1994-031 6/6/94
ORDINANCE NO. 94- 31
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Town and Country Homes Residential Developments
Billick Property and Quill Property
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
1970;and,
WHEREAS, there has been filed with the Lake County, Illinois Clerk of the Circuit Court a proper
petition pursuant to and in accordance with provisions of Section 5/7-1-2 of the Illinois Municipal Code to annex
certain territory,including but not by way of limitation,the territory legally described in Exhibits A and A-3 hereto
to the Village. There has been filed with the Village Clerk a copy of the Court Order had in said proceeding;
and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo
Grove a petition to annex certain territory legally described in Exhibif A-1 hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an
Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning
has been given and a public hearing was held;and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said
Annexation Agreement.
NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement,a copy of which is attached hereto and made a part hereof as
Exhibit B is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement
on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval.
This Ordinance shall not be codified.
AYES: 4 - Marienthal,....Ruhip, Braiman, Hendricks 3584829
w Farr s3 L6r�i��,-r ••.
NAYES, -Qfpste�•,- fi?�`"?� ABSENT: 2 - Reid Kahn
Cl
PASSED 6- 7 994 APPROVED: June 6 1994
•���s:. �?vi::i.,,�i.+- ..;:,_Tom+;�•fi,rr','�!l?21
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ATTEST:, AP P V D,
Village Clerl ;- :-- F''T= SIDNE . MATHIAS,Village
3584829
STATE OF ILLINOIS
SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 94-31 adopted on the' 6th day of
June , 19 94 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 24th day of August ,
1994
Village. Cler ' ,
By _ "y
lage,;Mtzk,>,�
Deputy Vil K
VILLAGE OF BDFM. 0 GROVE
50 RAUPP LG:!LEVAr :;
I'UFFALO GRO4E.
EXHIBIT A
TOWN AND COUNTRY HOMES
ANNEXATION AGREEMENT
The South no feet of that part of the West Half of the Northeast Quarter of
Section 21,Township 43 North, Range 11, East of the Third Principal Meridian,
lying Westerly of the right of way of the Minnesota, St-Paul and Sault Ste. Marie
Railway, (except the South 260 feet of the West 335.1 feet thereof), In Lake
County, Illinois.
Also, except the West 40 feet of that part lying North of the,Svuth 260 feet
thoreof, and oxcepting therefrom any part previously annexed by any
Municipality; all in Lake County, Illinois.
Lot 1 in Billick's Acres, being a Subdivision of the Northwest Quarter of the
Southeast Quarter of Section 21, Township 43 North, Range 11, East of the
Third Principal Meridian,(lying Westerly of and excepting therefrom the Rnliway
right of way of the Minneapolis, St. Paul and Sault Ste. Marla Railroad)
according to the Plat thereof, recorded June 15, 1956, as Document 912118, in
Book 1453 of Records, Page 548, In Lake County, Illinois; excepting therefrom
any part previously annexed by any Municipality.
Lot 2 in Billlck's Acres, being a Subdivision of the Northwest Quarter Of the
Southeast Quarter of Section 21, Township 43 North, Range 11, East of the
Third Principal Meridian, (lying Westerly of and excepting therefrom the Railway
right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad)
according to the Plat thereof,recorded Junb 19, 1956, as Document 912118, in
Book 1453 of Records, Page 548; In Lake County, Illinois;
Also,all thAt pdrt of the right=of-W'Ay df ptaittg Road,lying between the Westerly
extensions of the North and South property lines,not previously annexed to the
Village of Buffalo Grove; excepting therefrom any part previously annexed by
any Municipality.
Lot 3; except the West 330.00 feet, as measured from the East line of Prnirla
Road, thereof, In Blillck's Acres, being a Subdivision of the Northwest Quarter
of the Southeast Quarter of Sectlon 21, Township 43 Nbr1h, Range.11, East of
the Third Principal Meridian, (lying Westerly of and excepting therefrom the
Railway right of way of the Minneapolis, St. Paul and Sault Ste. Marla Railroad)
according to the Plat thereof, recorded June 15, 1956, as Document 912118, In
Book 1453 of Records, Page 548, In Lake County, Illinois; excepting therefrom
any part previously annexed by any Municipality.
. 3584�329
Lot 5 in Billlck's Acres, being a Subdivision of the Northwest Quarter of tho
Southeast Quarter of Section 21, Township 43 North, Ringo 11, Enst of tho r
Third Principnl Meridian, (lying Westerly of and excepting therefrom the Raliwny
right of way of the Minneapolis, St. Paul and Sault Ste. Mario Railroad)
according to the Plat thereof, recorded Juno 15, 1956, as Document 912118, in
Book 1453 of Records, Page 548, In Lake County, Illinois;
Also,all lhnt pnrt of lho right-of-wny of Prairlo Pond, lying between the Westerly
extensions of the North and South property lines;
Excepting therefrom any part previously annexed by any Munlclpnllty.
Lot 6 In Bllllck's Acres, being a Subdivision of the Northwest Quarter of the
Southeast Quarter of Section 21, Township 43 North, Range 11, East of the
Third Principal Meridian, (lying Westerly of and excepting therefrom the Railway
right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad)
according to the Plat thereof, recorded June 15, 1956, as Document 912118, In
Book 1453 of Records, Page 548, in Lake County, Illinois;
PmcceLZ;
Lot 7 in Billlck's Acres, being a Subdivision of the Northwest Quarter of the
Southeast Quarter of Section 219 Township 43 North, Range 11, East of the
Third Principal Meridian,(lying Wes_teriy of and excepting therefrom the Railway
right of way of the Minneapolis St. Paul and Sault Ste. Marie Railroad)
according to the Plat thereof, recorded June 15, 1956, as Document 912118,In
Book 1453 of Records, Page 548, in Lake County, Illinois;
Also,all that part of the right-of-way of Prairie Road lying between the Westerly
extensions of the South property line and that North property lines adjacent to
said Prairie Road;
Excepting therefrom any part previously annexed by any Municipality.
P—a.Mel i
The North 10 acres of the following described real estate taken as a tract: The
West Half of the Southeast Quarter (except the North 38.31 acres thereof and
also except that part thereof conveyed to the Chicago and Wisconsin Railroad
Company by Deed dated October 7, 1885, and recorded October 7, 1885 as
Document 32613) of Section 21i Township 43 North, Range 11, East of the
Third Principal Meridian, in Lake County, Illinois;
Also, all that part of the right-of-way of Prairie Road lying between the Westerly
extensions of the North and South property lines;
Excepting therefrom any part previously annexed by any Municipality.
3584829
Pare
The West 848 feet (except the South 800 feet thereof)
Half of the Southeast Quarter of Section 21,Township 43 North, Range 11,East
of the Third Principal Meridian, iy►ng South of the S f that part of the West
conveyed by Edward Giss and Emma Giss outh line of premises
Caroline Biilick, his wife, by , his wife, to Frank BiW'ck and
ed April is, 1947 and recorded April 22,
19471 as Document 615629, except that part hereof, if an
Chicago and Wisconsin Railroad Company,by Dee ,1885 and
recorded October 7, 18859 as Document 32613 all in d dated October 7 y' conveyed to the
Lake County, Illinois;
Also,all that part of the right-of-way of Prairie Road lying between the Westerly
extensions of the North and South property Itnes
Excepting therefrom any part previously annexed by any Municipality.
The South 590 feet (except the South 390 feet thereo() of that part of the West
Half of the Northeast Quarter of Section 21, Township 43 North, Range 11, East
of the Third Principal Meridian, lying Westerly of the right-vf-way of the
Minnesota, Sl.Pnul and Sault Ste. Marie Railway, (except the Svuh 2G0 feet e
the West 355.1 feet thereof), in Lake County, Illinois;
Also, all that part of the right-of-way of Prairie Road lying between the Westerl
extensions of the North and South property lines; y
Excepting therefrom any part previously annexed by any Municipality.
-EA_RC L 1•
The East 330.00 feet of Lot 4 in Blllick's Acres being
Northwest.Quarter of the Southeast Quarter of Section Subdivision, Township the 43
North, Range 11, East of the Third Princlpal Meridian, (lying excepting therefrom the Railway right of way of the Minneapolis, St. Paul and _
Y� g Westerly of and
Sault Ste. Marie Railroad) according to the Plat thereof, recorded June 15
1956, as Document 912118, in Book 1453 of Records, Page 548, in Lake
County, Illinois. '
Excepting therefrom any part previously annexed by any Municipality.
Y
3584829`-
V
EXHIBIT A-1
TOWN AND COUNTRY HOMES
ANNEXATION AGREEMENT
The North 200 feet of the South 800 feet of the West 848 feet of the
Southwest Quarter of the Southeast Quarter of Section 21 , Township 43
North, Range 11 East of the Third Principal Meridian, in Lake County,
Illinois; also, all that part of.the-right-of-way of Prairie-Road lying between
the Westerly extensions of the North and South property lines.
EXHIBIT A-33
�C�413� •
That part of the East Half of the Northeast Ouarter of Section 21, Township 43
North, Range 11, East of the Thlyd Princlpni Meridian, lying South of tho
centerline of state Bond Issue Route 22, In Lake County, Illinois;
Also, all that part of the right-of-way of Illinois Route#22 (Itnlf Day Ron(j) lying
between the Northerly extensions of the East and West property lines;
Excepting therefrom any part previously annexed by any Municipality; and
except that part previously annexed by the Village of Lincolnshire,Lake County, '
Illinois.
sur
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6/6�4
TOWN AND COUNTRY HOMES
RESIDENTIAL DEVELOPMENTS
(Billick Property and Quill Property)
Annexation Agreement
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2. Agreement: compliance and Validit . . . . . . . . . . . . . . . . 5
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . 5
4. Enactment of Zoning Ordinance.. . . . . . . . . . . . . . . . . . 5
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . 6
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . 6
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . 7
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . 7
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Storm and Sanita Sewer Provisions. . . . . . . . . . . . . . . . 8
11 Drainage Provisions.,
. . . . . . . . . . . . . . . . . . . . 9
12. Developer Recapture of Utilit Costs. . . . . . . . . . . . . . . 10
13. Payment of Recapture Fees Owed, . . . . . . . . . . . . . . . 10
14. Securitv for Public and Private Site Improvements. . . . . . . . 10
15. Right-of-Way Dedication. . . . . . . . . . . . . . . . . . . . 11
16. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . 13
18. Building. Landscaping and Aesthetics Plans. 13
19. Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20. Proiect Models.. . . . . . . . . . . . . . . . . . . . . . . . . 14
21. Declaration of Covenants Conditions and Restrictions. . . . . . 14
22. Park District Donations. . . . . . . . . . . . . . . . . . . . 15
23. School District Donations. . . . . . . . . . . . . . . . . . . . . 15
24. Conditions Concerning Park and School Donations. . . . . . . 16
25. Annexation to the Buffalo Grove Park District. . . . . . . . . . . 16
26. Facilitation of Development. . . . . . . . . . . . . . . . . . . 16
27. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . 17
28. Term of Agreement. . . . . . . . . . . . . . . . . . . . 17
29. Binding Effect of Agreement.. . . . . . . . . . . . . . . . . . . 17
30. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . 18
31. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33. Litigation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . 20
3SS4829
6/6/94
TOWN AND COUNTRY HOMES
RESIDENTIAL DEVELOPMENTS
Quill Property, south side of Illinois Route 22 across from Stevenson High
School
Billick Eroperty, east side of Prairie Road west of Wisconsin Central Railroad
tracks
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the"Agreement") made and entered into
this 6th day of June, 1994, by and between the Village of Buffalo Grove (hereinafter
referred to as "Village") by and through the President and Board of Trustees of the Village
(hereinafter collectively referred to as the "Corporate Authorities") and Charlotte Babbini,
Sophie Billick, NBD Bank as Trustee under a trust agreement known as Trust No. 4242AH,
American National Bank and Trust Company of Chicago as Trustee under a trust
agreement known as Trust No. 56002 and Firstar Bank North Shore as Trustee under
Trust No. 678 (hereinafter referred to as "Owners", Billick Property and Quill Property) and
Pinnacle Corporation d/b/a Town and Country Homes, (hereinafter referred to as
"Developer").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Sophie Billick and NBD Bank as Trustee under a Trust Agreement
known as Trust No. 4242AH are the owners of a certain tract of property comprising
59.444 acres legally described and identified in the Legal Description, which is attached
hereto as EXHIBIT A, which exhibit is made a part hereof and which real estate is
i 35$4829
r contiguous to the corporate limits of the Village, and said owners have entered into a
contract to sell said tract of property to the Developer; and,
WHEREAS, Firstar Bank North Shore, as Trustee under Trust No. 678 is the owner
of a certain tract of property comprising 4.077 acres legally described and identified in the
Legal DescriptLon, which is attached hereto as EXHIBITA-1, which exhibit is made a part
hereof and which real estate is contiguous to the corporate limits of the Village and said
owner has entered into a contract to sell said tract of property to the Developer; and,
WHEREAS, NBD Bank as Trustee under a Trust Agreement known as Trust No.
4242AH is the owner of a certain tract of property comprising 0.953 acres described and
identified in the Legal Description attached hereto as EXHIBIT A-2, which exhibit is made
a part hereof and which real estate is contiguous to the corporate limits of the Village and
said owner has entered into a contract to sell said tract of property to the Developer; and,
WHEREAS, for purposes of this Agreement the tracts of property legally described
in EXHIBITS A, A-1, and A-2 attached hereto shall hereinafter be referred to as the "Billick
r
Property'; and,
WHEREAS, American National Bank and Trust Company of Chicago as Trustee
under Trust No. 56002, is the owner of a certain tract of property (hereinafter referred to
as the "Quill Property") comprising 68.901 acres legally described and identified in the
Legal Description, which is attached hereto as EXHIBIT A-3, which exhibit is made a part
hereof and which real estate is contiguous to the corporate limits of the Village, and said
owner has entered into a contract to sell said Quill Property to the Developer; and,
WHEREAS, this Annexation Agreement includes the Billick Property and the Quill
Property which may hereinafter be sometimes jointly referred to as the "Property;" and,
2 3584829
h contiguous to the corporate limits of the Village, and said owners have entered into a
contract to sell said tract of property to the Developer; and,
WHEREAS, Firstar Bank North Shore, as Trustee under Trust No. 678 is the owner
of a certain tract of property comprising 4.077 acres legally described and identified in the
Legal DescriptLon, which is attached hereto as EXHIBIT A-1, which exhibit is made a part
hereof and which real estate is contiguous to the corporate limits of the Village and said
owner has entered into a contract to sell said tract of property to the Developer; and,
WHEREAS, NBD Bank as Trustee under a Trust Agreement known as Trust No.
4242AH is the owner of a certain tract of property comprising 0.953 acres described and
identified in the Legal Description attached hereto as EXHIBIT A-2, which exhibit is made
a part hereof and which real estate is contiguous to the corporate limits of the Village and
said owner has entered into a contract to sell said tract of property to the Developer; and,
WHEREAS, for purposes of this Agreement the tracts of property legally described
in EXHIBITS A, A-1, and A-2 attached hereto shall hereinafter be referred to as the "Billick
Property'; and,
WHEREAS, American National Bank and Trust Company of Chicago as Trustee
under Trust No. 56002, is the owner of a certain tract of property (hereinafter referred to
as the "Quill Property") comprising 68.901 acres legally described and identified in the
Legal Description, which is attached hereto as EXHIBIT A-3, which exhibit is made a part
hereof and which real estate is contiguous to the corporate limits of the Village, and said
owner has entered into a contract to sell said Quill Property to the Developer; and,
WHEREAS, this Annexation Agreement includes the Billick Property and the Quill
Property which may hereinafter be sometimes jointly referred to as the "Property;" and,
2 3584829
WHEREAS, a Plat of Annexation, including certain street right-of-way is attached
hereto as EXHIBIT B which depicts a total acreage of 193.278 acres consisting of Parcels
1 through 15 as delineated on EXHIBIT B; and,
WHEREAS, Parcels 12, 14 and 15 as depicted on EXHIBIT B and consisting of
64.933 acres'gre not subject to this Agreement; and,
WHEREAS, a Plat of Annexation, including certain adjacent street right-of-way is
attached as EXHIBIT B-1, which depicts a total area of 4.077 acres (a portion of"Billick
Property" as identified in EXHIBIT A-1 hereto) to be annexed; and,
WHEREAS, a Plat of Annexation is attached as EXHIBIT B-2, which depicts a total
area of 0.953 acres (a portion of"Billick Property" as identified in EXHIBIT A-3 hereto) to
be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-4 District of the Village Zoning Ordinance to develop the
Billick Property in accordance with and pursuant to a certain Preliminary Plan prepared by
JEN Land Design and dated as last revised June 2, 1994, and also a certain Preliminary
Engineering Plan prepared by Manhard Consulting, Ltd. and dated as last revised June
2, 1994, (hereinafter jointly referred to as the "Billick Property Preliminary Plan") a copy
of which Preliminary Plan is attached hereto as EXHIBITS D and E and incorporated
herein, and subject to all other exhibits attached hereto or incorporated by reference
herein. Said development of the Billick Property shall consist of not more than 139 single-
family detached homes; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-4 District and the R-9 District, with a Residential Planned
Unit Development, of the Village Zoning Ordinance to develop the Quill Property in
accordance with and pursuant to a certain Preliminary Plan prepared by JEN Land Design
3
3584829
iU
and dated as last revised June 2, 1994, and also a certain Preliminary Engineering Plan
prepared by Manhard Consulting, Ltd. and dated as last revised June 2, 1994, (hereinafter
jointly referred to as the "Quill Property Preliminary Plan") a copy of which Preliminary Plan
is attached hereto as EXHIBITS F, F-1, and G and incorporated herein, and subject to all
other exhibits z1ttached hereto or incorporated by reference herein. Said development of
the Quill Property shall consist of not more than 98 single-family detached homes and 148
townhome dwelling units.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) and as the same may have
been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was
submitted to the Corporate Authorities and a public hearing was held thereon pursuant to
notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the
Village has held a public hearing and made their recommendations with respect to the
requested zoning classification in the R-4 District for the Billick Property and the R-4
District and R-9 P.U.D. zoning for the Quill Property; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of the Billick Property and Quill Property
to the Village and its zoning and development on the terms and conditions herein set forth
would further enable the Village to control the development of the area and would serve
the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance with
the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65,
4
3584829 �r
t n `_Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's
Home Rule powers. The preceding whereas clauses are hereby made a part of this
Agreement.
2. Agreement: Compliance and Validity. There has been filed with the Lake
County, Illinois Clerkof the Circuit Court a proper petition pursuant to and in accordance
with provisions of Section 517-1-2 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes, 1992) to annex the Parcels delineated on EXHIBIT B hereto to the
Village. There has been filed with the Village Clerk a copy of the Court Order had in said
proceedings. There have been filed with the Village Clerk proper petitions pursuant to and
in accordance with the provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter
65, Illinois Compiled Statutes, 1992) to annex the Parcels delineated on EXHIBITS B-1
and B-2 to the Village.
3. Enactment of Annexation Ordinances. The Corporate Authorities within
twenty-one(21) days of the execution of this Agreement by the Village will enact valid and
binding ordinances (hereinafter referred to as the "Annexation Ordinances") annexing the
Billick Property and the Quill Property to the Village. Said Annexation Ordinances shall
be recorded with the Lake County Recorder's Office along with the Plats of Annexation
(attached hereto as EXHIBITS B, B-1 and B-2).
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinances, the Corporate Authorities shall adopt a proper,
valid and binding ordinance, zoning The Billick Property in the R-4 District and zoning the
Quill Property in the R-4 District and R-9 P.U.D. District subject to the restrictions further
contained herein and all applicable ordinances of the Village of Buffalo Grove as amended
from time to time. Said zoning shall be further conditioned on the development of the
Billick Property in accordance with the Preliminary Plan (EXHIBITS D and E) and
5 3584829
n `development of the Quill Property in accordance with the Preliminary Plan (EXHIBITS F,
F-1 and G) and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D and E) for the Billick Property and the Preliminary Plan
(EXHIBITS F. F-1 and G) for the Quill Property pursuant to the provisions of the
Development Ordinance. The Corporate Authorities agree to approve Development Plans
(including plats of subdivision) based on final versions of the plans and drawings of the
development of the Billick Property and Quill Property as submitted by the Owner or
Developer provided that the Development Plans shall:
(a) conform to the approved Preliminary Plans, and
(b) conform to the terms of this Agreement and all applicable Village Ordinances
as amended from time to time; and
(c) conform to the approved Development Improvement Agreements as
amended from time to time.
Phasing of the development of the Billick Property and Quill Property, if any, shall be in
accordance with applicable Village ordinances, and shall be consistent with the approved
Preliminary Plans.
6. Compliance with Applicable Ordinances. Owners and Developer agree to
comply with all ordinances of the Village of Buffalo Grove as amended from time to time
in the development of the Property, provided that all new ordinances, amendments, rules
and regulations relating to zoning, building and subdivision of land adopted after the date
of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall
be equally applicable to all property similarly zoned and situated to the extent possible.
Owner and Developer, in the development of the Property, shall comply with the standards
and time limits set forth in the Village of Buffalo Grove Development Ordinance as
amended from time to time.
6 358482�
i3
+ 7. Amendment of Plan. If the Owners or Developer desire to make changes
in the Preliminary Plans, as herein approved, the parties agree that such changes in the
Preliminary Plans will require, if the Village so determines, the submission of amended
plats or plans, together with proper supporting documentation, to the Plan Commission
and/or the Cor.porate Authorities to consider such changes to the Preliminary Plans. The
Corporate Authorities may, at their sole discretion, require additional public hearings and
may review the commitments of record contained in this Agreement, including, but not
limited to fees, prior to final consideration of any change in the Preliminary Plans.
Notwithstanding the foregoing, the parties acknowledge and understand that minor
changes to the Preliminary Plans may be necessary when Final Developments Plans are
prepared, and the Village Manager is hereby authorized to approve such minor changes
as he deems appropriate, provided that no such changes - (a) involves a reduction of the
area set aside for common open space; nor (b) increases by more than two percent (2%)
the total ground area covered by buildings.
8. Building Permit Fees. The building permit fees may be increased from time
to time so long as said permit fees are applied consistently to all other developments in
the Village to the extent possible. In the event a conflict arises between the Owners or
Developer and the Village on any engineering and technical matters subject to this
Agreement, the Village reserves the right to pass along any and all additional expenses
incurred by the use of consultants in the review and inspection of the development from
time to time. Owners or Developer shall pay any non-discriminatory new or additional fees
hereinafter charged by the Village to Owners or Developer or property within the Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer which points to
the extent shown on EXHIBITS E and G are hereby approved by the Village. It is
7
358.4829
understood, however, that changes to the Preliminary Engineering Plans may be required
at the time of Final Engineering. The Developer further agrees to pay to the Village such
fees in accordance with the applicable Village Ordinances at the time of the issuance of
the water and sewer permits. The Developer agrees to accept any increase in water rates
and tap on fee§ provided such rates and fees apply consistently to all other similar users
in the Village to the extent possible. Following such tap on, the Village agrees to provide
to the best of its ability and in a non-discriminatory manner water service to all users on
the Billick Property and Quill Property in accordance with the Preliminary Plans.
Watermains serving the Billick Property and Quill Property and those approved as part of
the development shall be installed by the Developer and, except for service connections
to the buildings shall, upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, be dedicated to the Village and become
a part ofthe Village water system maintained by the Village.
10. Storm and Sanita Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and
to use their best efforts to aid Developer in obtaining such permits from governmental
agencies having jurisdiction as may be necessary to authorize connection from the
proposed development to the Lake County Public Works Department for the collection of
sewage and to the Lake County Division of Transportation and Illinois Department of
Transportation as may be appropriate. The Developer shall construct on-site sanitary
sewers pursuant to EXHIBITS E and G and off-site sanitary sewers as may be necessary
to service the Billick Property and Quill Property. It is understood, however, that changes
to the Preliminary Engineering Plans may be required at the time of Final Engineering.
Upon installation and acceptance by the Village through formal acceptance action by the
Corporate Authorities, the Corporate Authorities agree to operate and maintain such
g �y
3 584829 {'�
systems, except for sanitary sewer service connections. The Developer agrees to accept
any increase in sewer rates and tap on fees, provided that such fees and rates are applied
consistently to all similar users in the Village to the extent possible.
B. The Developer shall also construct on-site storm sewers pursuant to
EXHIBITS E and G and off-site storm sewers as may be necessary to service the Billick
Property and Quill Property. It is understood, however, that changes to the Preliminary
Engineering Plans may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate Authorities,
the Corporate Authorities agree to operate and maintain that portion of the storm sewer
system which serves public street, or multiple properties.
C. Concerning water and sanitary sewer service for the Quill Property:
1. The sanitary sewer, lift*station and force main shall serve a
tributary area which will be determined by the Village.
2. The water main and force main along Route 22 shall be
relocated to an easement to be acquired by the Developer to
eliminate the need to relocate said utility lines upon the
ultimate widening of Route 22. In the alternative, the
Developer shall pay the Village $25,000.00 as compensation
for future relocation of said utilities.
11. Drainage Provisions. The Developer shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, to preserve drainage
standards. The Developer shall install any storm sewers and/or inlets which are required
to eliminate standing water or conditions of excess sogginess which may, in the opinion
of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses.
9 3584829 /
l �
+ 12. Developer Recapture of Utility Costs. It is understood and agreed that a
portion of the sanitary sewer and lift station to be constructed and installed by the
Developer to serve the proposed development on the Quill Property (hereinafter referred
to as"Developer's Improvements") may be required by the Village to be so located and/or
oversized as tQ benefit neighboring properties not owned by the Developer, thus making
such utility service available thereto. The Corporate Authorities agree to adopt an
ordinance to permit the Developer to recapture from such neighboring property owners as
may be benefitted by the Developer's Improvements, that portion of the actual costs of
oversizing the construction and installation of Developers' Improvements, in such
proportionate amounts from such neighboring property owners as may be so benefitted as
determined by the Village. Said recapture ordinance shall only be enforceable for seven
(7) years from its passage. The Village and Developer agree to use their best efforts to
cooperate to achieve the most practical and feasible route to the off-site utilities
connection points. The Village agrees to cooperate with the Developer in effectuating
recapture from future developers as appropriate. The Village shall be entitled to a five (5)
percent fee from any amounts hereby recaptured for its collection efforts.
13. Payment of Recapture Fees Owed. Recapture for sanitary sewer shall
include all downstream sewers to which the Billick Property and Quill Property are tributary
and notwithstanding the fact that the Billick Property and Quill Property may not be
specifically noted in the benefit area in the recapture ordinances of record. Said
recapture shall be paid to the Village upon final platting of the first plat of subdivision for
any portion of the Billick Property and Quill Property. The per acre fee charged for said
recaptures shall be consistent with other properties within the benefit area.
14. Securitv for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development
10
3584829
'Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from
time to time. Any letter of credit or surety bond issued for such improvements shall be
drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney.
The issuer may have an equitable or lending interest in the Property provided that the
letter of credit gr surety bond, either by its own terms and by separate written assurances
of the issuer, shall be honored irrespective of that interest. The Village shall have the right
to draw up to the full amount of the letter of credit or surety bond in order to complete, and
have formal acceptance of, all improvements secured by the letter of credit or surety bond.
15. Right-of-Way Dedication. At the request of the Village, but no later than
upon final platting of the first plat of subdivision for each of the Billick and Quill Properties,
Developer shall make the following dedications:
A. Billick Property-Twenty (20) feet of additional right-of-way along the
east side of Prairie Road to achieve a right-of-way of 60 feet from the
centerline of said road;
B. Quill Property- Forty seven (47) feet of additional right-of-way along
the south side of Illinois Route 22 to achieve a right-of-way of 77 feet
from the centerline of said road; provide 72 feet of right-of-way for the
internal streets at the intersection of Illinois Route 22 for the length of
the three-lane roadway sections as depicted on EXHIBIT G.
16. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held before the
Plan Commission and the Corporate Authorities prior to the execution of this Agreement,
are hereby incorporated by reference herein, made a part hereof and designated as shown
below. This Agreement, upon execution by the parties, together with copies of all
11 3584829
'EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the
parties hereto.
EXHIBIT A Legal Description - Billick Property (Part - Parcels 1 through 11
of EXHIBIT B)
EXHIBIT A-1 Legal Description - Billick Property (Part - Firstar Bank North
Shore portion, EXHIBIT B-1)
EXHIBIT A-2 Legal Description - Billick Property (Part - EXHIBIT B-2)
EXHIBIT A-3 Legal Description - Quill Property (Parcel 13 of EXHIBIT B)
EXHIBIT A-4 Legal Description - R-4 and R-9 P.U.D. areas of the Quill
Property
EXHIBIT B Plat of Annexation dated as last revised June 6, 1994 by
Midwest Technical Consultants, Inc. depicting 193.278 acre
annexation area
EXHIBIT B-1 Plat of Annexation dated as last revised May 16, 1994 for the
04 Firstar Bank portion of the Billick Property by Midwest
Technical Consultants, Inc.
EXHIBIT B-2 Plat of Annexation dated as last revised May 16, 1994 for a
0.953-acre portion of the Billick Property by Midwest Technical
Consultants, Inc.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated as last revised June 2, 1994 for the
Billick Property by JEN Land Design, Inc.
EXHIBIT E Preliminary Engineering Plan dated as last revised June 2,
1994 for the Billick Property by Manhard Consulting, Ltd.
EXHIBIT F Preliminary Plan dated as last revised June 2, 1994 for the
Quill Property by JEN Land Design, Inc.
EXHIBIT F-1 Preliminary Plan dated as last revised June 2, 1994 for the
Townhome Area of the Quill Property by JEN Land Design,
Inc.
EXHIBIT G Preliminary Engineering Plan dated as last revised June 2,
1994 for the Quill Property by Manhard Consulting, Ltd.
12 3584829
r'`
EXHIBIT H Overall Landscape Plan dated as last revised May 10, 1994
for the Townhome Area of the Quill Property by Land
Consultants Inc.
EXHIBIT I Landscape Details Plan dated as last revised May 10, 1994 for
the Quill Property by Land Consultants Inc.
EXHIBIT J Building Elevations of Townhomes dated as last revised April
20, 1994 for the Quill Property by BBG Architects.
EXHIBIT K Conceptual Plan for Active Use Park Site received May 24,
1994 for the Billick Property by the Buffalo Grove Park District.
EXHIBIT L Conceptual Plan for Active Use Park Site received May 24,
1994 for the Quill Property by the Buffalo Grove Park District.
17. Annexation Fee. Developer agrees to pay an annexation fee of$700.00 per
dwelling unit which fee shall be payable prorata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
18. Building, Landscaping and Aesthetics Plans. Developer will submit building
and landscaping plans (which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission and the Corporate
Authorities before commencing construction of buildings. Wherever applicable, such
building and landscaping plans shall be approved by the Appearance Commission and
Corporate Authorities if in substantial conformity to EXHIBITS H, I, or J of this Agreement.
Lighting and signage shall be compatible with surrounding areas as approved by the
Appearance Commission. Phases not under construction or completed shall be
maintained in a neat and orderly fashion as determined by the Village Manager.
19. Fencing. It is the intent of the Village that any fencing installed along Prairie
Road on the Billick Property and along Illinois Route 22 on the Quill Property shall be of
a uniform style and design. Said fencing shall not be a wood stockade fence.
After receipt of approval of said fencing by the Village, the Developer shall
record covenants running with the land requiring that any modifications or reconstruction
13
3584829
of said fencing shall be in compliance with the design approved by the Village. Said
covenants are subject to review and approval by the Village.
The covenants shall further provide: (a) each lot owner is to maintain that
portion of the fence on his lot; (b) is enforceable by the Village; (c) if the lot owner fails
to maintain thwf nce, the Village or its agents may enter upon the lot to maintain the fence
and lien the lot for the costs and expenses of said maintenance.
20. Proiect Models. The Village agrees to permit the Developer to construct and
maintain one (1) area for single-family model homes on each of the Billick and Quill
Properties and one (1) area for townhome models on the Quill Property, with each single-
family model area consisting of a maximum of five (5) buildings and the townhome model
area consisting of a maximum of one (1) building, each with suitable parking areas and all
subject to approval by the Appearance Commission as provided in this Agreement. Such
construction shall be in compliance with the Village's Building Code in effect at the time
of building permit issuance. The use of the model homes for marketing homes on the
Property-shall be discontinued when development of the Billick Property and Quill Property
as proposed herein has been completed.
21. Declaration of Covenants. Conditions and Restrictions. The Townhome
Area of the Quill Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation a provision
whereby the Village shall have the right, but not the obligation, to enforce covenants or
obligations of the Developer, association and/or owners of the units of the Quill Property
as defined and provided within the Declaration and further shall have the right, upon thirty
(30) days prior written notice specifying the nature of a default, to enter upon the Quill
Property and cure such default, or cause the same to be cured at the cost and expense
of the Developer, association or other owners of the Quill Property. The Village shall also
14 3584829 -,4
am/
(c 1
_t r,(
'have the right to charge or place a lien upon the Quill Property of repayment of such costs
and expense, including reasonable attorneys' fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants and
obligations to own and maintain the drainage system depicted on EXHIBIT G. The
Declaration Oall also include the obligation that the association shall provide snow
removal of private driveways, parking spaces, including spaces in public right-of-way, and
public sidewalks and shall store excess snow in appropriate off-street locations, and shall
not in any way impede the Village's snow removal operations on public streets.
The Declaration shall be submitted to the Village for review and approval,
and shall further provide that the provisions relative to the foregoing requirements may not
be amended without the prior approval of the Village.
22. Park District Donations. Developer agrees to comply with the provisions of
Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park
donations. Developer agrees to convey the park site (2.93 acres) depicted on EXHIBIT
D on the Billick Property and the park site (3.20 acres) depicted on EXHIBIT F on the Quill
Property. Said land conveyances shall be to the Village for a conveyance to the Park
District. If additional park donations are required pursuant to Title 19, Developer agrees
to make cash contributions to the Village for conveyance to the Buffalo Grove Park District
to fulfill the obligation of the Billick Property and Quill Property concerning park donations.
23. School District Donations. Developer agrees to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding
school donations. Developer agrees to make cash contributions to the Village for
conveyance to School Districts Nos. 102, 103 and 125 according to the criteria of said
Title.
15 3584829
24. Conditions Concerning Park and School Donations. It is understood and
agreed that rooms in the residential units labeled as dens, lofts, or studies on the floor
plans will be counted as bedrooms for the purposes of calculating park and school
donations, if, in the judgment of the Village, said rooms can be used as bedrooms. It is
understood apd agreed that the per acre land value used to compute said cash
contributions may be increased from time to time, and cash contributions made at the time
of building permit issuance shall be based on the land value in effect at the time of permit
issuance.
25. Annexation to the Buffalo Grove Park District The Owners and Developer
agree, at the request of the Buffalo Grove Park District, to annex any part or all of the
Billick Property and/or the Quill Property to said Park District in the manner and to the
extent provided by applicable law. To the extent such annexation is not legally permitted,
the Owners and Developer agree to cooperate with the Village to establish a special
service area for park and recreational services, which special service area shall be subject
to a tax rate no greater than the average tax rate of said Park District during the three
years preceding the execution of this Agreement, and which special service area shall be
dissolved with respect to any parcel upon its annexation to said Park District. The Village
shall use the revenue from any such special service area either to provide park services
within the special service area or to contract with said Park District to provide park and
recreational service to residents and properties within said special service area.
26. Facilitation of Development. Time is of the essence of this Agreement, and
all parties will make every reasonable effort to expedite the subject matters hereof. It is
further understood and agreed that the successful consummation of this Agreement and
the development of the Property in the best interests of all the parties require their
continued cooperation. The Owners and Developer do hereby evidence their intention to
16 3584829
c `�
fully comply with all Village requirements, their willingness to discuss any matters of mutual
interest that may arise, and their willingness to assist the Village to the fullest extent
possible. The Village does hereby evidence its intent to always cooperate in the resolution
of mutual problems and its willingness to facilitate the development of the Property, as
contemplated J�y the provisions of this Agreement. To this end, the Village agrees, upon
request of Developer, to take such action (including condemnation) as may be necessary
to secure or acquire any easement or right-of-way that may be necessary or convenient
for the installation of water, sanitary sewer, stormwater management, or other off-site
improvements required in connection with the development of the Property or any portion
thereof, provided, however, that the cost of acquisition, including legal fees, shall be paid
by the Developer. If the Village is unable to acquire any required easement, the parties
will cooperate to identify reasonable alternative routes for the various improvements
required under this Agreement.
27. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or
in equity to secure the performance of the covenants herein described. If any provision
of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the provisions contained herein.
28. Term of Agreement. This Agreement will be binding on all parties and the
Property for a term of twenty (20) years from the date of the execution of this Agreement
by the Village. This Agreement shall not be assigned without prior written consent of the
Village.
29. Binding Effect of Agreement. This Agreement shall be binding upon the
Billick Property and Quill Property, the parties hereto and their respective successors and
assigns whether or not said Property is annexed to the Village.
17
3584829
30. Corporate Capacities., The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
entering into this Agreement in their official capacities as members of such group and shall
have no personal liability in their individual capacities.
31. Notices. Any notice required pursuant to the provisions of this Agreement
shall be in writing and be sent by certified mail to the following addresses until notice of
change of address is given and shall be deemed received on the fifth business day
following deposit in the U.S. Mail.
If to Owners: Norman Samelson, Esq.
Samelson, Knickerbocker and Payne
575 Lee Street
Des Plaines, IL 60016
John Damisch, Esq.
Barclay and Damisch, Limited
230 W. Monroe Street, Suite 2200
Chicago, IL 60606
If to Developer: James Truesdell
Town and Country Homes
1603 16th Street
Oak Brook, IL 60521
Copy to: Peter J. Brennan, Esq.
Town and Country Homes
1603 Sixteenth Street
Oak Brook, IL 60521
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
18
32. Default.
A. In the event Owners or Developer default in their performance of their
obligations set forth in this Agreement, then the Village, may upon notice to Owners or
Developer allow Owners or Developer sixty (60) days to cure said default or provide
evidence to the Village that such default will be cured in a timely manner if it cannot be
cured during said period. If Owners or Developer fails to cure such default or provide such
evidence as provided above, then, with notice to Owners or Developer, the Village may
begin enforcement proceedings.
B. In addition to sub-paragraph A hereof, it is recognized by the parties
hereto that there are obligations and commitments set forth herein which are to be
performed and provided for by the Developer not by the Owners. The Village agrees that
the Owners as such are exculpated from any personal liability or obligation to perform the
commitments and obligations set forth herein and that the Village will look solely to the
Developer for such performance, except that to the extent that the Owners or successors
thereto shall become a developer or shall designate or contract with a developer other
than Town and Country Homes. In that case, the Owners or the new designee shall be
subject to the liabilities, commitments and obligations of this Agreement. In the event the
Developer defaults in his obligations created under this Agreement, the Village may
enforce such obligations against the Property Owner.
C. The parties further agree that they may, in law or in equity, by suit,
action, mandamus, or any other proceeding, including, without limitation, specific
performance, enforce or compel the performance of this Agreement; provided, however,
that Developer and Owners agree that they will not seek and do not have the right to seek
to recover a judgment for monetary damages against the Village or any elected or
appointed officials, agents, representatives, attorneys, or employees thereof on account
19
'vf the negotiation, execution, or enforcement of any of the terms and conditions of this
Agreement.
33. Litigation.
Except Trustee
A. The Developer and Owners'Aat their cost, shall be responsible for any w
litigation which may arise relating to the annexation, zoning and development of the
Property. Owners and Developer shall cooperate with the Village in said litigation but
Developer's counsel will have principal responsibility for such litigation.
Except Trustee
B. The Owners,,and Developer shall reimburse the Village for reasonable rl�
attorneys'fees, expenses and costs incurred by the Village resulting from litigation relating
to the annexation, zoning and development of the Property as set forth in Paragraph 33.A
above or in the enforcement of any of the terms of this Annexation Agreement upon a
default by the Owners and Developer.
Except Trustee
r C. Owners.and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of development
activities for which the Owners or Developer are responsible.
34. Special Conditions.
A. The following variations to the Village's Development Ordinance are
hereby granted as depicted on EXHIBITS E and G.
Billick Property - Section 16.50.040.C.3 and 16.50.040.C.4 - to allow
stormwater management areas to be designed as wetlands instead of as
detention facilities and permanent ponds as defined by the Ordinance;
Section 16.30.050.A.4 and 16.50.070.D.2 - to allow a cul-de-sac terminus
with a minimum right-of-way diameter of 100 feet instead of 120 feet
adjacent to Lots 8 and 9 as depicted on EXHIBIT D.
20
Quill Property - Section 16.50.040.C.4 - to allow the depth of permanent
ponds to be 6 feet instead of 15 feet;
B. Developer shall convey in fee to the Village at the request of the
Village the parcels on the Billick Property labeled on EXHIBIT D as "Wetland and Buffer,"
"Wetland and Qetention,""Park Site" and the area adjoining Lots 120 through 131 on the
south and west of said lots, which area is contemplated for the future extension of Weiland
Road and realignment of Prairie Road.
C. Developer shall convey in fee to the Village at the request of the
Village the 10-foot wide access strip between Lots 50 and 51 on the Billick Property as
depicted on EXHIBIT D. The proposed water main between Lots 49 and 50 as depicted
on EXHIBIT E shall be relocated to said access strip if required by the Village.
D. Developer shall convey in fee to the Village at the request of the
Village the 10-foot wide strips on the Billick Property adjoining Lots 22, 29 and 30, Lots 75,
76, 104 and 105, and Lot 120 as depicted on EXHIBIT D. Developer shall construct a
sidewalk on each access strip in compliance with Village requirements.
E. Developer shall convey an 80-foot wide parcel in fee to the Village
between Lots 11 and 41 on the Billick Property, and a street shall be constructed on this
parcel as required by the Village. Any portion of this parcel to be used for street or right-
of-way purposes shall be centered on the parcel and shall not be more than 60 feet in
width.
F. Developer shall place a covenant on all lots on the Billick Property that
adjoin the "Wetland and Buffer" and Wetland and Detention" areas depicted on EXHIBITS
D and E that prohibits any modification of said wetland/detention areas and that discloses
the purpose and intent of providing said areas on the Billick Property. Said covenant shall
be prepared at time of final plat and is subject to Village review and approval.
ai 3584829 -) --
�r
' •� G. Developer shall construct a continuous sidewalk along the east side
of Prairie Road from the north line of the Billick Property to Aptakisic Road. Said sidewalk
shall include off-site parcels.
H. Developer shall construct an 8-foot wide sidewalk along the south
side of Illinois,FZoute 22 adjoining the Quill Property and extending west to Prairie Road
west of the Wisconsin Central Railroad tracks.
I. Developer shall provide a cash payment to the Village for the value
of streetlights required on the north and south sides of Route 22 adjoining the Quill
Property. If permits can be obtained from the Illinois Department of Transportation (IDOT)
streetlights shall be constructed on both sides of Route 22 adjoining the Quill Property in
lieu of said cash payment.
J. Developer shall make best efforts to acquire easements as necessary
to construct utilities to serve the Quill Property.
K. The area labeled as "Detention" (5.52 acres) on EXHIBITS F and G
for the Quill Property shall be conveyed in fee to the Village at the request of the Village.
L. All water wells and septic sewer facilities on the Billick Property and
Quill Property shall be properly sealed or pumped and filled as required by the Illinois
Department of Public Health and as approved by the Village Health Officer. All
underground tanks shall be removed as permitted and approved by the Illinois State Fire
Marshal.
M. All buildings, structures, vehicles, junk and debris on the Billick
Property and Quill Property prior to the date of this Agreement shall be removed prior to
initial grading for the development. If the Village so directs, the Developer shall allow the
Village to use said buildings and structures for fire training purposes. Developer shall be
responsible for removing the remains of said buildings and structures from the Billick
22
,1584829 c7f
• +- *Property and Quill Property. The Village shall provide an appropriate hold harmless and
indemnity agreement to the Owners and Developer.
N. The removal or relocation of any trees or other plant material on the
Billick Property and Quill Property is subject to approval by the Village. Prior to any
grading or site preparation work on the Property, Developer shall obtain approval of a tree
preservation plan by the Village.
O. No residential lots on the Billick Property shall have direct driveway
access to Prairie Road or the Prairie/Weiland Road realignment, and no residential lots
on the Quill Property shall have direct driveway access to Illinois Route 22. The
respective plats of subdivision shall note said restrictions.
yN
M
P. If the annexation of the Billick Property and Quill Property (or any
portion thereof) to the Village is invalidated, the Owners thereof shall immediately file
annexation petitions with the Village pursuant to Section 5/7-1-8 of the Illinois Municipal
4 Code.
Q. The Village shall permit connection of the Quill Property to the
Village's water and sanitary sewer systems pursuant to this Agreement and all EXHIBITS
hereto even if the annexation of said Quill Property to the Village is invalidated. The
foregoing commitment shall only be effective if Pinnacle Corporation d/b/a Town and
Country Homes is the developer of the Quill Property. The Village only has to provide
water and sanitary sewer service to the Quill Property for so long as all of the Quill
Property remains unincorporated.
IN WITNESS WHEREOF, the Corporate Authorities and Owners and Developer
have caused this instrument to be executed by their respective proper officials duly
authorized to execute the same on the day and the year first above written.
23 3584829
wN '� ` VILLAG F BUFFALO GRO
Village President
ATTEST:
ps `�s s�via x:stty!/a�
OWNER:
By
�„ r�V� � �![YyOWNER: NBn BANK, T/U/T #4242—AH ,
� r,r �P� an•d not p rsonally .
Officer
OWNER:
LZI-1, 4 z�_
may.
Ile wc" Nj*w kd And TMIt 4w" M Olt V
NOT INDIVIDUALLY BUT SOLELY AS TRUSTREE
arsnnalty b+�scla�'as OWNER: X,'It'll
undo�tigned Lanu Tru�iea,not p U14KR TRU 0 ?Y
-his instrument is executed by vor and authority contoured urn and ves'pd in R as such
warrants,;Kgmnitjes. sY -�L l L�L
Trustae.1 ilia ex?,Os:of the s and ttuai aN m M i V 10 a MI981 DE
T usles•ti is sepia sN�w�dorstood node on the pact of tho By
1 rainki ar d agrearxnti trrei� nel No personal i
raoressn ations.coven,n. soHlYiniLs� Y a,ruts sa and nct g Red ofIV
Trusiee ati undertaken try is a;sur^wd by or shall at any "be �entairon,
Yabl>;ty or cn� wasp-' � Warranty,Indemra. �
eniorca�!e against the 1 rusted On t�hert cl Trustee in Nits instrument' OWNER:
covenant,undertaking a a9r�° y �• r ,B
DEVELOPE d Country Homes
By
24 •�58�829
it is expressly understood and agreed by and between the parties hereto, anything herein
to the contrary notwithstanding, that each and all of the representations, covenants,
undertakings and agreements herein made on the part of the Trustee while in farm
purporting to be the representations, covenants, undertakings and agreements of said
Trustee are nevertheless each and every one of them, made and intended not as personal
representations, covenants, undertakings and agreements by the Trustee or for the ,purpose
or with the intention of binding said Trustee personally but are made and intended for -,ne
purpose of binding only -Uhat portion of the trust property scecifically cescribed herein,
and this instrument is executed and delivered by said Trustee not in its own rightt, but
solely in the exercise of the powers conferred ucon it as such Trustee; and rhat no
personal liability or personal responsibility is assumed by nor shall at any time ce
asserted or enforceable against FIRSTAR SANK NCRTH SHCP,E, or any of the beneficiaries
uncer said Trust agreement, on account of this instrument er on account of any
representation, covenant, uncertaking or agreement cf the said Trustee, whe:"er or not in
.nis instrument ccn_ained, either excressed or implied, all SLcn personal liability, if
any, being expressly waived and releasaa.
FIRSTAR BANK �CRT',i SirCRE, as Trustee
uncer Agreement dated May 3, 1990
and known as Trust No. 678
and not perscnaiiy or inaivi dual 1y. ,
,.,:& X-- A.e
StepherVE. Miles, Assistant Trust Officer
June 23, 1994
e
This instrument is executed by NBD Bank, not individually but as trustee. All the covenants M
and conditions to be performed hereunder by NBD Bank, are undertaken by it as Trustee and not [�
individually, and no personal or individual liability shall be asserted or enforceable y against NBD Bank, by reason of any of the covenants. statements, representations, 0 0
indemnifications or warranties expressed or implied herein contained in this instrument.
N
It is also expressly understood and agreed by every person, firm or corporation claiming any
interest under this document that NBD Bank, shall have no liability, contingent or otherwise, hi
arising out of, or in any way related to, (i) the presence, disposal, release or threatened
release of any hazardous materials on, over, under, from or affecting the property, soil,
water, vegetation, building, personal property. persons or animals thereof;(ii) any personal
injury (including wrongful death) or property damage (real or personal) arising out of or
related to such hazardous materials; (iii) any lawsuit brought or threatened, settlement
reached or government order relating to such hazardous materials, and/or (iv) any violation
of laws, orders, regulations, requirements or demands of government authorities, or any Pot
Policies or requirements of the Trustee which are based upon or in any way related to such
hazardous materials including, without limitation, attorneys' and consultants' fees,
investigation and laboratory fees, court costs, and litigation expenses.
In the event of any conflict between the provisions of this exculpatory rider and the
provisions of the document to which it is attached, the provisions of this rider shall
govern.
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