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1978-055 ORDINANCE NO. 78- 55 AN ORDINANCE APPROVING A PLANNED DEVELOPMENT (Strathmore Estates) AND AMENDING THE COMPRE- HENSIVE ZONING ORDINANCE WHEREAS , the Plan Commission of the Village of Buffalo Grove, Illi- nois , has recommended the approval of a Planned Development for the property hereinafter described; and WHEREAS , the President and Board of Trustees of the Village of Buffalo Grove have considered said Planned Development and have de- termined that the approval of said Planned Development is in the best interests of the Village of Buffalo Grove. NOW, THEREFORE , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS- TEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS : Section 1. That the Planned Development Agreement , dated July 10 , 1078, a copy of which is attached hereto and made a part hereof, is hereby approved. That the Village President and Village Clerk are hereby authorized and directed to execute said Agreement. Section 2 . That Ordinances #73-06 , #73 ,43, #75-18 and #76-14 and the Comprehensive Zoning Ordinance of the Village of Buffalo Grove are hereby amended by classifying the legally described real property in Exhibit "A" attached hereto and made a part hereof in the R-7 Multi- ple Family Dwelling District with a Special Use Planned Development, being subject to the Planned Development Agreement attached hereto. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. AYES :5-Bogart,Mani entha 1 , NAYES : 1 - Rech ABSENT: 0 - None one, Menaenhall , andel PASSED and APPROVED this loth day of July ...... 1978. APPROVED: �n C -075 7/20/78 PLANNED DEVELOPMENT AGREEMENT (Strathmore states ) This agreement (hereinafter referred to as the "Agreement" ) is made and entered into as of is 10th day of July, 1978 by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (herein- after 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 LSI RESIDENTAL COMMUNITIES , INC. , a Delaware corporation (hereinafter collectively with its successors and assigns with respect to the Property [subsequently defined] referred to as the "Developer" ) . IT SST : WHEREAS, the Developer is the fee owner of approximately sixty-three (63 ) acres of real property, the legal description of which is set forth on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as the "Property" ) , which real estate is situated within the corporate limits of the Village . WHEREAS, pursuant to Ordinance No. 73-5 , the Property was annexed to the Village; pursuant to Ordinances No . 73- , 7 - 7 and 75-17 an annexation agreement ( "Annexation Agree- ment" ) concerning the Property was approved; and pursuant to Ordinances No. 7 -6, 73- 3 ; 75-18 and 76-1 , the Comprehensive Zoning Ordinance of the Village ( "Zoning Ordinance" ) was amended to provide that the Property be classified as an R-9 Special Use Planned Development District; WHEREAS, on February 6, 1978 the Village Board of Trustees did act upon Developer' s request for a change in the Plan of Development for the Project, as originally contemplated by the Annexation Agreement, by referring to the Developer' s request to its Plan Commission for review and recommendation; WHEREAS , the Developer desires and proposes, pursuant to the provisions and regulations applicable to the R-7 Zoning District under the Village ' s Zoning Ordinance subject to a Planned Unit Development as provided for in Article VI of the Village Zoning Ordinance, to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Bruce Johnston and Associates , as revised on July 5, 1978 (hereinafter referred to as the "Preliminary Plan" ) , a copy of which Preliminary Plan is attached hereto as Exhibit B and incorporated herein, said development to contain not more than one hundred seventy-four ( 174 ) duplex units , and to be subject to the ordinances , including the yard and bulk requirements of the R-7 Zoning District, codes and regulations of the Village as may be amended from time to time (collectively referred to herein as "Village Ordi- nances" ) , except as otherwise specifically provided in this Agreement; -2- WHEREAS, pursuant to the provisions of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1977 ) , and pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held such public hearings prescribed by law with respect to the requested Preliminary Plan for the Property, and has submitted to the Corporate Authorities its recommendations concerning such Preliminary Plan; and WHEREAS , Developer and the Corporate Authorities have agreed to certain conditions to the development of the Property in accordance with the Preliminary Plan. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows : 1 . Recitals . The foregoing recitals are incorporated into this Agreement and made a part hereof as though set forth herein verbatim. 2 . Zoning. The Corporate Authorities hereby agree to adopt such ordinances as may be necessary to rezone the Property to the R-7 Zoning District classification, with a special use to provide for a planned unit development, park sites , Village well site, and church site, subject to the Preliminary Plan, as provided for in Section 5, Article VI of Zoning Ordinances , and subject to the conditions of this Agreement. The requirements of the R-7 Zoning District with -3- respect to the Property, as provided by this paragraph 2 , including the yard and bulk requirements, shall not be made more onerous or burdensome to the Developer with respect to the Property during the term of this Agreement. If at the termination of this Agreement any portion of the Property is not either under major development or previously developed, such undeveloped portion of the Property shall revert to the R-2 classification of the Village Zoning Ordinance . The zoning petition and subsequent public hearing relating to this planned development agreement ordinance shall be deemed to satisfy the petition hearing requirements for the reverter provisions of this paragraph. 3 . Phasing. The Corporate Authorities agree to approve a final subdivision plat or plats of units or phases of the development of the Property ( in accordance with the phasing schedule set forth on the Preliminary Plan) promptly upon submission of such is by the Developer to the Village , and to issue such appropriate building, and other permits based upon the final plans for the development of the Property as may be submitted by the Developer, provided that such final plats and -plans shall conform to the Preliminary Plan, as set forth in Section 5 . 8b, Article VI Buffalo Grove Zoning Ordinance, the terms of this Agreement and, as provided in this Agreement, all other applicable Village Ordinances . The Corporate Authorities agree to initially consider the -4- final subdivision plat or plats for Phase 1 and Phase 2 of the Property, and the final engineering plans for all phases of the Property, provided all documentation required therefor is properly prepared and submitted by Developer. 4. Change in Plan of Development. If the Developer desires to make changes in the Preliminary Plan, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans , together with proper supporting documentation, to the Plan Commission and the Corporate Authorities to consider such changes to this Agreement. 5 . Water and Sewer. The Developer shall construct on-site water mains and sanitary and storm sewers as may be necessary to service the Property, as shown on the Preliminary Utility Plan attached hereto as Exhibit K, and shall connect the sanitary outfall to the Camelot lift station. Upon in- stallation of the water mains and storm and sanitray sewer system by Developer and acceptance thereof by the Village through formal acceptance action by the Corporate Authorities the systems, except for service connections to the buildings , shall be dedicated to the Village and the Corporate Authori- ties agree to operate and maintain such systems , except for sanitary sewer service connections . The Developer shall be permitted and agrees to tap-on to the Village water and sewer systems at the points recommended by the Village -5- Engineer where Brandywyn Lane abuts the southern boundary line of the Property, such points being substantially in accordance with the Preliminary Utility Plan, attached hereto as Exhibit K, and, subject to paragraph 9 hereof, to pay to the Village fees for such tap-ons in accordance with Village Ordinances in effect at the date of issuance of buiiding permits for improvements on lots constituting part of the Property. The Developer agrees to accept any increases in water and sewer rates and tap-on fees, provided that such fees and rates are applied consistently to all users in the Village and not limited to the Property. Following such tap-ons, the Village agrees to provide water service to all the residential units to be constructed on the Property in accordance with the Preliminary Plan to the extent such water service is available, provided that the Village reserves the right to allocate water service in a non-discriminatory manner among all applicants for water service if there is not sufficient water service available for all applicants . Preliminary utility plans shall include water and sewer service to the church site. 6 . Exhibits . The following exhibits , which were presented in testimony given by the Developer or other witnesses during the hearings held before the Plan Commission prior to the execution of this Agreement, are hereby made a part hereof and designated as shown below, whether or not physically attached to the Agreement: -6- Exhi,bit A - Legal Description of the Property Exhibit B - Preliminary Plan Dated July 5, 1978 Exhibit C - Petition for Amendment to Planned Development Exhibit D - Village of Buffalo Grove Engineering Standards, commonly referred to as the "Manual of Practice" Exhibit E - Performance Guarantees - Administrativ,e Order No . 2 Exhibit F - Table of Estimated Ultimate Population Per Dwelling Unit Exhibit G - Architect' s Renderings and Elevations Exhibit H - Letter dated May 15 , 1978 from the Levitt Land Incorporated to the. Buffalo Grove Park District and the Park Development Plan for Wagner Farm dated May 10, 1978 Exhibit I - Recapture Letter and Village Memo Exhibit J - Letter Dated May 15 to Lake County Highway Department Exhibit K - Preliminary Utility Plan Dated June 17, 1978 Exhibit L - Master Drainage Design for Aptakisic Creek as Prepared by Henderson and Bodwell A Dated ?Aly 3 , 14-7-8 A set of such exhibits, initialled on behalf of the Village, has been delivered to the Developer. Copies of such exhibits -7- shall also be kept on it by the Village Clerk and will be available for inspection by the parties hereto. Developer shall comply with the requirements of all such exhibits . 7 . Other Agencies . The Corporate Authorities agree to cooperate with the Developer in the development of the Property contemplated by the Preliminary Plan and this Agreement and to use their best efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction over the Property as may be necessary to author- ize connections from the proposed development on the Property to the Lake County Department of Public Works for the collec- tion of sewerage, and to the State or County roads , as may be appropriate . The Developer agrees to pay the Lake County Water System Improvement Fee of Three Hundred Dollars ( $300 ) per duplex dwelling unit. 8 . Reimbursements . The Village acknowledges that the Developer is currently due Sixty-One Thousand Six Hundred Seventy-Nine and 35/100 Dollars ( $61, 679 .35 ) in principal and interest in accordance with the Village ' s Annexation Agreement Ordinance No. 73-4 and Exhibit I hereto . The Village agrees to allow the Developer to connect to the Village water and sewer systems without payment of tap-on fees until such time as Fifty-One Thousand and Six Hundred Seventy-Nine and 35/100 Dollars ( $52 , 679 .35 ) is entirely repaid by way of amortization through application of tap-on -8- fees is of otherwise be payable to the Developer pursuant hereto. The Village further agrees to allow the Developer to apply for building permits without payment of the Annexation Fee until such time as Ten Thousand ( $10, 000 ) Dollars is entirely repaid. 9 . School Contribution. The Village acknowledges that the Developer has complied with the provisions of the Village ' s Ordinance No . 77-72 regarding school donations by the donation of an eleven (11 ) acre school site to School District No. 96 and that no additional land or contributions of money are due from Developer to School District No . 96 or School District No. 125 in connection with the Property. The Developer acknowledges that he is responsible to fine grade and seed the eleven ( 11 ) acre school site in accordance with the specifications of School District No . 96 . 10 . Park Contribution. Notwithstanding the provisions of the Annexation Agreement, Developer has agreed to contribute certain property to the Buffalo Grove Park District or its nominee and to improve such property pursuant to the provi- sions of the Village ' s Ordinance No. 77-72 , all in accordance with Exhibit H. 11 . Manual of Practice . In developing the Property, Developer agrees to comply with all Village Ordinances, as amended from time to time (except as specifically provided herein with regard to any subsequent amendment of the Village ' s -9- Zoning Ordinances ) , including but not limited to the standards set forth in the "Village of Buffalo Grove Engineering Standards" commonly referred to as the "Manual of Practice" which has been made a part hereof as Exhibit D. 12 .. Annexation and Occupancy Fee . The Developer agrees to pay an Annexation and Occupancy Fee of $100 for each dwelling unit for which the Developer receives a building permit in accordance with the provisions of the Village ' s Ordinance No . 73-4 . 13 . Building Permit Fees . Building permit fees may be increased from time to time, provided that any such increase is a general increase consistently applicable to the entire Village and not limited to the Property. 14. Consulting Engineer. In the event a conflict arises between the Developer and Village with regard to compliance by the Developer with any engineering or technical requirement of this Agreement, the Village reserves the right to retain a consultant to assist in the review and inspection of the Developer ' s work in connection with such dispute and to pass along to Developer any and all additional expenses incurred by such use of the consultant if Developer is ultimately found to be in violation of any Village Ordinance in connection with such dispute . 15 . Lot Grading. In order to preserve drainage standards the Village Engineer may disapprove, at the time of the -10- issuance of a building permit for any lot constituting part of the Property, the placement of any structure on such lot. The Developer all be responsible for installing any addi- tional storm sewers and inlets required to eliminate standing water or conditions of excessive sogginess is may, in the opinion of the Village Engineer, be detrimental to the growth or maintenance of lawn grasses . 16 . Performance Guarantee - Public Improvements . In lieu of any bonds or deposits required for public improvements under Village Ordinances and Administrative Order #2 made a part hereof as Exhibit E, the Developer may, at its election, furnish to the Village an irrevocable letter of credit issued by any sound and reputable banking or financial institution authorized to do business in the State of Illinois , or other security acceptable to the Village, in an amount equal to the amount of bonds or deposits required by village Ordinances . said irrevocable letter of credit or other security shall be limited to the amount required for public improvements (including but not limited to sanitary sewers , storm sewers, water mains , storm water retention facilities , streets , curbs, sidewalks , parkways, parkway trees and street lights , park site and bike path system) , in those areas of the Property which have received final plat of subdivision approval by the Village . Any such bonds , deposits , letters of credit or other security shall be reduced in -11- amount from time to time as the public improvements covered by such bonds, deposits, letters of credit or other security are completed. All performance guarantees for public improve- ments and approvals of such performance guarantees shall be in accordance with Exhibit E hereto. 17 . Cooperation. All parties hereto will make every reasonable effort to expedite the subject matters hereof. The parties hereto agree that the successful consummation of this Agreement and the development of the Property in accord- ance with the Preliminary Plan and this Agreement is in the best interests of all parties and requires their continued cooperation. The Developer hereby evidences its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible in carrying out the intent of this Agreement. The Village hereby evidences its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property as contemplated by the provision of this Agreement, to discuss any matters of mutual interest that may arise and its willingness to assist the Developer in carrying out the intent of this Agreement. 18 . Public Lands . A. The parcel designated as the well site on the Preliminary Plan and the three (3 ) parcels designated as -12- parks on the Preliminary Plan (such well site and park parcels being collectively called the "Dedicated Parcels" ) , shall be deeded to the Village at the time of the recording of the plat of subdivision of that portion of the Property containing the Dedicated Parcels . Site improvements to the well site to be constructed by Developer shall include fine grading, seeding and hydroseeding and necessary drainage improvements as determined by the Village Engineer; site improvements to the park parcels to be constructed by Developer shall be consistent with paragraph 11 hereof and Exhibit H hereto and shall be subject to the reasonable approval of the Village engineers . All Dedicated Parcels may be conveyed subject to Developer' s right to perform additional work on these parcels in order to conform with the requirements of this Agreement. If any Dedicated Parcel is dedicated before the site work required by this Agreement is completed, the Developer shall also deliver to the Village, at the time of conveyance, guarantees of the installation of the site improvements required by this Agreement, such guarantees to be in accordance with Exhibit E hereto . The site work on the Dedicated Parcels shall be completed prior to, or in conjunction with, the occupancy of dwelling units adjacent thereto. B. At Developer ' s expense, Developer shall provide the Village with a title insurance policy in the -13- amount of not less than One Thousand Dollars ($1, 000 ) , insuring title to the Dedicated Parcels . Developer will also cause to be prepared and will deliver is of survey of the Dedicated Parcels . Developer warrants that all real estate taxes assessed against the Dedicated Parcels to the date of dedication will be paid by Developer, including all "roll-back" taxes . All dedications shall conform with the requirements of Village Ordinance 77-72 and any subsequent agreements between Developer and the Park District. C . The use of the Dedication Parcels shall be limited to park and recreational use for storm water manage- ment, and for municipal utility purposes . 19 . Model Area. The Village agrees to permit the Developer to construct and operate ' a model area on the Property, consisting of a maximum of eight (8 ) units together with suitable off street parking areas . The Village acknow- ledges that the Developer may provide temporary paved access to such models and that Developer need not install sanitary sewer or water to service the models in order to obtain building permits therefor, and Developer agrees that the temporary paved access will be removed when the units cease to be used as models and Developer shall post a bond or deposit in the amount of $10 , 000 to guarantee such removal . Further, the Developer may utilize models or a residence as a project office for the marketing of the property; provided, -14- however, that such use shall be discontinued when the project contemplated herein has been fully and finally completed. 20 . Master Drainage Design. The Village hereby agrees to approve the master drainage design for Aptakisic Creek (Exhibit L) and will authorize the Developer to immediately begin earthwork on the park and school areas shown thereon. All earthwork shall be performed in accordance with the grades established in Exhibit L. Notwithstanding the prelimi- nary plan, Exhibit "B" , no residential lots will be platted within the fioodway channel which shall not be less than 2001 in width. Before commencing such earthwork, Developer shall post performance bonds with the Village consistent with Exhibit E hereto and subject to Developer ' s rights in paragraph 17 hereof. 21 . Corporate Capacities . The parties acknowledge and agree that the individuals who are members of the group constituting the Corporate Authorities and the officers , agents, shareholders and representatives of Developer are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities . 22 . Landscaped Buffer. A ten foot landscaped buffer shall be provided along Aptakisic Road, subject to approval of the Village Appearance Control Commission and Village or at time of final platting of the phase of the Property adjacent thereto . -15- 23 . Declaration of Covenants and Restrictions . The Declaration of Covenants and Restrictions to be utilized by the Developer shall be submitted in draft form for Village ' s review prior to final platting of the first phase of the Property. Such declaration will prohibit property line fencing but will permit patio fencing and screening, provided such patio fencing and screening conforms to fencing styles approved by the Village and is located no closer than ten ( 10 ) feet to the rear lot line of the lot on which the patio fencing or screening is situated. 24 . Bicycle Paths . A bicycle path system as shown on the Preliminary Plan shall be constructed in accordance to the reasonable specifications of the Village Engineer . Bicycle route signage on such bicycle at shall be provided by the Developer. The Developer shall not be required to provide sidewalks along the boundary of the Property abutting Aptakisic Road, but shall provide a public access easement for all bike paths on final plats of subdivision. 25 . Conflict with Annexation Agreement. Should the terms of this Agreement conflict with the Annexation Agreement or any other prior agreements between the Village and the Developer, the terms contained herein shall prevail . 26 . Appearance Control Commission. Developer agrees to comply with the provisions of Ordinance #72-12 of the Village Zoning Ordinance and further accepts its responsibility -16- under Section 5 . 5(b )-4 of the Village Zoning ordinance to provide a landscaping plan for approval by the Village Appearance Control Commission prior to final It of subdivi- sion approval of the first phase of the Property. 27 . Dwellinqs to Constitute One Family Dwellinqs . The Village agrees that for purposes of the Village Zoning Ordinance, including but not limited to Section 5 .4f of such Zoning Ordinance, the residences to be constructed by the Developer on the Property constitute attached one family dwellings'. 28 . Term. This Agreement will be binding on all parties for a term of five ( 5 ) years from the date of the execution of this Agreement by the Village. 29 . Time is of the Essence . Time is of the essence of this Agreement. 30 . Rights and Remedies . In the event Developer defaults in the performance of its obligations set forth in this Agreement, then, before exercising any of the Village ' s rights or remedies hereunder, the Village (a) shall not be in default in the performance of its obligations hereunder, (b ) shall give written notice of default to Developer, specifying the exact nature of the Developer ' s default and (c ) shall allow Developer one hundred eighty ( 180 ) days to cure such default except that within the last 180 days of the term of this Agreement the Developer shall have only -17- until ten (10 ) days before the termination of this Agreement in which to cure such default. 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 contained. 31 . Separability. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 32 . Successors and Assiqns . The obligations under this Agreement shall be binding upon, and the rights under this Agreement shall inure to the benefit of, the respective successors and assigns of the parties hereto, provided, however, that in the event the Developer ' s obligations hereunder are assumed in writing by a successor to the Developer ' s interest in the Property (and a copy of such assumption is delivered to the Village ) , the Village agrees to look solely to the Developer ' s successor for the perform- ance of the Developer' s obligation hereunder and not to the then current Developer' s predecessor. 33 . Notice. Any notice required pursuant to the provisions of this Agreement shall be in writing and shall be deemed properly sent if sent by United States certified mail , return receipt requested, postage prepaid, to the -18- following addresses and addressees (until notice of change of address or addressee is given) , and shall be deemed received on the second business day following deposit in the United States mail : If to Developer: LSI Residential Communities, Inc. 51 Weaver Street Greenwich Office Park 5 Greenwich, Connecticut 06830 Attention: Mr. Emil Frankel with a copy to: Thomas C. Homburger Sonnenschein Carlin Nath & Rosenthal 8000 Sears Tower Chicago, Illinois 60606 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 34. Exculpation and Guarantee . It is understood that Levitt Land, Inc. (hereinafter referred to as contract vendee ) is the contract vendee of the property and will become the fee owner of the property upon the closing of title pursuant to the contract. LSI Residential Communities , Inc. has signed this agreement as developer because it is the contract vendor, but it is understood and agreed that LSI shall have no personal liability under this agreement. Notwithstanding the foregoing, contract vendee upon its acquisition of title to the property shall be -19- obligated to perform all obligations and duties which have been imposed on LSI Residential Communities, Inc. pursuant to the terms of the agreement and shall succeed to the rights of the developer hereunder. IN WITNESS WHEREOF, the Corporate Authorities and Developer have caused this instrument to be executed by their respective proper officers duly authorized to execute' the same on the day and year first written above . VILLAGE OF BUFFALO GROVE, ATTEST: a municipal corporation of the State of Illinois By By Village Clerk Village Presi ent� ATTEST: LSI RESIDENTIAL COMMUNITIES , INC. By By I-ts President Attest- LEVITT LAND, By By -20-