1986-014 7
L
857
ORDINANCE NO. 86--..14
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(Seifert Property)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate Authorities
of the Village of Buffalo Grove a petition to annex the property legally
described in Exhibit A 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 notices of public hearings on said Annexation
Agreement and Zoning have been given and public hearings were held; and,
WHEREAS, it is determined to be in the best interests 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 "A" is approved.
SVie.CTION 2. The President and Clerk of the Village are hereby authorized
....................
to execute said Agreement on behalf of the Village of Buffalo Grove.
SECTION 3.11 This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 O'Reilly, Glover, Reid, Shields, Kowalski
NAYES: I dMarienthal
..........
ABSENT: 0 None
PASSED: March 17 1986 APPROVED: March 17 1986
APPROVED:
VER eA L. CLAYTOR, Village P sident
'ATITS Sa.
AA
draft 1/22/86
revised 1/30/86
revised 2/24/86
revised 3/13/86
revised 3/17/86
SEIFERT PROPERTY ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. 2
2. A reement: Com liance and Validit . 3
3. Enactment of Annexation Ordinance. 3
4. Enactment of Zoning Ordinance. 3
5. Approval of Plats. 4
6. Com' liance with, A2plicable, Ordinances. 4
7. Amendment of Plan. 4
8. Building Permit Fees. 5
9. Water Provision. 5.
10. Storm and Sanitary Sewer Provisions. 6
11. Drainage Provisions. 7
12. Developer Recapture of Utility Costs. 7
13. Payment of Recapture Fees Owed. 8
14. Street and Parking Area Provisions. 8
15. Securitz for Public and Private Site Improvements. 8
16. Exhibits. 9
17. Annexation Fee. 9
18. Building, Landsc,apin& and Aesthetics Plans. 9
19. Project Models. 9
20. Ri ht of Way Dedication. 10
21. Park District Donations. 10
22. School District Donations. 10
23. Annexation to the Buffalo Grove Park District. 11
24. Facilitation of Development. 11
25. Enforceabilitz of the Agreement. 11
26. Term of Agreement. 11 ,
27. Bindin Effect of A ,reement. 3 12
=-28. Corporate Capacities- 24.47"S57 12
29. Notices. 12
30. Default. 12
31. S ecial Conditions. 13
draft 1/22/86
revised 1/30/86
revised 2/24/86
revised 3/13/86
revised 3/17/86
SEIFERT PROPERTY
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 17th day of March, 1986, 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 ANDEN CORPORATION, A California Corporation (hereinafter
collectively with its successors and assigns with respect to the Property
hereinafter defined as "Developer") and Chicago Title & Trust Company, not
personally but as Trustee under the provisions of a Trust Agreement dated July
14, 1983 and known as Trust No. .1083854 (herein referred to as "Owner") .
W I T N E S S E T H:
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, Owner is the owner of a certain tract of property comprising
40.024 acres legally described and identified in the Petition for Annexation,
which is attached hereto as EXHIBIT A, which exhibit is made a part hereof
(hereinafter referred to as the "Property") and which real estate is contiguous
to the corporate limits of the Village; and,
WHEREAS, Developer has contracted to purchase the Property from Owner and
Developer desires and proposes pursuant to the provisions and regulations
applicable to the R-4 and B-3 Zoning Districts of the Village Zoning Ordinance to
develop Property in accordance with and pursuant to a certain Preliminary
Development Plan prepared by PRC Engineering and dated as last revised
L/
1 2441-018157
December 12, 1985, and also Preliminary Engineering Plan prepared by PRC
Engineering and dated as last revised December 12, 1985, (hereinafter jointly
referred to as the "Preliminary Development Plan") , a copy of which Preliminary
Development Plan is attached hereto as EXHIBIT D and EXHIBIT E and incorporated
herein, and subject to all other exhibits attached hereto or incorporated by
reference herein.
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) a proposed
Annexation Agreement, in substance and in form substantially the same as this
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 in the manner provided by
law, the Plan Commission of the Village has held such public hearing prescribed
by law and made their recommendations with respect to the requested zoning
classification of R-4 and B-3 Zoning Districts; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of the 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 11-15. 1-1 et. seq. , of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1983) and the Village's Home Rule powers.
The preceding whereas clauses are hereby made a part of this Agreement.
3/17/86 /
S
2. A reement: Com liance and Validity . The Owner has filed with the
Village Clerk of the Village a proper petition (EXHIBIT A hereto) pursuant to and
in accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1983) , conditioned on the execution of
this Agreement, the Developer's acquisition of the Property and the compliance
with the terms and provisions contained herein, to annex Property to the Village.
It is understood and agreed that this Agreement in its entirety, together with
the aforesaid petition for annexation, shall be null, void and of- no force and
effect unless Property is validly annexed to the Village and is validly zoned and
classified in the R-4 and B-3 Zoning Districts, all as contemplated in this
Agreement.
3. Enactment of Annexation Ordinance. Subject to the terms of the
Petition for Annexation, the Corporate Authorities within sixty (60) days of the
execution of this Agreement by the Village will enact a valid and binding
ordinance (hereinafter referred to as the "Annexation Ordinance") annexing
Property to the Village. Said Annexation Ordinance shall be recorded with the
Lake County Recorder's Office along with the Plat of Annexation (attached hereto
as EXHIBIT B) . Recordation shall take place no more than thirty (30) days after
enactment of Annexation Ordinance.
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property in the R-4 and B-3 Zoning
Districts 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 Property in in
accordance with a Preliminary Development Plan prepared by PRC Engineering
and dated December 12, 1985, (EXHIBIT D) , and the Preliminary Engineering Plan
prepared by PRC Engineering and dated December 12, 1985, (EXHIBIT E) .
G
3/17/86
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBIT D and E) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plan of
Development or plats or phases of the development of Property upon submission by
the Developer of complete and proper materials as required for the issuance of
appropriate building and other permits based on final versions of the plans and
drawings of the development of Property as submitted by the Developer provided
that the plat or plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS D and E)
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 Development Improvement Agreement (EXHIBIT C) as
amended from time to time.
6. Compliance with Applicable Ordinances. Except as may be otherwise
contained herein, the Developer agrees 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. Except as may be otherwise contained herein,
the Developer, in the development of the Property, shall comply with the
standards set forth in the Village of Buffalo Grove Development Ordinance as
amended from time to time.
7. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
;changes in the Preliminary Development 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/or the Corporate Authorities
3/17/86 7
41
to consider such changes to this Agreement. 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 Development
Plan. 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 floor area proposed for nonresidential use; nor (c) 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 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. Developer shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village to
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 EXHIBIT E are hereby approved by the Village,
however, it is understood that changes to the Preliminary Engineering Plan 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
ti.
accept any increase in water rates and tap on fees 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
3/17/86
its ability and in a non-discriminatory manner water service to all users on the
Property in accordance with the Preliminary Development Plan. Watermains serving
the 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 of the
Village water system maintained by the Village.
10. Storm and Sanitary 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 Highway Department
as may be appropriate. The Developer shall construct on-site and off-site
sanitary sewers as may be necessary to service the Property, as per EXHIBIT E,
however, it is understood that changes to the Preliminary Engineering Plan 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 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. Offsite
work on the municipal owned site for sanitary sewer in the Commons Subdivision,
is hereby approved pursuant to the Engineering Plan.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT E,
however, it- is understood that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. Upon installation and acceptance by
3/17/86
244'r 857
... •
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 streets, or multiple properties, and the
Developer agrees to operate and maintain that portion of the storm sewer system
located on the subject Property and not dedicated, and shall record a covenant to
that effect within thirty (30) days of the recording of the Plat of Subdivision.
11. Draina a 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.
12. Developer Recapture of Utility Costs. It is further understood and
agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be
constructed and installed by the Developer to serve the proposed development on
the Property (hereinafter referred to as "Developer's Improvements") may be
required by the Village to be so located and/or oversized as to benefit vacant
neighboring properties not owned by the Developer, thus making such utility
service available thereto. The Corporate Authorities agree to adopt an ordinance
and take such other action as may be necessary to permit the Developer to
recapture from such vacant 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 Developer's 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
3/17/86 9 +", (U
7
to the off-site utilities connection points. The Village agrees to cooperate
with the Developer in effectuating recapture from future developers as
appropriate. It is understood that recapture will be provided for a portion of
the 16 inch watermain on Checker Road from Parcels 2 and 3 as identified on
EXHIBIT G. It is further understood that the cost of oversizing the on-site
sewer from 8" to 10" is recapturable from Parcel 1 as identified in EXHIBIT G.
The Village shall be entitled to a five percent (5%) fee from any amounts
hereby recaptured as and for its collection efforts.
13. 'PayMent of Recapture Fees Owed. Any amount of recapture required to be
paid by this Property shall be due and payable upon final platting this
development.
14. Street and Parkin Area Provisions. The Developer agrees that all
streets, parking and other areas are to be constructed in accordance with Village
standards as set forth in the Development Ordinance as amended from time to time,
unless otherwise provided herein.
15. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT C) as
amended from time to time. Any bond or letter of credit 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 bond or letter of credit,
either by its own terms or 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 bond or letter of credit in order to complete, and
have formal acceptance of, all improvements secured by the bond or letter of
credit. The amount of the bond or letter of credit may be reduced by
expenditures made by the Developer at the sole discretion of the Village.
it
3/17/86 �4�08 Jr►
R
16. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing 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 EXHIBITS, shall be kept on file with the Village
Clerk and be available for inspection to the parties hereto.
EXHIBIT A Petition for Annexation of Property
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Development Plan
EXHIBIT E-1,E-2,E-3 Preliminary Engineering Plan
EXHIBIT F Typical Cross-Section thru Residential
to Commercial Center
EXHIBIT G Recapture Parcels
17. Annexation Fee. Developer agrees to pay an annexation fee in an amount
equal to $200 per dwelling unit and $600 per commercial acre which fee shall be
payable prorata at issuance of building permits. However, this fee 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. Lighting
and signage shall be compatible with surrounding areas. Phases not under
construction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager. Exterior lighting shall not exceed thirty
(30) feet in height with recessed bulbs. The residential building elevations
shall conform to the elevations as approved by the Appearance Commission.
1. 19. Project Models. The Village agrees to permit the Owner to construct
and maintain one model area on the Property, together with suitable off-street
parking areas, all subject to Appearance Commission approval. Such construction
r 1/
3/17/86 24:478,57
9
shall be in compliance with the provisions of the Village's Building Code in
existence at the time of building permit issuance. Further, the Developer may
utilize models only as a project office for the marketing of portions of the
Property. Such use shall be discontinued when the project contemplated herein
has been fully and finally completed. A temporary sales trailer shall be allowed
on the site prior to approval of the final development plan subject to approval
by the Appearance Commission. The Village shall allow a temporary driveway
connection to Buffalo Grove Road in order to provide access to the model area.
Said temporary driveway is subject to receiving a permit from the Lake County
Highway Department.
20. Right of Way Dedication. The Developer acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Buffalo Grove Road and Checker Road will be widened. At the request of
the Village, but no later than upon approval of the Final Plat of Subdivision,
the Developer agrees to dedicate such additional right-of-way along Buffalo Grove
Road and Checker Road as may be required to permit the widening of Buffalo Grove
Road to 51 feet from the center line and Checker Road to 38 feet from the center
line.
21. 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 that it will make
contributions of cash to the Village for conveyance to the Buffalo Grove Park
District according to the criteria of said Title. It is understood that no cash
contribution shall be required for Passive Credit due to land credit given for
the on-site lake.
22. 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 that it will make /3
3/17/86 244F,Vf 0►-�
in
either ESR Corporation, a California Corporation, or Miden Corporation, a
California Corporation.
27. Binding Effect of Agreement. This Agreement shall be binding upon and
enure to the benefit of the parties hereto, their respective successors and
assigns.
28. Corporate Capacities. The parties acknowledge and agree that the
individuals that are member 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.
29. 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 Owner: Edward Bieszczad
ANDEN CORPORATION
2401 W. Hassell Road
Suite 1565
Hoffman Estates, IL 60195
Copy to: Harold Francke
RUDNICK & WOLFE
30 N. LaSalle Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
30. Default. In the event Developer defaults, in his performance- of his
obligations set forth in this Agreement, then the Village, may, upon notice to
Developer allow Developer sixty (60) days to cure default or provide evidence to
the Village that such default will be cured in a timely manner if it cannot be
3/17/86 /
12 �48J
cured during said period. If Developer fails to cure such default or provide
such evidence as provided above, then, with notice to Developer, the Village may
begin proceedings to disconnect from the Village any portion of the Property upon
which development has not been completed or at the option of the Village, to
rezone such Property to the R-1 District zoning classification. In such event,
this Agreement shall be considered to be the petition of the Developer to
disconnect such portion of the Property, or at the option of the Village to
rezone such Property to the R-1 District zoning classification.
31. Special Conditions.
A. The following variations are hereby granted:
Zoning Ordinance
1. Section 17.40.020.B. - This allows a 5 foot rear yard setback
variation on the 10 lots noted on Exhibit D.
Development Ordinance
1. Section 16.30.050.A.4. - This allows a cul-de-sac length in
excess of 500 feet.
2. Section 16.50.070.D.2. - This allows a 50 foot R.O.W. on the
stub street connecting to the Commons Subdivision and a R.O.W.
dedication on Checker Road of 38 feet from the center line. It
also provides for no pavement widening on Checker Road.
3. Section 16.50.030.A. - This allows a variation providing for
no storm sewer in Checker Road.
4. Section 16.50.040.C.4. - This allows the use of "Enkamat" as
a shoreline protection on the retention pond. The Developer shall
bond for the shoreline protection standards as required by
Ordinance. The Village reserves the right to require the boulder
shoreline in the event that the Enkamat is not installed
satisfactorily within one (1) year of plat approval of Phase I.
3/17/86 G
5. Section 16.50.070.E. - This allows no curb and gutter on
Checker Road.
Flood Plain Ordinance
1. Section 18.12. 100.A.5. - This allows work within the floodway
of Farrington Ditch.
B. The following uses shall be considered as Special Uses rather than
Permitted Uses on the B-3 parcel:
1. Restaurants
2. Taverns
3. Liquor Stores
4. Tobacco Shops
5. Food Stores
C. The Developer shall petition for a change in the elementary school
district boundaries in order that the entire parcel may be within
the limits of School District #96.
D. The development of the B-3 parcel shall conform to the buffering,
setbacks and height limitations as depicted in Exhibit F. The
berm shown on Exhibit F shall be installed in conjunction with the
single family development with the exception of the trees which
will be installed at the time of development of the B-3 parcel.
E. No development may occur on the B-3 parcel prior to Village
approval of a Preliminary Plan except for stubbing in utilities.
F. The Developer shall perform the necessary grading, drainage
structure and public utility closure adjustments on the adjacent
Commons Subdivision so that they will exist at an elevation of
679.0 feet or greater. The Village shall use its best efforts to
assist the Developer in obtaining permission to enter onto the
adjacent Commons- private property to perform said adjustments.
3/17/86 244`1 8 },�'
G. The Village shall enact a recapture ordinance to provide
recoupment to the Developer of the money paid for the sanitary
sewer on behalf of the west thirty (30) acres of the Seifert
Property pursuant to Ordinance No. 83-51.
H. The Developer shall be responsible for the construction of all
street improvements on the unimproved connecting right of way in
the Commons Subdivision.
I. All sidewalks, including those adjacent to the commercial
property, shall be constructed in conjunction with the residential
development in Phase I.
J. The Developer agrees that the Farrington Ditch storm sewer
proposed on the Village's golf course shall begin after December 1
and shall be completed in all respects, except resodding, prior to
March 1. Fine grading and sodding shall be completed within
fifteen (15) days after sod becomes available in the spring. The
limits of the approved construction easement shall at all times be
properly fenced and under no circumstances shall construction
equipment or materials be placed outside this easement area. The
easement granted shall begin outside the dripline of the trees
along the Farrington Ditch and shall extend twenty-five (25) feet
beyond the proposed storm sewer, except as may be modified by the
Village Engineer. Three hundred dollars ($300.00) a day, not as a
penalty, but as liguidated damages, shall be assessed for each day
the work remains uncompleted. ,
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244 857
15
K. It is hereby agreed that ownership of the storm water retention
lake depicted on the Preliminary Development Plan (EXHIBITS D 6 E)
will be assumed by the Village. Said lake shall be conveyed
pursuant to Village requirements. It is further agreed that the
area outside of the lake but under Village ownership shall be
planted with maintenance-free landscape material as approved by
the Village.
IN WITNESS WHEREOF, the Corporate Authorities, Owner 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.
VILLAG BUFFALO GROV
VE A L. CLAYTON, Village Pre ent
ATTEST'-. ,r �
VILUM CLERK,,�,��y b
OWNER: C C O TITLE & TRUST C not
� ru J itpe sonally b as Trustee as aforesaid
"Of ' By:
r " Its: -
rr CX
TTETr a
f By.
Its: w:a
bra r;a 3' r „ DEVELOPER
ANDEN ION
ATTES BY•
d and I e zad
mes A. ovetz TITLE: Vice President
TITLE: Assistant Secretary
it Is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, Indemnities, representations,covenants, undertakings and agreements herein made on the part
of the Trustee while In form purportingfto the warranties,indemnities,representations, covenants, undertakings and agreements
of sold Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,
nepresentatlons,covenants,undertakings and agreements by the Truster or for the purpose or with the intention of binding sold
3/17/86 Trustee personally but are made and Intended for the purpose of Girding only that portion of the trust property specifically
described herein,and this Instrument is executed and delivered by said Trustee not in its own right,but solely in the exercise of
the powers conferred upon It as such Trustee; and that no personal Ii:t-il-ty or personal responsibility is assumed by nor shall at
any time be asserted or enforceable against the Chicago Title and Trust Company or any of the beneficiaries under sold Trust
Agreement,on account of this JI&ument or on account of any warranty, indemnity, representation, covenant, undertaking or
agreement of the sold Trustee In this instrument contained, either expressed or Implied, all such personal liability, It any,
heing expressly waived and released.
0ILA" t'1
reC E R
LIKE C�MN [Y. ILLI`!OI
1986 JUN -? rM 4: 05
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. 8,4/1 -/ adopted on the //I-ra day of
, 19 , 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 o3d day of ,
19
Vitlage Clerk
,-,
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