1995-101 u:, w pa dye
:::, r •, �i W q - .A b
AAooauur,. nrytiy "'` � E
�w,tl0/13/95 x ��Y
ORDINANCE NO. 95- lo1
AN ORDINANCE APPROVING A PRE-ANNEXATION AGREEMENT
FOR THE WEINER.JCDI (CONCRETE DOCTOR PROPERTY)
South of Depot Place, east of Abbott Court loop road
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 request to approve an annexation agreement for the property legally
described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the Village of
Buffalo Grove a pre-annexation agreement; and,
WHEREAS,proper and due notice of the public hearing concerning said pre-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 pre-anmexation 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 pre-annexation agreement, a copy of which is attached hereto and made a
part hereof as Exhibit A 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: 5 - Marienthal Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None ABSENT: 0 - None ABSTAIN: l - Reid
PASSED: October 16, 1995 APPROVED: october 16, 1995
ATTEST: AID
Villa Clerk N;� M KH1 AS Village President
EXHIBIT A
WEINER, TCDI
R
.... , 1.• Pre-Annexation Agreement
PANT OF THE NORTHEAST QUARTER OF SECTION 2e, AND TAE
NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS&
COMMENCING AT THE INTERSECTION OF THE SOUTH LIME OF LOT 6 IN BLOCK
L3 OF FRILLMAN PARK, A SUBDIVISION RECORDED DULY 1, 1887 AS
AKE CODUNTTYINB L 359IS IN BOOK *A* OF PLATS, PAGE 63, IN
IL+LINOIS, AND THE EASTERLY RIGHT OF WAY LINE OF
THENCE
ROAD (FORMERLY BUFF GROVE ROAD OR FR
THENCE NORTH 89 DEGREES 24 MINUTES 36 SECONDS EAST ALON;THE)
G SOUTH
FEET LINE OF SAID BLOCK 3, A DISTANCE OF 346.15 FEET RECORD, 344.27
MEASURED (AS
A POINT BEING 15.00 FEET RECORD, 13.38 FEET
(AS MEASURES ALONG SAID SOUTH LINE) WEST OF THE
INTERSECTION OF SAID SOUTH LINE AND A L1'N8 100.
00
AND PARALLEL -PNDCONCENTRIC WITH THE NESTERLY LINE OFTTHE WESTERLY OF
WISCONSIN CENTRAL, LTD. RAILROAD (FORMERLY SOO LINg
RAILROA
POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUINGDNORTHD
89 DEGREES 24HIMMES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID
BLOCK 3, A DISTANCE OF 13.38 FEET TO THE SOUTHEAST CORNER OF
SAID BLOCK 3ALS0 BEING ON SAID PARALLEL AND CONCENTRIC LINE;
THENCE NORTHERLY ALONG BEING THE EASTERLY LINE SAID PARALLEL AND CONCENTRIC LINE ALSO
OF SAID BLOCK 3 AND THE NORTHERLY
EXTENSION THEREOF, BEING A CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 00 DEGREES 36 MINUTES 21 SECONDS, AN ARC DISTANCE
OF119.64 FEET, A RADIUS OF 11315.03 FEET AND BEARING
OF NORTH 21 DEGREES 24 MINUTES 50 SECONDS WEST WITND A CHORH A DISTANCE
OF119.64 FEET TO A POINT OF TANGENCY; THENCE NORTH 21 DEGREES
43MINUTES 00 SECONDS WEST ALONG SAID PARALLEL AND CONCENTRIC
LINE,A DISTANCE OF 84.38 FEET TO A POINT ON THE NORTHERLY LINE
AND THE EASTERLY EXTENSION THEREOF OF DEPOT PLACE AS SHOWN ON THE
PLAT OF AFOREMENTIONED FRILLMAN PARR; THENCE SOUTH 89 DEGREES 47
MINUTES 46 SECONDS EAST ALONG SAID EASTERLY EXTENSION, A DISTANCE
OF 107.79 FEET TO A POINT ON SAID WESTERLY LINE OF RAILROAD,
SAID WESTERLY LINE BEING 43.50 FEET WESTERLY OF AND PARALLEL
AND CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD; THENCE SOUTH
21DEGREES 43 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE,
A DISTANCE OF 44.13 FEET TO A POINT OF CURVATURE; THENCE AROUND
A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 03 DEGREES
04MINUTES 00 SECONDS, AN ARC DISTANCE OF 610.97 FEET, A RADIUS OF
11415.03 FEET nND A CHORD BEARING OF SOUTH 20 DEGREES 11MINUTES
00 SECONDS EAST WITH A DISTANCE OF 610.90 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 18 DEGREES 39 MINUTES OOSECONDS EAST ALONG
SAID WESTERLY LINE, A DISTANCE OF 13.00 FEET TO A POINT; VIENCE
NORTH 71 DEGREES 21 MINUTES 00 SECONDS EAST PERPENDICULAR TO SAID
CENTERLINE OF RAILROAD, A DISTANCE OF 13.50 FEET TO A POINT ON
SAID WESTERLY LINE BEING 30.00FEET WESTERLY OF AND PARALLEL AND
CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD; THENCE SOUTH 18
DEGREES 39 MINUTES OOSECONDS EAST ALONG SAID WESTERLY LINE, A
DISTANCE OF 211.11 FEET TO A POINT; THENCE SOUTH 86 DEGREES 31
MINUTES 50 SECONDS WEST ALONG A LINE BEING 363.93 NORTH OF AND
PARALLEL WITH THE NORTH LINE OF LOT 5 IN ABBOTT BUSINESS CENTER
SUBDIVISION, RECORDED JULY 9, 1991 AS DOCUMENT NUMBER 3038077, A
DISTANCE OF 341.23FEET TO A POINT; THENCE NORTH 01 DEGREES 41
MINUTES 07 SECONDS EAST A DISTANCE OF 653.80 FEET TO THE POINT OF
BEGINNING, IN LAKE COUNTY, ILLINOIS.
EXCEPT
THAT PART OF DEPOT STREET AS DEDICATED BY PLAT OF DEDICATION
RECORDED JUNE 128 1978 AS DOCUMENT NUMBER 1923188, IN LAKE
COUNTY, ILLINOIS.
10/13/95
WEINER, TCDI (The Concrete Doctor)
East of Weiland road, south of Thompson Boulevard
Pre-Annexation Agreement
Table of Contents
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Agreement: Compliance and Validity . . . . . . . . . . . . . . . . . . . 2
3. Enactment of Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4. Enactment of Zoning Ordinance . . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Compliance with Applicable 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. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . . 7
13. Security for Public and Private Site Improvements . . . . . . . . . 7
14. Right of Way Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16. Building, Landscaping and Aesthetics Plans . . . . . . . . . . . . . 9
17. Annexation to the Buffalo Grove Park District . . . . . . . . . . . . 9
18. Facilitation of Development . . . . . . . . . . . . . . . . . . . . . . . . . 9
19. Enforceability of the Agreement . . . . . . . . . . . . . . . . . . . . . 9
20. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21 . Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . 10
22. Corporate Capacities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
24. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
25. Environmental Indemnification . . . . . . . . . . . . . . . . . . . . . . 11
26. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
WEINER TCDI
The Concrete Doctor Inc.
East of Weiland Rd., south of Thompson Blvd.
Annexation Agreement
Location Map
/ APTAKISIC
CTE
B1
/
µp950N CT. N.
R3
36 34 37
THOMPSON 13
LVD
33
R4 8
38
0
R 4* oA8130TT
cTS
ic9�� ti
3 t rt, Veterans
BISH F Park Aptakisic Z�
30 Junior High Ti
� �
Area to be Annexed
10/13/95
WEINER,TCDI (The Concrete Doctor, Inc.)
East of Weiland Road, south of Thompson Boulevard
PRE -ANNEXATION AGREEMENT '
This agreement (hereinafter referred to as the "Agreement") made and entered into
this 16th day of October, 1995, 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 Cole
Taylor Bank as Trustee under Trust Number 77-238, dated June 10, 1977 (hereinafter
referred to as "Owner").
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, Owner is the owner of a certain tract of property (hereinafter referred
to as the "Property") comprising three and seventy four hundredths (3.74) acres legally
described and identified in the Legal Description, which is attached hereto as EXHIBIT A,
and as depicted on EXHIBIT B which exhibits are made a part hereof and which real estate
is contiguous to the corporate limits of the Village; and,
WHEREAS, Owner desires and proposes to develop the Property pursuant to the
provisions and regulations applicable to the Industrial District of the Village Zoning
Ordinance.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
Municipal Code ( Chapter 65, Illinois Compiled Statutes 1994) and as the same may have
been modified by the Village's Home Rule Powers, a proposed Annexation Agreement
1
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 Village Board of the
Village has held a public hearing and made their recommendations with respect to the
requested zoning classification of the Industrial District; 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 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65,
Illinois Compiled Statutes 1994) 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. The Owner will file with the Village
Clerk a proper petition pursuant to and in accordance with provisions of Section 5/7-1-8
of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1994) and as the
same may have been modified by the Village's Home Rule powers, in compliance with the
terms and provisions contained herein, to annex the Property to the Village.
3. Enactment of Ordinances The Corporate Authorities will enact a valid and
binding ordinance approving this annexation Agreement upon execution of said agreement
by the Owner. Upon final execution the Village shall record this Agreement. An ordinance
2
annexing the Property to the Village will be approved at such time as the Owner submits
a valid petition for annexation in compliance with the provisions of this Agreement. Said
Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with
the Plat of Annexation (attached hereto as EXHIBIT B).
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 the Property in the Industrial 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 Property in accordance with a Preliminary Plan if said development
occurs after annexation of the Property.
5. Approval of Plans. It is understood and agreed that Owner shall submit a
Preliminary Plan for any development proposed on the Property after annexation. A
Preliminary Engineering Plan shall be submitted prior to issuance of permits by the Village
for connection to the Village water and sewer systems as contemplated by this agreement.
The Corporate Authorities agree to approve said Preliminary Plans and a Development
Plan (including plats of subdivision) based on final versions of the plans and drawings of
the development of the Property as submitted by the Owner provided that the
Development Plan shall:
(a) conform to the approved Preliminary Plan, 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 Agreement as amended
from time to time.
3
Phasing of the development of the Property, if any, shall be in accordance with
applicable Village ordinances, and shall conform to the phases of the development as
shown on the approved Preliminary Plan.
A full Preliminary Engineering Plan shall not be required for connection of the
existing building on the Property to the Village water and sewer systems, but a plan
acceptable to the Village Engineer shall be provided to verify compliance with State,
County and Village regulations concerning connection to said water and sewer systems.
6. Compliance with Applicable Ordinances Upon annexation of the Property
or portion thereof, the Owner agrees, except as modified herein, 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, 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 Owner 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/or the Corporate Authorities
to consider such changes to the Preliminary Plan. 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 Plan. The Village Manager is hereby
4
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 Owner 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. Owner shall
pay any non-discriminatory new or additional fees hereinafter charged by the Village to
Owner or property within the Village.
9. Water Provision. The Owner shall be permitted and agrees to tap on to the +
Village water system at points recommended by the Village Engineer as depicted on the
Preliminary Engineering Plan. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. The Owner 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 Owner agrees
to 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 its ability and in a non-discriminatory
manner water service to all users on the Property in accordance with the Preliminary Plan.
Watermains serving the Property and those approved as part of the development shall be
5
installed by the Owner 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.
A plan for connection of the existing building on the Property to the Village
water system shall be provided as set forth in Paragraph 5 of this Agreement.
10. Storm and Sanitary Sewer Provisions
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid Owner in obtaining such permits from governmental agencies
having jurisdiction as may be necessary to authorize connection from the proposed
development to the Lake County Department of Public Works for the collection of sewage
and to the Lake County Division of Transportation as may be appropriate. The Owner
shall construct on-site and off-site sanitary sewers as may be necessary to service the
Property, as depicted on the Preliminary Engineering Plan. It is understood, however, 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 Owner 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.
A plan for connection of the existing building on the Property to the
Village sewer system shall be provided as set forth in Paragraph 5 of this Agreement.
B. The Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property, as depicted on the Preliminary
6
Engineering Plan. It is understood, however, 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 that portion of the storm sewer system
which serves public streets, or multiple properties, and the Owner 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.
11. Drainage Provisions. Upon annexation of the Property or portion thereof,
the Owner shall fully comply with any request of the Village Engineer related to the
placement of buildings on lots, to preserve drainage standards. The Owner 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. Payment of Recapture Fees Owed Any amount of recapture required to be
paid by this Property shall be due and payable to the Village at the time of issuance of
permits for water or sanitary sewer service for any portion of the Property.
13. 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 as amended from time to time.
Any 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 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 letter
7
of credit in order to complete, and have formal acceptance of, all improvements secured
by the letter of credit.
14. Right of Way Conveyance
A. The Owner acknowledges that it is the intention of the Village that Thompson Boulevard
will be extended east from Weiland Road and south to Abbott Court to achieve a "loop
road" serving properties in the area, including Owner's Property. Owner agrees
immediately upon the request of the Village, to convey to the Village by warranty deed in
fee simple the parcel depicted on EXHIBIT D as part of said loop road right-of-way. A title
insurance commitment acceptable to the Village, and showing no encumbrances or liens
will be provided to the Village. Owner shall be responsible for removing encumbrances and
liens on the right-of-way parcel. Upon compliance with the foregoing requirements, the
Village will issue a letter to the Owner stating that the conveyance of the right-of-way parcel
is for the benefit of the Village. It is the Village's intention upon receipt of title to the right-of-
way parcel to annex said parcel to the Village.
B. Owner agrees, at the request of the Village, to provide an easement as depicted on
EXHIBIT E for said loop road and utilities.
15. Exhibits. The following EXHIBITS 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 Legal Description of the Property
EXHIBIT B Plat of Survey of the Property
EXHIBIT C Development Improvement Agreement
EXHIBIT D Plat of Annexation for right-of-way parcel for loop road
8
EXHIBIT E Plat of easement for loop road and utilities
16. Building, Landscaping and Aesthetics Plans Upon annexation of the
Property or any portions thereof, Owner 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 if said construction is proposed after annexation. 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.
17. Annexation to the Buffalo Grove Park District The Owner agrees, at the
request of the Buffalo Grove Park District, to annex any part or all of the subject Property
to said Park District.
18. 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 requires their
continued cooperation. The Owner does hereby evidence his intention to fully comply with
all Village requirement, its willingness to discuss any matters of mutual interest that may
arise, and its 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 by the
provisions of this Agreement.
19. 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
9
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.
20. 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.
21. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective grantees, successors, and assigns.
22. 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.
23. 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 Weiner, President
TCDI
16043 Depot Place
Prairie view, IL 60069
Copy to: Sheldon Lustig, Esq.
Lustig and Associates
4711 Golf Road
Skokie, IL 60076
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
10
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
24. Default.
A. In the event Owner defaults, in his performance of his obligations set
forth in this Agreement, then the Village may, upon notice to Owner, allow Owner 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 cured during said during said period. If Owner fails to cure
such default or provide such evidence as provided above, then, with notice to Owner, 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-E District classification. In such event, this Agreement shall be
considered to be the petition of the Owner to disconnect such portion of the Property, or
at the option of the Village, to rezoning such Property to the R-E District classification.
25. Environmental Indemnification . Owner agrees to protect, indemnify, defend,
and hold harmless the Village and its agents and employees (collectively, "Indemnitees")
from and against, and promptly pay to or reimburse the Indemnities for any liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses (including
without limitation, reasonable attorneys' and consultants' fees and expenses) arising out
of, caused by or in any manner whatsoever connected to the presence of any Hazardous
Material on the Property or the release or threatened release of any Hazardous Material
in, to, or from the Property. "Hazardous Material" means any hazardous substance, toxic
substance, hazardous`waste, special waste, petroleum or petroleum-derived substance
or waste, asbestos or any constituent of any such substance or hazardous waste which
is or becomes regulated by any local, state or national governmental authority.
11
It is understood and agreed that the property to be deeded by the Owner to the Village for
the right-of-way of the loop road is not subject to the provisions of this Paragraph.
26. Litigation.
A. The Owner, at his cost, shall be responsible for any litigation which
may arise relating to the annexation, zoning and development of the Property. Owner shall
cooperate with the Village in said litigation but Owner's counsel will have principal
responsibility for such litigation.
B. The Owner shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation relating to the
annexation, zoning and development of the Property or in the enforcement of any of the
terms of this Annexation Agreement upon a default by the Owner. It is understood and
agreed that the property to be deeded by the Owner to the Village for the right-of-way for
the loop road is not subject to the provisions of this Paragraph.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which
the Owner is responsible.
27. Special Conditions.
A. It is understood and agreed that the Village will allow any buildings,
structures and uses on the Property at the time of annexation to continue in
use, provided that said buildings and structures do not have life-safety code
violations determined by the Village to be a serious threat to the public safety
and welfare. Owner agrees to correct life-safety code violations identified
by the Village prior to annexation of any buildings or structures to the Village.
12
It is understood and agreed that the Owner contemplates construction of
buildings and structures, including fencing and signs, prior to annexation
to the Village. The Village will not take action to prevent said construction
prior to annexation provided that uses on the Property are industrial, ware-
house, contractor operations or office, and that construction of buildings,
structures, fences and signs are in compliance with applicable Lake County
ordinances. Signage on the Property shall identify the "name and nature" of
businesses on the Property, and shall not be used for off-site advertising.
It is understood and agreed that any buildings, structures, fences or signs
constructed on the Property after annexation will comply with applicable
Village ordinances.
B. 1. It is understood and agreed that Owner shall be permitted to connect
to the Village water and sewer systems for the development as
described in Paragraph 27.A. prior to annexation of the Property,
subject to entering into a contract with the Village for said service.
Owner agrees to annex the Property (or portion thereof for which a
water or sewer permit has been issued) within twenty-four (24)
months of issuance of the first permit by the Village for said water
and sewer service for any new buildings or the existing building
except as provided in Paragraph 27.13.2.
2. If the existing building on the Property is connected to Village water
or sewer service to alleviate an emergency condition such as well
contamination or septic failure, Owner agrees to annex the Property
(or portion thereof) within forty-two (42) months from the date of
13
issuance of the first permit for said water or sewer service. Owner
shall provide adequate documentation to the Village to verify that an
emergency condition exists. Said documentation may include written
reports from the Lake County Department of Health and reports from
professional consultants and contractors.
3. If the Property is annexed to any other municipality, other than the
Village, or if the Owner fails to annex the Property within the
aforementioned 24 or 48 months, then the Village shall have the right
to terminate any Village water and sewer service to the Property.
4. It is understood and agreed that Owner will comply with applicable
Village ordinances concerning water and sewer service, and any
wells and septic systems on the Property shall be properly sealed and
abandoned in compliance with regulations of the Illinois Department
of Public Health and as approved by the Village.
5. It is understood and agreed that Owner may annex the Property to the
Village and connect to Village utilities in phases, provided that
parcels to be annexed have contiguity to the Village's boundary and
including any adjacent right-of-way pursuant to Illinois statutes.
C. It is understood and agreed that the Owner desires two driveway
connections to the loop road, and the Village agrees to allow said
connections in locations mutually agreed upon by the Owner and the
Village. It is understood and agreed that said driveways must be in locations
that provide adequate safety and visibility for vehicles using the loop road
and entering and exiting the Property.
14
D. It is understood and agreed that any buildings constructed after annexation
of the Property to the Village are subject to payment of a fire protection
impact fee of $0.75 per gross square foot of building area, and said fee is
payable at the time of issuance of a building permit. Said fire impact fee will
not be assessed for buildings constructed on the Property prior to
annexation.
E. It is understood and agreed that this Agreement, including the donation of
the land for the right-of-way of the loop road, is contingent upon Owner
completing the sale of the property known as the Twin Rinks Ice Pavilion
parking parcel to the Ice Associates L.L.C.
F. It is understood and agreed that the Village will not take action to forcibly
annex the Property to the Village for a period of ten years from the date of
this Agreement.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly authorized to execute
the same as of the day and the year first above written.
VILLAG O
B _.
ATTEST:
By _
15
Owner:
COLE TAYLOR BANK AS TRUSTEE UNDER
TRUST NO. 77-238 DATED JUNE 10, 1977
AND NOT �S ALLY
By
sst Vic President
ATTES
By
Sr. and Trust dministrator
,rhis oloreeiment Ns signed by C I IL .6AYI OR IRANK u'a
ot
M ust A�lrr� f I��iK'� �!lf MPI""I'� r M P a f (ly�XT
1 7,9l up{ rrgyo M I n ". Aa "#""� r __p._
ask a .:� 5 1+ w any
Of fled m �i g
6 5
p�i�pp F,4 D t K" .l M ^ R I1 yp V I,r t
p+' �MV �4 �l�l I ' P s N"4Y P f
BrrPF� l rr
x 1 cir 4�r, a fa �11"�
of Wha UO of vfld pirl
ry� r rl tl u�
tN fo 1, Ain z Il 1 ,'! �Of Yo�O� K
is hereby a wpb w o r Y V'Wo hrfa U e;s hereto airld t m
i%"4"s I,.v III
I f q•.:� frY�, +,.dfl"Hd� ad ro flf,�4'°�"rr.
16
EXHIBIT A
WEINER, TCDI
Pre-Annexation Agreement
PART OF THE NORTHEAST QUARTER OF SECTION 28, AND THE
NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 6 IN BLOCK
3 OF FRILLMAN PARK, A SUBDIVISION RECORDED DULY 1, 1887 AS
DOCUMENT NUMBER 35931, IN BOOK "AN OF PLATS, PAGE 61 IN
LAKE COUNTY, ILLINOIS, AND THE EASTERLY RIGHT OF WAY LINE OF
WETLAND ROAD (FORMERLY BUFFALO GROVE ROAD OR FRILLNAN AVENUE) ;
THENCE NORTH 89 DEGREES 24 MINUTES 36 SECONDS EAST ALONG THE SOUTH
LINE OF SAID BLOCK 3, A DISTANCE OF 346.15 FEET RECORD, 344.27
FEET MEASURED TO A POINT BEING 15.00 FEET RECORD, 15.38 FEET
MEASURED (AS MEASURES ALONG SAID SOUTH LINE) WEST OF THE
INTERSECTION OF SAID SOUTH LINE AND A LINE 100.00 FEET WESTERLY OF
AND PARALLEL 1"ID CONCENTRIC WITH THE WESTERLY LINE OF THE
WISCOHSIN CENTRAL, LTD. RAILROAD (FORMERLY SOO LINE RAILROAD) SAID
POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH
89 DEGREES 24MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SAID
BLOCK 3, A DISTANCE OF 15.38 FEET TO THE SOUTHEAST CORNER OF
SAID BLOCK 3ALSO BEING ON SAID PARALLEL AND CONCENTRIC LINE;
THENCE NORTHERLY ALONG SAID PARALLEL AND CONCENTRIC LINE ALSO
BEING THE EASTERLY LINE OF SAID BLOCK 3 AND THE NORTHERLY
EXTENSION THEREOF, BEING A CURVE TO THE LEFT THROUGH A CENTRAL
ANGLE OF 00 DEGREES 36 MINUTES 21 SECONDS, AN ARC DISTANCE
OF119.64 FEET, A RADIUS OF 11315.03 FEET AND A CHORD BEARING
OF NORTH 21 DEGREES 24 MINUTES 50 SECONDS WEST WITH A DISTANCE
OF119.64 FEET TO A POINT OF TANGENCY; THENCE NORTH 21 DEGREES
43MINUTES 00 SECONDS WEST ALONG SAID PARALLEL AND CONCENTRIC
LINE,A DISTANCE OF 84.38 FEET TO A POINT ON THE NORTHERLY LINE
AND THE EASTERLY EXTENSION THEREOF OF DEPOT PLACE AS SHOWN ON THE
PLAT OF AFOREMENTIONED FRILLMAN PARK; THENCE SOUTH 89 DEGREES 47
MINUTES 46 SECONDS EAST ALONG SAID EASTERLY EXTENSION, A DISTANCE
OF 107.79 FEET TO A POINT ON SAID WESTERLY LINE OF RAILROAD,
SAID WESTERLY LINE BEING 43.50 FEET WESTERLY OF AND PARALLEL
AND CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD; THENCE SOUTH
21DEGREES 43 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE,
A DISTANCE OF 44.13 FEET TO A POINT OF CURVATURE; THENCE AROUND
A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 03 DEGREES
04MINUTES 00 SECONDS, AN ARC DISTANCE OF 610.97 FEET, A RADIUS OF
11415.03 FEET nND A CHORD BEARING OF SOUTH 20 DEGREES 11MINUTES
00 SECONDS EAST WITH A DISTANCE OF 610.90 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 18 DEGREES 39 MINUTES OOSECONDS EAST ALONG
SAID WESTERLY LINE, A DISTANCE OF 13.00 FEET TO A POINT; I`IENCE
NORTH 71 DEGREES 21 MINUTES 00 SECONDS EAST PERPENDICULAR TO SAID
CENTERLINE OF RAILROAD, A DISTANCE OF 13.50 FEET TO A POINT ON
SAID WESTERLY LINE BEING 30.00FEET WESTERLY OF AND PARALLEL AND
CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD; THENCE SOUTH 18
DEGREES 39 MINUTES OOSECONDS EAST ALONG SAID WESTERLY LINE, A
DISTANCE OF 211. 11 FEET TO A POINT; THENCE SOUTH 86 DEGREES 31
MINUTES 50 SECONDS WEST ALONG A LINE BEING 363.93 NORTH OF AND
PARALLEL WITH THE NORTH LINE OF LOT 5 IN ABBOTT BUSINESS CENTER
SUBDIVISION, RECORDED JULY 9, 1991 AS DOCUMENT NUMBER 3038077, A
DISTANCE OF 341.23FEET TO A POINT; THENCE NORTH 01 DEGREES 41
MINUTES 07 SECONDS EAST A DISTANCE OF 653.80 FEET TO THE POINT OF
BEGINNING, IN LAKE COUNTY, ILLINOIS.
EXCEPT
THAT PART OF DEPOT STREET AS DEDICATED BY PLAT OF DEDICATION
RECORDED JUNE 12, 1978 AS DOCUMENT NUMBER 1923188, IN LAKE
COUNTY, ILLINOIS.
a
VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS , DAY OF , 194
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & L e Counties, Illi ois,
this day of �, 19�
Village C erk
By �)W�
Deputy Village Clerk