1992-016 1/29/92 ORDINANCE NO. 92- 16
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Winchester Estates Townhomes (Route 83/Bank Lane)
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 notice of the public hearing on said Annexation
Agreement and Zoning has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY .THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1 . The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit 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 _ Marient Braiman Hendricks
hal Reid Kahn
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: Februar 3 1992 APPROVED : February 3 1992
ATTEST: APPROVED :
I
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Villa4,6 Clerk 5IDNEY H. 'fHIAS, Village President
WINCHESTER ESTATES, ROUTE 83/13ANK LANE
ANNEXATION AGREEMIENT
EXHIBIT A
SUBJECT PROPERTY LEGAL DESCRIPTION : Lots 3, 4 and 7 (except that
part of Lot 7 falling in Seigle's Resubdivision recorded July 26, 1989 as
document 2814414 and except the West 21 .00 feet of the North 6.00 feet of
the South 36 feet of Lot 7) in Buffalo Grove Manor, being a subdivision of a
part of the South Half of Section 33 , Township 43 North, Range 11 , East of
the Third Principal Meridian, according to the plat thereof recorded June 21 ,
1950 as document 701006 in Book 32 of plats, page 28, in Lake County,
Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION : The approximately 11 .2-acre
tract at the northeast corner of Illinois Route 83 and Bank Lane.
1/29/92
WINCHESTER ESTATES TOWNHOMES
RED SEAL DEVELOPMENT CORPORATION
Route 83/Bank Lane
ANNEXATION AGREEMENT
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
2. A reement: Compliance and Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .5
8. Building Permit Fees. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . .. . . . . . . . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. PayTent of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
13. SecuritZ for Public and Private Site Improvements. . . . . . . . . . . . . . .8
14. Right,-of-Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
17. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .9
18. Declaration of Covenants, Conditions and Restrictions. . . . . . . . . . 1O
19. Project Models. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .
11
20. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
21. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
22. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23. EnforceabilitZ of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
24. Term of Agreement. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
26. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
28. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .13
29. Litigation. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
30. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .15
WINCHESTER ESTATES TOWNHOMES
Route 83/Bank Lane
Annexation A reement
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1/29/92
WINCHESTER ESTATES TOWNHOMES
RED SEAL DEVELOPMENT CORPORATION
Route 83/Bank Lane
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 3rd day of February, 1992, 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 AMERICAN NATIONAL BANK
AND TRUST COMPANY OF CHICAGO, as Trustee under a Trust Agreement
dated August 21 , 1991 and known as Trust No. 1 14437-02 and not
individually (hereinafter referred to as "Owner") and WINCHESTER BUFFALO
GROVE LIMITED PARTNERSHIP, an Illinois limited partnership (hereinafter
referred to as "Developer") .
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
(hereinafter referred to as the "Property") comprising approximately 11 . 17
acres legally described and identified in the Legal Description, which 'is
attached hereto as EXHIBIT A, which exhibit is made a part hereof and
which real estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including certain street right-of-way
adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a
total area of 11 .51 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions
and regulations of the Village's Zoning Ordinance applicable to R-8
Multiple-Family Dwelling District with a Residential Planned Unit
1
Development, to develop the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by the McClier Company and dated as last
revised January 14, 1992 and a Preliminary Engineering Plan, prepared by
Pearson, Brown and Associates, Inc. and dated as last revised December 31 ,
1991 , (hereinafter jointly referred to as the "Preliminary Plan") a copy of
which Preliminary Plan is attached hereto as EXHIBIT D and a copy of which
Preliminary Engineering Plan is attached hereto as EXHIBIT E and
incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of the Property shall
consist of not more than 63 townhome dwelling units.
WHEREAS, pursuant to the provisions of Section 11 -15. 1 et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) and
as the same may have been modified by the Village's Home Rule powers, a
proposed Annexation Agreement was submitted to the Corporate Authorities
and a public hearing was held thereon pursuant to notice as provided by
Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan
Commission of the Village has held a public hearing and made their
recommendations with respect to the requested zoning classification of toe
R-8 District with a Residential Planned Unit Development; 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:
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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 1989) 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 has filed with
the Village Clerk of the Village a proper petition pursuant to and in
accordance with provisions of Section 7-1-8 of the Illinois Municipal Code
(Chapter 24, Illinois Revised Statutes 1989) and as the same may have been
modified by the Village's Home Rule powers, conditioned on the execution of
this Agreement and the compliance with the terms and provisions contained
herein, to annex the 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-8
District with a Residential Planned Unit Development, all as contemplated in
this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities
within twenty-one (21 ) 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 the 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
3
adopt a proper, valid and binding ordinance, zoning the Property in the R-8
District with a Residential Planned Unit Development 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
the Preliminary Plan (EXHIBITS D and E) and all other exhibits attached
hereto or incorporated by reference herein. The ordinance zoning the
Property in the R-8 District with a Residential Planned Unit Development
shall continue in effect notwithstanding the expiration of this Agreement
pursuant to the terms herein.
5. Approval of Plans. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the
Development Ordinance. The Corporate Authorities agree to approve 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 or Developer 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.
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 Preliminary Plan.
6. Compliance with Applicable Ordinances. The Owner and Developer
agree to comply with all ordinances of the Village of Buffalo Grove as
amended from time to time in the development of the Property, provided that
all new ordinances, amendments, rules and regulations relating to building
and subdivision of land adopted after the date of this Agreement shall not be
4
arbitrarily or discriminatorily applied to the Property but shall be equally
applicable to all property similarly zoned and situated to the extent possible.
Owner and Developer, in the development of the Property, shall comply
with the standards 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 to the
Preliminary Plan, as herein approved, 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 authorized to approve such
minor changes as he deems appropriate, provided that no such change (a)
involves a reduction of the area set aside for common open space; nor (b)
increases by more than two percent (2%) the total ground area covered by
buildings.
8. Buildinci 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 or Developer and the Village on any
engineering and technical matter 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 or developer shall pay any non-discriminatory new or
5
additional fees hereinafter charged by the Village to Owner or Developer or
property within the Village.
9. Water Provision. The Owner or Developer shall be permitted and
agree 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. It is understood, however, that changes to the
Preliminary Engineering Plan may be required at the time of Final
Engineering. The Owner and Developer further agree 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 and Developer
agree 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 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 tie
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 Owner
and Developer and to use their best efforts to aid Owner or 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
6
Illinois Department of Transportation 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. 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 and Developer agree to accept any
increase in sewer rates and tap on fees, provided that such fees and rates
are applied consistently to all similar users in the Village to the extent
possible.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per
EXHIBIT E. 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 and Developer agree 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 . Drainage Provisions. The Owner and 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
7
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, including for roads as set forth in
Ordinance 85-87 and for watermains as set forth in Ordinance 87-30, shall be
due and payable prior to the recording of the first plat of subdivision of
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
(EXHIBIT C) 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 of credit in order
to complete, and have formal acceptance of, all improvements secured by the
letter of credit.
14. Right-of-Way Dedication. At the request of the Village, but no
later than upon approval of the first plat of subdivision, the Owner or
Developer shall dedicate 11 feet of additional right-of-way along the east side
of Illinois Route 83 adjacent to the Property as shown on EXHIBIT E.
15 . Exhibits. The following EXHIBITS, some of which were presented
in testimony given by the Developer or the witnesses during the hearings
held before the Plan Commission and the Corporate Authorities prior to the
execution of this Agreement, are hereby incorporated by reference herein,
8
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
EXHIBIT B Plat of Annexation dated January 14, 1992 by
Gremley and Biederman, Inc.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated January 14, 1992 by the
McClier Company
EXHIBIT E Preliminary Engineering Plan dated December 31 ,
1991 by Pearson, Brown and Associates, Inc.
EXHIBIT F Conceptual Landscaping Plan dated December 31 ,
1991 by the McClier Company
EXHIBIT G Building Elevations and floor plans (4 sheets)
dated November 6, 1991 by the McClier Company
16. Annexation Fee. Developer agrees to pay an annexation fee in the
amount of $400.00 per dwelling unit which shall be payable prorata at
issuance of building permits. This fee, however, shall be paid in full prior
to the expiration of this Agreement.
17. Building, Landscapin 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
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.
It is understood and agreed that fencing along Route 83 shall be
aesthetically attractive, and shall not be constructed as a solid wood fence.
Developer shall design a meandering fence system including landscaping, and
if possible, berming along Route 83. Said fencing, landscaping and berming
is subject to approval by the Village.
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18. Declaration of Covenants, Conditions and Restrictions. The
Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation a
provision whereby the Village shall have the right, but not the obligation, to
enforce covenants or obligations of the Owner, Developer or association
and/or owners of the units of the Property as defined and provided within
the Declaration, and further shall have the right, upon thirty (30) days
prior written notice specifying the nature of a default, to enter upon the
Property and cure such default, or cause the same to be cured at the cost
and expense of the Owner, Developer or association of the Property. The
Village shall also have the right to charge or place a lien upon the .Property
for repayment of such costs and expenses, including reasonable attorneys'
fees in enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants
and obligations to own and maintain the stormwater ponds and drainage
system depicted on EXHIBITS D and E. The Declaration shall also include
the obligation that the association shall provide snow removal for private
driveways and public sidewalks and shall store excess snow in appropriate
off-street locations, and shall not in any way impede the Village's snow
removal operations on public streets.
Any request for a deck in excess of twenty percent of the rear yard
area must receive approval by the Association before any application to the
Village.
The Declaration shall also provide that the Property shall be used and
developed in accordance with Village ordinances, codes and regulations
applicable thereto, including ordinance(s) enacted pursuant to this
Agreement. The Declaration shall further provide that the provisions
10
relative to the foregoing requirements may not be amended without the prior
approval of the Village.
19. Project Models. The Village agrees to permit the Developer to
construct and maintain one (1 ) model area on the Property, consisting of a
maximum of one (1 ) building with suitable off-street parking areas, all
subject to Appearance Commission approval. Such construction shall be in
compliance with the provisions of the Village's Building Code in effect 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. Developer may erect a temporary sales trailer
on the vacant parcel adjoining the Property to the south across Bank Lane
subject to applicable Village codes and regulations.
20. Park District Donations. Owner and Developer agree to comply
with the provisions of Title 19 of the Buffalo Grove Municipal Code as
amended from time to time regarding park donations. Developer agrees to
make cash contributions to the Village for conveyance to the Park District to
fulfill the obligation of the Property concerning park donations. It is
understood and agreed that the per acre land value used to compute said
cash contributions may be increased from time to time, and cash
contributions made at the time of building permit issuance shall be based on
the land value in effect at the time of permit issuance.
21 . School District Donations. Owner and Developer agree to comply
with the provisions of Title 19 of the Buffalo Grove Municipal Code as
amended from time to time regarding school donations. Developer agrees to
make cash contributions to the Village for conveyance to School Districts No.
102 and No. 125 according to the criteria of said Title. It is understood and
11
agreed that the per acre land value used to compute said cash contributions
may be increased from time to time, and cash contributions made at the time
of building permit issuance shall be based on the land value in effect at the
time of permit issuance.
22. 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 understood and agreed that the successful
consummation of this Agreement and the development of the Property is in
the best interests of all the parties and requires their continued cooperation.
The Owner and Developer do hereby evidence their intention to fully comply
with all Village requirements, their willingness to discuss any matters of
mutual interest that may arise, and their willingness to assist the Village to
the fullest extent possible. The Village does hereby evidence its intent to
always cooperate in the resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions
of this Agreement,
23. Enforceability of the A reement. This Agreement shall be
enforceable in any court of competent jurisdiction by any of the parties or
by an appropriate action at law or in equity to secure the performance of
the covenants herein described. If any provision of this Agreement is held
invalid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the provisions contained herein.
24. 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 this
Agreement. This Agreement shall not be assigned without prior written
consent of the Village.
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25. Binding Effect of A reement. This Agreement shall be binding
upon the Property, the parties hereto, and their respective successors and
assigns.
26. 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.
27. 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.
I f to Owner Mr. David Hoffman
or Developer: Red Seal Development Corporation
425 Huehl Road, Building Eighteen
Northbrook, IL 60062
Copy to: Mr. Harold W. Francke, Esq. or
Mr. David L. Reifman, Esq.
Rudnick and Wolfe
203 North LaSalle Street, Suite 1800
Chicago, IL 60601-1293
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
28. Default. A. In the event Owner or 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 curet! in
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a timely manner if it cannot be 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-E 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-E District zoning classification.
B. In addition to sub-paragraph A hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein
which are to be performed and provided for by the Developer and not by
the Owner. The Village agrees that the Owner as such is exculpated from
any personal liability or obligation to perform the commitments and
obligations set forth herein and that the Village will look solely to the
Developer for such performance, except that to the extent that the Owner or
successor thereto shall become a developer or shall designate or contract
with a developer other than Winchester Buffalo Grove Limited Partnership,
then in that case, the Owner or the new designee shall be subject to the
liabilities, commitments and obligations of this Agreement. In the event the
Owner or Developer defaults in his obligations created under this Agreement,
the Village may enforce such obligations against the Property Owner.
29. Litigation
A. The Developer and Owner, at their cost, shall be responsible
for any litigation which may arise relating to the annexation, zoning and
development of the Property. Owner and Developer shall cooperate with the
14
Village in said litigation but Developer's counsel will have principal
responsibility for such litigation.
B. The Owner and Developer shall reimburse the Village for
reasonable attorney's 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 and Developer.
C. Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owner or Developer is responsible.
This indemnity shall terminate upon the issuance by the Village of the final
certificate of occupancy at the completion of the development.
30. Special Conditions.
A. The following variations to the Village's Development
Ordinance are hereby granted as depicted on EXHIBIT E:
Section 16.30.030.F. - to allow sidewalks to be constructed on only
one side of all streets and cul-de-sacs;
Section 16.50.040.C.4 - to allow the retention pond design depicted
on EXHIBIT E instead of the Village's standard design, and to
allow a minimum pond bottom elevation of ten ( 10) feet below
normal water level.
B. The following variations to the Village's Zoning Ordinance are
hereby granted as depicted on EXHIBIT D:
Section 17.40.040.C. - to allow a front yard setback of twenty
(20) feet instead of twenty-five (25) feet, and a corner side yard
of twenty (20) feet instead of twenty five (25) feet as depicted on
EXHIBIT D.
15
C. Developer shall construct an eight-foot wide bikepath from the
northeastern portion of the Property to the public bikepath east of Woodbury
Road when the Village has obtained easements for said bikepath and directs
Developer to construct the bikepath . If the Village does not obtain
easements for the Developer to construct the bikepath in the first
construction year of development of the Property, Developer shall have the
right to make a cash contribution not to exceed $12,000.00 in lieu of
construction of said off-site bikepath.
D. Developer shall provide pavement striping on Illinois Route 83
to designate a left-turn lane for southbound traffic on Route 83 turning
eastbound onto Bank Lane. Said striping shall be completed in the initial
phase of the development and is subject to approval by the Village Engineer.
E. Construction vehicles and equipment shall not enter or leave
the Property via Woodstone Drive through the Woodstone Townhomes during
development of the Property. The Developer shall erect signs prohibiting
construction traffic in locations approved by the Village, and Developer shall
inform all contractors working on development of the Property of the
prohibition of construction traffic through the Woodstone Townhomes.
F. All buildings, structures, vehicles, junk, and debris
occupying the Property prior to the date of this Agreement shall be removed
from the Property prior to initial grading for the development. The soil in
the areas of the Property previously used for the confinement and burial of
livestock, including pigs and sheep, shall be removed to a depth of
twenty-four (24) inches only in the event that such soils are contaminated so
as to constitute a danger to human health or the environment or be a
nuisance to the public. Said soil shall be removed using procedures to
minimize odors and shall be transported from the Property and disposed of in
accordance with State of Illinois regulations. The specific areas of soil
removal and the method of soil removal and disposal is subject to review and
16
reasonable approval by the Village Health Officer, which review shall be
expedited at the request of the Developer, and no removal or disposal shall
occur prior to such review and approval.
G. All water wells and septic sewer facilities on the Property
shall be properly sealed or filled as required by the Illinois Department of
Public Health and as approved by the Village Health Officer.
H . Addresses for dwelling units on the Property shall be
illuminated to be visible and readable during periods of darkness.
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 date and the
year first above written.
VILLA F BU VE
B
11
ATTEST:
Villas Clerk
This instrument is executed by the unde^'gned land Trustee,r t C3 G^ 4y b"e^I;Iv as OWNER
Trustasini!ve,arc:3softha power ard au!::ritrconftmei,; .:.-�;:;,.�;!,;��sscn American National Bank and Trust
Trjs: - ',i s exfeF;S''/ !:�3'_tiCtocY;ui:C': ag4.)Od rh.31 ail
Company of icago
r,IStrE"fS �Zi: .. i. i=i..-,: . .r..:;c�iki:'i)T=r::5'"�c iQ•'.�','Y.".�:W.lie,X'si at
liatv;-y �i i'J3r_•_.^.:I +yr;:�"; ,'::I 1 w 3a3l:f*tA t'y Or if::l; EI :Vy 'Me to d5�:i�at'i or By
enforesaNe apnst the Truxee on eccount rn any.*^amN,;r&m.my,rep esenletion,
covenant,undertafdng or agreement of the Trustee in this
ATTEST:
Sery DEVELOPER
Winchester Buffalo Grove Limited
Partnership
� 1
BY RSD Sluff l r Cor an
Illinois o p X n, its anaging
General P r
A T T
By
Its •
cyt
fair j
17
WINCHESTER ESTATES, ROUTE 83/BANK LANE
ANNEXATION AGREEMENT
EXHIBIT A - The PROPERTY
SUBJECT PROPERTY LEGAL DESCRIPTION : Lots 3, 4 and 7 (except that
part of Lot 7 failing in Seigle's Resubdivision recorded July 26, 1989 as
document 2814414 and except the West 21 .00 feet of the North 6.00 feet of
the South 36 feet of Lot 7) in Buffalo Grove Manor, being a subdivision of a
part of the South Half of Section 33, Township 43 North, Range 11 , East of
the Third Principal Meridian, according to the plat thereof recorded June 21 ,
1950 as document 701006 in Book 32 of plats, page 28, in Lake County,
Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION : The approximately 11 .2-acre
tract at the northeast corner of Illinois Route 83 and Bank Lane.
EXHIBIT A-1
The area to be annexed includes the Property described in Exhibit A and
also the road right-of-way described as follows:
The East Half of Route 83 lying north of the South line of Bank Lane as per
Document No. 2814414 and lying South of the property heretofore annexed
by Ordinance No. 86-57 in Lake County, Illinois.
Said area to be annexed is delineated in Exhibit B (Plat of Annexation dated
January 14, 1992) to this Annexation Agreement.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. -/
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS _DAY OF 19/� :
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & akq Counties, Illinois,
this y day of 19�.
Village Cle
/ p
By
Deputy Village Clerk