1998-002 12/31/97
ORDINANCE NO. 98- 2
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Amoco Oil Company
Southwest corner of Lake Cook Road/IL Route 83
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 as
Tract B in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement pertaining to the coordinated
development of Tracts A and B as legally described in Exhibit A hereto pursuant to
the exhibits in said 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:
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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: 6 - Marienthall Reid Rubin Braiman Hendricks Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: January 5 1998 APPROVED: January 5 1998
ATTEST: APPRO
Villa Clerk IDNEY ATHI S, Villag resident
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12/31/97
AMOCO OIL COMPANY
Southwest corner of Lake Cook Road/IL Route 83
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. AgreementL Compliance and Validity . . . . . . . . . . . . . . . . . . . . . . . 4
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . 4
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6. Compliance with Applicable Ordinances . . . . . . . . . . . . . . . . . . . . . 5
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . 7
1 1 . Drainage Provisions, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . 9
13. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15. Building. Landscaping_and Aesthetics Plans . . . . . . . . . . . . . . . . . . 11
16. Declaration of Covenants. Conditions and Restrictions_ . . . . . . . . . . 11
17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18. Enforceability of the Agreement 12
19. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 . Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24. Lotigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
AMOCO OIL COMPANY -
(2.98 Acre Parcel at the Southwest Corner of Lake-Cook Rd & IL Route 83)
Annexation Agreement
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Subject
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Tract 'B' disconnected from Wheeling, annexed to Buffalo Grove
12/31/97
AMOCO OIL COMPANY
Southwest corner of Lake Cook Road/IL Route 83
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 5th day of January, 1998, 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 Trust #1 1 281 1-02 dated October 1 , 1990 and Stamelos Brothers, Ltd.
(hereinafter referred to as "Owners"), and Amoco Oil Company, a Maryland
corporation (hereinafter referred to as "Developer" or "Amoco").
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, Owners are the owners of a certain tract of property (hereinafter
referred to as the "Property") comprising 2.0985 acres legally described and identified
in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and
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part of which real estate is contiguous to the corporate limits of the Village and part
of which real estate is within the Village; and,
WHEREAS, the "Property" consists of Tract A comprising 0.486 acres zoned
in the Residential Estate District in Buffalo Grove (Lake County) and Tract B comprising
1 .6125 acres which has recently been disconnected from the Village of Wheeling
(Cook County), all as described in the Legal Description attached hereto as EXHIBIT
A; and,
WHEREAS, Owner proposes to annex Tract B to the Village of Buffalo Grove;
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 1 .6125
acres to be annexed; and,
WHEREAS, Developer has entered into a lease for the Property with the
Owners, and;
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the B-2 General Retail Business District of the Village Zoning
Ordinance to develop the Property in accordance with and pursuant to a certain
Preliminary Plan (labeled as "Site Plan") prepared by Amoco Oil Company and dated
as last revised December 16, 1997, and also a Preliminary Engineering Plan (labeled
as "Concept Plan," Sheet 1 of 2 dated as last revised December 16, 1997 and
"Existing Contiguous Area," Sheet 2 of 2 dated as last revised February 17, 1997)
prepared by Amoco Oil Company (hereinafter jointly referred to as "Preliminary Plan")
a copy of which Preliminary Plan is attached hereto as EXHIBITS D, E and E-1 and
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incorporated herein, and subject to all other exhibits attached hereto or incorporated
by reference herein. Said development of the Property shall consist of a convenience
store (labeled as "Food Shop" on EXHIBITS D and E) of approximately 2,076 square
feet and gasoline pumpers covered by a canopy as depicted on EXHIBITS D and E.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 its recommendations with respect to
the requested zoning classification of the B-2 General Retail District and variations of
the Village Development Ordinance and Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the annexation of Tract B to the Village and the
zoning and development of the Property 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
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with the provisions of Section 5/1 1-15.1-1 et. seq., of the Illinois Municipal Code
(Chapter 65, Illinois Compiled Statutes 1996) and pursuant to 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 of Tract B has filed
with the Village Clerk of the Village 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 1996) 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 Tract B 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 Tract B is validly annexed to the Village and the Property is validly zoned and
classified in the B-2 General Retail Business District, 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 Tract B to the Village. Said Annexation Ordinance shall be recorded with the
Cook 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, rezoning Tract A of the Property to the B-2 General Retail
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Business District and zoning Tract B of the Property in the B-2 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 the Preliminary Plan (EXHIBITS
D, E and E-1) and other exhibits attached hereto or incorporated by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D, E and E-1) 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 Owners 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.
6. Compliance with Applicable Ordinances_ The Owners and
Developer agree to comply with all ordinances of the Village of Buffalo Grove as
amended from time to time in the development of the Property, provided that all new
ordinances, amendments, rules and regulations relating to zoning, building and
subdivision of land adopted after the date of this Agreement shall not be arbitrarily or
discriminatorily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. Owners and Developer, in the
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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.
Notwithstanding the foregoing, the Village shall not apply new ordinances or
regulations to the Property to the extent that the ordinances or regulations will prevent
development of the Preliminary Plan approved herein.
7. Amendment of Plan. If the Owners or Developer desire to make
changes in 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, in 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 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 Owners or Developer and the Village on any engineering and technical
mutters subject to this Agreement, the Village reserves the right to pass along any and
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all additional expenses incurred by the use of consultants in the review and inspection
of the development from time to time. Owners or Developer shall pay any non-
discriminatory new or additional fees hereinafter charged by the Village to owners and
developers of properties 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 be extent shown on EXHIBITS E and E-1 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 Developer further agrees to pay to the
Village such fees in accordance with the applicable Village Ordinances at the time of
the issuance of the water and sewer permits. The Developer agrees to accept any
increase in water rates and tap on 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, 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
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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. The Developer shall construct on-site and off-site sanitary
sewers necessary to service the Property, in accordance with EXHIBITS E and E-1 .
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 Developer agrees to accept any increase in sewer rates and
tap on fees, provided that such fees and rates are applied consistently to all similar
users in the Village to the extent possible.
B. The Developer shall construct any storm sewers which may be
necessary to service the Property, in accordance with EXHIBITS E and E-1 . 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 and the public stormwater management system. 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.
1 1 . Drainage Provisions. The Developer shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to preserve
drainage standards. The Developer shall install any storm sewers and/or inlets which
are required to eliminate standing water or conditions of excess sogginess which may,
in the opinion of the Village Engineer, be detrimental to the growth and maintenance
of lawn grasses.
12. 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.
13. Right of Way Dedication. The Owners and Developer acknowledge that
it is the intention of the Village and other involved agencies that at some time in the
future improvements to Lake Cook Road and Illinois Route 83 will be made. At the
request of the Village, but no later than upon approval of the first plat of subdivision
of any portion of the Property, Owners and Developer agree to dedicate right-of-way
along Illinois Route 83 as depicted on EXHIBITS D and E attached hereto and made a
part hereof.
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14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held before the
Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties, together
with copies of all 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 as last revised June 7, 1997 by
Suburban Surveying Service, Ltd.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan (labeled as "Site Plan") prepared by Amoco
Oil Company and dated as last revised December 16, 1997
EXHIBIT. E, E-1 Preliminary Engineering Plan (labeled as "Concept Plan,"
Sheet 1 of 2 dated as last revised December 16, 1997 and
"Contiguous Area Plan," Sheet 2 of 2 dated as last revised
February 17, 1997) prepared by Amoco Oil Company
EXHIBIT F Proposed Building Elevations (Drawing No. PE-1) dated as
last revised December 18, 1997 by Kurtz Associates
Architects
EXHIBIT G Building Floor Plan (Drawing No. PF-1) dated as last revised
December 18, 1996 by Kurtz Associates Architects
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EXHIBIT H, H-1 , Landscape Plan (Sheets L-1 , L-2 and L-3) dated February
H-2
23, 1997 by Amoco Oil Company
EXHIBIT I Intergovernmental Cooperation Agreement between the
Village of Buffalo Grove and the Village of Wheeling dated
December 1 , 1997 as approved by Buffalo Grove
Resolution 97-96
15. 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 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.
16. 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 or Developer as defined and provided with 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
11
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 facility and on-site drainage system
depicted on EXHIBITS E and E-1 . The Declaration shall also include the obligation to
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.
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 be
submitted to the Village for review and approval, and shall further provide that the
provisions relative to the foregoing requirements may not be amended without the
prior approval of the Village.
17. 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 Owners 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
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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.
18. Enforceability of the Agreement. This Agreement shall be enforceable in
any court of competent jurisdiction by any of the parties or by an appropriate action
at law or in equity to secure the performance of the covenants herein described. If any
provision of this Agreement is held invalid, such provisions shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any of the provisions
contained herein.
19. 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.
20. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
21 . 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.
22. 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.
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If to Owner:
If to Developer: Amoco Oil Company
200 E. Randolph Drive
Chicago, IL 60601
Attn: Manager, Real Estate Administration
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1 140 Lake Street, Suite 400
Oak Park, IL 60301
23. Default.
In the event Owners or Developer default in performance of their
obligations set forth in this Agreement, then the Village may, upon notice to Owners
or Developer, allow Owner or Developer sixty (60) days to cure the default or provide
evidence to the Village that such default will be cured in a timely manner if it cannot
be cured during said period. If Owners or Developer fail to cure such default or provide
such evidence as provided above, then, with notice to Owners or 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 Residential Estate District. In such event, this
Agreement shall be considered to be the petition of the Owners and Developer to
disconnect such portion of the Property, or at the option of the Village, to rezone such
Property to the Residential Estate District
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24. Litigation.
A. The Owners and Developer, at their cost, shall be responsible for
any litigation which may arise relating to the annexation, zoning and development of
the Property. Owners and Developer shall cooperate with the Village in said litigation
but Owners/Developer's counsel will have principal responsibility for such litigation.
B. The Owners and Developer 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
Owners or Developer.
C. Owners and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a result of
development activities for which the Owners or Developer are responsible.
25. Special Conditions,
A. The following variation to the Village Zoning Ordinance is hereby
granted pursuant to EXHIBITS D and E:
Section 17.44.030.F. - To allow a landscaped setback of
20 feet instead of 21 .3 feet along the right-of-way of Illinois
Route 83.
B. The following variation to the Village Development Ordinance is
are hereby granted pursuant to EXHIBITS D and E:
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Section 16.50.040.C. - To allow side slopes of 3:1 and 1 :1
instead of 4:1 for a stormwater detention facility and to waive the
requirement for underdrains;
C. Building materials, exterior lighting, signs and landscaping depicted
on the Exhibits to this Agreement are not approved, and are
subject to review by the Village Appearance Commission and
approval by the Village Board.
D. Within ninety (90) days of the date of approval of this Agreement,
Owners and Developer shall bring the Property into full compliance
with the Village Floodplain Ordinance, including, but not limited to
the removal of all buoyant materials and other stored materials
which are located in the floodplain.
E. 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.
F. All buildings, structures, vehicles, junk, refuse, debris, litter and
other materials on the Property shall be removed prior to initial
grading for the proposed development.
G. Grading, site preparation work and the removal of trees or other
plant material on the Property shall be in accordance with the tree
preservation plan approved for the Property by the Village.
No work shall be done on the Property until proper permits and
authorization have been issued by the Village.
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H. It is understood and agreed that the Village Liquor Controls
ordinance does not permit the sale of alcoholic beverages at any
premises engaged in or offering the sale of gasoline or other fuel
for motor vehicles.
I. Developer shall pay a fire protection impact fee of $0.75 per gross
square foot of the principal building to be constructed
on the Property. Said fee shall be paid at the time that permits are
issued for water and sewer connections.
J. Owners and Developer acknowledge that the Village of Wheeling
and the Village of Buffalo Grove have entered into an
Intergovernmental Cooperation Agreement which is attached
hereto and made a part hereof as EXHIBIT I. Owners and
Developer hereby agree to be bound to and comply with the
provisions of the Intergovernmental Cooperation Agreement and
the Property shall also be bound by said Agreement.
K. Nothing herein shall be construed to require Amoco to operate its
business in any particular manner or to continue such operation
and use of the Property or to in any manner limit or prohibit
Amoco or the Owners from assigning or terminating its leasehold
interest in the Property, provided the conduct of business on the
Property is in accordance with applicable ordinances of the Village.
L. Amoco agrees to provide the Village with a true and correct copy
of Amoco's application to the Illinois Department of Revenue for
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business operations on the Property and a copy of such other
documentation required by the Illinois Department of Revenue with
regards to reporting sales taxes to the Illinois Department of
Revenue.
M. Amoco also agrees to provide the Village, within thirty (30) days
after the end of the month for which said documentation is filed
with the Illinois Department of Revenue, true and correct copies of
such documentation as required by the Illinois Department of
Revenue concerning Sales Tax matters applicable to Amoco's
business operation on the Property, including without limitation,
ST-1 Sales and Use Tax Return and ST-2 Multiple Site Form.
N. Any subsequent sales tax generations on the Property shall be
subject to and comply with the terms of this Agreement and the
"Intergovernmental Cooperation Agreement between the Village of
Buffalo Grove and the Village of Wheeling," attached hereto as
EXHIBIT I.
O. It is acknowledged that some of the site plans and related
documents concerning development of the Property listed in the
Intergovernmental Cooperation Agreement between the Village of
Buffalo Grove and the Village of Wheeling have been revised and
and are listed as EXHIBITS D through H-2 in this Annexation
Agreement, with revision dates as noted.
18
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�.
IN WITNESS WHEREOF, the Corporate Authorities, Owners and
Developer 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.
VILLAGE OF F R
By
SIDNIfY H. MAT S, P ESIDENT
ATTEST:
By fhci Land Trustee,
This( me frp a + t17e exercise of the
not personally b++t n ,{ ^ f in it as such
power and a�+��o+
T ; ,.,-� r,vo that a>�1�NER: American National Bank and
rustee. It +s r. _ ; �c�-v� ritJ,under- Trust Company of Chicago as
wary nti ,In" , Oil ,;iv part of the
talar :, = ncit�asTrustee Trustee under Trust #11281 1-02
Trust"-,U °E _--dated o e 1 90
r E7�rsona respon-
and not rr r bo a-sorted or en-
..,
sibility i.s v snt of any warranty,
forceabl ,`. ,(j;ertaking or c z
indemn'st•;r, rL rr: : ., ..
i�nt•
�111 Af the Trustee in Ulio
ATTEST:
ByLL
A-M-M-Aft Vft=-------
OFFICIAL SEAL OW to s Brot rs Ltd.
TUTA E ? ERAS
pDTMY IRM�. AT r"KLMM
ATTEST
—�
Byk ,
DEVELOPER: Amoco Oil mpany,
a Maryland cor oration
By ,
ATTEST: M. E. McDernried; a
By Real Estate Administration
R.S. Co��i,vNa
Aa
19
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9 ,o, 8 �p. a UI�'
��
y. � F, ���
� ,
� �
_.
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
20
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. O
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES 9F THE VILLAGE
OF UFFALO GRY Q
THIS DAY OF 19 0.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo G ove, Cook & J.,pke Counties, nois,
this _ day of 19
Village CXerk
By
Deputy Village Clerk