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2007-045 I l IIIIIIII `}I l 2„ + ' �IIIIIIII�IIIIIII�I�I�IIIIIIIIIIIIIIIIIVY NIII IINIIIIIIIIIIIIIIIIIII�I�IIIII�I Image# 042161800035 Type: OR Recorded: 09/18/2007 at 11:08:24 AM Receiptp: 2007-00044551 Total Amt: $60.00 Pape 1 of 35 IL Rental Housing Fund: $0.00 7/12/2007 Lake County IL Recorder Mary Ellen VanderOer Recorder File624320ve ORDINANCE NO. 2007-4-5 AN ORDINANCE APPROVING AN ANNEXATION AND DEVELOPMENT AGRhEMENT FOR Aptakisic Creek Corporate Park South side of Aptakisic Road,north and west of the Leider Greenhouses WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970;and, WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation and Development Agreement for the property legally described in Exhibit A-1 of said Agreement; and, WHEREAS,the property legally described in Exhibit A-1 of said Agreement consists of the "Incorporated Parcel" legally described in Exhibit A-2 , and the "Unincorporated Parcel' legally described in Exhibit A-3 of said Agreement, 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-3 hereto; and, WHEREAS,proper and due notice of the public hearing concerning said Annexation and Development Agreement and zoning have been given and the 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 and Development 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 and Development Agreement,a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. The foregoing Whereas clauses are incorporated herein. f Y I " 2 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. APES: 5 - Braiman, Glover, Kahn, Tr;17in.-Rubin NAYS: 0 - None ABSENT: 1 -.Berman PASSED: Jul 16 APPROVED: July 16 ATTEST: APPROVED: Vi6getlerk ELLIOTT HARTSTEIN,Village President This document was prepared by: Robert E. Pfeil,Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A 7/16/07A ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road,North and West of the Leider Greenhouses This annexation and development agreement (hereinafter referred to as the "Agreement") made and entered into this 16th day of July, 2007, 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 Peerless of America, Incorporated, an Illinois corporation, and Chicago Title Land Trust Company, not individually but as successor to American National Bank and Trust Company,as Trustee under Trust Agreement dated April 27, 1998 and known as Trust Number 124048-02(hereinafter collectively referred to as"Peerless of America")and Peerless Bridge,LLC an Illinois limited liability company (hereinafter referred to as "Developer" or"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, Peerless of America is the contract seller of a certain tract of property (hereinafter referred to as the"Property")comprising approximately 28.8 acres legally described and identified in the Legal Description, attached hereto as Exhibit A-1 and made a part hereof. The Property is comprised of the following two parcels: (i) the approximately 9.8-acre parcel legally described and identified in the Legal Description attached hereto as Exhibit A-2 and made a part hereof(the"Incorporated Parcel"),which parcel is within the corporate limits of the Village,and(ii) the approximately 19-acre parcel legally described and identified in the Legal Description attached r � 2 hereto as Exhibit A-3 (the "Unincorporated Parcel") and made a part hereof, which parcel is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total area of 18.942 acres to be annexed; and, WHEREAS, Peerless of America and Developer desire and propose pursuant to the provisions and regulations applicable to the Industrial District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Cornerstone Architects Ltd. and dated as last revised June 6,2007,and also a certain Preliminary Engineering Plan prepared by Manhard Consulting, Ltd. and dated as last revised June 26, 2007, (hereinafter jointly referred to as "Preliminary Plan")a copy of which Preliminary Plan is attached hereto as Exhibits D and E and incorporated herein,and subject to all other exhibits attached hereto or incorporated by reference herein and the terms hereof. Said development of the Property shall consist of the construction of two new buildings (Facility#1 [approximately 188,215 square feet] and Facility# 2 [approximately 146,850 square feet]) and related site improvements, and the renovation and re-use of the existing Peerless of America building at 15823 W. Aptakisic Road; and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the Village's Home Rule powers,a proposed Annexation and Development 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 J 7 1 3 has held a public hearing and made its recommendations with respect to the requested zoning classification in the Industrial 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 Unincorporated Parcel(legally described in Exhibit A-3)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 with the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.)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. Peerless of America and Developer have filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions of Section 5n-1-8 of the Illinois Municipal Code(65 ILCS 5n-1-8)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 Unincorporated Parcel 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 the 4 Developer,within 60 days of the Village's adoption of the Ordinance approving this Annexation and Development Agreement,delivers written notice to the Village that the Developer has acquired the Property (the "Closing Notice"). The foregoing 60-day period may be mutually extended by the Village and Developer without a written amendment to this Agreement. Except as set forth in Paragraph 25 hereof,no portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities,within twenty-one (21) days of receiving the Closing Notice, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Unincorporated Parcel to the Village. Said Annexation Ordinance shall be recorded at the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as Exhibit B). 4. Enactment of Zoning Ordinance. At the time of passage of the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Unincorporated Parcel of 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 (subject, however,to Section 6 hereof). Said zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan (Exhibits D and E), the other exhibits attached hereto or incorporated by reference herein,and the approved Development Plan. 5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (Exhibits D and E)pursuant to the provisions of the Development Ordinance for the Property. 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 5 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; and d) provide for and show each of the following:(i)the two-tiered wall for the east stormwater detention basin;(ii)a curbed median within the north-south access drive so that the right-in driveway to the west building is workable; and (iii)the correct sizes and locations of the proposed off-site sanitary sewer. 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 zoning,building and subdivision of land adopted after the date ofthis 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. 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. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Developer desires to make changes to the Preliminary Plan,as herein approved,the parties agree that such changes to 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 6 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 to the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes: involves a reduction of the area set aside for common open space; or increases by more than two percent(2%)the floor area proposed for nonresidential use;or 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 or Developer and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner 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 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 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 G. 7 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 SaniIM Sewer Provisions. a) The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Owner/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 Department of Public Works for the collection of sewage and to the Lake County Division 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, in accordance with 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 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. 8 The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with Exhibit E. It is understood, however,that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. 11. 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. Developer Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer to be constructed and installed by the Developer to serve the proposed development on the Property(hereinafter referred to as"Owner's Improvements")may be required by the Village to be so located and/or over-sized as to benefit neighboring properties not owned by the Developer,thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance to permit the Developer to recapture from such neighboring property owners as may be benefited by the Owner's Improvements, that portion of the actual costs of over-sizing the construction and installation of Owner's Improvements for said over-sizing and location, in such proportionate amounts from such neighboring property owners as may be so benefited as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Developer agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Owner/Developer in effectuating recapture from future developers and property owners as appropriate.The Village shall be entitled to a five percent(5%)fee from any amounts recaptured as 9 and for its collection efforts. 13. Pavmeut of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable to the Village upon final platting of the first plat of subdivision of any portion of the Property. 14. 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. 15. Right of Way Dedication. The Owner and Developer acknowledge that the lake County Division of Transportation requires a dedication of 20 feet along Aptakisic Road as depicted on Exhibit E hereto.At the request of the Village,but no lacer than upon approval of the first plat of subdivision of any portion of the Property, Owner and Developer agree to dedicate the property required to achieve said dedication. 16. 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. t 10 EXI=IIBIT A-1 Legal Description("Property") EXHIBIT A-2 Legal Description("Incorporated Parcel") EXHIBIT A-3 Legal Description("Unincorporated Parcel") EXHIBIT B Plat of Annexation dated as last revised April 18, 2007 by Manhard Consulting,Ltd. EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan (site plan) dated as last revised June 6, 2007 by Cornerstone Architects, Ltd. (Exhibit does not include a curbed median within the access drive regulating turning movements at the right-in driveway to proposed Building#L Said median is required by the Village on final plans.) EXHIBIT E Preliminary Engineering Plan dated as last revised June 26,2007 by Manhard Consulting,Ltd. (Exhibit does not depict a two-tiered wall for the east stormwater detention basin, does not include a curbed median within the access drive regulating turning movements at the right-in driveway to proposed Building 0, and does not depict the correct sizes and locations of the proposed of-site sanitary sewer. Said items are required by the Village on final plans.) EXHIBIT F Preliminary Landscape Plan dated as last revised June 25, 2007 by Allen L. Kracower&Associates EXHIBIT G Site photometric plan dated as last revised June 26,2007 by ABCG Electrical Construction and Design LLC EXHIBIT H Architectural Rendering by Cornerstone Architect,Ltd. EXHIBIT I Exterior building elevations by Cornerstone Architect,Ltd. 17. Building Landscaping and Aesthetics Plans. Developer will submit exterior building elevations and landscaping plans (which elevations and landscaping plans shall conform to the appearance package for the Property recommended by the Village Appearance Review Team and Village Plan Commission) for final approval by the Village before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas as approved by the 11 Village.Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 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 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 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 Exhibit 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. 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. 12 The Declaration shall also provide that the Village may enforce its ordinances,including but not by way of limitation traffic ordinances,on the Property,including private property and common areas. 19. Annexation to the Buffalo Grove Park District. The Owner and Developer agree,at the request of the Buffalo Grove Park District, to annex all of the subject Property to said Park District. Said annexation shall be completed within sixty days(60)days of the request of the Park District. 20. 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 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 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. •21. 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 provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 13 22. Term of Agreement. This Agreement is binding upon the Property,the parties hereto and their respective grantees,successors and assigns 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. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto, without the consent of the owners of other portions of the Property. 23. 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. 24. Notices. Any notice required pursuant to the provisions ofthis 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 Developer: Bridge Peerless,LLC 233 South Wacker Drive, Suite 375 Chicago, IL 60606 Copy to: Danielle Meltzer Cassel,Esq. DLA Piper US LLP 203 North LaSalle Street, Suite 1900 Chicago,IL 60601 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Copy to: William G. Raysa,Esq. Raysa&Zimmermann,LLC. 22 S. Washington Ave Park Ridge, II.60068 14 If to Owner: Frederick Paulman Peerless of America,Incorporated 1201 West Wabash Effingham, IL 62401 Copy to: Eric H. Jostock Jostock&Jostock,P.C. One East Wacker Drive Suite 2520 Chicago,IL 60601 25. Default. a) In the event Owner or Developer default in performance of their obligations set forth in this Agreement,then the Village may,upon notice to Owner or Developer,allow Owner or Developer sixty(60)days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner or Developer fail to cure such default or provide such evidence as provided above, then, with notice to Owner or Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have 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 Owner or Developer to disconnect such portion of the Property,or at the option of the Village,to rezone such Property to the Residential Estate District 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 by the Developer not by Peerless of America. The Village agrees that Peerless of America 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 or Owner for such performance, 15 except that to the extent that Peerless of America or successor thereto shall become a developer or shall designate or contract with a developer other than Peerless Bridge,LLC. In that case,Peerless of America or the new designee shall be subject to the liabilities,commitments and obligations of this Agreement. In the event the Developer defaults in its obligations created under this Agreement, the Village may enforce such obligations against the owner of the Property and not against Peerless of America. 26. Liti ag_tion. a) The Owner and Developer,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 Village in said litigation but Owner/Developer's counsel will have principal responsibility for such litigation. b) The Owner 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 and Development Agreement upon a default by the Owner or 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. 27. Special Conditions. a) The following variation of the Village Zoning Ordinance is hereby granted: Sectipn 17.48.020.F.5.a — To allow a thirty-foot (30) landscaped setback, including a 10-foot wide public bike path,from the future Aptakisic Road right-of-way,instead of 16 fifty-feet. The proposed Preliminary Plan provides a dedication of twenty(20)feet of right-of-way along the south side of Aptakisic Road as required by the Lake County Department of Department of Transportation. b) The following variations of the Village Development Ordinance are hereby granted: Section 16.50.040.C.4 (Stormwater Detention Facilities)—To allow wetland bottom detention basins with:(i)native wetland plantings,(ii)water that is approximately six inches deep,with deeper sections at the locations of inlet and outlet pipes for the pond; (iii)side slopes of 4:1 between the Normal Water Level("NWL") and the High Water Level("HWL"); (iv)retaining walls, between the NWL and the HWL to accommodate the required detention amounts; and (v) decorative safety fences around the entire perimeter to prevent pedestrian access; Section 16.50.040.D—To allow the truck docks associated with Facility#2 to be one foot below the high water line of Detention Basin B,instead of one foot above the high water line. Ponding will occur in the 100-year storm event and only affect the wheel well area of the trailers. c) It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. From the adoption of the ordinance approving this Agreement,any transfer of the Property shall be subject to the payment of such real estate transfer tax or an equivalent cash payment to the Village,notwithstanding that the Property is not annexed to the Village and provided that the transaction between Peerless of America and the Developer consummates. Said payment shall be due prior to the approval of the first plat of subdivision for any portion of the Property. 17 d) It is understood and agreed that upon annexation the Village will issue new street address(es) for building(s) on the Property to ensure proper identification for provision of services,and Owner shall use said Village address(es) in place of current address(es)assigned by Lake County.Owner is also required to contact the Buffalo Grove Post Office and submit a change of address(es)requesting use of the address(es) as assigned by the Village. e) It is understood and agreed that Peerless of America and Developer intend to record this Agreement in conjunction with Developer's acquisition of the Property from Peerless of America and to cause such recordation to occur immediately prior to the deed by which such conveyance will be consummated. Peerless of America, Owner and Developer each represent and warrant that at the time this Agreement is recorded, there shall be no mortgages, liens or other security interests affecting title to the Property or any part thereof. f) Owner and Developer shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Long Grove Rural Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act(70 ILCS 705/20). Said deposit,as determined by the Village,shall be made by the Owner and Developer within sixty(60)days of the date of annexation of the Unincorporated Parcel. g) Traffic Enforcement Agreement — The Owner shall, at the request of the Village, enter into an agreement for the enforcement of Village traffic ordinances and other ordinances on the Subject Property. h) Following Developer's receipt of necessary approvals from the Lake County Department of Transportation("LCDOT"),Developer shall install a traffic signal on Aptakisic Road at the intersection with the private road serving the Property ("Aptakisic Road Traffic Signal") 18 within one year of the date of the approval of the first plat of subdivision for any portion of the Property, subject to such time extension as the Village Engineer may approve in his discretion. Developer shall pay for the cost of said installation.Following installation,Developer shall promptly reimburse the Village for those costs of the repair, replacement, upgrading, modernization, maintenance and energy for said signal imposed upon the Village by LCDOT,and Developer shall execute an agreement with the Village concerning payment of said costs. i) The Corporate Authorities agree to adopt an ordinance to permit the Developer to recapture from the following properties ("Benefited Properties"),that portion of the actual costs of construction and installation of the Aptakisic Road Traffic Signal which provides a benefit to the Benefited Properties. The Village shall determine the appropriate share of said costs for the respective Benefited Properties consistent with the Village's standard practices for such determinations. The Benefited Properties are:(a)the property currently occupied by the Laidlaw Bus Company and identified by Lake County Property Index Number (PIN) 15-27-100-034, (b) the property currently owned by Terico, Inc. and identified by Lake County Property Index Number (PIN) and(c)the property currently owned by Asbury Corporation and identified by Lake County Property Index Number(PIN) 15-27-100-018. Recapture from the Laidlaw Parcel and the Terico Parcel shall only be due and owing upon annexation of said Parcel(s)to the Village. Recapture from the Asbury Parcel shall only be due and owing upon a redevelopment of said Parcel with uses that create a substantial increase in traffic impact compared to the current uses,all as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its 19 passage. The Village shall be entitled to a five percent(5)fee from any amounts recaptured as and for its collection efforts. j) The following provisions shall apply to the recapture of Developer's costs as set forth in Paragraphs 12.and 27.i) of this Agreement. The Owner and Developer shall indemnify,defend and save harmless the Village,its officers, agents and employees, from any and all actions, claims or demands arising out of the existence,terms,administration,enforcement or attempted enforcement of any provision concerning recapture in this Agreement. The Owner and Developer shall prosecute or defend any action, proceeding or cause,legal or otherwise,that may arise out of the existence,terms, administration, enforcement or attempted enforcement of any provisions concerning recapture in this Agreement. The Owner and Developer will hold the Village, its officers, agents, and employees, free and harmless from any costs, fees (including attorney's fees and expenses) or judgments which the Village,its officers,agents or employees may incur or become liable for pursuant to any such action, claim or cause concerning recapture in this Agreement. The Village shall endeavor in good faith to enforce the provisions of the recapture ordinance.However,the parties recognize the possibility of omissions or errors,and it is agreed that the Village shall not be liable in any way in the event that it shall fail,for any reason whatsoever,to collect or enforce the payment of said recapture as established herein. The Village's obligation is limited to the amount or amounts actually collected pursuant to the provisions of the recapture ordinance. k) Owner and Developer shall provide a reservation of land on the Property for the addition of an outbound lane at the intersection of the private road on the Property and Aptakisic 20 Road, and the location and size of said reservation shall be provided as approved by the Village Engineer. Upon a determination by the Village that an outbound lane needs to be implemented, Owner and Developer shall construct same and shall provide a public ingress and egress easement necessary for the outbound lane. 1) Developer shall pay a fire equipment impact fee of$0.75 per gross square foot of building area for any new building constructed on the Unincorporated Parcel. Said fee shall be paid at the time of issuance of building permits. m) Developer shall make best efforts to secure an easement providing access for emergency vehicles and equipment from the property adjoining the Property to the west for use of the"crash gate emergency entrance"as depicted on Exhibit D. n) Developer(or each of the successor owners of the Property)shall participate in good faith negotiations with the owner of the property currently occupied by the Laidlaw Bus Company and identified by Lake County Property Index Number(PIN) 15-27-100-034(the Laidlaw Parcel)to amend or supplement the then-existing Asbury Drive access easement in a manner that will create a vehicular easement or license for the benefit of the Laidlaw Parcel and permit ingress and egress between the Laidlaw Parcel and Aptakisic Road, provided, however, that each of the following conditions is satisfied: (i)the Village has requested in writing that each of the owners of Asbury Drive undertake such negotiations; (ii) each of the other owners of Asbury Drive are participating in such negotiations;(iii)the owner of the Laidlaw Parcel agrees in writing to reimburse Developer (or the successor owners of the Property, as applicable) for its or their expenses in connection with the amendment or supplement (including attorney fees) and to pay recapture to Developer for the Asbury Drive/Aptakisic Road traffic signal,with both of such payments being due w 21 and paid contemporaneously with Developer(or the successor owners of the Property,as applicable) executing said amendment or supplement;(iv)the amendment or supplement obligates the owners of the Laidlaw Parcel to contribute to ongoing Asbury Drive and traffic signal costs on an equitable basis with the other benefited owners given the size of its parcel and expected traffic generation volumes; and(v) such amendment or supplement shall not create or increase any costs,expenses, maintenance obligations, or liabilities (including without limitation any obligations to alter the configuration of Asbury Drive or any portion thereof)for Developer or any other successor owner of the Property(unless otherwise agreed in writing by the parties). o) Any revisions to the existing ingress and egress easements that have been recorded on the Property shall be subject to review and approval of the Village. p) Any signs proposed for the Property are subject to the provisions of the Village Sign Code and are not approved by this Agreement. It is understood and agreed that sign easements depicted on exhibits to this Agreement are subject to review and approval by the Village. IN WITNESS WHEREOF, the Corporate Authorities, Owner, Developer and Peerless of America have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. [SIGNATURE PAGES AND EXHIBITS FOLLOW] t S , 22 SIGNATURE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road,North and West of the Leider Greenhouses VILLAGE OF BUFFALO GROVE By —/ ��� ELLIOTT HARTSTEIN, Village President ATTEST: BY Ay� , (ALHIAGE CLERK 23 SIGNATURE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road,North and West of the Leider Greenhouses DEVELOPER AND OWNER: PEERLESS BRIDGE,LLC, an Illinois Limited Liabili Company By: -- - Name: Ste en Poulos Title: Authorized Signatory 1 STATE OF ILLINOIS ) )ss COUNTY OF COOK ) The foregoing was affirmed before me on July 16,2007. Notary Public wguf y ftt'liG St y of mr,010 -':(?r :13k;n1fu^IiD}Gi/17_IOQ ` 24 SIGNATURE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road,North and West of the Leider Greenhouses OWNER: Chicago Title Land Trust Company, as Trustee under Trust Agreement dated April 27, 1998 and known as Trust Number 1240 8- 2 By . .. r 0 CORPORATE SEAL 01 It ie Wtd"'Wd and agreed.by end betwm the WVes hereb,wygdng to ft cmtrary mW each ind ail of the warranties,indemnities,representations,.covenants,undertakings and lble part of the Trustee while in form u rd to be the warranties, indemnities, r wa�sent s,c made on undertaian s and a r „ said p.� � � � cc�n8rris, 9 g aeownts of said Trustee are nevertheless each and every one of them,made and intended not as personal tivarrantks,inden?nifies,representations,covenants,undertakings and agreements by the Trustee or for the purpose orwith the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust ProPe q, spedriically described herein,4nd this instrument is executed and delivered by said Trustee not in its own right,but solely in the acar vise of the poWers conferred upon it as such Trustee;and that no personal Uability or personal responsibility is assumed by nor shall at any time be asserted or enparceable against the undersigned land trustee, on account of this instrument or on account of any warranty, indemnity, representation,covenant or agreement of the said Trustee in this instrument contained,either expressed or implied, all such personal liabipty, if any, being expressly waived and released. r 25 SIGNATURE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road, North and West of the Leider Greenhouses OWNER: PEERLESS OF AMERICA, INC. an Illinois Corporation - R By: Name: Frederick Paulman Its: President OFFICIAL SEAL STATE OF ILLINOIS ) JACOB K EHRENSAFT )ss NOTARY PUBIC-STATE OF LLM M MyCOWSSION EV RES:iongl10 COUNTY OF COOK The foregoing was affirmed before me on July 16, 2007. Notary Public 26 This document prepared by: Robert E. Pfeil,Village Planner William G. Raysa,Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Tax Parcels: 15-27-100-032-0000 15-27-100-010-0000 15-27-100-031-0000 EXHIBIT A-1 LEGAL DESCRIPTION Aptakisic Creek Corporate Park South side of Aptakisic Road, north and west of the Leider Greenhouses SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 28.8-acre tract, on the south side of Aptakisic Road (including the Peerless of America building, 15823 W. Aptakisic Road)west and north of the Leider Greenhouses, Aptakisic Road. Incorporated tract(approximately 9.8 acres,within the Village of Buffalo Grove): THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER AFORESAID, SAID POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER; THENCE NORTHERLY 2630.63 FEET TO A POINT ON THE CENTERLINE OF APTAKISIC ROAD, SAID POINT BEING 156.93 FEET EASTERLY OF THE INTERSECTION OF SAID CENTERLINE OF ROAD WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP AND RANGE AFORESAID; THENCE EASTERLY ALONG THE CENTERLINE OF SAID APTAKISIC ROAD, 769.57 FEET; THENCE SOUTHERLY 2527.0 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, SAID POINT BEING 571.75 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER, 571.75 FEET TO THE POINT OF BEGINNING, (EXCEPTING THAT PART OF THE AFOREDESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS COMMENCING AT A POINT 657.17 FEET SOUTHERLY (AS MEASURED ALONG THE WESTERLY LINE OF SAID TRACT) FROM THE NORTHWEST CORNER OF SAID TRACT;THENCE EAST AT RIGHT ANGLES TO SAID WESTERLY LINE TO A POINT ON THE EASTERLY LINE OF SAID TRACT, AND ALSO EXCEPTING THAT PART OF THE AFOREDESCRIBED TRACT LYING NORTH OF THE SOUTH RIGHT-OF-WAY LINE OF APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568), IN LAKE COUNTY, ILLINOIS. PIN: 15-27-100-010 Unincorporated tract(approximately 19 acres): THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER,A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 415.0 FEET; THENCE SOUTH PARALLEL WITH"[IIE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 680.68 FEET TO THE POINT OF BEGINNING; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 273.91 FEET; THENCE SOUTHWARD (ON A COURSE THAT IF EXTENDED WOULD INTERSECT THE SOUTH LINE OF THE SAID NORTHWEST QUARTER AT A POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER), A DISTANCE OF 480.0 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A t a 2 DISTANCE OF 390.0 FEET; THENCE NORTHWARD A DISTANCE OF 480.0 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 116.09 FEET TO THE POINT OF BEGINNING,IN LAKE COUNTY, ILLINOIS. TOGETHER WITH THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 415.0 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 680.68 FEET;THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 273.91 FEET; THENCE SOUTH 1973.45 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER, SAID POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE, 571.75 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER;THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTA-NCE OF 415.0 FEET;THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 680.68 FEET TO THE POINT OF BEGINNING; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 273.91 FEET; THENCE SOUTHWARD (ON A COURSE THAT IF EXTENDED WOULD INTERSECT THE SOUTH LINE OF THE SAID NORTHWEST QUARTER AT A POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER), A DISTANCE OF 480.0 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 390.0 FEET; THENCE NORTHWARD, A DISTANCE OF 480.0 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 116.09 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING THAT PART OF THE NORTHWEST QUARTER OF SECTION 27 AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER,WHICH IS 1087.50 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG SAID LINE 337.42 FEET; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 656.45 FEET; THENCE SOUTH 337.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER,636.85 FEET EAST OF THE POINT OF BEGINNING;THENCE WEST ALONG SAID PARALLEL LINE 636.85 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING FROM THE FOREGOING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 1087.50 FEET; THENCE EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 636.85 FEET TO A POINT ON THE MOST EASTERLY LINE OF LANDS CONVEYED BY DEED RECORDED AS DOCUMENT 1557315; THENCE SOUTH ALONG SAID EASTERLY LINE, 1088.86 FEET TO A POINT ON SAID SOUTH LINE 571.75 FEET EAST OF SAID SOUTHEAST CORNER;THENCE WEST ALONG SAID SOUTH LINE, 571.75 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568), IN LAKE COUNTY, ILLINOIS. Y 3 TOGETHER WITH THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER, 415.0 FEET EAST OF THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, 680.68 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER,273.91 FEET;THENCE NORTHERLY 657.18 FEET TO A POINT ON THE "OLD" CENTERLINE OF APTAKISIC ROAD (SAID OLD CENTERLINE BEING THAT WHICH EXISTED PRIOR TO THE RIGHT- OF-WAY DEDICATION RECORDED AUGUST 27, 1946 AS DOCUMENT NUMBER 598568), SAID POINT BEING 156.93 FEET EASTERLY OF THE INTERSECTION OF SAID CENTERLINE OF ROAD WITH THE NORTH LINE OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID CENTERLINE OF ROAD, 156.93 FEET TO THE AFOREMENTIONED INTERSECTION WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, THENCE WEST ALONG NORTH LINE OF SAID NORTHWEST QUARTER, 158.15 FEET TO THE POINT OF BEGINNING, (EXCEPTING THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568)IN LAKE COUNTY,ILLINOIS. PINS: 15-27-100-031 15-27-100-032 1 . EXHIBIT A-2 LEGAL DESCRIPTION—Incorporated Parcel Aptakisic Creek Corporate Park South side of Aptakisic Road, north and west of the Leider Greenhouses Incorporated tract(approximately 9.8 acres,within the Village of Buffalo Grove): THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER AFORESAID, SAID POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER; THENCE NORTHERLY 2630.63 FEET TO A POINT ON THE CENTERLINE OF APTAKISIC ROAD, SAID POINT BEING 156.93 FEET EASTERLY OF THE INTERSECTION OF SAID CENTERLINE OF ROAD WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP AND RANGE AFORESAID; THENCE EASTERLY ALONG THE CENTERLINE OF SAID APTAKISIC ROAD, 769.57 FEET; THENCE SOUTHERLY 2527.0 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, SAID POINT BEING 571.75 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER, 571.75 FEET TO THE POINT OF BEGINNING, (EXCEPTING THAT PART OF THE AFOREDESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS COMMENCING AT A POINT 657.17 FEET SOUTHERLY (AS MEASURED ALONG THE WESTERLY LINE OF SAID TRACT) FROM THE NORTHWEST CORNER OF SAID TRACT; THENCE EAST AT RIGHT ANGLES TO SAID WESTERLY LINE TO A POINT ON THE EASTERLY LINE OF SAID TRACT, AND ALSO EXCEPTING THAT PART OF THE AFOREDESCRIBED TRACT LYING NORTH OF THE SOUTH RIGHT-OF-WAY LINE OF APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568),IN LAKE COUNTY,ILLINOIS. PIN: 15-27-100-010 EXHIBIT A-3 LEGAL DESCRIPTION—Unincorported Parcel Aptakisic Creek Corporate Park South side of Aptakisic Road, north and west of the Leider Greenhouses Unincorporated tract(approximately 19 acres): THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER,A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 415.0 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 680.68 FEET TO THE POINT OF BEGINNING; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 273.91 FEET;THENCE SOUTHWARD (ON A COURSE THAT IF EXTENDED WOULD INTERSECT THE SOUTH LINE OF THE SAID NORTHWEST QUARTER AT A POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER),A DISTANCE OF 480.0 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 390.0 FEET; THENCE NORTHWARD A DISTANCE OF 480.0 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 116.09 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. TOGETHER WITH THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 415.0 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER,A DISTANCE OF 680.68 FEET;THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 273.91 FEET; THENCE SOUTH 1973.45 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER, SAID POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE, 571.75 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER;THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; A DISTANCE OF 2650.80 FEET TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 4t5.0 FEET;THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 680.68 FEET TO THE POINT OF BEGINNING; THENCE J 2 EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 273.91 FEET; THENCE SOUTHWARD (ON A COURSE THAT IF EXTENDED WOULD INTERSECT THE SOUTH LINE OF THE SAID NORTHWEST QUARTER AT A POINT BEING 571.75 FEET EAST OF THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SAID NORTHWEST QUARTER),A DISTANCE OF 480.0 FEET; THENCE WEST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 390.0 FEET; THENCE NORTHWARD, A DISTANCE OF 480.0 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 116.09 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING THAT PART OF THE NORTHWEST QUARTER OF SECTION 27 AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER,WHICH IS 1087.50 FEET NORTH OF THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG SAID LINE 337.42 FEET; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 656.45 FEET; THENCE SOUTH 337.85 FEET TO A POINT ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER,636.85 FEET EAST OF THE POINT OF BEGINNING;THENCE WEST ALONG SAID PARALLEL LINE 636.85 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING FROM THE FOREGOING, THAT PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 1087.50 FEET;THENCE EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 636.85 FEET TO A POINT ON THE MOST EASTERLY LINE OF LANDS CONVEYED BY DEED RECORDED AS DOCUMENT 1557315; THENCE SOUTH ALONG SAID EASTERLY LINE, 1088.86 FEET TO A POINT ON SAID SOUTH LINE 571.75 FEET EAST OF SAID SOUTHEAST CORNER;THENCE WEST ALONG SAID SOUTH LINE, 571.75 FEET TO THE POINT OF BEGINNING, ALSO EXCEPTING THAT PART THEREOF LYING NORTHERLY OF THE SOUffl!ERLY RIGHT-OF-WAY LINE OF APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568), IN LAKE COUNTY,ILLINOIS. TOGETHER WITH THAT PART OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 43 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER, 415.0 FEET EAST OF THE NORTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF-SAID NORTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF SAID NORTHWEST QUARTER, 680.68 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 273.91 FEET;THENCE NORTHERLY 657.18 FEET TO A POINT ON THE "OLD" CENTERLINE OF APTAKISIC ROAD (SAID OLD CENTERLINE BEING THAT WHICH EXISTED PRIOR TO THE RIGHT- 'OF-WAY DEDICATION RECORDED AUGUST 27, 1946 AS DOCUMENT NUMBER 598568), SAID POINT BEING 156.93 FEET EASTERLY OF THE INTERSECTION OF SAID CENTERLINE OF ROAD WITH THE NORTH LINE OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID CENTERLINE OF ROAD, 156.93 FEET TO THE AFOREMENTIONED INTERSECTION WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, THENCE WEST ALONG NORTH LINE OF SAID NORTHWEST QUARTER, 158.15 FEET TO THE POINT OF BEGINNING, (EXCEPTING THAT PART THEREOF LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID APTAKISIC ROAD AS DEDICATED FOR PUBLIC ROAD PURPOSES BY DOCUMENT 598568)IN LAKE COUNTY, ILLINOIS. PINS: 15-27-100-031 15-27-100-032 m) ) y EXHIBITS B, C D, F, F, G, H, AND I TO ANNEXATION AND DEVELOPMENT AGREEMENT Aptakisic Creek Corporate Park South side of Aptakisic Road, North and West Of the Leider Greenhouses The following Exhibits are located in the Village of Buffalo Grove's Village Clerks office located at 50 Raupp Boulevard, Buffalo Grove, IL. 60089 EXHIBIT B Plat of Annexation dated as last revised April 18, 2007 by Manhard Consulting, Ltd. F EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan (site plan) dated as last revised June 6, 2007 by Cornerstone Architects, Ltd. EXHIBIT E Preliminary Engineering Plan dated as last revised June 26, 2007 by Manhard Consulting, Ltd. EXHIBIT F Preliminary Landscape Plan dated as last revised June 25, 2007 by Allen L. Kracower& Associates EXHIBIT G Site photometric plan dated as last revised June 26, 2007 by ABCO Electrical Construction and Design LLC EXHIBIT H Architectural Rendering by Cornerstone Architect, Ltd. EXHIBIT I Exterior building elevations by Cornerstone Architect, Ltd.