2004-064 ORDINANCE 2004 - 64
An Ordinance Approving an Agreement Between
the Village of Buffalo Grove, the Village of Wheeling,
Bank of America N.A. a National Banking Assn.
and DCS Ventures Inc., an Illinois Corporation
Regarding the Bank of America, 55 Lake Cook Rd.
WHEREAS, the Village of Buffalo Grove seeks to accept and bind
the commitments offered by Bank of America N.A. and DCS Ventures
Inc.; and
WHEREAS, the Agreement between the Village of Buffalo Grove,
the Village of Wheeling, Bank of America N.A. a National Banking
Association, and DCS Ventures Inc, an Illinois Corporation, regarding the
Bank of America, 55 Lake Cook Road ("Agreement") will further the
public interests and benefits to the Buffalo Grove and Wheeling
communities.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE
PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, IL. that:
Section 1 - The foregoing Whereas clauses are hereby made a part
hereof.
Section 2 - The proposed Agreement (draft dated June 14, 2004),
attached hereto, is approved subject to the following items:
A. Execution by all parties.
B. Posting of the required Letters of Credit with the Villages of
Wheeling and Buffalo Grove. The Agreement shall not be deemed as
executed until the Letters of Credit have been received in a form
acceptable to the Village of Buffalo Grove.
C. In no event shall Buffalo Grove receive less compensation
required under this Agreement than is received by the Village of
Wheeling.
D. That the Village of Wheeling entrance sign shall not be located
in the Village of Buffalo Grove.
E. That Section 6 shall be deleted from the Agreement in its
entirety.
F. That the location of the Village of Wheeling entrance sign shall
not create a line-of-sight safety issue and is subject to Buffalo Grove staff
review to insure same.
Section 3 - The Ordinance shall be in full force and effect from its date
of passage.
AYES: 5 - Glover, Berman, Johnson, Kahn, Trilling
NAYS: 0 - None
ABSENT: 0 - None
ABSTAIN: RECUSE: 1 - Braiman
PASSED: June 21, 2004 APPROVED: June 21, 2004
APPROVED
Village President
ATTESET:
Vill a Clerk
F:\Buffalo Grove\Bank of America\VBG Ordinance-Q.doc
2
July 21, 2004
AGREEMENT
This Agreement made this day of 2004 by and between
the Village of Wheeling ("Wheeling"), Illinois, an Illinois municipal corporation; the
Village of Buffalo Grove ("Buffalo Grove"), Illinois, an Illinois municipal corporation;
Bank of America N. A., a national banking association, (the "Bank"); and DCS Ventures,
("DCS") an Illinois Corporation.
WHEREAS, located within the corporate limits of both Wheeling and Buffalo
Grove is real property located at the southwest corner of Lake-Cook Road and McHenry
Road (Illinois Route 83) (hereinafter the "Property") and legally described on EXHIBIT
A hereto; and
WHEREAS, on December 1, 1997, Wheeling and Buffalo Grove entered an
Intergovernmental Cooperation Agreement (the "Intergovernmental Agreement")
pertaining to the Property ( See Agreement attached hereto as EXHIBIT B); and
WHEREAS, pursuant to said Agreement Wheeling agreed to the disconnection
of a certain portion of the Property located in Wheeling, which parcel was then
annexexed into Buffalo Grove; and
WHEREAS, both Wheeling and Buffalo Grove have acted in accordance with
said Intergovernmental Agreement since it was entered; and
WHEREAS, the Intergovernmental Agreement provides at Section 8A that
neither municipality shall approve any future development of the Property without the
express approval of the other municipality; and
Wanage 138531 1
WHEREAS, the Intergovernmental Agreement provides at Section 4 that all
sales tax generated upon the property shall be distributed equally between Buffalo Grove
and Wheeling; and
WHEREAS, the Bank has submitted a site plan to Buffalo Grove and is seeking
approval of the development of a Bank on the Property. (hereinafter the "Development)
A copy of the Development Site Plan is attached hereto as EXHIBIT C; and
WHEREAS, the Bank is the Lessee of the Property through an Assignment and
Assumption of the Lease for the Property dated December 29, 2003 taken from DCS
Ventures, Inc (hereinafter referred to as the "Lease") (See Assignment attached hereto as
EXHIBIT E); and
WHEREAS, the Bank's Lease of the property extends through April 30, 2018;
and
WHEREAS, Buffalo Grove has requested that Wheeling approve said
Development.
NOW, THEREFORE, upon the consideration of the mutual promises contained
herein and upon the further consideration of the recitals hereinabove set forth, it is hereby
agreed between Buffalo Grove, Wheeling ,the Bank and DCS as follows.
SECTION 1: Incor oration of Recitals
The foregoing recitals are hereby incorporated herein and made a part of this
Agreement.
SECTION 2: Wheeling Approval
Wheeling hereby approves the development of the Bank pursuant to the site plan
submitted to Buffalo Grove, attached hereto and incorporated herein as Exhibit C.
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Wheeling's approval is expressly contingent upon Buffalo Grove, the Bank, and DCS,
meeting-any and all obligations that each has under this Agreement.
SECTION 3: Payment
DCS agrees to pay both Wheeling and Buffalo Grove Five Thousand Dollars
($5000) each per year for each year during the current term of the Lease, or any extension
thereof, that Bank of America or any bank conducts business on the Property. DCS shall
pay the amount of $5000 annually to Wheeling and Buffalo Grove with the first Five
Thousand Dollar payments ($5000) to be paid upon execution of this Agreement with all
subsequent payment to be paid on or before the annual anniversary date of the
Agreement. DCS shall make each payment to the municipal funds designated in writing
by Wheeling and Buffalo Grove and the parties agree that the Bank shall not be liable for
such payments which are personal to DCS.
SECTION 4: LETTER OF CREDIT
DCS, in order to guarantee the payments set forth in Section 3 of this Agreement,
shall, upon execution of this Agreement, deposit with Wheeling and Buffalo Grove
irrevocable individual letters of credit in the amount of $70,000 each. Each letter of
credit shall be in the form and substance acceptable to each Village. Said letters of credit
shall be automatically reduced by the amount of the yearly payments when made. If
yearly payments are not made pursuant to Section 3 hereof, then each Village shall have
the right to call upon its letter of credit in the amount of the yearly payment.
SECTION 5: ENTRYWAY SIGN
The Bank and DCS hereby grant to Wheeling a permanent irrevocable license to
locate a Village of Wheeling entryway sign in the same size and format as that shown on
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o
the rendering attached as EXHIBIT D hereto on the Property along McHenry Road in a
location within the Village of Wheeling to be reasonably designated by Wheeling,
provided that said location shall have roadside visibility and shall not interfere with the .
business operation, including any signage and visibility of the Bank. The license granted
herein provides Wheeling the perpetual right, privilege and authority to construct,
reconstruct, repair, relocate, inspect, maintain and to operate said sign together with the
right of access across the Property for necessary personnel and equipment to do any of
the above stated work provided any damage caused thereby is diligently repaired by
Wheeling. The Bank and/or DCS will further provide at their expense a source of electric
power including the underground piping for such purpose, in order to provide power to
illuminate the sign. If Wheeling is required to remove the sign because either the Bank
or DCS lack authority under the Master Lease for the Property to grant the license
provided for herein, DCS and the Bank will grant a license to Wheeling to locate the sign
in an alternative location.that is reasonably acceptable to Wheeling, according to the
terms stated in this Section 5, if authorized under the Lease. If granting such a license is
deemed unauthorized under the Lease in any location on the Property, DCS and the Bank
will work cooperatively with Wheeling in finding a location acceptable to all parties.
SECTION 6: Sidewalks
DCS, at its expense, agrees to install a sidewalk in conformance with the
Wheeling Village Code adjacent to the property along McHenry Road south to Aptakisic
Road beginning at the point where the proposed sidewalk ends on the Site Plan attached
as Exhibit C hereto. The sidewalk will be located in an area to designated by staff of the
Village of Wheeling Engineering Department.
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SECTION 7: Term of Agreement
This Agreement shall be in effect from the date of its execution until Bank of
America or any successor bank terminates business on the Property. The terms of the
Intergovernmental Agreement remain in full force and effect. At the point in time when a
bank has ceased conducting business on the Property and a sales tax generating business
begins operation on the Property, the terms of the Intergovernmental Agreement
requiring that all sales tax generated by the Property be distributed equally between
Buffalo Grove and Wheeling shall be enforced.
SECTION 8: Severabilit
The provisions of this Agreement shall be interpreted when possible to sustain the
legality and enforceability as a whole. In the event any provision of this Agreement shall
be held invalid, illegal or unenforceable by a court of competent jurisdiction, in whole or
in part, neither the validity of the remaining part of such provision, nor the validity of any
other provision of this Agreement shall in anyway be affected thereby. The
unenforceability of any provision of this Agreement in a specific situation shall not affect
the enforceability of that provision in any other situation.
SECTION 9: Enforceability
Any party hereto shall have the right to enforce this Agreement in the Cook
County Circuit Court, Illinois. Said right shall include the right to seek specific
performance under the Agreement. The prevailing party in any such enforcement action
shall be entitled to a judgment to include attorney's fees and costs.
SECTION 10: Amendment
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e' w
No Amendment to this Agreement shall be effective unless it is in writing and
approved by all parties hereto.
SECTION 11:Ado tion by Ordinances or Resolution
The parties hereto agree that this Agreement shall be adopted by ordinance or
resolution approved by the corporate authorities of each municipality. This Agreement
shall be effective upon and bear the date of the last party to execute the same.
SECTION 12: Successors and Assigns
This Agreement shall be binding upon the parties, their successors and assigns.
[The remainder of this page is intentionally left blank.]
Manage 138531 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the proper duly authorized officers.
Village of Buffalo Grove
Dated: ✓
�....m.. By:
Elliott Hartstein
Village President
Attest:
Village Clerk
G //D ,` Village of W1rel1pg
Dated: o
I Gr�g Aai
. '^ Village President
'6t: s�}
L .
Bank of America, N.A.
*� A national banking association
12- Q5!Dated: `
B y:
Print name: Jay Taylor
Title: Senior Vice President
DCS entures, Inc.
D An Ill nois corporation /
Dated:
By:
Print name:
Title: AiV "-A ref jALEAcT,
iManage 1385311
STATE OF ILLINOIS )
) SS
COUNTY OF C O O K)
1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Elliott Hartstein, personally known to me to be the President of
the Village of Buffalo Grove, and known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and sever-
ally acknowledged that as such President, signed and delivered the said instrument and
caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to
authority given by the Board of Trustees of said municipal corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said municipal corporation,
for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this _j_L day of ,
2 4.
Notary Public "OFFICIAL SEAL"
ROBERTA FREED
VC0SSION EXPIRES O1/25/08
iManage 138531 1
STATE OF ILLINOIS )
) SS
COUNTY OF C O O K)
1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Greg Klatecki, personally known to me to be the President of
the Village of Wheeling, and known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and sever-
ally acknowledged that as such President, signed and delivered the said instrument and
caused the corporate seal of said municipal corporation to be affixed thereto, pursuant to
authority given by the Board of Trustees of said municipal corporation, as their free and
voluntary act, and as the free and voluntary act and deed of said municipal corporation,
for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this day of
2004.
h OFFICIAL SEAL
CHRISTINE BRADY
Notary Public NOTARY PUBLIC,STATE OF ILLINOIS
COMMISSION EXPIRES 10.4.2005
Manage 138531 1
STATE OF TEXAS )
) SS
COUNTY OF DALLAS )
I, the undersigned,,a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that Jay Taylor—, a representative of Bank of America, N.A., a
national banking association, personally known to me to be the same person whose name
is subscribed to the foregoing instrument as such _Senior Vice President , appeared
before me this day in person and acknowledged that he/she signed and delivered the said
instrument as their own free and voluntary act and as the free and voluntary act of said
national banking association for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this date of ,
2004. ,,
NOTARY PUBLIC
?tea ? STATE Of TEXAS
ary bliC My Comm.Exp.05-15.08
STATE OF ILLINOIS )
) SS
COUNTY OF C O O K )
Wanage 138531 1
STATE OF ILLINOIS )
) SS
COUNTY OF C O O K)
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that De bun Pa DIAAGIV— S , a representative of DCS
Ventures, Inc., an Illinois corporation, personally known to me to be the same person
whose name is subscribed to the foregoing instrument as such
NAbr IA I%A c+ , appeared before me this day in person and acknowledged
that he/shy signed and delivered the said instrument as their own free and voluntary act
and as the free and voluntary act of said corporation for the uses and purposes therein set
forth; and the said then and there acknowledged that said
as custodian of the corporate seal of said corporation caused
the corporate seal of said corporation to be affixed to said instrument as said
own free and voluntary act and as the free and voluntary act of said
corporation for the uses and purposes therein set forth.
GIVEN under my hand and Notary Seal this c`3q date of � ,
2004.
OFFICIAL S1ULANVW
ALISSA L. SIC CY
NOTARY PUBLIC,STATE MYCO1�4SSIONEXPOS�
ary Olic
Manage 138531 1
06,08,,0.1 13: 47 FAX 847 434 016-1 RA]'SA & ZlAlMLk0lANl\, LIP. W_I l
LEASE DESCRIPTION
AMOCO SS# 2749
LAKE--COOK & MC HENRY ROADS
BUFFALO GROVE, ILL.
ATTACHMENT #1
TIAT PART OF THE SOUTHWEST QUARTER OF SECTION 33 , TOWNSHIP 43 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, AND THAT PART
OF THE NORTH HALF OF SECTION 4 , TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33 WITH THE SOUTHERLY LINE OF LAKE COOK ROAD, THENCE
ON AN ASSUMED BEARING OF SOUTH 68 DEGREES 38 MINUTES 56 SECONDS EAST ALONG A
LINE WHICH FORMS AN ANGLE OF 45 DEGREES 03 MINUTES 59 SECONDS AS MEASURED FROM
EAST TO SOUTH FROM SAID SOUTHERLY LINE OF LAKE-COOK ROAD, 395 .99 FEET; THENCE
SOUTH 30 DEGREES 20 MINUTES 15 SECONDS EAST, 134 . 05 FEET; THENCE SOUTH 56
DEGREES 57 MINUTES 12 SECONDS EAST, 62. 61 FEET; THENCE NORTH 66 DEGREES 27
MIW TIES 37 SECONDS EAST, 15. 53 FEET TO A POINT ON AN ARC 70. 00 FEET SOUTHWEST
ERLY OF AND CONCENTRIC WITH THE CENTERLINE OF MCHENRY ROAD (ILLINOIS ROUTE
83) , BEING A 1,502.69 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF • •SAID CURVE
BEARS NORTH 51 DEGREES 22 MINUTES _53 SECONDS EAST FROM SAID POINT; THENCE
NORTHERLY ALONG SAID CURVE AND WESTERLY LINE OF MCSENRY ROAD AFORESAID, 210.06
FEET, 'CENTRAL ANGLE 8 DEGREES 00 MINUTES 34 SECONDS ; THENCE NORTH 59 DEGREES
23 MINUTES 27 SECONDS EAST ALONG A RADIAL LINE, 20.00 FEET TO A POINT ON A
1, 482- 69 FOOT RADIUS CURVE CONCENTRIC WITH THE AFOREMENTIONED CENTERLINE OF
MCHENRY ROAD; THENCE NORTHERLY ALONG SAID CURVE AND WESTERLY LINE OF MCHENRY
' ROAD, CENTRAL ANGLE 9 DEGREES 04 MINUTES 56 SECONDS , 234 .78 FEET TO THE NORTH
LINE OF THE SOUTH 108 .00 FEET OF THE SOUTHWEST QUARTER OF SECTION 33
AFORESAID; THENCE NORTH 89 DEGREES 37 MINUTES 06 SECONDS ALONG SAID NORTH
LINE, : 36.34 FEET TO A POINT ON THE SOUTHERLY LINE OF LAKE-COOK. ROAD AFORESAID,
BEINGi. A. 2 , 226_83 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS
SOUTH 18 DEGREES 49 MINUTES 56 SECONDS EAST FROM SAID POINT; THENCE WESTERLY
ALONG SAID CURVE AND SOUTHERLY LINE OF LAKE COOK ROAD AFORESAID, 211. 84 FEET,
CENTRAL ANGLE 5 DEGREES 27 MINUTES 02 SECONDS ; THENCE SOUTH 66 DEGREES 17
MINUTES 05 SECONDS ALONG SAID SOUTHERLY LINE, 70.74 '"FEET TO THE PAINT OF
BEGINNING.
P-.I.N. 03-04-101-010 COOK COUNTY
P.I-N. 15-33-300-037 LAKE COUNTY
EXHIBIT
INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE
VILLAGE OF BUFFALO ROVE AND THE VILLAGE OF WHEELING
WHEREAS, located within the corporate limits of both the Village of Wheeling and
the Village of Buffalo Grove is real property located at the southwest comer of Take-Coop
Road and McHenry Road (Illinois Route 83) (hereinafter the "Property") and legally
described on Exhibit "A" hereto; and
WHEREAS, Parcel 1 of the Property legally described on Exhibit "A" hereto is
located within the corporate limits of the Village of Wheeling ("Wheeling Parcel"); and
WHEREAS, Parcel 2 of the Property legally described on Exhibit "A" hereto is
located within the corporate limits of the Village of Buffalo Grove(`Buffalo Grove Parcel");
and
WHEREAS, Amoco Oil Company ("Amoco") desires to develop the Property its it
gas station and food shop and has submitted to both the Village of Buffalo Grove and the
Village of Wheeling site plans for the development of the Property which plans are identified
as follows: (1)Site Plan, dated June 1, 1994 (revised June 9, 1997); (2) Concept Plan,
prepared by Macki Consultants,Inc., dated May 11, 1992 (revised June 9, 1997), sheet 1 of
2; (3)Existing Contiguous Area, dated May 11, 1992 (revised February 17, 1997), sheet 2
of 2; (4)Proposed Elevations, dated February 7, 1996, sheet PE-1; (5) Proposed Floor Plan,
dated February 7, 1996,sheet PF-1; (6)Landscape Plan, dated February 23, 1997, sheets L-1,
L-2 and L-3 (hereinafter sometimes referred to as "Amoco Development"); and
WHEREAS, American National Bank and Trust Company of Chicago as Trustee
illillillim
EXHIBIT
�j
9Ti20'd 92:ST 66. ZT AON Tccn-Fen-gn):xea naq nIHaana in
under Tnist# 112811-02 dated October 1, 1990 .is the sole owner of record of Parcel 2 ant
Stamelos Brothers, Ltd. is the owner of record of Parcel I ("Owners"); and
WHEREAS,Amoco has-entered into a lease for the Property with the Owners; and
WHEREAS, both The Village of Buffalo Grove ("Buffalo Grove") and The Village
of Wheeling("Wheeling") have a legitimate interest in regulating the development of land
near their borders to protect the health and safety of their residents and to provide uniformity
in development; and
WHEREAS,Buffalo Grove and Wheeling have determined that there exists a need
and a desirability to provide for the logical development of the Property, whether said
Property is developed by Amoco or another developer; and
WHEREAS,Wheeling and Buffalo Grove are home rule units pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Section 5n-3-4 0f the Illinois Municipal Code (Illinois Compiled
Statutes, 1994, Chapter 65, Section 5/7-3-4) provides that an owner of property, which is
upon the border of a municipality, may disconnect his property upon the consent of said
municipality; and
WHEREAS, it is contemplated that Wheeling will receive a Petition for
Disconnection to disconnect a portion of the Wheeling Parcel from the Village of Wheeling
which real property (along with adjacent right of way) is legally described on Exhibit "B"
hereto (hereinafter the "Disconnection/Annexation Parcel"); and
9T/bO-d 92:ST 66, 71 ADW 70c`n._G('t—oo)-YPJ AIJM n-1u I inn ,,_.
WHEREAS, Wheeling is prepared to consent to the disconnection of the
Disconnection/Annexation Parcel subject to the terms of this Agreement and an Agreement
between Wheeling, the Owners and Amoco; and
WHEREAS, Section 10.of Article VII of the Constitution of the State of Illinois of
1970 authorizes units of local government, including municipalities,to contract to exercise,
combine, or transfer any power or function not prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act of 1973, (Illinois Corttpiled
Statutes, 1994, Chapter 5, Section 220/1 et sea.), authorizes municipalities to exercise jointly
with any public agency of the State, including other units of local government individually,
and to enter into contracts for the performance of governmental services, activities, and
undertakings; and
WHEREAS, Buffalo Grove and Wheeling have authorized, by ordinance, the
execution of this Agreement as an exercise of their respective home rule authority and as an
exercise of their intergovernmental cooperation authority under the Constitution of Illinois.
NOW, THEREFORE, upon the consideration of the mutual promises contained
herein and upon the further consideration of the recitals hereinabove set forth, it is hereby
agreed between the Village of Buffalo Grove and the Village of Wheeling as follows:
,Section 1: Incorporation of Recitals
The foregoing recitals are hereby incorporated herein and made a part of this
Agreement,
QT/cn'.1 QC•CT C 7T nnk --
Section Z: Wheeling 12isg9rtnt .tc inn
The Village of Wheeling does hereby agree:
A. That upon receipt of a written petition signed by t e owners of the territory
described on Exhibit"B" (Disconnection/Annexatio Parcel)hereto, pursuant
to and in compliance with 65 ILCS 5/7-3-4,Wheelie shall take all appropriate:
action to disconnect the Disconnection/Annexation F arcel from the Village of
Wheeling. That said disconnection from Wheeling. iall not be effective until
said territory is annexed to Buffalo Grove.
B. That there is no indebtedness or liability due to Wheeling from the
Disconnection/Annexation Parcel that Buffalo Gr e would have a duty to
assume and pay pursuant to 65 ILCS 5/7-1-31.
C. Wheeling shall make no redistribution of the real estate taxes generated from
the Disconnection/Anriexation Parcel to Buffalo Gi ove pursuant to 65 ILCS
5/7-1-34.
SCClioll 3• Buffalo Grove Annexation
The Village of Buffalo Grove does hereby agree as follow;:
A. That upon the disconnection of the Disconnection/A eaation Parcel frorn the
Village of Wheeling and upon receipt by the Villa e of Buffalo Grove of a
voluntary petition to annex the Disconnection/Annexation Parcel pursuant to
4
OTznn'J I(I-e T cc 77 Arai .. _ ,_..---
65 ILCS 5/7-1-8 to Buffalo Grove,the Village ofBu alo Grove will annex the
Disconnection/Annexation Parcel.
Section a: Sales Tax Revenue
A. It is the intention of the parties that the Property be developed and used in
accordance with sound land planning practices and n t in consideration of the-
municipality or county within which sales may be enerated. In this regard,
it is agreed between the parties that in accordance with the terms set ford,
herein, all sales tax generated upon the Property shall be distributed equally
between Buffalo Grove and Wheeling.
B. During the term of the Annexation Agreement betwe n Buffalo Grove and the
Owners, Buffalo Grove shall provide to Wheeling n or before 3�
P a days after
the end of the previous calendar quarter a copy of th monthly sales tax report
forms(Dorms ST-I and'ST-2)received from the Prop
erty
the ex i
by Buffalo Grove for
Property. Tax Forms .said quarter for the Pro " "P ( ) . p ratton of the
Annexation Agreement, Wheeling shall be responsib a for providing copies of
the sales tax forms required herein.
C. Wheeling shall provide to Buffalo Grove on or before 30 days after the end of'
the previous calendar quarter a copy of the month y sales tax report forins
(Forms ST-1 and ST-2) received from the Property by Whccliilg for said
quarter for the Property. ("Sales Tax Forms").
D. Sales tax generated upon the property shall be distributed as follows:
(i) Sales Tax shall be defined as and equal to 100% of the amount of
Buffalo Grove's Municipal Sales Tax generated and paid upon the
Property as reflected on the Sales Tax Forms for the previous calendar
year plus 100% of the amount of Wheelin 's Municipal Sales Tax
generated and paid upon the Property as re ected on the Sales Tax
Forms for the previous calendar year. Sales Tax shall not include the
amount of any discount taken on Form ST-1
(ii) On or before February 1st of each year, the finance directors of each
municipality shall meet and calculate the Sal s Tax from the Property
and shall determine the amount necessary from the Sales Tax generated
and paid upon the Property to be divided equally between Buffalo
Grove and Wheeling, On or before March 1st of each year that
municipality having received greater than f fty percent (50%) of the
Sales Tax from the Property shall pay to th other municipality that
amount necessary for each municipality to re eive fifty percent (50°�)
of Sales Tax from the Property. Either municipality that is required to
report and distribute sales tax shall rece ve annually a $500.00
processing fee from the other municipality's istributive share of Sales
Tax.
6
AT e0A•J 6C,.CT CC 7T nnki i
E. The Buffalo Grove Municipal Sales Tax is defined as Buffalo Grove's Home
Rule Sales Tax of 1/2 of one percent (.5%) (65 ILCS 5/8-11) and the one
percent (1%) Illinois Service Occupation tax (35 ILCS 11)) or Retailers
Occupation Tax (35 ILCS 120) or Service Use Tax (35 ILCS 110). The
Wheeling Municipal Sales Tax is defined as Wheeling's Home Rule Sales Tat
of 1/2 of one percent(,5%)(65 ILCS 5/8-11) and the one percent 0%)Illinois
Service Occupation Tax(35.ILCS 115) or Retailers Occupation Tax (35 ILCS
120) or Service Use Tax (35 ILCS 110).
Section 5: Change in Sates Tax Ram
A. The General Assembly of the State of Illinois has, from time to time,
considered modifying or eliminating the distribution of sales tax revenue to
Illinois municipalities, The parties desire to make express provision for the
effect of such change upon the operation of this Agreement.
B. Should the Illinois General Assembly hereafter and during the term of this
Agreement increase the percentage of sales tax revenue distributed to Illinois
municipalities, the payments provided.for herein shall be continued to be
shared on a 50%-50% basis at the increased rate.
C. Should the Illinois General Assembly hereafter and during the term of this
Agreement reduce the percentage of sales tax revenue distributed to Illinois
municipalities, the payments provided for herein shall be continued to be
7
shared on a 50%-50%basis at the reduced rate.
D. Should the Illinois General Assembly hereafter and during the term of this
Agreement eliminate the distribution of any portion of sales tax revenue to
Illinois municipalities, there shall be no redistribution between the
municipalities of that portion of sales tax eliminated by the Illinois General
Assembly.
E. Neither municipality shall be required to continue to impose its current horse
rule sales tax for the purpose of providing a source of funds for the sales tax
payments herein contemplated.
F. Both Wheeling and Buffalo Grove currently have a.5%Home Rule Sales Tax.
If either municipality decreases or increases its Home Rule Sales Tax the
lowest rate between the two municipalities shall be used in the computation of
the Sales Tax Payments. Each municipality shall immediately forward to the
other municipality a copy of any ordinance that effects a change in its Home
Rule Sales Tax rate.
G. Should either municipality enact a Home Rule Gasoline tax, the lowest rate
between the two municipalities shall be used in the computation of the Sales
Tax from the Property.
&etion 6• Real Estate Property Taxes
Each municipality shall receive its full amount of Real Estate Property Taxes
9TAT Rs:rT F;F. TT nON 7CCn-tics-Rn)*xea JF1
generated by that portion of the Property within its corporate limits. It is the intent of the
parties that Real Estate Property Taxes not be shared between the municipalities under the
terms of this Agreement.
Section 7. Other Revenues
Any new revenues generated from the Property to either municipality derived from
any other development of whatever kind or nature shall be shared oil a 50%-50% basis using
the same procedure as set forth herein for sharing of sales tax.
Section 8: Develonment of the Proms
A. Any future development of the Property shall comply with the zoning code of
the municipality within which said future development shall occur. Neither
municipality shall approve any future development of the Property without the
express approval of the other municipality which approval shall not be
unreasonably withheld.
B. Any approval of development upon the Property shall be granted subj ect to the
terms and conditions of this Agreement. Each municipality shall require, as
a condition of such development approval,that the owner and developer shall
agree to the provisions of this Agreement.
Section 9: Buildings and Construction
Whenever any development of the Property requires the construction of any building,
structure or system upon the property, such construction shall comply with the construction
9
9T/I i 'd FiS :ST ER, TT I10PJ AJCI mu_i
codes (including but not limited to building,electrical, structural,plumbing, fire, storm water
and floodplain) of the municipality within which said improvement is located.
"eetion I : Licenses and Pertnits
Any owner, developer or user of the Property shall be required to secure all necessary
licenses and permits from and to pay all accompanying fees to the municipality in which the
real property is located for which the license or permit pertains.
Section 11: Fire and Police
A. Fire and ambulance service to the Property shall be provided by the
municipalities in accordance with the automatic aid agreement between
Wheeling and Buffalo Grove.
B. Policc Service to the Property shall be provided by the municipalities in
accordance with the jurisdictional boundaries of the municipalities.
Section 12: Term of Agreement
This Agreement shall be effective for as long as any part of the Property lies with the
corporate limits of the Village of Wheeling and the Village of Buffalo Grove.
Section 13: iSeyerahilify
The provisions of this Agreement shall be interpreted when possible to sustain their
legality and enforceability as a whole. In the event any provision of this Agreement shall be
held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in
part, neither the validity of the remaining part of such provision, nor the validity of any other
10
0T "T '.1 CC-CT GG 7T Anki 7rrrnn cr-f, nn 1.vo i Alin n�
provisions of this Agreement, shall be in any way affected thereby, The unenforceability of
any provision of this agreement in a specific situation shall not affect the enforceability of
that provision in any other situation.
Section 14: Enforceability
Either party hereto shall have the right to enforce this agreement in the Cook County
Circuit Court, Illinois.
Section 15: Amendment
No Amendment to this Agreement shall be effective unless it is in writing and
approved by Buffalo Grove and Wheeling.
Section 16: Adoption by Ordinances
The parties hereto agree that this Agreement shall be adopted by ordinance approved
by the corporate authorities of each municipality. This Agreement shall be effective upon
and bear the date of the last municipality to execute same.
Section 17: Successors and Assigns
This Agreement shall be binding upon the parties, their successors and assigns.
Section 18: Revenue Reductinns
Neither municipality shall enter into an agreement for or consent to any tax incentive
or tax reduction for the Property without the consent of the other municipality.
ll
gTACT 'rl AC:CT rR- 77 nnKi 7Mn_crr. on i,VD i mi 1 ,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by the proper duly authorized officers.
Dated: VILLAGE OF BUFFALO GROVE
B .
DNEY H.MATHIAS
Village President
Attest:
JANEET SIRMAN
Village Clerk
Dated: VILLAGE OF WHEELING
COOk
ECKSEAL lage Presient
Attest:
Village Clerk
]2
91/.I "e-i* nr•,C:T r.ri. 7T Am 7r%rrn r_r 4, nn I.vn I A
EXHIBIT "A"
r e
Legal Description
PARCEL I: - WHEELING PARCEL
THAT PART OF THE NORTH '/2 OF SECTION 4, TOWNSHIP 42 NORTH.
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF STATE AID ROUTE �16,
KNOWN AS McHENRY ROAD (SAID POINT OF BEGINNING BEING
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE
OF SAID SECTION 4, 326.10 FEET WEST OF THE SOUTH 1/4 CORNIER OF
SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, THENCE S.16-45'-00"W. 505.15 FEET TO SAID
PLACE OF BEGINNING)THENCE S. 16-45'-00"W. 123.35 FEET; THENCE N.
58-02'-00"W. 615.25 FEET; THENCE N.24-00'-00". 147 FEET; THENCE N.85-
48'-00"W. 241.00 FEET; THENCEN.38-40'-00"W. 147.00 FEET; THENCE N.85-
48'-00"W. 241.00 FEET; THENCE N.38-40'-00"W. 63.00 FEET; THENCE
NORTHERLY IN A STRAIGHT LINE A DISTANCE OF 79.10 FEET TO A
POINT IN COUNTY LINE BETWEEN LAKE AND COOK COUNTIES, SAID
POINT BEING 349.14 FEET EAST OF THE CENTER LINE OF BUFFALO
GROVE ROAD (AS MEASURED ALONG SAID COUNTY LINE); THENCE
EAST ALONG SAID COUNTY LINE TO THE CENTER OF McHENRY ROAD;
THF.NCF.. SOUTHEASTERLY, ALONG THE CENTER -LINE OF MCHENRY
ROAD A DISTANCE OF 639.50 FEET MORE OR LESS TO THE PLACE OF
BEGINNING(EXCEPTING THAT PART THEREOF TAKEN AND USED, FOR
LAKE COOK ROAD, McHENRY ROAD AND BUFFALO GROVE ROAD), 1N
COOK COUNTY, ILLINOIS.
PIN: 03-04-I01-010
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 3.75-acre
tract (Parcel 2, Buffalo Grove Parcel, 0.486 acres; Parcel 1, Wheeling Parcel, 3.264
acres) at the southwest comer of Lake-Cook Road and Illinois Route 83.
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9T/ST nb:qi kF,_ 7T Am r�.
EXHIBIT "A"
Continued
PARCEL 2: - BUFFALO GROVE PARCEL
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF STATE
ROUTE # 83 AND THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SAID
SECTION 33, SAID POINT OF BEGINNING BEING 882.00 FEET WEST FROM
THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 33;
THENCE WEST ALONG SAID SOUTH LINE 428.60 FEET TO THE EAST LINE
OF FORMER SCHOOL LOT; THENCE NORTH ALONG THE EAST LINE OF
SAID SCHOOL LOT 108.00 FEET; THENCE EAST PARALLEL TO SAID
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 33,378.00 FEET TO TIME
CENTER LINE OF STATE ROUTE# 83; THENCE SOUTHEASTERLY ALONG
THE CENTER OF SAID ROUTE # 83, TO THE POINT OF BEGINNING
(EXCEPTING THEREFROM THAT PART FALLING IN LAKE-COOK ROAD
AND IN STATE ROUTE 4 83),IN LAKE COUNTY, ILLINOIS.
PIN: 15-33-300-037
and including
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11/24/07 16:00 FAX $474599692 VIL OF MELINC 422018
f)lsc�nnecr�nlAncLecat�na Parcel
Legal Description
THAT PART OF TITS NORTHWFST 114 OF SECTION 4, TOWNSHIP 42
NORTH, RA' GE 11. EAST OF THE THMD PRINCIPAL MEF DIAN
T30UNDED AID DESCRIBED AS FOLLOWS:BEGIWING AT TIM POINT OF
RN7ERSECTION GENERATED 13Y THE NORTH LENS OF THE NORTHWEST
1/4 OF SAID SECTIONRO 4UTCI63KN0 Y\iAS ►ti'IcHE$NR RO�°�D SA1DP TNT
LINE 0. STATE AID
BEING ON THE ARC OF A CIRCLE CONVEX TO TIM SOUTHWEST AND
I-IAVTNG A RADIUS OF 1377.69 FEET);THENCE SOUTHEASTERT Y ON Tf-E
ARC OF SAI D CIRCLE.FOR A DISTANCE OF 55.50 FccT TO A POINT WIIICH
IS THE POINT OF Teti CL•RSECTIONT GENERATED BY THE LAST DESCRIBED
LINE WITH THE NORTHEASTERLY PROLONGATION OF THE
NORTH%VF,STERLY LIME OF A PARCEL OF LAND CONVEYED TO THE
COUNTY OF COOK,A BODY POLITIC AND COR-PORA-rE, BY DOCUMENT
RECORDED ON APRIL 18, 1975 AS DOCUMMNT#23054841. T11=NCE S.59'-
23'-26"W.,ALONG'CI-IE LAST DESCRIBED LTE FOR A DISTANCE OF 125.00
FEET TO THE NORTHWEST COMNMR OF SAID PARCEL RECORDED AS
DOCUMENT #2305484I; T"rTF CONTINUING S.59°-23`-262'W., FOR A
DISTANCE OF 7336 TO A POINTT; THENCE- N.85'43-00"W, FOR THE
DISTANCE OF 364.06 TO A POI`i-T; THENCE N38°40'-00"W-_ FOR A
DISTANCE OF 63.00 FEET TO A POLN'T; THENCE NOW-00'-00"E. ON A
STRAIGHT L"uN1E FOR A DISTA_NTCE OF 79.10 TO A POINT IN TIRE COUNTY
LINE BETWEEN LAKE- AND COOK COUN-fiES (SAID POINT BETIIG 349.14
FEET EAST OF THE CENTER UNE OF BUFFALO GROVE ROAD, AS
MEASURED ALONG SAID COUNTY LINE);THENCE S_89'-37'-06"13,ALONG,
THE LAST DESCRIBED LINE,FOR A DISTANCE OF 464.31 FEET TO TM-
POINT OF BEG INNTIN G (EXCEPTING TIEREFROMI THAT PART THEREOF
FALLING WITITW THE RIGHT-OF-WAY OF LAKE COOK ROAD), ALL IN
COOK COUNTY,ILLINOIS.
Area of Pucc1 to bC Disconnected/Annexed is 1.6125 acres.
c.�oFsrc�w^ws�wroocsow�.•Yce�Nco�Krn�zs•.9nor��
15