2004-073 7/28/2004
ORDINANCE NO. 2004 - 73
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Buffalo Grove/Prairie LLC (original petitioner Insignia Homes)
East side of Prairie Road across from Chestnut Terrace
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village
of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said Annexation
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 Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part
hereof as Exhibit A, is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval. This Ordinance shall not be codified.
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AYES: 5 —Braiman, Glover, Berman Kahn Hartstein
NAYES: 0 -None
ABSENT: 2—Johnson , Trilling
PASSED: August 2,2004 APPROVED: August 2, 2004
ATTEST: APPROVED:
TV\- �' cz�e
Vffl'age Clerk 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
8/2/2004_B 1
ANNEXATION AGREEMENT
Buffalo Grove/Prairie,L.L.C.
Prairie Road Villas
East side of Prairie Road across from Chestnut Terrace
This agreement(hereinafter referred to as the "Agreement")made and entered into this 2nd
day of August,2004,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 Buffalo Grove/Prairie,L.L.C.,an Illinois
limited liability company (hereinafter referred to as "Owner" and as the"Developer").
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,the proposed development site is comprised of four parcels(hereinafter referred
to as the "Property") with a total area of 7.14 acres legally described and identified in the legal
description, attached hereto as Exhibit A made a part hereof,and which real estate is contiguous to
the corporate limits of the Village; and,
WHEREAS, Owner is the owner of the real property described in Exhibit A hereto; and,
WHEREAS,Buffalo Grove/Prairie,L.L.C. is hereinafter referred to as the Developer;and,
WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the
Property,is attached hereto as Exhibit B,which depicts a total area of 7.25 acres to be annexed;and,
WHEREAS, Developer desires and proposes pursuant to the provisions and regulations
applicable to the R-5 District with a Residential Planned Unit Development of the Village Zoning
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Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan
prepared by Groundwork,Ltd,and dated as last revised July 22,2004,and also a certain Preliminary
Engineering Plan prepared by Groundwork,Ltd. and dated as last revised July 22,2004,(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. Said development of the Property shall consist of 21 single-family
detached dwelling units, in accordance with the exhibits incorporated herein.
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 Agreement was submitted to the Corporate
Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS,pursuant to due notice and advertisement,the Plan Commission of the Village
has held a public hearing and made its recommendations with respect to the zoning, including a
Residential Planned Unit Development, 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 the Property to the Village and its zoning and development on
the terms and conditions herein set forth would further enable the Village to control the development
of the area and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
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1. Applicable Law. This Agreement is made pursuant to and in accordance with the
provisions of Section 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. The Owner's predecessor in title has filed with
the Village Clerk of the Village a proper petition pursuant to and in accordance with the provisions
of Section 5/7-1-8 of the Illinois Municipal Code(65 ILCS 5/7-1-8)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 Property to the Village.
It is understood and agreed that this Agreement in its entirety,together with the aforesaid petition for
annexation,shall be null,void and of no force and effect unless the Property is validly annexed to the
Village and is validly zoned and classified in the R-5 District with a Residential Planned Unit
Development, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities,within twenty-one
(21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter
referred to as the "Annexation Ordinance")annexing the Property 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. Within twenty-one (21) days after the passage of
the Annexation Ordinance,the Corporate Authorities shall enact an ordinance zoning the Property in
the R-5 District with a Residential Planned Unit Development subject to the restrictions further
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contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time
to time. Said zoning shall be further conditioned on the development of the Property in accordance
with the Preliminary Plan(Exhibits D and E)and the other exhibits attached hereto or incorporated
by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibits D and E) pursuant to the provisions of the Development Ordinance. The Corporate
Authorities agree to approve a Development Plan (including plats of subdivision) based on final
versions of the plans and drawings of the development of the Property as submitted by the Owner or
Developer provided that the Development Plan shall:
a) conform to the approved Preliminary Plan, and
b) conform to the terms of this Agreement and all applicable Village Ordinances
as amended from time to time; and
c) conform to the approved Development Improvement Agreement as amended
from time to time.
6. Compliance with A :)licable 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 of this Agreement shall not
be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property
similarly zoned and situated to the extent possible. 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
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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
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:
a) involves a reduction of the area set aside for common open space;
b) 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.
d
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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
users in the Village to the extent possible. Following such tap on, the Village agrees to provide to
the best of its ability and in a non-discriminatory manner water service to all users on the Property in
accordance with the Preliminary Plan. Watermains serving the Property and those approved as part
of the development shall be installed by the Developer and, except for service connections to the
buildings shall,upon installation and acceptance by the Village through formal acceptance action by
the Corporate Authorities,be dedicated to the Village and become a part of the Village water system
maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
a) The Corporate Authorities agree to cooperate with the Owner and Developer and
to use their best efforts to aid 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.
b) 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. Upon
installation and acceptance by the Village through formal acceptance action by the Corporate
Authorities,the Corporate Authorities agree to operate and maintain that portion of the storm sewer
system which serves multiple properties.The Developer agrees to operate and maintain that portion
of the storm sewer system located on the subject Property and not dedicated.
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. Pa went of Reca)ture 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.
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13. Securit for Public and Private Site Improvements. Security for public and private
site improvements shall be provided in accordance with the Development Ordinance, and the
Development Improvement Agreement (Exhibit C) as amended from time to time. Any letter of
credit issued for such improvements shall be drawn on a financial institution of net worth reasonably
satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the
Property provided that the letter of credit,either by its own terms or by separate written assurances of
the issuer,shall be honored irrespective of that interest. The Village shall have the right to draw up
to the full amount of the letter of credit in order to complete, and have formal acceptance of, all
improvements secured by the letter of credit.
14. Right of Way Dedication. The Owner and Developer acknowledge that it is the
intention of the Village and other involved agencies that at some time in the future Prairie Road will
be widened. At the request of the Village, but no later than upon approval of the first plat of
subdivision of any portion of the Property,Owner and Developer agree to dedicate land along Prairie
Road to provide a right-of-way of 60 feet from the center line.
15. Exhibits. The following Exhibits, some of which were presented in testimony
given by the Developer or the witnesses during the hearings held before the Plan Commission and
the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by
reference herein, made a part hereof and designated as shown below.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated July 27, 2004
EXHIBIT C Development Improvement Agreement
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EXHIBIT D Preliminary Plan (Site Plan) -dated as last revised July 22, 2004
(l 1x17-inch color and 24x36-inch blackline) by Groundwork, Ltd.
-EXHIBIT E Preliminary Engineering Plan dated as last revised July 22, 2004 by
Groundwork, Ltd.
EXHIBIT F Landscape Plan dated July 7, 2004 (Sheets 1 &2, 11 x 17-inch color
and 2406-inch blackline) by Pugsley& LaHaie, Ltd.
EXHIBIT G Site and Zoning Information Sheet dated July 9, 2004
EXHIBIT H Traffic Report dated as last revised July 1, 2004 by KLOA
EXHIBIT I Building floor plans and elevations (Unit 590) dated July 6, 2004 (5
sheets, I Ix17-inch color)by Bloodgood Sharp Buster
EXHIBIT J Building floor plans and elevations (Unit 591)dated July 6, 2004 (5
sheets, I Ixl7-inch color) by Bloodgood Sharp Buster
EXHIBIT K Building materials list(no date)-Palette 1,Unit 590,Elevation M by
Bloodgood Sharp Buster
16. Annexation Fee. Owner and Developer agrees to pay an annexation fee of$700.00
per dwelling unit, which fee shall be payable pro rata at issuance of building permits. This fee,
however, shall be paid in full prior to the expiration of this Agreement.
17. Building, Landscaping and Aesthetics Plans. Developer will submit final plans
concerning building appearance and landscaping at the time of application for the first building
permit for the Property. Portions of the Property 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
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enforce covenants or obligations of the 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 pond and drainage system and recreation area 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.
Any request for a patio or deck in excess of twenty percent(20%)of the rear yard area must
receive approval by the Association before any application to the Village.
The Declaration shall also provide that the Property shall be used and developed in
accordance with Village ordinances,codes and regulations applicable thereto,including ordinance(s)
enacted pursuant to this Agreement. The Declaration shall 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.
19. V_Tpject Models. The Village agrees to allow the Developer to construct and maintain
one model area on the Property,consisting of a maximum of one building,together with suitable off-
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street parking areas,all subject to Village approval. Such construction shall be in compliance with
the provisions of the Village's Building Code in effect at the time of building permit issuance. The
Developer may use the model only for marketing the Property. Such use shall be discontinued when
development of the Property as approved herein has been completed as determined by the Village.
20. Park District Donations. Owner and Developer agree to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park
donations. Developer agrees to make cash contributions to the Village for conveyance to the Buffalo
Grove Park District to fulfill the obligation of the Property concerning park donations.
21. School District Donations. Owner and Developer agree to comply with the provisions
of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school
donations. Developer agrees to make cash contributions to the Village for conveyance to School
Districts 103 and 125 according to the criteria of said Title. In the event that the Property is
transferred from School District 103 to School District 102, said payments shall be made to the
Village for conveyance to School District 102.
22. Conditions Concernin ,Parks and School Donations. It is understood and agreed that
rooms in the residential units labeled as dens, lofts, studies, libraries or bonus rooms on the floor
plans will be counted as bedrooms for the purposes of calculating park and school donations, if, in
the judgment of the Village,said rooms can be used as bedrooms.It is understood and agreed that the
per acre land value used to compute said cash contributions may be increased from time to time,and
cash contributions made at the time of building permit issuance shall be based on the land value in
effect at the time of permit issuance.
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23. Annexation to the Buffalo Grove Park District. The Owner and Developer shall
annex the Property to the Buffalo Grove Park District in accordance with the procedures set forth by
said Park District. Said annexation shall be completed prior to approval by the Village of the first
plat of subdivision of any portion of the Property.
24. Facilitation of Develg ment. 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.
25. Enforceability of the Agreement. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties 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.
26. 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.
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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.
27. 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.
28. Notices. Any notice required pursuant to the provisions of this Agreement shall be in
writing and be sent by certified mail to the following addresses until notice of change of address is
given and shall be deemed received on the fifth business day following deposit in the U.S. Mail.
If to Developer: Buffalo Grove/Prairie, L.L.C.
c/o Mr. Lawrence M. Freedman,Esq.
Ash, Anos, Freedman& Logan
77 N. Washington Street, Suite 1211
Chicago, IL 60602
Copy to: Mr. Lawrence M. Freedman, Esq.
Ash, Anos, Freedman& Logan
77 N. Washington Street, Suite 1211
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa,Esq.
Raysa&Zimmermann, Ltd.
22 S. Washington Ave
Park Ridge, IL 60068
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29. 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 the Owner. The Village agrees that the Owner as such is exculpated from
any personal liability or obligation to perform the commitments and obligations set forth herein and
that the Village will look solely to the Developer for such performance,except that to the extent that
the Owner or successor thereto shall become a developer or shall designate or contract with a
developer other than Insignia Homes.In that case,the Owner or the new designee shall be subject to
the liabilities,commitments and obligations of this Agreement. In the event the Developer defaults
in its obligations created under this Agreement,the Village may enforce such obligations against the
Property Owner.
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30. Litigation.
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 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.
31. Special Conditions.
a) Variations
(1) Zoning Ordinance
(a) Section 17.28.050.E.4.b. — To allow a north perimeter
boundary setback of 24 feet instead of 35 feet at the northeast corner of Unit#8.
(b) Section 17.40.020.B.—To allow a corner side yard of 10 feet
instead of 25 feet for Units#4, #12 and#17.
(c) Section 17.20.030.H.—To allow a front yard of 21 feet instead
of 25 feet for covered porches.
(2) Develotament Ordinance
(a) Section 16.50.040.C.4.—Concerning the design of the
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stormwater retention facility(pond):to allow a side slope of greater than 5:1 to create
terracing,and to waive the requirement for a 12-foot wide flat area at the high-water
line around the perimeter of the pond.
(3) Fence Code
(a) Section 15.20.040.—To allow a 6-foot high board-on-board
fence around the perimeter of the cellular antenna tower and equipment building
pursuant to Exhibits D and E.
b) Cell tower use and removal—Developer has represented that the existing
cellular communications tower located on the Property as depicted on Exhibit D is subject to a lease
which has been extended through May 7,2009.Developer and Owner shall take all necessary action
to ensure termination of said lease on or before May 7, 2009. Said tower and accessory structure
shall be allowed to remain on the Property as a non-conforming use until the termination of said
lease.The tower and accessory structure shall be maintained in a safe condition until removal at the
termination of said lease. In the event that use of the tower and accessory structure ceases prior to
expiration of said lease, said tower and accessory structure shall be removed from the Property
immediately. Developer or successor owner of said tower is responsible for removal of the tower
and accessory structure. Developer shall post a demolition bond (in an amount determined by the
Village) with the Village for the cost of said removal of the tower, building, fence and ground
facilities.If said tower and other structures are not removed by the Developer or successor owner as
required by this Paragraph, the Village shall have the right to remove same using the demolition
bond.
c) Cellular tower area re-use—After removal of the cellular tower and accessory
structure,the lease area shall be redeveloped as a common open space area,including by not limited
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to lawn grasses and parkway trees, in accordance with plans approved by the Village. The
homeowners' association for the Property shall establish a fund to accomplish said redevelopment.
d) Overhead Utilities—Developer shall relocate the existing overhead utilities to
the new east right-of-way line of Prairie Road including any poles lying south of the development
where relocation is required to install the required improvements.Any underground improvements
which are in conflict with any planned improvements shall also be relocated as needed.
e) Easements—Developer shall acquire the necessary drainage easements
and construct a northerly offsite storm sewer or swale from the Property to a point of adequate
outlet,all as determined by the Village. In the event that the Developer fails to secure this easement
after reasonable efforts (as determined by the Village), the Village shall use its best efforts to
expedite acquisition of said easement.
0 Tree protection and landscaping—Developer shall obtain approval of the
Village Forester prior to any site grading or removal or relocation of trees on the Property. A
final landscaping plan shall be submitted for review and approval by the Village Forester prior to
application for a building permit.
g) School District boundaries—Developer shall, at the request of the Village,
file the necessary petitions to transfer the property from School District 103 to School District 102.
h) Real estate transfer tax—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. The
Property shall be considered to be in the Village upon passage of the annexation ordinance by
Corporate Authorities.
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i) Addresses—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 and Developer shall use said Village address(es)in place of current
address(es) assigned by Lake County. Owner or Developer 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.
j) Fire District Reimbursement—Owner shall deposit with the Village the
amount necessary to reimburse the Village for any real estate tax payments made or to be made by
the Village to the Lincolnshire-Riverwoods Fire Protection District concerning the Property pursuant
to Public Act 91-307(70 ILCS 705/20).Said deposit,as determined by the Village,shall be made by
the Owner within sixty(60) days of the date of this Agreement.
k) Well and septic facilities-All water wells and septic sewer facilities on the
Property shall be properly sealed or pumped and filled as required by the Illinois Department of
Public Health and as approved by the Village Health Officer. Any underground tanks shall be
removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing of
wells, septic facilities and underground tanks shall be completed on a schedule as directed by the
Village.
1) Removal of buildin s—All buildings, structures (not including the cellular
communications tower and equipment building),vehicles and other materials on the Property shall
be removed prior to any development.If the Village determines,in the period prior to development,
that structures or other objects need to be removed from the Property to prevent health or nuisance
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problems, Developer shall comply pursuant to the Village's direction.
m) Siggs—Any signs proposed for the Property are subject to the provisions of
the Village Sign Code and are not approved by this Agreement.
n) Construction access-Access to the Property for construction vehicles,
including construction workers' personal vehicles, shall be via Prairie Road,not Avalon Drive.
o) Chestnut Terrace barrier —If the Village determines that a barrier is necessary
at the northern terminus of Chestnut Terrace, Developer shall install a barrier as approved by the
Village at the direction of the Village.
IN WITNESS WHEREOF,the Corporate Authorities,Owner and Developer have caused this
instrument to be executed by their respective proper officials duly authorized to execute the same on
the day and the year first above written.
VILLAGE OF BUFFALO GROVE
By_ .`.._m
ELLIOTT HARTSTEIN,Village President
ATTEST:
By 'TY1 .
LLAGE CLERK
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OWNER: Buffalo Grove/Prairie, L.L.C.,
an Illinois limited liability company.
By
DEVELOPER: Buffalo Grove/Prairie, L.L.C.,
an Illinois limited liability company
By �.�.
This document prepared by:
Robert E. Pfeil
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
21
EXHIBIT A
Buffalo Grove/Prairie,L.L.C.
East side of Prairie Road across from Chestnut Terrace,Buffalo Grove, IL
Parcel 1: Lot 1 in Bauer's Acres Subdivision in the west half of the northeast quarter of Section 21,
Township 43 North,Range 11 East,of the Third Principal Meridian,according to the plat thereof,
recorded August 20, 1956 as Document 920084,in Book 1437,Page 360,in Lake County,Illinois;
and
Parcel 2:Lot 2(except the north 92 feet of the west 474 feet thereof)in Bauer's Acres Subdivision in
the west half of the northeast quarter of Section 21,Township 43 North,Range 11 East,of the Third
Principal Meridian,according to the plat thereof,recorded August 20, 1956 as Document 920084,in
Book 1473,Page 360, in Lake County, Illinois; and
Parcel 3:That part of Lot 2 in Bauer's Acres Subdivision in the west half of the northeast quarter of
Section 21, Township 43 North, Range 11 East, of the Third Principal Meridian, according to the
plat thereof,recorded August 20, 1956 as Document 920084,in Book 1473,Page 360,described as
follows: commencing at a point on the west line of Lot 2 aforesaid, 130 feet north of the southwest
corner of Lot 2; thence east parallel with the north line of said Lot, 474 feet; thence north parallel
with the west line of said Lot,92 feet to the north line of said Lot 2;thence west along the north line
of said Lot 2,474 feet to the northwest corner of said Lot 2;thence south to the point of beginning,
in Lake County, Illinois; and
Parcel 4: All that part of the west half of the northeast quarter of Section 21, Township 43 North,
Range 11 East of the Third Principal Meridian described as follows:beginning at a point on the west
line of said west half of the northeast quarter 945.3 feet north of the southwest corner thereof;thence
north on said west line 130 feet;thence easterly with a northeasterly angle of 88 degrees,49 minutes,
from said west line 576.9 feet to the westerly right-of-way line of the Soo Line Railway; thence
southeasterly on said right-of-way line 138.73 feet; thence westerly 627.5 feet to the point of
beginning, in Lake County,Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.14 acres on the east
side of Prairie Road across from Chestnut Terrace.
PIN: 15-21-200-017
PIN: 15-21-205-001
PIN: 15-21-205-002
PIN: 15-21-205-003