2004-091 ORDINANCE NO.2004- 91
AN ORDINANCE APPROVING A LICENSE AGREEMENT
FOR GOLFVIEW TERRACE DETENTION BASIN
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,LAKE and
COOK COUNTIES,ILLINOIS,as follows:
Section 1. The License Agreement for Golfview Terrace Detention Basin,
attached hereto as Exhibit A.be and hereby is approved.
Section 2. The Village President and Village Clerk are hereby authorized to
execute said License Agreement.
Section 3. If any section, paragraph, clause or provision of this ordinance
shall be held invalid, the invalidity thereof shall not affect any other provision of this
ordinance.
Section 4. This ordinance shall be effective upon its passage and approval.
This ordinance shall not be codified.
AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling
NAPES: 0 — None
ABSENT: 0 — None
PASSED: Se tember 13 2004.
APPROVED: September 13 2004,
APPROVED:
Village President
ATTEST:
illage Clerk
G:\ENGINEER10rd&Res10rd04-1.doc
9/09/2004—WGR
LICENSE AGREEMENT
FOR
GOLFVIEW TERRACE DETENTION BASIN
THIS AGREEMENT is entered into this " ' day off i3
2004, by and between 313 W. DUNDEE DEVELOPMENT, LLC. (hereafter"Grantee") and the
VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation(hereinafter"Grantor");
RECITALS
WHEREAS, the Grantor is the owner of the real property legally described in
Exhibit A hereto (hereafter"Grantor's Property"); and
WHEREAS, located on the Grantor's Property is a storm water detention basin
which is sometimes referred to as the Golfview Detention Basin; and
WHEREAS, the Grantee is the owner of the real property legally described in
Exhibit B hereto (hereafter "Grantee's Property") which real property is located immediately
east of the Grantor's Property; and
WHEREAS, the Corporate Authorities of the Village of Buffalo Grove by
Ordinance No. 2003-71 approved a Preliminary Plan for Grantee's Property to construct a one-
story office building with an area of 12,000 square feet which was further identified as a Medical
Office Building at 313 Dundee Road(hereafter the "Development"); and
WHEREAS, the Grantee has requested permission of the Corporate Authorities of
the Grantor to utilize a portion of the Grantor's Property(hereafter"Licensed Area', as shown
on the plans attached hereto and made a part hereof as Exhibit C, for storm water detention due
to the prohibitive cost of providing an on-site vault on Grantee's Property; and
WHEREAS, the Village Engineer and the Village Forester have reviewed
the Grantee's proposed preliminary design and landscaping as set forth on Exhibit C and
have found the proposed use and preliminary plans to be acceptable to the Village of
Buffalo Grove and not disruptive to the function of the Grantor's Property; and
WHEREAS, the plans attached as Exhibit C hereto are preliminary plans
and it is understood and agreed that final plans will need to be prepared by Grantee for
review and approval by the Grantor(hereafter"Final Village Approved Plans").
NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set
forth and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, it is agreed hereby as follows:
I. Incorporation of Recitals. The above and foregoing recitals are incorporated in this
section by this reference and incorporated herein and made a part hereof as though fully set forth
and duplicated here in toto.
II. Grant of License. The Grantor hereby conveys, without Warranty of Title and without
grant of any possessory estate or interest or rights in the Licensed Area, unto the Grantee, its
successors and assigns, a non-exclusive license (hereinafter referred to as "License") in the
nature of an incorporeal hereditament, for the purposes of permitting storm water drainage from
Grantee's Property onto Grantor's Property , which License is conveyed, however, subject to the
following additional terms, covenants, and conditions:
A. Upon the execution of this Agreement, the Grantee shall pay the Grantor a
licensing fee in the sum of$10,000 for the Initial Term of this Agreement.
B. This License shall only be applicable for storm water from and on account of
Grantee's Property and only if Grantee's Property is used and constructed in accordance with the
Development approved by Village of Buffalo Grove Ordinance No. 2003-71.
C. That Grantee shall improve Grantee's Property and Grantor's Property in
conformance with the Final Village Approved Plans. Grantee shall maintain (in a manner
satisfactory to the Grantor) the landscaping and improvements (as reflected on the Final Village
-2-
Approved Plans), on the Grantee's Property and Grantor's Property for the term of this
Agreement. Said maintenance shall include, but not by way of limitation, mowing and fertilizing
the grass on said properties. If Grantee fails to provide said maintenance, Grantor may, subject to
the notice provisions of paragraph III.B. hereof, perform said maintenance at Grantee's cost.
D. Grantee shall at all times, and under all circumstances, indemnify, protect, and
save harmless the Grantor, its officials, employees, independent contractors, other grantees,
licensees, agents, lessees and invitees, from and against any and all damages, losses, claims,
demands, actions and causes of action whatsoever (including any costs, expenses and reasonable
attorneys' fees which may be incurred in connection therewith), whether or not the claim,
demand, or action asserted be meritorious, which results from or is alleged to arise out of or in
connection with this Agreement and/or the use of the Licensed Area by the Grantee; provided,
however, that in the event any such claim, damage, loss, demand, action, or cause of action is
asserted against the Grantor, or its agents, Grantor shall furnish Grantee with written notification
thereof. No settlement or compromise of any such claim, damage, loss, demand, action or cause
of action against Grantor shall be made unless first agreed to by Grantor.
E. Grantor shall not be liable to Grantee, its grantees, licensees, agents, lessees, or
invitees for any damage or injuries (including death) to any person or to any of their properties
except to the extent that injuries or damages are caused by the willful or malicious misconduct
of Grantor.
III. Term—Cancellation—Termination.
A. Provided the Grantee does not breach its agreements herein contained, this
License will remain in full force and effect from January 1, 2005 through December 31, 2024
("Initial Term"). Thereafter this License may be renewable for twenty(20) year increments with
a License fee as established by the Grantor.
B. It is understood however, this Agreement shall be null and void and the License
granted hereby shall be deemed cancelled and of no further force and effect in the event the
Grantee breaches any one or more of its agreements herein contained, and fails to cure such
breach within thirty (30) days after written notice from Grantor to Grantee specifying the nature
-3-
of such breach (unless the breach involves a hazardous.or emergency condition, which shall be
cured immediately), provided, however, if the nature of the breach is such that it cannot
reasonably be cured within such thirty (30) day period, then Grantor may allow Grantee
additional time to cure such breach as long as Grantee diligently prosecutes the same to
completion.
C. Upon termination hereof, whether by exhaustion of time or cancellation, the
Grantee shall leave the Licensed Area in a neat, clean, and orderly condition including
restoration of the top soil and restoration of the ground to its elevation and condition at the time
of execution hereof.
IV. Notices.
A. Any Notice required to be given pursuant to this Agreement shall be deemed to
have been given when written and mailed via United States certified mail, return receipt
requested, addressed:
If to the Grantee: 313 W. Dundee Development, LLC.
C/o Mr. Peter Lewis
125 S. Wheeling Road
Wheeling, IL. 60090
with a copy to:
Richard Crane
Law Offices of Richard A. Crane, Ltd.
707 Skokie Blvd., Suite 600
Northbrook, IL. 60062
If to Grantor:
Village Manager, with a copy to the Village Clerk; Each addressed to:
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
with a copy to:
William Raysa
Raysa&Zimmermann, LLC.
22 South Washington
Park Ridge, IL 60068
-4-
B. Any Parry hereto may change the place and/or person listed above and/or add
persons to the above list for the giving of Notices by Notice given ten (10) days prior to the
effective date of such change.
V. Recording- Successors
This Agreement shall not be filed for recordation with the Cook County Recorder of Deeds. This
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors in interest.
VI. Certification
The Grantee certifies hereby that it is not barred from entering into this License Agreement as a
result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement
to be executed by their proper officers, thereunto duly authorized and their respective seals to be
hereto affixed, this / 3 t day of G I o h e 2004.
313 W. Dundee Development, LLC. Village of Buffalo Grove,Illinois
By. �� - By:
Its Village President
Attest: =OFFicKL SM Attest:
7Wyi1TE OF ILLtMw�iiES�N1?106
(Seal) Village Clerk (Seal)
This document prepared by: William G Raysa
Raysa & Zimmerman
22 South Washington St.
Park Ridge, IL 60068
After Recording Mail to: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
-5-
Exhibit A
Grantor's Property
COMMENCING AT THE NORTHWEST CORNER OF SECTION 9, TOWNSHIP 42 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE THEREOF,
AN ASSUMED BEARING OF NORTH 900 00' 00" EAST, 100.00 FEET; THENCE SOUTH 00° 00' 00"
EAST, 50.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 900 00' 00"WEST, 90.00 FEET;
THENCE SOUTH 000 00'00" EAST, 270.00 FEET; THENCE SOUTH 130 18'48" EAST, 140.00 FEET;
THENCE NORTH 740 17' 55" EAST, 60.00 FEET; THENCE NORTH 000 00' 00"WEST, 390.00 FEET TO
THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS
NO PIN
-6-
Exhibit B
Grantee's Property
PART OF LOT 1, LOT 2 (EXCEPT THE EAST 100 FEET OF LOT 2), LOT 71 (EXCEPT THE EAST 100
FEET THEREOF), LOT 72 (EXCEPT THE EAST 100 FEET THEREOF)ALL IN DUN-LO HIGHLANDS,
BEING A SUBDIVISION OF THE WEST HALF OF THE NORTHWEST QUARTER(EXCEPT THE
SOUTH 25 ACRES THEREOF) IN SECTION 9, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT RECORDED OCTOBER 15, 1946, AS
DOCUMENT 13916670, IN COOK COUNTY, ILLINOIS
PIN: 03-09-102-001
03-09-102-010
03-09-102-012
-7-