1991-033 ORDINANCE NO. 91-
FIFTH AMENDMENT TO
THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE
(VILLAGE GREEN PARCEL)
WHEREAS, the Village of Buffalo Grove (the "Village") is a
Home Rule Unit by virtue of the provisions of the Constitution of
the State of Illinois of 1970; and
WHEREAS, Buffalo Grove Town Center Partnership, an Illinois
limited partnership ("BGTCP") is the owner of a certain tract of
property comprising approximately 1.5169 acres, legally described
in Exhibit "A" attached hereto, which exhibit is made a part hereof
(hereinafter referred to as the "Village Green Parcel ") and which
Village Green Parcel is within the corporate limits of the Village;
and
WHEREAS, the Village Green Parcel was zoned in the Village of
Buffalo Grove by Ordinance No. 86-61, dated November 3, 1986 (the
"PUD Ordinance") (recorded as Document No. 2519102) , which zoned
the Village Green Parcel as part of a Planned Unit Development in
the B-5 District; and
WHEREAS, the PUD Ordinance has previously been amended. The
first amendment being Ordinance No. 88-89 dated September 19, 1988
(recorded as Document No. 2727429) which ordinance approved 92
condominium dwelling units in two buildings of four stories over
parking, and 18 townhouse dwelling units. The second amendment
being Ordinance No. 89-47 dated May 22, 1989 (recorded as Document
No. 2796968) which ordinance approved 88 condominium dwelling units
022891/SFS0452/50452AM5.PUD
in two buildings and 63 townhouse dwelling units. The third
amendment being Ordinance No. 90-65 which ordinance allowed a
revision of the Approved Preliminary Plan to allow construction of
a medical office to be opened by the Michael Reese Health Plan.
The fourth amendment being Ordinance No. 90-71 which ordinance
allows the construction of a post office facility instead of a
senior citizen housing.
WHEREAS, the Village desires to have conveyed to it by BGTCP,
the Village Green Parcel, and BGTCP desires to convey the Village
Green Parcel to the Village, subject to certain terms and
conditions set forth in that certain Warranty Deed (the "Deed")
attached hereto as Exhibit "B" and made a part hereof; and
WHEREAS, in order to satisfy the requirements of the PUD
Ordinance, the Village and BGTCP entered into that certain Covenant
and Easement Agreement dated as of February 20, 1989 (the "Covenant
Agreement") (recorded as Document No. 2773239) ; and
WHEREAS, after the conveyance of the Village Green Parcel to
the Village, the Village has agreed that it will be the
responsibility of the Village to maintain the Village Green Parcel
and BGTCP shall be released from any and all obligations to
maintain the Village Green Parcel as now set forth in the PUD
Ordinance and in the Covenant Agreement; and
WHEREAS, the President and Board of Trustees, after due and
careful consideration have concluded that the amendment of the PUD
Ordinance, the amendment of the Covenant Agreement in the form of
Exhibit "C" attached hereto and made a part hereof (the "Amended
022891/SFS0452/50452AM5.PUD 2
Covenant Agreement") would best serve the interests of the Village;
and
WHEREAS, the President and Board of Trustees of the Village
(sometimes hereinafter referred to as the "Corporate Authorities")
do hereby find that the evidence presented meets the requirements
for the amendment of a Planned Unit Development and for the
amendment of the Covenant Agreement.
NOW, THEREFORE, BE IT ORDAINED by the President and the Board
of Trustees of the Village of Buffalo Grove, Cook and Lake
Counties, Illinois, as follows:
1. Applicable Law. This Ordinance is made pursuant to and
in accordance with the Village's Zoning Ordinance and the Village's
Home Rule powers. The preceding whereas clauses are hereby made a
part of this Ordinance.
2. Enactment of Zoning Ordinance. The Corporate Authorities
hereby adopt a proper, valid and binding ordinance approving this
amendment to the Planned Unit Development for the Village Green
Parcel.
3 . Approval of Execution of Covenant and Easement Agreement.
The Corporate Authorities hereby approve the execution and delivery
by the Village of the Amended Covenant Agreement.
4 . Acce tance of Villa e Green Parcel,. The Corporate
Authorities hereby approve the acceptance of the Village Green
Parcel and agree to release BGTCP from any and all obligations
whatsoever with respect to the maintenance of the Village Green
022891/SFS0452/S0452AM5.PUD 3
Parcel and to release BGTCP from any obligation to indemnify the
Village for any acts occurring at the Village Green Parcel.
5. Amendment to PUD Ordinance. The following amendments to
the PUD Ordinance are hereby adopted: (a) The third sentence to
the variation of 16.50. 070.D. of the Buffalo Grove Development
Ordinance set forth in Section 21.A of the PUD Ordinance is hereby
amended to read as follows:
"The Developer hereby indemnifies the Village for any and
all liability to any third party for personal injury or
property damage and of any other responsibility for any public
improvement within the development other than Lot 5 in Buffalo
Grove Town Center Unit 3 (the "Village Green Parcel") .
(b) Section 21.D of the PUD Ordinance is hereby amended to
read as follows:
"Upon request of the Village, the 1� acre Village Green
parcel as shown on Exhibit C-1 shall be dedicated to the
Village by warranty deed and after such dedication by
Developer to the Village, said parcel and improvements shall
be maintained solely by the Village and the Developer shall
have no further obligations whatsoever to maintain the Village
Green parcel".
(c) Section 21 J. (1) of the PUD Ordinance is hereby deleted
in its entirety.
(d) Section 21 J. (2) of the PUD Ordinance is hereby amended
by deleting the period at the end of the first sentence of such
section and inserting the following:
" except for the Village Green Parcel. "
(e) Section 21 J. (3) of the PUD Ordinance is amended by
deleting the period at the end of the sentence and inserting the
following:
", except for the Village Green Parcel. "
022891/SFS0452/S0452AM5.PUD 4
6. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be
codified.
AYES: 5 - Reid . Shifrin Mathias O'Malley, Rahn
NAYES: 0 - None
ABSENT: 1 - Marienthal
PASSED: March 4 1991
APPROVED: March 4. 1991
APPROVED:
Village President
ATTEST:
022891/SFSO452/SO452AM5.PUD 5
EXHIBIT "A"
Lot 5 in Buffalo Grove Town Center Unit 3, being a
subdivision of Part of the Southwest Quarter of Section
33, Township 43 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof
recorded April 20, 1990 as Document 2898129 in Lake
County, Illinois.
022891/SFSO452/SO452AM5.PUD 6
EXHIBIT C �'r !
FIRST AMENDMENT TO COVENANT AND EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO COVENANT AND EASEMENT AGREEMENT (the
"First Amendment") , made this day of , 1991 by
and between THE VILLAGE OF BUFFALO GROVE, an Illinois municipal
corporation, whose address is 50 West Raupp Boulevard, Buffalo
Grove, Illinois 60089 (hereinafter referred to as the "Village") and
BUFFALO GROVE TOWN CENTER PARTNERSHIP, an Illinois limited
partnership (hereinafter referred to as "BGTCP") .
WITNESSETH:
WHEREAS, the Village and BGTCP entered into that certain
Covenant and Easement Agreement dated as of February 20, 1989 and
recorded as Instrument No. 2773239 with the Office of ' the Recorder
of Lake County, Illinois (the "Covenant Agreement") ; and
WHEREAS, the parties hereto desire to reflect that BGTCP has
conveyed to the Village by warranty deed the real estate described
in Exhibit "A" attached hereto and made a part hereof (the "Village
Green Parcel") ;
WHEREAS, the parties hereto desire to set forth that as a
result of such conveyance of the Village Green Parcel, BGTCP has no
further obligations whatsoever to maintain the Village Green Parcel.
NOW, THEREFORE, in consideration of the foregoing and for the
SUM of Ten Dollars ($10 . 00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, BGTCP and the Village covenant and agree as follows:
1. The foregoing whereas clauses are hereby made a part of
this Covenant.
010291/simon/SO452COV.ESE
2. Section 3 of the Covenant Agreement is hereby deleted in
its entirety and the Village acknowledges that BGTCP has no further
obligations whatsoever to maintain the Village Green Parcel or any
structures thereon.
3. All terms not otherwise defined herein shall have the
meanings ascribed to such terms in the Covenant Agreement.
4. Except as otherwise modified by this First Amendment, the
Covenant Agreement shall continue in full force effect.
BUFFALO GROVE TOWN CENTER
PARTNERSHIP, an Illinois
limited partnership
By: BUFFALO GROVE ASSOCIATES,
an Illinois limited partnership
By: BGI, INC. , an Indiana
corporation
By:
VILLAGE OF BUFFALO GROVE, an
Illinois municipal corporation
By:
ATTEST: Village President
This document prepared by and mailed to: William G. Raysa,
Bloche, French & Raysa, P.C. 1140 Lake Street, Suite 400,
Oak Park, Illinois 60301
111990/simon/SO452COV.ESE 2
STATE OF ILLINOIS )
SS:
COUNTY OF COOK )
it , a Notary Public in and for said County,
in the State aforesaid, do hereby certify that
, personally known to me to be the of the Village of
Buffalo Grove, an Illinois municipal corporation and
, personally known to me to be the Village Clerk of the said
Village of Buffalo Grove, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledge
that as such President and Village Clerk, they signed and delivered
said instrument as President and Village Clerk of the Village of
Buffalo Grove, as their free and voluntary act, for the free and
voluntary act of said Village of Buffalo Grove for the uses and
purposes therein set forth.
Given under my hand and official seal this day of
1991.
Notary Public
My Commission Expires:
My County of Residence:
031191/simon/SO452COV.ESE 3
STATE OF INDIANA )
SS:
COUNTY OF MARION )
I, a Notary Public in and for said
County, in the State aforesaid, do hereby certify that
of Buffalo the of BGI, Inc. , the general partne
falo Grove Associates, an Illinois limited partnership
("BGA") , the general partner of Buffalo Grove Town Center
Partnership, an Illinois limited partnership, personally known to
me to be the same person whose name is subscribed to the foregoing
instrument appeared before me this day in person and acknowledged
that he signed and delivered said instrument as his free and
voluntary act for and on behalf of the corporation as general
partner of BGA, as general partner of the partnership for the uses
and purposes therein set forth.
Given under my hand and official seal this day of
► 1991.
Notary Public
My Commission Expires:
My County of Residence:
031191/simon/SO452COV.ESE 4
e
EXHIBIT B
WARRANTY DUE
THIS INDENTURE WITNESSETH, that BUFFALO GROVE TOWN dENTER
PARTNERSHIP, a limited partnership duly organized and existing
under and by virtue of the laws of the State of Illinois (the
"Grantor") for and in consideration of one Dollar ($1. 00) and other
good and valuable considerations, the redleipt and sufficiency of
which is acknowledged, GRANTS, BARGAINS AND CONVEYS TO THE VILLAGE
OF BUFFALO GROVE, ILLINOIS ("Grantee") And whose address is 50
Raupp Boulevard, Buffalo Grove, Illinois 60059 , the following
described real estate ("Real Estate") , to wit:
Lot 5 in Buffalo Grove Town Centet7 Unit 3, being a
subdivision of Part of the Southwest Quarter of ,ection
33 , Township 43 North, Range 11 East of the Third
Principal Meridian, according to the plat thereof
recorded April 20, 1990 as Document 2898129 (the "Plat")
in Lake County, Illinois
Permanent Tax Numbers 153330073, 153 30074 and 1533300075
The Real Estate is subject (1) to all easement:, conditions,
claims and restrictions on the public r4ouurLls including without:
limitation such easements set forth on the Plat of Buffalo Grove
Town Center Unit 3 (2) rights or claims cf parties in possession,
boundary line disputes, overlays, encroachments and any other
matters not shown on the public records which would be disclosed by
an accurate survey and inspection of the Real Estate and (3) all
installments for real estate taxes for 1990 and all installments
for real estate taxes due and payable thereafter.
Grantor warrants the title to the Real Estate only against its
own acts, and none other, and only agai st the lawful claims of
persons or entities claiming by, through or under Grantor, and none
other.
IN WITNESS WHEREOF, said Grantor cau es its name to be signed
to these presents by its duly authorized cfficial, this _ day of
BUFFALO GROVE TOWN CENTER
PARTNERSHIP ,
an Illinois limited partnership
By; BUFFAIP GROVE ASSOCIATES,
an 111 nois limited partnership
By: EGI, INC. , an
Indiana corporation,
eneral partner
Y:
Attest:
v
STATE OF INDIANA )
SS:
COUNTY OF MARION )
Before me a Notary Public in and for slid county and the State
aforesaid, do hereby certify that and
the and
of 8GI, INC. , an l diana corporation and a
general partner of auFFALO GROVE ASSOCIAT •S, an Illinois limited
partnership, and a general partner of aU FALO GROVE TOWN CENTER
PARTNERSHIP, an Illinois limited partners- ip, who are personally
knnwn to re to be the same persons whose names are subscribed to
the foregoing instrument as sucn orri-ce s u-L tw�l= :��yru�--- �� ►
appeared before -e this day in person and acknowledged that they
signed, sealed and delivered they said instrument as their own free
and voluntary act and as the free and voluntary dut of said
Corporation and Limited Partnership, for the uses and purposes
therein set fortis.
WITNESS my hand and Notarial seal this day of
1g
Notary Public
My Commission Expires:
County of Residence:
Future Taxes to:
Return this document to:
(g) The rule of ejusdem generis shall not be applicable
herein to limit a general statement, which is followed by or
referable to an enumeration of specific matters, to matters similar
to the matters specifically mentioned.
(h) The provisions of this agreement are intended to be for
the sole benefit of the parties hereto, and their respective
successors and assigns, and none of the provisions of this
agreement are intended to be, nor shall they be construed to be,
for the benefit of any third party.
(i) This agreement shall be construed without regard to any
presumption or rule requiring construction against the party
causing such instrument to be drafted.
24. Attorney's Fees. In the event of a default hereunder, the
non-defaulting party shall be entitled to recover, in addition to
all other damages allowed at law or in equity, all costs and
expenses, including, without limitation, reasonable attorney s
fees, incurred in connection with the enforcement hereof.
25. Escrow Closing. At the election of Owner or Grantee upon
notice to the other party of not less than five (5) days prior to
the time of closing, the sale of the Real Estate shall be closed
through an escrow with the Title Company, in accordance with the
general provisions of the usual form of deed and money escrow
agreement then in use by the Title Company, with said special
provisions inserted in the escrow agreement as may be required to
conform with this Agreement. Upon the creation of said escrow,
payment of the Purchase Price less any Option Money paid to the
Owner as of such date, and delivery of the special warranty deed
shall be made through such escrow. The cost of such escrow shall be
divided equally between Owner and Grantee.
26. Authority. The Grantee hereby represents and warrants to
Owner (which representation and warranty shall survive the closing
of this transaction) that Grantee has full power and authority to
execute and deliver this agreement; and that all necessary action
for entering into this option has been taken and done by Grantee.
030491/SF50452/op[ionpo.Pur 9
rW�
EXECUTED AND DELIVERED by Owner and accepted by Grantee as of
this day of , 19,.. .
BUFFALO GROVE TOWN CENTER
PARTNERSHIP, an Illinois
general partnership
By: BUFFALO GROVE ASSOCIATES,
an Illinois limited
partnership, its general partner
By: BGI, INC., its
general partner
By:
"Owner"
VILLAGE OF BUFFALO GROVE
By:
Attest: ,
�Kti�� - 1.YlnAKw+w'L
"Grantee"
030491/SFS0452/0ptimPO.Pur 10