1997-067 • , I ,/
rf ,
7/17/97
4141034
Filed for Record in:
LAKE COUNTY, IL
MARY ELLEN VANDERVENTER - RECORDER
On Ma yy 29 1998
At 2:56pa
Receipt #: 109724
Doc/Type : ORD
Deputy - Cashier #1
ORDINANCE NO. 97- 67
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Congregation B'Nai Shalom
(3.2-acre parcel west of 701 W. Aptakisic Road)
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 on said Annexation _..
Agreement and Zoning has been given and a 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.
O`
S
Section 3. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
AYES: 6 - Marienthall Reid RubinBraimanl Hendricks Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: September 2 1997 APPROVED: Se2tember 2, 1997
ATTEST: APPROV
r -
_Villa1<er , - :�;� = SIDNEY H. MATHIAS, Village President
�� .
a
VILLAGE OF BUFFALO GROVE
50 RAUPP BLVD.
BUFFALO GROVE, IL 60089
7
0 4
i f
8/28/97
CONGREGATION B'NAI SHALOM
(3.2-acre parcel west of B'Nai Shalom facility at 701 W. Aptakisic Road)
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1 . Applicable Law 2
2. Agreement: Compliance and Validity 3
3. Enactment of Annexation Ordinance 3
4. Enactment of Zoning Ordinance . . . . . . 3
5. Approval of Plans 4
6. Compliance with Applicable Ordinances 4
7. Amendment of Plan 5
8. Building Permit Fees. . . . . . . 5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanitary Sewer Provisions 6
11. Drainage Provisions 7
12. Payment of Recapture Fees Owed . . . . . . . . . . 7
13. Security for Public and Private Site Improvements . . . . . . 8
14. Right of Way Dedication 8
15. Exhibits. 8
16. Annexation Fee 9
17. Building, Landscaping an,d Aesthetics Plans . . . . . . . . . . 9
18. Declaration of Covenants Conditions and Restrictions. . 9
19. Park and School District Donations. . . . . . . . . . . . . . . . 10
20. Facilitation of Development, 11
21 . Enforceability of the Agreement 11
22. Term of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 11
23. Binding Effect of Agreement 11
24. Corporate Capacities , , , , , , , , , , , , , , , , , , , , . . . . 12
25. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
26. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27. Litigation. 13
28. Special Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
41410 34
t (3.2 Acre Parcel West of 701 W Aptakisic)
Annexation Agreement
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Subject Property
8/28/97
CONGREGATION B'NAI SHALOM
(3.2-acre parcel west of B'Nai Shalom facility at 701 W. Aptakisic Road)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 2nd day of September, 1997, 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
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Authorities") and the Congregation B'Nai Shalom, an Illinois not-for-profit corporation
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 3.2166 acres legally described and identified
in the Legal Description, which is attached hereto as EXHIBIT A, which exhibit is made
a part hereof and which real estate is contiguous to the corporate limits of the Village;
and,
4141034
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts
a total area of 3.2166 acres to be annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the Residential Estate District of the Village Zoning Ordinance
to annex the Property to the Village.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1996) 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 their recommendations with respect to
the requested zoning classification of the Residential Estate District; 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:
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
2
4.2,+.'-102.4
(Chapter 65, Illinois Compiled Statutes 1996) 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 has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance with
provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois
Compiled Statutes 1996) 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 Residential Estate District, all as contemplated in this Agreement.
3.a Enactment of Annexation Ordinance The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact a valid
and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing
the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake
County Recorder's Office along with the Plat of Annexation (attached hereto as
EXHIBIT B). Recording shall take place no more than thirty (30) days after enactment
of Annexation Ordinance.
4. Enactment of Zoning Ordinance Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper,
valid and binding ordinance, zoning the Property in the Residential Estate District
3
41412-0 4
Y
subject to the restrictions further contained herein and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time.
5. Approval of Plans. Prior to development of the Property, Owner shall
submit for Village approval, a Preliminary Plan (including Preliminary Engineering), a
Development Plan and plats of subdivision pursuant to requirements of the Buffalo
Grove Development Ordinance, the Buffalo Grove Zoning Ordinance and all other
applicable Village regulations. 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.
Phasing of the development of the Property, if any, shall be in accordance with
applicable Village ordinances, and shall conform to the phases of the development as
shown on the approved Preliminary Plan.
6. Compliance with Applicable Ordinances The Owner agrees 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. Owner, in the development of the Property, shall comply with the standards
4
414-10A
1
set forth in the Village of Buffalo Grove Development Ordinance as amended from time
to time.
7. Amendment of Plan If the Owner desires to make changes in the
Preliminary Plan, the parties agree that such changes in 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, at 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 in 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; nor (b) increases by more than two percent (2%) the
floor area proposed for nonresidential use; nor (c) 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 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
5
4141,0 A
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development from time to time. Owner shall pay any non-discriminatory new or
additional fees hereinafter charged by the Village to an owner of property within the
Village.
9. Water Provision. The Owner shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer which points
shall be identified on the Preliminary Engineering Plan submitted by the Owner for
approval by the Village. The Owner agrees to pay to the Village fees in accordance
with the applicable Village Ordinances at the time of the issuance of the water and
sewer permits. The Owner 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 Engineering Plan. Watermains serving
the Property and those approved as part of the development shall be installed by the
Owner, 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
to use their best efforts to aid Owner in obtaining such permits from governmental
6
141.0 ,4
ID
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 Owner shall construct on-site and off-site sanitary sewers as may be
necessary to service the Property, and said sewers shall be identified on the
Preliminary Engineering Plan submitted by the Owner for approval by the Village. 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 Owner 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 Owner shall also construct any storm sewers on the Property
which may be necessary to service the Property, and said sewers shall be identified on
the Preliminary Engineering Plan submitted by the Owner for approval by the Village.
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 public streets, and the Owner agrees to
operate and maintain that portion of the storm sewer system located on the subject
Property and not dedicated, and shall record a covenant to that effect within thirty (30)
days of the recording of the Plat of Subdivision.
11. Drainage Provisions The Owner shall fully comply with any request of
the Village Engineer related to the placement of buildings on lots, to preserve drainage
7
43 1-00A
standards. The Owner 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. Payment of Recapture Fees Owed Recapture for sanitary sewer shall
include all downstream sewers to which the Property is tributary, notwithstanding the
fact that the Property may not be specifically noted in the benefit area in the recapture
ordinance of record. Said recapture shall be paid no later than the approval of the first
plat of subdivision for the Property.
13. Security for Public and Private Site Improvements Security for public and
private site improvement: shall be provided in accordance with the Development
Ordinance. 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 acknowledges that it is the intention
of the Village and other involved agencies that at some time in the future Aptakisic
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 agrees to dedicate
such additional right-of-way along Aptakisic Road as may be required by the Lake
8
414_11 0�4
County Division of Transportation.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner 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. This Agreement, upon execution by the parties, together with copies of all
EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to
the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated July 17, 1997 by Gary L. Kolba,
Henderson and Bodwell
16. Annexation Fee. In the event that the Property is developed for
residential.use, Owner agrees to pay an annexation fee of$700.00 per dwelling unit
which fee shall be payable prorata 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 Owner will submit building
and landscaping plans (which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission and the Corporate
Authorities before commencing construction of buildings. Lighting and signage shall be
compatible with surrounding areas as approved by the Appearance Commission.
Phases not under construction or completed shall be maintained in a neat and orderly
9
414103-4
lb
fashion as determined by the Village Manager.
18. Declaration of Covenants Conditions and Restrictions. If the Village
determines that the Property is to be subject to a to a declaration of covenants,
conditions and restrictions ("Declaration") it shall include but not by way of limitation a
provision whereby the Village shall have the right, but not the obligation, to enforce
covenants or obligations of the Owner or owners of the Property as defined and
provided within 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
or owners 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 management areas and drainage
system, as identified on the Preliminary Engineering Plan submitted by the Owner for
approval by 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.
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1
19. Park and School District Donations. In the event that the Property is
developed for residential use, Owner agrees to comply,with the provisions of Title 19 of
the Buffalo Grove Municipal Code as amended from time to time regarding park and
school donations. Owner agrees to make cash contributions to the Village to fulfill the
obligations of the Property concerning park and school donations. 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.
20. Facilitation of Development Time is of the essence of this Agreement,
and all parties will make every reasonable effort to expedite the subject matters hereof.
It is further understood and agreed that the successful consummation of this Agreement
and the development of the Property in the best interests of all the parties requires their
continued cooperation. The Owner does hereby evidence its intention to fully comply
with all Village requirement, its willingness to discuss any matters of mutual interest that
may arise, and its willingness to assist the Village to the fullest extent possible. The
Village does hereby evidence its intent to always cooperate in the resolution of mutual
problems and its willingness to facilitate the development of the Property, as
contemplated by the provisions of this Agreement.
21. Enforceability of the Agreement This Agreement shall be enforceable in
any court of competent jurisdiction by any of the parties or by an appropriate action at
law or in equity to secure the performance of the covenants herein described. If any
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provision of this Agreement is held invalid, such provisions shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any of the provisions
contained herein.
22. Term of Agreement This Agreement is binding on all parties and the
Property for a term of twenty (20) years from the date of the execution of this
Agreement by the Village. This Agreement shall not be assigned without prior written
consent of the Village.
23. Binding Effect of Agreement This Agreement is binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
24. 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.
25. 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 Owner: Mark Silverberg
Congregation B'N'ai Shalom
701 W. Aptakisic Road
Buffalo Grove, IL 60089
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Copy to:
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
26. Default.
A. In the event Owner defaults, in its performance of its obligations set
forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty
(60) days to cure default or provide evidence to the Village that such &fault will be
cured in a timely manner if it cannot be cured during said during said period. If Owner
fails to cure such default or provide such evidence as provided above, then, with notice
to Owner, the Village may begin proceedings to disconnect from the Village any portion
of the Property upon which development has not been completed. In such event, this
Agreement shall be considered to be the petition of the Owner to disconnect such
portion of the Property.
27. Litiaation
A. The Owner, at its cost, shall be responsible for any litigation which
may arise relating to the annexation, zoning and development of the Property. Owner
shall cooperate with the Village in said litigation but Owner's counsel will have principal
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responsibility for such litigation.
B. The Owner 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.
C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for
which the Owner is responsible.
28. Special Conditions
A. All buildings and structures (including fences) on the Property
prior to annexation to the Village shall be removed within one (1) year from the date of
annexation. If the Village so directs, Owner shall allow the Village to use said buildings
and structures for fire training purposes. Owner shall remove the remains of said
buildings and structures from the Property within thirty (30) days of demolition. The
Village shall provide an appropriate hold harmless and indemnity agreement to the
Owner concerning said use of the Property for fire training purposes.
B. It is understood and agreed that the Owner has not submitted a
Preliminary Plan or Preliminary Engineering Plan as required by the Village
Development Ordinance. Notwithstanding that the Property has been annexed with
zoning in the Residential Estate District, any use of the Property is subject to approval
by the Corporate Authorities in their sole discretion. The Property shall remain vacant
after removal of the buildings and structures as set forth in Paragraph 29.A. of this
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Agreement until such time as the Owner petitions and receives approval by the Village
for development of the Property.
IN WITNESS WHEREOF, the Corporate Authorities and Owner 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 G VE "
By
S EY H. MATT IAS, PRESIDENT
AT
\TTE$ `''
,.
c
,VILLAGE CLERK
OWNER: CONGREGATION 'NAI SHALOM
ATTEST:
By
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
15
I�
EXHIBIT A
Legal Description
CONGREGATION B'NAI SHALOM EDUCATIONAL CENTER
Aptakisic Road west of B'Nai facility at 701 W. Aptakisic Road
That part of the northwest quarter of Section 29, Township 43 North, Range 11
East of the Third Principal Meridian described as follows: The northerly 500.00
feet, as measured along the easterly line thereof, of the easterly 280.24 feet, as
measured along the northerly line thereof, of the following described overall parcel:
The east half of the east half of the east half of the east half of the north half of
the northwest quarter of Section 2.9 together with the west half of the east half of
the east half of the east half of the north half of the northwest quarter of Section
29, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake
County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 3.2-acre
tract on the south side of Aptakisic Road west of the existing B'Nai Shalom
building at 701 W. Aptakisic Road.
4-11110, 4
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