2005-024 co16773 { �
!III II I li ill i I�li li lii ! I ii i I
5/2/2005 FILED FOR RECORD BY:
NARY ELLEN VANDERVENTER
LAKE COUNTY s IL REC:ORDV R
r17/14/2005 - 11:34:46 A.M.
RECEIPT A: 23.
DRAWER 24
ORDINANCE NO. 2005 - 24
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Glenbrook Properties
Fairview Estates
East side of Weiland Road south of Pauline Avenue
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 Bul Palo
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: 6—Braiman Glovdr, Berman Kahn Trilling,Rubin
NAYES: 0—None
ABSENT: 0—None
PASSED: May 2,2005 APPROVED: May 2,2005
ATTEST: APPROVED:
Vb�e 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
t
After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
5/2/2005
ANNEXATION AGREEMENT
Glenbrook Properties
Fairview Estates
East side of Weiland Road south of Pauline Avenue
Table of Contents
Page
1. Applicable Law. ..............................................................................................3
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 Provision. ........................................................................................7
12. Security for Public and Private Site Improvements. ........................................7
13. Right of Way Dedication.......................... .......................................8
14. Exhibits. .........................................................................................................8
15. Annexation Fee. ............................................................................................ 10
16. Building, Landscaping and Aesthetics Plans................................................. 10
17. Declaration of Covenants Conditions and Restrictions ................................ 11
18. Project Models.............................................................
19. Park District Donations ............................................................................... 12
20. School District Donations.............................................................................. 12
21. Library District Donations ............................................................................ 12
22. Conditions concerning Park, School and Library Donations......................... 12
23. Facilitation of Development ......................................................................... 13
24. Enforceability of the Agreement.................................................................... 13
25. Term of Agreement. ...................................................................................... 13
26. Corporate Capacities. .................................................................................... 14
27. Notices .......................................................................................................... 14
28. Default. .......................................................................................................... 14
29. Litigation. ...................................................................................................... 15
30. Special Conditions ........................................................................................ 16 ,
5/2/2005
ANNEXATION AGREEMENT
Fairview Estates/Glenbrook Properties
East side of Weiland Road south of Pauline Avenue
This agreement (hereinafter referred to as the "Agreement") made and entered into this 2"d
day of May,2005,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 Glenbrook Properties,LLC(hereinafter referred to as
"Owner") and Glenbrook Properties, LLC (hereinafter referred to as "Developer").
WITNES SETH:
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 7.07 acres legally described and identified in the Legal Description,attached
hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate
limits of the Village; 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 7.845 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
Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan
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prepared by Groundwork, Ltd. and dated as last revised January 24, 2005, and also a certain
Preliminary Engineering Plan prepared by Groundwork, Ltd. and dated as last revised January 24,
2005, (hereinafter jointly referred to as "Preliminary Plan") a copy of which Preliminary Plan is
attached hereto as Exhibits D, E and E-1 and incorporated herein, and subject to all other exhibits
attached hereto or incorporated by reference herein. Said development of the Property shall consist
of 26 single-family detached dwelling units.
WHEREAS, pursuant to the provisions of Section 5111-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5111-15.1-1 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 requested zoning
classification in the R-5 District with 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 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.
Except as set forth in Paragraph 28.a)hereof, no portion of the premises shall be
disconnected from the Village without the prior written consent of its Corporate Authorities.
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
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the R-5 District with a Residential Planned Unit Development subject to the restrictions further
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,E and E-1)and other exhibits attached hereto or incorporated
by reference herein.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibits D,E and E-1)pursuant to the provisions of the Development Ordinance. The Corporate
Authorities agree to approve a Development Plan (including a plat 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 Applicable 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
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. Buildinp,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
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properties within the Village.
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-1 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 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
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sewers as may be necessary to service the Property,in accordance with Exhibit E-1. 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-1. 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. Sec ily for Public and Private Site Im rovements. Security for public and private
site improvements shall be provided in accordance with the Development Ordinance, and the 1
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Development Improvement Agreement (Exhibit C) as amended from time to time. The 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.
13. Right of Wgy 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 Weiland Road
and Pauline Avenue will be widened, including intersection improvements. 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 additional right-of-way along Weiland Road to provide a right-of-way of
65 feet from the center line, along Pauline Avenue to provide a right-of-way of 40 feet from the
centerline and the appropriate right-of-way radius at the intersection of Weiland Road and Pauline
Avenue.
14. Exhibits. The following Exhibits, some of which were presented in testimony
given by the Owner and 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 May 2, 2005
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EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated January 24, 2005 by Groundwork, Ltd
EXHIBIT E, E-1 Preliminary Engineering Plan dated January 24, 2005 (Preliminary
Site Grading Plan and Preliminary Civil Engineering Plan) by
Groundwork,Ltd
EXHIBIT F Tree Survey Inventory dated December 6, 2004 by Pugsley &
LaHaie, Ltd.
EXHIBIT G Tree Survey dated January 21, 2005 by Christopher B. Burke
Engineering, Ltd.
EXHIBIT H Preliminary Landscape Plan (Sheets 1 and 2) dated as last revised
January 31,2005 by Pugsley& LaHaie Ltd.
EXHIBIT I Fence Depiction and Preliminary Elevation(2 sheets)dated January
24, 2005 by Groundwork, Ltd.
EXHIBIT J Site and Zoning Information sheet dated January 24, 2005 by
Groundwork, Ltd.
EXHIBIT K Traffic Analysis dated November 9, 2004 and update letter dated
January 31, 2005 by Kenig, Lindgren, O'Hara,Aboona, Inc.
EXBHIBIT L Building Elevations(blackline drawings,8 sheets, 11x17-inch)dated
as last revised February 23, 2005 by Groundwork, Ltd.
EXHIBIT M Building Elevations — Color Palettes 1 through 6 dated January 24,
2005 (6 sheets, 8 %2 by 11-inch) by Groundwork, Ltd.
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EXHIBIT N Building Floor Plans—Villa A,B, C and C-2 (4 sheets, 11 x 17-inch)
dated January 24, 2005 by Groundwork, Ltd.
EX1 IBIT O Preliminary Exterior Building Materials List - Color Palettes 1
through 6 dated January 24, 2005 (6 sheets, 8 '/2 x 11-inch) by
Groundwork,Ltd.
EXHIBIT P Intersection Design Study dated April 5, 2005 by KLOA, Inc.
concerning improvements to Weiland Road and Pauline Avenue
EXHIBIT Q Gazebo design(2 sheets) dated March 9 and 17, 2005
EXHIBIT R Scope of cost sharing items concerning improvements to Weiland
Road and Pauline Avenue
15. Annexation Fee. Developer agrees to pay an annexation fee of$700.00 per dwelling
unit,which fee shall be payable pro rats at issuance of building permits. This fee,however,shall be
paid in full prior to the expiration of this Agreement.
16. 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.
Prior to approval of the first plat of subdivision for the Property,the Developer shall submit
three new exterior building elevations,floor plans and building materials list in addition to the six
elevations, floor plans and materials depicted in Exhibits L, M, N and O this Agreement. All
elevations,floor plans and building materials,including the three additional building elevations and
plans and the building elevations and plans depicted in Exhibits L, M,N and 0 of this Agreement
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are subject to review and approval by the Village.
17. 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
enforce covenants or obligations of the Owner,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 retention pond and drainage system,the gazebo,the recreation area and
the bikepaths located on the Property as depicted on Exhibits D, E and E-1. 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 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
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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.
18. Project Models. The Village agrees to permit the Developer to construct and maintain
one model area on the Property, consisting of a maximum of one building, with suitable off-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 models only for marketing the Property. Such use shall be discontinued when
development of the Property as approved herein has been completed.
19. Park District Donations. Developer agrees 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.
20. School District Donations. Developer agrees 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 102
and 125 according to the criteria of said Title.
21. Library District Donations.Developer agree to comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding library donations.
22. Conditions Concerning Parks School and Libra,g Donations. It is understood and
agreed that rooms in the residential units labeled as dens,lofts,studies or libraries on the floor plans
will be counted as bedrooms for the purposes of calculating park,school and library donations,if,in
the judgement of the Village, said rooms can be used as bedrooms. It is understood and agreed that
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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.
23. Facilitation of Develo.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.
24. 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 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.
25. 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.
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 4
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Property.
26. 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.
27. 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: Terry Barnett
Glenbrook Properties, LLC
20389 N. Weiland Road
Prairie View, IL 60069
Copy to: Mr. George Maurides, Esq.
George Maurides & Assoc.
2 North La Salle Street, Suite 1800
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, LLC
22 S. Washington Ave
Park Ridge, IL 60068
28. 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
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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 or approved assignee 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 Glenbrook Properties,LLC .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.
29. 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 j
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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 then current Owner or then current 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.
30. Special Conditions.
a) Variations — The following variations are hereby granted as depicted on
Exhibits D, E and E-1.
(1) Zoning Ordinance
(a) Section 17.28.050.E.4.b. — To allow a perimeter boundary
setback of 25 feet instead of 35 feet for buildings#1, #12 and#26.
(b) Section 17.40.020.B.—To allow a corner side yard of 12 feet
instead of 25 feet for buildings #19 and#21.
(2) Development Ordinance
(a) Section 16.50.040.C.4. — Concerning the design of the
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 18 inches above the high-water line around the
perimeter of the pond and to allow a minimum pond depth of less
than 15 feet;
(b) Section 16.50.070.D.2— To allow a cul-de-sac right-of-way
radius of 55 feet instead of 60 feet;
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(c) Section 16.50.120.I.Le—To allow parkway trees to be located
in front yard areas instead of the parkway adjacent to the cul-de-sac.
b) 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.The Developer shall pay cash pursuant to Section 16.50.120.C.6 of
the Village Development Ordinance for the value of trees that are removed and not replanted on the
Property. The Village shall designate, in its sole discretion, the trees that are subject to said cash
payment and the amount of said payment to be paid by the Developer.
c) 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.
d) Removal of buildin s-All buildings,structures,vehicles and other materials
on the Property shall be removed prior to any development,except that the Owner/Developer shall
be allowed to continue to occupy and use the building (labeled as"metal industrial steel frame"on
the plat of survey dated October 21,2004) on the east half of Lot 4, known as 20389 N. Weiland
Road for a period of ninety(90) days from the date of recording of the first plat of subdivision for
any portion of the Property.Notwithstanding the foregoing,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 problems, Developer shall comply pursuant to the Village's direction.
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e) Environmental assurances—Developer shall provide documentation, in a
form acceptable to the Village,concerning compliance with state and federal regulations pertaining
to environmental assessment and site remediation prior to approval of a plat of subdivision by the
Village for any portion of the Property.
f) Construction access-Access to the Property for construction vehicles,
(including construction workers' personal vehicles), delivery vehicles and materialmen vehicles
("construction traffic"), shall be via Weiland Road. Said construction access on Weiland Road shall
be located on Lot 4 (southern most parcel) of the Property and in compliance with Lake County
Division of Transportation access permit requirements. Developer shall install signs as directed by
the Village to regulate construction traffic.
The Developer shall be allowed to use the segment of Pauline Avenue west of the proposed
residential street to be constructed on the Property for construction traffic after Pauline Avenue is
widened to a two-way section as required by this Agreement.Developer shall inform all contractors
and materialmen involved in development of the Property that construction traffic and equipment is
not allowed to use Pauline Avenue east of the proposed residential street for access to the Property.
The Developer shall ensure that construction traffic and equipment and the personal vehicles of
workers involved in the development of the Property are not parked on adjacent properties or any
residential streets adjacent to the Property.
g) 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 the
Corporate Authorities.
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h) 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.
i) 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 Long Grove Fire Protection District concerning the Property pursuant to Section
705/20 of the Illinois Fire Protection Act (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.
j) Security Interest Affecting Title—Owner represents and warrants that the
only mortgagee,lien holder or holder of any security interest affecting title to the Property or any part
thereof is First Midwest Bank. First Midwest Bank by its written approval of this Agreement
acknowledges that this Agreement is superior to its security interest in the Property.
k) Road im rovements_The Developer shall be responsible for constructing
the roadway and traffic signal improvements to the Weiland Road and Pauline Avenue intersection
as shown in the Intersection Design Study ("IDS"), as approved by the Lake County Division of
Transportation and attached hereto and made a part hereof as Exhibit P.
In as much as the improvements to Weiland Road and Pauline Avenue include a public
benefit, the Village shall share 50 percent of said costs with the Developer, up to a maximum
payment of$208,000.00 by the Village.Allowable costs(asset forth in Exhibit R attached hereto),,--i
r
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shall include: the Intersection Design Study (IDS); design engineering up to eight (8) percent of
intersection costs; construction engineering up to twelve (12) percent of intersection costs; and
physical intersection construction.
The Village Engineer shall monitor and observe subcontractor bidding for all work
concerning the Weiland Road/Pauline Avenue intersection improvements (excluding minimum
Development Ordinance requirements) and shall make a determination of fair and competitive
pricing. All fair and competitive costs shall be approved by the Village Engineer.
The Village's share of said roadway improvement costs shall be provided as credits to the
Developer at the time of issuance of building permits, up to a maximum of$208,000.00. Eligible
fees subject to credits shall include: Building permit fees,water tap-on fees,sewer tap-on fees,water
system capital improvement fees, and a portion of the engineering review and inspection fee.
1) Signs—Any signs proposed for the Property are subject to the provisions of
the Village Sign Code and are not approved by this Agreement.
m) Fencin —No fencing is allowed on the Property other than the perimeter
fencing depicted on Exhibits D, H and I. Privacy screening for patios and decks shall be allowed
pursuant to the Village Fence Code.
n) Bike ath access easement—Owner shall provide a public access easement on
the final plat of subdivision for the bikepaths depicted on Exhibit D.
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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 �r'�"'
ELLIOTT HART TEIN, Village President
ATTEST:
B 2e4),-1 .�VtLAGE CLERK
OWNER: Glenbr perties, LLC
By
DEVELOPER: Glen roperties, LL
FIRST MIDWEST BANK
By
This document prepared by: Robert E.Pfeil,Village Planner&William G.Raysa,Village Attorney
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, EL 60089
t
` s
EXHIBIT A
Glenbrook Properties/Fairview Estates
East side of Weiland Road south of Pauline Avenue
Parcel 1: The north 130.0 feet of the east 60 rods of the north 80 rods of the west half of
the southeast quarter of Section 33, Township 43, North, Range 11 East of the Third
Principal Meridian, lying east of the centerline of the public road, in Lake County,
Illinois; and
Parcel 2: Lots 1, 2, 3, & 4 in Prairie View Acres Subdivision, being a subdivision in that
part of the southeast quarter of Section 33, Township 43 North, Range 11 east of the
Third Principal Meridian in Lake County, Illinois according to the plat thereof recorded
December 9, 1955 as Document Number 891499 in Book 1405 of Records, Page 196 in
Lake County, Illinois.
PIN 15-33-400-001
PIN 15-33402-018
PIN 15-33402-019
PIN 15-33-402-020
PIN 15-33-402-021
t
y j
VRIAGE OF
BUFFALO GROVE
Fifty Raupp Blvd.
Buffalo Grove,IL 60089-2100
Phone 847-459-2500
Fax 847-459.0332
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK )
I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting
Village Clerk of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original copy of documents in my
custody. Attachments of Exhibits C-Q are not included with this document.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
Village of Buffalo Grove aforesaid, at the Village, in the County and State aforesaid, this
14th day of July, 2005.
r
,14ZIPI
Village Clerk
By
eputy Village Clerk
LOCATION MAP -- FAIRVIEW ESTATES
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SEC Weiland Road & Pauline Avenue
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100 0 3W T
Site 150 50 150 H
Prepared by Bile Village of Buffalo Grove—Division of Planning Services,10/13104
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