1995-100 10/13/95
ORDINANCE NO. 95- 100
AN ORDINANCE APPROVING A PRE-ANNEXATION AGREEMENT
FOR THE TWIN RINKS ICE PAVILION
East side of Weiland Road north of the Abbott Business Center
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 a pre-annexation agreement; and,
WHEREAS, proper and due notice of the public hearing concerning said pre-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 pre-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 pre-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.
AYES: 5 - Marienthal, Rubin, Braiman, Hendricks, Glover
NAYES:_0 - None ABSENT: 0 - None . 1 - Reid
ABSTAIN•
PASSED: October 16, 1995 APPROVED: October 16 1995
i
ATTEST: AP VE
Village Clerk SIDNE MATHIAS, Village President
EXHIBIT A
Twin Rinks Ice Pavilion
SUBJECT PROPERTY LEGAL DESCRIPTION:
PART 01 TH ORTHEAST QUARTER OF SECTION 28, AND THE NORTHWEST i
QUARTER OF SECTION 27, TOWNSHIP 43 NORTH. .RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 6 IN
BLOCK 3 OF FRILLMAN PARK, A SUBDIVISION RECORDED JULY 1 , 1887 AS
DOCUMENT NUMBER 35931 . IN BOOK "A" OF PLATS.
A
COUNTY. ILLINOIS. AND THE EASTERLY RIGHT OF WAY LINE3OF LAKE
ROAD (FORMERLY BUFFALO GROVE ROAD OR FRILLMAN AVENUE ) : THENCE
SOUTH 12 DEGREES 18 MINUTES 39 SECONDS WEST ALONG THE SAID
EASTERLY RIGHT OF WAY LINE OF WEILAND ROAD 213. 93 FEET FOR A
POINT OF BEGINNING: THENCE NORTH 89 DEGREES 32 MINUTES 30 SECONDS
EAST ALONG A LINE 1247. 58 FEET (MEASURED PERPENDICULARLY ) NORTH
OF AND PARALLEL WITH THE SOUTH LINE OF NORTHEAST QUARTER OF
AFORESAID SECTION 28 . A DISTANCE OF 396. 04 FEET:
DEGREE 41 MINUTES 07 SECONDS EAST 444. 32 FEET: THENCE SOUTH o1
DEGREES 31 MINUTES 50 SECONDS EAST ALONG A • LINENC363. 93THFEE86
T
( MEASURED PERPENDICULARLY ) NORTH OF AND PARALLEL WITH THE NORTH
LINE OF LOT 5 IN ABBOTT BUSINESS CENTER SUBDIVISION- BEING A
SUBDIVISION OF PART OF SAID NORTHWEST QUARTER OF SECTION 27 AND
SAID NORTHEAST QUARTER OF SECTION 28. RECORDED JULY 9 . 1991 AS
DOCUMENT NUMBER 3038077- A DISTANCE OF 340. 23 FEET TO A POINT ON
A LINE 30. 00 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF THE
WISCONSIN CENTRAL LTD. RAILROAD '(FORMERLY SOO LINE RAILROAD ) ;
THENCE SOUTH 18 DEGREES 39 MINUTES 00 SECONDS EAST ALONG SAID
PARALLEL LINE A DISTANCE OF 366. 67 FEET: THENCE SOUTH 71 DEGREES
21 MINUTES 00 SECONDS -WEST PERPENDICULAR TO THE LAST DESCRIBED '
COURSE 38. 50 FEET TO THE NORTHEAST CORNER OF LOT 5 ; THENCE SOUTH
86 DEGREES 31 MINUTES 50 SECONDS WEST ALONG THE NORTH LINE OF
SAID LOT 5 A DISTANCE OF 342. 33 FEET TO THE SOUTHEAST CORNER OF
LOT 2 IN SAID ABBOTT BUSINESS CENTER SUBDIVISION:
THENCE
DEGREES 46 MINUTES 10 SECONDS WEST ALONG THE EASTERLY LIINEH OF
SAID LOT 2 A DISTANCE OF 312- 62. FEET TO THE NORTHEAST CORNER OF
SAID LOT 2: THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST
ALONG A LINE 754. 66 FEET (MEASURED PERPENDICULARLY ) NORTH OF AND
PARALLEL WITH THE SOUTH -LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 28 . BEING ALSO THE NORTHERLY LINE OF LOTS 1 AND 2 IN SAID
ABBOTT BUSINESS CENTER A DISTANCE OF 557.86 FEET TO A POINT ON
THE EASTERLY RIGHT OF WAY LINE OF SAID WEILAND ROAD AS WIDENED BY
TRUSTEE'S DEED RECORDED JULY 4. 1982 AS DOCUMENT #2168098 AND AS
SHOWN ON PLAT RECORDED MARCH 27. 1986 AS DOCUMENT #2429787;
THENCE NORTH 14 DEGREES 04 MINUTES 37 SECONDS EAST ALONG SAID
EASTERLY RIGHT OF WAY LINE 36. 90 FEET TO A POINT OF CURVATURE:
THENCE NORTHERLY 383. 96 FEET ALONG SAID EASTERLY RIGHT OF WAY
LINE. BEING THE ARC OF CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 2904 . 79 FEET WITH A CHORD BEARING OF NORTH 10 DEGREES
17 MINUTES 25 SECONDS EAST A DISTANCE OF 383. 68 FEET TO A BEND
POINT; THENCE NORTH 12 DEGREES 18 MINUTES 39 SECONDS EAST ALONG
SAID EASTERLY RIGHT OF WAY LINE 82. 28 FEET TO ' THE POINT OF
BEGINNING, ALL IN LAKE COUNTY. ILLINOIS.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.93-acr
side of Weiland Road north of Abbott Court. a tract on the east
r
10/12/95
TWIN RINKS ICE PAVILION
East side of Weiland Road north of Abbott Business Center
Annexation Agreement
Table of Contents
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . 3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . 4
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . 4
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . 5
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanitary Sewer Provisions . . . . . . . . . . . . . . . . . 7
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . 8
13. Security for P uhlic & Private Site Improvements. . . . . . . . . . . 8
14. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . 9
15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
16. Building, Landscaping & Aesthetics Plans . . . . . . . . . . . 10
17. Annexation to Buffalo Grove Park District. . . . . . . . . . . . . 10
18. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . 10
19. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . 11
20. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
21 . Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . 11
22. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
23. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25. Environmental Indemnification. . . . . . . . . . . . . . . . . . . . . . 13
26 Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
27. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
TWIN RINKS ICE PAVILION
East Side of Weiland Rd, north of Abbott Business Center
Annexation Agreement
Location Map
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Area to be Annexed
10/12/95
TWIN RINKS ICE PAVILION
East side of Weiland Road north of Abbott Business Center
PRE -ANNEXATION AGREEMENT
This agreement(hereinafter referred to as the "Agreement") made and entered into
this 16th day of October, 1995, 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
CHICAGO TITLE AND TRUST COMPANY as Trustee under Trust No. 1100412 dated
December 13, 1994 ("Ice Pavilion parcel") and COLE TAYLOR BANK as Trustee under
Trust No. 77-238 dated June 10, 1977 ("Parking parcel") (hereinafter jointly to referred to
as "Owners").
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, Chicago Title and Trust Company under Trust No. 1100412 is the
owner of a certain tract of property comprising 5.07 acres ("Ice Pavilion parcel") legally
described and identified as part of the Property 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,
WHEREAS, Cole Taylor Bank under Trust No. 77-238 is the owner of a certain tract
of property comprising 2.86 acres ("Parking parcel") legally described and identified as part
of the Property in the Legal Description attached hereto as EXHIBIT A; and,
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WHEREAS, the "Ice Pavilion parcel" and the "Parking parcel" together are
hereinafter sometimes referred to as the "Property" which is totally legally described in
EXHIBIT A attached hereto; and,
WHEREAS, a Plat of Annexation of the Property is attached hereto as EXHIBIT B,
which depicts a total area of 7.93 acres to be annexed; and,
WHEREAS, Ice Associates, L.L.C., an Illinois Limited Liability Company is the
beneficiary of Chicago Title and Trust Company No. 1100412, and Ice Associates
proposes to acquire ownership of the "Parking parcel" thereby owning all of the Property;
and,
WHEREAS, Ice Associates as owner of the entire Property will function as
"Developer" of the Property and as "Developer" desires and proposes pursuant to the
provisions and regulations applicable to the Industrial District of the Village Zoning
Ordinance, with a Special Use for an indoor ice rink facility, to develop the Property in
accordance with and pursuant to a certain Preliminary Plan prepared by the Alter Group
and dated September 5, 1995, and also Preliminary Engineering Plan prepared by
Spaceco, Inc. and dated as last revised August 21, 1995, (hereinafter jointly referred to as
"Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS D and
GROUP EXHIBIT E and incorporated herein, and subject to all other exhibits attached
hereto or incorporated by reference herein. Said development of Property shall consist of
an indoor ice rink facility of 65,716 gross square feet, a seating capacity of 1,080 persons
and 315 outdoor parking spaces.
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
Municipal Code ( Chapter 65, Illinois Compiled Statutes, 1994) and as the same may have
been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was
2
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 Industrial District with a Special Use and requested
variations of the Village Zoning Ordinance and Development 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:
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 (Chapter 65,
Illinois Compiled Statutes, 1994) 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 Owners have filed with the Village
Clerk proper petitions pursuant to and in accordance with provisions of Section 517-1-8 of
the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 1994) 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
3
force and effect unless the Property is validly annexed to the Village and is validly zoned
and classified in the Industrial District with a Special Use, all as contemplated in this
Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the fulfillment and completion of the requirements set forth in
Special Conditions Paragraph 27.K. of this Agreement 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 Industrial District with a Special Use
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
(EXHIBIT D and GROUP EXHIBIT E) and other exhibits attached hereto or incorporated
by reference herein. It is hereby agreed that the uses allowed on the Property are as set
forth in EXHIBIT G-1 and in EXHIBIT I, and all other EXHIBITS attached hereto.
5. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBIT D and GROUP EXHIBIT E) pursuant to the provisions of the Development
Ordinance. The Corporate Authorities agree to approve a Development Plan (including
4
plats of subdivision) based on final versions of the plans and drawings of the development
of the Property as submitted by the 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 Developer 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.
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.
7. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, 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
5
no such changes (a) increases by more than two percent (2%) the floor area proposed for
nonresidential use; or (b) increases by more than two percent (2%) the total ground area
covered by buildings.
8. Building Permit Fees. The building permit fees may be increased from time
to time so long as said permit fees are applied consistently to all other developments in the
Village to the extent possible. In the event a conflict arises between the 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. Developer
shall pay any non-discriminatory new or additional fees hereinafter charged by the Village
to any other developer or property 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
be extent shown on EXHIBIT E-3 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
6
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 sewers as may be necessary to
service the Property, as per EXHIBIT E-3. 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 on the Property in question any
storm sewers which maybe necessary to service the Property, as per EXHIBITS E-2 and
E-3. 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 public
streets, or multiple properties, 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
7
record a covenant to that effect within thirty (30) days of the recording of the Plat of
Subdivision.
C. EXHIBIT E-2 attached hereto states that storm water detention, as required
by the Development Ordinance, shall be provided off-site from the Property in the existing
storm water detention facility in the Abbott Business Center. Prior to plat approval by the
Village for any portion of the Property, Developer shall provide written documentation to
the Village verifying that the Developer has the right to use said off-site detention facility
in the Abbott Business Center. It is understood and agreed that if Developer's right to use
said off-site detention facility in the Abbott Business Center terminates, Developer shall
provide storm water detention as required by the Development Ordinance on the Property
or in an off-site facility as approved by the Village.
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. Payment of Recapture Fees Owed. Any amount of recapture required to be
paid by this Property shall be due and payable to the Village upon final platting of the first
plat of subdivision of any portion of the Property.
13. Security for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from
time to time. Any letter of credit issued for such improvements shall be drawn on a
financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer
8
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 Developer acknowledges that it is the intention
of the Village and other involved agencies that at some time in the future Weiland 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, Developer agrees to dedicate 20 feet of
right-of-way along the east side of Weiland Road adjoining the Property.
15. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings held before the
Plan Commission and the Corporate Authorities prior to the execution of this Agreement,
are hereby incorporated by reference herein, made a part hereof and designated as shown
below. 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 as signed by surveyor October 12,
1995
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated September 5, 1995 by the Alter Group
GROUP Preliminary Engineering Plan (5 sheets) dated as last
EXHIBIT E revised August 21, 1995 by Spaceco, Inc. comprised of the
following:
9
EXHIBIT E Cover Sheet ("Preliminary Plan" dated April 6,
1995
EXHIBIT E-1 (Sheet 1 of 4) - Preliminary Site Plan
EXHIBIT E-2 (Sheet 2 of 4) - Preliminary Grading Plan
EXHIBIT E-3 (Sheet 3 of 4) - Preliminary Utility Plan
EXHIBIT E-4 (Sheet 4 of 4) - Preliminary Weiland Road
Striping Plan
EXHIBIT F Landscaping Plan dated as last revised May 31, 1995 by the
Mormino Corporation
EXHIBIT G Building Elevations dated April 12, 1995 by KLLM Architects
EXHIBIT G-1 Building Floor Plan dated April 12, 1995 by KLLM Architects
EXHIBIT H Traffic Impact and Parking Analysis Memo dated as last
revised May 4, 1995 by Brent Coulter, P.E., CEMCON, Ltd.
EXHIBIT I Ice Rink Facility Operating Summary Memo dated February 6,
1995 by Jerry Krewer
16. Building. Landscaping and Aesthetics Plans Developer 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 fashion as
determined by the Village Manager.
17. Annexation to the Buffalo Grove Park District The Developer agrees, at the
request of the Buffalo Grove Park District, to annex any part or all of the subject Property
to said Park District.
18. 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
10
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 Developer does hereby evidence its intention to fully comply
with all Village requirements, 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.
19. 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 provisions shall be deemed to be excised herefrom
and the invalidity thereof shall not affect any of the provisions contained herein.
20. Term of Agreement. This Agreement will be 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.
21. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
22. 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.
I1
23. 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: Garry S. Benjoya
Ice Associates, L.L.C.
1400 E. Lake Cook Road, Suite 125
Buffalo Grove, IL 60089
Copy to: Marc K. Schwartz, Esq.
Batler & Schwartz
355 W. Dundee Rd., Suite 200
Buffalo Grove, IL 60089
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
24. Default.
In the event Developer defaults, in his performance of his obligations set forth
in this Agreement, then the Village may, upon notice to Developer, allow 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 during said period. If Developer fails
to cure such default or provide such evidence as provided above, then, with notice to
Developer, the Village may begin proceedings to disconnect from the Village any portion
of the Property upon which development has not been completed or at the option of the
Village, to rezone such Property to the R-E District classification. In such event, this
12
Agreement shall be considered to be the petition of the Owners to disconnect such portion
of the Property, or at the option of the Village, to rezone such Property to the R-E District
classification.
25. Environmental Indemnification. Developer agrees to protect, indemnify,
defend, and hold harmless the Village and its agents and employees (collectively,
"Indemnitees")from and against, and promptly pay to or reimburse the Indemnitees for any
liabilities, obligations, claims, damages, penalties, causes of act, costs and expenses
(including without limitation, reasonable attorneys' and consultants' fees and expenses)
arising out of, caused by or in any manner whatsoever connected to the presence of any
Hazardous Material in the Property or Valenziano right-of-way or Concrete Doctor(Weiner)
right-of-way and easement or the release or threatened release of any Hazardous Material
in, to, or from the Property or Valenziano right-of-way or Concrete Doctor(Weiner) right-of-
way and easement. "Hazardous Material" means any hazardous substance, toxic
substance, hazardous waste, special waste, petroleum or petroleum-derived substance or
waste, asbestos or any constituent of any such substance or hazardous waste which is or
becomes regulated by any local, state or national governmental authority.
26. Litigation.
A. The Developer, at his cost, shall be responsible for any litigation which
may arise relating to the annexation, zoning and development of the Property and the
Valenziano right-of-way and Concrete Doctor (Weiner) right-of-way and easement.
Developer shall cooperate with the Village in said litigation but Developer's counsel will
have principal responsibility for such litigation.
B. The Developer shall reimburse the Village for reasonable attorneys'
fees, expenses and costs incurred by the Village resulting from litigation relating to the
13
annexation, zoning and development of the Property and the Valenziano right-of-way and
the Concrete Doctor(Weiner) right-of-way and easement or in the enforcement of any of
the terms of this Annexation Agreement upon a default by the Developer.
C. Developer 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.
27. Special Conditions.
A. The following variation to the Village Zoning Ordinance is hereby granted
pursuant to EXHIBIT D and GROUP EXHIBIT E:
Section 17.48.020.F.5.a. -to allow a building setback of 35 feet instead of 50
feet for a portion of the building along Weiland Road.
B. The following variations to the Village Development Ordinance are hereby
granted pursuant to GROUP EXHIBIT E:
1. Section 16.50.070.D. - to allow a street pavement width of 37 feet
instead of 47 feet, and a right-of-way of less than 80 feet;
2. Section 16.50.030.F. - to allow sidewalks on only one side of the
street.
C. 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. All underground tanks and other containers of
waste, oil or other substances shall be removed from the Property and disposed as
permitted and approved by the Illinois State Fire Marshal, and written verification of said
removal and disposal shall be provided to the Village Health Officer.
14
D. Developer shall pay a fire-protection impact fee of$.75 per gross square foot
of building constructed on the Property. Said fee shall be paid at the time of issuance of
the first building permit.
E. The Developer shall inform all contractors involved in development of the
Property that construction vehicles and equipment and personal vehicles of construction
workers are to be parked or stored on the Property, not adjacent public streets or parking
areas. Said vehicles and equipment may be parked off-site from the Property if Developer
obtains permission from a private property owner to use said property for vehicle parking.
F. Developer has represented that the ice rink facility will be operated in
accordance with the operating summary attached hereto as EXHIBIT I. Developer shall
provide adequate operations and security personnel at all times to ensure that all activities
on the Property are properly managed and supervised.
G. Developer has represented that the amount of parking to be provided on the
Property will be adequate to accommodate parking demand at the facility except for certain r
special events as described in EXHIBIT I. For all uses at the facility that will require use
of the supplementary parking area labeled as Lot 2 on EXHIBIT E, Developer shall provide
properly trained traffic management personnel to ensure safe and efficient traffic flow on
the Property and adjacent public streets. For special events requiring more parking than
is provided on the Property, Developer shall obtain permission to use other property for
parking. It is understood and agreed that public streets adjacent to the Property shall not
be used for parking, and the Village will enact regulations as necessary to prohibit parking
on said public streets.
H. Developer shall construct the extensions of Thompson Boulevard and Abbott
Court to achieve the loop road on and adjacent to the Property as depicted on EXHIBIT
15
D and GROUP EXHIBIT E. The construction of said loop road shall be completed as part
of the initial land grading and construction of the Property. No certificate of occupancy will
be issued for said ice rink facility until said loop road is constructed and open for public
use.
I. Developer shall make improvements to Weiland Road pursuant to GROUP
EXHIBIT E and as required by the Lake County Division of Transportation and as reviewed
and approved by the Village Engineer, and shall be completed within the schedule set forth
by the County and Village.
J. Developer shall pay $58,500.00 for installation of a traffic signal at the
intersection of Weiland Road and Thompson Boulevard. Said payment shall be due and
payable prior to issuance of the building permit for the proposed ice rink facility, or
Developer shall bond for or provide a letter of credit for said traffic signal obligation.
K. The Village shall not annex the Property, and the Village shall not be required
to perform any Village obligations herein, including but not by way of limitation, utilities and
other municipal services, until the following conditions,are fulfilled:
1. The Developer purchases the"Parking parcel"and provides acceptable proof
of purchase to the Village.
2. Contemporaneous annexation of the loop road right-of-way from the
Valenziano property to be effectuated as follows: Developer shall purchase
the Valenziano right-of-way as shown conceptually on EXHIBIT E, and
Developer shall convey to the Village by warranty deed in fee simple the
Valenziano right-of-way. A title insurance commitment acceptable to the
Village and showing no encumbrances or liens will be provided to the Village.
Developer shall be responsible for removing any encumbrances or liens on
16
the right-of-way parcel. It is the Village's intent to annex said parcel to the
Village.
3. Contemporaneous annexation of the loop road right-of-way and granting an
eleven-foot wide utility and access easement to the Village from the
Concrete Doctor (Weiner) property pursuant to GROUP EXHIBIT E to be
effectuated as follows: The Concrete Doctor shall deed to the Village the
right-of-way parcel, the Village shall annex said parcel, the Concrete Doctor
shall file with the Village a plat of easement for the eleven-foot wide utility
and access easement.
L. Developer shall not allow parking on the grass area depicted on EXHIBIT E
and E-1 until a paved parking surface is provided as required by the Development
Ordinance and as approved by the Village.
M. Developer shall pay the Village $4,000.00 at the time of annexation for the
cost of documents procured by the Village to coordinate annexation and development of
the Property.
IN WITNESS WHEREOF, the Corporate Authorities, Owners and Developer have
caused this instrument to be executed by their respective proper officials duly authorized
to execute the same as of the day and the year first above written.
VILLA O B
By
ATTEST:
By
17
Developer:
ICE ASSOCIATE/S�,.L.L.C.
B iJ
Y
Owner:
CHICAGO TITLE AND TRUST COMPANY
AS TRUSTEE UNDER TRUST NO. 1100412
DATED DECEMBER 13. 1994
By Rse mr}erMion rider attached
ATTEST:
Owner:
COLE TAYLOR BANK AS TRUSTEE UNDER
TRUST NO. 77-238 DATED JUNE 10, 1987
By
ATTEST:
18
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Developer:
ICE ASSOC IATES,.L.L.C.
By
Owner:
CHICAGO TITLE AND TRUST COMPANY
AS TRUSTEE UNDER TRUST NO. 1100412
DATED DECEMBER 13. 1994
By
ATTEST:
Owner:
COLE TAYLOR BANK AS TRUSTEE UNDER
TRUST NO. 77-238 DATED JUNE 10, 1987 AND NOT —PERSONALLY
By O�A
ss Vi e President
ATTEST:
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EXHIBIT A
Twin Rinks Ice Pavilion
SUBJECT PROPERTY LEGAL DESCRIPTION:
PART OF THE NORTHEAST QUARTER OF SECTION 28. AND THE NORTHWEST i
QUARTER OF SECTION 27, TOWNSHIP 43 NORTH. RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LOT 6 IN
BLOCK 3 OF FRILLMAN PARK. A SUBDIVISION RECORDED JULY 1 . 1887 AS
DOCUMENT NUMBER 35931 . IN BOOK "A" OF PLATS. PAGE 63 , IN LAKE
COUNTY. ILLINOIS. AND THE EASTERLY RIGHT OF WAY LINE OF WEILAND
ROAD ( FORMERLY BUFFALO GROVE ROAD OR FRILLMAN AVENUE ) ; THENCE
SOUTH 12 DEGREES 18 MINUTES 39 SECONDS WEST ALONG THE SAID
EASTERLY RIGHT OF WAY LINE OF WEILAND ROAD 213. 93 FEET FOR A
POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 30 SECONDS
EAST ALONG A LINE 1247. 58 FEET ( MEASURED PERPENDICULARLY ) NORTH
OF AND PARALLEL WITH THE SOUTH LINE OF NORTHEAST QUARTER OF
AFORESAID SECTION 28. A DISTANCE OF 396. 04 FEET; THENCE SOUTH 01
DEGREE 41 MINUTES 07 SECONDS EAST 444. 32 FEET; THENCE NORTH 86
DEGREES 31 MINUTES 50 SECONDS EAST ALONG A LINE 363. 93 FEET
( MEASURED PERPENDICULARLY ) NORTH OF AND PARALLEL WITH THE NORTH
LINE OF LOT 5 IN ABBOTT BUSINESS CENTER SUBDIVISION. BEING A
SUBDIVISION OF PART OF SAID NORTHWEST QUARTER OF SECTION 27 AND
SAID NORTHEAST QUARTER OF SECTION 28. RECORDED JULY 9, 1991 AS
DOCUMENT NUMBER 3038077. A DISTANCE OF 340. 23 FEET TO A POINT ON
A LINE 30. 00 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF THE
WISCONSIN CENTRAL LTD. RAILROAD '(FORMERLY SOO LINE RAILROAD ) ;
THENCE SOUTH 18 DEGREES 39 MINUTES 00 SECONDS EAST ALONG SAID
PARALLEL LINE A DISTANCE OF 366. 67 FEET; THENCE SOUTH 71 DEGREES
21 MINUTES 00 SECONDS 'WEST PERPENDICULAR TO THE LAST DESCRIBED
COURSE 38.50 FEET TO THE NORTHEAST CORNER OF LOT 5 ; THENCE SOUTH
86 DEGREES 31 MINUTES 50 SECONDS WEST ALONG THE NORTH LINE OF
SAID LOT 5 A DISTANCE OF 342.33 FEET TO THE SOUTHEAST CORNER OF
LOT 2 IN SAID ABBOTT BUSINESS CENTER SUBDIVISION; THENCE NORTH 4
DEGREES 46 MINUTES 10 SECONDS WEST ALONG THE EASTERLY LINE OF
SAID LOT 2 A DISTANCE OF 312. 62 FEET TO THE NORTHEAST CORNER OF
SAID LOT 2; THENCE SOUTH 89 DEGREES 32 MINUTES 30 SECONDS WEST
ALONG A LINE 754. 66 FEET (MEASURED PERPENDICULARLY ) NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 28. BEING ALSO THE NORTHERLY LINE OF LOTS 1 AND 2 IN SAID
ABBOTT BUSINESS CENTER A DISTANCE OF 557: 86 FEET TO A POINT ON
THE EASTERLY RIGHT OF WAY LINE OF SAID WEILAND ROAD AS WIDENED BY
TRUSTEE' S DEED RECORDED JULY 4. 1982 AS DOCUMENT #2168098 AND AS
SHOWN ON PLAT RECORDED MARCH 27. 1986 AS DOCUMENT 92429787;
THENCE NORTH 14 DEGREES 04 MINUTES 37 SECONDS EAST ALONG SAID
EASTERLY RIGHT OF WAY LINE 36.90 FEET TO A POINT OF CURVATURE;
THENCE NORTHERLY 383. 96 FEET ALONG SAID EASTERLY RIGHT OF WAY
LINE. BEING THE ARC OF CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 2904 . 79 FEET WITH A CHORD BEARING OF NORTH 10 DEGREES
17 MINUTES 25 SECONDS EAST A DISTANCE OF 383. 68 FEET TO A BEND
POINT; THENCE NORTH 12 DEGREES 18 MINUTES 39 SECONDS EAST ALONG
SAID EASTERLY RIGHT OF WAY LINE 82.28 FEET TO - THE POINT OF
BEGINNING. ALL IN LAKE COUNTY, ILLINOIS.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7.93-acre tract on the east
side of Weiland Road north of Abbott Court.
EXECUTION AND EXCULPATORY CLAUSE FOR CHICAGO TITLE AND TRUST MP VY,
AS RUSTEE UNDER TRUST# 11 d W--2 ATTACHED TO THAT -
DATED. 16,11
It is expressly understood and agreed by and between the parties hereto, anything to the contrary
notwithstanding, that each and all of the warranties, indemnities, representations, covenants,
undertakings and agreements herein made on the part of the Trustee while in form purporting to
be the warranties, indemnities, representations, covenants, undertakings and agreements of said
Trustee are nevertheless each and every one of them, made and intended not as personal
warranties,indemnities, representations, covenants, undertakings and agreements by the Trustee
or for the purpose or-with the intention of binding said Trustee personally but are made and
intended for the purpose of binding only that portion of the trust property specifically described
herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely
in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or
personal responsibility is assumed by nor shall at any time be asserted or enforceable against
Chicago Title and Trust Company, on account of this instrument or on account of any warranty,
indemnity, representation, covenant or agreement of the said Trustee in this instrument contained,
either expressed or implied, all such personal liability, if any, being expressly waived and released.
IN WITNESS WHEREOF, Chicago Title and Trust Company, not personally, but as Trustee as
aforesaid, has caused these presents to be signed by its Assistant Vice President, and its corporate
seal to be hereunto affixed and attested by its Assistant Secretary, the day and year first above
written.
DATE /011&1f,S® CHICAGO TITLE AND TRUST COMPANY,
as Trustee aforesaid and
not personally,
B
Corporate Seal A a t Vice Presid t
tt
ssistant Secretary
STATE OF ILLINOIS ?
I the undersigned, a Notary Public in and for the
COUNTY OF4Q91W ) SS. County and State aforesaid, DO HEREBY CERTIFY, that
/-RK9 the above named Assistant Vice President and Assistant
Secretary of the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice
President and Assistant Secretary respectively, appeared before me this day in person and
acknowledged that they signed and delivered the said instrument as their own free and voluntary
act and as the free and voluntary act of said Company for the uses and purposes therein set forth;
and the said Assistant Secretary then and there acknowledged that said Assistant Secretary, as
custodian of the corporate seal of said Company, caused the corporate seal of said Company to
be affixed to said instrument as said Assistant Secretary's own free and voluntary act and as the
free and voluntary act of said Company for the uses and purposes therein set forth.
EMy
^!""` Given nder my hand and Notarial Seal this f day
Of FiCIAL SEAL" of 1995.
Barbara A Haroianary Public,State of Illinoismmission Expires 11/24/95
Notarial Seal
C:1WPV AN BO\WPOOCSNFOA\CT&TXEXC VLPITFI
VILLAGE OF BUFFALO GROOVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS ��_DAY OF 19
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook Lake Counties, 46�is'
this day of l
Village Cler
By.
puty Village Clerk