2008-031 5/21/2008
ORDINANCE NO. 2008—31
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
Land & Lakes property
West Parcel: Proposed Commercial Center,
21488 Milwaukee Avenue (IL State Route 21)
East Parcel: Proposed River's Edge Landscape Facility,
21563 Milwaukee Avenue (IL State Route 21)
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(the"Property")legally described in Exhibit A-1
and Exhibit A-2 hereto; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an annexation agreement for the Property; 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. The foregoing Whereas clauses are incorporated herein.
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—Braiman, Glover,Kahn, Trilling Rubin
NAYS: 0—None
ABSENT: 1 —Berman
PASSED: June 2, 2008 APPROVED: June 2 2008
ATTEST: APPROVED:
Vil age Clerk ELLIOTT HARTSTEIN,Village President
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EXHIBIT A-2
LEGAL DESCRIPTION-EAST PARCEL
THAT PART OF THE NORTH 2O8.25 FEET OF THAT PART OF LOT 4 IN TRIPP'S
SUBDMSION OF PART OF SECTIONS 26 AND 27, TOWNSHIP 43 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED APRIL 21, 1894 AS DOCUMENT 58422, IN BOOK "C" OF PLATS, PAGE 80,
LYING BETWEEN THE CENTER OF-MILWAUKEE ROAD AND THE CENTER OF DES
PLAINES RIVER, (EXCEPT THAT PART THEREOF FALLING IN THE WEST 50 FEET,AS
MEASURED PERPENDICULAR TO THE CENTER LINE OF MILWAUKEE AVENUE, AS
CONVEYED TO ILLINOIS DEPARTMENT OF TRANSPORTATION BY DEED RECORDED
DULY 17, 1979 AS DOCUMENT 2007895 AND SEPTEMBER 21, 1979 AS DOCUMENT
2023100), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE NORTH LINE OF SAID LOT 4 WITH THE EAST LINE OF
MILWAUKEE AVENUE, AS CONVEYED TO ILLINOIS DEPARTMENT OF
TRANSPORTATION BY DEED RECORDED SEPTEMBER 21, 1979 AS DOCUMENT 2023100;
THENCE ON AN ASSUMED BEARING OF SOUTH 89 DEGREES 09 MINUTES 12 SECONDS
EAST ALONG SAID NORTH LINE OF LOT 4, A DISTANCE OF 763.63 FEET TO A POINT
218.40 FEET WEST OF THE CENTER OF DES PLAINES RIVER AS MEASURED ALONG
SAID NORTH LINE;THENCE SOUTH 25 DEGREES 52 MINUTES 29 SECONDS EAST,233.15
FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 2O8.25 FEET OF SAID LOT 4,
SAID POINT BEING 189.60 FEET WEST OF THE CENTER OF DES PLAINES RIVER AS
MEASURED ALONG SAID SOUTH LINE;THENCE NORTH 89 DEGREES 09 MINUTES 12
SECONDS WEST ALONG SAID SOUTH LINE OF THE NORTH 2O8.25 FEET,815.39 FEET TO
AN INTERSECTION WITH THE EAST LINE OF MILWAUKEE AVENUE,AS CONVEYED TO
ILLINOIS DEPARTMENT OF TRANSPORTATION BY DEED RECORDED DULY 17, 1979 AS
DOCUMENT 2007895; THENCE NORTHWESTERLY ALONG THE EAST LINE OF
MILWAUKEE AVENUE, BEING A CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 68,804.94 FEET AN ARC DISTANCE OF 214.91 FEET (THE CHORD TO SAID
CURVE BEARS NORTH 13 DEGREES 27 MINUTES 08 SECONDS WEST,214.91 FEET)TO
THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS, -TOGETHER WITH--
THE WEST HALF (AS MEASURED ON THE NORTH AND SOUTH LINES THEREOF) OF
THE SOUTH 256.20 FEET (EXCEPT THE WEST 50 FEET TAKEN FOR ROAD IN
CONDEMNATION CASE 79 ED 45)OF THAT PART OF LOT 2 IN TRIPP'S SUBDMSION OF
PART OF SECTION 26 AND 27, TOWNSHIP 43 NORTH, RANGE I 1 EAST OF THE THIRD
PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK"C"
OF PLATS,PAGE 80,AS DOCUMENT NO. 58422 LYING BETWEEN THE CENTER OF
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5-14-08
ANNEXATION AGREEMENT
This Agreement ("Agreement") made and entered into this 2nd day of June, 2008
("Effective Date"), by and between the VILLAGE OF BUFFALO GROVE ("Village")by and
through the President and Board of Trustees of the Village ("Corporate Authorities"), PRAIRIE
RECREATIONAL DEVELOPMENTS, INC., a Delaware corporation ("Prairie Rec") and
MARIE N. COWHEY, AS TRUSTEE OF THE PRIMARY MARITAL TRUST UNDER
THE JAMES J. COWHEY TRUST DATED AUGUST 30, 1978 ("Cowhey Trust", which
together with Prairie Rec are referred to herein collectively as "Owner"). The Village and
Owner are sometimes hereinafter referred to individually as a "Party" and collectively as the
"Parties".
WITNESSETH:
WHEREAS, the Village is a home rule unit by virtue of the provisions of the
Constitution of the State of Illinois of 1970;
WHEREAS, Owner holds title to certain parcels of real estate located on the west side of
Milwaukee Avenue which collectively comprise an approximately 58.1431 acre parcel legally
described on Exhibit A-1 attached hereto and made a part hereof ("West Parcel"), which real
estate is contiguous to the corporate limits of the Village;
WHEREAS, Owner also holds title to certain parcels of real estate located on the east
side of Milwaukee Avenue, across the street from and contiguous to the West Parcel, comprising
6.3558 acres legally described on Exhibit A-2 attached hereto and made a part hereof ("East
Parcel", which together with the West Parcel are hereinafter collectively referred to as the
"Property");
WHEREAS,the Property is contiguous to the corporate limits of the Village;
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WHEREAS, a plat of annexation for the Property, inclusive of the Milwaukee Avenue
rights-of-way adjacent to the Property (3.8803 acres), is attached hereto as Exhibit B and made a
part hereof and depicts a total area of approximately 68.3792 acres to be anni�xed to the Village
("Plat of Annexation");
WHEREAS,the West Parcel is comprised of the following parcels:
(i) an approximately 17-acre parcel fronting on Milwaukee Avenue and
depicted on Exhibit C as the"West Frontage Parcel"; and
(ii) an approximately 41-acre parcel located directly west of the West
Frontage Parcel and depicted on Exhibit C as the"West Rear Parcel";
WHEREAS, the West Rear Parcel is currently used or available for the following uses
(collectively, the "Current West Rear Parcel Uses"): (i) the operation of an open air landscape
waste transfer station; (ii) the composting of landscape materials; (iii) the storage, transfer and
retail sale of compost, mulch, stone, nursery stock, supplies and related landscape materials; and
(iv) the operation, monitoring, maintenance and post-closure care of a closed and capped landfill
for a period of time through and including May 30, 2010, or such longer period of time as may
be required by the Illinois Environmental Protection Agency (the"IEPA");
WHEREAS, pursuant to due notice and advertisement, the Village has conducted public
hearings and meetings relating to the annexation and zoning of the Property;
WHEREAS, the Corporate Authorities have considered zoning (i) the West Frontage
Parcel in the B-3 Planned Business Center District, all as more fully described in Section 31.A
hereof; (ii) the West Rear Parcel in the B-3 Planned Business Center District, all as more fully
described in Section 31.13 hereof, with approval of the Current West Rear Parcel Uses as legal,
non-conforming uses; and (iii) the East Parcel in the Industrial District with a special use for a
landscape waste transfer station all as more fully described in Section"1.C. hereof;
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WHEREAS, Owner has caused to be prepared a concept plan by VOA dated April 15,
2008, depicting a conceptual development for the West Parcel, which is attached hereto as
Exhibit C and made a part hereof("West Parcel Concept Plan");
WHEREAS, the Parties acknowledge that the West Parcel Concept Plan is only a
depiction of theoretical uses and layouts on the West Parcel and, although the West Rear Parcel
may continue to be used for the Current West Rear Parcel Uses, Owner may develop other uses
on the West Parcel, only in accordance with preliminary plans and development plans for the
West Parcel that will be subject to review and consideration by the Plan Commission and
approval by the Corporate Authorities in accordance with the Village Municipal Code;
WHEREAS, Owner has caused to be prepared a Preliminary Plan dated January 30,
2008, depicting Owner's proposed development of the East Parcel, which is attached hereto as
Exhibit D and made a part hereof("East Parcel Preliminary Plan");
WHEREAS, the IEPA has issued Permit No. 2007-216-DE dated November 19, 2007
("IEPA Development Permit") for a transfer station exclusively for landscape waste on a 1.47
acre area within the East Parcel, which [EPA Development Permit is attached hereto and made a
part hereof as Exhibit E;
WHEREAS, the IEPA Development Permit has been issued to Prairie Rec, in the
capacity of operator of the proposed transfer station and Land and Lakes Yard Waste
Reclamation, Inc. ("Yard Waste"), in the capacity of owner of the proposed transfer station, and
Owner has filed a permit modification request with the IEPA to correctly reflect that Prairie Rec
and the Cowhey Trust are owners of the proposed transfer station and Yard Waste is to be the
operator of the proposed transfer station, and Owner shall provide Village with a copy of the
approved permit modification after its receipt from the IEPA;
WHEREAS, Owner will apply for an operating permit that is in substantial conformity
with the IEPA Development Permit for a transfer station exclusively for landscape waste within
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the East Parcel ("IEPA Operating Permit"which shall supersede the IEPA Development Permit)
(the IEPA Development Permit and the IEPA Operating Permit, shall be referred to herein
collectively as the "IEPA Permit");
WHEREAS, the Parties acknowledge that the East Parcel may be developed and used (i)
as a transfer station exclusively for landscape waste; (ii)for the storage, transfer and retail sale of
compost, mulch, stone, nursery stock, supplies and related landscape material (but not including
building material sales),, and (iii) for a site office, storm water detention, and related ancillary
uses as described in, and in accordance with, the IEPA Permit, the East Parcel Preliminary Plan,
and this Agreement ("New Transfer Station');
WHEREAS, the Parties acknowledge that the actual transfer of landscape waste shall
occur only in that certain 1.47 acre portion of the East Parcel as is specified in the IEPA Permit
and as depicted on Exhibit D;
WHEREAS, pursuant to 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.), a proposed annexation agreement was submitted
to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided
by law; and
WHEREAS, after due and careful consideration, the President and Board of Trustees
have concluded that the annexation of the Property to the Village and its zoning and
development on the terms and conditions herein set forth will serve the best interests of the
Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the Parties 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 (65 ILCS 5/11-15.1-1),
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other applicable law and the Village's home rule powers. The preceding recital clauses are
hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. Owner has filed with the Village Clerk of
the Village a proper petition to annex the Property to the Village 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
conditioned on the execution of and compliance with the terms and provisions of this
Agreement. It is understood and agreed that, at the election of the Owner, 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 as contemplated by this Agreement.
3. Enactment of Annexation Ordinance. Within twenty-one (21) days after the
execution of this Agreement by the Village and Owner, the Corporate Authorities shall adopt an
ordinance annexing the Property to the Village, which ordinance shall include the Plat of
Annexation("Annexation Ordinance"). The Annexation Ordinance shall be recorded at the Lake
County Recorder's Office along with the Plat of Annexation which is attached hereto as Exhibit
B.
4. Enactment of Zoning Ordinance. Immediately after the enactment of the
Annexation Ordinance, the Corporate Authorities shall adopt (i) an ordinance in the form of
Exhibit F-1 attached hereto and made part hereof approving certain text amendments to the
Village zoning requirements; (ii) an ordinance in the form of Exhibit F-2 attached hereto and
made part hereof zoning the West Parcel in the Village's B-3 zoning district; and (iii) an
ordinance in the form of Exhibit F-3 attached hereto and made part hereof zoning the East Parcel
in the Village's I zoning district, granting a special use to use the East Parcel for the New
Transfer Station and granting certain variances from the Village Municipal Code.
5. Approval of Plai,s and Plats.
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A. East Parcel. The Village hereby approves the East Parcel Preliminary Plan
pursuant to the provisions of the Village's Development ordinance. The Village agrees to
approve a Development Plan (including a final Plat of Subdivision)based on final versions of the
plans and drawings of the development of the East Parcel as submitted by Owner provided that
the Development Plan shall:
(i) conform to the East Parcel Preliminary Plan,
(ii) conform to the terms of this Agreement and all applicable Village
ordinances, as amended from time to time,
(iii) conform to the approved Development Improvement Agreement,
as amended from time to time, and
(iv) conform to the IEPA Permit.
Other than the Development Plan, building permits, and occupancy permits, no further
development approval is required from the Village for Owner to develop and use the New
Transfer Station on the East Parcel. Owner and Village acknowledge that additional approvals
may be required from other government and/or regulatory entities.
B. West Parcel. Prior to any development of (i) the West Rear Parcel (for
uses other than the Current West Rear Parcel Uses) or (ii) the West Frontage Parcel, Owner shall
submit to the Village for review and approval a Preliminary Plan for development of the
Property in accordance with Chapter 16.20 of the Village Municipal Code and this Agreement.
Phasing of the development of the Property, if any, shall be in accordance with Section
16.20.045 of the Village Municipal Code.
6. Compliance with Applicable Ordinances. Except as otherwise provided in this
Agreement, Owner agrees to comply with all applicable ordinances of the Village, as amended
from time to time, in the development of the Property, provided that all ordinances, amendments,
rules and regulations, including those adopted after the Effective Date of this Agreement, shall
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not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all
property similarly situated. Notwithstanding the foregoing, the Village shall not apply any
current, new or amended ordinances or regulations to the Property to the extent that such
ordinances or regulations would (i) prevent use or development of the Property in accordance
with the terms of this Agreement; (ii) conflict with this Agreement; or (iii) assess any new
impact fee upon the Property.
7. Amendment of Plan. If Owner desires to make changes to a Preliminary Plan
after it has been approved by the Corporate Authorities, 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 concerning such
changes. The Village Manager is hereby authorized to approve such minor changes to a
Preliminary Plan as he or she deems appropriate, provided that such changes do not (i) involve a
reduction of the area (other than detention areas) set aside for common open space; (ii) increase
by more than two percent(2%) the floor area proposed for nonresidential use; or (iii) increase by
more than two percent (2%) the total ground area covered by buildings, provided such changes
are otherwise in compliance with all applicable provisions of the Village Municipal Code.
8. Public Utility Easement Provisions.
A. The Owner shall acquire the public utility easements necessary to provide
municipal water service and sanitary sewer service to the Property, all as more fully described in
Sections 9 and 10 below. Specifically, the Owner shall acquire a thirty (30) foot wide public
utility easement and a fifty (50) foot wide temporary construction easement (collectively, the
"Public Utility Easement") as depicted en the Public Utility Concept Plan attached hereto as
Exhibit G and made part hereof. The Public Utility Easement shall accommodate the installation
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of one of the two Water Mains (as defined in Section 9.A. hereof) and the Sanitary Sewer (as
defined in Section 10.A hereof) in accordance with the Public Utility Concept Plan.
B. Should the Public Utility Easement not be obtained within ninety (90)
days after annexation of the West Parcel to the Village, and the Owner notifies the Village in
writing that the Owner has negotiated in good faith with the owners of the rights necessary to
convey the Public Utility Easement and that such negotiations have been unsuccessful, then the
Village, after receipt of such notice, shall attempt to purchase the Public Utility Easement at fair
market value within ninety (90) days after receipt of such notice. If such offer to purchase is not
accepted after forty five (45) days from the date that it is tendered by the Village, then the
Village shall file an eminent domain action against the owners of the rights necessary to acquire
the Public Utility Easement. Owner shall reimburse the Village for all Village costs associated
with obtaining the Public Utility Easement by eminent domain, provided that such costs,
including the determination of the fair market value thereof, have Owner's prior approval
("Village Easement Costs"), which approval shall not be unreasonably withheld. Village
Easement Costs shall be paid to the Village within thirty (30) days of receipt by Owner of a
Village invoice. The Village shall provide a financial incentive to Owner for the Village
Easement Costs and for any costs incurred by Owner related to the acquisition of the Utility
Easement or the negotiations therefore ("Owner Easement Costs"), all as more fully described in
Section 31.F. hereof. At such time as the process of documenting and negotiating the Public
Utility Easement, whether with or without the use of eminent domain, is completed, Owner shall
submit to the Village a breakdown of the Owner Easement Costs so that the Village has a record
of the total Village Easement Costs and Owner Easement Costs.
C. Following the installation of the Water Mains and Sanitary Sewer and
their acceptance by the Village through formal acceptance action b;, the Corporate Authorities,
the Water Mains and Sanitary Sewer, but not the service connections to any buildings, shall be
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dedicated to the Village and become a part of the Village water and sanitary sewer systems that
are maintained by the Village. The procedures to be used for dedicating said improvements are
set forth in the Development Improvement Agreement attached hereto as Exhibit H and made a
part hereof("Development Improvement Agreement").
D. 1450 Busch Parkway LLC, as contract purchaser, and ECD-1500, LLC, as
owner, have filed an application with the Village for approval of a preliminary plan for a single-
story medical building on a portion of the Corporate Grove Subdivision (located immediately
south of the West Parcel) (the "Affinity Parcel"). That application is currently pending in front
of the Village. If the Village approves a preliminary plan submitted by 1450 Busch Parkway
LLC, the Village shall require, as a condition of such approval, that the owner of the Affinity
Parcel dedicate the Public Utility Easement to the Village(pursuant to a final plat of subdivision)
in the location shown in the Public Utility Concept Plan. The Village will include such condition
in an ordinance approving the preliminary plan.
9. Water Provision.
A. Owner shall complete, cause to be completed, or contribute its
proportionate share of the total cost of, engineering, design, construction and installation of two
(2) public water mains to serve the West Parcel and adjacent parcels, as generally depicted on the
Public Utility Concept Plan ("Water Mains"). Such engineering, design, construction and
installation of the Water Mains shall be subject to Village review and approval, which approval
shall not be unreasonably withheld. After consulting with Owner's civil engineer, the Village
shall determine the size of the Water Mains to be installed. The Village will not require Owner
to build the Water Mains to a size or length other than is necessary to serve the needs of the West
Parcel.
B. The contract for the construction of the Water Mains shall be subject to
review and approved by the Village Engineer solely for the purpose of confirming that such
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contract is at a fair and competitive price, such approval not to be unreasonably withheld. Owner
shall require any of its contractors constructing the Water Mains to comply with the Illinois
Prevailing Wage Act. Such approved price, together with the costs incurred by Owner related to
the (i) engineering, (ii) design, (iii) Village review of engineering, design, and construction, (iv)
financing, and (v) letter of credit for the Water Mains, shall be deemed to be "Owner's Certified
Public Water Main Costs." The Village shall provide reimbursement to the Owner for Owner's
Certified Public Water Main Costs in the form of a credit, all as more fully described in Section
31.17. hereof.
C. The Parties agree to cooperate with each other and applicable
governmental authorities to obtain such approvals as are necessary or desirable to construct the
Water Mains. The Water Mains shall be part of the Village water system and shall service the
Property. Owner shall be permitted and agrees to tap on to the Village water system at points
approved by the Village. 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 Village-approved Development Plans.
D. The Village agrees that Owner may, but shall not be required to, tap on to
the Village water system for the East Parcel to serve the New Transfer Station. Subject to
compliance with applicable laws, Owner may use well water for potable and non-potable
purposes on the East Parcel. If for any reason, well water is no longer available for potable
purposes, Owner shall obtain an alternative source or sources of potable water, which
altemative(s) may include, but are not limited to, bottled water, connection to the Village water
system, or any other available potable water source permitted by the IEPA. Any use on the East
Parcel other than the New Transfer Station may be compelled by the Village to connect to the
Village water service, as determined by the Village.
10. Public Sanitary Sewer and Storm Sewer Provisions.
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A. Owner shall complete, cause to be completed or contribute its
proportionate share of the total cost of, engineering, design, construction and installation of the
public sanitary sewer to serve the West Parcel and adjacent parcels, as generally depicted on the
Public Utility Concept Plan ("Sanitary Sewer"). Such engineering, design, construction and
installation of the Sanitary Sewer shall be subject to Village review and approval, which
approval shall not be unreasonably withheld. After consulting with Owner's civil engineer, the
Village shall determine the size of the Sanitary Sewer necessary to accommodate the
requirements of the West Parcel. The Village will not require Owner to build the Sanitary Sewer
to a size or length other than is necessary to serve the needs of the West Parcel.
B. The contract for the construction of the Sanitary Sewer shall be subject to
the review and approval by the Village Engineer for the sole purpose of confirming that it is
priced at a fair and competitive price, such approval not to be unreasonably withheld. Owner
shall require all contractors constructing the Sanitary Sewer to comply with the Illinois
Prevailing Wage Act. Such approved price, together with the costs incurred by Owner related to
the (i) engineering, (ii) design, (iii) Village review of engineering, design, and construction, (iv)
financing, and (v) letter of credit for the Sanitary Sewer, shall be deemed to be "Owner's
Certified Public Sanitary Sewer Costs." The Village shall provide reimbursement to Owner in
the form of a credit for Owner's Certified Public Sanitary Sewer Costs, all as more fully
described in Section 31.F. hereof.
C. The Parties agree to cooperate with each other and applicable
governmental authorities to obtain such approvals as are necessary or desirable to construct and
use the Sanitary Sewer and to provide for the development of the Property in accordance with
this Agreement, including, without limitation, permits to authorize: (i) connection from the
Property to the facilities of the Lake County Department of Public Works for the collection of
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sewage; and (ii) access to any right-of-way under the jurisdiction of the Illinois Department of
Transportation ("IDOT") or Lake County Division of Transportation.
D. Following the installation of the Sanitary Sewer and its acceptance by the
Village through formal acceptance action by the Corporate Authorities, the Sanitary Sewer, but
not the service connections to any buildings, shall be dedicated to the Village and become a part
of the Sanitary Sewer system maintained by the Village, all in accordance with the Development
Improvement Agreement. The Village agrees that Owner may, but shall not be required to
connect the East Parcel to any sanitary sewer to serve the New Transfer Station. Any use on the
East Parcel other than the New Transfer Station may be compelled by the Village to connect to
the Village's public sanitary sewer system, as determined by the Village.
E. Owner shall also construct any storm sewers that may be necessary to
service the Property in accordance with the Village Municipal Code.
11. Traffic Si ng_al.
A. Owner shall provide a signalized intersection serving the East and West
Parcels,in accordance with this Agreement and subject to IDOT approval.
B. The Parties agree, subject to IDOT approval, that: (i) the West Parcel shall
have one (1) primary entrance and exit onto Milwaukee Avenue: (a) into which southbound
traffic on Milwaukee Avenue can turn right into the West Parcel and northbound traffic on
Milwaukee Avenue can turn left into the West Parcel; (b) out of which eastbound traffic exiting
the West Parcel can turn either left, to travel north on Milwaukee Avenue, or right, to travel
south on Milwaukee Avenue; and (c) into and out of which traffic can traverse Milwaukee
Avenue to and from the West Parcel to the East Parcel ("West Full Access"); and (ii) the East
Parcel shall have one (1) primary entrance and exit: (a) into which southbound traffic on
Milwaukee Avenue can turn left into the East Parcel and northbound traffic on Milwaukee
Avenue can turn right into the East Parcel; (b) out of which westbound traffic exiting the East
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Parcel can turn either left, to travel south on Milwaukee Avenue, or right, to travel north on
Milwaukee Avenue; and (c) into and out of which traffic can traverse Milwaukee Avenue to and
from the East Parcel to the West Parcel ("East Full Access"). The West Parcel may also have
one or more "right in/right out" entrances/exits as approved by IDOT. The Parties further agree
that it is, and will be, necessary and desirable to align the East Full Access and West Full Access
so that they are directly across Milwaukee Avenue from each other and so that they may be
served by a single traffic control signal on Milwaukee Avenue that will provide traffic control
for both the East Full Access and West Full Access ("Traffic Signal"). The Parties shall work
cooperatively to obtain all approvals from all governmental authorities, including, without
limitation, IDOT, that are necessary to align the East Full Access and West Full Access in such
locations and to install the Traffic Signal in a location that serves both the East Full Access and
West Full Access. The Village shall not support, directly or indirectly, the location of the Traffic
Signal in any location which does not meet the criteria described in this Section 11.
C. Owner shall apply to IDOT for approval of the Traffic Signal
improvement within six (6) months of the Village's approval of the final plat of subdivision for
any portion of the West Parcel. Owner shall construct the Traffic Signal at its cost within one (1)
year of IDOT approval. Owner shall proceed with all due diligence for the approval of IDOT
and construction of the Traffic Signal.
D. Following the installation of the Traffic Signal, Owner shall reimburse the
Village for those costs of the repair, replacement, upgrading, modernization and maintenance for
the Traffic Signal imposed upon the Village by IDOT, and Owner shall execute an agreement
with the Village concerning payment of said costs. The Village shall be responsible for all
energy costs for the Traffic Signal.
12. Public Access Easement.
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A. The Village desires that the development of the West Parcel and the
development of Corporate Grove Subdivision (located immediately south of the West Parcel)
and City Park (located immediately north of the West Parcel in the Village of Lincolnshire)
(collectively, the "Neighboring Properties") be coordinated in terms of road planning and shared
access. The benefits of coordinated road planning and shared access may include a reduction of
traffic using Milwaukee Avenue to access the properties, the provision of safe and efficient
secondary access for the properties, and enhancement of the overall economic viability of the
area with transportation linkages among the businesses and the properties.
B. Owner shall negotiate in good faith with the owners or contract purchasers
of the Neighboring Properties for mutually acceptable agreements that would (i) grant public
cross-access easements for vehicular and pedestrian traffic between and among the West Parcel
and the Neighboring Properties in locations designated by the Village; and (ii) include provisions
for an equitable sharing of the costs of acquisition of such an easement area and the engineering,
design,construction and maintenance of any proposed roadway connection to be built thereon.
C. Notwithstanding the Owner's agreement to negotiate in good faith for such
easement agreements, Village and Owner agree that (i) direct access to the West Parcel from
Milwaukee Avenue is sufficient for the development of the West Parcel; (ii) the West Parcel can
be fully developed without roadway or pedestrian connection to the Neighboring Properties and
failure to obtain any cross-access easement(s), or any delay in obtaining any cross-access
easement(s)shall not be grounds for refusing or delaying any development approval for the West
Parcel; (iii) Owner is not required to grant any access easement that benefits the Neighboring
Properties unless the owner(s) thereof also grant a reciprocal easement for vehicular and
pedestrian traffic to and from the West Parcel; and (iv) Owner will provide for such future
connections to the Neighboring Properties in the Development Plan f_= the West Parcel.
14
13. Off Site Utilities. Except for utilities required by this Agreement, Owner shall
not be required to construct any other utilities or other improvements for the West Parcel or the
East Parcel that are located off-site
14. Payment of Recapture Fees Owed. As of March 17, 2008, the amount of the
principal of the recapture fees, and accrued interest thereon, required to be paid by Owner
pursuant to Ordinance No. 85-61 ("Recapture Ordinance") is $28,335.89 in principal and
$53,766.40 in interest. These amounts, together with any additional interest that accrues on the
principal amount after March 17, 2008, calculated at nine percent (9%) per annum, shall be due
and payable to the Village the first time a final plat of subdivision is approved for any portion of
the Property. The Village represents and warrants that: (i) except for the Recapture Ordinance,
there are no other recapture agreements, ordinances or resolutions entered into or adopted by the
Village that apply to the Property or that require Owner to pay any recapture fee or similar fee;
and (ii) the Village will not enter into or adopt any other such recapture agreement, ordinance or
resolution applicable to the Property.
15. Security for Public and Private Site Improvements. Security for public site
improvements to be dedicated to and accepted by the Village and privately owned landscaping
and privately owned parking lots (collectively, "Secured Improvement") shall be provided by
means of a bond, letter of credit or cash ("Security") in accordance with the Development
Ordinance and the Development Improvement Agreement attached hereto as Exhibit H and made
part hereof. If Owner posts a bond and the construction of the Secured Improvement for which
such bond was posted has not been completed within two (2) years after Village approval of the
final Plat of Subdivision for the property involved, then Owner shall replace such bond with a
letter of credit or cash.
Any bond or letter of credit issued for a Secured !mprovement shall be issued by a surety
or financial institution of net worth reasonably satisfactory to the Village Attorney. The Village
15
agrees that Lexon, Bond Safeguard and Old Republic are deemed to be approved sureties for the
issuance of any bonds, provided said companies are authorized to issue surety bonds in Illinois,
and that J.P. Morgan Chase, The Northern Trust Company, Associated Bank, N.A., MB
Financial Bank, N.A. and LaSalle Bank N.A. are deemed to be approved financial institutions for
the issuance of any letters of credit. The financial institution 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. If Owner fails to
install a Secured Improvement in accordance with the plans approved by the Village, then the
Village shall have the right to demand payment from the surety on the bond or to draw upon the
letter of credit in an amount necessary to complete and obtain formal acceptance of such Secured
Improvement. If the Village is required to demand payment from the surety of any bond, Owner
shall be required to pay the Village's reasonable costs, including reasonable attorneys' fees,
incurred in relation to such demand.
16. Right of Way Reservation. Owner shall reserve the necessary area on the
Property to allow Owner to dedicate to IDOT property necessary to increase the total width of
the Milwaukee Avenue right of way to 150 feet, which will be 75 feet on each side of the
centerline of Milwaukee Avenue. Any concept plan, Preliminary Plan or Development Plan for
the Property shall designate such reservation. The reserved area may only be used for access
drives, drainage, landscaping, and underground utilities. The reservation shall be in effect until
IDOT makes a written determination regarding what right-of-way width is necessary adjacent to
the Property. Should the final determination of the right-of-way width by IDOT not require all
of the reserved area, then such area shall no longer be reserved, and Owner may use such no
longer reserved area for any use permitted by this Agreement and the Village Municipal Code.
17. Exhibits. The following Exhibits, some of which were presented in testimony
given by Owner or witnesses during the hearings held by the Village prior to the execution of
16
this Agreement, are hereby incorporated by reference herein, made a part hereof and designated
as shown below:
EXHIBIT A-1 Legal Description of West Parcel (including West Frontage Parcel and
West Rear Parcel)
EXHIBIT A-2 Legal Description of East Parcel
EXHIBIT B Plat of Annexation dated November 13, 2007
EXHIBIT C West Parcel Concept Plan(Concept Sections dated January 30, 2008 and
Concept Plan dated April 15, 2008)
EXHIBIT D East Parcel Preliminary Plan (Preliminary Site Plan [Sheet EX 1] dated
January 30, 2008,Dimensional Control &Paving Plan [Sheet C41 dated
May 1, 2008, Grading Plan [Sheet C5] dated May 1, 2008 and Utility Plan
[Sheet C6] dated May 1, 2008
EXHIBIT E IEPA Development Permit
EXHIBIT F-1 Text Amendment to Village Zoning Requirements
EXHIBIT F-2 Zoning Ordinance for West Parcel
EXHIBIT F-3 Zoning Ordinance for East Parcel
EXHIBIT G Public Utility Concept Plan
EXHIBIT H Development Improvement Agreement
EXHIBIT I Uses Not Allowed on West Frontage Parcel
EXHIBIT J Uses Not Allowed on West Rear Parcel
18. Annexation Fee. The Village hereby waives any annexation fee for all non-
residential uses. If residential units are built on the Property, the annexation fee shall be $700.00
per dwelling unit.
19. Building, Landscaping and Aesthetics Plans for West Parcel. Owner shall submit
building, landscaping, lighting, and sign plans for approval by the Village before commencing
construction of buildings on the West Parcel. All such plans shall conform to the Village
Municipal Code, including but ii•Lt limited to the Village Appearance Plan. Phases not under
construction or completed shall be maintained in a neat and orderly fashion, in accordance with
17
the Village Municipal Code. Modifications or amendments to an approved plan are subject to
additional appearance review. In planning the West Parcel, in addition to Village requirements,
the Owner shall incorporate the following design concepts in the development of the West
Parcel, unless modifications are granted by either the Plan Commission or Zoning Board of
Appeals as set forth in the Village's Appearance Plan: (i) a transitional streetscape from
Milwaukee Avenue to the proposed development that provides for adequate planting, pedestrian
movement and parking areas; (ii) screening for parking areas adjacent to streets and public
rights-of-way; (iii) building designs that reflect a high-quality architectural appearance; (iv)
building facades featuring "finished" architectural design and materials; and (v) screened refuse
and waste enclosures of brick, stone or other product consistent with the material used on the
principal building served by such facilities.
20. Park District Annexation and Donations, School District and Library District
Donations.
A. Following the annexation of the Property to the Village, at the request of
the Buffalo Grove Park District ("Park District"), Owner shall annex any or all of the Property to
the Park District. Said annexation shall be completed within sixty (60) days of the request of the
Park District.
B. No donations to the Park District, any school districts or any library
districts shall be required for any commercial development on the Property. If the Village
approves any residential development on the Property, Owner shall comply with the provisions
of Title 19 of the Village Municipal Code, as amended from time to time, regarding park, school
and library donations, and, in furtherance thereof, shall make cash contributions to the Village
for payment to the Park District, applicable school districts and the Vernon Area Public Library
District to fulfill Owner's obligations concerning park, school and library donations according to
the criteria of Title 19 in full and complete satisfaction of Owner's obligations thereunder.
18
21. Payments to Fire Protection District.
A. Within thirty (30) days after the Property is disconnected from the
Lincolnshire-Riverwoods Fire Protection District, Owner shall pay to the Village an amount
necessary to reimburse the Village for any real estate tax payments made by the Village to the
Lincolnshire-Riverwoods Fire Protection District concerning the Property pursuant to 70 Illinois
Compiled Statutes 705/20.
B. If any general obligation bonds of the Fire District are outstanding and
unpaid at the time of such disconnection, the Property shall continue to remain liable for its
proportionate share of such bonded indebtedness through taxes levied and assessed against the
Property by the Fire Protection District until such time as sufficient funds to retire such bonds
have been collected.
22. Facilitation of Development. Time is of the essence of this Agreement, and all
Parties will make every reasonable effort to expedite the subject matter hereof.
23. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the Parties by an appropriate action at law or in equity,
including an action to secure the specific performance of any provision hereof. 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. In the event of a
judicial proceeding brought by one Party to this Agreement against another Party to this
Agreement for enforcement or for breach of any provision of this Agreement, the prevailing
Party in such judicial proceeding shall be entitled to reimbursement from the unsuccessful Party
of all costs and expenses, including reasonable attorneys' fees, incurred in connection with such
judicial proceeding.
24. 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
19
the Effective Date. This Agreement is fully assignable by Owner with prior consent of the
Village which consent shall not be unreasonably withheld.
25. Amendment. This Agreement may be amended by the Village and the owner of
record of a portion of the Property as to the provisions applying to such portion, without the
consent of the owners of other portions of the 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 for any breach of this Agreement.
27. Notices. Any notice required pursuant to the provisions of this Agreement shall
be in writing and be sent by overnight courier by a nationally recognized courier service or by
certified mail, return receipt requested, with postage prepaid to the following addresses until
notice of change of address is given in accordance with this Section. A notice shall be deemed
received, in the case of overnight courier, on the next business day following delivery to the
courier by the party giving notice, or in the case of certified mail, on the fifth (5th) business day
following deposit in the U.S. Mail.
If to Owner:
Prairie Recreational Developments, Inc. &
Marie N. Cowhey, Trustee of the Primary Marital Trust
under the James J. Cowhey Trust dated August 30, 1978
123 N. Northwest Highway
Park Ridge, IL 60068
Attention: Mary Margaret Cowhey, Esq.
Copy to: Holland & Knight LLP
131 South Dearborn Street, 30th Floor
Chicago, IL 60603
Attention: Matthew E. Norton, Esq.
If to Villages: Village Clerk
Village of Buffalo Grove
50 Ra!ipp Boulevard
Buffalo Grove, Illinois 60089
20
Copy to: William G. Raysa, Esq.
Raysa & Zimmermann, LLC.
22 S.Washington Avenue
Park Ridge, Illinois 60068
28. Default.
A. In the event Owner defaults in performance of its obligations set forth in
this Agreement, then the Village may,upon notice to Owner and in addition to all other remedies
available to the Village, allow Owner sixty (60) days to cure the default or to provide evidence to
the Village that such default will be cured in a timely manner, though in excess of sixty (60)
days,if it cannot be cured during said period.
B. The Village agrees that upon sale of the Property or any portion thereof
Owner is exculpated from any liability or obligation to perform the commitments and obligations
set forth herein with respect to the Property or portion thereof and that the Village will look
solely to the new owner of the Property or such portion thereof for such performance, and such
new owner shall be subject to the liabilities, commitments and obligations of this Agreement.
29. Litigation.
A. Owner, at its cost, shall be responsible for and control the defense of any
litigation initiated by third parties (i.e., not the Village) that may arise relating to the annexation,
zoning and development of the Property. The Village shall cooperate with Owner in said
litigation but Owner will have principal responsibility for and control of such litigation, whether
or not the Village is also named as a party to the litigation. Owner shall reimburse the Village
for reasonable attorneys' fees, expenses and costs incurred by the Village resulting from such
litigation.
B. Each Party shall indemnify and hold the other Party harmless from any
actions or causes :action which may arise as a result of the acts or omissions of the other Party.
30. Disconnection. Owner hereby expressly waives any rights it has to disconnect the
Property from the Village during the term of this Agreement. The Parties agree that this
21
Agreement shall represent an affirmative defense to any petition for disconnection of the
Property from the Village. The Village shall not take any actions to disconnect or exclude the
Property from the Village's corporate limits.
31. Special Conditions.
A. West Frontage Parcel.
(1) Subject to the restrictions set forth in this Agreement, the West
Frontage Parcel shall be zoned in the B-3 Planned Business Center District with the following
permitted and special uses:
(a) permitted use for one (1) Full Service Hotel (as that term is
hereinafter defined), and
(b) special uses for:
(i) one (1) restaurant with drive-through service; and
(ii) one (1) bank with drive-through service.
All special uses shall meet the requirements set forth in the Village Municipal Code.
(2) Unless otherwise approved by the Village, which approval may be
made without an amendment to this Annexation Agreement, the West Frontage Parcel shall not
include:
(a) residential uses;
(b) more than four (4) outlots;
(c) more than one (1) restaurant with a drive-through;
(d) more than one (1)bank(with or without a drive-through);
(e) more than one (1) building that has 50% or more of its floor
area used for office purposes;
(f) more than one (1) Full Service Hotel; and
(g) the permitted and special uses listed in Exhibit I attached
22
hereto and made part hereof.
For purposes of this Agreement, a "Full Service Hotel" shall mean a hotel which is not marketed
by its operator for stays of greater than fourteen consecutive days and provides, for a fee,
sleeping accommodations and customary lodging services, including maid service, the furnishing
and upkeep of furniture and bed/bath linens, and telephone and desk service. Related ancillary
uses in a Full Service Hotel may include, but not be limited to, conference and meeting rooms,
restaurants and bars,business centers, and recreational facilities.
(3) The West Frontage Parcel shall be planned as a unified
development with design compatibility of all buildings and structures, integrated access and
traffic circulation, and coordinated utilities and stormwater management. Owner and Village
acknowledge that final planning for the West Frontage Parcel has not been accomplished, the
West Parcel Concept Plan is neither final nor binding and no preliminary plan has been presented
for the West Frontage Parcel. It is the intent of the Village and Owner to ensure a high-quality,
sales tax generating, commercial development of the West Frontage Parcel.
(4) Parking shall be provided for all uses on each outlot in compliance
with applicable standards of the Village Zoning Ordinance.
B. West Rear Parcel. (1) The West Rear Parcel shall be zoned in the B-3
Planned Business Center District with approval of the Current West Rear Parcel Uses as legal
nonconforming uses. It is understood and agreed that Owner has not proposed any specific
development or uses for the West Rear Parcel (except Current West Rear Parcel Uses) and that
no Preliminary Plan has been presented for said parcel. Permitted and special uses on the West
Rear Parcel shall not include the uses identified on Exhibit J.
(2) Owner shall cease operations of the Current West Rear Parcel
Uses, except for the operation, monitoring, maintenance and post-closure care of the closed and
capped landfill, on the West Rear Parcel within one (1) year after receipt of all necessary
23
governmental approvals and issuance by the Village of a Certificate of Occupancy for the New
Transfer Station on the East Parcel.
(3) Owner shall comply with all applicable laws and regulations of the
IEPA and other governmental authorities related to the operation of the Current West Rear Parcel
Uses or the New Transfer Station. Owner shall manage Current West Rear Parcel Uses on the
West Rear Parcel and the New Transfer Station to minimize nuisances such as dust, noise and
odors, and Owner shall cooperate with the Village if mitigation measures are requested by the
Village to address specific problems or occurrences. The Village agrees to cooperate with
Owner, to the extent of the Village's expertise, in obtaining all required approvals for the Current
West Rear Parcel Uses or the New Transfer Station.
C. East Parcel.
(1) The Village shall grant the following zoning variations applicable
to the East Parcel:
a) variation from Section 17.48.020.F.5.a. of the Village Zoning
Ordinance to allow a landscaped setback of less than 50 feet from
Milwaukee Avenue;
b) variation from Section 17.48.020.F.6.b. of the Village Zoning
Ordinance to waive the requirement for a 6-foot high screen adjoining
property in a residential district; and
c) variation from Section 17.48.020.F.6.a. of the Village Zoning
Ordinance to allow a building setback for the proposed office of 28 feet
instead of 60 feet from the south lot line adjoining property in a residential
district.
(2) The Village shall grant the following development variations
applicable to the East Parcel:
24
a) variation from Section 16.50.150.B.5. of the Village Municipal
Code to waive the requirement for curb and gutter in the parking lot;
b) variation from Section 16.50.040C.3.b.(3) of the Village
Municipal Code for the detention basin to (i) allow the detea tioti basin to be a
"wetland style" detention basin where the bottom of the basin would be flat, 6
inches below normal water level (NWL), and planted with tolerant plants; (ii)
allow a zero percent cross-slope; (iii) allow a 3:1 side slope; (iv) waive the
requirement of an underdrain; and (v) waive the requirement that the detention
basin be usable as active recreational area during dry weather conditions;
c) variation from Section 16.50.030.D.13 of the Village Municipal
Code to allow minimum cover of 18 inches over the storm sewer.
(3) The East Parcel shall be zoned in the Industrial District with a
special use for the New Transfer Station. The Village acknowledges that the East Parcel has
received the IEPA Development Permit which allows a transfer station exclusively for landscape
waste. Cutting, grinding, and chipping of landscape waste shall be allowed at the New Transfer
Station.- in accordance with the IEPA Permit. Owner shall not conduct grinding or chipping
operations between the hours of 7:00 p.m. and 7:00 a.m. Owner agrees that no permitted or
special uses other than the special use approved pursuant to this Agreement are authorized for
the East Parcel until approved by the Village. Owner shall provide Village with a copy of any
modifications to the IEPA Permit after receipt of any modifications from the IEPA. Owner shall
allow the Village the right to inspect the East Parcel during reasonable hours upon reasonable
notice for compliance with the Village Municipal Code.
(4) r The Parties acknowledgc that portions of the East Parcel are in the
floodway and portions are in the flood plain of the Des Plaines River and, as such, are subject to
stormwater and flood plain regulations of various governmental entities and to the Village
25
Engineer's approval. Owner shall comply with all applicable regulations regarding storage of
materials and construction of improvements in the floodway. It is agreed by the parties that the
floodway may be paved as depicted on the Preliminary Plan.
(5) Owner shall pay to the Village $22,500.00 for three streetlights,
$12,000.00 for 2,400 square feet of sidewalk, and $5,400.00 for twelve parkway trees for a total
of$39,900.00 (collectively, the "Streetscape Improvements"), to be installed as part of the future
improvements to Milwaukee Avenue. Owner shall pay for the Streetscape Improvements at the
time of Village approval of the plat of subdivision for the East Parcel.
D. Liquor Licenses. The Village agrees to cooperate and support Owner in
obtaining any liquor licenses that may be applied for with respect to any developments on the
Property so long as any applicant meets all the requirements of the Village's liquor control
ordinances and the Illinois Liquor Control Act (235 ILCS 511-1 et seq.).
E. Fire Protection Impact Fee. The Owner shall pay to the Village a fire
protection impact fee of$0.75 per gross square foot of building area constructed on the Property.
This amount of $0.75 per gross square foot of building area shall not be increased during the
term of this Agreement. Subject to the Financial Incentive provisions of Section3l.F. hereof,
the Fire Protection Impact Fee attributable to the gross square feet of each individual building
shall be paid at the time of issuance of the certificate of occupancy for that building.
F. Financial Incentive. Owner is incurring substantial costs in connection
with the installation of the Streetscape Improvements and utility service to the Property in the
form of the following (collectively, "Utility Costs"): (i) Owner's Certified Public Water Main
Costs; (ii) Owner's Certified Public Sanitary Sewer Costs; and (iii) Owner Easement Costs. In
light of the significant amount of the Streetscape Improvements and Utility Costs, the Village
has agreed to provide Owner or Owner's assignee with up to $300,0'0.00 in financial incentives
("Financial Incentive") in the form of a credit against certain fees or charges assessed against or
26
otherwise payable by Owner under the terms of this Agreement or under applicable provisions of
the Village Municipal Code. Specifically, Owner may elect to utilize the Financial Incentive as a
credit against any and all fees required to be paid by Owner or Owner's assignee to the Village
pursuant to the Village Municipal Code or pursuant to this Agreement, including, but not limited
to, fees set forth in Section 15.04.020 (building code fees) and Section 16.20.080.D.2.
(engineering and review inspection fees) of the Village Municipal Code. The only fees against
which Owner may not use the Financial Incentive as a credit are recoverable third-party costs
due the Village pursuant to Section 3.06.040 of the Village Municipal Code. The Village will
continue to provide such credits to Owner, Owner's Affiliate or Owner's designee until the first
to occur of: (i) the date upon which the total of all fee credits granted equals Three Hundred
Thousand Dollars ($300,000.00); or (ii) ten (10) years after the date on which the Owner obtains
the Public Utility Easement as set forth in Section 8 of this Agreement.
[Remainder of page left intentionally blank.]
27
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials and representatives duly authorized
to execute the same as of the day and the year first above written.
VILLAGE OF BUFFALO GROVE
By: W404 r ZA 0�
Elliott Hartstein,Village President
ATTEST:
By:
VIECIAGE CLERK
OWNER:
MARIE N. COWHEY, AS TRUSTEE OF THE
PRIMARY MARITAL TRUST UNDER THE
JAMES J. COWHEY TRUST DATED
AUGUST 30, 1978
By: ?ll
Marie N. Cowhey,as Trustee
PRAIRIE RECREATIONAL
DEVELOPMENTS,INC.,
a Delaware corporation
By:
Title: President
ATTEST:
gy.
O
Title: J
This document prepared by: After Recording Mail to:
Robert E.Pfeil,Village Planner Village Clerk
William G.Raysa,Village Attorney Village of Buffalo Grove
50 Raupp Blvd. 50 Raupp Blvd.
Buffalo Grove,IL.60089 Buffalo Grove,IL. 60089
29
List of Exhibits:
EXHIBIT A-1 Legal Description of West Parcel, (including West Frontage Parcel, and
West Rear Parcel)
EXHIBIT A-2 Legal Description of East Parcel
EXHIBIT B Plat of Annexation dated November 13, 2007 prepared by TFW Surveying
&Mapping, Inc.
EXHIBIT C West Parcel Concept Plan (Concept Sections dated January 30, 2008 and
Concept Plan dated April 15, 2008)
EXHIBIT D East Parcel Preliminary Plan (Preliminary Site Plan [Sheet EX 1] dated
January 30, 2008,Dimensional Control &Paving Plan [Sheet C4] dated
May 1, 2008, Grading Plan [Sheet C5] dated May 1, 2008 and Utility Plan
[Sheet C6] dated May 1, 2008
EXHIBIT E IEPA Development Permit
EXHIBIT F-1 Text Amendment to Village Zoning Requirements
EXHIBIT F-2 Zoning Ordinance for West Parcel
EXHIBIT F-3 Zoning Ordinance for East Parcel
EXHIBIT G Public Utility Concept Plan
EXHIBIT H Development Improvement Agreement
EXHIBIT I Uses Not Allowed on West Frontage Parcel
EXHIBIT J Uses Not Allowed on West Rear Parcel
29
EXHIBIT A-1
LEGAL DESCRIPTION OF WEST PARCEL
ALL THAT PART OF LOT 1 LYING EASTERLY OF THE EAST LINE OF ARBOR CREEK BUSINESS
CENTRE AS SHOWN BY PLAT RECORDED JUNE 11, 1987 AS DOCUMENT 2S77287, AND ALL
THAT PART OF LOT 2 LYING WESTERLY OF THE WEST LINE OF MILWAUKEE AVENUE IN TRIPP'S
SUBDIVISION OF PART OF SECTIONS 26 AND 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21,
1894 AS DOCUMENT S8422, IN BOOK "C" OF PLATS, PAGE 80, IN LAKE COUNTY, ILLINOIS.
30
EXHIBIT A-2
LEGAL DESCRIPTION OF EAST PARCEL
THAT PART OF THE NORTH 2O8.25 FEET OF THAT PART OF LOT 4 IN TRIPP'S SUBDIVISION OF
PART OF SECTIONS 26 AND 27,TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21, 1894 AS
DOCUMENT 58422, IN BOOK "C" OF PLATS, PAGE 80, LYING BETWEEN THE CENTER OF
MILWAUKEE ROAD AND THE CENTER OF DES PLAINES RIVER, (EXCEPT THAT PART THEREOF
FALLING IN THE WEST 50 FEET, AS MEASURED PERPENDICULAR TO THE CENTER LINE OF
MILWAUKEE AVENUE, AS CONVEYED TO ILLINOIS DEPARTMENT OF TRANSPORTATION BY
DEED RECORDED )ULY 17, 1979 AS DOCUMENT 2007895 AND SEPTEMBER 21, 1979 AS
DOCUMENT 2023100), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE NORTH LINE OF SAID LOT 4 WITH THE EAST LINE OF MILWAUKEE
AVENUE,AS CONVEYED TO ILLINOIS DEPARTMENT OF TRANSPORTATION BY DEED
RECORDED SEPTEMBER 21, 1979 AS DOCUMENT 2023100; THENCE ON AN ASSUMED BEARING
OF SOUTH 89 DEGREES 09 MINUTES 12 SECONDS EAST ALONG SAID NORTH LINE OF LOT 41
A DISTANCE OF 763.63 FEET TO A POINT 218.40 FEET WEST OF THE CENTER OF DES PLAINES
RIVER AS MEASURED ALONG SAID NORTH LINE; THENCE SOUTH 2S DEGREES S2 MINUTES 29
SECONDS EAST, 233.1 S FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 2O8.25 FEET
OF SAID LOT 4, SAID POINT BEING 189.60 FEET WEST OF THE CENTER OF DES PLAINES RIVER
AS MEASURED ALONG SAID SOUTH LINE; THENCE NORTH 89 DEGREES 09 MINUTES 12
SECONDS WEST ALONG SAID SOUTH LINE OF THE NORTH 2O8.25 FEET, 815.39 FEET TO AN
INTERSECTION WITH THE EAST LINE OF MILWAUKEE AVENUE, AS CONVEYED TO ILLINOIS
DEPARTMENT OF TRANSPORTATION BY DEED RECORDED )ULY 17, 1979 AS DOCUMENT
2007895; THENCE NORTHWESTERLY ALONG THE EAST LINE OF MILWAUKEE AVENUE, BEING
A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 68,804.94 FEET AN ARC
DISTANCE OF 214.91 FEET (THE CHORD TO SAID CURVE BEARS NORTH 13 DEGREES 27
MINUTES 08 SECONDS WEST, 214.91 FEET) TO THE POINT OF BEGINNING, IN LAKE COUNTY,
ILLINOIS.
-TOGETHER WITH-
THE WEST HALF (AS MEASURED ON THE NORTH AND SOUTH LINES THEREOF) OF THE SOUTH
256.20 FEET (EXCEPT THE WEST 50 FEET TAKEN FOR ROAD IN CONDEMNATION CASE 79 ED
45) OF THAT PART OF LOT 2 IN TRIPP'S SUBDIVISION OF PART OF SECTION 26 AND 27,
TOWNSHIP 43 NORTH, RANGE 1 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED IN BOOK "C" OF PLATS, PAGE 80, AS DOCUMENT NO. 58422
LYING BETWEEN THE CENTER OF MILWAUKEE ROAD AND THE CENTER OF DES PLAINES RIVER
(AS SAID CENTER WAS LOCATED ON ]AN. 02, 1925), MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 2 WITH THE
EAST LINE OF MILWAUKEE AVENUE, AS CONVEYED TO ILLINOIS DEPARTMENT OF
TRANSPORTATION BY DEED RECORDED SEPTEMBER 21, 1979 AS DOCUMENT 2023100;
THENCE NORTHWESTERLY ALONG THE EAST LINE OF MILWAUKEE AVENUE, BEING A CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 68,804.94 FEET AN ARC DISTANCE OF
264.63 FEET (THE CHORD TO SAID CURVE BEARS NORTH 13 DEGREES 39 MINUTES 07
SECONDS WEST {ASSUMED}, 264.63 FEET)TO THE NORTH LINE OF THE SOUTH 256.20 FEET OF
SAID LOT 2; THENCE SOUTH 89 DEGREES 09 MINUTES 12 SECONDS EAST ALONG SAID NORTH
LINE, 412.96 FEET; THENCE SOUTH 23 DEGREES 57 MINUTES 12 SECONDS EAST, 282.23 FEET
TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 89 DEGREES 09 MINUTES 12 SECONDS
WEST ALONG SAID SOUTH LINE, 465.09 FEET TO THE POINT OF BEGINNING, ALL IN LAKE
COUNTY, ILLINOIS.
31
EXHIBIT B
PLAT OF ANNEXATION
32
EXHIBIT C
WEST PARCEL CONCEPT PLAN (CONCEPT SECTIONS DATED JANUARY
30,2008 AND CONCEPT PLAN DATED APRIL 15, 2008
33
EXHIBIT D
EAST PARCEL PRELIMINARY PLAN (PRELIMINARY SITE PLAN [SHEET
EX 11 DATED JANUARY 30, 2008, DIMENSIONAL CONTROL & PAVING
PLAN [SHEET C4 DATED MAY 19 2008, GRADING PLAN [SHEET C51 DATED
MAY 19 2008 AND UTILITY PLAN [SHEET C61 DATED MAY 19 2008
34
EXHIBIT E
IEPA DEVELOPMENT PERMIT
35
EXHIBIT F-1
TEXT AMENDMENT TO VILLAGE ZONING REQUIREMENTS
36
EXMBIT F-2
ZONING ORDINANCE FOR WEST PARCEL
37
EXHIBIT F-3
ZONING ORDINANCE FOR EAST PARCEL
38
EXHIBIT G
PUBLIC UTILITY CONCEPT PLAN
39
EXHIBIT H
DEVELOPMENT IMPROVEMENT AGREEMENT
40
EXHIBIT I
USES NOT ALLOWED ON WEST FRONTAGE PARCEL
1. Automobile service station
2. Automobile wash
3. Caskets and casket supplies
4. Child day care center
5. Currency exchanges
6. Dog Kennel
7. Exterminating shops
8. Feed and seed stores
9. Frozen food locker
10. Hospital or sanitarium
11. Pawn shops
12. Towers
13. Personal wireless telecommunications facilities and cellular telephone facilities other than towers,
including antennas, for use with radio and/or other transmitting and receiving equipment, unless
the visibility of such facilities to a person standing at grade is concealed from view.
14. Psychic Readers
15. Tattoo Parlor
16. Taverns(unless part of a restaurant)
17. Tobacco shops
18. Undertaking establishments,funeral parlors
19. Wholesale merchandise broker,excluding wholesale storage
20. Auditorium,stadium,arena,armory,gymnasium and other similar places for public events.
21. Bus terminal, railroad passenger station, freight terminal or any other public transportation
terminal facilities.
22. Churches and places of publiz worship.
23. Convents,monasteries,rectories or parish houses.
24. Wind energy conversion sys'.em
41
EXHIBIT J
USES NOT ALLOWED ON WEST REAR PARCEL
1. Automobile service station
2. Automobile wash
3. Caskets and casket supplies
4. Child day care center
5. Currency exchanges
6. Dog Kennel
7. Exterminating shops
8. Feed and seed stores
9. Frozen food locker
10. Hospital or sanitarium
11. Pawn shops
12. Towers
13. Personal wireless telecommunications facilities and cellular telephone facilities other than towers,
including antennas, for use with radio and/or other transmitting and receiving equipment, unless
the visibility of such facilities to a person standing at grade is concealed from view.
14. Psychic Readers
15. Tattoo Parlor
16. Taverns(unless part of a restaurant)
17. Tobacco shops
18. Undertaking establishments,funeral parlors
19. Wholesale merchandise broker, excluding wholesale storage
20. Bus terminal, railroad passenger station, freight terminal or any other public transportation
terminal facilities.
21. Churches and places of public worship.
22. Convents,monasteries,rectories or parish houses.
23. Wind energy conversion system
42
STATE OF ILLINOIS ) ss.
COUNTY OF COOK )
CERTIFICATE
I,Janet M. Sirabian,certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on, June 2, 2008 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2008-31 AN ORDINANCE APPROVING
AN ANNEXATION AGREEMENT FOR THE LAND&LAKES
PROPERTY, EAST PARCEL AND WEST PARCEL,
MILWAUKEE AVENUE NORTH OF BUSCH PARKWAY
provided by its terms that it should be published in
pamphlet form.
The pamphlet form of Ordinance No. 2008-31,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on June 2,
2008 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove,Illinois,this 3rd day of
June,2008.
al,Lz�- //I.
Villag lerk
By