1991-029 2/28/91
ORDINANCE NO. 91- 29
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
New Life Evangelical Lutheran Church
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex the property
legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notices of the public hearing on said Annexation
Agreement and Zoning has been given and a public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized
to execute said Agreement on behalf of the Village of Buffalo Grove.
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: - Reid Shifrin Mathias O`Malle Kahn
NAYES: 0 - None
ABSENT: 1 - Marientahl
PASSED: March 4 1991
APPROVED: March 4 1991
APPROVED:
VERNA L. CLAYTON, Vil age Pre 'dent
ATTEST:
Villao Clerk
3/4/91
NEW LIFE EVANGELICAL LUTHERAN CHURCH
ANNEXATION AGREEMENT
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. proval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
10. Storm and Sanitar Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
13. Security for Public and Private Site Improvements. . . . . . . . . . . . .8
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Building, Landscapin and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .9
16. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
17. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
18. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . .9
19. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
20. Enforceability of the A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
21. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 0
Binding22. Effect of Agreement r„eement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
23. Coryorate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
24. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
25. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
26. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
NEW LIFE EVANGELICAL LUTHERAN CHURCH
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Subject Property
3/4/91
NEW LIFE EVANGELICAL LUTHERAN CHURCH
(Busch Road/Buffalo Grove Road)
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement" made and
entered into this 4th day of March, 1991 , 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 the NEW LIFE EVANGELICAL
LUTHERAN CHURCH an Illinois not-for-profit corporation (hereinafter referred
to as 'Owner") .
W I T N E S S E T H:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 3.8 acres legally described and
identified in EXHIBIT A, which exhibit is made a part hereof and which real
estate is contiguous to the corporate limits of the Village; and,
WHEREAS, a Plat of Annexation, including street right-of-way adjacent to
the Property, is attached hereto as EXHIBIT B, which depicts a total area of
3.8 acres to be annexed; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and
regulations applicable to the R-3 (One-Family Dwelling) District of the
Village Zoning Ordinance, with a Special Use authorization for a church and a
parsonage, to develop the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by Ware Associates and dated as last
revised November 1, 1990, and also the Preliminary Engineering Plan prepared
by Joseph F. Koenen, P.D. , and dated as last revised November 8, 1990,
1
(hereinafter jointly referred to as the "Preliminary Plan") a copy of which Preliminar
hereto as EXHIBIT D and EXHIBIT E and incorporated herein, and subject to all
other exhibits attached hereto or incorporated by reference herein. Said
development of the Property shall consist of a parsonage building (a
two-story single-family dwelling unit of 3,680 square feet including an
attached garage) and a one-story church building of 6,600 square feet, and an
on-site parking lot for 113 vehicles; and,
WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of
the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1989) and
as the same may have been modified by the Village's Home Rule Powers, a
proposed Annexation Agreement was submitted to the Corporate Authorities and
a public hearing was held thereon pursuant to notice as provided by Statute;
and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations with
respect to the requested zoning classification of R-3 with a Special Use for
a church; 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 11-15. 1-1 et. seq. , of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes 1989) and as the same
2
may have been modified by the Village 's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Agreement.
2. Agreement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a proper petition pursuant to and in accordance
with provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24,
Illinois Revised Statutes 1989) and as the same may have been modified by the
Village's Home Rule powers, conditioned on the execution of this Agreement
and the compliance with the terms and provisions contained herein, to annex
the Property to the Village. It is understood and agreed that this Agreement
in its entirety, together with the aforesaid petition for annexation, shall
be null, void and of no force and effect unless the Property and adjacent
right-of-way is validly annexed to the Village and is validly zoned and
classified in the R-3 District with a Special Use authorization for a church
and a parsonage, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one(21) days of the execution of this Agreement by the Village will
enact a valid and binding ordinance(hereinafter referred to as the
"Annexation Ordinance" annexing the Property and adjacent right-of-way 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) . Recordation shall take place no more than thirty (30) days after
enactment of the 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 R-3
District with a Special Use Authorization for a church and parsonage subject
to the restrictions further contained herein and all applicable ordinances of
3
The Village of Buffalo Grove as amended from time to time. Said zoning shall
be further conditioned on the development of the Property in accordance with
the Preliminary Plan (EXHIBITS D and E) and all other EXHIBITS incorporated
in this Agreement.
5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan subject to the Special Conditions as delineated in Paragraph
26 hereto (EXHIBIT D and EXHIBIT E) for the Property pursuant to the
provisions of the Development Ordinance and in addition agree to approve a
Final Plan of Development and plats of the development of Property upon
submission by the Owner of complete and proper materials as required for the
issuance of appropriate building and other permits based on final versions of
the plans and drawings of the development of the Property as submitted by the
Owner provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBIT D and E) ; 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 Development Improvement Agreement (EXHIBIT C) as
amended from time to time.
p p The Owner agrees to comply
. Compliance with Applicable Ordinances.
with all ordinances of the Village of Buffalo Grove as amended from time to
time in the development of the Property, provided that all new ordinances,
amendments, rules and regulations relating to zoning, building and subdivision
of land adopted after the date of this Agreement shall not be arbitrarily or
discriminatorily applied to the Property but shall be equally applicable to
all property similarly zoned and situated to the extent possible. Owner, in
the development of the Property, shall comply with the standards set forth in
the Village of Buffalo Grove Development Ordinance as amended from time to
time.
7. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in
4
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, may
require an amendment to this Agreement, and may review. the commitments of
record contained in this Agreement, including but not limited to fees, prior
to final consideration of any change in the Preliminary Plan. The Village
Manager is hereby authorized to approve such minor changes as he deems
appropriate, provided that no such changes - (a) involves a reduction of the
area set aside for common open space; nor (b) increases by more than two
percent (2%) the floor area proposed for nonresidential use; nor (c)
increases by more than two percent (2%) the total ground area covered by
buildings.
8. Building, Permit Fees. The building permit fees may be increased
from time to time so long as said permit fees are applied consistently to all
other developments in the Village to the extent possible. In the event a
conflict arises between the Owner and the Village on any engineering and
technical matters, the Village reserves the right to pass along any and all
additional expenses incurred by the use of consultants in the review and
inspection of the development from time to time. Owner shall pay any
non-discriminatory new or additional fees hereinafter charged by the Village
to owner or property within the Village.
9. Water Provision. The Owner shall be permitted and agrees to tap
on to the Village water system at points recommended by the Village Engineer
which points to the extent shown on EXHIBIT E are hereby approved by the
Village. It is understood, however, that changes to the Preliminary
5
Engineering Plan may be required at the time of final engineering. The Owner
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 Owner agrees to accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar
users in the Village to the extent possible. Following such tap on, the
Village agrees to provide to the best of its ability and in a
non-discriminatory manner water service to 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 Owner and, except for
service connections to the buildings shall, upon installation and acceptance
by the Village through formal acceptance action by the Corporate Authorities,
be dedicated to the Village and become a part of the Village water system
maintained by the Village.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid the Owner in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department for the collection of sewage and to the Lake county Division of
Transportation as may be appropriate. The Owner shall construct on-site and
off-site sanitary sewers as may be necessary to service the Property, in
accordance with EXHIBIT E. 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
6
connections. The Owner agrees to accept any increase in sewer rates and tap
on fees, provided that such fees and rates are applied consistently to all
similar users in the Village to the extent possible.
B. The Owner shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, in accordance
with EXHIBIT E. 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 record a covenant to that effect with thirty (30) days
of the recording of the Plat of Subdivision.
11. Drainage Provisions. The Owner shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to
preserve drainage standards. The Owner shall install any storm sewers and/or
inlets which are required to eliminate standing water or conditions of excess
sogginess which may, in the opinion of the Village Engineer, be detrimental
to the growth and maintenance of lawn grasses. The Village acknowledges that
the Property drains into Outlot A in the Westchester Estates Subdivision and
will be used for said drainage pursuant to attached EXHIBIT E.
12. Payment of Recapture Fees Owed. Any amount of recapture required
to be paid by this Property, including for sanitary sewer service, shall be
due and payable upon final platting of Phase I of development of the
Property.
7
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 issues for such
improvements shall be drawn on a financial institution of net worth reasonably
satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either
by its own terms or by separate written assurances of the issuer, shall be
honored irrespective of that interest. The Village shall have the right to
draw up to the full amount of the letter of credit in order to complete, and
have formal acceptance of, all improvements secured by the letter of credit.
14. Exhibits. The following EXHIBITS , some of which were presented in
testimony given by the Owner or the witnesses during the hearings held before
the Plan Commission and the Corporate Authorities prior to the execution of
this Agreement, are hereby incorporated by reference herein, made a part
hereof and designated as shown below. This Agreement, upon execution by the
parties, together with copies of all EXHIBITS, shall be kept on file with the
Village Clerk and be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Plat of Annexation dated October 29, 1990 (revised)
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated November 1, 1990 (revised) by
Ware Associates
EXHIBIT E Preliminary Engineering Plan dated November 8, 1990
(revised) by Joseph F. Koenen, P.E.
8
EXHIBIT F Parsonage elevations and floor plans (Sheets 1
through 4) dated September 4, 1990 by W. Lloyd
Christoph
EXHIBIT G Conceptual landscape plan dated November 1, 1990 by
Urban Forest Management, Inc.
15. Building, Landscaping_ and Aesthetics Plans. Owner will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction of buildings.
Lighting and signage shall be compatible with surrounding areas. Phases not
under construction or completed shall be maintained in a neat and orderly
fashion as determined by the Village Manager.
16. Park District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended
regarding park donations.
17. School District Donations. Owner agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding school donations. Owner agrees that it will make
contributions of cash to the Village for conveyance to School Districts #102
and #125 according to the criteria of said Title.
18. Annexation to the Buffalo Grove Park District. The Owner agrees,
at the request of the Buffalo Grove Park District, to annex any part or all
of the subject Property to said Park District.
19. Facilitation of Development. Time is of the essence of this
Agreement, and all parties will make every reasonable effort to expedite the
subject matters hereof. It is further understood and agreed that the
successful consummation of this Agreement and the development of the Property
9
in the best interests of all the parties requires their continued
cooperation. The Owner does hereby evidence his intention to fully comply
with all Village requirements, his willingness to discuss any matters of
mutual interest that may arise, and his 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.
20. 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.
21. Term of Agreement. This Agreement will be binding on all parties
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.
22. Binding Effect of Agreement. This Agreement shall be binding upon
the Property, the parties hereto, and their respective successors and
assigns.
23. 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.
10
24. 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: Pastor Chris Cordes
New Life Evangelical Lutheran Church
336 Bentley Place
Buffalo Grove, IL 60089
Copy to: Jerome W. Pinderski, Jr. , Esq.
Pinderski and Pinderski, Ltd.
115 West Colfax Street
Palatine, IL 60067
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Bloche, French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
25. Default.
A. In the event Owner defaults in his performance of his obligations
set forth in this Agreement, then the Village, may, upon notice to Owner allow
Owner sixty (60) days to cure default or provide evidence to the Village that
such default will be cured in a timely manner if it cannot be cured during
said period. If Owner fails to cure such default or provide such evidence as
provided above, then, with notice to Owner, the Village may being proceedings
to disconnect form 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 zoning classification. In such event, this
Agreement shall be considered to be the petition of the Owner to disconnect
such portion of the Property, or at the option of the Village to rezone such
Property to the R-E District zoning classification.
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26. Special Conditions.
A. The following variation to the Village's Zoning Ordinance is hereby
granted:
Section 17.40.020.B - to allow an interior side yard of eight(8)
feet on the north side of the parsonage as depicted on EXHIBIT D.
B. Development of the Property shall be allowed to occur in three
phases:
1. Phase 1 shall include construction of the parsonage building,
connection of the parsonage to Village water and sanitary
sewer systems, construction of a temporary driveway to Buffalo
Grove Road to serve the parsonage, and implementation of the
approved landscaping plan along the north property line and
the east property line adjacent to the parsonage.
2. Phase 2 shall include the church building as depicted on
EXHIBITS D and E, completion of all water and sewer
improvements required by the Village and as depicted on
EXHIBIT E, completion of the parking areas and driveways
depicted on EXHIBIT E, completion of the approved landscaping
plan for the property and removal of the temporary driveway
(including parkway restoration) to Buffalo Grove Road serving
the parsonage. . All required parkway trees and streetlights
along Busch Road and Buffalo Grove Road adjacent to the
Property shall be completed not later than Phase 2 of
development of the Property.
3. Phase 3 shall include the planned addition to the church
building as depicted on EXHIBITS D and E, and the parking area
depicted on EXHIBIT E.
12
C. Development of Phase 1 shall not require further review by the Plan
Commission if constructed in accordance with EXHIBITS D and E. Phase 1 is
subject to all applicable Village requirements including but not limited to
Appearance Commission approval and issuance of required permits.
D. Development of Phases 2 and 3 'are subject to approval by the
Village, and shall require amendment of the Special Use authorization
concerning revised and new exhibits and approval of a Preliminary Plan.
E. The temporary driveway constructed for the Phase I parsonage shall
be removed as part of the Phase 2 improvements, and landscaping shall be
replaced when the temporary driveway is removed.
F. The landscaping plan requires approval by the Village's Appearance
Commission, and said plan shall include plant materials to provide a screen
for residential properties adjacent to the north and east areas of the
Property. Landscaping on the Property shall include plantings along the
north and east sides of the church parking lot and along the north side of
the parsonage driveway.
G. The eight-foot wide sidewalk required to be constructed along
Buffalo Grove Road shall be extended from the Property north to the existing
bituminous bikepath in the stormwater detention area north of the Property.
Said sidewalk and extension shall be constructed in Phase 1 of development of
the Property, and shall be completed within two years of the date of this
Agreement.
H. The existing structures and any debris on the Property shall be
removed as part of Phase 1 of development of the Property.
I. The signs and outdoor lighting shown on the exhibits to this
Agreement are not approved, and require approval by the Village Appearance
Commission pursuant to Village regulations.
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J. The church shall not have bells or similar sound-making equipment
for producing sound outside of the church building.
K. The emergency generator adjacent to the parsonage shall be screened
with landscaping as approved by the Village Forester and Appearance
Commission.
L. The Owner shall comply with the following phasing plan and schedule
concerning development of the Property:
1. Phase 1 - Completion of Phase 1 as depicted on EXHIBIT D and
as defined in this Agreement, within two years of the date of
issuance of a Village building permit.
2. Phase 2 - Construction of Phase 2 as depicted on EXHIBIT D
(subject to Paragraph 26.D. of this Agreement) will begin
within two years of the issuance of a certificate of occupancy
for the parsonage built in Phase 1, and will be completed not
later than December 31 , 1994.
3. Phase 3 - Completion of Phase 3 as depicted on EXHIBIT D
(subject to Paragraph 26.D. of this Agreement) not later than
December 31, 1999.
Violation of this Paragraph shall, pursuant to a decision of the Village, be
a default of this Annexation Agreement. In addition to the Village's
remedies under Paragraph 25 hereof, the Village shall have the right to
revoke the Special Use granted for the Property.
M. The Owner shall pay a fire protection impact fee of $0.75 per
square foot of building area for the church building and additions at the
time of issuance of building permits. The Village reserves the right to
waive said fire impact fee.
14
IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this
instrument to be executed by their respective proper officials duly
authorized to execute the same on the day and the year first above written.
VILLAG F BUFFALO GROVE
VERNA L. CLA N, illage P �d,,t
ATTEST:
Vill4ge Clerk
OWNER
yi
N IFE EVANGELICAL LUtXERAN CHURCH
ATTEST:
15
EXHIBIT ,A
NEW LIFE EVANGELICAL LUTHERAN CHURCH
ANNEXATION AGREEMENT
LEGAL DESCRIPTION: The West 330 feet (except the West 54 feet thereof) of
the North 600 feet of the South 660 feet of the North West 1/4 of the South
West 1/4 of Section 28, Township 43 North, Range 11, East of the Third Princ-
ipal Meridian, In Lake County, Illinois.
z
VILLAGE OF BUFFALO GROVE
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, Illinois,
this ` day of '-�Gtz� 19�.
VALL
llage Clerk
By--V3 V-ut-P 4
C '
Deputy Village .Clerk