1994-018 N
3/31/94
ORDINANCE NO. 94- lg
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT
Prairie Grove Subdivision, west side of Prairie Road
south of District 102 Middle School
....WHEREAS,the-Village-of-Buffalo Grove is a Home Rule Unit by
virtue of the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate
Authorities of the Village of Buffalo Grove a petition to annex
the property legally described in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities
of the Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notice of the public hearing on said
Annexation Agreement and Zoning has been given and a public
hearing was held; and,
WHEREAS, it is determined to be in the best interest of the
Village of Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS :
Section 1 . The Annexation Agreement, a copy of which is
attached hereto and made a part hereof as Exhibit A is approved.
Section 2 . The President and Clerk of the Village are hereby
authorized to execute said Agreement on behalf of the Village of
Buffalo Grove.
Section 3 . This Ordinance shall be in full force and effect
from and after its passage and approval. This Ordinance shall not
be codified.
AYES : 5 - Marienthal Reid, Rubin, Hendricks,_President Mathias
NAYES: 0 - None
ABSENT: 1 - Kahn . =` -„` ABSTAIN: 1 - Braiman -
PASSED:
April`4,�1.994 1'.'`:" APPROVED: April 4 1994 -
a)i y
ATTEST:! ' ;' f;,
f ., t' , ,�� APP D: 5'79096
Vil e Clerks r-,,;jc,'• 1• SIDN THIAS
.. V Village President
3579096
RECORDER
LAKE` Cu,�N►Y. ILLINOIS
91► 4L(^ I I Aft In: S 1
-1'
STATE OF ILLINOIS `z'" {� rt
SS. U r
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. 94-18 adopted on the 4th day of
Agril , 19 94 , by the Village Board of the Village .
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 10th day of August ,
19 94
61
Village C1�t
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Deputy Village C1)4kk_
VILLAGE OF 99F GROVE
50 RAUP7 COUILE1 Ar-
WJFFALfi1 GRAVE. -1H.IN01
4/4/94
PRAIRIE GROVE SUBDIVISION
Samuels-Berenz Associates, Inc.
Prairie Road, south of School District 102 Middle School
TABLE OF CONTENTS
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2 . Agreement : Compliance and Validity. . . . . . . . . . . . . . . . . 2
3 . Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . 3
4 . Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . 3
5. Approval of Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Com liance with Applicable Ordinances . . . . . . . . . . . . . . 3
7 . Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8 . Building Permit Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Storm and Sanitary Sewer Provisions . . . . . . . . . . . . . . . . 5
11 . Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12 . Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . 6
13 . Security for Public & Private Site Improvements . . . . 6
14 . Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15. Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16. Annexation Fee... . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 . Building, Landscaping and Aesthetics Plans . . . . . . . . . 7
18 . Project Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19. Park District Donations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
20. School District Donations . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 . Conditions Concerning Park and School Donations . . . . 8
22 . Annexation to the Buffalo Grove Park District. . . . . . 8
23 . Facilitation of Development... . . . . . . . . . . . . . . . . . . . . . . 8
24 . Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . 8
25. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
26. Binding Effect of Agreement . . . . . . . . . . . . . . . . . . . . . . . . 9
27 . Corporate Capacities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
28 . Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
31 . S ecial Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3 3579096
4/4/94
PRAIRIE GROVE SUBDIVISION
Samuels-Berenz Associates, Inc.
Prairie Road, south of School District 102 Middle School
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made
and entered into this 4th day of April, 1994, 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 DeGRAZIA COMPANY, INC. (hereinafter referred to as "Owner") ,
and SAMUELS-BERENZ ASSOCIATES, INC. , an Illinois Corporation,
(hereinafter referred to as "Developer") .
W I T N E 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 of 13 . 622 acres
legally described and identified in the Legal Description, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof and
which real estate is contiguous to the corporate limits of the Village,
and Owner has entered into a contract to sell said Property to the
Developer; and,
WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B,
which depicts a total area of 14 . 474 acres to be annexed; and,
WHEREAS, Developer desires and proposes pursuant to the provisions
and regulations applicable to the R-3 District of the Village Zoning
Ordinance to develop the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by Otis Associates and dated as last
revised February 3, 1994, and also . Preliminary Engineering Plan
prepared by Pearson, Brown and Associates and dated as last revised
February 9, 1994, (hereinafter jointly referred to as "Preliminary
Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS
D and E and incorporated herein, and subject to all other exhibits
attached hereto or incorporated by reference herein. Said development
1 4 3579096
of Property shall consist of not more than 30 single-family detached
homes .
WHEREAS, pursuant to the provisions of Section 5/11-15. 1-1 et.
seq. , of the Illinois Municipal Code (Chapter 65, Illinois Compiled
Statutes 1992) 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
in the R-3 District; and,
WHEREAS, the President and Board of Trustees after due and
careful consideration have concluded that the annexation of the
r; Property to the Village and its zoning and development on the terms
and conditions herein set forth would further enable the Village to
control ,, the development of the area and would serve the best interests
of the Village .
NOW, THEREFORE, in consideration of the premises, mutual
covenants and agreements herein set forth, the parties hereto agree
as follows :
1 . Applicable Law. This Agreement is made pursuant to and in
accordance with the provisions of Section 5/11-15. 1-1 et. seq. , of the
Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992)
and as the same may have been modified by the Village ' s Home Rule
powers . The preceding whereas clauses are hereby made a part of this
Agreement.
2 . Agreement: Compliance and Validity. The Owner has filed
with the Village Clerk of the Village a proper petition pursuant to
and in accordance with provisions of Section 5/7-1-8 of the Illinois -
Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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 Propre t to
the Village. It is understood and agreed that this Agreement in its
entirety, together with the aforesaid petition for annexation, shall
z .9 3579096
be null, void and of no force and effect unless the Property is
validly annexed to the Village and is validly zoned and classified in
the R-3 District, 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 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) .
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 subject to the restrictions further contained herein
and all applicable ordinances of the Village of Buffalo Grove as amended
from time to time. Said zoning shall be further conditioned on the
development of the Property in accordance with the Preliminary Plan
(EXHIBITS D and E) and other exhibits attached hereto or incorporated
by reference herein.
5 . Approval of Plans . The Corporate Authorities hereby approve
the Preliminary Plan (EXHIBIT D and E) pursuant to the provisions of the
Development Ordinance . The Corporate Authorities agree to approve a
Development Plan (including plats of subdivision) based on final
versions of the plans and drawings of the development of the Property as
submitted by the Owner or Developer provided that the Development Plan
shall :
(a) conform to the approved Preliminary Plan, and
(b) conform to the terms of this Agreement and all applicable
Village Ordinances as amended from time to time; and
(c) conform to the approved Development Improvement Agreement
as amended from time to time.
6. Compliance with Applicable Ordinances . The Owner and Developer
agree to comply with all ordinances of the Village of Buffalo Grove as
amended from time to time in the development of the Property, provided
that all new ordinances, amendments, rules and regulations relating to
zoning, building and subdivision of land adopted after the date of this
Agreement shall not be arbitrarily or discriminatorily applin_ o the
Property but shall be equally applicable to all property similarly zoned
and situated to the extent possible. Owner and Developer, in the
3579096
3
development of the Property, shall comply with the standards and time
limits set forth in the Village of Buffalo Grove Development Ordinance
as amended from time to time.
7 . Amendment of Plan. If the Owner or Developer desires to make
changes in the Preliminary Plan, as herein approved, the parties agree
that such changes in the Preliminary Plan will require, if the Village
so determines, the submission of amended plats or plans, together with
proper supporting documentation, to the Plan Commission and/or the
Corporate Authorities to consider such changes to the Preliminary Plan.
The Corporate Authorities may, at their sole discretion, require
additional public hearings and may review the commitments of record
contained in this Agreement, including, but not limited to fees, prior
to final consideration of any change in the Preliminary Plan. The
Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that 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 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 or Developer
and the Village on any engineering and technical matters subject to this
Agreement, the Village reserves the right to pass along any and all
additional expenses incurred by the use of consultants in the review and
inspection of the development from time to time. Owner or Developer
shall pay any non-discriminatory new or additional fees hereinafter
charged by the Village to Owner or Developer or property within the
Village.
9. Water Provision. The Developer shall be permitted and agrees
to tap on to the Village water system at points recommended by the
Village Engineer which points to the extent shown on EXHIBIT E are
hereby approved by the Village. It is understood, however, that changes
to the Preliminary Engineering Plan may be required at the time of Final
Engineering. The Developer further agrees to pay to the Village such
fees in accordance with the applicable Village Ordinances at the time of
the issuance of the water and sewer permits . The Developer agrees to
accept any increase in water rates and tap on fees provided such rates
41 "]'79096
and fees apply consistently to all other similar users in the Village to
the extent possible. Following such tap on, the Village agrees to
provide to the best of its ability and in a non-discriminatory manner
water service to all users on the Property in accordance with the
Preliminary Plan. Watermains serving the Property and those approved as
part of the development shall be installed by the Developer and, except
for service connections to the buildings shall, upon installation and
acceptance by the Village through formal acceptance action by the
Corporate Authorities, be dedicated to the Village and become a part of
the Village water system maintained by the Village.
10 . Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the
Developer and to use their best efforts to aid Developer in obtaining
such permits from governmental agencies having jurisdiction as may be
necessary to authorize connection from the proposed development to the
Lake County Public Works Department for the collection of sewage and to
the Lake County Division of Transportation as may be appropriate. The
Developer shall construct on-site sanitary sewers pursuant to EXHIBIT E
and off-site sanitary sewers as may be necessary to service the
Property. It is understood, however, that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering, Upon
installation and acceptance by the Village through formal acceptance
action by the Corporate Authorities, the Corporate Authorities agree to
operate and maintain such systems, except for sanitary sewer service
connections. The Developer agrees to accept any increase in sewer rates
and tap on fees, provided that such fees and rates are applied
consistently to all similar users in the Village to the extent possible.
B. The Developer shall also construct on-site storm sewers
pursuant to EXHIBIT E and off-site storm sewers as may be necessary to
service the Property. 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 .
C. It is understood and agreed that EXHIBIT E depicts "proposed"
off-site stormwater and sanitary sewers that are required to serve the
Property. Developer shall submit plans for these off-site facilities to
5 S 357909G
the Village for review and approval . The Village will not approve a
final plat of subdivision for any portion of the Property until the
Developer has demonstrated to the Village' s satisfaction that said off-
site sewers will be constructed to serve the Property. No certificate
of occupancy for any residential unit on the Property shall be issued by
the Village until said off-site sewers are constructed and fully
........ _
operational to serve the Property.
11 . Drainage Provisions. The Developer shall fully comply with
any request of the Village Engineer related to the placement of
buildings on lots, to preserve drainage standards. The Developer shall
install any storm sewers and/or inlets which are required to eliminate
standing water or conditions of excess sogginess which may, in the
opinion of the Village Engineer, be detrimental to the growth and
maintenance of lawn grasses .
12 ., Payment of Recapture Fees Owed. The Property is required to pay
recapture fees for sanitary sewer service pursuant to Village Ordinances
79-53, °,.85-7, 85-16, 85-66, 85-67, 85-77 and 88-09, and for Prairie Road
and Brandywyn Lane pursuant to Ordinance 93-41 . Said recaptures shall
be paid to the Village upon final platting of the first plat of
subdivision for any portion of the Property.
13 : Security for"Public and Private Site Improvements . Security for
public and private site improvements shall be provided in accordance
with the Development Ordinance, and the Development Agreement (EXHIBIT
C) as amended from time to time . Any letter of credit issued for such
improvements shall be drawn on a financial institution of net worth
reasonably satisfactory to the Village Attorney. The issuer may have an
equitable or lending interest in the Property provided that the letter
of credit, either by its own terms or by separate written assurances of
the issuer, shall be honored irrespective of that interest. The Village
shall have the right to draw up to the full amount of the letter of
credit in order to complete, and have formal acceptance of, all --
improvements secured by the letter of credit .
14 . Right of Way Dedication. At the request of the Village, but no
later than upon approval of the first plat of subdivision of any portion
of the Property, Owner and Developer agree to dedicate 1-4—fleet of
additional right-of-way along the west side of Prairie Road to achieve
a right-of-way of 54 feet from the center line of said road.
6 q 3579096
15. Exhibits . The following EXHIBITS, some of which were
presented in testimony given by the Developer or the witnesses during
the hearings held before the Plan Commission and the Corporate
Authorities prior to the execution of this Agreement, are hereby
incorporated by reference herein, made a part hereof and designated
as shown below. This Agreement, upon execution by the parties,
..e - -
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 March 25, 1994
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan dated as last revised February
3, 1994 by Otis Associates, Inc. _
EXHIBIT E Preliminary Engineering Plan as last revised
February 9, 1994 by Pearson, Brown and
Associates, Inc.
16 . Annexation Fee. Developer agrees to pay an annexation fee
of $700 . 00 per dwelling unit which fee shall be payable prorata at
issuance of building permits . This fee, however, shall be paid in
full prior to the expiration of this Agreement.
17 . Building, Landscaping and Aesthetics Plans . Developer will
submit building and landscaping plans (which landscaping plans shall
conform to the requirements of Village Ordinances) for approval by the
Appearance Commission and the Corporate Authorities before commencing
construction of buildings . Lighting and signage shall be compatible
with surrounding areas as approved by the Appearance Commission.
Phases not under construction or completed shall be maintained in a
neat and orderly fashion as determined by the Village Manager.
18 . Project models . The Village agrees to permit the Developer
to construct and maintain one (1) area for model homes on the
Property, consisting of a maximum of three (3) buildings with suitable
off-street parking areas, all subject to approval by the Appearance
Commission. Such construction shall be in compliance with the
Village' s Building Code in effect at the time of building permit
issuance . The use of the model homes for marketing homes on the
Property shall be discontinued when development of the Property as
proposed herein has been completed. m-
19. Park District Donations . Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended
10 3579096
from time to time regarding park donations . Developer agrees to make
cash contributions to the Village for conveyance to the Buffalo Grove
Park District to fulfill the obligation of the Property concerning park
donations . It is understood and agreed that the Village is reviewing
development plans for a 14-acre tract south of the Property. If the
Village determines that an active use park site in compliance with the
requirments of said Title 19 will be provided on said 14-acre tract
south of the Property in a size and location adequate to serve the
Property, and said 14-acre tract, then said requirement for cash
contributions will be waived for the Property.
20. School District Donations. Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended
from time to time regarding school donations . Developer agrees to make
cash contributions to the Village for conveyance to School Districts No.
102 and 125 according to the criteria of said Title.
21 . , Conditions Concerning Park and School Donations . It is
understood and agreed that rooms in the residential units labeled as
dens, lofts, or studies on the floor plans will be counted as bedrooms
for the- purposes of calculating park and school donations, if, in the
judgment of the Village, said rooms can be used as bedrooms . It is
understood and agreed that the per acre land value used to compute said
cash contributions 'may be increased from time to time, and cash
contributions made at the time of building permit issuance shall be
based on the land value in effect at the time of permit issuance.
22 . Annexation to the Buffalo Grove Park District. The Owner and
Developer agree, at the request of the Buffalo Grove Park District, to
annex any part or all of the Property to said Park District .
23 . Facilitation of Development. Time is of the essence of this
Agreement, and all parties will make every reasonable effort to expedite
the subject matters hereof. It is further understood and agreed that
the successful consummation of this Agreement and the development of the
Property in the best interests of all the parties requires their
continued cooperation. The Owner and Developer do hereby evidence its
intention to fully comply with all Village requirements, its willingness
to discuss any matters of mutual interest that may arise, and its
willingness to assist the Village to the fullest extent possible . The
Village does hereby evidence its intent to always cooperate in the
resolution of mutual problems and its willingness to facilitate the
8 11 3579096
development of the Property, as contemplated by the provisions of this
Agreement.
24 . Enforceability of the Agreement. This Agreement shall be
enforceable in any court of competent jurisdiction by any of the parties
or by an appropriate action at law or in equity to secure the
performance of the covenants herein described. If any provision of this
Agreement is held invalid, such provisions shall be deemed to be excised
herefrom and the invalidity thereof shall not affect any of the
provisions contained herein.
25. Term of Agreement. This Agreement will be binding on all
parties and the Property for a term of twenty (20) years from the date
of the execution of this Agreement by the Village. This Agreement shall
not be assigned without prior written consent of the Village . -
26. Binding Effect of Agreement. This Agreement shall be binding
upon the Property, the parties hereto and their respective successors
and assigns .
27 . 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.
28 . 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 Developer: Jeffrey L. Samuels
Samuels-Berenz Associates, Inc.
2141 Mallard Drive
Northbrook, IL 60062
Copy to: Edward Yalowitz, Esq.
Holleb and Coff
55 E. Monroe Street, Suite 4100 -
Chicago, IL 60603
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
9 1 ) 3579096
1140 Lake Street
Suite 400
Oak Park, IL 60301
29 . Default.
A. In the event Owner or Developer defaults, in their
performance of their obligations set forth in this Agreement, then the
Village, may, upon notice to Owner or Developer allow Owner or Developer
sixty (60) days to cure default or provide evidence to the Village that
such default will be cured in a timely manner if it cannot be cured
during said period. If Owner or Developer fails to cure such default or
provide such evidence as provided above, then, with notice to Owner or
Developer, the Village may begin proceedings to disconnect from the
Village any portion of the Property upon which development has not been T
completed or at the option of the Village, to rezone such Property or
portion thereof to the R-E District classification. In such event,
this Agreement shall be considered to be the petition of the Owner or
Developer to disconnect such portion of the Property, or at the option
r
of the Village to rezone such Property or such portion thereof to the
R-E District classification.
B . In addition to sub-paragraph A. hereof, it is recognized
by the parties hereto that there are obligations and commitments set
forth herein which are to be performed and provided for by the Developer
not by the Owner. The Village agrees that the Owner as such is
exculpated from any personal liability or obligation to perform
the commitments and obligations set forth herein and that the Village
will look solely to the Developer for such performance, except that to
the extent that the Owner or successor thereto shall become a developer
or shall designate or contract with a developer other than Samuels-
Berenz Associates . In that case, the Owner or the new designee shall
be subject to the liabilities, commitments and obligations of this
Agreement. In the event the Developer defaults in his obligations
created under this Agreement, the Village may enforce such obligations -
against the Property Owner.
C . The parties further agree that they may, in law or in
equity, by suit, action, mandamus, or any other proceeding, i.nclu-ding,
without limitation, specific performance, enforce or compel the
performance of this Agreement; provided, however, that Developer and
10 0 579096
Owner agree that they will not seek and do not have the right to seek
to recover a judgment for monetary damages against the Village or any
elected or appointed officials, agents, representatives, attorneys, or
employees thereof on account of the negotiation, execution, or breach
of any of the terms and conditions of this Agreement.
30 . Litigation.
A. The Developer and Owner, at their cost, shall be
responsible for any litigation which may arise relating to the
annexation, zoning and development of the Property except for any
litigation arising out of any default by the Village under this
Agreement. Owner and Developer shall cooperate with the Village in
said litigation but Developer' s counsel will have principal
responsibility for such litigation. _
B. The Owner and Developer shall reimburse the Village for
reasonable attorney's fees, expenses and costs incurred by the Village
resulting from litigation relating to the annexation, zoning and
development of the Property as set forth in Paragraph 30 .A. above or in
the enforcement of any of the terms of this Annexation Agreement upon
a default by the Owner and Developer.
C. Owner and Developer hereby indemnify and hold the Village
harmless from any actions or causes of action which may arise as a
result of development activities for which the Owner or Developer is
responsible.
31 . Special Conditions .
A. All water wells and septic sewer facilities on the Property
shall be properly sealed or pumped and filled as required by
the Illinois Department of Public Health and as approved by the
Village Health Officer.
B. All buildings, structures, vehicles, junk and debris on the
Property prior to the date of this Agreement shall be removed
prior to initial grading for the development. If the Village
so directs, the Developer shall allow the Village to use said -
buildings and structures for fire training purposes . Developer
shall be responsible for removing the remains of said buildings
and structures from the Property.
C. The stormwater detention area, as depicted on EXHIBITS—D and
E, shall be conveyed to the Village at the request of the
Village when required improvements are satisfactorily
11 I� 3579096
completed, as determined by the Village Engineer.
D. The removal or relocation of any trees or other plant material
on the Property is subject to approval by the Village. Prior
to any grading or site preparation work on the Property,
Developer shall obtain approval of a tree preservation plan by
the Village.
E. Developer shall ensure that construction vehicles and equipment
and personal vehicles of construction workers are not parked
on residential streets adjacent to the Property or the District
102 Middle School site.
F. Developer shall provide an easement and construct the "18-foot
emergency access" street connecting the local streets on the
Property to Prairie Road. Design and construction of said
access is subject to Village approval . No certificate of
occupancy for any residential unit on the Property shall be
issued by the Village until said access is completed and
approved by the Village. At such time as the Village
determines that the access is no longer needed for emergency
purposes said access and easement shall be modified as approved
by the Village to serve as a 5-foot wide pavement for
pedestrian and bicycle use . If the Village determines that
adequate access to Prairie Road will be provided south of the
Property, then the Village, in its sole discretion, may waive
the requirement to construct said emergency access street . If
the Village determines that the 5-foot pavement for pedestrian
and bicycle use is not needed on the Property, then the
Village, in its sole discretion may waive the requirement to
construct said pavement.
G. It is understood and agreed that the Village is reviewing
development plans for a tract on the east side of Prairie Road
adjacent to the subject Property, that the Village' s
Comprehensive Plan contemplates future residential development
for parcels on the west side of Prairie Road south of the
subject Property, and that to serve the public' s health, safety
and welfare, an efficient local street system must be developed
for the Property and adjacent parcels. If the Village so
directs, Developer will modify EXHIBITS C and D of this
Agreement to provide a local street designed to the Village' s
12 0 3579096
standards connecting to Prairie Road in lieu of and in the same
location as the emergency access street described in Paragraph
31 .F. above. The Village' s determination concerning the need
to provide said local street shall be made prior to approval
of the plat of subdivision for the 14-acre tract south of the
Property.
H. Developer shall construct the collector street pursuant to
EXHIBIT E, and shall construct the off-site portion of the
collector street from the Property to Brandywyn Lane, all in
accordance with Village standards. Lots 1 and 30 as depicted
on EXHIBITS D and E shall not have driveway access to said
collector street.
IN WITNESS WHEREOF, the Corporate Authorities and Owner and -
Developer have caused this instrument to be executed by their
respective proper officials duly authorized to execute the same on the
day and the year first above written.
VIL BU
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OWNER THE D RAZIA COMPANY, INC.
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DEVEL PER Samu 1s- re z Associates
3579096
13
PRAIRIE GROVE SUBDIVISION
Prairie Rd. south of Dist. 102 Middle School
Annexation Agreement
Location Map
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SUBJECT PROPERTY
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EXHIBIT A
ANNEXATION AGREEMENT
LEGAL DESCRIPTION
Prairie Grove Subdivision
PARCEL 1: THAT PART OF THE EAST 1/2 OF THE SOUTHWES- 1/4 OF SECTION 21.
TOWldSJHIP 43 NORTH, RANGE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE POINT OF THE EAST LINE OF SAID HALF QUARTER
SECTION, 643.41 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89
DEGREES 23 MINUTES 28 SECONDS WEST 569.22 FEET, MORE OR LESS; THENCE SOUTH 00
DEGREE'S 08 MINUTES 44 SECONDS EAST 231.13 FEET MORE OR LESS; THENCE NORTH 89
DEGREES 27 MINUTES 21 SECONDS EAST 568.52 FEET MORE OR LESS; THENCE NORTH
ALONG THE EAST LINE OF SAID HALF QUARTER SECTION A DISTANCE OF 231.78 FEET MORE
OR LESS. TO THE POINT OF BEGINNING; IN LAKE COUNTY. ILLINOIS. _
PARCEL 2: THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 21.
TOWNSHIP 43 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS. COMMENCING AT A POINT ON THE EAST LINE OF SAID HALF QUARTER SECTION.
643.41 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE WESTERLY 1324.23
FEE;. MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID HALF QUARTER SECTION,
640.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF. FOR A POINT OF BEGINNING;
THENCE SOUTH ALONG THE WEST LINE OF SAID HALF QUARTER SECTION, 230.28 FEET;
THENCE EASTERLY 755.26 FEET; THENCE NORTH PARALLEL WITH THE AFORESAID WEST LINE
OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 21, A DISTANCE OF 231.13 FEET TQ
A POINT ON THE NORTH LINE OF THE LAND HEREIN DESCRIBED, SAID POINT BEING 755.27
FEET EAST OF THE POINT OF BEGINNING; THENCE WEST. A DISTANCE OF 755.27 FEET TO
THE POINT OF BEGINNING. IN LAKE COUNTY. ILLINOIS.
PARCEL 3: THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4. DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE-EAST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 411.63
FEET SOUTH OF THE NORTHEAST CORNER; THENCE WESTERLY 1324.69 FEET TO A POINT ON
THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4. 410.13 FEET SOUTH OF THE
NORTHWEST CORNER; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 1/2 OF THE
SOUTHWEST 1/4. 230.28 FEET. THENCE EASTERLY 1324.78 FEET TO A POINT 231.78 FEET
SOUTH OF THE POINT OF BEGINNING; THENCE NORTH ALONG THE EAST LINE OF THE EAST
1/2 OF THE SOUTHWEST 1/4, 231,78- FEET TO THE POINT OF BEGINNING IN SECTION 21.
TOWNSHIP 43 NORTH. RANGE 11. EAST OF THE THIRD -PRINCIPAL MERIDIAN, IN LAKE
COUNTY. ILLINOIS_
Subject Pro ert Common Descri tion: The approximately 14 acres
on the west side of Prairie Road south of the District 102 Middle
School.
79o96