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1995-056 �- 3696124 ORDINANCE NO. 95- 56 RECORDER LAKE COUNT ILLINOIS AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT F©R JUI 3 THE WILKINS PROPERTY 22596 Prairie Road Z� 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: 6 - Marienthal, Reid Rubin Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None 4 PASSED: June 5, 1995 APPROVED: June 5, 1995 ATTEST: APPROVED: f ? : �� Villag lerk, � x r SIDNEY 1H-10THIAS,Village President r• - - f 6/5/95 THE WILKINS PROPERTY, 22596 Prairie Road (West side of Prairie Road, east of Carlyle Lane) 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. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . 4 7. Amendment of Plan -4 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Water Provision 5 10. Storm and Sanitaa Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . 6 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12. Payment of Reca ture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . 7 14. Ri ht of Way Dedication. . . . . 7 15. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16. Annexation Fee. . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17. Building, Landsca inand Aesthetics Plans. . . . . . . . . . . . . . . . . . . . 8 18. Pro'ect Models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21. Conditions Concerninq Parks and School Donations. . . . . . . . . . . . . 9 22. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . . 10 23. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 24. Enforceability of the A reement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 25. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 26. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 27. Corporate Capacities. * ' " ' . . . * ' ' * ' ' * * . . . * ' ' * . . . . . * ' ' * * * apacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 28. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 29. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 30. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 31. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 L, , 369(;-1 4 THE WILKINS PROPERTY 22596 PRAIRIE ROAD Annexation Agreement Location Map 210- HALF DAY 216 22a6 18 82 1 7& 162-16 114-120 106- 98- 112 104 Q 228 218 o re 1962 O 127- 1921 1115 75 6167 90-96 / 230 22� 165 129 103- 77- 6-72 WILLOW 175- 171 35- 105 Q 83 55 80 82-88 / 15- 205- 177 59- O137 SB-64 i-249 222 2217 211 1161 141- 939 87- / 2�9 227 181- 99 89 50-56 O Q 187 51-153 147 D 18-24 10-16 / '37- 197-20.. 191-19 42-48 W 243 229-235 34- 26- 0 2- t / 40 32 8 Q / 43-49 29- 3-9- a � 1fS@ 30 28 35-4 1 310 32 C 24 19-25 117 5654 34 2 20 N N ru 5 m 603 58 52 36 38 18 8 A ro w m> 50 40 16 10 4 9 a 0 481.44 42 14 l2 .TE 2 232 15 �y 57 41 r ERR z a m N N 63 51 47 45 ^' 65 69 y a3t : 0 71 4 42 40 38 36 34 32 14 ti N 75 30 w < ' ,�9ob o ro o 77 50 4l 39 �''t ' ,'N,,.,�r, a 78 81 37 35 33 �y 22 �S `fib 80 83 52 43 31 2202 l60 13 154 82 87 54 45 " 2192 2194 20 l62 152 84 89 56 29 47 2190 2196 / f2AN YWYN LANE 2199 22012203 T 2195 r. �n rn n rl M o N N N N N N � Oh1 / N N N N ~ / 051 2070 2071 2044 2045 to o / / N O o 2060 20fil 7n-m 7039 Annexed Area to be �6y6124 6/5/95 THE WILKINS PROPERTY, 22596 Prairie Road (West side of Prairie Road, east of Carlyle Lane) ANNEXATION AGREEMENT This agreement(hereinafter referred to as the"Agreement") made and entered into this 5th day of June, 1995, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and Carl A. Wilkins and John L. Wilkins, as Joint Tenants (hereinafter referred to as "Owner") and PRAIRIE DEVELOPMENT, L.L.C., an Illinois Limited Liability Company, (hereinafter referred as "Developer"). WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 2.999 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, WHEREAS, a Plat of Annexation, including certain street right-of-way adjacent to the Property, is attached hereto as EXHIBIT B, which depicts a total area of 2.881 acres to be annexed (it is noted that part of the Property, that is pre-existing right-of-way, has been previously annexed by the Village); and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-3 One-Family District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan 1 � 3696124 r prepared by Land Consultants, Inc. and dated as last revised May 17, 1995, and also Preliminary Engineering Plan prepared by Charles W. Greengard Associates, Inc. and dated as last revised May 26, 1995, (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 of property shall consist of not more than seven (7) single-family lots. 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 of R-3 District and variation of the Village Development Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, 2 I �6y6124 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 Developer has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with provisions of Section 517-1-8 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 Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-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). Recording shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning the Property in the 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 3 r' 3696124 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 (EXHIBITS 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 applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the 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 4 --- 3696124 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 change 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 an owner or a 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 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 3696124 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 Sanita Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection "of sewage and to the Lake County Division of Transportation as maybe appropriate. The ,,-Developer shall construct on-site and off-site sanitary sewers as may be necessary to a,service the Property, as per 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 connections. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per 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 6 r 3696124 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. 11. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Payment of Recapture Fees Owed. Any amount of recapture for sanitary sewer required to be paid by this Property shall be due and payable to the Village upon final platting of the first plat of subdivision of any portion of the Property. 13. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 14. Right of Way Dedication. The Owner and Developer acknowledge that it is the intention of the Village and other involved agencies that at some time in the future Prairie Road will be widened. At the request of the Village, but no later than upon approval of the first plat of subdivision of any portion of the Property, Owner and Developer agree 3696124 to dedicate such additional right-of-way along Prairie Road as may be required to provide a right-of-way of 60 feet in width from the centerline of Prairie Road to the Property. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated June 5, 1995. EXHIBIT C Development Improvement Agreement j� EXHIBIT D Preliminary Plan (Preliminary Plat) dated as last revised May 17, 1995 by Land Consultants, Inc. EXHIBIT E Preliminary Engineering Plan (Concept Plan) dated as last revised May 26, 1995 by Charles W. Greengard 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. Buildin andscapina 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 8 ,� 3696124 not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 18. Pr ject Models. The Village agrees to permit the Developer to construct and maintain one (1) model area on the Property, consisting of a maximum of two (2) buildings with suitable off-street parking areas, all subject to Appearance Commission approval. Such construction shall be in compliance with the provisions of the Village's Building Code in effect at the time of building permit issuance. Developer may use models only for marketing the Property. Such use shall be discontinued when development of the Property as proposed herein has been completed.. 19. Park District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer agrees to make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 20. School District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees to make cash contributions to the Village for conveyance to School Districts 102 and 125 according to the criteria of said Title. 21. Conditions Concerning,Parks and School Donations. It is understood and agreed that rooms in the residential units labeled dens, lofts, studies or libraries 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 9 :3696124 F 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 subject 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 their intention to fully comply with all Village requirements, their willingness to discuss any matters of mutual interest that may arise, and their willingness to assist the Village to the fullest extent possible. ,;The Village does hereby evidence its intent to 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. 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. 1 0 3696124 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: Prairie Development, L.L.C. c/o Scott Inbinder Indevco, Inc. 900 N. Michigan Avenue, Suite 2870 Chicago, IL 60611 Copy to: Darryl Jacobs, Esq. Wildman, Harrold, Allen and Dixon 255 W. Wacker Chicago, IL 60606 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 29. Default. A. In the event Owner or Developer defaults, in 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 i i ,, � 3s96124 I 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 completed or at the option of the Village, to rezone such Property 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 of the Village, to rezone such Property 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 Prairie Development, L.L.C., then 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. 30.- Litigation. A. The Owner and Developer, at their cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner and Developer shall cooperate with the Village in said litigation but Developer's counsel will have principal responsibility for such litigation. 12 4, 3696124 B. The Owner and Developer shall reimburse the Village for reasonable attomeys'fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner or 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. The following variation to the Village's Development Ordinance is hereby granted pursuant to EXHIBITS D and E subject to approval of the final engineering plan: Section 16.50.070.D.2. - to allow a right-of-way width of 50 feet instead of 60 feet for a local street. B. 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. C. All buildings, structures, vehicles, junk, refuse, debris and litter on the Property shall be removed prior to initial grading for the development. Developer shall make best efforts to cooperate with the Village to make said buildings and structures available to the Village for fire training purposes. Developer shall be responsible for removing the remains of said building and structures from the Property. The Village shall provide an appropriate hold harmless indemnity agreement to the Owner and Developer before using said buildings and structures for fire training purposes. ,t 13 :3 3696124 D. Prior to any grading, site preparation work or removal of trees or other plant material on the Property, Developer shall obtain approval of a tree preservation plan by the Village. E. No residential lots on the Property shall have driveway access to Prairie Road. F. During the construction of the development approved by this Agreement, construction vehicles and equipment shall enter and leave the Property via a temporary access connection to Prairie Road. The Developer shall erect signs and traffic barriers as directed by the Village to regulate construction traffic. The Developer shall inform all contractors involved in development of the Property that construction vehicles are not allowed to use Carlyle Lane, and access to the Property is restricted to Prairie Road during development of the Property. The Developer shall ensure that construction vehicles and equipment and personal vehicles of construction workers are not parked on Carlyle Lane or other residential streets adjacent to the Property. G. It is understood and agreed that the Village of Buffalo Grove levies a real estate transfer tax on all conveyances of real property in the Village. The Property shall be considered to be in the Village upon passage of the annexation ordinance by Corporate Authorities. IN WITNESS WHEREOF, the Corporate Authorities and Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE OF BUFFALO GROVE 14 �� 369s124 ff r By ATTEST: By ` OWNE 7: John L. Wilkins Carl A. Wilkins ry. DEVE QOR: Prairie Development, L.L.C. By A ST: 71`� Y 15 o � ; 36y6124 r' '' f r EXHIBIT A Wilkins Property, 22596 Prairie Road SUBJECT PROPERTY LEGAL DESCRIPTION: The North 264.0 feet of the South 657.80 feet of the East 495.0 feet of the East half of the North West Quarter of Section 21, Township 43 North, Range 11, East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 2.6-acre tract on the west side of Prairie Road east of the Carlyle Subdivision. ,� 36y6124 C s ���