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2007-055 9/24//2007_A ORDINANCE NO. 2007 - 55 AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR THE SANTUCCINENTRELLA PROPERTY Berenesa Plaza Northwest and southwest corners of Deerfield Parkway/Milwaukee Avenue Village of Buffalo Grove, Illinois WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance No.90-55 approving an annexation agreement dated September 10, 1990 for the property known as the Santucci property west of Milwaukee Avenue along Deerfield Parkway; WHEREAS,the annexation agreement for the Santucci property approved a conceptual site plan for commercial development of the tracts at the northwest and southwest corners of Deerfield Parkway and Milwuakee Avenue, legally described in Exhibit A attached hereto and hereinafter referred to as the "Property," and; WHEREAS, Parkway Bank and Trust Company u/t No. 14329 dated February 22, 2007,Milwaukee Deerfield North LLC,Chicago Title Land Trust Company(as trustee under trust agreement dated May 15, 1987 and known as Trust Number 101533-02)and Berenice Ventrella(as successor trustee of the Dorothy M. Santucci Estate Trust dated December 21, 1968) as successor Owners of the Property and Single Site Solutions Corp. as Developer of the Property, have petitioned to the Village for amendment of the annexation agreement and modification of the conceptual plan for the Property approved by Ordinance No. 90-55; and, WHEREAS, Owners and Developer have presented a Preliminary Plan and related documents to the Village proposing a commercial development including retail,restaurant,service, office and hotel uses pursuant to the exhibits attached hereto; and, 2 WHEREAS,Owners and Developer presented said Preliminary Plan and related documents to the Buffalo Grove Plan Commission at a public hearing on July 18, 2007; and, WHEREAS, the Plan Commission determined that the Preliminary Plan meets the criteria and standards of the Village Zoning Ordinance for a Planned Unit Development, and the Plan Commission recommended approval of said Preliminary Plan and Planned Unit Development;and, WHEREAS, the Village Board determined that it is in the best interest of the Village of Buffalo Grove to approve said first amendment of the Santucci property 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. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are incorporated herein. Section 2. The amended annexation agreement dated September 24, 2007, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said agreement on behalf of the Village of Buffalo Grove. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 4—Braiman Glover Trillin ,Hartstein NAYS: 1 —Rubin PRESENT: 1 —Berman ABSENT: 1 —Kahn PASSED: September 24 2007 APPROVED: September 24, 2007 3 ATTEST: APPROVED: Vil e Clerk ELLIOTT HARTSTEIN, Village President This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 4 Exhibit A Legal Description BERENICE VENTRELLA PROPERTY (A portion of the property formerly known as the "Santucci Property") BERENESA PLAZA (Northwest and southwest corners of Deerfield Parkway/Milwaukee Avenue North Tract PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE SOUTHEAST 1/4 OF SECTION 27, ALL IN TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEAST CORNER OF LOT 31N BARCLAY STATION SUBDIVISION RECORDED SEPTEMBER 29, 1992 AS DOCUMENT NUMBER 3218854; THENCE NORTH 19029'34" EAST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 231.53 FEET;THENCE SOUTH 89'18'06" EAST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 189.00 FEET;THENCE NORTH 00°41'54" EAST ALONG THE MOST EAST LINE OF SAID LOT 3, A DISTANCE OF 492.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 86°04'02" EAST ALONG THE SOUTH LINE OF LOTS 1 AND 3 IN CORPORATE GROVE FIRST RESUBDIVISION, A DISTANCE OF 859.82 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF MILWAUKEE AVENUE; THENCE ALONG THE SAID SOUTHWESTERLY LINE OF MILWAUKEE AVENUE, THE FOLLOWING THREE COURSES: (1) SOUTH 12°58'14" EAST, A DISTANCE OF 483.09 FEET; (2) SOUTH 09°09'23" EAST, A DISTANCE OF 180.40 FEET; (3) SOUTH 12°58'14" EAST, A DISTANCE OF 71.60 FEET; THENCE ALONG THE NORTHWESTERLY AND THE NORTHERLY LINE OF DEERFIELD PARKWAY,THE FOLLOWING FOUR COURSES:(1)SOUTH 38°5 F50"WEST,A DISTANCE OF 31.80 FEET; (2) NORTH 89°18'06" WEST, A DISTANCE OF 875.01 FEET; (3) A DISTANCE OF 311.30 FEET ALONG THE ARC OF A CIRCLE, CONVEX TO THE SOUTHWEST, HAVING A RADIUS OF 949.00 FEET, WHOSE CHORD OF 309.90 FEET BEARS NORTH 79054'16"WEST;(4)NORTH 70°30'26"WEST,A DISTANCE OF 88.31 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. KNOWN AS: 21122 N. MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBERS: 15 - 26 - 300 - 050 - 0000 5 15 - 27 - 400 - 007 - 0000 AREA = 781,785.6 SQ. FT. OR 17.9473 ACRES South Tract PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 26, WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENT 395845,210098 AND 861528;THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST, 363.28 FEET; THENCE SOUTH 12 DEGREES 58 MINUTES 14 SECONDS EAST, 326.24 FEET;THENCE SOUTH 89 DEGREES 18 MINUTES 06 SECONDS EAST, 363.28 TO A POINT OF THE AFORESAID CENTER LINE; THENCE NORTH 12 DEGREES 58 MINUTES 14 SECONDS WEST ALONG THE SAID CENTER LINE, 326.24 FEET TO THE POINT OF BEGINNING, ( EXCEPT THEREFROM ANY PART, IF ANY, LYING WITHIN PEKARA SUBDIVISION UNIT NO. I ) IN LAKE COUNTY, ILLINOIS. KNOWN AS: 20974 N. MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBER: 15 - 35 - 100—256; AREA= 75,694 SQ. FT. OR 1.737 ACRES PARCEL 3: THAT PART OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 43 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 35 WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENTS 395845, 210098 AND 861528; THENCE SOUTHEAST ALONG THE CENTER LINE OF MILWAUKEE AVENUE TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF PEKARA SUBDIVISION UNIT NO. I AS STAKED AND MONUMENTED; THENCE NORTHWEST ALONG THE NORTH LINE OF PEKARA SUBDIVISION UNIT NO. I AS STAKED AND MONUMENTED TO THE WEST LINE OF MILWAUKEE AVENUE PER DOCUMENTS 395845,210098 AND 861528 SAID WEST LINE BEING 54.00 FEET,AS MEASURED AT RIGHT ANGLES,WESTERLY OF AND PARALLEL 6 WITH THE CENTER LINE OF MILWAUKEE AVENUE FOR THE PLACE OF BEGINNING OF THIS DESCRIPTION: THENCE NORTH 12 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 231.75 FEET;THENCE NORTH 44 DEGREES 18 MINUTES 06 SECONDS WEST,28.28 FEET;THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST, 175.00 FEET; THENCE NORTH 86 DEGREES 01 MINUTES 52 SECONDS WEST, 210.34 FEET;THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST 541.40 FEET TO A POINT OF CURVATURE;THENCE WESTERLY ALONG A CURVED LINE CONVEX SOUTHERLY, HAVING A RADIUS OF 1054.00 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT,AN ARC DISTANCE OF 94.84 FEET(THE CHORD OF SAID ARC BEARS NORTH 86 DEGREES 43 MINUTES 25 SECONDS WEST, 94.81 FEET); THENCE SOUTH 00 DEGREES 41 MINUTES 54 SECONDS WEST, 261.45 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF PEKARA SUBDIVISION UNIT 1;THENCE EASTERLY 1095.88 FEET ALONG THE NORTHERLY LINE OF PEKARA SUBDIVISION UNIT I AS STAKED AND MONUMENTED TO THE POINT OF BEGINNING,IN LAKE COUNTY,ILLINOIS,EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 26, WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENT 395845, 210098 AND 861528; THENCE NORTH 89 DEGREES 18 INUTES 06 SECONDS WEST, 363.28 FEET; THENCE SOUTH 12 DEGREES 58 MINUTES 14 SECONDS EAST,326.24 FEET;THENCE SOUTH 89 DEGREES 18 MINUTES 06 SECONDS EAST, 363.28 TO A POINT OF THE AFORESAID CENTER LINE; THENCE NORTH 12 DEGREES 58 INUTES 14 SECONDS WEST ALONG THE SAID CENTER LINE, 326.24 FEET TO THE POINT OF BEGINNING. KNOWN AS: 20970 N. MILWAUKEE AVENUE,BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBER: 15 - 35 - 100—255; AREA = 194,565 SQ. FT. OR 4.466 ACRES SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 17.9-acre tract at the northwest corner of Milwaukee Avenue and Deerfield Parkway, and the approximately 6.2-acre tract at the southwest corner of Milwaukee Avenue and Deerfield Parkway, Buffalo Grove, IL After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 9/24/2007 AMENDMENT OF THE ANNEXATION AGREEMENT AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR THE BERENICE VENTRELLA PROPERTY (A portion of the property formerly known as the"Santucci Property") BERENESA PLAZA (Northwest and southwest corners of Deerfield Parkway/Milwaukee Avenue VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS This agreement made and entered into this 24t`day of September,2007,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 Parkway Bank&Trust Co.,as Trustee,u/t/a dated February 22,2007 and known as Trust No. 14329 ("North Tract Owner"); Chicago Title Land Trust Company, a Corporation of Illinois,successor to LaSalle Bank National Association,as successor trustee to American National Bank and Trust Company of Chicago, as Trustee u/t/a Dated May 15, 1987 and known as Trust Number 101533-02 as to Parcel 1,and Berenice Ventrella,as Successor Trustee of the Dorothy M. Santucci Estate Trust Dated December 21, 1968 as to Parcel 2 ("South Tract Owner")(hereinafter collectively referred to as "Owners") and Single Site Solutions Corp., an Illinois Corporation, (hereinafter referred to as "Developer"). WITNESSETH: WHEREAS,the real property consists of a parcel of 17.94 acres at the northwest corner of Deerfield Parkway and Milwaukee Avenue owned by Parkway Bank& Trust Co., as trustee, under trust agreement dated February 22,2007 and known as Trust No. 14329 and 6.2 acres at the 2 southwest corner of Deerfield Parkway and Milwaukee Avenue owned by Chicago Title Land Trust Company, a Corporation of Illinois, successor to LaSalle Bank National Association,as successor trustee to American National Bank and Trust Company of Chicago,as Trustee u/t/a Dated May 15, 1987 and Known as Trust Number 101533-02 as to Parcel 1,and Berenice Ventrella,as Successor Trustee of the Dorothy M. Santucci Estate Trust Dated December 21, 1968 as to Parcel 2; North Tract and South Tract legally described in Exhibit A attached hereto and hereinafter referred to as the "Property;"and; WHEREAS,the Village enacted Ordinance No. 90-55 approving an annexation agreement dated September 10, 1990 for the property known as the Santucci property, comprising several development tracts including the Property designated for Berenesa Plaza at the northwest and southwest corners of Deerfield Parkway and Milwaukee Avenue as identified herein; and, WHEREAS, the annexation agreement dated September 10, 1990 designated the Property for commercial development as set forth on a conceptual site plan presented as Exhibits D,D-1 and D-2 to said annexation agreement; and, WHEREAS,the annexation agreement dated September 10, 1990 granted zoning in the B-3 Planned Business Center District for the northwest parcel (hereinafter referred to as the "North Tract")and the eastern portion of the southwest parcel(hereinafter referred to as the"South Tract"), and Office&Research zoning for the western portion of the southwest parcel; and, WHEREAS, the Owners have petitioned to the Village for amendment of the annexation agreement dated September 10, 1990 concerning approval of a Preliminary Plan for the Property to allow the construction of an integrated commercial development on the North and South Tracts including various commercial buildings and uses as depicted on said Plan and pursuant to the following Exhibits: EXHIBIT A Legal Description EXHIBIT B Development Improvement Agreement(DIA) EXHIBIT C Preliminary Plan("Site Plan")/Geometric Plan(Sheet CE-3) dated September 14,2007 by Marchris Engineering, Ltd GROUP EXHIBIT D Preliminary Engineering Plan(Grading Plan—Sheet CE-4, Utility Plan,Sheet CE-5,Fire Truck access plan,Sheet AP-1, a 3 dated June 26, 2007, and Delivery Truck access plan, Sheet AP-2 dated September 5,2007)by Marchris Engineering,Ltd GROUP EXHIBIT E Landscape Plan—Overall Site(Sheet E-1)and Phase 1 area— Retail "A" and medical office building (Sheet E-2) dated September 4, 2007 by OKW Architects EXHIBIT F Pedestrian Focal Areas (West and East—North Tract) dated September 4, 2007 by OKW Architects EXHIBIT G Pedestrian Plan(Existing and proposed sidewalks,pedestrian paths and bike paths) dated September 4, 2007 by OKW Architects EXHIBIT H Building elevations (proposed medical office building on North Tract)dated July 2007 by OWPP Architects EXHIBIT I Building elevations—North elevation(Sheet 1) and East& West elevations(Sheet 2)for proposed Retail"A"building on North Tract, dated September 4,2007 by OKW Architects EXHIBIT J Architectural Design Criteria dated September 4, 2007 by OKW Architects EXHIBIT K Summary of Traffic Impact Study dated August 24, 2007 WHEREAS, the Buffalo Grove Plan Commission held a public hearing on July 18, 2007 concerning the proposed Preliminary Plan,special uses for drive-through facilities and variations of the Village Zoning Ordinance and Fence Code; and, WHEREAS, the Plan Commission voted 6 to 1 to recommend approval of the Preliminary Plan, special uses and variation of Village ordinances based on the testimony and exhibits presented at the public hearing; and, WHEREAS,the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. 4 NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. That the preceding Whereas clauses are incorporated herein. 2. . That certain Annexation Agreement dated September 10, 1990 approved by Ordinance No.90-55 is hereby amended to allow development of the Property for the Berenesa Plaza development pursuant to Exhibits A through L attached hereto and subject to the conditions and obligations set forth herein. Sections 3LJ, 3LK and 3 LL of said annexation agreement dated September 10, 1990 are hereby superseded by this Agreement. 3. Zonina. The North Tract and the South Tract (except for the proposed office building site) are zoned in the B-3 District as a Planned Unit Development. The proposed office building site on the South Tract is zoned in the Office&Research District, and approved for the construction of a one-story office building of 13,000 square feet as depicted on Exhibit C hereto. 4. Variations. The following variations to Village ordinances are hereby granted: Zoning Ordinance Section 17.36.040.F.3. - To allow six(6) vehicle stacking spaces instead of ten(10)spaces for a restaurant customer service drive-through facility,for a restaurant not greater than 2,500 square feet in gross building floor area within Retail Building "D" on the South Tract as depicted on Exhibit C hereto; Section 17.36.040.G.2. -To allow four(4)vehicle stacking spaces per teller or customer service area instead of six (6) spaces for a bank drive-through facility on the South Tract as depicted on Exhibit C hereto; Section 17.44.040.D.3. - To allow the drive-through canopies for the proposed bank, drugstore and Retail Building "D" on the South Tract to encroach ten (10) feet into the required 50-foot building setback area as depicted on Exhibit C hereto; 5 Development Ordinance Section 16.50.050.D.7.—To allow a reduction in the minimum depth of the sanitary sewer line from the required 6-foot depth to 4.1 feet; Fence Code Section 15.20.060.B.-To allow screen walls for trash enclosure areas to be 8 feet, 6 inches in height instead of 6 feet. 5. Phasing Plan. A. Other than for the proposed Advocate medical office building, no building permits shall be issued for any building on the Property until three fully executed letters of intent documenting specific restaurants that are committed to locating on the Property are provided to, and accepted by the Village, in the Village's sole discretion. However, the foregoing shall not affect the issuance of an engineering permit, including mass grading, which shall be issued prior to providing the letters of intent as set forth herein, and upon approval of the Village Engineer. B. The Village retains the right to issue building permits for the Drugstore,Bank and Office building to be developed on the South Tract. However, no Certificate of Occupancy will be issued for said Drugstore, Bank or Office building until Certificates of Occupancy are issued for a minimum of three restaurants that were determined acceptable to the Village as required in Section 5.A. preceding. C. If Owners/Developer determine that modifications to the Phasing Plan are advisable to maintain the economic stability of the project and to achieve successful implementation of the overall plan,the Village will consider said modifications without requiring formal amendment of this Agreement. Said modification may be approved with a written directive from the Village based on the presentation of pertinent information by the Owners/Developer. 6. Appearance Review.It is understood and agreed that the initial appearance review for the Property has been completed for the Advocate Medical building and Retail"A" building on the North Tract. Buildings proposed for additional phases of retail development on the Property shall comply with the standards set forth in the Architectural Design Criteria dated September 4,2007, and architectural materials compatible with the buildings approved in Phase 1 shall be used for said future retail buildings. 6 The Village shall require specific appearance review for all restaurants,banks, office and hotel buildings on the Property. Said review shall be in accordance with the procedures and standards of the Village Appearance Plan. It is understood and agreed that the buildings constructed on the Property shall be designed to present an attractive architectural appearance both individually and in relation to other buildings on the Property. The architectural design of all buildings shall be unique designs that present a high-quality architectural appearance. The Village shall determine, in its sole and reasonable discretion, if each building meets the standard of"unique and attractive architectural design." 7. Fire Protection Impact Fee.Owners/Developer shall pay a fire protection impact fee of$38,160.00 pursuant to Section 31.P of the annexation agreement dated September 10, 1990. Said fee shall be paid in full prior to issuance of the first building permit for the Property. 8. Fence. The fence along the south property line shall be eight(8)feet height of board- on-board wood construction or an alternate material approved by the Village. It is understood and agreed that the fence and related landscaping is intended to provide an attractive screen for properties adjacent to the Berenesa Plaza site. In the event that the Village determines that pedestrian access from the adjacent residential subdivision south of the site is feasible,Owners/Developer shall provide said access opening in a manner and location approved by the Village. 9. Bus Shelters. Owners/Developer shall construct two bus shelters along Deerfield Parkway pursuant to Section 31.H.of the annexation agreement dated September 10, 1990 and one shelter along Milwaukee Avenue.Said shelters shall meet the standards of Pace, the regional public bus service provider, pertaining to the materials and location of the shelters. 10. Street lighting_ Owners/Developer shall pay the Village$45,000 for the cash value of six (6) street lights required along Milwaukee Avenue. Said payment shall be made at the time of issuance of the first building permit for the Property. 7 11. Bicycle racks. Facilities for locking bicycles in a safe and secure manner shall be provided on the Property in locations designated by the Village. 12. Village Entrance Sign. Owners/Developer shall re-locate the Village of Buffalo Grove identification sign to the area depicted on Exhibit C at no cost to the Village. In the event that the sign is damaged during said re-location, appropriate repairs or replacement shall be provided as approved by the Village. Owners/Developer shall provide an easement for said Village identification sign and provide access to the Village for maintenance of said sign. 13. Ri t-of-way. It is understood and agreed that the Illinois Department of Transportation(IDOT)contemplates a right-of-way of 75 feet from the centerline of Milwaukee Avenue (IL State Route 21) to accommodate future improvements. Owners/Developer shall reserve the necessary area on the Property to allow IDOT to achieve said 75-foot right-of-way from centerline. The future right-of-way shall be used only as a landscaped area. It is understood and agreed that the area labeled"Future R.O.W."on Exhibit C on the north side of Deerfield Parkway extending from the west side of the proposed full access driveway and extending approximately 315 feet to the east, shall be dedicated on the first plat of subdivision for the Property. It is understood and agreed that the Preliminary Plan shall be revised as necessary to comply with the requirements of the Lake County Division of Transportation and the Illinois Department of Transportation concerning the location of access driveways to Deerfield Parkway and Milwaukee Avenue.The Village shall determine if said revisions require any additional modifications of the Preliminary Plan to comply with Village standards. 14. Signs. Signs depicted on the exhibits hereto are not approved by this Agreement.All signs are subject to the Village Sign Code and the sign design criteria and package for the Property as approved by the Village. 15. Final Plat. Owners/Developer shall submit the necessary documentation for a final plat of subdivision for the Property,pursuant to the requirements and standards of the 8 Village Development Ordinance. It is understood and agreed that any conveyance of any part of the Property after the initial approval of the final plat shall be submitted to the Village as a plat of resubdivision for review and approval (which shall not be unreasonably withheld). 16. Declaration of Covenants Conditions and Restrictions.The Property shall be subject to a declaration of covenants,conditions and restrictions("Declaration")which shall include but not by way of limitation a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the Owner, Developer or association and/or owners of the units of the Property as defined and provided with the Declaration,and further shall have the right,upon sixty(60) days prior written notice specifying the nature of a default,to enter upon the Property and cure such default,or cause the same to be cured at the cost and expense of the Owner, Developer or association of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such obligations. The Declaration shall include, but not by way of limitation, covenants and obligations to own and maintain pavements,utilities(including a sanitary sewer lift station), the storm water management and drainage system, landscaping, fencing, signage and any other items requiring maintenance to ensure that the Property is maintained in a safe and attractive condition. The Declaration shall also include the obligation that the association shall provide snow removal for private driveways and public sidewalks and shall store excess snow in appropriate off-street locations,and shall not in any way impede the Village's snow removal operations on public streets. The Declaration shall also provide that the Property shall be used and developed in accordance with Village ordinances, codes and regulations applicable thereto, including ordinance(s)enacted pursuant to this Agreement. The Declaration shall be submitted to the Village for review and reasonable approval at the time of review of the first plat of subdivision for the Property, and shall further provide that the 9 provisions relative to the foregoing requirements may not be amended without the prior approval of the Village. The Declaration shall also provide that the Village may enforce its ordinances,including but not by way of limitation traffic ordinances,on the Property, including private property and common areas. 17. Any changes to the plans and exhibits attached hereto are subject to approval by the Village in its sole discretion. 18. This Agreement shall be enforceable in any court of competent j urisdiction 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 provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 19. Term and Assignment of Agreement.This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns, including successor members of the Village's Board of Trustees and successor grantees, purchasers,and Owners of the Premises for a term of twenty(20)years from the date of this Agreement. The obligations of the Owners/Developer herein shall not be assigned to any person or entity except upon the prior written consent of the Village, which consent shall not be unreasonably withheld or delayed. The Owners/ Developer acknowledge that the approvals granted by the Village under this Agreement are not personal but shall run with the land. This Agreement may be amended by the Village and the owner of record of a portion of the Property as to the provisions applying thereto,without the consent of the owners of other portions of the Property. 20. 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 21. Default. In the event Owners or Developer default in performance of their obligations set forth in this Agreement, then the Village may, upon notice to Owners or Developer, allow Owners 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. The Village shall have the right to cure any default, or cause the same to be cured at the cost and expense of the Owners or Developer of the Property. The Village shall also have the right to charge or place a lien upon the Property for repayment of any costs and expenses,including reasonable attorneys'fees in curing such default. 22. Litigation. a) This Agreement shall be enforceable in any court of competent jurisdiction by the Owners,Developer,the Village,or by any successor or assigns.Enforcement may be sought by an appropriate action at law or in equity to secure the performance of the covenants,agreements,conditions, and obligations contained herein;provided, however,that the Owners or Developer 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, officers, employees, agents, representatives, engineers,or attorneys thereof,on account of the negotiation,execution,or breach of any of the terms and conditions of this Agreement. b) The Owners and Developer, at their cost, shall be responsible for any litigation which may arise relating to the annexation,zoning and development of the Property but not arising from wrongful acts of the Village. Owners and Developer shall cooperate with the Village in said litigation but Owners/Developer's counsel will have principal responsibility for such litigation. c) The Owners 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 or in the 11 enforcement of any of the terms of this Annexation Agreement upon a default by the then current Owners or then current Developer. d) The Owners 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. e) In the event the performance of any covenant to be performed hereunder by the Owners/Developer is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not be limited to, acts of God, inclement weather conditions, strikes, material shortages, lockouts,the revocation,suspension,or inability to secure any necessary governmental permit, license, or authority, and any similar cause), the time for such performance shall be extended by the amount of time of such delay. , 23. The provisions and requirements of the Annexation Agreement dated September 10, 1990 approved by Village Ordinance No. 90-55 shall remain in full force and effect on the Property unless specifically modified by this amended Agreement. 24. This Amended Annexation Agreement shall become effective upon execution by the Owner, Developer, and the Village. 25. Notices. Notwithstanding anything in this Agreement to the contrary,by notice complying with the requirements of this Section, each party shall have the right to change the addressee, the address of the addressee, or both for all future notices and communications to such party,but no notice of a change of addressee or address shall be effective until actually received. Notices shall be sent to: If to Owner: North Tract: Parkway Bank&Trust Co., as Trustee u/t/a dated 2/22/07 a/k/a#14329 4800 North Harlem Harwood Heights, IL 60706 12 Copy to: Milwaukee Deerfield North LLC 7450 Quincy Street Willowbrook, IL 60561 Attn: Ken Kuchler South Tract: Parcel 1: Chicago Title Land Trust Company, a Corporation of Illinois, as Successor Trustee to Trust Agreement Dated May 15, 1987 and Known as Trust Number 101533-02 181 W. Madison, 17t`Floor Chicago, IL 60602 Copy to: Berenice Ventrella 2311 Dorina Drive Northfield, IL 60093 Parcel 2: Berenice Ventrella, as Successor Trustee of the Dorothy M. Santucci Estate Trust Dated December 21, 1968 2311 Dorina Drive Northfield, IL 60093 If to Developer: Single Site Solutions Corp. 7450 Quincy Street Willowbrook, IL 60561 Attn: Ken Kuchler 26. Recordation. The Parties agree to record in the office of the Lake County Recorder of Deeds, an original, or a true and correct copy, of this Agreement. 27. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute one and the same Agreement. 13 IN WITNESS WHEREOF, the Corporate Authorities, Owner, and Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF BUFFALO GROVE By I Z�� ELLIOTT H ARTST9RT,Village President ATTEST: By y1 LAGE CLERK 14 SIGNATURE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT BERENESA PLAZA (Northwest and southwest corners of Deerfield Parkway/Milwaukee Avenue OWNER: North Tract: Parkway Bank & Trust ThL%agreement Is sigeed by Parkway Bank&Trust Co.not fndfvfdnaBy 0asstee u/t/ e /22/07 a/k/a 414329 aWWW"jy bat solely as Trustee.Sa::?Trust Agreement is hereby made a put hereof and say claims against said Trustee which may result from the signing of this Agreement shzl ha payable o&out of any trust property which may be held tbereandcr,and said Trustce shall not be personally liable for the Diane Y. I�es2 nskl performs ct of any of the tams and conditions of this agreement or for the yvalidity er condition of the title of said property or for any agreement frith Vice President Truss Officer respect thereto.Any and all personal liability of Partway Bank&Trust Ca Is hereby expressly waived by the patties herein and Wk respective samsson ttrdullm By: Q�6i----- Milwaukee erfield North, LLC, its beneficiary Name: a>w1t la5vrst PARKWAY BANK& TRUST COMPANY IS EXECUTING THIS Its: ✓ILL, Pee%�Arwhr%~ DOCUMENT SOLELY fN ITS CAPACITY AS LANDTRUSTEE WITH THE AUTHORIZATION AND DIRECTION OF ITS BENEFICIARY AND HAS NO PERSONAL KNOWLEDGE OF ANY OF THE OWNER: South Tract: FACTS OR STATEMENTS CONTAINED HEREIN NOR THE ARIL- parcel 1: Chicago Title Land Trust Company, a ITYTOPERFORMANYOFTHEACTSASSOCIATEDTHEREWITH. g Corporation of Illinois, successor to LaSalle Bank National Association, as successor trustee to American National Bank and Trust Company of Chicago, as Trustee u/t/a Dated May 15, 1987 and Known as Trust Number 101533-02 BY ___.... ....... ........ Name: Its: Parcel 2: Berenice Ventrella, as successor trustee of the Dorothy M. Santucci Estate Trust dated December 21, 1968 BY_..._ Name: DEVELOPER: Single Site Solutions Corp., an Illinois Corporatio eopp 9--,- 10, B b C*L L seSGT*'Name: T Title: j' own'too.-h— 10/22/2007 14:49 6307892024 SINGLE SITE PAGE 03/04 14 SIGNA.TUfiE PAGE TO ANNEXATION AND DEVELOPMENT AGREEMENT BERENESA PLAZA (Northwest and southwest corners Of peerfield Parkway/Milwaukee Avenue OWNER:North Tract: Parkway Bank&Trust Co.,as Trustee u/t/a d d 2 2/07 a/kla#14329attd notincNdulfy Y Diane Y. Nesaynski This■&rtm+mt is closed by PerkM Bank&Trot Co-not indivlt "11 bet so*ajmveLW Trust A�emeatisberr�ymadca put hemr ItS: Vice President Trust O fieet aw a F!d&n&Wkst wdd Trtstx Rtd¢h MY r--U t besot tie s pkg W tli$A7ww at staR be payable sate Out of MV tract property*Mitt cosy bf:actd thmulder,sad said Trastec Phil!not be PAY tlW9 fir the By: petkrulscc j f anypjthe tem aPd wadRkm Q[ft W f ka lwauk Aeerfield North,LLC, its beneficiary va9dlty ar endffln a(&C title of fold pMPL"er let I"890Arat?irlt3 raped Basta Aoy ad all powuli&Wri ��7 m Name: '�i.1���-1'l" *A is kt* s by*e p Its V►t+� to6� ^� aeiarftet. OWNED: South Tract: WMWAY SANK&MUST COMPANY 1S E)(ECT]T t;IM Parcel 1: Chicago Title Laud Trust Company, a DOCUMENT SOLELY IN ITS CAW CITYAS LANDTRUSTEEWITH THE AUTHWIZA'110N ANL)QIR�CTION OF WS BENEFICfARY Corporation of Illinois, successor to LaSalle AND HAS Nb KRATONk 1.,';'!ti'#.>:�7ra`OF ANY OV THE Bank National .Association, as successor trustee FACTS OR STATEMI ITS CONTAINED HNEIN NOR THE:A81- p , Y lSYtO KR€®RMANY�tME p��T3AS5pCIATE�THEREWITH, to American National Bank and"'I'�St Com � : of Chicago, as Trustee u/t/a Dated May 15, 1987 and Known as Trust Number 101 a33-02 t-A not p-Wea lay This Instrument Is executed by the undersigned Land Trustee not personally but solely as Trustee In the exercise of the power and By: authority conferred upon and vested In it as such Trustee.It is me: expressly understood and agreed that all the warranties,Indemnitles, —representations, covenants,undertakings and agreements herein Its: s /I made on the pan of Iris Trustee are undertaken by It solely In Its capacity as Trustee and not personally.No personal Ileblllty or personal responsibility Is assumed by or shall at any time be Parcel 2: Berenice Ventrella,as successor trustee asserted or enforceable against the Trustee on account of any warranty,indemnity,representation,covenant,undertaking or of the Dorothy M. Santucci Estate Trust date agreement of the Trustee In this Instrument. December 21, 1968 By Name. DEVELOPER: Single Site Solutions Corp., an Illinois Corporation By Name Title: �j 15 This document prepared by: Robert E.Pfeil,Village Planner William G.Raysa,Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 16 EXHIBIT A Legal Description Berenesa Plaza (Berenice Ventrella property) Northwest and southwest corners of Deerfield Parkway/Milwaukee Avenue North Tract PARCEL 1: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE SOUTHEAST 1/4 OF SECTION 27, ALL IN TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHEAST CORNER OF LOT 3 IN BARCLAY STATION SUBDIVISION RECORDED SEPTEMBER 29, 1992 AS DOCUMENT NUMBER 3218854; THENCE NORTH 19029'34" EAST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 231.53 FEET;THENCE SOUTH 890 18'06"EAST ALONG THE SOUTH LINE OF SAID LOT 3,A DISTANCE OF 189.00 FEET; THENCE NORTH 00°41'54" EAST ALONG THE MOST EAST LINE OF SAID LOT 3, A DISTANCE OF 492.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH.86°04'02" EAST ALONG THE SOUTH LINE OF LOTS 1 AND 3 IN CORPORATE GROVE FIRST RESUBDIVISION, A DISTANCE OF 859.82 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF MILWAUKEE AVENUE; THENCE ALONG THE SAID SOUTHWESTERLY LINE OF MILWAUKEE AVENUE, THE FOLLOWING THREE COURSES: (1) SOUTH 12°58'14" EAST, A DISTANCE OF 483.09 FEET; (2) SOUTH 09°09'23" EAST, A DISTANCE OF 180.40 FEET;(3) SOUTH 12°58'14" EAST, A DISTANCE OF 71.60 FEET; THENCE ALONG THE NORTHWESTERLY AND THE NORTHERLY LINE OF DEERFIELD PARKWAY,THE FOLLOWING FOUR COURSES: (1)SOUTH 38051'50"WEST,A DISTANCE OF 31.80 FEET;(2) NORTH 89'18'06"WEST,A DISTANCE OF 875.01 FEET;(3)A DISTANCE OF 311.30 FEET ALONG THE ARC OF A CIRCLE,CONVEX TO THE SOUTHWEST,HAVING A RADIUS OF 949.00 FEET, WHOSE CHORD OF 309.90 FEET BEARS NORTH 79°54'16" WEST; (4) NORTH 70°30'26" WEST, A DISTANCE OF 88.31 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY,ILLINOIS. KNOWN AS: 21122 N. MILWAUKEE AVENUE, BUFFALO GROVE,ILLINOIS 17 PERMANENT INDEX NUMBERS: 15-26-300-050-0000; 15-27400-007-0000 AREA=781,785.6 SQ. FT. OR 17.9473 ACRES South Tract PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 26,WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENT 395845, 210098 AND 861528; THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST, 363.28 FEET; THENCE SOUTH 12 DEGREES 58 MINUTES 14 SECONDS EAST,326.24 FEET;THENCE SOUTH 89 DEGREES 18 MINUTES 06 SECONDS EAST,363.28 TO A POINT OF THE AFORESAID CENTER LINE; THENCE NORTH 12 DEGREES 58 MINUTES 14 SECONDS WEST ALONG THE SAID CENTER LINE, 326.24 FEET TO THE POINT OF BEGINNING, (EXCEPT THEREFROM ANY PART, IF ANY, LYING WITHIN PEKARA SUBDIVISION UNIT NO. 1 ) IN LAKE COUNTY, ILLINOIS. KNOWN AS: 20974 N. MILWAUKEE AVENUE, BUFFALO GROVE,ILLINOIS PERMANENT INDEX NUMBER: 15-35-100-256 AREA=75,694 SQ. FT. OR 1.737 ACRES PARCEL 3: THAT PART OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 43 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 OF SECTION 35 WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENTS 395845, 210098 AND 861528; ""1` ENCE SOUTHEAST ALONG TII:E CENTER LINE OF MILWAUKEE AVENUE TO AN INTERSECTION WITH AN EASTERLY EXTENSION OF THE NORTH LINE OF PEKARA SUBDIVISION UNIT NO. 1 AS STAKED AND MONUMENTED; THENCE NORTHWEST ALONG THE NORTH LINE OF PEKARA SUBDIVISION UNIT NO. 1 AS STAKED AND MONUMENTED TO THE WEST LINE OF 18 MILWAUKEE AVENUE PER DOCUMENTS 395845, 210098 AND 861528 SAID WEST LINE BEING 54.00 FEET,AS MEASURED AT RIGHT ANGLES,WESTERLY OF AND PARALLEL WITH THE CENTER LINE OF MILWAUKEE AVENUE FOR THE PLACE OF BEGINNING OF THIS DESCRIPTION: THENCE NORTH 12 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE,231.75 FEET;THENCE NORTH 44 DEGREES 18 MINUTES 06 SECONDS WEST, 28.28 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST, 175.00 FEET;THENCE NORTH 86 DEGREES 01 MINUTES 52 SECONDS WEST,210.34 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 06 SECONDS WEST 541.40 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG A CURVED LINE CONVEX SOUTHERLY,HAVING A RADIUS OF 1054.00 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT,AN ARC DISTANCE OF 94.84 FEET (THE CHORD OF SAID ARC BEARS NORTH 86 DEGREES 43 MINUTES 25 SECONDS WEST, 94.81 FEET);THENCE SOUTH 00 DEGREES 41 MINUTES 54 SECONDS WEST,261.45 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF PEKARA SUBDIVISION UNIT 1; THENCE EASTERLY 1095.88 FEET ALONG THE NORTHERLY LINE OF PEKARA SUBDIVISION UNIT I AS STAKED AND MONUMENTED TO THE POINT OF BEGINNING,IN LAKE COUNTY, ILLINOIS, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF SECTION 26,WITH THE CENTER LINE OF MILWAUKEE AVENUE PER DOCUMENT 395845, 210098 AND 861528; THENCE NORTH 89 DEGREES 18 INUTES 06 SECONDS WEST, 363.28 FEET; THENCE SOUTH 12 DEGREES 58 MINUTES 14 SECONDS EAST,326.24 FEET;THENCE SOUTH 89 DEGREES 18 MINUTES 06 SECONDS EAST, 363.28 TO A POINT OF THE AFORESAID CENTER LINE; THENCE NORTH 12 DEGREES 58 INUTES 14 SECONDS WEST ALONG THE SAID CENTER LINE, 326.24 FEET TO THE POINT OF BEGINNING. KNOWN AS: 20970 N. MILWAUKEE AVENUE, BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBER: 15-35-100-255 AREA= 194,565 SQ. FT. OR 4.466 ACRES SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 17.9-acre tract at the northwest corner of Milwaukee Avenue and Deerfield Parkway,and the approximately 6.2-acre tract at the southwest corner of Milwaukee Avenue and Deerfield Parkway,Buffalo Grove, IL STATE OF ILLINOIS ) ss. COUNTY OF COOK } CERTIFICATE I,Janet M. Sirabian,certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on September 24, 2007 the Corporate Authorities of the Village passed and approved Ordinance No. 2007-55 entitled: AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR THE SANTUCCINENTRELLA PROPERTY BERENESA PLAZA provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007-55, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall,commencing on September 25, 2007 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove,Illinois, this 25th day of September,2007. Lil f'j VilIYe Clerk / By