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2014-02-03 - Village Board Regular Meeting - Agenda Packet 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 the attached meeting notice and agenda were posted inside the Agenda Board located outside the front door of the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois at 11:00, A.M. on Friday, January 31, 2014 and thereafter were continuously viewable from the outside until said meeting and further were posted on the Village of Buffalo Grove's website for the purpose of compliance with the Open Meetings Act. Dated at Buffalo Grove, Illinois,this 31st day of January, 2014. .t.LL M- S Vil age Clerk ByJ V I L1 A G E OF Fifty Raupp Blvd Meeting of the Village of Buffalo Grove Buffalo Grove,IL 60089-2100 uffctlo Gr Board of Trustees Phone:847-459-2500 • Regular Meeting February 3, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the January 20, 2014 Village Board Meeting B. Minutes of the January 22, 2014 Village Board Meeting 5. Approval of Warrant A. Presentation and Reading of Warrant #1225 6. Village President's Report A. Appointment of Paige Donnelly to the Community Blood Donor Commission (Trustee Terson) 7. Village Manager's Report A. Board Meeting Schedule for February and March, 2014 8. Special Business A. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Kedroski Property, 23031 N. Prairie Road (Trustee Terson) B. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Pulte Easthaven Development, Hoffmann Property, 22140 N. Prairie Road ( (Trustee Stein) 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda,which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2014-8: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code (Designation of No Stopping, Standing or Parking within the Waterbury Place Subdivision) (Trustee Berman) SUMMARY: The attached Ordinance amends Title 10, Chapter BG-11-1303.C.11. parking restrictions within the Waterbury Place Subdivision. Village Board of Trustees-Agenda Page 1 B. Resolution No. 2014-7: A Resolution Approving an Agreement for Design Engineering Services for the Bike Path Reconstruction and Elevation West of Bordeaux Court(Trustee Ottenheimer) SUMMARY: Staff recommends approval and execution of the resolution and Agreement for Design Engineering Services for bike path reconstruction not to exceed $31,200 with Christopher B. Burke Engineering, Ltd. C. Ordinance No. 2014-9: Ordinance Amending the Preliminary Plan to Allow the Addition of a Control Room Structure within the Existing Fenced Area at the Aptakisic Road ComEd Substation at 251 Aptakisic Road. (Trustee Stein) SUMMARY: An ordinance approving an amendment to the preliminary plan for the ComEd Substation on Aptakisic Road to allow the addition of a control room structure within the existing fenced enclosure. Consent Agenda: Unfinished Business None. Consent Agenda: New Business D.Authorization to Engage the Professional Services of Ayres Associates for GIS Aerial Mapping (Trustee Terson) SUMMARY: Staff seeks authorization to engage the professional services of Ayers Associates for the purposes of creating a planimetric mapping layer for use in the ESRI GIS system in an amount not to exceed $115,111. This project was previously presented as a part of the 2014 Budget and CIP. 11. Ordinances and Resolutions A. Resolution No. 2014-8: Resolution Approving an Agreement for Professional Engineering Services for Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable Area - Buffalo Grove Golf Course (Trustee Stein) 12. Unfinished Business 13. New Business A. Award of Contract: Dropzone Portable Services Inc. for 2014 Buffalo Grove Days Portable Restroom Rental and Service. (Trustee Sussman) B. Authorization to Waive Bids and Award Contract - 2014 Sidewalk Cutting (Trustee Stein) 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. Village Board of Trustees-Agenda Page 2 15. Executive Session A. Personnel: Section 2(c)(1) of the Illinois Open Meetings Act B. Collective Bargaining: Section 2(c)(2) of the Illinois Open Meetings Act 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilitie4 contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons Village Board of Trustees-Agenda Page 3 Meeting of the Village of Buffalo Grove Fifty Raupp Blvd � Buffalo Grove, I L 60089-2100 Board of Trustees Phone:847-459-2500 Regular Meeting February 3, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the January 20, 2014 Village Board Meeting [GO TO] B. Minutes of the January 22, 2014 Village Board Meeting [GO TO] 5. Approval of Warrant A. Presentation and Reading of Warrant#1225 [GO TO] 6. Village President's Report A. Appointment of Paige Donnelly to the Community Blood Donor Commission (Trustee Terson) [GO TO] 7. Village Manager's Report A. Board Meeting Schedule for February and March, 2014 [GO TO] 8. Special Business A. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Kedroski Property, 23031 N. Prairie Road (Trustee Terson) [GO TO] B. Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Pulte Easthaven Development, Hoffmann Property, 22140 N. Prairie Road ( (Trustee Stein) [GO TO] 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2014-8: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code (Designation of No Stopping, Standing or Parking within the Waterbury Place Subdivision) (Trustee Berman) SUMMARY: The attached Ordinance amends Title 10, Chapter BG-11-1303.C.11. parking restrictions within the Waterbury Place Subdivision. [GO TO] B. Resolution No. 2014-7: A Resolution Approving an Agreement for Design Engineering Services for the Bike Path Reconstruction and Elevation West of Bordeaux Court (Trustee Ottenheimer) SUMMARY: Staff recommends approval and execution of the resolution and Agreement for Design Engineering Services for bike path reconstruction not to exceed $31,200 with Christopher B. Burke Engineering, Ltd. [GO TO] C. Ordinance No. 2014-9: Ordinance Amending the Preliminary Plan to Allow the Addition of a Control Room Structure within the Existing Fenced Area at the Aptakisic Road ComEd Substation at 251 Aptakisic Road. (Trustee Stein) SUMMARY: An ordinance approving an amendment to the preliminary plan for the ComEd Substation on Aptakisic Road to allow the addition of a control room structure within the existing fenced enclosure. [GO TO] Consent Agenda: Unfinished Business Consent Agenda: New Business D. Authorization to Engage the Professional Services of Ayres Associates for GIS Aerial Mapping (Trustee Terson) SUMMARY: Staff seeks authorization to engage the professional services of Ayers Associates for the purposes of creating a planimetric mapping layer for use in the ESRI GIS system in an amount not to exceed $115,111. This project was previously presented as a part of the 2014 Budget and CIP. [GO TO] 11. Ordinances and Resolutions A. Resolution No. 2014-8: Resolution Approving an Agreement for Professional Engineering Services for Flood plain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable Area - Buffalo Grove Golf Course (Trustee Stein) [GO TO] 12. Unfinished Business 13. New Business A. Award of Contract: Dropzone Portable Services Inc. for 2014 Buffalo Grove Days Portable Restroom Rental and Service. (Trustee Sussman) [GO TO] B. Authorization to Waive Bids and Award Contract-2014 Sidewalk Cutting (Trustee Stein) [GO TO] 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session A. Personnel: Section 2(c)(1)of the Illinois Open Meetings Act B. Collective Bargaining: Section 2(c)(2)of the Illinois Open Meetings Act 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove,in compliance with the Americans with Disabilities Act,requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Minutes of the January 20, 2014 Village Board Meeting 4-A Overview Staff recommends approval. Attachments Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS ....M.o�n.d�a............Fe.b�r�uarY.............3......2.0.1.4.........................................................................................................A.............p prova.L..of...M..n.ute�s...._...Ite.m....�...4._�........................................................................................................... Y, 12818 01/20/2014 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,JANUARY 20,2014 CALL TO ORDER President Braiman called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Berman,Trilling, Sussman,Terson, Stein and Ottenheimer. Also present were: Jennifer Maltas,Acting Village Manager;William Raysa,Village Attorney;Jeff Stein,Assistant Village Attorney;Lauren Stott,Management Analyst; Scott Anderson,Finance Director;Art Malinowski,Director of Human Resources;Brett Robinson,Purchasing Manager;Robert Pfeil,Village Planner;Darren Monico,Village Engineer;Brian Sheehan,Deputy Building Commissioner-Operation;Fire Chef Vavra;Police Chief Casstevens. APPROVAL OF MINUTES Moved by Berman,seconded by Trilling,to approve the minutes of the January 6,2014 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Berman,Trilling, Sussman,Terson,Stein NAYS: 0—None ABSTAIN: 1 —Ottenheimer Motion declared carried. WARRANT#1224 Mr.Anderson read Warrant#1224. Moved by Ottenheimer,seconded by Terson,to approve Warrant#1224 in the amount of$2,672,274.68,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman reported that the Metropolitan Water Reclamation District of Greater Chicago and the Lake County Forest Preserve District are working on a project to expand the existing Buffalo Creek Reservoir and improve recreational access to the Buffalo Creek Forest Preserve. There will be a meeting regarding this project in the Buffalo Grove Council Chambers on January 22,2014. VILLAGE MANAGER'S REPORT Ms.Maltas noted the submittal and posting to the website and the e-library of the Monthly Management Report for December,2013;there were no questions on the report. Chief Vavra recounted a call on January 5,2014 which was responded to by both Long Grove and Buffalo Grove Fire Companies. The value of the systems that are in place was tested and every step worked from the initial dispatch to arrival at the hospital for definitive care in the cardiac unit. As they were congratulated by the audience and the Board,Chief Vavra presented Company Citations to Dispatcher Cindy Brick,and Companies from both Buffalo Grove and Long Grove who were all instrumental in the success of this call. 12819 01/20/2014 PUBLIC HEARING—23031 N.PRAIRIE ROAD Moved by Terson,seconded by Ottenheimer,to continue consideration of a draft Annexation Agreement concerning the Kedroski property,23031 N.Prairie Road until February 3,2014 at 7:30 P.M. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. PUBLIC HEARING—PULTE EASTHAVEN DEVELOPMENT President Braiman called the Public Hearing for consideration of a Draft Annexation Agreement concerning the Pulte Easthaven Development,Hoffmann Property,22140 N.Prairie Road,to order at 7:45 P.M. Roll call indicated the following present: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Notice of Public Hearing was published in the Daily Herald on January 4,2014. Ms.Maltas reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. President Braiman swore in the following people to give testimony: Mark Mastrorocco,Pulte Group; Charles Hanlon,WBK Associates;Walt Nashert,Pulte Group;William Zalewski, Spaceco,Inc.; and Eric Russell,KLOA; Bill Hoffmann,property owner;Bert Sherman,Hoffmann family attorney;Eve Lev,Hoffman family real estate consultant; and Katie Mark,Hoffmann family. Chuck Hanlon reviewed how the plan has evolved since the original meeting with the Village Board on the concept plan. Walt Nashert,presented an overview of the product and elevations. Mr.Mastrorocco stated that this has been collaboration on the part of many,and they truly appreciate the input of everyone at the Village in evolving a good plan into a great plan. The development team then answered questions from the Board. President Braiman asked if there were any questions or comments from any other public bodies or members of the audience;there were none. At 8:05 P.M.,President Braiman continued the Public Hearing until February 3,2014. CONSENT AGENDA President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance#2014-6—Surplus Village Property Motion to pass Ordinance#2014-6,authorizing the disposal of surplus Village personal property. Resolution#2014-1—Private Activitv Bond Motion to pass Resolution#2014-1,ceding 2013 unused Private Activity Bond Volume Cap to Lake County. 12820 01/20/2014 Ordinance#2014-7—Chapter 10 Motion to pass Ordinance#2014-7,amending Chapter 10 of the Village of Buffalo Grove Municipal Code. Resolution#2014-2—Surplus Propertv Program Motion to pass Resolution#2014-2,for participation in the State of Illinois Federal Surplus Property Program. Resolution#2014-4—Motor Fuel Tax Motion to pass Resolution#2014-4,Calendar Year 2014 Village Wide Contractual Street Maintenance Program Motor Fuel Tax Resolution. Moved by Sussman,seconded by Berman,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. RESOLUTION#2014-3—2014 STREET MAINTENANCE Moved by Stein,seconded by Terson,to pass Resolution#2014-3,approving an Agreement for Design Engineering Services for the 2014 Village Wide Contractual Street Maintenance Project,in accordance with materials contained in Board packets. Ms.Maltas reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Monico. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. RESOLUTION#2014-5—2014 STREET MAINTENANCE Moved by Stein,seconded by Berman,to pass Resolution#2014-5,approving an Agreement for Design Engineering Services for the 2014 Village Wide Contractual Street Reconstruction Project—Phase 2,in accordance with information contained in Board packets. Ms.Maltas reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Monico. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. RESOLUTION#2014-6—LAKE COOK/WEILAND ROADS Moved by Berman,seconded by Trilling,to pass Resolution#2014-6,approving the Phase I Study and Environmental Assessment for Lake Cook Road and Weiland Road in the Village of Buffalo Grove,in accordance with materials contained in Board packets. President Braiman reviewed the format to be followed with regard to the proposed resolution. 12821 O1/20/2014 Mr.Monico presented an overview of the entire project,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Dr. Spiro Stamelos,stated that this new plan will take away access to his property. Mr.Monico stated that he has been in touch with the Cook County Highway Department to see if there is a solution to this issue. Tom Anderson,20328 Weiland Road,commented on the bike lane which will seriously affect his property. Jack Schneiderman, 164 Newtown Drive,stated that he is adamantly opposed to this entire project;he believes this will destroy the residential nature of the neighborhood. Mr.Monico commented on the turning lanes and the noise walls proposed for the project. Nora Beckman,unincorporated Prairie View,asked that the Board reconsider taking the 5 homes in the unincorporated block of Prairie View. Jeff Lieberman,2250 Avalon Drive,stated that he does not believe that there have been opportunities for residents to speak to the Board and to the public;there are many residents who oppose this project and believe that it is a waste of time. The road does need work,but creating a 4 lane thoroughfare will do nothing for our community. Marge Foss,Carlyle Court,asked how the public will be apprised of scheduling,and how properties will be protected during construction. Mr.Monico addressed Ms.Foss' questions. A resident of Newtown Court East raised a concern with the safety of children in the area. Trustee Stein explained the reason that he is voting the way that he will be voting. Trustee Sussman believes the proposal will create more congestion with the construction of this road. Trustee Trilling responded to Trustees Sussman and Stein's statement. Mr.Monico confirmed that the alternate proposal would impose a surcharge to every property owner in the Village of several thousand dollars over the next 18 years,rather than the one-time approximately$3 charge for the proposal currently before the Board, Trustee Ottenheimer stated that he believes that residents have had ample opportunity to view all the documentation concerning this proposal. President Braiman stated that he believes there has been ample communication with residents regarding this project. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Berman,Trilling, Sussman,Terson,Ottenheimer NAYS: 1 —Stein Motion declared carried. TREE PURCHASE Moved by Stein,seconded by Berman,to waive bids and to purchase 682 trees for EAB replacements in the spring of 2014 from Breezy Hill Nursery in an amount of$93,490.00. Mr.Robinson reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mr.Robinson also reviewed the reasons for the bid waiver request. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer 12822 01/20/2014 NAYS: 0—None Motion declared carried QUESTIONS FROM THE AUDIENCE President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda. Adam Moodhe,Mary Lu Lane,suggested that the Village forward the names of those wishing to comment on the Weiland Road project to IDOT. Mr.Moodhe also asked the status of the proposed traffic signal at the shopping center on Buffalo Grove Road just north of Dundee Road. Mr.Monico responded to Mr.Moodhe. ADJOURNMENT Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. The meeting was adjourned at 9:10 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 20th DAY OF January,2014 Village President Minutes of the January 22, 2014 Village Board Meeting 4-B .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Staff recommends approval. Attachments M012214-COTW-Exec.pdf Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS ....M.o�n.d�a............Fe.b�r�uarY.............3......2.0.1.4.........................................................................................................A.............p prova.L..of...M..n.ute�s...._...Ite.m....�...4._�B........................................................................................................... Y, MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON WEDNESDAY,JANUARY 22,2014 CALL TO ORDER President Braiman called the meeting to order at 5:02 P.M. Roll call indicated the following present: Jeffrey Braiman,Village President;Jeffrey Berman, Steve Trilling, Beverly Sussman,Mike Terson,Andy Stein and Les Ottenheimer,Village Trustees. EXECUTIVE SESSION Moved by Sussman,seconded by Trilling,to move to Executive Session for the purpose of discussing Personnel, Section 2(c)(1)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. The Board moved to Executive Session from until 5:04 P.M.until 5:55 P.M. ADJOURNMENT Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 6:00 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 3rd DAY OF February,2014 Village President Presentation and Reading of Warrant#1225 5-A Overview Approval is Recommended. Attachments Trustee Liaison Staff Contact Scott D Anderson,Finance&GS M.o�n.d�aY,............Feb�r�uarY.............3......2.0.1.4.........................................................................................................Approval ofWa�rra�nt... Ite.m....�...5._A........................................................................................................... VILLAGE OF BUFFALO GROVE WARRANT #1225 3-Feb-14 General Fund: 510,564.13 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 1,614.20 Motor Fuel Tax Fund: 580,198.30 School & Park Donations 0.00 Capital Projects-Facilities: 22,420.25 Capital Projects-Streets: 75,369.44 Health Insurance Fund: 1,056.74 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 81,886.18 Water Fund: 25,682.05 Buffalo Grove Golf Fund: 17,010.82 Arboretum Golf Fund: 9,285.24 Refuse Service Fund: 61,233.71 1,386,321.06 PAYROLL PERIOD ENDING 1/30/2014 876,819.64 876,819.64 TOTAL WARRANT #1225 2,263,140.70 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President See appendix: Appendix001 - W#1225.pdf Appointment of Paige Donnelly to the Community Blood 6-A Donor Commission Overview The Community Blood Donor Commission has no maximum number of commission members. There are currently seven appointed members. Mrs. Donnelly is a resident and previously served as the Chairperson to the Commission. The Talent Bank application for Mrs. Donnelly was sent to the Village Board under separate cover. Attachments Trustee Liaison Staff Contact Trustee Terson Julie C Kamka, Monday, February 3, 2014 Village Presidents Report-Item : 6-A Board Meeting Schedule for February and March, 2014 7-A Overview Due to the President's Day holiday and the annual Committee of the Whole meeting schedule, there are four consecutive Monday Village Board meetings scheduled as follows: February 24 -Regular March 3 -Regular March 10 - Committee of the Whole March 17 -Regular Staff has reviewed the upcoming agenda items and determined that there is not a need to have a regular meeting on March 3. Thus, it is proposed to move the Committee of the Whole meeting from March 10 to March 3,thereby having a meeting on the first and third Monday of the month. The resulting schedule would be as follows: February 24 -Regular March 3 - Committee of the Whole March 17 -Regular Staff seeks direction from the Village Board on this schedule. If approved, a notice of cancellation will be published for the March 10 meeting. Attachments Trustee Liaison Staff Contact Dane C Bragg, Monday, February 3, 2014 Village Managers Report -Item : 7-A Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Kedroski Property, 23031 N. 8-A Prairie Road .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Jim and Linda Kedroski, owners of the property,have filed a petition to annex the parcel at 23031 N. Prairie Road for development of a single-family house. The parcel is undeveloped;the lot area is approximately 28,895 square feet. The current zoning is R-1 by Lake County. The draft annexation agreement designates the property with R-2 zoning, requiring a minimum lot area of 15,000 square feet and minimum lot width of 90 feet. The new house would be connected to Village water and sanitary sewer adjacent to Noah's Landing. The annexation agreement stipulates that the property owners will extend sanitary sewer in an easement from the south side of the property to the north lot line. Construction of a sidewalk along Prairie Road is also required. The draft annexation agreement is attached for the Village Board's consideration. Next Steps Consideration of ordinances to approve the annexation agreement, annexation and zoning. Prior Actions Review of annexation petition and agreement. Anticipated Future Board Actions Review of plat of subdivision.. Attachments Annex Agrmt-draft_23031 N Prairie Rd_Kedroski_1-29-2014.pdf Notice of Hearing_Kedroski-Prairie Rd_annex agrmt.pdf Location Map,23031 N Prairie Rd.pdf Trustee Liaison Staff Contact Trustee Terson Robert E Pfeil,Planning ....M.on.da............Fe.bruarY.............3......2.0.1.4.........................................................................................................S.......peC1a.l...B.us.'.Hess...._...Ite.m........8._A......................................................................................................................... Y, 1/29/2014 ANNEXATION AGREEMENT Kedroski property 23031 N Prairie Road This agreement (hereinafter referred to as the "Agreement") made and entered into this 3rd of February, 2014, 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 James A. Kedroski and Linda L. Kedroski (hereinafter referred to as "Owner"). 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 0.66 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation of the territory to be annexed, depicting a total area of 0.66 acres, is attached hereto as EXHIBIT B; and, WHEREAS, Owner desires to annex the Property pursuant to the provisions and regulations applicable to the R-2 One-family Dwelling District of the Village Zoning Ordinance to construct a single-family house on the Property; and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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 President and Board of Trustees of the Village held a public hearing with respect to the requested zoning classification 2 in the R-2 One-family Dwelling District of the Village Zoning 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 (65 ILCS 5/11-15.1-1 et seq.) 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 the provisions of Section 5/7- 1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) 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-2 One- family Dwelling District, all as contemplated in this Agreement. No portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty-one (21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at 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 enact an ordinance zoning the 3 Property in the R-2 One-family Dwelling District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. 5. Approval of Plans. It is understood and agreed that the Owner is proposing construction of a detached single-family house on the Property. In the event that a development other than a single-family detached house is proposed, the Property shall comply with the applicable requirements of the Village Development Ordinance pertaining to approval of a Preliminary Plan. 6. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent construction of a single-family house. 7. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters 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 shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to owners and developers of properties within the Village. 8. Water Provision. The Owner shall be permitted and agrees to tap onto the Village water system at points recommended by the Village Engineer pursuant to a final engineering plan, which is subject to approval by the Village. The Owner further agrees to pay to the Village 4 such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to the Property for the single-family house contemplated herein. 9. Storm and Sanitary Sewer Provisions. Owner shall connect the proposed single-family house to the Village's sanitary sewer system at the location designated by the Village Engineer, pursuant to the final engineering plan approved by the Village. The Owner shall construct a sanitary sewer (eight inches in diameter) on the Property in a 15-foot wide sanitary sewer easement across the Property to reach the north lot line of the Property, and provide a 15-foot wide sanitary sewer easement along the north lot line to the west lot line of the Property, as approved by the Village Engineer, pursuant to the final engineering plan approved by the Village. Upon installation and acceptance by the Village through formal acceptance action by the action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain said public sanitary sewer line, except for sanitary sewer service connections. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. The Owner shall construct any storm sewers which may be necessary to service the Property as determined by the Village Engineer. 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 multiple properties. The Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated. 10. Drainage Provisions. The Owner shall comply with applicable stormwater 5 regulations as determined by the Village Engineer to preserve drainage standards. 11. 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. 12. Right of Way Dedication. The Owner shall dedicate right-of-way of ten (10) feet in width extending the full frontage of the Property along Prairie Road. Said dedication shall be made on the plat of subdivision for the Property and prior to issuance of any Village permits. 13. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearing held before 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. EXHIBITA Legal Description EXHIBIT B Plat of Annexation dated October 4, 2013 EXHIBIT C Development Improvement Agreement 14. Building, Landscaping and Aesthetics Plans. Owner shall submit building and landscaping plans for approval by the Village prior to construction of buildings on the Property. The exterior appearance of the proposed single-family house is subject to review by the Village in accordance with the Village Appearance Plan. 15. Annexation Fee. Owner agrees to pay an annexation fee of$700.00 for any new residential dwelling unit constructed on the Property. Said fee shall be paid at time of issuance of building permits. 6 16. Park District Donations. Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Owner agrees to make a cash contribution to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations. 17. School District Donations. Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Owner agrees to make cash contributions to the Village for conveyance to School Districts 103 and 125 according to the criteria of said Title. 18. Library District Donations. Owner agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 19. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library 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. 20. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex the Property to said Park District. Said annexation shall be completed within sixty days (60) days of the request of the Park District. 21. 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 is in the best interests of all the parties and requires their continued cooperation. The Owner does 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 7 evidence its intent to 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. 22. 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 provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 23. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns for a term of twenty (20) years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. 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. 24. 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. 25. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: James A. Kedroski and Linda L. Kedroski 2467 Madiera Lane Buffalo Grove, IL 60089 If to Village: Village Clerk 8 Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 22 S. Washington Ave Park Ridge, IL 60068 26. Default. In the event Owner defaults in performance of their obligations set forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner fails to cure such default or provide such evidence as provided above, then, with notice to Owner, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which obligations or development have not been completed or at the option of the Village, to rezone such Property to the Residential Estate District. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property, or at the option of the Village, to rezone such Property to the Residential Estate District. 27. Litigation. A. The Owner, at their cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and development of the Property. Owner shall cooperate with the Village in said litigation but Owner's counsel will have principal responsibility for such litigation. B. The Owner shall reimburse the Village for reasonable attorneys' 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. C. Owner hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result of development activities for which the 9 Owner is responsible. 28. Special Conditions. A. It is understood and agreed that upon annexation the Village will issue a new street address for the proposed single-family house on the Property to ensure proper identification for provision of services, and Owner shall use said Village address in place of the current address assigned by Lake County. Owner is also required to contact the Buffalo Grove Post Office and submit a change of address requesting use of the address as assigned by the Village. B. Owner represents and warrants that there are no mortgages, liens or other security interest affecting title to the Property or any part thereof. C. Owner shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Lincolnshire-Riverwoods Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by the Owner within sixty (60) days of the date of this Agreement. D. Owner shall provide a plat of subdivision for the Property in conformance with the requirements of the Village Development Ordinance prior to issuance of any Village permits. Said plat of subdivision shall provide the dedication of right-of-way along Prairie Road as set forth in Section 12 of this Agreement and shall provide the sanitary sewer easements as set forth in Section 9 of this Agreement. E. Owner shall construct a public sidewalk extending the full frontage of the Property along Prairie Road. Said sidewalk shall be constructed in compliance with the Village Development Ordinance and shall be completed according to the schedule determined by the Village Engineer. IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the 10 same on the day and the year first above written. VILLAGE OF BUFFALO GROVE By JEFFREY S. BRAIMAN, Village President ATTEST: By VILLAGE CLERK OWNER: James A. Kedroski Linda L. Kedroski This document prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 11 EXHIBIT A Kedroski property 23031 N Prairie Road Lot 3 in Knedler's Subdivision, being a subdivision of part of Lot 34 of School Trustees' Subdivision of Section 16, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded December 12, 1956 as Document 933874 in Book 1506 of Records, Page 1, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 23031 N. Prairie Road, Prairie View, IL PIN: 15-16-405-012 W� &05-ig a� w a b � � a� � � o �o Ib iN3wn..oa y2 00 MAPS. 10o Q R �RPZE GR��� ddRP FF PLO g< Mill I Jill 0 �I m To be published Kedroski property,23031 N Prairie Road November 30,2013 VILLAGE OF BUFFALO GROVE Fifty Raupp Blvd Buffalo Grove,IL 60089-2100 Phone 847-459-2525 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Village President and Trustees of the Village of Buffalo Grove on Monday, December 16, 2013 at 7:30 P.M. in the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL concerning the following matter: SUBJECT: Petition to the Village of Buffalo Grove for consideration on an annexation agreement and annexation with zoning in the R-2 One-family Dwelling District pursuant to the terms and conditions of the annexation agreement. PETITIONER: James & Linda Kedroski 2467 Madiera Lane Buffalo Grove, IL 60089 SUBJECT PROPERTY DESCRIPTION: Lot 3 in Knedler's Subdivision, being a subdivision of part of Lot 34 of School Trustees' Subdivision of Section 16, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded December 12, 1956 as Document 933874 in Book 1506 of Records, Page 1, in Lake County, Illinois. PIN: 15-16-405-012 SUBJECT PROPERTY COMMON DESCRIPTION: 23031 N. Prairie Road, Prairie View, IL Documents submitted for the hearing are on file at the office of the Village Clerk, 50 Raupp Boulevard, Buffalo Grove, IL and may be examined by interested persons. Anyone with questions concerning the hearing may contact Robert Pfeil, Village Planner, 847-459-2525. All persons present at the hearing will have an opportunity to be heard. Dated this 26th day November, 2013. Janet M. Sirabian, Village Clerk Village of Buffalo Grove, IL NOTICE OF PUBLIC HEARING P�IJRE IVCN t 10S CERTIFICATE OF PUBLICATION HEREBY ttvf4 rh<fr It,uad'sdtc fie" wwlVd be held tgy the Vdlda e Presddent cdna froislees e the 01foge of Paddock Publications, Inc. 8ofdodo trove our Monda��a, tfe<:ornber 16 2013 M 7t�d P.M In ldfilf foPl ROUPa- Herald d�rers�,Buffalo 0."wr^ove muundci• nral k�raddaiut �aeudap t�on+teuard daffado Grove„ IIL oanrer•ardadg the lvlo rirda rrdaf ter n. sLdrf„g a f. Petdtdon to The Corporation organized and existing under and by virtue of the laws of Vdiloge of Buatfolo Grove Par Igo"n gr ey,�;ent a„d o^�cxo. the State of Illinois, DOES HEREBY CERTIFY that it is the publisher oil wit" ino v,01liroquerP P of the DAILY HERALD. That said DAILY HERALD is a secular drdct ptireaicuniif to,the terms o0 d conadrdans of the annex- newspaper and has been circulated daily in the Village(s)of oa ee iend. rETiiONRJo me n �He ght� Aurora.Barrington Kearaski n on o 24e7 Mcudhero Lane BdJato0rave I 3ngon lhll�l �grka sy81 FO B�d.drtn�ti�lt't,wG��dr�lh�arLi��tffn, 1��tlll arrit��t rig $Ckd FIT ION,I at 3 In dcned- Bartlett Batavia�1uffalo Grove,Burlington, 'atravptclll Hills fer°s Subrddvlsdon, being a � � enondd�rdsdon of Frard of Lol34 Camentersvillt Car Decr ark Des Plaines a �mtln ! l'gfrt Eawt 1)utYclee. of Sadhaad Trustees"Suab¢dIvi. •. . Mann of Settdon td,Tawvnshddt b lbu t� 1'l +its Elk Grove Village,lox Lake Fox River Grove,Geneya 43 Nbrth, Ponae 11 Easf of .x E w .�_ a x the Thlyd PrIncipad I".,terfd• loon according to the plat Gilh�rts Qra wlake Green Oak~ Ournee.� Hainesville. Llano rjre,. fhe+re,of recorded becer4er l2 1966 as acundent 93"74 Hanover wPar llawthorti "o�rcl�,l��llc� an l t�ttew, llrrrrtl�y�.�r�'�erdaes�, n, ffaI 15a4 of ely�llfr, Islandm Lake l ildeer Lake Villa Hake in the llills, Letkem7urLekt, Page b,in t.ak+ ourddy?tllid• nags,f dN,15.•640-012 rle View,nl�odo ft�rr ddeecN�rfar l tbnd "��k^lle,l � ��y1 g,b��DG Gt IICi�IBt ��� do ¢ckyc, Mt I1lwt�)e ct SdgUE,CI �'d�r�FaERTY nectl�'t�altttc l►ndemdldtftet, I.c C�uFMFnPha'7N frie.Road, d T'darN. af°h View,It Round Lake Ilea li.Rgtund Lake Heights,Rcru�7tl..Lake park,Sel-lautribur�, v Mundf lern P tl rtinc turn Meadows Round Lake to hear Ina rare an fide ad I,he ro ` eaf flhe Village Clerk,50 Raaapp Boulevard, Buffalo S�eeP olmlat �t._Ch�arles Strt ani w,�o od lower Lakes Vernon 111t1IT1.s�.... Grove, db and In mayrost be ex. � � Du�rdee 1Vi Wis. d by In With dive ner- Volo Wttuconda, WIteell'nc, Wa st ldwood Sugar+ ro we._ Wis.Anyone t�+ith a�eestlons� .�am....�._.__.._ concerning the hearing rruavv North Aurora Contact Robert Pfelll, Vit- �.�__...___.. Zwfe Planner,847 0 2s2S. d persons presena at the hearing will suave an oppor- tunity to be heard. Gaote'l t 6s 2'4th day Novem- .........—.......... ................ .. ........ _. Geer,2Cdd . Janet M. Sirabdan, Village .... Villa Clerk County(ies)of e',rtr vdditvaw ad in atPa :L Her r ie and State of Illinois,Cook, Kane Lake McH m . rlabor°1ed fa,2(4 94431id continuously for more than one year prior to the date of the first publication of the notice hereinafter referred to and is of general circulation throughout said Village(s), County(ies) and State. I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 7150,Act 5,Section 1 and 5.That a notice of which the annexed printed slip is a true copy, was published November 30.2013 �m..._..._.._.. in said DAILY HERALD,. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS,Inc., has caused this certificate to be signed by,this authorized agent, at Arlington Heights,Illinois. PADDOCK PUBLICATIONS,INC. DAILY HERALD NEWSPAPERS BY `/ Aga Authorized Agent Control#4359448, LOCATION MAP : 23031 N PRAIRIE RD 'I, ia,��,���>!r� ��ul������ mil'✓� 211,219 41 V V� Iof` 23127 y r- a �sv r d NYII I x I 231 U 1 wmm I�rt..'W�, � ION 1 fl, _.. I 2I I w � G 7G 2 A�rs ✓ p, I., mw� v re v a .,r,.,,� +l 1II ���r-l�s�;JII 9i 1m,yrr/�.qp Pw JII4JIII,DIG•'%ll�I ,,,,....,m� I Al.�!W'!a& a, i i4 Uw W.,.;P I i 1 I I, IIII �tlb hU� r 2303�� 1 N Prairie Rd �;,�mmulwlmuuul�oolr�m>fulmN�mluuuD johoo"pill� P I N110, 516 4 05 012 i,�puouoml000umlmoomm>Io>I!�u�muo IM F r� N ?ulu omlu�ll�irmlo �� .�' �Nola(p �,�ir rr 2 4dJ30 muro �� u121439 �i Or,a �WIil�aolfnRi�'�"li�w alr �a°°�� " wunlom 7 ,�' � f 00 %/6'ONc aPf 6f r'i Ufa fallff, W/AL N e, �110j/ fr'/ff, r:ollr uP✓�..U//F m, Irk IVY', d e,n 1 U R=f J 239 e 1 0 24 M27 'II -�- W ', � V I A «ra I u� 0 a; W c rza III a.11D ryp W,UI U, Itl»:A"Aa W H iu ,m ui n @ IA ll Jr,w w JII fi!IL A aY G ufi f a" «rm wa w owl �� or �Saf � f la^W�nwrG Y I +, Ir�'G r mi Prepared by the Division of Planning Services, 7213120 7 3 Public Hearing: Consideration of a Draft Annexation Agreement Concerning the Pulte Easthaven Development, 8-B Hoffmann Property, 22140 N. Prairie Road .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends discussion. Overview Pulte Home Corporation has petitioned for approval of a single-family development on the Hoffmann property, 22140 N. Prairie Road. The unincorporated property is a 20-acre tract used for agriculture. An existing single-family home on the property would be maintained as a "farmstead." The Village's Comprehensive Plan designates the site for single-family development. The plan proposes 38 single-family houses ranging in size from approximately 3,200 to 4,000 square feet. Two lots will be platted for the "farmstead"area(1.3 acres). Lot 39 will accommodate a future house; Lot 40 will be occupied by the existing single-family house. The farmstead area would continue current uses including gardening, orchards and poultry (chickens and ducks). The property owner requests a provision in the annexation agreement to allow existing animals to remain on the farmstead. The plan proposes zoning in the R-3A District. The minimum standards for this district are a lot area of 10,000 square feet, a lot width of 80 feet, and front and rear yards of 30 feet. The proposed lots would have minimum dimensions of 82 feet in width and 131 feet in depth. Variations of the 30-foot front yard setback are requested to allow a 25-foot corner side yard for Lots 3, 7, 8, 12, 13, 17, 18 and 22. Variations are also requested concerning the existing barn on proposed Lot 39. The barn will be approximately 10 feet from the new street right-of-way;the standard front yard setback is 30 feet. The barn will be located in a front yard; accessory structures are allowed in side and rear yards, but not front yards. Variations of the Village Fence Code are requested to allow fencing in the front yards of the two farmstead lots (Lot 39 and 40). A variation of the Village Sign Code is requested to allow a permanent subdivision identification sign for the Easthaven development. The plan extends the existing street grid in the Prairie Grove subdivision adjoining to the north. Olive Hill Drive, which is currently a half street with one-way access from Prairie Road, would be completed as a full street. Paved areas for vehicles to turn around are provided for the two streets which terminate at the west side of the development. The plan provides an addition of 0.67 acres to the existing Prairie Grove public park (1.32 acres). This park would be further expanded if the agricultural land to the west is annexed and developed. An easement of 15 feet in width is provided between Lots 38 and 39 to allow future construction of sidewalk to the adjoining property south of the site. The public hearing concerning the draft annexation was opened by the Village Board on January 20 and continued to February 3. The draft annexation agreement is attached for discussion by the Village Board on February 3. The developer and property owner are reviewing the draft. Consideration of the final agreement and ordinances to approve the agreement, annexation and zoning will be scheduled for the February 24 Village Board agenda. Next Steps Consideration of ordinances approving the annexation agreement, annexation and zoning. Prior Actions Public hearing for draft annexation agreement. Anticipated Future Board Actions Consideration of plat of subdivision. Attachments Hoffmann-Pulte Annex Agrmt-draft_1-29-2014.pdf NOTICE_Vill Bd Hearing_Pulte Hoffmann property_12-30-2013_.pdf Location Map-Hoffmann property_9-12-2013.pdf Pulte Easthaven-Hoffmann Exhibits-annex agnnt_1-29-2014.pdf(Appendix) Trustee Liaison Staff Contact Trustee Stein Robert E Pfeil,Planning ....M.on.da............Fe.bruarY.............3......2.0.1.4.........................................................................................................S.......peC1a.l...B.us.'.Hess...._...Ite.m........8._B.......................................................................................................................... Y, 1/29/2014 ANNEXATION AGREEMENT The Hoffmann property, 22140 N. Prairie Road Pulte Homes Easthaven subdivision and Hoffmann Farmstead parcels This agreement (hereinafter referred to as the "Agreement") made and entered into this day of February, 2014, 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 Chicago Title Land Trust Company, as Trustee under Trust Agreement dated January 20, 1966 and known as Trust No. 40000231 (hereinafter referred to as "Owner") and Pulte Home Corporation (hereinafter referred to 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 19.44 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof, and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total area of 19.44 acres to be annexed; and, WHEREAS, Owner and Developer desire and propose pursuant to the provisions and regulations applicable to the R-3A One-Family Dwelling District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Willis Burke Kelsey Associates Ltd and dated as last revised November 25, 2013, and also a certain Preliminary Engineering Plan prepared by Spaceco Inc. and dated as last revised October 2, 2013, (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 2 exhibits attached hereto or incorporated by reference herein. Said development of the Property shall consist of 38 single-family houses to be constructed by the Developer, and maintenance of a single-family house and other buildings and structures on the portion of the Property referred to herein as the "Farmstead Parcels" (located on proposed Lot 39 an Lot 40 as depicted on EXHIBIT D). WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et seq.) 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 its recommendations with respect to the requested zoning classification in the R-3A One-Family Dwelling District and variations of the Village Zoning 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 (65 ILCS 5/11-15.1-1 et seq.) 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 the provisions of Section 5/7-1-8 of the Illinois Municipal Code (65 ILCS 5/7-1-8) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement 3 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-3A One- Family Dwelling District, all as contemplated in this Agreement. Except as set forth in Section 29 hereof, no portion of the Property shall be disconnected from the Village without the prior written consent of its Corporate Authorities. 3. Enactment of Annexation Ordinance. The Corporate Authorities, within twenty- one (21) days of the execution of this Agreement by the Village, will enact an ordinance (hereinafter referred to as the "Annexation Ordinance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded at 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 enact an ordinance zoning the Property in the R3A One-Family Dwelling 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 (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 4 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. Owner and 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. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations would prevent development of the Preliminary Plan approved herein. 7. Amendment of Plan. If the Owner or Developer desires to make changes to to the Preliminary Plan, as herein approved, the parties agree that such changes to the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to the Preliminary Plan. The Corporate Authorities may, in their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change to the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate. 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 owners and 5 developers of properties within the Village. 9. Water Provision. The Owner and Developer shall be permitted and agree 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 Owner and Developer further agree to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner and Developer agree to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to 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 Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Developer shall construct sanitary sewers as may be necessary to service the Property, in accordance with EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Village agrees to operate and maintain such systems, except for sanitary sewer service connections. The Owner and Developer agree to accept any increase in sewer rates and tap on fees, provided that such fees 6 and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Village agrees to operate and maintain that portion of the storm sewer system which serves multiple properties. The Owner and Developer agree to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated. C. Outlot A as depicted on Exhibit D shall be constructed as a stormwater management detention facility. Upon completion of said facility as approved by the Village, Outlot A shall be conveyed to the Village for ownership and maintenance. 11. Drainage Provisions. The Owner and Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner and 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 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 7 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 shall dedicate right-of-way along Prairie Road to provide a right-of-way of 60 feet from the centerline, and right-of-way along Olive Hill Drive to provide a total right-of-way of 60 feet. Owner and Developer agree to dedicate such additional right-of-way along Prairie Road as may be required for the Prairie Road improvement planned by the Lake County Division of Transportation. Said dedication of right- of-way shall be provided on the first plat of subdivision approved by the Village for any portion of the Property. 15. Exhibits. The following Exhibits, some of which were presented in testimony given by the Owner and 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. EXHIBITA Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement (form) EXHIBIT D Preliminary Plan dated November 25, 2013 EXHIBIT E, E-1 Preliminary Engineering Plan ( 2 sheets) dated October 2, 2013 EXHIBIT F, F-1 Landscaping Plan (2 sheets) dated November 25, 2013 EXHIBIT G, G-1 Subdivision identification sign (2 sheets) dated January 15, 2014 EXHIBIT H Fencing plan for Farmstead Parcels (Lot 39 and Lot 40) dated December 12, 2013 16. Annexation Fee. Developer agrees to pay an annexation fee of $700.00 per dwelling unit for the 38 new houses, which fee shall be payable pro rata 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. The models and exterior elevations of the single-family houses to be constructed by the Developer shall comply with the appearance package approved by the Village Appearance Review Team (ART) and Village Plan 8 Commission. It is understood and agreed that modifications pertaining to the exterior elevations may be desired by the Developer to accommodate homebuyers, and to the extent practicable, the Village shall review said modifications administratively. Major changes may be subject to review by the Appearance Review Team (ART). Lighting and signage shall be compatible with surrounding areas as approved by the Village. Phases not under construction or completed shall be maintained in a neat and orderly fashion. 18. 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 thirty (30) 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 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 approval, and shall further provide that the 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. The Developer has represented that a homeowners association will be established for the ownership and maintenance of the subdivision identification sign to be constructed on Outlot E as depicted on Exhibit D. The homeowners declaration is subject to review and 9 approval by the Village. 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. Outlot C and Outlot D shall be conveyed to the Village upon request by the Village. The Village shall convey Outlot D to the Buffalo Grove Park District, and said Outlot D shall fulfill the active park land donation requirement for the Property. Developer shall grade and establish a grass cover for Outlot C and Outlot D in the first phase of development of the Property prior to conveyance of said outlots to the Village. Developer agrees to make cash contributions in lieu of dedicating land to fulfill the passive park land donation requirement for the Property. The Village shall convey said cash contributions to the Buffalo Grove Park District. 20. School District Donations. Owner and Developer agree 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. Any new residential buildings constructed on the Farmstead Parcels are subject to Title 19 concerning school donations. 21. Library District Donations. Owner and Developer agree to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding library donations. 22. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library 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. 10 23. 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. Said annexation shall be completed within sixty days (60) days of the request of the Park District. 24. 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 is in the best interests of all the parties and 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 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. 25. 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 provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 26. Term of Agreement. This Agreement is binding upon the Property, the parties hereto and their respective grantees, successors and assigns for a term of twenty (20) years from the date of this Agreement. This Agreement shall not be assigned without prior written consent of the Village. 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. 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 ll 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 Owner: If to Developer: Copy to: If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Tressler LLP 22 S. Washington Ave Park Ridge, IL 60068 29. Default. A. In the event Owner or Developer default 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 such default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said 12 period. If Owner or Developer fail 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 obligations or development have not been completed or at the option of the Village, to rezone such Property to the Residential Estate District. 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 Residential Estate District 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 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 of the Developer 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 Pulte Home Corporation. 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 its 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 Owner/Developer's counsel will have principal responsibility for such litigation. B. The Owner and Developer shall reimburse the Village for reasonable attorneys' 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 13 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. 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. From the adoption of the ordinance approving this Agreement, any transfer of the Property or portion thereof shall be subject to the payment of such real estate transfer tax or an equivalent cash payment to the Village. B. Owner represents and warrants that the only mortgagee, lien holder or holder of any security interest affecting title to the Property or any part thereof is X X by its written approval of this Agreement acknowledges that this Agreement is superior to its security interest in the Property. OR Owner (and Developer) represent and warrant that there are no mortgages, liens or other security interest affecting title to the Property or any part thereof. C. Owner shall deposit with the Village the amount necessary to reimburse the Village for any real estate tax payments made by the Village to the Long Grove Fire Protection District concerning the Property pursuant to Section 705/20 of the Illinois Fire Protection Act (70 ILCS 705/20). Said deposit, as determined by the Village, shall be made by the Owner within sixty (60) days of the date of this Agreement. D. Developer Provisions 1. Variations of Section 17.40.020.B. of the Village Zoning Ordinance are hereby granted to allow a corner side yard of 25 feet instead of 30 feet for Lots 3, 7, 8, 12, 13, 17, 18 as depicted on Exhibit D. 2. Variations of Section 14.16.010. of the Village Sign Code are granted to allow a subdivision identification sign as depicted on Exhibit D and Exhibit G. The final design of said sign is subject to Village approval. It is understood and agreed that that the location of said sign on Outlot E as depicted on Exhibit D may need to be modified to accommodate the dedication of right-of-way as set forth Section 14 of this Agreement. 14 3. Developer may submit master building plans for approval of various models to be built, and said approval shall pertain to subsequent permit applications for individual lots unless substantive modifications to said models are proposed. 4. Outlot B shall be conveyed to the Village when said outlot is graded and established with grass as approved by the Village. The Village shall own and maintain said outlot, and Developer shall have no further obligations for said outlot after conveyance to the Village. 5. Developer shall construct the paved areas at the end of the streets terminating at the west line of the Property as depicted on Exhibit D when the streets are constructed. Said paved areas are intended to accommodate maneuvering of emergency and service vehicles, and said paved areas shall not be used for parking. The Developer shall install barriers at the end of said streets if required by the Village Engineer. The design and placement of said barriers is subject to approval by the Village Engineer. The Developer shall provide easements to the Village to allow said paved areas to occupy Lots 28 and 30. Said paved areas on Lot 28 and Lot 30 shall be removed if the public street is extended on the adjoining property to the west. Removal of said paved areas shall be the responsibility of the developer extending said street. At such time that the paved areas are removed from Lot 28 and Lot 30 as approved by the Village, the easements on said lots shall be vacated. 6. The Village agrees to permit the Developer to construct and maintain one model area on Lot _, consisting of one building with suitable off-street parking areas, all subject to Village 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. The Village will allow permitting and construction of the model prior to completion of the public street and public water service, but a certificate of occupancy shall be issued only when street access and water service are available to serve said model. The Developer may use the model only for marketing the Property. Such use shall be discontinued when development of the Property as approved herein has been completed. 15 7. Developer shall disclose in writing the uses allowed on Lot 39 and Lot 40 to all persons contemplating the purchase of a house in the Easthaven subdivision. Said written disclosure is subject to written approval by the Village. E. Farmstead Provisions 1. Variation of Section 17.40.020.13. of the Village Zoning Ordinance is hereby granted to allow a setback of 10 feet instead of 30 feet for the existing barn on Lot 39. It is understood and agreed that the lean-to portion of the barn shall be removed within one (1) year after annexation of the Property. 2. Variations of Section 15.20.040.A. of the Village Fence Code are hereby granted to allow construction of fences in the front yards of Lot 39 and Lot 40 as depicted on Exhibit H hereto. Said front yard fences shall be a picket fence style not higher than four (4) feet. Said front yard fences shall be tapered in height beginning at the 30-foot building setback line to meet the height of fencing constructed in the respective side yards of said lots. Gates in the respective front yard fences are subject to review and approval by the Village to ensure that adequate visibility is provided for vehicles accessing said gates. 3. Existing buildings and structures on Lot 39 and Lot 40 as depicted on the plat of survey dated June 26, 2013 shall be allowed to remain as currently constructed. It is understood and agreed that the frame garage on Lot 39 does not meet the required setback from the south property line. In the event of damage to said garage of more than 50 % of its value, repair or rebuilding of said garage shall be in compliance with applicable zoning standards unless variations are granted by the Village. 4. Modifications and upgrades of the existing buildings and structures on Lot 39 and Lot 40 shall comply with applicable Village building and life safety codes. It is understood and agreed that a new garage may be constructed on Lot 40. Said garage shall meet applicable zoning standards unless variations are granted by the Village. 5. The existing driveway to Prairie Road may be used for access to Lot 39 and 40 until such time that Lot 40 is transferred to an owner other than Willard G. 16 Hoffmann or his descendants, or until such time that Lot 40 has a driveway connection to Jordan Terrace which is to be constructed as part of the Pulte Easthaven subdivision. Access to Prairie Road for Lot 39 shall be terminated when said transfer of Lot 40 or a driveway connection to Jordan Terrace for Lot 40 occurs. The driveway to Prairie Road shall be maintained by the owners of Lot 39 and 40, and a temporary easement shall be provided allowing said access on Outlot A when said Outlot is owned by the Village. Said easement shall be vacated when Lot 40 is transferred to an owner other than Willard G. Hoffmann or his descendants, or until such time that Lot 40 has a driveway connection to the Jordan Terrace constructed as part of the Pulte Easthaven subdivision. 6. Lot 39 and Lot 40 shall be allowed to connect a driveway for each lot to Jordan Terrace, and also to connect sidewalks or paths to the public sidewalk. 7. Lot 39 and Lot 40 shall connect to the Village water system and sanitary sewer system when said utilities are available to serve said lots. At the time of connection to Village sanitary sewer, existing septic sewer facilities 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. 8. The existing deep well on the Property may be maintained for landscape sprinkling and agricultural uses on Lot 39 and Lot 40. Any underground irrigation system is subject to review and approval by the Village. In the event that the well becomes inoperable it shall be properly abandoned and sealed in conformance with the State of Illinois requirements and as approved by the Village. 9. It is understood and agreed that the use of Lot 39 and Lot 40 (the Farmstead Parcels) by the current Hoffmann family owners contemplates maintenance of a rural, agricultural character of a circa 1939 farm, herein referred to as the "Farmstead Parcels." After the effective term of this Annexation Agreement and pursuant to 65 ILCS 5/11-15.1-2(f), the provisions of the Village's ordinance relating to zoning of Lot 39 and Lot 40 in accordance with this Annexation Agreement shall remain in effect unless modified in accordance with law. 17 The activities and uses listed below are allowed on Lot 39 and Lot 40 while owned by Willard G. Hoffmann or his descendants: a. The existing live poultry consisting of 15 ducks and 15 chickens (a total 30) on the Farmstead Parcels are allowed to remain for the duration of their natural lives. Said existing animals may not be replaced, and no roosters are allowed. b. Agricultural crops, gardens, orchards, compost areas, clotheslines, decorative windmills, scarecrows, and decoys are allowed on the Farmstead Parcels. It is understood and agreed that impacts, including noise and odor, will be controlled to avoid nuisance issues for adjacent properties and residents. Crops and garden produce shall not be sold on the Property. C. Signage stating the age and ownership of the Hoffmann farm, subject to Village review and approval of the size and location, shall be allowed on the Farmstead Parcels. Signage that prohibits trespassing and snowmobiling on the Property shall be allowed to be installed on the Farmstead Parcels, and said signs shall not exceed 1.5 square feet in area per sign. The number and locations of said signs are subject to review and approval by the Village. d. Lighting shall be allowed for security and operational purposes. Lighting repaired or installed after annexation of the Property shall use fixtures that minimize glare and light spillover onto adjoining properties. e. The existing heating and cooling equipment and the irrigation system for the existing greenhouse on Lot 39 shall be allowed to remain. Repair or replacement of said equipment is subject to applicable Village codes. 10. Owners of Lot 39 and Lot 40 shall have the right to subdivide said lots into three lots that comply with Village zoning and development standards. Lot 39 and Lot 40 may be sold separately, and a lot remaining in the ownership of Willard G. Hoffmann or his descendants shall retain the rights granted in this annexation agreement. Willard G. Hoffmann and his descendants shall have the right to give, sell or exchange Lot 39 or Lot 40 without limitation to any other Hoffmann family member, without losing the rights granted to Lot 39 18 and Lot 40 herein. 11. It is understood and agreed that upon annexation the Village will issue new street addresses for buildings on Lot 39 and Lot 40 to ensure proper identification for provision of services, and Owner shall use said Village addresses in place of current addresses assigned by Lake County. Owner is also required to contact the Buffalo Grove Post Office and submit a change of addresses requesting use of the addresses as assigned by the Village. 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 on the day and the year first above written. VILLAGE OF BUFFALO GROVE By JEFFREY S. BRAIMAN, Village President ATTEST: By VILLAGE CLERK OWNER: Chicago Title Land Trust Company, as Trustee under Trust Agreement Dated January 20, 1966 and known as Trust No. 40000231 By DEVELOPER: Pulte Home Corporation By 19 This document 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 20 EXHIBIT A Legal Description Hoffmann property 22140 N. Prairie Road, Prairie View, IL The south 660 feet of the north % of the east % of the southwest % of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. PIN 15-21-300-010 PULTE HOMES/HOFFMANN PROPERTY,22140 N. PRAIRIE ROAD TO BE PUBLISHED January 4,2014 ANNEXATION AGREEMENT VILLAGE OF BUFFALO GROVE Fifty Raupp Blvd Buffalo Grove,IL 60089-2100 Phone 847-459-2525 NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN that a public hearing will be held by the Village President and Board of Trustees of the Village of Buffalo Grove on Monday, January 20, 2014 at 7:30 p.m. in the Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, IL concerning the following matter: SUBJECT: Petition to the Village of Buffalo Grove for consideration of an annexation agreement and annexation with zoning in the R-3A One-family Dwelling District and approval of a Preliminary Plan for a subdivision of 40 lots, including 38 new single-family homes and an existing single-family house, and existing accessory buildings and structures, with the following variations: Village Zoning Ordinance (Title 17 of the Buffalo Grove Municipal Code), Section 17.40.020.B. —to allow a corner side yard of 25 feet instead of 30 feet for proposed Lots 3, 7, 8, 12, 13, 17, 18, and 22; to allow a setback of 10 feet instead of 30 feet from the proposed street right-of-way for the existing barn on proposed Lot 39; and Section 17.32.020.A. — to allow an accessory structure (the existing barn on proposed Lot 39) to be located in a front yard; Village Fence Code (Title 15 of the Buffalo Grove Municipal Code), Section 15.20.040.A. — to allow a fence in the front yard of proposed Lot 39 and Lot 40; Village Sign Code (Title 14 of the Buffalo Grove Municipal Code), Section 14.16.010—to allow a subdivision identification sign. Pulte Homes proposes to construct 38 single-family houses. An area of approximately 1.3 acres will be platted as two lots allowing a farmstead with an existing single-family house, accessory buildings and structures, and a future single-family house. PETITIONER: Pulte Home Corporation 1901 North Roselle Road, Suite 1000 Schaumburg, IL 60195 SUBJECT PROPERTY LEGAL DESCRIPTION: The south 660 feet of the north % of the east % of the southwest % of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. (PIN 15-21-300-010) SUBJECT PROPERTY COMMON DESCRIPTION: 22140 N. Prairie Road, Prairie View, IL Documents submitted for the public hearing are on file at the office of the Village Clerk, 50 Raupp Boulevard, and may be examined by interested persons. Anyone with questions concerning the hearing may contact Robert Pfeil, Village Planner, 847-459-2525. All persons present at the public hearing will have an opportunity to be heard. Dated this 30th day of December, 2013. Janet M. Sirabian, Village Clerk Village of Buffalo Grove, IL NOTICE OF PUBLIC HEARING CERTIFICATE OF PUBLICATION drat a PUBLIC NOT ICE is Paddock Publications, Inc. HEREBYHEREBY �atrrams pa4ubfic hearing 74fit be held w e V1RNo if President and on D&H11eitd Board of"trustees of the V11- laaua of �!yultada d3ravo on NNondoy 9anurarvy 2fr 2014 at 710 am in fdte councfl. Chambers„ Buffalo Grover tranrclaal Nvarldlna' � Corporation organized and existing under and b virtue of the laws of CRa nte, Boulevard, Fig the rp g g Y cilaurrlglfrntruerndna the sLdCf.lf"C"f.daetirtan to tfe the State of Illinois,DOES HEREBY CERTIFY that it is the publisher co,,'"111fttaa'll Of"eGrove ea. of the DAILY HERALD. That said DAILY HERALD is a secular flan a reentent and onnexaw rlan wyyw�ldr�Zansnt,In the R-3A newspaper and has been circulated daily in the Village(s)of r'1Nroe_famlly rtvaelllntr rtfs- 100 and at f rawatl of a rare. Al on aain,_ ntigLb Arlington Hei hts,Aurora B trriaa tbtra, Ilmlrtory PdarN tar a subddvI Ajpo �l— s _.. g a r __ •..�-- Tarr of n rase illy including Barr xton 11a11� l.�a e ��rraan yto�n Nor°tlI liar°rir't South l�raau toa�r etiv sNraaOe«tcamidy homes �a ..� ._. s ,,ton,.� _ z �._.._ and art exlsdlna sin le4arnr Hy house, and exl5lydng ac. Bartlett Batavia Buffalo Grove Bur lin 'ton Cana non hilts cossory huladlnos and struc- tures, with the lollavrdng C�a�r�ntersville mmCary,Dcer P,ar _lies Plaincs, South Elgin, East Dundee oroivorj ante y6foride a !inure Elburn,E1Qan,Elk Grove Village Fox Lake Fox River Grove Geneva t�ratraar,ce t'rdggn l7 of the audfaeo Grove dylunrcl I code,).lo section to 4 side Gilberts,Grayslake, Green Oaks Gurnee Hainesville Hampshire to allow a career sdde yord of 25 feet instead of 30 feet for Proposed Lots 3,7,8,13, Hanover Park,Hawthorn Woods Hoffman Estates Huntley Inverness se Pack o6�f 1ru `eel to toof o�a xotdtr w of m fthO tprto ed island Lake Kildccr Lake Villa Lake in the Hills T�� Zur.i.ch, . strexislinf Torn on9; and y for the proDoseSertlo Clued leiln Pl incc lnshirc Lindenhurst,I oil�(trove, t�i'"„r,�specs,c cosy ry Structure ir cta a(the exist- alatan��s��s ncct [lea la� l�rtllarr 1�lertflt p �.. rrassrury sdrrxtaara(the exdstiw rn4g born on arooaseO Loi 39) bound Lake Beach Round lake loci h R0aurt Lj.,,kc 'ark Schaulrjbur tohereFen 1nadeo arardt Sleep tlolld;lw, ~ Vdataaa Fence e fade rTlste d5 . 'fit. Charles Streaa�ctwood Tower Lakes Vernon Ilills of the Buffalo trove Wald- x6.rl Co"), seeerPtott Vtlw�a7_. �racrara�a.,.'N °lxeelir�f West Dundee.Wildwood Smear Grave fence of nosed LW 39 ade adhio� 0 North Aurora � ._ the Buffalo grave Monlcflaaq Code),Sect[on 14,16.010--to .__ Wiowy a subdNv9l5ron rdentrfd. car fori saga, ............. Pulse Horn" ptrotvoses to contrucl 38 srn Ne4omlly ....._._ ......._. _ ..._. . houses.ran arc a o arat$rr>xr. Count leS of Cook Kane Lake NlcHenr rrad m lwo lots allow gsdat- and State of Illinois,eo � �� led a..x drrra tits aptlavPln a farmstead with an Z1111 na ,continuously for more than one year prior to the soryN��ildina �rnr se sirvc': date of the first publication of the notice hereinafter referred to and is of tires, and a future sunofe- fpro%hoes JaPulte Home Pe'rN+r h°axe general circulation throughout said Village(s), County(ies) and State. L"artaaratlon tad d+forfh Roselle Road, Sabre woo sohetupr"nburg,Ip„atpu95 1 further certify that the DAILY HERALD is a newspaper as defined in 54,3JCCfta ROP'ERTY LE, GAL DES CRIPTIOW The "an Act to revise the law in relation to notices" as amended in 1992 south 660 feet of the north Ira of the east V,of the south. Illinois Compiled Statutes, Chapter 7150 Act 5 Section 1 and 5.That a wesd 1,4 of'Section 21,Torun. > > f1t3Trd"Pci�rono he rfnalfe! notice of which the annexed printed slip is a true copy,was published rldlon, In bake Coinsyr( It11f• nls.t drt ls. '1 7Qfik lay January 4 201..... in said DAILY HERALD. SUfa.I PaR0 RT'Y d,L7Nd9shON DESCRIP 1Ctih1: 22140 N.Prairie Rood,Prof. rle view I'L IN WITNESS WHEREOF the undersigned,the said PADDOCK t aou.,Lrs submitted for g , e on file at by"e office of her VIl oge PUBLICATIONS,Inc.,has caused this certificate to be signed by,this Clerk,%RouPa Boulevard, and may be examined by authorized agent, at Arlington Heights,Illinois. interested lae.rsarm Anyone With auestrorrs concerniha the trr Pie May rorrton- PADDOCK PUBLICATIONS INC. her,Robert Pie 1, Village tl lon- ner,fld7 d��du-'�525. , All taarxanr Present at the DAILY HERALD NEWSPAPERS uar.uoNdc hearlrtg will hove an aaaarNurwUdy to he heard. PrarecJ thls 30th day of r e cember,'2far3, Jalret M8, S'Iroblon, Village VI rc Neaddtd, or Doily of auffaro Grove,,IL. Published lrRished In herald Jan "a 9014l41617) BY Authorized Agent Control#4361937, Location Map : Hoffmann Property NORTH 22140 N Prarie Rd Map prepared by the Division of Planning Services,9/12/2013 IN Iuuu 110 VVV II III [RE to CTN WATERBURY WILLO� CY Q ArbgetL m Golf CTE y nv ...... V133 ii� iiiiiiiiii 15 C" ���''�' TERM DAveR� � i \\ ( nip iiiii 14 �o 'yyp0 a uuuuuuuuuuuuuuwmCm iuuuuuwumuuu CTN q 3 LANE a Meridian Middle �V SChool P, -� EI ENVALE D 16 — z I� C��qR CTS J � < � o,3 CT ChuIrchill ����������������k��F��������„/ �...li��ll W'"� zo i p P�,.vi z Gce ������ � Crowe o c- N NNNNN �� Park CTS �..,ii N NI, i t e Q NN9 N UNINCORPORATED N N NNN w �� NN CT,II...........I........... "'�""'."., � m RD. Twin Creeks CTW (rTE Lark,� . puVuuuuuuuuu�' 1 o �\ �' uuuuuu L EPB cT. CT N. 'W'*� ""off 35 ID 36 LN. "moi, 34 joT 9� F A, 33 �F/y �iii N���ro���'N�,� See appendix: Appendix002- Pulte Easthaven-Hoffmann_Exhibits-annex agrmt_1-29-2014.pdf ' Ordinance No. 2014-8: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code (Designation 10-A of No Stopping, Standing or Parking within the Waterbury Place Subdivision) .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The Village has received a request from the members of the Board of the Waterbury Place Homeowners Association requesting a change to the current street parking restrictions (7 a.m.to 4 p.m., on school days) on all public streets within the subdivision. The Traffic Committee has reviewed the parking issues the residents have been experiencing and recommends revising the parking restrictions to be from 8 a.m. — 9:30 a.m. and 2 p.m. — 3:30 p.m., on school days. The Waterbury Place HOA supports the revised restrictions. An ordinance is attached and approval is recommended. Attachments Ordl4-l.pdf Trustee Liaison Staff Contact Trustee Berman Darren Monico, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-A 1/23/2014 AN ORDINANCE AMENDING TITLE 10 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE (DESIGNATION OF NO STOPPING,STANDING OR PARKING WITHIN THE WATERBURY PLACE SUBDIVISION) WHEREAS, in order to provide safe and efficient traffic flow in the Waterbury Place Subdivision, it is necessary to prohibit stopping, standing and parking along all the streets within the Subdivision. NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: Section 1: Section BG-11-1303.C. of the Village of Buffalo Grove Municipal Code is hereby amended by revising the following subsection 11 to read: BG-11-1303.C. Stopping,standing or parking in specified areas is prohibited. 11. All of the public streets in the Waterbury Place subdivision between the hours of 8:00 a.m. to 9:30 a.m. and 2:00 p.m.to 3:30 p.m. on school days. Section 2:Any person violating any portion of this Chapter shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 3:This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. This Ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: 12014 APPROVED: 12014 PUBLISHED: 12014 APPROVED: Village President ATTEST: Village Clerk Ord14-1 ' Resolution No. 2014-7: A Resolution Approving an Agreement for Design Engineering Services for the Bike 10-B Path Reconstruction and Elevation West of Bordeaux Court .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $31,200 100.55.25.560.40 Overview The attached resolution allows for the approval of an agreement that provides for design engineering services of the budgeted 2014 bike path and reconstruction and elevation west of Bordeaux Court. The proposed project would address channel maintenance concerns and repair approximately 750 linear feet of an existing eight foot wide bike path near Bordeaux Court. The reconstruction and elevation is needed because the path often becomes inundated with water. The project includes raising the bike path to prevent flooding of the path during low flows and will clean out a culvert that helps drain water away from the bike path. A cross culvert for low flows will also be installed under the path. The contract has a not to exceed amount of$31,200. Prior Actions Resolution 2013-14/March 18,2013 Attachments Res l4-3.pdf Proposal.pdf Trustee Liaison Staff Contact Trustee Ottenheimer Darren Monico, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-B RESOLUTION NO. 2014— A RESOLUTION APPROVING AN AGREEMENT FOR DESIGN ENGINEERING SERVICES FOR THE BIKE PATH RECONSTRUCTION AND ELEVATION WEST OF BORDEAUX COURT WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE desire to cause the implementation of the bike path reconstruction and elevation west of Bordeaux Court, and WHEREAS, the approval of an agreement with a consulting engineer is required in order to proceed with the necessary engineering of the project. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby authorized and directed to execute the "Professional Engineering Services Agreement'. A copy of said contract is attached hereto and made a part hereof. AYES: NAYES: ABSENT: PASSED: 12014 APPROVED: , 2014 APPROVED: Village President ATTEST: Village Clerk Res 14-3 I CHRISTOPHER B. BURKE ENGINEERING LTD. 9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520 January 21, 2014 Revised January 27, 2014 Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Attn: Darren Monico Subject: Bike Path Reconstruction and Elevation West of Bordeaux Court Dear Mr. Monico: We are pleased to submit this proposal for professional engineering services for the subject project. This proposal includes our Understanding of the Assignment, Scope of Services and Not-to-Exceed Fee. UNDERSTANDING OF THE ASSIGNMENT CBBEL understands that the Village would like to utilize Village funds for the reconstruction and elevation of the 800 feet bike path west of Bordeaux Court to just north of Lyon Court within the Villas of Buffalo Creek Subdivision. It�_is our understanding from the Village that this grant can be utilized for the construction of this project. The project consists of raising the existing bike path one foot in elevation with 4 to 1 side slopes tying into the existing grade. The existing 24" CMP culvert will be removed and replaced. This will keep the path from being inundated during the low flows, but will require filling in the floodplain and wetland impacts. The wetland impacts will need mitigation and the fill in the floodplain will require compensatory storage. We have assumed wetland impacts to be banked and the compensatory storage to be excavated on-site. Two culvert crossings will be replaced as part of the proposed project. The fill for the path will be compacted clay or stone wrapped in a puncture resistant geo-membrane, not fabric, to prevent root and shoot intrusion depending on the geotechnical reports. SCOPE OF SERVICES Task 1 — Topographic Survey: The survey will be used as a base map for design purposes of the sediment removal and bike path construction and compensatory storage. • Horizontal Control: Utilizing state plane coordinates, CBBEL will set recoverable primary control utilizing an assumed horizontal datum. • Vertical Control: CBBEL will perform a level circuit throughout the entire length of the project establishing benchmarks and assigning elevations to the horizontal control points. The elevations will be based on NAVD '88 to coincide with previously completed projects. • Topographic Survey: CBBEL will field locate all pavements, signs, manholes, utility vaults and drainage structures. • Cross-Sections: CBBEL will survey cross-sections of the path at 50' intervals extending 25' from center line of existing beaten path for approximately 800' (LF) of topographic survey. • Utility Survey: CBBEL will survey all above ground utilities including, but not limited to: water, sanitary sewer, storm sewer, telephone, electric, cable and gas, etc. Identify size, type, rim, and invert elevations. • Tree Survey: CBBEL will locate all trees over 6 inches in diameter within the proposed improvements. CBBEL will also obtain utility information from all known utility companies along the project corridor and include the utility information in the existing conditions base sheets developed from the above information. The base sheets will be drafted at a scale of 1"=20'. Task 2 —Geotechnical Investigation: Three (3) soil borings will be obtained to a minimum depth of 10 feet as part of the Geotechnical Exploration by Testing Service Corporation (TSC). Upon completion of drilling and testing, an engineering report summarizing field and laboratory test data, including a boring location plan and computer generated boring logs. The report will address anticipated soil and groundwater conditions impacting site development, based upon the information obtained from the borings. It will also provide recommendations to guide design and specification preparation pertaining to geotechnical issues relevant to the structure or purpose described in this proposal. These may include the following: • General earthwork and construction considerations. • Remedial work and/or treatment of unstable or unsuitable soil types. • Fill placement and compaction for pavements. LMF/nf/mv N:MPROPOSALSIADMIM2014\Buffalo Grove-WeslofBordeauXCourt.011714 rev01272014,doc • Foundation type, capacity and depth/elevation. • Protective measures required for frost action. TSC will evaluate current Federal and State environmental agency records for the street segments by obtaining a Radius Map Report from Environmental Data Resources, Inc. (EDR). Review of the Radius Map Report assists in identifying potential contamination sources from adjoining properties which may cause the street segments to be considered a PIP. TSC will also perform a reconnaissance to evaluate the adjoining properties for evidence of the use or release of hazardous substances or petroleum products. Based on the results of this review, the TSC Professional Geologist conclude if the site is a PIP. If the site is not identified as a PIP, TSC will prepare a letter discussing the reviewed information and complete the LPC-662 form, less the signature of the Owner. TSC will recommend that the Owner sign the LPC-662 Form certifying that the site is not a PIP and the soil is presumed to be uncontaminated. This form is acceptable at most, although not all, CCDD/USFO facilities. Soil sampling for pH analysis is required for the LPC-662 form and will be performed by collecting a soil sample. The soil sample will be collected either by hand auger or split spoon equipment. The soil sample will be returned to TSC's office where it will be screened using a photo-ionization detector (PIO). The soil samples will be submitted for analysis of pH. Also, TSC will complete environmental soil sampling and analytical laboratory testing for LPC 663 or LPC 662.If a LPC 663 form is required additional costs would be required and are not included in this proposal at this time. Task 3 — Stormwater Permitting: The project will be considered a public development in the floodplain and will require a Watershed Development Permit from Lake County Stormwater Management Commission (SMC). CBBEL will complete a Base Flood Elevation (BFE) determination for the Zone A floodplain in the project corridor and determine the required compensatory storage for fill associated with the path reconstruction. The required compensatory storage will be incorporated into the design plans and permit submittal to SMC. Task 4 — Wetland Permitting: An investigation of the project site will be completed to determine the limits of any wetlands or waters of the United States present. The delineation will be completed based on the methodology established by the U.S. Army Corps of Engineers. Also during the site visit, wildlife and plant community qualities will be assessed. The limits of the wetland or waters will be field staked so that they can be located in relation to the project coordinate system. The results of the field reconnaissance will be summarized in a letter report. The wetlands'/waters generalized quality ratings, according to the Swink and Wilhelm Methodology (1994), will be included along with exhibits depicting the approximate wetland and project boundaries, National Wetland Inventory, Soil Survey, floodplain, USGS topography, site photographs and LMF/nf/mv NVPROPGYS,ALSwADM'INV014kBuffe9c rove,WostotBorcBDauxCou,rt,0117'h4 rev01272014'doc their locations, and the U.S. Army Corps of Engineers (COE) Routine On-Site Data Forms. If the delineation is field surveyed, that will be used as our base wetland boundary map, otherwise we will use the best available aerial photograph. CBBEL staff will coordinate and attend a wetland/waters boundary confirmation with the appropriate SMC Staff. CBBEL Environmental Resources Staff will prepare the wetland and buffer portions of the required permit applications. This information will include the required exhibits, specifications, data and project information. This information will also be compiled and assembled for placement in permit application packages to the U.S. Army Corps of Engineers and SMC as required. Before and during the permit review process, we expect to have meetings with the regulatory agencies, project engineer, and client. We also expect to have to prepare responses to comments received during the review process. We have budgeted for attendance at three meetings and included budget to cover the cost of submittal of one response to comments. If additional meetings, or responses to comments, are required they will be billed on a time and materials basis. Task 6 — Plans S ecifications ,and Estimates: CBBEL will prepare plans and specifications for the project. The plans and specifications will be submitted for review to the Village for review. i • Title Sheet 1 8 8 �!......._...... . _ ..._ ._. ......10 .. . . . 10 .� General Notes and Summa of Quantities 1._......._._ .__ .� �.._ Ali nment, Ties and Benchmarks 1 10 10 Typical Sections 1 8 8 Existin Conditions and Removal Plan _ .._1.._ mm8..........._...... 8mIT mmm Bike Path Plan and Profile 2 10 20 Landscape & Soil Erosion/Sediment 1 10 10 Control Plans & Details Specification -- 10 Cost Estimate/Quantities Task 6 — Coordination Meetings with Village and/or Residents: CBBEL has assumed that one coordination/ review meetings will be required with the Village and/or residents. Task 7 — Bidding Assistance: CBBEL will attend the bid opening and evaluate the bids and bidders to determine if the bids were submitted in accordance with the contract documents and if the bidders are qualified to perform the work. Following this review, W rnNnv f.I;1Pf$(7POSAI.Ml7MINV0MBuffaloGrove-WeslofBordeauxCourt.011714 rev01272014.doc CBBEL will provide a recommendation to the Village for award of the construction contracts. Task 8 — Contract Administration Assistance: CBBEL will assist the Village in preparation of compiling six (6) copies of contracts and execution of the contracts and review of contract related documents provided by the successful bidder. NOT-TO-EXCEED FEE CBBEL estimates the following fees for each of the tasks described above: Task 1 —Topographic Survey $5,000 Task 2 — Geotechnical Investigation $1,000 Task 3— Stormwater Permitting $6,500 Task 4—Wetland Permitting $3,500 Task 5 — Plans, Specifications and Estimates $13,000 Task 6 — Coordination Meetings with Village and/or Residents $1,200 Task 7— Bidding Assistance $500 Task 8 — Contract Administration Assistance $500 TOTAL (Not To Exceed) $31,200 We will bill you at the hourly rates specified on the attached Schedule of Charges and General Terms and Conditions. Direct costs for blueprints, photocopying, mailing, overnight delivery, messenger services and report compilation are included in the Not- to-Exceed Fee. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. It should be emphasized that any requested additional services that are not included in the preceding Fee will be billed at the attached hourly rates. LMF/nf/mv NAPROPOSALSMDMIM20141Buffalo Grove-WestofBordeauxCourt,011714 rev01272014.doc Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed If you have any questions, please feel free to contact us. Sincerely„ Christop . Burke„ h D st.M.ASCE President THIS PROPOSAL ACCEPTED FOR THE VILLAGE OF BUFFALO GROVE. BY: TITLE: DATE: t.MF(nfhnv NAPROPOSAi.S'h+UMINVf IMBuf alo Grotre-VV'ostof'A ofd� o�tijxCou,rp,01I714# revO1272014 doc ' Ordinance No. 2014-9: Ordinance Amending the Preliminary Plan to Allow the Addition of a Control Room 10-C Structure within the Existing Fenced Area at the Aptakisic Road ComEd Substation at 251 Aptakisic Road. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview ComEd has requested to amend the preliminary plan, originally approved by Ordinance 1988-90 and amended by Ordinance 1999-68, in order to allow construction of a substation control structure within the existing fenced area at the ComEd substation located at 251 Aptakisic Road. Photos of the proposed structure are attached. Following approval of the ordinance amending the plan, ComEd will be required to submit for and have approved permits prior to construction. Prior Actions Ordinance 1988-90 and Ordinance 1999-68 Anticipated Future Board Actions None. Attachments Ordiance amending the Preliminary Plan—ComEd substation_Aptakisic Rd.pdf Exhibit B_Photo of ComEd Control Structure_1-23-2014.pdf Exhibit C_ComEd Control Room oblique view -23-2014.pdf Exhibits D1&D2_ComEd Site Plan 1-22-2014.pdf Trustee Liaison Staff Contact Trustee Stein Brian P Sheehan, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, February 3, 2014 Consent Agenda: Ordinances and Resolutions - Item : 10-C 1/27/2014 ORDINANCE NO. 2014- AN ORDINANCE APPROVING AN AMENDMENT TO THE PRELIMINARY PLAN VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Commonwealth Edison Company Aptakisic Road Sub-station, TSS 109 South of Aptakisic Road, east of Buffalo Grove Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Commonwealth Edison Company (hereinafter referred to as "Owner"), is the Owner of the 27.67-acre property (hereinafter referred to as the "Property") described in EXHIBIT A attached hereto, which exhibit is made a part hereof, and which real estate is within the corporate limits of the Village; and, WHEREAS, the Property is zoned in the R-1 One-family Dwelling District with a Special Use for a public utility facility,pursuant to the annexation agreement dated October 3, 1988 approved by Ordinance No. 88-90 and amended by Ordinance No. 99-68; and, WHEREAS, Within Section 23.A. of said agreement provisions are made to allow the Owner to replace or add equipment within the existing fenced yard as a minor change to the Special Use authorization; and, WHEREAS, Owner requests approval of a minor change to the Preliminary Plan to add a substation control structure within the fenced yard pursuant to the following 1 exhibits: EXHIBIT A Legal Description. EXHIBIT B Photographs of similar control structure. EXHIBIT C Depiction of the proposed structure in its approximate location within the fenced yard. EXHIBIT D1 Plat marked as Issued for Construction with the date 8-15-2013. EXHIBIT D2 General plan marked as Issued for Permit with the date 1-2-2014. WHEREAS, the President and Village 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. 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 hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving the minor change to the Preliminary Plan to add a substation control structure within the fenced yard as depicted in Exhibits D1 & D2 attached hereto, subject to the following conditions: 2 A. Owner shall provide plans and elevations for the proposed substation control structure and plans for site improvements for Village review and approval. B. Owner shall remove any existing structures and equipment on the Property that are no longer in use in accordance with a schedule approved by the Village. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: , 2014. APPROVED: , 2014. ATTEST: APPROVED: Janet Sirabian Jeffrey S. Braiman Village Clerk Village President This document was prepared by: Mail to: Village Clerk Brian Sheehan, DBC/Operations Village of Buffalo Grove Village of Buffalo Grove 50 Raupp Boulevard 50 Raupp Boulevard Buffalo Grove, IL 60089 Buffalo Grove, IL 60089 3 EXHIBIT A Legal Description Commonwealth Edison Aptakisic Road Sub-station, TSS 109 251 Aptakisic Road Of that part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 43 North, Range 11, East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 47 minutes 30 seconds East, along the North line of said Northwest Quarter of the Northwest Quarter, 248.965 feet to the point of beginning; thence South 48 degrees 12 minutes 10 seconds East, 235.52 feet; thence South 41 degrees 47 minutes 50 seconds; West, 365.75 feet, to a point on the East line of the West 181.00 feet of said Northwest Quarter of the Northwest Quarter; thence South 0 degrees 01 minutes 17 seconds West, along said East line of the West 181.00 feet, to the Centerline of the Creek commonly known as Aptakisic Creek; thence in a Southeasterly direction along the centerline of said creek, to a point on the South line of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 43 minutes 05 seconds East, along said South line, to the Southeast corner of said Northwest Quarter of the Northwest quarter; thence North 0 degrees 04 minutes 25 seconds West, along the East line of said Northwest Quarter of the Northwest Quarter, 712.58 feet; thence North 48 degrees 12 minutes 10 seconds West, 916.40 feet, to a point on the North line of said Northwest Quarter of the Northwest Quarter; thence South 89 degrees 47 minutes 30 seconds West, along said North line, 388.54 feet to the point of beginning, and including any adjacent unincorporated highway, situated in Lake County, Illinois. PIN: 15-28-100-039 PIN: 15-28-100-003 4 d N. 1 i i���IINo _�,Jwa,sN Nk�t � Nw i� �J�/iir�q/✓� : �" H t � i� /anti � , Ok 1111��V11�'��rnR�l'r fl )II�,, r i J ua111 O ' �� � i�immoMiw�rvm�uim�uuuro� __ w oP� Systems Control, PO Box 788, Iron Mountain, MI 49801 •(906)774-0440 •www.systemscontrol.com This document is the property of Northern Star Industries,Iron Mountain,MI and contains confidential information. It is not to be shared with thirdparties or used in any way,directly or indirectly, that is detrimental to our interests. 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ETI�, f m. a a u I I I a y . r 211, I In 0. -------- �� � x i { " a � yy C r Y Oil ti 7 k r P�I p =j t 44 m. V '�"..' ..... ly �17 "7111,C�-�17"�lz—[,J��',�"—[—""7� I, � � NYT .mm..mm.............................�. LAII CIA III ' - xrr I .... _ .... ... .... ... .... I t ,,..�i _.._..�... . .....- �.. .... a 01 I � 1 . _ 4 tiF ....... ;.�.� 1 — ._ G w v F w i ... .e I4 T Az � 1 C — J ei I s "y 4 � I tI 1 Authorization to Engage the Professional Services of Ayres 10-D Associates for GIS Aerial Mapping .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $115,111 150.75.560.50 Overview Staff seeks to engage the professional services of information technology and aerial photography specialist Ayers Associates for the specific task of creating Planimetric data sets for use in our GIS system. Ayers Associates is the approved vendor of the GIS Consortium. The vector flyover will provide the Village with aerial photography and planimetric data at resolutions not possible through any other means. Planimetric data includes detailed geographical information on items such as; road center-lines, wetlands rivers, creeks, ponds, parks, forested areas, parking lots and other impervious surfaces. This project is consistent with the previously approved budget and 2014 Capital Improvement Program. Through the purchasing power of the GIS Consortium,the Village is able to obtain prices not otherwise available to the Village. Staff recommends authorization to purchase these services. Attachments Capital Improvement Plan_GIS_2014.pdf Buffalo Grove contract-2014 mapping.pdf Trustee Liaison Staff Contact Trustee Terson Brett Robinson, M.on.daY,............FebruarY.............3......, 2.0.1.4.........................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.D.......................................... GIS Consortium Category:Technology in pollj j Fund: Capital Projects - Facilities so ik Account Number: 150.75.560.50 Priority Score: 19 ... ooe...000>.... Initial Proposal Date: 2013 Project Coordinator: PW-Engineering Summary: Joining the GIS Consortium gave the Village of Buffalo Grove access to staffing and development tools through a cooperative, regional consortium. Savings over in- house staff are realized as the Village only pays partial staff salaries sized to fit our needs without bringing in our own set of employees. The expenditures laid out below are based on the Remote Access Service GIS Consortium Model which provides savings in hardware and software costs for the Village. For 2014, a vector flyover is being budgeted to increase accuracy of our base map data. Budget Impact: This project is funded through an internal) transfer from the General Fund's operating revenues. FY 2009 FY 2010 FY 2011 FY 2012 Estimated TOTAL Budgeted Amount FY 2013 $ 0 $ 0 $ 0 $ 0 $152,997 $152,997 Actual $ 0 $ 0 $ 0 $ 0 $152,997 $152,997 Expenditures Expense Category FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL Land Staffing/Engineering $128,846 $132,711 $136,693 $140,794 $145,017 $684,061 Vector Flyover/ Layer Development $115,111 $25,053 $29,943 $30,558 $31,475 $232,140 Equipment $14,447 $12,482 $11,082 $11,139 $11,011 $60,161 Contingency Sub-Total 1 $258,404 $170,247 $177,717 $182,490 $187,490 $976,362 Village of Buffalo Grove 215 2014 Adopted Budget AGREEMENT FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made between the Village of Buffalo Grove, Illinois (OWNER) and Ayres Associates Inc., 5201 E. Terrace Drive, Suite 200, Madison, WI 53718 (CONSULTANT). OWNER intends to retain the CONSULTANT to acquire aerial photography in the spring of 2014 and prepare planimetric mapping. OWNER and CONSULTANT agree to performance of professional services by CONSULTANT and payment for those services by OWNER as set forth below. ARTICLE 1 - BASIC SERVICES CONSULTANT shall provide professional services for OWNER on the Project to which this Agreement applies, including customary services incidental thereto, and as indicated in Attachment A. ARTICLE 2 -ADDITIONAL SERVICES If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services not included as part of Basic Services. These services will be paid for by OWNER as indicated in Article 5 and Attachment C. ARTICLE 3 - OWNER'S RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.1 Designate in writing a person to act as OWNER's representative. 3.2 Provide all criteria and full information as to OWNER's requirements. 3.3 Place at CONSULTANT's disposal all available pertinent information. ARTICLE 4 - PERIODS OF SERVICE The provisions of this Article 4 and the compensation for CONSULTANT's services have been agreed to in anticipation of the orderly and continuous progress of the Project. In Attachment B specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided; if such dates are exceeded through no fault of CONSULTANT, it shall not be considered a default of this agreement. GempeRSati„n nFevided heFe"R Shall be s NeGt to equitable adj stmeRt Page 1 of 11 ARTICLE 5 - PAYMENTS 5.1 Methods of Payments for Services and Expenses 5.1.1 OWNER shall pay CONSULTANT for Basic Services and Additional Services rendered (as amended and supplemented by Attachment A) in accordance with the State of Illinois Prompt Payment Act and Attachment C. 5.2 Times of Payments 5.2.1 CONSULTANT shall submit monthly invoices for Basic and Additional Services rendered. OWNER shall make payments in accordance with the State of Illinois Prompt Payment Act in response to CONSULTANT's invoices. 5.3 Other Provisions Concerning Payments 5.3.1 0 0 0 Payment shall be made pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et. seq.) 5.3.2 In the event of termination by OWNER, CONSULTANT will be reimbursed for all charges and services rendered. 5.3.3 Records pertinent to CONSULTANT's compensation will be kept in accordance with generally accepted accounting practices. 5.3.5 The amount of any excise, value-added, gross receipts, or sales taxes that may be imposed shall be added to the compensation as determined above. 5.4 Definitions 5.4.1 Direct Labor Costs used as basis for payment means salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged directly on the Project, but does not include indirect payroll related costs. ARTICLE 6 - GENERAL CONSIDERATIONS 6.1 Reuse of Documents Any reuse of the services and documents provided under this agreement for purposes not intended, will be at the owners sole risk. Page 2 of I I 6.2 Controlling Law This Agreement shall be governed under the laws of the State of Illinois. 6.3 Indemnification The CONSULTANT hereby indemnifies and holds the OWNER harmless for any and all costs, expenses, claims, lawsuits or liabilities incurred by OWNER that arise out of, or in connection with, the Contractor's negligent acts, errors or omissions that causes harm or damage to any person or property as a result of the professional photogrammetric services required to complete this project. 6.3 Copyright Assignment The CONSULTANT assigns copyright to the OWNER for all deliverable products produced under this contract. All deliverable products prepared by the CONSULTANT under this contract are the property of the OWNER. The CONSULTANT agrees that the products shall not be made available to nor used to prepare additional products for any individual or organization at any time without prior written approval by the OWNER. ARTICLE 7 - EXHIBITS AND SCHEDULES 7.1 The following Exhibits are attached to and made a part of this Agreement. 7.1.1 Attachment A - Scope of Services 7.1.2 Attachment B - Periods of Service 7.1.3 Attachment C - Compensation and Payments 7.1.4 Attachment D - Project Area Map 7.1.5 Attachment E - Planimetric features list. 7.2 This Agreement (consisting of pages 1 to 11, inclusive), together with the Exhibits and Schedules identified above, constitute the entire agreement between OWNER and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified or canceled by a duly executed written instrument. ARTICLE 8 -TERMINATION 8.1 Either party hereto may terminate this agreement without cause, upon written notice to the other party. Any fees earned prior to termination shall be paid to the Consultant pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et. seq.) Page 3of11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first written above. Village of Buffalo Grove, Illinois Ayres Associates Inc OWNER CONSULTANT (Signature) (Printed Name) Kirk Contrucci (Title) Vice President (Date) Page 4 of 11 ATTACHMENT A - SCOPE OF SERVICES Initials: Agreement dated OWNER CONSULTANT BASIC SERVICES 1.1 General 1.1.1 CONSULTANT shall provide professional services for OWNER as hereinafter provided. 1.2 Photogrammetric Services After written authorization to proceed, CONSULTANT shall: 1.2.1 Obtain aerial imagery of the Village of Buffalo Grove, IL in the spring of 2014 using a calibrated, digital photogrammetric camera. The minimum aerial photography coverage is represented by the map on Attachment D. All photography will be flown with 60 percent forward lap and 30 percent sidelap. 1.2.2 Establish ground control in and around the project area to support photogrammetric mapping. 1.2.3 Perform analytical aerotriangulation to support planimetric mapping to GIS Consortium (GISC) standards (1"=50' map scale features). 1.2.4 Perform new planimetric mapping for the project area shown on Attachment D and will include the standard GISC features as listed on Attachment E. 1.2.5 Topologically structure the planimetric data and deliver as ESRI (Environmental Systems Research Institute) geodatabase. 1.2.6 Deliverable products will include: • Digital planimetric mapping in ESRI geodatabase format • One copy of FGDC (Federal Geographic Data Committee) compliant metadata for all digital files in HTML and XML format. ADDITIONAL SERVICES 2.1 Services Requiring Authorization in Advance If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services as hereinafter provided. These services are not included as part of Basic Services and will be paid for by OWNER as indicated in Article 5 and Attachment C. Page 5of11 2.1.1 Services to investigate existing conditions or facilities or to verify the accuracy of information furnished by OWNER. 2.1.2 Services resulting from significant changes in the general scope, extent or character of the Project. 2.1.3 Furnishing services of independent professional associates and consultants for other than Basic Services. 2.1.4 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project. 2.1.5 Additional services in connection with the Project, including services which are to be furnished by OWNER, and services not otherwise provided for in this Agreement. OWNER'S RESPONSIBILITIES In addition to the OWNER's responsibilities listed in Article 3, OWNER shall do the following in a timely manner so as not to delay the services of CONSULTANT: 3.4 Furnish to CONSULTANT, as required for performance of CONSULTANT's Basic Services, the following, all of which CONSULTANT may use and rely upon in performing services under this Agreement. 3.5 Other special data or consultations not covered under BASIC SERVICES and ADDITIONAL SERVICES. 3.6 To the extent allowed by law, arrange for access to and make all provisions for CONSULTANT to enter upon public and pFivate pFepeFty as required for CONSULTANT to perform services under this Agreement. 3.7 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 3.8 Give prompt written notice to CONSULTANT whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of CONSULTANT's services. 3.9 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.10 Bear all costs incident to compliance with the requirements of Article 3, as amended and supplemented by Attachments A and C. Page 6 of 11 3.11 OWNER has designated the following representative to serve as the Quality Assurance/Quality Control for the project: Thomas Thomey; MGP, Inc.; 701 Lee Street; Suite 1020; Des Plaines, IL 60016; Phone: (847) 656-5698. CONSULTANT will deliver Preliminary Product to the above designee. 3.12 OWNER will provide CONSULTANT with accurate boundaries for the aerial photography coverage prior to aerial photo acquisition. The specific area for planimetric map compilation will be determined by OWNER by May 1, 2014 and the boundary will be provided to CONSULTANT in ESRI shapefile or geodatabase format. 3.13 Prior to commencement of mapping, OWNER will provide CONSULTANT with the most current ESRI Geodatabase which includes the existing Planimetric and Digital Terrain Model (DTM). The Geodatabase shall reflect the most current feature geometry and attribution. 3.14 OWNER must be able obtain the appropriate user agreements with Cook County, IL to obtain the existing County's existing LiDAR data and permit CONSULTANT to utilize the data for the ortho-rectification process. Page 7 of 11 ATTACHMENT B - PERIODS OF SERVICE Initials: Agreement dated OWNER CONSULTANT 4.1 Provisions of Article 4 are hereinafter amended and supplemented as follows: 4.2 The services called for in Attachment A- Scope of Services will be completed and submitted as follows: 4.2.1 Preliminary Product. CONSULTANT will deliver the preliminary products to OWNER by October 15, 2014, provided that the CONSULTANT receives the executed contract from OWNER by May 15, 2014. Delay in contract execution beyond this date will result in equivalent delay for delivery of mapping to OWNER. 4.2.2 Quality Assurance /Quality Control Review. OWNER, or the designee as stated in paragraph 3.11 Attachment A, will review the Preliminary Mapping Product and compile suggestions for modification and adjustment and submit review to CONSULTANT within 15 calendar days of receipt of Preliminary Mapping Product. 4.2.3 Final Deliverable. CONSULTANT will make final delivery of the Mapping Products (all deliverables)within 15 calendar days of receipt of the QA/QC Review from OWNER, or the designee as stated in paragraph 3.11 Attachment A. 4.3 CONSULTANT's services under this Agreement shall be considered complete on at the eapl; ef 4-)the date when the submissions have been accepted by OWNER. ^r(2) +hipty days 4.4 If OWNER has requested significant modifications or changes in the general scope, extent or character of the Project, the time of performance of CONSULTANT's services shall be adjusted equitably. 4.5 If CONSULTANT's services for the Project are delayed or suspended in whole or in part by OWNER for more than three months for reasons beyond CONSULTANT's control, CONSULTANT shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. Page 8 of 11 ATTACHMENT C - COMPENSATION AND PAYMENTS Initials: Agreement dated OWNER CONSULTANT 5.1 Methods of Payments for Services and Expenses 5.1.1 Basic Services. OWNER shall pay CONSULTANT for Basic Services rendered as follows: 5.1.1.1 For services outlined above, OWNER shall pay CONSULTANT a lump sum fee of$115,111.00. 5.1.2 Additional Services. OWNER shall pay CONSULTANT for Additional Services rendered as follows: 5.1.2.1 General. For Additional Services of CONSULTANT's principals and employees engaged directly on the Project and rendered pursuant to paragraph 2.1 on the basis of CONSULTANT's Direct Labor Costs times a factor of 2.8. 5.1.2.3 Serving as a Witness. For services rendered by CONSULTANT's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceedings in accordance with paragraph 2.1.4, at the rate of$1,000.00 per day or any portion thereof. 5.1.4 The terms "Direct Labor Costs" has the meaning assigned to the term in Article 5.4. Page 9 of I I Attachment D — Project Area Map pr EiR� ,1. III I I'� �of ppotp `t � t i Ali i � d t'a' r r, iPi l a i o i i i v w ui r t t Page 10 of 11 Attachment E - Planimetric Features List FsalureC I ass, S ub-T_)Te FeatureC I ass 9 Li b-T_)M e Ralb-POLY J,nk ran r su,,fi I'd 1 71rLPO Dr PRvk_Asa-POL:V U,nk Mon r 0 u rb-UN E J,nk myo m Rzwayl Read R3ck Flpr Dixk Fark rq Ea:k Radred-LINE J,nk ran r Read Fr-rl Abandcrad Park rq F P:r% Opicraling D maQuaA y_F,,CL Y R;crs39=,3A-ke3l-Fl3V( J,nk ran r Ul nk mm m Fub,lir Park Pad S,Iobslrurtky PrIvzte Park Ful:l Ote xtomi Golfccurse Ul mder Cccsl rx!on lIvid:b;r-wl.? For--i F r--i rqi D rwimay2OLY U nk my m Rm read u-SLbArs.721OLY J*nmn Fav-d Go If GF-em J,m paw ed Go If Tee OIL S 0751 OU'r-lit_2 E Ul kriam m E 3 s eball F a Id 11 mdex D R p F,5B I Tc m m is Co u m ricrrEdige(Le pr,=sBion Fc�btl Flpd 11 mdex Sj+xs r F I Id rierrisd'st 2 aSk�Ins I I cou q 31 ;N,7,tbn-FCll NT Flayligrond OIL I Td1 Had rea uma UGNI Skz�E Rcad-,Cer9erIr,--LNE J,nk nwo r OIL D PA-M ris Fo rl-F,,D N T F3v-d Hyd,r&jk_INE Ul nk mm m Ulr,,,pev-d Fond ErlI P.Inter Road-TaY J,nk roar S,l rRe ni F3v-d R,—aN jl:r Unpeved Lake ErlI WEI b,n,J Shoul,:L=r Hyd,r&g�_POLY Ul nk mm m Rs 1 mad C rm 5 rjg Pond Std�wik-p,,CLY U,nk ron r P.Iv s r Pavgd Sl F22 ni ulnpevsd, REENcir E r dg� Like TunmL�JOLY Welland Ufipav-tATaa_Fae J*noeon IdEdan-POLY U nk mv m L a,m df 11::1 Read Pawed Cuary Read U m pavied WaA-UNE J,nk ron r Id Y UIvidunE Ul nk mm, m Fre-mlarding Fav-d Page 11 of 11 Resolution No. 2014-8: Resolution Approving an Agreement for Professional Engineering Services for Floodplain/Floodway Hydraulic Modeling,Wetland 11-A Investigation, Preliminary Soils Investigation and Buildable Area- Buffalo Grove Golf Course .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $79,000 100.70.580.05 Overview As part of the Village's consideration of a proposal by CRM Properties or other entities to develop the Buffalo Grove Golf Course into a mixed use district, it is necessary to assess the floodplain characteristics, conduct hydraulic modeling, wetland and soils investigation and develop a buildable area plan for the site. There are two waterways running through the Golf Course, and the current Master Plan Designs do not show the relocated waterways. The purpose of this study is to develop concept level alternatives to accommodate the waterways into development plans and provide a detailed outline of the expected permitting requirements and timeline. Please refer to the attached agreement for a complete understanding of the assignment. Staff recommends approval of the resolution and execution of the Agreement with Christopher B. Burke Engineering Ltd. (CBBEL) for Professional Engineering Services for Downtown Development Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable Area Analysis. The results of the study will determine project feasibility and could further refine the project master plan if the project advances. The timeline for the study is approximately 160 days. It should be noted that the information obtained from this study is applicable to the golf course property generally and may be used for development purposes other than the proposed downtown project, should the Board choose to pursue other options. Attachments Res 14-4.pdf Proposal.pdf Testing Sery Corp.pdf Trustee Liaison Staff Contact Trustee Stein Darren Monico, M.o�n.d�aY,............Feb�r�uarY .............3......2.0.1.4.........................................................................................................Ordinances ...and ...Resolutions ..._...Item ....�....1..1.._A............................................................ RESOLUTION NO. 2014— A RESOLUTION APPROVING AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DOWNTOWN DEVELOPMENT FLOODPLAIN/FLOODWAY HYDRAULIC MODELING,WETLAND INVESTIGATION, PRELIMINARY SOILS INVESTIGATION AND BUILDABLE AREA— BUFFALO GROVE GOLF COURSE WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE desire to cause the implementation of the Downtown Development Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable Area — Buffalo Grove Golf Course, and WHEREAS, the approval of an agreement with a consulting engineer is required in order to proceed with the necessary engineering of the project. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby authorized and directed to execute the "Professional Engineering Services Agreement'. A copy of said contract is attached hereto and made a part hereof. AYES: NAYES: ABSENT: PASSED: 12014 APPROVED: , 2014 APPROVED: Village President ATTEST: Village Clerk Res 14-4 uni CHRISTOPHER B. BURKE ENGINEERING,LTD. 9575 West Higgins Road Suite 600 Rosemont,Illinois 60018 TEL(847)823-0500 FAX(847)823-0520 May 29, 2013 Revised December 20, 2013 Village of Buffalo Grove Public Works Department 51 Raupp Boulevard Buffalo Grove, IL 60089 Attention: Mr. Darren Monico, PE Village Engineer Subject: Proposal for Professional Engineering Services for Downtown Development Floodplain/Floodway Hydraulic Modeling, Wetland Investigation, Preliminary Soils Investigation and Buildable Area Analysis Dear Mr. Monico: In response to your request, Christopher B. Burke Engineering Ltd. (CBBEL) is submitting this Proposal for Professional Engineering Services for the Downtown Development Buildable Area Analysis. The screening level analysis will focus on the floodplain, floodway and wetland constraints that may impact the useable area for the site. A detailed traffic analysis will not be included as part of this study. Included below is our Understanding of the Assignment, Scope of Services, and Not-To-Exceed Fee. UNDERSTANDING OF THE ASSIGNMENT We understand that the Village of Buffalo Grove is interested in developing a portion of the Village owned Buffalo Grove Golf Course into a commercial district as depicted in the Master Plan Designs, dated August 2012 prepared by CRM Properties Group, Ltd. There are two waterways running through the Golf Course, and the current Master Plan Designs do not show the relocated waterways. The purpose of this study is to develop concept level alternatives to accommodate the waterways into the development and provide a detailed outline of the expected permitting requirements and timeline. As shown on the effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) for Cook County and Lake Counties, IL the development area contains mapped regulatory floodplain and floodway associated with Buffalo Creek and Farrington Ditch. There are also likely wetlands/Waters of the US associated with the waterways. The waterways will have to be accommodated within the development plan in accordance with the applicable regulatory agencies regulations. Based on our past experience, waterway relocations of this scope can involve significant regulatory permitting. CBBEL will perform a concept level analysis and develop recommendations to accommodate the waterways within the development plan in accordance with Lake County Watershed Development Ordinance (WDO), Metropolitan Water Reclamation District of Greater Chicago (MWRDGC), Illinois Department of Natural Resources — Office of Water Resources (IDNR-OWR), FEMA, the U.S. Army Corps of Engineers (USCOE), the Illinois Environmental Protection Agency (IEPA) and Illinois Department of Transportation (IDOT) regulations. The analysis will include documentation of the existing flood plain/floodway and wetlands located on the site, preliminary sizing of the relocated waterway, quantification of floodplain and floodway fill, wetland impacts and stormwater detention/water quality requirements. We will evaluate two alternatives, and it is our understanding that each alternative will include a small creek through the center of the site with an overflow channel around the east or west side of the site. Both alternatives will seek to maximize the useable frontage along Lake Cook Road. We will utilize our subconsultants, Testing Services Corporation (TSC) and Spaceco, Inc. to complete preliminary soil borings for the site and a useable space analysis. The results will be summarized in a report which will also outline the concept level buildable area, permitting requirements, revised cost estimate and expected permitting timeline for the project. SCOPE OF SERVICES Based on our Understanding of Assignment, CBBEL proposes to provide the following Scope of Services: Task 1 — Field Reconnaissance and Resource Review: CBBEL staff will complete a field reconnaissance of the site to develop a better contextual understanding of the site and its environs. Additionally, CBBEL staff will review available mapping resources and reports. An exhibit will be prepared delineating the approximate limits of "waters of the United States", wetlands and wetland/waters buffer on an aerial photograph. This information can also be overlaid on the proposed site development plan. The results of the field reconnaissance and resource review will be summarized in the overall project report. Task 2 — Concept Plan for Creek Relocation Alternatives: CBBEL will prepare concept sketches of the creek relocation options and present these to the Village and developer for review prior to proceeding with the hydraulic modeling of the alternatives. We will meet with the Village and developer to discuss the concepts and modify them as necessary to meet the desires for the project site while following applicable regulatory requirements. Task 3 — Development of Creek Relocation Alternatives: The primary constraints on the site are the waterways that bisect the property. Based on the results of Tasks 1 and 2, CBBEL will develop two concept level alternatives to relocate the waterway in a way that will accommodate the development plan and meet the regulatory permitting requirements. The alternatives will include waterway re-alignment plans, typical channel cross-sections, quantification of flood plain/floodway fill, sizing and layout of compensatory storage locations, quantification of wetland impacts and preliminary sizing of the stormwater detention for the project. Preliminary hydraulic modeling will be performed to establish the preliminary sizing of the relocated waterway channels and floodway boundaries. Page 2 of 5 Task 4 — Conceptual Buildable Space Analysis and Cost Estimate: Using the wetland, floodplain and floodway information from the previous tasks, an analysis of the buildable space on the property will be completed for each alternative. A preliminary grading plan and an engineer's estimate of probable cost will also be prepared for the earthwork associated with each alternative. Several assumptions will be required to complete this analysis, and these assumptions will be documented in the summary report. An exhibit will be prepared showing the approximate net buildable area given the various site constraints. Task 5 — Meetings with Regulatory Agencies: During the development of the alternatives, CBBEL will meet with IDNR-OWR, USACE and Lake County Stormwater Management Commission (SMC) to discuss the regulatory permitting requirements. The results of the meetings will be incorporated into the plans and summary report. Task 6 — Waters of the United States Wetland and Buffer Permittin Summar : Based on the findings of the previous and an evaluation of local and federal regulations a discussion will be prepared describing various permitting scenarios that could result depending on the level of wetland/waters impacts proposed. This discussion will summarize Federal Clean Water Act/USACE permitting and WDO permitting requirements. The summary will also discuss wetland and waters mitigation requirements and costs associated with mitigation. Task 7 — Preliminary Soil Borings: Given the large amount of earthwork associated with this project, it will be critical to know the type of soil on the site. Poor soils certain portions of the site can add millions of dollars to the project while good soils may allow for considerable cost savings during mass grading process. We will work with our subcontractor, Testing Service Corporation (TSC) to complete 35 borings of the site to get a general cross-section of the site. The majority of the soil borings will be 15 feet deep, with a few that are 25 feet deep. Additional borings that will be required for final design purposes are not included as part of this scope of services. The TSC proposal is attached to this proposal. Task 8 — Summary Report: A summary report with associated exhibits will be prepared summarizing the screening level analysis, engineer's recommendation of buildable area and permitting requirements. It is anticipated that the summary report will be provided to the Village and developer for guidance on potential floodplain, wetland and stormwater management strategies for the site as well as the regulatory permits required. Task 9 — Proiect Coordination Meetings: If requested, CBBEL staff is available to attend meetings to discuss our findings. We have assumed two meetings will be required; any additional meetings will be billed on a time and materials basis. Page 3 of 5 ESTIMATED TIMELINE Task Description..._................._...._......_._...._.........__. Completion p tion Date* _ __Fi I.d .R.e......c....o...n.. n..a...is...sa.......n. c...e....... andR.e.... ..o.._u-r"c........e... Revew1 � 2�/�21/14 2 Concept Phan for Creek Relocation Alternatives � 3/7/14._.............. . 3 Development of Creek Relocation Alternatives 4/25/14 _._4..... Conceptual Buildable Space Anal�......_._._—��� p p Analysis 5/9/14 ..5 mm...... Meetings � ......._._ �. with Regulatory Agencies 5/24/14 6 Waters of the United States, Wetland and Buffer Permitting Summary 5/24/14 Preliminary Soil Borings 3/7/14 8 Summary Report www.. w.. . .._.. 5/30/14 9 Project Coordination Meetings 5/30/14 *Assuming a start date of January 3._._._.... .. NOT-TO-EXCEED FEE CBBEL proposes to provide the proposed engineering services defined under the Scope of Services for the amounts as indicated below. Task Descri tion Fee 1 Field Reconnaissance and Resource Review $ 2,500 2 Concept Plan for Creek Relocation Alternatives 3 Development of Creek Relocation Alterna tives $22,000 _.._ 4 ..... Conceptual Buildable ace...Analysis � ._ _._.._..........�... �m... .... Sp.. . Anal sis and Cost Estimate $13 500 w-..W........._......._.... . ........._..... .��. ......... 5 Meetings with Regulatory Agencies $ 4,500 6 Waters of the United States, Wetland and Buffer Permitting Summary $ 2,500 . . ry g 7 PreliminaWW W µµSoil BorinW s _....... _mm IT $23,800 8 Summary Report $ 6,000 9 Project Coordination Meetings 2 600 TOTAL(NOT-TO-EXCEEDS $79,00 The deliverables for this project will include: • Preliminary Soil Boring Report • Waters of the United States, Wetland and Buffer Permitting Summary • Summary Report consisting of: o Floodplain and Floodway Analysis with associated exhibits o Stormwater Analysis o Preliminary Grading Plans with Revised Earthwork Cost Estimates o Engineer's Recommendation of Conceptual Buildable Area based on Floodplain, Floodway, Stormwater and Wetland Analysis Please note this scope of services does not include preliminary engineering or permit submittals that will be required by the various agencies. These items will be covered under a subsequent scope of services. Page 4 of 5 We will bill you at the hourly rates specified on the attached Schedule of Charges and establish our contract in accordance with the attached General Terms and Conditions. Direct costs for blueprints, photocopying, mailing, mileage, overnight delivery, permit fees, data collection fees, messenger services and report compilation are included in the Not-To-Exceed fee. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. It should be emphasized that any requested meetings or additional services are not included in the preceding fee estimate and will be billed at the attached hourly rates. Please sign and return one copy of this agreement as an indication of acceptance and notice to proceed. Please feel free to contact us anytime. Sincerely, Christopher B. Burke,Ah , , F.ASCE President Encl.: Schedule of Charges General Terms and Conditions THIS PROPOSAL, SCHEDULE OF CHARGES AND GENERAL TERMS AND CONDITIONS ACCEPTED FOR THE VILLAGE OF BUFFALO GROVE BY: TITLE: DATE: DT0/sll MPROPOSALSWDMIM2013\Buffalo Grove Downtown ReDevelopment P13000351BuffaloGrove_Downtown DevelopmenLrev12202013,dou Page 5 of 5 CHRISTOPHER B. BURKE ENGINEERING, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES JANUARY, 2013 Charges* Personnel /Hr Principal 240 Engineer VI 210 Engineer V 173 Engineer IV 138 Engineer III 125 Engineer 1/11 102 Survey V 178 Survey IV 134 Survey III 130 Survey II 100 Survey 1 78 Resource Planner V 112 Resource Planner IV 108 Resource Planner III 100 Resource Planner 1/11 88 Engineering Technician V 150 Engineering Technician IV 137 Engineering Technician III 112 Engineering Technician 1/11 97 CAD Manager 138 Assistant CAD Manager 126 CAD 11 125 CAD 1 98 GIS Specialist 111 120 GIS Specialist 1/11 67 Landscape Architect 138 Environmental Resource Specialist V 160 Environmental Resource Specialist IV 134 Environmental Resource Specialist III 114 Environmental Resource Specialist 1/11 94 Environmental Resource Technician 90 Administrative 88 Engineering Intern 53 Survey Intern 53 Information Technician III 100 Information Technician 1/11 67 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12% *Charges include overhead and profit Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2013. CHRISTOPHER B. BURKE ENGINEERING, LTD. GENERAL TERMS AND CONDITIONS 1. Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd. (Engineer) shall serve as Client's professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Engineer. Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion. 2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project,the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction,or the safety,safety precautions or programs of the Client,the construction contractor,other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client,any architect,engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents,this Agreement or any other agreement concerning the Project. Any provision which purport's to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 3. Changes: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services Order)require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the 1 resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension,when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 6. Documents Delivered to Client: Drawings,specifications, reports,and any other Project Documents prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form,are instruments of professional service intended for one-time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. When and if record drawings are to be provided by the Engineer,Client understands that information used in the preparation of record drawings is provided by others and Engineer is not responsible for accuracy, completeness, nor sufficiency of such information. Client also understands that the level of detail illustrated by record drawings will generally be the same as the level of detail illustrated by the design drawing used for project construction. If additional detail is requested by the Client to be included on the record drawings, then the Client understands and agrees that the Engineer will be due additional compensation for additional services. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered,whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes/disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted,the Client agrees to assume all risks associated therewith and,to the fullest 2 extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law,to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses,damages,and costs, including but not limited to attorney's fees,arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies,without limitation,to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. 7. Reuse of Documents: All Project Documents including but not limited to reports, opinions of probable costs,drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims,damages,losses,and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall have the right to include representations of the design of the Project, including photographs of the exterior and interior,among the Engineer's promotional and professional materials. The Engineer's materials shall not include the Client's confidential and proprietary information if the Client has previously advised the Engineer in writing of the specific information considered by the Client to be confidential and proprietary. 8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. 9. Compliance With Laws: The Engineer will strive to exercise usual and customary professional care in his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations(ADA),Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA,Client agrees to waive any action against Engineer,and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. 3 Further to the law and code compliance, the Client understands that the Engineer will strive to provide designs in accordance with the prevailing Standards of Practice as previously set forth, but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes comment, request changes and/or additions to such designs. In the event such design requests are made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or other similar document as published by the reviewing agency, then such design changes (at substantial variance from the intended design developed by the Engineer), if effected and incorporated into the project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for accordingly. 10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract fee(for services)from loss or expense,including reasonable attorney's fees for claims for personal injury(including death)or property damage to the extent caused by the sole negligent act, error or omission of Engineer. Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, including reasonable attorney's fees,for claims for personal injuries(including death)or property damage arising out of the sole negligent act,error omission of Client. In the event of joint or concurrent negligence of Engineer and Client,each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties),which caused the personal injury or property damage. Engineer shall not be liable for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature,whether based on contract,tort, negligence,strict liability or otherwise, by reasons of the services rendered under this Agreement. 11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his/her opinions of probable Project Construction Cost provided for herein are to be made on the basis of his/her experience and qualifications and represent his/her judgement as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and construed in accordance with Articles previously set forth by(Item 9 of)this Agreement, together with the laws of the State of Illinois. 4 Any claim, dispute or other matter in question arising out of or related to this Agreement, which can not be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The Client and Engineer shall endeavor to resolve claims,disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null,void &without effect to the extent they conflict with the terms of this Agreement. 16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement". 5 17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used,such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes,walkouts,fires, natural calamities,or demands or requirements of governmental agencies. 19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be approved by Client in writing. 20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law,the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses,damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but are not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 6 24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for and about the Project, including a program which shall set forth the Client's objectives, schedule, constraints, criteria, special equipment, systems and site requirements. The Client agrees to furnish and pay for all legal,accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services which the Client may require to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor has used the money paid by or on behalf of the Client. The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless,and defend the Engineer, its consultants,and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"), including but not limited to costs of defense, arising in whole or in part out of the negligence of the Contractor, its subcontractors,the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports,surveys,change orders,designs,or specifications,and the giving of or failure to give directions by the Engineer,its consultants,and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client also agrees to require the Contractor to provide to the Engineer the required certificate of insurance. The Client further agrees to require the Contractor to name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages,shall be primary and noncontributing with any insurance maintained by the Engineer or its agents and consultants,and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor,the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s)shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are 7 specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation,and the Client shall make the final decision regarding insurance requirements. 25. Information Provided by Others: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors,and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 26. Payment: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty(30)days of its receipt. The client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly and as follows: Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgement or settlement sums due, reasonable attorneys'fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action,computed at the Engineer's prevailing fee schedule and expense policies. Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4 of) this Agreement. 27. When construction observation tasks are part of the service to be performed by the Engineer under this Agreement, the Client will include the following clause in the construction contract documents and Client agrees not to modify or delete it: 8 Kotecki Waiver. Contractor(and any subcontractor into whose subcontract this clause is incorporated)agrees to assume the entire liability for all personal injury claims suffered by its own employees, including without limitation claims under the Illinois Structural Work Act, asserted by persons allegedly injured on the Project; waives any limitation of liability defense based upon the Worker's Compensation Act, court interpretations of said Act or otherwise; and to the fullest extent permitted by law, agrees to indemnify and hold harmless and defend Owner and Engineer and their agents, employees and consultants (the "Indemnitees") from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, that the Indemnitees may sustain as a result of such claims,except to the extent that Illinois law prohibits indemnity for the Indemnitees'own negligence. The Owner and Engineer are designated and recognized as explicit third party beneficiaries of the Kotecki Waiver within the general contract and all subcontracts entered into in furtherance of the general contract. 28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither have control over or charge of, nor be responsible for,the construction means,methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work since they are solely the Contractor's rights and responsibilities.The Client agrees that the Contractor shall supervise and direct the work efficiently with his/her best skill and attention; and that the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract with the Contractor.The Client further agrees that the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work; and that the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the subject site and all other persons who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor or the work of any subcontractor on the project. When construction observation services are included in the Scope of Services, the Engineer shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. If the Client desires more extensive project observation, the Client shall request that such services be provided by the Engineer as Additional and Supplemental Construction Observation Services in accordance with the terms of this Agreement. The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. The Engineer does not guarantee the performance of the 9 Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. When municipal review services are included in the Scope of Services, the Engineer (acting on behalf of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for any damage that may accrue to persons or property by reason of any act or omission in the discharge of its duties.Any suit brought against the Engineer which involve the acts or omissions performed by it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or would be, available to the Client. 29. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will contractually require the Contractor to defend and indemnify the Engineer and/or any subconsultants from any claims arising from the Work.The Engineer and the Client further understand and agree that the Client will contractually require the Contractor to procure commercial general liability insurance naming the Engineer as an additional named insured with respect to the work. The Contractor shall provide to the Client certificates of insurance evidencing that the contractually required insurance coverage has been procured. However,the Contractor's failure to provide the Client with the requisite certificates of insurance shall not constitute a waiver of this provision by the Engineer. The Client and Engineer waive all rights against each other and against the Contractor and consultants, agents and employees of each of them for damages to the extent covered by property insurance during construction. The Client and Engineer each shall require similar waivers from the Contractor,consultants,agents and persons or entities awarded separate contracts administered under the Client's own forces. 30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the Engineer and Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site, including but not limited to mold/mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic/hazardous/pollutant type substances. Furthermore, Client understands that the presence of mold/mildew and the like are results of prolonged or repeated exposure to moisture and the lack of corrective action. Client also understands that corrective action is a operation, maintenance and repair activity for which the Engineer is not responsible. June 13, 2005 PAProposals\Terms and Conditions\GT&C 2005.061305.doc 10 (Emil TESTING SERVICE CORPORATION Local Office Local Office: May 28, 2013 457 E.Gundersen Drive,Carol Stream,IL 60188-2492 630.653.3920 • Fax 630.653.2726 Coipoiwte Office: Mr. Daniel Stevens 360 S,Main Place,Carol Stream,IL 60188-2404 Spaceco, Inc. 630.462.2600 • Fax630.653.2988 9575 W. Higgins Road, Suite 700 Rosemont, Illinois 60018 RE: P.N. 51,023 Geotechnical Exploration Mixed-Use Development Buffalo Grove Golf Club Lake Cook Road Buffalo Grove, Illinois Dear Mr. Stevens: Testing Service Corporation (TSC) is pleased to submit this proposal to provide Geotechnical Engineering Services for the above captioned project. It responds to your email dated May 28, 2013 and related telephone conversation. The objectives of the Geotechnical Study are to explore subsurface conditions and provide preliminary recommendations for foundation, floor slab and pavement design in connection with the proposed mixed-use development. Project Description: Our understanding of the existing site conditions and proposed construction are as follow: • A mixed-use development is being proposed to create a central business (downtown) district in the Village of Buffalo Grove. It encompasses the eastern half of Buffalo Grove Golf Club as well as the adjoining Village Campus. These properties lie north of Lake Cook Road near its intersection with Raupp Boulevard. • The 65-acre mixed-use development is to contain a new municipal campus, retail stores, upper-story residences as well as condominium towers. Public gathering places, cultural amenities and ancillary site improvements are also planned. • The golf club currently encompasses approximately 130 acres. Buffalo Creek and a tributary bisect the property, along which several ponds are located. The site is otherwise fairly open with trees bordering most of the fairways. It is understood that compensatory storage for the proposed development will likely have to be provided on the western half of the golf course. If the location or type of the proposed structure(s) are changed, TSC should be promptly contacted to determine the relevance of our proposed boring program to the new project configuration. Pi'ovidbig a Fult Raiige of GeoteCJiided Euglueei'big,Eiii hwinieital Sei,vices, arid C'oustrrietio►i Aloterifds Biigh,reeitiug& Testing Sp aceco Inc. P.N. 51,023 - May 28, 2013 Boring Program: As indicated on the boring exhibit prepared by Spaceco, we are proposing to drill thirty-five (35) soil borings as part of our Geotechnical Exploration. The majority of these will be extended to 15 feet below existing grade, with a few to be made up to 25 feet deep. Total drilling footage on this basis is estimated to be about 600 lineal feet. The borings are to be performed on a golf course which is currently being played. It is assumed that the majority of them will be located between or along the sides of the fairways. No borings will be drilled on or around the greens and tee boxes. They should otherwise not be located in standing water, within wooded or landscaped areas, or on steeply sloping ground. All field work will be coordinated with the golf course superintendent and his staff. TSC will utilize personnel who are trained in layout procedures to stake the borings in the field. It is assumed that a topographic survey will be provided of the site from which ground surface elevations at the boring locations can be interpolated. Utility clearance for the borings will be obtained by contacting JULIE (Joint Utility Locating Information for Excavators). Secondary and/or private underground utility lines will have to be marked by the property owner or their agents, to include irrigation and drainage lines for the golf course. Soil samples will primarily be obtained by split-spoon methods, with thin-walled tubes to also be taken if conditions dictate. Sampling will be performed at 2%-foot intervals for at least the first 15 feet and not exceed 5-foot intervals below this level. A representative portion of the split-spoon samples will be placed in a glass jar with screw-type lid for transportation to our laboratory. Groundwater observations will also be made during and following completion of drilling operations, with the boreholes to be backfilled immediately for public safety. In accordance with the International Building Code (IBC), the Site Class for seismic design is based on average soil properties in the top 100 feet. Where IBC 2006 or later has been enacted, Site Class D shall be used unless site specific soils information is available. To determine whether Site Class C is a possibility, it would be necessary to extend at least one (1) of the borings to 100' in depth (or rock if encountered shallower), or alternatively to measure soil shear wave velocity using the SeisOpt ReMi method. A price for SeisOpt ReMi testing is included in our Cost Estimate, to be added to our budget if approved. Laboratory Testing: Samples obtained from the borings will be examined by experienced laboratory personnel in order to verify field descriptions as well as to visually classify in accordance with the Unified Soil Classification System. Laboratory testing will include moisture content and dry unit weight determinations as well as measurements of unconfined compressive strength by direct or indirect methods, as appropriate. Other tests deemed to be necessary by TSC's Project Engineer may also be recommended for your approval. Engineering Report: Upon completion of drilling and testing, you will receive an engineering report summarizing field and laboratory test data, including a boring location plan and computer generated boring logs. The report will address anticipated soil and groundwater conditions impacting site development, based upon the information obtained from the borings. It will also provide preliminary recommendations to guide 2 I Spaceco, Inc. P.N. 51,023 - May 28, 2013 design and specification preparation pertaining to geotechnical issues relevant to the structure or purpose described in this proposal. These may include the following: • General earthwork and construction considerations. • Remedial work and/or treatment of unsuitable soil types. • Fill placement and compaction requirements for foundations, floor slabs and pavements. • Foundation type, capacity and depth/elevation. • Protective measures required for frost action. Fees and Scope; In accordance with the Cost Estimate attached, TSC is proposing a not-to-exceed budget amount of Twenty-Three Thousand Eight Hundred Dollars ($23,800.00) to provide the Geotechnical Exploration outlined above. Our proposal is based on the understanding that: the borings will be accessible to a conventional truck or All-Terrain Vehicle (ATV) mounted drill; none of the borings will be located in standing water; and that the work can be performed during standard business hours. Our fee is further subject to this proposal being accepted by you on or before June 30, 2013. The Illinois Department of labor (IDOL.) has taken the position that Core Drilling/Soil Testing is a covered activity under the Illinois Prevailing Wage Act (IPWA). TSC must be notified if this project is to be funded in part or total by state or local government sources, for which it would be subject to IPWA requirements. The unit prices provided in the attached fee schedule are meant to comply with the IPWA. Should the study reveal unexpected subsurface conditions requiring a change in the scope of work, you will be contacted before we proceed with additional work. Our invoice would then based on the unit rates given in the attached Cost Estimate or as otherwise agreed upon. While our quoted fee does not include earthwork, fill compaction or foundation observations during the construction phase, the project budget should include a provision for these services. Plan review, preconstruction meetings and/or other consulting and professional services that are provided subsequent to delivery of TSC's report would be covered by separate invoice. TSC's geotechnical exploration does not include services to evaluate the likelihood of the site being contaminated by hazardous materials or other pollutants. Analytical testing which would be required in connection with IEPA Form LPC-663, Uncontaminated Soil Certification is also not included. Should an environmental investigation and/or analytical testing be desired, please contact the undersigned for additional details and/or associated costs. Closure; The Geotechnical Engineering Services being performed are subject to TSC's attached General Conditions. Unless stated otherwise, TSC fees include all state and federal taxes that may be required. However, they do not include any license, permit or bond fees that local governments may impose. The local fees, if any, will be added to the invoice. Unless we receive written instructions to the contrary, invoices will be sent to: 3 Spaceco, Inc. P.N. 51,023 - May 28, 2013 Mr. Daniel Stevens Spaceco, Inc. 9675 W. Higgins Road, Suite 700 Rosemont, Illinois 60018 Telephone: (847) 696-4060 Email: dstev msf,-'spareco. orn If this proposal meets with your approval, please confirm acceptance by signing one copy and returning it to our Carol Stream, Illinois office. It would also be helpful if you could complete the attached Project Data form, i.e. indicate who is to receive copies of TSC's report and other related information. Your consideration of our proposal is appreciated. We look forward to being of service to you on this project. Respectfully submitted, TESTING SERVICE CORPORATION A M' hael V achalinski,J �. ice Pr ident Enc: Cost Estimate General Conditions Project Data Sheet Approved and accepted for by: (NAME) (TITLE) (DATE) i 4 Spaceco, Inc. P.N. 51,023 - May 28, 2013 COST ESTIMATE Geotechnical Exploration Mix-Use Development Buffalo Grove Golf Club Lake Cook Road Buffalo grove, Illinois P.N. 51,023 ITEM UNITS QTY RATE COST STAKING AND UTILITY CLEARANCE Layout Person to Mark Boring Locations, Obtain Surface 1.1 Elevations and/or Arrange for Clearance of Underground Hour 9.0 110.00 $ 990.00 Utilities 1.2 Permits, Bonds and Other Direct Charges Coot + 0 0.00 $ 0.00 /o 10 DRILLING AND SAMPLING MOBILIZATION AND DEMOBILIZATION OF DRILL RIG AND CREW 2.1 Drill Mounted on Truck Each 0 500.00 $ 0.00 2.2 Drill Mounted on All-Terrain Vehicle Each 1 750.00 $ 750.00 ADVANCE BOREHOLES BY SOLID/HOLLOWSTEM AUGER OR ROTARY WASH METHODS 2.3 0-30 Foot Depth Foot 600.0 15.00 $ 9,000,00 2.4 30-60 Foot Depth foot 0.0 20.00 $ 0.00 2.5 60- 100 Foot Depth Foot 0.0 27.50 $ 0.00 2.6 Surcharge for Hard Drilling (N z 50 bpf) Foot 0.0 5.00 $ 0.00 2.7 Surcharge for Use of ATV Drill Rig(Soft/Wet Ground) Foot NC 5.00 $ 0.00 2.8 Auger Refusal Above Planned Boring Depth Each 0 150.00 $ 0.00 SOIL SAMPLING 2.9 Split-Spoon Procedure/0-60' Each 225 20.00 $ 4,500.00 2.10 Split-Spoon Procedure/60- 100' Each 0 30.00 $ 0.00 2A 1 Thin-Walled Tube Procedure Each 0 40.00 $ 0.00 BACKFILL BOREHOLES WITH BENTONITE GROUT OR CHIPS 2.12 Small Diameter Hole(<4Yz") Feet 0.0 4.00 $ 0.00 2.13 Large Diameter Hole(>4Y.") Feet 0.0 8.00 $ 0.00 ROCK CORING 2.14 Set-up Charge(Includes Casing to 40 Feet) Each 0 500.00 $ 0.00 2.15 Set Casing Below 40 Feet Foot 0.0 15.00 $ 0.00 2.16 Core with NX Size Barrel Foot 0.0 60.00 $ 0.00 5 I Spaceco, Inc. P.N. 51,023 - May 28, 2013 ITEM UNITS QTY RATE COST DRILL RIG WITH 2-MAN CREW (Travel,Standby or Obstruction Time) 2.17 Regular Time(Up to 8.0 Hours per Day) Hour 0.0 320.00 $ 0.00 2.18 Overtime(Over 8.0 Hours or Saturday) Hour 0.0 360.00 $ 0.00 DRILL CREW PREVAILING WAGE SURCHARGE 3.1 2-Person Drill Crew, Regular Time Hour 40.0 20.00 $ 800.00 (Up to 8.0 Hours per Day) 3.2 2-Person Drill Crew, Overtime Hour 5.0 30.00 $ 150.00 (Over 8.0 Hours or Saturday) 3.3 Administration Fees Sump 1 50.00 $ 50.00 LABORATORY TESTING 4.1 Examine Samples to Describe by Textural System and Each 225 4.00 $ 900.00 Classify Using the Unified Soil Classification System 4.2 Water Content Determination (Includes Pocket Each 210 7.00 $ 1,470.00 Penetrometer Reading on Cohesive Samples) 4.3 Unconfined Compressive Strength of Cohesive Soils Each 70 14.00 $ 980.00 (or Torvane Shear Strength Measurement) 4.4 Dry Unit Weight Determination Each 30 7.00 $ 210.00 4.5 Atterberg Limit Determinations Each 0 100.00 $ 0.00 4.6 Sieve Analysis with#200 Wash Each 0 90.00 $ 0.00 4.7 Sieve Analysis with Hydrometer Each 0 130.00 $ 0.00 4.8 1 Consolidation Test Each 0 600.00 $ 0.00 SEISOPT REMI TESTING Measure Average Soil Shear Wave Velocity to 100'in Depth 5.1 by SeisOpt ReMi Method (Used to Determine IBC Site Class Each 0 1,000.00 $ 0.00 for Seismic Design) ENGINEERING SERVICES 6.1 Prepare Geotechnical Report with Boring Logs and Location Lump 1 4,000.00 $ 4,000.00 Plan Sum 6,2 Geotechnical Engineer to Perform Special Calculations or Hour 0.0 120.00 $ 0.00 Run Slope Stability Analyses 6.3 Senior Engineer to Consult or Attend Project Meetings Hour 0.0 160.00 $ 0.00 ESTIMATED TOTAL: $23,800.00 RECOMMENDED BUDGET: $23,800.00 6 LGhENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1.PARTIES AND SCOPE OF WORK: If COent Is ordering the perform same shall not in any way operate or excuse any In the event Client is unwilling or unable to limit the damages services on behalf of another,Client represents and warrants contractor from the performance of its work in accordance for whtch TSC may be liable in accordance with the provisions that Client is the duly authorized agent of said party for with its contract."Contractor"as used herein shall Include set forth in the preceding paragraph,upon written request the purpose of ordering and directing said services,and in subcontractors, suppliers, architects, engineers and of Client received within five days of Client's acceptance of such case the term"Client"shall also include the principal construction managers, TSC's proposal together with payment of an additional fee for whom the services are being performed.Prices quoted in the amount of 5%of TSC's estimated cost for its services and charged by TSC for its services are predicated on the Information obtained from borings,observations and analyses (to be adjusted to 5%of the amount actually billed by TSC conditions and the allocations of risks and obligations of sample materials shall be reported in formats considered for its services on the project at time of completion),the limit expressed in these General Conditions. Unless otherwiso appropriate by TSC unless directed otherwise by Client. on damages shall be increased to$500,000 or the amount stated In writing,Client assumes sole responsibility for Such information Is considered evidence,but any inference of TSC's fee,whichever is the greater.This charge is not to determining whether the quantity and the nature of the or conclusion based thereon is,necessarily,an opinion also be construed as being a charge for insurance of any type, services ordered by Client are adequate and sufficient for based on engineering Judgment and shall not be construed but is increased consideration for the exposure to an award Client's intended purpose. Unless otherwise expressly as a representation of fact.Subsurface conditions may not of greater damages. assumed in writing,TSC's services are provided exclusively be uniform throughout an entire site and ground water for client.TSC shall have no duty or obligation other than those levels may fluctuate due to climatic and other variations. 11. INDEMNITY: Subject to the provisions set forth herein, duties and obligations expressly set forth in this Agreement. Construction materials may vary from the samples taken. TSC and Client hereby agree to indemnity and hold harmless TSC shall have no duty to any third party. Client shall Unless othervrlse agreed€n writing,the procedures employed each other and their respective shareholders,directors, communicate these General Conditions to each and every by TSC are not designed to detect intentional concealment officers, partners,employees,agents,subsidiaries and party to whom the Client transmits any report prepared by or misrepresentation of facts by others. division(and each of their heirs,successors,and assigns) TSC.Ordering services from TSC shall constitute acceptance from any and all claims,demands,liabilities,suits,causes of ofTSC's proposal and these General Conditions. 7,DOCUMENTS AND SAMPLES: Client is granted an action,judgments,eosts and expenses,including reasonable exclusive license to use findings and reports prepared attorneys'fees,arising,or allegedly arising,from personal 2.SCHEDULING OFSERVECES:The services set forth in this and Issued by TSC and any sub-consultants pursuant to Injury,including death,property damage,including lossofuse Agreement wi11be accomplished ina timely and workmanllke this Agreement for the purpose set forth in TSC's proposal thereof,due€nany manner to the negligence of either of them manner.It TSC is required to delay any part of its services provided that TSC has received payment in full for its or their agents or employees or independent contractors.in to accommodate the requests or requirements of Client, services.TSC and,if applicable,its sub-consultant,retain the event both TSC and Client are found to be negligent or regulatory agencies,or third parties,or due to any cause all copyright and ownership interests in the reports,boring at fault,then any liability shall be apportioned between them beyond Its reasonable control,Client agrees to pay such logs,maps,field data,field notes,laboratory test data and pursuant to their pro rate share of negligence orfauit.TSC and additional charges,if any,as may be applicable. similar documents,and the ownership and freedom to use Client further agree that their liability to any third party shall, all data generated by It for any purpose.Unless otherwise to the extent permitted by law,be several and not joint.The 3.ACCESS TO SITE; TSC shall take reasonable measures agreed in writing,test specimens or samples will be liability of TSC under this provision shall not exceed the policy and precautions to minimize damage to the site and any disposed Immediately upon completion of the test.All drilling limits of insurance carried by TSC.Neither TSC nor Client Improvements located thereon as a result of its services or samples or specimens will be disposed sixty(60)days after shall be bound under this indemnity agreement to liability the use of its equipment;however,TSC has not included in submission of TSC's report, determined In a proceeding in which it did not participate its fee the cost of restoration of damage which may occur.If represented by its own Independent counsel.The indemnities Client desires or requires TSC to restore the site to Its former B.TERMINAT[ON:TSC's obligation to provide services may be provided hereunder shall not terminate upon the termination condition,TSC wiii,upon written request, perform such terminated by either party upon(7)seven days prior written or expiration of this Agreement,but may be modified to the additional work as Is necessary to do so and Client agrees notice. In the event of termination of TSC's services,TSC extent of any waiver of subrogation agreed to by TSC and to pay to TSC the cost thereof plus TSC's normal markup for shall be compensated by Client for all services performed up paid for by Client. overhead and profit. to and Including the termination date,including reimbursable expenses.The terms and conditions of these General 12.SUBPOENAS:TSC s employees shall not be retained as 4.CLIENT'S DUTY TO NOTIFY ENGINEER:Client represents Conditions shall survive the termination of TSC's obligation expert witnesses except by separate,written agreement, and warrants that Client has advised TSC of any known or to provide services. Client agrees to pay TSC pursuant to TSC s than current feo suspected hazardous materials,utility lines and underground schedule for any TSC employees)subpoenaed by any party structures at any site at which TSC is to perform services 9,PAYMENT;Client shall be invoiced periodically forservices as an occurrence witness as a result of TSC's services. under this Agreement,Unless otherwise agreed in writing, performed.Cllentagroosto pay each Invoice within thirty(30) TSC's responsibility with respect to underground utility days of its receipt.Client further agrees to pay Interest on 13. OTHER AGREEMENTS:TSC shall not be bound by locations is to contact the Illinois Joint Utility Locating all amounts invoiced and not paid or objected to in writing any provision or agreement(i) requiring or providing for Information for Excavators for the location of public,but not for valid cause within sixty(60)days at the rate of tw4ve arbitration of disputes or controversies arising out of this private,utilities. (12%)per annum(or the maximum interest rate permitted by Agreement or its performance,(i) wherein TSC waives any applicable law,whichever Is the lesser)until paid and TSC's rights to a mechanics lien or surety bond claim;(III)that 5,DISCOVERY OF POLLUTANTS:TSC's services shall not casts of collection of such accounts,including court costs conditions TSC's right to receive payment for its services include investigation for hazardous materials as defined by and reasonable attorney's fees. upon payment to Client by any third party or(Jv)that requires the Resource Conservatlon Recovery Act,42 U,S.C.§6901, TSC to indemnify any party beyond its own negligence These at,seq.,as amended("RCRA")or by any state or Federal 10.WARRANTY: TSC's professional services will be General Conditions are notice,where required,that TSC shall statute or regulation. In the event that hazardous materials performed,its findings obtained and its reports prepared file a lion whenever necessary to collect past due amounts. are discovered and identified by TSC,TSC's sole duty shall In accordance with these General Conditions and with This Agreement contains the entire understanding between be to notify Client. generally accepted principles and practices.In performing its the parties.Unless expressly accepted by TSC in writing professional serv€ces,TSGWII use thatdegreeofine and skill prior to delivery of TSC's services,Client shall not add any 6. MONITORING: If this Agreement includes testing ordinarily exercised under similar circumstancesbymembers conditions or impose conditions which are in conflict with construction materials orobserv€nganyaspectofconstruction of its profession.In performing physical work in pursuit of those contained herein,and no such additional or conflicting of improvements, Client's construction personnel will its professional services,TSC will use that degree of care terms shall be binding upon TSC.The unenforceabil€ty or verify that the pad is properly located and sized to meet and skill ordinarily used under similar circumstances.This Invalidity of any provision or provisions shall not render any Client's projected building loads. Client shall cause all warranty is in lieu of all other warranties or representations, other provision or provisions unenforceable or invalid.This tests and inspections of the site,materials and work to either express or implied.Statements made in TSC reports Agreement shall be construed and enforced in accordance be tlmoly and properly performed in accordance with are opinions based upon engineering judgment and are not with the laws of the State of Illinois.in the event of a dispute the plans,specifications,contract documents,and TSC's to be construed as representations of fact. arising out of or relating tothe performance of thisAgreement, recommendations. No claims for loss,damage or injury the breach thereof or TSC's services,the parties agree to shall be brought against TSC unless all tests and inspections Should TSC or any of its employees be found to have been try in good faith to settle the dispute.by mediation under have been so performed and unlessTSC'srecommendations negligent in performing professional servicesor to have made the Construction Industry Mediation Rules of the American have been followed. and breached any express or implied warranty,representation Arbitration Association asa condition precedent tofilingany or contract,Client,all parties claiming through Client and demand for arbitration,or any petition or complaint with any TSC's services shall not include determining or Implementing all parties claiming to have in any way relied upon TSC's court.Paragraph hea&gs are for convenience onlyand shall the means,methods,techniques or procedures of work services or work agree that the maximum aggregate amount not be construed as limiting the meaning of the provisions done by the contractor(s)being monitored or whose work Is of damages for which TSC,Its officers,employees and agents contained in these General Conditions. being tested. TSC's services shall not include the authority shall be liable is limited to$50,000 or the total amount of to accept or reject work or to in any manner supervise the fee paid to TSC for Its services performed with respect the work of any contractor.TSC's services or failure to to the project,whichever amount is greater. aev ON& Project Data Sheet TESTING SERVICE CORPORATION Distribute Reports as Follows: General Information: name: Project Name: _ Company: Project Address: _._ Address: City/State/Zip; __. . ........... City/State/Zip: Project Manager: ......................- _..._....... E-Mail: E-Mail: -- ._. Telephone: Telephone: _ ....-. -.-----_._.._. Fax: Fax: Site contact: Name: E-Mail: —_. Company: Telephone:__-- -- - Ad€irow Fax: City I State I Zlp: E-Mail: Send Invoice To: Telephone: Purchase Order Number: Fax: Attention: Company: Name: Address: Company: -- City/State/Zip: Address: E-Mall: City I State I Zip: Telephono: -- - - E-%I: Fax: - Telephone: Important Notes., Fax: Name: Company: Address: Completed By. City/State I Zip: Signature, E-Mall: Name: Telephone: Date: Fax: REWEb Ganz GraPhle�risjo x�w.GVpromolesU.com•Info�GVpmmotesU.com•630.682.9268 Award of Contract: Dropzone Portable Services Inc. for 2014 Buffalo Grove Days Portable Restroom Rental and 13-A Service. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $52,000 100.30.525.10 Overview Staff sought proposals for portable restrooms for Buffalo Grove Days 2014 in December of last year. After a review of the proposal documents, reference checks and overall cost comparison staff recommends Drop Zone Portable Services Inc. be awarded the contract for 2014 Buffalo Grove Days Portable Restroom Rental and Service. Drop Zone is the low proposer with a five year fixed rate of$10,400 per year and a total five year cost of $52,000. The Contract is a one year contract with four possible one-year extensions. Staff will monitor the vendor's performance and will report back to the Village Board with a recommendation to either extend or cancel the contract on an annual basis. Staff has contacted references for the vendor and all responses were very positive. Attachments Porta Poties 2014 Tab.pdf Trustee Liaison Staff Contact Trustee Sussman Brett Robinson, ....M.on.da............Fe.bruarY .............3......2.0.1.4.........................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._A................................................................................................................................... Y, 0 0 «n 0 0 «n 0 0 «n 0 0 «n U .2 cn a c Q m c d o: 0 0 0 0 0 0 0 O N N N N N O O N N f9 f9 f9 f9 f9 � N a m IL m fH H3 EA H3 EA W � U � p G NZ N Z coo p G G O t W d G O � N N O o iri � o a n W <lD 7 M 00 f9 f9 f9 f9 f9 fR � m Z coo m � t W d t/l N 0 0 0 0 0 0 O O O O O N S f9 f9 f9 f9 f9 � � O o d o Q N N O O m } } Z in N N Q U U U U U N N U7 N > > > > > N N N N N p G U U U U U a o o o x3 x3 x3 x3 x3 N Y N O O m O O p u J O_ O_ O_ O_ O_ Q pl O Q Q Q Q Q O a a u7 u) U w w w w w I- Authorization to Waive Bids and Award Contract- 2014 13-B Sidewalk Cutting .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $34,995 100.55.10.535.05 Overview The Village has contracted with Safe Step, L.L.C. for the last four years to provide proprietary sidewalk cutting services to eliminate trip hazards in compliance with ADA Standards. The Villages of Schaumburg, Vernon Hills and Libertyville have also used this company and have confirmed that there are no known competing vendors for this work. Staff estimates that the proposed area of the Village to be worked on this year would have approximately $35,000 of sidewalk suitable for correction by this method. As background,the project in 2013 included 291 cuts at an average cost of$51.81 per cut, as compared to $96.52 for replacement. A bid waiver is requested as there are no known competitors to the current provider. Staff recommends that bids be waived and the Village Manager be authorized to execute the attached contract. Attachments Safe Step Buffalo Grove 2014 proposal.pdf Trustee Liaison Staff Contact Trustee Stein Mark A Biederwolf, ....M.on.da............Fe.bruarY .............3......2.0.1.4.........................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._B................................................................................................................................... Y, r now RAN* *Specialists R Wednesday,January 15,2104 Mr.Mark Biederwolf Village of Buffalo Grove 51 Raupp Blvd. Buffalo Grove,IL 60089 Mr.Mark Biederwolf Thank you for your interest in our company. Safe Step LLC proposes a trip hazard removal program with the Village of Buffalo Grove based on the following: The Village of Buffalo Grove will provide: 1. Identification or the criteria to be used in determining each trip hazard to be removed. 2. Street locations included in the project scope. 3. Prioritization of street locations included in the project scope. Safe Step LLC will provide: 1. ADA compliant saw-cut removal of identified or criteria matched trip hazards in areas directed by the Village of Buffalo Grove. 2. A detailed invoice listing the address or location,dimensions,size in inch-feet,and the cost of each cut made. The inch-feet measurement shall be determined by finding the average of the displacement of the trip hazard in inches multiplied by the length of the cut in feet. An inch-feet measurement will be provided for each trip hazard. 3. An orderly procession through the work area based on the prioritization of the Buffalo Grove and will cease work when the budget limit is reached. 4. Certified payroll records to the Village of Buffalo Grove when the project is completed that will be fully compliant with the requirements of the Illinois Prevailing Wage Act 5. Rob Strauss will be the superintendent in charge of this project. Project Financial Parameters: 1. The total budget of the project will not exceed$34,995.00. 2. The Village of Buffalo Grove will pay at a rate of$26.25 per inch-foot cut. 3. Safe Step will cap the price of an individual trip hazard to the following:$64.95 for a 4'wide sidewalk $79.95 for a 5'wide sidewalk Safe Step LLC will accept full responsibility for any project cost overage,provided that the scope of the project is not altered once the project begins. However,any Village of Buffalo Grove requested change in scope that might place the project in jeopardy,will be fully discussed with and approved by the Village of Buffalo Grove prior to the start of the work on the revised project area. If this proposal is acceptable,please sign,date,and return a copy to the address listed below. Sincerely, Rob Strauss Authorizing Acceptance of Proposal Illinois Regional Manager PO Box 411 Hortonville,WI 54944 Project Proposal:#140115 920-540-7414 VILLAGE OF BUFFALO GROVE WARRANT #1225 3-Feb-14 General Fund: 510,564.13 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 1,614.20 Motor Fuel Tax Fund: 580,198.30 School & Park Donations 0.00 Capital Projects-Facilities: 22,420.25 Capital Projects-Streets: 75,369.44 Health Insurance Fund: 1,056.74 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 81,886.18 Water Fund: 25,682.05 Buffalo Grove Golf Fund: 17,010.82 Arboretum Golf Fund: 9,285.24 Refuse Service Fund: 61,233.71 1,386,321.06 PAYROLL PERIOD ENDING 1/30/2014 876,819.64 876,819.64 TOTAL WARRANT #1225 2,263,140.70 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President ~ �h��� ������ ����� �_�� ���� Register � � ��� � ������ ������^ ��������� ��� � � �� � � �� == ��� � ���� � � �� ���� ������� ������ v��� ���� �"� v��� ����� �"� � ���� ~ ° ° ° ������ ���������� ��� ����� � � �� ���� ����v���0� ���� � ����� ���� � ° ° Pay Batch oz/so/z*Tma| Employees m Pay Batch z*z *ours oasc,ipuon *ours Gross vvithho|dingsand oaducdons Gross Base uz nsspT neou|a,Fun'T|me 6'538.50 zsz'*ou.sa Gross 796'9*5.87 uznsspT Regular Part-Time 787.50 17'878.87 Federal ya'u**.ao 683'126.9* 03 nssss*SomAL Regular Seasonal z*uu 231a0 Social Security zz'oao.yz 352'723y* u*nssSWORN Regular Sworn 9'093.75 393'061.77Meu|care zz'zso.oz 776'*71.20 usovsnTIMs Overtime yz*.zs *o'ooa.us IL State Tax 32'200.57 663'**8.37 ua DOUBLE TIME Double Time WI State Tax 1'217.50 19'658.57 u7nsTnoPAID netmpam zuzuz*mac zy*.sy uonsTnoswPAID netm Sworn Paid *mac Pre Tax 918.68 uyLomssvITY u,noe,|tv zz'auu.uu osHsschoo|Fund *suu zusLscTso Elected Officials 3'250u0 Bright Directions 160.00 zuu COMP sx PAY Exempt Comp Time Paid Child Support Arrears zuz COMP sxEARN Exempt Comp Time Child Support IL 5'223.98 Earned zu3 COMP msPAID Paid Non-Exempt Comp y*.uu 3'3u3.s3 Child Support wI 969.23 Time zu*COMP msEARN Earned Non-Exempt 96.00 Computer Loan 631.57 Comp Time zua COMP swPAID Sworn Comp Time Paid Computer Loan z 50a3 ill FLOAT swERN Float Sworn Earned zzz FLOAT swpo Floating Sworn Paid *u.uu z'ayo.*s Dependent Care 1'10*a3 zzsooLcMpEARN Double Time Comp Time Fire Dues 1'73*.00 zz FIRE oT Fire Overtime 13'365.58 Fire Pension 15'983.79 zay'usz.*u zzu PARK STIPEND Park District Stipend zu*.za Fire Pension Tier 2'*29.*7 zs'ay*ya zzz CAR ALLOW Car Allowance Fire Pension Supplement percent 3*.83 3'*82a* zzzIms nsIMouns Insurance 611.*7 Flexible Spending Account *'032.77 Reimbursement zz3 GOLF STIPEND Management Stipend FpAcoues 127.50 zz*vsI vsI FOP Police zzacLoTHIms Clothing Reimbursement 1'30*.*8 Garnishment 75.00 zzyMAmsSTIPEND Management Stipend General Fund z*suu zu ACT cr Acting Lieutenant 277.00 *o*.7s Health HMO 630.50 zz ACT sc Acting Shift Commander 72u0 z*7au Health pPoA 5'713.22 zz CORP FIELD Corporal Field Supervisor z**.su 366.75 Health pPoo zz'yyzy* z3 CORP WATCH Corporal Watch *s.uu 67.50IcM/Vnc Flat Amount 12'7*2.29 Commander zs NIGHT SHIFT Night Shift 907.25 571.60 IcM/Vnc Flat Amount *'753.83 zassTWATCH Sergeant Watch Commander zy*.uu 185.23 IcM/Vnc percent 7'638.55 118'6*7.30 3u PARK DISTRICT Police Park District IcM/Vnc Percent 2'53*.2* 3'167.80 31cPn CPR 537.29IcM/Vnc Flat Amount 3 su VAC PAID Vacation Paid 397.50 18'352.51 IMnF z*'yzz.zz 331'605.58 sz VAC EARNED Vacation Earned IMnF Life Insurance s3 VAC PAYOUT Vacation Payout s*VAC swPAID Vacation Sworn Paid 261.75 zz'szu.zs IMnF TIER z *32.28 y'aua.zy ss VAC swEARNED Vacation Sworn Earned IMnFvo|untary 111.11 s7 VAC swPAYOUT Vacation Sworn Payout IRS Garnishment so VAC pTPAID Vacation Part Time Paid Optional Life Self 616.28 sy VAC pTEARNED Vacation Part Time Earned 7u SICK PAID Sick Paid 161.50 s'yya.zy Police Dues 790.50 7z SICK EARNED Sick Earned Run»v Katie sm»»eono/zs/zuz3 10:00:17AM Page zor* Pay Day Register Pay Batch 01/30/ 14 74 SICK SW PAID-Sick Sworn Paid 204.50 8,609.01 Police Pension 21,268.19 214,614.02 75 SICK SW EARN-Sick Sworn Earned - - 90 FLOAT PAID-Floating Paid 24.00 849.04 Police Pension-Tier 2 964.04 9,728.00 91 FLOAT EARNED-Floating Earned - -PPOA TAX 28.78 - 93 FLOAT PT PAID-Floating Part Time Paid RHS 1,941.49 94 FLOAT PT EARN-Float Part-Time Earned ROTH IRA 2,022.00 - 96 HOL PAID-Holiday Paid ROTH IRA Percent 83.81 4,190.35 97 HOL POL PAID-Holiday Police Sworn Paid 32.00 1,379.71 Spousal Support Maintenace 328.15 - 98 HOL PT PAID-Holiday Part Time Paid - -Trustmark Voluntary Benefit 866.02 99 HOL FIRE PAID-Holiday Fire Sworn Paid - - United Way - - Total 20,499.00 $ 796,945.87 Net $ 508,915.28 Total Payroll Expense $ 876,819.64 Benefits Amount Basic Life Insurance 62.78 Dental 18,119.83 Fire Pension 81,058.02 Health HMO 4,219.50 Health PPO A 38,233.12 Health PPO B 86,945.79 Illinois Municipal Fund 46,746.04 Police Pension 81,268.39 Tota I - Gross Payroll 876,819.64 Water/Sewer Transfer (58,062.48) Buffalo Grove Golf Transfer (15,807.37) Arboretum Golf Transfer (13,421.64) 789,528.15 Transfers Payroll Account Transfer 508,915.28 ROTH IRA 2,105.81 Illinois State Tax 32,200.57 941 Federal Tax 162,300.14 ICMA Deferred Compensation 27,668.91 RHS-Fire 1,941.49 Flex/Dep Savings 5,137.40 MAP Dues 790.50 Trustmark Voluntary Benefit 866.02 Fire Pension 18,448.09 760,374.21 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 2 of 4 784.36 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 3 of 4 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 4 of 4 3 o c o0 0 75 O o 0 o Q E O o0 0 cQ E d r d' d' O N O c 0 O u L 12 C +� m F- L- a� w O c � � w O a N O I (D O W 3 N O s o �G m c a a c la U O Z 2 N w W c6 m � Q Q N C m T la O a C: A o Y. o 0 0 v 0 N N �p � N T N \ N O O C i 0 O O O U7 (n Q y N � co E 7 CM Z C (n O_ L � O N c0 N U LO p 1 y O 'O 0 c co O) r C O — co C () 7 " O 3. 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WITNESSETH: WHEREAS, in compliance with the Village's Development Ordinance and pursuant to the (Annexation Agreement or PUD Ordinance or Agreement) dated , Developer has submitted to the Village a Plat of Subdivision designated as Exhibit "A", attached hereto, which Subdivision Plat has been approved by the Plan Commission of the Village, and, Developer desires to improve the real property described in said Subdivision Plat; and, WHEREAS, the Village is willing to approve said Subdivision Plat, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits for any buildings to be constructed on the property. NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the plans and specifications, dated shown on Exhibit "C" attached hereto, including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village 's Development Ordinance, which Exhibit has been prepared by who are registered professional engineers and Exhibit "D", attached hereto consisting of the Landscaping Plan and as approved by the Village. All utility lines and services to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit "E" is a complete cost estimate for the construction of the improvements described in Exhibit "B" hereto. Upon the execution of this Agreement and prior to the recordation of the Plat of Subdivision, the Developer shall deposit a Letter of Credit acceptable to and in a form and substance approved by the Village as further described in Paragraph 9 herein. The Letter of Credit shall originally be in the amount of $ 3. All work shall be subject to inspection by and the approval of the Village Engineer. It is agreed that the contractors who are engaged to construct the improvements described in Paragraph 1 hereof are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid the Village a Review and Inspection Fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items listed in Exhibit "B" . 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is acceptable to the Village. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village of Buffalo Grove and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but 2 not limited to attorney's fees incurred by reason of a lawsuit or claim for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub-contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of work by the Developer, independent contractors or sub- contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto caused by the sole negligence of the Village. This hold harmless shall be applicable to any actions of the Developer, independent contractor, or sub-contractor prior to the date of this Agreement if such prior actions were approved by the Village. 6. The Developer shall cause said improvements herein described to be completed within twenty-four (24) months following the approval of the Plat as shown in Exhibit "A" by the President and Board of Trustees, except Public Parks and Detention Areas which shall be completed within twelve (12) months, and except any improvements for which specified time limits are noted on the approved plans, Exhibit "C" which shall be completed within the specified time limits shown on the plans. If work is not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, in accordance with its terms, for the purpose of completing the site improvements. Upon completion of the improvements herein provided for, as evidenced by the certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to have accepted said improvements, and thereupon, the Letter of Credit shall automatically be reduced to serve as security for the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer shall cause its consulting engineers to correct drawings to show work as actually constructed and said engineers shall turn over high quality Mylar reproducible copies thereof to the Village to become the 3 Village's property prior to acceptance of the improvements by the President and Board of Trustees. 7. The Developer for a period of one year beyond formal acceptance by the Village of any improvement described in Exhibit "B" hereof, shall be responsible for maintenance repairs and corrections to such improvements which may be required due to failures or on account of faulty construction or due to the developers and/or contractors negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit as further described in Paragraph 9 hereof. 8. It is agreed that no building permit shall be granted by any official for the construction of any structure until required utility facilities (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the individual lots concerned, and that roadways (to include curbs) providing access to the subject lot or lots have been completely constructed except for the designed surface course. It is understood and agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadways have been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of improvements (Exhibit "B" hereof) and the one year maintenance of said improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon delivery to the Village of a Letter of Credit in favor of the Village in a form acceptable to the Village. The Letter of Credit shall be made subject to this Agreement. The Developer hereby waives its option pursuant to 30 ILCS 550/3 and 65 ILCS 5/11-39-3 to utilize any type of security other than a Letter of Credit. 4 B. In addition to the terms, conditions, and covenants of the Letter of Credit, the Village hereby agrees to draw funds or to call said performance guarantee under such security solely for the purpose of payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of or the Village, as the case may be, under the provisions of this Agreement and the said improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the plans and specifications described herein. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit shall during the course of construction of the improvements, approximate the cost of completing all improvements and paying unpaid contract balances for the completion of the improvements referred to in this Agreement. Until all required tests have been submitted and approved by the Village for each of the construction elements including, but not limited to, earthwork, street pavements, parking area pavements, sanitary sewers and water mains, a minimum of that portion of the surety for each element shall be subject to complete retention. All improvements are subject to a minimum fifteen (150) percent retention until final acceptance by the Village. D. In order to guarantee and warranty the obligations of paragraph 7 herein, an amount equal to fifteen (150) percent of the total amount of the Letter of Credit, or an amount equal to fifteen (150) percent of the cost estimate of the individual improvement (s) shall be retained in the Letter of Credit for a period of one-year beyond formal acceptance by the Village of the improvement (s) . E. As a portion of the security amount specified in Paragraph 2, the Developer shall maintain a cash deposit with the Village Clerk in the amount of Thousand Dollars ($0, 000.00) . 5 If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been drawn upon, the Developer shall immediately deposit sufficient funds to maintain the deposit in the amount of Thousand Dollars ($0, 000.00) . If the Developer has not made the additional deposit required to maintain the total cash deposit in the amount of Thousand Dollars ($0, 000.00) within three (3) days from the date he received notice that such additional deposit was required, it is agreed that the Village may issue a Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to be maintained until the maintenance guarantee period has lapsed. The deposit may be drawn upon by the Village if the conditions of this Agreement are not met by the Developer within five (5) days after receipt of a written notice of noncompliance with the conditions of this Agreement, except in cases of danger to public health and safety as determined by the Village, in which case, the deposit may be drawn upon immediately following notice to the Developer and his failure to immediately remedy the situation. After termination of the one-year maintenance period and upon receipt by the Village Clerk of a written request for release of the deposit, the Village will either notify the Developer that the improvements are not in a proper condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and conditions of the Letter of Credit, the Developer hereby agrees that no reduction shall 6 occur in the outstanding liability of the issuer there under, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit to expire, either by its terms, or by return of such Letter of Credit to the Developer, upon the expiration of one- (1) year from the acceptance of the improvements referred to herein by the Village. To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, permit the Village to draw funds under such Letter of Credit, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit to the extent that funds are disbursed. 10. Any Letter of Credit shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written notice being given to the Village between thirty- (30) days and forty-five (45) days in advance of termination or cancellation. 11. Developer shall install any additional storm sewers and/or inlets which are required in order to eliminate standing water or conditions of excessive sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational. 13. The Developer acknowledges that until final acceptance, he is responsible for providing snow and ice control along any streets within the Development, which are adjacent to occupied properties or necessary to provide access to occupied properties. The Developer agrees to pay the Village an annual fee for providing snow and ice control along these streets. The fee rate shall not exceed the Village' s average budgeted snow and ice control cost per mile of Village streets for which this service is provided with a minimum charge being based upon one-half (1/2) mile. It is the Developer's responsibility to provide a map of the applicable areas and the fee payment within thirty (30) days of 7 notification of the annual fee rate. If not paid, the fee may be withdrawn by the Village from the cash deposit described in Paragraph 9E. 14. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal Code. It is further agreed that the Developer shall continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the development's improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. If the Developer fails to perform his maintenance responsibilities established in either this paragraph or Chapter 8.32, the Village may provide a written notice to the Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9E. 15. The Developer agrees that no improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 16. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Parties hereto including, without limitation, the (Annexation Agreement or PUD Ordinance) dated and the obligations contained therein. 17. Paragraph(s) are attached hereto and made a part hereof. 8 IN WITNESS WHEREOF, the Village has caused this Agreement to be executed, as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By DEVELOPER - By 9 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A The Plat of Subdivision prepared by entitled consisting of sheet (s) last revised 10 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements, both public and private, including earthwork, streets, driveway and parking area pavements, sidewalks, sanitary and storm sewers, water main, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. 11 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Plans prepared by entitled consisting of sheet (s) last revised (Specifications on plans) . Lighting plan prepared by entitled dated 12 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Landscaping Plan prepared by entitled consisting of sheet (s) last revised G: \ENGINEER\FORMS\DIA.DOC 13 ALTERNATE PARAGRAPH 8 8. It is agreed that no framing authorization shall be granted by any official for the construction of any structure until required utility facilities (to include but not by way of limitation; water mains, sanitary and storm sewer systems) have been installed and made ready to service the individual lots concerned, and that roadways (or temporary roadways) providing access to the subject lot or lots have been constructed, or are in the course of construction, and are suitable for emergency vehicular traffic as determined by the Village Building Commissioner. It is understood and agreed that framing authorization may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadway access is suitable as determined by the Building Commissioner, for emergency vehicular traffic, notwithstanding the fact that all improvements within the Development may not be completed. It is understood that a building permit authorizing the construction of foundations and supporting subsystems will be issued by the Village upon recording of final plan and completion of proper building permit application including complete payment of all building permit fees and compliance with applicable ordinances and requirements. The type of temporary road proposed and anticipated method of maintenance are described on Exhibit "F", "Temporary Road Construction and Maintenance Specifications" . G: \ENGINEER\FORMS\DIA.DOC 14 - i I oai-,"our SIONIIII'3AON'J Oltlid08 oc LiuAIMUO d NNtlWddOH a. 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