Loading...
2022-04-18 - Ordinance 2022-045 - APPROVING AN ANNEXATION AGREEMENT - 22371 & 22405 N PRAIRIE ROAD ORDINANCE NO. 2022-045 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT 22371 & 22405 N PRAIRIE ROAD WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in, Exhibit A hereto; and, WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notice of the public hearing on April 18, 2022 concerning said Annexation Agreement and zoning have been given and the public hearing was,held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve saiidl Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1.The Annexation Agreement,a copy of which is attached hereto and made a part hereof as Exhibit B, is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove, Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5—S,tein,Otte n.he.i.mer.VftjdLenfe d Johnson Pike NAPES; 0—None ABSENT: 1—Smith PASSED, April 18,2022 APPROVED: April 18,2022 APPROVED: Aev e r 41vyVSussman `Ilage President ATTEST.' 'anet "°S raNe n,`i la e Clerk This docuimient was prepared by: Nicole"goods Director of Community DevOoprnent 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 1 3/29/2022 ANNEXATION AGREEMENT Dahlen Management Group, Inc., as Owner and THG Holdings LLC-Series E, as Developer 22371 and 22405 N. Prairie Road This agreement (hereinafter referred to as the "Agreement") is made and entered into this k day of A p-n , 2022, 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 THG Holdings LLC- Series E, an Illinois series limited liability company, 747 Lake Cook Road, Suite 100W, Deerfield, IL 60015, (hereinafter referred to as "Developer") and Dahlen Management Group, Inc., an Illinois corporation (hereinafter referred to as "Owner"). WITNESSET :. 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 has filed a petition for annexation into the Village of a certain tract of property (hereinafter referred to as the "Property") comprising 2 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT 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 2 acres to be annexed; and WHEREAS, Developer is the assignee of the contract purchaser with the Owner of the Property; and, WHEREAS, Owner and Developer desire to annex the Property pursuant to the provisions and regulations applicable to the R-4 one-family Dwelling District of the Village Zoning Ordinance, including the construction and occupancy of six (6) single family residences on the Property; and, r y 2 WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-4 District of the Village Zoning Ordinance, to develop the Property in accordance with and pursuant to a certain Final Plat of Subdivision prepared by R.E. Allen and Associates, Ltd. ("R.E. Allen") dated as last revised December 22, 2021 attached hereto as EXHIBIT D and a certain Preliminary Engineering Plan prepared by Pearson Brown & Associates, Inc. ("Pearson Brown") dated January 7, 2022 attached hereto as EXHIBIT F and a Conceptual Site Plan prepared by Pearson Brown dated September 24, 2021 attached hereto as Exhibit E, and a Plat of Dedication to Lake County for Public Roadway Purposes prepared by R.E. Allen dated January 13, 2022 attached hereto as EXHIBIT C and subject to all other exhibits attached hereto or incorporated by reference herein (hereinafter collectively referred to as "Preliminary Plan"). Said development of the Property shall consist of 6 single-family homes to be constructed by the Developer. 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 Planning & Zoning Commission of the Village has held a public hearing and made its recommendations with respect to the requested zoning classification in the R-4 District and the "Preliminary Plan"; 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 3 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 and Developer have 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-4 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 Property in the R-4 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 Final Plat of Subdivision and "Preliminary.Plan" and other exhibits attached hereto or incorporated by reference herein. 5. Approval of Plans. The Corporate Authorities hereby approve the Final Plat of Subdivision (EXHIBIT D) and other Exhibits pursuant to the provisions of the Development a p 4 Ordinance. The Corporate Authorities agree to approve a Development Plan (including the Final Plat of Subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Developer provided that the Development Plan shall: a) conform to the approved "Preliminary Plan"; and b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and c) conform to the approved Development Improvement Agreement as amended from time to time. 6. Compliance with A iolicable 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 and that Developer shall be granted a six (6) month grace period from the effective date of such new ordinances, amendments and rules and regulations. 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 subject to the six (6) month grace period. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property which would reduce the density for six (6) single family homes as set forth in the "Preliminary Plan". 7. Amendment of Plan, If the Developer desire to make material changes to the Plat of Subdivision, or Exhibits, as herein approved, the parties agree that such material changes to the Final Plat of Subdivision or Exhibits may require, if the Village so determines in their sole discretion, the submission of amended plats or plans, together with proper supporting documentation, to the Planning & Zoning Commission and/or the Corporate Authorities to consider such changes to the Final Plat of Subdivision. The Corporate y 5 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 Final Plat of Subdivision and Exhibits. 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 and that Developer shall be granted a six (6) month grace period from the effective date of approval of any building fee increase. In the event a conflict arises between the 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 reasonable expenses incurred by the use of consultants in the review and inspection of the development from time to time. 9. Water Provision. The Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT F are hereby approved by the Village. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Developer further agrees to pay to the Village such fees in accordance with the applicable village Ordinances at the time of the issuance of the water and sewer permits. The Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Final Plat of Subdivision. 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 single-family residences 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. 4 6 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. The Developer shall construct on-site sanitary sewers as may be necessary to service the Property, in accordance with EXHIBIT F. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. b. The Developer shall also construct any storm sewers which may be necessary to service the Property, in accordance with EXHIBIT F. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. 11. Drainage Previsions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Intentionally Deleted. 13. Pa ment of Reca tore Fees Owed. Any amount of recapture required to be paid by this Property is identified on Exhibit J and shall be due and payable to the Village at such time set forth in Exhibit J. 14. Security for Public and Private Site Im rovements. Security for public and private site improvements shall be provided in accordance with the Development u 7 Ordinance, and the Development Improvement Agreement (EXHIBIT I) 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. 15. Exhibits. The following EXHIBITS,some of which were presented in testimony given by the Developer or the witnesses during the hearings held before the Planning & Zoning 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. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Plat of Dedication EXHIBIT D Final Plat of Subdivision EXHIBIT E Conceptual Site Plan EXHIBIT F Preliminary Engineering Plan EXHIBIT G Landscape Plan EXHIBIT H Sample Elevations with additional available options EXHIBIT I Sample Development Improvement Agreement EXHIBIT J Recapture Fees EXHIBIT K Preliminary Plan 16. Annexation Fee. Developer agrees to pay an annexation fee of $1,500 per residential unit for the 6 residential units, which fee shall be payable pro rata at issuance of building permits for each residential unit. This fee, however, shall be paid in full prior to the expiration of this Agreement. 4 p 8 17 Buildin Landsca in17 and Aesthetics Plans. Developer will submit final building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for final approval by the Village before commencing construction of buildings. 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 as determined by the Village Manager. The Village acknowledges that Developer will be constructing semi-custom homes. The Sample Elevations and available options for homebuyers attached as Exhibit H shall not be deemed to limit or constitute the elevations that shall be selected by homebuyers for the semi-custom homes to be constructed on the Property. The Final Elevations selected for each semi-custom home on the Property shall be submitted to the Village Manager for approval and at the direction of the Village Manager approval by the Appearance Review Team (ARI). In no event shall Final Elevations for each semi-custom home on the Property require approval by the Planning and Zoning Commission or the Village Board of Trustees provided consistent with this Agreement. 18. Intentional) Deleted. 19. Park District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer agrees to make cash contributions to the Village for conveyance to the Buffalo Grove Park District to fulfill the obligation of the Property concerning park donations in accordance with Title 19 of the Buffalo Grove Municipal Code. 20. Schodi District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Developer agrees to make cash contributions to the Village on a per unit basis at the time of issuance of a building permit for conveyance to School Districts 102 and 125 according to the criteria of said Title. 21. Library 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 u N: 9 library donations. 22, Conditions Concernin ry 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,said rooms have closets and 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. 23. Facilitation of Develo meat. 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 Developer 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 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. 24. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 25. 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. Developer is the assignee of the Buyer under contract to purchase the Property from Owner,with a closing date on or before December 1, 2022 after u 10 the Village has approved this Agreement. As such, the Village acknowledges that, upon closing, THG Holdings LLC- Series E, or an entity which controls, is controlled by or is under common ownership with THG Holdings LLC - Series E shall be entitled to develop the Property consistent with this Agreement. Otherwise, this Agreement shall not be assigned to any other party or entity without prior written consent of the Village Manager. If the Developer fails to close on the Property on or before December 1, 2022, all rights and benefits of this Agreement and the approved Annexation Ordinance, Rezoning Ordinances and all related ordinances approving the development of the Property shall not be given to, or binding on the Owner and/or the Property and this Agreement shall be null and void.This Agreement may be amended by the Village and the Developer of record of a portion of the Property as to the provisions applying thereto, without the consent of the Developers of other portions of the Property. 26. 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. 27. 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: Dahlen Management Group, Inc. 160 Ironwood Court Buffalo Grove, IL 60089 Attention:John Dahlen Copy to: Peter N. Weil Peter N. Weil &Associates 175 Olde Half Day Road, Suite 134 Lincolnshire, IL 60069 11 If to Developer: THG Holdings LLC-Series E 747 Lake Cook Road Suite 100W Deerfield, IL 60015 Attention: Derick B. Goodman Copy to: Deborah T. Haddad Haddad Law Firm LLC 300 Knightsbridge Parkway Suite 121 Lincolnshire, IL 60069 If to Village: Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: Patrick Brankin Schain, Banks, Kenny&Schwartz, Ltd. 70 W. Madison, Suite 2300 Chicago, IL 60602 28. Default. (a) In the event Developer defaults in performance of its obligations set forth in this Agreement, then the Village may, upon notice to Developer, allow Developer sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Developer fails to cure such default or provide such evidence as provided above, then, with notice to 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/Developer to disconnect such portion of the Property, or at the option of the Village, to rezone such Property to the Residential Estate District. 12 (b) In addition to sub-paragraph 28(a) above, 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 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. It is understood and agreed that Developer shall not have obligations under this Annexation Agreement until Developer acquires the Property. In the event that Developer does not acquire the Property, neither Owner or Developer shall be obligated by this Annexation Agreement and this Annexation Agreement shall become null and void without further action of the parties. Developer shall provide the Village Manager with notice within ten (10) days after Developer has closed on the acquisition of the Property. 29. Litigation. L The Developer,at its cost,shall be responsible for any litigation which may arise relating to the annexation,zoning and development of the Property. Developer shall cooperate with the Village in said litigation but Developer's counsel will have principal responsibility for such litigation. ii. The 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 Developer and failure to timely cure such default. iii. The Developer hereby indemnifies and holds the Village harmless from any actions or causes of action which may arise as a result of development u P 13 activities for which the Developer is responsible. 30. Indemnification Concernin Recapture. The Developer shall indemnify, defend and save harmless the Village, its officers, agents and employees, from any and all actions, claims or demands arising out of the existence,terms, administration, enforcement or attempted enforcement of any provision concerning recapture in this Agreement. The Developer shall prosecute or defend any action, proceeding or cause, legal or otherwise, that may arise out of the existence, terms, administration, enforcement or attempted enforcement of any provisions concerning recapture in this Agreement. The Developer will hold the Village, its officers, agents, and employees, free and harmless from any costs, fees (including attorney's fees and expenses) or judgments which the Village, its officers, agents or employees may incur or become liable for pursuant to any such action, claim or cause. The Village shall endeavor in good faith to enforce the provision of the recapture provisions hereof and to collect the recapture as established herein. However, the parties recognize the possibility of omissions or errors, and it is agreed that the Village shall not be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce the payment of said recapture as established herein. The Village's obligation is limited to the amount or amounts actually collected pursuant to the provisions of this Agreement. 31. eciai Conditions. a. It is understood and agreed that upon annexation the Village will issue new street address(es) for building(s) on the Property to ensure proper identification for provision of services, and Developer shall use said Village address(es) in place of current address(es) assigned by Lake County. Developer is also required to contact the Buffalo Grove Post Office and submit a change of address(es) requesting use of the address(es) as assigned by the Village. b. Developer represents and warrants that there is no mortgagee, lien holder or holder of any security interest affecting title to the Property or any part thereof. 14 c. Developer 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 Developer within sixty (60) days of the date of this Agreement. 32. Traffic Enforcement Agreement —The Developer shall, at the request of the Village, enter into an agreement for the enforcement of Village traffic ordinances and other ordinances on the Property. 33. Well and septic facilities and under round tanks—All water wells and septic sewer facilities on the Property shall be properly sealed or pumped and filled as required by the Illinois Department of Public Health and as approved by the Village Health Officer. Any underground tanks shall be removed as permitted and approved by the Illinois State Fire Marshal. Said sealing and removing of wells, septic facilities and underground tanks shall be completed on a schedule as directed by the Village. 34. Removal of buildings and structures — All buildings, structures, vehicles and other materials on the Property shall be removed prior to any site preparation work for the development. If the Village determines, in the period prior to development, that structures or other objects need to be removed from the Property to prevent health or nuisance problems, Developer shall comply pursuant to the Village's direction. 35. Develo er Obligations a. The proposed development of six-single family residential units shall conform to the plans and conditions provided in this Agreement and in the Rezoning Ordinance. b. Final engineering shall be subject to the review and approval of the Village. c. Final landscape plan shall be subject to the review and approval of the Village. 15 d. The final plat of subdivision is acceptable to the Village. 36. Sec Single Family Residence. Village agrees to permit Developer to construct and maintain a spec single family residence on the Property. 37. Foundation Permits„ At the request of Developer,foundation permits will be issued by the Village (i) upon recording the Final Plat of Subdivision, (ii) execution of the Annexation Agreement and Development Improvement Agreement by the Developer and the Village, (iii)the Property has access to fire hydrants, and (iv)the foundation permits are in conformance with the "Preliminary Plan". 38. Security. In no event shall Developer be required to deposit security for public and/or private site improvements with the Village in the event Developer is required to deposit security with any other governmental entity for such improvements to avoid a duplication of any deposit for security by Developer. IN WITNESS WHEREOF, the Corporate Authorities and Owner/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. [Remainder of this page is intentionally blank—signature page follows] ry 16 VILLAGE OF BUFFALO GROVE B Beverly S man, Village President ATTEST: 1-4 k. Icy: � .. Vt LAGE CLERK DEVELOPER: THG Holdings LLC, Series E, an Illinois series limited liability comp y By: Derick B. Goodman, Manager Printed Name and Position OWNER: Dahlen Management Group, Inc., an Illinois corporati n a�r ✓ % ohn Dahlen, President Printed Name and Position This document prepared by: Patrick Brankin Schain, Banks, Kenny & Schwartz, Ltd, 70 W. Madison Street, Suite 5300 Chicago, IL 60602 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 x q 17 EXHIBIT A Legal Description PARCEL I: LOT 4 (EXCEPT THE EAST 330.0 FEET THEREOF) IN BILLICK'S ACRES, BEING A SUBDIVISION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OFTHE THIRD PRINCIPAL MERIDIAN, (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILWAY RIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD) ACCORDING TO THE PLAT THEREOF RECORDED JUKE 15, 1956, AS DOCUMENT NO. 912118, IN BOOK 1453 OF RECORDS, PAGE 548, IN LAKE COUNTY, ILLINOIS. PARCEL l A: LOT 4 (EXCEPT THE EAST 290.0 FEET THEREOF) IN BILLICK'S ACRES, BEING A SUBDIVISION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OFTHE THIRD PRINCIPAL MERIDIAN, (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILWAY RIGHT OF WAY OF THE MINNEAPOLIS, ST PAUL AND SAULT STE. MARIE RAILROAD) ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15,1956, AS DOCUMENT NO. 912118, IN BOOK 1453 OF RECORDS, PAGE 548, IN LAKE COUNTY, ILLINOIS. PARCEL 2: THE WEST 330 FEET OF LOT 3 IN BILLICK'S ACRES, BEING A SUBDIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILROAD RIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD) ACCORDING TO THE PLAT THEREOF RECORDED JUKE 15, 1956 AS DOCUMENT 912118, IN BOOK 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. !k EXHIBIT B Plato Annexation »� �© ! y . / \ } � �d � ±° : » 19 EXHIBIT( PLAT OF DEDICATION 2�o�\ w`0� d� >�d gF,° \ .ew .� . . l.:7 . . \ 414, Al » \ , � �< ° � �z . �? �^ . \ m " PLAT OF F..pl"EDICAM N, L,waF F7l,,.rm Invra aro..10F4 cc➢ OF TO THE COUNTY OF LAKE rr Iflar�, ran w wl r vul rm mn4r u¢r¢arns➢ Lolor rarw➢I,a.. enrrw FOR PUBLIC ROADWAY PURPOSES asm r ao c M,1n OMI V 101 N .„r rot G a r a r n Wz a mr m bAR gw d t[TDUWA W:U.`[A wd A 4a' 1 r a wwu a➢ Wafd r r lu r I CJ CmrF I ' , W 4 [Iur r!N V4 'WtmW e C Ni NWIV:1u rr4u. G 6 l pr,d or Y 0}YP Y.dlhry GF A FAIM IM, AM mxd Vw`14 G7 C r'N;if,a N tap. W FRAV @E wwiN,'o N C ` t .rn nn uavr. I r v Pm c m.a,.,a ry Pr rn ew.re W,N �(ellp�r."elu�uv^y-s. wan u tl ➢µ➢ &r PMSp r 1?➢i S '� �+' M1ti v*,G d K G't ,ry Gx' Ile m* t C"'.IFd PN ➢ 'IWG„& G iw. Afi YI rIA'^AY G>kUp Y FA51 OX tl p ➢'nn !ND^ k,6ttGr C f r,r rx A i4'i N.r'2w i t �f'Y/a41 A"x P)G'1NA NG"f➢ la�Fgl naml ,a x r lWl.KQF a.i M 1 rtr T11PARF uraG nwm wex zurm�tit Im..rr x::w"a w mrr4.,, r vx vv+ stain¢➢ r:.,4i+..� eK 'IarraW,'u.�w awa,�'.. wr u w rm min m 4 AY Gi w.wW N ✓F �{ H5 rW.. Y� ,A IF Y�rn44xrxf raG,C na Av��✓f a6+A 1,mxm ry 4ww.l .curt ra„,1•«ax�G.f,a«.'� Carr p O fi Ydi 4vb rva 4 Wxw xa��w yr xum ry JI .�rwvw v.4� ra ae*w. ••��.• � ... .m_�.,.. ..m...�. exwms oH•wer wvs« w q�F.yy.a 5^&d;,xry W. x.n,rmn ........ rr .... r, I w Y 4f AG " ",—AREA: 44 J4. 1. i �. 5,280 S.F. I All 10 x. r r a» a m O + m IhI .aw i h al. fyr 1W p¢n: e f N �' •u: p , Trnm rra+, a;' u�uri� L � r r� ry-�; «r wuwrs'ru�w u r �r,—"—jai e u .rr M ry E f o"8t udY Iwq '.}` F'IN: YI A0�—Y)➢QD 'w 1 i 0— rcr am?ru.vr.m, iN I.n6 a J✓ Y+ tl f U E s au7%m r�"M"`wa,.mw ww.„;xnx�w 0 FIF n +rFv 11;1RtTT 1111 IOM'coat 4.:T,s„ My n4 mC' 43' PMIftWI 'I as VAICM1IPIIIII hlIM11149uLGl'U Q 0 Mwxl°x � 4 r„ulury ni Lair.1 au,. G tla`h. w1'U�1.!'... .d uMp iwxa WPoC PpBiF al �YW^N bµ iim.na'mt C'u nr a yF,llkll ry A nV A✓r.Rtl ?,1110.. I tllll� f M I r � G i.luTd wY 1 All 7 M �— err.a�.1➢ rrauc .w aw ,mar n.w. n ,+rrrr.rx « xwxox "`•x'w.wrt,wiw•S��w�r, r•.,nw rv..':.. CRAPEDC SCALE M,wa;x TIN1.1u t.w x an „ '.................:�. iw tir.r uui r rn„e.r a ..n..0,,Ar o"'r na�x..l..m mar rr .,wrz;wrn .w.0 orvn.ti ww R E fNL.'4..L.N. a.:u�mcwueM na�. n tnvM "r. k ,bnx:dtn 1ro�11— W.inm GVC p.r,. �a-W xn Xm .:o xwlwa ten. 20 EXHIBIT D FINAL PLAT OF SUBDIVISION ��@ §�� ^ �\ �® : �. ' h H ..... ............................ ..... ........... (County Highway 159) $ N. Prnlrle Road 6 s ti t 99 w,.,..., � �E � .x....;tl=:,_ _..µ YID 9v. .✓ I,,.rr:.7.'�4 a y, �i O ap � „ffi .... II ur �N x SIG dlk �_J'w x r 0 I � o Y V.S4 fI nT Avalon W, Avalon O Drive % V Avalonn n Drive w DMve 211 �xm ece a ....� O G i 9 P Y Vt EEEC at ' I ..�� ��� i a IT Y 24100P 4101M 5!"'W � �. 0 Y aI Y 4 a 1 9 y tl u'J IY YI ➢ ! II u � l I � Y V mrmau c4� ✓rn 1 ,�zm C C�rwu.rc 'x Y . '"f I I r11 m R; r' ai � t �. V� N � �° ... ., d' "os s � �rw�rx I s 9 11 , yMY . ¢ 1, ry a BUT- K too '.r 6 111 "ANT I m - a ri a m ? 'Eat SIT ..e � WKIN Mile! an: ,+ � 1 9.N QUM d ; dery a :1 , "a ,jr ', �,: � got, ' td 117 r a W a.. i� i r r MAN P '",p I �»W a IhJ qv1 1 s YI I � 0111,09 1" gPraueP p, � Al l TIN it OWN JS YP a° coy low off r 8; tir`1 E f! lux� oil � 1 lrlot I fa 51 Nip Of oil 1 +"- a won Oil man M Ulf qq Do CO AX r i rb i .„3 3 `F°kxW NA, {a�� p 1���.6»I lt aka x�.. 01, �I r 1 r�1r ARM ei all l t LET lagwq u � S' 4 e a a � mE� S fad N ivaNNAIJ r "r P �" < k � 7 �rl7 a +A IY �al ,1 u e x w: Mpg 44 ✓ ie r'� 4� �" 1 RID all PRIM ` N r fi Rr a r OU oil g1. 'I N ugl&i�s qq POST! Sh i n s a Z1q Isom! m :r 21 EXHIBIT E CONCEPTUAL SITE PLAN � \ r 1 Jl i7.. i 0 20'R.O.W.Dedicatro+e...._ 6r q eo' ao' toa' r 64' 63" w 30'Front BSL 30'Front BSL 30'Front BSL m o �n rn a Nn m vi m o m o ICU m m' mN b ^� n U m 0 , 9 r Ir r (A 40'Reor BSL" 40"Rear BSL' 40'Rear BSL" 80' 80' -- II o I 88, 88' 88, u r "( 30'Front BSL 30'Front BSL 30'rront BSL. I u o ,o 6Iq o Iw w 0 �nl Im 0,o w. p ri a T d;A .I �,Ya?Im m r. mI MI. o Epp ir�i ;an��xr Im m rn ap 'IN T Ln ml '�w m A _ Co r r � f�l 40'Reor BSL' 40'Rear B5L' 40.Rear SSL' w O Z m 86' 88" 88" O A OO ?;zz s wcP. m z to m O y 11 G)--Iy z m m n m z _ ........ o z I r w Z m ` v;w O o D z m v m D � y m z yi 0 ar 22 EXHIBIT r PRELIMINARY ENGINEERING PLAN 101 �� «� dr fi M� d � z n m �p 4 � y$ w, �1 S Nw� W ••• �•• 9f G✓rY{d!1P18J2f C% 2�I� ru�0 5 nwm min awn, u� I 3' tl.:Y, ,4�� IY^�1 .•, H/•� v ortiC] y OOA %AA AmmK=RO � 1 � � C�, YJ A 5A0 ti DR^yyD03— m hll, •Q Zm< D aD o30_'Y spaboo—Im s; 4iy 'X V' n O o nmi r oyi'�"znvr�on .� M Z. Js U7 as i� �0 sia N m < y r 3 3 z I 4 r y ad 90 m a 1 4 m o mcnin O m D ° e o I m m p Z N , ,, �� a®®oo•949 0000 �i 11 : 1 i ' A �0000©em6�j¢( ��O�pIK=so��•p����m�o c �T T m m z Z p, p (n Z ��ri m f•i s. A... ...... ...... ... JKVA1�:—ON din R(31+Y'y.JA—NU w� y 4 ^ .!. m c Y V E SPECIFICATIONS AND NOTES ,14, .IXInNG �' ������.....,____.......... ......r �EA�.CSOI�r�IZ'. — OWN A ASSOCIATES INC. y.�$ ,.0.x�Y a+. , ,o N. Prairie Road m.;a .... n r _ _ a � I k ro 4 O a7 a "a Avalon � � „Y Avalon Drive :49 �� i., �2 x Drive 5� r e„ f ry i EXISTING CONDITIONS ; `� �'°" Al: "" CROSSING z _..r.. .......... m_ AVALON CIAO PEARSON,BROWN&ASSOCIATES INC r a .r o t aar w,t ... ......... ...................... ------------------------------------------------- . ................ .......... -------------—------------- N. Prqlnie Rood . ..................... ....... .......... ........... ....... ------------- ...... ---------- ------ ................ .................. ..... L qt x X, A XI Z' 'AN Z" �' ��x S' ' I w r"`fir km Avalon Avalon Drive Drive ........... ........... ........... QA W % 4 fX .......... ................ AVALON CROSSING z DEMOLITION PLAN ...................... �VY ............... ........................... < NSSOCIMIESJINI� .......... W-111- "I r9 °ry +G reu G•j 3 t rrev r_ „,. +.r'I++ar aJ" i r i T r a V..l 4 21 IT 15 d � � r PM r,M' Mtn r � Na+1�YJ LSD JJ9 1*� �,vP r,-g b m m Es �1 PYn W AVALON CROSSING GEOMRICS PLAN .,,......... .., ......- .. ,..,� ,.. �P''III b IR ���',U•51ROWN&A'S"aO llb TES�WI2. �. � xn J y .., r � n u': r „ sr" Yr m e �,. � wuAL s��r 77 IN do c GG i I�p w rjj C +fig � Y 6 f II N n * 1 00 �" 4 " q µb w y " a "a'uJa k �•�• asmi" � +o ,e�� d�"im �u i�s�� qi A ;,�,i c�,na � � nu: uwam'� � '��,^ d """"""!�i"`m��'"" ftu �„�.��.I'.V 'PJ'a* '""Y m n ., Ore S1 Y I{ I y I � II 9 l � l4 N II SR 0 9 4 V I a WI 4: tlW� d 9 I jq d �X GRADING PLAN n — —ni [3 I 4Y ,,,,,,,,,,,,, ,,,, cr � rax a.ru I a^ .,_._ .. ..�.... .... �(� PEARSONBR OWN 8 ASSOCIATES,INC. 20 {{ ". ' .........� .�,... .mom .............. a m 1 V a � I P J ,,,.. e °.gym .w.,.w.�, [P 1 v �.. f �d TRO L P N as rear �����,naa�n �,�y CROSSING z EROSION — .. i, PEARSON,BR s owN a A SSOCIATES fNC a n g�k IR t �' s i •.n 6 £ g P 'P e - � s It n 4�3 i A q 11 � ffII II ff s 1 �r a RH' 9 m Z m m zxq^t R Jj 4 bit, .. . ma.�xy�p�w�^�.. C�.�..�.�.__..�..�...... E f'%Krf'41Y�.!'XI'A -. Pa'f 01 DESCRIPTION a " a .ON +q,�p�"'M�.OSSI G ._ AILS NOTES& DET """"'"'"'"'" """" 7 PEARSON,BROWN 8 ASSOCIATES,INC.' �� I k �Y " e=owwxc usuETu E"urt s c 00 y, ICA " A. ,e N 11" �, �...m�, m �.. e n � � y r. r !dfi /4 i n F, u su I r 0 I Y' i r a" UTILITY PLAN /IIII/ NiA _ _ ®wAVALON C alSI �l ....., —. ����............ ) P R$®N�BR Y�., .� .. ........... ,C„kr m, G� I&. 0 w F 6w. T - e . i s!:. sw ; gg It iv 77 u� �a , , bbb•M o �, r I,C PP R N^ u ` tP. v- u .. O x N tl p tl OJ Km ,c ry PRaiRiE.. R®R R.O.W.IMPROVEMENTS "� ..... _ CROSSING o„ AR50N,BROWN 8 ASSOC IATES INC �J i mw z � c �o D v tl ix � ✓ �Idbrelu P o O qq .N c 3 v Z Rl ah r rn� g� m O O' 4 N . H Is - � IM1 ti ! st „ 6 w. r �m IIII �9 +II, ° 7. E�§�ggaa gS5caE >L iy N7CE tt Gp a N n k� �oM � Ii 1 i { wi l 1i ' 4 1 a II. 1 i i�i '1�_1 i1 pq S'.11' li •s1 is .,°u �i {I., ip 13: cls.ai,i•i i�i =y3= I s! s� 8 S �1. ...,1. s s �gMad is g so�feal �ae� l1d ' "� E " �1� • � Npa, s i ,i 11 11�'r! fff� S �• � NN!! p f!Gr � "�W � ��� � � IM N� � �"' ��. ��. I� � � ����r 1 rgy1 .p 1;.. .., .111 e F F e5 fJ ! pss r f� a Ji Y Alit �t� �.di A > � ukg " i ill 6 m i i m v mD fl v 11 1 f fi a° N " N � �� AP 4 ) i{� t� ,• � Di X' z m "VVo f ur z G i �`�. DETAILS MM'B" °E=`R'°MN AVAL CROSSING ... _ , v *T . I i @g � f 1�z i I 9 �...........e.�__... ..........................................� _ ... ........ ..................... ^ICE m � e o P � U) U Z O D < Z n p S m "4 §§ �. 'fiY M 1 m -m•-• 1 D ig G�.....C ti w J p ... '0,I 4N DESCRIPTION OIY CROSSING DETAILS A o b PEARS ROWN&A ON B ASSOCIATES,INC. � � r � O zV m `a m ®,: ,,,,..... m a 23 EXHIBIT G LANDSCAPE PLAN �± � i � �« �^ d ; �\ / f / \ > � . �. �2 / / � . Z 0a O 01 0 `:. ) )08 wn .............. . ....... .. ................... Cm It tl, H E 44 p ¢ _ ..,. " C � a r e caa = e A y y O ~ ' 3 rv. ., i .. ,,,,_ ,,,,,,,,,,,,, 1 N r y 7 x x Z. O CD P voffill co 3 7 c a m��`�E��I�,�,�� taa�° na? w� a� 1 I a�a� r �,P� � it J 1 Iwt� Y '1 Rf N 1a 44 6 JJ CD I I L M� t N T q � � A t i � C c N O _ CD i CMEL w O c 3 � 6 a �.. tr u �.��A � _ ' F a� —171 FA Cj u raise �� i Wa � m^ &psi i i aw ,o k µ r r � y s � * � a z = C L rj _ C 24 EXHIBIT H SAMPLE ELEVATIONS AND ADDITIONAL OPTIONS FOR SELECTION BY HOMEBUYER . . � e �x � � � �t � ? \ > \ �± � m, :^ . / � 6� ;^ � �» : d .� J2 Zi 4 1 m r { — I ................ -, � dl AI u d f I —. _ ... .. d DJFJgirl i"d id I f I n, I I � I Ir �. p. i EEit �m , �I o. t ' EE 1 j jj ....................... _.� � III L--j u IJ .m.. .... ....... .............. � t y A ��fapi 1 V.. ......... .... .......... l 11 � . ! :'. f gym. r r �r � , U � � l � N - JE tr r 0-111 1 0 C FL �l ILI] a � ... J H...J. .. h i l.. U L�1 I0 Ell, El 1 MI? , 1 1 I ED ! � I � 1 � ` ri rt r 7 � r s a :.. ..m__ N .� j ............ r.7 � m m ..... t „ r .. m . . wEll l ............ .e� 25 EXHIBIT I SAMPLE DEVELOPMENT IMPROVEMENT AGREEMENT 4,0 or� r Development Name DEVELOPMENT IMPROVEMENT A REEIVIENT THIS AGREEMENT("Agreement"), made and entered into as of this day of 20_by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called "Village"), and Develor"s Name (hereinafter called "Developer"). WITNESSETH: WHEREAS, Developer desires to improve the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"), and in compliance with the Village's Development Ordinance, Developer has submitted to the Village certain (i) plans prepared by who are registered professional engineers (the "Site Plan"), which Plans were approved by the Village pursuant to Ordinance No. and (ii) additional plans and specifications prepared by dated and described in more detail in Exhibit "C" attached hereto and made a part hereof(the "Site Improvement Plans" and together with the Site Plan,the"Plans");and, WHEREAS, the Village is willing to approve said Plans, 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 (collectively, the "Improvements"), 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 (including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village's Development Ordinance). All utility lines and services to be installed in the street shall be installed prior to paving. 1 a 2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the improvement described in Exhibit "B" hereto. No later than three (3) business days following the execution of this Agreement and prior to the issuance of Village Permits, the Developer shall deposit a Letter of Credit acceptable to and in a form and substance approved by the Village in the original amount of and_/100 Dollars ( ), as further described in Paragraph 9 herein (the"Letter of Credit"). 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 are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid or will pay 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 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. Nothing herein shall waive any immunities the Village May assert in response to or defense of any such claim. In addition, by its execution of this Agreement,the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to reasonable 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 the work of 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 to the extent caused by the sole negligence or intentional misconduct of the Village, its independent contractors or sub- contractors or their officers,agents,or employees. 2 6. Subject to Force Majeure (as defined herein), Developer shall cause the Improvements to be completed within twenty-four (24) months following the date of this Agreement (except any Improvements for which specified time limits are noted on the Plans,which shall be completed within the specified time limits shown on the Plans). "Force Majeure" as used herein shall mean a delay in Developer's performance hereunder caused by a strike or labor problem, energy shortage, governmental pre-emption or prescription, national emergency, or any other cause of any kind beyond the reasonable control of Developer. 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 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 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 Developer's negligence and/or its 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 occupancy permit shall be granted by any official for the construction of any structure until all required utility facilities set forth in the Plans (to include, but not by way of limitation, sanitary sewer,water and storm sewer systems) have been installed and made ready to service the Property; and that all roadways (to include curbs) set forth in the Plans that provide access to the Property 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 3 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 the Improvements 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, in the amount set forth in Paragraph 2 above.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. 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 the Developer 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. 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 (as applicable), 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 (15%) 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 (15%) percent of the total amount of the Letter of Credit, or an amount equal to fifteen (15%) 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). 4 4 p 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 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 XX Thousand Dollars OO .DD If the Developer has not made the additional deposit required to maintain the total cash deposit 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 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. 5 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. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational. 12. 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. 13.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. 14. This Agreement shall automatically terminate and be of no further force and effect with respect to Developer or the Property upon the expiration of the one year maintenance period, and upon such termination the parties hereto shall have no further obligations to the other, except for the Village's obligation to return the Letter of Credit and cash deposit to Developer or otherwise notify the issuer of the Letter of Credit of the expiration of the Letter of Credit.The period commencing on the date set forth 6 in the preamble to this Agreement and expiring on the expiration of the one year maintenance period is referred to herein as the"Term". 15.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 Prelirninar Plan or Annexation Approval O» dinance No, dated and the obligations contained therein, 16. Neither party shall cause this Agreement (or any memorandum hereof) to be recorded against the Property. 17. Neither party shall assign this Agreement or any of its terms without the prior, express and written consent of the other party. Furthermore, no assignment of the Developer's obligations shall be effective unless and until the Village approves the language of any proposed assignment and substitute security in the amounts required by this Agreement. 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 ViII g. I resident, DEVELOPER: Developer Name Address Line 1 Address Line 2 By: Name: Title: 7 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A LEGAL DESCRIPTION KNOWN AS: BUFFALO GROVE ILLINOIS PERMANENT INDEX NUMBER: 00-00-000-0000 AREA= SQ. FT. OR ACRES 8 o (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements set forth and depicted in the Plans, both public and private, including (to the extent applicable) earthwork, grading, roads or streets, parking lots, areas and/or parking facilities, sidewalks, sanitary and storm sewers, water main, drainage and storm water detention facilities, site grading, street lighting, landscaping,survey monuments and benchmarks. i 9 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Final Engineering and Landscaping Plans prepared by: Entitled: Consisting of: sheet(s),last revised (see following pages) 10 w (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs (see following pages) 1.1.. 26 EXH|BI J RECAPTURE FEES The total recapture fee is$1,876.9f ralo the Property payable to the Village by Developer on May 2 2022 3^ � : . 7v t � �2 � /� mW q. s T 27 EXHIBIT K PRELIMINARY PLAN EXHIBITS C, D, E AND F COLLECTIVELY REFERRED TO AS PRELIMINARY PLAN yJ' 4�` �$ml�wmbJnVJ'V�'H nr, r