1973-021 0R.0...N..11..NA.11.,?i JI.::P O a p Q
.1:AY ORD..q..NANCE A.0.",.tl::"'A.:'4.O -0..NG AN NE. ., 'J..._u..PM 1""A.�."YY:`m.�.:.'.n.M.".".Y..'"H..A..::u N°.II.,WBEREAS, the President and Board of Trustees of the
Village of Buffalo Grovehave heretofore held a public hearing
an the question of adapting a certain Annexation Agreement by
and between .the Chicago Title and Trust Company under Trust
No. 60728 dated October 3, 1972 and the VILLAGE OF BUFFALO
GROVE ; and
MIEREAS, due notice of said pAblic hearing was given
as required by law; and
MJEREAS, all other pdblic hearings required by law to
execute the provisions Of Baid Annexation Agreement have been
held ..irron the manner PrMided by law; and
WBEREAS, the President and Board of Trustees
have con-
sidered i Annexation Agreement and havedetermined that the
adoption of said Annexation Agreement is in the best interests
of the Village of Buffalo Grove,
NOW THERE,,FORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF T,IU V'1[.NLAGE OF BUFFALO GROVE :
. :SECTION,I. That a certain Annexation Agreement by and
between the Village of Buffalo Grove. Chicato Title and Trust
Company under Trust No. 60728 dated October 3, 1972, be and it
is hereby approved. A true and correct copy of said Annexation
Agreement, as approved by the corporate authorities of the Village
of Buffalo Grove, is attached m. hereto and made part hereof a
A "
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SECTION 2. The Village President and the Village Clerk
are hereby authorized to execute said Agreement on behalf of
the Village of Buffalo Grove.
GEC"T ION,.2. This ordinance shall be in full force and
effect from and after its paBsage and approval in the manner
provided by law.
AYES : NAYES' 0 ABSENT :
PASSED : 1973.
APPROVED ; 1 3 1973.
town,
APPROVED :
0
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IN
C. I I 1 12"
IPA, Q . C 11laqWresident
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A! TEAK
-Village Clerk
A N N E X A T I O N A G R E E M E N T
THIS AGREEMENT, made and entered into this 16th day of April,
1973, by and between the VILLAGE OF BUFFALO GROVE, ILLINOIS (some-
times for convenience hereinafter referred to as "Village") by and
through the President and Board of Trustees of the Village of
Buffalo Grove, (sometimes for convenience hereinafter collectively
referred to as the "Corporate Authorities") , and C�HICAGO TITLE
and TRUST COMPANY, as Trustee under Trust Agreem9nt dated October
3, 1972, and known as Trust No. 60728, (sometimes for convenience
hereinafter referred to as the "Developer") :
W I T N E S S E T H:
WHEREAS, the Developer is the owner, has an interest in or
controls the real estate comprised of approximately 124 acres, which
are identified as Parcels 1A, 1B and 2 and the legal description of
which is attached hereto and made a part hereof (which real estate
for convenience may hereafter be referred to in its entirety as
the "Subject Property") , which real estate is contiguous to the
corporate limits of the Village of Buffalo Grove; and
WHEREAS, the Developer desires and proposes, as and pursuant
to the provisions and regulations applicable to the R-9 Multiple-
Fam:B1 Dwelling District and to the procedures for a Special Use -
Planned Development and pursuant to the provisions and regulations
applicable to the B-2 Business District of the Village Zoning
Ordinance, to develop the Subject Property with single family
residences, multiple-family residences and commercial establish-
ments, in accordance with and pursuant to a certain plan of
development known as Hawthorn Site Plan, a copy of which proposed
plan of development, dated March 14, 1973, and marked "Exhibit B"
is attached hereto and made a part hereof; and,
WHEREAS, the Developer, after full considerat:i.on, recognizes
the many advantages and benefits resulting from the inclusion of
the proposed development as an integral part of the Buffalo Grove
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consideration, have concluded that the annexation of said real
estate to the Village on the terms and conditions hereinafter
set forth would further the growth of the Village, enable the
Village to control the development of the area and subserve the
best interest of the Village; and
WHEREAS, pursuant to notice as required by Statute and
Ordinance, public hearings were held by the Plan Commission of the
Village on the requested zoning classification on Parcel lA in the
B-2 Business District, with a variation to allow said classification
in an area of less than four (4) acres, 1B in the B-2 Business Dis-
trict and Parcel 2 in the R-9 Multiple-Family Development and
the approval and granting of a special Use-Planned Unit Development
with respect to Parcel 2, and recommendations made by said Commission
were submitted to the Corporate Authorities; and
WHEREAS, pursuant to -the provisions of Section 11-15.1-1, et
seq, of the Illinois Municipal Code (Chapter 24, Illinois Revised
States, 1971) a proposed Annexation Agreement in substance and in
form the same as this Agreement was submitted to the Corporate
Authorities and a public hearing was held thereon pursuant to notice
as provided by statute.
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein contained, IT IS HEREBY
AGREED AS FOLLOWS:
1. Statute: This Agreement is made pursuant to and in
accordance with the provisions of Section 11-15.1-1, et .seq.
of the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes, 1971) .
2. Annexation Petition: The Developer has filed with the
Village Clerk, a proper Petition conditioned on the execution of
this Agreement with the terms and provisions contained herein, to
annex the Subject Property to the Village of Buffalo Grove.
3. Annexation: The Corporate Authorities, immediately upon
4. Zoning: Immediately after the passage of the Ordinance
annexing the Subject Property, as provided in Paragraph 3 hereof,
the Corporate Authorities shall adopt the proper ordinance or
ordinances zoning and classifying Parcel lA in the B-2 Business
District with the appropriate variation to allow said classifi-
cation in an area of less than four (4) acres, 1B in the B-2 '
Business District, provided, however, only one (1) gasoline service
station may be constructed (on either Parcel lA or 1B) and Parcel 2
in the R-9 Multiple-Family Dwelling District and shall approve
the general plan of development of the entire Subject property
(Preliminary Planned Unit Development Plan - "Exhibit B" attached
hereto and made a part hereof) comprised of a total of 1234 dwell-
ing units including 424 townhouse dwelling units and 522 multiplex
condominium units and 288 ccn dominium/apartment units and shall
cause such approvals to be evidenced by the adoption of an
ordinance granting a Special Use - Planned Development and such
other ordinances, resolutions or other action as may be required
by the applicable ordinancesof the Village. Upon request for
development of each B-2 parcel, Developer agrees to submit a
final site plan to the appropriate governing authority of the
Village of Buffalo Grove, Illinois, for their review and approval.
5 . Final Plats and Dedication: The Corporate Authorities
further agree to approve the final Planned Unit Development Plans
of units or phases of Parcels 1A, 1B and 2 and plats of subdivision
thereof and including the schedule of development building plans,
elevations and other supporting data when submitted by the
Developer, provided each final plans and plats substantially conform
to the Preliminary Planned Unit Plan ("Exhibit B") , the terms of this
Agreement and all applicable Village ordinances and rules and
regulations thereunder in effect as of the date hereof as amended,
modified or varied by the terms hereof or as indicated on the
attached Exhibits or provided that any variation therefrom has
been mutually agreed upon, and provided further that the
Developer has performed its obligations to the date of submission
of such final plans and plats in accordance with the terms hereof.
Village agrees to accept the dedication of all public areas con-
structed to Village Ordinances upon request of Developer in the
units or phases as set forth in the Preliminary Planned Unit
Development Plan ("Exhibit B") . All areas of the Subject Property
to be dedicated for public use, as indicated on Exhibit B, shall
be conveyed to Village, but in any event not latEr than five years
from the date hereof.
b. Restrictive Covenant: With respect to Parcel 2, it is
understood and aged that a Declaration of Restrictive Covenants
shall be recorded against said real estate which shall be .binding
on subsequent owners and which shall provide for a not-for-profit
owners association which shall hold title to and be responsible
for the maintenance and repair of all common areas, (except certain
dedicated areas including but not limited to strets and Recreational
facilities, utilities and public utility easements which are to be
dedicated to the Village and which are so designated on the Preliminary
Planned Unit Development Plat - "Exhibit B") including drives,
walks and landscaped open areas and which shall have the power to
levy assessments to provide funds to carry out its responsibilities.
In the event the home-owners ' association does not properly discharge
its responsibilities under this Paragraph, the Village, following
ten (10) days written notice, and the failure of the home-owners '
association to rectify said deficiency, may enter upon the premises,
perform the necessary work and assess the cost of said work against
the then owner (s) of the property and/or the home-owners ' association.
Village shall have the right to review and approve within a thirty-
day period after delivery the restrictive covenant prior to the time
said covenant is recorded.
7 . Amendments: It is recognized by the parties that,
because of the size of the proposed development and the time re-
quired for its completion, changes in market demand may occur
during the period of development, necessitating modification in the
plan of development. It is further recognized that, under the
terms of the Village Zoning Ordinance, major changes in the Pre-
liminary Plan Unit Development ( "Exhibit B") would require sub-
mission of an amended plat or plats and approval by the Corporate
Authorities who agree that such approval will not be unreasonably
withheld so long as such amended plats do not significantly alter
the basic intent provided for in the present Preliminary Planned
Unit Development Plan, nor adversely affect the character and
quality of the development or render any portion of the development
incompatible with other portions of the surrounding area. For pur-
poses of definition, the basic intent of the Preliminary Planned
Unit Development Plan is that as long as• the maximum number of 1234
units is not exceeded, the Developer has the right to change or
replace townhouse dwelling units, multiplex condominium and/or
condominium/apartments into any combination of townhouse dwelling
units, multiplex condominiums and/or condominium-apartments.
Provided, however, that developer shall construct a minimum of
20.26/ (250 units) multiplex condominiums, 16.21/ (200 units)
townhouse dwelling units, 6.48/ (80 units) condominium/apartments. .
However, in the event the total number of units is less than 1234
for purposes of determining minimum number of units in each classi-
fication, the percentages as noted above shall apply. It is further
understood that the bedroom mix in "Exhibit B" is only the estimated
projection of Developer and that Developer shall have exclusive
right to vary, alter, amend, add to or reduce the total number of
bedrooms and/or the bedroom mix. Maximum height of any building will
not exceed 66 feet from street grade level.
B. Sewer: The Developer shall construct and install a
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said system of sewers serving the Subject Property, except for
service connections to individual developments, shall be dedicated
to the Village and become part of the Village sanitary sewer
system, and maintained by the Village. The Developer agrees to
pay the connection fees provided for in the contract between the
Village and Lake County pertaining to said sewer system and the
sanitary sewer service provided thereby and to comply with all
other applicable provisions thereof. The Village hereby agrees
to waive the Village sewer tap-on fees for the Development as pro-
vided for in Village of Buffalo Grove Ordinance 70-9. The
Corporate Authorities further agree to cooperate with the Developer
in obtaining such permits from governmental agencies having
jurisdiction as may be necessary to authorize connections from the
proposed development to the Village system.
9. Water: Developer agrees to pay to the Village a water
tap-on fee in the amount of $150 per dwelling unit where there are
three or more units per building, and a tap-on fee in the amount
of $200 per dwelling unit where there are two or less units per
building. The Village hereby agrees to waive the $2, 000 per acre
tap-on fee for the commercial property for the development as pro-
vided for in Village of Buffalo Grove Ordinance 72-26.
10. Recapture: It is further understood and agreed that a
portion of the systems of sanitary sewers and water to be con-
structed and installed by the Developer to serve the proposed
development of the Subject Property may be so located as to bene-
fit neighboring properties not owned by Developer by making sani-
tary sewer and water service available thereto. In such event,
the Corporate Authorities agree to adopt an ordinance and to take
such other action as may be necessary to permit the Developer to
recapture that portion of the cost of the construction and the in-
stallation of such sewers and water system in a proportionate amount
from such neighborina property owners who may be so benefited. Both
11. Park and Schools: Developer agrees to make available to
the Aptakisic-Tripp School District #102 the land as shown on
Planned Unit Development Plan ( "Exhibit C") . The agreement be-
tween the Aptakisic-Tripp School District #102 and Developer is
set forth on Exhibit E attached hereto and made a part hereof.
Said Exhibit C also delineates the additional lands made available
as open recreational space as defined by Buffalo Grove resolution
72-35. Developer agrees that the land as shown on "Exhibit C" must
satisfy all requirements of the Village of Buffalo Grove resolution
72-35.
12. Ordinance Amendments: All ordinances of the Village of
Buffalo Grove relating to flood plains, storm drainage, utilities,
subdivision controls, zoning, official plan and building, housing
and related restrictions in effect as of the date hereof, or in
the case of a housing code, as it may be subsequently adopted, and
as modified bythe terms hereof, shall, insofar as they apply to
the land which is the subject of this Agreement, continue in effect
during the full five-year effective term of this Agreement, which
term shall commence as of the date hereof, except with the mutual
consent of the parties, but with the exception of regular up-dating
amendments to the BOCA Code, the SBOC Codes, the National Electric
Code, the A.I.A. Fire Prevention Code supplemented by the N.F.P.A.
volumes, and other similar codes applicable to the development of
the subject property, by the authors of said codes, with the
further exception that the Village shall be permitted to raise
sewer and water rates in accordance with the current bond ordinances
and contract with the Lake County Department of Public Works.
13. More Restrictive Requirements: If during the term of
this Agreement, the provisions of the existing Village ordinances,
codes or regulations which may relate to or affect the zoning, sub-
division, development, construction of improvements, or appurtenances
�-k A7 Irr l of M"N7 lci nr9 " Inrl imon SA 1 C3
restrictive requirements in the development, subdivision or con-
struction referred to therein, then such more restrictive re-
quirements shall not be effective as applied to said property
unless such amendment or modification is agreed to in writing by
the Developer. The Developer agrees to comply with the regular
up-dating amendments to the BOCA Code, the SBOC codes and -other
similar applicable codes to the development of the subject pro-
perty by the authors of said codes.
14. Less Restrictive Requirements: If during the term of
this Agreement, any existing, amended, modified or new ordinances,
codes or regulations affecting the zoning, subdivision, development,
construction of improvements, buildings or appurtenances, or any
other development of any kind or character upon said property are
amended or modified in a manner so as to impose less restrictive
requirements on development, of, or construction upon, properties
within the Village generally, then the benefit of such less
restrictive requirements shall inure to the benefit of the
Developer, and anything to the contrary contained herein notwith-
standing, the Developer may elect to proceed with respect to the
development of, or construction upon, said property upon the less
restrictive amendment or modification applicable generally to all
properties within the Village.
15. Village Entry: The Village shall have the right and
authority to enter upon private portions of its streets and the
premises for the purpose of enforcing all Village ordinances and
State statutes.
16. Streets : Developer agrees that all streets shall
comply with Village standards as set forth in "Exhibit F"
with the exception that private streets can be constructed without
curb and gutter; but with stabilized aggregate shoulders, and side-
walks and in accordance with "Exhibit D" attached hereto, with the
further exceptions that East-West dedicated road shall be a sixty
(60) foot right-of-way with off-centered road placement and side-
walks on one side.
17 . Term: In the event that the proposed development of
the Subject Property, as depicted on "Exhibit B", is not sub-
stantially under construction at the expiration of five (5) years
from the date hereof, then that portion of the property not then
substantially under construction shall revert to and be reclass-
ified to the R-8 zoning classification in the Village of Buffalo
Grove.
18. Park District: The Developer agrees, at the request
of the Buffalo Grove Park District, to annex any part or all of
the Subject Property to said Park District.
19. Severabilit : If any provision of this Agreement is
held invalid, such provision shall be deemed to be excised there-
from and the invalidity thereof shall not affect any of the other
provisions contained herein.
20. Water Supp,lV and Distribution System: Developer pro-
poses to construct a water supply and distribution system, which
shall be adequate to serve the Subject Property consisting of a
Mt. Simon well of minimum finished diameter of 1211, Electric Driven
Well pump, a 1, 000, 000 gallon buried concrete reservoir, and pump-
ing station of capacity 2700 gallons per minute. Developer, upon
completion of each segment, agrees to sell said well, water
storage, off-site water main, and on-site oversizing system to the
Village and the Corporate Authorities agree to purchase in seg-
ments said additions pursuant to installment contracts at a pur-
chase price equal to the actual costs involved for said additions
and payable in five (5) annual installments together with interest
on the balance remaining from time to time unpaid at the rate of
Developer and Village shall be agreed upon by Village and Developer.
Village agrees to inspect each item to which this paragraph refers
within thirty (30) days of completion and agrees to purchase each
item upon approval thereof, which approval shall not be unreason-
ably withheld. Village shall have the right to review and approve
specifications and contracts for well and storage facilities and
the further right to review and approve or reject bids thereon.
Developer agrees that this water system shall comply with Village
standard as set forth in "Exhibit F" .
21. Signs: The Developer shall have the right to construct
signs on the property for purposes of advertising the development.
However, Developer shall construct said signs in conformance with
the provisions of the Buffalo Grove, Illinois sign ordinance except
the Village agrees to grant variances, if. any, to grant the
Developer the right to construct three (3) 400 sq. ft. signs not to
exceed twenty (20) feet in height.
22. It is agreed by the parties hereto that time is of the
essence of this Agreement, and that all parties shall make every
reasonable effort, including the calling of special meetings to
expedite the subject matter hereof, including the approval of
succeeding portions of the total planned development as they are
presented to the Village' s administrative authorities; it is further
understood and agreed by the parties that the successful consumma-
tion of this Agreement and the development of the Subject Property
in a manner in the best interest of all parties requires their
continued cooperation; and the Developer does hereby evidence its
intention to fully comply with all Village requirements, its will-
ingness to discuss any matters of mutual interest that may arise,
and its willingness to assist the Village and to meet all reason-
able requests of the Village to the fullest extent possible, the
Corporate Authorities do hereby evidence their continued coopera-
tion in the resolution of mutual problems and their willingness to
-11—
facilitate the development of the Subject Property as contemplated
by the provisions hereof within the limitations imposed on them
by the responsibilities of their offices and the laws of this
State and the ordinances of the Village.
23. Benefit: This Agreement shall be binding upon the
parties hereto, their respective successors and asigns.
24. Fees: The Corporate Authorities hereby represent and
agree that all fees or charges relating to the annexation, zoning,
development and construction of this tract are specifically set
forth in this Agreement; that the same shall not be increased
(except as otherwise provided herein) or supplemented during the
term of this Agreement, and that there will be no new charges or
fees levied or imposed for the annexation, zoning, development or
construction of this tract during the term of this Agreement.
The parties agree that building permit fees may be increased from
time to time (but not more than 5% in any one year) in an amount
not to exceed an aggregate increase over the term of this Agreement
of 25% over the current fee at the time this Annexation Agreement
takes effect as long as said building permit fees are applied
consistently to all building permit applicants throughout the
Village.
IN WITNESS WHEREOF, the Corporate Authorities and Developer
have caused this instrument to be executed by their respective
appropriate officers thereunder, duly authorized, and their
It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part
of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements
of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,
representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said
Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically
described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at
any time be asserted or enforceable against the Chicago Title and Trust Company or any of the beneficiaries under said Trust
Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or
agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being