1973-040 ORDINANCE NO. 73 -<�D
AN ORDINANCE AUTHORIZING THE EXTENSION OF ANNEXATION
AGREEMENT DATED AUGUST 26, 1968 , BY AND BETWEEN THE
VILLAGE OF BUFFALO GROVE, ILLINOIS, EXCHANGE NATIONAL
BANK, AS TRUSTEE, TRUST 21405 AND CHICAGO TITLE AND
TRUST CO. , TRUSTEE, TRUST 51364 .
WHEREAS , the Annexation Agreement hereinabove Cescribed
in the title hereof will by its terms expire August 26, 1973 ,
and
WHEREAS, Sections 11-15 . 1-1 et seq. , Chapter 24 , Illinois
Revised Statutes 1971, authorizes the extension of an Annexation
Agreement by mutual consent of the parties , and
WHEREAS, the parties to the Agreement, their successors and
assigns all deem it to their best interests to extend the Agree-
ment for a period of one year from August 26 , 1973 .
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 president and Clerk are hereby authorized
and directed to execute an Agreement extending for one year from
August 26 , 1973, the Annexation Agreement dated August 26 , 1968 ,
by and between the Village of Buffalo Grove, Exchange National
Bank, as Trustee under Trust #E21405 and Chicago Title and Trust
Company, Trustee under Trust #r51364 . Said extension to be
effective with respect to the successors and assigns of the
Agreement as well as the original parties thereto.
SECTION 2 . The original Agreement shall be extended to and
including August 26 , 1974 , as per copy of Extension Agreement
attached hereto and made a part hereof as Exhibit A.
SECTION 3. This Ordinance shall be in full force and effect
from and after its passage and approval according to law.
AYES NAYES ABSENT o�
PASSED �_ 1973 .
APPROVED (} , 1973 .
APPROVED • t 1\ , ;
j Village'-\President
ATTEST:
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EXTENSION AGREEMENT
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THIS AGREEMENT, made and entered into this 20th day
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of August, 1973, between the VILLAGE OF BUFFALO GROVE, a
Municipal Corporation of the Counties of Cook and Lake in the
State of Illinois, hereinafter referred to as the "VILLAGE" , and
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MILLER BUILDERS, INC. , an Illinois corporation, and CHICAGO TITLE
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AND TRUST COMPANY, Trustee under Trust Number 56584, hereinafter
referred to as the "OGAINERS" ,
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W I T N E S S E T H
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WHEREAS, the OWNERS are the successors in interest
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and record title holders. of the real property which is the
subject of a certain Annexation Agreement between the VILLAGE
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and the, EXCHANGE NATIONAL BANK, Trustee under Trust Number i
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21405 , and the CHICAGO TITLE AND TRUST COMPANY, ' Trustee under
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Trust Number 51364, dated August 26 , 1968 ; and }
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, WHEREAS, the said Annexation Agreement, by its terms, 1
expires on the 26th day of August, 1973 ; and
WHEREAS, the OWNERS have delayed making application
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for certain building permits and finalizing plats of subdivision i
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prepared pursuant to the terms of said Annexation Agreement, at
the request of the corporate authorities of the VILLAGE , to the
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point where certain benefits intended by the parties Fo accrue
to OWNERS through said Annexation Agreement might expire; and j
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WHEREAS, it is understood that the Villa__.
that OWNERS are liable for sewer and water fees and char ,.!3y
suant to certain ordinances adopted subsequent to August 26 , 06
and OWNERS maintain that they are not subject to same , and i •- is
the intention of the parties that this extension agreement
not imply that either party has waived its position or its rig}its
with respect thereto; and
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4 WHEREAS, the continued development of said property in .
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conformity with the provisions of and for the purposes stated in
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said Annexation Agreement will inure to the benefit and improve-
ment of the VILLAGE in that it will increase the taxable value of
the real property within its corporate limits , will increase the
number of persons who shall be counted for the -purpose of obtain-
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ing State Motor Vehicle Tax Funds by the VILLAGE, and further pro- ' �
mote the sound planning and development of the VILLAGE, and will
� otherwise enhance and promote the general welfare of the people
of the VILLAGE; j
NOW THEREFORE, the parties hereto agree as follows : f
1 . OWNERS agree that in construction of any buildings
and installation of any improvements upon the premises which are
the subject of the said Annexation Agreement, they will be bound
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by any updating of the existing Boca Code, Illinois Plumbing Code, j
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Suburban Building Officials Code, National Electric Code 1971
Edition, and the AIA. Fire Prevention Code, supplemented by NFPA
Volumes, or any modifications thereof.
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2 . The Annexation Agreement dated August 26 , 1963' !
between the VILLAGE and the OWNERS ` predecessors in interest,
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to
and provisions is hereby extended as
and all of its terms
herein modified, for a period of one year, to August 26 , 1974 .
VILLAGE OF BUFFALO GROVE
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Village Clerk ( '
;! MILLER BUILDERS, INC.
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+, President
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ATTEST:
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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 perbonally 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
expressly waived and released.
FORPA 11 R10-71
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