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2022-04-18 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone:847-459-2500 A. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Mar 21, 2022 7:30 PM B. Village Board - Committee of the Whole - Apr 4, 2022 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1340 (Trustee Weidenfeld) (Staff Contact: Chris Black) 4. Village President's Report A. Discussion Regarding Humanitarian and Community Support for Eastern Europe (President Sussman) (Staff Contact: Evan Michel) 5. Village Manager's Report A. Police Department's Therapy Dog - Gus (Trustee Stein) (Staff Contact: Steven Casstevens) B. Special Olympics Presentation (Trustee Smith) (Staff Contact: Steven Casstevens) 6. Special Business A. Public Hearing- Annexation Agreement for 22405 & 22371 Prairie Road (Trustee Pike) (Staff Contact: Nicole Woods) 7. Reports from Trustees 8. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). A. Proclamation Recognizing Arbor Day (Trustee Stein) (Staff Contact: Michael Skibbe) SUMMARY: Designates Friday, April 29, 2022 Arbor Day in Buffalo Grove. The Proclamation is one of four criteria to qualify for the Tree City U.S.A. Award. B. 0-2022-39 Ordinance Authorizing the Waiver of Bids to Purchase Street Sweeper Repairs (Trustee Stein) (Staff Contact: Tom Wisniewski) SUMMARY: Staff requests Board approval to waive bids and authorize the Village Manager to purchase sole source street sweeper repair services from E.J. Equipment Inc for the repairs to Street Sweeper 438 in an amount not to exceed $28,540.16 pending review and approval by the Village attorney. C. 0-2022-40 Ordinance Authorizing the Waiver of Bids to Purchase a MAKO Air Compressor (Trustee Johnson) (Staff Contact: Tom Wisniewski) SUMMARY: Staff requests Board approval to waive bids and authorize the Village Manager to make a sole source purchase of a Mako Air Compressor from Air One Equipment in an amount not to exceed $62,035.00 pending review and approval by the Village attorney. D. 0-2022-41 Amendment to the Class G4 Special Event Liquor License (President Sussman) (Staff Contact: Jessie Brown) SUMMARY: Amendment to the Class G4 Special Event Liquor License by increasing the limitation on the number of licenses from two to six. E. 0-2022-42 Liquor License Reservation- Axel's Bistro Cafe at 131 Dundee Road (President Sussman) (Staff Contact: Jessie Brown) SUMMARY: A Class A liquor license is reserved for Axel's Properties, LLC d/b/a Axel's Bistro Cafe at 131 Dundee Road. This reservation is subject to the applicant completing Village requirements for said license on or before July 18, 2022. F. 0-2022-43 Certificate of Initial Acceptance and Approval: NCH Outpatient Care Center Development Improvements (Trustee Johnson) (Staff Contact: Darren Monico) SUMMARY: Attached is the Certificate of Initial Acceptance for the NCH Outpatient Care Center development located at 15 S. McHenry Road. Staff recommends approval to begin the one year maintenance period on April 18, 2022. G. Authorization to Bid Village Hall Facility Improvements (Trustee Weidenfeld) (Staff Contact: Tom Wisniewski) SUMMARY: Staff seeks authorization to bid Village Hall Facility Improvements as detailed in the attached memo. H. R-2022-3 Resolution Relating to the Semi -Annual Review of Closed Session Minutes (Clerk Sirabian) (Staff Contact: Dane Bragg) SUMMARY: The Corporate Authorities of the Village determine that the need for confidentiality still exists with regard to the following approved minutes: October 18, 2021 and November 1, 2021. 9. Ordinances and Resolutions A. 0-2022-44 Ordinance Providing for Compensation of the Village Manager (President Sussman) (Staff Contact: Dane Bragg) B. 0-2022-45 Ordinance Approving an Annexation Agreement for the Property at 22405 & 22371 Prairie Road (Trustee Pike) (Staff Contact: Nicole Woods) C. 0-2022-46 Ordinance Annexing the Property at 22405 & 22371 Prairie Road (Trustee Pike) (Staff Contact: Nicole Woods) D. 0-2022-47 Ordinance Approving a Rezoning to R4 for the Property at 22405 & 22371 Prairie Road (Trustee Pike) (Staff Contact: Nicole Woods) 10. Unfinished Business 11. New Business A. Avalon Crossing Development Improvement Agreement (Trustee Johnson) (Staff Contact: Darren Monico) B. Pre -Application Discussion- 41 S McHenry (NCH Outlot) (Trustee Johnson) (Staff Contact: Chris Stilling) C. Agreement Between Village of Buffalo Grove, Buffalo Grove Park District, and the Buffalo Grove Lincolnshire Chamber of Commerce for a Business and Craft Fair at Buffalo Grove Days 2022 (Trustee Stein, Trustee Ottenheimer) (Staff Contact: Michael Skibbe) D. Refer Kensington's Development of the Clove Back to the May 18, 2022 PZC Meeting (Trustee Johnson) (Staff Contact: Chris Stilling) 12. Questions From the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 13. Executive Session A. Executive Session - Section 2(C)(5) of the Illinois Open Meetings Act: (5) the Purchase or Lease of Real Property for the Use of the Public Body, Including Meetings Held for the Purpose of Discussing Whether a Particular Parcel Should be Acquired. (President Sussman) (Staff Contact: Dane Bragg) 14. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. 2.A MINUTES OF THE REGULAR MEETING OF THE VILLAGE PRESIDENT & BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, MONDAY, MARCH 21, 2022 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Stein, Ottenheimer, Weidenfeld, Johnson, Smith, and Pike. d Also present were: Mike Skibbe, Deputy Village Manager/Director of Public Works; Patrick Brankin, Village r__ Attorney; Chris Stilling, Deputy Village Manager; Katie Golbach, Human Resource Management Analyst; Chris 2 Black, Director of Finance; Evan Michel, Management Analyst; Darren Monico, Village Engineer; Tom o Wisniewski, Buyer; Geoff Tollefson, Director of Golf Operations; Fire Chief Baker; and Deputy Police Chief Szos. o a a APPROVAL OF MINUTES Q Moved by Johnson, seconded by Ottenheimer, to approve the minutes of the February 22, 2022, Rescheduled Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. Moved by Weidenfeld, seconded by Smith, to approve the minutes of the March 3, 2022, Special Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. Moved by Ottenheimer, seconded by Johnson, to approve the minutes of the March 7, 2022, Committee of the Whole Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. WARRANT #1339 Mr. Black read Warrant #1339. Moved by, seconded by, to approve Warrant #1339 in the amount of $4,483,003.93 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. There is no Village President's report tonight. VILLAGE PRESIDENT'S REPORT Packet Pg. 4 2.A VILLAGE MANAGER'S REPORT Mr. Monico noted that the Village of Buffalo Grove has been selected to receive the Asset Management Award from the Chicago Metro Chapter of the American Public Works Association, details of which are contained in his memo to Mr. Bragg of March 15, 2022. This award is presented to communities that realize advancement in their Asset Management (AM) system. After reviewing their credentials, Chief Baker presented Firefighter/Paramedic badges from the Buffalo Grove Fire Department to Timothy Kaplan and Michael Gleeson. FF/PM Kaplan had his badge pinned on by his wife, and FF/PM Gleeson had his badge pinned on by his mother, as they were congratulated and welcomed by the audience and the Board. Both gentlemen thanked the Board and the community for the opportunity to serve the residents of Buffalo Grove. Chief Baker reviewed the life-savine water rescue that took place on February 2, 2022, and conducted Company Citation presentations for the personnel that were involved in the event: Shawn Collins, Ron Two Bulls, Steve Rusin, Kyle Dalton, Dennis Quill, Scott Renshaw, Brian Potesta, Tyler Peterson, Austin Easton, Adam Schroeder, and Chad McCormick. All firefighter personnel were thanked and congratulated by the audience and the Board. Mr. Stilling presented an update on Village Property Maintenance standards, after which he answered questions from the Board. There are no reports from Trustees tonight. CONSENT AGENDA REPORTS FROM TRUSTEES President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion; there were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Proclamation — Earth Hour Motion to approve a Proclamation recognizing Earth Hour on March 26, 2022, from 8:30-9:30 P.M. Shoreline Stabilization Motion to authorize bid for Shoreline Stabilization as detailed in the memo contained in Board packets. Contract Extensions Motion to approve contract extensions with the following vendors: • The second contract option with Lauterbach and Amen for audit services at a not -to -exceed amount of $33,550. • The third and final year contract option with Consulting Engineering, Inc. for leak detection services on an as -needed basis. • The second and final two-year contract option with Hillside Auto Body for Towing Services. This is a pass thru charge and does not have a negative impact on the budget. • The first two-year contract option with Fire Safety Consultants Inc, for third -party plan review. This is a pass thru charge and does not have a negative impact on the budget. Resolution No. 2022-2 — 2022 Zoning Map Motion to pass Resolution No. 2022-2 adopting the Village's Zoning Map as pursuant to State Statute. d c 0 �a 0 a a a Packet Pg. 5 2.A Ordinance No. 2022-34 — Elevator Repairs Motion to pass Ordinance No. 2022-34, authorizing the Waiver of Bids for Arboretum Golf Course Elevator repairs in amount not to exceed $29,250.00. Moved by Weidenfeld, seconded by Smith, to approve the Consent Agenda as presented. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2022-35 — CARTEGRAPH SYSTEMS Moved by Stein, seconded by Weidenfeld, to pass Ordinance No. 2022-35, authorizing execution of an Agreement with Cartegraph Systems, LLC, and the Village of Buffalo Grove for Software Support Services for a total three -and -a -half -year price in a not -to -exceed amount $242,373.90 pending review and approval by the Village Attorney and in accordance with materials contained in Board packets. Mr. Wisniewski reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of March 1, 2022, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2022-36 — WATER ANALYTICS Moved by Stein, seconded by Weidenfeld, to pass Ordinance No. 2022-36, approval of the McKim & Creed water analytics agreement for maintenance, software, and analytics through water sensors, subject to review and approval by Village Attorney and in accordance with materials contained in Board packets. Based upon the scope of work the total value of this contract is a not -to -exceed amount of $247,480.00. Mr. Skibbe reviewed the proposed ordinance, details of which are contained in Mr. Johnson's memo to Mr. Bragg of March 17, 2022, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO.2022-37 — STORMWATER & STREET DESIGN Moved by Stein, seconded by Johnson, to pass Ordinance No. 2022-37, authorizing the Village Manager to execute a design engineering contract with Gewalt Hamilton Associates for the Northwood Subdivision, subject to review and approval by Village Attorney with a not -to -exceed amount of $459,000.00, and in accordance with materials contained in Board packets. Mr. Monico reviewed the proposed ordinance, details of which are contained in Mr. Johnson's memo to Mr. Skibbe of March 16, 2022, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None d c 0 �a 0 a a a Packet Pg. 6 2.A Motion declared carried. ORDINANCE NO. 2022-38 — NETWORK INFRASTRUCTURE IMPROVEMENTS Moved by Smith, seconded by Johnson, to pass Ordinance No. 2022-38, authorizing the Village Manager to purchase network equipment and support services in an amount not to exceed $246,716.10 from Paragon Micro. Mr. Wisnewski reviewed the proposed ordinance, details of which are contained in Mr. Robinson's memo to Mr. Bragg of March 14, 2022, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. UESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda. EXECUTIVE MEETING Moved by Stein, seconded by Smith, to move to Executive Session to discuss: Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine Its Validity and Section 2(C)(21) of the Illinois Open Meetings Act: Discussion of Minutes of Meetings Lawfully Closed Under This Act, Whether for Purposes of Approval by the Body of the Minutes or Semi -Annual Review of the Minutes as Mandated by Section 2.06. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. The Board moved to Executive Session from 8:15 P.M. until 9:10 P.M. ADJOURNMENT Moved by Weidenfeld, seconded by Smith, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The Regular Meeting was adjourned at 9:12 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 18th DAY OF April 2022 Village President Q Packet Pg. 7 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE PRESIDENT & BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS AT VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, MONDAY, APRIL 4, 2022 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Stein, Weidenfeld, Johnson, Smith, and y Pike. Trustee Ottenheimer was absent. 3 c Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Chris Stilling, Deputy 5 Village Manager; Mike Skibbe, Deputy Village Manager/Director of Public Works; Chris Black, Finance o Director; Art Malinowski, Director of Human Resources; Evan Michel, Management Analyst; Nicole Woods, Community Development Director; Kyle Johnson, Assistant Director of Public Works; Darren Monico, Village o Engineer; Brett Robinson, Administrative Services Director; Police Chief Casstevens; and Fire Chief Baker. Q- a Q The Committee of the Whole Meeting consisted of staff reports and Board discussion on the listed topics, with 2 staff answering questions from the Board on each topic. a PROJECT FIRE BUDDIES Chief Baker presented a brief background and history of Project Fire Buddies. Kurt DeGroot and FF/PM Mike Manka, further detailed the program and provided a video presentation regarding the program, as well as their own experiences as firefighters that led them to be a part of this program. The Fire Department is going to launch a Buffalo Grove chapter of Project Fire Buddies. Project Fire Buddies currently has 16 chapters, and the Buffalo Grove chapter is the first in Northern Chicagoland. The organization works with local schools, police departments, and community members to identify children with serious illnesses. The department and its firefighters make the child an honorary firefighter, visit with their fire buddies at home, play games, read books, bring gifts for special occasions, and show the kids just how special they are. It is hoped that this goal may be accomplished through corporate sponsorships, contributions, and donations. Both gentlemen then answered questions from the Board. ASSISTANT DIRECTOR OF PUBLIC WORKS Mr. Skibbe introduced and welcomed Jim Warnstedt as the new Assistant Director of Public Works for the Village of Buffalo Grove. Mr. Warnstedt thanked the Village for welcoming him and noted that he is looking forward to becoming a part of the staff that services the residents of Buffalo Grove. AWPA AWARD PRESENTATION Mr. Monico reviewed the awards received by Buffalo Grove from the American Public Works Association, details of which are contained in his memo to Mr. Bragg of March 29, 2022. The Commendation for Exemplary Service to Public Works was awarded to Dane Bragg; the Professional Manager of the Year Award — Transportation was awarded to Scott Fontanez; and the Professional Manager of the Year Award — Water Resources was awarded to Dave Haisma. Packet Pg. 8 2.B Mr. Bragg thanked Mr. Monico for his leadership, and the entire Public Works team for their efforts in working together to make these awards possible. SNOW & ICE WRAP UP Referring to a PowerPoint presentation, Mr. Johnson reviewed the snow and ice control program as the 2021- 2022 winter season comes to an end. ETHICS COMISSION Mr. Bragg reviewed his memo to the Board of March 31, 2022, regarding the policy question as to whether the Village Board should consider expanding the responsibilities of the Ethics Commission. After Board discussion, it was determined that an ordinance amending Section 2.49 of the Municipal Code will be prepared for Board discussion. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions. EXECUTIVE MEETING Moved by Weidenfeld, seconded by Smith, to move to Executive Session to discuss: Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine Its Validity and Section 2(C)(5) of the Illinois Open Meetings Act: (5) the Purchase or Lease of Real Property for the Use of the Public Body, Including Meetings Held for the Purpose of Discussing Whether a Particular Parcel Should be Acquired. Upon roll call, Trustees voted as follows: AYES: 5 — Stein, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None ABSENT: 1 — Ottenheimer Motion declared carried. The Board moved to Executive Session from 8:22 P.M. until 10:44 P.M. ADJOURNMENT Moved by Smith, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:45 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 1811, DAY OF April 2022 Village President N d 3 c 0 �o 0 a a Q Packet Pg. 9 3.A Action Item : Approval of Warrant #1340 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. TOTAL WARRANT #1340 $4,643,606.57. ATTACHMENTS: • 1440 warramt summary (PDF) Trustee Liaison Weidenfeld Monday, April 18, 2022 Staff Contact Chris Black, Finance Updated: 4/14/2022 3:35 PM Page 1 Packet Pg. 10 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1440 18-Apr-22 General Fund: 738,304.95 Parking Lot Fund: 0.00 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations: 0.00 Lake Cook Rd TIF Fund: 25,923.65 Capital Projects -Facilities: 16,588.85 Capital Projects-Vehicles/Equipment: 10,437.61 Capital Projects -Streets: 118,829.43 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 865,008.32 Buffalo Grove Golf Fund: 109,743.43 Arboretum Golf Fund: 315,684.76 Refuse Service Fund: 74,927.00 Information Technology Internal Service Fund: 201,768.78 Central Garage Internal Service Fund: 66,343.63 Building Maintenance Internal Service Fund: 112,608.57 2,656,168.98 PAYROLL PERIOD ENDING 03/27/2022 996,898.27 PAYROLL PERIOD ENDING 04/10/2022 990,539.32 1,987,437.59 TOTAL WARRANT #1440 4,643,606.57 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 11 4.A Information Item : Discussion Regarding Humanitarian and Community Support for Eastern Europe ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends discussion. Staff will present an overview of the actions that other municipalities and community groups have taken to support those who have been affected by the events in Eastern Europe. Trustee Liaison Sussman Monday, April 18, 2022 Staff Contact Evan C Michel, Office of the Village Manager Updated: 4/13/2022 10:17 AM Page 1 Packet Pg. 12 5.A Information Item : Police Department's Therapy Dog - Gus ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends presentation Chief Steven Casstevens and Police Social Worker Brittany Wilson will be introducing the department's new police therapy dog 'Gus.' ATTACHMENTS: Board Memo - Therapy Dog - Updated (PDF) Trustee Liaison Stein Monday, April 18, 2022 Staff Contact Steven Casstevens, Police Updated: 4/14/2022 3:11 PM Page 1 Packet Pg. 13 S.A.a VILLACE OF. BUFFALO G'ROVE, MEMORANDUM DATE: February 25, 2022 TO: Dane C. Bragg, Village Manager FROM: Deputy Chief Michael Szos/Steven R. Casstevens, Chief of Police SUBJECT: Police Department Therapy Dog The Buffalo Grove Police Department would like to publicly announce the addition of the agency's new therapy dog 'Gus'. The four-year old White Labrador Retriever Standard Poodle Mix will work with the department's Police Social Worker (PSW), Brittany Wilson, to make positive connections in the community. Therapy dogs assist with public relations and community engagement in addition to helping with victim's advocacy, mental health, and trauma response. The function of a therapy dog is to provide interaction and connection during stressful events. This interaction reduces anxiety and increases communication between victims/witnesses and the police department. This modality will provide comfort for people during times of crisis, and will provide aid and comfort to individuals, groups, and communities impacted by violence, tragedy or traumatic events. A therapy dog is also a highly effective tool for helping police officers and other first responders deal with the stress and impact of what they experience on the job daily. PSW Brittany Wilson first proposed the idea of adding a therapy dog to the police department in April 2018. She discovered a non-profit organization, KSDS Assistance Dogs, who would provide a fully trained therapy dog in addition to handler training at no cost. PSW Wilson received approval to submit her application and was placed on a waiting list. At the time it was projected she would have the dog in early 2021. Due to COVID and other factors, the original organization was unable to fulfill the request. PSW Wilson then connected with the Brevard County Sheriff's Office and applied for their therapy dog program. PSW Wilson was selected to attend the December Paws & Stripes® College Program in Cocoa Beach, Florida. This is a free program which was started by the Brevard County Sheriff's Office in 2006. It pairs trained and carefully selected jail inmates with shelter dogs who are specifically trained as law enforcement therapy dogs. All dogs selected receive basic obedience training and are screened for temperament and behavioral characteristics. The program is geared towards citizens that would benefit from the companionship of a canine friend. PSW Wilson attended the 40-hour advanced training course with Gus and became certified as a Nationally Registered Therapy Dog Team. PSW Wilson has received financial support from the Wheeling Target, food from Page's Healthy Paws in Lake Zurich, along with securing discounted veterinary services from the Animal Care Center at 600 McHenry Road, Buffalo Grove. In addition, TOPS Kennel in Grayslake has been very gracious and is continuing to work with PSW Wilson and Gus for continued training. Gus will be formally introduced at the April 18th Village Board meeting. A press release and social media post will also be distributed to advertise the therapy dog program. Packet Pg. 14 5.B Information Item : Special Olympics Presentation ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends presentation. The Special Olympics Illinois' Director of Development Katie Risley will making a presentation to the police department for their fundraising efforts from 2021. Trustee Liaison Smith Monday, April 18, 2022 Staff Contact Steven Casstevens, Police Updated: 4/12/2022 3:43 PM Page 1 Packet Pg. 15 6.A Information Item : Public Hearing- Annexation Agreement for 22405 & 22371 Prairie Road ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action The Village Board should open the public hearing and take any additional testimony concerning the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the annexation agreement, the public hearing can be left open until the Village Board takes final action on the agreement. Staff recommends that the Village Board approve the attached annexation agreement, subject to the final review and approval by the Village Attorney. THG Holdings is looking to redevelop 2 acres of unincorporated property at 22371 & 22405 N Prairie Road. The plan proposes to rezone the property into R4 residential district, resubdivide the property into six single-family lots for future single-family homes. The property is currently improved with two residential properties. ATTACHMENTS: • BOT Memo Regarding Public Hearing (DOCX) • Annexation Agreement (DOCX) • Exhibit B Plat of Annexation (PDF) • Exhibit C Plat of Dedication (PDF) • Exhibit E Conceptual Site Plan (PDF) • Exhibit D Plat of Subdivision (PDF) • Exhibit F Preliminary Engineering (PDF) • Exhibit G Landscape Plan (PDF) • Exhibit H Elevations and Renderings (PDF) • Exhibit I Sample DIA (DOCX) Trustee Liaison Pike Monday, April 18, 2022 Staff Contact Nicole Woods, Community Development Updated: 4/12/2022 3:29 PM Page 1 Packet Pg. 16 6.A.a BUFFALO . G DATE: April 14, 2022 TO: FROM SUBJECT Dane Bragg, Village Manager Nicole Woods, Director of Community Development Public Hearing Regarding an Annexation Agreement for 22371 & 22405 N Prairie Road BACKGROUND THG Holdings is looking to redevelop two acres of unincorporated property at 22371 & 22405 N Prairie Road. The property is currently improved with two residential properties. The plan proposes to rezone the property into R4 residential district, re -subdivide the property into six single-family lots for future single-family homes. As proposed, the project requires annexation with a rezoning to R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION On April 6, 2022, the PZC unanimously recommended approval of rezoning to R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS One resident came out during the Public Hearing on April 6, 2022 and expressed questions and concerns regarding the size of the proposed lots, overhead wiring, construction, and traffic and noise that would be generated by the construction of the project. Minutes and the staff report from the April 6, 2022 PZC meetings can provide further detail on public comment and information regarding the project. ANNEXATION AGREEMENT Attached for the Board consideration is a final annexation agreement reflecting the plans and conditions outlined in PZC application. Staff recommends approval subject to the terms and conditions identified in the attached annexation agreement and the proposed plan. The attached annexation agreement shall be subject to final review and approval by the Village Attorney. The following are some of the key terms of the draft annexation agreement: 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. The Developer shall pay a cash contribution to School Districts 102 and 125 in accordance with Title 19 of Village Code. The Developer shall pay an annexation fee of $1,500 per residential unit. ACTION REQUESTED The Village Board should open the public hearing and take testimony concerning the annexation agreement. Once all testimony has been received and the Village Board has discussed the terms of the annexation agreement, the public hearing can remain open until the annexation agreement is voted upon. Page 1 of 1 Packet Pg. 17 6.A.b 3/29/2022 I 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 day of , 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"). W ITN ESSETH: 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 EXHIBITA 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, Packet Pg. 18 6.A.b 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 Packet Pg. 19 6.A.b l: 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 Packet Pg. 20 6.A.b M 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 Applicable Ordinances. The Owner and Developer agree to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible 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 Packet Pg. 21 6.A.b 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 0 Village Manager is hereby authorized to approve such minor changes as he deems •L appropriate. a 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. Packet Pg. 22 6.A.b I 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 0 •L development to the Lake County Department of Public Works for the collection of sewage. a 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 N N Preliminary Engineering Plan may be required at the time of Final Engineering. Upon LO CO N installation and acceptance by the Village through formal acceptance action by the 0 Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept L any increase in sewer rates and tap on fees, provided that such fees and rates are applied a� 0 consistently to all similar users in the Village to the extent possible. x b. The Developer shall also construct any storm sewers which may be necessary 0 a to service the Property, in accordance with EXHIBIT F. It is understood, however, that •L changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. 2 11. Drainage Provisions. The Developer shall fully comply with any request of the a Village Engineer related to the placement of buildings on lots, to preserve drainage c standards. The Developer shall install any storm sewers and/or inlets which are required to d a eliminate standing water or conditions of excess sogginess which may, in the opinion of the o Village Engineer, be detrimental to the growth and maintenance of lawn grasses. X c 12. Intentionally Deleted. _ a 13. Payment of Recapture Fees Owed. Any amount of recapture required to be E paid by this Property is identified on Exhibit J and shall be due and payable to the Village at �a such time set forth in Exhibit J. a 14. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Packet Pg. 23 6.A.b 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. EXHIBITA 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 EXHIBITJ 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. Packet Pg. 24 6.A.b 17. Building, Landscaping 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 0 buildings. Lighting and signage shall be compatible with surrounding areas as approved by •L the Village. Phases not under construction or completed shall be maintained in a neat and a orderly fashion as determined by the Village Manager. The Village acknowledges that N Developer will be constructing semi -custom homes. The Sample Elevations and available 06 Lo options for homebuyers attached as Exhibit H shall not be deemed to limit or constitute the Co N elevations that shall be selected by homebuyers for the semi -custom homes to be 0 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 L a� the Village Manager approval by the Appearance Review Team (ARI). In no event shall Final a c 0 Elevations for each semi -custom home on the Property require approval by the Planning and x 0 Zoning Commission or the Village Board of Trustees provided consistent with this c Agreement. 18. Intentionally 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 a c donations. Developer agrees to make cash contributions to the Village for conveyance to d the Buffalo Grove Park District to fulfill the obligation of the Property concerning park a donations in accordance with Title 19 of the Buffalo Grove Municipal Code. o 20. School District Donations. Developer agrees to comply with the provisions of X c Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school a donations. Developer agrees to make cash contributions to the Village on a per unit basis at E the time of issuance of a building permit for conveyance to School Districts 102 and 125 �a according to the criteria of said Title. a 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 Packet Pg. 25 6.A.b 9 library donations. 22. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, 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 Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The 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 Packet Pg. 26 6.A.b a 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 Packet Pg. 27 6.A.b 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. Packet Pg. 28 6.A.b 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. i. 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 Packet Pg. 29 6.A.b 13 activities for which the Developer is responsible. 30. Indemnification Concerning 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 0 •L or attempted enforcement of any provision concerning recapture in this Agreement. The a 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 N N 06 enforcement of any provisions concerning recapture in this Agreement. The Developer will Lo Co N hold the Village, its officers, agents, and employees, free and harmless from any costs, fees ° (including attorney's fees and expenses) orjudgments which the Village, its officers, agents or employees may incur or become liable for pursuant to any such action, claim or cause. L The Village shall endeavor in good faith to enforce the provision of the recapture provisions a� 0 hereof and to collect the recapture as established herein. However, the parties recognize x the possibility of omissions or errors, and it is agreed that the Village shall not be liable in a any way in the event that it shall fail, for any reason whatsoever, to collect or enforce the •L 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. Special Conditions. a a. It is understood and agreed that upon annexation the Village will issue c new street address(es) for building(s) on the Property to ensure proper d a identification for provision of services, and Developer shall use said o Village address(es) in place of current address(es) assigned by Lake X c County. Developer is also required to contact the Buffalo Grove Post a Office and submit a change of address(es) requesting use of the E address(es) as assigned by the Village. �a b. Developer represents and warrants that there is no mortgagee, lien a holder or holder of any security interest affecting title to the Property or any part thereof. Packet Pg. 30 6.A.b 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 underground 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. Developer 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. Packet Pg. 31 6.A.b 15 d. The final plat of subdivision is acceptable to the Village. 36. Spec 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] Packet Pg. 32 6.A.b ATTEST: IN VILLAGE CLERK W VILLAGE OF BUFFALO GROVE L32 Beverly Sussman, Village President THG Holdings LLC, Series E, an Illinois series limited liability company -32 Derick B. Goodman, Manager Printed Name and Position •i► Dahlen Management Group, Inc., an Illinois corporation By: John 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 B uffa I o G rove, I L 60089 Packet Pg. 33 6.A.b 17 ::4:11:119_1 Legal Description PARCELI: 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 DUNE 15, 1956, AS DOCUMENT NO. 912118, IN BOOK 1453 OF RECORDS, PAGE 548, IN LAKE COUNTY, ILLINOIS. PARCEL 1 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. Packet Pg. 34 6.A.b 1C:/:11:31i 1 Plat of Annexation Packet Pg. 35 6.A.b 19 EXHIBIT C PLAT OF DEDICATION Packet Pg. 36 6.A.b 20 FINAL PLAT OF SUBDIVISION Packet Pg. 37 6.A.b 21 EXHIBIT E CONCEPTUAL SITE PLAN Packet Pg. 38 6.A.b 22 PRELIMINARY ENGINEERING PLAN Packet Pg. 39 6.A.b 23 EXHIBIT G LANDSCAPE PLAN Packet Pg. 40 6.A.b 24 ::/:II:Iki: SAMPLE ELEVATIONS AND ADDITIONAL OPTIONS FOR SELECTION BY HOMEBUYER Packet Pg. 41 6.A.b 25 C:C11:31ti1 SAMPLE DEVELOPMENT IMPROVEMENT AGREEMENT Packet Pg. 42 6.A.b WE EXHIBIT J RECAPTURE FEES �a The total recapture fee is $1,876.99 for all of the Property payable to the Village by Developer on May 2, 2022 •L L a Packet Pg. 43 6.A.b 27 1::4:11:3li7 I7 1!WA rrr_T:i'rAW* 1k EXHIBITS C, D, E AND F COLLECTIVELY REFERRED TO AS PRELIMINARY PLAN ° m •L L a Packet Pg. 44 N 4/ \\WE \ \` Q e J © ;»■ ` -- - - — - -- -- `'«^~`. 99---- o OIJIDJd w &¥-�-® v : � \|� §: ' \( PLAT OF DEDICATION TO THE COUNTY OF LAKE FOR PUBLIC ROADWAY PURPOSES PARCEL is THE WEST 2D FEET OF LOT 4 IN RITUAL'S ACRES, BFING A SUODIVIE�IUN Of' THF. NORTHWEST QUARTER OF THE 50UTHEAST QUARTER CIF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAS'T OF THE THIRD PRINCIPAL MFRIDIAN. (LYING WEATERLY OF AND EXCEPTING THEREFROM THE RAILWAY RIGHT OF WAY' OF THE MINNFAVOLIS, ST. PAUL AND 9AULT 5'TE. MARIE RAILROAD) ACCORDING TO T1IA PLAT THEREOF RECORDED N— iW, AS DO(:'UMENT NO. 912118. IN ROOK 145) OF REGORD3, PAGE 54B, IN LANE SOUN71, ILLMOIS'. PARCEL 2: THE WEST 20 FEET OF LOT 3 IN EfLATIR ACRES, BEING A SUBDIVISION OF THE NORr,-ST QUARTER OF THE SOUTEIEA9T QUARTER OF Sf�CHON 21. TOWNSHIP 41 NORTH. RA GE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN (LYING WESTERLY OF AND SS FEET INO THEREFROM THE RAILROAD RI(:I'TT OF WAY OF THE MINNEAPOLIS, S'T. PAUL AND SAL LT SAINT MARIE RAILROAD) ACCORDING 10 TFIE PLAT THEREOF RECORDET, JUNE 15, 1011 AS DOCUMENT 912118, IN EGGS 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. (. 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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 Packet Pg. 69 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 0 d •L a Packet Pg. 70 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 ::a M 0 Developer's performance hereunder caused by a strike or labor problem, energy shortage, governmental d •L pre-emption or prescription, national emergency, or any other cause of any kind beyond the reasonable a 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 Packet Pg. 71 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 ::a M 0 form acceptable to the Village, in the amount set forth in Paragraph 2 above. The Letter of Credit shall be d •L made subject to this Agreement. The Developer hereby waives its option pursuant to 30 ILCS 550/3 and a 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). I Packet Pg. 72 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 ($ 000.00). 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 ::a M 0 public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to d •L act; and after written notice of this condition, the Developer fails to immediately remedy the condition; a 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 ($ 000.00). 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 Packet Pg. 73 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 I Packet Pg. 74 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 Preliminary Plan or M 0 Annexation Approval Ordinance No. dated and the obligations contained therein. d •L 16. Neither party shall cause this Agreement (or any memorandum hereof) to be recorded a against the Property. M 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 Q Village President m a c� U) DEVELOPER: x LU Developer Name c Address Line 1 d E Address Line 2 U �a By: Q Name: Title: 7 Packet Pg. 75 (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 O w a� •L L a Packet Pg. 76 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B O d' d •L All improvements set forth and depicted in the Plans, both public and private, including (to the extent a 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. Packet Pg. 77 (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 Packet Pg. 78 (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs (see following pages) 11 Packet Pg. 79 8.A Action Item : Proclamation Recognizing Arbor Day ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends proclamation. SUMMARY: Designates Friday, April 29, 2022 Arbor Day in Buffalo Grove. The Proclamation is one of four criteria to qualify for the Tree City U.S.A. Award. ATTACHMENTS: • 2022 Arbor Day Proclamation (DOCX) Trustee Liaison Stein Monday, April 18, 2022 Staff Contact Michael K Skibbe, Public Works Updated: 3/30/2022 8:20 AM Page 1 Packet Pg. 80 8.A.a '4 ro A PROCLAMATION RECOGNIZING FRIDAY, APRIL 29, 2022, AS ARBOR DAY WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this day, called Arbor Day, was first observed with the planting of more than one million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees reduce the erosion of precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees beautify and enhance the economic vitality of our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, the Village of Buffalo Grove has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue the maintenance of our village urban forest; NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim Friday, April 29, 2022, Arbor Day in the Village of Buffalo Grove, and call upon all citizens and civic organizations to support efforts to protect our trees and woodlands and to support our Village Urban Forestry Program. Passed the 18th day of April, 2022 Beverly Sussman, Village President c 0 E 0 U 0 a ca L 0 Q Packet Pg. 81 8.B Ordinance No. 0-2022-39 : Ordinance Authorizing the Waiver of Bids to Purchase Street Sweeper Repairs ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: Staff requests Board approval to waive bids and authorize the Village Manager to purchase sole source street sweeper repair services from E.J. Equipment Inc for the repairs to Street Sweeper 438 in an amount not to exceed $28,540.16 pending review and approval by the Village attorney. ATTACHMENTS: • Sweeper Repairs Memo (DOCX) • Sweeper Repairs Ordinance (DOCX) • Authorized TYMCO Sole Source Dealer E. J. Equipment, Inc. (PDF) • EJ Quote (PDF) Trustee Liaison Stein Monday, April 18, 2022 Staff Contact Tom C. Wisniewski, Village Board Updated: 4/11/2022 11:58 AM Page 1 Packet Pg. 82 8.B.a ILL GI,,' O BUFTALO GROVE DATE: April 11, 2022 TO: Dane Bragg, Village Manager FROM: Tom Wisniewski, Buyer RE: Sweeper Repairs to Vehicle 438 Recommendation Is Staff recommends the Village Board waive bids and authorize the Village Manager to purchase sole source street sweeper repair services from E.J. Equipment Inc for the repairs to Street Sweeper 438 in an amount not to exceed $28,540.16 pending review and approval by the Village attorney. Background Information The Public Works Street Department sweeps approximately 2,400 lane miles of roadway annually as part of its maintenance program. To accomplish this task, two sweepers are used in tandem. Street sweeper #438 is a Tymco sweeper that was purchased in 2009 and is due for replacement in 2024. Currently, unit #438 is nonoperational and is need of significant repairs to bring the unit back into operation. E.J. Equipment is the sole source supplier for Tymco parts, service and sales for our area. Unit 438 is a regenerative air sweeper, and it is imperative to use OEM parts in the maintenance of this vehicle to achieve proper performance. Staff requests authorization to waive bids and purchase sole source street sweeper repair services from E.J. Equipment Inc for the repairs to Street Sweeper 438 in an amount not to exceed $28,540.16 Page 1 of 1 Packet Pg. 83 ORDINANCE 2022- 8.B.b AN ORDINANCE AUTHORIZING THE PURCHASE OF STREET SWEEPER REPAIR SERVICES FROM E.J. EQUIPMENT INC WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village sought out companies qualified to provide the requested services and materials; and WHEREAS, the Village engaged in a competitive procurement process to obtain the best value for money. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to purchase street sweeper repair services from E.J. Equipment Inc in an amount not to exceed $28,540.16 pending review and approval by the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and not be codified. AYES: NAYES: ABSENT: PASSED: 12022 APPROVED: , 2022 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk Packet Pg. 84 - ---- - ------- - ----- -- REGENERATIVE AIR SWEEPERS April 8, 2022 Mr. Tom Wisniewski Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Re: Supplier: Parts, Service and Sales TYMCO Regenerative Air Sweepers Dear Mr. Wisniewski: Please be advised that E. J. Equipment, Inc. is the only authorized supplier for genuine TYMCO O.E.M. Parts, Service and Sales for your area. E. J. Equipment, Inc. has offices in Addison, Manteno and Troy Illinois. The location nearest you is at 920 W. National Avenue, Addison, IL 60101 and their local telephone is 630-832-0995. The E. J. Equipment toll free numbers is 1-800-522-2808 It is important to use TYMCO OEM parts on TYMCO Regenerative Air Sweepers to maintain the equipment up to the design standards for performance in which the product is manufactured. If you have any questions concerning this letter, please -feel free to call us at 1-800-258-9626. Sincerely, TYMCO, Inc. 1Z Bobby L. Johnson Vice President of Marketing CL a) rY CL 0 0 0 M 0) T N C*4 O E LU -i Uj 0 Co .2 0 (0 0 F_ M 0 N .i- 0 E "J')(MCO n, P.O. Box 2368 , Waco, Texas 76703-2368 , Shipping Address: 225 Industrial East - Waco, TX 76705 Phone: 254-799-5546 , Fax: 254-799-2722 � Web Site: www.tymco.com , E-Mail Address: info@tvmco.com I Packet Pg. 85 1 E J EQUIPMENT, INC. PO Box 665 • 6949 N. 3000 E. Rd. Manteno, IL 60950 PH: (815) 468-0250 9 Fax: (815) 468-8055 www.ejequipment.com Ship To: VIL OF BUFFALO GROVE 51 RAUPP BLVD CENTRAL GARAGE BUFFALO GROVE, IL 60089 Invoice To: VILLAGE OF BUFFALO GROVE 51 RAUPP BLVD CENTRAL GARAGE BUFFALO GROVE IL 60089 B.B,d EQUIPMEXT Sales • Service • Parts Branch 1 CENTRAL Date Time Page 04 11 2022 8:34:22 O 1 Account No. Phone No. EstimatlbTo. �009617 BUFFA001 8474592545 Ship Via Purchase Order Tax ID Number Salesperson SVC SERVICE ESTIMATE - NOT AN INVOICE ................ SHIPPING/HANDLING IS NOT INCLUDED IN QUOTE Stock #: 000179 SWEEPER MS #: 200910SNC50901BAH Make: TY Model: 50OX THE FOLLOWING WORK TO BE PERFORMED CUSTOMER REQUESTED AN INSPECTION OF UNIT CAUSE: REPLACE BLOWER SUCTION SEAL REPLACE BLOWER WHEEL UPDATE CENTER CONSOLE 'SWITCHES REPLACE BLOWER MOTOR REPLACE DUMP HOPPER CHUTE ASSEMBLY REPLACE OUTRIGGER CYLINDER REPLACE INNER AND OUTTER DROP DOWN BROOM 'TUBES REPLACE BLOWER WEAR LINER REPLACE NUTS AND BOLTS FOR LINER, SEAL LINER REPLACE HYDRAULIC FILTER RESTRICTION GAUGE REPLACE PROX SENSOR FOR HOPPER TILT REPACE UPPER SCROLL ON DUST SEPARATOR DOOR REPLACE NUTS AND BOLTS FOR SCROLL REPLACE SUCTION INLET LINER ON HOPPER REPLACE CURTAIN SET FOR PICK. UP HEAD REPLACE BAH BROOM REPLACE HIGH OUTPUT WATER HOSE LEFT HAND (LONG HOSE BETWEEN NOZZLES) REPLACE HIGH OUTPUT WATER NOZZLES REPLACE BLOWER HOUSING LIP REPLACE GUTTER BROOM LIGHT ADDITIONAL DESCRIPTION: CUSTOMER REQUESTED AN INSPECTION OF UNIT Part# Description Otv Price Amount 5019064 SEAL -SUCTION 50 1 250.61 250.61 I authorize EJ Equipment to perform the repair work described above, utilizing necessary labor, parts and materials. I agree that EJ Equipment is not responsible for loss or damage to the vehicle, or articles left in the vehicle, in case of theft, fire, or any other cause beyond our control. I agree that EJ Equipment is not responsible for delays caused by unavailability of parts, or delay in parts shipments by the supplier or transporter. I grant EJ Equipment employees permission to operate my vehicle for the purpose of testing and/or inspection. I understand if any closer analysis finds additional labor, parts or materials are necessary to complete the repair. I will be contacted for authorization, only if the amount of repairs that I will pay will be increased X Received By Q Packet Pg. 86 E J EQUIPMENT, INC. PO Box 665 • 6949 N. 3000 E. Rd. Manteno, IL 60950 PH: (815) 468-0250 9 Fax: (815) 468-8055 www.ejequipment.com Ship To: VIL OF BUFFALO GROVE 51 RAUPP BLVD CENTRAL GARAGE BUFFALO GROVE, IL 60089 Invoice To: VILLAGE OF BUFFALO GROVE 51 RAUPP BLVD CENTRAL GARAGE BUFFALO GROVE IL 60089 ................ Part# B.B,d EQUIPMEXT Sales • Service • Parts Branch 1 CENTRAL Date Time Page 04 11 2022 8:34:22 O 2 Account No. Phone No. EstimatlbTo. �009617 BUFFA001 8474592545 Ship Via Purchase Order Tax ID Number Salesperson SVC SERVICE ESTIMATE - NOT AN INVOICE Description Otv Price Amount 506179 COATED BLOWER W 1 4086.00 4086.00 509117 SWITCH PACK 1 1927.00 1927.00 505846 HYD. BLOWER MOT 1 3193.00 3193.00 506137 CHUTE ASSY 1 6247.21 6247.21 505875 STABILIZER CYLI 1 1501.42 1501.42 505889 RAM ARM EXT.WEL 2 166.70 333.40 507668 GB POSITIONER M 2 168.97 337.94 507669 TAB WELD. -GB UN 2 71.44 142.88 5012830 WEAR LINER 1 1213.00 1213.00 20187 BOLT 3/8-16'X1 12 1.13 13.56 10308 WASHER 3/8LOCK 12 .57 6.84 10307 WASHER 3/8FLAT 12 .57 6.84 10209 NUT 3/8-16 HEX 12 .57 6.84 12771 CAULK -BLOWER ES 2 37,42 74.84 12711 GAUGE-HYD. FILT 1 55.57 55.57 21576 PROXIMITY SWITC 1 246.08 246.08 5018961 UPPER SCROLL-SK 1 847.10 847.10 10123 BOLT 5/16-18 X 19 .57 10.83 10205 NUT 5/16-18 HEX 15 .57 8.55 10272 NUT 5/16-18 HEX 4 .57 2.28 5019255 LINER SUCTION-H 1 115.67 115.67 40127 BOLT 3/8-16 X 1 10 2.27 22.70, 10248 NUT 5/16-18 HEX 10' .57 5.70 502609' PUH CURTAIN SET 1 400.00 400.00 502566' BROOM BAH 1 691.00 691.00 500338' HOSE ASSY 1/4* 1' 39.69 39.69 20810 D.S.FAN NOZZLE 2 80.51 161.02 20811 FAN NOZZLE W/11 4 41.96 167.84 5017815 BLOWER LIP-FORG 1 436.59 436.59 12071 WORK LIGHT RUBB 1 52.16 52.16 Parts: 22604.16 Labor: 5936.00 Authorization: TOTAL: 28540.16 I authorize EJ Equipment to perform the repair work described above, utilizing necessary labor, parts and materials. I agree that EJ Equipment is not responsible for loss or damage to the vehicle, or articles left in the vehicle, in case of theft, fire, or any other cause beyond our control. I agree that EJ Equipment is not responsible for delays caused by unavailability of parts, or delay in parts shipments by the supplier or transporter. I grant EJ Equipment employees permission to operate my vehicle for the purpose of testing and/or inspection. I understand if any closer analysis finds additional labor, parts or materials are necessary to complete the repair. I will be contacted for authorization, only if the amount of repairs that I will pay will be increased X Received By a cu cu CL cu cu U1 u U1 r vi LEI 0 cu rn rn cv cv CD cv O 0 0 C'1 W c 0 E U cc Q Packet Pg. 87 8.0 Ordinance No. 0-2022-40 : Ordinance Authorizing the Waiver of Bids to Purchase a MAKO Air Compressor ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: Staff requests Board approval to waive bids and authorize the Village Manager to make a sole source purchase of a Mako Air Compressor from Air One Equipment in an amount not to exceed $62,035.00 pending review and approval by the Village attorney. ATTACHMENTS: • Mako Compressor Memo (DOCX) • Mako Ordinance (DOCX) • BG COMPRESSOR QUOTE 030822 MBAC (PDF) • MAKO_Sole Authorized Distributor Letter -Air One Equipment (PDF) Trustee Liaison Johnson Monday, April 18, 2022 Staff Contact Tom C. Wisniewski, Village Board Updated: 4/6/2022 10:44 AM Page 1 Packet Pg. 88 8.C.a 'ILL 1°III,° OF BWTALO GROVE E MEMORANDUM DATE: April 7, 2022 TO: Dane Bragg, Village Manager FROM: Tom Wisniewski, Buyer RE: Authorization to Waive Bids and Purchase a MAKO Air Compressor Recommendation N1 Staff recommends that the Village Board waive bids and authorize the Village Manager to make a sole source purchase of a Mako Air Compressor from Air One Equipment in an amount not to exceed $62,035.00 Background Information The Fire Departments existing SCBA air compressor which is used to refill breathing apparatus air cylinders with clean breathable air was purchased in 2006 and has a manufacturer recommended lifespan of fifteen years. It is currently at the end of life and in need of replacement. The Department has historically utilized MAKO air compressor systems and due to operating, training, and safety concerns that may occur due to a change in manufacturer, plans to remain with a MAKO product. MAKO utilizes a sole source distribution system for the sale of its compressors, with Air One Equipment being the distributor of MAKO breathing air compressor systems for this portion of Illinois. Staff requests authorization to waive bids and purchase a Mako Air Compressor from Air One Equipment. This purchase was budged for in the FY 2022 budget. Page 1 of 1 Packet Pg. 89 ORDINANCE 2022- 8.C.b AN ORDINANCE AUTHORIZING THE PURCHASE OF A MAKO AIR COMPRESSOR FROM AIR ONE EQUIPMENT WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village sought out companies qualified to provide the requested services and materials; and WHEREAS, the Village engaged in a competitive procurement process to obtain the best value for money. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to purchase a MAKO air compressor from Air One Equipment in an amount not to exceed $62,035.00 pending review and approval by the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and not be codified. AYES: NAYES: ABSENT: PASSED: 12022 APPROVED: , 2022 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk Packet Pg. 90 #AIM Air One Equipment, Inc. Quotati 360 Production Drive, South Elgin IL 60177 AIR ONF Telephone: (847) 289-9000 Fax: (847) 289-9001 EQUIPMENT, INC. website: www.aoe.net TO: BUFFALO GROVE FIRE DEPARTMENT Date: 3/9/2022 1051 HIGHLAND GROVE BUFFALO GROVE, IL 60089 0 N fA ATTN: PAT DINSMORE Ref: MAKO AIR COMPRESSOR G1 Q. E 0 tU NumberQty Part Description Each ExtendedL Q MAKO MODEL BAM07HE3 BREATHING AIR MODULE COMPRESSOR Q DO 1 BAM07HE3 COMPLETE WITH 4 STAGE; AIR COOLED COMPRESSOR 20.7 CFM @ $28 995.00 $28,995.00 N 6000 PSI - 15 H.P. ELECTRIC MOTOR(208-23OV/3PHASE) MKSC PURIFICATION SYSTEM(82,000CF W/70F INLET TEMP) GO 0 1 CO MONITOR ADD MAKO CO MONITORING SYSTEM TO AIR COMPRESSOR $4,150.00 $4,150.00 a� **CO MONITOR REQUIRED TO MEET NFPA 1989 ** > 1 MAK005 MAKO 5-YEAR COMPRESSOR BLOCK WARRANTY $500.00 $500.0017 MAKO TWO POSITION CONTAINMENT FILL STATION W/4-BANK N 1 SCFS2 MANUAL CASCADE CONTROLS, FILL PANEL WITH GAUGES, FILLING $8,495.00 $8,495.00 N WHIPS WITH CGA 347 THREAD AND HIGH PRESSURE REGULATOR O 1 ADD 3RD UPGRADE FILL STATION TO THREE POSITION $1,425.00 $1,425.00 m 1 ADD AUTO UPGRADE FILL STATION TO AUTOMATIC CASCADE CONTROL $3 975.00 $3 975.00 N 1 4 X 6000 FOUR CYLINDER UN/ISO 6000 PSI STORAGE CASCADE SYSTEM $5,803.00 $5,800.00 0 M 1 STAND 4-CYLINDER STAND FOR UN/ SO OR ASME (REQUIRED FOR MBAC KIT) $695.00 $695.00 LU 1 INST/FRT DELIVERY, FREIGHT, AND INSTALLATION OF COMPLETE SYSTEM $2,750.00 $2,750.00 0 1 MBAC MODULAR COMPONENTS TO CONNECT ALL ITEM PIECES TOGETHER $3,500.00 $3,500.00 U' WITH CENTER STORAGE CABINET ONLY (NO REEL) w HOSE REEL, SPRING REWIND, WITH 75' FILL HOSE. MOUNTED TO 0 N 1 REEL WALL IN VEHICLE BAY. INCLUDED 75' HOSE RUN TO COMPRESSOR $1,750.00 $1,750.00 w THROUGH BAY WALL w -1 TRADE-C TRADE IN EXSITING BAM07H COMPRESSOR (UP TO 500 HRS) $1,600.00 -$1,600.00 a M -1 TRADE-F TRADE IN EXISTING SSCFS3-4HP FILL STATION $1,000.00 -$1,000.00 U -1 TRADE-S TRADE IN EXISTING 4-BANK DOT STORAGE CYLINDERS $600.00 -$600.00 m Total of All Equipment: 62,035.00 d 1. INCLUDES TRADE IN AND REMOVAL OF EXISTING AIR COMPR. E NOTES: Ou � Y S 2. INCLUDES INSTALLATION OF 3" FRESH AIR INTAKE. 3. NFPA 1989 REQUIRES CO MONITOR Thank � 4. QUOTE VALID FOR 60 DAYS Q Estimated Delivery: By: Martin Svihra ON REQUEST I Air One Equipment, Inc. G:\SALES\Quotes\Compressors\BUFFALO GROVE COMPRESSOR 030822 MBAC Packet Pg. 91 8.C.d MAKO Compressors (a division of Gardner Denver Inc.) 1301 North Euclid Ave. Princeton, IL 61356 United States of America Telephone (217) 222-5400 Facsimile (217) 224-7814 www.makocompressors.com August 18, 2015 Air One Equipment, Inc. 360 Production Drive South Elgin, IL 60177 Subject: Authorized Distributor Information Request To Whom It May Concern: This letter is to officially confirm Air One Equipment, Inc. as our sole authorized distributor for MAKO products for sales and service in Northeast Illinois (Chicago Metropolitan area). Sincerely, Tyson L. Mulvaney Product Manager - MAKO Compressors MAKO Compressors (a division of Gardner Denver Inc.)— 1301 North Euclid Ave.— Princeton, IL 61356 Packet Pg. 92 8.D Ordinance No. 0-2022-41 : Amendment to the Class G4 Special Event Liquor License ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: Amendment to the Class G4 Special Event Liquor License by increasing the limitation on the number of licenses from two to six. ATTACHMENTS: • G4 Revised - Memo (DOCX) • G4 Ordinance (DOCX) Trustee Liaison Sussman Monday, April 18, 2022 Staff Contact Jessie Brown, Community Development Updated: 4/12/2022 3:27 PM Page 1 Packet Pg. 93 8.D.a FILLA"_ E OF BUFFALO C'ROVE MEMORANDUM DATE: April 14, 2022 TO: Dane Bragg, Village Manager FROM: Jessie Brown, Administrative Services Manager / Deputy Village Clerk SUBJECT: Amendment to the Class G4 Special Event Liquor License BACKGROUND The Buffalo Grove Park District offers rooms within the Community Arts Center for rental for private parties, such as weddings, showers, and bar/bat mitzvahs. The Park District allows these private parties to serve alcohol as part of a catering package by an outside caterer that carries a license to transport and serve alcohol. If this caterer is not a current Buffalo Grove business holding a Class I liquor license, they would need to apply for a Class G4 Special Event Liquor License. The Class G4 Special Event Liquor License authorizes the giving away of alcohol as part of a private event in non-residential locations within the Village. Attendance must be by invitation only and not open to the public. Events are restricted to no more than one continuous 24-hour period, and no more than six G4 licenses can be issued on any given day. Currently, no more than two G4 licenses can be issued to any one licensee within a calendar year. Limiting the number of licenses to only two per licensee greatly restricts the number of private events that each company could potentially cater. Increasing this limitation from two to six allows a catering company to provide their services more often within the Village. It will also allow the Park District to work with fewer caterers, who will be familiar with both the Park District's as well as the Village's requirements pertaining to insurance, licensing, etc. This will in turn simplify and streamline the process for both Park District and Village staff. RECOMMENDATION Staff recommends approval of the Ordinance. 17 N N O N 16 Packet Pg. 94 8.D.b Underlined = addition +.�, rkeeut = deletion ORDINANCE NO. 2022- AN ORDINANCE AMENDING CHAPTER 5.20, LIQUOR CONTROLS, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, a request has been made to the Village to modify the conditions and limitations of the Class G4 liquor license. The Village Class G4 liquor license would need to be amended to allow any one licensee to be issued more than two such licenses within a calendar year. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Subsection GA. of Section 5.20.070, Licenses -Classifications -Fees, of the Buffalo Grove Municipal Code is hereby amended in its entirety to read as follows: 5.20.070 License -Classifications -Fees Class G4 licenses, authorizing the giving away of alcoholic liquors for consumption on a premises of any property within the Village, other than Dwellings, as defined in T_ Chapter 17 of this Code, house trailers and mobile homes for a private function, N N where attendance is by invitation only and not open to the public, shall be subject to N the following conditions and limitations: O Dram shop liability insurance will be provided, The fee for the special event license is set forth in Chapter 1.16 of this Code, C. No event shall be longer than one continuous twenty-four hour period, d. The license shall be valid only for the date shown on the face of the license, e. No more than six such licensees shall be issued per day, f. No more than t s..Jxsuch licenses shall be issued to any one licensee within a calendar year. Section 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. Section 4. Any person violating any portion of this Ordinance shall be punished according to the provisions of Section 5.20.260 of the Buffalo Grove Municipal Code. Packet Pg. 95 8.D.b Section S. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form. AYES: NAYS: ABSENT: PASSED: , 2022 APPROVED: .2022 Beverly Sussman, Village President ATTEST: Janet M. Sirabian, Village Clerk 17 N N O N ru Packet Pg. 96 8.E Ordinance No. 0-2022-42 : Liquor License Reservation- Axel's Bistro Cafe at 131 Dundee Road ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: A Class A liquor license is reserved for Axel's Properties, LLC d/b/a Axel's Bistro Cafe at 131 Dundee Road. This reservation is subject to the applicant completing Village requirements for said license on or before July 18, 2022. ATTACHMENTS: • Ord Class A - Reserve Axel's Properties LLC dba Axel's Bistro Cafe (DOCX) Trustee Liaison Sussman Monday, April 18, 2022 Staff Contact Jessie Brown, Community Development Updated: 4/12/2022 8:44 AM Page 1 Packet Pg. 97 8.E.a Underlined = addition StFikethF .ugh-s = deletion 04/07/2022 ORDINANCE NO. 2022 - AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in stFikethreugh and additions in underline text so that Subsection A. of Section 5.20.072 shall provide as follows: A. Class A. Licensee and d/b/a Address 1. Luma, LLC d/b/a Lou Malnati's 85 South Buffalo Grove Road 2. Rack'Em Up Chicago, Inc. 312 McHenry Road 3. The Schwaben Center 301 Weiland Road 4. Midas Banquets, Inc. d/b/a Astoria Banquets 5. La Minita, Inc. d/b/a Mi Mexico Mexican Restaurant 6. K1 Speed, Inc. 7. Leiserv, LLC d/b/a Bowlero — Buffalo Grove 8. Le Presa Restaurant, Inc. 9. BRI Incorporated d/b/a Sal & Tony's 10. Spyder Entertainment, Inc. d/b/a Traktir the 12 Chairs 11. Telugu Ruchulu of BG, LLC d/b/a Nawabi Hyderabad House Biryani Place 12. Themi's Pizza, LLC d/b/a Giordano's of Buffalo Grove 13. Yang Group, Inc. d/b/a Sushi Grove 14. AAA Restaurant, Inc. d/b/a Flambe India 15. TK Tavern, Inc. d/b/a Prairie House Tavern 1375 W. Dundee Road 220 N. Milwaukee Avenue 301 Hastings Lane 350 McHenry Road 86 W. Dundee Road 48 Raupp Boulevard 1224 W. Dundee Road 228 McHenry Road 270 McHenry Road 154 McHenry Road 1155 McHenry Road #102B 2710 Main Street Packet Pg. 98 8.E.a J... ,......... WJN Golf, LLC d/b/a WJ Golf 401 Half Day Road 1.7. Axe II"s lieu o eu uiies II...II...0 d Ifs a yell"'s Il:listiro Cafe i..;:i.. Dundee load .......................................................................................IE........................................................................./........./............................................................................................................................................................................................................................................................................................................................................................ Section 2_ A. A Class A liquor license is reserved for Axel's Properties LLC d/b/a Axel's Bistro Cafe at 131 Dundee Road. This reservation is subject to the applicant completing Village requirements for said license on or before July 18, 2022. The Village Manager shall have the authority to extend the July 18, 2022 date for good cause shown. If not so extended, this reservation shall cease. B. This Section shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval AYES: NAYS: ABSENT: PASSED: , 2022 APPROVED: .2022 Beverly Sussman, Village President ATTEST: Janet M. Sirabian, Village Clerk Packet Pg. 99 8.F Ordinance No. 0-2022-43 : Certificate of Initial Acceptance and Approval: NCH Outpatient Care Center Development Improvements ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval to begin the one year maintenance period for the completed development. SUMMARY: Attached is the Certificate of Initial Acceptance for the NCH Outpatient Care Center development located at 15 S. McHenry Road. Staff recommends approval to begin the one year maintenance period on April 18, 2022. ATTACHMENTS: • CIA Memo_NCH_22-0411 (DOCX) • Certificate of Initial Acceptance NCH (DOCX) • Ordinance NCH CIA (DOCX) Trustee Liaison Johnson Monday, April 18, 2022 Staff Contact Darren Monico, Public Works Updated: 4/13/2022 10:01 AM Page 1 Packet Pg. 100 8.F.a FILLA"_ E OF BUFFALO C'ROVE MEMORANDUM DATE: April 11, 2022 TO: Dane Bragg, Village Manager FROM: Darren Monico, Village Engineer SUBJECT: NCH Buffalo Grove Outpatient Care Center - Certificate of Initial Acceptance The Developer of the NCH Buffalo Grove Outpatient Care Center located at 15 S. McHenry Road has completed the required improvements and the development will be moved to the one-year maintenance period beginning April 18, 2022. The developer has created a plan to make all the parking spots adjacent to the south side of the building to be changed to handicapped accessible spots. This will be permitted separately, and it will remove some of the handicapped spots from the side of the building. The Engineering Division is still retaining part of the letter of credit to ensure the completion of this work. Staff recommends approval of the Certificate of Initial Acceptance for the Development. Packet Pg. 101 8.F.b VILLAGE OF BUFFALO GROVE CERTIFICATE OF INITIAL ACCEPTANCE AND APPROVAL SUBMIT COMPLETED FORM ALONG WITH ONE MYLAR SET OF "AS -BUILT" PLANS. ALL INFORMATION MUST BE TYPED. SUBDIVISION NCH Buffalo Grove Outpatient Care Center DEVELOPER NCH 15 S. McHenry Road, LLC UNIT NO. Dedicated Public Right of Way (if any): N/A LOCATION 15 S. McHenry Rd Description of Public Improvements: Sidewalk, parkway restoration, sanitary/storm sewer&water main modifications, Description of Private Improvements: New building construction, old building demolition, parking lot & entrance improvements, water/sanitary service connections, and storm sewer system with above ground and underground basins One -Year Maintenance Guarantee: Letter of Credit DESIGN ENGINEER'S CERTIFICATION To the best of my knowledge and belief, the construction of the improvements described above have been completed in accordance with the approved plans and specifications, and items indicated on the Final Punch List dated which was prepared by the Village of Buffalo Grove. Engineer's Signature & Seal OWNER'S/DEVELOPER'S CERTIFICATION O All improvements including soil erosion and sediment control measures have been completed and are hereby presented for initial Acceptance and Conveyance to the Village of Buffalo Grove. I also herewith acknowledge my responsibility to provide a one-year Guarantee to cover workmanship, materials, and maintenance for all improvements referred to herein. The undersigned Owner does hereby convey and deliver to the Village of Buffalo Grove the foregoing listed public improvements and does hereby covenant that said improvements are free of all encumbrances and does hereby warrant and will defend the same against the claims and demands of all persons. Owner's Signature Owner's Name Company Name Page 1 of 2 Packet Pg. 102 8.F.b MUNICIPAL INSPECTOR'S CERTIFICATION I/we hereby certify that I/we have regularly inspected the above described unit(s) of the above described Subdivision during the progress of construction and to the best of my/our knowledge; the work has been completed in conformance with the approved plans and specifications. Municipal Inspector Date VILLAGE ENGINEER'S CERTIFICATION I hereby certify that the Division of Engineering Services has reviewed the above described unit(s) of the above described Subdivision and find them in conformance with the applicable Village ordinances, codes, and agreements. Village Engineer Date PUBLIC WORK'S CERTIFICATION I hereby certify that the Department of Public Works has inspected all public improvements described above and find them in proper condition for acceptance for maintenance by this Department. Director of Public Works Date VILLAGE MANAGER'S CERTIFICATION I hereby certify that all applicable Village ordinances, codes, and special agreements have been complied with by the Owner of the above described Subdivision. Village Manager Date ACCEPTANCE OF PUBLIC IMPROVEMENTS The Village of Buffalo Grove does hereby approve and accept for ownership the above described public improvements subject to the one-year Guarantee by the Developer covering all materials, workmanship, and maintenance. Village Board of Trustees Action: Date Village President Page No. Date Page 2 of 2 11/15/21 Packet Pg. 103 ORDINANCE 2022- 8.F.c AN ORDINANCE AUTHORIZING EXECUTION OF THE CERTIFICATE OF INITIAL ACCEPTANCE FOR THE NCH BUFFALO GROVE OUTPATIENT CARE CENTER DEVELOPMENT WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to execute a Certificate of Initial Acceptance with Northwest Community Hospital for the completed outpatient care center development located at 15 S. McHenry Road in the Village of Buffalo Grove, WHEREAS, upon execution of this ordinance, Northwest Community Hospital will enter the required one-year maintenance guarantee, NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village President is authorized to execute the Certificate of Initial Acceptance with Northwest Community Hospital forthe medical office and outpatient care center located at 15 S. McHenry Road in the Village of Buffalo Grove. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: NAYES: ABSENT: PASSED: 2022 APPROVED: 2022 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk Packet Pg. 104 8.G Action Item : Authorization to Bid Village Hall Facility Improvements ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. SUMMARY: Staff seeks authorization to bid Village Hall Facility Improvements as detailed in the attached memo. ATTACHMENTS: Authorization to Bid - Village Hall Facility Improvements (DOCX) Trustee Liaison Staff Contact Weidenfeld Tom C. Wisniewski, Village Board Monday, April 18, 2022 Updated: 4/7/2022 11:20 AM Page 1 Packet Pg. 105 8.G.a FILLA"_ E OF BUFFALO C'ROVE MEMORANDUM DATE: April 14, 2022 TO: Dane Bragg, Village Manager FROM: Tom Wisniewski, Buyer SUBJECT: Village Hall Facility Improvements Staff seeks authorization to bid Village Hall Facility Improvements. Scope of work includes addressing office security, relocation of existing offices, creation of office spaces, and the creation of an informal meeting space. Associated activities include demolition, construction of new walls, doors, cabinets, countertops, flooring, electrical, HVAC and fire protection. Packet Pg. 106 8.H Resolution No. R-2022-3 : Resolution Relating to the Semi -Annual Review of Closed Session Minutes ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: The Corporate Authorities of the Village determine that the need for confidentiality still exists with regard to the following approved minutes: October 18, 2021 and November 1, 2021. ATTACHMENTS: • RESOLUTION - 041822 (DOC) Trustee Liaison Ms. Sirabian Monday, April 18, 2022 Staff Contact Dane Bragg, Office of the Village Manager Updated: 4/14/2022 1:43 PM Page 1 Packet Pg. 107 8.H.a RESOLUTION No. 2022- RESOLUTION RELATING TO THE SEMI-ANNUAL REVIEW OF CLOSED SESSION MINUTES BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, pursuant to Section 2.06 of the Open Meetings Act: SECTION ONE: On January 3, 2022, the Corporate Authorities of the Village voted to approve the following Closed Session minutes: October 18, 2021 November 1, 2021 On March 21, 2022, the Corporate Authorities of the Village voted to approve the following Closed Session minutes January 3, 2022 January 18, 2022 January 31, 2022 February 7, 2022 February 22, 2022 SECTION TWO: The Corporate Authorities of the Village determine that the need for confidentiality still exists with regard to the approved minutes listed in Section One. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED AND APPROVED this 18°i day of April 2022 ATTEST: Janet Sirabian, Village Cleric Beverly Sussman, Village President 1 Packet Pg. 108 9.A Ordinance No. 0-2022-44 : Ordinance Providing for Compensation of the Village Manager ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Consistent with Village Board direction, the attached ordinance establishes additional compensation for the Village Manager. Proper notice has been given in accordance with 5 ILCS 120/7.3, having been published and available on the Village's web site on April 8, 2022. The Village Board approved the Village Manager's 2017 Employment Agreement on March 20, 2017, providing for terms and conditions of his employment including compensation. The agreement was subsequently amended on April 15, 2019. The attached ordinance provides for additional performance compensation based on satisfactory achievement of goals in his 2021 performance evaluation. ATTACHMENTS: • Ordinance Establishing Additional Compensation 2021 (DOC) Trustee Liaison Sussman Monday, April 18, 2022 Staff Contact Dane Bragg, Office of the Village Manager Updated: 4/11/2022 2:07 PM Page 1 Packet Pg. 109 4/ 14/2022 9.A.a ORDINANCE NO. 2022- AN ORDINANCE ESTABLISHING VILLAGE MANAGER PERFORMANCE BENEFIT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove by Ordinance No. 2017-011 approved an Employment Agreement dated March 20, 2017 between the Village of Buffalo Grove and Dane C. Bragg; and WHEREAS, said 2017 Employment Agreement was subsequently amended by Ordinance 2019-023, approved by the Corporate Authorities on April 15, 2019; and WHEREAS, said amended Employment Agreement further establishes the terms of additional compensation and benefits. The Village Board wishes to provide compensation or benefits in addition to those enumerated in Section 4.D of the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. In support of his admirable performance for the year 2021, Dane C. Bragg, as Village Manager of the Village of Buffalo Grove, shall be awarded additional performance compensation in the amount of $30,000.00, payable upon passage of this ordinance. Section 4. The remaining terms and conditions of the Village Manager Employment Agreement shall remain in full force and effect. Section 5. This ordinance shall be effective upon its passage and approval. This ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 2022. APPROVED: ATTEST: 2022. APPROVED: Village President Village Clerk Packet Pg. 110 9.B Ordinance No. 0-2022-45 : Ordinance Approving an Annexation Agreement for the Property at 22405 & 22371 Prairie Road ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends that the Village Board approve the attached annexation agreement, subject to the final review and approval by the Village Attorney. THG Holdings is looking to redevelop 2 acres of unincorporated property at 22371 & 22405 N Prairie Road. The plan proposes to rezone the property into R4 residential district, resubdivide the property into six single-family lots for future single-family homes. The property is currently improved with two residential properties on it. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance Approving an Annexation Agreement for the Property at 22405 & 22371 Prairie Road (DOCX) • Annexation Agreement for the Property at 22405 & 22371 Prairie Road (DOCX) Trustee Liaison Pike Monday, April 18, 2022 Staff Contact Nicole Woods, Community Development Updated: 4/14/2022 11:55 AM Page 1 Packet Pg. 111 9.B.a VILLAGE OF BUFFALO GRONT DATE: April 14, 2022 TO: Dane Bragg, Village Manager FROM: Nicole Woods, Director of Community Development SUBJECT: Consider Approval of the Annexation Agreement for 22371 & 22405 N Prairie Road Parkway ACTION REQUESTED Staff recommends that the Village Board approve the attached annexation agreement, subject to final review and approval by the Village Attorney. BACKGROUND THG Holdings is looking to redevelop 2 acres of unincorporated property at 22371 & 22405 N Prairie Road. The property is currently improved with two residential properties. The plan proposes to rezone the property into R4 residential district, re -subdivide the property into six single-family lots for future single-family homes. As proposed, the project requires annexation with a rezoning to R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision. Further information and exhibits can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. Page 1 of 1 Packet Pg. 112 9.B.b ORDINANCE NO. 2022 - 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 said 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. Packet Pg. 113 9.B.b 2 AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk This document was prepared by: Nicole Woods Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, I L60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Beverly Sussman, Village President Packet Pg. 114 9.B.b 3 EXHIBITA Legal Description PARCELI: 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 OF THE THIRD PRINCIPAL MERIDIAN, (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILWAYRIGHT 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 1 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 OF THE THIRD PRINCIPAL MERIDIAN, (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILWAYRIGHT 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 OFTHE THIRD PRINCIPAL MERIDIAN (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILROADRIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD) ACCORDING TO THE PLAT THEREOF RECORDED DUNE 15, 1956 AS DOCUMENT 912118, IN BOOK 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. Packet Pg. 115 9.B.b EXHIBIT B Annexation Agreement u LO 17 N N O N O O w d •L L a M N N ca LO O It N N r� G1 Q O L a a� z L O 4r _ d d L a O ca x a) _ c Packet Pg. 116 9.B.c 3/29/2022 I 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 day of , 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"). W ITN ESSETH: 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 EXHIBITA 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, Packet Pg. 117 9.B.c 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 Packet Pg. 118 9.B.c l: 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 Packet Pg. 119 9.B.c M 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 Applicable Ordinances. The Owner and Developer agree to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible 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 Packet Pg. 120 9.B.c 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. Packet Pg. 121 9.B.c I 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 Provisions. 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. Payment of Recapture 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 Improvements. Security for public and private site improvements shall be provided in accordance with the Development Packet Pg. 122 9.B.c 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. EXHIBITA 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 EXHIBITJ 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. Packet Pg. 123 9.B.c 17. Building, Landscaping 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. Intentionally 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. School 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 Packet Pg. 124 9.B.c 9 library donations. 22. Conditions Concerning Parks, School and Library Donations. It is understood and agreed that rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be counted as bedrooms for the purposes of calculating park, school and library donations, if, 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 Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The 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 Packet Pg. 125 9.B.c a 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 Packet Pg. 126 9.B.c 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. Packet Pg. 127 9.B.c 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. i. 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 Packet Pg. 128 9.B.c 13 activities for which the Developer is responsible. 30. Indemnification Concerning 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) orjudgments 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. Special 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. Packet Pg. 129 9.B.c 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 underground 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. Developer 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. Packet Pg. 130 9.B.c 15 d. The final plat of subdivision is acceptable to the Village. 36. Spec 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] Packet Pg. 131 9.B.c ATTEST: IN VILLAGE CLERK W VILLAGE OF BUFFALO GROVE L32 Beverly Sussman, Village President THG Holdings LLC, Series E, an Illinois series limited liability company -32 Derick B. Goodman, Manager Printed Name and Position •i► Dahlen Management Group, Inc., an Illinois corporation By: John 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 B uffa I o G rove, I L 60089 Packet Pg. 132 9.B.c 17 ::1:11:119_1 Legal Description PARCELI: 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 DUNE 15, 1956, AS DOCUMENT NO. 912118, IN BOOK 1453 OF RECORDS, PAGE 548, IN LAKE COUNTY, ILLINOIS. PARCEL 1 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. Packet Pg. 133 9.B.c 1C:/:11:31i 1 Plat of Annexation c O ca x a� c c zo 'A lJ LO 11 N N O N 0 m O d' •L L a ti M N N 06 LO O le N N d Q O L a a� t L O C E d d L Im Q C O cC k d C C Q C G1 E s V cC Q Packet Pg. 134 9.B.c 19 EXHIBIT C PLAT OF DEDICATION c O ca x a� c c zo 'A lJ Ul) 11 N N O N 0 O d' •L L a ti M N N 06 O le N N d Q O L a a� t i O C is d G1 i Q C O cC x d C C Q C G1 E s V cC Q Packet Pg. 135 9.B.c 20 CH: 11:31 a FINAL PLAT OF SUBDIVISION _ O ca x a� c zo 'A lJ Packet Pg. 136 9.B.c 21 EXHIBIT E CONCEPTUAL SITE PLAN c O ca x a� c c zo 'A lJ ul) 11 N N O N 0 m O d' •L L a ti M N N 08 Lo O N N d Q O L a a� t i O C E d G1 i Q C O cC x d C C Q C G1 E s V c0 Q Packet Pg. 137 9.B.c 22 CH: I1:3ki; PRELIMINARY ENGINEERING PLAN _ O ca x a� c zo 'A lJ Ul) 17 N N O N 0 m O d' d •L L a ti M N N 08 LO O N N r� d Q O L a a� s i O C O is d G1 i Q C O cC x d C _ Q _ G1 E s v ca Q Packet Pg. 138 9.B.c 23 EXHIBIT G LANDSCAPE PLAN c O ca x a� c c zo 'A lJ Ul) 11 N N O N 0 m O d' •L L a ti M N N 08 LO O N N d Q O L a a� t i O C is d p i Im Q C O cC x d C C Q C G1 E s V c0 Q Packet Pg. 139 9.B.c 24 ::/:II:Iki: SAMPLE ELEVATIONS AND ADDITIONAL OPTIONS FOR SELECTION BY HOMEBUYER Packet Pg. 140 9.B.c 25 _ O EXHIBIT I x a� SAMPLE DEVELOPMENT IMPROVEMENT AGREEMENT Q 'A lJ Packet Pg. 141 9.B.c WE EXHIBIT J RECAPTURE FEES The total recapture fee is $1,876.99 for all of the Property payable to the Village by Developer on May 2, 2022 Packet Pg. 142 9.B.c 27 1::4:11:3li7 I "., 1!WA rrr_T:i'rAW* 1 k EXHIBITS C, D, E AND F COLLECTIVELY REFERRED TO AS PRELIMINARY PLAN Packet Pg. 143 9.0 Ordinance No. 0-2022-46 : Ordinance Annexing the Property at 22405 & 22371 Prairie Road ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends that the Village Board approve an Ordinance annexing the property at 22405 & 22371 Prairie Road. THG Holdings is looking to redevelop two acres of unincorporated property at 22371 & 22405 N Prairie Road. The plan proposes to rezone the property into R4 residential district, resubdivide the property into six single-family lots for future single-family homes. The property is currently improved with two residential properties. ATTACHMENTS: • BOT Memo Regarding Annexation (DOCX) • Ordiance Annexing Property (DOCX) • Exhibit B Plat of Annexation (PDF) Trustee Liaison Pike Monday, April 18, 2022 Staff Contact Nicole Woods, Community Development Updated: 4/12/2022 3:31 PM Page 1 Packet Pg. 144 9.C.a VILLAGE OF BUFFALO GRONT DATE: April 14, 2022 TO: Dane Bragg, Village Manager FROM: Nicole Woods, Director of Community Development SUBJECT: Ordinance Annexing 22371 & 22405 N Prairie Road ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance annexing the property at 22371 & 22405 N Prairie Road. BACKGROUND THG Holdings is looking to redevelop 2 acres of unincorporated property at 22371 & 22405 N Prairie Road. The property is currently improved with two residential properties. The plan proposes to rezone the property into R4 residential district, re -subdivide the property into six single-family lots for future single-family homes. As proposed, the project requires annexation with a rezoning to R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision. Further information and exhibits can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. Page 1 of 1 Packet Pg. 145 9.C.b ORDINANCE NO. 2022 - AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS 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, a written petition signed by all of the owners of record of the land and all the electors in the territory hereinafter described, requesting the annexation of such territory to the Village of Buffalo Grove, has been filed with the Village Clerk of the Village of Buffalo Grove; and, WHEREAS, said territory is not within the corporate limits of any municipality, but is contiguous to the Village of Buffalo Grove; and, WHEREAS, notice of the proposed annexation of such territory has been given to the appropriate authorities; and, WHEREAS, it is in the best interests of the Village of Buffalo Grove that such territory be annexed to the Village of Buffalo Grove. 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. That the real property legally described in Exhibit A attached hereto be and hereby is annexed to the Village of Buffalo Grove. A true and correct map of said real property is attached hereto and made a part hereof as Exhibit B. Section 2. The Village Clerk of the Village of Buffalo Grove is hereby directed to cause to be filed in the Office of the Recorder of Deeds of Lake County a copy of this Ordinance with an accurate map of the territory annexed. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: Packet Pg. 146 2 9.C.b NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk This document was prepared by: Nicole Woods Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, I L60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: Beverly Sussman, Village President Packet Pg. 147 3 9.C.b EXHIBIT A Legal Description PARCEL 1: LOT 4 (EXCEPT THE EAST 330.0 FEET THEREOF) IN BILUCK'S ACRES, BEING A SUBDIVISION OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE 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 1A: 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 OF THE 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 JUNE 15, 1956 AS DOCUMENT 912118, IN BOOK 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. Packet Pg. 148 9.C.b EXHIBIT B Plat of Annexation 17 N N O N 0 Q O L a k d _ _ Q G1 V _ cC L O _ s v ca Q Packet Pg. 149 I . .. . . .. . . . . . . .- � e J © ;»■ ` -- - - — - -- -- `'«^~`. 99---- o OIJIDJd w &¥-�-® v : � \|� k \( 9.D Ordinance No. 0-2022-47 : Ordinance Approving a Rezoning to R4 for the Property at 22405 & 22371 Prairie Road ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action The PZC unanimously recommended approval, subject to the conditions and obligations in the attached Ordinance. Staff concurs with this recommendation. THG Holdings is looking to redevelop two acres of unincorporated property at 22371 & 22405 N Prairie Road. The plan proposes to rezone the property into R4 residential district, resubdivide the property into six single-family lots for future single-family homes. The property is currently improved with two residential properties on it.Further information and details about the project can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. ATTACHMENTS: • BOT Memo Regarding Rezoning for the Property at 22371 & 22405 Prairie Rd (DOCX) • Ordinance Rezoning (DOCX) • Exhibit B Plan Set (PDF) • Exhibit C PZC Minutes(PDF) Trustee Liaison Pike Monday, April 18, 2022 Staff Contact Nicole Woods, Community Development Updated: 4/12/2022 3:32 PM Page 1 Packet Pg. 151 9.D.a DATE: TO: FROM: SUBJECT April 18, 2022 Dane Bragg, Village Manager Nicole Woods, Director of Community Development Ordinance Rezoning 22371 & 22405 N Prairie Road to R4 Residential District ACTION REQUESTED Staff recommends that the Village Board approve an ordinance granting approval of the rezoning and development of the 22371 & 22405 N Prairie Road. BACKGROUND THG Holdings is looking to redevelop 2 acres of unincorporated property at 22371 & 22405 N Prairie Road. The property is currently improved with two residential properties. The plan proposes to rezone the property into R4 residential district, re -subdivide the property into six single-family lots for future single-family homes. As proposed, the project requires annexation with a rezoning to R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision. Further information and exhibits can be found in the attached meeting materials provided in the public hearing agenda section of the Board packet. v N N 0 N O Page 1 of 1 Packet Pg. 152 9.D.b ORDINANCE NO. 2022- M 0 X aD AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE L OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS a 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, the property legally described in Exhibit A hereto was annexed to the Village of Buffalo Grove by Ordinance No. 2022 - _ pursuant to a written Annexation Agreement dated , 2022 and approved by the Village by Ordinance No. 2022 - _ ("Annexation Agreement"); and WHEREAS, THG Holdings LC -Series E, an Illinois series limited liability company ("Applicant") applied for a zoning map amendment; and WHEREAS, notice of public hearing for a map amendment has been given and a public hearing was held on April 6, 2022 before the Village of Buffalo Grove Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE c �a VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: O Section 1: Map Amendment. A zoning map amendment from R-E One -Family Residential District to the R-4, One Family Dwelling District is granted for the property described N 0 N in Exhibit A ("Property"). The Comprehensive Zoning Ordinance of the Village of Buffalo Grove, p Cook and Lake Counties, Illinois as amended and the Village's Official Zoning Map is hereby further amended to reflect the zoning districts for the Property. m Section 2: General Conditions. Development and use of the Property shall be in _ compliance with the Annexation Agreement and in accordance with the plan set in Exhibit B. c Unless otherwise expressly provided for in the Annexation Agreement, or otherwise expressly 0 approved by the Village Board, the Property shall be subject to and maintained in accordance _ 1 U a Packet Pg. 153 9.D.b �a with Buffalo Grove Municipal Code. x aT Section 3. This Ordinance shall be in full force and effect on and after its passage and L a approval according to law. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk This document was prepared by: Nicole Woods Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, I L60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove APPROVED: Beverly Sussman, Village President 2 Packet Pg. 154 9.D.b EXHIBIT A Legal Description PARCELI: 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 RAILWAYRIGHT 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 1 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 RAILWAYRIGHT 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 F- N SUBDIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST o QUARTER OF SECTION 21, TOWNSHIP 43 NORTH. RANGE 11, EAST OFTHE 0 THIRD PRINCIPAL MERIDIAN (LYING WESTERLY OF AND EXCEPTING THEREFROM THE RAILROADRIGHT OF WAY OF THE MINNEAPOLIS, ST. PAUL AND SAULT SAINT MARIE RAILROAD) ACCORDING TO THE PLAT 0 THEREOF RECORDED JUKE 15, 1956 AS DOCUMENT 912118, IN BOOK 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. aD 3 Packet Pg. 155 9.D.b EXHIBIT B Plan Set ca O a� •L L a M N N ad LO O le N N d Q O L a a� s L O O a1 C O N d 19 u N N O N 0 a1 C O N d d V C C L 0 C G1 E s ca a Packet Pg. 156 9.D.b EXHIBIT C Minutes from the 04/06/22 PZC Meeting 5 N N O N 0 Packet Pg. 157 9.D.c PROJECT NARRATIVE AVALON CROSSING A NEW SUBDIVISION ON PRAIRIE ROAD IN BUFFALO GROVE, ILLINOIS replatting and annexation of " parcels of land located at 22371 and 22405 Prairie R unincorporated Lake County. County, west side. The proposed development would annex into Buffalo Grove and replat 2 acres of land in Lake i od R-4 residential homesThe li f i with approximatelyt bedrooms, bathrooms and 2 and 3 car attached garages. The exterior elevation will be aluminum or vinyl siding on the front, sides and rear with some brick or stone wainscot at the front. Most utilities for this new development will be extended and connected. The water main will be connected or looped from Avalon Drive from the north to connect at the south approximately 182 feet. * w0' ♦ i M southconstructed by the previous developer 30 years ago. Storm drainage with be connected from north to detention eq by calculations of impervious box fence 182 feet from existing fence to the corner of Edenvale Drive. Thanks in advance, " -� Z7 ,, - -,- -- - - '_' Derick Goodman, Manager THG Holdings LLC —Series E Developer 0 W d •L M a N N O N O d c ca a x W C E t a 747 Lake Cook Road, Suite 100W, Deerfield, IL 60015 1 (312) 260-9822 1 www.thehurongroup.com DEVELOPER BUILDER REMODELER REAL ESTATE Packet Pg. 158 9.D.c 0 w Avalon Crossing d �L List of Variations: d ►k47►14 ti N N O N 0 d cn a a m 7 x w c a� E s �a a 747 Lake Cook Road, Suite 100W, Deerfield, IL 60015 1 (312) 260-9822 1 www.thehurongroup.com DEVELOPER BUILDER REMODELER REAL ESTATE Packet Pg. 159 ;e Aljedoad ay; JOI VU 01 6uluozGU a 6ulnoiddV eoueu!pa0 : L'P-ZZOZ-O) IOS Ueld 8 llq!LIx3 :jU8W40e;;d d 0 Z uuuuum uuuuurvimmmi�wnmuuuumnuaweeuc�wuumnouuuuuu m um v ,.. ,,,i�m..aiuuri� uuummmm�mimmuue �imuuumr� ,. ;e Aljedoad ay; JOI tia 01 6uluozGU a 6ulnoiddV aoueu!paO : L'P-ZZOZ-O) IOS Ueld 8 llq!4x3 :IU8W40e;;d F § to 2 1 w P P, J E, 9AJJG UOIDAV m-- am E T co) it Y ty � �I�`�,y" 119; L uj L.00 s — -- -------- ED - ------ - ---- - - - -- --- - ---- ------ '1" 1-71 ..... —,= OAMO t P�'— — — - - - — — — — — UOIDAV cL N o dg A 1, Tip h (65# 9a- 1junoo) PDON OIJIDJd W L" T — - - --------- A - ---------------- - 13- NN., H g 1,01 21 , gE -b" % ',J R ao� I I . .. . . .. . . . . . . .- � e J © ;»■ ` -- - - — - -- -- `'«^~`. 99---- o OIJIDJd w &¥-�-® v : � \|� k \( PLAT OF DEDICATION TO THE COUNTY OF LAKE FOR PUBLIC ROADWAY PURPOSES PARCEL is THE WEST 2D FEET OF LOT 4 IN RILL-KNO ACRES, BFING A SUODIVIEJIUN Of' THF. NORTHWEST QUARTER OF THE 50UP EAST QUARTER ()F SFGTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAS'T OF THE THIRD PRINCIPAL MFRIDIAN. (LYING WEATERLY OF AND EXCEPTING THEREFROM THE RAILWAY RIGHT OF WAY' OF THE MINNFAVOLIS, St. PAUL AND 9AULT 5'TE. MARIE RAILROAD) ACCORDING TO T1IA PLAT THEREOF RECORDED N— iW, AS DO(:'UMENT NO. 912118. IN ROOK 145) OF REGORD3, PAGE 54B, IN LANE SOUN71, ILLMGIS'. PARCEL 2: THE WEST 20 FEET OF LOT 3 IN RILI.IIR ACRES, BEING A SUBDIVISION OF THE NORr,-ST QUARTER OF THE SODTEIEA9T QUARTER OF Sf�CHON 21. TOWNSHIP 41 NORTH. F'J GE 11. EAST OF THE THIRD PRINCIPAL MERIDIAN (LYING WESTERLY OF AND SS FEET INO THEREFROM THE RAILROAD RI(:I'TT OF WAY OF THE MINNEAPOLIS, S'T. PAUL AND SAL LT SAINT MARIE RAILROAD) ACCORDING 10 TFIE PLAT THEREOF RECORDED JUNE 15, 1011 AS DOCUMENT 912118, IN EGGS 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. (. 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ZO - J y O y u h mNo�q w e w 9: g am r c�i W o s� M c~i 'El z w O �¢ am _ F -tt�'tt F �Qw F eW3tt Fro U wK�U'F U 602+ U _ ma��+ roue + OU w U - o�w ao Sa - _ Rm IWN 3NFpao 9a 2 nL - - _ _ _ =60 6F 3w - _ - - 6Nrc> q?z= -¢qp� pgta oq -- mew a. °�9 a„a naLLV .— s � El W1W ca ts Rz tu z Z O00 + O �q�✓��y(q j�` m 0 O © O 'w/' O o a O (reaa =!�pl, uczzaw 1rewaao,a,y„ofcao1 aet!.omny,��e��p,o:a>zzoz-ol G L� > 4 N o�m =e co ° o777, S� I f �1 e (reaa =!�pl,. aw 1rewaao,a,y„o�ca G LIM > 4 N o�m =e co y Nzr o` co dpa�a 8 8 m€v�S t 3omm �= po o� 0 of a 5o11w o _ _ 3 W = — w C o p O do w ew sl" all 9.D.d 04/6/2022 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 6, 2022 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearings/Items For Consideration Consider Approval for Rezoning, Preliminary Plan, and a Plat of Subdivision 22371 & 22405 N Prairie (Trustee Pike) (Staff Contact: Nicole Woods) Community Development Director Ms. Woods provided a brief background on 22371 & 22405 N. Prairie. No variations. Staff is in support of the proposal. Mr. Goodman provided background on Huron group and Avalon Crossing subdivision, which they plan to develop and, in the process, demolish 2 homes and build 6. The first request is to annex the property for R4 residential use, noting no variations are being requested. Com. Moodhe ask if the homes there are on similar lots. Mr. Goodman said yes, and they are lined up with the existing homes. Chairperson Cesario commented on the road and how the extension of the road will be a nice addition to make it look complete. Com. Weinstein asked the petitioner if they have seen the staff recommendation and are good with the conditions. Mr. Goodman said yes. Com. Richards asked about future variations over time once residents move into the homes. �a 0 W d •L L a Mr. Goodman reference packet page 36, noting there is at least a 40 foot setback and about 50 to 60 feet to the street. N N Com. Moodhe asked if the extension of Avalon Drive would be a village street or private Co street. 0 Mr. Goodman said it will be a Village owned street. They only have to connect homes to sewer hookup, and they will be paying the recapture fee. Com. Moodhe asked staff if the extension of the street will make it easier for plowing. Mr. Sianis, Village Engineering, said everything will be much easier for plowing. Com. Worlikar asked about the fence 4 foot that is existing. Mr. Goodman said it had been approved by the county. They will be removing existing sidewalk and add sidewalk to make it continuous, make it conform to what is already existing. Chairperson Cesario entered the Staff Report as exhibit one. Packet Pg. 192 04/6/2022 9.D.d Mr. Rosenberg, Buffalo Grove Resident, said there is not enough room for 6 homes. He also asked about the wires that are not buried. Additionally, he asked when construction will start and what it will do to the property value. Mr. Goodman said it will begin in May. They are putting in storm sewer to collect sump pump water. He noted that the electrical lines are not in their property, but part of the County. He said the new homes will not impact the existing homes in a negative way in terms of property value. Additionally, he mentioned all houses are the same size and have the some lot sizes as the existing homes. Com. Weinstein made a motion to approval of the rezoning to the R-4 One -Family Dwelling District, a Preliminary Plan, and a Plat of Subdivision, subject to the conditions outlined in the staff report. Com. Richards seconded the motion. Chairperson spoke in favor of the motion. Com. Moodhe spoke in favor of the motion. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 4/18/2022 7:30 PM AYES: Moodhe, Spunt, Cesario, Weinstein, Au, Richards, Worlikar ABSENT: Zill Khan EXCUSED: Stephen Goldspiel Consider Approval - Amend to PD, SU, Plat of Sub, Prelim & Final Dev Plan, SU and Var at Town Center (Trustee Johnson) (Staff Contact: Nicole Woods) Director Community Development Director Ms. Woods provided a brief background on the development. Mr. Schoditsch, Kensington Development, spoke about the development and the work they have done with staff to get the project moving. He went through the history of Kensington and their standing in the area. He touched on their partnership with Urban Street. He explained the overall vision of The Clove and the planned project to create a one -of -a -kind, eye catching retail mixed use center, which will create interest and compliment the surrounding developments. The Central Park in the middle of The Clove will activate the development with the lush landscape and outdoor dining, as well as making it walkable. The vision is in line with the community's vision. He talked about the parcels that are not being bought, but explained they are well positioned to purchase if they were to be sold. Additionally, he talked about the two phases and the purpose of the two phases as a big picture, noting the existing tenants will find their home in Phase 2, while work is done on Phase 1. Lastly, he went through the site plan from south to north. Calloway discussed, on a high level, the traffic and parking plan. He discussed the uniqueness of the development and its access points. He believes the mixed use and the access, the signalized intersections, provide adequate access to the site. The improvements made to Lake Cook also helps with the traffic the site may generate. Mr. Clark provided background on the landscape plan and the importance of the central green and how it creates a sense of place within the site as well as the community. He talked about programmed events that will breathe life into the site. He showed in the PowerPoint the difference in the green space that will be added to the site. Lastly, �a 0 W d �L M a v N N Co N 0 Packet Pg. 193 04/6/2022 9.D.d touched on the pedestrian connectivity that they have created to rid of conflict points between people and cars. 0 Mr. Brown provided a brief overview of the overall utility plan. He noted the site is flat L and drains north to south, discussing the storm and drainage storm water will be much L the same. The overflow route will bring it all to the existing detention basin. He went a over the pervious and impervious changes, which creates less runoff, a benefit to the site N and the infrastructure. In closing he noted they will have to maintain and make small N enhance to the pond, but the pound will be able to support the site. LO Mr. Schoditsch went over the signage plan, which will go at each access points and 0 N eplained why the signage is important to the site. He explained the anchors will need to be larger signs, but also wants the smaller tenants to have proper signage to be successful. Larger one on lake cook rd. will be a modernized electronic sign. a Mr. Ludwig provided background on Building signage, architecture, and exterior design. 0 L a Mr. Warlak talked about Guzman Y Gomez, an Australian restaurant. Noting it has been m a successful store in Naperville. It is a fast casual, colorful, and nice outdoor dining L ,o establishment that uses fresh ingredients with a clean environment. Mr. Wisem added more about the building colors and elevation of Guzman Y Gomez, 0 reviewing the square footage and outdoor dinning space. He talked about the drive -up =_ art graphics that wrap the towers, noting each restaurant has unique art work inside. 0 Mr. Rea provided additional overview of the out lot building architecture. CD �a Mr. Burk, Urban Street, provided background on the Urban Street group. He spoke about the rental housing market and the amenities of the mixed -use residential space. The o area is what the market is demand. Thanked the commission for their commitment to LQa• the project. Q Mr. Morkron went through the details of the development of Urban Street. Reviewed the d 7-story structure and the frontage retail that will be there on the first floor, promoting interconnectivity. There will be a surplus of parking in the garage and has parking on O each side as well. Retail spaces will have their own trash and be separated that from the residents. He reviewed the proposed exterior material and the next generation of apartment amenities. c Ms. Dixon reviewed the plan for the clubhouse space which includes, couches, chairs, N p dinning and outdoor cooking lounge area. She reviewed screening for the four seasons w and talked about snow storage and snow removal. Additionally, she talked about the fenced dog park secured for resident use. _ Com. Moodhe asked where they came up with the name for the development. N Mr. Schoditsch their marketing department was going for a name with a rich, warm, a v spice of life feels. }' Com. Moodhe asked about Brookfield, WI development as it relates to Buffalo Groves w demographics. Mr. Schoditsch said no, the demographic is closer to Oak Brook. Buffalo Grove is more _ E residental than re �a Com. Moodhe asked about the management company and if it was going to be Q contracted out. Packet Pg. 194 04/6/2022 9.D.d Mr. Schoditsch said Ion properties is the management company, noting they have a good relationship with them. 0 Com. Moodhe asked if they will be looking at it in a similar light as the developers. L Mr. Schoditsch talked about the leasing plan, that the management company 79 a understands the overall feel of high end will be throughout. Com. Moodhe asked about sidewalk width throughout the development. M N 06 Mr. Rea said they have a mixture of sidewalk width, with a minimum of S foot to c upwards of 10 foot as it gets closer to the park. cC11 N Com. Moodhe asked if we are reducing retail square footage due to the parking garage and on the southeast side. Mr. Rea said they are decreasing overall retail square footage relative to what is d o currently there. a m Com. Moodhe asked staff if an impact study was done on sales tax as it relates to the i new development and the loss of retail square footage. Community Development Director Ms. Woods reviewed the Lake Cook Corridor Economic C Development Plan for the site. Noting the Village is confident the retail dollars will a� exceed what is currently coming in, especially with the grocer and well established restaurants that are not there currently. N Deputy Village Manager, Mr. Stilling provided additional comments on the poor design of the current space. c Com. Moodhe commented that he wants to make sure we are not building town center o all over again with residents in it. a Q Mr. Schoditsch said they put a lot of thought into the development. He noted the key elements that will make this development successful. c Com. Moodhe asked about parking first floor of garage for retail. O Mr. Schoditsch said the first floor of the parking garage is all for the residents, with 40 to 60 for retail tenants. N N Com. Moodhe asking if they were looking at passive/hanging greenery on the parking CO structure. O Mr. Schoditsch said no. Com. Moodhe said he would like to see something there because it is so large. _ Com. Moodhe asked the Village attorney asked if they are restricted to the variances v N listed in the packet. a U Mr. Brankin, Village Attorney, said that is what is before. He told the Commission to keep in mind what is before them is an amendment baked into the approved PUD. s x Com. Worlikar asked about the parking, specifically how much of that space will be w utilized/designation of spaces. Mr. Rea talked about the designation of parking spots. Com. Worlikar asked about the landscape and what the Village forester has said. Q Packet Pg. 195 04/6/2022 9.D.d Ms. Woods said the forester has reviewed the plan and has made some suggestions to the plan and will work with the developer on the landscape plan. 0 Com. Worlikor asked about the delivery areas and emergency areas. L Mr. Rea talked about the service areas and the truck study that has been conducted with a the Village, which has met all requirements. Mr. Stilling provided additional information on the truck study and the additional access M N points in terms of safety plan. 06 LO Com. Worliker asked if any of the amenities would be open to the public that are part of 0 cC11 the residential development. N Mr. Rea said the amenities that are part of the residential development are for those who live there. Additionally, he talked about the other amenities such as benches, d c. sidewalks, and the programed park plans will be open to the community. 0 a` Mr. Stilling noted the Village will take control over the park and partner with the m developer to create a program plan to active it on a regular basis. Mr. Rea noted the outdoor dining is also available for non-residents of the development. �o 0 Com. Richards asked about the current tenants that are still in the current dwelling. a� c Ms. Shandish spoke about the phase 2 building and the investment that will be made for 0 the tenants to be there, ensuring it is functional and safe. CD Com. Richards asked about repair on old checker. c Mr. Rea talked about the repairs that will be done. o L Com. Richards asked if they are going to be making improvements to the right aways. a Asking if anything will be touched to the roads that have been recently redone. a d U Mr. Rea said they will not be making any improvements to the road improvements that have already been completed. L Com. Spunt about if parking spots will be assigned and there were gates to access the O garage. v Mr. Rea said yes, they will have assigned parking spots for tenants and there will be gate N N CO access. Com. Spunt asked about the pool at the residential development. w as Ms. Dixon said there is no whirlpool. _ Com. Spunt asked about public restrooms throughout the site. U Mr. Rea said no. N a U Com. Spunt referenced page 41. He asked if there would be a sun glare off of the windows. s x Mr. Shandish said there is a lot in the way and would not cause any glare to drivers. w Com. Spunt reference page 11. He said he is concerned with the main attraction and the c E access to the grocer. Packet Pg. 196 04/6/2022 9.D.d Mr. Schoditsch commented on the importance of the grocer and noted that the access points are more than sufficient. Com. Au asked about the parking structure and what will happen during peak times, such as issues when everyone is trying to leave the building. Mr. Calloway said there is plenty of room to move around and make their way to the different access points. Com Au asked if there was a lighting plan for the Central Park. Mr. Stilling said there will be surrounding lighting, however, right now there is no lighting plan for the park. There is now time to create a plan for the park. Mr. Schoditsch will bring proper infrastructure to the site to allow for lighting in the future. Com. Weinstein commented on the traffic study. Mr. Calloway said it will generate traffic, but it will not overwhelm the area because of the unique access points that are there. Additionally. the improvements of Lake Cook Rd also provided a lot of reserved capacity for traffic. Com. Weinstein asked about the total number of restaurants. Mr. Schoditsch said 6 or 7. Com. Weinstein asked if they could say what tenants are staying with the new development. Mr. Schoditsch said no. Com. Weinstein asked about full service vs. fast casual. Mr. Schoditsch talked about the restaurant plans. Com. Weinstein asked about drive -up windows. Mr. Schoditsch said there are two planned in phase one, and they could be a pickup window or drive up. Com. Weinstein commented on drive throughs. Mr. Stilling commented on drive throughs and the authority Kensington has an Boston Market, and what they have the potential to add as it relates to sit down restaurants. Mr. Schoditsch said they purposely left the pad with the Boston Market so they could add a full -service restaurant if it become available. Ms. Woods touched on walkability and the appropriate out lots. Com. Weinstein believes excitement will build when the names begin to be announced. Chairperson Cesario reference packet page 55. He asked if they are aware and comfortable with the requirements. Mr. Schoditsch said yes, they are. Chairperson Cesario asked about wall signs. Relative to the number of signs currently there, would there be a significant change. Mr. Rea said he is not sure how many are there are at the current development. Packet Pg. 197 04/6/2022 9.D.d Chairperson Cesario asked about the B4 Zoning Mr. Stilling provided additional detail. Com. Moodhe asked about seating area by the grocer that was in their previous plan. Mr. Rea said it was removed due to the slope that is there, which does not support a seating area. Com. Moodhe asked when phase 2 is down, will there be more variances. Mr. Stilling yes there may be some additional amendments throughout the process if there are variances, which allows for flexibility in the future. Chairperson Cesario entered the Village Staff Report as exhibit one and the email received as exhibit two. Evelyn Crawford, 544 Cherbourg Ct. expressed their concerns for the retailers and the lack of community outreach the Village has done. They do not like Lake Cook Road and is concerned about additional traffic. Said they are not a fan of the 7-story building. Ford Culbertson, 201 N. Buffalo Grove Road, asked about old checker road and the condition. Are the developers going to maintain the road? Poor lighting is also a concern. During construction is that road going to be closed. Worried about the grocer that will compete with the bakery. Thinks it will bring business and will grow the community. Appreciates what the Village is doing to try an improve the area and hopes it works. Rich Kane, 125 N. Buffalo Grove Road, Condo board of Turnberry. Spoke about the residents that live there. Asked about the hours of construction, cleanliness of the site and how they can continue to live with the construction. He asked that the developers to communicate with Turnberry. Lastly asked about security for the building and dog park hours. Dolly Granszowaiz, 125 N. Buffalo Grove Road, Turnberry resident. Asked how far the building is going to butt up to their property. She wants to know if she can they still use the back entrance and how the walkways work. In closing said she is all for something new and is excited for the change. Mr. Perez, 125 N. Buffalo Grove Road, Turnberry resident. Wants to know the impact of the building. Mr. Peock, owner of the auto repair shop on Buffalo Grove Road, asked about the impact the development will have on his existing sewer concerns. He expressed his concerns over how close the sidewalk is to 83 due to the reckless drivers on 83. Overall, the development is exciting. A current tenet of Buffalo Grove Town Center spoke in favor of the development, explained how excited she is for what is going to happen. She commented on how well the developers have communicated with her and thank the team. Chairperson Cesario read the email received by the Village from Greg Merrit, resident of Buffalo Grove. Mr. Schoditsch said they will talk to the president of Turnberry Mr. Sianis said there will be a maintenance review of access to the development as it is under construction and will communicate that with the public. I- v N N Co N 0 Packet Pg. 198 04/6/2022 9.D.d Ms. Woods said they will maintain accessibility. Com. Moodhe asked if the Village has an ordinance for construction hour. Mr. Sianis said yes, they are 7am to 5pm. Noting the Village does strongly enforce the ordinance. Chairperson Cesario closed the public hearing at 10:13 PM. Com. Weinstein made a motion to grant approval for an amendment to Planned Development Ordinance No. 85-61, as amended, requesting approval for a special use for mixed use Planned Unit Development and approval of a Final Plat of Subdivision and Preliminary and Final Development Plan approval with Special Uses and Variations for a proposed plan for a 20-acre mixed -use redevelopment center with grocery store, retail, restaurants, and multi family residential at the Buffalo Grove Town Center. Com. Moodhe seconded the motion Chairperson talked about the engagement process that took place for the plan. Spoke in favor of the development. Com. Worlikar spoke in favor of the development and the engagement process that has been done. Com. Moodhe spoke in favor of the development. Com. Spunt spoke in favor of the development. Com. Weinstein spoke in favor of the development and how it is a start of the big picture. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 4/18/2022 7:30 PM AYES: Moodhe, Spunt, Cesario, Weinstein, Au, Richards, Worlikar ABSENT: Zill Khan EXCUSED: Stephen Goldspiel Regular Meeting Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Mar 16, 2022 7:30 PM RESULT: ACCEPTED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Weinstein, Au, Richards, Worlikar ABSENT: Zill Khan EXCUSED: Stephen Goldspiel Chairman's Report Committee and Liaison Reports Com. Weinstein provided Com. Khans notes on the last Board meeting he attended. Packet Pg. 199 04/6/2022 9.D.d Staff Report/Future Agenda Schedule :6 M 0 Ms. Woods provided details on upcoming agenda items. W d •L Public Comments and Questions a Adjournment The meeting was adjourned at 10:22 PM Chris Stilling APPROVED BY ME THIS 6th DAY OF April 2022 I- v N N O N 0 Packet Pg. 200 Action Item : Avalon Crossing Development Improvement Agreement ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval subject to the review and approval by the Village Attorney. Staff recommends approval of the Development Improvement Agreement for a six home residential development named Avalon Crossing at the southeast corner of Prairie Road and Edenvale Drive, subject to the receipt of the required fees and the Village Attorney review. ATTACHMENTS: • Avalon Crossing DIA Memo (PDF) • Development Agreement Avalon Crossing final clean_3-29-22 (PDF) • Avalon Crossing_DIA Exhibit D_EOPC(PDF) • Avalon Crossing_Engineering-Landscpaing Plans_2022-02-15 (PDF) • Plat of Subdivision_2022-02-23 (PDF) Trustee Liaison Staff Contact Johnson Darren Monico, Public Works Monday, April 18, 2022 Updated: 4/12/2022 3:46 PM Page 1 Packet Pg. 201 11.A.a VILLAGE OF MEMORANDUM DATE: March 29, 2022 TO: Dane Bragg, Village Manager FROM: Darren Monico, Village Engineer SUBJECT: Avalon Crossing Development Improvement Agreement THG Holdings LLC has submitted a Development Improvement Agreement for the Avalon Crossing Development located at the southeast corner of Prairie Road and Edenvale Drive. This development includes six (6) new residential homes and site and utility improvements along Prairie Road and Avalon Drive. The Development Improvement Agreement, or DIA, is an agreement between the Developer and the Village and identifies the items to be constructed by the developer on the project site in addition to the new residences. Typical items for this type of development include sidewalks, roads, and all utilities such as water main, storm, and sanitary sewers. With this agreement, the developer agrees to provide security as required in the Village Code until the developer completes the required items. Packet Pg. 202 3/29/2022 11.A.b AVALON CROSSING Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into as of this day of , 2022 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 THG Holdings LLC - Series E (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) Engineering Plans prepared by Pearson, Brown & Associates, Inc., who are registered professional engineers (the "Engineering Plans"), which Engineering Plans were approved by the Village pursuant to Ordinance No. and (ii) Final Plat of Subdivision prepared by R.E. Allen and Associates, Ltd. ("Final Plat of Subdivision"), (iii) Plat of Dedication to Lake County for Public Roadway Purposes prepared by R.E. Allen and Associates dated January 13, 2022 ("Plat of Dedication") (hereinafter collectively the items (i), (ii), and(iii) "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 occupancy 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 1 Packet Pg. 203 11.A.b shall be installed prior to paving. 2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the Improvements described in Exhibit "B" hereto. No later than five (5) business days following the execution of this Agreement by the Village and Developer 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 Three Hundred Fifteen Thousand Eight Hundred Ninety -Three and 00 100 Dollars ($315,893.00), 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 2 Packet Pg. 204 11.A.b officers, agents, or employees. 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 subject to Force Majeure). "Force Majeure" as used herein shall mean a delay in Developer's performance hereunder caused by weather, labor or supply delays, 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 occupancy 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 (i) foundation permits may be issued upon (a) recording the Final Plat of Subdivision, (b) execution of the 3 Packet Pg. 205 11.A.b Annexation Agreement and the Development Improvement Agreement by Developer and the Village, (c) the Property has access to fire hydrants and (d) the foundation permits are in conformance with the Plans, (ii) building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadways have been constructed as described above, notwithstanding the fact that all Improvements within the Development may not be completed. 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of 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 Village shall approve reductions in the amount of the Letter of Credit and 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. 0 Packet Pg. 206 11.A.b 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). 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 Five Thousand Dollars ($5,000.00). 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 Developer's 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 Five Thousand Dollars ($5,000.00). If the Developer has not made the additional deposit required to maintain the total cash deposit within five (5) business days from the date Developer 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 (excluding occupancy 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) business 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 Developer's 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 5 Packet Pg. 207 11.A.b 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. 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 not less than thirty-(30) days in advance of termination or cancellation. 11. No final occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational. 12. The Developer acknowledges that Developer is responsible for the proper control of weeds, grass, refuse, and junk on all property which Developer 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 Developer's 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 Property 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 Packet Pg. 208 11.A.b 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 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 Engineering Plan, Final Plat of Subdivision or Annexation Approval Ordinance 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. [Remainder of this page is intentionally blank —signature page follows] 7 Packet Pg. 209 11.A.b 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: Village President DEVELOPER: THG Holdings LLC - Series E 747 Lake Cook Road, Suite 10OW Deerfield, IL 60015 By: Name: Derick B. Goodman Title: Manager Packet Pg. 210 11.A.b AVALON CROSSING (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A LEGAL DESCRIPTION PARCEL 1: 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 OF THE 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 1A: 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 OF THE 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 JUNE 15, 1956 AS DOCUMENT 912118, IN BOOK 1453 OF RECORDS, PAGE 458, IN LAKE COUNTY, ILLINOIS. Known as: 22371 N. Prairie Road and 22405 N. Prairie Road PINs: 15-21-401-010, 15-21-401-012, 15-21-401-008 E Packet Pg. 211 11.A.b AVALON CROSSING (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT Description of Improvements 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. 10 Packet Pg. 212 11.A.b AVALON CROSSING (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Final Engineering Plans prepared by: Pearson Brown & Associates, Inc. Entitled: Avalon Crossing Consisting of: 13 sheet(s), last revised 02/15/2022 Final Landscaping Plans prepared by: dickson design STUDIO Entitled: Avalon Crossing Consisting of: 3 sheet(s), last revised 01/05/2022 Sample Architecture Plans prepared by: Entitled: Consisting of: sheet(s), last revised Final Plat of Subdivision prepared by: R.E. Allen and Associates, Ltd. Entitled: Final Plat of Subdivision Consisting of: 2 sheet(s), last revised 02/23/2022 (see following pages) 11 Packet Pg. 213 11.A.b AVALON CROSSING (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs (see following pages) 12 Packet Pg. 214 PEARSON, BROWN & ASSOCIATES, INC. JOB #: 21164 DATE: 2/15/2022 AVALON CROSSING BUFFALO GROVE, ILLINOIS PLAN DATE: 1/7/2022 REV. PLAN DATE: 2/15/2022 UNIT ITEM QUANTITY UNIT PRICE EXTENSION SANITARY SEWER 6" PVC SDR26 SANITARY SERVICE - NEAR 3 EA $2,100.00 $6,300.00 6" PVC SDR26 SANITARY SERVICE - FAR 3 EA $1,200,00 $3,600.00 TOTAL SANITARY SEWER $9,900.00 WATER MAIN 8" DIP CLASS 52 WATER MAIN 270 LF $70.00 $18,900.00 CONNECT PROPOSED 8" WM TO EXISTING 8" STUB 2 EA $1,000.00 $2,000.00 1.5" TYPE K COPPER WATER SERVICE COMPLETE - NEAR 3 EA $1,800.00 $5,400.00 1.5" TYPE K COPPER WATER SERVICE COMPLETE - FAR 3 EA $2,500.00 $7,500.00 TOTAL WATER MAIN $33,800.00 STORM SEWER 12" RCP STORM SEWER 426 LF $35,00 $14,910.00 4" CURB UNDERDRAIN COMPLETE 40 LF $20.00 $800.00 CONNECT PROP. 12" RCP TO EXISTING INLET 1 EA $1,000.00 $1,000,00 4'STORM CATCH BASIN, COMPLETE 3 EA $2,500.00 $7,500.00 2' STORM INLET, COMPLETE 2 EA $1,500.00 $3,000.00 5'STORM MH INSTALLED ONLINE EXISTING 30" STORM 1 EA $4,000.00 $4,000.00 TOTAL STORM SEWER $31,210.00 Page 1 of 3 Packet Pg. 215 PEARSON, BROWN &ASSOCIATES, INC. JOB #: 21164 DATE: 2/15/2022 AVALON CROSSING BUFFALO GROVE, ILLINOIS PLAN DATE: 1/712022 REV. PLAN DATE: 2/15/2022 UNIT ITEM QUANTITY UNIT PRICE EXTENSION PAVING E a) 2.0" HMA SURFACE 727 SY $15.00 $10,905.00 d) L- 2.5" HMA BINDER 727 SY $15.00 $10,905.00 r_ 9.0" AGGREGATE BASE COURSE 727 SY $12.00 $8,724.00 d)E a) GEOTEXTILE ROAD FABRIC 727 SY $3.50 $2,544.50 > p B-6.12 CURB & GUTTER (INCL. STONE BASE) 545 LF $22.00 $11,990,00 CL E 5' WIDE, 5" PCC SIDEWALK, ONSITE (INCL, 5" STONE BASE) 2715 SF $7.00 $19,005.00 a) E TOTAL PAVING $64,073.50 rL -M GRADING, DEMOLITION, EROSION CONTROL, & MISCELANEOUS (D > a) a STRIP SITE AS NEEDED, CUT & FILL SITE, & R.O.W. I LUMP SUM $ 25,000.00 $25,000.00 xm PAVEMENT AREAS TO SUBGRADE. FINE GRADE ROADWAY & BACKFILL CURB. RESPREAD TOPSOIL ON ALL DISTURBED AREAS. 0 L) DEMOLITION OF EXISTING STRUCTURES, HARDSCAPE, 1 LUMP SUM $30,000.00 $30,000.00 r— PAVEMENT, WALLS, TREE REMOVALS, AND DISPOSE ALL .2 DEBRIS OFFSITE. m STABILIZED CONSTRUCTION ENTRANCE (INCL, MAINTENANCE 1 SUMP SUM $5,000.00 $5,000.00 L. L) CONCRETE WASHOUT (INCL. MAINTENANCE) 1 LUMP SUM $1,000.00 $1,000.00 a.0 Lu SILT FENCE 500 LF $3.00 $1,500.00 0 1 INLET FILTER BASKET 8 EA $250.00 $2,000.00 :Ll .0 :E TREE PROTECTION FENCING 160 LF $3.50 $560.00 x Lu MONCIFILAMENT FABRIC BARRIER FOR INLEI PRO I'EC FION 6 EA $250.00 $1,500.00 4'HIGH SHADOW BOX FENCE 267 LF $20.00 $5,340.00 TOTAL GRADING, EROSION CONTROL, & MISCELANEOUS $71,900.00 p 0 LANDSCAPING OPINION OF PROBABLE COST (BY DICKSON DESIGN STUDIO) r- 0 PLANTINGS, FENCING, AND SEEDING 1 LS $61,059.25 $61,059.25 m TOTAL LANDSCAPING $61,069.25 r_ (D E Page 2 of 3 Packet Pg. 216 11.A.c PEARSON, BROWN & ASSOCIATES, INC. AVALON CROSSING BUFFALO GROVE, ILLINOIS JOB #: 21164 DATE: 2/15/2022 PLAN DATE: 1/7/2022 REV. PLAN DATE: 2/15/2022 UNIT ITEM QUANTITY UNIT PRICE EXTENSION • SANITARY SEWER WATER MAIN STORM SEWER PAVING GRADING, DEMOLITION & EROSION CONTROL, & MISC. LANDSCAPING (BY DICKSON DEISNG STUDIO) $9,900.00 $33,800.00 $31,210,00 $64,073.50 $71,900.00 $61,059.25 SUBTOTAL OPINION OF PROBABLE COST $271,942.75 10%CONTINGENCY $27,194.28 8% INCREASE FOR LETTER OF CREDIT $21,755,42 NOTE: THIS ENGINEER'S OPINION OF PROBABLE COST HAS BEEN PREPARED BASED UPON THE ENGINEER'S EXPERIENCE AS A DESIGN PROFESSIONAL AND IS FURNISHED FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A GUARANTEE OF ACTUAL CONSTRUCTION COST AND DOES NOT INCLUDE THE FOLLOWING: ENGINEERING FEES, TAP ON FEES, PERMITS, DEWATERING OTHER THAN SPECIFICALLY LISTED ABOVE, TIGHT SHEETING, ANY WET OR DRY UTILITY RELOCATION NOT SPECIFICALLY INCLUDED ABOVE OR LANDSCAPING ANY ITEM NOT SPECIFICALLY SHOWN IN THIS PEOPC ARE CONSIDERED INCIDENTAL TO THE COST OF THE PROJECT AND SHOULD BE INCLUDED IN THE UNIT PRICE FOR THE BID ITEMS LISTED ABOVE. Page 3 of 3 Packet Pg. 217 11.A.c 1111 F", dickson design T U Ifs � THE HURON GROUP (THG) 2/18/2022 22371 / 22405 N. PRAIRIE ROAD, BUFFALO GROVE, IL Landscape Architect's Opinion of Probable Cost INSTALLATION CODE QTY SIZE COMMON NAME UNIT EXTENSION PARKWAY/SHADE TREES - Deciduous CO 3 2.5" caliper Common Hackberry $ 913.00 $ 2,739.00 GB 3 2.5" caliper Ginkgo (male species) $ 1,256.75 $ 3,770.25 GD 3 2.5" caliper Kentucky Coffeetree $ 913.00 $ 2,739.00 LS 3 2.5" caliper American Sweetgum $ 913.00 $ 2,739.00 ON -LOT TREES - Evergreen TOT 34 8' high Mission Arborvitae $ 610.50 $ 20,757.00 FENCING - 264 L.F. Fence: 4' high, board -on -board $ 35.00 $ 9,240.00 MATERIALS - 2 C.Y. Soil Amendments $ 85.00 $ 170.00 - 6 C.Y. Shredded Hardwood Mulch $ 95.00 $ 570.00 - TBD S.Y. Kentucky Bluegrass Blend Sod - - SUBTOTAL - Plantings & Fencing: $ 42,724.25 - 7,334 S.Y. Hydroseed Blend $ 2.50 $ 18,335.00 SUBTOTAL - Turf: $ 18,335.00 GRAND TOTAL - estimated: $ 61,059.25 NOTE! This cost estimate represents a Landscape Architect's Opinion of Probable Cost. 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FBI all" It q, It lit M 1 1 via sy X1 sy; H; I IM 191 Via Rg t Ell, Hot 1 A ,s 11m it, MW EI jig "20 OM 'y L P o MR s lei wig !N0 RAW It game, Action Item : Pre -Application Discussion- 41 S McHenry (NCH Outlot) ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends discussion and referral to the Planning & Zoning Commission Staff has been working with GW Properties, which has the property under contract. GW has submitted a plan which shows a 10,000 square foot multi -tenant building. GW is finalizing their plans on the property and is seeking comments from the Village Board along with a referral to the Planning & Zoning Commission. The developer will provide the Village Board with an overview of their concept plan at the April 18, 2022 Village Board meeting. The attached memorandum provides a brief summary of their project. ATTACHMENTS: • BOT Referral Memo (DOCX) • NCH Outlot Plans (PDF) Trustee Liaison Johnson Monday, April 18, 2022 Staff Contact Chris Stilling, Community Development Updated: 4/14/2022 11:54 AM Page 1 Packet Pg. 237 11.B.a TO: FROM: DATE: SUBJECT MEMORANDUM Dane Bragg, Village Manager Christopher Stilling, Deputy Village Manager April 18, 2022 Is Pre -Application Discussion Proposed 10,000 Square Feet Retail Building at 41 S McHenry Background In 2019, the Village Board approved an amendment to the existing Northwest Community Hospital (NCH) site for a new 4-story 70,000 square foot medical office building and outlot. Initally, the project anticipated a 5,000 square foot quick service restaurant with drive -through on the outlot property. Staff has been working with GW Properties, which has the property under contract. GW has submitted a plan which shows a 10,000 square foot multi -tenant building. GW is finalizing their plans on the property and is seeking comments from the Village Board along with a referral to the Planning & Zoning Commission. The developer will provide the Village Board with an overview of their concept plan at the April 18, 2022 Village Board meeting. The following memorandum provides a brief summary of their project. Page 1 of 2 Packet Pg. 238 11.B.a Process Once the Board provides it feedback, the item can be referred to the Planning and Zoning Commission to discuss more specific details concerning parking, setbacks, building design, uses, signage and other bulk regulations. Based on the current configuration, the following approvals will be required: • Amendment to the Planned Development Ordinance • Preliminary plan approval • Approval of a veterinary clinic Action Requested The Developer is seeking comments from the Village Board related to the proposed plan. Should the Board conceptually support the plan; the item can be referred to the Planning and Zoning Commission to discuss more specific details concerning parking, setbacks, uses, landscaping and other bulk regulations. Page 2 of 2 Packet Pg. 239 GW 11.B.b 2211 North Elston Avenue, S Chicago, Illinois 60614 Main: 773.382.0445 Fax: 773.796.3037 April 12, 2022 Christopher Stilling, AICP Director of Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 O x U RE: Proposed Development to be located at 41 S. McHenry Road, Buffalo Grove, Illinois. ? L 2 Dear Chris, U GW Properties on behalf of GW McHenry BG LLC ("GW") is the contract purchaser of the vacant corner parcel at Lake Cook and McHenry, which is part of the larger Northwest Community Hospital development that recently opened. Our development plans include the construction of one new building up to 10,000sf of space and would be leased to most 2 .y likely two retail and/or restaurant tenants. Included in this package are some proposed plans such as a site plan, elevations, and renderings. The development should not be seeking any special uses, variances, or a zoning change. The access points would remain as currently constructed and no new off -site work would be required to perform on this plan. Once o completed, this project would be a compliment to the balance of the project and the larger community as a whole. 0 ra U .Q Through deep rooted and diverse relationships in the commercial real estate industry, GW Properties has developed an C expertise in retail and mixed -use properties. Over the past decade, GW principals have been involved in the brokerage, L investment, and development of over $750 million of real estate in the Chicagoland area. GW practices respectful a_ development through its collaborative approach of uncovering opportunities, optimizing value, and enhancing U) communities. This process has yielded a track record of proven results. c�a a4, 0 We look forward to working with the Village on this development and welcome discussion or questions on the project. 0 O 2 U Z Thank you for your consideration. c m E s U co Sincerely, Q GW Properties i /;111/�4 Mitch Goltz Principal rnitch�rwproperties.corrn Packet Pg. 240 1H,N, H-AS,o- ,a , ,dam d a aH,N, , �� bZ O I asn�i�isN", `J V��f18 3AOaOI Oil �I00� 371V1 F 42i l.?JN3HOW N a ■ '�� bZ O I sni�isN", 3AOaO O1VddflB Oil JI000 3NVl 9 Oa A. JN3HOW dO H3NNOO lSV3H1f10S S311213dOZld MJ k LL NVdd 311S lVIa3V ' ■ '�� bZ O I sni�isN", a 3AOaO OlV33f18 - O Oil JIOOO 371V1 F O2i A. JN3HOW 3O H3NHO01SV3H1f10S S311213dOZld MJ k 3 LL SNOIIVA3l3 - O3A'8 AHO OIIM _=� ' ■ '�HH bZ O I sn�i�isN ", a 3AOaO OIco VHHf18 02i JIOOO 371V1 F O2J AiJN3HOW --JO H3NHOO 1SV3H1f10S S311213dOZld MJ k L.L M31n a3Nao0 ❑E ' �. Z O I asn�i�isN", 3AOa`J OIVd�f1 �a°'N", J1�13S�3 O 3AOa`J OIV��f18 dil �I000 3)IVl F 42J l.i1N3HOW ((3oBn0 HON) /GueHoW S 41,uolssnosl(3 ugjealldd"Jd) sueld 1olinO HON :1u9uay38UV ti s ! 04 m pri no ea N CL 147 addµ ti i O g w �r^r irre d Co U . W ak 10 4 riJ Z sv r �s i a ric E a� C. -r w1. r v w" O nr o XO ca A u Ems w r> jB It twos h �s' r 0 "Cc 9 In its ara r, T :, � e Ask", f r�r, A aA i a "r F X 'l e ,LL rc ,ww i�A d7 Action Item : Agreement Between Village of Buffalo Grove, Buffalo Grove Park District, and the Buffalo Grove Lincolnshire Chamber of Commerce for a Business and Craft Fair at Buffalo Grove Days 2022 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. The Village Board requested staff work with the Park District and the Chamber to integrate the Buffalo Grove Lincolnshire Chamber of Commerce into the BG Days event. After discussion amongst the three parties, the Business and Craft Fair was identified 1) as a portion of the event that could return for 2022; 2) a good fit for success, as the business community supports the business community at the event; and 3) a separate event where the Chamber could support cost of the event, manage registrations, and keep finances simple and separate from the Village/Park District MOU. In the proposed agreement, the Chamber would retain any profits for this portion of the event. However, if the event loses money, they would also cover expenses. Staff recommends that the Village Manager be authorized to execute this agreement, pending final review and approval by the Village Attorney. ATTACHMENTS: • 2022-0418 BG Days Chamber Memo (DOCX) • 2022-0418 - 2022 Agreement - Chamber BG Days (DOCX) Trustee Liaison Staff Contact Stein, Ottenheimer Michael K Skibbe, Public Works Monday, April 18, 2022 1 1 Updated: 4/13/2022 8:10 AM Page 1 Packet Pg. 248 11.C.a MEMORANDUM DATE: April 18, 2022 TO: Dane Bragg, Village Manager FROM: Mike Skibbe, Deputy Village Manager/Director of Public Works SUBJECT: BG Days Chamber Agreement Is Policy Question Should the Village enter into an agreement with the Buffalo Grove Lincolnshire Chamber of Commerce regarding a Business and Craft Fair at BG Days 2022? Recommendation Staff recommends that the Village Manager be authorized to enter into an agreement with the Buffalo Grove Lincolnshire Chamber of Commerce and the Buffalo Grove Park District for a Business and Craft Fair to return to BG Days in 2022, pending final review by the Village Attorney. The Village and the Buffalo Grove Lincolnshire Chamber of Commerce (Chamber) have partnered on various aspects of the Buffalo Grove Days event over the years. The most recent agreement covered the years 2018-2020, however the 2020 event was cancelled. The Chamber did not participate in the 2021 event. When the Village Board approved the 2022 Memorandum of Understanding with the Buffalo Grove Park District, that agreement allowed for additional partnerships within the community. At the Village Board Meeting of Tuesday, January 18, the Board asked staff to work with the Chamber to facilitate a partnership. Staff, the Chamber, and the Park District have worked collaboratively to draft the proposed agreement before you this evening. Agreement Structure Among the items contemplated in the agreement: 1) The Business and Craft Fair, which supports the business community in Buffalo Grove, could not be run by anyone better than the Chamber that supports the same business community. 2) The Chamber is willing to cover all costs, registration, and event support of the fair. Page 1 of 2 Packet Pg. 249 11.C.a 3) In recognition of taking on the financial risk of the event, any proceeds will be retained by the Chamber. Neither the Village nor the Park District have exposure to this portion of the event if it does not break-even. This also simplifies finances. 4) A voting position within the BG Days committee, and coordination with the committee, are spelled out within the agreement. That position will need to be assigned with the committee and commission appointments in May 2022 to fulfill that obligation of the agreement. This agreement includes appointment of a Chamber member to the BG Days Committee. This appointment should be included in the committee and commission assignments in May 2022, as is standard practice. The Park District and the Chamber continue to work toward an agreement regarding business sponsorships and how they overlay with the overall sponsorship gathering at the event. They recognize that they are working toward the same goals and will revenue share if appropriate so that the business fair is not competing with overall event sponsorship. Staff and the BG Days committee will work with the Chamber to facilitate planning of this great addition to the BG Days 2022 event. Page 2 of 2 Packet Pg. 250 11.C.b AN AGREEMENT BETWEEN VILLAGE OF BUFFALO GROVE BUFFALO GROVE PARK DISTRICT BUFFALO GROVE LINCOLNSHIRE CHAMBER OF COMMERCE REGARDING BUFFALO GROVE DAYS This Agreement is between the Village of Buffalo Grove ("Village"), the Buffalo Grove Park District ("Park District") and the Buffalo Grove Lincolnshire Chamber of Commerce ("Chamber") relating to coordination of specific activities for Buffalo Grove Days. The Village, Park District, and Chamber in consideration of the following do hereby agree as follows: Term The term of this agreement shall be for one Buffalo Grove Days event to take place in 2022 ("Term"). Buffalo Grove Days Buffalo Grove Days is a community event planned annually each year over the Labor Day weekend ("BG Days"), sponsored and presented by the Village and Park District. The Village and Park District designate the responsibility for promotion and execution of the following event at BG Days exclusively to the Chamber: 1) Business and Craft Fair Business and Craft Fair The Village, Park District, and Chamber will work jointly to identify the locations of 10'x10' tent sites throughout BG Days at Mike Rylko Park. The Park District, as property owner, will retain final approval of the festival layout as per the intergovernmental agreement between the Village and Park District. The Village will mark the location of the tent to assist with site layout as part of the set up of the event. The Village, Park District, and Chamber will work jointly to identify the schedule for the Business and Craft Fair, within the larger overall schedule of events for BG Days. The Chamber shall be the sole operator of any tent provided for the purpose of selling craft goods or business services by business entities during BG Days during the Term. Food and beverage tents are separate, and specifically exempted. However, gourmet food goods, spices, or other unprepared food mixes and the like are allowed. Packet Pg. 251 11.C.b The Chamber will be responsible for tents, chairs, and tables, and any other set up requirements for operation of the Business and Craft Fair, if they choose to provide such appurtenances to fair vendors. Regardless, any tents brought to the site will conform with the guidance and must be safely anchored and secured. In addition, the Chamber will market, collect registrations, and coordinate with the businesses for set-up, scheduling, and support during the fair with Chamber volunteers. If mutually beneficial cost and labor savings can be realized with Village assisted procurement of 10x10 tents for the business fair, through existing vendor contracts, the Chamber will reimburse the Village. The cost of such tents will be determined in accordance with the contract that the Village has with the tent provider for Buffalo Grove Days without any mark-up by the Village. Decision will be made by the agency representatives listed below, as part of overall event planning. Financial Considerations The Chamber shall set all registration fees associated with the Business and Craft Fair, as they deem appropriate and in the best interest of the business community. Because the Chamber is assuming financial liability in the set up and coordination of the Business and Craft Fair, proceeds from the Business and Craft Fair will remain with the Chamber. Neither the Village nor Park District assume financial liability if the Business and Craft Fair does not break even. Any revenues from BG Days that fall outside the portion of BG Days contemplated in this agreement remain under the terms and conditions of the existing memorandum of understanding in place between the Village and Park District, solely. Buffalo Grove Days Committee The Village President, subject to the concurrence of the Village Board, shall annually appoint a representative of the Chamber to serve on the Buffalo Grove Days Committee, with all voting rights and benefits attendant thereto. The Chamber shall coordinate with the Buffalo Grove Days Committee, Buffalo Grove Days Village Liaison, and Park District Liaison for execution of the above events. Payment Due All accounts payable and sums being due to the Village from the Chamber of Commerce pertaining to the amounts due from the Chamber to the Village shall be due and payable within 60 calendar days after the event. A fee of nine percent (9%) simple interest (0.75% per month) shall be applied to all balances due and remaining in excess of 90 days, per Village policy. Agency Representatives The following staff members will be identified as the BG Days Liaisons from each agency, granted authority to coordinate agency responsibilities. Packet Pg. 252 11.C.b For the Park District: Erika Strojinc, Director of Recreation and Facilities For the Village: Mike Skibbe, Deputy Village Manager/Director of Public Works For the Chamber: Brad Schencker, President Future Events The Village, Park District, and Chamber intend to revisit all BG Days agreements following the 2022 event, to solidify future partnerships. Miscellaneous This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth below the parties' respective signatures. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Neither party may assign its rights or 3 obligations hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. No assignment shall relieve the assigning party of any of its obligations hereunder. Packet Pg. 253 11.C.b Village of Buffalo Grove 0 Dane C. Bragg Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Date: Buffalo Grove Park District 0 Ryan Risinger Executive Director Buffalo Grove Park District 530 Bernard Drive Buffalo Grove, Illinois 60089 Date: Buffalo Grove Lincolnshire Chamber of Commerce MI - Bradley Schencker President Buffalo Grove Lincolnshire Chamber of Commerce 50-1/2 Raupp Blvd Buffalo Grove, Illinois 60089 Date: Packet Pg. 254 Action Item : Refer Kensington's Development of the Clove Back to the May 18, 2022 PZC Meeting ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends that the Village Board refer this item to the May 18, 2022 Planning & Zoning Commission (PZC) for review and consideration. Staff recommends that the PZC's focus should be on the area of north of Old Checker Road. Kensington Development Partners has entered into a contract to purchase the existing 20-acre Town Center at northwest corner of Lake Cook Road and Route 83 and redevelop the property into a new development called The Clove. The development will include a new nationally recognized grocery store, retail, restaurants and luxury multi -family residential. Subsequent to the PZC public hearing and unanimous recommendation, Kensington has requested to expand upon their project by including the development of an outlot and extensive facade, parking lot and landscaping enhancements to the existing part of the center north of Old Checker. ATTACHMENTS: • BOT Memo to Refer Back to PZC Trustee Liaison Johnson Monday, April 18, 2022 (DOCX) Staff Contact Chris Stilling, Community Development Updated: 4/14/2022 2:45 PM Page 1 Packet Pg. 255 11.D.a VILLAGE, OF BUFFALO 1 4 DATE: April 14, 2022 TO: Dane Bragg, Village Manager FROM: Christopher Stilling, Director of Community Development SUBJECT: Request to Refer the Amendment to the Town Center Planned Development for the Clove to the May 18, 2022 Planning & Zoning Commission Meeting BACKGROUND Kensington Development Partners (Kensington) has entered into a contract to purchase the existing 20-acre Town Center at northwest corner of Lake Cook Road and Route 83 and redevelop the property into a new development called The Clove. The development will include a new nationally recognized grocery store, retail, restaurants and luxury multi -family residential. On April 6, 2022, the Planning & Zoning Commission (PZC) held a public hearing to consider the necessary zoning approvals for the project. Ultimately, the PZC unanimously recommended approval of the proposed project. Subsequent to the PZC public hearing and recommendation, Kensington has requested to expand upon their project by including the development of an outlot and extensive fagade, parking lot and landscaping enhancements to the existing part of the center north of Old Checker. Detailed plans for this portion of the project were not originally contemplated during the April 6, 2022 public hearing. Initially, Kensington thought this portion of the project was going to be part of a Phase 2 in the next 2-5 years. They now are seeking approval to proceed with the improvements as part of the overall project. Due to the change in the plans, the project requires a referral back to the PZC for further review and consideration of just the area north of Old Checker Road. The following is a revised (tentative) schedule: PZC to have a public hearing to hear changes to the plan as they relate to the area north of Old Checker Road. PZC will be asked to make a recommendation to the Village Board RECOMMENDATION Staff believes the enhancements to the area north of Old Checker Road will be an improvement to the overall plan. Therefore, staff recommends that the Village Board refer this item to the May 18, 2022 PZC meeting for review and consideration. Staff recommends that the PZC's focus should be on the area of north of Old Checker Road. Page 1 of 1 Packet Pg. 256 13.A Information Item : Executive Session - Section 2(C)(5) of the Illinois Open Meetings Act: (5) the Purchase or Lease of Real Property for the Use of the Public Body, Including Meetings Held for the Purpose of Discussing Whether a Particular Parcel Should be Acquired. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Executive Session - Section 2(C)(5) of the Illinois Open Meetings Act: (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. Trustee Liaison Sussman Monday, April 18, 2022 Staff Contact Dane Bragg, Office of the Village Manager Updated: 4/12/2022 3:54 PM Page 1 Packet Pg. 257