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2023-12-04 - Ordinance 2023-154 - AUTHORIZING A DEVELOPMENT IMPROVEMENT AGREEMENT WITH BELLE TIRE DISTIBUTORS, INC ORDINANCE 2023-154 AN ORDINANCE AUTHORIZING A DEVELOPMENT IMPROVEMENT AGREEMENT WITH BELLE TIRE DISTIBUTORS INC. WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970;and WHEREAS,the Village seeks to enter into a Development Improvement Agreement(DIA)with Belle Tire Distributors, Inc("Developer")for site improvements associated with the Belle Tire commercial development(a minor automobile repair with general retail sales)at 704 E Lake Cook Road, 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 Development Improvement Agreement is approved subject to 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 shall not be codified. AYES: 6—Johnson.Cesario,Ottenheimer.Stein. Bocek Weidenfeld NAYES: 0- None ABSENT: 0-None PASSED: December 4.2023 APPROVED: December 4.2023 PUBLISHED: December 5. 2023 ATTEST: APPROVED: � 4 , 1 - I �- `�i,.:' 'aly� M1•• M/�'�'v � Jane . �t�;ah-��7iPlage�'r-'��- Eric N.Smith,Villa President ��- �y ��=�U�:<v tiA?' '�.�.`-` �tir_G �:�+� V%� �� �i -,^— � �`��� - � �r�,J`-�` J?4,'3���,'\��� �'�l+"i.'1`i�v�tiL'-•A i Belle Tire Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS DEVELOPMENT IMPROVEMENT AGREEMENT ("Agreement"), made and entered into as of the 4th day of December, 2023 by and between the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Iliinois (hereinafter called the "Village"), and Belle Tire Distributors, Inc., a Michigan corporation (hereinafter called "Developer"). WITNESSETH: , WHEREAS, Developer desires to improve the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"), and in compliance with the Village's Development �, Ordinance, Developer has submitted to the Village certain (i) plans prepared by Christopher Enri�ht I�I Architects.who are registered professional engineers dated February 9,2024 and described in more detail in Exhibit"C"attached hereto and made a part hereof(the"Plans");and, WHEREAS,the Village is willing to approve said Plans,provided that this Agreement is executed as a condition precedent to the issuance of building permits for any buildings to be constructed on the Property to insure the completion of certain site improvements,. NOW,THEREFORE,it is mutually agreed as foliows: 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 ali pertinent ordinances and regulations of the Village and in accordance with the Plans(including any subsequent revisions requested by Developer and approved in writing by the Village pursuant to the Village's Development Ordinance). All utility lines and senrices to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the 1 j Improvements. Prior to the issuance of a building permit for the Improvements, Developer shall deposit I � either (i) cash (the "Cash Deposit") or (ii) a Letter of Credit acceptable to and in a form and substance ! approved by the Village (the "Letter of Credit"). The Cash Deposit or Letter of Credit shall be in the I amount of Three Hundred Twenty Five Thousand Eight Hundred Sixty Nine and NO/100 Dollars ($325,869.00),and shail be administered as further described in Paragraph 9 herein. I 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,conditioned or delayed. 4. 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 Developer or any of its contractors begin any of the work provided for herein, Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is reasonably 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,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 brought by any third party against 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 by Developer, independent contractors or sub-contractors or their officers,agents,or employees.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. 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 2 i I specified time limits shown on the Plans). "Force Majeure" as used herein shall mean a delay in � Develope►'s performance hereunder caused by a strike or labor problem,energy shortage,governmental � pre-emption or prescription, national emergency, or any other cause of any kind beyond the reasonable control of Developer.If work is not completed within the time prescribed herein,the Village shall have the right to draw on the Cash Deposit or Letter of Credit, as the case may be,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, Cash Deposit or Letter of Credit, as the case may be, shall automatically be reduced to serve as security for the obligations of Developer as set forth in Paragraph 7 hereof. 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 I and Board of Trustees. ' 7. Developer, for a period of one year beyond formal acceptance by the Village of any Improvements 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 Developer's negligence and/or its contractors' negligence. The obligation of Developer hereunder shall be secured by the Cash Deposit or Letter of Credit as 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 parking lots or access drives(to include curbs)set forth in the Plans that provide access to the Pro e have been com letel constructed exce t for the desi ned surface course. It is p �Y P Y , p b 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 parking lots or access drives have been constructed as described above,notwithstanding the fact that all improvements within the Property may not be completed. 3 i 9.A.The obligations of Developer hereunder as to the deposit of security for the compietion of � the Improvements and the one-year maintenance of said Improvements after acceptance by the Village (Paragraph 7)shall be satisfied upon delivery of the Cash Deposit or Letter of Credit. The Letter of Credit I i shall be made subject to the terms of this Agreement and shaii otherwise be in a form acceptable to the Village. B.Whether Developer provides the Cash Deposit or 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 Develo er or the Villa e as the case ma be under the rovisions of this , P g , Y , p 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 Developer causes the Improvements to be completed,the outstanding balance of the Cash Deposit or Letter of Credit, as the case may be,shall be reduced during the course of construction of the Improvements,approximate to 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 Cash Deposit or Letter of Credit, as the case may be, allocated 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,cash in an amount equal to fifteen (15%) percent of the total amount of the Cash Deposit or Letter of Credit,as the case may be, or an amount equal to fifteen (15%) percent of the cost estimate of the individual Improvement(s)shall be deposited with the Village for a period of one-year beyond formal acceptance by the Village of the Improvement(s).This cash deposit shall be defined as the Maintenance Cash Deposit in 4 this Agreement. E. As a portion of the security amount specified in Paragraph 2, should Developer provide a Letter of Credit, Developer also shall maintain a cash deposit with the Village Clerk in the amount of 1% of the Letter of Credit (but not less than $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 due to the actions of Developer or its failure to act; and after written notice of this condition, 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 I Maintenance Cash Deposit. Upon notification that the Maintenance Cash Deposit has been drawn upon, Developer shall immediately deposit sufficient funds to maintain the Maintenance Cash Deposit in the amount existing prior to the Village drawing upon the same. If 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 Developer had been granted. The Maintenance Cash Deposit shall continue to be maintained untii the 1-year maintenance guarantee period has lapsed.The Maintenance ' Cash Deposit may be drawn upon by the Village if the conditions of this Agreement are not met by 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 Maintenance Cash Deposit may be drawn upon immediately following notice to Developer and its failure to immediately remedy the situation. Notwithstanding the foregoing, if Developer has taken action to address the notice of noncompliance and is diligently pursuing a cure,the Village shall not draw upon the Maintenance Cash Deposit if the cure is not effectuated within such five (5) business day period. After termination of the one-year maintenance period and upon receipt by the Village Clerk of a written request for release of the Maintenance Cash Deposit, the Village will either notify Developer that the Improvements are not in a proper condition for final release of the Maintenance Cash Deposit,or shall release the Maintenance Cash Deposit within fifteen(15)days. 5 � I10. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is , installed and operational. , 11. Developer acknowledges that it 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 Developer shall continue to be responsible for the proper maintenance of any parcels of property for which Developer transfers ownership to the Village until such time as the Improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. � If Developer fails to perForm its maintenance responsibilities established in either this � paragraph or Chapter 8.32, the Village may provide a written notice to Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after 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. Notwithstanding the foregoing,if Developer has taken action to address the notice of noncompliance and is diligently pursuing a cure,the Village shall not draw upon the Maintenance Cash Deposit if the cure is not effectuated within such ten(10)day period. 13.Developer agrees that no Improvements are sized or located in such a way as to warrant any recapture payment to 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 Maintenance Cash Deposit to Developer. 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 Preliminary Plan or Annexation Approval Ordinance No. 2023-155 dated December 4, 2023, and the obligations contained therein. 6 ! I � 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 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. [END OF TEXT;SIGNATURES FOLLOW ON NEXT PAGE] 7 � I i � � IN WITNESS WHEREOF,the Village and Developer have caused this Development Improvement � i Agreement to be executed as of the date�rst above written. VILLAGE OF BUFFALO GROVE,an Illinois Municipal Corporation By Villa�e President \ DEVELOPER: BELLE TIRE DISTRIBUTORS,INC., a Michigan corporation By: � "c,• Name: NC �• ���� Title: V ` 8 � 1 I ► Belle Tire (Development Name) ' DEVELOPMENT IMPROVEMENTAGREEMENT EXHIBIT A LEGAL DESCRIPTION LOT 3 IN THE FINAL PLAT OF BLUESTONE RESUBDIVISION, BEING A RESUBDIVISION OF LOT 1 IN BUFFALO GROVE COMMERCE CENTER UNIT 1B IN PART OF THE WEST HALF OF THE SOUTHWEST � QUARTER OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE AND COOK COUNTIES, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 18, 2022 AS DOCUMENT 7862372,.IN LAKE COUNTY AND RECORDED JANUARY 20, 2022 AS DOCUMENT 2202019040 IN COOK COUNTY, ILLINOIS. KNOWN AS: 704 E. LAKE COOK ROAD, BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBER: 15-34-310-025 AREA=46.313 SQ.FT. OR 1.063 ACRES 9 i Belle Tire (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements set forth and depicted in the Plans, both public and private, including (to the extent applicable) earthwork, grading, roads or streets, parking lots, areas and/or parking facilities, sidewalks, sanitary and storm sewers,water main,drainage and storm water detention facilities,site grading,street lighting,landscaping,survey monuments and benchmarks. 10 Belle Tire (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Final Engineering and Landscaping Plans prepared by: Christopher Enrisht Architects Entitled: Final En�ineerin�Plans—Belle Tire Consisting of:20 sheet(s),last revised 2 9 2024 (see following pages) 11 Belle Tire (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs � (see following pages) 076998.000026 4857-5162-9219.3 12 Engineer's Cost Opinion - Overall Site Related Improvements ro e : e e ire u o rove Location: Buffalo Grove,IL Date:08/3112023 Revlsed: !!!8/2023 Item Quantity Unit Unit Cost Cost � General Sawcut and Remove Existing Asphalt 60 SY $5.00 $300.00 Sawcut and Remove Existing Curb and Gutter 206 LF $5.00 $1,030.00 Demolition-Scrub and topsoil 1 LS $5,000.00 $5,000.00 Subtotal for General $6,330.00 Eroslon Contro! Sift Fence 735 LF $2.50 $1,837.50 Concrete Washout 1 EA $500.00 $500.00 Temporary Construction EnVance 1 EA $5,000.00 $5,000.00 Inlet ProtecUon 10 EA $300.00 $3,000.00 � Erosion Control Blanket 85 SY $2.00 $170.00 Final Stabilization/Landscaping 1 LS $25,000.00 $25,000.00 ' Subtotal for Erosion Control $35,507.50 Pavement Standard Duty Asphalt Pavement 750 SY $28.00 $21,0OO.OD Heavy Duty Asphalt Pavement 1240 SY $32.00 $39,680.00 Concrete Pavement 565 SY $32.00 $18,080.00 Curb and Gutter 975 LF $20.00 $19,5D0.00 Concrete Walk 1820 SF $3.50 $6 370.00 4"Yellow Parking Striping SO LF $1.75 $140.00 Concrete Stoop(11.5'x5') 2 EA $625.00 $1,250.00 Painted HC symbol 2 EA $350.00 $700.00 ADA Crosshatch Area 350 SF $0.35 $122.50 ADA sign and post 2 EA $450.00 $900.00 4"white parking striping 760 LF $1.75 $1,330.00 10'x10'Trash Dumpster Enclosure and Gate 1 EA $6,600.00 $6,600.00 40'Flag Pole 1 EA $4,500.00 $4,500.00 Subtotal for Pavement $920,172.50 Sewers 48"DIa.Storm Manhole 6 EA $2,500.00 $15,000.00 12"RCP 355 LF $40.00 $14,200.00 15"RCP 150 LF $43.00 $6,450.00 10"HDPE Storm Sewer Pipe 50 LF $32.00 $1,600.00 Storm Cleanout in Pavement 1 EA $600.00 $600.00 CDS Structure 1 EA $5,000.00 $5,000.00 6"Sanitary Lateral,SDR-26 PVC 65 LF $30.00 $1,950.00 Sanitary Cteanout 2 EA $600.00 $1,200.00 Connect to Exisdng San'itary Sewer 1 EA $1,500.00 $1,500.00 Subtotal for Sewers $47,500.00 iltilifies Tapping Sleeve and Valve 1 EA $7,500.00 $7,500.00 8'x6"DI Tee 1 EA $800.00 $800.00 8"DI Water Service 75 LF $50.00 $3,750.00 8"x 8"Tee 1 EA $1,U00.00 $1,000.00 Cut in tee on 10"watermain 1 EA $1,200.00 $1,200.00 10"x8"Reducer 1 EA $800.00 $800.00 60"Dfa.Valve Vault 1 EA $5,000.00 $5,000.00 Retocate Existing Hydrant 1 EA $5,000.00 $5,000.00 Flre Deparfinent Connection 1 EA $1,150.00 $7,150.00 � 2"Gas Service Line 180 LF $15.00 $2,700.00 TxT Transformer Pad 1 EA $2,500.00 $2,500.00 � , Telephone and Electdc Conduits 350 LF $15.00 $5,250.00 Light Pole and Concrefe Base 4 EA $2,500.00 $10,000.00 Subtotal for Utilities $46,650.00 Landscape Trees,Shrubs,Grasses,Annuals/Perennials 1 LS $20,000.00 $20,000.00 Subtofal for Landscape $20,000.00 Total: $276,160.00 �)