2024-02-05 - Ordinance 2024-015 - AUTHORIZING A DEVELOPMENT IMPROVEMENT AGREEMENT WITH LAZY DOG RESTAURANTS, LLC ORDINANCE NO.2024-015
AN ORDINANCE AUTHORIZING A
DEVELOPMENT IMPROVEMENT AGREEMENT WITH LAZY DOG RESTAURANTS.LLC
WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the ILLinois Constitution
of z97o;and
WHEREAS,the Village seeks to enter into a Development Improvement Agreement(DIA)
vciith Lazy Dog Restaurants, LLC("Developer")for site improvements associated vvith the Lazy Dog
Restaurant commerciaL development at 51 McHenry 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 revievci and approval
by the ViLlage Attorney.
SECTION 3. If any section, paragraph,clause or provision of this Ordinance shaLL be held invalid,the
inva�idity 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.
1
AYES: 5-Johnson, Cesario.Stein, Bocek,WeidenfeLd
NAYES: o- None
ABSENT: i-Ottenheimer
PASSED: February�,2024
APPROVED: February 5,2024.
PUBLISHED: February 6,2o2a
ATTEST: APPROVED:
- �Z� �
�� ���� � �
Janet irabian,Village CLerk Eric N.Smith, ' lage President
>.11�-����"'L�'>.�,
�.�"`1i,�' �✓���ti� J�F'J
�*�U` y��~ 1 T��.^ii
.��•-
��.r" o���/A%ti �rr
��yF� ��'_�c,�.
�` w--v�-.� ��=
`�- ..n��
".'� _ �\ ,� �� �
� -�.:� �_'. �
J � � 1
! � �
l '� ��� t
f�ff,����t`,�al�u�'.ft��~�t
����.�,,,�r�,y�±��i`,��•
Lazv Do�
Development Name
DEVELOPMENT IMPROVEMENT AGREEMENT
THIS AGREEMENT("Agreement"), made and entered into as of this 5th day of Februarv.2024 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 the "Village"), and Lazy Dog
Restaurants,LLC,a California corporation(hereinafter called"Developer").
WITNESSETH:
111/HEREAS,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 Proof Civil, who are registered
professional engineers dated January 8. 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 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 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.
2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the
Improvements. No later than three(3) business days following the execution of this Agreement and prior
1
to the issuance of a building permit for the Improvements, Developer shall deposit cash in the amount of
Two Hundred Four Thousand Two Hundred Sixtv-Seven and 00 100 Dollars ($204,267.00) (the "Cash
Deposit")as further described in Paragraph 9 herein.
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 as their work relates to Developers scope of work
on the Property. 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 thirty-six(36) months following the date of this Agreement(except any Improvements
for which specified time limits are noted on the Plans,which shall be completed within the specified time
limits shown on the Plans)."Force Majeure"as used herein shall mean a delay in Developer's performance
2
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 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 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 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 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 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 parking lots or access drives have
been constructed as described above, notwithstanding the fact that all improvements within the Property
may not be completed.
v f
9.A.The obligations of De eloper hereunder as to the deposit o security for the completion of the
Improvements and the one-year maintenance of said Improvements after acceptance by the Village
3
(Paragraph 7)shall be satisfied upon delivery to the Cash Deposit.
B.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 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 Viliage further hereby agrees that to the extent that Developer causes the
Improvements to be completed,the outstanding balance of the Cash Deposit 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 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,an amount
0 0
equal to fifteen(15/)percent of the total amount of the Cash Deposit,or an amount equal to fifteen(15/)
percent of the cost estimate of the individual Improvement(s)shall be retained from the Cash Deposit for
a period of one-year beyond formal acceptance by the Village of the Improvement(s).
E. 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 Cash Deposit.Upon notification that the Cash Deposit has been drawn upon,
Developer shall immediately deposit sufficient funds to maintain the Cash Deposit in the amount existing
prior to the Village drawing upon the same. If Developer has not made the additional deposit required to
4
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 Cash Deposit shall continue to be maintained until the 1-
year maintenance guarantee period has lapsed.The Cash Deposit may be drawn upon by the Village if the
conditions of this Agreement are not met by Developer within fifteen (15)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 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 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 Cash Deposit,the Village will either notify
Developer that the Improvements are not in a proper condition for final release of the Cash Deposit or shall
release the Cash Deposit within fifteen(15)days.
10.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 thirty(30) 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
5
action to address the notice of noncompliance and is diligentiy pursuing a cure,the Village shall not draw
upon the Cash Deposit if the cure is not effectuated within such thirty(30)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 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. 2023-126 dated November 6. 2023, 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 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.
6
IN WITNESS WHEREOF,the Village and Developer have caused this Development Improvement Agreement
to be executed as of the date first above written.
VILLAGE OF BUFFALO GROVE,an Illinois Municipal Corporation
By
Villase President
DEVELOPER:
Lazy Dog Restaurants,LLC
3337 Susan St.,Suite 100
Costa Mesa,CA 92626
By:
Name:
Title:
7
Lazv Do�
(Development Name)
DEVELOPMENT IMPROVEMENTAGREEMENT
EXHIBIT A
LEGAL DESCRIPTION
LOT 2 IN BUFFALO GROVE CENTER RESUBDIVISION OF LOT 1 IN BUFFALO GROVE CENTER, BEING A
RESUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 33,TOWNSHIP 43 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED DECEMBER
29, 1983 AS DOCUMENT 2258952 IN LAKE COUN7Y,ILLINOIS.
EXCEPTING FROM SAID LOT 2 THAT PORTION TAKEN IN CONDEMNATION CASE NO. 17ED15, AN ORDER
VESTING TITLE WAS RECORDED JULY 11,2018 AS DOCUMENT NO.7497355,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;THENCE ON AN ILLINOIS COORDINATE SYSTEM
NAD 83(2007) EAST ZONE BEARING OF NORTH 80 DEGREES 43 MINUTES 18 SECONDS EAST ALONG THE
NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 7.99 FEET;THENCE SOUTH 9 DEGREES 16 MINUTES 29
SECONDS EAST,A DISTANCE OF 79.73 FEET;THENCE SOUTHERLY 110.18 FEETALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 1374.69 FEET,THE CHORD OF SAID CURVE BEARS SOUTH 11 DEGREES 34 MINUTES
15 SECONDS EAST, 110.16 FEET;THENCE SOUTH 36 DEGREES 43 MINUTES 08 SECONDS EAST,A DISTANCE
OF 24.41 FEET;THENCE SOUTH 65 DEGREES 24 MINUTES 39 SECONDS EAST,A DISTANCE OF 27.87 FEET;
THENCE EASTERLY 125.81 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2367.83 FEET,THE
CHORD OF SAID CURVE BEARS NORTH 76 DEGREES 50 MINUTES 07 SECONDS EAST, 125.79 FEET TO THE
EAST LINE OF SAID LOT 2;THENCE SOUTH 0 DEGREES 02 MINUTES 06 SECONDS EASTALONG THE EAST LINE
OF SAID LOT 2,A DISTANCE OF 26.70 FEETTO THE SOUTHEAST CORNER OF LOT 2;THENCE WESTERLY 132.03
FEET (130.69 FEET, RECORDED) ALONG THE SOUTHERLY LINE OF SAID LOT 2 ON A CURVE TO THE LEFT
HAVING A RADIUS OF 2341.83 FEET,THE CHORD OF SAID CURVE BEARS SOUTH 76 DEGREES 36 MINUTES
15 SECONDS WEST, 132.01 FEET TO THE SOUTHWESTERLY LINE OF LOT 2;THENCE NORTH 60 DEGREES 43
MINUTES 52 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 2,A DISTANCE OF 35.61 FEET
(35.60 FEET, RECORDED) (35.52 FEET, RECORDED)TO THE WESTERLY LINE OF LOT 2;THENCE NORTHERLY
153Z1 FEET(153.48 FEET, RECORDED)(152.10 FEET RECORDED)ALONG THE WESTERLY LINE OF SAID LOT
2 ON A CURVE TO THE RIGHT HAVING A RADIUS OF 1382.69 FEET,THE CHORD OF SAID CURVE BEARS NORTH
12 DEGREES 27 MINUTES 10 SECONDS WEST, 153.14 FEET (152.02 FEET, RECORDED) TO A POINT OF
TANGENCY ON SAID WESTERLY LINE;THENCE NORTH 9 DEGREES 16 MINUTES 42 SECONDS WEST ALONG
THE WESTERLY LINE OF SAID LOT 2;A DISTANCE OF 79.20 FEET(78.08 FEET, RECORDED)TO THE POINT OF
BEGINNING.
KNOWN AS: 51 MCHENRY ROAD, BUFFALO GROVE, IL 60089
PERMANENT INDEX NUMBER: 15-33-301-175
AREA=37,626.48 SQ. FT. OR 0.86 ACRES
8
�
Lazv Do�
(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.
5
9
Lazv Do�
(Development Name)
DEVELOPMENT IMPROVEMENTAGREEMENT
EXHIBIT C
Final Engineering and Landscaping Plans prepared by: PROOFCIVIL consultin�ensineers
Entitled: Lazv Do�—Buffalo Grove
Consisting of:10 sheet(s),last revised 01/08/2024
(see following pages)
10
Lazv Do�
(Development Name)
DEVELOPMENT IMPROVEMENT AGREEMENT
EXHIBIT D
Engineers Opinion of Probable Costs
(see following pages)
11