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2025-04-21 - Ordinance 2025-053 - LOT 3 BISON CROSSING - SDG DUNDEE DEV LLCu,\&w .D BUFEAIO GROVE AN ORDINANCE APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT AND A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT BETWEEN SDG DUNDEE DEVELOPMENT LLC, NP BUFFALO, LLC AND THE VILLAGE OF BUFFALO GROVE RELATED TO LOT 3 OF THE BISON CROSSING DEVELOPMENT AT 9T5.945 DUNDEE ROAD WHEREAS the Village of Buffalo Crove is a Home Rule Unit pursuant to the lllinois Constitution of 197O; and WHEREAS the real property ("Property") located at 915-945 Dundee Road, lL is improved with a Tesla Sales, Service and Delivery Center (Lot 1), while Lots 2 and 3 remain unimproved; the subject property is located in the B-3 Planned Business Center District (Lot I and 2) and the R-9 Multi-Family Dwelling District (Lot 3), and is hereinafter legally described in Exhibit A; and WHEREAS in 2023, the Village Board approved Ordinance No.2023{67 granting approval of a Planned Development for the Bison Crossing Development which included a Tesla Sales, Service and Delivery Center (Lot l), commercial outlot buildings (Lot 2), and a 4-story multi-family residenrial building (Lot 3); and WHEREAS in 2024, the Village Board approved Ordinance No.2024-12 granting approval of a Redevelopment Agreement between the Village and SDC Dundee Development LLC ("Shorewood") for the Bison Crossing development; and WHEREAS Noah Properties will acquire Lot 3 following approval of the Assignment; and WHEREAS Noah Properties will assume all obligations outlined in the Redevelopment Agreement and subject to the terms and conditions outlined in the Assignment attached as Exhibit B; and WHEREAS, Noah Properties will be constructtng the project in substantial compliance with the plans and conditions approved as part of Ordinance No. 2023 - 167 and the conditions therein; and WHEREAS the Corporate Authoritie determine and find that the requested Ass s of the Village of Buffalo C rove hereby iignment and Assumption of the oRDTNANCE 2025-053 WHEREAS in both Ordinances, the residential developer is identified as Double Eagle Development LLC ("Double Eagle"); and WHEREAS Shorewood has partnered with a new residential developer, Np Buffalo, LLC ("Noah Properties"), to complete the construction of the 4-story, multi- family residential building on Lot 3 of the Bison Crossing development site; and Page 1 of 7 smaft. with heart. 50 Raupp Blvd, Buffalo crove, tL @O89 \ 847-4S9-2SOO , vbg.org Redevelopment Agreement and the Minor Amendment to the Bison Crossing Planned Development are reasonable and will serve the best interests of the Village; and WHEREAS the proposed development shall be constructed in accordance with and pursuant to the following exhibits: EXHIBITA Legal Description of the Property EXHIBIT B Assignment and Assumption Agreement EXHIBIT C Revised Plan Set with Update to Title Block Showing Noah Properties as the Residential Developer NOW THEREFORE BE lT ORDAINED by the President and Board of Trustees of the Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows. SECTION l. The foregoing recrtals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Cor porate Authorities hereby adopt a proper, valid, and binding ordinance approving an Assignment and Assumption of the Redevelopment Agreement and a Minor Amendment to the Bison Crossing Planned Development to allow Noah Properties to develop the multi-family residential project on Lot 3 of the subject property located at 915-945 Dundee Road subject to the following conditions: The Assignment and Assumption Agreement shall be subject to the final review and approval of the Village Attorney. 2. The project shall be constructed in substantial compliance with the plans approved as part of Ordinance No. 2C23 -167 and the conditions therein. SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ord ina nce. SECTTON 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES - Johnson Cesario-5 c)tten heimer. Boc ek Weidenfe ldNAYES: O- None ABSENT: I - SteinPASSED: Aoril21.2O25 APPROVED: Aoril 21.2025 PUBLISHED: Aoril ,2025 Page 2 ot 7 smart with heart. 50 Raupp Blvd, Buffalo crove, lL 60089 \ 847-459-2500, vbg.org 6ro Eqn 7 9gg7- 65r- LrA \ 68009'I 'e^oj9 oleJJng ,p^l8 ddneu OS'Ieaq q]!/!A ?Jeurs Z ,o t a6ed S'N tr f lrelf a6ell tn'uetqellSA{r\auet-'Yl(TEjEretuaprsaJd e6e :cf nodddv :l-stLt-v EXHIEIT A Leeal cription Bison Crossing Development Site SUBJECT PROPERTY COMMON AODRESS: 915-945 Dundee Road LEGAL DESCRIPTION PARCEL 1: LOT 1 IN THE RESUBDIVISION RECORDEO JANUARY 31, 1980 AS DOCUMENT 25344703, BEING A RESUBDIVISION OF LOT 1 IN GRAND SPAULDING DODGE SUBDIVISION RECORDED DECEMBER 17, 1976 AS DOCUMENT 23752075, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ITLINOIS. PARCEL 2: LOT 1 IN CHRYSLER REALTY SUBDIVISION, A RESUBDIVISION OF PART OF AN UNNUMBERED LOT IN GRAND SPAULDING DODGE SUBDIVISION, RECORDED MAY 25, 1988 A5 DOCUMENT NUMBER 88224282, IN THE WEST 1/2 OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE VILTAGE OF BUFFATO GROVE, IN COOK COUNry, ILLINOIS. PARCEL 3 LOT 2 IN THE RESUBDIVISION RECORDED JANUARY 31, 1980 AS DOCUMENT 25344703, BEING A RESUBDIVISION OF LOT 1 IN GRANO SPAULDING DODGE SUBDIVISION, RECORDED DECEMBER !7,1,976 AS DOCUMENT 23752075, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNW, ILLINOIS. PARCE L 4: BEGINNING ATA ONE INCH OUTSIDE DIAMETER IRON PIPE MARKING THE NORTHEASTCORNER OF LOT 1IN CHRYSLER REALTY SUBDIVISION, A SUBDIVISION RECORDED MAY 25, 1988 AS DOCUMENT NUMBER 88224282; THENCE sourHwESTERLy WESTERLy AND NoRTHwEsTERLy ALoNG THE NoRTH LrNE oF sAtD LOT 1AS MONUMENTED, BEING A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 43O.OO FEEI ACHORD BEARING OF NORTH 84 DEGREES 55 MINUTES 06 SECONDS WESI A CHORD LENGTH OF 429.89 FEET, AN ARC LENGTH OF 450.17 FEET TO THE NORTHWEST CORNER OF sAID LOT 1, SAID NORTHWEST CORNER BEING ON THE EASTERLY LINE OF OLD ARLINGTON HEIGHTS ROAD A5 DEDICATED BY DOCUMENT Page 4 ot 7 smart with heart. 50 Raupp Blvd, Buffato Crove, tL60089 \ B4Z_459_2SOO qvb9 THAT PART OF THE WEST 1/2 OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: PINS: 03-08-101-020, 03-08-101-021, 03-08-101-025, & 03-08-101_028 Page 5 of 7 smart with heart. 5O Raupp Blvd, Buffato Crove, tL 60089 \ 847-459-2SOO, vbg.org 21043975; THENCE NoRTH 02 DEGREES 44 M|NUTES s5 sEcoNDs EAsr ALoNG sAtD EASTERLY L|NE, 5O7.47 FEET TO THE SOUTH LINE OF EAST DUNDEE ROAD AS DEDICATED BY OOCUMENT 2LO43g75; THENCE SOUTH 89 DEGREES 36 MINUTES 43 SECONDS EAST ALONG SAID SOUTH LINE, 402.65 FEET TO THE NORTHWEST CORNER OF LOT 1 IN THE RESUBDIVI5ION OF LOT 1 IN GRAND.SPAULDING DODGE, ACCORDING TO SAID PLAT OF RESUBDIVISION RECORDED JANUARY 31, 1980 AS DOCUMENT 2 53447Q3; THENCE SOUTH OO DEGREES 07 MINUTES 47 SECONDS EASI ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 542.24 FEET TO THE potNT OF BEG|NNtNG; tN COOK COUNry |LUNO|S. EXHIBIT B Assitnment and Assumption Agreement Noah Properties Residential Development 915-945 Dundee Road Page 6 of 7 smart with heart. 50 Raupp Blvd, Buffalo crove, tL 60089 \ 847_459_2500, vbg.org ASSIGNMENT AND ASSUMPTION OF PORTIONS OF A REDEVELOPMENT AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF PORTIONS OF A REDEVELOPMENT AGREEMENT ( 'Tssigan ent"), is made and entered into as of the 2lst day of April. 2025, by and among the VILLAGE OF BUFFALO GROVE, ILLINOIS, an Illinois municipal home rule corporation. located in Cook and Lake Countv. Illinois (the "Yillage"), SDG Dundee Development LLC, an lllinois limited liability company or its assigns ("Developer") and NP Buffalo, LLC. an lllinois limited Iiability company who is contract purchaser of the Residential Parcel. Village and Developer are the parties to that certain Redevelopment Agreement ("Agreement") entered into by and between them on or about January 161h,2024. Capitalized terms in this Amendment shall have the meaning ascribed to them in the Agreement. RECITALS WIIEREAS, the Village and Developer entered into the Agreement for the purposes of development ofthe Project; and WHEREAS, it was conternplated that Developer would assign the Residential Project to another developer for completion ofthat portion ofthe overall Project; and WHEREAS, Article Four of the Agreement set forth the intent to utilize Double Eagle Development LLC, as the assignee of the Residential Project and further allowed for the assignment of such obligations to parties other than Double Eagle with Village approval which was not to be unreasonably withheld; and WHEREAS, the Developer has notified the Village that Double Eagle will not be pursuing the Residential Project, and that Developer wishes to instead assign the Residential Project to NP Buffalo, LLC; and Prepared By: Patrick T. Brankin Schain, Banks, Kenny & Schwartz, Ltd. 70 W. Madison St., Ste. 5400 Chicago, IL 60602 I WHEREAS, the Developer has also notified the village that it no longer intends to assign the Subordinate Developer Note; and WHEREAS' the Village believes that it is in the best interests of the Project and of the village to approve the assignment of the Residential project to Np Buffalo, LLC such that it shall assume all ofthe rights and obligations originally conternplated to have been assumed by Double Eagle Development, LLC, other than assignment of the subordinate Developer Note, pursuant to Article Four ofthe Agreement. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged. the parties do hereby agree as follows: 2 I . The foregoing recitals are incorporated herein by reference and made a part hereof.2. The Village hereby approves the Assignment of the Residential project and conveyance of some or all of the Property all as set forth in Article Four to Np Buffalo, LLC, replacing Double Eagle Development, LLC, effective upon approval and execution by the Village. 3. NP Buffalo, LLC shall have the same rights and obligations under the Agreement, as well as the Planned Development Ordinance 2023-167, as were contemplated for Double Eagle Development except for assignment of the Subordinate Developer Note which shall rernain in the control ofDeveloper,. 4. It is fully intended, acknowledged and agreed to that the Village be and hereby is a third-party beneficiary of this Assignment and shall be entitled to and may enforce the terms, covenants and conditions contained herein as each may apply to the Village. 5. NP Buffalo, LLC shall substantially comply with the plans and conditions in both the Agreanent and Planned Development Ordinarce 2023-167. 6. This Assignment shall not affect the duties, rights, and obligations of SDG Dundee Development, LLC, as set forth in the Agreement which shall, in all other respects, remain unchanged. 7. The Parties agree that any such other and further action necessary to affect the approved assignment shall be taken accordingly. 8. This Amendment may be executed in counterparts, each of which will be deerned an original document, but all of which will constitute a single document. 9. Each of the Parties hereto hereby represent and warrant that the person signing this Assignment is duly authorized to execute and deliver this Assignment on behalfofsuch Party, and that this Amendment is binding upon the party. 10. This Assignment shall be null and void and of no force and effect, without any further action of the Village needed, unless within 60 days of Village approval of this Assignment, NP Buffalo, LLC provides the Mllage Manager with proof of ownership of the Residential Parcel, as defined in the Agreement. this Assignmen! NP Buffalo. LLC provides the Village Manager rvith proof ol ownership ofthe Residential Parcel. as def-rned in the Ageement. lN WITNESS WHEIIEOF the Parties hereto have caused this Assignment to be executed on or as ofthe day and year first above written. VILLA(;E OF BUFF rn inois Nfunicipal Corporalion F-- B Name: 'l'irle:V,r-r rE P(s-stoeatr SDG Dundee Development, LLC, an Illinois Limited l-iability Company By Nam IJ Title:e,.-+ NP Buffulo. LLC, an Illinois Limited Liabilitv Company uv Nam e:Bart Pzyjemski Tirle:Manager EXHIBIT C Revised Plan Set Noah Properties Residential Development 915-945 Dundee Road 50 Raupp Blvd, Buffato Grove, tL 600A9 \ 847_4S}_2SOO, vbg.org Paee 7 of 7 smart. with heart. q z 5.Lo u, oEo oJ f @ I ti !:issE I C;;: E EIIil,IE=ttrr o-O1 s"- :ia! itilll t.,l ig I z 1o v.oo ozlo E.o tiJL g. LIJ o € -t = TTTITTI T]T'TFii wnr]]nrflrfl 0\ "._\r:-----Xl^ l iI D a - : : - fl '$L. =9=+--+- f--l- :f-+- +6- \::\:rsr\\!k _-------sJ ' ' I \r_/ o od FI L!rzoFoz =v. oJo I \ I SD PLANSBUFFALO GROVE!ru[ ---F*t^ro .frIFfEUcx - I t E e ;lg 5 I I I I 11"e.q h LANDSCAPE PLAN 11.0 T- ItrT- FE 1 'o n n 5l E EI @ J t t I t-t-ffi | i-tr@1 Ftr l-tLtr rr tft E E tl--t + I2 tr T_T I i-Jrr r\ t i I -{ I I 3 zI(I Eoo ozloEo !!F6 z 5d o)i 1 6 ou oJ fo Eio: It i!_i;Iii si I EIIqIilETlrr Fgth 2 E e otoIHeEHOVOU I 3 t : ! a I a a t ,I I: a , It!t r , TI ! d i" f,tl rt T 1-t il EJ l II e o",**@" til -#t+]+ /lG I I ) ) I_-._--. s\s\\s\,4jrrrJ o ot FI LIJIzoFoz n o o ti \ !ruil SD PLANS -ESoEVAIo €rlimdsItirax - l 3 3 5 h l P |l"e.s h LEVEL 24 FLOOR PLAN 41.2 '\J-r t----L--t---L---Lr _r t L! I I tl ttt ll J" ( I BUFFALO GROVE I r-l,,) I bt \ t l:l+tt I tt_I t + u \ ItI EIr !ll EE rtul I i sru f,.,|r_-ruil\ ,', - SD PLANS SOUIHWEST PERSPECTIVE '!: .> !il 1, ll/ u.a q' ':3 l[ t a {'nr!{i I !E!il BUFFALO GROVE -tr- t, ! E E T lr I i ! rll :lI ,.... \ I I I ''ll1 llrr 'I II' rril ): rn Llt t]' ,lf it#! noo h 42.0 l, sroNeveneea FIBER CEMENT PANEL. coLoR 1 | ,I veancel Eoeao SIDING l,rl rae, o."",no" oRstutun SHINGLE ROOF ? CAST STONT BANO 8 I pae.rnrrsxeo_ tirETtL coptxc rryF r l lr PRE.FINIShED METAL BAI"CONY sH oE STRUCIURES 4 FISER CEMENI PANEL. coLoR 2 I ,o i rtenuer.". 'BRoxer STOREFRONI FIBER CEMENI PANEL. coLoR 3 ,, ,,c,t EFFtCtENcy {i FJEER CEMENT PANEL LAP SlOING I,il pne-rrursrco . . uEr t alLcow R^IIINGS !E!il BUFFALO GROVE SD PLANS .tI.III n0 qh MATERIAL BOARO A.2.1 II12 t. al 't' ti, E tfi.1 al/ i:i !r !*i[! :fl8 t \ I I !,,ti f.u \5 .1 ti ' ]!I91eue*een ,,) E ] PRE-FINIsHEDMrL coerruc] e i FIBER CEMENT, COLOR 1 THERMALLY AROXFN ALUMINUM SIOREFRONT FIBER CEMENT. COLOR 2 Btolr errrctercv vtwr FIBER CEMENT LAP SIDING rnex oExnorsrr,trren VERTICAL EOARD AND BATTEN lspnerr "ntuote noor 10 68 29 ,,]13 la1 3ilEl l5ll,r r(ll5 , t1 llt2 !lltol l. OVERALL SOUTH ELEVATION SD PLANS 63 3 l2 1a )l ell2 r t I tEvEr ' or OVERALL WEST ELEVATION .. 1 OVERALL EAST ELEVATION ".2 !E!il n00h ffiiltfl atltl) E.E[d .E l:rl t:r iitffi$.. J: .. ,: !l f:illEXmfra Efr?t:;f,iilEillilEEIrrIxf,riifx l-a Eil E BEFEItll!rL rG ;El li I litlt-i Ll:rrr 't-1 I f I I !r I I!IE a tr EIII l-:l!r! E:t.. :t! !t: @ !. r.. f:rr:trr lt l:r.trLl'ffi::llH:::::J* 'ttlt' :!: :li :T: I I l:jr,.trf..,!t:! "-a t:t t..!t l!.t m :t! !: if:f:ilhffii;ffiffi; l: !!t BtE BE INE rn Lll ffi :ir!tiifi l'l aa ta at tl aa al ta ::Hi+fl EH t: !: t: t!fi 1;1; ;; 1r : Tliilii .!:ilnr: iitn rrl'r ;ffi --?-t-. -- -t-r!rlr:!l!I !t!'t :!:! OVERALL ELEVATIONS 42.2 CASI STONE BANO pneitr,rrsreo ^rlBATCONY FRAMING/ SHAOE STRUCTURES 12 FIBER CEMENT. COLOR 3 pne-rttrttsxeo r,arr BALCONY RAILINGS 5 T 5) 631 I I NOTE: NORTH ELEVATION- SIMILAR 11 I BUFFALO GROVE aa a BUFFALO G ROVE, II. !ruilSite Area:I'14 Sf 5.49 Acrel !]"e.q h 41 Ar(tir.(lor.+Pl.n.lnt AREA MATRIX fLOOR RESIDENTIAL Frf (FI) GROSs AR€A (sF) RE5IDENTIAL RTSIDENIIAL RENTABLE (sF) GRO35 (sr) RESIOTNIIAL (uNrTs/ rLooR) Studio @ av8. LEVEL 4 1l 00 51,29A 57 98 49 61LEVEI. ]t 1.00 57,29A 57,298 50,249 5l 6 6LEVEI2ll 00 57,29A 57,298 50,249 61 ILtvtr I 11 00 51,29A 42.223 4 t I 9.480 6 4TOTAI.44.00 229,t92 2,4,t77 186,309 224 I g,aso 2s I raa 22 % Mix 64%26% 4h6l2o2S ng J14 l49 lotal Gar nt 25 0 rl I 1.60 Overall Resadentirt tfti.r 8l tr6 cal Floor Reradenriat tffi.i a7 ?% Unrt 5i.€8t2 5r R.tio !ruu BUFFALO GROV€ |].g.q h SD PLANS EUILDING MATRIX A3.0 AMENITY (sF) GARAGE R€NTA8L€ (sF) PARKING (sPACEs/ SURFACE) GARAGE PARXING 18ed 7it0 avg. 2 Bed 1,115avg. 0 0 39 0 0 39 16 0 5,595 s,595 35.562 0 27 t44 16 58 10% J7,Ii qo at zIt! LJJFzoo tJJL d lJl o I I - tI z 5 CLo t ,I D E E 5 I t!r = ifti:,Icr5:t oq o o) =o o: E I I II I o: EIIiIrlE=trrr a I U I t I ? : - : - L) )-6c5 -aa'I lr u il ) I -ttl I 'E/