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1996-58Resolution No. 96 - 58, - A Resolution Approving a Utility Connection Deferral Agreement for the PowerNail Property WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. WHEREAS, the Village has received a request from the owner of the PowerNail Property to defer connection of the existing buildings and structures on said property to the Village's water and sewer facilities. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. That the "Utility Connection Deferral Agreement for the PowerNail Property which is attached hereto as Exhibit "A ", be and hereby is approved and the Village President and Village Clerk are hereby authorized. to execute said Agreement. Section 2. That the PowerNail Property is the real property legally described on Exhibit "A" to the Agreement attached hereto. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: o None PASSED: December 16. 1996 APPROVED: December 16 1996 Sidney H. Mathias Village President ATTEST: Village Clerk �t> This Document Prepare y: Steven M. Elrod Burke, Weaver & Prell 55 West Monroe Street Suite 800 Chicago, IL 60603 After Recording Return To: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 • EXECUTION COPY UTILITY CONNECTION DEFERRAL AGREEMENT FOR THE POWERNAIL PROPERTY THIS UTILITY CONNECTION DEFERRAL AGREEMENT, dated as of the 16thday of December , 1996, by and between the VILLAGE OF BUFFALO GROVE, a municipal corporation created and existing under the laws of the State of Illinois, 50 Raupp Boulevard, Buffalo Grove, Illinois 60089 (the "Village "); and COLE TAYLOR BANK, not individually, but as Trustee under Trust Agreement dated February 8, 1995, and known as Trust No. 95 -4005 (the 'Trust "), and EDGAR P. ANSTETT, 209 Rivershire Lane, Unit 206E, Lincolnshire, Illinois 60069 ( "Anstett ") (the Trust and Anstett are sometimes hereinafter collectively referred to as the "Owner "). WITNESETH: WHEREAS, the Trust is the legal owner and Anstett is the beneficial owner of certain real property situated in the Village of Buffalo Grove, County of Lake, State of Illinois, and legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Subject Property "); and WHEREAS, the Subject Property was annexed to the Village pursuant to Village Ordinance No. 94 -33, approved by the corporate authorities of the Village on.June 6, 1994, and recorded in the Office of the Lake County Recorder of Deeds on August 25, 1994, as Document No. 3584830; and ® EXECUTION COPY WHEREAS, pursuant to Section 17.16.030 of the Village Zoning Code, the Subject Property was automatically zoned in the Village's Residential Estate (RE) District upon its annexation to the Village; and WHEREAS, the Owner filed an application to rezone the Subject Property to the Village's Industrial (1) District; and WHEREAS, pursuant to Village of Buffalo Grove Ordinance No. 96- 95 , adopted by the corporate authorities of the Village on December 16, 1996, the Village rezoned the Subject Property to the Village's Industrial (1) District; and WHEREAS, the water supply for the Subject Property currently is provided for by a private well on the Subject Property that is owned and operated by the Owner (the "Private Well Facilities "); and WHEREAS, sewage disposal for the Subject Property currently is provided for by a private septic system on the Subject Property that is owned and operated by the Owner (the "Private Septic Facilities "); and WHEREAS, in accordance with applicable Village codes and requirements, the Village has requested that the Subject- Property be connected to the Village's sanitary sewer system (the "Village. Sanitary Sewer System ") and to the Village's water supply system (the "Village Water System "); and WHEREAS, notwithstanding any code, ordinance, or other requirement that may provide otherwise, the Village has agreed to allow the Owner to defer the connection of the Subject Property to the Village Sanitary Sewer System and the Village Water System pursuant to the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the foregoing, other good and valuable consideration, and the covenants and agreements hereinafter set forth, the receipt and sufficiency 514 EXECUTION COPY of all of which are hereby acknowledged by the Village and by the Owner, the Village and the Owner covenant and agree as follows: Section 1: Recitals. The foregoing recitals are incorporated herein as if fully set forth. Section 2: Deferral of Sanitary Sewer Connection Requirement. The Village hereby defers, for the temporary period set forth herein, any and all otherwise applicable Village Sanitary Sewer System connection requirements for the Subject Property until the earlier to occur of (i) the date that is seven years from the date of this Agreement, or (ii) the date on which the Village determines that the Private Septic Facilities have become an endangerment to the public health and welfare (the "Sanitary Sewer Deferral Period "). Upon the expiration of the Sanitary Sewer Deferral Period, the Owner shall promptly connect the Subject Property to the Village's Sanitary Sewer System in compliance with all applicable Village codes, ordinances, and requirements. Section 3: Deferral of Water Supply Connection Requirement. The Village hereby defers, for the temporary period set forth herein, any and all otherwise applicable Village Water Supply System connection requirements for the Subject Property until the earlier to occur of (i) the date that is seven years from the date of this Agreement, or (ii) the date on which the Village determines that the Private Well Facilities have become an endangerment to the public health and welfare (the "Water Supply Deferral Period "). Upon the expiration of the Water Supply Deferral Period, the Owner shall promptly connect the Subject Property to the Village Water Supply System in compliance with all applicable Village codes, ordinances, and requirements. Section 4. Voluntary Connection. Nothing in Sections 2 or 3 of this Agreement shall prohibit the Owner, at its sole discretion, from voluntarily connecting the Subject Property to the Village Sanitary Sewer System and /or the Village Water Supply System prior to the expiration of the Sanitary Sewer Deferral Period_ or the Water Supply Deferral Period. -3- EXECUTION COPY Section 5. Sewerage Incineration Prohibited. From and after the date of this Agreement, no sewerage incineration shall be allowed on the Subject Property. Section 6. No New or Expanded Plumbing Facilities. Neither expansion of the existing plumbing facilities (water and sewer) nor entirely new and different plumbing facilities shall be allowed on the Subject Property without connection to the Village Water Supply System and the Village Sanitary Sewer System; provided, however, that this Section shall not apply to replacement or repair of the existing plumbing facilities serving the existing buildings on the Subject Property. Section 7. Apple Hill Lane. The Owner acknowledges and agrees that no connection shall be allowed from the Subject Property to the road known as Apple Hill Lane, located adjacent to the Southeast corner of the Subject Property, without the Village's prior approval. Section 8. Liability and Indemnity of Village. A. No Liability for Village Deferral. The Owner acknowledges and agrees (1) that the Village is not, and shall not be, in any way liable for any damages or injuries of any kind that may be sustained as the result of the deferral by the Village of the Village Sanitary Sewer System connection requirements or the Village Water Supply System connections requirements, or as the result of the continued use by the Owner of the Private Septic Facilities and the Private Well Facilities during the Sanitary Sewer and Water Supply Deferral Periods; and (2) that the Village's deferral of the Sanitary Sewer System and Water Supply System connection requirements does not, and shall not, in any way, be deemed to insure the Owner, or any of its heirs, successors, assigns, tenants, or licensees, or any third party, against any damage or injury of any kind at any time. B. Indemni . The Owner agrees to, and does hereby, hold harmless and indemnify the Village, the Village's corporate authorities, all Village elected and appointed officials, officers, sa EXECUTION COPY employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the deferral by the Village of the Sanitary Sewer System and Water Supply System connection requirements, or the use by the Owner of the Private Septic Facilities and the Private Well Facilities during the Sanitary Sewer and Water Supply Deferral Periods. Section 9: Remedies. It is agreed that the parties hereto may, in law or equity, by suit, action, mandamus, or any other proceedings, including specific performance, enforce or compel the performance of this Agreement. Section 10: Amendment. This Agreement shall not be modified, changed, altered, amended, or terminated, except by written consent of all of the parties hereto. The Village's written consent shall be by resolution duly adopted by the Village corporate authorities. Section 11. Severability. If any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property is held invalid, such invalidity shall not affect the application or validity of other provisions, covenants, agreements, or portions of this Agreement that can be given effect without the invalid provisions or applications, and to this end, the provisions, covenants, and agreements in this Agreement are declared to be severable. Section 12. Term. This Agreement shall run with and bind the Subject Property in perpetuity, and shall inure to the benefit of and bind and be enforceable by the Village and the Owner and each and any of their respective permitted legal representatives, heirs, grantees, successors, and assigns. Section 13. Recordation. The Owner shall, at its sole cost and expense, record this Agreement against the Subject Property in the offices of the Lake County and Cook County Recorder of Deeds. -5- EXECUTION COPY Section 14. Entire Agreement. This Agreement constitutes, and is a full integration of, the entire agreement of the parties hereto. Section 15. Effective Date. This Agreement shall be effective as of the date and year first above written. IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute same. ATTEST: Vpage GlerK This agreement is signed by COLE TAYLOR BANK not Individually but solely as Trustee uqor a rtgn Trust Agreement known as Trust No Said Trust Agreement is hereby made a part hereof and any claims against said Trustee which may result from the signing of this Agreement shall be payable only out of any trust property which may be held thereunder, and said Trustee shall not be personally liable for the performance of any of these terms and conditions of this agreement or for the validity or condition . of the two of said property or for any agreement with respect thereto. Any and all personal liability of COLE TAYLOR BANK Is hereby exjk WEWd by the parties hereto and their respectin successors assigns: Attest: Tru t Officer ATTEST: COLE TAYLOR BANK not individually but as Trustee under a Trust Agreement dated February 8 1995 and known as Trust No. 93 -WO05 By: Asst. Vic President EDGAR P. ANSTETT "-I 1 7 -- - U STATE OF ILLINOIS) COOK ) SS COUNTY OF 6W*E ) EXECUTION COPY I, Mary Marek , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Mario y. Gotanco , personally known to me to be the Asst. vice President of Cole Taylor Bank, not individually but as Trustee under a Trust Agreement dated February 8, 1995 and known as Trust No. 95 -4005, and Linda L. Horcher personally known to me to be the Trust officer of said Trust, appeared before me this day in person and acknowledged that as such Asst. vice President and Trust Officer , they signed and delivered said instrument as their free and voluntary act and as the free and voluntary act of the Trust for the uses and purposes therein set forth. Given under my hand and official seal this 13thday of December , 1996. "OFFICIAL SEAL" MAR'( MAREK Notarl Public, State Of Blinois My Commission Expires 09104199 My Commission Expires: (SEAL) qt4,ul �"bl - Notary Public • STATE OF ILLINOIS SS COUNTY OF LAKE , EXECUTION COPY 1, Roberta Freed a Notary Public in and for said County, in the State aforesaid, do hereby certify that Sidnay H. Mathias , personally known to me to be the President of the Village of Buffalo Grove, and Jane L. Olson , personally Deputy known to me to be the Village Clerk of said Village, appeared before me this day in person and acknowledged that as such President and Village Clerk, they signed and delivered said instrument as their free and- voluntary act and as the free and voluntary act of the Village of Buffalo Grove for the uses and purposes therein set forth. Given under my hand and official seal this 6th day of january , 1997. Notary Public My Commission Expires: (SEAL) OFFICIALASEAL ROBERTA FREED NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXp. FEB.10,2W • STATE OF ILLINOIS) ) SS COUNTY OF LAKE ) EXECUTION COPY 1, BEVERLY A. JENEN , a Notary Public in and for said County, in the State aforesaid, do hereby certify that EDGAR P. ANSTETT, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this 13th day of December , 1996 My Commission Expires: December 17, 2000 (SEAL) E"OFFICIAL SEAL" VERLY A. JENEN Public, State of Illinois mission Expires 12/17/00 • 0 EXECUTION COPY EXHIBIT A LEGAL DESCRIPTION OF'THE SUBJECT PROPERTY THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE CENTER LINE OF THE HALF DAY AND MCHENRY ROAD, SO- CALLED, AND LYING EASTERLY OF THE RIGHT -OF -WAY OF THE MINNEAPOLIS ST. PAUL AND SAULT STE. MARIE RAILWAY, IN LAKE COUNTY, ILLINOIS. PIN: Exhibit A Page 1 of one