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1999-09-27 - Village Board Special Meeting - Agenda Packet VILLAGE OF VILLAGE uffalo F BUFFALO GROVE41/ . of Fifty Raupp Blvd. Buffalo Grove,IL60089-2196 Meeting of the Village of Buffalo Grove Board of Trustees Phone 847.459-2500 Fax 847-459-0332 Special Meeting September 27, 1999 7:30 PM I. Call to Order II. Pledge of Allegiance Ill. Roll Call IV. Approval of Minutes from 9/13/99 V. Approval of Warrant# 894 VI. Village President's Report A. The BG Fire Department and Omni Youth Services partner together to celebrate United Way Day of Caring, Saturday, 9/18/99. (President Hartstein) B. Resolution No. 99- A Resolution commending Jay Paul for service to the Village of Buffalo Grove as a member of the Buffalo Grove Zoning Board of Appeals. (Trustee Hendricks) C. National Breast Cancer Awareness Proclamation. American Cancer Society Presentation. (Trustee Marienthal) D. Presentation of Life Source Plaque (Trustee Hendricks) VII. Reports from the Trustees VIII. Village Manager's Report A. Monthly Activities Report IX. Special Business • X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. XI. Consent Agenda All items listed on the Consent Agenda, which are aavailable 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 Regular Agenda items. (Attached). XII. Ordinances and Resolutions A. Ordinance No. 99- An Ordinance Amending Chapter 2.02 and 2.03 of the Village of Buffalo Grove Municipal Code (Voting Procedures) (Clerk Sirabian) • B. Ordinance No. 99- An Ordinance approving a Planned Unit Development and Preliminary Plan in the O&R District-Werchek Professional Center, IL Route 83/Arlington Heights Road (Trustee Glover) C. Ordinance No. 99- Fifteenth Amendment to the Town Center P.U.D. - Advocate Medical Group office expansion, 214 McHenry Road (Trustee Marienthal) XIII. Old Business XIV. New Business None - XV. Executive Session None XVI. Adjournment: Approximately 10:30 p.m. 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 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda September 27, 1999 7:30 PM Xl. Ordinances and Resolutions A. Resolution for Agenda: Resolution No. 99- Adopting the MABAS Division I Specialized Response Team Association Intergovernmental Agreement(Trustee Berman) RECOMMENDATION: Approve by motion. SUMMARY: Legalizes the Mutual Aid Box Alarm System (MABAS) Division I group response teams and emergency responses as well as providing the Intergovernmental Association all the tort and liability protection that is currently extended to fire departments and fire districts. New Business B. Approval of Other: Approval of recommendation of AT&T Permit Rider for Dundee Road RECOMMENDATION: Approve by motion. • SUMMARY: Approval is recommended of a permit rider for work proposed by AT&T on Dundee Road from Arlington Heights Road extending west to the corporate limits. C. Approval of Agreement: Approval of recommendation for Illinois Route 83 Sidewalk Easement Agreements (Trustee Berman) RECOMMENDATION: Approve by motion. SUMMARY: Approval is recommended on these two easement Agreements, which are required to implement the subject improvement. D. Approval of Plat: Approval of recommendation of Burger King's Development Improvement Agreement & Final Plat (Trustee Marienthal) RECOMMENDATION: Approve by motion. SUMMARY: Engineering approval of this project is recommended subject to the conditions outlined in Mr. Kuenkler's cover memo. Old Business None M �_ Meeting of the Village of Buffalo Grove Board of Trustees Special Meeting September 27, 1999 7:30 PM I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Approval of Minutes 9/13/99 V. Approval of Warrant 894 VI. Village President Report VII. Reports from the Trustees Vill. Village Manager's Report IX. Special Business X. Questions from the Audience Discussion on questions from the audience will be limited to 10 minutes. Presentations before the Village Board should be scheduled through the Village Manager's Office five days prior to each meeting. XI. Consent Agenda None XII. Ordinances and Resolutions XIII. Old Business XIV. New Business XV. Executive Session XVI. Adjournment: Approximately 10.30 p.m. 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 459-2518 to allow the Village to make reasonable accommodations for those persons. Consent Agenda September 27, 1999 7:30 PM XI. Ordinances and Resolutions None New Business None Old Business None Board Agenda Item Submittal VI-A Requested By: Ghida Sahyouni Entered By: Ghida Sahyouni Agenda Item Title: The BG Fire Department and Omni Youth Services partner together to celebrate United Way Day of Caring, Saturday, /18/99. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/20/99 09/27/99 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. On Saturday,September 18, 1999,the Buffalo Grove Fire Department and Omni Youth Services teamed-up for the annual United Way Day of Caring celebration. Twenty (20) students from area high schools volunteered their time and spent the day with the Fire Department preparing the station for its Open House celebration on Saturday, September 25, 1999. A big thanks goes to Deputy Chief Tim Sashko,FF/PM Bill Wagner, and Jennifer Dean of Omni Youth Services for organizing the partnership event. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VI-B Requested By: Julie C Webb Entered By: Julie C Webb Agenda Item Title: Resolution No.99- A Resolution commending Jay Paul for service to the Village of Buffalo Grove as a member f the Buffalo Grove Zoning Board of Appeals. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/22/99 09/27/99 0 Consent Agenda g&Z 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Resolution No. 99- to commend Jay Paul on behalf of the citizens of the Village of Buffalo Grove for his long and productive service to the Village and for his guidance and judgement to the Zoning Board of Appeals. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files ResCmmsr.wpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: RESOLUTION NO. 99- A RESOLUTION COMMENDING JAY PAUL FOR SERVICE TO THE VILLAGE OF BUFFALO GROVE AS A MEMBER OF THE BUFFALO GROVE ZONING BOARD OF APPEALS WHEREAS, Jay Paul was appointed to the Zoning Board of Appeals on January 15, 1984 and served as a member of the Zoning Board from January 15, 1984 to September 21 , 1999; and, WHEREAS, during Jay's tenure, the Zoning Board of Appealsreviewed many complex and complicated zoning related issues ; and, WHEREAS, during Jay's tenure, the Zoning Board of Appeals reviewed variations for numerous projects, accommidating both village residents and businesses ; and, WHEREAS, Jay, in his position as a member of the Zoning Board of Appeals, provided excellent guidance to the Zoning Board of Appeals during the review of many complex and important zoning issues and variation requests, helping to ensure a community with an aesthetically pleasing suburban environment. NOW, THEREFORE, BE IT RESOLVED BY THE RESIDENCE AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Jay Paul is commended and honored on behalf of the citizens of Buffalo Grove for his long and productive service to the Village and for his guidance and judgement to the Zoning Board of Appeals. AYES: ABSENCE: PASSED: APPROVED: APPROVED: Elliott Hartstein, Village President ATTEST: Village Clerk Board Agenda Item Submittal VI-C Requested By: BZ Personnel Entered By: Brian P Sheehan Agenda Item Title: National Breast CancerAwareness Proclamation. American Cancer Society Presentation. Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/23/99 09/27/99 0 Consent Agenda g&Z 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Proclamation proclaiming October as Breast Cancer Awareness month in Buffalo Grove. Brief presentation by the Chicago area chapter of the American Cancer Society recognizing the efforts of the Village in helping to coordinate the "Relay for Life" fundraising campaign and helping to raise donations for the fight against cancer. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Breastprocmpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: PROCLAIMING OCTOBER 1999 NATIONAL BREAST CANCER AWARENESS MONTH WHEREAS, October 1999, is declared National Breast Cancer Awareness Month; and, WHEREAS, this year, an estimated 175,000 new invasive cases of Breast cancer are expected to occur among women in the United States; and, WHEREAS, Breast cancer is the most frequently diagnosed cancer among American women; and, WHEREAS, Awareness of the disease and early screening is the best way to detect breast cancer in its earliest and most treatable stage; and, WHEREAS, Awareness of the disease and early screening may reduce a 40 to 49 year old woman's chances of dying from breast cancer by about 17 percent, and a 50 to 74 year old woman's chances of dying from breast cancer up to 30 percent. NOW, THEREFORE, BE IT PROCLAIMED THAT THIS BOARD OF TRUSTEES FOR THE VILLAGE OF BUFFALO GROVE, ILLINOIS DOES DECLARE OCTOBER 1999 AS NATIONAL BREAST CANCER AWARENESS MONTH AND ENCOURAGES WOMEN OF ALL AGES TO OBTAIN INFORMATION ABOUT SCREENING AND MAMMOGRAPHY AND TO SEEK APPROPRIATE SERVICES. DATED, at the Village of Buffalo Grove, Illinois on this 27th day of September, A.D., 1999. Elliott Hartstein, Village President Board Agenda Item Submittal VI-D Requested By: Phillip W Versten Entered By: Phillip W Versten Agenda Item Title: Presentation of Life Source Plaque Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/23/99 09/27/99 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Mr. Gary Novak, Chair of the Buffalo Grove Blood Donor Commission,will present a plaque to the community from Life Source. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal VIII-A Requested By: Eileen F Marsh Entered By: Eileen F Marsh Agenda Item Title: Monthly Activities Report Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/23/99 09/27/99 0 Consent Agenda OVM 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The attached Management Report covers the month of August, 1999. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files LA August99.doc.dot Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: MANAGEMENT REPORT 9212 Second Quarter—August, 1999 --------------------------------------------------------------------- 1. Cash& Investment Portfolio - August, 1999 2. Real Estate Transfer Tax Activity—August, 1999 3. Sales Tax Collections—August, 1999 4. Golf Course Operating Statistics—August, 1999 5. Corporate Fund Revenue Analysis—August, 1999 6. Water Fund Revenue Analysis—August, 1999 7. Income Tax Proceeds—August, 1999 8. Public Safety Report A. E.S.D.A. Monthly Activities—August, 1999 B. Fire Department Activities—August, 1999 C. Police Department Activities—August, 1999 9. Public Works Monthly Activity—August, 1999 A. Monthly Pumpage Report B. Central Garage Fleet Cost Detail 10. Community Development Report A. Compilation of Permit Activity —August, 1999 B. Public Safety Activity Report—August, 1999 C. Public Utilities Construction Report—August, 1999 WILLIAM R. BALLING Village Manager Board Agenda Item Submittal XI-A Requested By: Thomas C Allenspach Entered By: Thomas C Allenspach Agenda Item Title: Resolution No.99- Adopting the MABAS Division I Specialized Response Team Association Intergovernmental Agreement Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/17/99 09/27/99 0 Regular Agenda Fire 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. The Mutual Aid Box Alarm System (MABAS)Division I group has been working on this agreement for several months in order to legalize our response teams and emergency responses as well as providing the Intergovernmental Association all the tort and liability protection that is currently extended to fire departments and fire districts. This agreement and ensuing Association will not change how MABAS Division I functions,with the exception that we will have to follow all the provisions of the Open Meetings Act and revise our current by-laws. This agreement is identical to the agreement that the Lake County Fire Chiefs Association entered into in 1996 and adopted by the Buffalo Grove Village Board by Resolution 96-31 on May 6, 1996. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files [A tca4650.wpd Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: RESOLUTION NO. 99- A RESOLUTION ADOPTING THE MABAS DIVISION I SPECIALIZED RESPONSE TEAM ASSOCIATION INTERGOVERNMENTAL AGREEMENT WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised jointly with any other unit of local government; and WHEREAS, the Village of Buffalo Grove Fire Department has participated in the various specialized response teams operated by MABAS Division I since their inception; and WHEREAS, MABAS Division I desires to transfer operations of their specialized response teams, and the associated liability, to a new intergovernmental cooperative association. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The President and Board of Trustees of the Village of Buffalo Grove fully endorses the creation of the MABAS Division I Specialized Response Team Association. Section 2. The Village President and Village Clerk of the Village of Buffalo Grove are hereby authorized to execute the MABAS Division I Specialized Response Team Association Agreement, a copy of which is attached hereto as Exhibit A. Section 3. This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: 1999. APPROVED: 1999. APPROVED: Village President ATTEST: Village Clerk TCA4650 Board Agenda Item Submittal XI-B Requested By: Dick K Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Approval of recommendation of AT&T Permit Rider for Dundee Road Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/10/99 09/27/99 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Attached is the Permit Rider for work proposed by AT&T on Dundee Road from Arlington Heights Road extending west to the corporate limits. Approval is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files 143.doc E3 AT &T ROW RIDERA Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: September 10, 1999 SUBJECT: AT&T PERMIT RIDER DUNDEE ROAD Attached is the Permit Rider for work proposed by AT&T on Dundee Road from Arlington Heights Road extending west to the corporate limits. Approval is recommended. Richard K. Kuenkler, P.E. F:AGROUP\ENGINEER\RKK\MEMOS\143.doc VILLAGE OF BUFFALO GROVE AGREED RIDER TO RIGHT-OF-WAY PERMIT ISSUED TO AT&T CORP. THE PERMIT, attached hereto, is issued by the Village of Buffalo Grove (the "Village") to AT&T Corp. ("AT&T"), to permit AT&T to construct, operate, maintain, install, use, test, repair, inspect, replace and remove in and through the public rights-of-way of the Village designated in the plans submitted by AT&T in support of its permit application, attached hereto as Exhibit A ("the Work"), certain wireline telecommunications facilities described in the Work. This permit is granted to AT&T by the Village in consideration of and in reliance on the following representations and agreements: 1. Construction Permit Fee AT&T shall pay to the Village an application, review and construction permit fee of One Thousand Dollars ($1,000.00). This fee is to reimburse the Village for regulatory and administrative costs with respect to the Work, which costs the Village represents have been or will be incurred, and is not deemed to be compensation for use of the public rights-of-way. 2. Changes to the Work The Permit is limited to the Work described in Exhibit A. Nothing herein shall be deemed to authorize construction of telecommunications facilities beyond the scope of the Work described in Exhibit A. The foregoing provisions of this Section notwithstanding, the Village Engineer shall be permitted to approve in writing appropriate field changes requested by AT&T in the plans and specifications approved as Exhibit A, without requiring an amendment to the Permit or this Rider. The Village Engineer shall approve or deny requests by AT&T for field changes within three (3) business days after AT&T provides all information and/or documentation reasonably requested by the Village Engineer, and the Village Engineer's approval shall not be unreasonably withheld or delayed. 3. Permit Does Not Grant Exclusive Rights The Permit and Rider do not grant AT&T exclusive rights of use or enjoyment of any municipal right-of-way. AT&T shall respect the rights and property of the Village and other authorized users of streets, sidewalks, easements, power poles, street light poles, vaults, conduits and rights-of-way, and property owners. 4. Indemnification of Village AT&T shall indemnify, defend and hold harmless the Village and its officers, employees, agents and representatives from and against any and all damages, losses and expenses, including reasonable attorneys fees and costs of suit or defense, to the extent arising out of the negligent, careless or wrongful acts, omissions, failures to act of misconduct of AT&T or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of the Work. C:\Users\RSHEPA—I.VHOWppData\Local\Temp\notes72B5F5\AT&T ROW RIDER.doc 5. Provision of As-Built Drawings At the completion of the Work, AT&T shall provide the Village with as-built drawings of the Work. 6. Neither AT&T nor the Village waive any authority or right given to such party under Federal, State and Local statutes, laws, ordinances, and case law. 7. AT&T Corp's engineers will be accessible to the Village engineer concerning any questions with the construction plans. 8. The Village will be named an additional insured on all contractors' liability policies. 9. A performance bond, for municipal rights-of-way, will be provided for the proposed new build (including non-existing and existing conduit and/or poles). 10. Upon receiving at least 60 days notice from the Village, AT&T shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any of the Work, (including but not by way of limitation any adjacent public improvement such as sidewalks or sewers) whenever the Village shall have determined that such removal, relocation, change or alteration: (1) is reasonably necessary for the location, construction, replacement, maintenance, improvement or use of other Property of the Village; or (2) is reasonably necessary for the operations of the Village and in the case of either (1) or (2), the Village has determined that other telecommunications or electric utilities facilities located in generally the same location (such that (1) or (2) apply) as AT&T's facilities must also be removed, relocated, changed or altered. 11. AT&T will comply with Village construction standards and restoration requirements. 12. AT&T will inform the Village by written notice, at least 24 hours in advance of when and where the Work will be and the beginning and ending times of the Work. 13. It is understood and agreed that none of the Work depicted in Exhibit A hereto is above ground. IN WITNESS THEREOF, the parties have signed below, effective as of this day of , 1999, by their duly authorized representatives. C:\Users\RSHEPA—I.VHOWppData\Local\Temp\notes72B5F5\AT&T ROW RIDER.doc VILLAGE OF BUFFALO GROVE AT&T CORP. By: By: Its: Its: Attest: Attest: Its: Its: C:\Users\RSHEPA—I.VHOWppData\Local\Temp\notes72B5F5\AT&T ROW RIDER.doc Board Agenda Item Submittal XI-c Requested By: Dick K Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Approval of recommendation for Illinois Route 83 Sidewalk Easement Agreements Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/10/99 09/27/99 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. I have attached the two Easement Agreements,which are required to implement the subject improvement. Approval is recommended. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files 144.doc EA02.doc EA01.doc Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: September 10, 1999 SUBJECT: ILLINOIS ROUTE 83 SIDEWALK EASEMENT AGREEMENTS I have attached the two Easement Agreements, which are required to implement the subject improvement. Approval is recommended. Richard K. Kuenkler, P.E. F:\GROUP\ENGINEER\RKK\MEMOS\144.doc EASEMENT AGREEMENT THIS AGREEMENT, made this day of 1999, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, 50 Raupp Boulevard, Buffalo Grove, Illinois 60089-2198 (hereinafter referred to as the AVILLAGE=) and Christ Gerdes Declaration of Trust (hereinafter referred to as AOWNER=) . W I T N E S S E T H WHEREAS, OWNER is the owner of certain real estate situated in the County of Lake, State of Illinois, which real estate is legally described in Exhibit AA=, which is attached hereto and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as the AEASEMENT PREMISES;= and WHEREAS, the VILLAGE desires to locate a portion of its sidewalk system in, upon, under, along and across the EASEMENT PREMISES . NOW, THEREFORE, in consideration of the foregoing and for the sum of Seven Thousand One Hundred Sixty Five and No/100 Dollars ($7, 165 . 00) and other good and valuable consideration paid by the VILLAGE to OWNER, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows : 1 . OWNER hereby grants, conveys, warrants, and dedicates to the VILLAGE, its agents, servants, employees, its successors and assigns an exclusive perpetual public sidewalk non-utility easement and the right to survey, construct, reconstruct, use, operate, maintain, inspect, repair, replace, alter or remove a sidewalk together with necessary grading required, said sidewalk and grading hereinafter collectively referred to as the ASIDEWALK=, subject to the terms and conditions hereinafter set forth, in, upon, along and across the EASEMENT PREMISES together with all reasonable rights of ingress and egress across any adjoining lands of OWNER necessary for the exercise of the rights herein granted. 2 . OWNER hereby grants, conveys, and warrants to the VILLAGE its agents, servants, employees, its successors, and assigns a temporary construction easement, as described in Exhibit AA,- such said temporary easement and to supply, operate, and use thereon laborers, vehicles, equipment, and machinery as may be necessary to construct and install the aforesaid sidewalk and appurtenances thereto. 3 . Upon completion of any construction, the VILLAGE agrees to replace and grade all topsoil removed. All fences, roads, landscaping, and improvements will be restored to former condition by the VILLAGE if disturbed or altered in any manner by construction. All sod removed will be replaced by sod of like quality and all natural grass removed will be replaced by seeding with a good quality seed. 4 . The VILLAGE agrees that it will save and hold OWNER harmless from all damages, costs or liabilities which may arise out of or as a consequence of the negligence of the VILLAGE or it authorized agents, servants or employees in constructing, installing, operating, repairing or maintaining the sidewalk. 5 . OWNER hereby reserves the right to use the EASEMENT PREMISES and its adjacent property in any manner that will not prevent or interfere with the exercise by the VILLAGE or the public of the rights granted hereunder; provided, however, that OWNER shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed, the SIDEWALK nor obstruct or permit to be obstructed the EASEMENT PREMISES at any time whatsoever without the express prior written consent to the VILLAGE. 6 . All rights, title, and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns, and legal representatives . IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed by their proper officers duly authorized to execute the same . ATTEST: VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation Village Clerk Village President OWNER: Christ Gerdes Declaration of Trust Trustee This Document Prepared by: Recorder Mail to: William G. Raysa VILLAGE OF BUFFALO GROVE RAYSA & SKELTON, P.C. 50 Raupp Blvd. Suite 400, 1140 Lake St. Buffalo Grove, IL 60089-2198 Oak Park, IL 60301-1002 F: \GROUP\ENGINEER\ORD\EA02 . DOC STATE OF ILLINOIS) ) SS . COUNTY OF L A K E) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that and personally known to me to be the same person (s) whose name (s) is (are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposed therein set forth. GIVEN under my hand and official seal this day of 1999 . Notary Public My Commission Expires : F: \GROUP\ENGINEER\ORD\EA02 . DOC STATE OF ILLINOIS) ) SS . COUNTY OF L A K E) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that ELLIOTT HARTSTEIN, personally known to me to be the President of the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and JANET SIRABIAN, personally known to me to be the Village Clerk of the said VILLAGE OF BUFFALO GROVE, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as President and Village Clerk of the VILLAGE OF BUFFALO GROVE, as their free and voluntary act of said VILLAGE OF BUFFALO GROVE for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 1999 . Notary Public My Commission Expires : F: \GROUP\ENGINEER\ORD\EA02 . DOC EASEMENT AGREEMENT THIS AGREEMENT, made this day of 1999, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, 50 Raupp Boulevard, Buffalo Grove, Illinois 60089-2198 (hereinafter referred to as the AVILLAGE=) and Anthony J. Stavros (hereinafter referred to as AOWNER=) . W I T N E S S E T H WHEREAS, OWNER is the owner of certain real estate situated in the County of Lake, State of Illinois, which real estate is legally described in Exhibit AA=, which is attached hereto and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as the AEASEMENT PREMISES;= and WHEREAS, the VILLAGE desires to locate a portion of its sidewalk system in, upon, under, along and across the EASEMENT PREMISES . NOW, THEREFORE, in consideration of the foregoing and for the sum of Fourteen Thousand Ninety Five and No/100 Dollars ($14, 095 . 00) and other good and valuable consideration paid by the VILLAGE to OWNER, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows : 1 . OWNER hereby grants, conveys, warrants, and dedicates to the VILLAGE, its agents, servants, employees, its successors and assigns an exclusive perpetual public sidewalk non-utility easement and the right to survey, construct, reconstruct, use, operate, maintain, inspect, repair, replace, alter or remove a sidewalk together with necessary grading required, said sidewalk and grading hereinafter collectively referred to as the ASIDEWALK=, subject to the terms and conditions hereinafter set forth, in, upon, along and across the EASEMENT PREMISES together with all reasonable rights of ingress and egress across any adjoining lands of OWNER necessary for the exercise of the rights herein granted. 2 . OWNER hereby grants, conveys, and warrants to the VILLAGE its agents, servants, employees, its successors, and assigns a temporary construction easement, as described in Exhibit AA,- such said temporary easement and to supply, operate, and use thereon laborers, vehicles, equipment, and machinery as may be necessary to construct and install the aforesaid sidewalk and appurtenances thereto. 3 . Upon completion of any construction, the VILLAGE agrees to replace and grade all topsoil removed. All fences, roads, landscaping, and improvements will be restored to former condition by the VILLAGE if disturbed or altered in any manner by construction. All disturbed areas will be replaced by sod of like quality. 4 . The VILLAGE agrees that it will save and hold OWNER harmless from all damages, costs or liabilities which may arise out of or as a consequence of the negligence of the VILLAGE or its authorized agents, servants or employees in constructing, installing, operating, repairing or maintaining the sidewalk. 5 . OWNER hereby reserves the right to use the EASEMENT PREMISES and its adjacent property in any manner that will not prevent or interfere with the exercise by the VILLAGE or the public of the rights granted hereunder; provided, however, that OWNER shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed, the SIDEWALK nor obstruct or permit to be obstructed the EASEMENT PREMISES at any time whatsoever without the express prior written consent to the VILLAGE. 6 . All rights, title, and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns, and legal representatives . IN WITNESS WHEREOF, the parties hereto have executed or caused this instrument to be executed by their proper officers duly authorized to execute the same . ATTEST: VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation Village Clerk Village President OWNER: Anthony J. Stavros This Document Prepared by: Recorder Mail to: William G. Raysa VILLAGE OF BUFFALO GROVE RAYSA & SKELTON, P.C. 50 Raupp Blvd. Suite 400, 1140 Lake St. Buffalo Grove, IL 60089-2198 Oak Park, IL 60301-1002 F: \GROUP\ENGINEER\ORD\EA01 .doc STATE OF ILLINOIS) ) SS . COUNTY OF C O O K) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that and personally known to me to be the same person (s) whose name (s) is (are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposed therein set forth. GIVEN under my hand and official seal this day of 1998 . Notary Public My Commission Expires : F: \GROUP\ENGINEER\ORD\EA01 .doc STATE OF ILLINOIS) ) SS . COUNTY OF L A K E) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that ELLIOTT HARTSTEIN, personally known to me to be the President of the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and JANET SIRABIAN, personally known to me to be the Village Clerk of the said VILLAGE OF BUFFALO GROVE, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as President and Village Clerk of the VILLAGE OF BUFFALO GROVE, as their free and voluntary act of said VILLAGE OF BUFFALO GROVE for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of 1999 . Notary Public My Commission Expires : F: \GROUP\ENGINEER\ORD\EA01 .doc STATE OF ILLINOIS) COUNTY OF ) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that and personally known to me to be the same person (s) whose name (s) is (are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this day of , 1999 . Notary Public My Commission Expires : F: \GROUP\ENGINEER\ORD\EAOI . DOC Board Agenda Item Submittal XI-D Requested By: Dick K Kuenkler Entered By: Debra J Wisniewski-PW Agenda Item Title: Approval of recommendation of Burger King's Development Improvement Agreement&Final Plat Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 09/21/99 09/27/99 0 Consent Agenda PW 0 Regular Agenda 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 NO funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Engineering approval of this project is recommended subject to the following conditions: 1. Village Board approval of the attached Development Improvement Agreement. 2. Receipt of the project's security in a form acceptable to the Village Attorney. 3. Receipt of the IEPA Sanitary Construction permits. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files 131.doc E3 DIA- Burger King.do( Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: TO: William R. Balling Village Manager FROM: Richard K. Kuenkler Village Engineer DATE: August 27, 1999 SUBJECT: BURGER KING DEVELOPMENT IMPROVEMENT AGREEMENT FINAL PLAT Engineering approval of this project is recommended subject to the following conditions: 1. Village Board approval of the attached Development Improvement Agreement. 2. Receipt of the project's security in a form acceptable to the Village Attorney. 3. Receipt of the IEPA Sanitary Construction permits. Richard K. Kuenkler, P.E. F:AGROUP\ENGINEER\RKK\MEMOS\131.doc xc: Michael Hernandez, Sarfatty Associates, Ltd. Form Prepared: 4/10/86 Burger King Revised: 10/17/88 Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into as of the 13th day of September , 1999, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 North Raupp Boulevard, Buffalo Grove, Illinois, (hereinafter called AVillage=) and BNB Land Venture (hereinafter called ADeveloper=) . WITNESSETH: WHEREAS, in compliance with the Village=s Development Ordinance and pursuant to the Fourteenth Amendment to the Town Center Unit (Annexation Agreement or PUD Ordinance or Agreement) Development Ordinance dated November 11, 1998 Developer has submitted to the Village a Plat of Subdivision designated as Exhibit AA=, attached hereto, which Subdivision Plat has been approved by the Plan Commission of the Village, and, Developer desires to improve the real property described in said Subdivision Plat, and, WHEREAS, the Village is willing to approve said Subdivision Plat, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building 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 AB-- attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, 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 and specifications, dated April 30, 1999 , shown on Exhibit AC—_ attached hereto, including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village=s Development Ordinance, which Exhibit has been prepared by JAS Associates who are registered professional engineers and Exhibit AD=, attached hereto consisting of the Landscaping Plan and as approved by the Village=s Appearance Control Commission. All utility lines and services to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit AE= is a complete cost estimate for the construction of the improvements described in Exhibit AB—_ hereto. Upon the execution of this Agreement and prior to the recordation of the Plat of Subdivision, the Developer shall deposit a Letter of Credit, bond, or other security, acceptable to and in a form and substance approved by the Village as further described in Paragraph 9 herein. Letter of Credit, bond, or other security shall originally be in the amount of $ 174, 903.00 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 described in Paragraph 1 hereof are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid 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 listed in Exhibit AB--. 2 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. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village of Buffalo Grove and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to 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 work by 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 caused by the sole negligence of the Village. This hold harmless shall be applicable to any actions of the Developer, independent contractor, or sub-contractor prior to the date of this Agreement if such prior actions were approved by the Village. 6. The Developer shall cause said improvements herein described to be completed within twenty-four (24) months following the approval of the Plat as shown in Exhibit AA-_ by the President and Board of Trustees, except Public Parks and Detention Areas which shall be completed within twelve (12) months, and except any improvements for which specified time limits are noted on the approved plans, Exhibit AC-_ which shall be completed within the specified time limits shown on the plans. If work is 3 not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, bond, or other security, in accordance with its terms, for the purpose of completing the site 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, bond, or other security, 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 AB-- 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 developers and/or contractors negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit, bond, or other security as further described in Paragraph 9 hereof. 8. It is agreed that no building permit shall be granted by any official for the construction of any structure until required utility facilities (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the individual lots concerned; and that roadways (to include curbs) providing access to the subject lot or lots have been completely constructed except for the designed surface course. It is understood and 4 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 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 improvements (Exhibit AB-- hereof) and the one year maintenance of said improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon delivery to the Village a Letter of Credit, bond, or other security, issued by in favor of the Village in a form acceptable to the Village. The Letter of Credit, bond or other form of security shall be made subject to this Agreement. B. In addition to the terms, conditions, and covenants of the Letter of Credit, bond, or other security, 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 Burger King , 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 and specifications described herein. 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, bond, or other security, under said security, 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 5 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 watermains, 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 (150) 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 (150) percent of the total amount of the Letter of Credit, bond, or other security or an amount equal to fifteen (150) percent of the cost estimate of the individual improvement (s) shall be retained in the Letter of Credit, bond, or other security 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 his 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 6 ($ 5, 000.00 ) . If the Developer has not made the additional deposit required to maintain the total cash deposit in the amount of Five Thousand Dollars ($ 5,000.00 ) 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, 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, bond, or other security, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer thereunder, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit, bond, or other security, to expire, either by its terms, or by return of such Letter of Credit, bond, or other security 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, bond, or other security, permit the Village to draw funds under such Letter of Credit, bond, or other security, the Village hereby agrees to reduce the outstanding liability of the issuer of 7 the Letter of Credit, bond, or other security to the extent that funds are disbursed. 10. Any Letter of Credit, bond, or other security 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. Developer shall install any additional storm sewers and/or inlets which are required in order to eliminate standing water or conditions of excessive sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. No occupancy permit shall be issued until all exterior lighting specified on Exhibit AC—_ is installed and operational. 13. The Developer acknowledges that until final acceptance, he is responsible for providing snow and ice control along any streets within the Development which are adjacent to occupied properties or necessary to provide access to occupied properties. The Developer agrees to pay the Village an annual fee for providing snow and ice control along these streets. The fee rate shall not exceed the Village=s average budgeted snow and ice control cost per mile of Village streets for which this service is provided with a minimum charge being based upon one-half (2) mile. It is the Developers responsibility to provide a map of the applicable areas and the fee payment within thirty (30) days of notification of the annual fee rate. If not paid, the fee may be withdrawn by the Village from the cash deposit described in Paragraph 9-E. 14. 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 8 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 9. 15. 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. 16. 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 Fourteenth Amendment to the Town Center Planned Unit Development Ordinance dated November 11, 1998 and the obligations contained therein. 17. Paragraph(s) N/A are attached hereto and made a part hereof. 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 9 DEVELOPER - BNB LAND VENTURE By 10 Burger King (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A The Plat of Subdivision prepared by Haeger and Associates, Inc. entitled Buffalo Grove Town Center - Unit 9 consisting of 2 sheet (s) last revised 2/5/99 11 Burger King (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements, both public and private, including earthwork, streets, driveway and parking area pavements, sidewalks, sanitary and storm sewers, watermain, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. 12 Burger King (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Plans prepared by JAS Associates entitled Plan of Proposed Improvements for Burger King consisting of 5 sheet (s) last revised 8/19/99 (Specifications not on plans) . 13 Burger King (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Landscaping Plan prepared by Sarfatty & Associates Entitled Burger King consisting of 2 sheet (s) last revised and marked approved as noted by the Village Forester on 9/9/99. G:\ENGINEER\FORMS\DIA - Burger King.doc 14 ALTERNATE PARAGRAPH 8 8. It is agreed that no framing authorization shall be granted by any official for the construction of any structure until required utility facilities (to include but not by way of limitation; watermains, sanitary and storm sewer systems) have been installed and made ready to service the individual lots concerned; and that roadways (or temporary roadways) providing access to the subject lot or lots have been constructed, or are in the course of construction, and are suitable for emergency vehicular traffic as determined by the Village Building Commissioner. It is understood and agreed that framing authorization may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadway access is suitable as determined by the Building Commissioner, for emergency vehicular traffic, notwithstanding the fact that all improvements within the Development may not be completed. It is understood that a building permit authorizing the construction of foundations and supporting subsystems will be issued by the Village upon recording of final plan and completion of proper building permit application including complete payment of all building permit fees and compliance with applicable ordinances and requirements. The type of temporary road proposed and anticipated method of maintenance are described on Exhibit "F", "Temporary Road Construction and Maintenance Specifications". 15 Board Agenda Item Submittal xII-A Requested By: William H Brimm Entered By: William H Brimm Agenda Item Title: Ordinance No.99- An Ordinance Amending Chapter 2.02 and 2.03 of the Village of Buffalo Grove Municipal Code(Voting Procedures) Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/20/99 09/27/99 0 Regular Agenda Finance&GS 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Ordinance amends the Village's Municipal Code in light of the Prosser v Village of Fox Lake case, further in response to recent litigation on the matter of voting procedures set forth in the County of Kankakee v Anthony case. The ordinance clarifies local voting procedures,most specifically in matters of a failure to vote by a member of the corporate authority when present at a meeting. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal xII-B Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance No.99- An Ordinance approving a Planned Unit Development and Preliminary Plan in the O&R District-Werchek Professional Center, IL Route 83/Arlington Heights Road Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/23/99 09/27/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Werchek Builders is proposing to construct an office development on the properties adjacent to the La Salle National Bank at 1300 Arlington Heights Road. The properties are zoned Office and Research. The development would include two office buildings (two stories) of 30,000 square feet. The plan provides 264 parking spaces based on projected use of 38,000 square feet of medical and dental offices and 22,000 for other professional offices. The Plan Commission held a public hearing on May 19, 1999 and voted 5 to 0 to recommend approval of the P.U.D. and Preliminary Plan. The minutes of the Plan Commission meeting and the draft P.U.D. ordinance and exhibits are attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: Board Agenda Item Submittal xII-C Requested By: Robert E Pfeil Entered By: Robert E Pfeil Agenda Item Title: Ordinance No.99- Fifteenth Amendment to the Town Center P.U.D.-Advocate Medical Group office expansion, 214 McHenry Road Date Submitted: Meeting Date Agenda Place Requested: Requested: Department: 0 Consent Agenda 09/23/99 09/27/99 0 Regular Agenda Planning 0 None Does this item Does this item include Will AV equipment be relate to another additional reference required to present item on the info separate from the this item to the agenda? Board packet? board? 0 Yes 0No 0 Yes 0No 0 Yes 0No Item Description Will this action involve an expenditure in 0 Yes 0 No funds? Additional Notes regarding Expenditures: Type the body of the cover memo here. Requests cannot be submitted if this field is blank. Advocate Medical Group is requesting approval to expand its medical office at the Town Center. The current office is 5,566 square feet. The proposed expansion would add 2,034 square feet directly north of the existing space. A draft ordinance and exhibits are attached. Letter-Sized Legal-Sized Ledger-Sized Odd-Sized Attached Files Attached Files Attached Files Attached Files Approval Section: Name: Date and Time: Submitted By: Pre-Approved By: Approved By: Published to Web: