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.
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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.
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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.
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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.
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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.
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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.
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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: