HomeMy WebLinkAboutRESOLUTION - 9-99 - 5/11/1999 - ANNEXATION & DEV AGREEMENT RESOLUTION NO. 9'99
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN ANNEXATION AND DEVELOPMENT AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND DRH CAMBRIDGE
HOMES, INC. , CHICAGO TRUST COMPANY AS TRUSTEE UNDER TRUST
AGREEMENT DATED MARCH 23, 1964 AND KNOWN AS TRUST NUMBER
46684, THOMAS R. SCHREINER IRA ROLLOVER, FIRST AMERICAN
BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 28,
1992 AND KNOWN AS TRUST NUMBER 1-92-051 AND THOMAS R.
SCHREINER
WHEREAS, on May 11, 1999, a public hearing was held
pursuant to Section 65 ILCS 5/11 - 15.1 et seq. of the Illinois
Revised Statutes to consider the approval of an Annexation and
Development Agreement between the Village of Elk Grove Village,
DRH Cambridge Homes, Inc. , Chicago Trust Company, Thomas R.
Schreiner IRA Rollover, First American Bank and Thomas R.
Schreiner; and
WHEREAS, as a result of the testimony and evidence
pregented at said public hearing, the President and Board of
Trustees of the Village of Elk Grove Village find and believe it
to be in the best interest of the Village that the Annexation
and Development Agreement among the Village, Owners and
Developer be approved.
NOW, THEREFORE BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DUPage, Illinois as follows:
Section l: That the Village President be and is hereby
authorized to sign an Annexation and Development Agreement among
the Village, Owners and Developer, a copy of which is attached
hereto and made a part hereof, and the Village Clerk is
authorized to attest said agreement upon the signature of the
Village President.
Section 2: That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTE: AYES: 7 NAYS: 0 ABSENT: 0
PASSED this 11th day of May 1999.
APPROVED this 11th day of May 1999.
AYES: Trustees B. Dill, P. Feichter, S. Lissner, J. Petri, C. Prochno,
N. Czarnik, President Johnson
APPROVED:
Craig B. Johnson
Village President
ATTEST:
Patricia S. Smith
Village Clerk
Published this 14th day of May 1999 in Pamphlet Form.
Rescamb.doc
T t0l: COOK COUNTY RECORDER OF DEEDS Utt
7227/0715633 0011 11508100 I0.17,04 3006
Recordings 00878215 114.00
I ITEMS: Che& 114.00
Change Due; 0.00
Totals 114.00
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THIS OOCU M 3E1. AERECORDED TO ADO EXHIBIT B WHICH WAS ERRONEOUSLY 0r i= F
ORIGINAL RECORDING
2 sYzet,�on 99567347
A 3 Prepared by and Return 5649/0178 03 001 page 1 of q9
5 After Recording To: 99ountRecorder 4 15: 16 : 33 1 3
00
6• Harold W. Francke
8 203 OLFE
North SaIII�IIIiIIII111111IIil
9 Suite 1800 99567947
V) 10 Chicago, Illinois 60601
11 (312) 368-4000
4 12 Recorder's
13
(\
14 ANNEXATION AND DEVELOPMENT AGREEMENT
8 15 fWHYTECLIFFI tS
16
d\ 17 VILLAGE OF ELK GROVE VILLAGE
rj 18
C�1- 19 and
20
21 DRH CAMBRIDGE HOMES, INC.
22
23 and
24
25 CHICAGO TRUST COMPANY,
26 as Trustee under Trust Agreement dated
27 March 23, 1964 and known as
28 Trust Number 46684
2
30 and
31
32 THOMAS R. SCHREiNER IRA ROLLOVER
33
34 and
35
36 FIRST AMERICAN BAN"Ot Personally but Solely as Trustee
37 as Trustee under Trust Agreement dated
38 December 28, 1992 and known as
39 Trust No. 1-92-051
40
41 and
42
3 THOMAS R. SCHREINER
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1 ANNEXATION AND DEVELOPMENT AGREEMENT
2 (WHYTECLIFF)
3 UUH'7y215
4
5 This ANNEXATION AND DEVELOPMENT AGREEMENT (the "Agreement") is made and
6 entered as of the Effective Date(as hereinafter defined)by, between and among the VILLAGE OF
7 ELK GROVE VILLAGE, a municipal corporation of the Counties of Cook and DuPage in the
8 State of Illinois (the "Village"), DRH CAMBRIDGE HOMES, INC., a California corporation
9 ("Developer"), CHICAGO TRUST COMPANY, as Trustee under Trust Agreement dated
10 March 23, 1964 and known as Trust Number 46684 ("Trust 46684"), THOMAS R.
1 I SCHREINER IRA ROLLOVER(the "Schreiner IRA Rollover"), FIRST AMERICAN BANK,
Not Personally 6t gg��lely a Trustee
12 .�as Trustee unt�erTrust al dated December28,1992 and known as Trust No. 1-92-051
13 ("Trust 1-92-051") and THOMAS R. SCHREINER ("Schreiner") (the Schreiner ]RA Rollover.
14 Trust 1-92-051 and Schreiner are collectively referred to herein as the"Schreiner Property Owners")
15 (Trust 46684 and the Schreiner Property Owners are herein collectively referred to as the"Owners").
16 The Village, Developer and the Owners are hereinafter referred to individually as a "Party" and
17 collectively as the "Parties".
18
19 ETH:
20 WHEREAS, Trust 46684 is the owner of record of a parcel of real estate consisting of
21 approximately 12 acres, legally described on EXHIBIT A attached hereto (the "Unincorporated
22 Property" or the"Dixon Property"),which is contiguous to the Village and not within the corporate
23 limits of any municipality; and t3memilm provlsimt teshictirrg arty riabirdy
Of First American Bank attached hereto
Is expressy, made a Pett hereat
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I WHEREAS; the Schreiner Property Owners are collectively the owners of record of: (i) a
2 parcel of real estate consisting of approximately 14.8 acres situated immediately to the north of the
3 Unincorporated Property, which 14.8 acre parcel is within the corporate limits of the Village, zoned
4 in the O-T Office/Transitional District under the Village's Zoning Ordinance and legally described on
5 EXHIBIT B attached hereto(the"Schreiner O-T Property");and(ii)a parcel of real estate consisting
6 of approximately 3.1 acres situated immediately to the north and west of the Schreiner 0-T Property,
7 which 3.1 acre parcel is within the corporate limits of the Village, zoned in the B-3 Automotive
8 Oriented Business District and legally described on EXHIBIT B attached hereto (the "Existing
9- Schreiner Commercial Parcel'); and .
10 WHEREAS, Developer is the contract purchaser of the Dixon Property and of a portion of
11 the Schreiner O-T Property consisting of approximately 14 acres, and Developer seeks to constrict
12 on such properties,which in the aggregate consist ofapproximately 23 acres that are legally described
13 on EXHIBIT C attached hereto(the"Residential Development Property"), a residential subdivision
14 consisting of 63 detached single-family homes; and
15 WHEREAS,Developer and Schreiner Property Owners seek to provide for the development
16 of commercial uses on the remaining portion of the Schreiner O-T Property, which is a parcel
17 containing approximately one and one-half acres that is legally described on EXHIBIT B attached
18 hereto (the "Schreiner Commercial Outlot"), and on the remaining portion of the Dixon Property,
19 which is a parcel containing approximately three acres that is legally described on EXHIBIT D
20 attached hereto (the "Dixon Commercial Outlot")(collectively, the Existing Schreiner Commercial
21 Parcel and the Schreiner Commercial Outlot are referred to in the Agreement as the "Schreiner
Ct 0CMD6snoamla.wo 3
I Commercial Property"and the Dixon Commercial Outlot and the Schreiner Commercial Property are
2 collectively referred to in this Agreement as the "Commercial Properties"); and
3 WHEREAS, the Unincorporated Property is also described and shown on the Plat of
4 Annexation filed in the Village Clerks Office as EXHIBIT E to this Agreement; and
5 WHEREAS, the Unincorporated Property constitutes property which is contiguous to and
6 may be annexed to the Village as provided in the Illinois Compiled Statutes, 1998,65 LLCS 5/7-1-8;
7 and
8 WHEREAS, the annexation of the Unincorporated Property to the Village and the
9 development of the Unincorporated Property within the corporate limits of the Village, together with
10 the development of the Incorporated Property in the Village, as provided for herein would be
I 1 beneficial to the Village in that such development would increase the tax base of the Village, would
12 promote the sound planning and development of the Village, would extend the Village's jurisdiction
13 over the Unincorporated Property thereby protecting the Village from possible undesirable or
14 inharmonious uses and development, and would otherwise enhance and promote the general welfare
15 of the Village; and
16 WHEREAS,the Parties desire, pursuant to applicable provisions of the Illinois Compiled
17 Statutes (including, without,litnitation,those set forth at 65 MCS 5/11-15.1.1 et. M. [19981), the
18 ordinances of the Village and the Village's home-rule authority, to enter into an agreement with
19 respect to the annexation of the Unincorporated Property to the Village,the zoning,subdivision and
20 development of the Residential Development Property, the Dixon Commercial Outlot and the
21 Schreiner Commercial Outlot in the Village and with respect to various other matters related thereto;
22 and
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1 WHEREAS,Developer has furnished the North Cook County Soil and Water Conservation
2 District,the Illinois Historic Preservation Agency and the Illinois Department of Natural Resources,
3 with all necessary information relative to the anticipated development of the Residential Development
4 Property, the Dixon Commercial Outlot and the Schreiner Commercial Outlot and the latter two
5 agencies have concluded that there are no significant archeological or historical elements on the
6 aforesaid properties and there are no threatened or endangered species on or in the vicinity of the
7 Residential Development Property, the Dixon Commercial Outlot and the Schreiner Commercial
8 Outlot; and
9 WHEREAS,the Village has notified the Trustees of the Roselle Fire Protection District,the
10 Schaumburg Township Commissioner of Highways and the Trustees of Schaumburg Township, and
I I will file affidavits of such service of notice with the Recorder of Deeds for Cook County in
12 accordance with applicable provisions of the Illinois Municipal Code, and will comply with all other
13 additional requirements of the Illinois Municipal Code; and
14 WHEREAS, public hearings before the Village Plan Commission relating to the zoning
15 amendments and variations to the Village's Zoning Ordinance,and the granting of a Special Use under
16 Section 7A-1(E)(2) of the Zoning Ordinance with modifications to the R-3 Residential District
17 regulations and the provisions ofthe Subdivision Control Ordinance,as requested herein with respect
18 to the Residential Development Property, the Dixon Commercial Outlot and the Schreiner
19 Commercial Outlot,have been held pursuant to proper notice published on January 19, 1999,by the
20 Village in the Daily Herald, a newspaper of general circulation within the Village, and pursuant to
21 notice given by the Village to surrounding property owners and posted by Developer as required by
22 the Village's Zoning Ordinance and Village Resolution No. 42-74; and
Cttmocs7J10613"031%.vro 5
cluH7�z15
I WHEREAS, public hearings before the President and Board of Trustees of the Village
2 (collectively,the"Corporate Authorities")with regard to this Agreement have been held pursuant to
3 proper notice published on April 6, 1999,by the Village in the Daily Herald. a newspaper of general
4 circulation within the Village, and pursuant to notice given by the Village to surrounding property
5 owners and posted by Developer as required by the Village's Zoning Ordinance and Village
6 Resolution No. 42-74; and
7 WHEREAS, the Plan Commission has recommended to the Corporate Authorities of the
8 Village that the Residential Development Property,the Dixon Commercial Outlot and the Schreiner
9 Commercial Outlot be zoned as hereinafter set forth, and that certain modifications to and variations
10 from applicable regulations of the Village's Zoning Ordinance and Subdivision Control Ordinance be
I I granted as hereinafter set forth, and that a Special Use be granted as hereinafter set forth, with respect
12 to the Residential Development Property, the Dixon Commercial Outlot and the Schreiner
13 Commercial Outlot so that the Residential Development Property,the Dixon Commercial Outlot and
14 the Schreiner Commercial Outlot can be developed by Developer and the Schreiner Property Owners
is with a 63-lot residential subdivision and with commercial uses, as herein provided for; and
16 WHEREAS,Trust 46684 has presented to the Village Clerk and the Corporate Authorities
17 of the Village a duly-executed Petition for Annexation for the Unincorporated Property; and
18 WHEREAS,Trust 46684,the Schreiner Property Owners and Developer have presented to
19 the Village Clerk and to the Corporate Authorities of the Village duly-executed Petitions for
20 Rezoning, Special Use,Variations and Plat Approval for the Residential Development Property,the
21 Dixon Commercial Outlot and the Schreiner Commercial Outlot; and
c1MOCs21106004031IM0 6
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1 WHEREAS,the Corporate Authorities of the Village have considered the annexation of the
2 Unincorporated Property to the Village,the rezoning and subdivision ofthe Residential Development
3 Property, the Dixon Commercial Outlot and the Schreiner Commercial Outlot in the Village and the
4 approval of certain modifications to and variations from applicable regulations of the Zoning
5 Ordinance and Subdivision Control Ordinance,and they have determined that the best interests of the
6 Village will be served by the annexation of the Unincorporated Property to the Village and the
7 zoning, subdivision and development of the Residential Development Property, the Dixon
8 Commercial Outlot and the Schreiner Commercial Outlot in the Village in accordance with the
9 provisions of this Agreement and, by the affirmative vote of at least two-thirds of the Corporate
10 Authorities then holding office, the Corporate Authorities have approved this Agreement and have
I I authorized the President and Clerk of the Village to execute this Agreement; and
12 WHEREAS, the Parties have materially changed their economic and other positions in
13 reliance upon the Parties' execution and delivery of this Agreement and their performance of their
14 respective obligations hereunder.
15 NOW, THEREFORE, in consideration of the foregoing preambles, which are hereby
16 incorporated into and made a part of this Agreement, and of the mutual covenants hereinafter
17 contained, the Parties agree as follows:
18
19 ARTICLE I
20 ANNEXATTON/FUTURE COMPLIANCE
21 The Village and Trust 46684 shall do all things necessary or appropriate to cause the
22 Unincorporated Property to be validly annexed to the Village at the same meeting of the Corporate
ct® C-SVI06er3oaa7Mclo 7
r" 7"A47
I Authorities at which the approval and execution of this Agreement is authorized by the Corporate
2 Authorities. The foregoing shall include the enactment of such resolutions and ordinances as may be
3 necessary to cause the Village to comply with the terms of this Agreement, including the granting of
4 any Zoning Ordinance amendments,variations, modifications or Special Use permits, or Subdivision
5 Control Ordinance amendments,variations or approvals,to permit Developer and Owners to develop
6 the Residential Development Property,the Dixon Commercial Outlot and the Schreiner Commercial
7 Outlot in accordance with the terms of this Agreement.
8
9 ARTICLE 11
10 ZONING
11 2.1 Immediately following the adoption of the ordinance annexing the Unincorporated
12 Property to the Village,the Corporate Authorities of the Village shall adopt an ordinance amending
13 the Comprehensive Plan and official Map and Zoning Map of the Village, classifying and zoning the
14 Residential Development Property, the Dixon Commercial Outlot and the Schreiner Commercial
15 Outlot, and granting other relief as follows:
y
16 A. classifying and zoningthe Residential Development Property in the R-3 Single-
17 Family Residence District;
18 B. classifying and zoning the Dixon Commercial Outlot in the B-2 General
19 Business District;
20 C. classifying and zoning the Schreiner Commercial Outlot in the B-3 Automotive
21 Oriented Business District;
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I D. granting a Special Use for the Residential Development Property to allow
2 development on the Residential Development Property to proceed with the following
3 modifications to the Village's Zoning Ordinance and Subdivision Control Ordinance:
4 (i) to allow fora minimum lot width of 60 feet for cul-de-sac lots,
5 to be measured at the front building setback line rather than
6 the front yard line; and
7 (ii) to reduce minimum street rights-of-way width from 60 feet to
8 50 feet for all street rights-of-way other than at the
9 Biesterfield Road entrance to the Residential Development
10 Property, where a street right-of-way shall be provided as
11 depicted on the Preliminary Engineering Plan described below;
12 E. granting the following variations from the Village's Zoning Ordinance and
13 Subdivision Ordinance for the benefit of the Residential Development Property:
14 (i) to increase the maximum permitted floor area ratio for
�4 15 dwelling units constructed on lots from 0.40 to 0.45;
16 (ii) to increase the maximum allowable encroachment of building
17 projections (including, without limitation, eaves, bays,
18 fireplaces and balconies)into required yards for dwelling units
19 constructed on lots from 12 inchbs to two feet;
20 (iii) to allow the location of a retaining wall in a public utility
21 easement;
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1 (iv) on lots improved with dwelling units containing three-car
2 garages, to increase the maximum permitted driveway width
from 20 feet to 30 feet at the front property line with curb cuts
4 including tapers of up to 36 feet; and
5 (v) to allow a 39 foot wide pavement cross-section to be
6 constructed within a 60 foot wide right-of-way at the entrance
7 to the Residential Development Property on Biesterfield Road.
8 2.2 The aforesaid underlying zoning district classifications shall create permanent zoning
9 classifications for. the Residential Development Property, the Dixon Commercial Outlot and the
10 Schreiner Commercial Outlot (unless changed by the Village at Developer's or Owners' request)
I 1 which shall remain in effect throughout the Term of this Agreement and thereafter until amended in
12 the manner provided by law for the amendment of zoning classifications. The Special Use,
13 modifications and variations described above shall not lapse or expire as a result of the passage of
14 time or upon the happening of any event or the failure of any event to occur,subject to the provisions
f, 15 of Section 9.7 of this Agreement.
16 ARTICLE III
17 APPROVAL OF PRELIMINARY AND FINAL PLATS
18 AND PLANS/DEVELOPMENT OF DIXON COMMERCIAL OUTLOT AND
19 SCHREINER COMMERCIAL OUTLOT.
20 3.1 Preliminary Plat of Subdivision/Residential Preliminary Plans. The Village
21 hereby approves, and Developer hereby agrees to develop the Residential Development Property in
22 substantial conformance with, the Preliminary Subdivision Plat (the "Preliminary Plat") and the
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I Preliminary Commercial Properties Plan and Preliminary Engineering Plan (collectively, the
2 "Residential Preliminary Plans")which are on file with the Village Clerk's Office as EXHIBIT F to
3 this Agreement. The approval of Preliminary Plat and the Residential Preliminary Plans shall not
4 expire at any time or upon the happening of any event or the failure of any event to occur, subject to
5 the provisions of Section 9.7 of this Agreement.
6 3.2 Residential Development Property/Final Pints/Residential Final Plans. Developer
7 shall submit to the Village a final subdivision plat(the" Residential Final Plat"), a final landscape plan
8 and final engineering plans for the Residential Development Property and the Village shall approve
9 such final plats and final plan provided they substantially conform to,respectively,the Preliminary Plat
10 and the Residential Preliminary Plans. Concurrently with the approval of an ordinance or resolution
1 I approving the Residential Final Plat,the Corporate Authorities shall dedicate as public right-of-way,
12 without cost to Developer, that portion of the Village's well site situated east of the Residential
13 Development Property that is identified on the Preliminary Plat as being necessary to construct an
14 extension of the street being constructed on the Residential Development Property to West Glenn
f, 15 Trail (the "Village Dedication Parcel").
16 3.3 Dixon Commercial Outlot and Schreiner Commercial Outlot>Final Plats.Owners
17 may submit to the Village one or more final subdivision plats (a "Commercial Final Plat") for the
1s Dixon Commercial Outlot and the Schreiner Commercial Outlot and the Village shall approve
19 Commercial Final Plats provided they substantially conform to the Preliminary Plat. Owners shall
20 have the right to submit Commercial Final Plats for the Dixon Commercial Outlot and the Schreiner
21 Commercial Outlot in phases. Notwithstanding the foregoing, no development shall occur on either
22 the Schreiner Commercial Outlot or the Dixon Commercial Outlot until site plans for such
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1 development have been reviewed by the Village Plan Commission and approved by the Village Board
2 of Trustees, and in any event, development on the Schreiner Commercial Outlot and on the Dixon
3 Commercial Outlot shall at all times conform to the development standards of, respectively, the B-3
4 Automotive Oriented Business District and the B-2 General Business District, as set forth on
5 EXHIBIT G to this Agreement, unless provided otherwise in this Agreement or in an ordinance
6 adopted by the Village pursuant to this Agreement.
7 3.4 SereenineonCommercial Properties, The developers ofthe Commercial Properties
8 shall provide 75 foot building setbacks and 50 foot landscaped setbacks from the boundary of the
9 Residential Development Property as set forth on the Preliminary Plat. No parking or drive aisles
10 shall be constructed within the aforesaid landscaped setbacks. Such landscaped setbacks shall be
I 1 improved with a berm, landscaping and a fence (collectively, the "Commercial Properties Buffer")
12 concurrently with the development of either the Commercial Properties or the Residential
13 Development Property, whichever is the first to occur. The Commercial Properties Buffer shall be
14 constructed in substantial conformance with the Commercial Properties Buffer Plan attached hereto
15 as EXHIBIT H. Said plan shall not be modified except upon review by the Village's Plan
16 Commission and approval by the Village's Corporate Authorities. Once the Commercial Properties
17 Buffer is constructed, it shall thereafter be perpetually maintained in the condition required by the
18 Commercial Properties Buffer Plan by the owners of the Commercial Properties.
19 3.5 Sanitary and Storm Sewer Extensions. The Village acknowledges that
20 Developer, in connection with its development of the Residential Development Property, will be
21 extending sanitary sewer and storm sewer lines that it is constructing on the Residential Development
22 Property to the Schreiner Commercial Property for distances of approximately 185 feet and 70 feet,
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734'7
I respectively, to a point approximately 55 feet west of the eastern boundary of the Schreiner
2 Commercial Property (the "Sanitary and Storm Sewer Extensions") so that the Commercial
3, Properties can be served with sanitary sewer and storm drainage services.
4
5 ARTICLE TV
6 CONFLICTS
7 4.1 To the extent of any conflict, ambiguity or inconsistency between the terns or
8 provisions of this Agreement,or of any exhibit to this Agreement, and the terms or provisions. either
9 presently existing or hereafter adopted, of the Zoning Ordinance,the Subdivision Control Ordinance
10 or any other Village code, ordinance or regulation, the terms and provisions of this Agreement, or
I l of such exhibit, shall govern and control. Notwithstanding the foregoing, amendments to codes.
12 ordinances, rules and regulations of the Village which relate to building, plumbing, electrical and
13 related restrictions shall be effective as to the Residential Development Property 180 days after the
14 Village gives notice to Developer of the adoption of such amendments.
15 4.2 If any Village code, ordinance or regulation is hereafter adopted, amended or
16 interpreted so as to be less restrictive upon Owners and Developer with respect to the development
17 of the Dixon Commercial. Outlot, the Schreiner Commercial Property and the Residential
18 Development Property than is the case under the existing law then, at Owners' and Developer's
19 option, such less restrictive amendment or interpretation shall control.
20 4.3 If, and to the extent that, this Agreement is silent or ambiguous, then, as between
21 Developer and the Schreiner Property Owners only, the more specific provisions of the Real Estate
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I Sales Contract or any other instrument executed by Developer and the Schreiner Property Owners
2 shall govern, but shall not contractually bind the Village..
3
4 ARTICLE V
5 CONSTRUCTION OF PUBLIC IMPROVEMENTS
6 5.1 Residential Development Property. All public improvements to be constructed on
7 the Residential Development Property shall be constructed by Developer in substantial conformance
8 with the Preliminary Engineering Plan, previously referred to as one of the plans attached hereto as
9 EXHIBIT F, covering all streets, street lights, sidewalks, parkway trees, sanitary sewers, water
10 mains, storm water sewers and storm water detention ponds. Street lights installed by Developer on
I l the Residential Development Property shall conform to the new specifications and design standards
12 for street lights that the Village anticipates adopting after the Effective Date provided; (i)the Village
13 informs Developer of those specifications and standards prior to Developer's purchase of other
14 Village approved street light standards; and(ii)those specifications and standards are implemented
15 by the Village on a Village-wide basis for existing residential neighborhoods in the Village. All
16 roadway and utility improvements constructed on the Residential Development Property shall be
17 inspected by the Village Engineer at one time and all of such improvements shall be conveyed to and
18 accepted by the Village at one time.
19 5.2 Inspection and Approval of Public Improvements Constructed on Residential
20 Development Property. Within 28 working days after receipt of notice from Developer that the
21 public improvements constructed on the Residential Development Property have been completed and
22 all applicable testing has been done, the Village Engineer shall cause said improvements to be
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I inspected and either approved or disapproved. If such improvements are not approved, the reasons
2 therefor shall, within said 28 working day period, be set forth in a written notice to Developer. Upon
3 Developer's correction of the items set forth in said notice, the Village Engineer, at Developer's
4 written request, shall cause said improvements to be reinspected, within 20 working days of receipt
5 of Developer's written notice requesting said reinspection, and either approved or disapproved.
6 Improvements that the Village Engineer fails or elects not to inspect within the aforesaid time frames
7 shall be conclusively deemed to have been approved by the Village subject to said time frames being
8 extended due to circumstances beyond the reasonable control of the Village,provided that the Village
9 shall give prompt notice of said circumstances to Developer.
10 5.3 Conveyance of Public Improvements. All sanitary sewerlines,water mains, streets,
11 street lights, sidewalks, parkway trees and storm sewer lines constructed on the Residential
12 Development Property, following the completion of such construction and the approval of such
13 construction by the Village Engineer, shall be conveyed to the Village by duly-executed bill of sale
14 and shall thereafter be owned and maintained by the Village. All such improvements shall be
15 warranted by Developer to be free from defects in materials and workmanship for a period of two
16 years following the date of conveyance to the Village. All stormwater detention ponds constructed
17 on the Residential Development Property, following the completion of such construction and the
18 approval of such construction by the Village Engineer, shall be conveyed to, and owned and
19 maintained by, a homeowners association.
20 5.4 Off-Site Public Improvements. Neither Owners nor Developer shall be required
21 to construct any off-site public improvements(i.e. sanitary sewer treatment facilities, sanitary sewer
22 tines,water storage tanks, water lines, storm water lines, public road improvements, parkway trees
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1 or the like) in connection with or as a result of the development of the Residential Development
2 Property, the Dixon Commercial Outlot and the Schreiner Commercial Outlot, provided, however.
3 that in connection with the development of the Residential Development Property:
4 A. Developer shall construct a public sidewalk along Biesterfield Road across the
5 frontage of the Residential Development Property;
6 B. Developer shall modify the existing pavement striping on Biesterfield Road to
7 provide a westbound to southbound left turn .lane at the entrance to the Residential
8 Development Property;
9 C. Developer shall widen the south side of Biesterfield Road to relocate the lane
10 reduction taper 60 feet to the east of the entrance to the Residential Development Property;
11 D. Developer shall design and construct a storm sewer along the east property
12 line of the Residential Development Property to eliminate the open swale existing between
13 the discharge of the wetland and the existing off-site storm sewer provided: (i) the Village
14 executes any required wetlands mitigation permit; and(ii)such mitigation permit is issued by
15 the U.S. Army Corps of Engineers; and
16 E. Following dedication of the Village Dedication Parcel, Developer shall
17 construct a street interconnect to West Glenn Trail in accordance with Village specifications.
18 shall install a public sidewalk along such extension,and shall install landscaping,in accordance
19 with the Preliminary Landscaping Plan, on the outlot created by the creation of the Village
20 Dedication Parcel. After construction and before approval ofsuch construction by the Village
21 Engineer,Developer shall return the Village's well site, including any fencing,to its condition
22 prior to construction. The aforementioned outlot shall remain owned by the Village but the
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1 landscaping established on such outlot shall be forever maintained by the homeowners
2 association.
3 Developer shall construct the off-site public improvements noted in this Paragraph 5.4 at its own
4 expense. Developer shall be solely responsible for any damage to public or private property resulting
5 from, and for any claims arising out of, the construction of said off-site public improvements and of
6 the maintenance of the outlot described in Paragraph 5.4 E above.
7 5.5 Screenin¢ from Community Events Sign. Developer shall install a berm and
8 landscaping on the Property in accordance with the Berm Landscaping Plan -- Lot 58 attached as
9 EXHIBIT F-1. Said berm and associated landscaping shall be forever maintained by the
t0 homeowners association.
11 5.6 Security for Public Improvements. Security to be provided by Developer and/or
12 Owners in connection with the construction of public improvements on the Residential Development
13 Property,the Dixon Commercial Outlot and the Schreiner Commercial Outlot and in connection with
14 the construction of the off-site public improvements listed in Paragraph 5.4 shall be delivered to the
15 Village prior to the commencement of construction on those improvements. Such security shall be
16 in accordance with the terms of this Agreement and Section 8-12B-3 of the Subdivision Ordinance,
17 as modified by this Agreement. For purposes of this Agreement, "public improvements" shall be
18 limited to curb and gutter, paving, street lights, sidewalks and parkway trees constructed in public
19 street rights-of-way and sanitary sewer, potable water and stormwater management improvements
20 (i.e.,-storm sewers and detention facilities). Such security shall be in the form of a letter of credit
21 issued by an entity approved by the Village or such other security as may be permitted by the Village.
crMocsVI068(JW31IM0' 17
(sUy'7Fi215 99567347
I Such security shall be reduced by the Village from time to time, as the public improvements and
2 facilities noted in Paragraphs 5.3 and 5.4 above are completed and approved by the Village Engineer.
3 5.7 Warranty Security. Concurrently with the Village's acceptance of the public
4 improvements and facilities noted in Paragraphs 5.3 and 5.4 above, Developer shall deliver to the
5 Village security in the form of a letter of credit issued by an entity approved by the Village or such
W
6 other security as may be permitted by the Village (the "Warranty Security") in a sum equal to 10%
7 of the cost of constructing the public improvements then being accepted by the Village or$10,000,
8 whichever is greater. The Village shall have the right to make demand upon the Warranty Security
9 in order to correct defects in materials or workmanship that arise within two years of the date of
10 acceptance of such public improvements by the Village provided that notice of such defects is given
I 1 to Developer by the Village within such two year period.
12 5.8 Excavation and Gradine of the Residential Development Property. Developer
13 shall have the right to undertake excavation, preliminary grading work, filling and soil stockpiling
14 on the Commercial Properties for the purpose of constructing the Commercial Properties, and on the
15 Residential Development Property for the purpose of constructing the improvements described in the
16 Preliminary Plans, provided Developer has submitted a grading plan and soil erosion and
17 sedimentation control plan to the Village, which plans are reasonably satisfactory to the Village
18 Engineer, and has posted restoration security with the Village in accordance with the terms of this
19 Agreement and Section 8-12B-3 of the Village Subdivision Ordinance. Any work undertaken by
20 Developer pursuant to this provision shall be undertaken at Developer's sole risk.
21 5.9 Construction of Utility Improvements on the Residential Development Property.
22 Developer shall have the right to commence construction of utility improvements and appurtenant
cHMOCsvI06e504031e..40' 18
9956'734'7
ClU�17f�215 '
I facilities on the various portions of the Residential Development Property provided: (i) the Village
2 Engineer has approved a Residential Final Engineering Plan for such portion of the Residential
3 Development Property; (ii) the Village has executed all required Illinois Environmental Protection
4 Agency permit applications for the public improvements that are then to be constructed, (iii)
5 Developer has posted security for the construction of required public improvements for such portion
6 of the Residential Development Property as provided in Section 5.5; and(iv)the Water Reclamation
7 District of Greater Chicago has issued a permit for sanitary sewer discharge and stormwater
8 detention. Developer may undertake such construction even if the Residential Final Plat has not yet
9 been approved by the Corporate Authorities or recorded in the Cook County Recorder of Deeds
10 Office. Any work undertaken by Developer pursuant to this Section 5.8 shall be undertaken by
I 1 Developer at Developer's sole risk.
12 5.10 Recapture.
13 (a) Existing Recapture. Not later than 10 calendar days following Developer's
14 acquisition of the Residential Development Property, Developer shall pay a recapture fee in
15 the amount of $131,403.53 to the Village for the Dixon Property pursuant to Village
16 Ordinance No. 22-97. The Village represents and warrants to Developer and Owners that,
17 except for the foregoing and paragraphs(b)and(c)below,there are no recapture obligations
18 applicable to the Residential Development Property and the Commercial Properties.
19 (b) Commercial Properties Buffer Recapture. In the event the Commercial
20 Properties Buffer is constructed by Developer on the Commercial Properties,the owners or
21 developers of the Commercial Properties,, prior to issuance of any building permit for the
22 Commercial Properties, shall reimburse Developer for, and Developer shall be entitled to
CFMOCS]I106{l304031%.v10- 19
I recapture, the cost of constructing such improvements, as defined below, together with
2 interest thereon as herein provided(the"Commercial Properties Buffer Recapture Amount")
3 The Commercial Properties Buffer Recapture Amount shall include the following costs:
4 (i) All expenses incurred in preparing the Commercial Properties Buffer Plan and the
5 engineering plans and specifications;
6 (ii) All expenses incurred under contracts entered into by or on behalf of Developer in
7 connection with the construction of the Commercial Properties Buffer and all
8 authorized extra expenditures made pursuant thefeto including,without limitation,the
9 expense of purchasing and installing the fence and landscaping shown on the
10 Commercial Properties Buffer Plan;
I l (iii) The expense ofsupervising the construction ofthe Commercial Properties Buffer;and
12 (tv) Any and all permit fees, plan review and inspection fees paid by Developer to the
13 Village in connection with the construction of the Commercial Properties Buffer,
14 The Commercial Properties Buffer Recapture Amount shall not include the cost of
15 constructing any retaining wall on the Residential Development Property or the cost of regrading,
16 seeding or establishing soil erosion control on the Dixon Commercial Outlot. The Commercial
17 Properties Buffer Recapture Amount shall bear simple interest at the rate of 6%per annum from the
18 date the Village Engineer approves the construction of the Commercial Properties Buffer until the
19 date of reimbursement to Developer, The Commercial Properties Buffer Recapture Amount shall be
20 allocated among the owners or developers of the Commercial Properties on the basis of the gross
21 acreage of the parcel for which a building permit is to be issued. Each pro rata share of the
22 Commercial Properties Buffer Recapture Amount shall be due and payable upon application to the
Cr®OCsvI063/304031e.vto' 20
I Village for issuance of such building permit. The Village agrees that it shall not issue building permits
2 for any of the Commercial Properties until evidence of such payment has been submitted to the
3 Village in writing by Developer.
4 (c) Sanitary and Storm Sewer Extension Recapture. In the event the Sanitary
5 and Storm Sewer Extensions are constructed by Developer,the owners or developers of the
6 Commercial Properties, prior to issuance of any building permit for the Commercial
7 Properties, shall reimburse Developer for, and Developer shall be entitled to recapture, the
8 cost of constructing such improvements, as defined below,together with interest thereon as
9 herein provided (the "Sanitary and Storm Sewer Extension Recapture Amount"). The
10 Sanitary and Storm Sewer Extension Recapture Amount shall include the following costs:
11 (i) All expenses incurred in preparing the plans and specifications for the Sanitary
12 and Storm Sewer Extensions;
l3 (ii) All expenses incurred under contracts entered into by or on behalf of
14 Developer in connection with the construction of the Sanitary and Storm
l5 Extensions and all authorized extra expenditures made pursuant thereto
16 including,without limitation,the cost of purchasing all materials and installing
17 the Storm and Sanitary Extensions;
18 (iii) The expense of supervising the construction of the Sanitary and Storm
19 Extensions; and
20 (iv) Any and all permit fees, plan review and inspection fees paid by Developer in
21 connection with the construction ofthe Sanitary and Storm Sewer Extensions.
orTDocs2/10e0040318.00' 21
4}O'J:8215 99567347
1 The Sanitary and Storm Sewer Extension Recapture Amount shall bear simple interest
2 at the rate of 6% per annum from the date of expenditure by Developer until the date of
3 repayment to Developer. The Sanitary and Storm Sewer Extension Recapture Amount shall
4 be allocated among the owners or developers of the Commercial Properties on the basis of
5 the gross acreage of the parcel for which a building permit is to be issued. Each pro rata
6 share of the Sanitary and Storm Sewer Extension Recapture Amount shall be due and payable
7 upon application to the Village for issuance of such building permit. The Village agrees that
8 it shall not issue building permits for any of the Commercial Properties until evidence of such
9 payment has been submitted to the Village in writing by Developer.
10
11 ARTICLE VI
12 MODEL HOMES/SALES AND MARKETING
13 OF RESIDENTIAL DEVELOPMENT PROPERTY
14 6.I Model Homes. Developer may apply for,and the Village shall issue,building permits
15 for the construction of up to four model homes on the Residential Development Property once the
16 Residential Final Plat has been approved by the Village Board of Trustees and prior to the recording
17 of the Residential Final Plat provided: (i)final engineering plans have been approved by the Village
18 Engineer for the Residential Development Property;(ii)emergency access in the form of a gravel road
19 is provided to the portion of the Residential Development Property upon which model homes are then
20 being constructed; and (iii) a`water supply for fire protection purposes is then available within 300
21 feet of said portion of the Residential Development Property.
CHMW)C.SV I 06V304031 B.v10� - 22
clt) r r�z 15 995673,1'7
I 6.2 Sales and Construction Trailers. Developer shall have the right, after this
2 Agreement has been executed by the Village, to place and maintain sales and construction trailers,
3- and other appurtenant facilities(including temporary sanitary and water facilities),on the Residential
4 Development Property and/or the Dixon Commercial Outlot.
5 6.3 Residential Development Property Signage. The Village hereby approves, and
6 Developer shall have the right to install development signage in accordance with, the Temporary
7 Sales Signage and Entry Monument Location Plan attached hereto as EXHIBIT 1. Developer shall
8 also be permitted to install temporary signs no more than 12 feet in height and up to 120 square feet
9 in area on the Residential Development Property for so long as Developer is actively marketing the
10 sale of residential dwelling units on-the Residential Development Property. Such signs may be
I I double-sided and lighted. No exterior sign will be placed or located on or over any underground
12 water main.
13 6.4 Letters of Awareness. Developer shall deliver Letters of Awareness, to (i) all home
14 purchasers, notifying them that the properties immediately west of the Residential Development
15 Property are zoned for commercial purposes in the B-2 and B-3 zoning districts of the Village and
16 that future commercial development of these properties is anticipated; (ii)the purchasers of Lots 57
17 and 58, notifying them that their lots abut lands that have been delineated and classified as wetlands
18 and that such lands are to remain as natural wetlands; and (iii) the purchasers of Lots 1 and 63,
19 notifying them that signage easements have been recorded against their lots. Upon application for
20 a certificate of occupancy for a lot, Developer shall submit to the Village a copy of the relevant
21 Letter(s)of Awareness,signed by the purchaser ofthe lot for which a certificate is sought. Developer
22 shall record each executed Letter of Awareness against the property to which it pertains.
cE�ocsvtaenoa3ts. to 23
'7347
0!(1978215
l ARTICLE VII
2 DONATIONS AND FEES
3 7.1 Open Space Land Dedication Rea uirement/Cas h-in-Lieu Donation. Developer
4 shall pay a cash donation to the Village in lieu of an open space land dedication in the amount of
5 $499,756.32. Such fee shall be payable in three equal installments of$166,585.44 each, with the first
6 installment being due and payable on the three month anniversary of the Effective Date, the second
7 installment being due and payable on the nine month anniversary of the Effective Date and the third
8 installment being due and payable on the 15 month anniversary of the Effective Date, No similar
9 donation shall be required of Owners as a result of or in connection with the development of the
10 Commercial Properties. Developer, at the time of payment of the first installment noted above, shall
11 deliver to the Village evidence of the purchase price paid by Developer for the Residential
12 Development Property.
13 7.2 No Other Donations. Neither Owners nor Developer shall be required by the Village
14 to make any donations of land, cash or equipment to the Village or any other governmental or quasi-
15 governmental agency or any other unit of local government or district except as specifically provided
16 in this Agreement.
17 7.3 Fees. No fee or charge of any description shall be imposed upon Owners, Developer
18 or the development and use ofthe Residential Development Property,the Dixon Commercial Outlot
19 and the Schreiner Commercial Outlot unless, as of the Effective mate of this Agreement, such fee or
20 charge is in existence and being collected by the Village on a uniform basis from all owners, users and
21 developers of property within the Village. The Village shall not increase the amount of any fee or
22 charge imposed on Owners or Developer for building permits, occupancy certificates, plan reviews,
Ct®ocs2/106u30403ts.vto 24
C047821S
1 inspections or other applications unless such increases are:(i)made generally applicable to all owners,
2 users and developers of property within the Village;(ii)reasonably related to increased costs incurred
3 by the Village in providing the services for which such fee is assessed; and (iii) lawful. All building
4 permit and building inspection fees for any improvement constructed on the Residential Development
5 Property, the Dixon Commercial Outlot and the Schreiner Commercial Outlot shall be due and
6 payable upon issuance of a building permit for that improvement.
7
8 ARTICLE VIII
9 BUILDING PERMITS
IO 8.1 Building Permit Issuance. The Village shall issue building permits within 10
1 l working days of application therefor or issue a letter of denial within said period informing Developer
12 specifically as to what corrections are necessary as a condition to the issuance of a building permit
13 and quoting the section of any applicable code relied upon by the Village in its request for correction.
14 If Developer has submitted, and the Village has approved, a set of master building plans for a given
15 . type of dwelling unit then, with respect to building permit applications for dwelling units that
16 substantially conform to those master building plans, the 10 day period set forth above shall be
17 reduced to three working days.
18 8.2 Issuance Prior to Final Plat Recording. Developer may apply for, and the Village
19 shall issue, building permits for the construction of dwelling units on the Residential Development
20 Property once the Residential Final Plat has been approved by the Village Board of Trustees and prior
21 to the recording ofthe Residential Final Plat provided: (i)final engineering plans have been approved
22 by the Village Engineer for the Residential Development Property;(ii)emergency access in the form
cHMUCs11106MMOMSM0 25
( () i"8215 9956' 34'7
1 of a,gravel,road is provided to the portion of the Residential Development Property upon which
2 dwelling units are then being constructed; and(iii) a water supply for fire protection purposes is then
3 available within 300 feet of said portion of the Residential Development Property.
4
5 ARTICLE IX
6 MISCELLANEOUS
7 9.1 Enforceability. This Agreement shall be enforceable in any court of competent
8 jurisdiction by the Village,Owners or Developer by an appropriate action at law or in equity to secure
9 the performance of the covenants, agreements, conditions and obligations of each Party to this
10 Agreement. The Parties agree that an injunction preventing or requiring certain action by any of the
I I Parties under the Agreement may be appropriate and do hereby consent and agree to the jurisdiction
12 of a court of equity for such purposes.
13 9.2 Severability. If any of the covenants, conditions or terms of this Agreement shall be
14 found void or unenforceable for whatever reason by any court of taw or of equity, then every other
15 covenant, condition or term hereof shall remain valid and binding and the Parties, to the fullest extent
16 possible, shall modify such void or unenforceable covenant, condition or term to the extent required
17 to carry out the general intention ofthis Agreement and to impart validity to such covenant,condition
I8 or term.
19 9.3 Notic e. Any notice required or permitted by the provisions of this Agreement shall
20 be in writing and(i)sent by certified mail, return receipt requested, (ii)sent by overnight guaranteed
21 delivery service, (iii) sent by telecopy facsimile or (iv) personally delivered, to the Parties at the
22 following addresses, or at such other addresses as the Parties, by notice, may designate:
CHED002/1069/30403IIM0 26
99567347
I To Village: Village of Elk Grove Village
2 901 Wellington Avenue
3 Elk Grove Village, IL 60007
4 Attn: Village Manager
5 FAX No.: 847/357-4044
6
7 To Developer: DRH Cambridge Homes, Inc.
g 800 South Milwaukee Avenue, Suite 250
9 Libertyville, Illinois 60048
10 Attn: President
I l FAX No.: 847/362-4325
12
13 With a Copy to: Rudnick & Wolfe
14 203 North LaSalle Street, Suite 1800
15 Chicago, Illinois 60657
16 Attn: Harold W. Francke
17 •FAX No.: 312/236-7516
18
19 To Trust 46684: Chicago Trust Company
70 171 North Clark Street
21 Chicago, Illinois 60601
22 Attn: Land Trust Dept.
23 FAX No.: 3121223-2123
24
25 With a Copy To: Stevens & Stevens
26 4800 North Milwaukee Avenue
27 Chicago, Illinois 60630
28 Attn: Le Roy Stevens, Jr.
29 FAX No.: 773/777-8173
30
31 To The Schreiner
32 Property Owners: Thomas R. Schreiner
33 c!o V Ayd Corporation
34 1325 Gateway
35 Elgin, Illinois 60123
36 FAX No.: 847/622-9199
37
38 With a Copy To: Young, Rosen, Dolgin&Finkel, Ltd.
39 33 North LaSalle Street
40 Suite 2000
41 Chicago, Illinois 60602
42 Attn: Steven Isaacson
43 FAX No.: 312/782-9360
44
CF1U0C57J1068/ W31%.vt0 27
i.'i? i7�lzls 99567341
1 Notices shall be deemed given (i) on the fifth (5ih) business day following deposit in the U.S. Mail,
2 if given by certified mail as aforesaid; (ii) on the second (2°") business day following delivery by
3 overnight delivery service, and (iii) upon receipt, if sent by telecopy facsimile or personal delivery.
4 9.4 Term. This Agreement shall be valid and binding for a period often(10)years from
5 the Effective Date of this Agreement.
6 9.5 Benefits. This Agreement shall be binding upon and inure to the benefit of the Parties.
7 their successors, assigns or grantees and upon any successor municipal authorities of the Village and
8 upon any successor municipalities. This Agreement is executed by and among the Parties, and
9 confers rights and obligations only upon the Parties. No other person or entity may rely upon this
10 Agreement or claim any right hereunder.
k
11 9.6 Amendment. This Agreement may be amended from time to time with the consent
12 of the Parties pursuant to the statute in such cases made and provided. Notwithstanding the
13 foregoing,the special use for the Residential Development Property,the Residential Preliminary Plans
14 and the applicability to the Residential Development Property and the Commercial Properties of the
15 provisions of the Zoning Ordinance, Subdivision Control Ordinance or other Village code or
16 ordinance may be amended, changed or otherwise modified by Developer (in the case of the
17 Residential Development Property) or the Schreiner Property Owners(in the case of the Schreiner
18 Commercial Property)and the Village without the necessity of amending this Agreement, provided
19 said amendment, change or modification is approved by the Village pursuant to the applicable
20 procedural requirements provided for such amendment, change or modification as contained in the
21 Zoning Ordinance, Subdivision Control Ordinance or other Village code or ordinance.
cnroocsv106004031I.V10 28
06478215
99567347'
I 9.7 Failure of Developer to Acquire Title. Notwithstanding anything herein to the
2 contrary, if Developer, or its nominee, fails to acquire title to the Dixon Property or that portion of
3 the Schreiner Property that is to constitute a portion of the Residential Development Property within
4 60 days of execution of this Agreement (unless such date is extended by the Corporate Authorities
5 at the request of one of the Parties and such extension may be granted by the Corporate Authorities
6 without the same being deemed an amendment to this Agreement), then this Agreement shall be
7 declared null and void, along with any associated rezonings, special use permits and any variations
8 to the building and zoning codes of the Village. In addition, the Village may, at its discretion, adopt
9 an ordinance disannexing the Dixon Property from the Village.
10 9.8 Integ_ration/Exhibits. This Agreement constitutes the entire agreement of the Parties
I I relative to the annexation, zoning, subdivision and development of the Residential Development
12 Property, the Dixon Commercial Outlot and the Schreiner Commercial Outlot, superseding all prior
l3 discussions, negotiations, understandings and agreements (except that this Agreement shall not
14 supersede,any private agreements that have been heretofore or that may be hereafter entered into by
15 Developer and the Schreiner Property Owners and in the event of any conflict between the provisions
16 of this Agreement and the provisions of said private agreements, the latter shall control as to
17 Developer and the Schreiner Property Owners). All exhibits to this Agreement are expressly
18 incorporated into this Agreement by this reference.thereto.
19 9.9 Effective Date. The "Effective Date" of this Agreement shall be the date of its
20 execution by the Village.
CHMOCsv1060040311MO' _ 29'
c�c��s;�zis 995,673.47
I IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as
2 of the dates set forth below their respective signatures, to be effective as of the Effective Date.
3 VILLAGE OF ELK GROVE VILLAGE, a
4 municipal corporation of the Counties of Cook and
5 DuP gay ite of Illinois,
6
7
S raig B. Johnson, Village President
9
10 ATTEST: Date of Execution:
12
l3 Patricia S. Smith, Village Clerk
14 DRH CAMBRIDGE HOMES, INC., a California
15 c rporation,
16
17 B
18 Its:
19
20 ATTEST: Date of Execution:
21 '
22 By:
23 Its:
24
CFODOCs1/1068/3040318MO 30
9956-7347
CHICAGO TITLE LAND TRUST COWAKY c 9956-73417
CHICAGO
* �1J�CESSOR TRUSTEE TO f,
1 ( ( ��,g215 KH A TRUST COMPANY, as Trustee under
2 Trust Agreement dated March 23, 1964 and known as
3 Trust Number 46684
4 SEE ATTACHED EXCULPATORY
5 By: CLAUSE FOR SIGNATURE
6 Its:
7
8 ATTEST: Date of Execution:
9
10 By:
I 1 Its:
12
l3 THOMAS R SCHREINER IRAROLLOVER
14 is By: a J;
16 Its:
17
18 Date of Execution:
19
20
21
22 This Instrument Is executed by First American flank,not Th s . Schreiner
23 individually but solely as Trustee, as aforesaid Ae the
Covenants and conditions to be performed heraunder by -
24 First American Bank are undenakenbyitsoleryasTrustee, Date of Execution: D
25 as aforesaid and iot indiv;�c !y, and•ni personal or
Individual liability shall La assa;iad or be enforceable
26 against First American Bank by reason of any of the Me Pereenaify but Sotety As Trustee
27 covenants, statements, representations or warranties, FIRST AMERICAN BANK,as Trustee under Trust
28 express or ImPM.herald contained in this InstrumerR. Agreement dated December 28, 1992 and known as
29 Trust N . 1- -051
30
31
32 Its:
33 /
34 ATTEST: Date of Execution:
35
36 By: .
37 Its: mut
38
39 1 011 prtA dN faSGicErB rm9 Ra
40 of First American Bank attached herft
Is expressly made a part hereat,
c•ttmocsv10d9rM03tr.vro' 31
t STATE OF ILLINOIS ) 00478215
2 ) ss
3 COUNTY OF COOK )
4
5 I,the undersigned, a Notary Pubfic in and for the County and State aforesaid, DO HEREBY
6 CERTIFY, that Craig B. Johnson, personally known to me to be the Village President of the
7 VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the Counties of Cook and
8 DuPage, State of Illinois, and Patricia S. Smith, personally known to me to be the Village Clerk of
9 said municipal corporation, and personally known to me to be the same persons whose names are
10 subscribed to the foregoing Annexation and Development Agreement, appeared before me this day
I l in person and severally acknowledged that, as such Village President and Village Clerk, they signed
12 and delivered the said Annexation and Development Agreement as Village President and Village
13 Clerk, pursuant to authority given by the Board of Trustees of said municipal corporation, as their
14 free and voluntary act and as the free and voluntary act and deed of said municipal corporation, for
15 the uses and purposes therein set forth.
16 /
17 Given under my hand and official seal this��ay of 1999,
18
19
20 EPATRICIA
ICIAL SEAL Nota Public
21 (SEAL) ry
22 DROSCHAK
3IftX.NATE OF aUNOW My commission expires // 0 7 OISSION EXPWS:i iiowo1
24 .n
cHMocsvl068r304031I.V10' 32
.. - C'U�7ti215 9U'�S"7347
I STATE OF ILLINOIS )
2 ) ss
3 COUNTY OF LAKE )
4
5 I,the undersigned, a Notary Public in and for the County and State aforesaid,DO HEREBY
6 CERTWY, that rul(rj .PhAj nd S m y&44) personally known to me to be the
7 and of DRH Cambridge Homes, Inc„ a California
8 corporation, and personally known to me to be the same persons whose names are subscribed to the
9 foregoing Annexation and Development A eement, appeared befo a me this day in person and
10 severally acknowledged that, as such andy�/Qs , they signed and
11 delivered the said Annexation and Development Agreement as their free and voluntary act and as the
12 free and voluntary act of said corporation, for the uses and purposes therein set forth.
13
14 Given under my hand and official seal thiQWday of 1999,
15
16
17 yT JQ��l t1. 1Y�4Cix/t/
l8 (SEAL) Notary Public
19
20 My commission expires
21
22
23
NARY PUBL 01C1ECHOWSIO
MYCpMM�NSE1q�7$�n�N99a9S
CFM0CSV106ti3U0318.v10' - 33
`?('`67347
I STATE OF ILLINOIS
2 ) ss
3 COUNTY OF (,ekq4_ )
4
5 I,the undersigned, a Notary Public in and for the County and State aforesaid,DO HEREBY
6 CERTIFY, that Thomas R. Schreiner, personally known to me to be the same person whose name
7 is subscribed to the foregoing Annexation and Development Agreement,appeared before me this day
8 in ,person and acknowledged that he signed and delivered the said Annexation and Development
9 Agreement as his free and voluntary act, for the uses and purposes therein set forth.
t0
I I Given under my hand and official seal this day ofeo 1999.
12
13
14 -dl�-G-
15 (SEAL) otary Public
16
17
LOOFFICIALSF-AL", cssMy commission expires18 ES M.BERTONNotary ftk S1*d tlnJAth irtaw EgkW 10101100
CFIDOCS211068/3O403 19.vl0' - 34
STATE OF ILLINOIS )
00878215 9956'x'34'7•
SS:
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY THAT KARL H. SEESSER, personally known to me to be a Vice President of First
American Bank,an Illinois banking corporation,and GLENDA ZIEGLER personally known to me
to be a Trust Administrator of First American Bank, 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 severally acknowledged that as Vice President and Trust Administrator of said
corporation they signed the foregoing instrument of their own free and voluntary act and caused the
corporate seal of said corporation to be affixed thereto,pursuant to authority,given by the Board of
Directors of said corporation as their free and voluntary act,and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal, this 76 day of June, 1999.
U •
Notary Public
7"O
ICIALSEAL"ENAMONTANO
ublic Slate of Illirwls
My Commission Expires 02/05101
`t+s'sA�Y4.4A
(tog?HZ15
9956 734'7
EXCULPATORY CLAUSE FOR CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE
UNDER TRUST M466d4 ATTACHED TO AND MADE A PART OF THE ANNEXATION AND
DEVELOPMENT AGREEMENT TO VH LAGS OF ELK GROVE VH.LAGE, DRH CAMBRIDGE
HOMES,INC,THOMAS R.SCHREINER,ETC.
It is expressly understood and agreed by and between the parties hereto,anything to the contrary notwithstanding, that
each and all of the warranties, indemnities, reprrsentations,covenants, undertakings and agreements herein made on
the part of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants,
undertakings and agreements of said Trustee aro nevertheless each and every one of them, made and intended not as
personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the
purpose or with the intention of binding said Trustee personally but aro made and intended for the purpose of binding
only that portion of the trust property specifically described herein, and this instrunicnt is executed and delivered by
said Trustee not in its own right,but solely in the exercise of the powers conferred upon it as such Trustee; and that no
personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against
CHICAGO TITLE LAND TRUST COMPANY, on account of this instrument or on account of any warranty,
indemnity, representation,covenant or agreement of the said Trustee in this instrument contained, either expressed or
implied,all such personal liability,if any,being expressly waived and released
Date:
CHICAGO TITLE LAND TRUST COMPANY,as Trustee
Under Trust No. 46694 i
(tCORPORArEAssistant Vex Ptesi "C
Attest:
By: 00
--J—jzt secretary
State of Metals
County of Cools SS.
I, the undersigned,a Notary Public in and for the County and State aforesaid, do hereby cu*that the above named
Assistant Vice President and Assistant Secretary of CHICAGO TITLE LAND TRUST COMPANY, personally
known to me to be the same persona whose names aro subsexrbed to the foregoing instrument as such Assistant Vita
President and Assistant Secretary, respectively, appeared before me this day in person and acknowledged that they
signed and delivered the said instrument as their own free and voluntary ad and as the free and voluntary act of said
Company for the uses and purposes;therein set forth; and the said Assistant Secretary then and there acknowledged
that the said Assistant Secretary,as custodian of the corporate seal of said Company,dosed the corporate seal of said
Company to be affixed to said instrument as said Assistant Secretarys own free and voluntary ad and as the fix and
voluntary ad of said Company for the uses and pnuposes therein art forth
Given under my hand and Notarial Seal this ]UNE 9, 1999
"OFFICIAL SEAL"
• LIDIA MARINCA ; Gtr 2Q�2,_,
• Notary Public, Stat&of IIIlruola j
_•iie•MM*'40ilii
995657347
l EXHIBIT LIST UOS 78215
2
3
4 ATTACHED
5
6 EXHIBIT A Legal Description - Unincorporated Property/Dixon Property
7
8 EXHIBITB Legal Description-Incorporated Property/SchreinerProperty/Existing Schreiner
9 Commercial Parcel/Schreiner Commercial Outlot
l0
I 1 EXHIBIT C Legal Description - Residential Development Property
12
13 EXHIBIT D Legal Description - Dixon Commercial Outlot
14
15 EXHIBIT G Development Standards Applicable to Dixon Commercial Outlot and Schreiner
16 Commercial Outlot
17
18
19 ON FILE WITH VILLAGE
20
21 EXHIBIT E Plat of Annexation prepared by Midwest Technical Consultants, Inc. and last
22 revised on January 20, 1999.
23
24 EXHIBIT F Preliminary Plat of Subdivision prepared by JEN Land Design, Inc. and last
25 revised on January 19 , 1999.
26
27 Preliminary Commercial Properties Plan (Residential Development Property)
28 prepared by JEN Land Design, Inc. and last revised on January 19, 1999.
29
30 Preliminary Engineering Plan (Residential Development Property) prepared by
31 Cowhey Gudmundson Leder, Ltd. and last revised on January 20, 1999.
32
33 EXHIBIT F-1 Berm/Landscaping Plan— Lot 58, prepared by the Williams Design Group and
34 dated April 26, 1999.
35
36 EXHIBIT H Commercial Properties Buffer Plan prepared by JEN Land Design, Inc. and last
37 revised on April 6, 1999.
38
39 EXHIBIT I Temporary Sales Signage and Entry Monument Location Plan prepared by JEN
40 Land Design, Inc. and last revised on February 16, 1999.
41
cr1[cxsv1ae9n0403u.Via
99567347-
1 - EXHIBIT A
3 LEGAL DESCRIPTION
4
5 UNINCORPORATED PROPERTY/DIXON PROPERTY
6
7
8 PARCEL L•
9
10 THE SOUTH 444.92 FEET OF THE NORTH 1156.92 FEET(MEASURED ON THE EAST LINE
I I AND WEST LINE) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST
12 1/OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF
13 THE THIRD PRINCIPAL MERIDIAN,.IN COOK COUNTY, ILLINOIS, EXCEPTING THE
14 WEST 50 FEET OF THE WEST 489.92 FEET (MEASURED ALONG THE NORTH LINE) OF
15 THE SOUTH 178.0 FEET OF THE NORTH 534.0 FEET OF THE NORTH 37.5 ACRES OF THE
16 WEST 75 ACRES OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP
17 41 NORTH,RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
18 ILLINOIS.
19
20 PARCEL 2:
21
22 THAT PART OF THE SOUTH 444.92 FEET OF THE NORTH 1,156.92 FEET, BOTH AS
23 MEASURED ALONG THE WEST LINE THEREOF, OF THAT PART OF THE NORTH 37.50
24 ACRES OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 36,
25 TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
26 WEST OF THE EAST 5 ACRES OF SAID NORTHWEST QUARTER AND LYING EAST OF
27 THE WEST 75 ACRES OF THE EAST HALF OF SAID NORTHWEST QUARTER IN COOK
28 COUNTY, ILLINOIS.
29
-30
31
32
33
34
('Hn)Csvl06e/30403Ilml0 A-1
99567347
1 EXHIBIT B t (,`►i N215
2
3. LEGAL DESCRIPTION
4
5- INCORPORATED PROPERTY/SCHREINER PROPERTY
6
7 SCHREINER PROPERTY (IN ITS ENTIRETY)
8
9 LOT 1 AND LOT 2 IN SCHREINER'S SUBDIVISION OF PART OF THE EAST '/ OF THE
10 NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE
I I THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
12
13 EXISTING SCHREINER COMMERCIAL PARCEL
14
15 LOT I IN SCHREINER'S SUBDIVISION OF PART OF THE EAST '/ OF THE NORTHWEST
16 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL
17 MERIDIAN, IN COOK COUNTY, ILLINOIS.
IS
19 SCHREINER COMMERCIAL OUTLET
20
21 THE WEST 300 FEET OF THE SOUTH 207.71 FEET OF LOT 2 IN SCHREINER'S
22 SUBDIVISION OF PART OF THE EAST %2 OF THE NORTHWEST 1/4 OF SECTION 36,
23 TOWNSHIP 41 NORTH,RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, INCOOK
24 COUNTY, ILLINOIS:
25
Cts S211069/3GQMAO B-1
9956734'7
1 EXHIBIT C
2 5
3 LEGAL DESCRIPTION
4
5 RESIDENTIAL DEVELOPMENT PROPERTY
6
7 LOT 2, EXCEPT THE WEST 300 FEET OF THE SOUTH 207.71 FEET, IN SCHREINER'S
8 SUBDIVISION'OF PART OF THE EAST 1/20F THE NORTHWEST 1/4 OF SECTION 36,
9 TOWNSHIP41 NORTH,RANGE 10 EASTOFTHE THIRD PRINCIPAL MERIDIAN, IN COOK
l0 COUNTY, ILLINOIS
11
12 AND
13
l4 THE SOUTH 444.92 FEET OF THE NORTH It 56.92 FEET(MEASURED ON THE EAST LINE
15 AND WEST LINE) OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST
16 HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE
17 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THE WEST
18 350 FEET AS MEASURED ALONG THE NORTH LINE THEREOF, OF THE SOUTH 444.92
19 FEET OF THE NORTH 1156.92 FEET(MEASURED ON THE EAST LINE AND WEST LINE)
20 OF THE NORTH 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST HALF OF THE
21 NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF
22 THE THIRD PRINCIPAL MERIDIAN.
23
CtIDacs2/106&SW3ISMO C-1
1 EXHIBIT D ---
2
3 LEGAL DESCRIPTION
4
5 DIXON COMMERCIAL OUTLOT
6
7 THE WEST 350 FEET(EXCEPT THE WEST 50.00 FEET THEREOF)AS MEASURED
8 ALONG THE NORTH LINE THEREOF,OF THE SOUTH 444.92 FEET OF THE NORTH
9 1156.92 FEET(MEASURED ON THE EAST LINE AND WEST LINE)OF THE NORTH
10 37.5 ACRES OF THE WEST 75 ACRES OF THE EAST 4/2 OF THE NORTHWEST 1/4
11 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 10 EAST OF THE THIRD
12 PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
CtUD=2/10600403 I&.v 10 D-1
NOV -43' 00 (MON► 14 :43 ;S _CMN MAIN OFF TEL: 84 , )49 7149 P. On
9956 7347
1 EXHIBIT G
2
3 DEVELOPMENT STANDARDS FOR COMMERCIAL OUTLOTS
4
5 DIXON COMMERCIAL OUTLOT
6
7 USE REGULATIONS:
8
9 1. Permitted Uses:
10
I I Business and professional offices.
12 Institutional and governmental uses.
13 Retail sales and consumer service uses unless specifically prohibited herein.
14
15 2. Prohibited Uses:
16
17 Auto or other salvage yards.
18 Motor Vehicle repair, sales or service.
19 Business or trade schools.
20 Concrete mixing and asphalt plants.
21 Coin operated amusement centers.
22 Drive-in theaters.
23 Drive-through and fast food restaurants and other drive-through facilities.
24 Dumping or disposal areas.
25 Junk yards.
26 Mobile homes.
27 Multi-tenant retail or strip shopping centers.
28 Outdoor recreation or amusement centers.
29 Truck terminals.
30 Veterinary Clinics.
3 l Warehousing, except in conjunction with a principal use of retail business.
32 Wholesaling of products.
33 Wrecking or dismantling of automobiles, vehicles or other products.
34
35 Any use which is in operation for 24 consecutive hours, excluding medical and
36 assisted-living facilities.
37
38 SITFi PLAN REVIEW
39
40 No building permit shall be issued fbi any development proposal on the Dixon Commercial Outlot
41 unless such proposal has undergone Site Plan Review,as described in Section 3.3 of this Agreement.
42 This process shad ensure that development proposals are in compliance with all Village codes,
43 standards,ordinances and policies. Such review shall include review of proposed curb cuts.Proposed
44 site plans shall include additional screening on the Commercial Properties' side of the Commercial
45 Properties Buffer Plan attached as Exhibit H.
46
NOV 13� 00 (MON) 14 :43 .ES -,AN MAIN OFF TEL14 , o49 1149 P. 003
99567347
I SITE AND STRUCTURE REQUIREMENTS
2
3 1. D Materials: All buildings located on the Dixon Commercial Outlot shalt be
4 constructed of face brick on all sides.
5
6 2. Enclosure: All uses, except required off-street parking and loading, shall be conducted
7 completely within enclosed structures.
8
9 3. Mechanical Equipment: All rooftop mechanical equipment associated with uses on the
10 Dixon Commercial Outlot shall be screened from viewby a continuous,permanent and sound
11 absorbent screen of the same color as the principal structure. Wherever possible, the screen
12 shall be designed as an architectural component of the structure in the form of a parapet wall.
13 '
14 4. Screening of Refuse Areas: All refuse disposal areas shall be enclosed on four sides by a
15 brick wall no less than six feet and no more than seven feet in height, Such enclosures shall
16 be used exclusively for the confinement of refuse and grease containers, and shall not be used
17 for the outside storage of any other materials of equipment.
18
19 5. Exterior Lightinrt: No exterior lights, except required security lights, shall be operated
20 between 9:00 p.m. and 7:00 a.m. the following day. All exterior lights located on the front
21 of buildings shall be directed toward the buildings. All exterior lighting shall be shaded or
22 inwardly directed in such a manner that no direct lighting or glare is cast upon adjacent
23 residential or institutional property. The intensity of such lighting shall not exceed one
24 footcandle as measured at the abutting property line.
25
26 PARKING REGULATIONS
27
28 Development on the Dixon Commercial Outlot shall comply with the Village's Zoning Ordinance
29 parking regulations as they are in effect upon the Effective Date of this Agreement.
30
31 LANDSCAPING AND BUFFERING:
32
33 1. Buna from Residential Development Property: A buffer area 50 feet in width shall be
34 provided adjacent to the eastern property line, as described in Section 3.4 and as depicted on
35 Exhibit H of this Agreement. This improvement shall be constructed at the time required by
36 the provisions of the Agreement.
37
39 2. Buffering of Parking Areas: All off-street parking areas located on the Dixon Commercial
39 Outlot and adjacent to Meacham Road shall be set back a minimum of 10 feet. Continuous
40 landscaping a minimum of three feet in height shall be provided within this 10 foot setback
41 upon the development of the Dixon Commercial Outlot.
42
43 3, Fences and Shtubberry: Nofences shall be erected that are in excess of six feet in height
44 above ground level along the boundary line of a lot, except that an eight-foot high, wooden
45 stockade style fence shall be erected along the rear property line of Lots 2 through 6,
46 inclusive, as part of the Commercial Properties Buffer Plan attached to the Agreement as
NQV -1100(MON) 14 :43 ES ..jMN MAIN OFF TEL: 84 , j49 1149 P. 004
�,:��tiis ��`•���?347
I Exhibit H. No shrubbery, hedging or planting shall interfere with clear vision. Barbed wire
2 and electrically charged wire are prohibited.
3 4.
4 ACCESS:
5
6 Wherever appropriate, as jointly determined by the Cook County Highway Department and the
7 Village, all access drives to the Dixon Commercial Outlot and the Schreiner Commercial Outlor shall
8 be shared or consolidated.
9
10
H SCHREINER COMMERCIAL OUTLOT
12
13 USE REGULATIONS:
14
15 1. Permitted Use
16
17 All uses permitted on the Dixon Commercial Outlot.
18 Ambulance service.
19 Automobile repair garages.
20 Automobile service stations.
21 Drive-in banks.
22 Garden stores and gift shops.
23 In door places of entertainment and amusements.
24 Public utility stations.
25 Restaurants, including drive-in establishments serving food or beverage for consumption
26 outside the structure.
27 Undertaking establishments.
28
29 2. Prohibited Uses: All uses not specifically permitted above shall be prohibited on the Schreiner
30 Commercial Outlot.
31
32
33 SITE PLAN REVIEW
34
35 No building permit shall be issued for any development proposal on the Dixon Commercial Outlot
36 unless such proposal has undergone Site Plan Review, as described in Section 3.3 of this Agreement.
37 This process shall ensure that development proposals are in compliance with all Village codes,
38 standards,ordinances and policies. Such review shall include review ofproposed curb cuts.Proposed
39 site plans shall include additional screening on the Commercial Properties side of the Commercial
40 Properties Buffer Plan attached as Exhibit H.
41
42 SITE AND STRUCTURE REOUIRBMENTS:
43
44 1. Desitin Materials: - All buildings located on the Schreiner Commercial Outlot shall be
45 constructed of face brick on all sides.
NOV., 1,3'_09 (MON) 14: 44 ES . :IN MAIN OFF TEL: 84', ,49 1149 P, 005
I 94��?347
2 2, Enclosure: All uses, except required off-street parking and loading, shall be conducted
3 completely within enclosed structures.
4 .
5 3, Mechanical Equipment: All rooftop mechanical equipment associated with uses on the
6. Schreiner Commercial Outlot shall be screened from view by a continuous, permanent and
7 sound absorbent screen of the same color as the principal structure. Wherever possible, the
8 screen shall be designed as an architectural component of the structure in the 150nn of a
9 parapet wall.
10
11 4, Screening of Refuse Areas: All refuse disposal areas shall be enclosed on four sides by a
12 brick wall no less than six feet and no more than seven feet in height, Such enclosures shall
13 be used exclusively for the confinement of refuse and grease containers,and shall not be used
t4 for the outside storage of any other materials of equipment.
15
16 5. Exterior Li ht¢ ine: All exterior tights located on the front of buildings shall be directed
17 toward the buildings. All exterior lighting shall be shaded or inwardly directed in such a
18 manner that no direct lighting or glare is cast upon adjacent residential or institutional
19 property. The intensity of such lighting shall not exceed one footcandle as measured at the
20 abutting property line,
21
22 PARKING REGULATIONS
23
24 Development on the Schreiner Commercial Outlot shall comply with the Village's Zoning Ordinance
25 parking regulations as they are in effect upon the Effective Date of this Agreement.
26
27 LANDSCAPING AND BUFFERING:
28
29 1. Buffering from Residential Development Property A buffer area 50 feet in width shall be
30 provided adjacem to the eastern property line, as described in Section 3.4 and depicted on
31 Exhibit H of this Agreement. This improvement shall be constructed at the time required by
32 the provisions of the Agreement.
33
34 2. Buffering ofParking.Areas: All off-street parking areas located on the Schreiner
35 Commercial Outlot and adjacent to Meacham Road shall be set back a minimum of 10 feet.
36 Continuous landscaping a minimum of three feet in height shall be provided within this 10
37 foot setback upon the development of the Schreiner Commercial Outlot.
38
39 3- Fences and Shrubbwv: No fences shall be erected in excess of six feet above ground
40 level along the boundary line of a lot, except that an eight-foot high, wooden stockade style
41 fence shall be required along the rear property line of Lots 2 through 6, inclusive, as part of
42 the Commercial Properties Buffer Plan attached as Exhibit H. No shrubbery, hedging or
43 planting shalt interfere with clear vision. Barbed wire and electrically charged wire are
44 prohibited.
45
cr®ocsv�oeaeamtt.+�o G-4
I AC_ CESS .
5�>1s 9956 734'7
2
Wherever
� De
and the
Village, all access drives o the Dixon Commercial Out 5 be shared or consolidated. oand the Schreiner Commercial Outtot
shall
(•FMX)CS2/I06V304071t.vW
G-5
(w 478215 9956'7347
Exculpation of Trustee .
It is expressly understood and agreed by and between the parties hereto,
anything herein to the contrary notwithstanding, that each and all of the warranties,
indemnities,representations,covenants,undertakings and agreements herein made on
the part of the Trustee, while in form purporting to be the warranties, indemnities,
representations, covenants,undertakings and agreements of First American Bank as
said Trustee,are nevertheless each and every one ofthem,made and intended not as
personal warranties, indemnities, representations, covenants, undertakings and
agreements by First American Bank or any of its directors, officers, employees, or
shareholders or for the purpose or with the intention of binding First American Bank
or any of its directors, officers, employees, or shareholders personally but are made
and intended for the purpose of binding only that portion of the trust property
specifically.described herein, and this instrument t is executed and delivered by First
American Bank not in its own right,but solely in the exercise of the powers conferred
upon it as such Trustee,and no personal liability or personal responsibility is assumed
by nor shall at any time be asserted or enforceable by any person against First .
American Bank or any of its directors, officers, employees, or shareholders on
account of this instrument or on account of any warranty,indemnity, representation,
covenant, undertaking or agreement of the Trustee in this instrument, all such
personal liability, if any, being expressly waived and released and any recovery
therefor being limited to the property hereby conveyed and the enforcement of
remedies under the documents and instruments creating, securing, or otherwise
governing the obligations secured by this instrument;provided however.this clause
shall not impair the enforceability or adversely affect the availability of any rights that
may otherwise be available to Mortgagee or the obligations of any co-signer,
endorser, or guarantor of the obligations secured by this instrument; and provided
further-that the foregoing limitations on personal liability shall not impair the validity
of the indebtedness secured by Mortgagee's collateral or the lien or security interest
on the collateral or the right ofMortgagee as mortgagee or secured party to foreclose
and/or enforce rights against the collateral after default by the Mortgagor. Subject to
the foregoing,the warranties,indemnities,representations,covenants, undertakings
and agreements herein made on the part of the Trustee are made for the sole benefit
of Mortgagee,and no other person or persons,other that Mortgagee's successors or
permitted assigns, shall have any benefits, rights, or remedies by reason of such
warranties, indemnities, representations, covenants, undertakings and agreements
herein made on the part of the Trustee. Nothing herein shall be deemed to be a
waiver of any right which Mortgagee may have under sections 506(a), 506(b),
11 11(b)or any other provision of the Bankruptcy Reform Act of 1978,as at any time
amended or reinstated, to file a claim for the full amount of the debt owing to
Mortgagee in the event Mortgagor or its beneficiary should become the subject of a
petition for bankruptcy or reorganization or to require that all collateral shall continue
to secure all of the indebtedness owing to Mortgagee in accordance with the
documents and instruments creating,securing,or otherwise governing the obligations
secured by this instrument.
4\TRU87n7WZTDDC%AlID79 TZXCULM.LTR
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79
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