HomeMy WebLinkAboutRESOLUTION - 36-94 - 7/12/1994 - ANNEX. AGRMT/MANOR HEALTHCARE CORPRESOLUTION NO. 36-94
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND MANOR HEALTHCARE CORP.
WHEREAS, on July 12, 1994, a public hearing was held pursuant
to Chapter 24, Section 11-15.1-1 et seg. of the Illinois Revised
Statutes to consider the approval of an Annexation Agreement bet-
ween the Village of Elk Grove Village and Manor Healthcare Corp.;
and
WHEREAS, as a result of the testimony and evidence presented
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 Agreement bet-
ween the Village and Owner 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 1: That the Village President be and is hereby au-
thorized to sign an Annexation Agreement between the Village of
Elk Grove Village and Manor Healthcare Corp., a copy of which is
attached hereto and made a part hereof and the Village Clerk is
authorized to attest said documents 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:
*5
NAYS: 0
ABSENT: **1 ABSTAINf**1
PASSED
this
12th
day
of July
1994.
APPROVED
this
12th
day
of July
1994.
Dennis J. Gallitano
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
Trustees
* Ronald L. Chernick, Craig B. Johnson, James P. Petri, Michael A. Tosto,
President Dennis J. Gallitano
** Trustee Nancy J. Czarnik
*** Trustee Paul A. Rettberg
-2-
_ (N-146)
' 04850-022
Draft: 4/26/94
Redline: 6/13/94
Final: 7/07/94
VILLAGE OF ELK GROVE VILLAGE
and
MANOR HEALTHCARE CORP.
and
AMERICAN MIDWEST BANK & TRUST,
Trustee under Trust Agreement dated
September 15, 1993, known as
Trust Number 6498
THIS DOCUMENT HAS BEEN PREPARED BY AND SHOULD BE RETURNED AFTER
RECORDING TO:
David E. Zajicek, Esq.
KECK, MAHIN & CATE
One Mid America Plaza, Suite 1000
Oakbrook Terrace, IL 60181
(708) 954-2105
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 15th, day
of August , 1994, by and between the VILLAGE OF ELK GROVE
VILLAGE, a municipal corporation of the County of Cook in the
State of Illinois (the "Village"), MANOR HEALTHCARE CORP., a
Delaware corporation ("Developer") and AMERICAN MIDWEST BANK &
TRUST, Trustee under Trust Agreement dated September 15, 1993,
known as Trust Number 6498 ("Owner") .
W I T N E S S E T H•
WHEREAS, Developer is the owner of record of the parcel
of real estate legally described on EXHIBIT A attached hereto
(the "Incorporated Property");
WHEREAS, the Incorporated Property is within the
corporate limits of the Village and is zoned A-2 Multiple Family
residence District, impressed with the benefit of a Special Use
Permit pursuant to Ordinance 1956 passed and approved on
March 22, 1988, permitting the construction and operation of a
120 -Bed Nursing Home;
WHEREAS, Owner is the owner of record of the parcel of
real estate legally described on EXHIBIT B attached hereto (the
"Unincorporated Property"), which is adjacent to and immediately
west of the Incorporated Property and is contiguous to the
Village and not within the corporate limits of any municipality;
WHEREAS, Developer is the contract purchaser of the
Unincorporated Property and intends to construct and operate a
56 -Bed Alzheimer Care Living Facility partially on the
Unincorporated Property and partially on the Incorporated
Property and intends to construct and operate a 60 -Bed Addition
to the Nursing Home on the Incorporated Property;
WHEREAS, the Unincorporated Property is also described
and shown on the Plat of Annexation filed in the Village Clerk's
Office as EXHIBIT C (hereinafter referred to as the "Territory");
WHEREAS, the Territory constitutes property which is
contiguous to and may be annexed to the Village as provided in
the Illinois Compiled Statutes, 1992, 65 ILCS 5/7-1-8;
WHEREAS, the development of the Territory within the
corporate limits of the Village as provided for herein would be
beneficial to the Village in that such development would increase
the tax base of the Village, would promote the sound planning and
development of the Village, would extend the Village's
jurisdiction over the Territory thereby protecting the Village
from possible undesirable or inharmonious uses and development,
and would otherwise enhance and promote the general welfare of
the Village;
WHEREAS, the parties hereto desire, pursuant to the
applicable provisions of the Illinois Compiled Statutes, 1992,
65 ILCS 5/11-15.1.1 et. seq.) and the Ordinances of the Village,
to enter into an agreement with respect to the annexation of the
Territory and with respect to various other matters related
thereto;
Fa
WHEREAS, the Village acknowledges that the Territory is
less than 2.0 acres and that it is not subject to review by the
North Cook County Soil and Water Conservation District;
WHEREAS, Developer has furnished the Illinois
Department of Conservation, Division of Natural Heritage, with
all necessary information and said Division has determined that
there are no threatened or endangered species or natural areas
located within the vicinity of the Territory;
WHEREAS, the Village has notified the Trustees of the
Roselle Fire Protection District, the Schaumburg Township
Commissioner of Highways and the Trustees of Schaumburg Township
and will file affidavits of such service of notice with the
Recorder of Deeds for Cook County in accordance with applicable
provisions of the Illinois Municipal Code, and will comply with
all other additional requirements of the Illinois Municipal Code;
WHEREAS, public hearings before the Village Plan
Commission relating to the zoning amendments and variations to
the Village's Zoning Ordinance and the granting and amending of
Special Use Permits thereunder, all as requested herein with
respect to the Territory and the Incorporated Property, have been
held pursuant to proper notice on March 30 , 1994,
Dea Plaines Journa
published by the Village in thelBai ly Hera! a newspaper of
general circulation within the Village, and pursuant to notice
given by the Village to surrounding property owners and posted by
Developer as required by the Village's Zoning Ordinance;
fl
WHEREAS, public hearings before the President and Board
of Trustees of the Village with regard to this Agreement have
been held pursuant to proper notice published on June 27 ,
1994, by the Village in the Daily Herald, a newspaper of general
circulation within the Village and pursuant to notice given by
the Village to surrounding property owners and posted by
Developer as required by the Village's Zoning Ordinance;
WHEREAS, the Plan Commission has recommended to the
Corporate Authorities of the Village that the Property be zoned
as hereinafter set forth, that Special Use Permits and Amendments
to Special Use Permits be granted as hereinafter set forth, and
that certain variations to the Village's Zoning ordinance be
granted as hereinafter set forth with respect to the Territory
and the Incorporated Property so both properties can be developed
and operated by Developer as a 180 -Bed Nursing Home and a 56 -Bed
Alzheimer Care Living Facility on the same zoning lot and
subdivision lot;
WHEREAS, Owner has presented to the Village Clerk and
the Corporate Authorities of the Village a duly executed Petition
for Annexation of the Unincorporated Property;
WHEREAS, the Corporate authorities of the Village have
considered the annexation and have determined that the best
interests of the Village will be met if the Territory is annexed
to the Village and the Territory and the Incorporated Property
are zoned and developed in accordance with the provisions of this
Agreement and, by the affirmative vote of at least two -third's of
4
the Corporate Authorities, has approved this Agreement and has
authorized the President and Clerk of the Village to execute this
Agreement.
NOW, THEREFORE, in consideration of the foregoing
preambles which are hereby incorporated into and made a part of
this Agreement and of the mutual covenants hereinafter contained,
the parties mutually agree as follows:
1-4
ANNEXATION/FUTURE COMPLIANCE
The Village, Developer and Owner shall do all things
necessary or appropriate to cause the Territory to be validly
annexed to the Village at the regular meeting of the Board of
Trustees of the Village concurrently with the execution of this
Agreement, including the enactment of such resolutions and
ordinances as may be necessary to cause the Village to comply
with the terms of this Agreement, including the granting of any
Zoning Ordinance amendments or variations, Special Use Permits,
special Use Permit amendments or Subdivision Control Ordinance
amendments or variations to permit Owner to develop the Territory
and the Unincorporated Property in accordance with the terms of
this Agreement.
II
ZONING
In accordance with Article I, above, the Village shall
amend the Comprehensive Plan and Official Map and Zoning Map of
the Village by the adoption of an ordinance classifying and
5
zoning the Territory as A-2 Multiple Family Residential District,
so that the uses shown on the Preliminary Site Plan filed in the
Village Clerk's Office as EXHIBIT D, defined in Section 3.01,
below, may be developed as Permitted Uses thereunder in
accordance with this Agreement.
III
APPROVAL OF DEVELOPMENT PLANS
3.01 The Village hereby approves and Developer hereby
agrees to develop the Territory and the Unincorporated Property
in substantial conformance with the Preliminary Site Plan
(prepared by Manhard Consulting Ltd. [one sheet], with latest
revision date of June 23, 1994) and the Landscape Development
Plan and North Property Line Landscaping Detail (prepared by
Manhard Consulting Ltd. [two sheets], with latest revision date
of June 10, 1994), collectively the "Site Plans," copies of which
are on file with the Village Clerk's Office as EXHIBIT D and
EXHIBIT E, respectively.
3.02 The Territory and the Incorporated Property shall
constitute a one lot subdivision as shown on the Final Plat of
Subdivision for Americana Subdivision (prepared by Manhard
Consulting Ltd. [one sheet], with latest revision date of
January 19, 1994), a copy of which is on file in the Village
Clerk's Office as EXHIBIT F and which is hereby approved by the
Village .
3.03 The Site Plans shall govern the location of
buildings and structures; provided, however, that building
3
locations and total square footage may be adjusted within a five
(5) foot envelope around each building site shown on the Site
Plans so long as applicable building setback lines and floor area
ratios as set forth in the Village Zoning Ordinance are not
violated.
IV
VARIATIONS
4.01 Zonina Ordinance. The Zoning Ordinance of the
Village shall be deemed modified and varied with respect to the
Territory and the Incorporated Property pursuant to public
hearing before the Plan Commission as follows: Article 3.
,Section 3.43. Two principal buildings, namely, a 180 -Bed Nursing
Home and a 56 -Bed Alzheimer Care Living Facility shall be
permitted on the same zoning lot and subdivision lot.
V
DEVELOPMENT OF THE PROPERTY
5.01 Engineering Plans. Upon development of the
Territory and the Incorporated Property, all engineering
improvements on the Territory and Incorporated Property shall be
constructed by Developer in substantial conformance with the
Preliminary Engineering Plan (prepared by Manhard Consulting Ltd.
[one sheet], with latest revision date of June 23, 1994),
covering all streets, street lights, sidewalks, sanitary sewers,
water mains, storm water sewers and storm water detention ponds
(the "Engineering Plans") on file in the Village Clerk's Office
as EXHIBIT 0, which the Village hereby approves.
7
5.02 Applicable Municipal Ordinances. Except as
otherwise specifically provided herein, all land development and
construction on the Territory and the Incorporated Property shall
be in accordance with municipal ordinances and building codes
then in effect in the Village at the time of application for any
permit relating thereto.
5.03 Recapture Agreements/Off-Site Public Improvements
. The Village represents and warrants to Developer and Owner
that (i) there are no rebate or recapture obligations applicable
to the Territory or the Incorporated Property or payable by
Developer or Owner, and (ii) no off-site public improvements in
the nature of sanitary sewer treatment capacity, sanitary sewer
lines, water storage tanks, water lines, storm water lines,
public road improvements, or the like are required to service the
Territory or the Incorporated Property for the uses described
herein.
5.04 Signs. The Developer and Owner shall be
permitted to install signs that conform with the Village's sign
ordinance. Variations for signs that do not conform with the
said ordinance will be considered by the Board of Trustees of the
Village.
VI
6.01 Enforceability. This Agreement shall be
enforceable in any court of competent jurisdiction by any party
hereto by an appropriate action at law or in equity to secure the
0
performance of the covenants, agreements, conditions and
obligations of each party to this Agreement. The parties agree
that an injunction preventing or requiring certain action by any
of the parties under the Agreement may be appropriate and do
hereby consent and agree to the jurisdiction of a court of equity
for such purposes.
6.02 Severability. If any of the covenants, conditions
or terms of this Agreement shall be found void or unenforceable
for whatever reason by any court of law or of equity, then every
other covenant, condition or term hereof shall remain valid and
binding provided in such event the parties shall to the fullest
extent possible modify such void or unenforceable covenant,
condition or term to the extent required to carry out the general
intention of this Agreement and to impart validity to such
covenant, condition or term.
6.03 Notice. Any notice or demand provided for herein
or given pursuant to this Agreement shall be in writing and sent
by United States certified mail, return receipt requested,
postage prepaid, or given by personal delivery to the parties as
follows:
To Village: Village of Elk Grove Village
Attention: Village Manager
901 Wellington Avenue
Elk Grove Village, IL 60007
To Developer: Manor Healthcare Corp.
Attention: David B. Lanning
10750 Columbia Pike
Silver Spring, MD 20901
0
Copy to: Mr. Edward A. Kubis
Manor Healthcare Corp.
10750 Columbia Pike
Silver Spring, MD 20901
Copy to: David E. Zajicek, Esq.
Keck, Mahin & Cate
One Mid America Plaza, Suite 1000
Oakbrook Terrace, IL 60181
To Owner: Cornelius F. Riordan
McNeela & Griffin, Ltd.
175 West Jackson Boulevard
Chicago, IL 60604
or at such other address or addresses as a party may designate
from time to time by like notice to the other. Any notice served
by certified mail shall be deemed given on the second business
day after the day mailed.
6.04 Term. This Agreement shall be valid and binding
for a period of ten (10) years from the date of execution of
this Agreement by the Village.
6.05 Benefits. This Agreement shall be binding
upon and inure to the benefit of the parties hereto, their
successors, assigns or grantees and upon any successor municipal
authorities of the Village and upon any successor municipalities.
6.06 Amendment. This Agreement may be amended
from time to time with the consent of the parties pursuant to the
statute in such cases made and provided. Notwithstanding
anything herein to the contrary, however, the Site Plans and any
portion thereof, including any provision of the Zoning Ordinance
or Subdivision Control Ordinance of the Village, as the same may
apply to the Territory or the Incorporated Property, may be
amended, changed or otherwise modified by Developer and the
10
Village without the necessity of amending this Agreement as
provided above, if said amendment, change or modification is
approved by the Village pursuant to the applicable procedural
requirements provided for such amendment, change or modification
as contained in the Zoning Ordinance and Subdivision Control
Ordinance of the Village, as the case may be.
6.07 General Fees. The Village agrees to charge
the Developer or Owner such building fees, utility connection
fees, tap -on charges, engineering fees, hearing fees, notice fees
and similar fees, as are generally enforced in the Village, and
in accordance with its general ordinances applicable at the date
that the permit fee is applied for and required. In addition,
Municipal Purpose Fund fees of $500.00 per acre amounting to
$950.00 shall be paid to the Village upon annexation.
6.08 Other Fees. The parties agree that in lieu of
public land dedication to the Village equal to ten percent
(10.08) of the area of the Territory to be annexed hereunder,
Developer shall pay the Village upon its execution of this
Agreement, the sum of $31,000, which equals ten percent (10.08)
of the purchase price of the Territory paid by Developer to
Owner.
6.09 Failure of Developer to Acquire Title.
Notwithstanding anything herein to the contrary, if Developer
fails to acquire title to the Territory pursuant to its Contract
For The Purchase of Real Estate with Owner, dated June 30, 1993,
this Annexation Agreement may be declared null and void upon
11
notice to the Village by Developer or by Owner with Developer's
consent.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written
by persons duly authorized.
ATTEST:
Village Cl
ATTEST:
Assistant Secretary
ATTESjCED :
Assistant Secretary
Executed and delivered by the American Midwest Bank, not in
its individual capacity, but solely in the capacity herein described for the
purpose of binding the herein described property, end subject to the ex.
press condition, anylhmp herein to the contrary notwithstandiag. that no
I ereenal liability or responsibility i, assumed by the American Midwest
Lia n k, by virtue hereof, all such personal liability, if any being
c>pressly waived and released by all other parties hereto, and those claiming
Ly, through or under them.
VILLAGE OF ELK GROVE VILLAGE, a
municipal corporation of the County
of Cook, State of Illinois,
B1—' 9 1 -cr
Village re dent
T — - -
MANOR HEALTHCARE CORP.
B
Vice President
AMERICAN MIDWEST BANK & TRUST,
Trustee under Trust Agreement dated
September 15, 1993, known as Trust
Number 6498 as Trustee a not personally.
By: -
Trust fficer
12
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the
County and State aforesaid, DO HEREBY CERTIFY, that
personally known to me to be the _ o President of the VILLAGE OF
ELK GROVE VILLAGE, a municipal corporation of the County of Cook
State of Illinois, and PA1,,;o ,., ,4. >�„.,, r' personally known to me to
be the //,q Clerk of said corporation, 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 such CPresident and )'fig
Clerk, they signed and delivered the said instrument as
President and V/c, Clerk, pursuant to authority, given by
the Board of Trustees of said corporation as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
t Given under my hand and official seal this .2'? day of
1994.
EM” c(SE') n Notary Public
inop Commission expires k 2+" , 19y.f
Sl28A8
STATE OF MARYLAND )
SS.
COUNTY OF 91yxG )
I, the undersigned, a Notary Public, in and for the _
County and State aforesaid, LD E
DO HEREBY CERTIFY, that P E, personally personally known to me to be the �� President of MANOR
HEALTHCARE CORP., a Delaware corporation, and �vei F-, CA
personally known to me to be the �,;, Secretary of said
corporation, 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
such C.e President and 4s,;:sss�secretary, they signed and
delivered the said instrument as CF President andss:sr.r,JC'
Secretary of said corporation, pursuant to authority, gig ven by
the Board of Directors of said corporation as their free and
voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official this A� day of
1994.
Notary Public
Commission expires 3- 'Z3 , 19_L�
.MAW 11. fYNTOV
NOTARY PUBLIC p; 1,'.ARYL^,lap
My Commi :ion Expiry il.Orch i3, 19•J8
STATE OF ILLINOIS
SS
COUNTY OF COOK
The undersigned, a Notary Public in and for said County
and State aforesaid DOES HEREBY CERTIFY that Patricia J. Rossi
Trust Officer of Trust Number 6498
of American Midwest Bank & Trust, Trustee under Trust Agreement
dated September 15, 1993, and Priscilla J. Pearce- Asst. Secretary
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument respectively, appeared
before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary
act and as the free and voluntary act of AmericanMidwest Bank and Trust
as Trustee aforesaid, for the uses and purposes therein set
forth.
Given under my hand and notarial seal, this 15th. day
of August , 19 94 .
V4GFFK;IAI. SEAL' Notary Public
'NEOLIO
ZABETH CORt4!29Commission EXplratlOn:
tary<ifsvf.�i i�II1'3Fi=� �IJd�fi
ANNEXATION AGREEMENT
VILLAGE OF ELK GROVE
and
MANOR HEALTHCARE CORP.
and
AMERICAN MIDWEST BANK & TRUST,
Trustee under Trust Agreement dated
September 15, 1993, known as
Trust Number 6498
EXHIBIT LIST
ATTACHED
A. Legal Description - Incorporated Property
B. Legal Description - Unincorporated Property
ON FILE WITH VILLAGE
C. Plat of Annexation
D. Preliminary Site Plan (1 sheet) - Latest Revision
Date 6/23/94
E. Landscape Plan and North Property Line Landscaping Detail
(2 sheets) - Latest Revision Date 6/10/94
F. Final Plat of Subdivision - Latest Revision Date 1/19/94
G. Preliminary Engineering Plan (1 Sheet) - Latest Revision
Date 6/23/94
EXHIBIT A
INCORPORATED PROPERTY
Lza;, zzSCRCPTT_ON
PARC::. I .
The East 332.7: feet c= the West 995.::. feet (born measured
alone the Soutn 1:ae of Section) o= tae Scurn 4 of the South
West 11 of the Nor --vast : of Secz_on 35,
Townsnip 41 Norm.
Rance 10, East o= the Third Principal Meri ian. exceazzng that
Part cf the Soutn 0.0 feet thereof conveyed to the County of
Cook, Department cf Hi.cnways, by deed recorded Marcy 5, 1987
as Document 87 12 ;349 in Cook County, Zllinozs.
PARC: 2:
The East 331.75 feet (extent the East 155.875 feet thereof)
of tae Soutn � of tae Soutn West ; of tae Nort-" East , of Sect --on
35•=ownsnza 41 Nor---:. Rance 10 a
Sast cr the T.hir. Przaez�al
Ker_aian, exceor" - tae Souter z0.0 feet thereof conveyed to
ttte County of COOK. Jenartment Of 3ionways, by deed recorded
Marcn 5, 1987 as Document 87 12 1349 in Cook County, illinols
EXHIBIT B
UNINCORPORATED PROPERTY
Legal Description
THE NORTH 250.00 FEET (AS MEASURED ALONG THE WEST LINE OF MANOR
CARE SUBDIVISION) OF THE EAST 331.75 FEET OF THE WEST 663.50 FEET
(AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SECTION 35) OF THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE
10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF AND ALONG
LOT 1 IN MANOR CARE SUBDIVISION RECORDED SEPTEMBER 21, 1988, AS
DOCUMENT NO. 88433300, IN COOK COUNTY, ILLINOIS.
P.I.N. 07-35-200-006