Loading...
HomeMy WebLinkAboutRESOLUTION - 67-79 - 8/28/1979 - AGRMT/EG PARK DIST/FRANK STAPE BUILDER RESOLUTION NO. 67-79 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE ON BEHALF OF THE VILLAGE AN AGREEMENT BETWEEN ELK GROVE PARK DISTRICT, THE VILLAGE OF ELK GROVE VILLAGE AND FRANK R. STAPE, BUILDER, INC. WHEREAS, the Village of Elk Grove Village has entered into an annexation agreement on August 29 , 1978 , by and between the Village and Robert F. Schmidt and Frank R. Stape, Builder, Inc.. , annexing certain property to the Village of Elk Grove Village; and WHEREAS, paragraph 22 of said annexation agreement required the developer to cause the annexed territory to be disannexed from the Schaumburg Park District and annexed to the Elk Grove Park District and to effectuate same the developer agreed to file necessary petitions and if necessary proceed with litigation; and WHEREAS, the developer and the Park District has advised the Village that it would be in the best interest of all parties concerned if the Village would accept in lieu of litigation an alternate means wherein the proposed disannexation could be effectuated, the provisions of which are contained in an agreement between the parties, a copy of which is attached hereto. 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 and Village Clerk are hereby authorized to execute an agreement between the Village, the Elk Grove Park District and Frank R. Stape Builder, Inc. , a copy of which is attached hereto and by this referenced incorporated herein. Section 2 :- That this resolution shall be in full force and effect from and after its passage and approval according to law. VOTES : AYES: 6 NAY$: 0 ABSENT: 0 APPROVED: Village Pres ATTEST: Villa%O Clerk PASSED this 28th day of August , 1979 . APPROVED this 28th —day of August , 1979 . -2- AGREEMENT THIS AGREEMENT, made and entered into this day of , 1979, by and between ELK GROVE PARK DISTRICT, Elk Grove Village, Illinois, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the District" ) , the VILLAGE OF ELK GROVE VILLAGE , a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the Village" ) , and FRANK R. STAPE BUILDER, INC . , an Illinois corporation (hereinafter referred to as "the Developer" ) , W I T N E S S E T H : WHEREAS , the Village and Developer are parties to an Annexation Agreement dated August 29 , 1978 , a true and correct copy of which is attached hereto as Exhibit A (hereinafter referred to as "Annexation Agreement" ) ; and WHEREAS , certain real estate, the legal description of which is set forth on Exhibit B attached hereto, made a part hereof and incorporated herein by reference (which real estate contains approximately one hundred twenty [120] acres and is hereinafter referred to as "the Subject Property" ) has been annexed to and become a part of the Village, in accordance with the provisions of the Annexation Agreement; and WHEREAS , the District is a third party beneficiary of and under the Annexation Agreement, by virtue of Section 22 thereof which imposes upon the Developer an obligation to cause the Subject Property to be disannexed from the Schaumburg Park District and annexed to the District; and -2- WHEREAS , pursuant to and in accordance with the provisions of the Annexation Agreement the Developer caused to be filed with the Schaumburg Park District, on or about March 30 , 1979, a Petition for Disannexation, which said petition was denied by Schaumburg Park District on or about April 12, 1979; and WHEREAS , the Developer , at the request of the District, and with the consent of the Village (which consent is evidenced by the execution of this Agreement by the Village) is willing to be released and discharged from any and all further obliga- tions which it has or may have under and by virtue of the provisions of Section 22 of the Annexation Agreement, for and in consideration of the payment by the Developer to the District of the sum of FIVE THOUSAND DOLLARS ( $5 ,000 ) simuitaneous with the execution hereof. NOW, THEREFORE , IT IS AGREED, for and in consideration of the premises and the payment by the Developer to the District of the sum of FIVE THOUSAND DOLLARS ( $5 ,000 ) , that the Developer be and the same hereby is released, discharged and acquitted from any and all further obligations which it has or may have under and by virtue of the provisions of Section 22 of the Annexation Agreement. The parties hereto represent and warrant that all necessary corporate action required to constitute the execution of this Agreement a duly authorized act of each such corporation, binding and enforceable in accordance with its terms, has been taken. IN wi,rNESS WHEREOF, the parties hereto have set their hands and seals this day of -0 -3- 1979 , effective the date hereof. ELK GROVE PARK DISTRICT 499 Biesterfield Road Elk Grove Village, Illinois "D rict'. ATTEST: Its Pres�dent Sec retary (Corporate Seal ) VILLAGE OF ELK GROVE VILLAGE ATTEST: "Village" By : I s Village Cldrk (Corporate Seal ) FRANK R. STAPE BUILDER, INC . , an Illinois corporation ATTEST: "Developer" By: Its President Secretary (Corporate Seal ) REC[1V1_-7b AUG 4 1978 IMM M_=W3 OMCE ANNEXATION AG=12,Tf THIS AGREEMENT, made and entered into this 29th day of August 1978 by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corpora- tion organized and existing* under and by virtue of the laws of the State of Illinois (hereinafter referred to as "the VILLAGE") by and through its President and Board of Trustees (hereinafter referred to collectively as "the Corporate Authorities"), and ROBERT F. SCHMIDT and FRANK R. STAPE BUILDER, INC. , an Illinois corporation (hereinafter referred to as "the OWNERS'f) WITNESSETH: WHEREAS, ROBERT F. SCH111ILYf is the owner of record of certain real estate, the legal description of which is set forth on Exhibit "Alf, attached hereto,-made a part hereof. and incorporated herein by reference (which real estate contains approximately one hundred twenty (120) acres and is hereinafter referred to as "the Subject Property") and which real estate adjoins, abuts and is contiguous to corporate limits of the Village of Elk Grove Village, Illinois; and WHEREAS, ROBERT F. SCHMIDT has entered into a certain contract dated the 19th day of August, 1977 to sell the Subject Property to FRANK R. STAPE BUILDER, INC.; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the VILLAGE OF ELK GROVE VILLAGE, Illinois, as provided in Article 7 of the Illinois Municipal Code (Illinois Revised Statutes, 1973, Chapter 24); and WHEREAS, the OWNERS desire to have the Subject Property annexed to the Village of Elk Grove Village, Illinois, upon certain terms and conditions hereinafter set forth; and ,^w orriccs ANOS.HARRIS i REEDMAN ICAGO 60.02 3.6-1310 WHEREAS, the Corporate Authorities, after due and careful considera- tion, have concluded that the annexation of the subject property to the VILLAGE would further the orderly growth of the VILLAGE, enable the VILLAGE to control the development of the area, and serve the best interest of the VILLAGE; and WHEREAS, pursuant to the provisions of Illinois Revised Statutes, 1973, Chapter 24, Section 11-15.1-1, et seq. ,, a proposed annexation agreement in substance and form the same as this Agreement was submitted to the Corporate Authorities and a public hearing held thereon pursuant to notice, as provided by statute; and WHEREAS, any fire protection district, library district or other entity or person entitled to notice prior to annexation of the Subject Prop6rty have been given notice as is required by law. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY MUTUALLY AGREED by and between the undersigned as follows: 1. STA=RY AUIHORITY. This Agreement is made pursuant to and in accordance with the provisions of Illinois Revised Statutes, 1973, Chapter 24, Section 11-15.1-1, et seq. 2. PETITION FOR ANNEXATION. The OWNTM of record have filed with the Village Clerk a proper petition for the annexation of the Subject Property to the VILLAGE OF ELK GROVE VILLAGE, Illinois, conditioned upon the terms and provisions of this Agreement. Tb�e OWNERS have paid all appropriate fees and deposits. 3. ANNEXATION ORDINANCE. The Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing t he Subject Property to the VILLAGE. 4. ZONING, PER OFFICIAL MAP. The Subject Property, pursuant to Section 2.4 of the Zoning Ordinance of the VILLAGE, shall upon annexation be classified automatically as R-3 Residential District, which Is the zoning classification ascribed to the Subject Property upon the official nap of the VILLAGE. It is understood and agreed that no petition or public hearing or other action need be taken by or on behalf of OWNERS ,�w arriccs i. ANDS,HAPRIS & ?'RCCDMAN 4.1 S.1WG'0K ST. 41C-CO 60002 to obtain said R-3 zoning classification, once the Subject Property is annexed to the VILLAGE. It is further understood and agreed that the effective date of said annexation shall be the date upon which the annexation ordinance is passed and approved by the Corporate Authoritles. 5. D014ATION OF LAND. The OWNERS agree to donate 11.9 acres of land, exclusive of streets, easements and water courses and wet or dry retention basins, to the VILLAGE for the use as Public Land. In addition, the DWERS agree to donate to the VILLAGE approximately 6.0 acres for dry retention. The 6.0 acres for retention and the 11.9 acres that will be donated to the VILLAGE are indicated on the attached Site Plan. The 11.9 acres of Public Land and said 6.0 acres of dry retention must be graded and seeded by the OWNERS. A proper deed, duly executed, and a Plat of Survey for the above property must be delivered to the VILLAGE concurrently with the URT-,RIS delivery of a two year maintenance bond as required in Paragraph 21 of this Agreement. 6. PAYMENT TO FUND. The OWNERS agree to pay the VILLAGE the sum of $61,082.00 for use in connection with the VILLAGE'S Traffic Signal and Municipal Purpose Fund. Said sun shall be paid as follows: $15,270-50 upon annexation and $15,270.50 annually thereafter until said full sum is paid., 7. APPROVAL OF SUBDIVISIO14 PLAT AND =R ACTIONS BY VILLAGE. Upon the annexation of the Subject Property as aforesaid, the VILLAGE shall approve, accept and record a Final Plat of Subdivision covering the entire 120 acre parcel, and the Plat shall be prepared by the OWNERS in compliance with the VILLAGE'S Subdivision Control Ordinance. Said Plat shall be substantially in accordance with the preliminary Plat attached hereto as Exhibit "B" made a part hereof and incorporated herein by reference. B. WATER. For the purpose of providing water to the Subject Property and the buildings to be located thereon, the OWNERS shall be permitted to connect to the existing VILLAGE water mains located at the northeast and southeast corners of the Subject Property. 04NERS shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's water system. The OWNERS shall also pay all appropriate utility connection fees, tap on charges and similar L^W GrrICCS 4.ANOS. HARRIS FREEDMAN fees as are generally enforced in the VILLAGE. ST. HICA�O 60607 Z.S.8390 -3- SANITARY SEIVER. Me 014= will provide sanitary sewer service to the Subject Property and the buildinps to be constructed thereon, by connection into the existing Centex lift station located along Nerge Road approximately 1,150 feet west of Meacham Road. The VILLAGE agrees that the Centex lift station, force main and trunk sewer to the Metropolitan Sanitary District treatment plant at Upper Salt Creek Is adequate to accomodate the needs of the Subject Property now and when fully developed. CWNTRS shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's sanitary sewer system. 10. ORDINANCES TO ATPLY. The VILLAGE reserves the right to amend its Zoning and Subdivision Ordinance, its Building Code and other Ordinances affecting the development of the Subject Property at any time as my be reasonably necessary for the protection of the public health, welfare and safety, by general Ordinance Amendments applicable to the development of ' all property in the VILLAGE, but no such Ordinance shall be discriminatory in its effect upon the development of the Subject Property. The VILLAGE agrees that for a period of ten (10) years from the date of execution of this Agreement, it will not amend its Zoning Ordinance or other ordinances in such a manner as prohibit the use of the Subject Property as contem- plated by this Agreement in the manner set forth in this Agreement. It is specifically agreed that the fees required for building perTnits, plan review, inspection fees and any other regulatory fees or other fees or charges having to do with the construction and development of the Subject Property, shall not be increased for a period of ten (10) years as applied to the Subject Property, except as part of an overall increase in such fees which affects the development of all property in the Village, adopted to met the increased cost to the Village of providing such services. -4- �AW orricts ANDS. HARRIS FREEDMAN .�ASNI.CTON ST. ICACO 60602 346-1390 11. DEVELOPMJT IN GENERAL CONFORMITY WITH PRELDvIINARY PLAT OF SUBDIVISION. The OWNERS shall cause the Subject Property to be improved in general conformity with the preliminary plat of subdivision. The final plat of subdivision and supporting documents shall meet the Subdivision Control Ordinance of the VILLAGE, except as otherwise provided herein and as necessarily modified to solve engineering layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement. Any engineering change must be approved by the Village Engineer. 12. MAX= RATE OF CONSTRUCTION OF DWELLING UNITS. Notwithstanding anything in this Agreement to the contrary, it Is understood and agreed that OWNERS shall be limited to a maximum of one hundred and th t 5) single family dwelling units completed and occupied in ea �3 c 7 -T' In 4 R cr4 month period beginning the day of 606"8- --3 197 ent that OWNERS do not complete said maximum of one hundred and thirty five (135) dwelling units in any such twelve (12) month period, OWNERS shall have the right to accumulate any unused portion of said one hundred and thirty five (135) units and add them to the maximum number of completed units OWNERS my choose to complete in any succeeding twelve (12) month period. It is further understood and agreed that the limitations of completed and occupied dwelling units contained in this paragraph shall apply only for that period of time during which the VILLAGE in its judgement determines from time to time that a critical water shortage exists in the VILLAGE and that it must restrict the use and occupancy 0I I&W u � 'L I units within the VILLAGE in order to preserve a reasonable amount terf .,.f-IF A /-?)'JX9CA4 4, supply to dwelling units existing on the 4"6' day of 197f. When any such critical water supply shortage shall cease, the limitations of this paragraph shall be considered suspended and of no force and effect, until and unless the VILLAGE in its judgement again determines the existence of another critical water supply shortage, at which time the provision of this paragraph shall again become effective. LAW OFFICES ASK,ANOS,HARMS & FREEDMAN -5- �7 W.WASHINGTON ST. CHICAQO 60502 346-1390 7,1 - The VILLAGE agrees that it will not issue building permits, issue occupancy certificates or otherwise approve the construction of any wre residential dwelling units for any other property after the execution of this Agreement which would have the effect of lessening the existing or then current VILLAGE water supply to the point where the OWNERS' units already under construction, completed or permitted by vir-tue of this Paragraph, the intention being that an adequate water supply to the Subject Property and the units to be constructed thereon will be protected by the VILLAGE against future development just as the provisions of this Paragraph seek to protect water supply to existing residences with the VILLAGE. 13. PM,1IT FEES. The VILLAGE aexees to issue permits and to charge the OWNERS such building fees, utility connection fees, tap-on charges 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. 14 . STOP ORDERS. TI-)-- Village will issue no stop order directing work stoppage in the building or parts of the project without detailing the section of the Village Code or portion thereof of this Agreement of the Plan violated by the OWNERS. 15 . CERTIFICATE OF OCCUPANCY. 7he VILLAGE agrees to issue certifi- cates of occupancy within 15 days of application or issue a letter of denial informing the OWNERS as to what sections of the Code relied upon by the VILLAGE in its request for correction. 16. RECAP11TE AGREz-oirs wiTH aojms. In the event that the OWNERS are required to extend or oversize any water main, sewer or other public improvement beyond that which is required to serve their parcel only, and which extension or oversizing will serve properties not within the VILLAGE other than the parcel of the OWNERS, the VILLAGE agrees to enter into a recapture agreement with the 0100�S wherein that portion of the cost of said public improvement not attributable solely to the OWNERS' parcel would be recoverable by said OWNERS from such other properties benefited over a period not to exceed ten (10) years, and wherein the VILTArE would agree to require payment of such proportionate share by each such .AW OrriCts property owner as a condition of annexation and payable prior to making ANGS,HARRIS FRECDMAN the first connection to such public inprovements. WAS.MCID. ST. JCAGD S0602 246-1310 17- RIGHT OF DISCONNECTION AS A ROEU1. The parties agree that the remedies available to the OWNERS, for damages, in the event of a breach of this P4g. �een-ent by the VILLAGE ar,e inadequate, and that the OWNERS shall have (in addition to all other rights and remedies including damages), the right to disconnect the Subject Property, or any portion thereof, from the VILLAGE. Upon such petition for disconnection, the VILLAGE shall enact such ordinances as may be required to effectuate such disconnection. 18. EFFECTIVE TEFX.. Mis Agreement shall be effective for a terTn of ten (10) years from the date of its execution. However, it is afxeed that in the event thit the annexation of uiy of the Subject Property or any of the terms of this AUeement are challenged in any Court proceeding, the period of time during which such litigation is pending shall not be included in calculating said ten (10) year tenn. . 19. BINDING E17FECT. This Agreement shall bind heirs and successors and assigns of the 04NERS, the VILLAGE, its Corporate-Authorities, successors in office, and be enforceable by order of Court pursuant to the provisions of the statutes made and provided. Nothing herein shall in ahy way prevent alienation or sale of the Subject Property or portion thereof except that said sale shall be subject to the provisions hereof and of the Zoning Ordinance of the VILLAGE OF ELK MOVE VILLAGE and the new OWERS shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 20. SEPARABILITY. It is understood that in the event any provisions of this Agreement shall be deemed invalid, then the invalidity of said provision shall not affect the validity of any other pmvisions hereof. 21. PUBLIC DIPROVE14MS - SECURMY. At the time such public improvements are installed and approved by the Village Engineer, the owmm shall cause a Bill of Sale, one set of mylar as-built engineering plans, and a two year maintenance bond to issue to the Village prior to the forTnal. acceptance of said improvements by the President and Board of Trustees for penranent maintenance by the Village. LAW orriccs 1,ANOS.HARRIS A FREEOMAN I..ASMINGTOM St. 41CACO 80607 349-1390 %r The Owner shall be required to give the Village security for the installation of all public improvements, publicly owned and maintained, such security to be in the form of bonds, or cash escrow deposits or such other security which may be deemed by the Village Attorney or the Village Manager to be satisfactory, including but not limited to an irrevocable letter of credit drawn on a Chicago area bank with assets in excess of $10 Million Dollars, such letter being effective for the length of time required to complete such improvements and certifying that adequate funds will remain available in a form to allow the Village to procure the funds Irrevocably connitted to complete the required public improvements and construction, if said improvements shall be in default for a period of sixty (60) days after written notice thereof by the Village to the Owner. 1he security given shall, at all times, be equal to the original estimated cost of the improvements being constructed in the development. Nothing in this Agreement shall be construed as restricting FRANK R. STAPE BUIIDER, TNC. Is option, if it so desires, to undertake installation of its public Improvements in three stages. If FRANK R. STAPE BUILDER, INC. so elects, it may satisfy the provisions of this Paragraph 21 by furnishing the required security for each stage prior to undertaking construction thereof. The Village Engineer must approve the designation of the areas with respect to each separate stage of development including the initial streets and public utilities which will be included in each stage,. After completion of the third stage of development, FjnjK R. STAPE BUILDER, INC. shall provide a two (2) year maintenance bond for all public improvements including the first, second and third stages of develop- ment. Storm detention facilities must be designed and constructed to handle all the runoff within each respective drainage basin, according to the complete development plan illustrated on the attached preliminary site plan, regardless of any approved stage development plan. LAW orriccs 4.ANOS. HARRIS FREEDMAN 41CAGO 60602 M46.1310 ISANIEMTION FROM SCHAUM3URG PAM DISTRICT. The Subject Property is presently within the jurisdiction of the Schaumburg Park District. The developer agrees to cause said property to be disannexed from the SchaLnburg Park District and annexed to the Elk Grove Park District and to effectuate same, the developer allees as follows: (a) To cause the filing of all necessary petitions and/or documents required for the disarinexation of the Subject Property from the Schaumburg Park District and the annexation to Elk Grove Park District within 60 days of the annexation. (b) Should such disannexation be contested by the Schaumburg Park District, the OWNER will pursue such steps as are necessary, including legal action at the OWNERS' expense, to accomplish such disarLnexation. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ' AM day of CL uc��- , 1978 the same beiiig done after public hearing, notice and statutory requirements having been fulfilled. Robert F. S�hmidt FRPJ4K R. STAPE BUILDER, INC. , an Illinois corporation By: - 4� ATTEST: Its Presideat (�-�-1 f 41 Secrl6tary VILLAGE ,,IPF ELK GR VI GE By:-e,�V, 2/1 ATTEST: —4--4 illage Clery LAW arriccs .H.ANDS. HARRIS & FRECOMAN -9- :HICAGO 90602 EMIK,7 11 The Nort*n—st- miarter of S�ction -)5, To�-,,nship 41 North, Ranze 10, East of th--e Third Principal I!eridinn (except the !.'Orth ��lP of the North,,-Iest quarter of the Northeast quarter and the South half of the Southwest quarter of said Nort-heast quarter of S--ctio.-i 35 a-foresaid) in Cool: Coxity, Illinois.