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HomeMy WebLinkAboutRESOLUTION - 68-79 - 9/11/1979 - COMMUNITY DEV ACT/EXCLUD DUPAGE CTY RESOLUTION NO. 68-79 A RESOLUTION EXCLUDING THE POPULATION OF THE VILLAGE OF ELK GROVE VILLAGE FROM THAT OF THE COUNTY OF DUPAGE FOR PURPOSES OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT WHEREAS, the Congress of the United States has passed into lAw the Housing and Community Development Act of 1974; and WHEREAS, in order for DuPage County to be eligible to receive funds through designation as an urban county it must represent a population of 200,000 or more; and WHEREAS, to obtain this minimum population counties may assume the population of municipalities located within their bourdaries which do not exclude their respective population; and WHEREAS, the Housirig and Community Development Act provides that a municipality not desiring to have its population included in that to be credited an urban county for use in the formula fo'r determining the amount of HUD funds available for use by the County; and WHEREAS, the Village of Elk Grove Village desires to withhold its population of 25,303 from that to be credited the county of DuPage. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the Village of Elk Grove Village desires not to join the County of DuPage in participating in housing and community development activities unaer the Housing and Community Development Act of 1974, and thus excludes its population from calculations of funds available to DuPage County under the provisions of said Act. PASSED this . lith day of Sep-tember 1979, APPROVED this 11th day of September 1979 ATTEST: Village P id n Vil lage' Clerk/ AGREEMENT THIS AGREEMENT, made and entered into this day of 1 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 [1201 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 Sect-ion 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 ) simultaneous 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 WITNESS WHEREOF, the parties hereto have set their hands and seals this day of -3- 1979 , effective the date hereof. ELK GROVE PARK DISTRICT 499 Biesterfield Road Elk Grove Village, Illinois "D rict" A TTEST - Its Preg--�dent c retary (Corporate Seal ) VILLAGE OF ELK GROVE VILLAGE ATTEST: "Village" X By, Village Cldrk (Corporate Seal ) FRANK R. STAPE BUILDER, INC . , an Illinois corporation ATTESr: "Developer" By: its President Secretary (Corporate Seal ) RECEIVIED 'AUG 4 1-978 NRIW MFUWS ME AN14EXATION AG=24T THIS AGREEMENT, made and entered into this 29th day of August 1978 by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal cor-pora- 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. SCH[4= and FRAJ4K R. STAPE BUILDER, INC., an Illinois corporation (hereinafter referred to as "tlye- OWITHS9 W I T N E S S E T H: WHEREAS, ROBERT F. SCMIDT is the owner of record of certain real estate, the legal description of which is set forth on Exhibit "A". attached hereto,. rrade a part hereofand 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. SCINIDT has entered into a certain contract dated the 19th day of August, 1977 to sell the Subject Property to FRA14K 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 Mmicipal Code (Illinois Revised Statutes, 1973, Chapter 24); and WHEREAS, the MERS desire to have the Subject Property annexed to the Village of Elk Grove Village, Illinois, upon certain terms and conditions hereinafter set forth; and ANOS. HARRIS i REEDMAN WASMIUCTON 57. ICAGG S0602 3.6.1390 WIEREAS, the Corporate Authorities, after due and careful considera- tion, have concluded that tYke annexation of the subject property to the VILLAGE would further the orderly r;rowth of the VILLAGE, enable the VILJ_AGE 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 AUeen-rent 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 arinexation of the Subject Prop�rty 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 MLMJALLY AGREED by and between the undersiMed as follows: 1. STA=RY AUTHORM. 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 OWNERS 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 terTns and provisions of this Agreement. TT�e OWNERS have paid all appropriate fees and deposits. 3. A141IMT1014 ORDINANCE. 7be Corporate Authorities, upon the execution of this Agreement, shall enact an ordinance annexing the Subject Pmperty 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 automtically as R-3 Residential District, which is the zoning classification ascribed to the Subject Property upon the official map 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 LAW arrices 1. ANDS,HARRIS S VREEDMAN 4.1 �S...Gra. 4IC-GO 60602 to obta-in sa-id R-3 zoning classification, once the Subject Property is annexed to the VILLAGE. It is fWther 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 AuthoritJes. 5. DONATION OF LAND. 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 OVP1XM 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 OWNER'S delivery of a two year maintenance bond as required in Paragraph 21 of this Agreement. 6. PAYPENT TO FUND. The OWNERS agree to pay the VILLAGE the sum of $61,082.00 for use in connection with the VILLAGE'S T�-affic Signal and Municipal Purpose Fund. Said sum 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 OTHER 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 preliminar-y Plat attached hereto as Exhibit "B" made a part hereof and incorporated herein by reference. 8. 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. OWNERS shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's water system. The 94NERS shall also pa,y all appropriate utility connection fees, tap on charges and similar L.� orriccs 4.ANOS. HARRIS & FRECOMAN fees as are gener-ally enforced in the VILLAGE. I.WASHINGTON ST. HICAGO 90602 -3- SPNITARY SEWER.- The OWNERS 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 Meacl= Road. The VILLAGE agrees that the Centex lift station, force min and trunk sewer to the FL-tropolitan Sanitary District treatment plant at Upper Salt Creek is adequate to accomodate the needs of the Subject Property now and when fully developed. W�TERS shall provide the VILLAGE with written receipt or approval from Centex to connect to the Centex's ,sanitary sewer system. 10. ORDINA14CFS TO APPLY. 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 aE.Teed that the fees required for building permits, 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 a-ffects the development of all property in the. Village, adopted to met the increased cost to the Village of providing such services. LAW OrrICES ANOS. HARRIS FREEDMAN .WASHINGTON ST. ICAGO S0602 346-t350 11. DEVELOPMJT IN GENERAL CONFORMITY WITH PRELIMINARY PLAT OF SUBDIVISION. The OWNERS shall cause the Subject Property to be improved in general conformity with the preliminary plat of subdivision. 'Me final plat of subdivision and supporting documents shall meet thee Subdivision Control Ordinance of the VILLAGE, except as otherwise provided herein and as necessarily modified to solve engineering layout and/or design problems riot 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 /'r k A c 7 month period beginning the -44 day of 1 97 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 may 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 of new dw ll�ng units within the VILLAGE in order to preserve a reasonable amount ter ;4-1 J, /77 ecli 4�) supply to dwelling units existing on the day of 14 1971f. 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 OFrICCS ASH,ANOS, HARRIS & FREEOMAN -5- IT. CHICAGO 60602 34G-1390 The VILLAGE agrees that it will not issue building permits, issue occupancy certificates or otherwise approve the construction of any more 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 virtue 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. PM1IT The VILLAGE agxens to issue permits and to charge the OWNERS such building fees, utility connection fees, tap-on charges and similar fees, as ar e generally enforced in the Village, and in accordance with its general ordinances applicable at the date that the per7TIit fee is applied for, and required. 14 . STOP ORDERS. TT)e 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 Apxeement of the Plan violated by the OWNERS. 35 . CERrIFICATE OF OCCUPANCY. The 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. RECAP`=. AGREE-Tim wini aoims. 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 aFrees to enter into a recapture agreement with the MMM 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 VILLAGE would agree to require payment of such proportionate share by each such property owner as a condition of annexation and payable prior to making ANOS.HARRIS FREEDMAN the first connection to such public inprovements. ST. ICAGO 60602 -6- 17. RIGHT OF DISCON1\1EMON AS A PTI-IDY. The parties agree that the remedies available to the OWNERS, for damapes, in the event of a breach of this Agreement by the VILLAGE are inadequate, and that the OWINEM 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 rray be required to effectu7�te such disconnection. 18. EFFEC= TT-ds Agreement shall be effective for a term of ten (10) years from the date of its execution. However, it is agreed that In the event tMt the annexation of tny of the Subject Property or any of the terms of this Agreerrent are challenged in aiiy Court proceeding, the period of time during which such litigation is pending shall not be included in calculating said ten (10) year terTn. 19. BINDIM I=T. This Agreement shall bind heirs and successors and assigns of the CkOERS, 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 ar�y 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 OM4ERS 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 provisions hereof. 21. PUBLIC DIPROVF14MS - SECURITY. At the time such public improvements are installed and approved by the Village Engineer, the OwNER 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 forrial acceptance of said improvements by the President and Board of Trustees for perTranent maintenance by the Village. LAW arraccs 1.ANOS, HARMS FR[EDMkN 111A11 '.6-1390 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 i=evocable letter of credit dr-awn 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 committed 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 VillaFe to the Owner. The 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 EUILDER, INC. 's 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 furTUshing 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, F]ZA11K 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- went. 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 theattached preliminary site plan, regardless of any approved stage development plan. LAW orricEs 1,ANOS, HARRIS ; FREEDMAN I.WASHINGTON ST. ,,,.GO 60602 IISPJ114FYATION FRU4 SC11AUTU3URG PARK DISMICT. 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 Schaumburg 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 docupients required for the disannexation 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 disarnexation be contested by the Schaumburg Park District, the OWNER will pursue such steps as are necessary, including legal action at the CWNERS' expense, to accomplish such disannexation. IN WITNESS W1EREOF, the parties hereto have set their hands and seals this �-`) day of CL uc�- , 1978 the same beijig done after public hearing, notice and statutory requirements having been fulfilled. Robert F. S� FRJkNK R. STAPE BUILDER, INC. , an Illinois corporation By: ATTEST: Its President Q--:�.1 f 4z Secrldtary VILLAGWF ELK ORQUE VI GE By, ATTEST: LAW OrrICES M,ANDS,HARMS & FREEDMAN -9- w/.WASHINGTON %T- .11CAGO 60602 The Nort--_�s� o_iarter of S_�cticn '5, To-.ziShlp 41 North Ranze 10, East of the Third Rrin�:ipal Peridixi (exceW.- the North half of the U I North-..iest quarter of the Northeast quarter and the South ha-If of the Southwe3t quarter of saild Northeast qua ter of Section 35 aforesaid) in Cool: County, Illinois.