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HomeMy WebLinkAboutRESOLUTION - 74-76 - 10/26/1976 - AGRMT/SBL ASSOC & BUTTITTA LAND TRUST RESOLUTION NO. 74-76 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND THE VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE, SBL ASSOCIATES , AND BUTTITTA LAND TRUST BE IT RESOLVED by the President and Board of Trustees that the Village of Elk Grove Village, Counties and Cook and Du Page, Illinois , as follows : Section 1 : That the Village President and Village Clerk are hereby authorized to execute an agreement with SBL Associates and Buttitta Land Trust, a copy of said agreement being attached hereto as Exhibit A and incorporated herein. Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 26th day of October , 1976 . APPROVED this 26th day of October , 1976 . VOTES : AYES : 5 NAYS : 0 ABSENT: 1 APPROVED . VI LAGE PRES,d N' ATTEST : VILLAGE CLEIU fdL- CEIVED OCT 25 1976 VILLArF pose„ n R,,�r• AGREEMENT THIS AGREEMENT made between the VILLAGE OF ELK GROVE, a municipal corporation (hereinafter referred to as the "Village) , SBL ASSOCIATES , a General Partnership, consisting of Anthony A. Bonavolonta, Martin B. Schaeffer and Leo N. Lenaghan (hereinafter referred to as "SBL") , and BUTTITTA LAND TRUST, a General Partner- ship, comprised of Jack Buttitta, Joseph Buttitta, Dominic Buttitta and Seven Buttitta (hereinafter referred to as "Buttitta") , beneficial owner of RIVER FOREST STATE BANK AND TRUST COMPANY Trust No. 1688 established pursuant to Trust Agreement dated November 18, 1970 (hereinafter referred to as the "Trust") made this Z`� day of October, 1976; W I T N E S S E T H: WHEREAS, by Ordinance No. 999 adopted by the Village of Elk Grove on May 6, 1975, certain real estate consisting of 75 acres, more or less, and described in said ordinance (hereinafter referred to as the "real estate") was annexed to the Village pursuant to a certain Annexation Agreement dated May 6, 1975 ; and WHEREAS, said Annexation Agreement was amended on November 12 , 1975 (said Annexation Agreement, as amended, being hereinafter referred to as the "Annexation Agreement") ; and WHEREAS, pursuant to said Annexation Agreement and attached thereto as Exhibit "B" was a certain Plan which governed and controlled, among other things, the zoning of the real estate, the nature of use thereof, and the location of improvements thereon (hereinafter referred to as the "Plan" ) ; and WHEPFAS , the party residing to the North of the real estate has from time to time committed acts of occupation of the northerly 50 feet, more or less, of the real estate so as to cause the Village concern as to any rights such party may have as to such real estate and further so as to cause Buttitta to commence an action of ejectment against such party in Circuit Court of Cook County, Illinois, County Department, Law Division as Cause No. 76 L 13492 ; and WHEREAS , it is the desire of Buttitta and SBL to provide to the Village such security and assurances as the Village may be reasonably entitled so that the Village will continue to comply with the provisions and requirements imposed upon it by the Annexation Agreement in an orderly manner during the pendency of the above-referenced proceedings until a final determination thereof be made on the merits, and the Village is agreeable to so proceed, provided such security and assurances are given as induce- ment for it to act; NOW, THEREFORE, in consideration of the continuation of the Village of its performance under the provisions of the Annexa- tion Agreement and its issuance of such permits as may be necessary for development and approval of such plats as may be presented to it for development as are otherwise proper under the provisions of the Annexation Agreement and the ordinances of the Village which may be applicable thereto, SBL and Buttitta agree as follows : 1. Buttitta shall diligently pursue the ejectment action referred to above which it has brought against the property owner to the North of the real estate and shall promptly notify the Village when a final Order or decision on appeal has been rmadered on such matter, or a settlement has been made thereof. _2_ 2 . SBL and Buttitta agree that if as a final result of any disposition of the proceeding as may be referred to in Paragraph 1 above, a finding is made that any portion of the real estate is vested in the property owner to the North or any conveyance of a portion of such real estate is made to such property owner, Buttitta and SBL agree that the Annexation Agreement and the Plan shall be amended so that the residential area contained therein shall comply with the applicable ordinances of the Village, to such form and substance as if any such property as may beeom� vested in the owner to the North were never included in the original Plan. Such amendment shall include, but shall not be limited to the following requirements : (a) Donations and payment of fees as may be based on an acreage basis ; (b) Dedication or donation of lands to the Village; (c) Density of the residential area; (d) Location of dwelling ,units on the Plan; (e) Location and number of parking spaces ; (f) Location of streets, drives and other improvements as may otherwise be located on the Plan in areas which may become vested in the property owner to the North. Attached to this Agreement as Exhibit "A" is a proposed rendering which is intended to depict an adjustment to be made in such residential area contained in the Plan should the final result of such ejectment proceedings be a vesting of title of the occupation area in question (being approximately 2 acres) in the property owner to the North. It is understood -3- that this exhibit is merely a rendering and is not obligatory on the Village or upon SBL or Buttitta and that reasonable modifications or adjustments thereto shall be made so as to result in a Plan which as nearly as possible is insubstantial accordance with the original Plan attached to the Annexation Agreement. 3. SBL and Buttitta severally agree that in the event any action or claim may hereinafter be brought against the Village by the property owner to the North as a result of any continued performance made by the Village of its requirements or obligations under the Annexation Agreement as it pertains to the occupation area in question, they shall at their own cost and expense defend the Village . in --ny such action and shall further indemnify and hold t?-e Village harmless from any such final judgments as may be entered against it in favor of said property owner to the North as a result thereof. 4. SBL and Buttitta hereby agree that should the same be requested by the Village, a Memorandum of this Agree- 1i ment shall be registered with the Registrar of Titles of i Cook County, Illinois against that portion of the real estate which is zoned as residential pursuant to the Plan except that part which is contained in the Plat for Rohlwing Grove Unit 3 which has been heretofore submitted to the Village I (and is comprised of portions of the real estate which is not included within the occupation area) . The Village agrees i that if such registration has been made, that it shall promptly register such documents as may be necessary to release the same, upon the first to occur of the following: -4- (1) Entry of a final Order or Judgment in favor of Buttitta on the pending action or any appeal taken therefrom and expiration of the statutory period for filing notice of appeal thereafter; or (2) Adoption of the -amendment to the Annexation Agree- ment and the Plan as provided in Paragraph 2 hereof, should the same be required. IN WITNESS WHEREOF, the parties have hereunto executed and deliver this Agreement to the Village of Elk Grove the date and year first above written. THE VIL E OV Elz G) VILLAGE, SBL ASSOCITES 7 BY: C /e,� BY: ^ r � r r � I��• ATTES i': ZI Signed this 26th day of October, 1976 BUTTITTA LAND TR ST BY: -5-