Loading...
HomeMy WebLinkAboutRESOLUTION - 41-91 - 8/27/1991 - ANNEX. AGRMT/KUNAS FARMRESOLUTION NO. 41-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GAIL WHITEHEAD, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF CARL KUNAS AND HAMILTON PARTNERS RETAIL DIVISION NO. 1, INC. WHEREAS, on July 30, 1991 a public hearing was held pursuant to Chapter 24, Section 11-15.1-1 et seq. of the Illinois Revised Statutes to consider the approval of an Annexation Agreement bet- ween the Village of Elk Grove Village and Gail Whitehead, Indepen- dent Administrator of the Estate of Carl Kunas and Hamilton Part- ners Retail Division No. 1, Inc.; 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 Gail Whitehead, Independent Administrator of the Estate of Carl Kunas and Hamilton Partners Retail Division No. 1, Inc. be approved. NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove, 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 Gail Whitehead, Independent Administrator of the Estate of Carl Kunas and Hamilton Partners Retail Division No. 1, Inc., a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said docu- ments 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: * 6 NAYS: ** 1 ABSENT: 0 PASSED this 27th day of August 1991. APPROVED this 27th day of August 1991. * AYES: President Zettek, Trustees Bosslet, Chernick, Czarnik, Gallitano, Tosto ** NAYS: Petri -2- ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this 27th day of August , 19 91 , by and between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation (hereinafter referred to as "ELK GROVE VILLAGE") and Gail Whitehead, Independent Administrator of Estate of Carl Kunas and Hamilton Partners Retail Division No. 1. Inc. (hereinafter collectively referred to as "OWNER" or "OWNERS"): WITNESSETH• WHEREAS, OWNERS hold legal and equitable title to the property legally described on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter sometimes referred to as the "SUBJECT REALTY"); and WHEREAS, the SUBJECT REALTY consists of approximately 26.68 acres, is presently situated within the unincorporated areas of the County of Cook and is adjacent and contiguous to the corporate boundaries of Elk Grove Village; and, WHEREAS, the SUBJECT REALTY is presently unimproved and no electors reside thereon; and, WHEREAS, the OWNERS residing on the SUBJECT REALTY are desirous of annexing the SUBJECT REALTY to the Village of Elk Grove Village pursuant to the terms and conditions hereinafter set forth; and WHEREAS, a Petition for Annexation has been filed with ELK GROVE VILLAGE pursuant to Chapter 24, Section 7-1-8, Illinois Revised Statutes, 1989, as amended, which is incorporated herein; said Petition covers the SUBJECT REALTY, which Petition is conditioned upon the execution of this Agreement; and, WHEREAS, the annexation of the SUBJECT REALTY shall extend the corporate limits of the Village of Elk Grove Village to the far side of each adjacent highway not heretofore annexed to any other municipality; and, WHEREAS, it is the desire of ELK GROVE VILLAGE and the OWNERS that the use and further development of the SUBJECT REALTY proceed as soon as practicable subject to this Agreement and all other ordinances and codes of Elk Grove Village, except as the same maybe modified herein; and WHEREAS, the parties desire to enter into an Agreement with respect to the annexation of the SUBJECT REALTY and various other matters pursuant to Chapter 24, Section 11-15.1 et seq., Illinois Revised Statutes, 1989, as amended; and WHEREAS, all public hearings, as required by law, have been held by the corporate authorities of Elk Grove Village and the Plan Commission of Elk Grove Village upon the matters covered by this Agreement; and, WHEREAS, the corporate authorities of Elk Grove Village, after due and careful consideration, have concluded that the annexation and development of the SUBJECT REALTY, upon the terms and conditions hereinafter set forth, would further the growth of the Village of Elk Grove Village and enable Elk Grove Village to control the development of the area and serve the best interests of Elk Grove Village; and, F NOW, THEREFORE, in consideration of the foregoing premises and in further consideration of the mutual covenants, conditions and agreements herein contained, the parties hereto agree as follows: 1. ANNEXATION ORDINANCE. Subject to the provisions of Chapter 24, Section 7-1-8, Illinois Revised Statutes, 1989, as amended the parties respectively agree to do all things necessary or appropriate to cause the SUBJECT REALTY to be duly and validly annexed to the Village of Elk Grove Village within thirty (30) days after the execution of this Agreement. 2. REZONING. The Village hereby agrees, upon annexation, to rezone Parcel 1 of the SUBJECT REALTY (as shown on the Plat of Subdivision as discussed below) from R-3 to B-3 Automotive Oriented Business District, and Parcels 2 and 3 of the SUBJECT REALTY (also as shown on the Plat of Subdivision) from R-3 to B-2 General Business District. It is further agreed that all public hearings required to effectuate the rezoning have been held. Such rezoning is conditioned upon all parcels being constructed substantially in accordance with the approved site plan prepared by Wilson/Jenkins dated 8/29/91 , 1991 within 2 years from the date of the Resolution approving this Agreement. Upon expiration of such 2 year period, any undeveloped portion of the SUBJECT REALTY, excepting those portions having previously received building permits, shall revert back to its original zoning unless an 3 extension of time is granted by the President and Board of Trustees of the Village. 3. DEVELOPMENT IN ACCORDANCE WITH SITE PLAN. The OWNER agrees to fully develop the SUBJECT REALTY substantially in accordance with the final Site Plan prepared by Wilson/Jenkins dated 8/29/91 , 1991 on file in the Village Clerk's Office. - 4. RELIEF FROM ZONING - SUBDIVISION CONTROL ORDINANCE. Upon annexation, the Village agrees to grant the following variations from the Elk Grove Village Zoning ordinance as were recommended by the Plan Commission subsequent to a Public Hearing: 1. Variance from Section 5.53 of the Elk Grove Village Zoning Ordinance reducing the required setback from the boundary of a residential district from 75 feet to 50 feet along the North border of the SUBJECT REALTY. 2. Variance from Section 3.9 of the Elk Grove Village Zoning Ordinance such that the required minimum number of parking spaces for Parcels 2 and 3 of the SUBJECT REALTY shall be 5.5 spaces per 1,000 square feet of gross leasable area, regardless of use. 3. Variance from Chapter 11A.204(2a) of the Municipal Code of the Village of Elk Grove Village reducing the required boundary landscape area at the Meacham Road main entrance from 10 feet to 8 feet. 4 5. APPLICABLE MUNICIPAL ORDINANCES. Except as otherwise specifically provided herein, all applications for rezoning, subdivision, special use permits for planned unit developments, building or site improvement permits or other governmental approval or relief shall be processed and subject to the ordinances of Elk Grove Village generally in force within said Village at the time of said application. 6. BUILDING CODE. The Building Code of Elk Grove Village, as the same may from time to time be amended and modified and enforced throughout the Village, shall apply to the SUBJECT REALTY, and all construction thereon shall be in conformance with said Code. 7. PLAT OF SUBDIVISION. Attached hereto as Exhibit "B" is a preliminary Plat of Subdivision for the SUBJECT REALTY. The parties respectively agree to do all things necessary or appropriate to approve and record a final Plat of Subdivision, which shall be in substantial conformance with the preliminary Plat of Subdivision. 8. ENGINEERING PLANS. The OWNERS, their successors and assigns, shall cause any improvements upon the SUBJECT REALTY to be constructed pursuant to Final Engineering Plans and Specifications prepared by a registered professional engineer, which must be reviewed and approved by the Director of Engineering 5 and Community Development of the Village of Elk Grove Village. Final Engineering Plans and Specifications will comply where applicable with all ordinances, codes and standards in effect at the time of application for engineering approval, as the same may from time to time be amended and modified. In the event any conflict shall exist between any ordinance, code, standard, rule, regulation or criteria incorporated herein, then the ordinance, code, standard, rule, regulation or criteria determined by the Village Director of Engineering and Community Development as applicable shall apply. 9. SPECIFIC ON-SITE/OFF-SITE PUBLIC IMPROVEMENTS. A. ON-SITE PUBLIC IMPROVEMENTS: Within each Parcel on the Plat of Subdivision, at the time the Site Plan improvements are constructed on each such Parcel, OWNERS shall construct such utilities as required by Village Ordinance to service such Parcel as shown in the approved engineering plan. The water main at the South end of the SUBJECT REALTY as shown thereon, and the sewer line at the North end of the SUBJECT REALTY as shown thereon, shall be dedicated to the Village of Elk Grove Village upon completion and acceptance. All other on-site water and sewer lines shall be owned and maintained by OWNERS. OWNERS shall provide for storm water drainage and detention facilities substantially in accordance with plans approve by the Village. The maximum allowable storm water release rate for the site shall not exceed 0.10 CFS per acre. E B. OFF-SITE PUBLIC IMPROVEMENTS: off-site water and sewer lines within rights-of-way shall be owned and maintained by the Village of Elk Grove Village, excepting therefrom the water main under Meacham Road which shall be owned and maintained by OWNERS. OWNERS shall construct the following off-site public improvements: 1. A traffic light at the Meacham Road entrance to the SUBJECT REALTY as indicated on the Final Engineering Plans; 2. A left hand turn lane on Meacham Road where indicated on the Final Engineering Plans, with any pavement widening of Meacham Road as is necessary in connection therewith; 3. A left hand turn lane on Nerge Road where indicated on the Final Engineering Plans, with any pavement widening of Nerge Road as is necessary in connection therewith; 4. Exclusive right turn lanes at both the Meacham Road and Nerge Road entrances to the SUBJECT REALTY as indicated on the Final Engineering Plans; 5. A sanitary sewer line from the North boundary of the SUBJECT REALTY to Biesterfield Road, then West to Meacham Road and North to the interceptor sewer presently located on Meacham Road, with a lift station to be located at Biesterfield Road South of Meacham Road, or with any other sewer connection allowed by the Village. The OWNERS agree to acquire all necessary easements from all property owners along such sewer line and dedicate such easements to the Village at no cost to the Village. Under no circumstance shall any property owner granting any such easement be permitted to 7 connect into the Village sanitary sewer system without annexation into Elk Grove Village. C. SUBSEQUENT OFF-SITE PUBLIC IMPROVEMENTS: Two additional off-site roadway improvements may be required in the future to mitigate off-site traffic impacts and to provide adequate ingress and egress to the SUBJECT REALTY. It is agreed by the parties that completion of the proposed Elgin -O'Hare Expressway (the "Expressway") anticipated in 1993 is likely to materially change traffic volumes and patterns surrounding the SUBJECT REALTY such that additional off-site roadway improvements may no longer be required to mitigate traffic impacts or, alternatively, such off- site roadway improvements may be required to be in a different configuration than anticipated to serve existing traffic patterns. Because the necessity of such additional off-site improvements will not be known until after both development of the SUBJECT REALTY and the Expressway are completed, the need for the following off-site improvements shall be reevaluated upon such completion and addressed as follows: 1. Intersection Improvements at Meacham and Nerae. At least 6 months and within one year after completion and opening of Parcels 2 and 3 of the SUBJECT REALTY and opening for use of the Expressway, the Village may require OWNERS to hire a traffic consultant (who is mutually agreeable to both parties and whose fee shall be shared equally by both parties) to conduct an afternoon peak hour traffic study at the Meacham/Merge intersection. If the intersection Level of E:3 Service is at or above Level "D" with an average stopped delay less than or equal to 26.0 seconds per vehicle during peak hours, construction of intersection improvements shall not be required. If the average stopped delay is greater than 26.0 seconds, OWNERS shall cause intersection improvements as recommended by such consultant and approved by the Village to be constructed at OWNERS' expense within 120 days after receipt of such report and approval by the Village. I£ OWNERS are required to install such improvements as set forth above and the aggregate cost thereof exceeds $70,000 (plus an additional amount to adjust for the increase in the construction cost index, as published by the American City and County magazine, from the date of this Agreement to the date of the installation of such improvements), the balance of such cost, if any, shall be the responsibility of the Village or other governmental entities. 2. Nerae Road Traffic Signal. At least 6 months and within one year after completion and opening of the development on Parcels 2 and 3 of the SUBJECT REALTY and opening for use of the Expressway, the Village may require OWNERS to hire a traffic consultant (who is mutually agreeable to both parties and whose fee shall be shared equally by both parties) to conduct a traffic study at the main Nerge entrance to the SUBJECT REALTY. If such consultant reports that a traffic signal at such entrance is necessary, then OWNERS shall, with the concurrence of the Village, cause such signal 4 to be installed and connected to the signal at the intersection of Meacham Road and Nerge Road at OWNERS' expense within 120 days after receipt of such report and approval by the Village. If, however, such consultant reports that the traffic signal is not necessary, then the Village shall have the right, within 120 days after receipt of such report, to require OWNER to install the signal at such entrance and - connect it to the signal at the intersection of Meacham Road and Nerge Road, and the cost of the signal shall be shared equally by OWNER and the Village. 3. Surety. Prior to the time that an occupancy permit for any of the development contemplated on the SUBJECT REALTY is issued, OWNERS shall provide the Village with a Letter of Credit or such other surety as is reasonably acceptable to the Village to guarantee the construction of the improvements set forth in subparagraphs 1 and 2 above. The amount of the surety shall be determined prior to the issuance of such occupancy permit. Such amount shall be reduced or such surety shall be released should it be determined that any or all improvements in subparagraphs 1 or 2 are not required, or when such improvements are completed. 4. Dedication of Right -of -Way. At the request of the Village, OWNERS shall dedicate to Elk Grove Village, at no cost to the Village, 60 feet of right-of-way at the Northeast corner of the SUBJECT REALTY for the purpose of extending Home Avenue. 10 10. SALES TAX REBATE. The parties realize that the sanitary sewer improvements referred to in Paragraph 9 above will inure to the benefit of ELK GROVE VILLAGE and its residents. In consideration thereof, the parties have determined that it is appropriate for the Village of Elk Grove Village to compensate OWNERS for the portion of such sewer improvements (as provided on Exhibit "C" attached hereto) as will benefit land owners other than OWNERS. Accordingly, OWNERS will pay the initial cost of such sanitary sewer improvements; grovided, however, that ELK GROVE VILLAGE shall reimburse OWNERS for the prorata portion of the cost of the construction of such improvements based on the ratio of the difference between (i) the entire "Sewer Service Area" (as indicated on the attached Exhibit "D") less the area of the SUBJECT REALTY and (ii) the entire "Sewer Service Area." Such reimbursement shall be made out of the sales tax revenues generated from the SUBJECT REALTY by payment to OWNERS of an amount equal to 100% of all sales tax revenues so generated immediately once such revenues begin to be generated from the SUBJECT REALTY, until OWNERS are reimbursed in full for such prorata portion of the cost of such construction. The amount of the rebate shall be documented by OWNERS and verified and approved by the Director of Engineering and Community Development. The rebate will not include expenditures for on-site improvements. The sums due shall be paid by ELK GROVE VILLAGE to OWNERS, or their successors and assigns as owner of the SUBJECT REALTY, within it 30 days of receipt by the Village of the sales tax from the State of Illinois for the applicable month. 11. FEES. ELK GROVE VILLAGE agrees to charge OWNERS 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, fees of $500.00 per acre shall be paid by OWNER to Elk Grove Village upon annexation, which shall be placed in the Municipal Purpose Fund of the Village. 12. GENERAL PROVISIONS. A. BUILDING PERMIT: ELK GROVE VILLAGE agrees that within twenty-one (21) days after receipt of a complete application, it will either issue such building and other permits as may, from time to time be requested by OWNERS, their successors and assigns, or issue a Letter of Denial within said period of time, informing OWNERS, their successors and assigns, as to the specific deficiencies in the application for permits, plans or specifications. All of such permit applications, plans and specifications, shall conform to this Agreement and all applicable ordinances and codes. B. OCCUPANCY CERTIFICATES: ELK GROVE VILLAGE agrees to issue Certificates of occupancy, except as otherwise provided 12 herein, within ten (10) days after the application or issue a Letter of Denial within said period of time informing OWNERS, their successors or assigns, specifically as to what corrections are necessary as a condition to the issuance of a Certificate of Occupancy, quoting the section of any code or ordinance relied upon by ELK GROVE VILLAGE in its request for correction. C. STOP ORDERS: The Village will issue no stop order directing work stoppage in the building on parts of the SUBJECT REALTY without detailing the section of the Village Code or portion of this Agreement violated by OWNERS or their agents and allowing OWNERS five (5) days in which to cure such violation. If a stop work order, however, relates to public safety or excessive noise as determined by the Director of Engineering and Community Development, OWNER shall cease all work immediately until OWNER corrects such violation to the reasonable satisfaction of the Village. 13. RECORDATION. The parties agree to do all things necessary to cause a copy of this Agreement to be recorded in the Office of the Recorder of Deeds, Cook County, Illinois. 14. MISCELLANEOUS PROVISIONS. A. NOTICES: All notices hereunder shall be in writing and must be served either personally or by registered or certified mail to: 13 1. VILLAGE at: Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 2. OWNERS at: HP Retail Division #1, Inc. c/o Hamilton Partners 300 Park Boulevard Suite 100 Itasca, Illinois 60143 3. To such other person or place which any party hereto, by its prior written notice, shall designate for notice to it from the other parties hereto. B. BINDING EFFECT, TERM AND AMENDMENT: This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record of the SUBJECT REALTY, their assigns, lessees and upon any successor municipal authority of ELK GROVE VILLAGE and successor municipalities, for a period of ten (10) years form the date set forth in the first paragraph of this Agreement. This Agreement may be amended from time to time with the consent of the parties hereto, pursuant to statute in such case made and provided. C. SEVERABILITY: This Agreement is entered into pursuant to the provisions of Chapter 24, Section 11-15.1 et seq., Illinois Revised Statutes, 1989, as amended. The corporate authorities of the Village of Elk Grove Village have heretofore conducted a public hearing upon this Agreement. In the event any part or portion of this Agreement, or any provision, clause, wording or designation 14 contained within this Agreement is held to be invalid by any court of competent jurisdiction, such part, portion, provision, clause, wording or designation shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect the remaining portions thereof. D. ENFORCEABILITY: This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity to secure the performance of the covenants contained herein. E. SURVIVAL OF REPRESENTATIONS: Each of the parties hereto, for themselves, their successors, assigns, heirs, devisees and personal representatives, agrees that the warranties and recitals set forth in the preamble to this Annexation Agreement are material to this Agreement, and the parties hereby confirm and admit their truth and validity and hereby incorporate such representations, warranties and recitals into this Agreement, and the same shall continue during the term of this Agreement. F. GENDER: Unless the provisions of this Agreement otherwise require, words imparting the masculine gender shall include the feminine; words imparting the singular number shall include the plural; and words imparting the plural shall include the singular. G. CAPTIONS AND PARAGRAPH HEADINGS: The captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement. 15 r H. CONFLICT IN REGULATIONS: 1. The provisions of this Agreement shall supersede the provisions of any ordinances, codes, policies or regulations of Elk Grove Village which may be in conflict with the provisions of this Agreement. 2. Pursuant to the requirements of statute, the corporate authorities of Elk Grove Village shall adopt such ordinances as may be necessary to put into effect the terms and provisions of this Agreement. I. APPLICATION OF ORDINANCES AND FEES: The Village reserves the right to amend its Zoning and Subdivision Ordinance, its Building Code and other Ordinances affecting the development of the SUBJECT REALTY at any time as may be reasonably necessary for the protection of the public health, welfare and safety by general Ordinance amendments applicable to the development of all the property in the Village, but no such Ordinance shall be discriminating in its effect upon the development of the SUBJECT REALTY. Except as provided elsewhere in this Agreement, the Village agrees that, for a period of ten (10) years from the date of the execution of the Agreement, it will not amend its Zoning Ordinance or other Ordinances in such a manner as to prohibit the use of the SUBJECT REALTY as contemplated by this Agreement and in the manner set forth in this Agreement. It is specifically agreed that the fees required for building permits, plan review, inspection fees and any other regulatory fees 16 or other fees or charges having to do with the connection and development of the SUBJECT REALTY shall not be increased by the Village for a period of ten (10) years, except as part of any overall increase in such fees which affect the development of all property in the Village, adopted to meet the increased cost to the Village for providing such services. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. ATTEST: illage Clerk T: t� c VILLAGE: VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation, By: OWNERS: �D- z "�- President Hamilton Partners Retail Division ll!, Inc. Notwithstanding anything contained herein to the contrary, Hamilton Partners Retail Division #1, Inc. is the contract purchaser of the subject realty. If the contract between Hamilton Partners Retail Division #1, Inc. and Gail Whitehead, Independent Administrator of the Estate of Carl Kunas dated November 21, 1990 is terminated without Hamilton Partners Retail Division #1, Inc. acquiring the title to the subjeclt,2realty, this Annexation Agreement shall be declared null and void without any further action of the parties hereto. List of Exhibits EXHIBIT "A" - LEGAL DESCRIPTIONS EXHIBIT "B" - PLAT OF SUBDIVISION EXHIBIT "C" - SEWER IMPROVEMENTS EXHIBIT "D" - SEWER SERVICE AREA MAP EXHIBIT "E" - APPROVE SITE PLAN !M