HomeMy WebLinkAboutRESOLUTION - 38-75 - 5/6/1975 - ANNEX AGRMT/SBL/BONOVOLONTAN
RESOLUTION NO. Y t
A RESOLUTION AUTHORIZING A PRE -ANNEXATION AGREEMENT/
SBL PROPERTY
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 Pre -Annexation Agreement, a copy of
which is attached, relating to the annexation of property known
as the SBL property and referred more specifically therein
is hereby approved and the Village President and the Village
Clerk are authorized to execute same and the'Village Clerk is
authorized to record same with the Recorder of Deeds of Cook
County, Illinois.
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 I
PASSED this 6th day of
APPROVED this 6th day of
ATTEST:
VILLAOE CLERK
May 1975.
May 1975.
4171 XX -1
CLB;hol
4/18/75
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 6th
day of May , 1975, by and between the VILLAGE
OF ELK GROVE VILLAGE, a municipal corporation organized and ex-
isting 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 collec-
tively as "the Corporate Authorities"), RIVER FOREST STATE BANK
AND TRUST COMPANY, not individually, but as Trustee under Trust
Agreement dated November 18, 1970, and known as Trust No. 1688
(hereinafter referred to as "OWNER") and by SBL ASSOCIATES, a
General Partnership (hereinafter referred to as "DEVELOPER");
W I T N E S S E T H:
WHEREAS, OWNER and DEVELOPER comprise the record owner
and the proposed developer, respectively, of certain unincorpor-
ated real estate, the legal description of which is attached
hereto as Exhibit "A" and made a part hereof, such real estate
consisting of approximately seventy-four and 45/100 (74.45) acres
which is the subject of this Annexation Agreement and is shown
on the Annexation Plat heretofore submitted to VILLAGE and incor-
porated herein by reference and is hereinafter referred to as
the "TRACT"; and
WHEREAS, the TRACT is contiguous to and may be annexed
to the VILLAGE as provided in Article 7 of the Illinois Municipal
Code (Illinois Revised Statutes, 1971, Chapter 24); and
WHEREAS, OWNER and DEVELOPER desire to have the TRACT
annexed to the Village of Elk Grove Village, Illinois, upon
certain terms and conditions hereinafter set forth; and further
that the TRACT be zoned and developed in accordance with the
terms and provisions of this Agreement and with the General Land
Pl.a.n entitled "Devon -53 Development" dated December 2, 1974, re-
vised as of April 4, 1975, which is attached hereto as Exhibit
"B" and made a part hereof (hereinafter referred to as the "PLAN")
which is in harmony with the Zoning Ordinance of the VILLAGE, as
amended and specifically provides for zoning and development of
four separate identifiable portions of the TRACT as a Special
Use within an A-2 Residence District and as B-2 Business Districts,
respectively; and
WHEREAS, the Corporate Authorities, after due and care-
ful consideration, have concluded that the annexation of the TRACT
to the VILLAGE and the development of the TRACT in accordance with
the PLAN would further promote 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, 1971, Chapter 24, Section 11-15.1-1 et seq., a proposed
Annexation Agreement in substance and form the same as this Agree-
ment was submitted to the Corporate Authorities and a public
hearing held thereon pursuant to notice, as provided by statute;
and
WHEREAS, pursuant to notice and as is required by stat-
ute and ordinance, all necessary public hearings were held by
the Plan Commission sitting as a Zoning Commission on the requested
zoning classification of the TRACT and the written reports, find-
ings and recommendations of said Plan Commission have been submitted
to the Corporate Authorities.
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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. STATUTORY AUTHORITY. This Agreement is made pursuant
to and in accordance with the provisions of Illinois Revised Stat -
Utes, 1971, Chapter 24, Section 11-15.1-1, et seq.
2. PETITION FOR ANNEXATION. The OWNER has filed with
the Village Clerk a proper Petition for the annexation of the
TRACT to the VILLAGE, conditioned upon the terms and provisions
of this Agreement. The DEVELOPER has paid all appropriate fees
and deposits, unless otherwise provided herein.
3. ANNEXATION ORDINANCE. The Corporate Authorities,
upon the execution of this Agreement, shall within thirty (30)
days, enact an ordinance annexing the TRACT to the VILLAGE.
4. ZONING OF THE CONSTITUENT PORTIONS OF THE TRACT.
The TRACT shall be zoned in accordance with the zoning classifi-
cations designated on the PLAN.
A. Residential Area - That portion of the TRACT desig-
nated on the PLAN as Parcels 1, 2 and 3 which contains
41.65 acres, more of less, shall be zoned and developed
for a Special Use within an A-2 Residence District, pro-
viding for a total of 768 dwelling units and shall be
subject to the provisions of the Planned Development
Ordinance of VILLAGE, except as expressly modified herein.
B. Commercial Area - Those portions of the TRACT desig-
nated on the PLAN as Parcels 4, 5 and 6 shall not be
a part of the Special Use and shall not be subject to
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the provisions of the Planned Development Ordinance
of the VILLAGE, but shall be separately zoned in the
following manner:
(i) That portion of the TRACT which contained 9.76
acres, more or less and is designated on the PLAN
as Parcel 5 shall be zoned as a B-2 Business Dist-
rict under the Zoning Ordinance of the VILLAGE but
shall be developed in substantial accordance with
the PLAN and VILLAGE agrees to approve such final
plats of subdivision therefor which are in substan-
tial accordance with Parcel 5 of the PLAN and may
be submitted by DEVELOPER.
(ii) That portion of the TRACT which contains 6.66
acres, more or less, and is designated on the PLAN
as Parcel 6, shall be zoned as a B-2 Business Dist-
rict under the Zoning Ordinance of the VILLAGE.
VILLAGE and DEVELOPER acknowledge that certain lot
configurations and tentative uses within the zoning
classifications for Parcel 6 appear on the PLAN for
demonstrative purposes only and are not binding upon
VILLAGE or DEVELOPER as to future lot configuration or
use for such Parcel 6.
(iii) That portion of the TRACT which contains
12.56 acres, more or less, and is designated on the
PLAN as Parcel 4 shall be zoned as B-2 Business Dist-
rict under the Zoning Ordinances of the VILLAGE with
0
such amendments, modifications, variances, or
changes as may be necessary to permit the follow-
ing uses therein:
1. The permitted and conditional uses allowed
within the B-1 Business Districts.
2. Automobile service stations which limit act-
ivities to sale of petroleum products, tires,
batteries and automobile accessories and in-
cidental servicing of automobiles.
3. Drive-in Banks.
4. Garden stores and gift shops.
5. Undertaking establishments.
(iv) DEVELOPER agrees that at least 90 days prior
to the time approval is sought for final plats for
Parcels 4 and 6, DEVELOPER will present to VILLAGE
a plan for each said Parcel which reflects those
actual initial uses to which all or part of each
said Parcels will be put upon subdivision and the
probable uses contemplated for each portion of such
Parcel for which no actual initial use has then
been determined.
DEVELOPER agrees in formulating the plan for each
of said Parcels 4 and 6 to adhere to sound planning
and development guidelines and standards and to give
maximum consideration to those uses within each said
Parcel as may be expressed to it by the VILLAGE as
being compatible with surrounding uses, within
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the general needs of the community, consistent with
the overall development of the TRACT, and in compli-
ance with all applicable ordinances of the VILLAGE,
as amended.
5. ZONING AND RELATED ORDINANCES, VARIATIONS AND OFFICIAL
PLAN. Immediately after the passage of the ordinance annexing
the TRACT, the Corporate Authorities shall:
A. Zone and classify the TRACT under the provisions of
its Zoning Ordinance, to accommodate the proposed uses
shown on the PLAN, including the granting of such Special
Use permits as are necessary to effectuate the develop-
ment of such TRACT as herein provided, all substantially
in accordance with the PLAN. It is understood and agreed
that the said PLAN qualifies and has been approved as
the "Preliminary Plat" called for in Section 22 of Art-
icle 4 of the Zoning Ordinance as it pertains to Parcels
1, 2 and 3 of the TRACT being zoned for a Special Use
within an A-2 residence district, and shall be so con-
sidered.
B. Amend the text of its Zoning ordinance or any other
ordinance or regulation and grant such variations or
exceptions therefrom as may be necessary to accommodate
the uses proposed herein by DEVELOPER for Parcel 4.
C. Make such amendments, modifications or changes as
may be required in the Official Comprehensive Plan of
the VILLAGE, to accommodate the land uses proposed on
said PLAN.
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6. WATER. All water mains to serve the TRACT shall be
installed by DEVELOPER in substantial accordance with the plan
entitled "Water Mains and Storm Drainage" attached hereto as
Exhibit "C" and made a part hereof. in accordance with the terms
of said Exhibit, DEVELOPER shall be permitted to connect to the
existing VILLAGE water main located near the intersection of
Rohlwing Road and Nerge Road on the west and shall further con-
struct a second line from the TRACT from the point of intersection
of Rohlwing Road and Nerge Road, running northerly within the right-
of-way of Rohlwing Road to a point of connection with the existing
VILLAGE water line on Beisterfield Road. It is understood and
agreed between VILLAGE and DEVELOPER that Exhibit "C" hereto depicts
only the main lines which shall serve the TRACT and that greater
detail, plans and specifications for such main lines and the water
systems to be constructed within the TRACT shall be the subject of
final engineering to be submitted to the VILLAGE at the time approv-
al is sought for any final plat. DEVELOPER agrees that the final
engineering to be submitted for the final plat containing Parcel 1
shall provide for a main line within the TRACT connecting with the
water main to be installed by DEVELOPER in Rohlwing Road, such
point of connection to be at the Northwest corner of the TRACT.
All water main lines and systems constructed by DEVELOPER,
which are located in dedicated rights-of-way within the TRACT and
those which are located within dedicated rights-of-way or ease-
ments without the TRACT, shall, upon completion and inspection
satisfactory to the Village Engineer, be donated to and accepted
by VILLAGE or such corporate authority as it may designate, with-
out cost to the VILLAGE, by appropriate Bills of Sale. Thereupon,
such main lines and systems shall be owned and maintained by VILLAGE
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or such other corporate authority
DEVELOPER agrees that each
residential building shall be provided with a separate water meter.
7. SANITARY SEWER. The sanitary sewer mains and lines
to serve the TRACT, including force main line from the perimeter
of the TRACT to the Upper Salt Creek Sewage Treatment Plant, and
including a lift station, shall be instal -Led by DEVELOPER in sub-
stantial accordance with the plan entitled "Sanitary Sewer" attached
hereto as Exhibit "D" and made a part hereof. It is understood and
agreed between VILLAGE and DEVELOPER that Exhibit "D" hereto depicts
only the main lines and other off-site improvements which shall
serve the TRACT and that greater detail, plans and specifications
for such main lines and improvements and the sewer systems to be
constructed within the TRACT shall be the subject of final engineer-
ing to be submitted to the VILLAGE at the time approval is sought
for any final plat.
All improvements, systems and connections constructed
by DEVELOPER hereunder shall be made in such manner as prescribed
and approved by the Metropolitan Sanitary District of Greater
Chicago and by the Village Engineer.
All sanitary sewer main lines and systems constructed
by DEVELOPER which are located in dedicated rights-of-way within
the TRACT, the lift station and force main, and those sanitary
sewer main lines and systems constructed by DEVELOPER which are loc-
ated in dedicated rights-of-way or easements without the TRACT
shall, upon completion and inspection satisfactory to the Village
Engineer be donated to and accepted by VILLAGE, or such Corporate
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Authority as it may designate, without cost to VILLAGE, by appro-
priate Bills of Sale. Thereafter, such lines and systems shall
be owned and maintained by VILLAGE or such otherCorporate Author-
ity.
8. STORM WATER. The TRACT shall have its own storm
water retention/detention facility as shown on the attached plan
entitled "Water Mains and Storm Drainage" attached hereto as
Exhibit "C" and made a part hereof.
9. SERVICE EASEMENTS AND TRAFFIC REGULATION. A blanket
easement over, under and upon all unimproved common open space,
private access driveways and the parking areas within the TRACT
for police and fire protection and for the operation, maintenance,
repair replacement and customary servicing of all electricity,
telephone and natural gas lines and all sanitary sewer, storm
drainage and water main systems and other public utilities assoc-
iated with the TRACT shall be provided by final plats in favor
of VILLAGE and all of the involved public utility companies,
their respective officers, employees and agents, together with
related emergency and service vehicles and equipment. DEVELOPER
has requested and VILLAGE may, by ordinance or otherwise, regulate
traffic on and access to all. private access driveways within the
"MAXeyilA
10. STREETS. The only public streets within the TRACT
shall be Nerge Road, which shall consist of a right-of-way of
100 feet, which shall be paved a width of 44 feet from back of
curb to back of curb, and the drive separating Parcel 1 from
Parcels 2 and 3 (as depicted on the PLAN)
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which shall consist of
a right -of -wap of 66 feet and shall be paved a width of 28 feet
from back of curb to back of curb. Such public streets shall be
constructed in accordance with VILLAGE requirements, including street
trees, street lights and street signs. All private access driveways
within the TRACT shall be installed by DEVELOPER but shall not be
considered to be streets, shall not be dedicated and shall remain
privately owned and maintained as herein provided. The width and
location of the private access driveways shall be in accordance with
the PLAN. The construction specifications of the private access drive-
ways and parking lots shall be in accordance with VILLAGE requirements
pertaining to private streets and parking lots, respectively. The
installation of trees, lights and signs thereon shall be the subject
of separate plans and specifications to be submitted by the DEVELOPER
for each Phase (as that term is later defined) at the time approval
is given for the final plat for such Phase.,'
If, for any reason the DEVELOPER and OWNER do not develop
the public streets above referred to within three (3) years from date
hereof, the same shall be dedicated upon the request of the VILLAGE.
DEVELOPER further agrees to construct lanes necessary
to accommodate the movement of emergency vehicles upon Parcels
1, 2 and 3, when developed in accordance with the PLAN. Such
lanes shall be 10 feet in width and shall be constructed of
materials of DEVELOPER's choosing, providing the same can safely
support a vehicle weighing 42,000 pounds.
11. SIDEWALKS. Sidewalks shall be placed along both
sides of Nerge Road and shall be constructed in accordance with
VILLAGE standards as they exist on the date hereof. Sidewalks
shall also be placed along the East side of Rohlwing Road and
the North side of Devon Avenue within each Phase at the time each
Phase is developed. Such sidewalks shall be dedicated to and
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accepted by VILLAGE. DEVELOPER agrees to construct pedestrian
walkway systems within the TRACT in accordance with and as depict-
ed upon the PLAN. Such systems shall not be considered to be
sidewalks, shall riot be dedicated to the Village, and shall be
privately owned and maintained. No other sidewalks or walkways
shall be required to be constructed within the TRACT.
12. EXTENT OF PUBLIC AND PRIVATE IMPROVEMENTS AND
SECURITY THEREFOR. It is understood and agreed that the fore-
going water, sanitary sewer, storm water drainage, streets and
sidewalks, street trees, steeet lights and street signs specifi-
cally recited herein shall be the only public improvements and
utilities and the forgoing walking systems, emergency vehicle
lanes, private access driveways and trees, signs and lights upon
such driveways shall be the only private improvements for which the
DEVELOPER or its successors shall be required to install in the
development of the TRACT.
DEVELOPER shall be required to give the VILLAGE security
for the installation of such improvements as follows=
A. Water, sewer and storm water facilities. Commencing
with the first Phase of development (as that term is
hereinafter defined in Paragraph 21), security shall be
given for the installation of all major trunk lines for
water and sanitary sewer and lines and facilities for
storm water drainage and retention necessary to serve
the Phase. Thereafter, prior to the development of each
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subsequent Phase, security shall be given for the
installation of extensions of major trunk lines and
for feeder lines and lesser elements of the water,
sanitary sewer and storm water systems only as con-
struction on each particular Phase reasonably requires
the installation thereof. For each Phase, security
shall be given no later than the time of approval of
engineering plans for such Phase.
B. Remaining Public and Private Improvements. Prior
to the development of the first Phase, security shall
be given for the installation of all of Nerge Road
within the TRACT and for the street lighting, street
signs and sidewalks thereon. Thereafter, commencing
with the first Phase and for each subsequent Phase,
security shall be given for the installation of the
dedicated street separating Parcel 1 from Parcels 2
and 3, access driveways, walkways and lanes and for
the street lights, street trees, and street signs
thereon only as construction on each particular Phase
reasonably requires the installation thereof. For
each Phase, security shall be given no later than the
time of approval of engineering plans for such Phase.
C. In lieu of any bonds or cash escrow deposits for
public or private improvements, the DEVELOPER may furnish
to the VILLAGE other security which may be deemed by
the VILLAGE Attorney to be satisfactory, including but
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not limited to an irrrevocable letter drawn on a
Chicago area bank with assets in excess of $10,000,000.00,
such letter being effective for the length of time re-
quired to complete such improvements and certifying that
adequate funds are and will remain available in a form
to allow VILLAGE to procure the funds irrevocably com-
mitted to complete the required improvements of con-
struction if said improvements shall be in default for
a period of 60 days after written notice thereof by
VILLAGE to DEVELOPER. The security given shall at
all times be equal to the original estimated cost of
the improvements being constructed in each Phase of
development.
Upon completion of the public and private improvements
to be constructed in any Phase, VILLAGE and DEVELOPER
shall follow the procedure outlined in the Subdivision
Control Ordinance as it pertains to acceptance thereof
by VILLAGE guarantees by DEVELOPER, and release of
security deposits. For purposesof this Paragraph 12,
the off-site sanitary sewer main lines, lift station
and force main and the off-site water main lines shall
be considered and treated as separate phases in and of
themselves. No guarantee shall be required of DEVELOPER
for any private improvement.
13. MAINTENANCE OF PRIVATE AREAS. All of the common
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open space, retention pond, drainage lines, all private access
driveways, outdoor parking areas, walkways, er,ergency vehicle
lanes, and street lights and signs in the private areas described
and depicted in Parcels 1, 2 and 3 of the PLAN, together with
such sanitary sewer and water service lines as shall not be
donated to VILLAGE„ shall be owned by, cared for, maintained
repaired and replaced by and at the expense of DEVELOPER initially
and thereafter, the ownership, care, maintenance, repair and
replacement of the same shall be assigned, conveyed,transferred
and delivered to person(s) from time to time owning the residential
buildingsconstructed upon Parcels 1, 2 and 3; provided, however,
that any portion of the common open space to be conveyed to the
VILLAGE in accordance with Paragraph 14 shall be excluded from
the requirements of this paragraph. Prior to approval by VILLAGE
of any final plat for Parcels 1, 2 or 3, DEVELOPER shall file for
review and approval by VILLAGE and thereafter shall record Declar-
ation(s) covering the real estate contained therein providing for
the establishment of an Illinois Not For Profit Corporation the
membership thereof to be comprised of the owners of such parcels,
such corporation to be vested with the right and duty to oversee,
supervise, and assess for the necessary care, maintenance, repair
and replacement called for herein. Such Declaration(s) shall
further provide that, in the event that any of the foregoing ser-
vices shall not be made or shall be inadequately made by such
corporation and if VILLAGE shall elect to provide the same (which
it shall not be obliged to do), the cost thereof may be charged
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pro rata against the membership of the corporation and the
VILLAGE shall have the same power of assessment and collection
as is vested in the corporation by such Declaration(s) for
amounts expended by VILLAGE, including the filing and enforce-
ment of liens.
14. CONTRIBUTIONS. DEVELOPER and VILLAGE understand
and agree as follows:
A. DEVELOPER shall donate to the VILLAGE or such other
body as it may be directed by VILLAGE approximately 4.01
acres of land, more or less, for uses deemed appropriate by
the Corporate Authorities. Such land is located in the
Northwest area of Parcel 1 on the PLAN, and is desig-
nated thereon as "Public Land". Such donation shall be
by Quit Claim Deed and shall be made no later than
approval of the final plat for the Phase in which said
area is located, or three (3) years from date, whichever
sooner occurs provided, however, that the VILLAGE may,
at any time, require and obtain a donation of 2.0 acres
of said public land as it may designate.
B. DEVELOPER shall donate to the VILLAGE, as full Annex-
ation Fees, an amount equal to the sum of $500.00 per
acre multiplied by the 70.63 acres being the acreage
of the entire TRACT (74.45) less the acreage located
within the right-of-way .for Nerge Road (3.82). The
donation shall be made as follows:
(i) 20% upon annexation of the TRACT
(ii) 20% on the first, second, third and fourth
anniversaries of annexation of the TRACT,
respectively.
15. RELOCATION OF NERGE ROAD. Although it is contem-
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plated by DEVELOPER and VILLAGE and has been agreed by them
that DEVELOPER shall construct Nerge Road within the TRACT as
it is located upon PLAN, the VILLAGE requests and DEVELOPER
agrees that the area located in the Southwest corner of Parcel
4 in the PLAN, containing 1.13 acres, more or less, and marked
'.possible relocation of Norge Road not be developed or improved
for a period ending three (3) years after the date hereof. If,
at any time within such three (3) year period, DEVELOPER is
requested in writing by the VILLAGE, DEVELOPER shall dedicate to
the VILLAGE so much of such 1.13 acre section.as may be necessary
for the relocation by VILLAGE of the intersection of Nerge Road
with Devon Avenue within such section, provided the VILLAGE shall
concurrently do the following at its own cost and expense:
(i) Vacate a like amount of the right-of-way of
Nerge Road which may be abandoned for such relocation
and convey the same to DEVELOPER;
(ii) Remove all pavement and curb from such vacated
right -o£ -way;
(iii) Rezone such vacated right-of-way for B-2 commer-
cial use under the zoning Ordinance of the VILLAGE
granted for Parcel 4 and grant such variances as may
be necessary to permit DEVELOPER to use such vacated
right-of-way as if the same were an area consisting of
1.13 acres; and
(iv) Complete the construction of the relocation of
the intersection at VILLAGE's own cost and expense as
expeditiously as possible.
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1.6. COMMENCEMENT AND COMPLETION. The DEVELOPER shall
commence construction of the TRACT in accordance with the PLAN
within two (2) years from the date that this Agreement- is executed
by the VILLAGE, and shall be permitted a period of ten (10) years
from said date in which to complete development of the TRACT,
except that in the event DEVELOPER's construction is hindered or
delayed within such ten (10) year period by causes which are beyond
DEVELOPER's control, VILLAGE agrees that it shall permit and grant
reasonable extension of time beyond such ten (10) year period in
which DEVELOPER may complete construction.
It is further understood and agreed that both the
DEVELOPER and the VILLAGE intend that when construction is begun
within said two (2) years in accordance with the Special Use Permit
granted by the VILLAGE pursuant to this Agreement for that portion
of the TRACT to be developed with residential units such construct-
ion shall constitute a material change in position by the DEVELOPER
in reasonable reliance upon the VILLAGE's undertakings in this
Agreement. It is contemplated that DEVELOPER shall submit to
VILLAGE final plats, as that term is defined in the Zoning Ordin-
ance for Parcels 1, 2 and 3 on dates which are 24 months, 42 months
and 60 months after the date hereof to the VILLAGE, but that
failure of DEVELOPER to so submit such final plats within the time
limits of the anticipated schedule shall not permit VILLAGE to
refuse to approve the same. VILLAGE acknowledges that if, during
the period of this Agreement, the VILLAGE for any reason,includ-
ing but not limited to delays by DEVELOPER in submitting final
plats or completing construction within Parcels 1, 2 and 3, would
seek to rezone Parcels 1, 2 or 3, or refuse to approve any final
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plat which is in substantial accordance with the PLAN avid is
submitted within such ten (10) year period, extreme hardship would
be suffered by DEVELOPER. VILLAGE agrees, therefore, to enact such
variances or amendments to the Zoning Ordinance of. the VILLAGE
so that within such ten (10) year period, VILLAGE may, and shall
approve the final plat for each Phase as is developed out of
Parcels 1, 2 and 3, so long as it is in substantial accordance
with the PLAN and the Ordinances of the VILLAGE.
17. CONSTRUCTION OF MODEL UNITS. DEVELOPER shall have
the right, subject to VILLAGE approval of drawings and specifi-
cations and the approval of any other governmental authority having
jurisdiction, to construct a reasonable number of model resi-
dential units, recreational buildings, sales and rental offices,
and other appurtenant facilities, including temporary holding tank
and well systems for model units only, in advance of approval of
final plats, and engineering and construction of sanitary sewer
and water mains, provided no such units shall be used for residential
purposes until such time as sanitary sewer and water mains are ap-
proved for such residential model units, and further, provided that
prior to use thereof for any purpose, telephone lines are first
installed to such units and such steps are taken by DEVELOPER which
shall satisfy the appropriate and authorized officials of the VIL-
LAGE that there exists sufficient water capacity for fire fighting
purposes and clear and unobstructed access for service of such units
by VILLAGE emergency vehicles.
18. APPLICATION OF ORDINANCES AND FEES. Except as
expressly modified herein, all ordinances of the VILLAGE which
shall govern the development of any improvement of the TRACT, in -
eluding but not limited to those relating to subdivisions, build-
ing, zoning, special use, official plan, building, housing and
related ordinances and restrictions, and all fees of the VILLAGE
which may apply in the development of any improvement upon the
TRACT, including but not limited to plan review, inspection,
permit, building, tap -on and connection fees shall be those in
effect as of the date of issuance of the building or construction
permit for each such improvement, and no ordinances or fees therein-
after enacted by VILLAGE which are more restrictive or result in a
greater cost shall be applicable to such improvement for which any
permit has been issued. It is further agreed, however, that any
new ordinances or fees hereinafter enacted by the VILLAGE which are
less restrictive or result in a lesser cost shall, at DEVELOPER's
election, replace those then in effect as they pertain to any improve-
ment under construction, within the TRACT. VILLAGE agrees that any
new ordinances or fees or amendments to existing ordinances or fees
from and after the date hereof, which may be applied to the TRACT,
shall be non-discriminatory toward the TRACT.
The VILLAGE agrees not to interpret any such existing
or amended ordinances so as to prevent commencement of construction
of the buildings or other improvements or the development or use of
the subject property as shown on the PLAN by the DEVELOPER, provided
that all plans meet the requirements of all applicable ordinances
of the VILLAGE then in effect.
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19. UTILITY EASEMENTS AND RIGHTS OF WAY. The VILLAGE
agrees that it shall use its best efforts to aid in the acquisition
of such easements and rightsof way as may be necessary to provide
access of public utilities adequate to serve the subject. property
when fully developed in accordance with the PLAN. For this purpose,
the VILLAGE may, but shall not be required to exercise its powers
of condemnation. All costs in connection with the acquisition of
such easements and rights of way, including costs of condemnation,
if any, shall be borne by DEVELOPER, and. shall, in an amount de-
termined by the Village Attorney, be first deposited with the Village
Treasurer as a precondition to the VILLAGE's efforts to proceed
with acquisition or condemnation proceedings. It is agreed that
in the event it becomes necessary for DEVELOPER or VILLAGE to negoti-
ate or engage in condemnation proceedings for the purposes of acquir-
ing any such easement or rights of way necessary to serve the TRACT
that any obligation or undertaking of DEVELOPER in this Agreement which
is specified to take place within a designated time period, shall abate for
and be extended by the period of such negotiation or condemnation
g oceedings.
20. DEVELOPMENT IN GENERAL CONFORMITY WITH PLAN. The
DEVELOPER shall cause the TRACT to be improved in general conformity
with the land uses and standards as shown on the PLAN, except as
otherwise provided herein and as necessarily modified to solve engineer-
ing, layout and/or design problems not reasonably foreseeable at the
time of the execution of this Agreement. Any major engineering
change must be approved by the Village Engineer.
21. CONSTRUCTION IN PHASES. The Village agrees without
undue delay, to approve final plats and to issue all necessary
permits for the construction and operation of the development so
that the DEVELOPER may develop the TRACT in phases, but in accordance
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aith the layout as set forth in the PLAN, and provided that all
requirements have been complied with by DEVELOPER in reference to
public and private improvements for each Phase. For purposes of
this Paragraph and as it may be used elsewhere in this Annexation
Agreement, the term "Phase" shall apply to the various portions
or the TRACT which are subject to the several zoning classifications
and further shall apply to smaller parts of the TRACT falling within
each such portion so separately zoned, as determined by DEVELOPER
to be capable of separate development. That potion of the TRACT
designated as a numbered Parcel on the PLANnay or may not constitute
a Phase.
22. STOP ORDERS. The VILLAGE will issue no stop order
directing work stoppage in the building or parts of any Phase
without specifying the detailing the section of the Village Code
or portion thereof of this Agreement of the PLAN violated by the
DEVELOPER.
23. CERTIFICATE OF OCCUPANCY. The VILLAGE agrees to
issue Certificates of Occupancy within ten (10) days of application
or issue a letter of denial specifying and detailing to the DEVELOPER
the basis for the non -issuance of such Certificate of Occupancy,
including the section of the Code or portion thereof of this Agree-
ment or the PLAN relied upon by the VILLAGE. It is agreed, however,
that non -completion of an entire building shall not preclude the
issuance of occupancy certificate for any finished floor, floors
or portions thereof, subject, however, to the right of the Village
Manager to determine whether or not adequate provision has been
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made for the health and safety of the occupants of a partial
building.
24. PERMITS TO ISSUE WITHOUT PUBLIC IMPROVE`4ENT. It is
understood and agreed by the parties that building permits shall
be issued forthwith upon application and submission of plans drawn
in accordance with the Municipal Code of the VILLAGE provided, how-
ever, that appropriate provisions, as herein provided, have been
met to insure installation of public and private improvements, even
though said improvements may not exist at the time the application
for permit is sought; and further provided that temporary pro -vi-
sions are made for the protection of the health and safety of
person and property which are approved as adequate by the VILLAGE
Manager after consultation with his department heads.
25. RECAPTURE AGREEMENTS WITH DEVELOPER. VILLAGE and
DEVELOPER acknowledge that the water main lines to be constructed
in accordance with Exhibit "C" and the lift station, force main,
and sanitary sewer main lines to be constructed from the TRACT to the
Upper Salt Creek Sewage Treatment Plant in accordance with Exhibit
"D" shall serve and benefit not only the TRACT, but also properties
which may become a part of the VILLAGE. The VILLAGE agrees to
enter into a recapture agreement with DEVELOPER providing that:
(i) The costs of such public improvements (including engineering
fees) shall be apportioned over the TRACT and such other properties
as may be determined by the opinion of the Engineers of DEVELOPER
and VILLAGE, respectively, to benefit, over a period not to exceed
ten (10) years based on expected use; (ii) VILLAGE would require
the payment of the proportionate share, togetherwith interest at the rate oi�
_22_
six per cent (6%) per annum from the date hereof by each owner
of property so benefited as a condition to annexation to the
VILLAGE, provided such property connects to such improvements
Lis are instailed by DEVELOPER or extensions therefrom; (iii) Pay-
ment with interest to the date thereof is to be made no later
than the time of connection by such property; (iv) Payments re-
covered by the VILLAGE from the owners of benefiting properties
which are annexed to the VILLAGE on a date subsequent to the
expiration of the ten (10) year period herein shall inure to the
exclusive benefit of VILLAGE; and (v) Notwithstanding that the
same may otherwise be the proper subject of recapture of costs by
DEVELOPER, no right of recapture shall exist hereunder for any
portion of the water main lines which are not installed within
five (5) years from the date hereof or any portion of the lift
station, force main, or sanitary sewer main lines which are not
installed within three (3) years after the date hereof.
26. RIGHT OF DISCONNECTION AS A REMEDY. The parties
agree that the remedies available to the DEVELOPER, in the event
of a breach of this Agreement by the VILLAGE are inadequate, and
that DEVELOPER shall have (in addition to all other rights and
remedies including damages) the right to disconnect the TRACT,
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.
27. PROVISIONS TO BE CARRIED OVER TO ORDINANCE. It
is agreed that the provisions contained in this Agreement relating
to the development shall be carried over and contained in the
ordinances granting the Special Use Permit for the PLAN and the
requested zoning.
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0
28. EFFECTIVE TERM. This Agreement shall be effective
for a term of ten (10) years from the date of its execution.
Thereafter, all properties in the TRACT shall become subject to
the provisions of the Ordinance(s) adopted contemporaneously wit'i
and in pursuance of this Agreement and VILLAGE ordinances not in
conflict therewith, including the time limits that construction is
to commence and be completed, and to the provisions of Paragraph 16
hereof.
29. OBLIGATIONS THOSE OF DEVELOPER, NOT OF OWNER, ENFORCE -
PENT OF OBLIGATIONS AGAINST TRACT. It is recognized by the parties
hereto that there are obligations and commitments set forth herein
which are to be performed and provided for by the DEVELOPER and
not by the OWNER. The VILLAGE agrees that the OWNER as such is
exculpated from any personal liability or obligation to perform
the commitments and obligations set forth herein and that the
VILLAGE will look solely to the DEVELOPER for such performance,
except that to the extent that the OWNER or successor thereto shall
become a developer or shall designate or contract with a developer
other than SBL ASSOCIATES then, in that case, the OWNER or the
designee shall be subject to the liabilities, commitments and oblig-
ations of this Agreement. Notwithstanding the above, it is agreed
that the liabilities, commitments and obligations hereunder con-
stitute and shall remain burdens enforceable by proceedings in rem
against the TRACT and shall run therewith during the term of this
Agreement.
30. BINDING EFFECT. This Agreement shall bind DEVELOPER,
its successors and assigns, and VILLAGE, its Corporate Authorities
-24-
and successors in office, and be enforceable by order of court
pursuant to the provisions of the statutes made and provided.
Nothing herein shall in any way prevent alienation, sate or lease
of the subject property or portion thereof before or after the
same may be improved, except that said sale shall be subject to
the provisions hereof and of any ordinances enacted implementing
the same, and any subsequent owner shall be both benefited and
bound by the conditions and restrictions herein and therein
expressed.
31. OTHER AGREEMENTS.
A. DEVELOPER shall pay to VILLAGE the recapture charge
of $117.00 per acre provided for and in accordance with
the terms and conditions of General Ordinance No. 668
enacted by VILLAGE for the cost of construction of a
certain water transmission line by VILLAGE within and along
Beisterfield Road.
B. DEVELOPER and VILLAGE acknowledge that enactment of
its General Ordinance 522, VILLAGE has obligated itself
to collect on behalf of certain private parties a recapture
of the sum of $180.00 per acre for the cost of installation
of sanitary sewer lines which were intended to service
that real estate described and referred to within such
ordinance. DEVELOPER and VILLAGE further acknowledge
that notwithstanding that the TRACT falls within the
real estate described and referred to in said Ordinance
No. 522, it will not connect to or otherwise benefit
by the sanitary sewer lines for which such recapture
-25-
was provided. It is, therefore, agreed that DEVELOPER
shall deposit with the VILLAGE such sums as VILLAGE
is obligated to collect under the terms and provisions of
said Ordinance 522 within the time provided therein. Such
sums deposited by DEVELOPER shall be placed in Escrow on
interest bearing account pending final disbursement thereof,
with interest earned to be distributed by VILLAGE of such
sum to the final recipient thereof. Thereafter, VILLAGE
and DEVELOPER shall jointly seek to obtain waiver and re-
lease from those parties intended to benefit from said
Ordinance 522, as to such sums deposited. In the event
such parties fail to give the waivers and releases requested
within two (2) years after the date of DEVELOPER's deposit,
or if prior to that time, a demand is made upon VILLAGE
by such parties for said sum, DEVELOPER may, at its
election, initiate judicial action to recover such sum or
defend on behalf of VILLAGE, against any demand so made
at its own cost and expense, and in such event DEVELOPER
and VILLAGE shall be bound by such judicial determination
as may result. If DEVELOPER shall not commence such action
or defend such demand as may be made within the time pro-
vided herein, VILLAGE may, at its option, pay the sums
deposited by DEVELOPER to the parties intended to benefit
by Ordinance No. 522, aforesaid.
C. This Agreement constitutes a full recitation of all
agreements, undertakings, and conditions between the
parties, either express or implied, and supersedes any and
-26-
all prior annexation or other agreements between the
VILLAGE, OWNER, DEVELOPER or the predecessor in inter-
est of any of them.
32. REMEDIES. It is understood and agreed that all par-
ties hereto shall have all the rights and remedies as provided for
in state statutes, including the right to seek disconnection, or
to cause disconnection of any territory or part thereof wherein
either the DEVELOPER or the VILLAGE fails to abide by the terms of
this Agreement.
33. 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.
IN WITNESS WHEREOF, the parties have set their hands and
seals this 6th day of May ,1975, the same being
done after public hearing, notice and statutory requirements having
been fulfilled.
ATTEST:
C' 0/7
ATTEST=
RIVER FOREST STATE BANK AND TRUST
COMPANY, not individually, but as
Trustee under Trust Agreement dated
November 18, 1970, and known as
Trust No ---i68
SBL
r
i-Iw
s
B6inq all the Gerykral Partners
-27-
EXIHL 51`2 "A"
THAT PART OF TUE SOUTH HALF Dr SECTION 31, TOINISHIP hl NORTH, RANGE
11, EAST OF THE THIPO 1nIUCIOAL MERIDIAN, AS I' LLOWS: I'.E111G
MING AT THE SOUTHI;FST CORNF, OF SAID SECTIDN ?i; THF.MCF EAST ON ,.
LINE DLTWEEN COOK 6ND DU PAGE COUNTIES 47.60 CHAINS; THENCE NO401
20 CHAINS; THENCE EAST 8.35 CHAINS; TO THE EtS T LIME OF SAID SCCTICA;
THENCE NORTH 10,116 CI -DINS; THENCE WEST 51.`;C CHAINS TO THE LEST Ll'IE
OF SAID SECTION; THENCE SOUTH 30.50 CHAINS TC T01 PLACE OF BFGIH'IIN,
(EXCEPTING THEREFRO" THE SOUTH 2A FEET OF THE W'. -ST ?5 FEET
AND EXCEPTING FROM SAID PREAi151-S ALL THAT PART THEREOF LYING EAST
AND SOUTH OF THE FOLLOWING DESCRICED LINE: CDNMFNCING AT THE S07TI&EST
CORNER OF SAID SECTION 31; THENCE EAST ALONA THE SOUTH LINE THFR.";F
A DISTANCE OF 314936 FEET TO A POINT ON THE F45T LIN:' OF THE AnMEDFS--
CRIBED TRACT; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 8" FEET
TO A POINT; THFNCF WEST ALOLIG A STRAIGHT LINE PARALLEL WITH SAID SCOT'
LINE OF SAID SECTION A DISTANCE bF 45,tC FEET TO A POINT; 1HE1ICF NORTH
840 17' 41" WEST, ALONG A STRAIGHT LINE A DISTANCE OF 303,51 FEET
TO A POINT; THENCE WEST ALO.G A STRAIGHT LINE, PARALLEL WITH SAID
SOUTH LINE OF SAID SECTION A DISTANCE OF 43,9q FEET TO A POINT; THENCE
NORTH 90 00' 42" WEST ALONG A STRAIGHT LINE A DISTANCE OF 584.'`4
FEET TO A POINT; THENCE NORTH 120 32' 29" WEST ALONG A STRAIGHT LIKE,
A DISTANCE OF 507.04 FEET TO A POINT; THENCE NORTH 1?° 2' 30" WEST,
ALONG A STRAIGHT LINE A DISTANCE OF 776.20 FLET TO A POINT ON THE
NORTH LINE OF THE AFOREDE5CRIBCD TRACT; THENCE WEST ALONG SAID NORTH
LINE 306.63 FEET TO A POINT; SAID POINT BEING THE POINT OF FIEGINNI'.S
OF THE LINE HEREIN BEING DESCRIBED, SAID LINE RUNNING THENCE SOUTH
130 25'.36" EAST, ALONG A STRAIGHT LINL A DISTANCE OF 797.13 FEET
TU,A POINT; THENCE SOUTH 9° 34' 06" EAST, ALONG A STRIAGHT LINE A
DISTANCE OF 1179.14 FEET TO A POINT 11TENCL SOUTH `4° W 17" WEST,
ALONG A STRAIGHT LINE A DISTANCE OF W ."a FEET TO A POINT NHRMALL`'
DISTANT 90 FEET NORTH OF SAID SOUTH LINE OF SAID SECTION; THENCE S^U1H-
WESTERLY ALONG A STRAIGHT LINE A DISTANCE OF 350.14 FEET TO A POINT
NORMALLY DISTANT 80 FEET NORTH OF SAID SOUTH LINE OF SAID SECTION;
THENCE SOUTH ALONG A STRAIGHT LINE NORMAL TO SAID SOUTH LINE OF SAID
SECTION, TO SAID SOUTH LINE; AND EXCEPTING FROM SAID PP""nES THAT
PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER
OF SAID SECTION 31; THENCE EAST ALONG THE SOLITH LIME THEREOF A DISTANCE
OF 3111-5.56 FEET TO A POINT ON THE EAST LINE OF THE AFOREDESCRIBFD
TRACT; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF A FEET TO
A POINT; THENCE WEST ALONG A STRAIGHT LINE PARALLEL WITH SAID SOUTI-
LINE OF SAID SECTION A DISTANCE OF 45.56 FEET TO A POINT; THENCE Nr?TH
64o 17' 4'1" WEST, ALONG A STRAIGHT LINE'. A DISTANCE OF c03.51 FEET
TO A POINT; THENCE WEST ALONG A STRIAGHT LINE, PARALLEL WITH SAIL)
SOUTH LINE OF SAID SECTION A DISTANCE OF 43.9Q FEET TO A POINT; THFNCE
NORTH 9° 00' 42" WEST ALONG A STRAIGHT LINE A DISTANCE OF 5811.3 FEET
TO A POINT; THENCE NORTH 12° 36' 29" WEST, ALONG A STRAIGHT LINE,
A DISTANCE OF 507,04 FEET TO A POINT; THENCE NORTH 13° 35' 30"
ALONG A STRAIGHT LINE A DISTANCE OF 775.20 FEET TO A POINT ON THE
NORTH LINE OF THE AFOREDESCRIUED TRACT; THENCE WEST ALONG SAID NORTH -
LINE 306.03 FEET TO A POINT; THENCE SOUTH Ij° 25' 30" EAST, ALONG
A STRAIGHT LINE A DISTANCE OF 707.13 FEET TO A POINT FOR A POINT
OF BEGINNING; THENCE SOUTH 9° 34' 06" EAST, ALONG A STRAIGHT LINE
A DISTANCE OF 1179.14 FEET TO A POINT; THENCE. SOUTH 8hn 3L) 17" WEST,
ALONG A STRAIGHT LINE A DISTANCE OF 60 FEET TO A POINT; THENCE NORTHERLY
ALONG A STRAIGHT LINE A DISTANCE OF 1176.27 FEET MORE OR LESS TO THE
POINT OF BEGINNING.)