Loading...
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. -2- 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 -3- n 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 -5- C 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. M 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 -7- U 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 -8- 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) ZDZ 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 -10- 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 -11- 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 -12- 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 -13- 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 -14- 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- -15- 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. -16- 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 -17- 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. -19- 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 -20- 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 -21- 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. -23- 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.)