HomeMy WebLinkAboutRes 13-12 05/15/2012 Execution of an Annexation Agreement between VOMP and United Airlines (Portion of 1200 East Algonquin)1 j
The Cover Sheet was prepared,
under direction, by:
Janice Hill
Sr. Paralegal
Klein Thorpe and Jenkins, Ltd.
20 North Wacker Drive
Suite 1660
Chicago, IL 60606
( 2881 - 044 /GAW /jh)
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Doc #: 1220018067 Fee: $142.00
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 07/18/2012 03:00 PM F'g: 1 of 53
for Recorder's
COOK COUNTY, ILLINOIS
RECORDING COVER SHEET
FOR
RESOLUTION NO. 13 -12
"A RESOLUTION AUTHORIZING THE EXECUTION OF AN
ANNEXATION AGREEMENT BY AND BETWEEN THE VILLAGE
OF MOUNT PROSPECT AND UNITED AIR LINES, INC. (BLUE
SKY DEVELOPMENT) (PORTION OF 1200 EAST ALGONQUIN
ROAD)"
PINs: 08 -23- 100 - 008 -0000 (Part of)
1 RETURN TO RECORDER'S BOX 324 1
2906221
MAYOR M ount
VILLAGE MANAGER
Irvana K. Wilks
Michael E. Janonis
TRUSTEES
VILLAGE CLERK
Paul Wm. Hoefert
M. Lisa Angell
Arlene A. Juracek
A. John Korn
Phone: 847/392 -6000
John J. Mat
Fax: 847/392 -6022
Steven S. Polit
TDD: 847/392-6064
Michael A. Zadel
iozommountprospect.org
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of
Mount Prospect and as such, am a keeper of the records and files of said Village.
I do further certify that attached hereto is a true and correct copy of RESOLUTION NO. 13 -12
entitled "A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND UNITED AIR
LINES, INC. (BLUE SKY DEVELOPMENT) (PORTION OF 1200 EAST ALGONQUIN ROAD)"
passed and approved the 15th day of May, 2012 at which time the Village Board voted as
follows:
AYES: Hoefert, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: Juracek
all as appears in the official records and files in my care and custody.
Dated this 11 day of June, 2012.
M. Liia Angell'
Village Clerk
Village of Mount Prospect
Cook County, Illinois
(Seal)
RESOLUTION NO. 13 -12
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT BY AND BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND UNITED AIR LINES, INC.
(BLUE SKY DEVELOPMENT)(PORTION OF 1200 EAST ALGONQUIN ROAD)
WHEREAS, United Air Lines, Inc., a Delaware corporation (hereinafter the "Owner "), is
the owner of the real estate described in Exhibit A -1 of the Annexation Agreement referred to
below (hereinafter the "Property "); and
WHEREAS, Owner desires to enter into an Annexation Agreement (hereinafter the
"Annexation Agreement ") concerning the Property, and is ready, willing and able to enter into
said Agreement and to perform the obligations as required thereunder; and
WHEREAS, a true and correct copy of such Annexation Agreement is attached hereto
and made a part hereof as Exhibit A; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County,
Illinois, did hold a public hearing on May 15, 2012 to consider the Annexation Agreement for the
annexation of the Property, which is not presently within the corporate limits of any municipality
but is contiguous to the Village of Mount Prospect, and
WHEREAS, the statutory procedures provided in Chapter 65 ILCS 5/11- 15.1 -1 through
5/11- 15.1 -15, as amended, for the execution of said Annexation Agreement have been
complied with; the public hearing on said Agreement having been held pursuant to proper
notice; and
WHEREAS, the Corporate Authorities of the Village of Mount Prospect, Cook County,
Illinois, have determined that it is in the best interests of the Village of Mount Prospect that said
Annexation Agreement be entered into by the Village of Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING
IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION 1 : The Preambles hereto are hereby made a part of, and operative provisions
of, this Ordinance as fully as if completely repeated at length herein.
SECTION 2 : The Corporate Authorities of the Village of Mount Prospect hereby find
that it is in the best interests of the Village of Mount Prospect and its residents that the aforesaid
"Annexation Agreement" be entered into and executed by said Village of Mount Prospect, with
said Agreement to be substantially in the form attached hereto as Exhibit A.
SECTION 3: The President, for and on behalf of the Village of Mount Prospect, is
hereby authorized within her discretion to execute the Annexation Agreement.
SECTION 4 : The President and Village Clerk, for and on behalf of the Village, are
hereby authorized to execute any documents and to perform any acts necessary to effect the
fulfillment of all the terms and conditions of the Annexation Agreement.
SECTION 5 : This Resolution shall be effective immediately from and after its
passage by two- thirds of the Corporate Authorities and approval.
PASSED and APPROVED this day of May 15, 2012, by two - thirds of the Corporate Authorities
on a roll call vote as follows:
AYES: Hoefert, Korn, Matuszak, Polit, Zadel
NAYS: None
ABSENT: Juracek
Irvana K. Wilks
ATTEST: Mayor
M. Lisa Angell
Village Clerk
H: \CLKO \files \WIN \ORDINANC \UAL - resolution Annexation AgreementMay152012.DOC
UAL- resolution Annexation Agreementmay152012 (3).DOC 2
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ANNEXATION AGREEMENT
UNITED AIR LINES DEVELOPMENT
This Annexation Agreement (hereinafter referred to as the "Annexation
Agreement" or "Agreement ") is made and entered into this 15 day of May, 2012, by
and between the Village of Mount Prospect, Illinois, an Illinois home rule municipal
corporation ( "Village "), and United Air Lines, Inc., a Delaware corporation ( "Owner ")
(sometimes collectively referred to as the "Parties ")
WITNESSETH:
WHEREAS, Owner is the owner of record or certain real estate, the legal
description of which is set forth in attached Exhibit "A -1" ( "Annexation Realty ") ; and
WHEREAS, Owner is also the owner of record or certain real estate, the legal
description of which is set forth in attached Exhibit "A -2" ( "Village Realty ")(the
Annexation Realty and the Village Realty are collectively referred to herein as the
"Project Site" ; and
WHEREAS, the Annexation Realty constitutes territory which is contiguous to the
corporate limits of the Village and may be annexed to the Village as provided in Article
VII of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2004, as
amended); and
WHEREAS, the Village desires to annex and the Owner desires to have the
Annexation Realty annexed to the Village and each of the Parties desires to obtain
assurances from the other as to certain provisions of the zoning and other ordinances of
the Village for the Project Site when the Annexation Realty has been annexed and to
other matters covered by this Agreement for a period of twenty (20) years from and after
the execution of this Agreement; and
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WHEREAS, the Annexation Realty is an approximately 13.60 acre parcel of land
on which no electors reside; and
WHEREAS, all owner(s) of record of the Annexation Realty have signed a
Petition for Annexation of the Annexation Realty to the Village ( "Annexation Petition ");
and
WHEREAS, Owner has filed with the Village Clerk for zoning of the Annexation
Realty, zoning of the Village Realty, the granting of certain variances pertaining to the
Project Site and approval of a preliminary plat of subdivision for the Project Site
(collectively, the "Applications "); and
WHEREAS, the Applications were forwarded to the Planning and Zoning
Commission of the Village; and
WHEREAS, the Planning and Zoning Commission held a public hearing on April
26, 2012, for the purpose of considering whether, upon annexation, (a) the Annexation
Realty should be rezoned from the R -X Single Family Residence District to the 1 -1
Limited Industrial District under the Village Zoning Ordinance ( "Zoning Ordinance "); (b)
the Village Realty should be rezoned from the B -3 Community Shopping District to the I-
1 Limited Industrial District under the Zoning Ordinance; (c) certain variances and other
zoning relief for the Project Site should be granted; and (d) a preliminary plat of
subdivision should be approved for the Project Site; and
WHEREAS, the Planning and Zoning Commission has submitted to the
Corporate Authorities of the Village ( "Corporate Authorities ") its findings of fact,
recommendations and decision, where appropriate, with respect to said Applications;
and
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WHEREAS, on May 15, 2012, the Village, after notice in accordance with Section
5/11- 15.1 -3 of the Illinois Municipal Code, held a public hearing concerning this
Annexation Agreement;
WHEREAS, the Parties wish to enter into a binding agreement with respect to
this annexation, zoning and development and for other related matters pursuant to the
provisions of Division 15.1 of Article 11 of Act 5 of Chapter 65 of the Illinois Compiled
Statutes, and upon the terms and conditions contained in this Agreement; and
WHEREAS, all public hearings and other actions required to be held or taken
prior to the adoption and execution of this Agreement, in order to make the same
effective, have been held or taken, including all hearings and actions required in
connection with any variations from, amendments to and classifications under the
various sections of the codes, regulations and ordinances of the Village ( "Village
Municipal Code "), including the Zoning Ordinance, such public hearings and other
actions having been held pursuant to public notice as required by law and in
accordance with all requirements of law prior to adoption and execution of this
Agreement; and
WHEREAS, the Corporate Authorities of the Village and the Owner deem it to be
to the mutual advantage of the Parties and in the public interest that the Annexation
Realty be annexed to and developed as a part of the Village; and
WHEREAS, the development of the Annexation Realty, together with the Village
Realty, as provided in this Agreement will promote the sound planning and development
of the Village as a balanced community and will be beneficial to the Village and its
current and future residents; and
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WHEREAS, the Owner has proposed to develop the Project Site as an
office /warehouse development to house a data center; and
WHEREAS, the Corporate Authorities of the Village have examined the proposed
uses by Owner and have determined that those uses and the development of the
Project Site in accordance with this Agreement comply with the Comprehensive Plan of
the Village; and
WHEREAS, the Planning and Zoning Commission has recommended that
certain zoning relief be granted from the Village Municipal Code, that the Annexation
Realty be rezoned to the 1 -1 Limited Industrial District, that the Village Realty be
rezoned to the 1 -1 Limited Industrial District, and that a preliminary plat of subdivision be
approved for the Project Site, all as provided in this Agreement; and
WHEREAS, the Owner desires to have the Annexation Realty and the Village
Realty rezoned to the 1 -1 Limited Industrial District under the Zoning Ordinance; and
WHEREAS, the Corporate Authorities have determined that entering into this
Agreement is in the best interests of the Village.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, it is hereby agreed by and between the
Village and Owner as follows:
1. INCORPORATION OF RECITALS The Village and Owner agree that the
foregoing recitals are incorporated in this Agreement as if fully set forth.
2. ANNEXATION
Subject to the provisions of Article 7 of the Illinois Municipal Code, the Parties
agree to do all things necessary or appropriate to cause the Annexation Realty to be
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duly and validly annexed to the Village. The Village shall annex the Annexation Realty,
subject to the applicable provisions of law and the terms and conditions set forth in this
Annexation Agreement, at the next regularly scheduled meeting of the Corporate
Authorities following the public hearing on this Annexation Agreement and upon full
execution and delivery of this Annexation Agreement.
3. ZONING.
Upon annexation of the Annexation Realty, the Village Realty, as legally
described on Exhibit "A -2" and as depicted on the Preliminary Plat of Subdivision, dated
May 8, 2012 (the "Preliminary Plat ") and attached as Exhibit "B," shall be rezoned
pursuant to a valid and enforceable ordinance from B -3 Community Shopping District to
1 -1 Limited Industrial District.
Upon rezoning of the Village Realty, the Annexation Realty, as legally described
on Exhibit "A -1 " as depicted on the Preliminary Plat attached as Exhibit "B," shall be
rezoned pursuant to a valid and enforceable ordinance from R -X Single Family District
to 1 -1 Limited Industrial District.
Upon rezoning of the Village Realty, the following relief shall be granted from the
Zoning Ordinance pursuant to one or more valid and enforceable ordinances:
(A) a Variation to reduce the required number of parking spaces from two
hundred and sixty four (264) to one hundred sixteen (116), including
twenty four (24) land banked spaces;
(B) a Variation to reduce the required number of trees from three hundred and
one (301) to two hundred forty five (245) trees;
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(C) a Variation to allow a fence in the front yards along Dempster Street and
Algonquin Road; and
(D) a Variation to increase the height of a fence from five (5) feet to eight (8)
feet; subject to the following conditions:
1. Approval of an Annexation Agreement.
2. Approval of the Preliminary Plat prior to the issuance of a building permit.
3. Submittal of a final plat of subdivision within one year after receiving
Preliminary Plat approval by the Village Board.
4. Development of the Project Site in general conformance with the site plan
prepared by Graef USA and attached hereto as Exhibit "D," but revised to
provide a minimum of a ten (10) foot setback for the fence to allow landscaping in
between fence and front property lines;
5. Development of the building in general conformance with the building
elevations prepared by Page Southerland Page dated March 14, 2012 and
attached hereto as Exhibit "E," but revised to stagger the north building facade in
order to break up the visual expanse of the structure;
6. Development of the building in general conformance with the floor plans
prepared by Page Southerland Page, dated March 14, 2012;
7. Development of the site in general conformance with the landscape plan
prepared by Graef USA and attached hereto as Exhibit "C," but revised as
follows:
(a) Provide landscaping that is to a height of a minimum three feet (3')
in height across one hundred percent (100 %) of the Dempster Street
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property line, as it is across from residential property. Such
landscaping shall consist of berms, shade, and ornamental trees,
evergreens, shrubbery, and hedges;
(b) Provide landscaping that is to a height of a minimum three feet (3')
in height across at least fifty percent (50 %) of the Algonquin Road
property line. Such landscaping shall consist of berms, shade, and
ornamental trees, evergreens, shrubbery, and hedges;
(c) Providing one shade tree at the equivalent of not more than seventy
five feet (75') apart along the west, north, and south property lines;
(d) Providing clusters of shrubs that are a minimum height of three feet
(3') and contain seven (7) to nine (9) shrubs per cluster Clusters to
be spaced at intervals of approximately thirty five feet (35') along the
west and south property lines;
(e) Providing a shade tree and a minimum of 50% of live coverage in
each interior parking lot island; and
(f) Providing year round screening around ground mounted
mechanical /utility equipment.
As part of the final plan submittal the Owner must submit a more detailed
landscape plan that includes specifics regarding the specifications, size, and
number of all proposed landscaping material.
8. Submittal of a photometric plan that complies with Sections 14.314 and
14.2219 of the Village Municipal Code;
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9. Submittal of fixture cut - sheets for exterior lights that comply with Village
Municipal Code;
10. Prior to the issuance of a Certificate of Occupancy, execution of a
covenant, in a form acceptable to the Director of Community Development, which
authorizes the Village to require the property owner 1) to use the land
designated as land banked parking spaces for additional parking, and /or 2) to
construct additional parking spaces on site and /or provide the use of off -site
parking pursuant to Sec. 14.2206 of the Village Municipal Code, in the event that
the use intensifies so as to require more than the one hundred and sixteen (116)
parking spaces initially permitted. Such covenant shall be recorded at the Cook
County Recorder's Office, run with the land and specify the authority of the
Village to require the additional parking, if and when it deems necessary, subject
to enforcement in the Circuit Court of Cook County;
11. Prior to the issuance of a building permit, the petitioner shall provide final
civil engineering drawings for review and approval by the Village. The
engineering drawings shall include all site work including utilities, storm water
detention, and associated improvements;
12. Development of the Project Site in accordance with all applicable
provisions of the Village Municipal Code, including, but not limited to, detention
requirements, Fire Prevention Code regulations, lighting regulations, Sign Code
regulations; and building regulations; and
13. A building permit, in accordance with the current regulations and
requirements of the Village of Mount Prospect, must be issued within one (1)
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year from the date of adoption of the enabling ordinance by the Village Board
which authorized the development proposal. The development approvals
granted herein, without need for further action by any Village board, commission
or official, shall become null and void if no building permit is issued within the one
(1) year requirement or if the improvements are not completed within a period of
eighteen (18) months after commencement of construction.
In the event that the Village fails to enact the ordinances referenced herein as
and when required, Owner may, in addition to exercising any other remedies
available to it, terminate this Agreement in which case this Agreement shall be
and become null and void and shall have no further effect. In addition, if the
Village annexes the Annexation Realty to the Village but fails to enact the other
ordinances referenced herein as and when required, Owner may petition to
disconnect the Annexation Realty and the Village Realty (and such other realty to
meet the applicable statutory requirements) from the Village, and the Village shall
(a) not oppose such disconnection and (b) thereafter take all steps necessary to
disconnect the Annexation Realty and the Village Realty (and such other realty to
meet the applicable statutory requirements) from the Village as soon as is
practicable.
4. SUBDIVISION APPROVAL
To the extent the Preliminary Plat is not approved simultaneously with this
Agreement, the Village shall approve the Preliminary Plat within twenty -one (21) days of
the annexation of the Annexation Realty.
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5. DEVELOPMENT
Subject to the receipt of all necessary government approvals and permits, the
Project Site shall be developed in accordance with the Site Plans prepared by Graef
USA, attached as Exhibit "C." The Parties agree and acknowledge that the
development will be undertaken in two phases and such phases are depicted on the
Site Plans. Owner shall be deemed in compliance with its construction obligations
under this Agreement provided that it completes the firsts phase of improvements in
accordance with terms and conditions of this Agreement. Notwithstanding the
foregoing, such deemed compliance shall not relieve Owner from complying with all
applicable Village Municipal Code provisions in the construction of the second phase of
improvements to the extent that Owner undertakes the second phase of improvements.
There will be developed and constructed on the Project Site a one story building
to be constructed in, as provided above, two phases all in accordance with Exhibit "C ".
The building facades, architectural style and details shall be as shown on the elevations
attached as Exhibit "D" but subject to the modifications to the north building fagade as
referenced in Section 3
►A I I &I FAI ► FBI ' G QW-IffilW
Upon annexation of the Annexation Realty and the approval of the Preliminary
Plat of Subdivision, the Village shall issue all necessary permits and approvals for
development of the Project Site in accordance with this Annexation Agreement and the
applicable regulations of the Village and any other governmental agencies having
jurisdiction over the property.
lul
7. EASEMENTS
To the extent the Preliminary Plat does not provide for easements the Village
may require on or within the Project Site, Owner shall provide all easements on or within
the Project Site, which may be reasonably required by the Village to enable the Project
Site to receive water, provide for storm water drainage and detention, sanitary sewer,
electric, telephone, gas and cable television service; provided, however, that any such
easements required by the Village shall not unreasonably interfere with Owner's
development and /or use of the Project Site. The Village shall be a named grantee in all
such easements along with the applicable utility companies and cable television
operator to the extent applicable. The location for all public improvements, if any and
final engineering plans for such improvements shall be subject to Village approval.
8. FEES /CHARGES /STANDARDS
Owner agrees to pay all building permit fees and similar permit fees, including
applicable water main and sanitary sewer connection charges, as required by the
Village Municipal Code at the time of the application for respective permits. The Village
shall not impose any fee or charge upon the Project Site, which is not required by the
Village Municipal Code as of the date of this Annexation Agreement. The Village may
impose new fees or increase permit fees, plan review and inspection fees and license
fees (of general applicability throughout the Village) that are applicable to or required to
be paid by the Owner, contractors, subcontractors, material suppliers, or others
performing the work or supplying materials in connection with the development of the
Project Site. However, such new fees or increases shall not take effect regarding the
Project Site for a period of six (6) months after the passage of the increase. If, during
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the term of this Annexation Agreement, any such fees applicable to any area in the
Village or any particular type of work are reduced, the fees applicable to the Project Site
and to the type of work being done on the Project Site shall be reduced accordingly.
If, during the term of this Annexation Agreement, any existing, amended,
modified, or new ordinances, codes, or regulations affecting the Zoning, Variances,
subdivision, development, construction of improvements, buildings, or appurtenances,
or any other development of any kind or character on the Project Site are amended or
modified in a manner to impose less restrictive requirements, such requirements shall
inure to the benefit of the Owner and the Project Site, and anything in this Annexation
Agreement to the contrary notwithstanding, the Owner may elect to proceed with
respect to the development of or construction on the Project Site on the less restrictive
amendment or modification applicable generally to all properties within the Village.
9. CONTRIBUTIONS
Except as set forth in 10 below, Owner shall not be required to make any land,
cash and /or other donation to any school, park /recreation, fire, police or library district or
unit or any other governmental entity during the term of this Agreement, provided
nothing in this Agreement shall limit Owner's obligation to pay ad valorem real estate
taxes uniformly applied to any property within the Village, District or unit. The Village
represents and warrants to Owner that there are no recapture fees due and owing for
the Project Site and that no recapture agreements encumber the Project Site.
10. FIRE DISTRICT
It is the Village's and the Owner's intent that, by operation of law and in
accordance with Illinois Compiled Statutes, Chapter 70, Section 705/20, the Annexation
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Realty shall, upon its annexation to the Village, be disconnected from the fire protection
district in which it is located at no cost to the Village. The Parties agree to cooperate in
such disconnection. Owner and /or the successor owner of any lot platted within the
Project Site shall reimburse the Village for any funds expended by the Village, including,
but not limited to, any payments required by 70 ILCS 705/20(e), and any reasonable
legal fees and litigation costs; provided, however, that in the event that the fire
protection district challenges the disconnection, the Village shall not make any
payments required or contemplated by 70 ILCS 705/20(e) during the pendency of such
challenge. The Village shall provide notice to the fire protection district regarding this
Annexation Agreement in the manner required by law.
11. ROAD IMPROVEMENTS
The Owner shall pay the actual costs to improve the portions of Algonquin Road
and Dempster Street contiguous to the Project Site (to the extent required by the Illinois
Department of Transportation), all in accordance with engineering plans as may be
approved by the Village and, as applicable, the Illinois Department of Transportation.
Those improvements shall include those required, if any, pursuant to Section 15.402,
Development Requirements, of Article IV, Development Procedures and Regulations, of
the Village Municipal Code.
12. LIST OF ALL CONTRACTORS ON EACH DEVELOPMENT SITE The
Owner shall have the continuing responsibility for maintaining and supplying the
Village's Chief of Police with a current and accurate list of all contractors and major
subcontractors, and their after -hours telephone numbers, while they are undertaking
construction of improvements on the Project Site.
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13. UNDERGROUND UTILITIES Owner shall have the right to raise in
accordance with the requirements of the utility owning such overhead lines (in the
instance of clauses (i) and (ii), "Excepted Above Ground Utilities "): (i) those overhead
utility lines along Dempster Street and Algonquin Road, and (ii) the existing overhead
utility lines (but not any newly constructed utility lines) along Dempster Street and
Algonquin Road. All other utilities on the Project Site or newly constructed off -site
utilities to service the Project Site (other than the Excepted Above Ground Utilities),
including but not limited to, all electrical, telephone, cable television and natural gas
distribution facilities (excluding temporary services during development and electrical
transformers and meters for natural gas and electricity, shall be installed underground
or located within buildings at the time of development of the Project Site.
14. UTILITIES (WATER) The Village represents and warrants that there is
sufficient sanitary sewer and potable water service capacity within the Village to service
the proposed improvements on the Project Site. The Village shall provide such services
to the Project Site in accordance with the Village Municipal Code and such other
generally applicable Village rules and regulations governing the provision of such
services.
15. REASONABLENESS OF FEES AND CHARGES [INTENTIONALLY
OMITTED].
16. REQUIRED FUTURE FINAL SITE PLAN AND FINAL ENGINEERING
IMPROVEMENT PLAN APPROVALS
Owner shall obtain all site plan, plat and
engineering approvals for the development of the Project Site as may be required by the
Village Municipal Code.
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17. FAILURE TO COMPLETE WORK OR MAINTENANCE The work of
constructing any building, utility, road and site and landscape improvements shall be
prosecuted diligently from its commencement through completion. Unless otherwise
specifically authorized in writing by the Village, the construction of buildings and
installation of utility, site and landscape improvements shall be completed in accordance
with a schedule approved by the Village Staff, including any modification resulting from
force majeure events and Owner's commercially reasonable assessment of market
conditions affecting the Project Site and its improvements (hereinafter the "market
conditions ")
In the event the Owner (in the sole discretion of the Village) fails to comply with
the provisions of this Paragraph 17, pertaining to completion of work or maintenance
obligations, the Village shall serve notice on the Owner of such non - compliance in
writing. If the Owner fails to commence the performance of such work within the
allocated time (which shall be not less than 30 days after receipt of notice of non-
compliance or such longer period as may reasonably be necessary) and thereafter
diligently pursue its completion (subject to force majeure events and the aforesaid
market conditions), the Village may perform or cause to be performed any and all
necessary work to complete any public improvements and submit all costs and
expenses to the Owner for prompt payment. If the Owner fails to reimburse the Village
for the costs and expenses within 60 days after rendition of a reasonably detailed
invoice; the Village may exercise its right to file a lien on the portion of the Project Site
which is most proximate to the incomplete or unmaintained public improvements.
Promptly after the Village's receipt of a written request from the Owner(or its
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successor(s)), the Village agrees to deliver to Owner (or its successor(s)) a statement of
whether there are any such unpaid costs or expenses, and if so, the amount.
18. CONSTRUCTION MANAGEMENT PLAN As part of the application to
the Village for a building permit for the Project Site, the Owner shall provide the Village
with a Construction Management Plan, subject to reasonable approval by the Village
Staff, that specifies the plan for all means of ingress and egress (including that for
emergency vehicles) to and from the Project Site. The plan shall also include the
location of all temporary structures, trailers, signs, restrooms and areas designated for
parking for construction employees. Except for signs, all temporary structures shall be
placed as inconspicuously as possible, but to nonetheless allow for view from a police
or fire vehicle. The required placement of temporary structures shall not cause
inconvenience to Owner or its contractors or to the owners and occupants of adjoining
property. The plan shall contain the following statement: "Temporary buildings,
structures, signs and trailers shall be permitted for construction purposes only, and shall
only be permitted during the construction of a permanent building or other
improvements. The temporary structures shall be removed prior to the time a
Temporary or Final Certificate of Occupancy is issued."
19. EQUIPMENT AND CONSTRUCTION SITE All construction equipment
used in clearing, excavating, grading or constructing a structure shall be loaded and
unloaded only within the boundary lines of the building site. During clearing,
excavating, grading or constructing, the Owner and its contractors shall cause the roads
bordering the Project Site to be kept clear of all dirt and debris. Any debris or soils
spilled on any offsite roadway within the Village of Mount Prospect shall be cleaned by
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the Owner within one hour of the spill. Upon completion of any construction, the Owner
and its contractors shall cause all such roads, private drives, parking areas and
adjoining roads to be "broom clean" of all debris and dirt caused by such construction.
20. IMPROVEMENT SCHEDULES, UNCOMPLETED BUILDINGS, ROADS,
PARKING AREAS, LANDSCAPE IMPROVEMENTS AND UTILITIES If in the event
construction of any building, road, parking area or installation or any necessary utility
has been commenced by Owner and ceases for a period of one (1) year, or falls behind
the approved schedule (except for force majeure events or market conditions) by two
(2) or more years, the Village may demand that Owner re -start construction (in the case
of cessation of construction) or accelerate construction (in the case of schedule delay)
and Owner shall promptly comply with such demand. If the event that Owner does not
promptly comply or fails to diligently perform, the Owner, upon written demand by the
Village, shall raze and remove any uncompleted building, and landscape the affected
area in accordance with Village standards. Installation of any required road, utility and
storm water management system shall be completely installed and operational
according to the subject schedule.
21. SUPERSEDING GOVERNMENTAL REQUIREMENTS Notwithstanding
anything to the contrary contained in this Annexation Agreement, if Federal, State or
County regulations are more stringent than the requirements of the Village and the more
stringent standards preempt the Village's standard and are required by law to be
applied to the Property, then the Village shall have the right to apply the more stringent
standards.
17
22. TEMPORARY CONSTRUCTION ROAD Owner agrees to maintain the
surface of any temporary construction road, and keep the road clear of snow,
construction debris and materials, and construction and employee vehicles at all times
so that it is accessible by public safety and other emergency vehicles.
23. COMBUSTIBLE MATERIALS Except as may be necessary for the
refueling of construction equipment, no combustible materials may be delivered to the
site of any construction on the Project Site until water and all fire hydrants are available
on the Site.
24. DECLARATION Any declaration, covenants and restrictions required by
law to be placed of record by the Owner shall be subject to the reasonable approval of
the Village Attorney to insure compliance with this Annexation Agreement and all
applicable Village codes and ordinances. Such documents shall include a provision by
which the Village has the right, but not the obligation, to enforce the covenants and
obligations of encumbered Parties or property. At the cost and expense of the
association or owner or owners so encumbered, the Village shall have the further right,
upon thirty (30) days written notice specifying the nature of the default, to enter on
common open spaces and cure or cause the cure of those defaults whose cure had not
been commenced within thirty (30) days after receipt of such notice and that have not
been diligently prosecuted to completion. The Village shall also have the right to charge
or place a lien on the applicable portion of the Project Site for the repayment of such
costs and expenses, including reasonable attorneys' fees, for enforcing such
obligations. Promptly after the Village's receipt of a written request from the Owner (or
its successor(s) or assign(s)), the Village agrees to deliver to Owner (or its successor(s)
in
or assign(s)) a statement of whether there are any such unpaid costs or expenses, and
if so, the amount of such expense.
25. SEPARABILITY
The provisions hereof shall be deemed to be separable, and if any section,
paragraph, clause, provision or item herein shall be held invalid, the invalidity of such
section, paragraph, clause, provision, or item shall not affect another provision hereof,
provided, however, the Village shall under no circumstances be required to incur any
liability or loss or incur any expense for any reason in the event that any such section,
paragraph, clause, provision or item is held invalid.
26. NOTICE.
Unless otherwise notified in writing, all notices, requests and demands shall be in
writing and shall be delivered to or mailed by certified mail, return receipt requested, as
follows (such notices mailed shall be considered as served on the date of the
postmark):
If to OWNER: United Air Lines, Inc.
233 South Wacker Drive
Chicago, IL 60606
Attention: Vice President, Corporate Real Estate
With a copy to: United Air Lines, Inc.
233 South Wacker Drive
Chicago, IL 60606
Attention: General Counsel
With a copy to: Andrew P. Scott
Dykema
10 South Wacker Drive
Suite 2300
Chicago, IL 60606
If to VILLAGE: Village of Mount Prospect
Department of Community Development
50 South Emerson Street
19
Mount Prospect, IL 60056
With a copy to:
Mr. Everette M. Hill, Jr.
Klein, Thorpe & Jenkins, Ltd.
20 N. Wacker Drive
Suite 1660
Chicago, Illinois 60606 -2903
or to such other address as any party may from time to time designate in a written
notice to the other parties.
27. GENERAL PROVISIONS
A. Facilitation Of Development It is understood and agreed that the
successful consummation of this Agreement and the development of the
Project Site is in the best interests of Owner and the Village requires their
continued cooperation. Subject to the terms of this Agreement, Owner
hereby evidences its intention to fully comply with all the Village
requirements and its willingness to discuss any matters of mutual interest
that may arise, as well as its willingness to assist the Village to the fullest
commercially reasonable extent. The Village does hereby evidence its
willingness to, when reasonably requested, cooperate in the resolution of
mutual problems, and its willingness to facilitate the development of the
Project Site, as contemplated by the provisions of this Agreement. This
shall include but not limited to cooperating with Owner as an applicant or
otherwise to enable Owner to obtain all governmental approvals or permits
reasonably necessary for the development of the Project Site in
accordance with this Agreement from all federal, state, county and other
governmental or quasi - governmental entities. This shall include but not
20
limited to the Federal Highway Department, the Illinois Department of
Transportation, the Illinois Environmental Protection Agency, the Elk
Grove Township Highway Department and /or the Army Corps of
Engineers. The Village and Owner shall do all things necessary or
appropriate to carry out the terms and provisions of this Agreement and to
aid and assist each other in carrying out the terms and objectives of this
Agreement. This shall include, without limitation, the giving of such
notices, the holding of such public hearings, the enactment by the Village
of such resolutions and ordinances, and the taking of such other actions
as may be necessary to enable the Village's and Owner's compliance with
the terms and objectives of this Agreement.
B. Continuity of Obligations
(i) Except as otherwise may be provided, the provisions of this
Agreement shall be binding upon the successors and assigns in
title to the Owner.
(ii) In the event of any sale, transfer or conveyance by Owner of any
portion of the Project Site, Owner shall notify the Village in writing,
within ten (10) working days after the closing of such sale, transfer
or conveyance, of any and all successors and assigns in title to all
or any portion of the Project Site. Such written notice shall include
the name(s) of such successor(s) and assigns, the date of such
sale, transfer or conveyance, and a copy of the title commitment
identifying the grantee, the real estate sold, transferred or
21
1 6
conveyed, and such other information as is usually and customarily
included in a title commitment for the sale, transfer or conveyance
of real estate. Failure to give timely notice shall not constitute a
default, but shall be governed by the remaining provisions of this
Paragraph 27B.
(iii) Upon the condition that the requirements of this Paragraph 27B
have been met, this Agreement shall be binding upon Owner's
successors and assigns. However, only those benefits specifically
assigned by Owner in writing to any successor owner or assign
shall inure to the benefit of such successor owner or assign.
Further, this Agreement shall be binding upon the Village and the
successor Corporate Authorities of the Village and any successor
municipality. Notwithstanding any provision of this Agreement to
the contrary, in the event that the requirements of this Paragraph
27B have not been met, this Agreement shall be binding upon, but
shall not inure to the benefit of Owner's successors and /or assigns
in title in any manner until such time as Owner has given the Village
the notice required by this Paragraph 27B.
(iv) Notwithstanding any provision of this Agreement to the contrary,
including but not limited to the sale, transfer or conveyance of all or
any part of the Project Site by Owner in accordance with Paragraph
27B above, the Owner shall at all times during the term of this
Agreement remain liable to the Village for the faithful performance
22
of all obligations imposed upon Owner by this Agreement until such
obligations have been fully performed, or until the Village, at its sole
option, has otherwise released Owner from any or all of such
obligations, or as otherwise set forth in this Paragraph 27(B)(iv). By
the delivery of the notice to the Village required by Paragraph
27(B)(ii), the Owner, if not in default of any of its obligations under
this Agreement, shall be released from the obligations under this
Agreement that (1) pertain to the portion of the Project Site for
which fee title is sold, transferred or conveyed, and (2) that accrue
or arise on and subsequent to the date such notice is received by
the Village, except that, Owner shall remain obligated, as follows:
a. To complete the construction of the Road Improvements,
described in Paragraph 11 to the extent required by Illinois
Department of Transportation; and
b. To reimburse the Village pursuant to Paragraph 10, except that
Owner may be released from such obligation, as to any
conveyed portion of the Project Site, if Owner provides the
Village, in a form satisfactory to the Village, proof that it has
given notice to its successors or assigns in title to any portion of
the Project Site of their obligations pursuant to Paragraph 10,
and sets forth the manner in which such successors or assigns
will reimburse the Village, including their prorata share of any
such obligations.
23
(v) Owner's successors and assigns of any portion of the Project Site
shall be obligated under this Agreement only as it pertains to that
portion of the Project Site, except as otherwise provided herein.
(vi) Except as otherwise provided in this Paragraph 2713, all the terms
and conditions of this Agreement shall constitute covenants running
with the land. The Village agrees that upon request from Owner,
the Village shall promptly deliver one or more estoppel certificates
certifying that this Agreement is in full force and effect (unless such
is not the case, in which case the Village shall specify the basis for
such claim), that Owner is not in default of any term, provision or
condition of this Agreement beyond the period of any applicable
notice and cure provision (or specifying each such claimed default)
and certifying such other matters reasonably requested by Owner.
C. Court Contest In the event the annexation of the Annexation Realty, the
classification of the Annexation Realty for zoning purposes or other terms
of this Agreement are challenged in any court proceeding, the period of
time during which such litigation is pending shall extend the term of this
Agreement day- for -day from the date of the filing of such action to and
including the date of any final nonappealable order.
D. Remedies The Village and Owner, and their successors and assigns,
covenant and agree that in the event of default of any of the terms,
provisions or conditions of this Agreement by any party, or their
successors or assigns, which default has not commenced to be corrected
24
within thirty (30) days after written notice to any party to such default and
thereafter prosecuted with diligence to completion, the party seeking to
enforce that provision shall have the right of specific performance and if
that party prevails in a court of law, it shall be entitled to specific
performance. It is further expressly agreed by and between the Parties
that the remedy of specific performance shall not be exclusive of any other
remedy afforded by law to the Parties, or their successor or successors in
title. Provided, however, the Parties hereby waive the right to
consequential and punitive damages, except in the instance of the willful
act(s) of the defaulting party.
E. Dedication of Public Lands In no event, including (without limitation) the
exercise of the authority granted in Section 5/11 -12 -8 of Division 11 of Act
5 of Chapter 65 of the Illinois Compiled Statutes, shall the Corporate
Authorities of the Village require that any part of the Project Site be
designated for public purposes except as may be consented to in writing
by Owner.
F. Survival of Representations Each of the Parties agrees that the
representations, warranties and recitals set forth in the preambles to this
Annexation Agreement and in this Paragraph 27 are material to this
Agreement and the Parties confirm and admit their truth and validity and
incorporate such representations, warranties and recitals into this
Agreement and the same shall continue during the period of this
Agreement.
25
G. Captions and Paragraph Headings The captions and paragraph
headings are for convenience only and are not a part of this Agreement
and shall not be used in construing it.
H. Reimbursement of Village for Legal and Other Fees and Expenses
(i) To Effective Date of Agreement The Owner, concurrently with
annexation, zoning and issuance of the Variances of and for the
Project Site, shall reimburse the Village for the following expenses
incurred to the effective date of this Agreement in the preparation
and review of this Agreement, and any ordinances, letters of credit,
plats, easements or other documents relating to the development of
the Project Site:
(a) [Intentionally omitted];
(b) all reasonable attorneys' fees incurred by the Village in
connection with this Annexation Agreement and the
annexation and zoning of the Project Site; and
(c) miscellaneous Village expenses, such as legal publication
costs, recording fees and copying expense.
(ii) From and After Effective Date of Agreement:
(a) Except as provided in this subsection, upon demand by the
Village made by and through its Manager, Owner from time
to time shall promptly reimburse the Village for all
reasonable expenses and costs incurred from and after the
effective date of this Agreement by the Village in the
26
administration of this Agreement. This may include
attorneys' fees and out -of- pocket expenses involving various
and sundry matters such as, but not limited to, preparation
and publication, if any, of all notices, resolutions, ordinances
and other documents required hereunder, and the
negotiation and preparation of letters of credit and escrow
agreements, if any, to be entered into as security for the
completion of public improvements.
Such costs and expenses incurred by the Village in the
administration of the Agreement shall be evidenced to the
Owner upon its request, by a sworn statement of the Village;
and such costs and expenses may be further confirmed by
the Owner at its option from additional documents
designated from time to time by the Owner relevant to
determining such costs and expenses.
Except for the statutory reimbursement of the Fire Protection
District as set forth in Paragraph 10, Owner shall in no event
be required to reimburse the Village or pay for any expenses
or costs of the Village as aforesaid more than once, whether
such are reimbursed or paid through special assessment
proceedings, through fees established by the Village
ordinances or otherwise.
(b) In the event any third party or parties institute any legal
27
proceedings against the Owner and /or the Village, which in
any way relate to the carrying out of the terms of this
Agreement, then, in that event, except for legal proceedings
pertaining to a breach of the Village representations,
warranties, obligations, and /or recitals set forth in the
preambles to this Annexation Agreement and in this
Paragraph 27, on written notice from the Village, the Owner
shall assume, fully and vigorously, the entire defense of such
legal proceedings and all expenses of whatever nature;
provided, however:
i. Owner shall not make any settlement or
compromise of the legal proceedings, or fail to
pursue any available avenue of appeal of any
adverse judgment, without the approval of the
Village.
ii. If the Village, in its sole discretion, determines
there is, or may probably be, a conflict of
interest between Village and Owner, on an
issue of importance to the Village having a
potentially substantial adverse effect on the
Village, then the Village shall have the option of
being represented by its own legal counsel. In
the event the Village exercises such option,
then Owner shall reimburse the Village, from
time to time, on written demand from the Mayor
of Village and notice of the amount due, for any
expenses, including but not limited to court
costs, reasonable attorneys fees and
witnesses' fees, and other expenses of
litigation, incurred by the Village.
iii. In the event the Village institutes legal
proceedings against Owner for violation of this
Agreement and secures a judgment in its favor,
the court having jurisdiction shall determine
and include in its judgment against Owner all
NQ
expenses of such legal proceedings incurred
by the Village, including but not limited to the
court costs and reasonable attorneys' fees,
witnesses' fees, etc., incurred by the Village
(and any appeal). Owner may, in its sole
discretion, appeal any such judgment rendered
in favor of the Village against Owner.
iv. In all instances that, through Owner's counsel,
the Village is being represented in any such
legal proceedings, the Village agrees to fully
and timely cooperate with such Owner's
counsel.
I. No Waiver or Relinquishment of Right to Enforce Agreement Failure of
any party to this Agreement to insist upon the strict and prompt
performance of its terms, covenants, agreements and conditions, or any of
them, upon any other party imposed, shall not constitute or be construed
as a waiver or relinquishment of any party's right to enforce any such
term, covenant, agreement or condition, but the same shall continue in full
force and effect.
J. Village Approval or Direction Where the Village approval or direction is
required by this Agreement, such approval or direction means the
approval or direction of the Corporate Authorities of the Village, unless
otherwise expressly provided or required by law. Any such approval may
be required to be given only after and if all requirements for granting such
approval have been met, unless such requirements are inconsistent with
this Agreement.
K. Recording A copy of this Agreement and any of its amendments shall be
recorded by the Village at the expense of the Owner.
29
L. Authorization to Execute The duly authorized individual, on behalf of
Owner, executing this Agreement warrants that he or she has been
lawfully authorized, pursuant to Owner's organizational documents,
including Owner's Operating Agreement, to execute this Agreement on
behalf of said Owner. The Mayor and Clerk of the Village warrant that
they have been lawfully authorized by the Village Board to execute this
Agreement. The Owner and the Village shall deliver to each other, upon
written request, copies of all bylaws, joint venture agreements, resolutions,
ordinances or other documents required to legally evidence the authority
to so execute this Agreement on behalf of the respective entities.
M. All Action Taken The Village hereby represents and warrants to Owner
that it has the authority to enter into this Agreement as a valid and legally
binding agreement. The Village has taken all action required by law,
including the holding of such public hearings as may be required, to bring
about the amendments and exceptions to the Zoning Ordinance, and
other related ordinances, and the adoption of such other ordinance
amendments, exceptions and variances, as may be necessary or proper
in order to zone and classify the Annexation Realty and the Village Realty
as provided herein. This is done to enable the same to be used and
developed as contemplated herein and to enable the Village and Owner to
execute this Agreement and fully carry out all the covenants, agreements,
duties and obligations created and imposed by its terms and conditions.
30
Owner hereby represents and warrants to Village that it has the
authority to enter into this Agreement as a valid and legally binding
agreement and that it has taken all action required by law as may be
necessary or appropriate to bind the Owner and to enable the Village and
Owner to execute this Agreement and fully carry out all the covenants,
agreements, duties and obligations created and imposed by its terms and
conditions.
N. Amendment This Agreement sets forth all the promises, inducements,
agreements, conditions and understandings between the Owner and the
Village. There are no promises, agreements, conditions or
understandings, either oral or written, express or implied, between them,
other than are set forth in this Agreement. Except as otherwise provided,
no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the Parties, unless authorized in
accordance with law, reduced in writing and approved by Owner or any
successor designated in writing by Owner and the Village. Any
amendment to the Variations granted pursuant to this Agreement, the site
plans, landscape plans, elevations, the preliminary or final plat of
subdivision or any approvals or permits arising out this Agreement shall
not be deemed an amendment to this Agreement.
O. Counterparts This Agreement may be executed in two (2) or more
counterparts, each of which taken together, shall constitute one and the
same instrument.
31
P. Exhibits All attached exhibits are made a part of this Agreement.
Q. Conflict Between the Text and Exhibits In the event of a conflict in the
provisions of the text of this Agreement and its Exhibits, the text of the
Agreement shall control and govern.
R. Term of Agreement The Agreement shall be in full force and effect for a
term of twenty (20) years from and after the effective date of this
Agreement except to the extent extended, as provided herein. The validity
of the approvals granted and ordinances passed pursuant to Section 2
and Section 3 hereof shall survive termination or expiration of this
Agreement.
S. Effective Date of Annexation The annexation of the Annexation Realty to
the Village shall become effective immediately upon the adoption by the
Village of an ordinance approving annexation of the Annexation Realty to
the Village and approving this Agreement.
T. Definition of Village When the term the Village is used it shall be
construed as referring to the Corporate Authorities of the Village unless
the context clearly indicates otherwise.
U. Execution of Agreement This Agreement shall be signed last by the
Village. The Mayor shall, on Page 1, affix the date on which she signs this
Agreement, which date shall be the effective date of this Agreement.
V. Venue The Parties agree that for purposes of any lawsuit(s) between
them concerning this Agreement, its enforcement, or its subject matter,
32
venue shall be in Cook County, Illinois, and the laws of the State of Illinois
shall govern the cause of action.
W. Conflict Between Ordinances and Agreement In the event of a conflict
between any of the Municipal Codes applicable to the Project Site,
including the Zoning Ordinance, and the terms of this Agreement, the
terms of this Agreement shall control.
X. Force Maieure If either Party fails to perform timely any of the terms,
covenants or conditions of this Agreement to be performed by such Party
and such failure is due in whole or in material part to any change in law,
strike, unmediated lockout, civil disorder, failure of power, inability or delay
in procuring materials or necessary approvals and /or permits (unless
directly caused by the unreasonable action or inaction of Owner or Village,
as applicable), riots, insurrections, war, fuel shortage, acts of God, acts of
terrorism, then such Party shall not be deemed in default under this
Agreement as a result of such failure and any time for performance by
such provided for herein shall be extended by the period of delay resulting
from such cause.
Y. Future Annexations The Village agrees that it shall not take any action to
annex any other portion of Owner's property without providing Owner with
at least 45 days notice. Thereafter, the Village and Owner shall meet at
least once to discuss mutually beneficial terms and conditions of such
annexation(s); provided, however, neither party shall be obligated to enter
into any agreement that establishes the terms and conditions of such
33
annexation(s) nor shall said notice limit the ability of the Village to annex
Owner's property.
[SIGNATURE PAGES FOLLOW]
34
Signed and sealed by the Parties hereto as of the date first written above.
United Air Lines, Inc.,
a Delaware Corporation
Name: Kate Gebo
Its: Vice President, Corporate Real Estate
35
Village of Mount Prospect
ATTEST:
M. L sa Angell, Village r1<11rk
Its Village President
36
ACKNOWLEDGMENTS
STATE OF ILLINOIS
COUNTY OF COOK
SS
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that Irvana K. Wilks, personally known to me to be the Village
President of the Village of Mount Prospect, and M. Lisa Angell, personally known to me
to be the Village Clerk of said municipal corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that as such Village President
and City Clerk, they signed and delivered the said instrument and caused the corporate
seal of said municipal corporation to be affixed thereto, pursuant to authority given by
the Board of Trustees of said municipal corporation, as their free and voluntary act, and
as the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal, this day of Wlat
2012.
Commission expires_ -4 / - 407/-y
wwr EAL ROSZ [aao TE OF ILLINOIS PIRES 04113.14
37
STATE OF ILLINOIS )
K-� ) SS
COUNTY OF GQGK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that the above -named Kate Gebo is personally known to me to
be the Vice President of Corporate Real Estate of UNITED AIR LINES, INC. and also
personally known to me to be the same person whose name is subscribed to the
foregoing instrument as such Vice President of Corporate Real Estate and respectively,
and that she appeared before me this day in Person and severally acknowledged that
as such Vice President of Corporate Real Estate she signed and delivered the said
instrument, pursuant to authority given by the corporation as her free and voluntary act,
and as the free and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and official seal, this day of ,
2012.
Commission expires 2 -1, 7
Notary Public
OFFICIAL SEAL
S SARAH VOSS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES JULY 29, 2013
38
EXHIBIT A -1
ANNEXATION REALTY
A portion of Permanent Index Number 08 -23- 100 -008:
That part of Lot 1 In Friedrich Busse, Jr. Division of Land in Section 23, Township 41
North, Range 11 East of the Third Principal Meridian, according to the Plat thereof
Recorded February 20, 1911 as Document 4709799, except that part of said Lot 1
taken for highways, in Cook County, Illinois, described as follows:
Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of
South 00 degrees 56 minutes 37 seconds East along the west line of said Lot 1 as
monumented, 50.00 feet to the south line of Dempster Street, being a line 50.00 feet
south of and parallel with the north line of said lot 1, for a Point of Beginning; thence
North 88 degrees 16 minutes 31 seconds East along said parallel line, 1090.50 feet;
thence South 01 degree 43 minutes 29 seconds East, 445.00 feet; thence South 88
degrees 16 minutes 31 seconds West parallel with said north line of Lot 1, a distance of
520.20 feet; thence South 01 degree 43 minutes 29 seconds East, 557.94 feet to the
northerly line of Algonquin Road (IL -62) as monumented; thence North 63 degrees 23
minutes 11 seconds West along said northerly line, 111.37 feet; thence North 00
degrees 56 minutes 37 seconds West, 551.66 feet; thence South 88 degrees 16
minutes 31 seconds West, 485.48 feet to the west line of said Lot 1 as monumented;
thence North 00 degrees 56 minutes 37 seconds West along said west line, 398.69 feet
to the Point of Beginning. Said property containing 514,348 square feet, or 11.808
acres, more or less.
39
EXHIBIT A -2
VILLAGE REALTY
Permanent Index Number 08 -23- 100 -005:
The west 100 feet lying south of the south line of the north 448.65 feet of Lot 1 in
Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North, Range 11 East
of the Third Principal Meridian, according to the Plat thereof Recorded February 20,
1911 as Document 4709799, except that part of said Lot 1 taken for highways, in Cook
County, Illinois.
Permanent Index Number 08 -23- 100 -006:
The east 100 feet of the west 200 feet lying south of the south line of the north 448.65
feet of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for
highways, in Cook County, Illinois.
Permanent Index Number 08 -23- 100 -007:
The east 285.43 feet of the west 485.43 feet lying south of the south line of the north
448.65 feet of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41
North, Range 11 East of the Third Principal Meridian, according to the Plat thereof
Recorded February 20, 1911 as Document 4709799, except that part of said Lot 1
taken for highways, in Cook County, Illinois.
40
EXHIBIT B
PRELIMINARY PLAT OF SUBDIVISION
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Plat of Subdivision
Legal Description of portion of Property to be Subdivided
That part of Lot 1 in Friedrich Busse, Jr. Division of Land in Section 23, Township 41 North,
Range 11 East of the Third Principal Meridian, according to the Plat thereof Recorded
February 20, 1911 as Document 4709799, except that part of said Lot 1 taken for highways,
in Cook County, Illinois, described as follows:
Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South
00 degrees 56 minutes 37 seconds East along the west line of said Lot 1 as monumented,
50.00 feet for a Point of Beginning; thence North 88 degrees 16 minutes 31 seconds East
along the north line of said Lot 1, a distance of 1090.50 feet; thence South 01 degree 43
minutes 29 seconds East, 445.00 feet; thence South 88 degrees 16 minutes 31 seconds
West parallel with said north line of Lot 1, a distance of 520.20 feet; thence South 01 degree
43 minutes 29 seconds East, 557.94 feet to the northerly line of Algonquin Road (IL -62) as
monumented; thence North 63 degrees 23 minutes 11 seconds West along said northerly
line, 658.49 feet to the west line of said Lot 1 as monumented; thence North 00 degrees 56
minutes 37 seconds West along said west line, 690.36 feet to the Point of Beginning.
EXHIBIT C
CONCEPTUAL LANDSCAPE PLAN
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EXHIBIT D
SITE PLAN
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PHASE 2
PHASE 1
TYPE II -B
TYPE II -B
H3- Occupancy
H3- Occupancy
1 -STORY / 15,326 SF
1 -STORY / 13,798 SF
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EXHIBIT E
ELEVATIONS
CHICAGO \3568574.8
ID\APS - 019956/0001
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