HomeMy WebLinkAboutRes 03-71 04/06/1971
RESOLlJTION NO. 3- 7 J
RESOLlJTION PJlPROVING PJ-lNEXATION AGREErilENT
H.lHEREAS, there has heretofore been submitted to the Village of Homt
Prospect a certain proposed J\n..'lexation Agreement by and beb\1'een .Unity
Ventures, Inc. and LaSalle National Banlc) as Trustee mder Trust Nos. 31535
and 40666 and the Village of VIount Prospect) pursuant to t..lJ.e provisions of
Division 15.1 of Article XI of Chapter 24 of the Illinois Revised Statutes; and
WHEREAS, a date for heariIlg on said J\nnexation .Agreement \lJas fixed by the
corporate aU~lorities of the Village of Momt Prospect; and
WHEREAS, notice of the proposed P.rll1oxation Agreement ",as given i.TJ. the
marmer provided by law; and
l'JHEHEf\S) a public hearing upon t.l1e proposed Annexation Agreement and the
zoning) classification, special u.ses~ and variations provided for therein, was
held by the corporate authorities of the Village of r:ount Prospect on rilarch 31,
1971; and
WI-ffiPEAS) the notice has been given and. a hearing held on said Annexation
Agreement by the Plan Commission and the Board of Appeals of the Village in all
respects i..."1 the m<mner required by the statute in such cases made and provided;
NOW, THEREFORE, BE IT RESOLVED BY 11IE PRESIDFlU' AND BOAHD OF TRUSTr:iliS OF
1HE VILLAGE OF 1!J.OUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the proposed l\p.nexation Agreement by and between IJni ty
Ventures, Inc. and La Salle National Bank, as Trustee under Trust j\Jos. 31535
and 4066 and t.'he Village of Haunt Prospect, an Illinois l'i!unicipal Corporation,
a true a."'1d correct CG:;:y of whicb. Agreement is attad'ted hereto as Exhibit I
and :made a part hereof, be, and the same hereby is, approved.
SECTION TWO: The Village President and Village Clerk of the Village of
Momt Prospect be, and they are hereby auth.orizec1 and directed to execute said
Armexation !..greement on behalf of the Village of Nount Prospect.
SECTION THREE: This P.osolution shall be in full force and effect from
and after its passage and approval L'1 tJ1C manner provided by lmv.
AYES: 6
NAYS: 0 /#
P.l\SSED i\ND fJ'PROVED TI-IIS D^Y OF
, 1971.
ATTEST: A '
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71] lllage Clerk
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Village President
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ANNEXATION AGREEMENT
../ THIS AGREEMENT, made and entered into this
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6 day of /'If It I I:- , 1971, be.tween the Village of
Mount Prospect, a Municipal Corporation of the County of
Cook, in the State of Illinois, hereinafter referred to
as the "Village" and La Salle National Bankg Trustee
under Trusts Nos. 31535 and 40666, hereinafter referred
to as "Owner" and Unity Ventures, Inc., an Illinois
Corporationg hereinafter referred to as "Developer".
WIT N E SSE T H:
WHEREAS, the Owner 1S the record title holder
of the Subject Property, and the Developer is the proposed
Developer of all the Subject Property, which is the sub-
ject of this Annexation Agreement and which is shown on
the Annexation Plat attached hereto as Exhibit A and in-
corporated herein by reference (hereinafter referred to
as the "Subject Property"); and
WHEREAS, the Owner and the Developer desire to
have the Subject Property annexed to the Village on the
terms and conditions set forth in this Agreement, and the
Village desires that said Subject Property be so annexed;
and
WHEREAS, the Corporate Authorities of the Village
have considered the annexation of the said Territory; and
WHEREAS, said Subject Property is presently
zoned B-4 General Service District in the County of Cook
EXHIBIT I
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with a special use which will permit the erection of not
to exceed One Thousand Two Hundred (1,200) apartment
units thereon; and
WHEREAS, the Owner and Developer propose that
all of the said Subject Property be developed in the
Village as it would be allowed to be developed in ac-
cordance with said existing zoning of the County of Cook
and also in accordance with the terms and conditions in
this Agreement; and
WHEREAS, the Village desires Developer to In-
stall and extend an oversized sewer line as is more
fully set forth hereinafter; and
WHEREAS, pursuant to notice in accord with the
provisions of Sections 11-13-6 and 11-13-14 of the Illinois
Municipal Code (Ill. Rev. Stats., 1969, Ch. 24, Secs.
11-13-6 and 11-13-14) the Zoning Board of Appeals and Plan
Commission of said Village have heretofore held a joint
public hearing in the manner required by law on the appli-
cations of the Owner and Developer to rezone the said
Subject Property to B-3 Business District under the Mount
Prospect Zoning Ordinance and for certain special use
permits and variations as aforesaid; and
WHEREAS, notice of a public hearing before the
Corporate Authorities of the Village on the terms and
conditions of this Agreement has been given in the manner
prescribed by Section 11-15.1-3 of the Illinois Municipal
Code (Ill. Rev. Stats., 1969, Ch. 24, Sec. 11-15.1-3),
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and the said Corporate Authorities of the Village have
heretofore held such public hearing in the manner re-
quired by law; and
WHEREAS, the Zoning Board of Appeals and the
Plan Commission of said Village have made their respec-
tive reports and recommendations to the President and
Trustees of the Village in accordance with the Ordinances
of said Village; and
WHEREAS, all other matters, in addition to
those specifically referred to above, which are included
by this Annexation Agreement, have been considered by
the parties hereto; and
WHEREAS, the development of said Subject
Property in the manner that would be permitted under the
aforesaid existing zoning of the County of Cook, and in
accordance with the terms and conditions of this Agree-
ment, will be highly beneficial to the Village in that
such development will increase the taxable value of the
real property within the Village, will increase the num-
ber of persons who shall be counted for the purpose of
obtaining state motor fuel tax funds by the Village, will
extend the corporate limits and the jurisdiction of the
said Village to the limits described under the attached
Annexation Plat, will promote the sound planning and
development of the Village and will otherwise enhance and
promote the general welfare of the people of the Village;
and
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WHEREAS, in reliance upon the ordinances,
codes and regulations of the Village in effect on the
date of this Agreement, on the continued effectiveness
of said ordinances, codes and regulations for the period
hereinafter set forth, and on the execution of this
Agreement by the Village and the performance by the
Village of the undertakings hereinafter set forth to be
performed by it, the said Owner and Developer propose
to submit to the Village a petition to annex the said
Subject Property and are willing to undertake certain
obligations as hereinafter set forth, and have materi-
ally changed their position in reliance upon said
ordinances, codes and regulations; and
WHEREAS, it is the desire of the Village and
the Owner and Developer that the development of the Sub-
ject Property proceed as conveniently as may be, and be
subject to the ordinances, codes and regulations of the
Village, in force and effect on the date of this Agree-
ment, and further subject to the terms and conditions
hereinafter contained;
NOW THEREFORE, for and in consideration of the
mutual promises and agreements herein contained, the
parties hereto agree as follows:
1. Annexation.
(A) The Developers, contemporaneously with the
execution hereofp shall file with the Village Clerk of
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the Village a duly executed Petition, pursuant to and in
accordance with the provisions of Section 7-1-8 of the
Illinois Municipal Code (Ill. Rev. Stat., Ch. 24, Sec.
7-1-8) to annex to the Village the Subject Property
legally described in Exhibit A to this Agreement. Upon
the filing of said Petition and adoption of an annexa-
tion ordinance by the Village pursuant thereto, the Vil-
lage agrees that it will promptly adopt the zoning classi-
fication, special use and variation ordinances as are
hereinafter more specifically provided.
(B) The Village hereby agrees promptly to
annex the said Subject Property upon the terms and con-
ditions of this Agreement.
2. zoning. The Village agrees that upon
annexation of the property, it will amend the zoning
ordinance of the Village so as to classify the Subject
Property in the B-3 Business District, in substantially
the form attached hereto as Exhibit B.
3. Special Uses.
(A) The Village agrees that upon annexation
of the Subject Property, it will adopt an ordinance, in
substantially the form attached hereto as Exhibit C,
permitting the following special uses on the 'Subject
Property pursuant to the provisions of Section 5 of the
Mount Prospect Zoning Ordinance:
(1) Multiple family dwellings
(2) Hotels and motels
(3) Convention building and facilities
(4) Recreational facilities, including
swimming pools
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(5) Indoor Theaters;
(6) utility Systems for power and energy
to serve the Subject Property only;
(7) The uses listed in Exhibit C to this
Agreement;
(8) Any uses that are either similar, ac-
cessory, complementary, or supplemen-
tary to those enumerated in sub-sec-
tions (1) through (7) of this Section 3;
(9) An enclosed, off-street parking struc-
ture which may be partly underground
and which shall contain at least two
and not more than three levels. Any
such structure shall have a plaza on
the top, or roof,thereof, which
plaza shall be considered to be the
grade level of the Subject Property
for the purpose of the use and
development thereof.
(10) Any and all uses permitted by the
Mount Prospect zoning Ordinance or
this Agreement may be constructed
upon, abutting, or into said off-
street parking structure.
(b) It is agreed that the aforesaid special
uses in Section 3(A) above shall be allowed only if the
Owner and the Developer observe the following conditions
and restrictions:
(1) Not more than 1,200 multiple family
dwelling units shall be constructed
on the Subject Property. No more than
five percent (5%) of the multiple
family dwelling units may contain as
many as three bedrooms; no more thAn
forty~five percent (45%) of such dwell-
ing units may contain as many as two
bedrooms; no more than ten percent (10%)
of such 0welling units may contain ef-
ficiency apartments, and at least forty
percent (40%) of such dwelling units
shall be one bedroom apartments.
(2) The floor area ratio on the Subject
Property, exclusive of underground
off-street parking areas, or any
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other floor area used for openp
enclosed or covered off-street
parking facilities and uses ac-
cessory theretop shall not exceed
1.2.
(3) All structures on the Subject Property
shall be set back at least 84 feet
from Elmhurst Roadp 30 feet from
Algonquin Roadp and 25 feet from the
north and west property lines.
(4) Only one automobile service station
shall be constructed above ground. No
other automobile service station or
drive-in commercial facilities shall
be constructed on the Subject Property
except that an automobile service sta-
tion may be located in an enclosed or
underground parking structure if no
portion thereof is visible from the
street and there has been compliance
with all applicable statutes and or-
dinances of the State of Illinois and
the Village of Mount Prospect.
(5) At least 1.5 parking spaces shall be
provided for each residential dwelling
unit.
(6) At least 1.0 parking space shall be
provided for every two theater seats.
(7) At least 1.0 parking space shall be
provided for each hotel and motel room.
(8) The aforesaid plaza shallp except where
occupied by buildings, be improved with
access roadways, walkways, pools, foun-
tainsp flower beds, shrubbery, trees,
landscaped areas and similar amenities.
(9) The sides of the aforesaid plaza shall,
except where buildings abut it, be
covered by a planted and landscaped berm.
4. Zoning Variations.
(A) The Village agrees to adopt an ordinance,
In substantially the form attached hereto as Exhibit D,
varying the strict termsd the Mount Prospect Zoning
Ordinance in its application to the Subject Property in
the following respects:
(1) The terms of Section 31 of said
Zoning Ordinance shall be varied
so as to permit the construction
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of two or more main buildings on a
"Lot" as that term is defined in
said Section 31 and so as to waive
the requirement that a "Lot" as so
defined, shall be land recorded as
a district parcel in the office of
the Cook County Recorder of Deeds.
(2) The -terms of Section 20 (B) (1) of said
Zoning Ordinance shall be varied, so
as to permit off-street parking spaces
in an enclosed structure that are no
less than nineteen (19) feet by nine
(9 ) fee t .
(3) The terms of Section 20(1) of the said
Zoning Ordinance shall be varied so as
to permit all off-street parking
spaces provided for dwelling units in
excess of 1.0 space per dwelling unit
and all such spaces provided for
theaters to be counted in computing
the number of off-street parking
spaces to be provided for office
buildings.
(4) The terms of Section 26(B) (2) and
(26) (D) (1) of the said zoning Or-
dinance shall be varied so as to per-
mit the construction of office build-
ings, multiple family dwellings, and
hotels or motels that do not exceed
230 feet in height, as measured from
the grade of Elmhurst Road at the
mid-point of property line of the
Subject Property on Elmhurst Road.
(B) It is agreed that the aforesaid variations
enumerated in Section 4(A) shall be subject to the fol-
lowing conditions:
(1) The floor area ratio on the Subject
Property, exclusive of underground
off-street parking areas, shall not
exceed 1.2.
(2) The minimum horizontal distance be-
tween one (1) story or two (2) story
buildings shall be not less than
fifteen (15) feet.
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(3) The minimum horizontal distance
between buildings exceeding two
(2) stories in height shall be
equal to the height of the tallest
building from which the measure-
ment is taken.
(4) With respect to buildings located
on or abutting the plaza, the open
portion of the plaza lying between
any two (2) buildings shall be con-
sidered in computing the minimum
horizontal distances required by
Subsections 4(B) (2) and (3) of this
Agreement.
(5) The restrictions agreed to in Section
3(B) (3) of this Agreement shall also
be conditions and restrictions on the
variation to be granted pursuant to
Section 4.
5. Subdivision Ordinance Variations. It is
agreed that private streets and roadways be provided on
the Subject Property at the option of the Developer.
Such private streets and roadways shall comply in all
respects with ordinances of the Village, except as pro-
vided In this Section 5, and fire lanes shall be pro-
vided as required from time to time by the ordinances
of the Village. The Village agrees to adopt an ordin-
ance, in substantially the form attached hereto as
Exhibit E, pursuant to Section 11 of Article II of the
Mount Prospect Village Plan granting the following vari-
ations from the subdivision improvement requirements
contained in said Village Plan:
(1) The terms of Section 7(A) (1) of
Article II of said Village Plan
shall be varied so as to permit
private streets and roadways at
least 24 feet in width.
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(2) The terms of Section 8 of Article
II of said Village Plan shall be
varied so as to permit private streets
and roadways to be constructed with-
out curbs and gutters.
(3) The terms of Section 8 of Article II
of said Village Plan shall be varied
so as to permit the installation of
sidewalks in accord with such Plan of
development as the Developer may here-
after present.
(4) The Developer shall not be required
to plant trees on the Subject Property
in the manner required by Section 8 of
Article II of the Village Plan, but
the Developer shall use reasonable
landscaping design in developing the
Subject Property.
(5) The terms of Section 2 of Article II
shall be varied so as to waive the
requirement that the Subject Property
be platted and subdivided, provided,
however, nothing herein shall be con-
strued as excusing compliance with
any applicable statutes of the State
of Illinois.
It is agreed that such variation shall be conditioned
upon the maintenance by the Owner and Developer, with-
out expense to the Village, of all private streets,
roadways, and other means of ingress and egress to and
on the Subject Property.
6. Sign Ordinance Variations. The Village
agrees that it will adopt an ordinance pursuant to
Section 9.307 of the Mount Prospect Municipal Code, in
substantially the form attached hereto as Exhibit F,
granting the following variations from the restrictions
imposed by Section 9.303(E) (3) and (E) (5) of the Mount
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Prospect Municipal Code so as to permit the Owner and
Developer to retain any and all signs now located on the
Subject Property, and in addition, to permit the Owner
and Developer to construct on the Subject Property not
more than three (3) double-faced signs, containing not
more than 200 square feet on one face, in addition to any
and all other signs that may be permitted on the Subject
Property by virtue of the provisions of said Chapter 9.
It is agreed that such variation shall be conditioned
upon the removal of the aforesaid three (3) double-faced
billboards not later than the date development of the
Subject Property is completed. The Village further agrees
that it will grant such further reasonable variations
from the regulations contained in Chapter 9 as may be re-
quired in the course of the development of the Subject
Property.
7. Developer1s Obligations. It is recognized
by the parties that this Agreement contains obligations
and commitments that are assumed by or imposed on the
Developer only and not on the Owner. The Village agrees
that the Owner shall be exculpated from any personal
liability on or obligation to perform the commitments and
obligations herein assumed by or imposed on the Developer
only and the Village agrees that it will look solely to
the Developer for the performance of such obligations or
commitments.
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8. Water Supply and Mains. The Village agrees
to provide adequate water supply and water mains in sizes
and pressures sufficient to service the Subject Property
when developed to its maximum permitted uses. The
village will deliver a sixteen (16) inch water maln to
the north property line of the Subject Property on or
before six (6) months from the date hereof.
The Developer
shall use a sixteen (16) inch main through its property
rather than a twelve (12) inch main which would be ade--
quate to service the Subject Property. The Developer
agrees to install the said sixteen (16) inch main and to
advance the cost thereof. The Village agrees to reim-
burse the Developer for the difference in cost between
the said twelve (12) inch main and the said sixteen (16)
inch main by giving the Developer a credit against
building permit fees which may become due to the Village
in respect to construction on the Subject Property until
the said reimbursement has been fully paid mthe Developer.
The Developer shall pay a water tap-on fee of One Hundred
Dollars ($100.00) per acre at the time a building permit
is issued for the acreage then being developed.
The said
sixteen (16) inch water main shall be dedicated to the
Village. All other water lines located on the Subject
Property remain the property of the Developer and shall
be maintained by the Developer.
9. Water Rates, Meters and Use.
In the event
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the Village services other properties with generally
similar uses and grants water rates lower than provided
herein, the water rate charges against the subject develop-
charged by
be correspondingly ,reduced to the lowest rate
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any such consumer of watey, furnished ~t tJ~e /V~l~~ge.
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ment shall
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In all buildings taller than twenty-eight (28) feet, the
Developer agrees to install Beeco,or equal, anti-siphoning
devices for the prevention of backflow into the domestic
water system. The Developer shall have the option of
having one meter or separate meters servicing the Subject
Property. It is understood that in the interest of water
conservation, the Developer shall have the right to sup-
ply pools and fountains, upon a recirculation basis from
a private water supply and to cause such landscaped and
recreational areas to be watered out of a private lake
or water storage or supply area, provided, however, that
the Developer shall not permit the intermix of such water
with Village water in its system.
10. Construction of Water Storage Reservoir.
It is agreed that the development contemplated by
Developer shall require the installation of a water
storage reservoir. The Developer agrees to contribute
to the Village the sum of Forty One Thousand Five Hundred
Dollars ($41,500.00) toward the cost of constructing such
water storage reservoir. The Developer agrees to pay
said sum at such time as Developer has constructed 700,000
square feet of building floor area on the Subject Property,
or whenever the Village lets a contract for the construc-
tion of said water storage reservoir, whichever occurs
later. The Village agrees that said water storage
reserVOlr shall not be located on any part of the Subject
Property.
11. Sanitary Sewer Mains. It is understood
that the Chicago Metropolitan Sanitary District has issued
a permit to the Developer for the installation of a six
(6) inch trunk sanitary sewer line and lift station to
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service the Subject Property, and that the Village has
requested the Developer to install an eight (8) inch
line rather than a six (6) inch line so that the Village
can extend its sanitary sewer services to other areas.
The Developer and the Village therefore agree as follows:
(A) The Developer shall install an outlet
trunk sewer line and lift station of a size suf-
ficient to service the proposed development on the
Subject Property and shall construct an onsite
sewer line to service the Subject Property, all
in accordance with the existing code requirements
of the Village.
(B) The Developer shall oversize the out-
let trunk sewer line from six (6) inches to eight
(8) inches so as to service other properties in
the Village.
(C) The Developer agrees to dedicate the
said eight (8) inch outlet trunk sewer main and
the lift station to the Village.
(D) All other sewer lines except the eight
(8) inch outlet trunk line and the lift station
located on the Subject Property shall remain the
property of the Developer and shall be maintained
by the Developer.
(E) The Developer agrees that the said lift
station shall be built in accord with the speci-
fications and regulations of the Village Engineer,
including the installation of telemetry and
auxiliary power therefor.
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(F) The village agrees that there shall
be no tap-on charges in connection with the con-
struction of said sewers or of any later onsite
development of the Subject Property nor shall
there be any maintenance fees charged by the
Village in connection with same.
(G) The Village agrees to assist the
Developer in acquiring such easements, rights-
of-way; or other rights in land as may be
necessary to provide access of public utilities
designed to serve the Subject Property, and the
Village further agrees that if it is necessary,
it will exercise its power of eminent domain to
acquire such easements, rights-of-way, or other
rights in land, provided, however, that in any
such event the Developer shall reimburse and hold
the Village harmless for all cost and expense in
connection therewith.
(H) The Village agrees that the commencement
of work by the Developer on the sewer to be con-
structed hereunder shall constitute an initiation
by Owner and Developer of the special uses granted
hereunder.
(I) The difference in cost between the six
(6) inch main and the eight (8) inch main shall be
borne by the Developer and is additional consider-
ation for this Agreement.
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12. Storm Water Retention. The Developer
shall install upon the Subject Property storm water re-
tention lakes, ponds or basins capable of retaining a
maximum of 5.3 acre feet of storm water storage volume.
13. Bonds and Letters of Credit. The instal-
lation and completion of all public improvements may be
guaranteed by an irrevocable letter of credit from a
sound and reputable banking or financial institution in
an amount equal to One Hundred Ten (110%) Per cent of the
Developer's engineer1s estimate of the cost of such im-
provements. In lieu thereof, at the election of the
Developer, the Village shall accept performance bonds
running from the Subcontractors installing the improve-
ments to the Developer and an assignment of said bonds
by the Developer to the Village. There shall be no
letter of credit or bonds required for private improve-
ments on the Developer's property. Upon completion of
the public improvements and acceptance of same by the
Village, the letter of credit or performance bonds shall
be released except for Ten Per cent (10%) which shall be
retained by the Village for a period of Two (2) years
after the completion and acceptance of said improvements.
14. Temporary Buildings. The Developer shall
have the right to erect temporary display buildings in
connection with its proposed development of the Subject
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Property.
Such buildings shall be constructed in accord-
ance with the Village Codes and may be provided with
water and sewage through a well and septic tank facility.
Before any such building can be devoted for a permanent
use, it shall be connected to the Village sewer and water
systems.
15. Continuation of Existing Ordinances as to
Subject Property. The Village agrees that during the
five (5) years following the execution of this Agreement,
unless the consent of the Owner or its successor in title
1S obtained, no ordinance that may be adopted relating
to bulk regulations, subdivision controls, zoning, offi-
cial plan or building, housing and related restrictions,
shall be applicable to the use and development of the
Subject Property which is more restrictive or imposes
greater obligations than the ordinances of the Village
in effect on the date of this Agreement, or as required
to be altered, modified or changed by the text of this
Agreement.
16. The Village agrees that there shall be no
annexation fees charged in connection with the pro-
posed annexation. During the five (5) years next fol-
lowing the execution of this Agreement, the Village
agrees that it will not during the aforesaid five (5)
year term increase the building permit, plan examination
or any other fees imposed by the Village which are, or
will be, required to be paid by the Owners, Developer,
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contractors, subcontractors, TIlaterialmen or others per-
forming the work or supplying materials in connection
with construction on any part of the Subject Property.
The Village further agrees if it imposes new permit
fees with respect to the development of land and the con-
struction of buildings, such fees shall not be applicable
to the development of, or construction on the Subject
Pnoperty. If, during said five (5) year period, any such
fees applicable to any area in the Village or to any
particular type of work are reduced, the fees applicable
to the Subject Property and to the type of work being
done thereon shall be reduced correspondently.
17. Land Dedication. Except as otherwise pro-
vided in this Agreement, the Owner and Developer shall not
be required to donate any land or money to the Village
or any other governmental body for schools, parks or
other public uses.
18. Stop Orders. The Village will issue no
stop orders directing work stoppage on buildings or parts
of the project without setting forth the Section of the
Code allegedly violated by Developer or its employees,
contractors, and agents and detailing the corrective ac-
tion to be taken. The Developer may forthwith proceed
to correct such violations as may exist or take an appeal
in the manner provided by the applicable Sections of the
Village Code.
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19. Building Permits. The Village agrees to
issue necessary building and other permits for the con-
struction of buildings or issue a letter of denial inform-
ing the Developer of the respects in which the application
does not conform to stated Sections of the Building Code
or other Codes or ordinances of the Village within thirty
(30) days of the date of application therefor.
20. Occupancy Certificates. The Village
agrees that when requested it will issue certificates
of occupancy on a floor-by-floor basis rather than on a
building-by-building basis. The Village agrees to issue
said certificates of occupancy within seven (7) days of
the date of application or to issue a letter of denial
within said period of time specifically informing the
Developer of the Sections of the Building Code or other
Codes or ordinances of the Village that have been vio-
lated and the corrections that will be required for a
certificate of occupancy to issue.
21. Access Easement. The Owner and Developer
agree to provide an easement for ingress and egress along
and across the north thirty-three (33) feet of the Sub-
ject Property. In the event that in the process of
developing the Subject Property the Owner and Developer
construct a roadway network that will provide adequate
and satisfactory ingress and egress to the territory
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abutting the Subject Property on the north, then the Vil-
lage agrees to waive and release any and all rights that
may have been created by such easement along and across
the said north thirty-three (33) feet of the Subject
Property.
22. Liquor Licenses. The parties hereto do
hereby declare that it is to their mutual interest that
the Village, through its duly authorized officials, will
provide for the Subject Property and the parties entitled
thereto~ such liquor licenses as may be reasonable in
order to satisfy each legitimate need therefor.
23. Terms of Agreement. This Agreement shall
be effective for a term of five (5) years from the date
hereof. The ordinances, special use permits and varia-
tions to be enacted and adopted by said Village pursuant
to this Agreement shall be effective, valid and binding
as to the Subject Property for five (5) years from the
date of execution hereof, and they shall not be changed,
modified or amended in any manner whatsoever ln their
application to the Subject Property without the consent
of the Owner or its successors in title.
24. Adoption of Ordinances and Resolutions.
The Village agrees to enact such ordinances and resolu-
tions as may be required in order to effectuate the terms
and conditions of this Agreement.
25. Right of Disconnection. In the event that
the Village does not comply with the terms and provisions
of this Agreement within the time specified herein or in
the event of a breach of any provisions of this Agreement
-21-
by the Village, in addition to the remedies herein
provided, the Owner and the Developer shall notify the
Village of such claimed breach or failure to perform and
the Village shall thereupon have forty-five (45) days
to perform or to cure such breach. If the Village fails
to perform or to cure such breach within forty-five (45)
days, the Owner and Developer may elect to declare this
Agreement null and void in which event the annexation of
the Subject Property if same has been annexed, shall be
considered void ab initio, and the Subject Property shall
be disconnected from the Village and it shall be as if
said property was never a part of the Village. To effec-
tuate same, the Village agrees to execute any documents
necessary to effectuate the provisions of this paragraph
and to enter a consent decree, if requested, in a court
proceeding to declare said annexation void ab initio.
26. Effect of Inconsistent Ordinances or
Resolutions. In the event that the Village hereafter
adopts any resolution or ordinances that are inconsist-
ent in any way with any provision of this Agreement, then
it is agreed that such resolution or ordinance shall not
be applicable to the Subject Property during the term
of this Agreement.
27. Enforcement. This Agreement shall be en-
forceable in any court of competent jurisdiction by any
of the parties, or their successors in title, by an
appropriate action at law or in equity, mandamus or other
proceedings to enforce and compel the performance of the
covenants herein contained.
28. Severability. It is understood and agreed
by the parties to this Agreement that the several provi-
~:,;"
-22-
,.,
sions of this A~r~em~~t ~~e
e.o1""'\~,..~1-....' _
--;;;------
.::..-::: ::::;:,t if c.il}' Cuurt of com-
petent jurisdiction shall adjudge any provision of this Agreement
to be invalid or unenforceable, then such judgment shall not affect
any other provisions of this Agreement; provided, however, should
any provision of this Agreement be held invalid, the Developer
shall have the right, within sixty (60) days of the date such pro-
vision is held invalid, to declare this Agreement void and to ex-
ercise the right of disconnection provided in Section 25 hereof.
29. Successors and ~~signs. This Annexation Agreement
shall enure to the benefit of and be binding upon the parties here-
,to, successor owners of record of land which is the subject of this
Agreement, lessees, and upon any successor municipal authorities of
said Village and successor municipalities for a period of five (5)
years from the date of execution hereof.
:!:~J ~<i::::'I'NESS i;I-IERECJ: ,chE: parties nere-co have caused this
Agreement to be executed by their proper officers, duly authorized
to execute the same on the day and year first above written.
VILLAGE OF MOUNT PROSPECT, a
Municipal Corporation of the
County of Cook, State of
Illinois.
"
~I
,
ATTEST:/;, , &'
r/" '//1 tI~,/ '
v ~/k ~...~"J
Vi'llage Clerk
.,c:;:>"'" ",;",.)'
By: Ji3:"~/..:-.~-",:>t~'-'~:,.-';..;x;:::~~;;;:;!~~~~,~~:~._~~:._.~l~~~,:_~".
Village President
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t~
en
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~S
?''''"l<BSr.,l.,l h ,
.-~4 /7/h V l~~,.,
---.~..._:;:;::::...,,,, ""-'
OWNER: LA SALLE NATIONl<..L BANK, Trustee
under Trusts Nos. 31535 and
40666.~; _,---7 ,
4%"' _ /C/' 0~'~J-:7-" -CI/" ,
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Y '~~';(~,/,y":~ / /~/~*~~--
"'.,.",", V~ce-Pres~dent
!4,;'S8
DEVELOPER: UNITY VENTURES,
Illinois
1-i:.i.:~r:ST :
By:
an
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."w - -. --:.: .".... i:>.t I!
":.-i~r'l; ary,!)
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""..' """" ",,"'" "Pol'
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This instrument is executed by LaSalle National Bank, not personallY but solelY
as Trustee, as aforesaid, in the exercise of the power and authority conferred
upon and vested in it as such Trustee. All the terms, provisions, stipulations,
~venants and conditions to he performed by Lasalle National Bank are undertaken
~ it solelY as Trustee, .s aforesaid, aud not individuall~and all statements
nerein made are made on information and belief and are to be construed accordingly,
~~d no personal liahility shall be asserted or be enforceable against LaSalle
lil~tiona 1 Bank by reason of any 0 f the teemS, proviR; ons, s ti po lations, covenants
and/or statements contained in this instrument.
RIDER ATTACHED TO AND 11ADE A pAllT OF DOCUMENT
DATED ___~hn,. _ 1911---- ~____m<DER TIUlb"f No5~. ;3i ;;''1