S-344 - 10/28/1975 - ANNEXATION - Ordinances t
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ORDINANCE INTO.
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AN ORDINANCE D iNING LAND NEWLY ANNEXED
AND REZONING LAND ALREA'0Y WITHIN THE VILLAGE OF OAK BROOK,
COMMONLY REFERRED TO AS "SADDLE BROOK"
WHEREAS, a certain Annexation Agreement by and between the
Village of Oak Brook, a municipal corporation of DuPage County, Illinois,
LaSalle National Bank, as Trustee under Trust No. 46630; LaSalle National
Bank, as Trustee under Trust No. 20851; LaGrange State Bank, as Trustee
under Trust N`o. 1472; Chicago Title and Trust Company, as Trustee under
Trust No. 60256; The Roman Catholic Diocese of Joliet, a trust; 35th Street
Enterprises, an Illinois Limited Partnership; and Saddle Brook Development
Corporation, Inc. , a Delaware corporation, was entered into under date
1975, in accordance with the provisions of Division 15. 1 of
Article 11 of the Illinois Municipal Code, as amended, and pursuant to
Ordinance, numbered passed by the Corporate Authorities
of the Village of Oak Brook under date = 1975, the
said Annexation Agreement having reference to the annexation to the Village
of Oak Brook and the zoning.and rezoning by the Village of Oak Brook of the
territories described in Exhibit A annexed hereto and by this reference
incorporated herein, all in accordance with the terms, covenants, provisions,
and conditions contained in said Annexation Agreement and all collateral
and attendant documents thereto; and
WHEREAS, prior to annexation of said land and the entering into
said Annexation Agreement, all hearings required to be held before agencies
of the Village of Oak Brook took place, pursuant to proper legal notice, and
all such agencies have made appropriate recommendations to 'the Corporate
Authorities; and
WHEREAS, the Corporate Authorities of the Village of Oak Brook
deem the passage of this Ordinance to be in the best interest and in furtherance of
the general welfare of the Village of Oak Brook,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE
COUNTY, ILLINOIS, THAT:
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SECTION 1: The provisions of the preamble hereinbefore set forth are hereby j
restated herein as though herein fully set forth, r
SECTION 2: The land legally described in Exhibit B hereto, which by this
reference is incorporated herein as though herein fully set forth, shall be and
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the same is hereby zoned under the provisions of Ordinance No. G-60, as
amended, the same being the Zoning Ordinance of the Village of Oak Brook,
DuPage County, Illinois, as follows:
A. Parcel A shall be zoned R-2 Single7Family Detached
Residence District.
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E. Parcel B shall be zoned R-3 Single-Family Detached.
Residence District.
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C. Parcel C shall be zoned R-4 Single-Family Detached
Residence District to allow and permit, as provided
under Subparagraph 3 of Paragraph E of Article VII,
a minimum lot size of 15, 000 square feet; provided,
however, that the provisions of said Subparagraph 3
of Paragraph E of Article VII shall be, and the same
are hereby, varied to permit a reduction in total
lot area and a reduction in the minimum area dedicated
for park or recreational uses, as follows
(1) The gross lot area of the following lots as
depicted in that certain land use plan prepared
for and by Hawthorn Realty Group, Chicago,
Illinois, Developers; Wight and Company,
Downers Grove, Illinois, Engineers; and Toups
and Olson, Oak Brook, Illinois, Planners under
date October 21, 1975, (revised) a copy of
which land use plan is annexed hereto, identified
as Exhibit C and incorporated herein by this
reference as though herein fully set forth, may
be reduced as follows:
(a) Lots numbered 341 through and including
346 and Lots numbered 350 through and
including 354 may be reduced from 15, 000
square feet to not less than 10, 000 square
feet;
(b) Lot number 340 and Lot number 355 may be
reduced from 15, 000 square feet to not less
than 11, 000 square feet;
(c) Lot number 356 and Lot number 357 may be
reduced from 15, 000 square feet to not less
than 13, 000 square feet; and
(d) Lot number 347 and Lot number 349 may be
reduced from 15, 000 square feet to not less
than 14, 000 square feet.
�.- (2) The minimum park area of the park or recreational site
depicted on said land use plan, Exhibit C hereto, as
"Park Site A" may be reduced from four acres to not
less than 3. 4 acres.
SECTION 3: The provisions of Ordinance No. G-140, the same being the
Subdivision Regulations Ordinance of the Village of Oak Brook, be and the
same are hereby varied to the extent recited in Subparagraph a, through
and including Subparagraph k, of Paragraph 4 of the aforesaid Annexation
Agreement to permit development of the property described in Exhibit A
hereto.
SECTION 4: Development of the land described in Exhibit A hereto shall
be developed solely in accordance with the provisions of this Ordinance, the
land use plan annexed hereto as Exhibit C, and all of the terms, covenants,
provisions, and conditions contained in the aforesaid Annexation Agreement
and all collateral and attendant documents thereto, a copy of which Annexation t
Agreement, identified as Exhibit D, is attached hereto and by this reference
incorporated herein as though herein fully set forth.
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SECTION 5: The Village Clerk is hereby authorized to note,the zoning
grant made by this Ordinance upon the Official Zoning. Map of the Village
and all other pertinent Village records.
SECTION 6: All ordinances, rules, and regulations of the Village of Oak Brook
which are in conflict with the provisions of this Ordinance are hereby repealed
solely to the extent of the conflict and only as they apply to the territory
hereinbefore described.
SECTION 7: If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid, such determination shall not
affect the validity of any remaining portion of this Ordinance,-
SECTION 8 This Ordinance shall be in full force and effect from and after
its passage, approval, and publication in pamphlet form, as provided by law.
PASSED and APPROVED this -7 (7 day of (ip ` � f , 1975.
APPROVED:
!` President c
ATTEST:
IN
Village Clerk
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AYES
NAYS:
ABSENT:
A PRL� l ED TO FORM:
s ,
Village Attorney
Published in pamphlet form by authority of the Corporate Authorities of the
Village of Oak Brook, DuPage County, Illinois, this day o£ ��..�, ,
1975.
Village Clerk
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EXIIIBIT C TO ORDINANCE ?�O. ¢ � � , CONSISTING OF THE
LAND USE PLAIT PREPARED FOR AND BY HAWTHORN REALTY
GROUP, CHICAGO, ILLINOIS, DEVELOPERS; WIGHT AND COMPANY,
DOWNERS GROVE, ILLINOIS, ENGINEERS: AND TOUPS AND OLSON,
OAK BROOK, ILLINOIS, PLANNERS, UNDER DATE OCTOBER 21, 1975,
REVISED, .A COPY OF WHICH IS ON FILE WITH THE VILLAGE CLERK
OF OAK BROOK AND MAY BE EXAMINED UPON REQUEST AT THE
OFFICE.OF SAID VILLAGE CLERK DURING REGULAR BUSINESS HOURS..
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F��IIIBIT''D TO ORDLITAICE NO.
T3�Z BEING A COPY OF TIE
ANNE ATION ACRE- EMENT AND ALL ATTENDANT EXHIBITS,IBI:['S, A
FULL AND COMPLETE COPY OF WHICH IS AVAILABLE
FOR
E- AMINATION AT THE OFFICE OF THE VILLAGE CLERK OF
OAK BROOK DURING NORMAL BUSINESS HOURS,
�-- SADDLE BROOK Ayv,,-n�,1TION AGR E'_ T
Fin,:!1 Draft 10/2@/75
Parties ---------------------------------------- 1
Introduction and Property Description ------------- 1 - 3
Responsibility` ________----------------------------------- 4
Annexation and Zoning ---------------------------- 5
Use and Density ----------------------------------- 6
Standards ---- __________________________________ 6
Streets general ___________________________ 7
35th Street ----- -- -------------- ---- 7
Proposed ?Meyers Relocation -- --------- g
Existing Meyers Road _________________________ 10
Fairview ------------------------------------ 10
Cul de Sacs ------------------------------ 10
Minor Streets - Right-of-Way ------------- --- 10
Private Roads ---- ------- ---------------- 10
Sidewalks and Pathways __________________ ____ 10
Street Lighting ----------------------------- 11
Phasing ----------------------------------------- 11
Public Improvements ------------------------------- 31
Sewer ------------------------------------- 12
Water --------- ---- ------------------------------ 12
Own.ershi.p of Utility Lines and Easements ---------- 13
Schools ------------------------------------------ 13
Parks _______________________________________ 14
Property Owners Association ------------ ---------- 14
Utilities ---------------------------------------- 15
Plan Approval Survival ------------------- -------- 15
Performance Bonds and Letters of rzrit ----------- 15
Fees ---------------------------------------------- Io
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Exculpation of Corporate Authorities -------•---- 17
Hold Harmless Clause ------------------------------ 17
Effect of this Agreement- -------------------------- 19
T.odlflcations ------------------------------------ 1.-
Enforceability -__----- - --------------------- 19
Assignability ------------------------------------ 19
Notice
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Severability ---------- -------------- • - - 21
Execution -______--_-- _ s -----__-___ _
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EXH'IBI' TS
Number Dzs`cri:ption
1 Legal Description of Saddle Brook
2 Legal Description of Annexation Tract
3A Legal Description of R-2 Zoning Area.
3B Legal Description of R-3 Zoning Area
3C Legal Description of R-4 Zoning Area
4A Land Use Plan (Map)
4B Land Use Plan (Statistics)
5 Street Classification Plan
6 Unit Phasing Plan
7 Utility and Drainage Plan
8 Park District Agreement
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ANNEXATI07? AGREEMEINT
THIS AST\LXATION AGREEMENT is made and entered into this
day of October, 1975, between the VILLAGE OE OAK BOOK,
an Illinois municipal corporation, hereinafter referred to as
"VILLAGE LA SALLE NATIONAL BANK, as Trustee under Trust No.
46630; LA SALLE NATIONAL BANK, as Trustee under Trust No . 20351;
.LA GRANGE' STATE BANK, as Trustee under. Trust No. 1472; CHICAGO
TITLE AND TRUST COMPANY, as Trustee under Trust -No. 60255; and
THE ROMAN CATHOLIC DIOCESE OF JOLIET, a trust, (hereinafter col-
lectively referred to as "OWNERS") , being the- Pwners of all the
property hereinafter described. on the attached` Exhibit l (herein-
after referred to as the "Subject Premises") ; - SADDLE BROOK.
DEVELOPMENT COMPA'�Y, INC. , a Delaware corporation (hereinafter
referred to as "DEVELOPER") and 35TH ,STREET ENTERPRISES , an
Illinois partnership (hereinafter also referred to as "DEVELOPER") ,
pursuant to the provisions of Division 15 .1 of the Illinois Muni
cipal Code (Illinois Revised Statutes, 1971, chapter' 24, section
11-15-1, et seq. ) -
1,TdEREAS , OWNERS are the owners of record of the real Droperty
described in Exhibit 2 incorporated herein, which is contiguous
to the VILLAGE and is not within the corporate limits of any other
municipality (all of which property is hereinafter referred to as
the "ANNEXATION TRACT") , and
WFIEREAS, there has been filed with the Village Clergy of
said VILLAGE an Annexation Petition signed by the OG.TNERS o- record
of all land within the ANCEXL-kTION TRACT included in said .;nexa-
tion Petition, and Cf)vereCi by Llhis A;reemeat , c--id 1)e_110 n0
£jle r Ors �_"?�1 (�i Cl�x l'e aJ"� -i . il i_t'1'?'•a.L. •i :.,:i O�
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within the corporate limits - - m-un:icipality, but all is in
`-- -thc uninco rat-cd area of DuPage County, and is presently con-
tiguous to the VILLAGE; and
WHEREAS , the corporate authorities of the VILLAGE have con-
sidered the annexation of the TRACT described :in the said annexa-
tion petition; and
WHEREAS , the OWNERS and DEVELOPER propose that the Subject
Premises be developed pursuant to the Zoning Ordinance of the
VILLAGE OF OAK- BROOK (hereinafter referred to ;.as the "Zoning
Ordinance") with variations as hereinafter provided by the terms
of this Agreement; and
WHEREAS , for the purposes of the development of the Subject
Premises, the VILLAGE, the OWNERS , and the DEVELOPER have agreed
to an administrative division of the Subject Premises into three
parts , being designated Parcels A, B, and C, respectively (the '
legal descriptions of which are contained in Group Exhibit 3
attached hereto and made a part hereof) and depicted on- the pro-
posed Land Use' Plan contained in Exhibit 4A; and
WHEREAS , the Zoning Board of Appeals and Plan Commission of
said VILLAGE, being the commissions duly designated by the car-
porate authorities of the VILLAGE to hold a public hearing on the
applications of the OINERS and DEVELOPER to rezone the Subject
Premises, as aforesaid, and due notice of said public hearing
was published in the manner required by law and said public
hearing was held in all respects in a manner conforming to law,
and;
MdEREAS, the Zoning Board of Appeals and the Plan Co=ission
oL said VILLr1GU have made their report and reco�cndations to
the corporate authorities of Lhe VILLAGE in accordance with the
ordinances of said VILLAGE and
C�'HEREAS , the VILLAGE- finds that the DEVELOPER'S plan is in
accord with the VILLAGE 'S desire and intent regarding developmentl
of the area; and
WHEREAS, all other matters, in addition to those -
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cally referred to above, which, are included in this Annexation
Agreement, have been consideredby the parties hereto, and it is
deemed that the development of Parcel A under the provisions of
the R-2 Single-Family Detached Residence District (Section VII D
of the Zoning Ordinance) ; Parcel B under the provisions of the
R-3 Single-Family Detached Residence District (Section VII E of
the Zoning Ordinance) ; and Parcel G under the provisions of the
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R-4 Single-Family Detached Residence District (Section VII F of
the Zoning Ordinance) with variations as to lot area of those -oar- !
ticular lots hereinafter specified and as to area of certain park
sites as hereinafter specified will inure to the benefit and im-
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provement of the VILLAGE and 'its residents and trill promote the
sound planning and development of the VILLAGE and will othenaise
enhance and promote the general Twelfare of *the people of the
VILLAGE; and
Wi:EREAS , in reliance upon the ordinances , codes and regula-
Lions of the VILLAGE and the execution of this Agreement by the
VILLAGE and the performance by the VILLAGE of the undertaKings
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hereinafter set forth to be 'performed by it , there has been sub
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ct;,d the said Anne:-ration Petition, as aforesaid, and
S.?Iin- to U.IC-4,rcaKe certain
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hereinafter set forth, and have or will have Materially changed
their positions in reliance upon said ordinances , codes and
regulations; and
WHEREAS, it is the desire of the VILLAGE, OleR ERS and D-EVELOP
that the development of the Subject Premises proceed as convenien
as maybe, and be subject to the ordinances, codes and regulation
of the VILLAGE , subject to the terms and conditions hereinafter,
contained.
NOW, THEREFORE, for and in consideration of the mutual pro-
mises and agreements herein contained, the parties hereto agree
as follows :
1. Responsibility. It is recognized by the parties hereto'
that there are obligations and commitments set forth herein which
are to be performed and provided for by the DEVELOPER an d not by
the O;tiOERS . The VILLAGE agrees that the OINMIERS as such are excul-
pated from any personal liability to perform the commitments and
obligations set forth herein except as otherwise herein provided,
which exculpation shall not, however, include the Subject Premises
or the beneficial ownership thereof to the extent of such benefi-
cial ownership interest in the Subject Property; and. that the
VILLAGE will look solely to the DEVELOPER or its successors in
interest for such performance , except, further, that to the extent'
that the OtNERS or any of them or any successor in interest there!'
shall become a DEVELOPER or shall designate or contract with a
developer other than Saddle Brook Development Company, Inc. , then
in that case, the MNPN RS or their successors or. the new des-
n '°e 1
shall be subject to the liabilities, , commmitmexits, and obl irra i- s
of this Agreement. It is understood that .before the VILLAGE ta :as
any action under this Agreement addressed to the Subject Pre ,;sas , I
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it shall give the DEVELOPER and OkfiJERS ninety (90) dz,ys Prior
written notice The DEVELOPER hereby ac'rnowledges that the dona
tions contained in this Agreement. are made voluntarily by
DEVELOPER and DEVELOPER hereby waives for itself and its succes
sors and assigns the right to contest at any time in the future
the validity or the amount of
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-he donations contained in this Agreement
2 . Annexation and Rezoning. The VILLAGE agrees to enact
and adopt an ordinance annexing the ANNEXATION TRACT to the
VILLAGE .. The VILLAGE further agrees to enact and adopt an ordin-
ance rezoning the Subject Property as follows :
a. Parcel A shall be rezoned. to the R-2 Single-
Family Detached Residence District;
b. Parcel B shall be rezoned to the R-3 Single
Family Detached- Residence District;
c. Parcel C shall be rezoned to the R-4 Single.-
Family Detached Residence District perin.itting
a minimum lot size of 15,000 square feet in ac-
cordance with subparagraph 3 of paragraph E in
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Article VII of the Zoning Ordinance, provided how-
ever that a variation for the lot area require-
ments . shall be allowed as follows
1) lots nos . 341 through 346, and lots nos .
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350 through and inc?uding lot no- 354 fro- . f
15, 000 square feet to not less than 10, 000 G
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square feet;
2) lots nos . 340 and. 355 from 15 , 000 square feet !,
to not less than 11,000 square feet;
3) lots nos 356 and 357 from 15 , 000 square feet
to not less than 13,000 square feet ;
4) lots nos 347 and 340 _frog. 15, 000 square Feet
to not less than 14, 000 square feet;
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and further provided that a variation for the minimum
par{ area
'�.. requirement shall be allowed whereby the minimuh-n area of PAY
za..k
Site A may be reduced from four acres to no less than 3 .4 acres.
In addition, the VILLAGE agrees to permit to be dev
DEVELOPER and O eloped and d th
14NE ,S agree to develop the Subject PrerLlises
in
accordance with the DEVELOPER'S Land Use Plan, Exhibits 4A and
4B, and the terms of this Annexation Agreement,
3. Use and Density. The development of the
t Pre
raises in accordance with the aforementioned provisions Of the
Zoning Ordinance of. the VILLAGE shall permit the development of
three hundred seventy (370) single-family residential dwelling .
units and the development of a recreational building as herein .
Provided in the areas so designated in the Land Use Plan, Exhibit
4A. The parties g acknowledge and a
. d ree that upon prepara;.i on and
presentation of final plats, some additional lots may be created
which in all respects conform to all of the provisions of the
Zoning Ordinance and Subdivision Regulations , _including that of
lot area. In this event, and solely to the extent of such add _tional lots , the provisions of this t
paragraph relative to the
number of lots permitted shall be increased by the nuuCD *
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f of con
orming lots so created.
In no event shall the foregoing be
construed to permit any non-conforming lots in addition to these
specifically designated above in paragraph 2 C, and in no event
shall the number of lots permitted to be developed hereunder
exceed three hundred seventy-five (375) single--far:,ily dots •
4. Standards , Except as herein specifically provides
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development of the Subject Premises shall be subject to all of
the provisions of the Zoning Ordinance Subcivisio: Re�ul
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Building Cade, and other applicable VILLAGE rules , regulations ,
ordinances , and codes in effect from time to time during the
course of development of the Subject Premises , including t,:ithout
limitation the amount and manner of payment of all fees , e-xpenses ,
costs , and charges imposed therein. Notwithstanding the pravi-
sions as set forth in the ordinances of the VILLAGE, the follow-
ing standards shall apply to the development of any portion of
the Subject Premises improved pursuant to the approved plan.
a. Streets General . DEVELOPER shall provide access
to each residential unit .and shall provide and improve an internal!
roadway system in accordance with the Street Classification Plan,
Exhibit 5. Any street right-of-way not already dedicated at the
time of annexation shall be dedicated in the final plats of each
unit, and the VILLAGE shall accept the dedication of said rights- -
of-way. Except as hereinafter provided and as :pro-,,Tided in the
Street Classification Plan, Exhibit 5, construction of streets
and roadways shall conform to the ordinances and specifications
of the VILLAGE.
b. 35th Street. DEVELOPER shall dedicate a right-af
way for 35th Street as shown on the Land Use Plan, (Exhibit. 4A) _
The roadway for 35th Street from Meyers Road to the east line of
the property shall be resurfaced by DECIELOPER in its present
location with two inches of Illinois Division of Highways desig-
nated I-11 surface or comparable material, said resurfacing to
be completed in conjunction with the public improvements otherwise
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required in phase four of DEVELOPER'S Phasing Plan, Exhi:o_t o
hereto .
In addition, DEVELOPER shall regrade drainage dz ches
and install culverts as required for adequate drainage of that
portion of the subject property adjacent to 35th Street, east and
west of Meyers Road. The detailed plans for said regrading and
installation shall be presented as part of the engineering docu-
ments submitted with a final plat covering a unit containing sai
. lots . Ditches shall be graded and culverts installed on portions
of the 'subject property abutting 35th Street and outside a final
plat area where necessary to provide adequate drainage to lots
within a final plat area. DEVELOPER; shall not; be required to
install curb and gutter along 35th Street.
As a condition of the approval of the plans for the
improvement to 35th Street as herein_provided, DEVELOPER shall
post a bond or letter of credit in. a sum sufficient to cover the
cost of said improvements. This bond or letter of credit may be
a separate undertaking as to 35th Street, or it may be included
in the performance guarantee posted to cover the cost of improve-
ments to be made in a final plat area containing lots- abutting
35th Street.
C . Proposed Me ers Road Relocation. Upon presentation
of its first final plat, DEVELOPER will convey by deed to the
VILLAGE the fee simple determinable title to the right-o-L for
the proposed Meyers Road relocation
(hereinafter referred to as
the "proposed roadway") shown on the Street Classification Plan
Exhibit 5 . The estate which vests in the VILLAGE, shall revert
to DEVELOPER upon the occurrence of any one of the following
events : l) the failure to begin construction of the proposed
relocated Meyers Road roadway within ten (1 Q} years from the date
of this agreement; 2) the failure of the VILLAGE
1-. to begin cons- I
tructi.on of the proposed relocated Meyers Road roadway trithin
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three (3) years after the completion of the improvement of the
roadways of 35tkii Street and Fairview Avenues by any govern..-enta
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unit for utilization in lieu of the proposed roadway; or 3) the
failure of the VILLAGE o' begin construction of the proposed
roadway within three (3) 'years immediately following the presen-
tation to the VILLAGE of a final plat x;hich includes a minimu i
of twenty percent (20%) of the frontage abutting the Proposed
roadway.. p
So long as title remains' in the VILLAGE and until the
roadway is constructed, the VILLAGE shall maintain the ri g ht-of-
way as hereinafter provided. Prior to the time DEVELOPER files
a final plat which includes a minimum of twenty 'percent (20%) of
the frontage abutting said right-of-way, the VILLAGE shall main-
fain said right- of-tray in the same manner and to the same- extent
that DEVELOPER maintains the property immediately adjacent to sai
right-of-way. After DEVELOPED, files a final plat 'which includes
a minimum of twenty percent (20%) of the frontage abutting said
right-of-way, the DEVELOPER shall seed said right-of-way and
thereafter the VILLAGE shall maintain said right-of-Gray in a
sightly appearance.
When DEVELOPER begins its earthwork and grading of the
lots adjacent to said right-of-way, the VILLAGE agrees to consult
with DEVELOPER with respect to the impact of said earthGrork and
grading upon the proposed roadway.
In the event the VILLAGE initiates any assessment to cons.-
truce or improve the proposed roadway, the DEVELOPER in consider-
ation for the conveyance of the right-of-way to the VILLAGE' shall
not be required to make any payments On account of said assess? er
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d. Existinn Meyers Road. -The DEVELOPER. shall not. be
`- required by the VILLAGE to make any improvements to existin-
Meyers Road, north of 35th Street.
e. Fairvieu Road. The only improvement that. wiI1 be
required of DEVELOPER on existing Fairview Road is the grading of
drainage ditches and the installation of entraxace culverts . In
the event the cul de sac of Fairview Road is to be constructed by
the VILLAGE, the DEVELOPER agrees to payr the cost of the constru e-?
ti.on of said cul de sac. If and when the decision that the VlLLAC
is to construct said cul de sac is made, the VILLAGE shall so .
notify the DEVELOPER in writing, whereupon the iDEVELOPER shall
post a bond or letter of credit with the VILLAGE to cover the cost.
of said construction.
f. Cul de Sacs . Roadway pavements .in cul de sacs
street turnarounds may have a minimum diameter of one hundred
feet (100 ') from the faces of the outside curb,
g. Minor Streets Right-of-Way. The width of the
right-of--way for any minor street within the Subject Premises may
be sixty (60') feet.
h. Private Roads . The interior roadways north of
35th Street as shown on the Street Classification Plan (Exhibit 5
shall remain private.
i. Setbacks . The front yard of a lot in the R-4
Single-Family Residence District having a total area of 15,000
square feet or more shall be not . less than forty (40') feet.
j . Sidewalks and Pathways - The DEVELOPER shall not
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be required to install sideG✓alks . In ,lieu thereof
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small provide a pathway system for tt•e Subject Premises W',Mllch
conforms to that shown on the Land Use Plan, Exhibit 4A, and i.
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accordance with the agreement between the DEVELOPER and the
Oak Brook Park District, Exhibit 8 hereto .
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k. Street Lighting. The VILLAGE agrees to permi'L
street lighting to be installed only at intersections and entran
ways.
5. Phasing. The VILLAGE agrees to permit DEVELOPER to
develop the Subject Premises in phases. To assist the VILLAGE
its planning to provide municipal services to the Subject Pre-
mises , DEVELOPER'S current plan of development is reflected in
the Unit Phasing Plan, Exhibit 6- hereto. Except as to phase sev
d
DEVELOPER, its successors or assigns, shall not depart from this
phasing plan without the consent of the VILLAGE, which consent
shall not be .unreasonably withheld.
Final plats for phases subsequent to the initial final
plat area shall be filed within eighteen (18) months after the
approval of the previous final plat. In addition, final plats
for the whole Subject Premises shall be presented to the VILLAGE
within the ten year limitation of this agreement .
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6. Public Irrprove,�:ents The VILLAGE agrees that DEVELOPER
shall be required to make public improvements only for those
areas which are included in the final plats approved by the
VILLAGE, provided, however, that DEVELOPER shall be required to
rake those public improverer_ts and dedicate those comzon -zlesil
falling within the Sub j ec` Premises but. outside the area o
final plat :•:hich are necessary to provide service and access to
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the area falling; with -
h f plat. In the event that tcs
final plat for phase. .. ► is y `
presenL ed before so ;e or a
of the final plats for the , :.._:nce of the subject ro.
? perty, ir,
stallation of Public improvements for and dedication of co-moo
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amenities upon those portions of the subject premises I in,7 s
y o o.
Of 35th Street will not be a condition of final plat approval
phase seven only; it oeing understood that the final plat fo.
phase seven will in all respects comply with all of the VTLLA3�;
requirements for approval.
7. Sewer. upon passage of the Ordinances annexing
d and
zoning the Subject "remises as provided herein the O1N'FS and
DEVELOPER shall file a petition with the appropriate Saaitar
District or Districts requesting
g a nnexatzon thereto. The VILLA(
agrees to cooperate With the OWNERS and DEVELOPER in this rega
rC
and agrees to execute or cause to be executed any docu-uent or
certificate required as a condition of said annexation, rovid
P ed
however, the VILLAGE shall not incur any responsibility or obli-
gation by so doing.
8. Water. The VILLAGE agrees that on or before J
urre 1,
1976, it will at its cost provide water to the• sub 'ect
premises J mises 7z
installing a 12-inch grater main to be extended from 31st Street
and Meyers Road, south on Meyers Road to the south side of 15-
Street, and from there east to Cass Avenue (herei.nafter rep:erred
to as "the water improvement". . However �,
t�.e installation of said
crater improvement shall not commence until after final plat appro ,
of Phase One or Seven by the VILLAGE. The DEVELOPER shall have a ,
right upon completion by the VILLAGE to review the plans and spe,,;'
fications for said water improvement.
DEVEL01PER agrees to pay the VILL AXE two-thirds of the VILL..'.t
cost of said water iIIl-Provement as provided .ierein, pluS - Z-
ur?�
�a•
the r tc OL Siti: i:?,.-• .yam
..� . per annum on
the outs t. nc 1;:
b ,� rce i_r, five s
irstallm nt
%11 be;ir -
31 , 1976. The first installment shall �
be an mount ccl•uu 1 to tc:_
percent (10 ) of the priilci al balance
P plus _nLeres t_ s
installment shall be an amount equal to fifteen perccrlt
1
the original principal balance plus interest. The lash
stallments shall be in amounts equal to twenty-five percent (2a';
of the original principal balance plus interest_ As additional
security to the VILL,'GE, DEVELOPER shall guarantee full pa gent
Posting a bond or letter of credit in the form and substance as
I provided in paragraph 15, within yen (10) da of
y 1:h,
recordation of the final plat for phase one or- phase seven, 'whic
ever is first.
9. O:�ership of Utility Lines 'and Easements . (a) . All sto`
sewer and water main lines (except water service lines) shall be
transzerred without cost to the VILLAGE by bilk of sale Wnen
accepted for O�,n•ership, maintenance and operation by the VILLAGE.'
Permanent ease-ments of total width of ten (10) feet shall be ara
n
to and accepted by the VILLAGE for all utilities not in a public
right-of-way, with the exception that necessary permanent easerlen
for storm seer, water drainage and detention area may have to
exceed ten (10) feet, in which case the width shall be agreed t�,
po:\
by the parties .
(b} The detention areas shall be constructed generally
in the areas shot.;: on the Utility and Drainage Plan, Exh :pit 7,
and in accordance the VILLAGE 'S requirements in effect at
the time of construction.
10_ Schools . DEVELOPER, X11
s_z� contribute a su:- -
F i f ty-Two Tlnousan( Dollars 4 T
} to di- _d d a-mo;?� ,1e
school districts havin0 jurisdiction over the Subject Pre. _ses .
Said contribution shat 1
1 be mace tnrouu h an escrow esta lie-,ed s_
Chicago Title and Trust Company for that purpose with the first
deposit being made therein on the first day of August fol_o�ri 7
d
the issuance of the first occupancy permit for a unit in Saddle
Brook. . On that date and on each August 1thereafter until all
occupancy permits have been issued for the Saddle Brook Develop;
ment, DEVELOPER shall deposit $140.54 (computed on the basis of
Fifty-Two Thousand Dollars [$52,000.00] divided by - pro-
the 370
posed units) for each occupancy permit issued for a unit in Sad
Brook for the previous year. Should the total number of units z
Saddle. Brook be more or less than 370, then an adjustment din `h e
donation shall be -made in the final year.
As and when the contributions shall be made into the
the esc escroTr'.
rowee shall be directed to ;disburse the funds at t._e sole
direction of the four school districts .
11. Parks . The DEVELOPER shall dedicate
y
9. 4 acres of the Subject Premises to the Oak Brook Park District
and towards that end has executed- an agreement with the Park Dis-
trict, Exhibit 8 hereto. Park sites A and B (hereinafter refer-E,-
to as "common open lands") as shouan on the Land Use flan xhbit.'
4A) shall be conveyed to the HomeoTfiners ' Association for use as
park lands prior to the recordation of the final plat for that
portion of the subject property containing said sites .
12 . Property t•:ner
Y s Association. DEVELOPER agrees Co pro-
vide for the maintenance of corl-d^,on open lands and any recreational
facilities, clubhouses , and pathways thereon by
creating _
"Property 0::ners ^ssociaLio:� ' The. provisions of the p=o_ 4r`y
o rne-rs association afire ?ent -.nd any cove-a is used - I
in i Ls e,
rOrCc II2Cnt, insofar' c21,; they r li atCe to such maintenance nce and _aea
means of providing funds therefor , , shall be submitted to t:e VILT,-.,
Board as part of the, supporting data for each final plat area, an('
- shall be subject to approval by the VILLAGE:. Title to all co=cas
open lands shall be held by the Property 0:•rners Associatio . The
property 0::=ners Association may also own, ooe-rate, maintain and
control clubhouse facilities which may provide for recreat;on and
social activities . It is understood that the VILLAGL shalt. have
the right to enforce those provisions 'of the Property 0-�mers Asso-
ciation agreements relating to the maintenance and provision. for
con--ion open space, pathways, and recreational faci lities .
r.. 13. Utilities . The on-site utilities shall be located in
accordance with the Utility and Drainage Plan (Exhibit 7) , subject
however, to VILLAGE . approval of final engineering plans
14. Plan or Plat Approval Survival of Duration Limitation.
The parties hereto recognize that all of the Subject Premises may
not be developed within the duration limitation imposed by this
Agreement.. Notwithstanding said duration li-mitation, the approval '
of any Plat shall survive the said duration time 144mitation in
order that DEVELOPER may, with all reasonable diligence, p•-:rsue
the completion of the developnnent in accordance with the provi-
sions conta.lned in the zoning ordinance to be passed pursuant to
this AgreecaenL, provided, however, that such development shall be
completed not more than three (3) years from suc'o plat approval .,
15 . Performance and PayTi-tenr Bonds and Letters o-= C-r� =;
In lieu of any bonds or cash escrow deposits for pu'lic ii__-Drove-
ments , the DEEV aLOPEER (L;i t'n the consent of ^e VIL I.�:G? , wn_�h con-
sent C?-_l1 Z10L be 11:2" et_SOlcbly wLttiheld) .:`y 111-rniS ? to V T 5,'�=G
an irrevocable co ercia 1°��� ^vim Cr eLi� Cc1
L -L
~i
t - -o. t_.c aC•
C L'c l e rllnGS 2r a and- w4_11 re<<:,_'_-n available at a soii::d an d re o_ u
F
r
banki;iy or financial ins;itution authorized to do hu :ilt s
in the State of Illinois , acceptable to and in fora, and subst- race
approved by the VILLAGE. Such irrevocable letter of cred,-t shall
be in effect for the length of time required for bonds or other
guarantees and shall be in a fora which shall allow the VILLAGE
to procure the funds irrevocably committed to complete the re-
quired public improvements if construction of said improvements
shall be in default. Said security shall- be limited to the amount;
required for those portions of subdivisions .which have received
final approval by the VILLAGE. Except as otherwise provided - all
such deposits may be reduced in amount as work* is completed under
the following conditions :
a. If a single deposit is posted covering all public
improvements within a plat area, upon Ucompletion
of the roadways, said deposit may be reduced to
an amount equal to fifty percent (50%) of the
cosh of the completed work 7-or a period of one
year after acceptance of e improvement ►)y the
VILLAGE.
b. If individual deposits are posted for sewer and
waterworks improvements , said deposit shall be
cancelled after one (1) year from the date of
acceptance of the improvements by the VILLAGE.
C. If- an individual deposit is posted for Roadway
improvements, upon completiGn of said roadways,
said deposit may be reduced to an amount equal
to fifty percent (50%) of the cost of the com-
pleted wort,- 'ror a period of one (1) year after
acceptance of the improvement by the VILLAGE.
In addition, the parties hereto agree that any performance or
completion and payment bonds required under the provisions of
this Agreement shall be guaranteed by a surety acceptable to and
in such form and substance approved by the VILLAGE . All such
bonds shall otherwise conform to the ordinances of the VILLAGE .
r
lo. Fees . DEVETOPEIZ wd11 reimburse the VILLAGE for the
costs of attorneys ' fees incurred by the VILLAGE foy the neao �
o �_a-
tion and preparation of this agreement, and for the prep_ aration
�..
of any ordinances r O . necessary to irap c-. n_ t:',, -
-
agreement . Said ayment shall be made upon presentation P y Lion tc
DEVELOPER of an itemized statement.
17 . E;rculoation of Corporate Authorities . The par iE
acknowledge and agree that the individuals �w'no are members of the
group constituting the Corporate Authorities are entering into
this Agreement in their official capacities as members of Such
group and shall have no personal liability in their individual
capacities.
18. Hold Harmless Clause DEVELOPER and OWNER., their suc-
cessors and assigns , agree to defend and hold harmless the VILLAGE
from any and all claims Which may arise out of` the negligence or
C.
willful misconduct of DEVELOPER or OWNER, their agents , eMDloyees "
and subcontractors in the performance of their development and
construction activities under this Agreement . - DEVELOPER 'w-*
deposit with the VILLAGE a certificate of liability insurance,
the form of which to be approved by the Corporate. Authorit:es,
in the amount of at least $1, 000 , 000/$5, 000 , 000 covering such
development and construction activities including the VILi._-_GE as
an additional party insured . Such insurance shall be irri z
en
by
a stock company rated by Best Reporting Service as "AA.!rv,_,", or
better with a Best General Policy Holder rating of `IA or batter.
Such certificate of liability insurance and a copy of the insur-
ance policy or policies shall be deposited with the VIL ACE before
the co�,mencement of any such work. The policy shall v-rov_de a
ten (10) day "prior notice of termination" provision in icvOr Of
i
the ViLLaG- .
I-. the event Hat as a result of this Ageeo7m - or any
t
actions Call-en as required hereunder, t'rie` �'1i,t.E.Gr' i;; rcd a r..:r t!
defendant in any litigation, arising by reason of this A reemc:nt,
by any party other than an 0NTNER or persona claiming by, thros:th
or under any 07?1ER, and other than DEVELOPE' or any person. clam-
ing by, througz or under DEVELOPER, DEVELOPER, jointly anc- saver
-
ally, agrees to defend and hold harmless the VILLAGE and the
President, Trustees, officers and agents thereof, individually
and collectively, from any suits and from any claims, demands ,
set-offs; or other action reduced to judgment, arising therefrom.
The obligation of DEVELOPER hereunder shall include -and extend to
payment of reasonable attorneys ' fees for the representation of
the VILLAGE and its said officers and. agents in such litigation
and includes reasonable expenses, court costs and fees; it being
understood that DEVELOPER shall have the right to employ ail such `
attorneys to represent the VILLAGE and its officers and agents,
in such litigation, subject to the approval of' the Corporate Auth-
orities of the VILLAGE, vilhich approval shall not be unreasonably
withheld. DEVELOPER shall have the right to appeal to courts o_-
Appellate jurisdiction any judgment taken against the VILLAGE or
its officers or agents in this respect.
The VILLAGE agrees , (a) to give written notice to ON"T ER
and DE EMP ER promptly from time to time of any claims or possible
claims and of any litigation filed against the VILLAGE or any of-
the officers or agents of the VILLAGE who may seek to benefit by
the provisions of this paragraph, and (b) to cooperate and to
cause any of the officers or agents of the VILLAGE who may see'_:*
to bene:C"it by the provisions of this paragraph to cooperate in
def enc in- any such litigation i nclud i ng -� }-� '
C4it_.out I 'zrita��on th a
ID
giving of su'c_- testimony and del iveri n g suC_= docu:le-nta_tion. as —y
be reasonabl% requested by M.TNER and DEVELOPER or their attorneys .
19 . Effect of this Agreement. It is the agreement of the
�.. parties that if any pertinent existing resolution or ordinances
or interpretations thereof, of the VILLAGE be in anywise incon-
sistent or in conflict with any provision hereof, then the provi-
sions of this Agreement and the ordinances passed in pursuance
hereof shall be considered lawful and binding upon the parties
hereto, their successors and assigns , as they may relate to the
Subject Premises.
20. . Modifications . In the event that 0WNERS and DEVELOPER
wish to modify this Agreement, the VILLAGE agrees that such re-
quest for modification may be submitted to the VIL?.AGE Board and
shall be processed by the VILLAGE in accordance with all applicable
rules, regulations , ordinances and codes of the VILLAGE. If said
request is denied, the reasons for such denial shall be stated in'
writing with the OWNERS and DEVELOPER then having the right to
submit a corrected application.
21. Enforceability. This Agreement shall be binding and
enforceable in any court of competent jurisdiciton by any of the
parties hereto, successor owners of record of land which is the
subject of this Agreement, lessees , and upon any successor muni-
cipal authorities of said VILLAGE and successor municipalities
for a period of ten (10) years from the date of execution hereof .
22. Assignability. It is understood that this Agreement
shall run with the land and, as such shall be assignable to and
binding upon subsequent grantees and successors in interest;
provided, hoTiever, that any such assignment or succession shall
i
not take effect until the expiration of a period of forty-five
(45) days after receipt by the Village of i�.ritten notice of
such assignment or succession .
1
h.�
19
�- 23. Notices . Notices or other writings which any party is
required to, or may wish to serve upon any other 'party in cor. cc-
tion with this Agreement shall be in writing apd shall be delive-rec
personally or sent by certified or registered nail, return rec`ipt
requested, postage prepaid, addressed as follows :
a. If to the VILLAGE or CORPORATE AUTHORITIES :
Village Clerk
Village of Oak Brook
1200 Oak Brook Blvd.
Oak Brook, Illinois 60521
with a copy to
Mr. Alfred P. Bianucci,
Attorney at Law
230 West Monroe Street
Chicago, Illinois 60603
b. If to DEVELOPER or 014NTER:
Saddle Brook Development Company, ;Inc,
120 South LaSalle Street
Chicago , Illinois 60603
with a copy to
Burke and Weber
Attorneys at Lair
111 West t4ashi.ng'ton Street
Chicago, Illinois 60602
!r or to such other address as any party may from time to time desig-
t
nate in a written notice to the other parties .
25 . Severabilit If an provision of this
---� Y P ' c oreem",t is
i held invalid, such provision shall be deemed to be exercised
therefror:: and the invalidity thereof shall not affect any of the
other provisions contained herein. It is expressly understood
that the zoning classifications and the variations set forth in
Paragraph 2 hereof which have been or shall be approved by the
VILLAGE pursuant to the provisions of the 'VILLAGE `S Zoning Ordi-
nance shall survive this Agreement and shall continue to be the
D
zoning classifications of and the zoning variations applicable
to the subject property as delineated in said Paragraph 2.
ICI WITNESS TMEREOF, pie have set our hands and seals on this
day of 1975 .`
F
VILLAGE OF OAK BROOK, a
municipal corporation
By
ATTEST': President
Village Clerk LA SALLE NATIO dAL BANK, as Trust
under Trusts Nos . 46530 and '2085.
and rot-personalty /
TVICS
LA GRANGE STATE B'1K, as Trust tee
. under Trust N0 1472
By
j
CIT1CAGO T ITI L AND '�RLS
}_ as Trustee under Trus; :�o. 502:,6
so
By
SADDLE BR00K DEVELOP��idT CO'- ANY, I:IC
By
President
ATTEST:
Secretary
THE R014.01 CATHOLIC DIOCESE
OF JOLIET, a Trust
$y
Successor Trustee
35TH STREET ENTERPRISES ,
an Illinois Partnership
L
By
Partner
I
l
E
. i
r