S-348 - 11/25/1975 - ANNEXATION - Ordinances - !L . . .- _... „s....:L. ..a...a..a ..9.tw.t q,.-.- .... as...s...uen.,..,..,..w .....x.w..rq. .... ...s.,.c r,.-.r..e,.u��.�.� ......-•-+-__.a...:z_av �S- ,-�.._ wi.t.+'
ORDINANCE NO.
11
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN
ANNEXATION AGREEMENT FOR THE DEVELOPMENT
COMMONLY REFERRED TO AS "FOREST GLEN"
WHEREAS, a certain form of Annexation Agreement between the
Village of Oak Brook, a municipal corporation of DuPage County; Chicago
Title and Trust Company, not individually but solely as Trustee under
Trust Agreement dated October 22, 1951, and known as Trust No. 35226;
Torode Associates, a Limited Partnership; Torode Development Cor-
poration, General Partner of Torode Associates and individually; and
Shore Corporation, as General Partner of Torode Associates and individually,
has been presented to, read, and considered by the Corporate Authorities of
the Village of Oak Brook; and
WHEREAS, the statutory procedures and requirements provided in
Division 15. 1 of Article 11 of the Illinois Municipal Code, as amended,.:
governing the approval and execution of said Annexation Agreement have
been fully complied with; 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:
SECTION 1: The provisions of the preamble hereinbefore set forth are hereby
restated as though herein fully set forth.
SECTION 2: In accordance with the provisions of Division 15. 1 of Article 11
of the Illinois Municipal Code, as amended, the President of the Village of
Oak Brook be and he is hereby authorized, empowered, and directed for and
on behalf of the Village of Oak Brook to execute that certain Annexation Agree-
ment by and between the Village of Oak Brook, a municipal corporation of Du
Page County, Illinois; Chicago Title and Trust Company, not individually but
solely as Trustee under Trust Agreement dated October 22, 1951, and known
as Trust No. 35226; Torode Associates, a Limited Partnership; Torode
Development Corporation, General Partner of Torode Associates and individually;
and Shore Corporation, as General Partner of Torode Associates and individually,
in the form presented to, read, and considered by the Corporate Authorities of
the Village of Oak Brook, a copy of which Annexation Agreement is annexed to
this Ordinance, is identified as Exhibit A, and by this reference is incorporated
herein as though fully herein set forth. -
SEC`I`ION 3: `rhe Village Clerk is hereby authorized and directed to attest to
thL e ,ecution of said Annexation Agreement, affix the Village Seal thereto, an,,
to certify the passage of this Ordinance, all as others.-ise provided by the.
ordinances of the Village of Oak Brook and the la%c-s of the State of Illinois.
SECTION 4: All ordinances, rules, and regulations of the Village of
�... Oak Brook which are in conflict wish the provisions of this Ordinance are
hereby repealed solely to the extent of the conflict.
SECTION 5: 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 6: 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 day of 1975.
APPROVED:
President
ATTEST
Village Clerk
i
AYES:
NAYS: 0
ABSENT: C%
APPROVED AS TO FORM:
s A
Tillage Attorney
Published in pamphlet form by authority of the Corporate Authorities of the
Village of Oak Brook, DuPage County, Illinois, this / '" _ day of
i 1975.
Village Clerk
>rR/hp 11/20/75
V
ANNEXrl.^_IOTIT AGREEMENT
THIS AGREEMEN made and entered into this . � 4-
1075 , by and betcreen CHICAGO TITLE AND
dad' o
TRUST COMPANY, not individually but solely as Trustee under
Trust Agreement dated October 22, 1951, and known as Trust
No. 35226 (hereinafter sometimes referred to as "TRUSTEE")
and TORODE ASSOCIATES, a Limited Partnership (hereinafter
referred to as "TORODE") , TORODE DEVELOPMENT CORPORATION',
General Partner of Torode Associates. and individually, (here-
inafter referred to as "T.D.C. " ) , SHORE CORPORATION;, individ-
ually and as General Partner of Torode Associates, (hereinafter
referred to as "SHORE" ) , and the VILLAGE OF OAK. BROOK, a
Municipal corporation of Illinois (hereinafter referred
to as the ,VILLAGE" ;
W I T '_ E S S E T H
tr'HEREAS, TRUSTEE is the owner of record of the prop-
erty legally described in Exhibit A attached hereto and made
a hart hereof (hereinafter sometimes referred to as the "SUBJECT
R-_r :L^Y" } ; and
WHEREAS, the SU3JECT REALTY consists of a tract of
land of approximately ninety-one (91) acres which is presently
vacant and unimproved and is contiguous to the corporate limits
of the VILLAGE and is not i•,ithin the corporate limits of any
other municipality; and
t%TEEREAS, the Darties hereto desire the SUEJECT REALTY
to be annexed to the W T_,_T r anci that the zone the
C'
n�;ALT X R-4 (Sir.: e Family Detached 3esioer_ce District)
_
"r �':i=grit t0 Sc^.Cti_On VT? _ O` the Zoning ordinclnce of th" � L-
i
'_G : O O_ Illir_ais , of 1966 , as amended, in the ra�lnner
Gr:_.
--_i-;on the terms and condi- ions hereinafter se+ forth; an i
WHEREAS, the parties desire to enter into an agreement
with resoect to the annexation of the SUBJECT REALTY pursuant
to Division 15.1 of Article 11 of Chapter 24 of the Illinois
Revised Statutes and pursuant to said statute the Corporate
Authorities heretofore have held a public hearing upon the
proposed annexation agreement theretofore filed with the Village
Clerk; .and
WHEREAS, all public hearings, as required by law, have
been held by the appropriate hearing bodies of the VILLAGE upon the
matters covered by this Agreement, including (without limitation)
an application for amendment to the Zoning Ordinance of the VIL-
LAGE -for the classification under said Zoning Ordinance of the
SUBJECT REALTY, as hereinafter specified; and
WHEREAS, the Corporate Authorities after due and careful
consideration have concluded that the annexation of the SUBJECT
REALTY and the development of the SUBJECT REALTY and off site im-
prove=ts of i,'oodgler� Lane, upon the terms and conditions herein-
after set forth, would further the growth of the VILLAGE and enable
the VILLAGE to control the development of the area and serve the
best interests of the VILLAGE; and
I,HEREAS , by a favorable vote of at least tvo-thirds
of the Corporate Authorities then holding office, an ordinance
heretc=cs e has been adopted directing the execution of this
Agree-en- ; and
WHEREAS, notice heretofore has been served upon
the Tr stew of the appropriate fire protection district and
affil-.-z-t of sorvice heretofore as been recorded with the
Recor-
or De�ec.s , all as prof. ice_'. in Sect-_ 7-1.-1 of Chapt��_- 24
of the ,. 1 1,inois Stat-uLtes ?
in COri ,:c'ratio_n O^ i LIE? f02 E'Ct02n.«
and t'_!'. ;-.)utual covcC nantis alto agrE e_ eri�i he.:e':iI2<�f ter c0ntaine_ ,
"IS follolr;S
1. ANNEXATION: Subject to the provisions of
:article 7 of Chapter 24 of the Illinois Revised Statutes, the
parties agree to do all things necessary or appropriate to cause
the SUBJECT REALTY to be duly and validly annexes' to the VILLAGE
as promptly as practicable after the execution of this Agreement.
The parties shall cause such annexation to be effected pursuant
to the provisions of Section 7--1-8 of Chapter 24 of the Illinois
Revised Statutes
2. ZONING : The parties agree that upon annexation
of the SUBJECT REALTY, as aforesaid, the Corporate Authorities
shall cause the SUBJECT REALTY to be classified R-4 (Single
Family Detached Residence District) pursuant to Section VII F
of the Zoning Ordinance of the VILLAGE OF OAR BROOK, as amended,
which will permit the development of the SUBJECT REALTY in sub-
stantial conformity with the site plan attached hereto as
Exhibit B and made a part hereof and the terms of this Agreement,
but in no event shall said development exceed 159 single family
dwelling units.
3. VARIATIO .:S AND WAIVERS: Pursuant to Section 1
of Article XII of the Subdivision Regulations Ordinance of the
VILLAGE and Sections 3A, 3E, 3F and 3I of Article VII of the
Subdivision Regulations Ordinance, the Plan Co=ission has
recommended variations and wativers from the requirements of
the Subdivision Regulations Ordinance, which in its opinion are
in harmony with the intent and purpose of the comprehensive plan
and official map of the VILLAGE. and in harmonv with the intent
of the standards of the Subdivision Requlations Ordinance. Upon
such recommendation the Corporate Authorities approve the fol-
lowing waivers and variations from the requirements for sub-
C1visions -v:Zth.ln -he VT-TAGE insofar as th:'__7' apply to the SUBilccar
ti'l, and finding ' ti t in its opi opinion
sue? vari�tio:�s and �;ai�rcr's
will noL be contrary to the pur pose or intent of e
o_:-Drc�hcl.sive Plan and official map. or the spirit of the
sta_ _zrac or the Su-division Req- lztions �. c'.i:;anc:_ Upon
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such reco*,=endations and findings, the Corporate Authorities
here'---., waive and/or vary the following requirements in the Sub-
division Regulations Ordinance:
(a) Article VII , Section 3 A: That all
streets within the SUBJEC`'_' REALTY, as sho=ran on the
site plan and proposed pre iminary plat, together
with the existing Woodside Drive from York Road to
the SUBJECT REALTY, shall be designated as minor
streets pursuant to Section 3 A of Article VII of "
the Subdivision Regulations Ordinance and, in addition,
the right-of-wav within the SUEJEC`:" REALTY shall be
reduced to 60 feet with a 10 foot easement on each
side for utilities.
(b) Article VII , Section 3E: That the require-
ment for sidewalks pursuant to Section 3 E of Article VII
. of the Subdivision Regulations Ordinance is hereby waived.
(c) Article VII, Section -3 F : That Section 3 F
of Article VII is hereby waived insofar as the same
applies to the SUBJECT REALTY,. except that street
lighting shall be located at street intersections
only, for the purpose of street identification and
shall be of a tvpe and quality acceptable to the Vil"
lage Engineer.
(d) Article VII , Section 3 L, 1 and 2 : That any
landscaping plan for the public right-of-way required
under the Subdivision Regulations Ordinance shall be
deferred until TO?ODE seeks final plat approval for
each unit or phase of development. The implementa-
tion of the landscaping for the public right-of-way
required pursuant to Section 3 I, . l and 2, of Article VII
of the Subdivision Regulations Ordinance shall be de-
ferred until development of each individual lot or. lots
occurs as follows :
(i) At the time the building permit is
re nested for any designated lot, the petitioner
for said building permit shall file a bond with
the VIL LAGS for the estimated cost of the land-
L- scaping require=ments for the public right--of-
way area adjacent to said lot, and completion of
said landscaping requirements shall occur within
six (6) months after issuance of the occupancy
hermit.
(ii) The 'pond for said landscaping shall be
S200. 00 per tree.
(iii) In the event such landscaping does not
occur prior to the termination of said six-month
period, VILL_A?CE shall have the right to complete
said landscaping , deduct said costs from the
bond, and rem=it the balance, if any, to the peti.-
tioner re.iues _ing the building- permit or ^is designee
k the t4"e io ;?� se ks final plat a:�prozal
i cna deposit bond for the
su-round?n- the qU—. JF"CIII 1)-. ',IPV conly. a i ne.? in
\ Said ;'la.
'�
(_`_ f .'�Ot.T.•'1 :,SL:�ndyl?�1 the forego n1. , `1'I'RnD Stall
be res:,ohsble for the buffer area surrounding
the SU3JECT REALTY and specifically . the entrance-
way of ;ioodglen Lane, on the SUBJECT REALTY which
adjoins and abuts` tfie 1,10odside Estates Subdivision.
The landscaping plan for the entranceway will be
submitted as a part of the documents for the public
improve:_ments relating to Phase 1 of the development
and said landscaping shall be completed within
twelve (12) months from approval of the final plat
by the VILLAGE.
Except as otherwilse specified in this Agreement, the SUBJECT
REALTY shall be developed and shall otherwise he subject to
the Zoning Ordinance, Subdivision Regulations, Building Code,
and other applicable VILLAGE rules, regulations, ordinances,
and codes in effect from time to time during the course of
development of the SUBJECT REALTY, including (without limita-
`.- tion) the amount and manner of payment of all fees, expenses,
costs and charges imposed therein.
4. P1,RK LAND: TOROME and the Oak Brook Park Dis-
trict have agreed upon the conveyance and development of the
area designated Park Land, as shown on Exhibit B attached hereto,
in accordance with the Agreement attached hereto as Exhibit C. The
terms of any restrictive covenants to be impressed upon the SUBJECT
RFP>LTY shall be subject to review and acceptance by the VILLAGE.
5. FEES TORODE agrees to pay all
annexation fees as the same exist on the -:ate of this
Agreement, toce'-_)er with reasonable legal fees incurred by
the VILLAGE, for professional services related to the annexa-
tion and zoning of the SUBJECT'' REALTY prior to the execution
of this a free �e t.
6 .
(� VILLAGE:, `"RUS'I`EE, c VOIE, Tp-,,DDr and
I
TO RODE Dr,JFLO=' C01-'110RATIO r•ecc.gnize _ Iat the oredeces-
SOr in title t,:, �,,e water syst-e ( ralnted the O:•.-nets
c T r �' , F'^� c 'n<
of the UIDJEC� - '. <_c_ coi.n__vcion > C t and lI CO; StrC:C-
ti on on, the c _ ? .. .,`=Y in return E:ar>i'mclnfi across Lh t
Ci' 1 evi.de��iced - r letter. s _.- e June 10 , 11 5 i , I
frC '. t : �il1tl o_ Z ci7?.il Cr the of-,tiers C_ the SUTi .n r �` Yt
5
the Oak Brook' UtIlity Company. In consideration of the annexa-
tior and zoning o the SUBJECT REALTY, the waivers and varia-
tions of the Subdivision Rectulations Ordinance granted herein,
and other good cn� valuable consideration herein recited,
TORODE, TRUSTEE , SHORE and TORODE DEVELOP_•iEN:T CORPORATION, and
their respectiv_ successors , grantees , and assigns, hereby •naive
any right, title or interest in to .and under sa_iO letter agree-
ment between Oa'- Brook Utilities Company and the owners of the
SUBJECT REALTY, and further agree to be bound by the fees es-
tablished by the VILLAGE for connection to the water distribution
system.
(b) That the VILLAGE will accept dedications
of all primary titer mains constructed by TORODF:. in accordance
with final plats of units on the SUBJECT REALTY pursuant to
Section 2, Article VIII, of the Subdivision Regulations
Ordinance and of^er pertinent VILLAGE -ordinances.
7. SANITARY SET-;ER AND T';'ATER PE4'-MIT APPROVALS : -
VILLAGE agrees tc cooperate with TORODE in obtaininc such
permits as may hel .recuired from time to time by both Federal
and State law, including (without limitation) the Illinois
Environmental Protection Agency, permitting the connection
onto and the use o= an appropriate sanitary sev7er system and
treatment faci?i ty and domestic tira.ter supply in order to
develop and use t::e. SUBJECT REAL'T'Y in the manner intended
by Exhibit B attac:ned hereto.
8 . IC .
(a VILLAGE and TORODE agree that the deve?co
ment of the St " ?DI ALTY ti•;ill require installation of a
traffic light at iload an`? r-,00dglen L . e and offsite
improve ?e71ts o' fro<'i York 'per? t� thA SU J_
a_ 03ODE agree as follc);,;, -
(4L) To suiImit an i:,=e,?ia_-e app-14-cltion
bE'_fcr- ^,? State. of T1 linois , Departi-e t ,1-- Tra =%orta-
tio ^, �r c? fyF? 1T�'7J`ars� a 1Ci�0 `:� nrl� ins tal lcI _O ,
i
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of traf=ic lights at said intersection.
(ii) VILLAGE agrees to cooperate and TORODE
agrees to pursue diligently before the Department of
Transportation and any other governmental body to obtain
traffic signalization at. York Road and t•loodglen Lane.
�� (iii) Upon authorization_ _'from the Illinois
Depart:-'_ _t of Transportation, TO-'DF shall, at its
sole cost, ins-ta•ll temporary and :permanent traff i c
signal :L7,provements and the offs_te improvements of
Woodglen Lane. Temporary traffic signalization
under this subsection shall mean span wire mounted
traffic actuated signals to acco:--nodate all move- a
ments e--�' traffic . It is understood that the developer
will provide in the temporary signalization as
much of the permanent equipment as is possible.
Permanent traffic lights under this subsection shall
be mast arm mounted signals with full traffic actuating
to accomiaodate all traffic movements at the intersec-
tion. Both the temporary and permanent signalization
shall be subject to the approval of the Illinois Depart-
`- ment of Transportation and the Village Engineer. The
standard of permanent under this section shall mean
a traffic system similar to/ Street a d=�Jorie
Boulevard in the Village of Oak 'ro
(iv) TORODE agrees that it shall make the
offsite improvements to j,00dglen bane from York Road
to the SUBJECT REALTY prior to the issuance of 50%
of the building permits within t^e first phase or
unit of development.
(b} The Corporate Authorities hereby approve the
vehicular, pedestrian and bicycle circulation patterns set forth
in Exhibit B attached hereto and made a pa=t hereof .
(c} within thirty (30) days from the date of
execution of this agreement the Corporate '_uthorities agree
to adopt a resol_'lion changina the name of :''oodside Drive
to :'Woodglen Lane. "
9 . ACC PT_A_":CL OF PU?LIC IMPROVE"_-E_:TS • In addition
to Article VIII , Section 2, o- the SubdiviZ4_�on Rectulations
Ordinance, the V7 �LAGE agrees to permit `_70-1:;D1-", its successors
and assigns , as to each final plat submitte-4- for approval, the
right to submit bonds ; one containin., :--:e irn_rovements of
all undergroun_ ..til ties, including sanit=- " sewer, �,ater and
StoY'm drain=1<jc :-'.n_. surf a cc i rover;-o�nts , :_._ch surf irnz:)_'ovcc-
me Its shall r01 lo::ing : curbs , .,uttccrs , base course
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of r__ °:.ays installed, and a :`_--It binder course. Said bond
sha_L a released upon accep ._ -:co of these said improvements.
A s_2 bond shall include 4 --1 roadway improvements, together
=inal adjustments for i e_ a such as manholes, fire hydrant,
water -:ai=de and other final G::-;-ustments. It is understood that
TOR----:* , its successors and as=icns, shall be required to mare
those Dublic improvements an - de-dicate those common amenities
fal- ::_- within the SUBJECT R .`:"' ' but outside the area of the
fina' of at which are necessar•% to provide service and access to
the area falling within such final plat.
10. TEMPORARY FAC_LI TIES: In addition to Section VII,
C, 1, (6) , of the Zoning Ordnance, .TORODE shall have the right
fro-: Lime to time and at suc�-. locations as may be designated by
TORCD--- to construct residential model units, sales and rental .
of=4 es , temporary septic tar.-s and well systems, in advance
of a--.- construction of sanitar-: and storm sewers and water mains;
pro-:i_-7 hoc•7ever, (a) that ro such units shall be used for resi-
der.fi_' purposes until such ti=e as the construction of said
sari =v and storm sewers any ,,ater mains are completed and
se---. _c- is provided to said _--'_ts% (b) that all appropriate`
st_-Z e =._� county public heal'--'- permits shall have been first
and deDosted with t--2 - ILLAGE; (c) that said units
wi 7 7 e serviced with sanitar-.= and storm se,:;ers and water mains
wi t._-. t^ree (3) years from date of completion of said units.
11 . SUBDIVISIOI; I :=.R^S : TOR= shall develop
ar_d vide the SUBJECT ? in five (S) units and the
pre=L-._- ary an 1.L plats each such stage shall be sub-
i L T T X' r }.:_.._'� 1 e t 1
she V11I '.G� from _ . to t_r�e as set forth in
D attached mere Co . moclificatio= or chancres in
i% or `>C IE <�..1�-F=' CT 1�``' a-D-) OJ
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12. LET'T'ER 'F CREDIT : In, lieu of anv bond or
guarantee which is required for such improvements under any
ordinances or regulations of the VILLAGE, TOROJ= .may, with
consent of the VIL::AGE, furnish to the VILL_T_-- for such
nurpose an irrevocable commercial letter of credit certifying
that adequate funds are and will remain available at a sound
and reputable banking or financial institution authorized to
do business in the State of Illinois, acceptable to and in
-.':o-m and substance approved by the VILLAGE. Suc irrevocable
`- letter of credit shall be in effect for the length of time
required for bonds or other guarantees under the ordinances
and regulations of the VILLAGE, as modified by the requirements
of paragraph 9 hereof, and shall be in a form which . shall allow.
the VILLAGE to procure the funds irrevocably eormitted to com-
plete the required improvements if construction of said improve-
Ments shall be in default. In addition, the parties hereto
agree that any perfor -.an ce or completion and pa%-::ent bonds
required under the provisions of this Agreement shall be guar-
anteed by a surety acceptable to and in such for- and substance
pproved by the VILLA- G-7. All such bonds shall cth=,rise conform
to the ordinances of t .e VILLAGE.
13 . NOTICES : Notices or other writings which any
arty is required to, or may x%,ish to, serve upon any other party
in connection with this 7,greement shall be in •:ri ti,cT and shall
'e aelivered personall-,: or sent by certified or registered mail ,
return receipt requested , postage prepaid , adc'rnssed as follows :
(a) I" to the or
Cc=-borate Authorities :
E-)
12�'-' }a'-,brook Road
I1_l.inoi ;
f
Pith a copy to
.FRED P. EIANTUCCI, Attorney at Lay.
2 s� I%est Monroe Street
Ch_caco, Illinois 60603
(b) I` to TORODE :
c/o MR. PAUL CARSON, JR.
7545 South Madison Street
:insdale, Illinois 60521
and
V . HENRY L. FOX
610 Erterorise Drive
Oak Brook, Illinois 60521
Wlith a copy to
:?-_-HJE , WOODWARD, DYER & BURT
203 East Liberty Drive
\., V:.eaton, Illinois 60187
or to such other address as any party may from ti re to time
designate in a written notice to the other parties.
14 . SUCC=SSORS AND ASSIGNS : This Aaream ent shall
inure to the benefit of and be binding upon the successors
in title of the TRUSTEE, upon TORODE, T.D.C. , and SHORE, their
respective successors, grantees, and assigns, a„' upon suc-
cessor Corporate Authorities of the VILLAGE an successor
municipalities. This Agreement shall be valid and bindi na
for a period of ten (10) years from the date o= execution.
It is understood t ? this Agreement shall run- the land
L
and as such shall ~e assignable to and bindi na unon subsecaent
grantees and successors in interest of TRUSTEE, T0?0DE, T.D.C. ,
and SHORE; Providef-, however, that any such as:si or suc-
cession shall not to _e effect until the expiraticn of a period
of forty-rive (45) �._vs a`ter receipt by the � ��.'_^ of writt`n
notice of such assian_-�ent or succession.
'L 5 j7 �- �.: This Agreement s^?1_' enforce-
able in anv court t o - co` -_:.ete t ]u7”i sdict:Lon h c. y of the—parties
�; r ct. < i c n a ' +
o_" the-, succ �; )_ S .�_ swcins , of by a:nv ui7�r i �e ac -- ,-)n� a
}d:-, or 1n equity t',i °C Ire the t_7er _or.Ti'iancC of `�? coven_. anC
a .J —
16. CONIVEYANCES : N , ithstanding the provisions
of paragraph 14 of this Agreement, nothing contained in this
Agreement shall be construed to restrict or limit the right
of TRUSTEE and TORODE to sell or convey individual lots for
the purpose of single family development, provided the
same is subject to all and several of the remaining terms
of this .�.areement.
17 . STOP ORDERS: The VILLAGE will issue no stop
orders directing work stoppage on buildings or other improve- .
ments on the SUBJECT REALTY without setting forth on such stoc
order the section of the ordinance or regulation allegedly
violated, and TORODE may forthwith proceed to correct such
alleged violations, it being understood that the VILLAGE
shall endeavor to give ten (10) days prior written notice
to TORODE of its intention to issue any such stop order.
18. SEVERABILITY: . If any provision of this Agree-
ment is held invalid, such .provision shall be deemed to be
exercised therefrom and the invalidity thereof shall not affect
any of the other provisions contained herein_. - It is expressly
understood that the zoning class-fications set forth in para-
graph 2 hereof which have been o= shall be approved by the V=L-
LAGS purs--ant to the provisions of the VILLAGE' s Zoning Ordinance
shall survive this Agreement and s--all g continue to be the zoning
classifications applicable to the SUBJECT REALTY as delineate
in said varagraph 2.
19. MODIFICATIOI S : !-n-I :codification or changes
in the preliminary plat, the zonin or subdivision regulatio~s
-ordinances or building_ codes, -ich affect or nav be the sub-* ect
of any provision of this Agreement or the exhibits hereto be
approve-4 the VILL.7 GF or apprc::--iate acrencv or commission
thereof 4 n accordance with la.'; h-, ;-_ a'endI-Ient to this
Annexation 'agreement.
20 . COnPOR471TE CAPA"-'I_,- The partias ac--noo;1e`-7e
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anc a--ree that the individuals who are members of the group
constituting the Corporate A_:thorities are entering into
this 7.,-reement- in their offi- ial capacities as members o=
such aroun and shall have no personal liabilitv in their
inci idual capacities.
21. INDEMT,IIFICA I- :D HOLD ITAR.11LESS :
A. TORODE, i.D .C . , and SHORE, and their respec-
tive Successors , grantees , and assigns, jointly and severally
aaree to defend and hold harr..less the VILLAGE fro* any and all
clai-s which may arise out o_ the negligence or willful ris-
con`::,_,ct oL TORODE, T.D.C. , or SI;ORF, their respective agents,
emploees, and sub-contracto_Ys in the performance of their
deve_cnment and construction_ activities under this Agree::.ent.
TORCDE .dill deposit with the VILLAGE a certificate of liability
insurance, the form of which is to be approved by the VILT,AGE,
in the amount of at least $1/5 MILLIOFd .DOLLARS, coverings such
deve-=-:ent and construction activities, including the VILLAGE
as an additional party insured. Such insurance shall be ,rritten
by stoc:: company rated by rest Reporting Service as "A!.A"
or getter , with a nest General Policyholder rating of : "a`' or
better . Such certificate of _ Lability insurance and a copy of
the insurance nolicv or policies shall be deposited vitl, the
VIA .CE :,efore the commence-.e.-." of any such work. The policy
shall provide a ten-day "prior notice of termination" provi-
sion In of the VILLAGT.
L. In the event that as a result of this
Acrea-. .e~t , or anv actions ta::_en as reQuired hereunder,
the is :-lade a party : e=-_n_ant in any:- litigation arisin:.
b-,- of this .gre e-lent , T, .n.C . and SHTORr, Jc i-ntly
ar." _e :e ally, aCtre_e- to defff , an-'a hold ha.r:..11ess t'rl� 'Y': '�;.3T'
s " - cents thereo`
r�'S1c���nt, Trustees , :?= .`l�. _,_ :� �lT::� a _ j
and collective , -ro-:1 an-,., suits and frorl a^fir
12
i
claims, demands , set-offs , or other action reduced to ju:.'gment,
arising therefrom. The. obligation of TORODE, T.D.C. and SHORE
hereunder shall include and extend to pavment of reasonahle
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 TORODE, T.D.C . and SHORE shall have the right to employ
all such attorneys to represent the VILLAGE and its officers
and agents, in such litigation, subject to the approval of the
Corporate Authorities of the VILLAGE, which approval shall not
be unreasonably withheld. TORODE, T.D.C. .and SHORE shall have
the right to appeal to courts of Appellate jurisdiction any
judgment taken against the VILLAGE or its officers or agents
in this respect.
22. SCHOOL CONTRIBUTIONS : TORODE shall contribute
a total sum of TWTNTY-THREE THOUSAND EIGHT THUNDRED FIFTY DOL-
LARS ($23, 850. 00) to be divided among the school districts having
jurisdiction over the SUBJECT REALTY. Said contribution shall
be made through an escrow established at tie Chicago Title
Insurance Company, Du Page Division, for that purpose, v7ith
the first deposit being made therein on the first day of August
following the issuance of the first occupancy permit for a unit
in the FOREST GLEN SUBDIVISIW . On that dare and on each
August lst thereafter until all occupancy :permits have been
issued for the FOREST GLEN SUBDIVISIO_y, TO PODF shall deposit
$150.00 (computed on the basis of $23 , 850 . 00 divided by 159
proposed units) for each occupancy per-mit issued for a unit
in the FOREST GLE" SliEDIVISIO'; for the pre.ri.ous year. . Should
the total number units n 111'= TLE?<" be yore or less then number o, in _ O C
159 single family d:�;elling units , then an a :just-7ent in he
CCn Lion s'_^.ull !�,e :� IC.E in the final -year.
=Is ana ,,`yen the contribution shall_ be made
:`sc=oL`;', thc, SCYOGIt?__ shall, be, C11.recLe . to ?sburse the -i,—.)ds
{
at the sole discretion of the school districts having juris-
diction over the SUBJECT REALTY.
23. CO,:TRI BUT I01?S : TRUSTEE or TOnODE shall not
be required to donate any land or money to the VILLr"-GL', or
any other governmental body, except as specifically provided
in this Agreement and as otherwise may be mutually agreed upon
by the VILLAGE, TORODE and TRUSTEE:. TORODE, T.D.C. and SIIORE, and
each of them, hereby acknowledge that the donations contained in
this Agreement are made voluntarily by them and that they hereby
waive, for themselves and their respective successors grantees,
and assigns, the right to contest at any time in the future the
validity or the amount of the donations contained in this Agreement.
`•- 24 . TRUSTEE EXCULPATORY CLAUSE It is expressly under-
stood and agreed by and between the parties hereto, anything
herein to the contrary notwithstanding, that each and all of
the representations, covenants, undertakings and agreements herein
made on the part of the' Trustee while in form purporting to be
the representations, covenants, undertakings and agreements of
said Trustee, are nevertheless each and every one of them, made
and intended, not as personal representations, covenants, under-
takings and agreements by the Trustee, or for the purpose or
with the intention of binding said Trustee personally, but are
made and intended For the purpose of binding only that portion
of the trust property specifically described herein, anc this
instrument is executed and delivered by said Trustee not in its
own right, but solely in the Exercise of the powers conferred
upon it as such _rustee; ar_d that no personal liability or personal
responsibility is assumed by, nor shall at anv time be asserte;'•.
or enforceable aca_r_st the CI�ICAGO !'I 'Li. VND `T'RtTSrP Cb'IPA_-IY on
accoun4- 01 this 1 Strtii:'.:`1t or On account Of anv rE: ros cntatior ,
COVE'_:"ilit%, ili'Cir 1'i;?rj or aC,rE,"'t=?1[ Of t?in ra1(I --I'rt.?st:'E-_' in ttt-1S
Inc f r umont con 1--a i- e-,3 e- .. res, -e n � 7 a s �" • - ?
t-� �..�r e-•:p_ �..�a sect or i n iac , .11 such p�.� s�r: ..,
11ah,iIit ex ressl„. f'ic`tive c' anrfl rele as'O .
.1 -Eli”' part a s •tt_er to ha-,,-c-, executed
cuted
i
this Agreement on the day and year first above written.
CHICAGO TITLE AND TRUST COMPANY, not
individually but solely as Trustee under
Trust Agreement dated October 22, 1951,
and known as Trust No. 35226
By
ATTEST: K
TORODE ASSOCIATES, a Limited Partnership -
TORODE DEVLOPMENT CORPORATION
� (Gener Partner and idually)
HENRY L , re;ident
ATTEST:
AND
SHORE CORPORATION (General Partner and
Individually)
By t�-
PAUL CARSON, JR. , Prdsident
ATTEST:
VILLAGE OF OAK BROOK
By
ATTEST:
T AT- PART OF LOTS 45 AND 46 IN ROOSEVELT ROAD PO ._ COMMU4I T Y, BEING A
S 13D V I S I O�� IN THE` NORTHWEST- -FRACTIONAL QUARTER OF SECTION 19, TOWN-
SHIP 39 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THOSE
PARTS OF VACATED HIGH STREET AND THE NORT14 HALF OF A VACATED 20 FOOT
ALLEY, DESCRIBED AS FOLLOWS :
1
COQ'-IMENCING AT THE SOUTHWEST CORNER OF SAID LOT 46, SAID CORNER
BEING ALSO THE INTERSECTION OF THE EASTERLY LINE OF SAID HIGH STREET
AND THE NORTHERLY LINE OF SAID 20. 0 FOOT ALLEY; THENCE EASTERLY ALONG
THE SOUTHERLY LINE OF LOTS 46 AND 45, ALSO BEING THE NORTHERLY LINE OF
SAID 20. 0 FOOT ALLEY, A DISTANCE OF 35.73 FEET TO A POINT ON THE WEST-
ERLY LINE OF THE ILLINOIS TOLL ROAD, AS DESCRIBED PER PLAT OF SURVEY`
RECORDED AS DOCUMENT NO, 195 95 459 FOR A PLACE OF BEGINNING; THENCE
SOUTHERLY ALONG A LINE DRAWN PERPENDICULAR TO THE NORTHERLY LINE OF
SAID 20.0 FOOT ALLEY A DISTANCE OF 10.0 FEET TO A POINT ON THE CENTER-
LINE OF SAID 20.0 FOOT ALLEY; THENCE WESTERLY ALONG THE CENTERLINE
OF SAID 20.0 FOOT ALLEY AND SAID CENTERLINE EXTENDED WESTERLY, A DIS-
TANCE OF 85.89 FEET TO A POINT ON THE WESTERLY LINE OF HIGH STREET;
THENCE NORTHERLY ALONG SAID WESTERLY LINE OF HIGH STREET, A DISTANCE
1S--0F 27,79 FEET TO A POINT, SAID POINT BEING 50.0 FEET WEST OF, AS
MEASURED PERPENDICULAR TO THE INTERSECTION OF THE SOUTHERLY LINE OF
THE ILLINOIS TOLL ROAD, AS DESCRIBED PER PLAT OF SURVEY RECORDED AS
..DOCUMENT NO. 195 .95 459, WITH THE EASTERLY LINE OF HIGH STREET; THENCE
ALONG A LINE WHICH IS PERPENDICULAR TO THE EASTERLY LINE OF HIGH STREET
TO SAID INTERSECTION OF THE SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD,
WITH THE EASTERLY LINE OF HIGH STREET; THENCE SOUTHEASTERLY ALONG THE
SOUTHERLY LINE OF THE ILLINOIS TOLL ROAD, AS DESCRIBED PER PLAT OF
SURVEY RECORDED AS DOCUMENT N0. 195 95 459; A DISTANCE OF 34,72 FEET
(34.59 FEET RECORDED) TO AID ANGLE POINT; THENCE SOUTHEASTERLY ALONG
SAID WESTERLY LINE OF SAID ILLINOIS TOLL ROAD, A DISTANCE. OF 5.99 FEET
(6, 08 FEET RECORDED) TO THE PLACE OF BEGINNING, ALL OF WHICH HAVING
BEEN VACATED BY DOCUMENT N0 , 194 41 281; IN COOK COUNTY, ILLINOIS,
4
ALSO:!
PARCEL "A_2" :
THOSE PARTS OF LOTS 1 TO 17, BOTH INCLUSIVE, IN BLOCK 4 AND THAT PART
OF LOT 1 IN BLOCK 5, IN OLIVER SALINGER & Co. 's WESTDALE GARDENS.,
BEING A SUBDIVISION IN THE NORTHWEST FRACTIONAL QUARTER OF SECTION 19,
TowNSHIP 39 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL. MERIDIAN AND
THOSE PORTIONS OF NIGH STREET, DICKENS STREET, 11ARIom AvEzmUE AND THE
SOUTH HALF of A 20 , 0 FOOT ALLEY, ALL OF WHICH HAVING BEEN VACATED PER
DOCUMENT NO. 194 41 280, LYING WESTERLY OF THE WESTERLY LINE OF THE
ILLINOIS TOLL ROAD, AS DESCRIBED PER PLAN: OF SURVEY RECORDED AS
DOCUMENT N'O . 195 95 459, IN COOK COUNITY, ILLINOIS,
ALSO
CEt_
LOT I IiN CLAYTON ' S ASSESSMENT PLAT, BEING A SUt3DIVISI011 OF PARTS OF
THE NORTHEAST QUARTER AiID THE:: NORTHHEST QUARTER or SECTIC 'I 2L , TO';tii`I�'
39 NORTH, U,iGEll EAST OF THE T;I I RD fR I NC 1 Pt`%L R I D I C�O�;D I j ti
Lfi'+T THEREOF ?c__ i D I'IARC i ?j I9t� s",S 3 P,
r , 1 ,
A G R E E M E PT T
THIS AGREEMENT made and entered into this.
day of I��' _ 1975, by and beti..een TORODE
ASSOCIATES, a Limited Partnership (hereinafter referred
to as "TORODE") , and the OAK BROOK PARK DISTRICT, an
Illinois Non-Profit Corporation (hereinafter referred to
as "PART: DISTRICT") ;
W I T N E S S E T H:
ETHEREAS, TORODE is the developer of the property
legally described in' Exhibit A attached hereto and made a
part hereof (hereinafter sometimes referred to as the "SU EJECT
REALTY") ; and
MIEREAS, TORODE has set aside approximately 12. 2
acres of the SUBJECT REALTY for park and recreational fac-
ilities (hereinafter referred to as the "Park Land`) ; and
WHEREAS, said Park Land is depicted on the site
plan prepared by TOUPS & OLSO_:, dated June 14 , 1975, a copy
of which is attached as Exhibit B and made a part hereof;
and
WEEREAS, TORODE intends to make certain improve-
ment-s to the Park Land, as hereinafter set forth; and
67I:EREAS, TORODE intends to develop the SUBJECT
�eJ REALTY in five (5) units over a period of four (4) years,
the major part of the Park Land falling in Unit No. 3; and
V"HEREAS , TORODE has agreed to convey and PARK
DISTRICT has agreed to accept that area depicted as Park Land
on Exhibit D attached hereto and made a part hereof;
IOti91 TEEREFORE, in consideration of the forego ng
and the mutual covenants and agreements hereinafter contained
the parties agree as follows
1 . CO A!L Y ANC T?S . At t.`.e ti e` or -tires TORODF.
records final plats in the office of the Pecorder o` Deeds
for any part or all of the SUBJECT T;LI U-CY, T4::ODP. shall
convey, or cause to be conveyed, within sixty (00) days
after such recordation, fee tiZ--le to'-that portion of the Parr:
Lana located within said final plat or plats, to the P.�' K
DIS` 1RICI', free and clear of all liens and encumbrances, an--'
present a title policy insuring clear title to PAaK DIS^ZIC T
subject only to the items listed belo�•,r issued by a title
insurance company acceptable to the PARK DISTRICT, with respect
to said sites, in the amount of $1,000. 00. Any conveyance shall
be subject only to the following
(a) Standard printed exceptions usually
contained in title insurance policies issued by
said company;
(b) Reasonable easements for utilities and
storm water management facilities;
(c) All covenants, conditions and restrictions
of record.
(d) General taxes for the year in- which con
vevance is made and subsequent years.
(e) All recorded docum�e nts relating to the -
develot7'le_nt of the SUTJEC'" R:3AL t'Y.
2. E-PROVEME.:^S : TORODE shall cause the follow-
ing i::�provements to be constructed on the Park. Lard
(a) Ttecreationa! facilities set forth. in E?�:�ibits
C , D, E and r attached hereto and made a part hereof ..
(b) To construct the lakes and Lmprover:ents
related thereto as shown on Exhibit B (Site Plan) , it r,eneral
conformity t•:ith th "Illustrative Cross Section of Lakes, "
as set forth in Exhibit D attached hereto.
(c ) To construct a sip.. foot bi gargle path as
shown on the ';Perk Dcvelopment Details" as sc't Forth on
- (d) That the improvements set forth on Exhibits
C, D and E shall be built in accordance *,,,ith ti.e specifications
set *forth in Exhi1li`t F atL-zclled hereto (Specifications for Park
Land) or equivalent equipment. The cost of all equip tent and
construction set forth in Exhibit F is baser: on 1975 prices.
It is the intent of the parties hereto that the same quality of
equipment and construction shall be maintained regardless of
v-hen the cork occurs. inhere`ore, if at the time the equip-ment
is purchased and construction is completed the cost of the same
has increased, an appropriate adjustment will be made and the
increased cost, if any, will be assumed by TORODE.
(e) To maintain, where possible, the Parr. Land
in its natural state and to grade and seed all areas within
said Park Land disturbed by development.
3. TI"IE OF COPTSTRUCTIOIN: TORODE agrees to com-
mence the construction of the major improvements, including
the items set forth in Exhibits C, D, E and F,*, within three (3)
years from the date of the execution of this ?`agreement, ox when
fifty percent (500) of the occupancy permits have been issued,
whichever occurs first; and to complete saic construction
within five (5) years or when seventy-five percent (7590 of-
the occupancy permits have been issued, whichever occurs first.
4 . B011 D 1117 G - At tha time or tines final plat or
Dlats are recorded in the Office of the RecorOer of Deeds for
any part or all of the SUBO-ECT IR.T::ALTY, u:hici� contains areas
designated on Exaibit E as Park Land, TOR!OD� acrrees to deposit
a bona :•:ith the VILLAGE OF 0 �:: t::00Y, for the c costs
�, � �. es�ir��.te i
of the improvements on the Park Land contained within" said final
plat or plats, as caller for herein.
5 . Jl I�.. . T?r i c r to CO.m once-
tilt' i'lj"�r(>VCi? 'T1LU S^� `o t`_h in LJ� ra,,".raph 2 c1�'O'J�?, TP_7
u
3
DIS`"RIC`I" grants TO RODF, its agents or employees, an easement
t0 vo upon tI1C'. 1c.r�' COI?VCyed t0 the
P SRI' DID RIC`��. for -he
purpose of makinc- the 1.:ILlrOVEiIE`n�S , as called for herein.
G . :CC_'SS TO PARK TORODE agrees to provide,
bet;..een Lots 99 and 100 as . shot. n on rxhihit n, hare' surface
access of sufficient size and strength to permit incgress and
egress onto Park Land for maintenance equipm;nt.
7. TORODE agrees to incorporate in
the Declaration of Covenants , to be recorded and to which the
SUBJECT REALTY is subject, the following provisions :
(a) That no owner of record , his family,
�. guests, or employees, shall deposit any refuse on the Park
Land, including (but not limited to) garbage, grass clippings ,
Christmas trees , branches or waste material* of any type.
(b) That the owners of record abutting any
retention areas shall maintain that portion of the shore
which abuts their property.
(c) That the home association sl:all
maintain the entranceway lyinc !"est of t:oodside Subcit,ision
:,hick has been conveved to the PAR ' DISTRICT.
8 . PRO-RATIONS : General tales for the year i
which each conveyance is made, as called for herein, shlail be
pro-rated to the crate the deed is delivered to the Office of
the Park District.
9 . =7-)IT IO ?: This Agreement is conditioned -Upon
the anne�_ation and rezoning of the property container in
%,:h ibit attache-' hereto to the VILL%GE OF OAK
the parties have here'-.nto so
Y
r
w
their hands and seals on the day and year first above ,,,ritten.
TORODE ASSOC IA l_:�,, a Lir i.ted
Par ,rershio
By � i o
OAK DROOK, PARK D.IS�RICT, an Illinois
ion-Profit Corporation
d n�
ITT .5T
t
1-:1'.1)1 1 a..°. t 7 1.t1S"t. O- 1.ttti J:.1. > ..,.......
39 NORT11, 1'"GL' -.
tirlZ Dxl1.i, Ai�E) T110sE F'!�`'Ts or Vtict'iTLt� ltYC.l s'Lt:I_UL
AND TEtE I 01:1 I1 IEi�LI? U; �tltCATI 0 20 100T ALLL�:,
. vl SCP.ICED AS PflLLO"."S
" J • • CO�titr't`C�hG AT T1IC 50LT1it•JE5T CQRZI '. OT= SAxD
LOT 116, SAID CORNER BLC� t'�x�US'cOil'GIicSTt;t'Cf'�'�CDxO}C_
OF- THE EASTERLY LINE O •� TIE\C:'
hOR'3 tII RLY LxNE OF S��xD 20 .0 FOOT ALLEY;
EAST>✓iZLI ALONG TEES SOlrisjER�Otttll [L0�T. t: UOtOSATD
1i6 AND 45,' ALSO BCx.
2a.a FOOT ALLEY, A DISTAt"'CE OF 35.73 F£ET TO A
' - POINT ON THE 1,?l?.STERLY PLE1T OP1 SL'RV1=Y i ACOR TOLL
D
fioAD, As' DESCRIBED x 459 Vol-, A p;,,ACE Or-
• AS DOCUMENT 10. 195: 95
GxI�NING; 'THEi�Ci SOUiili�l:LY t1LQ`:G, A L_xi:L D:Z:It�'::
• pEI`;DICULAR TO TILE NORTHrRO_aZl%ET�TOSAID
f Do10 fl1
TOOT ALLEY Ei DISiA�..,� 0� "i11E\CE AL Y
THE GI NTL'P�LINE OF'SCCDT �LQNLOOK' SAID 20.o roor
.Y•I);STERL� ALONG THE A DZ
Ax,LZY AND SAID C £ITT;;I OINI�PQI LA01DTIt SI. STERIN
TANCE Or 85 -88 -FE TI1E`:CG �0'z'.THEC LX ALONG SA
ID .
• •.. LIM OF HIGH
STREET;
• tJESTEP.LY LINE OF HIG1? STREET,EING�50A.00r- OF 1,L•ST
I'EET TO A POINT), SAID POIi
OF h5 ~II;ASUEtED PL'.Zl'EIDIGLTLAR TO THE Yt'THRSEGiiOti
` OF T?1E SOUIH_r LI►:E C OF SU'RVEL'L CO D�AS DOCU-
. AS DESCRIBED PER PLA1
• IIENT No. 19 5 9 5 4 59
t�ITH Tc?E EASTERLY L1,=E OF
• xIGH ST1?.EGT; THl•:\Cr LO\� ATI•�I £xlc �si EE1LTO `..
x}ICULAR TO TIIr EASTERLY
• 1 SAID INTERSECTION OF THE TO rl"r, ERL.Y�LIOE or
. ; ILLINOXS TOLL ROAD,
• NIGH STREET; THENCE' S011TI?Ei1STL'P.LY ALQ:,G T1iE
• • liERL1' LIME OF THE ILLINOIS lOLLAS DOCU:AS DES•
SOUT
e CRIBED PER PLt�T OF SUP.VEY r.ECOiZDLD 1FEL•T (34:59
• . r0. 195 95 459 A`DISTANCE OF 34.72 i
FEET RECORDED)
TO Ati A-L,, POIi�T; TI.ENCE S0;7 tl
• EASTEP•LY ALONG 'SAID D STA\Cr Or 5.9901 EET (6-0B
LAOIS TOLL 1WI A DI
II?.ET }2ECORllED) TO THE PLACE OF BFGI► 1I 2 ALL OF
?IC1? 11AVIi�G BEET; VACATED BY DOCUiI�1s sti0. '194 41
tII '
281, IN COOK COUL ky , ILLINOIS. .
• also: , ,
1� 11 T1i0SE PARTS OF LOTS 1 To 17a�T,OT�?lI:>LOCRI`S 'I`�; .
yARCEL A"2 BLOC?: 4, &ND THAT Pt1P.T OF i_ �
OLxVEit SA j`,up, & CO.,S WFS'S.D- L'_-' GAM'""\-S , I,F'. :G JL-
A 5UI3DIVISION Iti TLS itiol:Tftt:t,S1' F2C\CTION t?- CZ
EJhP�-
• TER Ol SEC'fx01 19 , TOt47�.SiIIP
39 itOiZT1l, %. .1 12
• EAST OF TEE 3RD PE:IlICIPA'L i:t 1ZI Dx:1N Ii�F iT1' r1h�G?,
•
PORTIONS Of- '1ItG1I STREET, DICKIEOS STiC ,
/R
AtiENUE, XM T1IE SOUiH It�Lt: OVACATED 2pC� DOCI; �
ALL Or 1TttICt? 11AVI"G`BLC�.
i�0. 194 41 280, Z,LI..G Idt;STC['.?.�'•OI' T11E tI1;5 F L'RL1`
• .,.�-t
LINE -01" Ti1E ILLIi:OT?SZECORDE iDAS�DOC[JIiLS£R;o=D.
TER PLAT OI' SUPIVGY
1ER 95 459, IN COOK COUNTY, ILLINOIS.
o
• Pmt r'".. .L O
P C
l 7± 7 tT� NT r, 1 -
......_..--- ^^..."'_`-"-�• Ii•.1U 1r1� O PARK DTSTR-IC lJ
APE'EME Ei
•
Ye1l:CC:L L01' I IN'
DIVISIM 0!' P��I;"!'S Oii Il. Noj,*rf*,I:A.`i'!' QU�\I�:E't:K A-L)
1ti01�!'l1tdLST QUA RTE-1; OP -jECTION 24 , *fol,•':.'S'.1T? 19
1\OR1'!l, I A?,G!: II t:!\SL Oi' 21tl. '!IM'D !RING?1PAL
t titZT DI11�d, e1CC01a C7,C; TO PLAT TIIL-'12�'.OF R1:COi:DI:D 1.
;ARCH 2.2 , 7.965 AS DOCUMENT NO. 1:65-S73G , Ii; ;)ti
PAGL COU`IX , ILLLi:0I5, SUltiECT TO P,7-,. rVl f
\ 1•IEiuTS, 7.00 FEET IN t-iZD"t 1, FOR CvtGl'.i:SS ST. f 1-
PRESSt�AY SEU'ER 1ZGCGI,'Dr D PER DOCU:-i,:" NOS . 90.)0 L
1`,7`ID 951558 AND AS SHOUNI ON PLAT RECORD::D PL
CUKENT NO. R65-8736 AND ALSO SMIJECT TO P� R`��`: NT
IASE`iI:.ITS FOR INGRESS AN EGRESS, S1;ttl:P. A M L'ik-LER
SXSTE;j THROUGH A ST,UP OF LAND 66 FEET IN tvl.D i,
SAID 66- FEET BEING TUE EXTENSION' i:ORTIf 'ESTER, T ���
OF THL' FLIGIIT OF WAY LINES O.' WOODSIDE DRIVE' AS SnO.,rN
' ON THE Pi--,%T OF VOODSIDL ESTA71ES, A-Ne7 P.EC01:�JED AS
DOGUL-IE\T \OS. 95185.8.AND P,64—A578.
- a .
2 it 7
-
E . /j tecndsso�t�n twf4nr
# total 1
zr @o wim CC. 00.0 ale ��fi} �OOv�nVoit�j3r�•�=�� �:.�.V;�a-��
It
single f:)ratily U4.4 VC. 70.0 1310
�r opor"I space tPub.lc) 11.7 Co. 10.4
o
�
C]pE`TI sp^uCO tprivrrta) 4.L' CC. ~ Y � 4 \ / 4•'
fS,N public r.o.w. 0C. 10.6 ale
w no. of s.f tots
donsity Corona) 1.7/d.ui+ no. c ,� t., �� =l�`� '•' \ 1i
1-3 lx' t]VG'. lot; size ' 17,C40 � ..o R. „�C�— "'` •. /.. y JJ j Y
a ,• ( -43�
iin. ft. of roadway .11,723' y?•�'�\,•;' ;i',�,,t:� �"'�\ �. \'°� \�/�� l �
O \` ` -
;`�
lot area Includes private open space �0� � ua V, +'>•:�N �� \ _ �I -,�.._.s_ _•y�_ _ ' �
,.
—landscape uer
� e tandaeapo buff or-
C) ,��, •-.- +� �.-•'-="Sl-C� �� � ��.il�_� � pn tt
s-
�: ` fk i r y-
1 nei hborlx�od pow
`� ;!y� ! r'. y t ,d, ' a—. •a\ W. .E` `,a+�,,y \ ri p 'a.7
T �y, �n, _. � `'�.w o.�o .. .. ,���.--L— `���` tee' ,�•_ 1' \� �•_�,,r• �, 1 F'
Rl
Woodoldo Estates Y.' ., t ' ., `1� --►,,, `` ,���
4: Subdlvialon
all
If
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EXHIBIT F -
TO AGREEtIENT BETWEEN OAX BROOK PARK DISTRICT
AND TORODE ASSOCIATES, DATED 4, �' ;r rf�;l t`( ,197
i
I . Baseball/Softball field area (D) to be roughgraded, fine- .
graded and seeded- Pitch in grade elevation to be from
L homeplate (high Pt. ) to leftfield (low pt. ) in order to
natural drain area toward lake_
Location to be staked by developer as per layout of Master
Scheme Layout. There will be no special ballfield mix,
only seed.
{
Backstop. (portable). to be provided as mfg. by Paul Buckley
& Associates, P. 0. Box 283 West Union, Iow' a 52175 (319)
422--3820, Catalog No. 341-322, 1975 price listing of $729 _00 .
II. A water line to be installed to a location near the shelter
area (B) for future drinking water_ Drinking fountain to _
be provided by Park District. -
III . An underground electric line to be installed. and location -
marked for future use at the shelter area.
n IV Playground area (C) and equipment:
All play equipment as manufactured by Howard L. White &'
Associates, Inc. , 345 Walnut St. , Northfield, Illinois 60093,
(312) 446--6620, to be provided and installed_
The following equipment breakdown as* per item description,
catalog number, catalog page number and per item 1975, cost
is shown. It' s recoymmended that developer purchase items
through Park District to receive sales -tax exemption.
1. Octagonal Wood Shelter; No. 2579--32` diameter, page 86,
1975 price listing: $5995.00 .
2. Contestoga Wagon; No. 648, Page 7 ,: 1975 price listing:
$709 .00 .
3. Teepee=l panel,. No. 261 , Page 7., 1975 price listing:
$259 .00 @x 2 .
4 . Saddle elates , Nos . 79 & 191, Page 30, 1975 price listing:
$106 .00 @ x 2 .
5 . Standard Fort, No. 6650 , Page 37, 1975 price- listing:
$829 .00 .
6. Bike Racks, No. 707, Page 76, 1975 price listing.
$89 .00 @ x 2 . -
7. wood Slat Park Benches , No. 4066 , Page 65, 1975 price .
listing: $72 .00@ x 5, to be located as directed_
E};hibit F to Park District Agreement
Page 1 of 6
All equipment-. to be installed as per recommendation of manu--
facturer as to footings and distance between one item and
another. Equipment will be installed within an enclosed
area that will be bordered by railroad ties - Number of ties
used will be determined after proper location of equipment
has been staked . Railroad ties to be pinned_ Ground cover
within enclosed area will be woodchips at a minimum depth
." of 6 inches . Enclosed area will also be provided with
drainage provisions as best judged by the developer, in
order to keep area in a dry state.
V. Bridging of Lake narrows (F) for bike and pedestrian path-
way to be constructed- as per "Footbridge Section" shown on
drawing of Developer dated August 4 , 1975 _ .
VI. -Pathways (E) to be constructed as per "Pedestrian & Bikeway
Cross Section" shown on drawing of Developer dated August 4 ,
1975. These same construction materials and methods to be
used for areas designated as bike racks in the area of
shelter and playground.
VII. General Landscaping Observation:
Landscaping of shrubs and trees should be an integral part _ _
of and around the designated recreational active areas and
^ at locations of merging pathways as well as the entrances
into the Public Park Open Areas . Treatment of landscaping
around the bridge area is also important. If excess fill
(clean) is on location, fill should be used and so designed
to create earthen landscape mounds , not only for esthetics
but for screening purposes . These mounds should also be
provided with plant material and seeded_ Where possible,
Park Land will be left in its natural .state.
VIII . Tennis Courts and Basketball, Court (A) (Bituminous Surfaced)
This area to be installed, designed and constructed in its
entirety as per specifications attached.
Page 2 of 6
• Specifications for .
Bituminous Surfaced Tennis Courts and Play Area
Earthwork
A. Scope of work:
Furnish all labor, materials , equipment and services and
perform all operations necessary to complete all earth-
work indicated on drawings or -hereinafter specified
B. Stripping-Filling-and Materials
1. Remove topsoil to its entire depth from `areas to be
covered by bituminous paving.
2. Loci areas under proposed paving shall be brought up
to proper grade with clay. or pit run granular material.
3.. Place fill in maximum 8" layers and compact with
vibratory equipment so as to produce a compaction of
95% proctor density at optimum moisture.
4 . Fill shall be left in close conformance to the
elevations and slopes required with proper depths
left for bituminous paving and its sub-base. . .
5. Stone base shall be approximately 4 inch (minimum)
depth of 2"-3" with an approximate 2 inch {minimum}
depth of 3/4" stone leveling course rolled to grade.
II . bituminous Paving
A. Scope of work
Furnish all labor, materials, equipment and services and
perform all operations necessary to complete all bituminous
paving work indicated on drawings or hereinafter specified_
B. Standards and Materials
1 . Standards . Where applicable, these specifications
shall conform to the latest Standard Specifications
for Road and Bridge Construction of the State of
Illinois Department of-Public Works and Buildings--
Sections references are -to these specifications .
2 . Four inch BA.M base under courts shall be standard
bituminous aggregate mix and shall be applied and
compacted to within 1/4" along a 10 ft. straight edge_
3 _ Top course ,shall be 1 inch (minimum) hot asphalt
tennis court mix with no aggregate larger than 1/4
inch in size . This surface shall be 1 inch thick
rolled to attain final slope, pitch and grade with
no variations greater than 1/8 inch along a 10 ft
straight edge in any direction_ The surface -shall
be free from any voids , roller marks or ridges
Page 3 of 6
4 . Color coat on court shall be three-coat dark green
Plexipave System with white striping, applied as
follows
a. Prior to applying this system, the net sleeves ,
Posts , inserts and fencing shall be installed.
b. Over the asphalt surface course, apply two (2)
coats of Plexipave Acrylic Filler Coat in accord-
ance with the manufacturer 's directions at a rate
of not less than 0 .08 gallons per square yard
total for the two coats (60
g allons for
800 square uare
yards) . If the asphaltic surface course is not
covered to a uniform, even texture free of all
porosity, a third filler coat shall be applied to
attain uniformity. The first coat shall be applied
lengthwise of the court and the second coat cross-
wise of the court. Dilution rate will not exceed
one part water, two parts filler coat.
C. Prior to- applying the finish coat, a final, care-
ful inspection of the entire surface shall be. made
to remove any ridges, loose or foreign particles .
d. The final finish coat of Plexipave (Plexichrome)
shall be applied as directed_ by the manufacturer .
at a gate of not less than 0.04 gallons of material
(30 gallons per 800 square yards) The application
shall be made lengthwise of the courts with a wide
hair type pushbroom and shall produce a uniform
color throughout when viewed from a distance of
25 feet from any edge of the court at mid-day
Dilution rate will not exceed one part water, one
part .finish coat.
e. White lines conforming to U .S . Lawn Tennis Assoc.
specifications shall be layed out and Plexicolor
Line Paint (100% Acrylic Latex) applied by brush
or spray free of any fogging or over-spray.
5. Wood edging shall be 2" x 6" Yellow Pine or Fir LLwber
in minimum 14 foot lengths . Lumber pressure treated
with water--borne preservative to meet or exceed
requirements of American 1%7ood Preservers Institute
Standard LP--22 (retention 0 . 40 lbs . per cubic foot) .
C. Guarantee:
The developer shall guarantee all bituminous paving work
-� under this section to be free of defects in material and
workmanship for a period of one (1) year after completion
and final approval by Park District, and shall repair or
replace at his own expense any and all portions of this-
work which may develop defects within said period-
Page 4 o'L 6
'IS _ Fencing Work
A. Scope of Work
Furnish all labor, materials , equipment and services and
perform all operations necessary to -complete all fencing
work indicated on drawings or hereinafter specified;
including but not limited to the following:
1 Four inch galvanized "H" beam supports for plywood
practice board_
B. Standards and Materials _
1 . All chain link work shall be in accordance with the
following standards and specifications of the Chain
Link Fence Manufacturers Institute:
a. "Standards for. Galvanized Steel Chain Link Fence
Fabric."
b. "Industrial Steel Specifications for .Fence Posts,
Gates and Accessories."
C. "Standards for Chair -Link Fence Installation"
or
as indicated on the drawings or specified herein.
2. Chain Link Fence Materials shall be industrial Fiber
guard System •with vinyl-coated forest green chain
` link fabric and color-matching posts and fittings as
manufactured by National Fence Mfg. Co. , Inc. or equal.
3. Fabric 2" , 9 ga. bethanized knuckled top and bottom
throughout.
. 4. Tubular top rail and intermediate rail, bottom tension
wire and cast malleable post caps .
5. 2500 p.s . i . concrete bases.
IV. Equipment Work
A. scope of Work:
Furnish all labor, materials, equipment and services and
perform all operations necessary to complete all equipment
work indicated on drawings o-r hereinafter specified_
B. rlaterials and Installation_
^ 1 . Concrete shall be 2500 p.s .i.
2 . Net posts shall be 335 inch O.D. as manufactured by
Howard L. White & Associates, Inc. , 345 Walnut St. ,
Northfield, Illinois 60093, (312) 445-6620 . Include
net tightner reel , eyebolts and center ground tie
down sockets for each court.
Page 5 of 6
3 . gets shall be No . 339, as manufactured by Ho;lard l _
white & Associates, Inc_ Include center. tie down
straps . stationar_-
4 . Benches shall be No_ 4 66 , straight ley stationary
6 ft. long , redwood as manufactured by Howard L-
vhite & Associates , Inc . All benches to be finished
with a seal preservative coat finis�rts shall be
5 . Practice Board. 2" x 4" cross supp
painted. Fir Plywood shall be 3/4" marine plywood withh
2" x 4"/block behind, butt joints - Screws and bolts
for anchoring blocking and plywood shall be stainless
steel . All wood shall be painted two (2) coats,
color to match courts and fence, after erection_
6 . Basketball Backstops and Standards to be fan shaped
No. 641, with nets No. 423, with pcattileveredpract?ce
O>D_ Posts wit.'cx 32" extension.
board, shall ba of saaae quality and should refler to F
drawings as indicated. All materials as manufactured
by Howard L. white & Associates, Inc.
7 . . All equipment mounted, in blacktop shall be core
drilled after blacktop work is complete and prior to
sealer coats .
8 _ All equipment shall be mounted at official or recom-
mended heights at locations indicated- Provide all
necessary mounting devices, anchors and accessories
necessary for A secure, farm and permanent .i.nstal.lation.
END OF SPECIFICATIONS
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