2018 010 Ordinance - Laserfiche WebLink

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BVHEREAS, this Development Agreement is entered into by the parties to recognize and ensure full compliance with the Property zoning, the parameters and provisions of the Setflement and to fully memorialize the parties' respective rights, agreements and obligations relating to the Development as approved by the Village Council, Boaxd of Zoning Appeals, Planning and Zoning Commission, and Architectural Review Board. WITNESSETH: For and in consideration of the covenants herein contained, and upon the terms and conditions herein set forth, the Village and ARTIS hereby agree as follows: 1. Construction of the ImprodeBnents. The "Improvements" shall mean and include the buildings, private drives, parking lot, walkways, fire hydrants, lighting, storm and sanitary sewers, gas, electrical and water utilities and mains, storm water detention areas, wetland work pursuant to the OEPA and Army Corps of Engineer permits and required neighbor screening and area landscaping. The Improvements sha11 be constructed in substantial compliance with the most recent Site Plan, Development Plan, and Architectural and Landscape Design Plans; all as prepared by Polaris Engineering & Surveying, Inc., and approved by the Village, (the "Plans"), all aitached hereto as Exhibit "C". 2. T'iming of the Improvements and Development. ARTIS shall immediately commence work upon Improvements and in any event no later than twelve (12) months after a building permit is issued for the construction of the Project. In the event that ARTIS is unable at any time to meet the Timing set forth above, the parties shall meet to discuss an agreed upon extension to the Timing of the Development. In the event ARTIS fails to comply in any material respect with any other terxn, condition and/or deed restriction contained herein, the Village may proceed to terminate this Agreement in accordance with the provisions set forth in Paragrapli 5(e). 3. Restoration. Upon completion of any or all of the Improvements and/or Development, ARTIS sha.ll repair and restore, to at least the same or similar condition as existed prior to the Improvements and/or Development, any damage caused to any Village property, including adj acent roadways, as a result. of such Improvements and/or Development being constructed and installed. 4. Improvements and D?evelopffient Terms and Conditions. The Improvements shall meet the provisions of the Planung and Zoning Commission's Final Development Plan approval of February 5, 2018, a copy of which is attached hereto and incorporated herein as Exhibit "D" and the Zoning Board of Appeals approvals, with conditions, of the "Use" variance (July 6, 2017) and subsequent variances (November 21, 2017), copies of which are attached hereto and incorporated herein as Exhibit "E"; as well as the following terms and conditions: a. ARTIS and Charles Kinnaird shall enter into a mutually acceptable agreement in substantial compliance with the recommendations of the Board of Zoning Appeals and the Planning and Zoning Commission for the installation of buffer landscaping and mounding on the adjacent property owned by Charles Kinnaird (PPN 831-05-010). 2