9-6-24: EXHIBITS:

(See following page for exhibits.)

EXHIBIT A

AGREEMENT REGARDING THE RECEIPT

OF DEVELOPER SUBDIVISION CONTRIBUTIONS

AND INDEMNIFICATION AGREEMENT

WHEREAS, the Village of North Barrington, Illinois, on behalf of itself, its officers, employees and independent contractors (the "Village"), through its ordinances or through the provisions of its annexation agreements has required that developers make contributions to the Village, that the Village, in turn, may make these contributions available for itself and/or for other government bodies that are affected by the subdivision improvements; and

WHEREAS, such contributions may be in land or in money and, when transferred or paid over to those government bodies, inure in part to the benefit of those government bodies and not entirely to the direct benefit of the Village; and

WHEREAS, from time to time within the Village, and within other municipalities, disputes have arisen regarding the validity and amount of such contributions; and

WHEREAS, the Village is willing, at its discretion, to continue seeking the contribution of land or money but wishes to procure a commitment from other government bodies benefited by the receipt of such contributions that those government bodies will (a) acknowledge that the requirement that such subdivision contributions be made are totally within the discretion of the Village as to their existence, manner and amount; (b) pay the cost of defending any lawsuit that is filed challenging the appropriate amount of the contributions, the time at which they are to be made or any other aspect of the contributions; and (c) comply with the terms of a final and nonappealable judicial determination by a court of competent jurisdiction rendered in connection with the lawsuit; and

WHEREAS, the Village is willing, in its discretion, to pay over or require contributions only to other government bodies that execute this agreement ("Agreement");

NOW, THEREFORE, in consideration for the payment of money or the transfer of the land to the Benefiting Government, which the Village from time to time may, within its discretion, cause to be made by developers that are subdividing property, it is agreed between the Village, on behalf of itself and its officers, employees and independent contractors, and                      , a government body within the State of Illinois (the "Benefiting Government"), as follows:

      1.   The Benefiting Government acknowledges that, except as otherwise provided in the Village's ordinances and/or annexation agreements, the Village is not obligated to cause the payment of money or the transfer of land to the Benefiting Government. The Benefiting Government recognizes that the Village may, at its sole discretion, amend its ordinances or annexation agreements or its practices to discontinue the payment of subdivision contributions to the Benefiting Government.

      2.   Legal Representation

   A. In the event a lawsuit is filed against the Village, the Benefiting Government, and/or others by a developer that is subdividing property or any other person, corporation or entity that challenges the appropriateness, amount, timing or any other aspect of a subdivision contribution that, pursuant to the terms of the Village's ordinances or annexation agreements, has been paid or is due to the Benefiting Government, then the Benefiting Government does agree to pay the costs and litigation expenses (including reasonable attorneys' fees) incurred by the Village in defending such lawsuit. The costs and expenses shall be paid by the Benefiting Government when and as incurred by the Village but in no event more than once a month. As a condition precedent to the payment of these costs and expenses, the Village shall submit to the Benefiting Government copies of the original statements reflecting the costs and expenses, together with the non-privileged supporting documentation that may be reasonably requested by the Benefiting Government.

   B. The Village covenants and agrees that it shall employ competent and skilled legal counsel to represent the Benefiting Government and the Village, and further covenants and agrees that it shall keep the Benefiting Government fully advised as to the progress and status of the litigation. In particular, the Village shall provide to the Benefiting Government copies of all pleadings filed in the litigation and shall consult regularly (and shall cause its attorneys to consult regularly) with the Benefiting Government or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may such litigation be compromised or settled by the Village without at least 30 days' prior written notice to the Benefiting Government.

   C. In the event that the Benefiting Government decides that it would prefer to be represented in the litigation by legal counsel of its own choosing, then the Benefiting Government shall be free to retain its own legal counsel for that purpose and to intervene in the litigation and to ask the Village to terminate its representation of the Benefiting Government under this Agreement. The Benefiting Government shall notify the Village, in writing, to that effect. In that event, this Agreement shall remain in full force and effect regarding all of the provisions of this Agreement, and the Benefiting Government shall remain liable to the Village for all sums that have accrued under this agreement up until the date that such written notice is received and for all sums that remain due and owing from the Benefiting Government to the Village relating to the defense of any lawsuit under the terms of this Agreement.

      3.   The Benefiting Government shall further indemnify and hold harmless the Village from any and all liability arising from the Subdivision Code of the Village, including but not limited to, the general administration and handling of funds required by the Village and the Benefiting Government.

      4.   In the event that a final and nonappealable judicial determination is made by a court of competent jurisdiction that contributions of land or money received by the Benefiting Government are, in whole or in part, excessive, the Benefiting Government shall promptly repay those contributions to the person who procures such a judgment, together with all other amounts judged by the court to be owing from the Benefiting Government. In the event a judicial determination should require the payment of damages or payment of the attorneys' fees of the plaintiff's attorneys, the Benefiting Government shall pay all additional amounts.

      5.   In further consideration of the continued payment by the Village to the Benefiting Government of the subject contributions of land or money, the Benefiting Government agrees that its obligations under this Agreement shall extend to both past and future cash and land contributions.

      6.   On or before June 1st of each year, every Benefiting Government that receives payments from the Village under this Agreement shall submit a report to the Village describing the manner in which the payments have been used and provide any additional information the Village may require. When that money turned over to the Benefiting Government is to be used for a specific purpose or within a specific time period, the report shall address those issues. If the Benefiting Government should fail to file such a report with the Village, the Village may delay the payment of any additional funds due the Benefiting Government until such time as a full report containing adequate information is transmitted to the Village. The Benefiting Government understands that it will be asked to execute an indemnity agreement similar to this Agreement on an annual basis and that the Village shall not pay any additional funds due to the Benefiting Government until such time as the Village is in receipt of such annually executed indemnity agreement.

      7.   This Agreement shall be terminable by either party for any reason or no reason at all upon 30 days' prior written notice to the other party evidencing the intention to so terminate this Agreement. But the termination of this Agreement shall not affect the continuing obligation of the Benefiting Government or the Village with regard to claims or damages allegedly arising out of the Village's efforts prior to termination to impose, collect or distribute contributions, or to the actual distribution of subdivision contributions.

DATED this       day of                ,           .

Village of North Barrington   Benefiting Government:

Village President   Title:                         

(SEAL)   (SEAL)

ATTEST:   ATTEST:

Village Clerk   Secretary

EXHIBIT B

AGREEMENT

This agreement ("Agreement") is entered into between the Village of North Barrington ("Village") and                          , ("Developer").

WHEREAS, the Village has approved a final plat of subdivision or a final plat of a planned development at the request of Developer for the real estate legally described in Exhibit B.1 attached hereto and made a part hereof (the "Land"). Accordingly, pursuant to the Village's Subdivision Code, certain cash contributions for library, fire/rescue, park and recreation, and school lands are immediately due the Village from the Developer; and

WHEREAS, Developer has, however, requested that the payment of the aforesaid cash contributions be delayed and that the same become due and payable on a per dwelling unit basis at the time the Village issues a building permit for the particular dwelling unit.

NOW THEREFORE, in consideration for the Village agreeing to delay its receipt of the cash contributions, Developer hereby agrees as follows:

      1.   The amount of cash contributions owed shall be calculated based upon Ordinance No.                or as provided for in such other future ordinance amending or replacing Ordinance No.             which is in effect at the time of the issuance of a building permit; and

      2.   Notwithstanding any present or future law, regulation and/or legal precedent to the contrary, the unit of local government that is the ultimate recipient of the subject cash contributions may expend such contributions for any of the following purposes intended to serve immediate or future needs of the residents and children of the Developer's subdivision or planned development: (a) for the acquisition of land; (b) for site improvements such as, by way of example, streets, curbs, gutters, stormwater control, and utility extensions; (c) for construction of capital facilities, including, by way of example, new buildings and structures, and the expansion or enhancement of existing buildings and structures; and (d) for so-called soft costs directly related to the foregoing items (b) or (c) such as architectural and engineering costs.

      3.   Developer has reviewed Section             of the Ordinance regarding the dedication of school sites or cash contributions in lieu thereof, as well as all of the methodology, formulae, calculations, projections, assumptions, numbers and other factors used to arrive at the land dedication requirements or cash contributions in lieu thereof that are the subject of this Agreement (hereinafter referred to as the "Ordinance and Attendant Calculations") and hereby acknowledges and agrees that:

               (a) Pursuant to the terms of the Ordinance, Developer has been offered the opportunity to raise in a hearing before the Village, any objections relating to acreage requirements, presumptions as to fair market value, the Table of Estimated Ultimate Population Per Dwelling Unit, or any other application of the Ordinance; Developer has not raised such objections; Developer has thereby waived the right to assert those objections.

               (b) Developer hereby waives any future right to object to or to institute any legal action regarding Ordinance and Attendant Calculations.

               (c) Developer hereby acknowledges that Ordinance and Attendant Calculations have been properly passed, calculated and imposed.

      4.   This Agreement constitutes a covenant that is appurtenant to and runs with the Land. Either this Agreement or a memorandum thereof may be recorded against legal title to the Land by either party hereto; provided, however, it shall be a condition of the Village's issuance of the first building permit for a dwelling unit on the Land that Developer shall provide satisfactory evidence to the Village that this Agreement or a memorandum thereof has been recorded against legal title to the Land.

      5.   Developer represents and warrants to the Village that it is the sole holder of record fee title to the Land.

IN WITNESS WHEREOF, the Village and the developer have caused this agreement to be duly authorized, executed and entered into as of the       day of                ,           .

Village PresidentDeveloper

ATTEST:

Village Clerk

(Ord. 1036, 5-24-2004)

EXHIBIT C

TABLE OF ESTIMATED ULTIMATE SCHOOL POPULATION PER DWELLING UNIT

Children Per Unit

Type Of Unit	Preschool 0-4 Years	ElementaryGrades K-5 5-10 Years	Middle Grades 6-8 11-13 Years	TotalGrades K-8 5-13 Years	High School Grades 9-12 14-17 Years	Adults 18 Years +	Total Per Dwelling Unit
Detached Single-Family:
2-bedroom	0.113	0.136	0.048	0.184	0.020	1.700	2.017
3-bedroom	0.292	0.369	0.173	0.542	0.184	1.881	2.899
4-bedroom	0.418	0.530	0.298	0.828	0.360	2.158	3.764
5-bedroom	0.283	0.345	0.248	0.583	0.300	2.594	3.770
Attached Single-Family:
1-bedroom	0.000	0.000	0.000	0.000	0.000	1.193	1.193
2-bedroom	0.064	0.088	0.048	0.136	0.038	1.752	1.990
3-bedroom	0.212	0.234	0.058	0.292	0.059	1.829	2.392
4-bedroom	0.323	0.322	0.154	0.476	0.173	2.173	3.145
Apartments:
Efficiency	0.000	0.000	0.000	0.000	0.000	1.294	1.294
1-bedroom	0.000	0.002	0.001	0.003	0.001	1.754	1.758
2-bedroom	0.047	0.086	0.042	0.128	0.046	1.693	1.914
3-bedroom	0.052	0.234	0.123	0.357	0.118	2.526	3.053

 

(Ord. 915, 2-13-2003)