Annexation Agreements PON
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1 ANNEXATION
r AGREEMENTS
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rowth management has become
Ga topic of considerable concern
to many local governments in the
Eighties. Recognizing that area
development can both benefit a
community and place a strain on
already limited budgets through the
need to provide additional services
N g@ lIill! 5i
x, and infrastructure, more and more
local governments are learning to
maximize the benefits of local
k growth, while dealing effectively
with development related costs.
This month's MIS Report covers
- LOAN one tool jurisdictions can use to help
Municipal Research and Services
Center of Washington Library ~ control the effects of local develop-
In cooperation with the ment-the annexation agreement.
-
ASSOCIATION OF WASHINGTON CITIES The report discusses how and when
10517 N.E. 38th Place annexation agreements can be useful,
Kirkland, WA 98033-7926
DATE DUE REF. NO. DATE DUE REF. NO. Common agreement prOV1S10riS and
reasons for variations, how to pre-
pare and conduct negotiations, and
K44 - _ the types of concessions that can
be obtained through the bargaining
process. Case studies of several
successful agreements are provided
a _ ay along with examples of actual
F annexation agreements.
Y
145 +
C This month's report was developed by
Annexation
' t Norman A. MacNeill, Government Consultant,
Institute of Governmental Service,
Agreements University of Maryland, College Park
and
z Daniel A. Nissenbaum, Assistant to the Director,
ICMA Data and Information Services.
THE DEVELOPMENT ISSUE expected increased demand on the local governments for
services.
Between 1980 and 1983, almost 19,000 major annexa- The most important part of this relatively new power
tions took place in jurisdictions across the U.S. These of local governments is the ability to use these contri-
actions brought over 786,000 persons and over 2,546 butions from developers and land owners as pre-condi-
square miles of land within new municipal boundaries. tions to building permits or to site approval, and to use
These statistics are significant to local governments since such concessions as bargaining chips in the negotiation
these new citizens and newly incorporated areas increase process. This report examines one specific technique for
demands for services and supporting infrastructure at a this process of gaining concessions from developers-the
time when it is more and more difficult for the public use of annexation agreements.
sector to provide them.
Annexation efforts initiated by private sector What Are Annexation Agreements?
developers and property owners have been a common
occurrence for many years. In the past, new buildings, Annexation agreements are contracts between a local
industrial complexes, and residential communities were government and owners or contract purchasers of lands
developed and then local governments were called upon being considered for annexation to city or county boun-
to provide the necessary infrastructure and services for daries. They are used to ensure that the terms and
the new residents. This system allowed developers to conditions agreed upon by both the local government and
build without meeting city standards-often a more developer will be carried out once the annexation
convenient and money saving practice-and then' the becomes effective.
local government was left to pay for the outcomes of These negotiated arrangements usually include infra-
substandard development and related problems in the structure development concessions from the land-
annexed area. owners /developers in exchange for zoning or subdivision
It is only in the more recent past that local concessions from the municipality. Firm zoning and
governments have had the increasing authority and subdivision guarantees are usually the key determinants
sophistication to effectively control new development to the ability of a landowner or contract purchaser to
and to negotiate for developer concessions in the public attract development financing, and so are generally a
interest. Local governments now often use a variety of central point of a contract bargain,
development controls including construction moratoria, As contract instruments, annexation agreements are
phased development plans, and adequate facilities enforceable obligations supported by an exchange of
plans-all of which have given local officials greater benefits, and reflect the balance of such interests. As a
power in the timing and the type of developments in their policy tool, annexation agreements are a method for
communities. For example, exactions, or contributions of securing the public's interest in orderly, high-quality
cash or specific items, are now sometimes imposed on development.
developers as a pre-condition to the approval of any Annexation agreements may be negotiated at any
proposed housing or commercial development. These stage of a development project, are usually signed by a
contributions, funded and implemented by the developer, municipality just prior to enactment of an annexation
t include sewer and drainage lines, roads, easements or resolution, and become binding upon the final effective
rights-of-way, public facilities, recreation space or date of annexation.
equipment, land dedications, or cash payments to the Annexation agreements in working draft form are
school district. All these exactions are derived from the usually privately negotiated by the working parties with
2 Management Information Service
the assistance of legal counsel. Working drafts are What Do They Look Like? -
reviewed in open council work sessions. Once agreement
terms are finalized, the council enacts a resolution In general, annexation agreements look like any other
authorizing the mayor to enter into and sign the contract document arfd have a number of fairly standard
{F_
negotiated agreement on behalf of the municipality. elements and provisions (see Figure 1). Agreements vary
FIGURE 1
Types of Provisions Found in Annexation Agreements
Recital of Purposes Financial Agreements
• Description of intent of parties in entering into Taxation, including abatements and special
a contract districts y .
• Description of bargaining objectives, includ- Fees, including city consultants, inspections,
ing a listing of public benefits permits, utility taps, site plan review and
• Description of detriments which are likely to annexation processing
occur if any party should become in default of Schedule of expected fiscal impacts on city's
the contract operating and capital budgets s
• Cost sharing for public improvements,r
Contract Enforcement Provisions including public financing and developer
• Effective date conditioned upon specific contributions
events • Performance bonds and alternative forms of
• Definition of terms performance security
• Performance covenants
• Procedures for declaring a default ry,
• Remedies for default or failure of conditions Environmental and Construction Provisions µu
• Arbitration procedures, if any • Stormwater management facilities
• Procedures for enforcing covenants to be • Grading standards
attached upon the conveyance of deeds • Sediment control during construction.
• Procedures for providing required notices • Use, stockpiling and transportation of sand
• Conditions for assignment of obligations and gravel
• Amendment procedures • Storage of construction debris
• Agreements to execute specified documents • Use and location of construction trailers
• Declaration of governing laws • Access routes to construction sites
• Severability of terms in the event any are • Retention/replacement of trees
declared illegal or void • Landscaping along rights-of-way
• Buffers and visual screens for transition
Land Use Provisions between uses
• Zoning designations upon annexation
• Number, location and types of units to be
permitted Special Provisions
• Topographical features, including flood plains Conditions to which contract duties are
and slopes subject
• Preservation of existing features Agreements to cooperate in obtaining
• Proposed roadways, parking areas, recrea- approvals required by other governmental
tional and other public facilities, water and bodies
sewer lines, and retained open space Agreements to provide additional municipal
• Deeding and dedication of land, water rights, services
rights-of-way and easements for public Acknowledgements of needs or conditions
purposes about which the parties are unable to make
commitments
Specific Responsibilities for Public Contributions to off-site improvements or
Improvements program
• Public improvements required by developer p
• Public improvements not required by
developer Exhibits s
• Public improvements to be made by city • Maps
• Municipal services to be provided by city • Property descriptions
• Schedule of public improvements • Schedules Yap``
• Agreements to phase development to public • Staff /consultant reports
improvements • Authorizations to enter into agreement
f`~ t Annexation Agreements 3
howeVm in their form and scope. These dif- limited. If the parties assume that there are a range of
~an'be attributed to three major factors: possibilities-some which are yet to be discovered-the
Annexation agreements, for the most negotiated result will owe its character to what can be
ttihorship.
drafted by attorneys who incorporate the described as an "opportunity perspective:" The resulting
and conventions unique to their individual open agenda has a much better chance of summoning the
tr act drafting experiences. Agreements drafted resourcefulness and creativity of each party.
-
;~,.4Kt,Y a • developer's attorney are likely to reflect a The key to fostering an opportunity perspective is
.
general level of detail similar to that employed in to place basic needs at the forefront of the agenda, and
tbther contract relations established by developers. then allow the negotiations process itself to present the
2.`History of use. The form of annexation agreements case for an opportunity agenda. In search of a basis for
`;'tends to be replicated locally. A form used in one agreement, established rules tend to give way during
" instance will usually serve as a starting point for negotiations to a problem-solving ethic. Even the most
developing the next annexation agreement. In fact, precedent-laden agenda is likely to broaden its scope if
` some of the lengthier agreements reviewed were of- both parties remain open to the give and take generation
fered by their users as "standard" or "model" agree- of new ideas and creative solutions.
ments, with one or more sections reserved for "spe-
cial conditions" established in each separate negotia- Preparing for Negotiations
y„;F tion. At the very least, annexation agreements tend
to make repeated use of provisions established over In order to prepare for annexation negotiations, you
time as local conventions. need to identify the local government's basic objectives.
" 3. The negotiations agenda. Annexation agreements Start by taking a closer look at your position. For each
also differ due to differences in negotiations agenda of our objectives, establish a range of.acce table results
WE-
and in a community's development history. Tradi- in quantifiable terms. For example, if additional traffic
tionally, the city might offer zoning concessions, devices or lanes are going to be necessary for an existing
4rx'''` municipal services, and access to water and sewer artery, determine a minimally acceptable timetable for
x lines and roadways, in exchange for an enlarged tax completion, and then decide which portion of those
base, rights-of-way for roads and public utilities, improvements could be phased to completion. If you do
parks sites and recreation facilities, new jobs, and at- not have the resources to generate adequate information
traction of further investment. Today, annexation for such an evaluation, require the developer to produce
r agreements cover a wide range and variety of negoti- it from a credible source. Knowing your limitations is
ables involving land use, public improvements, fi- basic to understanding the extent to. which you can
nancial incentives, environmental needs, and con- bargain over any of your objectives.
struction requirements (see Figure 2). Next, evaluate the possible fiscal impact of the
proposed annexation. Identify each type of direct and
indirect cost and revenue expected to result from
THE NEGOTIATED DEVELOPMENT PROCESS annexation. While your primary objective here is to be
able to project impacts upon your municipal budget,
Understanding The Process you also want to do some rudimentary thinking about
how annexation can affect your housing market, local
Traditionally, both public and private perspectives of business activity, and employment base. You want to
development suffer from built-in inflexibilities and lack come into negotiations with a clear idea of how to place
an awareness for responsiveness to the possibility of a value on the project. In the course of negotiations, you
working together for mutual benefit. Crucial elements for will want to know how to recalculate that value for
success in using annexation agreements as a bargaining different development scenarios and for the variety of
tool are to set aside the traditional adversary relationship -
and to understand that the agreement must be reached
through a process of negotiation. Questions to Ask When Deciding Whether
The bargaining process need not be a necessary evil
which forces the local government official to lock horns to Bargain
with the private sector to gain a few concessions for the possible if this annexation
public interest or to constrain the extent of the devel- What werehat to gains are accomplished?
opment. The process can be viewed as an opportunity to
• What else might we think about achieving if
work together to produce an original and site-specific we were to decide to open up the agenda to
agreement each time-one that will produce the maxi- negotiations?
mum amount of benefits for both parties. • Should we bargain for better results?
The possibilities in such negotiations depend on how • Is the climate right for bargaining?
the parties view their opportunities. If the possibilities are • Who should participate in negotiations?
perceived to be finite, then the negotiated result will be
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4 Management Information Service
FIGURE 2
Negotiated Exchange of Benefits Through Annexation AgreementsT
Possible Benefits for Developers Possible Benefits for Cities
Land Use Agreements Land Use Agreements -
• Increased densities • Preservation of community landmarks
• Additional permitted uses in some zones • Use of compatible or special request
• Amendment of zoning ordinance to allow design elements in exterior treatments,
+ flexibility in plan signage, fencing
• Advance approval of curb cuts for access Temporary easements sufficient to cut and `
• Reduced parking requirements fill from developer land to establish grader
• Reductions in park and recreation sites for right-of-way or park sites
• Public access to private, commercial
a parking lots for off-hour use of near-by
community facilities
• Agreements regarding development of v
lots not included in annexation but owned
^ • _ by a contract party
Public Improvement Agreements Public Improvement Agreements
• Not to require added improvements Dedication/deeding of on-site/off-site land,
• City's commitment to a building schedule water rights, rights-of-way and easements
for improvements for public purposes, including roads,
• Mutual approval of bid documents for parks, public building sites
developer-dependent improvements by Relocation of public utilities to allow road
city (scheduling and specs for engineering) widening
• Traffic signals approved for access • Building of turnkey public facilities
locations • Removal of waterway sediments
• City maintenance of common parking • Construction of over-sized utility lines to
areas accommodate future development
Financial Agreements - Financial Agreements
• Approvals in advance help to define risks Payment of city's administrative costs and
and secure financing overhead for:
• Recapture of costs for improvements Processing annexation, arranging bond
sale, supervising contract services, ~
benefiting off-site vacant land
• Special assessment or tax increment inspecting construction Vk_
financing districts to defer and pass costs • Payment of city's bond salelattorney fees k.`
r to successors and expenses
• Tax abatements or phasing to full levy Payment of city's annexation-related
• Cost sharing of infrastructure revenue/expense deficit during build-out
r Lower cost forms of performance security Payment of interest on bond anticipation
(letters of credit, assignments of funds, notes or other temporary form of
'F labor and materials bonds) infrastructure financing
• Cash contributions on full cost basis,
shared cost basis or per unit cost basis for
public improvements
• Payment of city's cost to retain consultants
for plan review/revision
• Letters of credit or escrow funds to secure
future obligations
t.
permutations through which development proposals can industrial development in the city's economic base.
r' travel as the planning process unfolds. Local govern- Having the capacity to quickly perform a "What If?"
ment officials in Aurora, Colorado use econometric analysis is particularly valuable in setting and later
models of growth areas and of specific types of parcels adjusting your negotiations agenda.
and projects to project the impact of a proposed Successful negotiations are like successful market-
development on the internal fiscal system of the city. ing efforts-they work best when there is a good fit
This modeling technique is used to help the city attain between a product and a need that.can be satisfied by the
ti more of a balance between the commercial and the product. Both parties to a negotiation need to develop
^'t y.
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Kam:- Annexation Agreements 5
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2`Continued
{ Benefits for Developers Possible Benefits for Cities
ronmentaI Agreements Environmental Agreements
" katbon of grading standards Retention of tree lines and replacement
rhaintenonce of stormwater detention plantings
" ds and open spaces • Special landscaping and erosion controls
-forcement of ordinances on litter, junk benefiting public lands and rights-of-way
Cnd unsafe buildings • Facilities to relieve off-site flooding
Maintenance of sight lines for visual access
to waterways
rv p
Construction Agreements Construction Agreements
1• -Access routes to construction sites Scheduling and routing of construction
Use of construction trailers vehicles in or about residential
Street width reductions neighborhoods
'~'Ellmination of curbs and sidewalks in non- Public notices of types of construction
Y. pedestrian areas activity
_ On site location of building supplies &
construction debris
Special Agreements Special Agreements
Tie-ins to central alarm systems Subjecting conveyances of property to
Special exceptions not to be granted for @ covenants for the maintenance of public
~%`:•specified uses in adjoining areas easements
Use and occupancy permits to issue Allowing content, theme and artwork
before completion of site improvements if advertising references to the city to be
no substantial risk (stormwater ponds, reviewed and approved by the city
{ d topcoating of roads, landscaping) Providing transportation services to
+ t • Advance acceptance of engineering residents or employees to relieve
plans and specifications for public overburdened roads
r ; Improvements
• Cooperation of city in obtaining permits
s r +::from other agencies
Unofficial approvals before annexation for
site plans, business licenses,
i~ prellminary
-R ;street names
_,3•. Specified levels of municipal services
(police patrols in commercial areas)
;_Expansion of elected legislative body to
aai =
Apr provide opportunity for representation of
s annexation area
•
insights into the other party's needs. You need to thoroughly you have identified possible benefits to offer
carefully analyze the possible motives developers may the developer, the better prepared you will be to win
have for annexation. What do you have that they want7 concessions and to leverage additional public gains from
i Even though your answers are largely going to de- the developer.
4r § scribe obvious motivations, it is useful to create a list. Another useful preparation technique is to antici-
Fiirst, apply the same test as you would to your own list of pate: 1) problems which may occur during or after
objectives-what would you expect to be an acceptable annexation, and 2) opportunities to use annexation to
range of results if you were the developer? Second, list achieve public benefits not necessarily related directly to
n specific steps which you could take to maximize the devel- the annexation project. Ask the questions: "What can go
oper's results. By changing your focus from how to maxi- wrong with this project?" and "What kind of agreement
Mize the public interest to how to maximize a private terms would make this annexation of added benefit to the
interest, you should be better able to identify ways to existing community?"
influence the negotiations process to accomplish a better Anticipating problems is a constructive step in
: fit between public and private sector agenda. The more preparing for negotiations. A review of the history of
6 Management Information Service
relations with developers may help to identify problems ments help to guarantee that the future course of their
which can be placed on the negotiations agenda. For development will be relatively secure from the risk that
example, has the trucking of sand and gravel through city changes in city policy or leadership will result in
streets provoked citizen complaints and hostile feelings the introduction of new or conflicting requirements.
toward developers? Annexation agreements are- good Equally important is that an early resolution of issues
tools for attending to the kind of detail which often makes through the annexation agreement process can save our
an appreciable difference to the community. developers a substantial amount of time at the subdivi-
Anticipating project opposition can also contribute sion and permit processing stages of development. In
to positive agenda setting. For example, parental the development business, time is money."
concern over increased traffic on routes children take to
school can be accommodated by the negotiation of Conducting The Negotiations
developer-installed traffic devices or the relocation of
access roads into a proposed development. Annexation Actual negotiations begin when one of the parties
agreement terms can help to prevent potential problems establishes an opening position. Whether that position
from occurring and can smooth the later course of is established publicly or in informal discussions be-
development. tween their representatives, both the city and the
Anticipating opportunities for added benefit to the developer need to clearly understand each other's
community can also encourage public acceptance of assumptions about how ensuing negotiations are to be
development. For example, an already defined, costly conducted. An atmosphere conducive to negotiations is
capital improvement need can sometimes be funded in one in which each party respects and consistently
whole or in part by developer contributions. Annexa- follows the same ground rules. Being careful not to
tion agreements are agreements made on behalf of the publicly embarrass or surprise each other is one
community and are not limited to issues surrounding the principal rule of successful negotiations. Other ground
proposed project. Provisions for off-site improvements rules may include: self-restraints over prematurely and
to city parks or to signs or vistas at entrance routes into publicly commenting upon proposals under discussion,
the city are not uncommon terms of annexation. agree- privately resolving disagreements or other issues pre-
ments. New development almost always involves sales sented by the conduct of negotiators, communicating
efforts on the part of developers or their agents; antici-
pating those efforts as an opportunity to market the city
can result in specific agreements to contribute resources
to a city marketing program or for prominently featur-
ing the city in real estate advertisements.
Sizing up the bargain in advance of negotiations pro- Questions to Ask When Sizing Up The
Bargain
vides a more complete picture of a local government's
base agenda and negotiators will be in a better position * What are our basic objectives?
to develop strategies for leveraging additional benefits. What would be a minimally acceptable range
of results for each objective?
Sanford W. Daily, city manager of Gaithersburg, ° How would annexation impact:
Maryland, has participated in a number of annexation - The municipal budget?
negotiations, and suggests: "If you have the flexibility to - Local business activity?
engage in give and take negotiations and the legal capac- - The employment base?
ity to enter into such agreements, I would recommend ° How can the value of the proposed project be
them. We normally look for an annexation agreement recalculated if changes are made in the
whenever we annex so that there can be no real question proposal package?
regarding our intent, or regarding what was discussed ° What do we have to offer that the developer is
and agreed upon, or who promised to do what. likely to want out of annexation?
I
"When we sit down with a developer, we know that ° What would we expect to be a minimally
we are in a position to negotiate the terms of ° acceptable range of results for the developer?
What could we do to improve the developer's
annexation. At the same time, we know that we can results?
expect a healthy give and take on the specific limits ° What could go wrong with the proposed
established by our annexation agreements. In addition project?
to an expanded tax base, our list of objectives may - What problems have we had with the
include less density, controls over the staging of development community in past projects?
development consistent with the ability of our infra- - What community opposition can we expect
structure to support new demands; the scheduling, con- for the proposed project?
struction, and dedication of roads; traffic studies; and in What kind of agreement terms would make
this annexation of added benefit to the
some cases, the deeding of park land or other land such existing community?
as school sites. Our developers are willing to make these
types of commitments because our annexation agree-
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Annexation Agreements 7
only through designated spokespersons, or even con- process before negotiations can be concluded. If not
ducting all negotiations in open, public meetings. actually involved in negotiations, sufficient time should
Denis L. Murray, former legal counsel to the city of be allocated for counsel to review the proposed language
Bowie, Maryland, and past president of the Maryland and underlying terms for legal sufficiency and unin-
Municipal Attorney's Association, is perhaps the dean tended liability.
of annexation agreement use in the state of Maryland. Agreement becomes possible when the parties begin
Murray, who has authored and negotiated over 30 an- to limit their own repositioning activity and start to
nexation agreements, says: "Both city and developer ini- converge upon a set of mutual interests. When the focus
tially need to sit down and talk with great candor. The shifts to a common agenda, negotiators are better able to
real secret to annexation agreements is to do a good job pare down their wish lists and get to the task of making
at keeping decisions open until the parties have had full the bargain. Term by term, negotiators hammer out the
opportunities to clearly communicate with one another specifics. As the agreement builds, lines of conflict over
about their expectations, about their mutual interest, issues still outstanding tend to become blurred. Such
and about their limitations in bargaining over benefits issues either drop out of the continuing agenda, or are
sought by the other. nudged into compromise by the larger prospect of agree-
"Once agreement looks possible, the city should be- ment. One of the net effects of trying to strike a balance
gin a cautious negotiation of specific terms. One of the between public and private interests is to open up the
most important keys to successful negotiations is to agenda to one-for-one exchanges. As long as agreement
make sure that citizens are not caught by surprise and looks possible, the parties feel freer to draw from their
left out of the decision process. If you can get citizens to lower priority lists to complete the deal.
understand the choices, that effort will be repaid many Special provisions are often tacked on to the basic
times over in public support for the city 's annexation agreement as the "extras" made possible by the thrust of
agenda. If everybody understands the process and works agreement. For example, city negotiators may seek
toward terms which will serve the public interest, the special provisions for signage, landscape or added
public comes out as a winner every time." public amenities. Developers may seek the acceptance of
Even when the parties choose to negotiate privately, alternative forms of performance security or concessions
- their eventual agreement must pass public scrutiny. For on the number of required parking spots. None of these
the city, making the bargain includes being able to retain provisions are likely to be central to the agreement, but
its accountability to the political process. Practice differs they become part of the bargain environment made pos-
locally on how and when to effect accountability. A sible by having successfully negotiated the basic issues.
periodic informal briefing of public officials by city These expansions of the annexation agenda can accom-
negotiators is probably the best strategy to assure the plish an extension of public authority into questions
representation of their view throughout negotiations. traditionally left to developer discretion. The public
Negotiations can be relatively focused if the parties interest can often be better served through the nego-
put their proposals in writing. Whether simply a list of tiated development process than through step-by-step
objectives or an actual agreement draft, seeing the Ian- development approval.
guage prompts the parties to begin settling out their There is, however, a down-side to making room for
differences. special provisions. G. Charles Moore, city manager of
Karl D. Brendle, former city planner for Laurel, Bowie, Maryland, offers this caution about making con-
Maryland, offers this view of the role of written pro- cessions during the bargaining process: "You have to
posals in agreement negotiations: "During our city's first approach a prospective annexation agreement with the
annexation agreement negotiations, I participated on a same long-range concern for the future as you would
staff team which met with the developer's representa- have in reviewing any development proposal. But, with
tives, and provided our mayor with an analysis of each the wider latitude assumed during annexation agreement
new proposal. Getting it down on paper in the kind of negotiations, you have to be particularly careful not to
detail involved in annexation agreements really gave us convey the message that the bargained-for terms of any
the opportunity and the time to explore differences and one agreement automatically serve as a precedent for
make recommendations to the mayor. The back and future development proposals.
forth between the developer and the city helped to drum 'There is always some risk that terms which were
out issues and solutions which we would not have specially negotiated in one instance will find their way
reached otherwise. The level of process involved in onto someone else's list of expectations. Once we open
round after round of discussions probably provided the door, expectations are inevitably raised for other
both parties with enough of a dimension of assurance to situations.
solidify the agreement:' "You really have to protect the integrity of the city
Because annexation agreements take the form of by not bargaining away too much by way of the quality
binding contracts, actual language becomes increasingly of its infrastructure, its building standards, or its plan-
more important as negotiations proceed. Legal counsel ning process. If you allow annexation agreements to
for each participating party needs to be made part of the have the effect of an extended compromise of city stan-
8 Management Information Service
dards, you are likely buying future maintenance prob- be anticipated and issues identified earlier in the de-
lems. Concessions made in the course of bargaining can velopment review process. Developers may expect
come back to haunt you." that a wide range of issues can be negotiated.
The measure of a good bargain is the amount of • A public agenda which increasingly seeks to lever-
value which endures and is retained by a community age public objectives onto the private sector agenda
beyond the point of project build-out. High future with the understanding that such gains require
public maintenance costs are not a good bargain. But a flexible approach to the development process.
where annexation agreements are shaped with a cau- Process by-products help to expand the public
tious eye to the future, substantive gains achievable sector's role and direct participation in develop-
through their negotiations can be of high value. As Jim ment decisions.
Griesemer, city manager of Aurora, Colorado explains,
",Annexation is more of a strategic event than a pure James K. Giese, city manager of Greenbelt, Maryland,
growth event. It allows us to strengthen the city's .posi- has seen his city through two annexation agreement ne-
tion in an era of changing resources." gotiations and notes a basic change in the city's develop-
Annexation agreements also produce process re- ment role: "We have recently brought two large com-
sults. These by-products of negotiations include: mercial projects into the city; neither annexation would
have happened without an annexation agreement. The
• Better working relationships between the local gov- city of Greenbelt does not have its own zoning author-
emment and developers. Relationships character- ity, but once we saw first-hand what was possible
ized by more candor, less adversarial rhetoric, and through an annexation agreement, we were able to
greater reliance on problem-solving approaches to broaden our traditional role of antagonist to area devel-
settle issues. opment to a more protagonistic or sometimes neutral
• New expectations about how development occurs. role. By reaching pre-agreements with developers on the
Public officials may come to expect that problems type and quality of development, we are now in a better
position to control the character of development."
Annexation agreements serve both public and
private interests. By relying upon the process of negotia-
Questions to Ask When Making The tions,..annexation agreements become useful policy tools
Bargain to broaden participation in the public agenda.
• What should we assume as an opening
position? ANNEXATION CASE STUDIES
• How should the course of negotiations be
conducted? Gaithersburg, Maryland.
• How and when should the negotiations Developer Concessions
process be made accountable to policy
makers? To the public? The city of Gaithersburg, Maryland (pop. 26,000) en-
• Has a full opportunity been presented for the tered into an annexation agreement last year that illus-
negotiators to communicate with each other trates the specificity and developer concessions that may
informally about their expectations?
• Does agreement look possible? be acquired through annexation agreements. In an an-
• Are all parties ready to begin actual nexation of 273 acres to the city, the city negotiated with
negotiations? the developer to set up a commuter shuttle, to conduct a
• How should proposed agreement terms be traffic study, to accept a special lighting clause in addi-
worded? tion to a phased permitting process, to include a large
• What differences remain to be settled before buffer area on the property, and to conform to a mini-
agreement on essential terms can be mum greenspace requirement.
reached? The commuter shuttle is to be provided by the de-
• Has a balance been struck between public veloper if public transportation is not otherwise avail-
and private sector interests? able to take residents of the new development to the
• Are the negotiators prepared to close on the
basic agreement? nearby metro station. A pedestrian trail, which will link
• What special provisions can be added to the two buildings through the new development, is also to
basic agreement without jeopardizing be constructed by the developer and maintained by the
successful negotiations? city. The buffer area specified in the agreement is
• Is the proposed agreement legally sufficient intended to facilitate any storm water management or
and free of unintended liability to all parties? drainage systems during construction, with the require-
• Are the parties prepared to end negotiations ment that after construction, the area be returned to an
and enter into an agreement? aesthetically pleasing condition. The city includes spe-
cific directions for the landscaping of the buffer, which
Annexation Agreements 9
the development's mandated zoning authority and the county council on matters
t tr/^.a r
,.1irement, affecting Greenbelt and its surrounding areas.
to coup reu
t greenspd tv,) language into the agreement Any annexation procedure must conform to Mary-
c of the existing residential land law. A petition signed by 25 percent of the regis-
The ci ty incorPY ~a~t>
iotect -'the she development parcel. The tered voters and the owners of property equal to 25
tin on the new develop- percent of the total assessed value of the property in the
opment adjace' `.he Si7,hg P- open is to place' Nc` tight into the adjacent prop- area to be annexed must be received, or the city must
notto %r-
' thy" '/ehicular or pedestrian access obtain the consent of a similar number of people. An
as
and ensure ,,.-rmitted to the adjacent resi- annexation resolution must be introduced by the gov- i.
t
'the new props-r'7 ' erning body and the resolution and a plan for an exten-
community- ,rporated into the three part sion of services must be made available at a public
Tlie traffic study 'n hed to ensure continued ad- hearing. At the hearing, the proposal is either adopted
`tong process, °I
" %ild'nX standards. The developer is or petitioned to referendum.
assuredceotofthecicontintyuse'% P,,,Witting based on compliance The city has experienced two recent examples of
viith all city code and the issuance of construc- this process. The first involved a commercial project on
contracts for csta- e, k,"y roadways in the area. Per- land which the developers petitioned to have incorpo-
'on '>n
~ii is will be issued tt'r' first 360,000 square feet, the rated into the city's boundaries. The city's support for
and the remaining 250,000 this project and its agreement to finance road improve-
.next 250,000 squar the proper development of ments and storm drainage with tax exempt bonds pro-
square feet continge' ' n t f,e property. The consultant's vided an incentive for the developer, and the city entered
roadways on and ar rfgi r d phase of the process to en- the agreement for the benefit of an expanded tax base
,stud,,,.y is required in ctions affected by the third and the ability to control the type and timing of develop-
n A •
sure that the traffic t er
+ en` Nell have acceptable levels of ment in areas adjacent to the city.
phase of the develop- ,neerin and transportation The agreement (see appendix) reviews the stipula-
ser vice from a traf`-' g
tions involved in the boundary adjustment, including
lanning standpoint.
p the negotiated rezoning of the land, delineation of the
property involved, the city's financial support (which in-
'V O'fallon, Missouri- cluded support of a county Tax Increment Financing Dis-
Contingent Zoning trict to finance construction of public facilities), and
12,000) has developed apre- compliance with certain municipal codes.
OTallon, Missouri is based on a technique called A second annexation procedure involved a negotia-
annexation a reeme' - tha
r g It. y's annexation of any parcel tion process with the landowners which did not produce
- .contingent zoning:
,etition from a landowner is a standard annexation agreement. The homeowners in a
V-1),- condominium approached the city with their
of land in response w ner's abili to obtain a sec-
ntingent upon the -end"`~ ty p project tY
ed development ~'~n~ >,greed upon by both parties concern that they were adjacent to large tracts of vacant
f,r~. ny reason the zoning request land under consideration for development. Since the
rior to submission. the annexation is nullified at homeowners did not have the resources or the political
his ultimates denied, `h''i'
the landowner's opti~m..l.i ,e city's central stricture is that power to be represented before the county council and
annexation to development issues, they
y zoning designat= with the City Compre- t petitioned the commission
;an'~n ' "'nPly
:hensive Plan. So fa:, the ` ity has not encountered any city gain a voice
.,proposals inapprop' the area surrounding the decision-making
es and recgeaprocess and to benefit from the tion programming offered by the police
t z
Cdevelopment. ved as an effective ne otia- Under Maryland law, as with statutory require-
'-The agreement =Las " g
hon tool for O'Fall~.°~ ire lit, growth management proc- ments in other states, a city must provide an Outline of
~tiv~ 4 for landowners to enter the Extension of Services to the area to be annexed. This
asses, providing incx the city to maintain a more document is not a legally binding contract, rather it
Cl boundaries and =~elf~~~'K ty roe de11„ury of services. serves as notice to reviewing parties and signifies com-
t;1 ' effective and orderly pliance with statutory requirements. This Outline repre-
land: Bents a good faith agreement, and plays a role in securing
Greenbelt, Mary
` .Outline of Services commitment from all parties involved in an annexation.
It has also been used as a promotional piece by cities to
- Greenbelt, Marylanr: (p( 16,000) provides an interest- show the range of services available from the municipal- ,
Ing example of the v.iue ~4 bargaining elements found in ity, and the cost comparison with the private sector. In
annexation a reem~ts• l'he city of Greenbelt has this particular case, the Outline was negotiated with the
g neither planning or ,authority nor provides utility condominium owners before its publication and served
il~ninN
services-the most is eg«''"t reasons for landowners to as the basis of an understanding for the annexation proc-
petition for annexar. wn • 11owever, the city does make ess. The six page Outline reviews the general purpose for
;planning and zonit.:S re'''mmendations to the local the annexation, the specific services to be extended to
3~µ - .
I I .
Service + j
9
to identify problems ments help to guarantee that the future course of their irs
iations agenda. For development will be relatively secure from the risk that % ;t
3 gravel through city changes in city policy or leadership will result in y_
and hostile feelings the introduction of new or conflicting requirements. is-
;reements are good Equally important is that an early resolution of issues a 25
it which often makes through the annexation agreement process can save our e 6e
tmunity. developers a substantial amount of time at the subdivi- ist
i can also contribute sion and permit processing stages of development. In c ~n
example, parental the development business, time is money." -
utes children take to R_
the negotiation of Conducting The Negotiations j lic
or the relocation of >d
)pment. Annexation Actual negotiations begin when one of the parties - j
t potential problems establishes an opening position. Whether that position - of
the later course of is established publicly or in informal discussions be- - in
tween their representatives, both the city and the
added benefit to the developer need to clearly understand each other's )r
ublic acceptance of assumptions about how ensuing negotiations are to be e_
eady defined, costly conducted. An atmosphere conducive to negotiations is
Betimes be funded in one in which each party respects and consistently d
itributions. Annexa- follows the same ground rules. Being careful not to ;e
ade on behalf of the publicly embarrass or surprise each other is one
sues surrounding the principal rule of successful negotiations. Other ground
ff-site improvements rules may include: self-restraints over prematurely and
entrance routes into publicly commenting upon proposals under discussion, jg
of annexation agree- privately resolving disagreements or other issues pre- ie
lways involves sales sented by the conduct of negotiators, communicating
their agents; ti "
an ci-
ity to market the city
d
contribute resources
prominently featur-
meets. Questions to Ask When Sizing Up The e
e of negotiations pro- 9 P a
a local government's Bargain ,r
e in a better position What are our basic objectives?, tt
additional benefits. What would be a minimally acceptable range
of results for each objective? e
s of Gaithersburg, How would annexation impact: it
umber of annexation - The municipal budget? 3
have the flexibility to - Local business activity? y
s and the legal capac- - The employment base? e
I would recommend How can the value of the proposed project be e
i
nnexation agreement recalculated if changes are made in the
in be no real question proposal package? C
what was discussed What do we have to offer that the developer is f
d to do what, likely to want out of annexation?
,eloper, we know that • What would we expect to be a minimally It
>tiate the terms of acceptable range of results for the developer?
• What could we do to improve the developer's
e know that we can results?
>n the specific limits • What could go wrong with the proposed
eements. In addition project?
i
;t of objectives may - What problems have we had with the
ever the staging of development community in past projects. ; i
ability of our infra- - What community opposition can we expect
the scheduling, con- for the proposed projecf?
traffic studies; and in What kind of agreement terms would make
id or other land such this annexation of added benefit to the f
existing community?
willing to make these rnz
it annexation agree-
. ,
d - _
ISMS E
10 Management Information Service
the development, other various services and facilities "Special Conditions" section, such as direct contribu-
available to the new residents, financing of these serv- tions to the municipality, requirements for unique bond-
ices, and the land use patterns of the new development. ing, or special work to be performed by the builders.
The agreement that was developed states that at the
time of annexation, all services provided within the ju- Riverside, California:
risdiction will be extended to the new residents, and that Annexation of Industrial Development
additional public facilities are not necessary, excepting
improved access roads, sidewalks and storm drainage The city of Riverside, California (pop. 171,000) recently
structures, all of which would be funded by the county entered into a development agreement involving a large
capital improvement program. The listing of specific industrial/ commercial parcel which covers 319 acres of
services details the city's plans to extend services relating vacant land. The property in question was previously
to police protection, street maintenance, representation approved for the construction of a regional shopping
of citizens to other agencies, parks and recreational serv- center, and for commercial, office, and light industrial
ices, youth services, elderly housing, and refuse collec- use. The primary purpose of the agreement is to provide
tion. The only additional considerations pertain to a for the long term (20 year) development of the parcel
possible expansion of police personnel, and a proposal under existing planning and zoning regulations, subject
to preserve some of the adjacent undeveloped land as a to the construction of appropriate supporting public
neighborhood park. facilities and utilities provided by the private property
The section on financing these services indicates owners.
that real and business personal property taxes will be de- The agreement was developed based on a city coun-
ferred until the following fiscal year, and beyond that, cil resolution which outlines several conditions for en-
all services to the development will be financed by the tering into development agreements. The conditions
city's revenues without any significant impact on the require consistency with general land use plans and
budget. This section also explains that as a result of the designations put forth in the city's General Plan; assur-
increased area and population accruing to the city, the ances that the proposed development will not be detri-
city will receive additional revenues from the federal, mental to the health, safety, and general welfare of the
state and county governments in revenue sharing funds persons residing in the area of the development; preser-
and other grants and taxes. The land use patterns section vation of the existing property values; and orderly de-
spells out the development's current use and zoning clas- velopment of. the site.
sification, any proposed re-zonings, and the city's inten- The agreement spells out the public improvements
tion to adhere to the guidelines established in the master to be implemented on the site in question. The improve-
plan. ments include the grading, construction, and installation
of storm water drainage facilities; sewer lines and utility
Buffalo Grove, Illinois: conduits; the upgrading of public streets in the area; the
Planned Unit Development Ordinances installation of signals at traffic intersections; and the
landscaping of public interchanges. The construction and
The village of Buffalo Grove, Illinois (pop. 22,000) uses maintenance of such improvements are to be financed
a model annexation agreement as a basis for all annexa- by the formation of a special assessment district, with
tions (see appendix). Used as the primary growth man- which the city agreed to help set up and issue bonds.
agement tool, these agreements function as planned unit The agreement also contains provisions for volun-
development ordinances, and are contractually binding tary contributions by the property owner in addition to
on developers, their successors, and future property the public utilities and facilities outlined in the agree-
owners. ment. The owner agreed to dedicate one acre of land in
The agreements are used to provide explicit details the vicinity of the project for the construction of a fire
on zoning of the property, standards for privately station, and will contribute an amount equal to fifty per-
funded utilities (on-site and off-site), or aesthetic guide- cent of the cost of construction of a two-bay fire station,
lines. Aside from the traditional clauses on permitting fifty percent of the cost of one pumper truck and one
fees and plat requirements, the standard agreement re- ladder truck. The agreement stipulates that the fire sta-
quires that any condominiums or project models on any tion shall be constructed and equipped before 400,000
newly developed land reflect the statutory covenents, square feet of industrial/ commercial buildings or any
conditions, and restrictions that may apply. Other sec- building over three stories high is occupied.
tions discuss compliance with a particular section of the The agreement clearly states the potential public
municipal code requiring donations to the park, school, benefits of this project, including the development of a
and library district. regional business center within the city limits which will
Any other regulations, schedules, or standards not provide employment opportunities for residents, com-
otherwise provided by ordinances are discussed in a mercial properties which will produce tax revenues, and
f
Annexation Agreements 11
R an overall improvement of the environmental quality for streets, water and sewer lines, and other public facili- f
for residents in the area. One of the central benefits to ties) and also adds several innovative elements.
the private property owner is the long-term cooperation The more traditional components require the prop-
and assistance of the city in the development of the site. erty owner to dedicate, design and fully improve to city
standards all of the internal and half of the abutting pub-
Laurel, Maryland: lic streets. The annexor must install water distribution
City Bargaining lines, and dedicate rights-of-way for utility easements.
The city agrees only to provide initial water transmis-
sion lines to the exterior limits of the property, and has
the discretion to furnish water and sanitary sewer facili-
an annexation agreement with a private developer to ties only at a time when they can be reasonably and eco-
annex a 285 acre tract of land intended for residential nomically installed to service a sufficient number of peo-
and commercial use. This agreement exemplifies tradi- ple in the development. The agreement also calls for the
tional elements, includes some issues specific to the construction of an eight foot wide concrete bicycle path
parcel of land, and demonstrates the concessions used along selected drainage courses within the property. Fur-
by city officials to make this arrangement mutually ther, the annexor must pay a water transmission devel-
attractive to both parties. opment fee of $1,100 per acre (less any credit for land
The agreement (see appendix) contains conditions dedications) for the total acreage of the project, twenty-
found in most agreements, including clauses pertaining five percent of which is payable at the final execution of
to the governing laws and severability of the arrange- the agreement. Similarly, the annexor must provide
ment, the forms of performance security, including sanitary sewer distribution facilities, and pay a $500 per
bonds or a letter of credit, and language regarding acre sanitary sewer transmission fee. Upon execution of
general obligation bonds issued by the city. The agree- the agreement, the property owner must deed all rights
ment also discusses the responsibility for storm water to deep well aquifers to the city or pay a $2,500 per acre
management for a watershed, the dedication of acreage fee if those rights were previously transferred to others.
for recreation and open space requirements, and the City officials have designed their annexation policy
construction of on-site public access roads. to promote orderly growth and to discourage "leapfrog"
The agreement departs from the standard format in development. Developers or landowners must pay an
several instances. The city does not require sidewalks urban service extension fee to support the real costs of
from the developer within a certain portion of the tract, development that exceeds the rate of expansion set by
Given the size and mixed use of the development, the the city (which is one half mile every year for a period of
city acknowledges the future need for a number of liquor thirty years). The agreement states that if the property is
licenses, thus providing assurances for the permitting not adjacent to a fully developed and improved area,
process. Finally, the city included a clause for the preser- then the owner is responsible for the extension of sewer
vation of a historical residence on the land included in lines, water lines, streets, storm drainage, street lights
the development, which the developer must honor except and traffic signals, and all other improvements from the
in cases of structural failure or some other hazardous nearest developed property to the parcel that is being
condition. annexed. There is a payback clause to reimburse the
annexor for all adjacent lands benefitting from the exten-
Aurora, Colorado: sion. The annexor must agree to conform with the city's
Standardized Annexation Agreement design guidelines, and accept an initial zoning as a con-
dition precedent to the final annexation of the land. The
Annexation procedures are a high priority in Aurora, agreements often include off-site impact fees and/or re-
Colorado (pop. 159,000) since the city has an average of quirements for participation in special districts for traf-
thirty annexations ranging from 100 acres to 10 square fic management or corridor improvements extending
miles pending at any one time. The city has a full-time beyond the project completion date. The costs of such
team of negotiators (comprised of a lawyer, a planner, arrangements are spread among the developers and the
and a deputy city manager) which focuses on developing users.
annexation agreements. This team works with individ- Aurora's annexation agreement includes provisions
ual department specialists in areas that require particu- for public land donation, where dedication of six percent
lar expertise, and then synthesizes the information in an of the total acreage of the parcel is due if it is a residential
agreement. property, and two percent if it is non-residential. Cash-
City officials in Aurora use a standard 21 page an- in-lieu payments are accepted, based on the appraisal of
nexation agreement and checklist in all annexation pro- the unimproved lands. Land dedications are transmitted
cedures. The agreement incorporates the traditional ele- in parcels of no less than ten acres. In addition to the
ments of such an agreement (including improvements land donation, the annexor must pay the city a $300 per
12 Management Information Service
unit fee for residential developments for park develop- APPENDIX-ANNEXATION AGREEMENTS
ments to serve the property, and must include a four
percent dedication or cash-in-lieu payment to the appro- This appendix contains the text of annexation agree-
priate school district. ments from three jurisdictions: Greenbelt, Maryland;
The innovative elements in the Aurora annexation Buffalo Grove, Illinois: and Laurel, Maryland.
agreement include crossing requirements, an air rights
clause, and a section on soil erosion prevention. The Greenbelt, Maryland
crossing, or bridge requirement states that the property
owner is responsible for any bridges that are determined ANNEXATION AGREEMENT
by the city public works director to be necessary on the
property or to adjacent properties. The total cost will be THIS AGREEMENT, made this 31st day of May 1979, by and be-
tween the City of Greenbelt, a municipal corporation of Maryland,
paid by the owner for internal bridges, and fifty percent hereinafter called 'Greenbelt" and ]The Developers], A Maryland
or a proportionate amount will be paid for external Limited Partnership, referred to as "Applicants".
bridges. The air rights clause states that the annexor will
convey to the city an air rights covenant for the land, WITNESSETH:
which precludes any liability action brought by the 1. Applicants desire to annex certain of their properties into the City
annexor, except for negligent operation of aircraft of Greenbelt. The exact area proposed to be included in the change
of boundaries is as outlined in Exhibit "A" attached hereto and in-
traveling at more than 750 feet above the ground, corporatod herein by reference.
Finally, the soil prevention clause applies to any lands 2. The parties have agreed to conditions and circumstances appli-
affected by the development. The clause states that any cable to the annexation and to the residents and property within
lands disturbed by the construction, or not left in a the area to be annexed pursuant to Article 23A of the Annotated
natural state must be treated for erosion, and that an Code of Maryland, Section 19.
3. That Greenbelt cooperate in providing direct police and fire tie-ins
erosion control plan must be submitted prior to grading. to a central alarm system within Greenbelt itself.
4. If a traffic signal (and synchronization of such signal with existing
traffic signals and the proposed traffic signal along Greenbelt
Conclusion Road) is provided or required at the intersection of Hanover Park-
way and Greenbelt Road, the cost will be either entirely the State
of Maryland's and/or shared by Greenbelt, State and Applicants
These examples demonstrate the depth and the range of (in no case shall Applicants contribute in excess of one-third of
possibilities in annexation agreements now in effect such cost).
across the country. These agreements are used in a vari- 5. That Greenbelt agrees that the road improvements required by
ety of annexations, from unincorporated land parcels to and agreed to by Greenbelt are as on the enclosed plat in conjunc-
tion with the development of Parcels A, B & C of Greenbelt East
islands. (Exhibit A). That such improvements include the following:
These agreements serve as a mechanism to formalize a. That no sidewalks will be provided on either side of Hanover
the terms and conditions of an annexation, but more im- Parkway but a sidewalk will be provided on one side of the 70
portantly, offer the local governments a tool for addi- foot dedicated road along the rear of the shopping center.
tional leverage in negotiations. Recent studies show that b. That no curbs will be required along the median of Hanover
the private sector considers the "environment" of a po- Parkway from the proposed access road through the adjacent
tential development site-such as the working relation- property (which is the subject of rezoning in Zoning Map
Amendment Petition A-9313 and hereinafter referenced as the
ship with the local goverment-as important as the tax Smith-Ewing tract) to the 70 foot right-of-way along the rear of
abatements used to lure commercial or residential devel- the shopping center.
opments. The local government can use an opportunity c. That the size of pavement in the 70 foot right-of-way along the
perspective in annexation agreements both to show de- rear of the property be reduced from 48 feet to 36 feet and such
reduction shall be attributable to the shopping center's side of
velopers an openness and a willingness to cooperate and the road, thus increasing the berm.
to create a number of concessions from the developers d. That no plantings other than seed or sod be required along Han-
that may not have been expected. over Parkway; the median of Hanover Parkway, or along the
The drive to establish a strong economic base is 70 foot right-of-way behind the shopping center. Notwith-
present in many local governments, and the essential standing the above, the parties agree that there will be land-
scaping and plantings in the berm area along the rear of the
skills for success in this endeavor include strong negoti- shopping center.
ating skills and an ability to work effectively with the
6. That the roads which are required to be improved as hereinabove
private sector. Annexation agreements are useful in this recited and as provided for and indexed on Exhibit A shall be fi-
effort, and help the local government manager to shift nanced by Greenbelt through the issuance by Greenbelt of general
his or her perspective to understand the motivations and obligation bonds amortized through a special assessment levied on
intentions of the development industry, and to better the property herein (Parcel A). Such bonds shall be issued at the
market rate of Greenbelt and be redeemed over a period of not less
serve the interests of the developers, the local govern- than fifteen (15) years. Greenbelt and (The Developer] agree that
ment, and the citizens in the community. they shall cooperate in attempting to issue and sell such bonds for
a period of up to twenty (20) years. Greenbelt's commitment to
1 finance roads shall not exceed One Million Five Hundred Thou-
sand Dollars ($1,500,000.00) in,principal amount. Applicants
agree, in addition, to be responsible for the payment of any inter-
'Y~
Annexation Agreements 13
est expenses incurred for temporary financing prior to the issuance the annexation to referendum and shall actively oppose any effort
of general obligation bonds, for all bond sale expenses including by anyone to cause a referendum. Applicants further agree that in
marketing and bond attorney fees, if any, for all inspection fees the event of a referendum, in which they are permitted to vote,
relating to construction (not to exceed five percent (5%) of con- that they shall vote in favor of the annexation.
struction costs), for all permit fees required by agencies other than 18. Applicants warrant and represent that they have full authority to
the City, and for City Administrative and overhead costs relating sign this Agreement and are, in fact, the sole owners of twenty-five
to construction supervision, bond financing and payment of ex- percent (2517o) or more of properties for which annexation is
penses (not to exceed one percent (1%) of the total sum of the gen- sought and that there is no action pending against Applicants or
eral obligation bonds), and all such costs to be included in the involving Applicants which would, in any way, affect their right
special assessment as herein agreed. and authority to execute this Agreement.
7. Two additional curb cuts along Greenbelt Road shall be permitted
subject to agreement by the State Highway Administration.
8. That Greenbelt recognizes that with the size of the proposed deveI- AMENDMENT TO ANNEXATION AGREEMENT
opment and the number of restaurants being provided, liquor
licenses will be necessary for public accommodation. Greenbelt This Amendment to Annexation Agreement made this 15th day of
further agrees that it will review such application and not unrea- July, 1980, by and between the City of Greenbelt, Maryland, a munici-
sonably oppose the issuance of liquor licenses to tenants within the pal corporation of Maryland (hereinafter "Greenbelt") and [The De-
shopping center. velopersl, a Maryland limited partnership (hereinafter "Applicants").
9. That Greenbelt supports the rezoning of the Smith-Ewing tract to WITNESSETH:
the C-S-C Zone.
10. Greenbelt agrees that if the Smith-Ewing tract is rezoned that WHEREAS, on the 31st day of May, 1979, Greenbelt and Applicants
Greenbelt will not require any additional lanes be constructed entered into an Annexation Agreement whereby the Applicants agreed
along Hanover Parkway between Greenbelt Road and the 70 foot to annexation of property owned by them in return for certain benefits
road along the rear of the shopping center. from Greenbelt, Maryland, and
11. That the City Council of Greenbelt, Maryland, will not oppose the WHEREAS. Paragraph 6 of said Annexation Agreement called for
granting of a special exception on the-Smith-Ewing tract (assuming Greenbelt to finance road improvements contained on Exhibit 'A'
it is rezoned to the C-S-C Zone) for a full service gasoline service attached to such Annexation Agreement up to the principal amount of
station on a portion of such tract subject to site plan review by One Million, Five Hundred Thousand Dollars (51,500,000.00) and
Greenbelt. It is specifically agreed that any special exception WHEREAS, because of construction costs, the cost of said neces-
granted shall contain a condition forbidding the storage of sary road improvements has or will reach Two Million Dollars
wrecked or disabled vehicles except those actually being worked ($2,000,000.00), and
on in the ordinary course of business of a full service gas station. WHEREAS. Greenbelt is desirous of providing the additional Five
12. That within reason, Greenbelt will assist the Applicants in obtain- Hundred Thousand Dollars ($500,000.00) and Applicants are desirous
ing building permits, etc., so long as all code requirements are met. of accepting such funds, and
13. That Greenbelt and Applicants agree that the Smith-Ewing tract WHEREAS, Greenbelt and Applicants have agreed to certain
must be graded because of engineering constraints and in order to changes in the Annexation Agreement in return for said additional
assure proper storm drainage of both properties subject to Green- funds and are providing for such changes herein.
belt's examination of the grading plan. NOW, THEREFORE, in consideration of the mutual premise and
14. Greenbelt agrees that a public driveway across the Smith-Ewing covenants herein contained, as well as the sum of Ten Dollars ($10.00)
tract from the shopping center to Hanover Parkway for additional and other good and valuable considerations, receipt of which is hereby
access to the shopping center is advisable and necessary and agrees. acknowledged by Greenbelt, the parties hereto amend the Annexation
to provide any curb cuts necessary to effectuate such access. Agreement dated the 31st of May, 1979, as follows:
Greenbelt further agrees to cooperate and aid Applicants in ob- 4
taining approval for such access driveway. 1. Paragraph 6 is hereby amended to provide that Greenbelt's com-
15. Greenbelt agrees that will not oppose additional square footage dmitment to finance road improvements is increased by Five Hun-
in the center over the presently planned 220,000 square feet so long yed Thousand Dollars ($500,000.00) from One Million, Five
as all codes (including but not limited to parking, landscaping, Hundred Thousand Dollars ($1,500,000.00) to Two Million Dol- i
etc.) are complied with or variances are obtained. lays ($2,000,000.00).
16. Greenbelt agrees to study a reduction in its present amusement tax 2. That in return for the above increase in funds for road improve-
below the present 10% rate in order to provide incentive for uses ments, Applicants agree that Greenbelt may phase in the levy of
subject to such amusement tax to locate within the shopping center taxes on all taxable real property owned by Applicants or their
successors /assigns (Parcel A, Greenbelt East Subdivision) in the
and within Greenbelt, manner provided herein instead of in the manner provided by
17. The Applicants have applied for annexation by letter dated Charter Amendment Resolution Number 1979-2 and that Appli-
February 23, 1979. The said letter stands as the written consent of cants shall pay such taxes levied:
the Applicants to annexation provided in Article 23A, Section 19
(b). There are no residents in the area to be annexed. The parties From the date of this agreement through and including the tax
are aware that under the law of Maryland, the Applicants can levy for the taxable year ending June 30, 1981, all real property
withdraw the consent to annexation at any time prior to the com- shall be exempt from City of Greenbelt real property taxes.
pletion of the annexation process. The Applicants acknowledge For the taxable year beginning July 1, 1981, and ending June 30,
that it will receive a benefit to its development efforts from the 1982, the real property shall be taxed at a rate that is equal to
mere application for annexation and that Greenbelt will suffer a thirty-three and one third percentum (331/3%) of the real property
detriment should Applicants discontinue the annexation once tax rate levied upon all other property of the same class within the
begun. Further, Greenbelt acknowledges it will receive a benefit City.
from the proposed annexation. The Applicants agree as a For the taxable year beginning July 1, 1982• and ending June 30,
bargained-for condition and circumstance applicable to 1983, the real property shall be taxed at a rate that is equal to sixty-
annexation, that it waives and completely relinquishes any right to six and two thirds Percentum (66?/3 of the real property tax rate
withdraw its consent to annexation from the date of execution of levied upon all other property of the same class within the City.
this Agreement by all parties so long as no terms are changed. For the taxable year beginning July 1, 1983, and ending June 30,
Applicants further agree that it shall take no action to hinder, 1984, and for each taxable year thereafter, the property shall be
impede, interfere with or in any way prevent the completion of taxed in the same manner as all other property of the same class
y~ annexation. Applicants further agree that they shall not petition within the City of Greenbelt.
14 Management Information Service
3. That Greenbelt shall amend the provisions of its Charter Amend- to the Village and its zoning and development on the terms and condi-
ment Resolution Number 1979-2 to provide for the phase-in of tions herein set forth would further enable the Village to control the
taxes agreed to herein and the Applicants shall not object to the development of the area and would serve the best interests of the
amendment. Village.
4. That except as agreed to herein, each and every provision of the NOW, THEREFORE, in consideration of the premises, mutual cove-
Annexation Agreement dated the 31st of May, 1979 and the nants and agreements herein set forth, the parties hereto agree as
Annexation Resolution (Number 1979-2) be and hereby are ratified follows:
and remain in full force and effect. 1. Applicable Law. This Agreement is made pursuant to and in
accordance with the provisions of Section 11-151-1 et. seq., of the
Buffalo Grove, Illinois Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1981)
and the Village's Home Rule powers. The preceding whereas
clauses are hereby made a part of this Agreement.
MODEL 2. Agreement: Compliance and Validity. The Owner has filed with
ANNEXATION AGREEMENT the Village Clerk of the Village a proper petition (EXHIBIT A here-
to) pursuant to and in accordance with provisions of Section 7-1-8
THIS AGREEMENT (hereinafter referred to as the "Agreement") [If other section applies, modify accordingly.I of the Illinois Mu-
made and entered into this day of by nicipal Code (Chapter 24, Illinois Revised Statutes 1981), condi-
and between the VILLAGE OF BUFFALO GROVE (hereinafter refer- tioned on the execution of this Agreement and the compliance with
red to as "Village") by and through the President and Board of Trustees the terms and provisions contained herein, to annex property to
of the Village (hereinafter collectively referred to as the "Corporate the Village. It is understood and agreed that this Agreement in its
Authorities") and entirety, together with the aforesaid petition for annexation, shall
be null, void and of no force and effect unless property is validly
annexed to the Village and is validly zoned and classified in the
C List all beneficiaries of any trust. District,
all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities
(hereinafter referred to as "Owner"). within twenty-one (21) days of the execution of this Agreement by
the Village will enact a valid and binding ordinance (hereinafter
WITNESSETH: referred to as the "Annexation Ordinance") annexing property to
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by the Village. Said Annexation Ordinance shall be recorded with the
County
virtue of the provisions of the Constitution of the State of Illinois of Recorder's Office along with
1970; and the Plat of Annexation (attached hereto as EXHIBIT B). Records-
WHEREAS, Owner is the owner of a certain tract of property com- tion shall take place no more than thirty (30) days after enactment
prising acres legally described and identified in the Petition of Annexation Ordinance.
for Annexation, which is attached hereto as EXHIBIT A, which exhibit 4. Enactment of Zoning Ordinance. Within twenty-one (21) days
is made a part hereof (hereinafter referred to as the "Property") and after the passage of the Annexation Ordinance, the Corporate
which real estate is contiguous to the corporate limits of the.-Village; Authorities shall adopt a proper, valid and binding ordinance,
and zoning property in the
WHEREAS, Owner desires and proposes pursuant to the provisions District subject to the restrictions further contained herein and all
and regulations applicable to the applicable ordinances of the Village of Buffalo Grove as amended
District of the Village Zoning Ordinance to develop property in from time to time. Said zoning shall be further conditioned on the
accordance with and pursuant to a certain Preliminary Development development of the property in accordance with a Preliminary
Plan prepared by Development Plan prepared by
and dated as last revised , 19 , and also Prelimi- and dated
nary Engineering Plan prepared by ,19 , (EXHIBIT D), and the Preliminary Engi-
and dated as last revised ,19 , (hereinafter jointly neering Plan prepared by
referred to as the 'Preliminary Development Plan"), a copy of which and dated
Preliminary Development Plan is attached hereto as EXHIBIT D and 19 , (EXHIBIT E). Said development shall
EXHIBIT E and incorporated herein, and subject to all other exhibits be limited to:
attached hereto or incorporated by reference herein. Said development
of property shall contain: r Add if there are any use limitations other than 1
L those in the zoning district. J
If residential, list number of units, type, and bedroom mix.
C If non-residential, describe use, and total square footage. 5. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBIT D & E) pursuant to the
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq., provisions of the Development Ordinance and in addition agree to
of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes approve a Final Plan of Development or plats or phases of the de-
1981) a proposed Annexation Agreement, in substance and in form velopment of property upon submission by the Owner of complete
substantially the same as this Agreement, was submitted to the Corpo- and proper materials as required for the issuance of appropriate
rate Authorities and a public hearing was held thereon pursuant to building and other permits based on final versions of the plans and
notice as provided by Statute; and drawings of the development of property as submitted by the
WHEREAS, pursuant to due notice and advertisement in the man- Owner provided that the plat or plats shall:
ner provided by law, the Plan Commission of the Village has held such (a) conform to the Preliminary Development Plan, (EXHIBITS D
public hearing prescribed by law and made their recommendations & E) and
with respect to the requested zoning classification of (b) conform to the terms of this Agreement and all applicable
District; and Village Ordinances as amended from time to time; and
WHEREAS, the President and Board of Trustees after due and care- (c) conform to the Development Improvement Agreement (EX-
Eul consideration have concluded that the annexation of the property HIBIT D) as amended from time to time.
,;ice:
Annexation Agreements 15
It is understood and agreed that the final subdivision plat or plats [appropriate highway authority] as may be appropriate. The
that will hereinafter be submitted by the Owner shall conform to Owner shall construct on-site and off-site sanitary sewers as
the phases of the development as shown on the Preliminary Devel- may be necessary to service the property, as per EXHIBIT E,
opment Plan. however, it is understood that changes to the Preliminary Engi-
6. Compliance with Applicable Ordinances. The Owner agrees to neering Plan may be required at the time of Final Engineering.
comply with all ordinances of the Village of Buffalo Grove as Upon installation and acceptance by the Village through for-
amended from time to time in the development of the property, mal acceptance action by the Corporate Authorities, the Cor-
provided that all new ordinances, amendments, rules and regula- porate Authorities agree to operate and maintain such systems,
tions relating to zoning, building and subdivision of land adopted except for sanitary sewer service connections. The Owner
after the date of this Agreement shall not be arbitrarily or discrimi- agrees to accept any increase in sewer rates and tap on fees,
natorily applied to the property but shall be equally applicable to provided that such fees and rates are applied consistently to all
all property similarly zoned and situated to the extent possible. similar users in the Village to the extent possible.
Owner, in the development. of the property shall comply with the B. The Owner shall also construct on the property in question any
standards set forth in the Village of Buffalo Grove Development storm sewers which may be necessary to service the Property,
Ordinance as amended from time to time. as per EXHIBIT E, however, it is understood that changes to the
7. Amendment of Plan. If the Owner desires to make changes in the Preliminary Engineering Plan may be required at the time of
Preliminary Development Plan, as herein approved, the parties Final Engineering. Upon installation and acceptance by the Vil-
agree that such changes in the Preliminary Development Plan will lage through formal acceptance action by the Corporate
require, if the Village so determines, the submission of amended Authorities, the Corporate Authorities agree to operate and
plats or plans, together with proper supporting documentation, to maintain that portion of the storm sewer system which serves
the Plan Commission and/or the Corporate Authorities to con- public streets, or multiple properties, and the Owner agrees to
sider such changes to this Agreement. The Corporate Authorities operate and maintain that portion of the storm sewer system
may, at their sole discretion, require additional public hearings located on the subject property and not dedicated, and shall
and may review the commitments of record contained in this record a covenant to that effect within thirty (30) days of the
Agreement, including, but not limited to fees, prior to final con- recording of the Plan of Subdivision.
sideration of any change in the Preliminary Development Plan. 11. Drainage Provisions. The Owner shall fully comply with any
The Village Manager is hereby authorized to approve such minor request of the Village Engineer related to the placement of build-
changes as he deems appropriate, provided that no such change (a) ings on lots, to preserve drainage standards. The Owner shall
involves a reduction of the area set aside for common open space; install any storm sewers and/or inlets which are required to elimi-
nor (b) increases by more than two percent (2%) the floor area nate standing water or conditions of excess sogginess which may,
proposed for nonresidential use; nor (c) increases by more than in the opinion of the Village Engineer, be detrimental to the growth
two percent (2%) the total ground area covered by buildings. and maintenance of lawn grasses.
8. Building Permit Fees. The building permit fees may be increased 12. Owner Recapture of Utility Costs. It is further understood and
from time to time so long as said permit fees are applied consis- agreed that a portion of the sanitary sewer, storm sewer, and/or
tently to all other developments in the Village to the extent possi- watermain to be constructed and installed by the Owner to serve
ble. In the event a conflict arises between the Owner and the Vil- the proposed development on the Property (hereinafter referred to
lage on any engineering and technical matters subject to this as "Owner's Improvements") may be required by the Village to be
Agreement, the Village reserves the right to pass along any and all so located and/or oversized as to benefit vacant neighboring prop-
additional expenses incurred by the use of consultants in the erties not owned by the Owner, thus making such utility service
review and inspection of the development from time to time. available thereto. The Corporate Authorities agree to adopt an
Owner shall pay any non-discriminatory new or additional fees ordinance and take such other action as may be necessary to.per-
hereinafter charged by the Village to Owner or property within the mit the Owner to recapture from such vacant neighboring prop-
Village. erty owners as may be benefitted by the Owner's Improvements,
9. Water Provisions. The Owner shall be permitted and agrees to tap that portion of the actual costs of oversizing the construction and
on to the Village water system at points recommended by the installation of Owner's Improvements, in such proportionate
Village Engineer which points to the extent shown on EXHIBIT E amounts from such neighboring property owners as may be so
are hereby approved by the Village, however, it is understood that benefitted as determined by the Village. The Village and Owner
changes to the Preliminary Engineering Plan may be required at agree to use their best efforts to cooperate to achieve the most
the time of Final Engineering. The Owner further agrees to pay to practical and feasible route to the off-site utilities connection
the Village such fees in accordance with the applicable Village points. The Village agrees to cooperate with the Owner in effec-
Ordinances at the time of the issuance of the water and sewer tuating recapture from future developers as appropriate.
permits. The Owner agrees to accept any increase in water rates The Village shall be entitled to a five percent (5%) fee from any
and tap on fees provided such rates and fees apply consistently to amounts hereby recaptured as and for its collection efforts.
all other similar users in the Village to the extent possible. Fol- 13. Payment of Recapture Fees Owed. Any amount of recapture
lowing such tap on, the Village agrees to provide to the best of its required to be paid by this property shall be due and payable upon
ability and in a non-discriminatory manner water service to all final platting of Phase I of this development.
users on the Property in accordance with the Preliminary Develop- 14. Street and Parking Area Provisions. The Owner agrees that all
ment Plan. Watermains serving the Property and those approved streets, parking and other areas are to be constructed in accord-
as part of the development shall be installed by the Owner and, ante with Village standards as set forth in the Development Ordi-
except for service connections to the buildings shall, upon installa- nance as amended from. time to time.
tion and acceptance by the Village through formal acceptance 15. Security for Public and Private Site Improvements. Security for
action by the Corporate Authorities, be dedicated to the Village public and private site improvements shall be provided in accord-
and become a part of the Village water system maintained by the ante with the Development Ordinance, and the Development Im-
Village. provement Agreement (EXHIBIT C) as amended from time to
10. Storm and Sanitary Sewer Provisions. time. Any letter of credit issued for such improvements shall be
A. The Corporate Authorities agree to cooperate with the Owner drawn on a financial institution of net worth reasonably satisfac-
and to use their best efforts to aid owner in obtaining such tory to the Village attorney. The issuer may have an equitable or
permits from governmental agencies having jurisdiction as lending interest in the Property provided that the letter of credit,
may be necessary to authorize connection from the proposed either by its own terms or by separate written assurances of the
development to the [appropriate sanitary district or Public issuer, shall be honored irrespective of that interest. The Village
Works Department] for the collection of sewage and to the shall have the right to draw up to the full amount of the letter of
16 Management Information Service
credit in order to complete, and have formal acceptance of, all widened. At the request of the Village, but no later than upon
improvements secured by the letter of credit. The amount of the approval of the Final Plat of Subdivision, the Owner agrees to
letter of credit shall not be reduced by expenditures made by the dedicate such additiorfal right-of-way along (Street namel as may
Owner until such improvements have been formally accepted by be required to permit the widening of
the Village. to feet from the center line.
16. Exhibits. The following EXHIBITS, some of which were presented 22. Park District Donations. (If applicable. ] Owner agrees to comply
in testimony given by the Owner or the witnesses during the hear- with the provisions of Title 19 of the Buffalo Grove Municipal
ing held before the Plan Commission and the Corporate Authori- Code as amended from time to time regarding park donations.
ties prior to the execution of this Agreement, are hereby incorpo- Owner agrees that it will make contributions of [Money or Land]
rated by reference herein, made a part hereof and designated as to the Village for conveyance to the Buffalo Grove Park District
shown below. This Agreement, upon execution by the parties, to- according to the criteria of said title as follows:
gether with copies of all EXHIBITS, shall be kept on file with the
Village Clerk and be available for inspection to the parties hereto. 23. School District Donations. (If applicable.] Owner agrees to
EXHIBIT A Petition for Annexation of Property comply with the provisions of Title 19 of the Buffalo Grove Munic-
EXHIBIT B Plat of Annexation ipal Code as amended from time to time regarding school dona-
EXHIBIT C Development Improvement Agreement tions. Owner agrees that it will make contributions of [Money or
EXHIBIT D Preliminary Development Plan Land] to the Village for conveyance to School District(s)
EXHIBIT E Preliminary Engineering Plan according to the criteria of said Title as follows:
EXHIBIT F Landscaping Plan
EXHIBIT G Architectural Rendering 24. Library District Donations. [If applicable.] Developer agrees to
comply with the provisions of Title 19 of the Buffalo Grove
17. Annexation Fee. Owner agrees to pay an annexation fee in an Municipal Code as amended from time to time regarding library
amount equal to $ donations. Developer agrees that it will make contributions of
which fee shall be payable prorata at issuance of building permits. money to the Village for conveyance to the
However, this fee shall be paid in full prior to the expiration of this Library District according to the criteria of said Title.
Agreement. 25. Annexation to the Buffalo Grove Park District. The Owner agrees,
18. Building, Landscaping and Aesthetics Plans. Owner shall submit at the request of the Buffalo Grove Park District, to annex any part
building and landscaping plans (which landscaping plans shall or all of the subject Property to said Park District.
conform to the requirements of Village Ordinances) for approval 26. Facilitation of Development. Time is of the essence of this
by the Appearance Commission and the Corporate Authorities Agreement, and all parties will make every reasonable effort to
before commencing construction of buildings. Lighting and sign- expedite the subject matters hereof. It is further understood and
age shall be compatible with surrounding areas. Phases not under agreed that the successful consummation of this Agreement and
construction or completed shall be maintained in a neat and the development of the Property in the best interests of all the
orderly fashion as determined by the Village Manager. parties requires their continued cooperation. The Owner does
19. Declaration of Condominiums. [If applicable.] In the event that hereby evidence his intention to fully comply with all Village
any portion of the property shall be developed under the Illinois requirements, his willingness to discuss any matters of mutual
Statutes relating to condominiums, the condominium covenants, interest that may arise, and his willingness to assist the Village to
conditions and restrictions shall include a provision whereby the the fullest extent possible. The Village does hereby evidence its
Village shall have the right, but not the obligation, to enforce intent to always cooperate in the resolution of mutual problems
covenants or obligations of the association or the owners of the and its willingness to facilitate the development of the Property, as
units as defined and provided within the Declaration of Condo- contemplated by the provisions of this Agreement.
minium, and further shall have the right, upon thirty (30) days 27. Enforceability of the Agreement. This Agreement shall be enforce-
prior written notice specifying the nature of a default, to enter able in any court of competent jurisdiction by any of the parties or
upon common open spaces and cure such default, or cause the by an appropriate action at law or in equity to secure the perform-
same to be cured at the cost and expense of the association or the ance of the covenants herein described. If any provision of this
owner or owners thereof. The Village shall also have the right to Agreement is held invalid, such provisions shall be deemed to be
charge or place a lien upon the property of the condominium asso- excised herefrom and the invalidity thereof shall not affect any of
ciation for the repayment of such costs and expenses, including the provisions contained herein.
reasonable attorneys' fees in enforcing such obligations. The decla- 28. Term of Agreement. This Agreement will be binding on all parties
ration shall further provide that this provision may not be for a term of ten (10) years from the date of the execution of this
amended without the approval of the Village. Prior to recording, Agreement by the Village. This Agreement shall not be assigned
the finalized Declaration of Condominium shall be submitted to without prior written consent of the Village.
the Corporate Authorities for their approval. Said Declaration 29. Binding Effect of Agreement. This Agreement shall be binding
shall include, but not by way of limitation, the following cove- upon the parties hereto, their respective successors and assigns.
nants and obligation: to maintain the common areas pursuant to 30. Corporate Capacities. The parties acknowledge and agree that the
Village of Buffalo Grove Ordinances and in a neat and orderly individuals that are members of the group constituting the Corpo-
manner. rate Authorities are entering into this Agreement in their official
20. Project Models. [If applicable.] The Village agrees to permit the capacity as members of such group and shall have no personal
Owner to construct and maintain model areas on the liability in their individual capacities.
Property, consisting of a maximum of building for each 31. Notices. Any notice required pursuant to the provisions of this
of the model areas, together with suitable off-street parking areas, Agreement shall be in writing and be sent by certified mail to the
all subject to Appearance Commission approval. Such following addresses until notice of change of address is given and
construction shall be in compliance with the provisions of the Vil- shall be deemed received on the fifth business day following
lages Building Code in existence at the time of building permit deposit in the U.S. Mail.
issuance. Further, the Owner may utilize models only as a project If the Owner: r
office for the marketing of portions of the Property. Such use shall L
be discontinued when the project contemplated herein has been
fully and finally completed.
21. Right of Way Dedication. IIf applicable.] The owner acknowl-
edges that it is the intention of the Village and other involved Copy to: r l
agencies that at some time in the future [Street name] will be L J
1~ ~ ion ~ } } y
x
w-~
Annexation Agreements 17
If to Village: Village Clerk WHEREAS. MICHAEL T. ROSE CHARTERED, CO. is a contract
Village of Buffalo Grove purchaser of a portion of the Subject Property; and
50 Raupp Boulevard WHEREAS, the covenants and acknowledgements contained herein
Buffalo Grove, IL 60090 have been made in consideration of annexation into the City of Laurel
Copy to: William G. Raysa of the Subject Property; and
Bloche, French & Raysa WHEREAS, the Owner has accordingly filed a Petition for Annexa-
loll Lake Street tion of the Subject Property with the City, including therein a second
Oak Park, IL 60301 parcel of land being approximately 10.9959± acres in size and being a
part of the Cherry Lane right-of-way as more particularly described in
32. Default. In the event Owner or Developer defaults, in his perform- the metes and bounds description of the property attached hereto and
ance of his obligations set forth in this Agreement, then the Vil- made part hereof and designated as "EXHIBIT II"; and
lage, may, upon notice to Owner allow Owner sixty (60) days to WHEREAS, said Petition for Annexation did certify that more than
cure default or provide evidence to the Village that such default twenty-five percent (25%) of all of the persons who reside on the
will be cured in a timely manner if it cannot be cured during said subject property and who are registered as voters in County elections
period. If Owner fails to cure such default or provide such evi- in Prince George's County, and at least twenty-five percent (25%) of
dence as provided above, then, with notice to Owner, the Village the owners of the Subject Property, did join in said Petition as evi-
may begin proceedings to disconnect from the Village any portion denced by their written consents; and
of the Property upon which development has not been completed WHEREAS, the appropriate and required public hearings have been
or at the option of the Village, to rezone such property to the R-1 held pursuant to City and State Law; and
District zoning classification. In such event, this Agreement shall WHEREAS, it is the desire of the City to provide for an appropriate
be considered to be the petition of the Owner to disconnect such use of the land while protecting the portion of the property located
portion of the Property, or at the option of the Village to rezone within the Bear Creek Flood Plain; and
such property to the R-1 District zoning classification. WHEREAS, the Owner is willing to have the Subject Property
33. Special Conditions. [If applicable.] annexed to the City and the City desires and believes that it would be
IN WITNESS WHEREOF, the Corporate Authorities and Owner in the best interest of the City to annex the land which is contiguously
have caused this instrument to be executed by their respective proper located outside the corporate limits of the City in Prince George's
officials duly authorized to execute the same on the day and the year County; and
first above written. WHEREAS, Michael T. Rose Chartered, Co. and Gude Brothers
Company Limited Partnership have requested and the City agrees that
VILLAGE OF BUFFALO GROVE city financing of certain public improvements is appropriate in light of
the substantial development costs to be incurred in improving the
property for residential and commercial use and in light of the dedica-
ATTEST: tion of land to public improvements to serve the general area as well as
the proposed development; including the dedication of 26.55 gross
acres, more or less, of stream valley for development as publicly
OWNER accessible open space, lake area and a public recreational park pro-
viding improved dam safety for the existing embankment at Laurel
Lake, the mitigation of downstream flooding problems at the culverts
ATTEST: under the B & O Railroad and Route 197, improved downstream water
quality and control of transported sediments, and improved storm-
water management for a watershed totaling, 1,270 acres; including the
dedication of 8.44 net acres, more or less, for development as public
athletic fields and the location of a community center building; includ-
Laurel, Maryland ing the construction and dedication of 21.0 acres, more or less, for on-
rysite public roads and the widening of U.S. Route 1 and Cherry Lane;
and
LAUREL LAKES ANNEXATION AGREEMENT WHEREAS, Gude Brothers Company Limited Partnership, being
the owner of not less than twenty-five percent (25%) of the assessed
THIS ANNEXATION AGREEMENT, dated this day of valuation of the real property located in the area to be annexed, has
'198 , by and between the MAYOR AND consented to this annexation, subject to the property being placed in a
CITY COUNCIL OF LAUREL, MARYLAND, a body politic and cor- Planned Development Area zoning classification as depicted in the
porate (hereinafter referred to as "City"); MICHAEL T. ROSE "Laurel Lakes Preliminary Plan Summary" attached to this Agreement
CHARTERED, CO., a Maryland corporation (hereinafter referred to as "Exhibit III" and made a part hereof, as amended and as subject to
as the "Developer"); and GUDE BROTHERS COMPANY LIMITED the express approval of the County Council of Prince George's County
PARTNERSHIP, a Maryland limited partnership (hereinafter some- for immediate post-annexation use in the Planned Development Area
times referred to as "the Owner"). zoning classification; and
WHEREAS, this Annexation Agreement shall be considered entered WHEREAS, the parties hereto believe that it would be appropriate
into only upon a Resolution of the Mayor and City Council of Laurel, to place the Subject Property, at the time of its annexation into the
Maryland authorizing its designated signatory below to enter into Planned Development Area zoning classification.
such Agreement, on behalf of the City, consistent with the mutual NOW, THEREFORE, in consideration of the mutual promises, cove-
promises, covenants, and acknowledgements agreed to by the Mayor nants and acknowledgements stated herein, the receipt and sufficiency
and City Council. of which is hereby acknowledged, the parties agree as follows:
WHEREAS. GUDE BROTHERS COMPANY LIMITED PARTNER-
SHIP is the owner of record of a tract of land to be known as 1. This Agreement shall become effective on the date that Resolution
"LAUREL LAKES" (hereinafter sometimes referred to as the "Subject No. First 1983 Annexation becomes effective, provided that each
Property") being approximately 275± acres in size, located in the of the below described conditions have occurred:
Tenth Election District in Prince George's County and being contigu- a. Expiration of all referendum periods, pursuant to Article 23A
ous to the southern boundary of the City of Laurel and as more partic- §19 of the Annotated Code of Maryland.
ularly described in the metes and bounds description of the property b. Unconditional approval by the Prince George's County Council
attached hereto and made a part hereof and designated as "Exhibit I"; of the placing of the Subject Property in the Planned Develop-
and ment Area zoning classification for immediate unconditional
18 Management Information Service
post-annexation use in the Planned Development Area zoning become a lien on the property of such abutting property owner in
classification as described in Exhibit III and IV and as pursuant the same manner as a lien for real estate taxes - -
to Article 23A §9(c) of the Annotated Code of Maryland. 3. Within sixty (60) days after the effective date of Resolution First
c. Adoption by ordinance or resolution of the City's Fiscal Year 1983 Annexation, the Owner and Developer agree to convey and
1985-1990 Capital Improvement Program providing therein for dedicate to the City, and City agrees to accept, 8.44± Net Acres of
the Laurel Lakes public improvements as described at Exhibit V. land, depicted as a Public Recreation area in the Land Use Plan at
d. Authorization by ordinance or resolution of a City general "Exhibit III", as amended at "Exhibit IV", for public use and devel-,
obligation bond in the approximate amount of $1,660,000 for opment as public athletic fields and the location of a community
public improvements within Laurel Lakes as described at para- center building. Developer and Owner shall at its cost supply the
graph 30 of this Agreement. City with a certificate of title from an attorney at Law certifying
PROVIDED that the Owner, or such other person as the Owner that title to the property to be dedicated is good of record and in
may designate in writing as its Agent, of the Subject Property shall fact as of the date of recordation of the dedication deed in the land
have the right at any time prior to the effective date of this Agreement records of Prince George's County, Maryland.
4. The City agrees that in the event that any assessment of the
of the withdraw its consent consent to the proposed annexation, and waive any annexed property is increased over its assessment in its current
Adthisministrator Paragraph by delivery ry of written zoning category, the property shall be taxed by the City based
notice of to the p Office of the prescribed
City in
by ics, p. this of the pre- Agreement upon the assessment of the annexed land as R-5 (Agricultural),
ceding business day; and, upon receipt of such nottice this
shall thereupon become void and of no effect without further action with a maximum increment of ten percent (10%), regardless of the
by the Mayor and City Council of Laurel. Time is of the essence. zoning category, provided that:
2. Within sixty (60) days after the effective date of Resolution First a. As development occurs and is completed, as determined by the
1983 Annexation, the Owner and Developer agree to convey and City's final inspection and issuance to the builder of valid use
dedicate to the Ci and occupancy permits for each residential use or commercial
City, and City agrees to accept, 26.55± Gross building, such residential unit or commercial building shall be
area Acres in of the and Land and Use Plan stream at valley, depicted
III", epicte fdor r a public Public ic use Recreation and devel- subject to the payment of City taxes, the amount to be estab-
opment as a City recreational park to be named the "Granville lished on the basis of the application of the City's tax rate on the
Gude Park". Developer and Owner shall at its cost supply the City increased and actual assessment of the property by the State
with a certificate of title from an attorney at law certifying that Department of Assessments and Taxation after the issuance of
title to the property to be dedicated is good of record and in fact as such permit.
of the date of recordation of the dedication deed in the land b. Notwithstanding the provisions of subparagraphs "a" and "d",
records of Prince George's County, Maryland. City agrees to enter the property shall be subject to payment of full City taxes and
into negotiations toward a lakes maintenance agreement with the special assessments on the entire property on or after January 1, Washington Suburban Sanitary Commission and to grant a 1994.
maintenance easement to enable WSSC to effect its maintenance c. The taxation of any portion of the property proposed for resi-
responsibilities. Any such agreement entered into with WSSC shall dential or commercial development prior to its completion, as
provide that no maintenance cost of WSSC shall be borne by the set forth in subparagraph "a" above, shall be determined by cal-
City. City acknowledges that Owner intends to reserve and to culating the per acre assessment on the land as R-5 (Agricul-
transfer to Developer an easement onto, over and into waterways tural), plus an increment of ten percent (10%), and multiplying
from private, commercial and residential properties abutting that amount by the number of net acres not in completed
stream valley improvements for the purpose of erecting such bulk- development.
heads, decks, piers, recreational facilities, dining or beverage d. The per acre assessment on any portion of the Subject Property
establishments, or such other structures designed to stabilize the which remains in agricultural use including accessory uses such
shore, permit access to the lakes, or support the use and enjoyment as horticultural and floricultural wholesale and/or retail sales,
of a lakeshore setting; such easement, as generally described in shall be determined by calculating the per acre assessment on
Exhibit IV-B, shall not extend from any lakeshore more than ten the land as R-5 (Agriculture) and multiplying that amount by
feet for private residential properties and twenty-five feet for the number of acres remaining in said Agricultural use, except
private commercial properties. The Developer acknowledges that that any portion of the property actually used for retail and/or
the City has the authority to regulate and adopt standards as to the wholesale horticultural or floricultural uses, including any
design, number, height, and length of extension onto the waterway areas required for parking and access for such retail and whole-
of such structures; the Developer agrees to submit to the City of sale uses, except for such areas currently in such use, shall be
Laurel Planning Commission, at Final Plan Stage, proposed stand- taxed based on its actual assessment by the State Department of
ards and guidelines for such design, number, height and length of Assessments and Taxation.
extension. Developer and Owner acknowledge that the City has e. Nothing contained herein shall be construed as a waiver of the
the right and specifically reserves the right to regulate the use of right of the Owner or Developer of the annexed land or their
the lakes in connection with but not limited to such things as boat- designated tax levy on the Subject Property.
ing, swimming and fishing. It is further agreed that covenants will 5. The parties hereto do covenant and agree that the amendments,
be submitted at Final Plan Stage to establish the responsibility of conditions, and exceptions attached to this Agreement as "Exhibit
easement holders for the maintenance of such structures. Such IV" are hereby made a part of this Agreement. The parties hereto
covenants shall provide, among other things, that such easement further agree that, if any terms or provisions of "Exhibit IV" are
holders and owners of property abutting such easements shall be inconsistent with the terms or provisions of this Agreement, the
required to comply with all statutes, ordinances, resolutions, regu- terms or provisions of "Exhibit IV" shall prevail.
lations, rules and agreements of the City or other governmental 6. Gude Brothers Company Limited Partnership covenants and
agency having jurisdiction over the lakes and lakeshores regarding agrees that so long as it is the owner of any portion of the Subject
the use and maintenance of the lakes and lakeshores, and in the Property, it will fully perform in accordance with the terms and
event of the failure of the easement holder or owner of any conditions herein, provided however, that at such time as the title
i property abutting such easement area of the lakeshore to comply to any portion of the hereinbefore mentioned Subject Property is
with any such maintenance requirements, the City or other gov- conveyed unto the Contract Purchaser or its assigns, Gude
ernmental agency having jurisdiction over the lakes and lake- Brothers Company Limited Partnership, as to such conveyed por-
shores may perform such required maintenance and the cost of tion only, would be relieved of liability for performance under the
such performance shall be chargeable to the easement holder and terms and conditions of this Annexation Agreement, except to the
owner of such abutting property, jointly and severally, and shall extent that such performance shall be required by Gude Brothers
Annexation Agreements 19
Company Limited Partnership to enable its purchasers or assigns 15. Developer acknowledges that the forms of security for perform-
to comply with any terms and conditions of this Annexation ante of its obligations required by the City are as follows:
Agreement; provided further, that at any time in the future should a. Performance Bonds
Gude Brothers Company Limited Partnership again become the b. Labor and Materials Bonds
owner of the hereinbefore mentioned parcel or any part thereof, c. Cash Bond
that it does covenant and agrees to fully perform in accordance d. Irrevocable Letter of Credit
with the terms and conditions of this Annexation Agreement. e. Irrevocable Assignment of Funds
7. Michael T. Rose Charter, Co., as Contract Purchaser, covenants
and agrees that it will fully perform its obligations under the afore- Developer further acknowledges that any of the above which shall
said Annexation Agreement. be offered as security shall, in each instance, be subject to approval
8. The parties hereto agree to execute any and all such documents as by the City pursuant to applicable City ordinances. The City
are necessary to carry out the terms and provisions of this Annexa- acknowledges, however, that the cost to the Developer of such
tion Agreement. forms of security may vary, and the City will consider such cost
9. The parties hereto do covenant and agree that the within instru- factor when reviewing such security for approval in each instance.
ment and its Exhibits, in whole or part, shall be binding on their 16. City agrees that no sidewalks will be provided by the Developer
assigns, personal representatives and successors including the on the east side of U.S_ Route 1 or on either side of Cherry Lane
body politic and corporate known as the "Mayor and City Council from Van Dusen Road to the western boundary of Laurel Lakes.
of Laurel, Maryland". The Petrie Properties, Inc., as a joint and 17 The City of Laurel acknowledges that, with the size of the pro-
severable acceptance of and consent to the terms and provisions of posed development and the potential number of restaurants to be
this Agreement as it relates to that property within the Subject proposed, liquor licenses at Laurel Lakes will be necessary for
Property for which they are contract purchasers. public accommodation.
10. This Agreement, its benefits and burdens, shall be assignable, in 18. City agrees not to require "top coat" paving of commercial park-
whole or in part, by Michael T. Rose Chartered, Co. and/or Gude ing lots, public highways or roads within or adjoining Laurel
Brothers Company Limited Partnership, without the consent of Lakes as a condition of issuing use and occupancy permits, pro-
the City, any of its elected officials, employees or agents, to any vided that' top coat" paving commence immediately, or as soon as
purchasers or contract purchasers of the Subject Property or any weather permits, on any section over which heavy construction
part thereof; provided, however, that Michael T. Rose Chartered, vehicles no longer need to travel. The City further acknowledges
Co., and/or Gude Brothers Company Limited Partnership shall that "base course" paving and curbs will be sufficient to enable the
not be relieved of any financial obligations to the City pursuant to Regional Center to open for retail sales and for the initial use of
this Agreement without the express consent of the City. commercial parking lots, public highways or roads within or ad-
U. The laws of the State of Maryland shall govern the interpretation, joining Laurel Lakes. The Developer agrees to provide notice by
validity and construction of the terms and provisions of this posting of its intent to complete the "top-coating" of any such road
Agreement. If any term or provision of this Agreement is declared or highway. All paving plans and timetables for completion are
illegal or invalid for any reason by a court of competent jurisdic- subject to review and approval by the City. The Developer agrees
tion, the remaining terms and provisions of this Agreement shall, to provide temporary ramping and protection of utility structures
nevertheless, remain in full force and effect. in order to provide adequate drainage, protect the public, and
facilitate snow and ice clearing operations.
12. The parties hereto acknowledge that this Agreement constitutes 19. City agrees to allow, subject to State and County regulations, the
the sole agreement between the parties; that all prior proposals extraction and removal from the site of soil, sand, and gravel with-
and agreements, whether oral or written, are hereby superceded; in the limits of the State Water Resources Administration
and that this Agreement may not be changed, altered or modified approved excavation sites for the three Laurel Lakes as approki-
except in writing and signed by the Parties hereto. The parties mately shown on the floodplain and drainage area map at "Exhibit
hereto further acknowledge that, in entering into this Agreement, III" attached hereto. In the event that the City of Laurel shall
each party has not been induced by, has not relied upon, and has excavate or contract to excavate within the Laurel Lakes PDA, the
not included as part of the basis of the bargain herein, any repre- City agrees not to remove or cause the removal of any surplus
sentation or statement, whether express or implied, made by any sand or gravel excavated from the Laurel Lakes PDA site and fur-
agent, representative or employee, which representation or state- ther agrees, subject to State and County regulations, to stockpile
ment is not expressly set forth in this Agreement, except for any or require its contractors to stockpile such sand or gravel for the
substantive representations made by the Developer at any public use and benefit. of the Developer at a site designated by the Devel-
hearing or work session of the City Council or otherwise made as oper with the Laurel Lakes PDA. The Developer agrees to bear the
part of the official public record by the Developer in the proceed- actual cost of hauling sand or gravel to Developer designated
ings relating to Resolution No. First 1983 Annexation. stockpile sites, to the extent that the cost of hauling causes actual
13. City agrees to not itself require or initiate the dedication within the project construction costs to exceed estimated project construction
Laurel Lakes PDA of public improvements on lands not dedicated costs as scheduled at "Exhibit V". The Developer expressly reserves
herein by the Developer to public use, of public recreational facili- a full ownership right to all sand and gravel excavated from any
ties, public safety facilities, libraries and schools, other than those stream valley site. The Developer agrees to maintain appropriate
public improvements proposed and described in "Exhibit V: Capi- sediment control measures at all stockpile sites.
tal Improvement Program Worksheets". Nothing herein shall be 20. WSSC Standards will be used to determine the number, location
construed to apply to any requirement by the City for dedication and design of drainage structures and storm water management
for public improvements or streets, sidewalks, path systems, street facilities. The City reserves the right to review, make minor modi-
lights, fire hydrants, handicap ramps, on-site traffic signals, traffic fications to, and approve such plans for conformance to such
signs and other such traffic safety devices. The City further agrees WSSC standards.
not to require the Developer to contribute toward the cost of nor 21. The parties hereto do covenant and agree to permit patrons of
make improvements to existing Van Dusen Road and/or to any public recreational parks and facilities within the Laurel Lakes
new roadway which may be constructed to relieve traffic conges- PDA to park their vehicles on adjacent non-retail, commercial
tion on Van Dusen Road. parking areas. The City agrees not to require additional parking
14. City acknowledges the Developer's reliance upon the site bound- spaces within commercial parking areas in order to serve public
aries, design and engineering specifications for the construction of recreational parks and facilities.
stream valley improvements, as may hereafter be modified to 22. The Developer and/or Owner agree to retain the exterior of the
comply with the requirements of the State Water Resources Ad- Gude estate home and further agree not to demolish such structure
ministration or the Washington Suburban Sanitary Commission. without the consent of the City for good cause shown, such good
ter.
c"a
20 Management Information Service
cause to include but not be limited to deterioration of structural $ 251,000 Granville Gude Park Recreational Improvements
integrity through no fault of the Developer and/or Owner, fire or (FY 1985 Expenditure)
water damage, or the economic feasibility of maintaining or of S 17,000 Athletic Field Recreational Improvements-Plan-
converting the building to another use. The parties hereto agree ning/Engineering (FY 1986 Expenditure)
that engineering plans for the rehabilitation of Laurel Lakes should b. Fiscal Year 1987 general obligation bond(s) in the approximate
provide for the retention and restoration of the water outlet struc- amount of $1,390,000 A follows:
ture at existing Laurel Lake. $ 188,000 Athletic Field Recreational Improvements (FY 1987
23. The City acknowledges that Michael T. Rose Chartered, Co. has Expenditure)
secured use and occupancy permits from Prince George's County $ 60,000 Community Center-Planning/Engineering (FY
for its construction trailers presently located on the Subject Prop- 1987 Expenditure)
erty. The City agrees to honor such permits as long as construction 51,045,000 Community Center-Planning/Engineering and
continues within the Subject Property. The City further acknowl- Construction (FY 1988 Expenditure)
edges that the development of Laurel Lakes will require the loca- 5 95,000 Community Center-Furniture and Fixtures (FY
tion of additional construction trailers on the Laurel Lakes PDA 1989 Expenditure)
site. Developer acknowledges that use and occupancy permits 31. The Developer agrees to make payments to the City not to exceed
shall be required by the City for any such additional construction "Developer Contributions" listed at "Exhibit VI" for Fiscal Years
trailers pursuant to applicable City ordinances. The Developer 1985, 1986, 1987, and 1988 on or before June 30 of the indicated
agrees to remove such construction trailers from areas as the Fiscal Year.
development of each area is completed. 32. Subject to the paragraph33, the Developer agrees to accomplish the
24. The City acknowledges that the Capital Improvement Program following public improvements as further described at "Exhibit V":
Project Sheets at "Exhibit V" were jointly developed by the City
and the Developer. The City agrees to utilize and submit to public a. U.S. Route 1
hearing on its proposed Capital Improvement Program for Fiscal b. Cherry Lane
Year 1985-1990 each "Exhibit V- "Expenditure Schedule" and c. Collector and Primary Road System
"Project Description and Justification" for Laurel Lakes public d. Grading and Seeding of the Granville Gude Park and the
improvements to be constructed by the City. Athletic Field
25. Any general obligation bond proposed by the City of Laurel to 33. If the Stream Valley public improvements described in paragraphs
finance a subject public improvement will be offered at the City's 28-30 of this Agreement are approved as part of the City's FY
market or privately negotiated rate, amortized over a period of 1985-1990 Capital Improvements Program and if actual funding
not less than fifteen (15) years. for those project is approved, the City agrees to join with the
26. The parties hereto agree to work together to create and issue Developer in an application to the Washington Suburban Sanitary
mutually acceptable bid documents, including engineering specifi- Commission for WSSC's participation in the cost of constructing
cations and expected construction schedules, for the stream valley the Stream Valley Lakes. In the event that funds are allocated by
improvements and any access road improvements which may be Prince George's County or the Washington Suburban Sanitary
made by the City. Commission for any of the subject improvements to be made by
27. If approved by the FY 1985-1990 Capital Improvement Program, the City, the City agrees that any proposed bond ordinance shall ek,
the parties hereto agree to accept the "Laurel Lakes Fiscal Impact include the following alternative projects for City financing in an
Analysis: Summary of Capital Improvements, Financing and estimated amount commensurate with such allocations:
Operating Budget Impact-Revision 4" attached and made a part
hereof at "Exhibit IV"; said Analysis specifies an expenditure a. Grading and seeding of the Granville Gude Park. It is estimated
schedule for public improvements and details the commitment of that the costs for this project will be 510,000 in FY 1984 and
each party to project costs, including "Developer's Contribution" 51-79,000 in FY 1985.
to the City in Fiscal Years 1985, 1986, 1987, and 1988. b. Grading and seeding of the Athletic Field. It is estimated that
28. The City agrees to include for consideration in its proposed FY the costs for this project will be 510,000 in FY 1985 and 5133,000
'985-1990 Capital Improvements Program the construction of in FY 1986.
three stream valley lakes and other stream valley improvements as c. Construction of 1,250 lineal feet of collector access road from
detailed at "Exhibit V" and generally described at "Exhibit 1II". It is U.S. Route 1 at Cypress Street to the Athletic Field. It is esti-
estimated that FY 1985 construction and inspection costs for this mated that FY 1985 construction and inspection costs for this
project will be 51,391,000. project will be 5294,000.
29. The City further agrees to include for consideration in its proposed d. Construction of 700 lineal feet of collector access road from
FY 1985-1990 Capital Improvements Program the construction of U.S. Route 1 at Mulberry Street to the Granville Gude Park. It
the following public improvements, as detailed in "Exhibit V- and is estimated that FY 1985 construction and inspection costs for
generally described in "Exhibit III": this project will be $162,000.
a. Recreational improvements to the Granville Gude Park at the e. Construction of 1,300 lineal feet of primary access road from
southern bounds of the stream valley lakes. It is estimated Cherry Lane at Ashford Boulevard to the Granville Gude Park.
It is estimated that FY 1985 construction and inspection costs for
that the cost for this project will be 5251,000 in FY 1985.
this pro
b. Recreational improvements to the Athletic Field. It is estimated project will be $256,000.
that the costs for this project will be $17,000 in FY 1986 and 34. If approved in the City's FY 1985-1990 Capital Improvement Pro-
5188,000 in FY 1987. gram and appropriate bond ordinances, the City agrees to com-
c. A Community Center adjacent to and east of the athletic field. mence construction of the Stream Valley Lakes and Park as soon
It is estimated that the costs for this project will be 560,000 in FY as reasonably feasible after issuance of a permit from the State
1987, 51,045,000 in FY 1988, and 595,000 in FY 1989. Water Resources Administration and after recordation in the land
records of Prince George's County, Maryland of all necessary and
30. The City further agrees to include for consideration in its proposed appropriate documents for the dedications referred to in pars-
FY 1985-1990 Capital Improvements Program the issuance and sale graph 2 of this Agreement. Upon recordation of such dedication
of the following general obligation bonds, as described at "Exhibit documents, the Developer agrees to submit a letter of request to
V as follows: the State Water Resources Administration requesting a transfer of
a. Fiscal Year 1984 or 1985 general obligation bond(s) in the ap- the Developer's permit application and permit into the name of the
proximate amount of 51,660,000 as follows: "Mayor and City Council of Laurel, Maryland"; City agrees to sub-
51,391,000 Stream Valley Lakes (FY 1985 Expenditure) mit a similar letter of request to effect such transfer. If required by
r:.
Annexation Agreements 21 =
the State Water Resources Administration, the Citv further agrees enable the City to commence construction of the Stream Valley
to retain the Developer's State Water Resources Administration- Lakes prior to the issuance of its general obligation bonds. If such 'y
certified, professional engineer to provide resident engineering notes are issued, the City agrees to redeem such note(s) no later
services during construction of stream valley improvements and to than October 1, 1984. The Developer further agrees to pay to the
be the engineer-in-charge responsible for assuring that the Stream City construction and engineering costs in excess of estimated con-
Valley Lakes design conforms to the approved plans and specifics- struction and engineering costs for the Stream Valley Lakes as set
tions and the terms and conditions of the permit or permits issued forth in "Exhibits V and VI".
by the State Water Resources Administration. Developer agrees to 35. The parties hereto agree that the preliminary plan shall be
pay to the City any costs for this engineer in excess of such engi- modified to provide that the phasing schedule for the shopping
neer's estimated costs as set forth in "Exhibit V". The retention of center shall be as follows:
such engineer by the City shall be subject to the quality of the a. 100,000 sq. ft. opening in April-June 1985
services of such engineer. If necessary, the Developer agrees to pur- b. 300,000 sq. ft. opening in October-December 1985
chase a no interest bond anticipation note(s) from the City to c. 100,000 sq. ft. opening in October-December 1986
r