O-13-29VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
I IIIIIII III III IIIII IIIII IIIII II IIIII IIIII IIII IIIII IIIII IIIII IIIII IIII IIII
Image# 050842/920030 Type: ORD
Recorded: 12/13/2013 at 12:43:23 PM
Receipt#: 2013-00081386
Pape 1 of 30
Fees: $55.00
IL Rental Housing Fund: $0.00
Lake county IL Recorder
Mary Ellen Vanderventer Recorder
File7062596
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake
and Cook Counties, Illinois, and that the attached is a true and accurate copy of
SEAL
Ordinance No. 0-13-29, An Ordinance Authorizing the Execution of an Annexation Agreement for
Woodview Residences at Parkway North
Dated this 10`h day of December, 2013
DAVID E. FITZG ..RAL
Deputy Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
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850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-13-29
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR WOODVIEW RESIDENCES AT PARKWAY NORTH
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
15th day of July , 2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
15thday of July , 2013.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.0-13-29
AN ORDINANCE AUTHORIZING THE EXECUTION OF
AN ANNEXATION AGREEMENT FOR WOODVIEW
RESIDENCES AT PARKWAY NORTH
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its
home rule powers, as follows:
SECTION 1: That the corporate authorities of the Village of Deerfield do hereby authorize
and approve the Annexation Agreement for the property commonly known as Woodview Residences
at Parkway North, a copy of which is attached hereto as Exhibit A hereof.
SECTION 2: That the President and Village Clerk of the Village of Deerfield are hereby
authorized and directed to respectively execute and attest the Annexation Agreement attached hereto
and made a part hereof.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
4-
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage
by a vote of two-thirds (2/3rds) of the corporate authorities of the Village of Deerfield and approval
as provided by law.
PASSED this 15th day of July , 2013.
AYES: Benton, Farkas, Jester, Nadler; Struthers
NAYS: Seiden
ABSENT: None
ABSTAIN: None
APPROVED this 15th day of July , 2013.
ATTEST:
Vil age Clerk
-2-
Village President
EXHIBIT A
Annexation At,, reement
This Document Prepared by and
After Recording Return to:
DLA Piper LLP (US)
203 North LaSalle Street
Suite 1900
Chicago, Illinois 60601
Attn: Richard Klawiter, Esq.
Thee space reserver! for Recorder's use only,
ANNEXATION AGREEMENT
WOODVIEW RESIDENCES A'1' PARKWAY NQRT1
This ANNEXATION AGREEMENT (WOODVIEW IiEJS ENC S AT PARKWAY
NORTH) (this "Agreement") is made and entered into as of this day of
2013, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the
"Village"), by and through its President and Board of Trustees (collectively, the "Corporate
Authorities"), JBC FUNDS PARKWAY NORTH LLC, a Delaware limited liability company
("JBC"), RAVINE TERRACE LLC, an Illinois limited liability company ("Ravine Terrace")
and WOODViEW DEERFIELD, LLC, a Delaware limited liability company (the "Developer').
JBC and Ravine Terrace are hereinafter collectively referred to as "Owners." The Village,
Corporate Authorities, Owners and Developer are sometimes referred to herein collectively as
the "Parties" and individually as a "Party."
WITNESSETH
WHEREAS, Owners are, collectively, the owners of record of an approximately 7.6-acre
tract of real estate generally located south of Deerfield Road on the west side of the Tri-State
Tollway in Lake County, Illinois, which real estate is legally described on the Plat of Annexation
which is attached hereto and made a part hereof as Exhibit A (the "Property"); and
WHEREAS, the portion of the Property owned by JBC, consisting of approximately 1
acre, is not situated within the limits of any municipality, but is contiguous to the Village, and is
legally described on Exhibit B- 1 attached hereto and made a part hereof (the "JBC Parcel");
BASIA56781704.6
WHEREAS, the portion of the Property owned by Ravine Terrace, consisting of
approximately 6.6 acres, is not situated within the limits of any municipality, but is contiguous to
the Village and to the JBC Parcel, and is legally described on Exhibit B-2 attached hereto and
made a part hereof (the "Ravine Terrace Parcel");
WHEREAS, the Property is not situated within the limits of any municipality, but is
contiguous to the Village; and
WHEREAS, Developer has entered into contracts to purchase the JBC Parcel from JBC
and to purchase the Ravine Terrace Parcel from Ravine Terrace; and
WHEREAS, the Developer desires and proposes to annex the Property, along with the
applicable portions of the adjacent rights -of -way (to the extent, if at all, those portions are not
�
already located within the corporate boundaries of the Village or of another municipality), to the
Village and to develop (or cause to be developed) the Property upon certain terms and conditions
1
hereinafter set forth and in accordance with the development plans which are attached hereto and
made a part hereof as Exhibit C (the "Plans'; and
WHEREAS, the Plans contemplate development of the Property with an approximately
four-story multi -family residential building, with an interior courtyard and including
approximately 248 apartment units and enclosed and unenclosed on -site parking; and
WHEREAS, the Developer has submitted an application to the Village seeking, among
other things, to .have the Property zoned as R-3 General Residence District and for approval of a
Special Use Planned Unit Development of the Property, including modifications, as necessary to
permit the development of the Property in accordance with the Plans; and
i WHEREAS, the Corporate Authorities, after due and careful consideration, have
concluded that the annexation of the Property to the Village, on the terms and conditions
i
I hereinafter set forth, and the unified development of the Property, as provided herein, would
further the growth of the Village, increase its tax assessable values, enable the Village to control
the development of the Property and would be in the best interests of the Village; and
WHEREAS, pursuant to the provisions of Section 11-15.1.1 of the Illinois Municipal
Code (65 ILCS 5/11-15.1-1), a public hearing was held on this Annexation Agreement before the
corporate authorities of the Village on June 17, 2013 pursuant to notice as provided by statute
and ordinance on June 17, 2013; and
EAs'f156791704.b
WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was
held on May 23, 2013, by the Village Plan Commission with regard to the re -zoning of the
Property, amendment to the Village Comprehensive Plan to designate the Property for residential
s uses, the approval of a Preliminary Development Plan for a Special Use Planned Unit
Development, including modifications, necessary to implement the Plans, approval of a
Preliminary Development Plan, and approval of an amendment to that certain Parkway North
Center Planned Unit Development, and the Village Plan Commission has submitted its
recommendations of approval of the aforesaid requests to the Corporate Authorities; and
i WHEREAS, pursuant to the provisions of Section 7-1-8 of the Illinois Municipal Code
(65 ILCS 5/7-1-8) Developer has filed or will file with the Clerk of the Village proper petitions
for annexation of the Property to the Village•, and; and
WHEREAS, due and timely notice of the proposed annexation has been given to the
West Deerfield Township Highway Commissioner and the Board of Town Trustees, the West
Deerfield Township Supervisor and the West Deerfield Township Clerk, in the manner and form
required by statute; and
NOW THEREFORE, in consideration of the premises and of the mutual covenants and
agreements herein contained, it is hereby agreed by and between the Parties as follows:
1. Recitals. The recitals set forth above are incorporatea nerern oy tills
reference as if set forth in their entirety in this Section 1,
2. Applicable Law. This Agreement is made pursuant to and in accordance
with provisions of Section 11-15.1-1, et seq. of the Illinois Municipal Code (65 ILCS 5/11-15.1-
1, et seq.).
3. Petition for Annexation, The Owners and/or Developer have filed or will file
proper petitions for annexation with the Village Clerk to annex the Property to the Village.
4. Acquisition of the Property. This Agreement, the ordinances adopted by the
Village pursuant to the provisions of this Agreement and all of the Parties' rights, obligations and
liabilities under this Agreement shall terminate and become null and void as to all of the Property
if the Developer fails to acquire title to, or is precluded from acquiring title to, either or both of
the ABC Parcel or the Ravine Terrace Parcel within 90 days of the Village's delivery to the
Developer of an executed copy of this Agreement. Following its acquisition of each of the 3BC
Parcel and the Ravine Terrace Parcel, the Developer shall give notice to the Village of the date of
EASW678t704.6
such acquisition (individually, an "Acquisition Notice" and collectively, the "Acquisition
Notices"). Upon receipt of a written request from the Developer; the Village shall extend said
90-day period for an additional 90-day period, and such extension shall not be deemed an
E amendment to this Agreement.
5, Releases. From and after the date the Developer acquires title to the JBC
Parcel from JBC, and upon receipt of the Acquisition Notice provided for above, JBC shall be
released from all liability to the Village under this Agreement and the Village shall be released
fiom all liability to JBC under this Agreement. From and after the date the Developer acquires
title to the Ravine Terrace Parcel, and upon receipt of the Acquisition Notice provided for above,
Ravine Terrace shall be released from all liability to the Village under this Agreement and the
Village shall be released .from all liability to Ravine Terrace under this Agreement.
6. Enactment of Ordinances. Not more than 30 days after receipt of the
Acquisition Notices, and provided that proper petitions for annexation of the Property have been
filed, the Corporate Authorities shall enact one or more ordinances that:
E a, annex the Property, including all unincorporated highways contiguous thereto, to
the Village (the "Annexation Ordinance");
b, amend the Village Comprehensive Plan to designate the Property for residential
uses;
c1 rezone the Property to the i�-5 General Residence District;
d. approve a Preliminary Development Plan, as defined in Section 12.09-C of the
1 Village Zoning Ordinance, including certain exceptions and modifications from the
Village Zoning Ordinance to allow development of the Property in accordance with the
Plans;
g C. approve an amendment to the Parkway North Center Planned Unit Development
to allow, subject to Developer securing appropriate agreements, easements or other rights
from Parkway North Center private property owners, access, an overlook at the retention
I
pond, and a combined retention area, consistent with the Plans; and
The Annexation Ordinance will be recorded with the Lake County Recorder's Office along with
the Plat of Annexation within 30 days after enactment of the Annexation Ordinance,
EASW6781704, 6
Approval of Plans, The Village hereby approves the Plans for the project described
herein. The Village agrees to approve Final Development Plans, as defined in Section
12.09-F of the Village Zoning Ordinance, including adopting such ordinance or
ordinances granting the Special Use for Residential Planned Unit Development,
approving such Final Development Plans and authorizing any other action necessary to
implement such Final Development Plans, provided such Final Development Plans
substantially conform to the previously approved Preliminary Development Plan. The
Plans contemplate the exceptions and modifications from the terms of the Village
Zoning Ordinance identified on Exhibit D attached hereto.
t
The Developer retains the right, in accordance with the Planned Unit Development provisions of
the Village's Zoning Ordinance, to seek to amend the Plans, the approved Preliminary
Development Plan and the approved Final Development Plans. The Village will expeditiously
process such request in accordance with its Planned Unit Development procedures.
7. Proposed Roadway Improvements. The Developer, at its expense, will construct
a private access road to provide primary access off existing Parkway North Boulevard at the
I southwest corner of the Property. A new traffic signal will he installed at no cost to the Village
at the intersection of Parkway North Boulevard and Deerfield Road. Additional emergency
access will be provided via a new limited -access private drive on the west side of the Property
connected to existing Deer Run Drive. The traffic signal shall be installed prior to issuance of a
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certificate of occupancy for the project described in this Agreement, The Developer intends to
improve the east -west section of Deer Run Drive in the manner shown on the Plans. This portion
of Deer Run Drive is currently maintained by West Deerfield Township (the "Township"), and is
i
the primary means of vehicular ingress and egress for two existing single-family residences
located east of and adjacent to the Property (the "Adjacent Residences"). It is the intent of the
Parties that the Developer own and maintain Deer Run Drive as a private road serving the
Property and the Adjacent Residences. Developer acknowledges and agrees that Veer Run Drive
must be maintained for purposes of providing vehicular access to the Adjacent Residences.
Preliminary information indicates that title to Deer Run Drive is held by the Illinois Tollway
Authority (the "Tollway"). The Parties agree that, upon annexation of the Property, the
Developer, and not the Village, shall be responsible for maintenance of Deer Run Drive. The
EAM6781704.6
Village agrees to reasonably cooperate with the Developer's efforts to acquire title to Deer Run
Drive from the Tollway, or such other agency holding title, provided that the Developer shall
grant to the owners of the Adjacent Residences access easements over Deer Run Drive serving
i the Adjacent Residences. The Developer shall not be required to grant additional access rights or
to allow a change in the use or exercise of such access rights to accommodate a change in use of
the Adjacent Residences or an increase in the number of residential dwelling units. In the event
it is not practical or economically feasible, in the Developer's sole discretion, 6 acquire title to
Deer Run Drive, the Developer shall be responsible for the .maintenance of Deer Run Drive as a
� road serving the Property and the Adjacent Residences.
8. Water Provision. The Developer, at its expense, shall have the right to
connect to the 'Village's water system at the existing 12" water main located within Parkway
North Boulevard, subject to execution of appropriate agreements with private property owners,
3
as may be required for the Property to connect at this location Alternatively, the Developer may
elect to connect to the Village's water system at the existing 12" water main located within the
Deerfield Road right -of way; provided, however, that the Developer shall be responsible for
extending said Deerfield Road water main to the point of connection.
9. Sanitary Sewer Provision. The Developer intends to connect to the Lake
County Public Work Department's ("LCPV ') sanitary sewer system. The Corporate Authorities
agree to cooperate with the Developer and use reasonable efforts to aid the Developer in
obtaining such permits from the LCPW and any other governmental agencies having jurisdiction
{
as may be necessary to authorize connections from the Property to such sewer system.
10. Storm Sewer and. Storm water Retention. The Developer, at its expense, shall,
subject to the approval of the Village Engineer and all other governmental bodies having
jurisdiction, and subject to appropriate agreements, easements or other rights to be secured by
Developer from private property owners, construct the on -site storm sewers and appurtenances
serving the Property and the expended retention pond, all as depicted in the Plans.
11, Easements Required for Development Plan. It shall be the responsibility of
Developer, at its sole expense, to obtain any easements, access or property rights required to
implement the Plans.
12. Dedicati n of Streets and Utilities and Vacation of Streets. No streets, water
mains (except for the extended Deerfield Road water main, if Developer makes the election
EASM678 [ 704.6
referenced in Section 10 above), sanitary sewers, storm sewers or other utilities located on the
Property shall be dedicated to the Village.
13. Parking Study, The Developer agrees that, at such time as 90% of the apartment
units are leased and occupied, the Developer shall commission a parking demand study to
analyze whether the number of parking spaces provided on the Property are adequate to serve the
aetuaI parking demand created by the project described herein. The Developer shall provide the
Village with the results of such study. If the results of such study determine that the actual
demand for parking spaces exceeds the number of parking spaces provided on the Property, then
the Developer and the Village shall cooperate to identify mutually agreeable strategies to fulfill
such excess demand. The Village may elect to require the Developer to create additional surface
parking spaces on the Property to satisfy such excess demand.
14. Park,8 )(J Fire 1'rntcetic�ri, V lla�!c a��cl l,ibrary lm aka ct l:e�s� f'redii.
Pursuant to Ordinance 0-93-48, the Developer shall receive a park impact fee credit for
private open spaces and recreation areas and facilities provided as part of the project, as
described in the Plans, the Rezoning Ordinances and the Preliminary Development Plan, and
shall provide cash contributions for improvement of existing school, park, fire protection, village
and library sites, all as provided in Exhibit E attached hereto.
15. Buiidin Permit Fees. The Developer shall pay to the Village building permit fees
as and when required under generally -applicable Village laws; provided however, such building
permit fees shall include the reductions, if any, identified on Exhibit E attached hereto.;
16. Condominium Conversion. The multi -family residential building to be
constructed on the Property pursuant to the Plans and this Agreement may not be converted to
condominium or any other form of independent unit ownership for a period of five (5) years
following the annexation of the Property.
17, Deerfield Park District. The Developer agrees to execute any necessary and
appropriate legal documents to annex to the Deerfield Park District any portions of the Property
which are not presently within the corporate limits of another park district and which otherwise
conform to any applicable state or municipal requirements for such annexation.
18. Comoliasice with Applicable Ordinances. Except as otherwise expressly
provided in this Agreement, the Rezoning Ordinances, the approved Preliminary Development
Plan and any approved Final Development Plans, all aspects of the development of the project
EASW6781704.6
herein proposed, including the construction of buildings, facilities or other improvements, and
the use of the Property, shall comply with all applicable Village ordinances, codes and
regulations. All ordinances of the Village relating to zoning, subdivision control, building, and
related ordinances in effect as of the date hereof, shall insofar as they may apply to the Property,
continue in effect during the full term of this Agreement, with the exception of amendments
updating the Village's building ordinances and other related technical codes or ordinances,
19. Facilitation of Development. Time is of the essence of this Agreement, and all
Parties will make every reasonable effort to expedite the subject matters hereof. It is further
understood and agreed by the Parties that the successful consummation and performance of this
Agreement and the development of the Property in the best interests of all the Parties requires
their continued cooperation, and the Parties do hereby agree to provide such continued
cooperation.
20. Enforceability of the Agrcement. Upon a breach of this Agreement, the Party
claiming such breach, in any court of competent jurisdiction, by an appropriate action or
proceeding at law or in equity, secure specific performance of the covenants and agreements
hereui contained, be awarded damages for failure of performance or both, or obtain rescission
and disconnection for repudiation or material failure of performance. If any provision of this
Agreement ig held invalid, such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein.
Before any failure of any Party to this Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure
! shall notify, in writing, the Party alleged to have failed to perform the alleged failure and demand
performance. No breach of this Agreement may be found to have occurred if performance has
i been commenced to the satisfaction of the complaining Party within twenty-one (21) days of the
! receipt of such notice.
The failure of any Party to this Agreement to insist upon the strict and prompt,
performance of the terms, covenants, agreements, and conditions herein contained, or any of
them, upon any other Party imposed, shall not constitute or be construed as a waiver or
relinquishment of any Party's right thereafter to enforce any such term, covenant, agreement or
condition, but the same shall continue in full force and effect. No action taken by any party to
this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in
EASW,6781704.6
this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein
or available to any Party at law or equity.
21. Amendments. The Parties agree that this Agreement and any exhibits attached
hereto may be amended by the mutual consent of the Parties and by the Village's adoption of an
ordinance authorizing the execution of such amendment. after a public hearing in accordance
with Article 11, Division 15.1 of the Illinois Municipal Code (65 ILCS 5111-15.1.1 et, seq.) and
the subsequent execution of such amendment by all of the Parties hereto or their successors in
interest.
22, Prior Agreements. Except as expressly provided herein, this Agreement
supercedes all prior agreements, negotiations and exhibits and is a full integration of the entire
agreement of the Parties,
P
23. Term of the Agreement, This Agreement will be binding on the Parties and
i
their respective successors and assigns for a term of twenty (20) years, commencing as of the
1 date set forth above, and for such further term as may hereafter be authorized by statute or
ordinance of the Village, Nothing herein shall in any way prevent the alienation or sale of the
Property, or any portion thereof, except that said sale shall be subject to the provisions hereof,
and any successor owner shall be benefited and bound by the conditions and restrictions herein
expressed.
24, Severability. If any provision, covenant, agreement or portion of this Agreement
I
or its application to any person, entity or property is held invalid, such invalidity shall not affect
the application or validity of any other provisions, covenants or portions of this agreement and,
to that end, any provision, covenants, agreements or portions of this Agreement are declared to
be severable.
25. Notices. Any notice required pursuant to the provisions of this Agreement
shall be in writing and shall be deemed effectively given on (i) the date of personal delivery, or
(ii) on the first business day following deposit with a recognized national overnight courier
service, or (iii) on the second business day following deposit in the U.S. mail, certified or
registered, return receipt requested, postage prepaid, to the Parties at the following addresses, or
at such other addresses as the Parties may, by notice, designate:
If to Developer: Ravine Park. Partners, LLC
5750 Old Orchard Road
Suite 450
s
SAST,56781704.6
i
Skokie, Illinois 60077
Attn: Greg Moyer
and to: Conor Commercial Real Estate
9550 West Higgins Road
Suite 200
Rosemont, Illinois 60018
Attn: Molly McShane
With a copy to: DLA Piper LLP (US)
203 North LaSalle Street
Suite 1900
Chicago, Illinois 60601
Attn: Richard Klawiter, Esq.
If to Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attn: Village Manager
With a copy to: Rosenthal, Murphey & Coblentz
30 North LaSalle Street
Suite 1624
Chicago, Illinois 60602
Attn: Peter Coblentz, Esq.
26. Counterparts. This Agreement may be executed in any number of counterparts
each of which shall be deemed an original, but all of which, taken together, shall constitute one
and the same instrument.
27. Village Approval. Wherever any approval or consent of the Village, or of any
f of its departments, officials, employees, attorneys or consultants is called for under this
Agreement, the same shall not be unreasonably withheld or delayed.
28. Interpretation. The Village and Developer have each had the advice of counsel in
the negotiation of this Agreement and no other provision of this Agreement shall be construed
against a Party or its counsel because such counsel may have had primary responsibility for the
drafting thereof,
Signature Pages Follow
EASM6781704.6
IN WITNESS WHEREOF, the Village and the Developer have caused this instrument to
be executed by their respective proper officials duly authorized to execute the same as of the day
and the year first above written.
Attest:
Village C ] erk
EAST156781704.6
VILLAGE OF DEERFIELD,
an Illinois municipal corporation
B_rzardY:
Title: President of the of Trustees
WOODVIEW DEERFIELD, LLC a
Delaware limited liability company
By:_
Its:
7BC FUNDS PARKWAY NORTH LLC, a
DolawaT ' c , ' ility company
S
By:
11
Its.___W }� _
RAVINE TERRACE LLC, an
Illinois limited liability company
By:
Its:
IN WITNESS WHEREOF, the Village and the Developer have caused this instrument to
be executed by their respective proper officials duly authorized to execute the same as of the day
and the year first above written.
VILLAGE OF DEC-RFIELD,
an Illinois municipal corporation
Attest:
By:_
Village Clerk Title: President of the Board of Trustees
WOOD'VIE,A ' DEI:,.i2MELD LLC a
Delaware li 1 tool li, ompny
By:
Its Ar t•"
JBC FUNDS PARKWAY NORTH LLC, a
Delaware limited liability company
By:
Its:
RAVINE TERRACE LLC, an
Illinois limited liability company
By:
Its:
$AM55781704.5
STATE OF ILLINOIS )
COUNTY OF SS.
I, the undersigned, a notary public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT H4rr;personally known to me to be the President of
the Board of Trustees of the Village of Deerfield, an Illinois municipal corporation (the
"Village"), and c,tdi S • S -g± , personally known to me to be the Village Clerk of said
Village, and personally known to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that as
such President and Village Clerk, they signed rnd delivered the said instrument as said President
and Village Clerk, and caused the corporate seat of said Village to be affixed thereto, pursuant to
authority given by the Board of Trustees of said Village, as their free and voluntary act, acid as
the free and voluntary act and deed of said Village, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 10 b-q- 2013.
r
;11;-ary Public
My Commission Expires
=CMo�tmjavn1aPa-11obn1W-e8Vt
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EAM56781704,6
STATE OF MLINOIS )
SS.
COUNTY OF I� )
I, the undersigned' notary public in and for the County and State aforesaid, DO
4,r,,,,*llI" �:1=�It'I'i �' THAT fiV41 ' � personally known to me to be the
of Woodvievvl)vodrelcl.LIJ (the "Connpany"), and personally known #o me
scrn whose name is subscribed t 'i� forep;otrig 'Irstrurxrcrrt, appeared before me
this day in person and acknowledged t t as such 1`the Company, s/he signed and
delivered the said instrument as said p�ursuauxr to authority given by the Company,
as his/her free and voluntary act, and as Iretlran� voluntary act and deed of said Company, for
the uses and purposes therein set forth.
r }
GIVEN under my hand and notarial seal this day ofy`c' 2013.
�, Totter pifr li
My Commission 1?x ' csOFFICLAL SEAL
(SEAL) MARY A HOEHLEN
NOTARY PUBLIC - STATE OF UJNOIS
MY COMMISSION EXPIREWWW6
EASn56781704.5
STATE OF ILLINOIS )
COUNTY OFF )
I, the undersigned, a not4,4
ic in and for the County and State aforesaid, DO
I BY, CERTIFY THAT ' , _, personally known to me to be the
g r?�/'t4 of JBC Funds i'arkworih LLC,(the "Company"), and personally known
to me to be the same; person whose name is subscribed tote forego` instrument, appeared
before me this day in person and acknowledged that as auch td %fit S � irvr r'of the Company, slice
signed and delivered the said instrument as saidAIIJA 5i r)44r , pursuant to authority given by the
Company, as his/her free and voluntary act, and as the free and voluntary act and deed of said
Company, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of ,thcrr' . 2013.
IM
�-f
N tary Public
My Commission Expires 22--Zblq-
OFFICIAL SEAL
SYLVIA CASTON-COLEMAN
Notary Public - State of Illinois
My Commission Expires Apr 22, 2014
EAS7%56781704,6
IN WITNESS WHEREOF, the Village and the Developer have caused this instrument to
be executed by their respective proper officials duly authorized to execute the same as of the day
and the year first above written.
Attest:
Village Clerk
VILLAGE OF DEERFIELD,
an Illinois municipal corporation
By:
Title: President of the Board of Trustees
WOODVIEW DEERFIELD, LLC a
Delaware limited liability company
By:
Its:
7BC FUNDS PARKWAY NORTH LLC, a
Delaware limited liability company
By:.
Its:
RAVINE TERRACE LLC, an
Minn limited liabilit company
By �
Its:__-
FAS71'56781744.5
STATE OF ILLINOIS
SS.
COUNTY OF Lake
I, the undersigned, a notary public in and for the County and State aforesaid, DO
HEREBY CERTIFY THAT Michael Strauss, personally known to me to be the Manager of
Ravine Terrace LLC, (the "Company"), and personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that as such Manager of the Company, s/he signed and delivered the said
instrument as said Manager, pursuant to authority given by the Company, as his/her free and
voluntary act, and as the free and voluntary act and deed of said Company, for the uses and
purposes therein set forth.
GIVEN under my hand and notarial seal this day of - Ao0-- ;, 013.
Notary Public
My Commission Expires /,�' - 4
(SEAL)
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EAST156781704,5
Exhibit A
Plat of Annexation
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Exhibit B-1
The JBC Far el
PARCEL I:
LOT 4 IN HENDRIK'S SUBDIVISION, A SUBDIVISION OF THE WEST 531.8 FEET OF
THE EAST 672.2 FEET OF THE NORTH 43 RODS AND 16 LINKS OF THE NORTHWEST
QUARTER OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED OCTOBER
12, 1958, AS DOCUMENT 926650, IN BOOK 1489 OF RECORDS, PAGE 123, IN LAKE
i COUNTY, ILLINOIS.
PARCEL 2:
THE EAST HALF OF THE VACATED STREET LYING WEST OF AND ADJACENT TO
PARCEL ONE AFORESAID, AS VACATED BY ORDINANCE RECORDED AS
DOCUMENT NO,'3499610 IN LAKE COiJNTY, ILLINOIS.
EAM676170U
Exhibit B-2
The Ravine Terrace Parcel
PARCEL 1
LOT 2 IN DOEFIELD ACRES, BEING A SUBDIVISION OF PART OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 23, 1957 AS DOCUMENT 958590, IN BOOK 34 OF PLATS, PAGE 34,
IN LAKE COUNTY, ILLINOIS,
PARCEL 2:
LOT 5 IN DOEFIELD ACRES, BEING A SUBDIVISION OF PART OF THE NORTHWEST
1/4 OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 23, 1957 AS DOCUMENT 958590, IN BOOK 34 OF PLATS, PAGE 34,
IN LAKE COUNTY, ILLINOIS,
PARCEL 3:
TIDE EAST 140.4 FEET OF THE NORTH 720.06 FEET OF THE NORTHWEST 1/4 OF
SECTION 31, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, (EXCEPT THAT PART CONDEMNED FOR TOLL ROAD PURPOSES BY
PROCEEDINGS HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS
CASE NO, 13974 ON JUDGMENT OF TAKING ENTERED JUNE 25, 1957), IN LAKE
COUNTY, ILLINOIS.
PARCEL 4:
THE NORTH 720.06 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 31, TOWNSHIP AND RANGE AFORESAID (EXCEPT THE EAST 1133.5 FEET
THEREOF, AND EXCEPT THAT PART CONDEMNED FOR TOLL ROAD PURPOSES BY
PROCEEDINGS HAD IN THE COUNTY COURT OF LAKE COUNTY, ILLINOIS, AS
CASE NO 13974, ON JUDGMENT OF TAKING ENTERED JUNE 25, 1957), IN LAKE
COUNTY, ILLINOIS.
EAS'A56781704,6
Exhibit C
The Development Plans
1. Woodview Apartments Project Description, dated May 15, 2013.
2. Woodview Aerial Plan, by Hartshorne Plunkard Architecture, dated 5/2312013.
3. Overall Site Plan, sheet A0.1, showing additional handicapped parking spaces, by
Hartshorne Plunkard Architecture, dated 5/9/2013.
4. Site Plan showing a new striped crosswalk, a new median curb cut, and anew sidewalk
extension near the intersection of Parkway North Boulevard and the entrance to the
Woodview development, by Hartshorne Plunkard Architecture, dated 5115/2013.
5, Materials Board, sheet A0.2, by Hartshorne Plunkard Architecture, dated 5/9/2013.
b. First Floor Plan, sheets A1.01, by Hartshorne Plunkard Architecture, dated 5/9/2013.
7. First Floor Amenity flan, by Hartshorne Plunkard Architecture, dated 5/9/2013.
S. Second Floor Plan, sheet A1.02, by Hartshorne Plunkard Architecture, dated 5/9/2013.
9. Third. and Fourth Floor Plan, sheet A1.03, by Hartshorne Plunkard Architecture, dated
5/9/2013.
10. Roof Plan, sheet A1.05, by Hartshorne Plunkard Architecture, dated 5/912013.
11. Elevations, sheet A2.01, by Hartshorne Plunkard Architecture, dated 5/9/2013.
12. Minor Elevations, sheet A2.02, by Hartshorne Plunkard Architecture, dated 5/9/2013.
13. Geometry Plan, sheet C-1, by Hartshorne Plunkard Architecture, dated 5/3/2013.
14, Utility Plan, sheet C-2, by Hartshorne Plunkard Architecture, dated 5/3/2013.
15. Grading and Paving Plan, sheet C-3, by Hartshorne Plunkard Architecture, dated
5/3/2013.
16. Landscape Site Plan, by Wolff Landscape Architecture Inc., dated 5/3/2013.
17. Landscape Palette, by Wolff Landscape Architecture Inc., dated 5/23/2013.
18. Existing Tree Inventory, by Wolff Landscape Architecture Inc., dated 5/8/2013.
EASW 67817Q4.b
19, Preliminary Site Lighting Plan, sheet E1.0, by Hartshorne Plunkard Architecture, dated
5/3/.2013.
20, Preliminary Photomeuics Study, sheet E1.1, by Hartshorne Plunkard Architecture, dated
5/3/2013.
21. Boundary and Topographic Survey, 2 sheets, by Manhard Consulting, dated 2/22/13,
22. Parking Ratios Comparison, by Tracy Cross & Associates, dated June 14, 2013,
23. Traffic Impact Study, by V3 Companies, Project No, 13021, dated March 14, 2013.
24. Utility Infrastructure Analysis Memorandum, by V3 Companies, dated February 21,
2013, revised February 28, 2013.
25. An Analysis of the Market Potential For Rental Apartment Development — Parkway
North Center — Deerfield, Illinois, by Tracy Cross & Associates, Inc., dated February 19,
2013,
26. Woodview Deerfield Phase 1 Design Development Package, sheets 0.1, G.2, G.3, 0.4,
05, Project Number CC-741 6, by The Phillips Agency, dated 5/2/2013.
27, Lighting Curt Sheets for the Woodview Apartments, 20 sheets.
EAS7156781704,6
EXHIBIT D
Variations Approved for Woodview Residences PUD
1. To allow the petitioners to provide 7.68 acres for the site in lieu of the required 680,500
square feet (15,6 acres) of land area required based on the mix of units in the proposed
development,
2. To allow the setback between the private street on the west side of the development to be
15.3 feet, and the setback between the private street on the south side of the development
to be 19:2 feet in lieu of the required setback for a private street, which is twenty-five
(25) feet plus one (1) foot for each one (1) foot by which the building exceeds thirty (30)
feet in height. The setback from the private streets on the west and,south of the property
would require a 45 foot setback between the building and the road.
3. To allow structures to be located in the perimeter setbacks of this development including:
a sand volleyball area located the north perimeter setback 8.3' from the property line; the
pool structure located in the perimeter setback 7.3' from the property line; the new streets
located in the perimeter setbacks 7.8' from the south property line and 3.3' from the west
property line in lieu of the required perimeter setback which is 25 feet, plus one (1) foot
for each one (1) foot by which the building exceeds thirty (30) feet in height, which shall
be provided and maintained along the exterior boundaries of the Residential PUD. A 45
foot minimum perimeter setback is required for the Woodview development.
4. To allow the total ground area occupied by all principal and accessory buildings to be
32%, in lieu of a maximum of 30%.
5. To allow the apartment building to exceed the maximum building height by 15' (50'
building — 35' maximum = 15' variation); and to allow the mechanical/elevator
penthouse to exceed the maximum height by 10' (57' mechanical/elevator penthouse
height — 47' maximum =10' variation),
6. To allow the identification entry sign to be 30 square feet in area in lieu of the maximum
27 square feet allowed.
7, To allow the identification entry sign to be located on the Parkway North Center
property,
8. To allow the identification entry sign to have a depth of 3 feet 6 inches in lieu of the
allowed maximum depth of 1 foot.
9. To allow the leasing office sign to be 33 square feet in area (11.66' long by 2' high) in
lieu of the allowed maximum of 4 square feet.
10. To allow a reduction in the number of on -site parking spaces to 406 spaces, in lieu of the
436 spaces that would be required.
EASI%5678I704.6
EXHIBIT E
Impact Fees and Building Permit Fee Modifications
The Property is served by private streets and storm sewers, and sanitary sewer treatment is
provided by Lake County. As a result, the Village will have no street or sewer maintenance
responsibilities, nor does the Village provide sewage treatment. Accordingly, the Village hereby
waives (i) all, sanitary and storm connection fees, estimated to be approximately $40,000; (ii) the
0.5% Infrastructure Maintenance fee, estimated to be approximately $188,000, and (iii)
engineering review fees applicable to storm water and sanitary facilities. Because the project
will be served by the Village's water system, engineering review fees will be applicable for
review of water distribution facilities. No engineering review fee will be applicable to private
improvements, such as grading, landscaping, recreational outdoor features (including water
features), paving and concrete, irrigation, and site electrical.
The Parties agree that, for purposes of calculating the required impact fee under Ordinance No.
0-93-48 (the "Ordinance"), a fair market value of One Hundred Seventy -Five Thousand Dollars
($175,000.00) per acre shall be employed. Pursuant to the Ordinance, the Village hereby grants
the Developer a credit against the required impact fees in consideration of the substantial amount
of the Property (156,978 square feet) to be used for project -occupant recreational activities.
Applying this credit, and based upon the current unit mix and unit count, the Developer shall pay
a fee of $967,300 in lieu of property financial contributions to the Village, to be distributed to the
various agencies as follows;
Deerfield Park District $528,000
Village of Deerfield
$300,000
Deerfield Library
$ 15,000
D-B Fire Protection Dist,
$ 2,300
School District #109
$ 76,000
School District #113
46 00
Total $967,300
The Developer shall pay the impact fee upon issuance of the building permit for construction of
the apartment building. The Developer agrees that such impact fee shall be payable to the
Village of Deerfield and shall be deposited with the Village Finance Director who shall be solely
responsible for disbursement of the funds to the governmental units identified above.
rnAM56781704.6