R-21-36VILLAGE OF DEERFIELD
RESOLUTION NO. 2021- R-21-36
A RESOLUTION APPROVING A DONATION AGREEMENT AND
ACCEPTING THE DONATION OF THE PROPERTY AT 0 LANDIS LANE
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, Landstar Custom Homes LLC, is the record title owner ("Owner')
of that certain property commonly known as 0 Landis Lane and corresponding to P.I.N.
16-28-400-002 ("Property'); and
WHEREAS, the Property is an approximate 63,162 square foot vacant parcel; and
WHEREAS, the Village is the owner of a parcel of real property located adjacent
to the Property that it uses for potable water management and various types of
infrastructure; and
WHEREAS, the acquisition of the Property will allow the Village to better
manage potable water delivery and other Village infrastructure needs; and
WHEREAS, the Owner desires to donate the Property to the Village, and the
Village desires to accept the donation pursuant to a donation agreement
("Agreement'); and
WHEREAS, the Village Board has determined that approval of the Donation
Agreement and acceptance of the donation of the Property pursuant to the terms of the
Donation Agreement will serve and be in the best interests of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF DONATION AGREEMENT. The Village Board
hereby approves the Donation Agreement, substantially in the form attached to this
Resolution as Exhibit A, and in a final form to be approved by the Village Manager and the
Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE DONATION AGREEMENT.
The Village Board hereby authorizes and directs the Village President and the Village Clerk
to execute and seal, on behalf of the Village, the Donation Agreement and all necessary
documentation related thereto to effectuate the acceptance of the Property pursuant to the
terms of the Donation Agreement.
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SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: October 18, 2021
APPROVED: October 19, 2021
RESOLUTION NO: R-21-36
Daniel C. Shapiro, Mayor
ATTEST:
Village Cler
{00122752.1}
EXHIBIT A
Donation Agreement
{00122752.11
LANDSTAR CUSTOM HOMES, LLC
4808 RFD
Long Grove, Illinois 60047
September 27, 2021
Kent S. Street
Village Manager
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Re: Real Estate Donation of Property Commonly Known As 0 Landis Lane Deerfield,
Illinois PIN 1628400002
Dear Mr. Street:
This letter documents our donation of the vacant lot of land as legally described on the attached
Exhibit A (the "Donated Property") to the Village of Deerfield Illinois, an Illinois municipal
corporation (the "Village"). The following are the specifics of this donation.
Donor: Landstar Custom Homes LLC
Attn: Andrew Rubin
4808 RFD
Long Grove, Illinois 60047
with a copy to
Stephen J. Link, Esq.
1001 W. Lake Street
Addison, Il. 60101
Donee: Village of Deerfield (the "Village")
c/o Kent S. Street,
Village Manager
850 Waukegan Road
Deerfield, IL 60015
with a copy to
Benjamin Schuster
Elrod Friedman LLP
325 North LaSalle St. Suite 450
Chicago, IL 60654
Description of the Donated Property: one vacant lot of approximately 63,162 square feet and
GIS 1.7393 acres commonly known 0 Landis Lane, Deerfield, Illinois 60015 ("Donated
Property), and as legally described on Exhibit A.
100120269.21
PIN: 16-28-400-002
Fair Market Value of Donation: S 375,000 as of September 24, 2021 (per
attached anraisal by Andrew Richter ("Appraisal") for Donated Property.
Fair market value of any goods or services given to Donor in return: $ None.
Additional donation: At the delivery by Donor of the signed warranty deed to the Village for the
Donated Property ("Warranty Deed") and a Plat Act Affidavit, Donor will pay the real estate
taxes for tax years 2020 and will give to the Village a cash contribution to the Village to pay the
real estate taxes for the portion of the 2021 tax year when Donor owned the Donated Property. The
Donor's share of the real estate taxes will be calculated by taking the amount of the most recent
annual taxes multiplying by 105% then dividing by 365 and multiplying by the number of days in
the tax year that the Donor owned the Donated Property.
The Village, as Donee, shall execute Part VI of Internal Revenue Service Form 8283 ("Form")
provided by Donor. The Village makes no representation or warranty with respect to the appraisal,
the tax consequences of the donation, or any other matter with respect to the donation, or the Donated
Property, and the Village's sole obligation with respect to the donation shall be to execute the Form.
The Village's obligation to execute the Form is conditioned on the Form correctly reflecting the value
of the Property as set forth in the Appraisal.
Donor represents to the Village the following, which representations expressly survive delivery of the
Warranty Deed and the closing of the transfer:
(i) Donor has not entered into any agreements or granted any options pursuant to which
any third party has the right to acquire all or any portion of the Donated Property or
any interest therein, and to the best of Donor's knowledge, no such agreements or
options exist;
(ii) there are no leases, tenancies, licenses, options or rights of occupancy or purchase,
service or maintenance contracts or other contracts which will be binding upon the
Village or the Donated Property after the donation;
(iii) the Donated Property is not affected by or subject to: (a) any pending or, to the best
of Donor's knowledge, threatened condemnation suits or similar proceedings, (b)
other pending or, to the best of Donor's knowledge, threatened claims, charges,
complaints, petitions or unsatisfied orders by or before any administrative agency or
court, or (c) any pending or, to the best of Donor's knowledge, threatened claims,
suits, actions, complaints, petitions or unsatisfied orders by or in favor of any party
whatsoever;
(iv) to Donor's knowledge, there are no unrecorded easements, liens or encumbrances
affecting the Donated Property;
(v) Donor has received no written notice of, and to the best of Donor's knowledge, there
is not any violation of any law, ordinance, order, regulation or requirement,
including, but not limited to, building, zoning, environmental, safety and health
100120269.21 2
ordinances, statutes, regulations and requirements issued by any governmental or
municipal body or agency having jurisdiction over the Donated Property,
(vi) to the best of Donor's knowledge, there has not been any use of the Donated
Property (a) for the generation, storage or disposal of any (1) asbestos, (2)
petroleum, (3) explosives, (4) radioactive materials, wastes or substances, or (5) any
substance defined as "hazardous substances" or "toxic substances" in any applicable
law governing environmental matters. ("Environmental Laws") (collectively,
"Hazardous Materials") and the use of the Donated Property has been in
compliance with all Environmental Laws, (b) there are not any Hazardous Materials
present on the Donated Property, (c) the Donated Property is currently in
compliance with all Environmental Laws; and (d) there are currently no Storage
Tanks on the Donated Property and any Storage Tanks formerly located on the
Donated Property were removed in compliance with all Environmental Laws.
At least 30 days prior to closing, Donor shall pay all outstanding real estate taxes, interest, and
penalties as a result of the outstanding real estate taxes on the Donated Property, including the
unpaid real estate taxes for the 2017, 2018, and 2019 tax years, and take all actions necessary to
remove all tax liens on the Donated Property ("Tax Obligations").
Upon the approval of this donation by the Village, as shown by its signature on this letter, the
Donor will deliver the following documents to the Village at a closing at Chicago Title Insurance
Company ("Title Company") Northbrook office: (i) Warranty Deed with Plat Act Affidavit, to
be recorded by the Title Company with the Lake County Recorder; (ii) a check for the amount of
Donor's share of the 2021 real estate taxes for Donated Property, (iii) signed transfer
declarations/MYDEC, (iv) all documents requested by the Title Company, (v) an ALTA /NSPS
Survey provided to Donee digitally, and six stamped Surveys certified to the Donor, Title
Company, and the Donee showing all improvements, encroachments, utilities and staked
boundaries and that complies with all requirements of the Title Company that are conditions to the
removal of the survey exception from the standard printed exceptions in the Title Commitment
dated , 2021 (Donee will order the title commitment but
Donor will be responsible for payment of the fee for the Title Company to issue its Owner's Policy
as approved by the Donee), and contains a certification as to the total acreage of the Property, and
includes Table A Items as approved by the Village; (vi) a ProForma Title Policy showing extended
coverage over general exceptions, real estate taxes for 2021 and subsequent years, and title
exceptions as approved by the Village; (vii) Bulk Sale Releases from the Illinois Department of
Revenue, Illinois Department Employment Security, County and local government, if any; (viii)
Proof of Tax Redemption for tax years 2017, 2018, 2019, 2020 and proof that all real estate taxes
through 2020 have been paid in full, including any fees, penalties and interest; (x) proof that the
Donor is good standing with the SOS and any company documentation required by the Title
Company; and (xi) proof that Donor has satisfied the Tax Obligations set forth above.
We will also allow Donee access to the Donated Property for any inspections Donee requires.
We will cooperate with Donee to close on this transfer by or beforel 0/29/21 , 2021.
{ 00 120269.2} 3
Very truly yours,
LAN[ . VCUSTM ES LLC, an Illinois limited liability company
Byl Andrew Rubin, Manager
Agreed this W*day of 0dober , 2021
VILLAGE OF DEERFIELD, ILLINOIS, an Illinois municipal corporation
By: Kent S. Street, Village
Manager
Attested:Al/* Wig.
100120269.2) 4
EXHIBIT A
Legal Description
DONATED PROPERTY:
THE EAST 651.75 FEET OF THE NORTHWEST 1/ OF THE SOUTHEAST 1/ OF SECTION
28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THE SOUTH 990 FEET THEREOF) IN THE VILLAGE OF DEERFIELD, LAKE
COUNTY, ILLINOIS; ALSO DESCRIBED AS: THAT PART OF THE NORTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH 990 FEET OF SAID
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND EAST OF A LINE DRAWN FROM A POINT
IN THE NORTH LINE OF SAID SOUTHEAST 1/4 668.75 FEET EAST OF THE NORTHWEST
CORNER THEREOF AND A POINT 668.36 FEET EAST OF THE WEST LINE THEREOF
MEASURED ON THE NORTH LINE OF THE SOUTH 990 FEET OF SAID NORTHWEST 1/4
OF THE SOUTHEAST 1/4 (EXCEPTING THEREFROM THAT PART THEREOF TAKEN AND
USED IN PLAT OF SUBDIVISION RECORDED AUGUST 12, 1964 AS DOCUMENT
1235182 AND KNOWN AS LANDIS SUBDIVISION NO. 2), IN LAKE COUNTY, ILLINOIS.
PIN: 16-28-400-002
Commonly known as: 0 Landis Lane, Deerfield, IL
100120269.2 )