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O-19-21IlI�IIIItl71Recorded: 01/07/2022 at 12:29:52 PM BII1NIY111011111111111 Page 1 of 10 Fees: $50.00 VILLAGE OF DEERFIELD Lake County IL Recorder Mary Ellen Vanderventer Recorder File7859793 STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) 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 Ordinance 0-19-21 Dated this November 11.2021 Granting a Special Use Permit for the Establishment of a Real Estate Office (675 Deerfield Road) DANIEL VAN DUSEN Deputy Village Clerk Prepared by and after recording return to: Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD ORDINANCE NO. 2019- 0-19-21 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE ESTABLISHMENT OF A REAL ESTATE OFFICE (675 Deerfield Road) WHEREAS, Coldwell Banker Residential Real Estate, LLC, an Illinois limited liability company, ("Applicant'), is the lessee of that certain property located at 675 Deerfield Road, Suite 125, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of the this Ordinance ("Property'); and WHEREAS, Village Center, LLC, an Illinois limited liability company ("Owner'), is the owner of the Property; and WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District'); and WHEREAS, on August 16, 1999, the Village Board adopted Ordinance No. 0-99-34 approving final development plan ("Final Development Plan' for the development and maintenance of a Commercial Planned Unit Development for the Property, which Final Development Plan has been amended from time to time ("Approved Planned Development'); and WHEREAS, the Applicant desires to develop and operate a real estate office ("Proposed Real Estate Office'l on the Property; and WHEREAS, pursuant to Section 5.01-C of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance'), real estate office may be operated in the C-1 District only upon the issuance of a special use permit; and WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant, with the consent of the Owner, has filed an application with the Village for a special use permit ("Special Use Permit') to operate the Proposed Real Estate Office on the Property ("Application'); and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on May 2, 2019 and held on May 23, 2019; and WHEREAS, on May 23, 2019, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Application; and WHEREAS, the Village Board has determined that the Special Use Permit complies with the required standards for special use permits as set forth in Article 13 of the Zoning Ordinance; and WHEREAS, consistent with the Plan Commission recommendation, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve the Special Use Permit, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. SECTION TWO: APPROVAL OF SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board hereby approves the Special Use Permit for the Property to allow for the Proposed Real Estate Office, in accordance with, and pursuant to, Article 13 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Ordinance, or any other rights the Owner or the Applicant may have, the approvals granted in Section Two of this Ordinance are hereby expressly subject to and contingent upon the redevelopment, use, operation, and maintenance of the Property in compliance with the Approved Planned Development and all applicable Village codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. SECTION FOUR: RECORDATION: BINDING EFFECT. A. copy of this Ordinance shall be recorded in the Office of the Lake County Recorder of Deeds against the Property. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and are binding upon the Owner, the Applicant, and each of their heirs, representatives, successors, and assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Owner or the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Section Two of this Ordinance ("Approval' may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Board may not so revoke the Approval unless it first provides the Owner and the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Board. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. Notwithstanding the foregoing or anything else contained in this Ordinance, neither the Owner nor the Applicant's failure to comply with this Ordinance, nor anything else contained herein, shall effect or restrict the Owner or the Applicant's rights to use the Property as otherwise permitted by the Zoning Ordinance. SECTION SIX: AMENDMENTS. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and 2 limitations, provided in the Zoning Ordinance for the granting of special use permits and planned unit development approvals. SECTION SEVEN; EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the Village Board by a majority vote in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Owner and the Applicant with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit B attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and 4. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the 'Lake_ County Recorder of Deeds. B. In the event the Owner or the Applicant does not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 7.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance, the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] AYES: Benton, Jester, Oppenheim, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: Seiden PASSED: August 5, 2019 APPROVED: August b, 2019 ORDINANCE NO. 0-19-21 JL-, (A-L ATTEST/, - �_ I Kent S. Street, Village Clerk 4 Harriet Rosenthal, Mayor EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PART OF LOTS 4 AND 5 IN OWNER'S FIRST ADDITION TO DEERFIELD, BEING A SUBDIVISION OF PART OF THE NORTH %2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 25, 1915, AS DOCUMENT NUMBER 161061, IN BOOK "J" OF PLATS, PAGES 46 AND 47, TOGETHER WITH LOTS 1 AND 2 IN MEIER'S RESUBDIVISION, BEING A RESUBDIVISION OF LOT 1 IN WILLIAM W. CLARK'S SUBDIVISION IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE NORTHWEST'/ OF SECTION 33, TOWNSHIP AND RANGE AFORESAD, ACCORDING TO THE PLAT OF SAID MEIER'S RESUBDIVISION RECORDED JULY 25, 1962, AS DOCUMENT NUMBER 1156629, IN BOOK 38 OF PLATS, PAGE 50, TOGETHER WITH LOTS 2, 3, 4 AND 5 (EXCEPT THE NORTH 4.00 FEET OF SAID LOT 5) AND VACATED ALLEYS IN WILLIAM W. CLARK'S SUBDIVISION IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 8, 1905 AS DOCUMENT NUMBER 101434, IN BOOK "G" OF PLATS, PAGE 26, TOGETHER WITH LOT 1 IN LYNN' S WHITTIER AVENUE SUBDIVISION, BEING A SUBDIVISION IN THE NORTHWEST'/o OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 1953 AS DOCUMENT NUMBER 799408, IN BOOK 1193 OF RECORDS, PAGE 413, AND CERTIFICATE OF CORRECTION RECORDED MAY 15,1956, AS DOCUMENT NUMBER 908234, IN BOOK 1444 OF RECORDS, PAGE 73, ALL TAKEN AS A TRACT DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN OWNER'S FIRST ADDITION TO DEERFIELD AFORESAID, SAID NORTHWEST CORNER BEING ALSO THE POINT IN INTERSECTION OF THE SOUTH LINE OF DEERFIELD ROAD WITH THE NORTHEASTERLY LINE OF WAUKEGAN ROAD (LINCOLN AVENUE) AS SHOWN ON SAID SUBDIVISION; THENCE SOUTH 89 DEGREES 51 HOURS AND 11 MINUTES EAST ALONG SAID SOUTH LINE OF DEERFIELD ROAD 293.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 08 MINUTES AND 49 SECONDS WEST 92.37 FEET; THENCE SOUTH 89 DEGREES 51 MINUTES AND 11 SECONDS EAST 112.18 FEET; THENCE SOUTH 03 DEGREES 00 MINUTES AND 24 SECONDS EAST 90.07 FEET TOT THE NORTHWEST CORNER OF LOT 1 IN LYNN'S WHITTIER AVENUE SUBDIVISION AFORESAID; THENCE SOUTH 03 DEGREES 00 MINUTES 24 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 100.67 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 8 DEGREES 52 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT I A DISTANCE OF 205.23 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 07 DEGREES 47 MINUTES 06 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 51.80 FEET TO THE NORTHEAST CORNER THEREOF BEING ALSO A POINT ON THE SOUTH LINE OF LOT 4 IN WILLIAM W. CLARK'S SUBDIVISION AFORESAID; THENCE SOUTH 89 DEGREES 56 MINUTES 32 SECONDS EAST ALONG THE SOUTH LINE OF LOTS 4 AND 5 IN WILLIAM W. CLARK'S SUBDIVISION AFORESAID 82.91 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 00 DEGREES 16 MINUTES 04 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 194.30 FEET TO THE SOUTH LINE OF THAT PART OF LOT 5 CONVEYED TO THE VILLAGE OF DEERFIELD BY A WARRANTY DEED RECORDED APRIL 20, 2015 AS DOCUMENT NUMBER 7187519; THENCE NORTH 89 DEGREES 51 MINUTES 11 SECONDS WEST ALONG THE LAST MENTIONED SOUTH LINE 50.00 FEET TO THE WEST LINE OF SAID LOT 5; THENCE NORTH 00 DEGREES 16 MINUTES 04 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 5 A DISTANCE OF 4.00 FEET TO THE NORTHWEST CORNER THEREOF, BEING ALSO A POINT ON THE AFORESAID SOUTH LINE OF DEERFIELD ROAD; THENCE NORTH 89 DEGREES 51 MINUTES 11 SECONDS WEST ALONG THE SOUTH LINE OF DEERFIELD ROAD 351.40 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 12: PERPETUAL NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS, AND ACCESS; PERPETUAL NON-EXCLUSIVE EASEMENT TO CONSTRUCT, USE, MAINTAIN, REPAIR AND REPLACE UTILITY FACILITIES, AND A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR VEHICULAR PARKING, AND ANY AND ALL OTHER EASEMENTS BENEFITTING THE PROPERTY, AS DISCLOSED BY RECIPROCAL EASEMENT AND COVENANT AGREEMENT DATED SEPTEMBER 24, 1999 AND RECORDED OCTOBER 1, 1999, AS DOCUMENT NUMBER 4429205 BETWEEN DEERFIELD VILLAGE CENTER, LLC, AND ILLINOIS LIMITED LIABILITY COMPANY AND FIRST MIDWEST BANK, N.A. PARCEL 13: PERPETUAL, NON-EXCLUSIVE EASEMENTS FOR PARKING, CONSTRUCTION OF A FENCE, LANDSCAPING; CONSTRUCTION AND USE OF AN ENCLOSURE FOR TRASH COLLECTION EQUIPMENT AND RECEPTACLES AND ANY AND ALL OTHER EASEMENTS BENEFITTING THE PROPERTY, AS DISCLOSED BY RECIPROCAL EASEMENT AGREEMENT RECORDED OCTOBER 1, 1999 AS DOCUMENT NUMBER 4429207 BETWEEN DEERFIELD VILLAGE CENTER LLC, AND RICHARD B. BALMES AND LORRAINE H. BALMES. PARCEL 14: EASEMENT FOR THE BENEFIT OF LOT 4 IN PARCEL 6 AND LOT 5 IN PARCEL 10 FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, AND PARKING, AS CREATED EASEMENT AGREEMENT DATED MARCH 11, 2004 AND RECORDED APRIL 5, 2004 AS DOCUMENT NUMBER 5529281, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED LAND: THE WEST 12 FEET OF THE SOUTH 57 FEET OF THE NORTH 112.85 FEET OF LOT 6 IN WILLIAM W. CLARK'S SUBDIVISION IN THE NORTHWEST'/ OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS. PARCEL 15: A PERPETUAL NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL A AS CREATED BY THE EASEMENT MAINTENANCE AND COST SHARING AGREEMENT DATED JUNE 22, 2016 AND RECORDED JUNE 29, 2016 AS DOCUMENT 7305140 BY AND AMONG DEERFIELD VC, LLC, DEERFIELD VC -I, LLC AND DEERFIELD VC -II, FOR THE PURPOSES OF ACCESS AND INGRESS AND BOTH VEHICULAR AND PEDESTRIAN TRAFFIC, INGRESS AND EGRESS FOR MAINTENANCE, AND PARKING. P .I.N.: 16-3 3-102-126-0000 Property Address: 625-675 Deerfield Road, Deerfield, Illinois EXHIBIT B UNCONDITIONAL.AGILEEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Coldwell Banker Residential Real Estate, LLC, an Illinois limited liability company, ("Applicant's, is the lessee of that certain property located at 675 Deerfield Road, Suite 125, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of the this Ordinance ("Pr^operty'�; and WHEREAS, Village Center, LLC, an Illinois limited liability company ("Owner"), is the owner of the Property; and WHEREAS, the Property is located in the C-1 Village Center District ("C-1 Distrlct'�; and WHEREAS, the Applicant desires to develop and operate a real estate office ("Proposed Real Estate Office") on the Property; and WHEREAS, pursuant to Section 13.11 of the Zoning Ordinance, the Applicant, with the consent of the Owner, has filed an application with the Village for a special use permit to operate the Proposed Real Estate Office on the Property (the "Requested Rel.i.ef �; and ](L WHEREAS, Ordinance No,( —a _ , adopted by the Village Board on �, 2019 ("Or•di,nance' }, approved the Requested Relief; and WHEREAS, Section 7.A3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and Owner have filed, within 30 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as follows: 1.. the Owner and the Applicant hereby unconditionally agree to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2, The Owner and the Applicant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3, The Owner and the Applicant acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting the Requested Relief or adoption of the Ordinance, and that the Village's approval of the Requested Relief does not, and will not, in any way, be deemed to insure the Owner or the Applicant against damage or injury of any kind and at any time. 4. The Owner and the Applicant hereby agree to hold. harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the Requested Relief for the Property Dated: _ 2019. ATTEST: t Its:i.- ATTEST: By: ��•,_ COLDWELL BANKER RESIDENTIAL REAL ESTATE, LLC By: Its: , +, VILLAGE CENTER, LLC By: M. Niazmand Its:Memmber _ Its: