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VILLAGE OF DEERFIELD
STATE OF ILLINOIS )
)
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD )
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Image# 062326700012 Type: RES
Recorded: 06/09/2022 at 11:28:07 AM
Receipt#: 2022-00045388
Pape i of 12
Fees: $50.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7910227
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
Resolution R-22-27
Dated this May 26, 2022
A Resolution Approving an Amendment to an Impact
Fee Agreement (924 and 936 Westcliff Lane Resub)
kjw� _L
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
RESOLUTION NO. R-22-27
A RESOLUTION APPROVING AN AMENDMENT TO
AN IMPACT FEE AGREEMENT
(924 and 936 Westcliff Lane Resubdivision)
WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek ("Kuczeks') are the owners
of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff
Property'; and
WHEREAS, prior to March 3, 2022, Theodore D. Kuczek owned the property
commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property') (the
924 Westcliff Property and the 936 Westcliff Property are, collectively, the "Properties');
and
WHEREAS, on March 3, 2022, Theodore D. Kuczek sold the 936 Westcliff Property
to Daniel J. Waltz and Ashley D. Waltz ('Waltzs'� (the Kuczeks and Waltzs are,
collectively, "Owners', who are now the owners of the 936 Westcliff Property; and
WHEREAS, on February 11, 2021, the Village adopted Resolution No. R-21-41,
approving the resubdivision of the Properties into three lots of record ("Resolution')
pursuant to a Plat of Subdivision titled, "Kuczek Subdivision," recorded with the Lake
County Recorder of Deeds as Document No. 7859729 ("Plat'; and
WHEREAS, as a condition of the Resolution, the Kuczeks entered that certain
Impact Fee Agreement dated December 23, 2021 ("Agreement'), which Agreement was
recorded as Document No. 7873060; and
WHEREAS, the Agreement stipulates when the Owners are required to pay impact
fees for the Properties; and
WHEREAS, the Village and the Owners desire to amend the Agreement to release
the 936 Westcliff Property and a portion of the 924 Westcliff Property from the obligations
of the Agreement pursuant to an amendment to the Agreement ("Amendment'); and
WHEREAS, the Village Board has determined that approving the Amendment will
serve and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED 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 Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF AMENDMENT. The Amendment by and
between the Village and Owners is hereby approved in substantially 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.
{00125760.1)
SECTION THREE _: EXECUTION OF AMENDMENT. The Mayor and Village
Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the
Amendment upon receipt by the Village Clerk of at least one original copy of the
Amendment executed by Owners; provided, however, that if the executed copy of the
Amendment is not received by the Village Clerk within 30 days after the effective date of
this Resolution, then this authority to execute and attest will, at the option of the Village
Board, be null and void.
SECTION F6uR.: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the Village Board.
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: April 18, 2022
APPROVED: April 10, 2022
RESOLUTION NO. R-22-27
Daniel C. Shapiro
ATTEST:
Kent S. Str et, Village Cle k
{00125760.11
EXHIBIT A
AMENDMENT
{00125760.11
PREPARED BY AND AFTER
RECORDING RETURN TO:
Elrod Friedman LLP
325 N. LaSalle Street, Suite 405
Chicago, Illinois 60654
Attention: Benjamin Schuster
For Recorder's Use Only
FIRST AMENDMENT TO IMPACT FEE AGREEMENT
(924 and 936 Westcliff Lane)
THIS FIRST AMENDMENT TO IMPACT FEE AGREEMENT ("Amendment") is
entered into as of this 26+" day of , 2022 ("Effective Date") by
and among Theodore D. Kuczek and Cheryl J. K iczek, ("Kuczeks'J; Daniel J. Waltz and
Ashley D. Waltz ("Waltzs'� (the Kuczeks and Waltzs are, collectively, "Owners'; and
the Village of Deerfield, an Illinois municipal corporation ("Village"; and together with the
Owners, the "Parties").
WHEREAS, the Kuczeks are the owners of the property commonly known as 924
Westcliff Lane, Deerfield, Illinois ("924 Westcliff Property', which is legally described
in Exhibit A attached hereto; and
WHEREAS, prior to March 3, 2022, Theodore D. Kuczek owned the property
commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property'
(the 924 Westcliff Property and the 936 Westcliff Property are, collectively, the
"Properties'l, which is legally described in Exhibit B attached hereto and incorporated
herein; and
WHEREAS, on March 3, 2022, Theodore D. Kuczek sold the 936 Westcliff
Property to the Waltzs, who are now the owners of the 936 Westcliff Property; and
WHEREAS, on November 16, 2021, the Village adopted Resolution No. R-21-41,
approving the subdivision of the Property into three lots of record ("Resolution's
pursuant to a Plat of Subdivision titled, "Kuczek Subdivision," recorded with the Lake
County Recorder of Deeds as Document No. 7859729 ("Plat"); and
{00124529.4}
WHEREAS, as a condition of the Resolution, the Kuczeks entered that certain
Impact Fee Agreement dated December 23, 2021 ("Agreement'j, which Agreement was
recorded as Document No. 7873060; and
WHEREAS, the Agreement stipulates when the Owners are required to pay impact
fees for the Properties; and
WHEREAS, the Village and the Owners desire to amend the Agreement to release
the 936 Westcliff Property and a portion of the 924 Westcliff Property from the obligations
of the Agreement; and
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and other good valuable consideration, it is agreed by and between the Village and the
Owners as follows:
1. Recitals. The Recitals set forth above are hereby incorporated by this
reference and shall be deemed terms and provisions hereof with the same force and
effect as if fully set forth in this Section 1.
2. Defined Terms. Capitalized terms which are not otherwise defined herein
shall be deemed to have the same meanings herein as are ascribed to such terms in the
Agreement.
3. Amendment to Section 3 of the Agreement. Section 3 of the Agreement
shall be amended and read as follows:
"3. As a result of the foregoing, Owner agrees to pay for Lot 2
identified on the Plat: (a) an impact fee of $3,823.75 as a
contribution in lieu of dedication of a school site for the benefit of
the Deerfield School District No.109; and (b) an impact fee of
$2,651.25 as a contribution in lieu of dedication of a school site
for the benefit of the Deerfield Township High School District No.
113."
4. Amendment to Section 4 of the Agreement. Section 4 of the Agreement
shall be amended and read as follows:
"4. Owner further agrees to pay for Lot 2 identified on the Plat an
impact fee of $9,531.38 as a contribution in lieu of dedication of
land for park and recreational for the benefit of the Deerfield Park
District."
5. Amendment to Section 5 of the Agreement. Section 5 of the Agreement
shall be amended and read as follows:
"5. Owner further agrees to pay for Lot 2 identified on the Plat an
impact fee of $2,598.89 to the Village as a contribution in lieu of
dedication of land for Village and library site use."
{00124529.4} 2
6. Amendment to Section 6 of the Agreement. Section 6 of the Agreement
shall be amended and read as follows:
"6. Owner further agrees to pay an impact fee for Lot 2 of $19.07 as
a contribution in lieu of dedication of land for fire protection
facilities to the Deerfield -Bannockburn Fire Protection District."
7. Amendment to Section 7 of the Agreement. Section 7 of the Agreement
shall be amended and read as follows:
7. The fees set forth in Paragraphs 3-6 above shall be payable upon
the Village's issuance to Owner of the building permit for
construction of any single-family residence on Lot 2."
8. Release from Obligations. The Owners are hereby released from any
obligations set forth in the Agreement related to Lot 1 and Lot 3 identified on the Plat
recorded with the Lake County Recorder of Deeds on January 7, 2022 as Document No.
7859729.
9. Effect of Amendment. This Amendment modifies and amends the
Agreement and the terms and provisions hereof shall supersede and control over any
contrary or conflicting terms and provisions set forth in the Agreement. The Agreement,
as amended by this Amendment, is hereby ratified and remains in full force and effect.
10. Counterparts. This Amendment may be executed in counterparts, each of
which will constitute an original document and together will constitute the same
instrument.
11. Severability. If any term, covenant, condition, or provision of this
Amendment is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the Village will have the right, in its sole and absolute discretion, to
determine if (i) the remainder of the provisions of this Amendment will remain in full force
and effect and will in no way be affected, impaired, or invalidated, or (ii) the entire
Amendment shall be invalid, void, and unenforceable.
12. Recording. The Village will record this Amendment against the Properties
with the Lake County Recorder of Deeds following the full execution of this Agreement by
the Parties.
[SIGNATURE PAGE FOLLOWS]
{00124529.41 3
ATTEST'
By: 1. Y� G nd
SUBSCRIBED and SWORN to
before me this _,_�'' day of
�`l F 2022.
Notary Public
ATTEST:
THEODORE D UCZEK
By: f
OFFICIAL SEAL
R06ERT BRANDT
NOTARY PUBLIC, STATE OF ILLINOIS
MY Commission Expires 03-04-2023
By:
CHERYL J. KUCZEK
By: cjj
SUBSCRIBED and SWORN to
before me this 2 Sn day of
t 2022.FOTARY
ICIAL SEAL
RT BRANDT
C, STATE OF ILLINOIS
Expires 03.04-2023
Notary Public
{00124529.4) 4
ATTEST:
SUBSCRIBED and SWORN to
before me this _3R� day of
2022,
Oftial seal
Laura Jane Olson
NoohNqry Public Stab of ftais
Iwtgtary faU�il ..—y-C&i'rn` U6n Expires 10/0112023
ATTEST-
SUBSCRIBED and SWORN to
before me this 3 ? day of
OMlaal Seel
Laura Jane Olson
_ Notary Public state of lMnoN
Notary Public MY Cow won Expires 10/b1/=
ASHLEY C. WALTZ
: I �Jjf 'U40.
{OOI 24a29.4�
ATTEST:
M.e.1z
Ilage Clerk
SUBSCRIBED and SWORN to
before me this 2,7*1 day of
M" , 2022.
L
L.
& L'
Notary Public
OFFICIAL SEAL
DANIEL VAN DUSEN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMNMSSION EXPIRES:11102/2025
DANIEL C. SHAPIRO
By: f
Its: Village President
{00124529.41 6
EXHIBIT A
LEGAL DESCRIPTION OF 924 WESTCLIFF PROPERTY
Lots 2 and 3 in Kuczek subdivision, being a resubdivision of Lots 1 and 2 in Block 26 in H. M.
Cornell Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24,
Both Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's
Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third
Principal Meridian, according to the Plat of said resubdivision recorded January 7, 2022 as
Document No. 7859729 in Lake County, Illinois
PIN: 16-28-412-002
Commonly known as: 924 Westcliff Lane, Deerfield, Illinois 60015
{00124529.4} 7
EXHIBIT B
LEGAL DESCRIPTION OF 936 WESTCLIFF PROPERTY
Lot 1 in Kuczek subdivision, being a resubdivision of Lots 1 and 2 in Block 26 in H. M. Cornell
Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both
Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition
to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal
Meridian, according to the Plat of said resubdivision recorded January 7, 2022 as Document No.
7859729 in Lake County, Illinois
PIN: 16-28-412-001
Commonly known as: 936 Westcliff Lane, Deerfield, Illinois 60015
{00124529.4} 8