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R-79-14:1 11� 1 _•_. �• RESOLUTION NO. R -79 -14 RESOLUTION APPROVING AMENDMENT TO ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18, 1977 WHEREAS, FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18, 1977 is the owner of record of a certain real estate, the legal description of which is set forth in the attached Amendment to Annexation Agreement; and WHEREAS, the Village of Deerfield and said owner had previously entered into an Annexation Agreement dated as of September 3, 1974 covering the same real estate; and WHEREAS, pursuant to the provisions of Section 11- 15 -1.1, et seq., of the Illinois Municipal Code; said owner submitted to the corporate authorities of the Village of Deerfield a proposed Amendment to Annexation Agreement with respect to their real estate, a copy of which Agreement is attached hereto and made a part hereof; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan Commission of the Village with respect to the request of said owner to approve an amendment to Ordinance No. 74 -59 granting a Special Use Commercial Planned Unit Development so as to permit the develop- ment of real estate in the manner proposed in the attached Amendment to Annex- ation Agreement, and written findings of fact and recommendations with respect thereto were made by said Plan Commission and submitted to the corporate authorities; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the corporate authorities of the Village with respect to the terms and conditions of said Amendment to Annexation Agreement; and WHEREAS, the corporate authorities, after due and careful consideration, have concluded that the development of the subject property pursuant to the terms and conditions set forth in said attached Amendment to Annexation Agreement would further the growth of the Village, enable the Village to control the development of said property and subserve the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the amendment to Annexation Agreement between the Village ONE: of Deerfield and First National Bank of Lake Forest as Trustee under Trust No. 5318 dated May 18, 1977, a copy of which is attached hereto and made a part hereof, be and the same is hereby approved. v . I - SECTION That the President and Village Clerk of the Village of Deerfield TWO: are hereby authorized and directed to execute said Agreement. AYES: Gavin,.Heis1er,.Seidman, Swanson, York (5) NAYS: None (0) ABSENT: Marty (1) PASSED this 15th day of October A.D., 1979. APPROVED this 15th day of October A.D., 1979. LLAGE PRESIDENT ATTEST: DEPUTY VILLAGE CLERK 2219A AMENDMENT TO ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this /4/ day of A.D., 1979, by and between the VILLAGE OF DEERFIELD, ILLINOIS (some- times for convenience hereinafter referred to as "Village ") , by and through the President and Board of Trustees of the Village of Deer- field (sometimes for convenience hereinafter collectively referred to as the "Corporate Authorities ") , and FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18, 1977, (sometimes for convenience hereinafter referred to as the "Owner "): W I T N E S S E T H: WHEREAS, the Owner is the owner of record of the real estate described on Exhibit A, which is attached-hereto and made a part hereof .(which real - estate, for convenience, may hereinafter be referred to in its entirety as the "Subject Property ") ; and WHEREAS, the Owner has previously entered into an Annexation Agreement with the Village of Deerfield dated as of September 3, 1974 and as subsequently amended, and the Village of Deerfield has - annexed the Subject Property by duly enacted ordinance and has granted the Special Use' Commercial Planned Unit Development by duly enacted ordinance as called for in said Annexation Agreement; and WHEREAS, the Annexation Agreement, as amended, had attached thereto as Exhibit A a Site Plan of the development of property; and WHEREAS, Sections 51 and 5J, respectively, of the Annexation Agreement establish location limitations and height limitations on signs within the development; and WHEREAS, the Owner desires and proposes to amend development plans for the Subject Property to erect a sign advertising the Brunswick Recreation Center, said sign to be located within one foot of the property line and having a maximum height nine feet above the south curb of Lake Cook Road and to reconstruct the sign advertising the Cork n' Cleaver Restaurant to a maximum height of ten feet above the south curb of Lake Cook Road in accordance with and pursuant to a sketch prepared by Bonesz, Maas, Buccola, Architects of Northbrook, Illinois, a copy of which was presented to the Corporate Authorities; and WHEREAS, the Corporate Authorities, after due and careful consi- deration, have concluded that the proposed revision of the Annexation Agreement on the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area and subserve the best interests of the Village; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan Commission of the Village and recommendations made by said Commission regarding the requested approval and granting of a revised Special Use Commercial Planned Unit Development were submitted to the Corporate Authorities; and WHEREAS, pursuant to the provisions of Section 11- 15.1 -1, et se q. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1977) , a proposed Amendment to Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pu_rsuant.to notice as provided by statute. - 2 - NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11- 15.1 -1, et seq. of the Illinois Munici- pal Code (Chapter 24, Illinois Revised Statutes, 1977, as amended). 2. Following approval.of a Resolution authorizing the execu- tion of the Amendment to Annexation Agreement, the Corporate Author- ities shall adopt an ordinance authorizing and granting a revised Special Use Commercial Planned Unit Development with respect to the Subject Property, which ordinance shall be in substance and in form the same as that attached hereto as Exhibit B and made a part hereof, and approving the revision to Sections 5I and 5J of the Annexation Agreement, as amended to permit the erection of a sign advertising the Brunswick Recreation Center, said sign to be located within one foot of the property line and having a maximum height nine feet above the south curb of Lake Cook Road and the reconstruction of the sign advertising the Cork n' Cleaver Restaurant to a maximum height of ten feet above the south curb of Lake Cook Road. 3.' Except to the extent specifically amended hereby, all terms and provisions of the Annexation Agreement, as amended, between the Owner and the Village of Deerfield dated as of September 3,1974, shall remain in full force and effect. 4. This Amendment to Annexation Agreement shall be binding upon the parties hereto, their respective successors and assigns for the full term of the Annexation Agreement, as amended, dated as of September 3, 1974, and for such further term as may hereafter be authorized by law. - 3' - IN WITNESS WHEREOF, the Corporate Authorities and the Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and Year first -above written. ATTEST: OWNER: FIRST NATIONAL BANK OF.LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18 1977 and not personally or individually •y,. VILLAGE OF'DEERFIELD Y SUBJECT TO EXONERATION CLAUSE ATTAP -M - 4 - General Exculpatory Clause - Miscellaneous Instruments It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be warranties, indemnities, representations, covenants, undertakings and agree- ments of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise, of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforcible against the First National Bank of Lake Forest or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee, whether or not in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. Attest: The First National Bank of Lake Forest, as Trustee under Agreement dated May 18, 1977 , and known as Trust No. 5318 , and not personally or individually. Trust Officer Vice President EXHIBIT "A" Lot 1 (except that part taken for lake -Cook Reed as per Dec. No. IG627383): all lots 2, 3. 4. 5. 6, 7. and 8 and that part of Lot 9 bounded and described as follows: Com- mencing at the southwest corner of said lot 9: Iheace North 89 degrees. 56 minutes. 31 seconds East along the South line of said Lot 9. a distance of 66.25 leel to the point of beginning for said parcel; thence North 89 degrees. 56 minutes. 31 seconds East along the South line of said Lot 9, a dis- tance of 309.82 feet to the Southeast cor- net of said Lot 9: thence North 25 degrees, 15 minutes. 54 seconds Kest along the East line of said lot 9. a distance of 158.00 feet; thence South S9 degrees, 56 minutes, 31 seconds West a distance of 133.10 feet; . theme south 37 degrees. 23 minutes. 50 seconds West. a dr5'3nce of 180.15 feet to the p^rnt of beginning• all being in Downey's Cock Caunry Country Nome Addition to Deer- field. a subdivision of par of the North half o! Section 4, Township 47 Notlh, Range 12, Eail, to the thud Prrrrcrp) Meridian. accord- ing to the plat thrreof recorded July 27, 1914, as-ducunrent 5464976: also all of that par! of Florence Avenue, as lard out in.- Said subdivision atoresatd• which lies South of and adjoining that part taken for Lake - Cook Road as per document 10627383, in Cook Ccunty, Ill;nors. 2219A AMENDMENT TO ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this Al day of S� A.D., 1979, by and between the VILLAGE OF DEERFIELD, ILLINOIS (some- times for convenience hereinafter referred to as "Village ") , by and through the President and Board of Trustees of the Village of Deer- field (sometimes for convenience hereinafter collectively referred to as the "Corporate Authorities "), and FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18, 1977, (sometimes for convenience hereinafter referred to as the "Owner ") : W I T N E S S E T H: WHEREAS, the Owner is the owner of record of the real estate described on Exhibit A, which is attached hereto and'made a part hereof (which real estate, for convenience, may hereinafter be referred to in its entirety as the "Subject Property ") ; and WHEREAS, the Owner has previously entered into an Annexation Agreement with the Village of Deerfield dated as of September 3, 1974 and as subsequently amended, and the Village of Deerfield has annexed the Subject Property by duly enacted ordinance and has granted the Special Use Commercial Planned Unit Development by duly enacted ordinance as called for in said Annexation Agreement; and WHEREAS, the Annexation Agreement, as amended, had attached thereto as Exhibit A a Site Plan of the development of property; and WHEREAS, Sections 5I and 5J, respectively, of the Annexation Agreement establish location limitations and height limitations on signs within the development; and WHEREAS, the Owner desires and proposes to amend development plans for the Subject Property to erect a sign advertising the Brunswick Recreation Center, said sign to be located within one foot of the property line and having a maximum height nine feet above the south curb of Lake Cook Road and to reconstruct the sign advertising the Cork n' Cleaver Restaurant to a maximum height of ten feet above the south curb of Lake Cook Road in accordance with and pursuant to a sketch prepared by Bonesz, Maas, Buccola, Architects of Northbrook, Illinois, a copy of which was presented to the Corporate Authorities; and WHEREAS, the Corporate Authorities, after due and careful consi- deration, have concluded that the proposed revision of the Annexation Agreement on the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area and subserve the best interests of the Village; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan Commission of the Village and recommendations made by said Commission regarding the requested approval and granting of a revised Special Use Commercial Planned Unit Development were submitted to the Corporate Authorities; and WHEREAS, pursuant to the provisions of Section 11- 15.1 -1, et se q. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1977), a proposed Amendment to Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute. - 2 - NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, IT IS HEREBY AGREED AS FOLLOWS: 1. This Agreement is made pursuant to and.in accordance with the provisions of Section 11- 15.1 -1, et seq. of the Illinois Munici- pal Code (Chapter 24, Illinois Revised Statutes, 1977, as amended) . 2. Following approval of a Resolution authorizing the execu- tion of the Amendment to Annexation Agreement, the Corporate Author- ities shall adopt an ordinance authorizing and granting a revised Special Use Commercial Planned Unit Development with respect to the Subject Property, which ordinance shall be in substance and in form the same as that attached hereto as Exhibit B and made apart hereof, and approving the revision to Sections 5I and 5J of the Annexation Agreement, as amended to permit the erection of a sign advertising the Brunswick Recreation Center, said sign to be located within one foot of the property line and having a maximum height nine feet above the south curb of Lake Cook Road and the reconstruction of the sign advertising the Cork n' Cleaver Restaurant to a maximum height of ten feet above the south curb of Lake Cook Road. 3. Except to the extent specifically amended hereby, all terms and provisions of the Annexation Agreement, as amended, between the Owner and the Village of Deerfield dated as of September 3, 1974, shall remain in full force-and effect. 4. This Amendment to Annexation Agreement shall be binding upon the parties hereto, their respective successors and assigns for the full term of the Annexation Agreement, as amended, dated as of September 3, 1974, and for such further term as may hereafter be authorized by law. 3 - IN WITNESS WHEREOF, the Corporate Authorities and the Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. VILLAGE OF DEERFIELD B Y L���k"00.o / v ATTEST: OWNER: FIRST NATIONAL BANK OF LAKE FOREST AS TRUSTEE UNDER TRUST NO. 5318 DATED MAY 18 1977 and not personally or individually SUBJECT TO EXONERATION CLAUSE ATTACHED - 4 - General Exculpatory Clause - Miscellaneous Instruments It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be warranties, indemnities, representations, covenants, undertakings and agree- ments of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforcible against the First National Bank of Lake Forest or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee, whether or not in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. Attest: The First National Bank of Lake Forest, as Trustee under Agreement dated May 18, 1977 , and known as Trust No. 5318 , and not personally or individually. YW Trust Officer Vice President r - EXHIBIT "A" Lot 1 (except lh31 part la),en for Like-Cook R92d as per Dec. No. IG627383): all lots 2, 3. 4, 5. 6. 7, and 8 and that part of Lot 9 bounced and described as follows: Com- mencing at the south vest corner of.said Lot 9: thence North 89 degrees. 56 minutes, 31 seconds East along the South line of said Lot 9. a distance of 66.2 9 feet to the point of beginning for said parcel; thence North 89 degrees. 56 minutes. 31 seconds East along the South true of said Lot 9, a dis• tance of 309.82 feet to the Southeast cor- ner of said tot 9: thence North 25 degrees, 15 minutes. 54 seconds Nest along the East line of sai� Lo! 9. a distance of 158.00 feet; theme South 89 degrees. 56 minutes, 31 seconds Rest a distance of 133.10 feet theme south 37 degrees. 23 minutes. 50 seconds Rest, a drs!3nce of 180.15 feet to tte pent of beg;mmng, all being in Downey 's Cock County Coun!ry Home Addition to Deer- field. a subdivision of par of the North halt o! Secbos 4. Township 47 North, Range 12, 1 Eas! to tt:e thud Pnncrp) Meridian, accord- ing to the plat thereat recorded My 21, 1914, 3s ducunrent 5464976; also all of that par! of Florence Avenue, as lard out in said subdivision aforesaid, which lies South of and adjoining that part taken for Lake- Cook Road as per document 10627383, in Cook Ccunti. Ill;nors.