O-96-07ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
Published in pamphlet form this
20th day of February , 1996
by the President and Board of
Trustees of Deerfield
.::5 \7_2,4._ -%24/5=
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the application of JFMC
FACILITIES CORPORATION, an Illinois not - for - profit corporation
herein referred to as ( "Applicant ") to authorize the development
and use of certain real estate described on Exhibit A (the
"Subject Property ") hereto for an Amended Special use - Planned
Unit Development, as a residential assisted living facility for
the elderly under and pursuant to the provisions of Articles
6.01 -C,15, 12.01, 12.08 and 13.11 of the Zoning Ordinance of the
Village of Deerfield; and
WHEREAS, the corporate authorities of the Village of
Deerfield have previously adopted Ordnance No. 84 -57 authorizing
a Special Use for the Subject Property and other property
adjoining the Subject Property; and
WHEREAS, said hearing for the proposed Amendment to Special
Use was held pursuant to duly published notice thereof and was,
in all respects, held according to law; and
WHEREAS, following consideration of the recommendations of
the Plan Commission by the President and Board of Trustees, the
President and Board of Trustees have considered and reviewed the
Final Site Plan prepared by Shayman, Salk, Arenson, Sussholz &
Company dated September 1, 1995, the Final Landscape Plan
prepared by Teska Associates, Inc., dated September 1, 1995 and
the Architecture and Engineering Plans prepared by Shayman, Salk,
Arenson, Sussholz & Company dated September 1, 1995 (collectively
hereinafter referred to as the "Final Development Plan "),
submitted by Applicant and reflecting all revisions from the
previously approved Special Use; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the authorization and granting of said
Amendment to Special Use - Industrial Planned Unit Development as
a residential assisted living facility for the elderly in
accordance with all components of the Final Development Plan for
the Subject Property marked Exhibit B and attached hereto and
made a part hereof.
JKS \71248.1 2/6/96
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby
ONE: affirmatively find that the Amendment to Special
Use, as hereby authorized, fully complies with the
requirements and standards set forth in Articles 12.08 and 13.11 -
D of the Village Zoning Ordnance, and the Amended Special Use of
the Subject Property, as and for purposes of a residential
assisted living facility for the elderly as set forth on all
components of Exhibit B, be and the same is, hereby authorized
and approved subject to the conditions hereinafter set forth.
SECTION That the approval and authorization of said
TWO: Amendment to Special Use of the Subject Property
as hereby granted is subject to the following
conditions:
That all use, construction and development shall
be in accordance with all components of the Final Development
Plan as described in detail in the foregoing recitals, a copy of
each of which is included and marked as part of Exhibit B and
attached hereto and made a part hereof, all other documentary and
exhibit filings made pursuant to Planned Unit Development
Procedures as set for in Article 12.09 of the Village Zoning
Ordinance including the Development Agreement between the Village
and JFMC Facilities Corporation, the Impact Fee Agreement between
Village and Applicant, the terms of this Ordinance, and all
representations made by the Applicant to the Plan Commission and
President and Board of Trustees.
SECTION That any violation of any of the conditions
THREE: hereinabove set forth by the Applicant or its
successors, grantees, transferees or assigns shall
authorize the revocation of the Amendment to Special Use hereby
authorized.
SECTION That except as specifically modified by the
FOUR: Amendment to Special Use (including the Final
Development Plan attached as Exhibit B),
JKS \71248.1 1/29/96
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
the provisions of Ordinance No. 84 -57 shall remain in full force
and effect.
SECTION That the Village Clerk is hereby directed to
FIVE: publish this Ordinance in pamphlet form and to
record said Ordinance and that portion of Exhibit
B known as the "Final Site Plan" in the office of the Recorder of
Deeds of Cook County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and
SIX: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swartz (4)
NAYS: None (0)
ABSENT: Swanson (1)
RECUSED: Heuberger (1)
PASSED this 20th day of February A.D., 1996.
APPROVED this 20th day of February A.D., 1996.
ILLAGE PRESIDENT
ATTEST:
lop -Q 4wjrja�A
W, T26; RNA W,
VfL-MGE CLERK
JKS \71248.1 1/29/96
AGREEMENT
THIS AGREEMENT entered into this �QTM day of FejMj44&V ,
1996, between the VILLAGE OF DEERFIELD, an Illinois municipal
corporation ( "Deerfield ") and JFMC Facilities Corporation
( "JFMC").
W I T N E S S E T H:
WHEREAS, pursuant to relevant provi' s.' oiis of Ll".ce i` _ ..age
Zoning Ordinance JFMC has made application to Deerfield for
certain approvals, including: (i) authorization of an Amended
Special Use permit for a 10 acre portion of the property known as
the Arbor Lake Center located south of Lake -Cook Road in the
Village of Deerfield for a residential assisted living facility;
and (ii) adoption of certain text amendments to the Office,
Research and Restricted Industrial District portion of the
Village Zoning Ordinance to facilitate said development; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-
93 -48 (the "Ordinance ") pursuant to its Home Rule Powers
recognizing the burden placed on various governmental units
resulting from additional residential development within
Deerfield; and
WHEREAS, the Ordinance establishes certain standards for
dedication of land or payment of fees in lieu thereof in
recognition of the increased burden upon the various governmental
units in Deerfield resulting from additional residential
development; and
JKS \34840.2 2/10/95
WHEREAS, the Ordinance also provides a standard of value of
property allocated for residential use within Deerfield as a
basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Eighteen of the Ordinance grants authority
to the Corporate Authorities of Deerfield to determine whether or
not a particular residential development will have an impact or
create an impact upon other governmental units within Deerfield
or whether said development will have a lesser or differing
impact than provided for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good valuable consideration, it is
agreed by and between Deerfield and JFMC as follows:
1. The preambles to this Agreement are a material part
hereof, and are incorporated herein as part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific
residential development proposal presented by JFMC; (ii) a review
of evidence adduced by JFMC as to the fair market value of the
Subject Property, and (iii) a review of evidence adduced by JFMC
as to its efforts to satisfy Ordinance requirements for the
provision of open space or other recreational areas or facilities
by providing such area within the development.
3. As a result of the foregoing, JFMC agrees to pay an
impact fee of Two Hundred and Thirty -Five Thousand Dollars
($235,000), during the course of construction as follows. Upon
issuance of an occupancy permit for the first apartment unit in
JKS \34840.2 2/10/95 - 2 -
0'1 Phase 1 which includes a total of 160 apartment units, JFMC will
pay the sum of $125,000. Upon issuance of an occupancy permit for
the first apartment unit in Phase 2 which includes 138 apartment
units, JFMC will pay the remaining balance of $110,000.
4. JFMC agrees that all payments hereunder shall be
payable to Deerfield and shall be deposited with the Village
Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the
Ordinance.
5. Deerfield acknowledges and agrees that compliance by
JFMC with the terms of this Agreement constitutes full compliance
with the Ordinance, and Deerfield agrees that Developer shall not
be required to make any further or other payments of cash which
are not set forth in this Agreement to satisfy the Ordinance.
6. JFMC waives and releases any and all claims to contest
the provisions of the Ordinance or the
Further, Developer waives and releases
contest the time, manner and purpose o
fees paid hereunder, and specifically
Section Eight of the Ordinance for any
expended within ten (10) years.
payments set forth herein.
any and all rights to
E the expenditure of any
waives any right under
refund of fees not
7. JFMC and Deerfield agree that the execution and
delivery of. this Agreement by the parties hereto'shall be an
express condition included in that certain Ordinance to be
adopted by Deerfield granting an Amended Special Use Permit for
the proposed residential development of.the Subject Property. It
JKS \34840.2 2/10/95 - 3 -
is acknowledged by JFMC that any failure on its part to fully
perform all aspects of this Agreement as and when required shall
entitle Deerfield to cease to issue Building Permits for further
construction and to cease to issue Certificates of Occupancy for
completed residential units.
8. Deerfield and JFMC agree that this Agreement shall be
binding upon and shall benefit the successors, transferees, legal
representatives, grantees and assigns of the parties hereto.
9. This Agreement may only be modified by an instrument in
writing executed by all parties hereto. Execution of this
Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the Corporate Authorities of
Deerfield to direct its execution on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the-day and year first above written.
ATTEST:
Vi ago Clerk
JKS \34840.2 2/10/95
VILLAGE OF DEERFIELD
By
Village President
JFMC Facilities Corporation
By:
X�Ca r� 11,67 /'�zro
1. :
=M
DEVELOPMENT AGREEMENT
JFMC FACILITIES CORPORATION /ARBORLAKE CENTER
This Development Agreement is dated this ,20T day of , 1996, by and
between the Village of Deerfield, Lake and Cook Counties, Illinois, a municipal corporation
( "Village "), and JFMC Facilities Corporation, an Illinois not - for - profit corporation
( "Developer ")
RECITALS:
A. The Developer is the owner and developer of certain property in the Village
described on Exhibit "A" attached hereto and made a part hereof (the "Property ").
B. Pursuant to relevant provisions of the Village Zoning Ordinance, the Developer
has made application to the Village for certain approvals, including: (i) authorization of an
Amended Special Use Permit for a residential assisted living facility for the elderly located on
the Property which is a 10 acre portion of the property commonly known as ArborLake Centre
located south of Lake -Cook Road in the Village of Deerfield; (ii) adoption of certain text
amendments to Articles 6 and 8 of the Village Zoning Ordinance to facilitate said development;
and (iii) granting of certain variances from the Deerfield Development Code (as defined in
paragraph G below).
C. Pursuant to due and proper notice, the Village Plan Commission conducted a
public hearing on the Developer's application and submitted its Report and Recommendation to
the President and Board of Trustees.
DWN1228 02/01/96 1431
4
DEVELOPMENT AGREEMENT
JFMC FACILITIES CORPORATION /ARBORLAKE CENTER
This Development Agreement is dated this ,20T day of , 1996, by and
between the Village of Deerfield, Lake and Cook Counties, Illinois, a municipal corporation
( "Village "), and JFMC Facilities Corporation, an Illinois not - for - profit corporation
( "Developer ")
RECITALS:
A. The Developer is the owner and developer of certain property in the Village
described on Exhibit "A" attached hereto and made a part hereof (the "Property ").
B. Pursuant to relevant provisions of the Village Zoning Ordinance, the Developer
has made application to the Village for certain approvals, including: (i) authorization of an
Amended Special Use Permit for a residential assisted living facility for the elderly located on
the Property which is a 10 acre portion of the property commonly known as ArborLake Centre
located south of Lake -Cook Road in the Village of Deerfield; (ii) adoption of certain text
amendments to Articles 6 and 8 of the Village Zoning Ordinance to facilitate said development;
and (iii) granting of certain variances from the Deerfield Development Code (as defined in
paragraph G below).
C. Pursuant to due and proper notice, the Village Plan Commission conducted a
public hearing on the Developer's application and submitted its Report and Recommendation to
the President and Board of Trustees.
DWN1228 02/01/96 1431
D.. The President and Board of Trustees reviewed the Report and Recommendation
of the Plan Commission and granted the Developer's request for Preliminary Plan Approval on
December 5, . 1994.
E. The Developer has submitted plans, schedules, specifications and other documents
comprising its "Final Development Plan," as defined in the Village Zoning Ordinance. The
Final Development Plan has been submitted to, reviewed by, and recommended for approval by
the Plan Commission.
F. The President and Board of Trustees have reviewed the Final Development Plan
and have (or contemporaneously with the adoption of this Agreement will adopt) adopted all
necessary ordinances, passed all necessary motions, and otherwise granted all necessary
approvals: (i) authorizing the Amended Special Use Permit for the Property; (ii) adopting
certain text amendments to Articles 6 and 8 of the Village Zoning Ordinance; (iii) approving the
Impact Fee Agreement; (iv) approving the Developer's Final Development Plan; and (v) granting
certain variations from the Deerfield Development Code (as defined below). Copies of the
authorizing Ordinance, the Impact Fee Agreement and other approval measures are attached
hereto as Exhibit "B."
G. The Village has heretofore adopted the "Deerfield Development Code"
( "Development Code "). Among other things, the Development Code calls for the Village and
the Developer to enter into a "Development Agreement" relative to the development of the
Property.
DWN1228 02/01/96 1431 2
H. In accordance with Article III of the Development Code, this Agreement has been
reviewed by the Director of Community Development, the Village Engineer, and the Village
Plan Commission.
I. The parties now desire to enter into this Development Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the Development
Code.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein
as if fully set forth.
2. Final Development /Improvement Plan.
(a) For purposes of this Agreement, the Final Development Plan shall consist
of the documents submitted by the Developer,
as identified
in,
and approved by the
President and Board of Trustees pursuant to
Ordinance
No.
0-96-07 For
identification purposes, a schedule of the documents comprising the Final Development
Plan is appended hereto as Exhibit "C" and made a part hereof.
(b) In accordance with Section 3 -101 -B of the Development Code, the
Developer has provided the Village Engineer and the Director of Community
Development with copies of its Final Improvement Plan as part of its Final Development
Plan. The term, Final Improvement Plan, when used herein shall include only those
documents and /or plans, or those specific parts of documents and /or plans, listed in
DWN1228 02/01/96 1431 3 i
Exhibit "C" that depict the private improvements. The Village Engineer and the
Director of Community Development have reviewed said Final Improvement Plan and
they have provided the Plan Commission and President and Board of Trustees with a
letter indicating their recommendations regarding the Final Improvement Plan. The
Village Engineer has also provided the President and Board of Trustees with a letter
indicating receipt and approval of all of the appropriate final engineering plans. Said
final engineering plans are identified as part of Exhibit "C."
3. Site Development Schedule. In accordance with Section 3- 102- B(4)(a) of the
Development Code, the development of the Property will proceed substantially in accordance
with the schedule attached hereto as Exhibit "D" and made a part hereof. The parties recognize
and acknowledge that this development schedule is subject to variables relating to weather,
strikes, work stoppages, acts of God and other matters outside of the reasonable control of the
Developer, its contractors and subcontractors.
4. Development /Improvement Details. Pursuant to Section 3- 102- B(4)(b) of the
Development Code, all improvements are depicted and detailed on the Final Improvement Plan.
5. Performance Guarantee.
(a) This Agreement contains provisions for private improvements. There are
no public improvements. The private improvements are the improvements identified on
Exhibit "C."
DWN1228 02/01/96 1431 4
(b) The Developer has submitted, and the Village approves, pursuant to
Section 4 -102 of the Development Code, the schedule of private improvements related
to the development of the property, as shown on Exhibit "D" hereof.
(c) Developer is a not - for - profit corporation and, based on the Village's
review and approval of the Final Improvement Plan, the schedule of development and
Developer's financing, Village, pursuant to Sections 3- 102- B(4)(c) and Section 4 -102 of
the Development Code, has provided a reduced performance guarantee described in
Exhibit "E."
6. Approved Conditions, Requirements and Variations. Pursuant to Section 3-
102- B(4)(d) of the Development Code, all conditions, requirements and variations necessary for
the Final Improvement Plans are approved, agreed to, and contemplated by the Planned Unit
Development and Final Development Plan.
7. Compliance with Other Rules and Regulations. Except as specifically provided
herein, the development of the Property shall proceed in accordance with the ordinances
described hereinabove and with applicable provisions of the Deerfield Municipal Code.
8. Remedies. Upon breach of this Agreement, any party in a court of competent
jurisdiction may obtain all appropriate relief, including, but not limited to, specific performance,
injunction or damages. Notwithstanding the foregoing, before the failure of any party to
perform its obligation under this Agreement may be considered a breach, the party claiming such
failure shall notify, in writing, the party alleged to have failed to perform, and shall demand
performance. No breach may be found to have occurred if performance has commenced to the
DWN 1228 02/01/96 1431 5
. f
d V' JL
reasonable satisfaction of the complaining party within thirty (30) days of receipt of such notice
and if the failing party pursues diligently the curing of such failure.
9. Estoppel Certificate. Developer, its successors or assigns may request and obtain
from the Village a letter or certificate, stating: (i) whether this Agreement and the Ordinances
and resolutions referred to herein are in full force and effect; (ii) which covenants and
requirements of this Agreement and said Ordinances have been fully performed to the best of
the Village's knowledge; (iii) that the Developer is not in default of its obligations under this
Agreement and such Ordinances, or if Developer is in default, the nature and extent of such
default; and (iv) the nature and extent of any amendment or modification to this Agreement or
such Ordinances.
10. Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage
prepaid, or delivered personally to the parties at the following addresses, or to such other
addresses as the parties by notice shall designate:
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
ATTN: Robert Franz
Copy to: Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
ATTN: James K. Stucko
DWN1228 02/01/96 1431 6
If to the Developer: JFMC Facilities Corporation
One South Franklin Street
Chicago, Illinois 60606
ATTN: Richard Katz
Executive Director
Copy to: Rudnick & Wolfe
203 North LaSalle Street
Suite 1800
Chicago, Illinois 60601
ATTN: Theodore J. Novak
David W. Norton
11. Successors and Assigns. This Agreement shall be binding upon the parties, their
respective successors and assigns.
12. Authority. The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
13. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the
parties and are not to be construed as an integral part of the Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
(c) Severability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of
such other provisions, covenants or portions of this Agreement.
(d) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties.
The exhibits to this Agreement are expressly incorporated herein.
DWN1228 02/01/96 1431 7
�.
JIL
If to the Developer: JFMC Facilities Corporation
One South Franklin Street
Chicago, Illinois 60606
ATTN: Richard Katz
Executive Director
Copy to: Rudnick & Wolfe
203 North LaSalle Street
Suite 1800
Chicago, Illinois 60601
ATTN: Theodore J. Novak
David W. Norton
11. Successors and Assigns. This Agreement shall be binding upon the parties, their
respective successors and assigns.
12. Authority. The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
13. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the
parties and are not to be construed as an integral part of the Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
(c) Severability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of
such other provisions, covenants or portions of this Agreement.
(d) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties.
The exhibits to this Agreement are expressly incorporated herein.
DWN1228 02/01/96 1431 7
(e) Counterparts and Duplicate Original. This Agreement may be executed
in any number of counterparts and duplicate originals, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
and year first written above.
VILLAGE OF DEERFIELD
Lake and Cook Counties, Illinois, a
municipal corporation
�_
u!
ATTEST:
it . ' t b M—,
Villhe Clerk
JFMC FACILITIES CORPORATION, an
Illinois not - for - profit corporation
��cl• M 1 e
DWN1228 02/01/96 1431 8
SCHEDULE OF EXHIBITS
Exhibit "A" Legal Description of Property
Exhibit "B" Authorizing Ordinance, Impact Fee Agreement and Related Approval
Measures
Exhibit "C" Schedule of Documents Comprising Final Development Plan
Exhibit "D" Site Development Schedule
Exhibit "E" Performance Guarantee
DWN1228 02/01/96 1431
•
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 2 in Arborlake Centre, being a subdivision in Sections 5 and 6, Township 42
North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
DWN1228 02/01/96 1431 A -1
EXHIBIT B
AUTHORIZING ORDINANCE, IMPACT FEE AGREEMENT
AND RELATED APPROVAL MEASURES
DWN1228 02/01/96 1431 B -1
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
Published in pamphlet form this
20th day of February , 1996
by the President and Board of
Trustees of Deerfield
17tiS \7_312.2. '/29/95
� h
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the application of JFMC
FACILITIES CORPORATION, an Illinois not - for - profit corporation
herein referred to as, ( "Applicant ") to authorize the development
and use of certain real estate described on Exhibit A (the
"Subject Property ") hereto for an Amended Special use - Punned
Unit Development, as a residential assisted living facility for
the elderly under and pursuant to the provisions of Articles
6.01 -C,15, 12.01, 12.08 and 13.11 of the Zoning Ordinance of the
Village of Deerfield; and
WHEREAS, the corporate authorities of the Village of
Deerfield have previously adopted Ordnance No. 84-57 authorizinc_r
a Special Use for the Subject Property and other property
adjoining the Subject Property; and
WHEREAS, said hearing for the proposed Amendment to Special
Use was held pursuant to duly published notice thereof and was,
in all respects, held according to law; and
WHEREAS, following consideration of the recommendations of
the Plan Commission by the President and Board of Trustees, the
President and Board of Trustees have considered and reviewed the
Final Site Plan prepared by Shayman, Salk, Arenson, Sussholz
Company dated September 1, 1995, the Final Landscape Plan
prepared by Teska Associates, Inc., dated September 1, 1995 and
the Architecture and Engineering Plans prepared by Shayman, Salk,
Arenson, Sussholz & Company dated September 1, 1995 (collectively
hereinafter referred to as the "Final Development Plan "),
submitted by Applicant and reflecting all revisions from the
previously approved Special Use; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the authorization and granting of said
Amendment to Special Use - Industrial Planned Unit Develo_ment as
a residential assisted livi:-:g facility for the elderly in
accordance with all components of the Final Development Plan for
the Subject Property marked Exhibit B and attached heretc and
made a part 11-ereof .
�7.a' \7221'_._ 2 /0/95
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH-FEDERATON OF METROPOLITAN CHICAGO
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby
ONE: affirmatively find that the Amendment to Special
Use, as hereby authorized, fully complies with the
requirements and standards set forth in Articles 12.08 and 13.11 -
D of the Village Zoning Ordnance, and the Amended Special Use of
the Subject Property, as and for purposes of a residential
assisted living facility for the elderly as set forth on all
components of Exhibit B, be and the same is, hereby authorized
and approved subject to the conditions hereinafter set forth.
SECTION That the approval and authorization of said
TWO: Amendment to Special Use of the Subject Property
as hereby granted is subject to the following
conditions:
That all use, construction and development shall
be in accordance with all components of the Final Development
Plan as described in detail in the foregoing recitals, a copy of
each of which is included and marked as part of Exhibit B and
attached hereto and made a part hereof, all other documentary and
exhibit filings made pursuant to Planned Unit Development
Procedures as set for in Article 12.09 of the Village Zoning
Ordinance including the Development Agreement between the Village
and JFMC Facilities Corporation, the Impact Fee Agreement between
Village and Applicant, the terms of this Ordinance, and all
representations made by the Applicant to the Plan Commission and
President and Board of Trustees.
SECTION That any violation of any of the conditions
THREE: hereinabove set forth by the Applicant or its
successors, grantees, transferees or assigns shall
authorize the revocation of the Amendment to Special Use hereby
authorized.
SECTION That except as specifically modified by the
FOUR: Amendment to Special Use (including the Final
Development Plan attached as Exhibit B),
JBS \71248.1 1129195
ORDINANCE NO. 0 -96 =07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
the provisions of Ordinance No. 84-57 shall remain in full force
and effect.
SECTION That the Village Clerk is hereby directed to
FIVE: publish this Ordinance in pamphlet form and to
record said Ordinance and that portion of Exhibit
B known as the "Final Site Plan" in the office of the Recorder oil-
Deeds of Cook County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be.in full force and
SIX: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swartz (4)
NAYS: None (0)
ABSENT: Swanson (1)
RECUSED: Heuberger (1)
PASSED this 20th day of February A.D., 1996.
APPROVED this 20th day of February A.D., 1996.
VILLAGE PRESIDENT
ATTEST:
VILI(:, GE CLERK
l
AGREEMENT
THIS AGREEMENT entered into this __:2n� day of FeZAU4MV
1996, between the VILLAGE OF DEERFIELD, an Illinois municipal
corporation ( "Deerfield ") and JFMC Facilities Corporation
( "JFMC") .
W I T N E S S E T H:
WHEREAS, pursuant to relevant prow_`, �; oiis of r1-ie V i.l .age
Zoning Ordinance JFMC has made application to Deerfield for
certain approvals, including: (i) authorization of an Amended
Special Use permit for a 10 acre portion of the property known as
the Arbor Lake Center located south of Lake -Cook Road in the
Village of Deerfield for a residential assisted living facility;
and (ii).adoption of certain text amendments to the Office,
Research and Restricted Industrial District portion of the
Village Zoning Ordinance to facilitate said development; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-
93 -48 (the "Ordinance ") pursuant to its Home Rule Powers
recognizing the burden placed on various governmental units
resulting from additional residential development within
Deerfield; and
WHEREAS, the Ordinance establishes certain standards for
dedication of land or payment of fees in lieu thereof in
recognition of the increased burden upon the various governmental
units in Deerfield resulting from additional residential
development; and
JKS \34840.2 2/10/95
i
WHEREAS, the Ordinance also provides a standard of value of
property allocated for residential use within Deerfield as a
basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Eighteen of the Ordinance grants authority
to the Corporate Authorities of Deerfield to determine whether or
not a particular residential development will have an impact or
create an impact upon other governmental units within Deerfield
or whether said development will have a lesser or differing
impact than provided for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good valuable consideration, it is
agreed by and between Deerfield and JFMC as follows:
1. The preambles to this Agreement are a material part
hereof, and are incorporated herein as part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific
residential development proposal presented by JFMC; (ii) a review
of evidence adduced by JFMC as to the fair market value of.the
Subject Property, and (iii) a review of evidence adduced by JFMC
as to its efforts to satisfy Ordinance requirements for the
provision of open space or other recreational areas or facilities
by providing such area within the development.
3. As a result of the foregoing, JFMC agrees to pay an
impact fee of Two Hundred and Thirty -Five Thousand Dollars
($235,000), during the course of construction as follows. Upon
issuance of an occupancy permit for the first apartment unit in
JKS \34840.2 2/10/95 - 2 -
Phase 1 which includes a total of 160 apartment units, JFMC will
pay the sum of $125,000. Upon issuance of an occupancy permit for
the first apartment unit in Phase 2 which includes 138 apartment
units, JFMC will pay the remaining balance of $110,000.
4. JFMC agrees that all payments hereunder shall be
payable to Deerfield and shall be deposited with the Village
Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the
Ordinance.
5. Deerfield acknowledges and agrees that compliance by
JFMC with the terms of this Agreement constitutes full compliance
with the Ordinance, and Deerfield agrees that Developer shall not
be required to make any further or other payments of cash which
are not set forth in this Agreement to satisfy the Ordinance.
6. JFMC waives and releases any and all claims to contest
the provisions of the Ordinance or the
Further, Developer waives and releases
contest the time, manner and purpose o
fees paid hereunder, and specifically
Section Eight of the Ordinance for any
expended within ten (10) years.
payments set forth herein.
any and all rights to
E the expenditure of any
waives any right under
refund of fees not
7. JFMC and Deerfield agree that the execution and
delivery of this Agreement by the parties hereto shall be an
express condition included in that certain Ordinance to be
adopted by Deerfield granting an Amended Special Use Permit for
the proposed residential development of the Subject Property. It
JKS \34840.2 2/10/95 - 3 -
J
is acknowledged by JFMC that any failure on its part to fully
perform all aspects of this Agreement as and when required shall
entitle Deerfield to cease to issue Building Permits for further
construction and to cease to issue Certificates of Occupancy for
completed residential units.
8. Deerfield and JFMC agree that this Agreement shall be
binding upon and shall benefit the successors, transferees, legal
representatives, grantees and assigns of the parties hereto.
9. This Agreement may only be modified by an instrument in
writing executed by all parties hereto. Execution of this
Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the Corporate Authorities of
Deerfield to direct its execution on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the.day and year first above written.
_�1ti i � l_ �► eft - � -- .
Clerk
ATTEST:
'ez
Its
JKS\34840.2 2/10/95
VILLAGE OF DEERFIELD
B
Village President
JFMC Facilities Corporation
- 4 -
EXHIBIT C
SCHEDULE OF DOCUMENTS COMPRISING FINAL DEVELOPMENT PLAN
1. Doc. No. Z1, Site Plan, prepared by Shayman, Salk, Arenson, Sussholz & Company,
dated 9/1/95
2. Doc. No. T1, Title Sheet (including the referenced documents), prepared by Shayman,
Salk, Arenson, Sussholz & Company, dated 9/1/95
3. Doc. No. A2, Site Plan, prepared by Shayman, Salk, Arenson, Sussholz & Company,
dated 9/1/95
4. Doc. No. A2A, Site Signage & Details, prepared by Shayman, Salk, Arenson, Sussholz
& Company, dated 9/1/95
5. Doc. No. A3, Partial First Floor Plan & Site Details, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
6. Doc. No. A4, Basement Plan, prepared by Shayman, Salk, Arenson, Sussholz &
Company, dated 9/1/95
7. Doc. No. A5, First Floor Plan - Housing Plus 1, prepared by Shayman, Salk, Arenson,
Sussholz & Company, dated 9/1/95
8. Doc. No. A6, Typical Second & Fourth Floor Plan, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
9. Doc. No. A11, First Floor Plan - Housing Plus 2, prepared by Shayman, Salk, Arenson,
Sussholz & Company, dated 9/1/95
10. Doc. Nos. A13 -15, Housing Plus No. 1 Exterior Elevations, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
11. Doc. No. A16, Housing Plus No. 2 Exterior Elevations, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
12. Doc. No. A19, Building Section and Details - Housing Plus 1, prepared by Shayman,
Salk, Arenson, Sussholz & Company, dated 9/1/95
DWN1228 02/01/96 1431 C -1
13. Doc. No. A25, Wall Sections - Housing Plus 2, prepared by Shayman, Salk, Arenson,
Sussholz & Company, dated 9/1/95
14. Doc. No. C1, Site Dimensional Plan, prepared by Manhard Consuting, Ltd., dated
9/1/95
15. Doc. No. C2, Existing Topography and Removal Plan, prepared by Manhard Consuting,
Ltd., dated 9/1/95
16. Doc. No. C3, Grading Plan, prepared by Manhard Consuting, Ltd., dated 9/1/95
17. Doc. No. C4, Utility Plan, prepared by Manhard Consuting, Ltd., dated 9/1/95
18. Doc. No. C5, Offsite Sanitary Sewer, prepared by Manhard Consuting, Ltd., dated
9/1/95
19. Doc. Nos. L2 and L3, Planting Plan, prepared by Teska Associates, Inc. dated 9/1/95
DWN1228 02/01/96 1431 C -2
EXHIBIT D
SITE DEVELOPMENT SCHEDULE
DWN1228 02/01/96 1431 D -1
A 02
CONTRACT AWARDS
22DEC95
08MAY96
A 03
VE INCORPORATION
22DEC95j
31JAN96
A04
MOBILIZE
05FEB96
28FEB96
A 05
Begin Survey/Layout
26FEB96
A 07
Testing Service on Site
25MAR96
A 08
Engineered FiII/Compact HP I
25MAR96
28MAY96
All
EXCAVATION (BASEMENT)
27MAR96
01APR96
A 09
EXCAVATION (SOUTH)
28MAR96
03APR9W
A 30
FOUNDATIONS (BASEMENT)
01APR96
10MAY96
A25
SET ELEVATOR CASING
15APR96
19APR96
A10
FOUNDATIONS (SOUTH)
29MAY96
11JUN96
A 40
SUSPENDED SLABS- 1 ST
29MAY96
11JUN96
A 50
SUSPENDED SLABS- 2ND
12JUN96
02JUL96
A 60
SUSPENDED SLABS- 3RD
28JUN96
19JUL96
A 42
PRECAST- 1 ST FLR
03JUL96
28AUG96
A 38
MEP EQUIP /SERVICES-
22JUL96
080CT96
A 70
SUSPENDED SLABS- 4TH
22JUL96
09AUG96
A190
MASONRY (EXTERIOR)
25JUL96
180CT96
A45
MEP EQUIP /SERVICES- 1ST
12AUG96
29OCT96
A80
SUSPENDED SLABS- 5TH
12AUG96
30AUG96
A 32
S.O.G.- BASEMENT
22AUG96
04SEP96
A198
PUNCHED WINDOW UNITS
29AUG96
250CT96
A90
SUSPENDED SLABS- 6TH
02SEP96
24SEP96
A 34
BASEMENT MASONRY
05SEP96
27SEP96
A 41
S.O.G. - 1 ST FLOOR
13SEP96
04OCT96
A 44
STUDS /ROUGH MEP -1 ST FLR
17SEP96
12DEC96
A 52
1 STUDS /ROUGH MEP- 2ND FLR
125SEP96
112NOV96
A100 ISUSPENDED SLABS- ROOF 125SEP96 122OCT96
® VE INCORK
® MOBIL
*.Begin 9
®s
■
} ••w :, f f MEP EQUIP /SERVICES— BASEMENT :
SUSPENDED SLABS- 4TH FLOOR
f MASONRY (EXTERIOR)
• MEP EQUIP /SERVICES- 1ST FLR:
® SUSPENDED SLABS- 5TH FLOOR
:. ..................... ......:........................ ......................... .........
..
® S.O.G.- BASEMENT
MOMMMEM PUNCHED WINDOW €UNITS
® SUSPENDED SLABS- 6TH FLOOR'
�m
Proj.N sten 01 NOV95 EMy 8m REV3 shw 1 a s
Pr•jM Fu"h 271AAY97 - PfOg. 8.. WEINBERG PROJECT o.+. a.A i_ """'° " ...°
°"'°"' ""-" `""°'"""'"
pm om. 17APRW JFMC FACILITIES CORPORATION
G Prio.r.n S7.wro. hK Power Contracting & Engineering Corp
A 43
1ST FLR Interior Masonry
30SEP96
11 OCT96
............................................:.........................:.......
:.............:.......................... :.....
................................................... .....................
............. .. ...... ................... :......
............< .............. ............:..................
....:.............;.............:............<............:.............:....
;
M 1 ST FLR Interior Masonry; ,
; SUSPENDED BEAMS- PENTHOUSE'
...................<........... ........ .. OUGH MEP- 3RD FLR..........- :........
., ELEVATORS
PAINTING BASEMENT
:,STUD$ /ROUGH MEP- 4TH FLR
r DRYWALL--2ND FLOOR
.................... .. ............................... :.............:....... ..........................
STUDS /ROUGH;MEP 5TH FLR
; PH MECH. EQUIP. DELIVERY
PRECAST= PENTHOUSE
ROOFING
•. >:M STUD'S /ROUGH MEP- 6TH FLR '
:............. .............. :......................... ........ ........ ........ ........ ......
M PRECAST- CANOPY
f•: >: « -:,, :,: DRYWALL- 3RD FLOOR
M PENTHOUSE HOLLOW CORE PC
:..r : -< •: r MEP EQUIP /SERVICES=
r;< .ffr <« ; <ry DRYWALL- 4TH FLOOR
......:............. :........................... :.................... ... ......................
�r »•: .f PAINTING 2ND FLR
DRYWALL- 1ST FLOOR
f ,, DRYWALL- .5TH FLOOR .
PAINTING 3RD FLR
�f DRYWALL- 6TH: FLOOR
....................... ...............................
:....... ....
- MILLWORK-:3RD FLR
PAINTING 4TH FLR
MILLWORK :2ND FLR
MILLWORK 4TH FLR
PAINTING 5TH FLR
...................> ..........
.........:.............:....... ..........
....... ..........:............:.......
PAINTING 1ST FLR -
PAINTING 6TH FLR
A102
SUSPENDED BEAMS-
180CT96
14NOV96
A 62
STUDS /ROUGH MEP- 3RD FLR
230CT96
12DEC96
A195
ELEVATORS
23OCT96
20JAN97
A 36
PAINTING BASEMENT
280CT96
15NOV96
A 71
STUDS /ROUGH MEP- 4TH FLR
06NOV96
27DEC96
A54
DRYWALL- 2ND FLOOR
13NOV96
06JAN97
A 82
STUDS/ROUGH MEP- 5TH FLR
15NOV96
'15JAN97
A104
PH MECH. EQUIP. DELIVERY
15NOV96
16DEC96
A108
PRECAST- PENTHOUSE
15NOV96
09DEC96
A192
ROOFING
20NOV96
20JAN97
A 92
STUDS /ROUGH MEP- 6TH FLR
03DEC96
29JAN97
A160
PRECAST - CANOPY
10DEC96
23DEC96
A 64
DRYWALL- 3RD FLOOR
13DEC96
03FEB97
A106
PENTHOUSE HOLLOW CORE
17DEC96
31DEC96
A440
MEP EQUIP /SERVICES- PH
17DEC96
14APR97
A 72
DRYWALL- 4TH FLOOR
30DEC96
17FEB97
A56
PAINTING 2ND FLR
08JAN97
11 FEB97
A 46
DRYWALL- 1ST FLOOR
14JAN97
24MAR97
A 84
DRYWALL- 5TH FLOOR
16JAN97
OSMAR97
A 66
PAINTING 3RD FLR
21JAN97
17FEB97�
A 94
A 68
DRYWALL- 6TH FLOOR
MILLWORK - 3RD FLR
30JAN97
04FEB97
19MAR97
31MAR97
A75
PAINTING 4TH FLR
04FE897
03MAR97
A58
MILLWORK - 2ND FLR
05FEB97
01APR97
A 78
MILLWORK - 4TH FLR
18FEB97
17APR97
A86
PAINTING 5TH FLR
20FEB97
19MAR97
A47
PAINTING 1ST FLR
25FEB97
31MAR97
A 96
PAINTING 6TH FLR
06MAR97
02APR97
P'.0d SW 01 NOYOS
Projacl Fkdah 27MAY97
ISAPROG
°'"D"' aaa
Ps., Dab /7APM
0 Pb--5ym ro.k-
e.ey a-
® Proo —Bar
"`� �"
`'""'
1EV3 snwtd5
WEINBERG PROJECT
JFMC FACILITIES CORPORATION
Power Contracting & Engineering Corp
°'"
"""' °°"
`".`"
^ °"•'
A 48
MILLWORK - 1ST FLR
11 MAR97
22MAY97
........... :................. .........:.....
I MILLWORK: 1S1
MILLWORK - 5i
MILLWORK 6TH
KITCHEN EQUIP
Carpet 3rd Floor
:M Carpet - 2nd Floor
COMMISSION E
M Carpet = 4th Floor
............. ....... .......................... :..................... ...... :...........................
® Carpet -:1 st Floor
® PUNCH LIST
®:Carpet: 5th Flo
0 :Carpet'- 6th Flo
(SUBSTANTIAL
A88
MILLWORK - 5TH FLR
20MAR97
19MAY97
A 98
MILLWORK- 6TH FLR
20MAR97
19MAY97
A333
KITCHEN EQUIPMENT
01APR97
15MAY97
A69
Carpet 3rd Floor
02APR97
09APR973
A59
Carpet - 2nd Floor
03APR97
14APR97
A441
COMMISSION EQUIPMENT
15APR97
19MAY97
A79
Carpet - 4th Floor
21 APR97
25APR97
A 49
Carpet 1st Floor
16MAY97
22MAY97
A442
PUNCH LIST
20MAY97
26MAY97
A89
Carpet - 5th Floor
21 MAY97
27MAY97
A 99
Carpet - 6th Floor
21 MAY97
27MAY97
A470
SUBSTANTIAL COMPLETION
27MAY97
"d start of Novas Early Bar i Sfb a a 5
P,.dF."h 27MAY97 ® PrograaaBw WEINBERG PROJECT p «` °°' """' °"
,.,
15APR96 `'ki.MAdMW JFMC FACILITIES CORPORATION
Plot oat. 17APPM
op,hrt araSYataa 1. Power Contracting & Engineering Corp
!.: i.. v.:• ir• v::::
A499
- •: i::iii
::i:X..v..i::'.::: }i'.i:x4i::ii :::.iv.:{.iii:•iw: x {••:•: ri6 .. .....
EXCAVATION
iiii::i::¢::i: %:;:4
......
17APR96
% {{�iiF9c::: i }iii
14MAY96
�
.....:............. :...................... ....:..........:.............................
;..._ .........
,
- !: :t
'
= EXCAVATION
Engineered Pill/Compact HP II
FOUNDATIONS
MASONRY WALLS /PRECAST
STEEL JOISTS & DECKING '
........... ............................. ....................................... ......:........... .:....... ..................
� SLAB -ON -GRADE
f ROOFING
:, f•:::< .::.i: «• %••:•,ii:i.:::,;:..i::f STUDS / ROUGH MEP
:1 PUNCHED WINDOW UNITS
DRYWALL
....:.......................:.. .... ......... .. t.....PAINTING::
MILLWORK
q PUNCH LIST
Carpet - Housing Plus II
f -SUBSTANTIAL COMPLET
A501
Engineered Fill/Compact HP II
15MAY96
05JUN96
A500
FOUNDATIONS
06JUN96
11JUL96
A510
MASONRY WALLS /PRECAST
12JUL96
22AUG96
A520
STEEL JOISTS & DECKING
19JUL96
22AUG96
A530
SLAB-ON-GRADE
09AUG96
05SEP96
A540
ROOFING
23AUG96
20SEP96
A550
STUDS / ROUGH MEP
06SEP96
04DEC96
A515
PUNCHED WINDOW UNITS
24SEP96
21OCT96
A560
DRYWALL
05DEC96
31JAN97
A561
PAINTING
06JAN97
07FEB97
A566
MILLWORK
10FEB97
14MAR97
A571
PUNCH LIST
17MAR97
21MAR97
A568
(Carpet - Housing Plus If
18MAR97
08APR97
A590
(SUBSTANTIAL COMPLETION
08APR97
ProjW SW O1NOV95 FAMM,77,573'""] Edyem Sir"4a5
P-1.4 F.r.n 77MAY97 ® P.o9<... Ow WEINBERG PROJECT D11i R- W- Ch..k d A rend
1AP ` "'°' """`"
P1910b 17APIM JFMC FACILITIES CORPORATION
R95
„rW--Syi% -..v -. Power Contracting & Engineering Corp
A600
SITE UTILTIES
A604
ROUGH GRADE
A611
SITE CONCRET
A314
FINE GRADE
A625
I PAVE DRIVES
A630
ILANDSCAPING
15APR96 17MAY96
20MAY96 04JUN96
05JUN96 17JUL96
18JUL96 31JUL96
18JUL96 14AUG96
.....:... ..........:...... ......:.......
15AUG96 180CT96
P'.j.d Std O7 ROV95 C dy S.r 3 Si 5 Ws
P,.j.d F.W h 27MAY97 P,.g B
r... u WEINBERG PROJECT Dal. R «i.i.n Cfrelue A r.r.e
°"'°"' 73APROe `'"'°' """°"
Pla D.A. 77APR90 JFMC FACILITIES CORPORATION
0P.k— ,— Sy.'. —.1— Power Contracting & Engineering Corp
/. .' ,
EXHIBIT E
PERFORMANCE GUARANTY
DWN1228 02/01/96 1431 E -1
r ^APR 19 -'96 10 : 49AM 1� P. 2
"4
L,a5al1 ®'N�tional Bank � ` _
INTERNATIONAL BANKING LASALLE BANKS
200 West Monroe Street
Chicago, Illinois 60606.5007.
(312) 904 -8462
Telex: 180393
8wlR: LASLUS44
o-- VED
CO.1"KPO R T IO.Nl-
IRREVOCABLE I TANDYYY I, -ETTER I'JC rREDIT NO. ' ?nl) X100241
ISSUED I'1 GHICAGQ3 ILI- 11,1rC;iKS 0711 12 F''F B 1996
AF: PL (CANT:
JF'11C FACIL.1'ries CUP {F"QpAi-om
I, SOUTH FRANKLIN STRE.E p RIODM 6.2",5
C:H I CA D , IL 40606
TWO 1-IQN0RE.D THUIUSAKC., AND
Uni,tvd S1= attsea "► Dollar z
CF-ED I T (- VA I L.APSLU.' WITH;
T>✓1Fr Z SSU I NO BANK
13Y e PAYMENT
AVA I LA :IL.lr DY DRAFTS AT
r.,ASALL.E NATIC MAL. 8AWK
CHICAGO., IL.,I..INCII_
SIGHT D AWN ON
DENEF I C I GARY i
VILLAGE OF DEERF' I ELD
DEER I6:1.U. It- 60015
DATE FIND PLACE UF"
;S i MAY 1990 .
f SBI..FINC DANK' S C,OUNTI;MS
WE HEREDY 1,1;' UE IN YOUR PF;` OP% 'k" i i a I RFiEVOGADLk STANDBY L?117T R Of-
CREDIT WHICH IS AYA I LAksLE FOR t"'AYME.NT UPON F`F:E;?SI,NTAT I ON OF THIT.
F OL.L.0141 NO D0-at 1MENTB a
I•iI- NI: -.r T t; X C RY ` 3 91 CNED C;FFiT I F" ; 11"i- !TE IN THE FORM G� A Lzu. ,F'�
f r ST •C=G CR FE0 FafS�F
DF_F AULTEJ) 1:N ITS OnL.IGATION -('c.3 C ?.1C'I- l -El"E A1IU /OR FAY FOR THE
I NSTAL.LAT I (,N OF PUBL.I C AND F'R I vA"rE: I ,1r- „Ryvi::mF N "rS, AS I• p-Rf. I N
DEF=INED;, W1 °41CH YNCLUDC5 Sur IS NOT t_1111TED TI)i EXCAVATION,
S ?'REE'1' r.,AVE.MLN -i , SIDEWALKS, 2C.WERS, UNDERGROUND 111FIROVEMI~:1+.ISv
WATER MAIN AND ;4PPURTiEN(- lNCC'S . PL- I'X I NB } LANDSCAPING, 6'I E: p UAMACIE
OR' NUISANCE 1~t -AIMS OR RECA1-` LJRE CHARC- ;C1,'3."
. ”
THTIS rJR I G I MAL 31"A NDOY U27. ,ri--R OF CREn I T MUST eCil- )a BE PRE,13EENTED So
THAT THE AMOUNT OF ANY PART I AI _ DRAW UPON THIS LETTER TEFL C?FF r,RC D 11'
MAY CAE ENDORSED UPON THE F11EV RSE HE'RFt OF NR N3R TO BE INN; R TUF'NE:D
TO THE F *; :'NEFICXAf%Yt OR SO THA! THIS LETTIEZR OP C'IIiE;I77'F C;6 -+hi BE
RETAINED AND C:ANQUI.A..F 0 11--' THE ENTIRE' SAL.ANCE OR REMA I N I NQ
FIAL FANCE OF THE CRF-,D T AMOUNT 153 I RZAWN HEREUNDER.
TI-416 CREDIT IS SUSJkrEC'T TO THE UN I FF OR'll CUSTOMS AND PRACTICE FoR
DOCUMF'OTARY r ^.Fi1; YI TS } REVISION, I NTERNAT I O NAI.- CFlF1P'FSER OF
CfFMI`9h,IiCt 4 PUBI- ICATION NO. 500. THE NUMBER OF THE CREDUT AND THE
,
YFORM N0.096.CF0110 AUG P5
LaSalle National Sank
.INTERNATIONAL BANKING LAS,ALLE BANKS
200 West Monroe Street
Chicago, Illinois 80608-5002
(312) 904 -8462
Telex: 100303
Swift: LASLUS44
1. /C 4a
f'faC,7tw
NAME OF OUR WlkNb; iltL1;.iT fit:: Cm.urrzx ON ALL 0nAf °TC,3 RCTd'rL.ltr ED.
Dt,W.-r (s ) AND /cak DOCUMENTS r {UST .SSE PRESEN'rE;D AT TFIC CJr -F l Cf-,. OFF
L.ASAL.LE NATIONAL BANK, 26;) w. Iyiltsl;ior s�TF��! 'r , SU I 1 -E ;! f.00 .
Ct-I I CA00 , IL f,{irIT LAT'iw,F? THAN , N Q0 r .1"I . C , S . T . ON OFD i'sIET- C)RE
THE EYPIi;Y DATE.
WE UNDEE tTr^ I. - "E. '1 VIAT DRA.1 "T (B) L-RAWI OND M t ".ONF ORM i "ry
WITH TH I3 cru m rr (411.L. BE. OU Y t'i0N0F4lr:'G ,
PARI t AL,. D RAW I NB( '5
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FORM NO-Ono-Crone QUO 99 r
PEDENN.&HOUPT
Peer Pedersen
James K. Stucko
Thomas J. Kelly
Sheldon Davidson
Gregory J. Perry
Herbert J. Linn
Paul S. Altman
James J. Clarke II
Marc D.Janser
Arthur M. Holtzman
Donald J. Moran
John H. Muehlstein
Arthur B. Sternberg
Marilee Roberg
Mary C. Muehlstein
Michael J. Durkin
Timothy R. Lavender
Michael W. Black
Richard J. Traub
Thomas F. Sax
David L. Filkin
Gregory N. Kazarian
Thomas F. Brett 11
Steven M. Austermiller
Sheila M. Beary
Joseph B. Brocato
Michael J. Condron
Heath R. Fear
Michael J. Fieweger
David D. Gorman
Michael R. Groenendaal
Susan M. Hermann
Victoria L. Masciopinto
Rebecca J. McDade
Ronald J. Miller
Michael A. Moynihan
Bruce A. Neumann
Prabha Parameswaran
Steven M. Stone
Of Counsel
Richard V. Houpt
James B. Sloan
Gary S. Mostow, P.C.
July 15, 1996
Ms. Barbara Houpt
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
RE: Ordinance No. 0 -96 -07
Dear Ms. Houpt:
Law Offices
161 North Clark Street
Suite 3100
Chicago, Illinois 60601 -3224
312/641 -6895 Telecopier
312/641 -6888 Telephone
Direct Dial Number:
312/609 -5608
Enclosed you will find the above - referenced ordinances duly recorded
with the Cook County, Recorder.
If you should have any questions in regard to the same, please feel
free to contact me at the
cc: James K. Stucko
A Professional Corporation
�TATE OF ILLINOIS
6OUNTIES OF LAKE AND COOK
VILLAGE OF 13EERFIEL6
Zvi
v
�, PLAT
DOCUMENT
The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and
Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance No. 0 -96 -07 entitled "An Ordinance Authorizing an Amendment to Special Use -
Industrial Planned Unit Development - Jewish Federation of Metropolitan Chicago"
as appears in the records and files of the office of the Village Clerk.
Dated this May 30, 1996
�I
RO RT D. FRANZ,
Village Clerk
gaabm
PLEASE HUM TO
^w� ; BOX 68
ooa
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SEAL ��
-r Gov
mu In Submitted by: Village of Deerfield
I G, 850 Waukegan Road
M %01 -. Deerfield, IL 60015
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17
A
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
Published in pamphlet form this
20th day of February , 1996
by the President and Board of
Trustees of Deerfield
.:sir_ E: 109199
v
N
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the application of JFMC
FACILITIES CORPORATION, an Illinois not - for - profit corporation
herein referred to as ( "Applicant ") to authorize the development
and use of certain real estate described on Exhibit A (the
"Subject Property ") hereto for an Amended Special use - Planned
Unit Development, as a-residential assisted living facility for
the elderly under and pursuant to the provisions of Articles
6.01 -C,15, 12.01, 12.08 and 13.11 of the Zoning Ordinance of the
Village of Deerfield; and
WHEREAS, the corporate authorities of the Village of
Deerfield have previously adopted Ordnance No. 84 -57 authorizing
a Special Use for the Subject Property and other property
adjoining the Subject Property; and
WHEREAS, said hearing for the proposed Amendment to Special
Use was held pursuant to duly published notice thereof and was,
in all respects, held according to law; and
WHEREAS, following consideration of the recommendations of
the Plan Commission by the President and Board of Trustees, the
President and Board of Trustees have considered and reviewed the
Final Site Plan prepared by Shayman, Salk, Arenson, Sussholz &
Company dated September 1, 1995, the Final Landscape Plan
prepared by Teska Associates, Inc., dated September 1, 1995 and
the Architecture and Engineering Plans prepared by Shayman, Salk,
Arenson, Sussholz & Company dated September 1, 1995 (collectively
hereinafter referred to as the "Final Development Plan "),
submitted by Applicant and reflecting all revisions from the
previously approved Special Use; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the authorization and granting of said
Amendment to Special Use - Industrial Planned Unit Development as
a residential assisted living facility for the elderly in
accordance with all components of the Final Development Plan for'
the Subject Property marked Exhibit B and attached hereto and
made a part hereof.
JKS\71248.1 2/6/96
**Ie.
ORDINANCE NO. 0 -96 -07
r ' AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby
ONE: affirmatively find that the Amendment to Special
Use, as hereby authorized, fully complies with the
requirements and standards set forth in Articles 12.08 and 13.11 -
D of the Village Zoning Ordnance, and the Amended Special Use of
the Subject Property, as and for purposes of a residential
assisted living facility for the elderly as set forth on all
components of Exhibit B, be and the same is, hereby authorized
and approved subject to the conditions hereinafter set forth.
SECTION That the approval and authorization of said
TWO: Amendment to Special Use of the Subject Property
as hereby granted is subject to the following
conditions:
That all use, construction and development shall
be in accordance with all components of the Final Development
Plan as described in detail in the foregoing recitals, a copy of
each of which is included and marked as part of Exhibit B and
attached hereto and made a part hereof, all other documentary and
exhibit filings made pursuant to Planned Unit Development
Procedures as set for in Article 12.09 of the Village Zoning
Ordinance including the Development Agreement between the Village
and JFMC Facilities Corporation, the Impact Fee Agreement between
Village and Applicant, the terms of this Ordinance, and all
representations made by the Applicant to the Plan Commission and
President and Board of Trustees.
SECTION That any violation of any of the conditions
THREE: hereinabove set forth by the Applicant or its
successors, grantees, transferees or assigns shall
authorize the revocation of the Amendment to Special Use hereby
authorized.
SECTION That except as specifically modified by the !
FOUR: Amendment to Special Use (including the Final
Development Plan attached as Exhibit B),
9642;
JKS \71248.1 1/29/96 "3 C,1 9
' ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
f t
the provisions of Ordinance No. 84 -57 shall remain in full force
and effect.
SECTION That the Village Clerk is hereby directed to
FIVE: publish this Ordinance in pamphlet form and to
record said Ordinance and that portion of Exhibit
B known as the "Final Site Plan" in the office of the Recorder of
Deeds of Cook County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and
SIX: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swartz (4)
NAYS: None (0)
ABSENT: Swanson (1)
RECUSED: Heuberger (1)
PASSED this 20th day of February A.D., 1996.
APPROVED this 20th day of February A.D., 1996.
VILLAGE PRESIDENT
ATTEST:
Vft-AAGE CLERK
JKS \71248.1 1,29,96 9642`3019
EXHIBIT A
a
THE ARBORLAKE CENTRE, BEING A SUBDIVISION IN SECTIONS 5 AND 6,
TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 1985
AS DOCUMENT NUMBER 27475383, IN COOK COUNTY, ILLINOIS.
96' Zani9
AGREEMENT
f
THIS AGREEMENT entered into this 2�day of a�UWZV
1996,rbetween the VILLAGE OF DEERFIELD, an Illinois municipal
.g
corporation ( "Deerfield ") and JFMC Facilities Corporation
( "JFMC").
W I T N E S S E T H:
WHEREAS, pursuant to relevant prow' sloiis of th b`j_1 1.age
Zoning Ordinance JFMC has made application to Deerfield for
certain approvals, including: (i) authorization of an Amended
Special Use permit for a 10 acre portion of the property known as
the Arbor Lake Center located south of Lake -Cook Road in the
Village of Deerfield for a residential assisted living facility;
and (ii) adoption of certain text amendments to the Office,
Research and.Restricted Industrial District portion of the
Village Zoning Ordinance to facilitate said development; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-
93-48 (the "Ordinance ") pursuant to its Home Rule Powers
recognizing the burden placed on various governmental units
resulting from additional residential development within
Deerfield; and
WHEREAS, the Ordinance establishes certain standards for
dedication of land or payment of fees in lieu thereof in
recognition of the increased burden upon the various governmental
units in Deerfield resulting from additional residential.
development; and
JKS \34840.2 2/10/95
9�423�19
M
WHEREAS, the Ordinance also provides a standard of value of
property allocated for residential use within Deerfield as a
basis for calculating impact fees in the manner required by the
r ,
Ordinance; and
WHEREAS, Section Eighteen of the Ordinance grants authority
to the Corporate Authorities of Deerfield to determine whether or
not a particular residential development will have an impact or
create an impact upon other governmental units within Deerfield
or whether said development will have a lesser or differing
impact than provided for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good valuable consideration, it is
agreed by and between Deerfield and JFMC as follows:
1. The preambles to this Agreement are a material part
hereof, and are incorporated herein as part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific
residential development proposal presented by JFMC; (ii) a review
of evidence adduced by JFMC as to the fair market value of the
Subject Property, and (iii) a review of evidence adduced by JFMC
as to its efforts to satisfy Ordinance requirements for the
provision of open space or other recreational areas or facilities
by providing such area within the development.
3. As a result of the foregoing, JFMC agrees to pay an
impact fee of Two Hundred and Thirty -Five Thousand Dollars
($235,000), during the course of construction as follows. Upon
issuance of an occupancy permit for the first apartment unit in
JKS \34840.2 2/10/95 - 2 - •
9�'���3�19.
El �1 1 +9
i
i i
Phase 1 which includes a total of 160 apartment units, FMC will
' pay the sum of $125,000. Upon issuance of an occupancy-permit for
the first apartment unit in Phase 2 which includes 138 apartment
4. 1 ,
units, JFMC will pay the remaining balance of $110,000.
4. JFMC agrees that all payments hereunder shall be
payable to Deerfield and shall be deposited with the Village
Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the
Ordinance.
5. Deerfield acknowledges and agrees that compliance by
JFMC with the terms of this Agreement constitutes full compliance
with the Ordinance, and Deerfield agrees that Developer shall not
be required to make any further or other payments of cash which
are not set forth in this Agreement to satisfy the Ordinance.
6. JFMC waives and releases any and all claims to contest
the provisions of the Ordinance or the payments set forth herein.
Further, Developer waives and releases any and all rights to
contest the time, manner and purpose of. the expenditure of any
fees paid hereunder, and specifically waives any right under
Section Eight of the Ordinance for any refund of fees not
expended within ten (10) years.
7. JFMC and Deerfield agree that the execution and
delivery of. this Agreement by the parties hereto shall be an
express condition included in that certain Ordinance to be
adopted by Deerfield granting an Amended Special Use Permit for
the proposed residential development of the Subject Property. It
JICS \34840.2 2/10/95 - 3 - (�����
is acknowledged by JFMC that any failure on its part to f y
perform all aspects of this Agreement as and when required Shall
entitle Deerfield to cease to issue Building Permits for further
construction and to cease to issue Certificates of Occupancy for
completed residential units.
8. Deerfield and JFMC agree that this Agreement shall be
binding upon and shall benefit the successors, transferees, legal
representatives, grantees and assigns of the parties hereto.
9. This Agreement may only be modified by an instrument in
writing executed by all parties hereto. Execution of this
Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the Corporate Authorities of
Deerfield to direct its execution on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the.day and year first above written.
IN
VILLAGE OF DEERFIELD
By
Village President
JFMC Facilities Corporation
By: �1
T TTTPIT
JKS \34840.2 2/10/95
- 4 -
i
Y
F
t
91
(!�ck,L '- + B
l
DEVELOPMENT AGREEMENT .
JFMC FACILITIES CORPORATION /ARBORLAKE CENTER
This Development Agreement is dated this qoM day of , 1996, by and
between the Village of Deerfield, Lake and Cook Counties, Illinois, a municipal corporation
( "Village "), and JFMC Facilities Corporation, an Illinois not - for - profit corporation
( "Developer ").
RECITALS:
A. The Developer is the owner and developer of certain property in the Village
described on Exhibit "A" attached hereto and made a part hereof (the "Property ").
B. Pursuant to relevant provisions of the Village Zoning Ordinance, the Developer
has made application to the Village for certain approvals, including: (i) authorization of an
Amended Special Use Permit for a residential assisted living facility for the elderly located on
the Property which is a 10 acre portion of the property commonly known as ArborLake Centre
located south of Lake -Cook Road in the Village of Deerfield; (ii) adoption of certain text
amendments to Articles 6 and 8 of the Village Zoning Ordinance to facilitate said development;
and (iii) granting of certain variances from the Deerfield Development Code (as defined in
paragraph G below).
C. Pursuant to due and proper notice, the Village Plan Commission conducted a
public hearing on the Developer's application and submitted its Report and Recommendation to
the President and Board of Trustees.
DWN1228 02/01/96 1431
F
&�i
D. The President and Board of Trustees reviewed the Report and Recommendation
of the Plan Commission and granted the Developer's request for Preliminary Plan Approval on
December 5, . 1994.
E. The Developer has submitted plans, schedules, specifications and other documents
comprising its "Final Development Plan," as defined in the Village Zoning Ordinance. The
Final Development Plan has been submitted to, reviewed by, and recommended for approval by
the Plan Commission.
F. The President and Board of Trustees have reviewed the Final Development Plan
and have (or contemporaneously with the adoption of this Agreement will adopt) adopted all
necessary ordinances, passed all necessary motions, and otherwise granted all necessary
approvals: (i) authorizing the Amended Special Use Permit for the Property; (ii) adopting
certain text amendments to Articles 6 and 8 of the Village Zoning Ordinance; (iii) approving the
Impact Fee Agreement; (iv) approving the Developer's Final Development Plan; and (v) granting
certain variations from the Deerfield Development Code (as defined below). Copies of the
authorizing Ordinance, the Impact Fee Agreement and other approval measures are attached
hereto as Exhibit "B."
G. The Village has heretofore adopted the "Deerfield Development Code"
( "Development Code "). Among other things, the Development Code calls for the Village and
the Developer to enter into a "Development Agreement" relative to the development of the
Property.
DWN1228 02/01/96 1431
N
R642aOIS
H. In accordance with Article III of the Development Code, this qkgrumpt has been
reviewed by the Director of Community Development, the Village Engineer, and the Village
r `
Plan Commission.
I. The parties now desire to enter into this Development Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the Development
Code.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
1. Incorporation of Recitals. The recitals set forth above are incorporated herein
as if fully set forth.
2. Final Development /Improvement Plan.
(a) For purposes of this Agreement, the Final Development Plan shall consist
of the documents submitted by the Developer, as identified in, and approved by the
President and Board of Trustees pursuant to Ordinance No. 0-96-07 For
identification purposes, a schedule of the documents comprising the Final Development
Plan is appended hereto as Exhibit "C" and made a part hereof.
(b) In accordance with Section 3 -101 -B of the Development Code, the
Developer has provided the Village Engineer and the Director of Community
Development with copies of its Final Improvement Plan as part of its Final Development
Plan. The term, Final Improvement Plan, when used herein shall include only those
documents and /or plans, or those specific parts of documents and /or. plans, listed in
DWN1223 02/01/96 1431 3
T3
Exhibit "C" that depict the private improvements. The Village Engineer -and the
Director of Community Development have reviewed said Final Improvement Plan and
they have provided the Plan Commission and President and Board of Trustees with a
letter indicating their recommendations regarding the Final Improvement Plan. The
Village Engineer has also provided the President and Board of Trustees with a letter
indicating receipt and approval of all of the appropriate final engineering plans. Said
final engineering plans are identified as part of .Exhibit "C."
3. Site Development Schedule. In accordance with Section 3- 102- B(4)(a) of the
Development Code, the development of the Property will proceed substantially in accordance
with the schedule attached hereto as Exhibit "D" and made a part hereof. The parties recognize
and acknowledge that this development schedule is subject to variables relating to weather,
strikes, work stoppages, acts of God and other matters outside of the reasonable control of the
Developer, its contractors and subcontractors.
4. Development /Improvement Details. Pursuant to Section 3- 102- B(4)(b) of the
Development Code, all improvements are depicted and detailed on the Final Improvement Plan.
5. Performance Guarantee.
(a) This Agreement contains provisions for private improvements. There are
no public improvements. The private improvements are the improvements identified on
Exhibit "C."
DWN1223 02/01/96 1431 4
:443019
b, -�-►�
(b) The Developer has submitted, and the Village approves, pursuant to
Section 4 -102 of the Development Code, the schedule of private improvements related
to the development of the property, as shown on Exhibit "D" hereof.
(c) Developer is a not - for - profit corporation and, based on the Village's
review and approval of the Final Improvement Plan, the schedule of development and
Developer's financing, Village, pursuant to Sections 3- 102- B(4)(c) and Section 4 -102 of
the Development Code, has provided a reduced performance guarantee described in
Exhibit "E."
6. Approved Conditions. Requirements and Variations. Pursuant to Section 3-
102- B(4)(d) of the Development Code, all conditions, requirements and variations necessary for
the Final Improvement Plans are approved, agreed to, and contemplated by the Planned Unit
Development and Final Development Plan.
7. Compliance with Other Rules and Regulations. Except as specifically provided
herein, the development of the Property shall proceed in accordance with the ordinances
described hereinabove and with applicable provisions of the Deerfield Municipal Code.
8. Remedies. Upon breach of this Agreement, any party in a court of competent
jurisdiction may obtain all appropriate relief, including, but not limited to, specific performance,
injunction or damages. Notwithstanding the foregoing, before the failure of any party to
perform its obligation under this Agreement may be considered a breach, the party claiming such
failure shall notify, in writing, the party alleged to have failed to perform, and shall demand.
performance. No breach may be found to have occurred if performance has commenced to the
DWN1228 02/01/96 1431
5
9642, -Ji'19
reasonable satisfaction of the complaining party within thirty (30) days of receipt of such notice
and if the failing party pursues diligently the curing of such failure.
9. Estoppel Certificate. Developer, its successors or assigns may request and obtain
from the Village a letter or certificate, stating: (i) whether this Agreement and the Ordinances
and resolutions referred to herein are in full force and effect; (ii) which covenants and
requirements of this Agreement and said Ordinances have been fully performed to the best of
the Village's knowledge; (iii) that the Developer is not in default of its obligations under this
Agreement and such Ordinances, or if Developer is in default, the nature and extent of such
default; and (iv) the nature and extent of any amendment or modification to this Agreement or
such Ordinances.
10. Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage
prepaid, or delivered personally to the parties at the following addresses, or to such other
addresses as the parties by notice shall designate:
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
ATTN: Robert Franz
Copy to: Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, Illinois 60601
ATTN: James K. Stucko
DWN1228 02/01/96 1431
n
96423019
If to the Developer: JFMC Facilities Corporation
One South Franklin Street
Chicago, Illinois 60606
ATTN: Richard Katz
Executive Director
Copy to: Rudnick & Wolfe
203 'North LaSalle Street
Suite 1800
Chicago, Illinois 60601
ATTN: Theodore J. Novak
David W. Norton
11. Successors and Assigns. This Agreement shall be binding upon the parties, their
respective successors and assigns.
12. Authoritv. The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
13. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the
parties and are not to be construed as an integral part of the Agreement.,
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
(c) Severability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of
such other provisions, covenants or portions of this Agreement.
(d) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties.
The exhibits to this Agreement are expressly incorporated herein.
DWN1228 02/01/96 1431
VA
96422019
3 (e) Counterparts and Duplicate Original. This Agreement may"15e, executed
in any number of counterparts and duplicate originals, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
and year first written above.
ATTEST:
Villk-e
DWN1228 02/01/96 1431
VILLAGE OF DEERFIELD
Lake and Cook Counties, Illinois, a
municipal corporation
L�/_Lm -
�
..f
JFMC FACILITIES CORPORATION, an
Illinois not - for - profit corporation
By: DL;=SA." L'11�'+
Name: - -c r,v rZ
Title: t z i) i.Ez.m-
96423019
SCHEDULE OF EXHIBITS
1 ,
Exhibit "A" Legal Description of Property
Exhibit "B" Authorizing Ordinance, Impact Fee Agreement and Related Approval
Measures
Exhibit "C" Schedule of Documents Comprising Final Development Plan
Exhibit "D" Site Development Schedule
Exhibit "E" Performance Guarantee
DWN1228 02/01/96 1431
SI
EXHIBIT A b
LEGAL DESCRIPTION OF PROPERTY
Lot 2 in Arborlake Centre, being a subdivision in Sections 5 and 6, Township 42
North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.
DWN1228 02/01/96 1431
A -1
96423019
EXHIBIT B 1 S/
AUTHORIZING ORDINANCE, IyIPACT FEE AGREEMENT
AND RELATED APPROVAL MEASURES
DWN1228 02/01/96 1431
loss
964;Zt3r,.19
-z7--
ORDINANCE NO. 0 -96 -07
.AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON •OF METROPOLITMN CHICAGO
Published in za.mlohlet form t is
20th day of February , 1Q9=
by the President and Board of
Trustees of Deerfield
9642,:1
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITP.N CHICAGO
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the anplicat cn of J_ ?SIC
FACILITIES CORPORATION, an _Illnois not- for- prcfi_ corporation
herein referred to as (1121Jplicantll) to authorize t_ ^_ °_ dev`locment
and use of certain real estate described on Exhibit A (the
"Subject Property ") hereto for an Amended Special use - = ianr_ed
Unit Development, as a residential assisted living facility for
the elderly under and pursuant to the provisions c= Articles
6.01 -C,15, 12.011 12.08 and 13.11 cf the Zcnina Ordinance of the
Village of Deerfield; and
WHEREAS, the corporate authorities of the Village of
Deerfield have previously adopted Ordnance No. 8 ^ -57 authorizing
a Special Use for the Subject Property and other property
adjoining the Subject Property; and
WHEREAS, said hearing for the proposed Amendment to Soecial
Use was held pursuant to duly published notice thereof and was,
in all respects, held according to law; and
WHEREAS, following consideration of the recommendations of
the Plan Commission_ by. the President and Board cf Trustees, the
President and Board of Trustees have considered and reviewed t_
^_z
Final Site Plan prepared by Shayman, Salk; Arenson, Sussiclz
Company dated September 1, 1995, the Final Landscape Plan
prepared by T_ska Associates, Inc., dated September 1, 1995 and
the Architecture and Encineer_ng Plans prepared by Shayman, Sa! {,
P_renson, Sussholz & Ccmpany dated September 1, 1995 (coil =ct ve-
hereinafter referred to as the "Final Development P_an "),
submitted by Applicant and reflecting all revisions from the
previously aooroved Snecial Use; a:,d
WHEREAS, the President and Board of Trust=-=-S of V -llage
of Deerfield have determined' that the best interests of tie
Village will be serve^ by t -= authorization and granting of sald
_mendmen_ to Special TISe - ;ndustrlal Planned Unit D eveI -
G res idential GSS1-sted 11 T1:"_g iaci I it_'v logy tr_e e_de'1y i
accordance w a!--' ccmcone=_ of the _ _nal Dell, el ^,..--e t- _L fc-
the e Sub j ec` _ rcper-v mar.-{ =d Zx-hi loit and at-1-ached, and
made G pG- li=ner_ .
96 42,3,19
ORDINANCE NO. 0 -06 -07
AN ORDINANCE AUTHORIZING AN AIMENDME. NT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
NOW, THEREFORE, BE IT ORDAINED BY TPE. PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK CO—NiTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby
ONE: affirmatively find that the Amendment to Special +
Use, as hereby authorized, fully complies with the
requirements and standards set forth in Articles 12.08 and 13.11 -
D of the Village Zoning Ordnance; and the Amended Special Use of
the Subject Property, as and for purposes of a residential
assisted living facility for the elderly as set forth on all
components of Exhibit B, be and the same is, hereby authorized
and approved subject to the conditions hereinafter se_ forth.
SECTION That the approval and authcrization o= said
TWO: Amendment to Special Use of the Subject Property
as hereby granted is subject to the following
conditions:
That all use, construction and development shall
be in accordance with all components of the Final Development
Plan as described in detail in the foregoing recitals, a copy of
each of which is included and marked as part of Exhibit B and
attached hereto and made a part hereof, all other documentary and
exhibit filings made pursuant to Planned "unit Development
Procedures as for in Article 12.00 of the Villace Zoning
Ordinance including the Development Agreement between the Village
and JFMC Facilities Corporation, the Impact Fee Agreement between
Village and Applicant, the terms of this Ordinance, and all
representations made by the Applicant to the Plan Commission and
President and Board of Trustees.
SECTION That any violation of any off the conditicns
THREE: hereinabove set forth by zhe Applicant or its
successors, grantees, transferees or assigns shall
authorize the revocation of the Amendment to Special Use hereby
authorized.
SECTION That except as spec _ fica =ly mod I' fied ;v the
FOUFc Amendment to Speci _l Use ( i nclud =_ t__= -final
Development Plan aS Ex_' _w_,_
964Zt-3P1�
c "_�i1-
1 Ci �l
ORDINANCE NO. 0 -96 -07
AN ORDINANCE AUTHORIZING AN AMENDMENT TO
SPECIAL USE - INDUSTRIAL PLANNED UNIT
DEVELOPMENT - JEWISH FEDERATON OF METROPOLITAN CHICAGO
the provisions of Ordinance No. 84 -57 shall remain in full force
and effect.
SECTION That the Village Clerk is hereby directed to
FIVE publish this Ordinance in pamphlet form and to
record said Ordinance and that portion of Exhibit
B known as the "Final Site Plan" in the office of the Recorder oa=
Deeds of Cook Countv, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and
SIX: effect from and after its passage, approval and
publication, as provided by law.
AYES: Ehlers, Rosenthal, Seidman, Swartz (c)
NAYS: None ( 0 )
ABSENT: Swanson (1)
RECUSED: Heuberger (1)
PASSED this 20th day of February A.D., 1996.
APPROVED this 20th day of February A.D., 1996.
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERX LD
964Z3019
,as l`�1 I
� AGREEMENT
ao ��
THIS AGREEMENT entered into this q�� day of Fe, a, 7Z U, rZ u ,
1996,,bet%een the VILLAGE OF DEERFIELD, an Illinois municipal
corporation ( "Deerfield ") and JFMC Facilities Corporation
("JFMC").
W I T N E S S E T H:
WHEREAS, pursuant to relevant pro,, _i;1ci3 of ._ii V?.11age
Zoning Ordinance JFMC has made application to Deerfield for
certain approvals, including: (i) authorization of an Amended
Special Use permit for a 10 acre portion of the property known as
the Arbor Lake Center located south of Lake -Cook Road in the
Village of Deerfield for a residential assisted living facility;
and (ii) adoption of certain text amendments to the Office,
Research and Restricted Industrial District portion of the
Village Zoning Ordinance to facilitate said development; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-
93 -48 (the "Ordinance ") pursuant to its Home Rule Powers
recognizing the burden placed on various governmental units
resulting from additional residential development within
Deerfield; and
WHEREAS, the Ordinance establishes certain standards for
dedication of land or payment of fees in lieu thereof in
recognition of the increased burden upon the various governmental
units in Deerfield resulting from additional residential
development; and
JFS \34840.2 2/10/95 A96423019
e:�� /,.; 4; 7�
2-i6�rs-1
WHEREAS, the Ordinance also provides a standard of value of
property allocated for residential use within Deerfield as'a
basis for calculating impact fees in the manner required by the
Ordinance; and
WHEREAS, Section Eighteen of the Ordinance grants authority
to the Corporate Authorities of Deerfield to determine whether or
not a particular residential development will have an impact or
create an impact upon other governmental units within Deerfield
or whether said development will have a lesser or differing
impact than provided for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good valuable consideration, it is
agreed by and between Deerfield and JFMC as follows:
1. The preambles to this Agreement are a material part
hereof, and are incorporated herein as part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific
residential development proposal presented by JFMC; (ii) a review
of evidence adduced by JFMC as to the fair market value of the
Subject Property, and (iii) a review of evidence adduced by JFMC
as to its efforts to satisfy Ordinance requirements for the
provision of open space or other recreational areas or facilities
by providing such area within the development.
3. As a result of the foregoing, JFMC agrees to pay an
impact fee of Two Hundred and Thirty =Five Thousand Dollars
($235,000), during the course of construction as follows. Upon
issuance of an occupancy permit for the first apartment unit in
JKS \34840.2 2/10/95
- 2 -
9642a019
J
4
4.; a a
Phase 1 which includes a total of 160 apartment units, JFMC 1
i�
pay the sum of $125,000. Upon issuance of an occupancy permit for
the first apartment unit in Phase 2 which includes 138 apartment
units, JFMC will pay the remaining balance of $110,000.
a. JFMC agrees that all payments hereunder shall be
payable to Deerfield and shall be deposited with the Village
Finance Director who shall be solely responsible for disbursement
of the funds to the governmental units benefited by the
Ordinance.
5. Deerfield acknowledges and agrees that compliance by
JFMC with the terms of this Agreement constitutes full compliance
with the Ordinance, and Deerfield agrees that Developer shall not
be required to make any further or other payments of cash which
are not set forth in this Agreement to satisfy the Ordinance.
6. JFMC waives and releases any and all claims to contest
the provisions of the Ordinance or the
Further, Developer waives and releases
contest the time, manner and purpose o
fees paid hereunder, and specifically
Section Eight of the Ordinance for any
expended within ten (10) years..
payments set forth herein.
any and all rights to
E the expenditure of any
waives any right under
refund of fees not
7. JFMC and Deerfield agree that the execution and
delivery of this Agreement by the parties hereto shall be an
express condition included in that certain Ordinance to be
adopted by Deerfield granting an Amended Special Use Permit for
the proposed residential development of the Subject Property. It
JKS \34840.2 2/10/95 3 -
964Z301,9
is acknowledged by JFMC that any failure on its part to full.
perform all aspects of this Agreement as and when required, shall
entitle Deerfield to cease to issue Building Permits for further
construction and to cease to issue Certificates of Occupancy for
completed residential units.
8. Deerfield and JFMC agree that this Agreement shall be
binding upon and shall benefit the successors, transferees, legal
representatives, grantees and assigns of the parties hereto.
9. This Agreement may only be modified by an instrument in
writing executed by all parties hereto. Execution of this
Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the Corporate Authorities of
Deerfield to direct its execution on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and
seals on the.day and year first above written.
ATTEST:
Vi =age Clerk
ATTEST:
Its
3KS \34840.2 2/10/ °5
VILLAGE OF DEERFIELD
Village President '
JFMC F(aci` +litites1 Corporation
By 1� 1 .TVA, 1ir� .� 1 Y"
EXHIBIT C
SCHEDULE OF DOCUMENTS COMPRISING FINAL DEVELOPMENT PLAN
1. Doc. No. Z1, Site Plan, prepared by Shayman, 'Salk, Arenson, Sussholz & Company,
dated 9/1/95
2. Doc. No. T1, Title Sheet (including the referenced documents), prepared by Shayman,
Salk, Arenson, Sussholz & Company, dated 9/1/95
3. Doc. No. A2, Site Plan, prepared by Shayman, Salk, Arenson, Sussholz & Company,
dated 9/1/95
4. Doc. No. A2A, Site Signage & Details, prepared by Shayman, Salk, Arenson, Sussholz
& Company, dated 9/1/95
5. Doc. No. A3, Partial First Floor Plan & Site Details, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
6. -Doc. No. A4, Basement Plan, prepared by Shayman, Salk, Arenson, Sussholz &
Company, dated 9/1/95
7. Doc. No. A5, First Floor Plan - Housing Plus 1, prepared by Shayman, Salk, Arenson,
Sussholz & Company, dated 9/1/95
8. Doc. No. A6, Typical Second & Fourth Floor Plan, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
9. Doc. No. Al 1, First Floor Plan - Housing Plus 2, prepared by Shayman, Salk, Arenson,
Sussholz & Company, dated 9/1/95
10. Doc. Nos. A13 -15, Housing Plus No. 1 Exterior Elevations, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
11. Doc. No. A16, Housing Plus No. 2 Exterior Elevations, prepared by Shayman, Salk,
Arenson, Sussholz & Company, dated 9/1/95
12. Doc. No. A19, Building Section and Details - Housing Plus 1, prepared by Shayman,
Salk, Arenson, Sussholz & Company, dated 9/1/95
DWN1228 02/01/96 1431 C -1
�642�3�19
13. Doc. No. A25, Wall Sections - Housing Plus 2, prepared by Shayman; Salk, -Arenson,
Sussholz & Company, dated 9/1/95
14. 'Doc'. No. C1, Site Dimensional Plan, prepared by Manhard Consuting, Ltd., dated
9/1/95
15. Doc. No. C2, Existing Topography and Removal Plan, prepared by Manhard Consuting,
Ltd., dated 9/1/95
16. Doc. No. C3, Grading Plan, prepared by Manhard Consuting, Ltd., dated 9/1/95
17. Doc. No. C4, Utility Plan, prepared by Manhard Consuting, Ltd., dated 9/1/95
18. Doc. No. C5, Offsite Sanitary Sewer, prepared by Manhard Consuting, Ltd., dated
9/1/95
19. Doc. Nos. L2 and L3, Planting Plan, prepared by Teska Associates, Inc. dated 9/1/95
DWN1228 02/01/96 1431 C -2 ��4ow,,41c
Ia
DWN1228 02/01/96 1431
V14-
EXHIBIT D V �/
SITE DEVELOPMENT SCHEDULE
D -1�`��
fl
A 02 CONTRACT AWARDS 22DEC95 08MAY96 >' CONTRACT AWARDS
A 03 VE INCORPORATION 22DEC95 31JAN96 ® VE INCORPOR TION
A 04 MOBILIZE 05FEB96 28FEB96P MOBILIZ
A 05 Begin Survey /Layout 26FEB96 *,Begin Sun ey /(_ayout
A 07 Testing Service on Site 25MAR96 *Tes ing'Serviod on Site
................................. :..... .................... :..................... ..................... .......... .....................
......
A08 I Engineered RIVCompact HP I 25MAR96 28MAY96 :Engineered Fill/Compact HP I
All EXCAVATION (BASEMENT) 27MAR96 01APR96 ■ E CAVATION (BASEMENT)
A 09 EXCAVATION (SOUTH) 28MAR96,03APR96i ® E <CAVATION (SOUTH)
A 30 FOUNDATIONS (BASEMENT) 01APR96 10MAY96 w ° >v FOUNDATIONS (BASEMENT)
A25 SET ELEVATOR CASING 15APR96 19APR96 .3 SET ELEVATOR CASING
.......................... ...........................:.., :......................:....... .
....... .. ...... :...
A10 FOUNDATIONS (SOUTH) 29MAY96 11JUN96 l FOUNDATIONS (SOUTH)
A 40 SUSPENDED SLABS -1ST 29MAY96 11JUN96 M SUSPENDED SLABS -1ST FLOOR
A50 SUSPENDED SLABS- 2ND 12JUN96 02JUL96 D SUSPENDED SLABS- 2ND: FLOOR
A 60 SUSPENDED SLABS- 3RD 28JUN96 19JUL96 EMM SUSPENDED SLABS- 3RD FLOOR
A42 PRECAST- 1 ST FLR 03JUL96 28AUG96 ::=•>,^>� <� M -PRECAST- 1 ST FLR:
............ ..........:............:....... :.. ...........:.............;..... :...........
.......:.. ........... ..................... •..................:...
A 38 MEP EQUIP /SERVICES- 22JUL96 08OCT96 MEP EQUIP /SERVICES- BASEMENT :
A70 SUSPENDED SLABS- 4TH 22JUL96 09AUG96 EEO SUSPENDED SLABS- 4TH FLOOR
A190 MASONRY (EXTERIOR) 25JUL96 18OCT96 mm MASONRY (EXTERIOR)
A45 MEP EQUIP /SERVICES -1 ST 12AUG96 29OCT96 r> , ^?' MEP EQUIP /SERVICES -1 ST FLR
A80 SUSPENDED SLABS- 5TH 12AUG96 30AUG96 M SUSPENDED SLABS- 5TH FLOOR
.: ......................................<..........................:...........................: ........................... .I... .....................
...
A 32 S.O.G.- BASEMENT 22AUG96 04SEP96 M S.O.G.- BASEMENT
A198 PUNCHED WINDOW UNITS 29AUG96 250CT96 .! PUNCHED WINDOW:UNITS
A90 SUSPENDED SLABS- 6TH 02SEP96 24SEP96 1 SUSPENDED SLABS- 6TH F 00R'
A 34 BASEMENT MASONRY 05SEP96 27SEP96 . . r__//W_faBASEWIENT MASONRY
A 41 S.O.G. -1 ST FLOOR 13SEP96 040CT96 I S.O.G.- 1 ST;FLOOR
....:. ......................... �............:. ' .................... . ' . ' R-.......... .:............:.............:..
A44 STUDS /ROUGH MEP -1ST FLR 17SEP96 12D 96 STUD S /ROUGH._M EP- 18T FLR
A52 STUDS /ROUGH MEP- 2ND FLR 25SEP96 12NOV96 STUDS /ROUGH MEP- 2ND FLR
A100 SUSPENDED SLABS- ROOF 25SEP96 1220CT96 ID SUSPENDED SLABS -:ROOF
Project Step 01NOV03 /t E.dy 0. REV7 Street i of 5
Project Fkdeh 27MAV0y �o P,0916.6 Ser WEINBERG PROJECT oat. RwiW- Checked Approved
Date Data ISAPROd f.Mlool Activity JFMC FACILITIES CORPORATION
�
pDme ITAPR98
O p k—ven System*, in& Power Contracting & Engineering Corp
A 43
1 ST FLR Interior Masonry
30SEP96
11 OCT96
A102
SUSPENDED BEAMS-
180CT96
14NOV96
A 62
STUDS /ROUGH MEP- 3RD FLR
230CT96
12DEC96
A195
ELEVATORS
230CT96
20JAN97
A 36
PAINTING BASEMENT
28OCT96
15NOV96
A 71
STUDS /ROUGH MEP- 4TH FLR
06NOV96
27DEC96
A54
DRYWALL- 2ND FLOOR
13NOV96
06JAN97
A 82
STUDS /ROUGH MEP- 5TH FLR
15NOV96
15JAN97
A104
PH MECH. EQUIP. DELIVERY
15NOV96
16DEC96
A108
PRECAST- PENTHOUSE
15NOV96
09DEC96
A192
ROOFING
20NOV96
20JAN97
A 92
STUDS /ROUGH MEP- 6TH FLR
03DEC96
29JAN97
A160
PRECAST - CANOPY
10DEC96
23DEC96
A 64
DRYWALL- 3RD FLOOR
13DEC96
03FEB97
A106
PENTHOUSE HOLLOW CORE
17DEC96
31DEC96
A440
MEP EQUIP /SERVICES- PH
17DEC96
14APR97
A 72
DRYWALL- 4TH FLOOR
30DEC96
17FEB97
A56
PAINTING 2ND FLR
08JAN97
11 FEB97
A 46
DRYWALL -1ST FLOOR
14JAN97
24MAR97
A84
DRYWALL- 5TH FLOOR
16JAN97
05MAR97
A 66
PAINTING 3RD FLR
21JAN97
17FEB97
A94
A 68
DRYWALL- 6TH FLOOR
MILLWORK - 3RD FLR
30JAN97
04FEB97
19MAR97
31 MAR97
A75
PAINTING 4TH FLR
04FE897
03MAR97
A 58
MILLWORK - 2ND FLR
05FEB97
01APR97
A 78
MILLWORK - 4TH FLR
18FEB97
17APR97
A 86
PAINTING 5TH FLR
20FEB97
19MAR97
A47
PAINTING 1ST FLR
25FE897
31MAR97
A 96
PAINTING 6TH FLR
06MAR97
02APR97
+4 1 ST FLR Interior Masonry;
» >> SUSPENDED BEAMS- PENTHOUSE
........... :............. ..... ............... ......... .... .................... ......... ................................................................................................... ...... ........
^s ^ STUDS /ROUGH MEP- 3RD FLR
ELEVATORS.;
D PAINTING BASEMENT
` ^> .STUD,5/ROUGH MEP- 4TH FLR
DRYWALL-. 2ND FLOOR
.............:...........................:...........................;.............:....... ............................... ........ >
ST•.UDS /ROUGHMEP- 5TH FLR
f ^> »> PH MECH. EQUIP. DELIVERY
PRECAST; PENTHOUSE
:r�f:<•K:. >u•:.M• .: ROOFING
STUDS /ROUGH MEP- 6THFLR '
N.I.ct Start 01NOV03
R.I.a Fw.A 27MAY07
°a " °'" 1APH00
P1.1 0.t. 17APN00
O Prtm.r.n Sy.1.m., IOa
YKIN I INU ZNU t-LH
NEV3 SOwt $ al 6
WEINBERG PROJECT
s�'��Z!V ' JFMC FACILITIES CORPORATION
Power Contracting & Engineering Corp
DRYWALL- 1 ST FLOOR
Dal.
DRYWALL- 5TH FLOOR .
GA.ck.E
PAINTING 3RD.FLR
`
:•.-.t,.,,. DRYWALL- 6TH; FLOOR
...... ........ ....................
...............................
MILLWORK :3RD FLR
PAINTING 4TH FLR
MILLWORK :2ND FLR
MILLWORK - 4TH FLR
E� PAINTING 5TH FLR
:..........: ............................ .....................................................................
I.......
PAINTING 1ST FLR
It PAINTING 6TH FLR
N.I.ct Start 01NOV03
R.I.a Fw.A 27MAY07
°a " °'" 1APH00
P1.1 0.t. 17APN00
O Prtm.r.n Sy.1.m., IOa
EaAy Bar
®® Pt09r..66ar
MR uut.r """''
NEV3 SOwt $ al 6
WEINBERG PROJECT
s�'��Z!V ' JFMC FACILITIES CORPORATION
Power Contracting & Engineering Corp
Dal.
I Rwi.lon
GA.ck.E
A r.r !
A48
MILLWORK - 1ST FLR
11MAR97
22MAY97
................... :.......................... :.........................
MILLWORK- 1S
MILLWORK 5T
MILLWORK- 6TH
KITCHEN EQUIP
£3 Carpet 3rd Floor
; :M Carpet - 2nd Floor
COMMISSION E
EM Carpet = 4th Floor
............... ............ :..................
0 Carpet :1st Floor
D PUNCH LIST::
D Carpet 5th Flo
a .Carpet'- 6th Flo
Ix-SUBSTANTIAL
A 88
MILLWORK - 5TH FLR
20MAR97
19MAY97
A98
MILLWORK 6TH FLR
20MAR97
19MAY97
A333
KITCHEN EQUIPMENT
01APR97
15MAY97
A 69
Carpet 3rd Floor
02APR97
09APR97
A 59
Carpet 2nd Floor
03APR97
14APR97
A441
COMMISSION EQUIPMENT
15APR97
19MAY97
A 79
Carpet - 4th Floor
21APR97
25APR97
A49
Carpet -1st Floor
16MAY97
22MAY97
A442
PUNCH LIST
20MAY97
26MAY97
A89
Carpet - 5th Floor
21 MAY97
27MAY97
A 99
Carpet - 6th Floor
21 MAY97
27MAY97
A470
SUBSTANTIAL COMPLETION
I
27MAY97
G,V0v 1V
N.1_1 slut 01NOV00 Eulypu REV] Shoe17 W 5 pot. R.VIJ.O Chocked A V.d
P,.,.nFW.h 2711AV07 t�t�ri WEINBERG PROJECT ppro
p' " p"' D.I. 17APR00
1APR00 `"'°' "" ""
Plot JFMC FACILITIES CORPORATION
G P1h_..l. sV.lem.. lno. Power Contracting & Engineering Corp
U.
AWL, : 2::><;:•>;:;> �:;<:::::> �;: �::::::::::? �?:::'•;:::%:>: �,;»:::>;:;:<:>%•
� :;;.:�•::;;<
>.: » >:�: >•: >;,:;;;:
............:.............:..........:.............
..... ....... ...... :.....
fi < EXCAVATION
1=1 Engineered Pill/Compact HP II
FOUNDATIONS
MASONRY WALLS /PRECAST
3 STEEL JOISTS &DECKING
............................... ...................... .......................... ............. ..................... .................
D SLAB -ON -GRADE
a ROOFING
STUDS /ROUGH MEP
E D PUNCHED WINDOW UNITS
t""'"��s;:..::..:^ DRYWALL
... ..... ...
_ t PAINTING
! MIUWORK
0 PUNCH LIST
=0 Carpet Housing Plus II
PI-SUBSTANTIAL COMPLET
A499
EXCAVATION
17APR96
14MAY96
A501
Engineered Fill/Compact HP II
15MAY96
05JUN96
A500
FOUNDATIONS
06JUN96
11JUL96
A510
MASONRY WALLS /PRECAST
12JUL96
22AUG96
A520
STEEL JOISTS & DECKING
19JUL96
22AUG96
A530
SLAB -ON -GRADE
09AUG96
05SEP96
A540
ROOFING
23AUG96
20SEP96
A550
STUDS / ROUGH MEP
06SEP96
04DEC96
A515
PUNCHED WINDOW UNITS
24SEP96
21 OCT96
A560
DRYWALL
05DEC96
31JAN97
A561
PAINTING
06JAN97
07FEB97
A566
MILLWORK
10FEB97
14MAR97
A571
PUNCH LIST
17MAR97
21MAR97
A568
Carpet - Housing Plus II
18MAR97
08APR97
A590 (SUBSTANTIAL
COMPLETION I
08APR97
V" T-
lT'
P,oj,d SW
P,.jw FW.h
01NDYa5
27M17i7
,.E�^�..•^^%�:^t�^:�
E.dy D•,
Pwp. Bu
� u
RE"'
WEINBERC PROJECT �4a5
0•1•
R «��«,
Clrtk•d
A �ar.d
D."D.I.
ISAPRDO
r s >•:.°-
:°A <:. > °:._ -:7 o,db1A.0.4
JFMC FACILITIES CORPORATION
Plw DM.
17APROG
C Ai--
M.
Power Contracting & Engineering Corp
A600 SITE UTILTIES 15APR96 17M'AY96 f SITE UTILTIES
A604 ROUGH GRADE ROADS 20MAY96 04JUN96 9M ROUGH GRADE ROADS
A611 SITE CONCRETE 05JUN96 17JUL96 SITE CONCRETE
y,
A314 FINE GRADE 18JUL96 31JUL96 D FINE GRADE ,
A625 PAVE DRIVES 18JUL96 14AUG96 PAVE DRIVES
.......................... :..... ..........
................................................................... :........................... :............. ........... ......... ......................
A630 LANDSCAPING 15AUG96 18OCT96 r « <• > >: •..: r•,:;<•: LANDSCAPING•
W
rip
1
Ploj.cl St."
0INOV96
EMy By
era
SI-16 of 6
vloJ.+vnl.n
x7kuro7
1o.a.9u
� vy1
WEINBERG PROJECT
0.1.
lCh.ck.d
A plov.d
x1.0.1.
16AVN00
e'•'::.'
w1114.1 ACtNry
JFMC FACILITIES CORPORATION
Plot dl.
17AVN90
Power Contracting & Engineering Corp
EXHIBIT E , ' I
PERFORMANCE GUARANTY 3 a 'j
r
DWN1228 02/01/96 1431 E -1
AFR 19 .'96 10: 49AM P. 2
.1 .
LhQ11e'* National Bank
INTERNATIONAL BANKING LASALLE BANKS
2004#ew Monroe 81mt
Chi_
,.o, Illinois 60606 -5002
(31 904-8462
Telf)elm 190393 Arlo
8w* LASLUS44
FA 57
-CIU 1 3-3
GC.) cfi(sl�Z-A= 1cpN
IRREVOCABLE 5TANDIY I•ETTER f3f:, (RED IT NO. 120000241
ISSUED IN CH:�CAGO, ILUIN&S un 12 FAR 11%
APPLICANT:
JFMC FACILITIES CORPORATION
I SOUTH F•AHKLIN STREE, RODM 621
CHICAGO, IL 60606
AMOUNT; USD *02003000-00
TWO HUNDRf.:D THOUSAND AND 00000
Unit& St*tms Dollars
CREDIT AVAILASLU WITH:
THE ISSUING BANK
t
BY: PAYMENT
AVAILABLI BY DRAFTS AT G16HT DRAWN OM,.
I-ASAL.L.E NATIONAL. &)NK
CHIC A005 10i. 1NOIS
f
DENEFICI AIRY :
VILLAGE OF PEEN•IELD
e10 WAUKEGAN ROAD
DSERFIELD, IL 60015
DATE AND PLACE UP rXPIRY:
31 MAY L998.
ISSQINS BANK'S COUNTERS
WE HERESY ISSUE IN YOUR PAVOR THIS IRREVOCAILK STANDBY LZTTER Op
CREDIT WHICH IS AVAILAILE FQR PAYMENT UPON PRUSeNTATION OF THIF
FULLOWINO DOTUMENT0
SANEPICIARY'B SIONED CERTIFICATE IN THE FORM OF A LETTER
STATINGi "J INC FACILIT1Es; CORPORATION, AS DEVELOPEPp HAS
DEFAULTED IN ITS OBLIGATION TO COMPLETU AND/OR PAY FOR THE
INSTALLATION OF PUBUIC AND PRIVATE IMPROYEMENTS, AS HeREIN
DEFINED9 WHICH INCLUDES SUT IS NOT 01111TED TO; EXCAVATION,
STRECT PAVEMENY, SIDIIWALKS, 2CWERSO UMOEPSROUND IMPPOVS&NTI�
WATER MA11*4 AND APPURTaNMNCrS, PENCIMBF LANDSCAPING, Fa%4 VAMAeE
OR NUISANCE nUAIMS OR RECAPTURE CHARGES."
THIS ORIGINAL STANDOY =TTER OF CRCOIT MUST ALSO 135 PRVENTED GO,
THAT THE AMOUNT OF ANY FAR TIAK DRAW UPON THIS LETTER OF rR15DIT
NAY 131 ENDOR9ED UPON THE REVERSE HFREOF, PRIOR TO RE INN 110TUOMCD
TO THE 15NEFICIAnY, OR SO THnT THIS LETTER OF CREDIT QAN BE
RETAINED AND CANCELLED IF THE ENTIRE SACANCE OR REMAININB
BALANCE OF THE CRID7T AMOUNT IS DRAWN HEREUNDER.
THIS CREDIT IS SUBJeCT TO
DOCUMENTARY CREDITS, ISTS
COMMERCI, PUBUICATrON NO.
FORM NOT99-CF0110 AUG 95
THE UNIFORM CUSTOMSIAND PRACTICE FOR
rEVISION, INTERNATIONAL CHAMSITR OF
500. THE NUMBER OF THE CREDIT AND THE
0
cm
LaSalle National Bank
INTfRNATIONAL BANKING LASALLE BANKS
Monroe Street
Illinois 60606-5002
100303
&SLUS444
NAME OF OUR BANK MUST Sk UUOTC* ON AQL 0PArTA REQUIRED,
J,2
3��1s1
DRAMS) AND/OR DOCUMENTS MUST BE PRESENTED AT THE OFFICE OF
LASALLE NATIONAL BANK, 200 W. MONROC STREET, SUVE ;1 10o
CHICA00, IL 6060&r NPT LATER THAN 000 P.M. 10.5.T, ON OR BEFORE
THE EXPIRY DATE,
1-41:-. UNDERTAKE THAT DRAFT (S) NPAWN AND NRESENTED IN CONFORMITY
WITH THIS CREDIT W14L BE DULY HONORED.
PARTIAQ DRAWINOT PERMITTID.
AUTHORIZED SKNATUPR(0)
IIILO
FORM 015104m"c no
I 17-T
9
d
Is Is
--- --- ---- ----- -- - - ---- ------ - ------ ---- ------------------ -----
+ - +
PAV 145
el CAIN
- -�p61r.G ,Ip1]C rIRn-
4MIp ro reuN
-
m:�• k e'
Orin r eTAU Face u
Project Site Area:
rrP
Acres 3
i
A16
N9tl ad6EZ arm � (AIRER
.
.
_ -_ ____= E%a7IIG aRC1a:fE arm .artr6n
Spaces
" + LYA+rIIg eTYOd1p
e
STATE OF [ILLINOIS
STATE OF IINOIS '
Lnnx�a.rme,
i
�«'°°�
of
AHD COOK COUNTIES, IWNOIS. AT A MEETING HELD THIS aSi•h
DEERFIELD, LAKE AND COOK COUNTIES. ILLINOIS. AT A MEETING HELD TH153dN
DAY OF i11 1l.1996 _.
i
I+
Building Lot Coverage:
,9w
�C
rsT4. -e.
>x
-----------------------------------------------------------
............................... .. .. �..�
r
,
At3
IWI5'
t'nsT4» ■oAO -
■■■ �■ �' J■■■■■■ �i���1■ I���IIf�� ■, ■ ■ ■ ■'!!!! ■ ■! ■ ■!I! ■ ■�• ■ ■t7ICPilT�!�!i �
i'S I %c!1s.2, .. m . != _su■anailna - - --
Ow■■■■ a &■■00110 , [ it : yc p■
ulAlan. ■muunnaan�areaaa0046ea+i ■oals0+ ealle�esaa ■as¢a I¢
1_ r �Ce•r¢rn6ac?teAtAnA;� rlM � •
O
a ���abrar
- �-
■ oil
-
FUTURE
LCE 6 an ::ii: •' Ell & 5TORl'
HOU5[Nr, PLUS I _j
136 —A�TS
■
— "° - -
■oaawa■:i E'3 ' ' : -
- - —�
ra
si si tnnCH o ^ - . S�
✓
m SITE PLAN
38
eDA4E. van . m
Project Site Area:
0 1020- 40 80 FEET
Acres 3
LEGM
'815
N9tl ad6EZ arm � (AIRER
.
.
_ -_ ____= E%a7IIG aRC1a:fE arm .artr6n
Spaces
" + LYA+rIIg eTYOd1p
.
STATE OF [ILLINOIS
STATE OF IINOIS '
COUNTY OF LAKE & COOK
COUNTY OF LAKE @ COOK "
APPROVED BY THE PLAN COMMISSION OF THE VILLAGE OF DEERFIELD. LAKE
'APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
AHD COOK COUNTIES, IWNOIS. AT A MEETING HELD THIS aSi•h
DEERFIELD, LAKE AND COOK COUNTIES. ILLINOIS. AT A MEETING HELD TH153dN
DAY OF i11 1l.1996 _.
DAY 11994-
SIGNED}d:.r✓ SIGN
C
AESIDE
ATTEST ATrESFJV.k t
_ - - 7l1AGE CLERK
OWNER'S CERTIFICATE
STALE OF ILLINOIS
COUNTY OF LAKE 6 COOK
THIS 6 TO CERTIFY THAT JFMC FACILITIES CORPORATON
IS THE OWNER OF -THE PROPERTY DESCRIBED ABOVE AND
K45 CAW
THE SITE LAYOUT PLAN TO BE PREPARED AS
SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET
FORTH. AS ALLOWED AND PRVADEO BY STATUTES THE
SAID CORPORATION DOES HEREBY ACKNOWLEDGE AND ADOPT
THE SAYE UNDER THE TITLE AFORESAID.� /L�
DATED AT CXA %6074- THIS A �"WY OF_� 19!�C
BY: ATTEST:
ME: TITLE t
7Att• C `y„
NOTARY'S CERTIFICATE
STATE OF ILLINOIS
COUNTY OF LAKE k COOK
I, A NOTARY PUBLIC IN AND FI1R 541D Cp{JNi1' PAID STATE
AFORESAD. DO BY CERTIFY THAT ii..�.dx[+s`- .++4yTL (NAME).
&AWb ■ 11 - P}TITLE) IS PERSONALLY KNOWN TO ME TO BE THE SAME
PERSON WHO IS SUBSCRIBED TO THE FOREGOING CERTIFICATE OF OWNERSHIP,
APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THE
EXECUTION OF THIS INSTRUMENT IN HIS /HER CAPACITY FOR THE USES AND
PURPOSES THEREIN SET FORTH AS THE FREE AND VOLUNTARY ACT AND DEED OF
SAID CORPORATION.
OMEN UNDER MY HAND AND NOTORIAL SEAL. THIS IK DAY OF_ X.
19
L�o.�m.o
NOTARY PUBLIC
PROJECT DATA
GROSS SITE DATA
Goss Site Area:
38
Acres S
Project Site Area:
10
Acres 3
PARKING
Existing Parking:
'815
Spaces
Proposed Additional Parking - Phase 1:
169
Spaces
LOT COVERAGE CALCULATIONS:
..
ORIGINAL
Site: (38 Acres)
1.646.007
SgTt
Office Buildings:
113,610
SgFt
Large Parking Structure:
70.770
SgF1
Future Parting Lot:
48,036
SgFt
Hole):
53,884
SgFt
total Lot Coverage:
.2&,JOO
Sgn = 17.J9A
WITH PHASE I ADIXfION -
Site: (38 Acres) 1,646,007 SgFt
m Neutra S +eel Bidding: 37,870 SgFt
Alter Building:
25,278
SgFI
Parking Garage:
70,770
SgFt
Hotel:
53,884
SgFt
Housing Plw E
32,022
Sgft
Connecting Corridor:
842
SgFt
Housing Pkn 1:
25,211
SgFt
' Total Lot Coverage:
145,877
Sgft = 14.94;
SHAYMAN
-SALK
ARENSON
SUSSHOLZ
& COMPANY
630 DUNDEE ROAD .
NDRDB10OK. ILL¢W6 60062 .
706 -564 -6333. FA 708 -5W -9918
Z.w
O Z
~ U
a W.
aa
J
� O
O co
V a
W
~
J W _ O
• v ac
a a
LL 0
r% W
Z
OC
rJ
a
W
IF
PROJECT SITE DATA
m
Z.
LL
Site Area:
439,810
SgFt
`eW
Building Lot Coverage:
58,075
SuFt"
Roadways: -
62,936
SgFt
Parking Lots and Drives:
74,039
SgFt
,Sidewalks and Patios:
21,528
SgFt
Total knpervioas Area:
116,578
Sgil = 4924T
NO. DESCRIPTION DATE
Lordscope Area:
11J,JIJ
Sgfl = 50.76S
Total Building Area Above Grade
170.695,
Sgrt
FLOOR AREA RATIO
0.39
BUILDING DATA
PHASE I - HOUSING PLUS I
,&(22 2- BEDROOM APARTMENTS PLUS 103 I-
BEDROOM APARTMENTS = 125 RENTABLE APARTMENTS)
REVISIONS" "
(I 2- BEDROOM RESIDENT ENGINEERS APARTMENT = 126
APARTMENTS TOTAL)
Boserrlerd
11,4 11
SgFt
SIGNATURE -
lst Floor
32,022
SgFI
2nd Fluor
22.524
SgFI
3rd Floor
22.524
SgFt
4th Floor
22,524
SRFt
5th Floor
22.524
SgFI
6th Floor
Penthouse
22.524
6,158
SgFI
SRFt
CONNECTION CORRIDOR
842
SgFt
KEY PLAN
Nor ro euu
HKIISING PLUS 0
25,211
SgFt
DRAWN BY APPROVED BY
(35 BEDROOMS)
-�
JOB•N0. DATE
TOTAL,
188,164
wl = 49A
W5. g -I -g5
SHEET NO.
dal Number of DPel6ra Units - Phase I
161
Moxir.urn Building Height
75
Feel
Z I .
_
I
1
95;
SHAYMAN
rte/ t SALK
r= 11 ARENSON
SUSSHOLZ
kill
COMPANY
-17 1 -1 11 11.8"
im 4 '1 F k,
rr
,a.
e
I
1 y�
HOUSING PLUS 1
- ➢F_______"I
PLANTING PLAN
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SALK
ARENSON
SUSSHOLZ
& COMPANY
m rasa son
mmtssmL stros most
ta��e. -mn. ru ta- x.-fs®
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JFMC FACILITIES CORPORATION
WEINBERG PROJECT
@ ARBORLAKE CENTRE
DEERFIELD, ILLINOIS
CODE REOUIRPAENTS - HOUSING PLUS I
BUILDING CLASSIFICATION:
R2 FLOORS Iwo IHROUGH SIX
Huq.
A} FIRST FLOOR k BASEMENT
CONSTRUCTION CLASS:
2.A
MINIMUM FIRE RESISTANCE (HOURS):
6411:
IaILN1W bl wul�,
j
(al[R10N rrlTh -BI w1N4
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ODf. RLODU2ia.ILtiiS - HOUSING PLUS 2
BUILDING CLASSIIICAIIUN 17
11N)1Hu('IRIN CLASS 2A
lJINI)AUTA fINI RI X, I AN( 'I (HUUR'i):
lalLNrq Wwn1U _
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0
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ZONING DAIA INFORMATION
lUl tONWO DCSAAIU
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16.
1OA01hC OLRbr6 --
o- v.o-r ..�.�.R1
OWNER
JFMC FACILITIES CORPORATION
I S. FRMAKLAC ROCM AIS
CHCA00, C. 60606
ARCHITECT
SHAYMAN, SALK. ARENSON, SUSSHOLZ & COMPANY
630 OIIRDEE ROAD. NORIHLV?DDK. a. 60062
(701) 561 -8355 1AI: (108) 561 -9989
- FOW SERVICE - -. --
DESIGN ASSOCIAiI'S INCORPORAiI'D
021 S RVAIII Ml Su11t E1: ;C1aUNUuWC, a. 60193
(7 )8) 921 -x501 IV. (lob) 921 -8505
CARL ENGINEERS
MANHARD CONSULTING LiD.
900 WOODLANDS PARAAAt, SLR" WILLS, It 60061
(74E) 651 -5550 FAA. (A)8) b34 -0095
LAFI)SCAFE MWI.1111:1
TE�KA A.SSO1.1AILS, INC.
627 ;RIM SI. IPARSIW, a. 60701
(101! ab9 -(013 IAI (ANU) tln9-21Y.A
STRUCTURAL LNGINELR
DEER GORSKI & GRAFF. I iO.
228'I RA61111 AA. OAM CIOCAW. a. W16U4
cm) 959 AM/ IAI (112) 939 1014
NEI;IIANI.M, 111CIRWAI.
HUMIING. 1110 f1011EC101N
G.AIAZE-KOROBKIN- CALOGF.R, INC.
205 x. WACKER DR. 02101) CtWACO, a. 60606
(312) bU -5988 IAI. (511) 641 -1462
RDRIN%
ALTERNATE NO. 9
LAKE COOK ROAD
VL
�2 FRONTAGE ROAD
2a
HIM nVillill'i
00P 0 RE 3
0
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r -
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113
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...... ......
N
ASSOCIATION SITEPLAN
.....................
SIDE ELEVATION- FRONT ELEVATION - SIDE ELEVATION -
SIGN N0.__2._. SIGN NO. 2 W SIGN NO. 4
ALTERNATE NO. 9 I
ALTERNATE NO. 9
OSECTION SIGN NO 2 -ALTERNATE NO. 9
EDENS SPUR 1-94
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