O-00-31ORDINANCE NO. 0 -00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
Published in pamphlet form this
5th day of Septembep2000
by the President and Board of
Trustees of Deerfield.
JKS 281033 v September 13, 2000
ORDINANCE NO. 0-00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public
hearing on the application of LaSalle National Bank as Trustee under Trust No. 104882, dated
August 17, 1982, and Flodstrom Construction Corporation (collectively, the "Applicant ") for an
Amendment to a Special Use for a Planned Unit Development of certain property (hereinafter the
"Subject Property ") located within the Village in the I -1 Office, Research, Restricted Industry
District and to authorize the development and use of the Subject Property legally described on
Exhibit A attached hereto as a Special Use Planned Unit Development, under and pursuant to the
provisions of Articles 6.01 -C,5, 12.00, 12.08, 12.09 and 13.04 for an office building as hereinafter
more particularly described on the Subject Property; and
WHEREAS, said hearing 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 and
the Preliminary Development Plan by the President and Board of Trustees, the President and Board
of Trustees have considered and reviewed the submitted Proposed Site Plan and Building Elevations,
dated June 23, 2000, prepared by Partners in Design, Architects, and the Landscape Plan, dated June
5, 2000, prepared by Pugsley & Lahaie Ltd. (collectively, the "Final Development Plan"); and
WHEREAS, the corporate authorities have reviewed the form and substance of a
Development Agreement for the Subject Property between the Village of Deerfield and the
Applicant, which Development Agreement is attached hereto as Exhibit C and made a part hereof;
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 Planned Unit Development for the Subject Property in accordance with
the Final Development Plan for the Subject Property marked Exhibit B and attached hereto and made
a part hereof, and by the further finding that the. Final Development Plan is in substantial
conformance with the previously approved Preliminary Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS
AS FOLLOWS:
1KS 281033 v1 September 13, 2000
ORDINANCE NO. O -00= 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
SECTION That the President and Board of Trustees do hereby affirmatively find (1) that
ONE: the Amendment to Special Use as hereby authorized, fully complies with the
requirements and standards set forth in Articles 6.01 -C,5, 12.00, 12.08, 12.09
and 13.04 of the Village Zoning Ordinance, and the Amendment to Special Use of the real estate,
as and for purposes of the development of an office building as set forth on Exhibit B subject to
certain conditions as more particularly set forth below, and (2) that the Final Development Plan is
in substantial conformance with the previously approved Preliminary Development Plan and that,
therefore, said Amendment to Special use shall be and the same is hereby authorized and approved
subject to the conditions hereinafter set forth in Section Three.
SECTION That the Applicant's request for the following variations and modifications
TWO: as shown on the Final Development Plan are hereby authorized and approved:
(i) a front yard setback of 76 feet, 6 inches in lieu of the required 100
feet;
(ii) 156 parking spaces in lieu of the 161 required;
(iii) parking spaces 18 feet 6 inches in length in lieu of the required 19
feet; and
(iv) a ground sign may be located in the required 100 foot front yard
setback.
SECTION That the approval and authorization of said Amendment to Special Use is
THREE: hereby granted subject to the requirements that all use, construction and
development shall be in accordance with, in addition to the submitted Final
Development Plan, all documentary and exhibit filings made pursuant to Planned Unit Development
Procedures as set forth in Article 12.09 of the Village Zoning Ordinance, the terms of this Ordinance,
the terms of the Development Agreement, all representations submitted and made by the Applicant
to the Plan Commission and President and Board of Trustees, and is also subject to compliance by
Applicant with all other applicable provisions of the Village Zoning Ordinance.
SECTION That the Amendment to Special Use hereby authorized shall be binding upon
FOUR: and inure to the benefit of Applicant's successors, grantees, transferees and
assigns and any violation of the conditions 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.
JKS 281033 v September 13, 2000 2
ORDINANCE NO. 0 -00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
FIVE: pamphlet form and to record said Ordinance and that portion of Exhibit B
known as the "Final Development Plan" in the office of the Recorder of
Deeds of Lake County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and effect from and after its
SIX: passage, approval and publication as provided by law.
AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: Heuberger (1)
ABSENT: None (0 )
PASSED: This 5th day of September A.D., 2000.
APPROVED: This 5th day of September A.D., 2000.
V/LrAGE PRESIDE
A%
VIL. AGE CLERK
1KS 281033 v September 13, 2000 3
DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") entered into as of this 5th day of
September, 2000 by and among FLODSTROM CONSTRUCTION CORPORATION, an
Illinois corporation (the "Developer "), FLODSTROM INVESTMENTS, L.L.C., an
Illinois limited liability company ( "Owner ") and the VILLAGE OF DEERFIELD, an
Illinois municipal corporation (the "Village ").
Recitals:
WHEREAS, the Owner holds beneficial title to certain property located within the
Village legally described on Exhibit A attached hereto and made a part hereof (the
"Subject Property ") which is included in an area of the Village comprising the Lake -
Cook Road Tax Increment Financing District (the "TIF District ") created pursuant to the
provisions of 65 ILCS S /11 -74.4, et seq., as amended (the "Act "); and
WHEREAS, in accordance with the terms and provisions of the Act, the Village
seeks to achieve the redevelopment and improvement of properties included in the TIF
District and has accumulated revenues to assist in the implementing and realization of
these objectives (the "TIF Funds "); and
WHEREAS, the Owner and Developer have petitioned the Village for certain
relief consisting of a request for TIF Funds, along with requested exceptions to various
standards contained in said District, to facilitate the development of the Subject Property
in a manner consistent with the objectives of the TIF District; and
WHEREAS, the Corporate Authorities of the Village have received and approved
the favorable recommendation of the Village Plan Commission relating to the
development plan submitted by the Owner and Developer for the Subject Property; and
WHEREAS, in connection with said development plan, the Corporate Authorities
of the Village have received the favorable report and recommendation of the Village Plan
Commission as to the Preliminary Development Plan submitted by the Owner and
Developer; and
WHEREAS, the corporate Authorities of the Village have determined that the
proposed development of the Subject Property legally described on Exhibit A, and as set
forth in the immediately preceding recitals, and as further amended by the Owner and
Developer following its submission to the Corporate Authorities is consistent with the
goals and objectives of the TIF District, specifically, the completion of the remaining
undeveloped portion of the area commonly known as the "Brickyard "; and
WHEREAS, the Village has TIF Funds available to assist and implement the
development of the Subject Property in accordance with the proposals presented by the
Owner and Developer to the Village Plan Commission and to the Corporate Authorities;
and
WHEREAS, the Developer has submitted plans, schedules, specifications and
other documents comprising its "Final Development Plan ", as defined in the Village
Zoning Ordinance and the Final Development Plan has been submitted to, reviewed by,.
and recommended for approval by the Village Plan Commission; and
WHEREAS, the President and Board of Trustees have reviewed the Final
Development Plan and have adopted all necessary ordinances, passed all necessary
motions, and otherwise granted all necessary approvals: (i) granting the requested TIF
Funds and exceptions to various standards contained in said District; (ii) approving the
Developer's Final Development Plan; and (iii) granting the variations from the
Development Code as described hereinbelow. A listing of the authorizing ordinances and
other approval measures is attached hereto as Exhibit B; and
WHEREAS, the Village has heretofore adopted a "Village of Deerfield
Development Code" ( "Development Code ") by Ordinance No. 93 -53. 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 Subject Property; and
WHEREAS, 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, all of whom have made recommendations to
the President and Board of Trustees; and
WHEREAS, the parties now desire to enter into this Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the
Development Code and to reach the goals and objectives of the TIF District.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto, as
follows:
1. Incorporation of Recitals. The recitals set forth are incorporated herein as
if fully set forth.
2. Identification of Final Development Plan. For purposes of this
Agreement, the "Final Development Plan" shall consist of the Final Development Plan
submitted by the Developer, and identified in, and approved by the President and Board
of Trustees, pursuant to Ordinance No. 0 -00 -31 For identification purposes, a
schedule of the documents comprising the Final Development Plan is appended hereto as
Exhibit C and made a part hereof.
3. Final Improvement Plan Approved. In accordance with Section 3 -101 -B
of the Development Code, the Developer has provided the Village Engineer and Director
of Community Development with copies of its Final Improvement Plan as a 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
2
plans listed in Exhibit C that depict public or private improvements as they are defined
and specifically identified hereafter. The Village Engineer and 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
provided the Plan Commission and President and Board of Trustees with a letter indicting
receipt and approval of all of the appropriate final engineering plans and verifying that
the documents granting any required easements are satisfactory for the purposes for
which they are required and approved. Said final engineering plans are identified as a
part of Exhibit C.
4. Site Development Schedule. In accordance with Section 3- 102- B(4)(a) of
the Development Code, the development of Lot 4 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, or anyone
performing Developer's obligations under Paragraph 13 hereof.
5. Improvement Plan. Pursuant to Section 3- 102- B(4)(b) of the
Development Code, all improvements, both public and private, are located and depicted
on the Final Improvement Plan identified hereinabove.
6. Approved Conditions, Requirements and Variations. Pursuant to Section
3- 102- B(4)(d) of the Development Code, the conditions, requirements and variations as
contemplated by the authorizing ordinances and approval measures listed on Exhibit B
hereto set forth all of the conditions, requirements and variations necessary to construct
the public and private improvements described in the Final Development Plan, with the
additional special conditions relating to certain portions of the private foundation work to
be performed by Developer.
7. Performance Guaranty and Inspection. Attached hereto as Exhibit F and
made a part hereof is a form satisfactory to the Village of a Performance Guaranty
( "Guaranty ") with respect to those Exhibit E improvements. The actual Guaranty must
be submitted to the Village prior to any disbursement of TIF Funds. The aggregate
amount of the Guaranty shall be equal to the Exhibit E total cost estimate, reduced by
(net of) TIF Funds for such purposes. Pursuant to Section 4 -106 of the Development
Code, the parties have jointly designated the firm of Charles W. Greengard Associates,
Inc. as the registered professional engineering firm designated as the "Inspecting
Engineer" in order to ensure that the development complies with the approved Final
Improvement Plan, the Village Standards and Specifications Manual and this Agreement.
The Inspecting Engineer shall invoice the Village for services rendered and the Village
shall pay said invoices from the TIF Funds described in paragraph 8. The Village
Engineer, within thirty (30) days from the date of such request, will either approve
requests from time to time for reduction in the Guaranty upon completion by the
Developer of those items described herein to be constructed by Developer or shall
3
provide the Developer, in writing, with a complete listing of reasons why such reduction
may not be granted and the specific corrections necessary to conform with the approved
Final Improvement Plan in order to approve the requested reduction. The Board of
Trustees by motion or resolution shall approve the release or reduction of the Guaranty
upon the advice of the Village Engineer.
8. Payment of TIF Funds.
A. The Village will provide a maximum aggregate of $430,243.00
[including $80,867.00 from the TIF request of 6/20/00], including any funds paid
to the Inspecting Engineer as provided in Paragraph 7 hereof, of TIF Funds
allocated as set forth below to assist the Owner and Developer in the completion
of certain specific on -site improvements to the Subject Property as particularly
identified in Exhibit E, including foundation and piling work. Of the foregoing
amount, a sum not to exceed $52,657.00 shall be allocated to grading work and
utility installation, and the remaining balance of $296,719.00 shall be available
for foundation work.
B. The parties agree that the foundation costs set forth on Exhibit E
hereto refer to several different aspects of Developer's work, such as excavating,
piling, pond re- structuring (including de- watering), concrete work (grade beams,
first floor pre -cast slab -- including topping, pile caps, etc.), methane gas
prevention work, etc., all related to the extraordinary costs incurred by Developer
as a result of the unusual landfill conditions at the site.
C. The Developer shall have the right to install its foundation, and
shall have the right to apply to the Village for reimbursement of such foundation
costs up to the remaining amount of TIF Funds allocated to the Subject Property.
9. Funding of Improvements. The Owner and Developer have submitted to
the Village, and the Village hereby approves specific funding commitments, for
identified improvements to the Subject Property as specifically set forth on the schedule
attached as Exhibit E hereto and made a part hereof.
10. Disbursement Procedures. TIF Funds shall be disbursed by the Village
only for the specific improvements and not in excess of the amounts set forth on Exhibit
E and in accordance with paragraph 8 hereof. Prior to any disbursement of TIF Funds for
any specific improvement, the Owner and Developer shall submit to the Village such
documentation as the Village may require to assure the Village that the particular
improvement has been fully and satisfactorily completed. The submission will include,
but is not limited to, all appropriate contractor and/or subcontractor lien waivers for the
work performed and material supplied for the specific improvement. Upon receipt of
appropriate documentation, there shall be monthly payments from TIF Funds from the
Village, to Developer [or, where appropriate, to Developer and subcontractor jointly] for
work performed on those items listed on Exhibit E.
rd
11. Agreements with Contractors. Prior to the inception of any work for any
specific item listed on Exhibit E, the Owner and Developer shall furnish the Village with
the proposed form of agreement prior to its execution with any contractor or
subcontractor intending to perform work on the Subject Property detailing the work to be
performed, the parties performing the work and the contract price. The Village shall have
the right to approve any such agreement involving the disbursement of TIF Funds.
12. Reciprocal Agreements. Prior to any disbursement of any TIF Funds, the
Owner and Developer will prepare and submit for the review and approval of the Village
and its legal counsel the agreement of the Owner, running with the land and binding upon
successors, grantees and assigns, providing for access to all areas of Lot 4
13. Default. In the event that the Owner shall not complete the development
in accordance with the specific development plan for the Subject Property, the Village's
obligation to expend unused portions of the TIF Funds shall immediately terminate at
such time, and at the Village's sole election the Village may undertake control of any
utilities installed upon or within the Subject Property. Notwithstanding the foregoing, the
Village agrees to notify in writing Owner, Developer and any grantees from Owner as to
the nature of the default and provide a thirty (30) day cure period within which any one
or more of the parties receiving said notice may cure said default or demonstrate to the
satisfaction of the Village its ability to do so in a timely manner in which case this
Agreement will continue to be performed in accordance with its terms.
14. Pond Maintenance: Owner acknowledges and agrees that maintenance of
the Pond, situated in the southerly portion of Lot 4 in the Deerpark Business Centre
Resubdivision (being a portion of the Subject Property), shall be the sole obligation of the
Owner ( "Owner" for purposes of this paragraph 14 being Owner and successor owners
from time -to -time) of the Subject Property. This obligation for maintenance of the Pond
shall run with the land, and shall inure to the benefit of, and be enforceable by, the
Village of Deerfield.
With respect to same:
A. At all times, said Owner shall maintain, in full force and effect, a
policy of general liability insurance, in an amount not less than
$1,000,000.00, naming the Village as additional insured thereon,
entitled to notice in the event of non - payment or cancellation of said
policy.
B. In the event said Owner fails to provide requisite liability insurance,
and/or fails to maintain the Pond, the Village -- after written notice to
said Owner and failure of said Owner to reasonably cure -- may (but
shall not be obligated) to undertake same and, if the Village so
undertakes, the Village shall be entitled to a lien on the Subject
Property for its costs in said regard.
5
C. From time -to -time, upon said Owner's request, the Village will
furnish to said Owner, Owner's lender or title company, a customary
estoppel letter to confirm whether or not the Village has or claims a
lien as of that time [and, if so, the amount thereofJ.
15. Compliance with Other Rules and Regulations. Except as specifically
provided herein, the development of the Subject Property shall proceed in accordance
with the ordinances described hereinabove and with applicable provisions of the
Municipal Code of the Village of Deerfield of 1975.
16. Successors. Assigns and Grantees. This Agreement shall be binding upon
the parties, their respective successors, assigns and grantees.
17. 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 reasonable satisfaction of the complaining
party within thirty (30) days of receipt of such notice.
18. 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.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
20. Authori1y. 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.
21. 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: Village Manager
with a copy to: Pedersen & Houpt
161 N. Clark Street
Suite 3100
Chicago, Illinois 60601
Attn: James K. Stucko
3i
If to the Developer: Flodstrom Construction Corporation
770 Lake Cook Road
Deerfield, Illinois 60015
Attn: Sven Flodstrom
with a copy to: Felbinger & Felbinger
1314 Shermer Road
Suite 100
Northbrook, Illinois 60062
Attn: Karl L. Felbinger
If to the Owner: Floodstrom Investments, L.L.C.
c/o Sven Flodstrom
Managing Partner
770 Lake -Cook Road
Deerfield, Illinois 60015
22. 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.
23. 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.
24. Counterparts and Duplicate Originals. 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.
f,
7
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of
the day and year first above written.
FLODSTROM CONSTRUCTION
CORPORATION
L
Sven G. Flodstrom, President
FLODSTROM INVESTMENTS, L.L.C.
Sven G. Flodstrom, Managing Partner
SUBSCRIBED & SWORN TO before me this day by Sven G. Flodstrom,
as President of Flodstrom Construction Corporation (the "Corporation "), and
Managing Partner of Flodstrom Investments, L.L.C. (the "LLC "), as the free,
voluntary and duly authorized act of the Corporation and of the LLC.
October b;., 2000 / Cfi4[- oGjW . Notary Public
VILLAGE OF DEERFIELD Q 14 d� it�ntFlt�IN
BY: _ter i *04xjot ATTEST: �J t% . ♦ . l ` -Village Clerk
SUBSCRIBED & SWORN TO before me this day by
&AoftRO aAAF_s7— , as /h/ryo,,e.. , and g0jR r
Ji_ 6k,#A11_' , as V;Ll-ncr CLEW of the Village of Deerfield
(the "Village "), as the free, voluntary and duly authorized act of the Village.
October LI-, 2000 A/L 'A /_
SIMAoA) k. CROm;F, Notary Public
Prepared by: Karl L. Felbinger
1314 Shermer Road, Suite 100
Northbrook, IL. 60062
8
"OFFICIAL SEAL'
*DD L CWwb
P+iiV, Sogeatmii
A 33,
SCHEDULE OF EXHIBITS
Exhibit A Legal Description of Subject Property
Exhibit B Enumeration of Authorizing Ordinances and Related Approval Measures
Exhibit C Schedule of Documents Comprising Final Development Plan
Exhibit D Site Development Schedule
Exhibit E Description of Improvements to be Constructed by Developer and
Allocation of TIF Funding
Exhibit F Performance Guaranty
9
EXHIBIT A
Legal Description of Subject Property
LOT 4 IN THE DEERPARK BUSINSS CENTRE RESUBDIVISIION BEING A
RESUBDIVISION OF LOT 2 IN FLODSTROM'S RESUBDIVISION NO. 2, BEING A
RESUBDIVISION OF LOT 1 OF FLODSTROM'S SUBDIVISIION OF PART OF THE
SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS.
D
THE WEST 5 FEET OF LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 32 AND THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 5, 1982 AS DOCUMENT NUMBER 2179958, IN LAKE
COUNTY, ILLINOIS.
[to]
EXHIBIT B
Enumeration of Authorizing Ordinances and Related Approval Measures
EXHIBIT C
Schedule of Documents Comprising Final Development Plan
Plat of Survey of Lot 4 in Deerpark Business Center prepared by Greengard
Associates, dated 8/25/00.
2. Final Development Plan prepared by Partners in Design, Sheet A1.1, dated
6/23/00.
Landscaping Plan prepared by Pugsley & Lahaie Ltd., dated 8/21/00.
4. Lighting/Photometric Plan prepared by Security Lighting Systems, Inc., dated
5/30/00.
Building Elevations prepared by Partners in Design, Sheets A3.1 and A3.2, dated
6/23/00.
6. Approved Engineering Drawings prepared by Greengard Associates, dated
6/16/00 (on file with the Engineering Department, Village of Deerfield).
12
Site and Foundation Development Schedule
Foundation work is scheduled to proceed in September, 2000 or immediately after the
building permit has been issued. The foundation will be completed this Fall.
Work for site utilities are scheduled to commence this Fall. All work will be done late
this year or early next year.
Some of the site work will be done this Fall but most of the landscaping and the paving
work is scheduled for completion in the Spring and Summer, 2001. Final paving surfaces
will be installed in the Fall of 2001.
13
EXHIBIT E
Description of Improvements to Lot 4 to be Constructed by the Developer
Allocation of TIF Funding
Grading Work and Utilities (Sanitary, storm
and water supported partly on grade beams)
Basic estimated cost
Other Fees
10% contingencies
Subtotal
15% engineering
Subtotal
10% construction mgt.
Foundation
Estimated Costs
Normal Unusual
$102,120.00 $695,558.00
$37,842.00
3.784.00
41,626.00
6.244.00
47,870.00
4.787.00
$52,657.00
Difference
$593,438.00 $593,43812 =
Basic Improvements to encourage tenants to overcome inherent
problems with this site. Total cost $242,600.00. One third (113)
approved from TIF to be paid as a lump sum when
superstructure is substantially completed =
Total Village TIF Contribution
Improvements funded by the Developer
One half of the "Difference" in the cost of the foundations due to
Site conditions ($296,719.00)
$52,657.00
$296,719.00
$ 80.867.00
$430,243.00
PERFORMANCE GUARANTEE, PER EXHIBIT F, ATTACHED, IS TO BE ISSUED IN AN
AMOUNT ARRIVED TO AS FOLLOWS:
1. Grading of Utilities per above $ 52,657.00
2. Foundation work: total cost per above 695,558.00
3. Paving per bid proposal 45,750.00
4. Landscaping per bid proposal 34 000.00
$827,965.00
Less TIF (430,243.00)
Performance Guarantee $437,722.00
14
EXHIBIT F
Performance Guaranty
[SEE ATTACHED]
15
FLODSTROM CONSTRUCTION CORPORATION
GENERAL CONTRACTORS - CONSTRUCTION MANAGERS
770 LAKE COOK ROAD - DEERFIELD. ILLINOIS 60015 - (847) 498 -0300 - FAX (84T) 498 -9981
EXHIBIT F.
August 31, 2000
To the Mayor and Trustee's
Village of .Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Re: Development Plan of Deer Park Business Centre, Lot 4.
Dear Mayor and Trustee's,
This will confirm that we will submit a Performance Guarantee for work on the above
property in accordance with paragraph 7 of the Development agreement.
Paragraph 7 states that the Guarantee "shall be equal to Exhibit E total cost
estimate, reduced by (net of) TIF funds for such purposes."
It is understood that 25 % will be added to the above amount in computing the total
amount of the Performance Guarantee. This guarantee will either be in the form of a
Letter of Credit per Section 4 -104.13 of the Village of Deerfield Development Code or in
the form of a Performance Bond per Section 4 -104.3 of the same code.
It is also understood that the Performance Guarantee must be submitted prior to any
disbursements of funds from the TIF.
Since youyo,
Sven G. Flodstrom
FLODSTROM CONSTRUCTION CORPORATION
� 1 ,
µ
t
A
STATE OF ILLINOIS ) r F
46 3 80 1 8
COUNTIES OF LAKE AND COOK ) SS
Filed for Record in:
VILLAGE OF DEERFIELD ). LAKE COUNTY )� IL
MARY ELLEN VANDERVENTER - RECORDER
On Jan 31 2001
At 11:44as
Receipt #• 269821
Doc /T pe : ORD
Deputy - Cashier #1
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 -00 -31 entitled "An Ordinance Authorizing an Amendment to Special Use - 770
Lake Cook Road"
as appears in the records and files of the office of the Village Clerk.
Dated this October 12. 2000
SEAL
ROBLRT D. FRAITZ,
Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
ORDINANCE NO. 0 -00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
Published in pamphlet form this
5th day of Septembep2000
by the President and Board of
Trustees of Deerfield.
JKS 281033 v September 13, 2000
0
ORDINANCE NO. 0-00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public
hearing on the application of LaSalle National Bank as Trustee under Trust No. 104882, dated
August 17, 1982. and Flodstrom Construction Corporation (collectively, the "Applicant ") for an
Amendment to a Special Use for a Planned Unit Development of certain property (hereinafter the
"Subject Propem? ") located within the Village in the I -1 Office, Research, Restricted Industry
District and to authorize the development and use of the Subject Property legally described on
Exhibit A attached hereto as a Special Use Planned Unit Development, under and pursuant to the
provisions of Articles 6.01 -C,5, 12.00, 12.08, 12.09 and 13.04 for an office building as hereinafter
more particularly described on the Subject Property; and
WHEREAS, said hearing 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 and
the Preliminary Development Plan by the President and Board of Trustees, the President and Board
of Trustees have considered and reviewed the submitted Proposed Site Plan and Building Elevations,
dated June 23, 2000, prepared by Partners in Design, Architects, and the Landscape Plan, dated June
5, 2000, prepared by Pugsley & Lahaie Ltd. (collectively, the "Final Development Plan"); and
WHEREAS, the corporate authorities have reviewed the form and substance of a
Development Agreement for the Subject Property between the Village of Deerfield and the
Applicant, which Development Agreement is attached hereto as Exhibit C and made a part hereof,
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 Planned Unit Development for the Subject Property in accordance with
the Final Development Plan for the Subject Property marked Exhibit B and attached hereto and made
a part hereof, and by the further finding that the . Final Development Plan is in substantial
conformance with the previously approved Preliminary Development Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS
AS FOLLOWS:
JKS 281033 v September 13, 2000
ORDINANCE NO. 0 -00 -3 Y
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
SECTION That the President and Board of Trustees do hereby affirmatively find (1) that
ONE: the Amendment to Special Use as hereby authorized, fully complies with the
requirements and standards set forth in Articles 6.01 -C,5, 12.00, 12.08, 12.09
and 13.04 of the Village Zoning Ordinance, and the Amendment to Special Use of the real estate,
as and for purposes of the development of an office building as set forth on Exhibit B subject to
certain conditions as more particularly set forth below, and (2) that the Final Development Plan is
in substantial conformance with the previously approved Preliminary Development Plan and that,
therefore, said Amendment to Special use shall be and the same is hereby authorized and approved
subject to the conditions hereinafter set forth in Section Three.
SECTION That the Applicant's request for the following variations and modifications
TWO: as shown on the Final Development Plan are hereby authorized and approved:
(i) a front yard setback of 7 6 feet, 6 inches in lieu of the required 100
feet;
(ii) 156 parking spaces in lieu of the 161 required;
(iii) parking spaces 18 feet 6 inches in length in lieu of the required 19
feet; and
(iv) a ground sign may be located in the required 100 foot front yard
setback.
SECTION That the approval and authorization of said Amendment to Special Use is
THREE: hereby granted subject to the requirements that all use, construction and
development shall be in accordance with, in addition to the submitted Final
Development Plan, all documentary and exhibit filings made pursuant to Planned Unit Development
Procedures as set forth in Article 12.09 of the Village Zoning Ordinance, the terms of this Ordinance,
the terms of the Development Agreement, all representations submitted and made by the Applicant
to the Plan Commission and President and Board of Trustees, and is also subject to compliance by
Applicant with all other applicable provisions of the Village Zoning Ordinance.
SECTION That the Amendment to Special Use hereby authorized shall be binding upon
FOUR: and inure to the benefit of Applicant's successors, grantees, transferees and
assigns and any violation of the conditions 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.
JKS 231033 v September 13, 2000 1)
4Gas0184_
ORDINANCE NO. 0-00- 31
AN ORDINANCE AUTHORIZING AN
AMENDMENT TO SPECIAL USE - 770 LAKE COOK ROAD
SECTION That the Village Clerk is hereby directed to publish this Ordinance in
FIVE: pamphlet form and to record said Ordinance and that portion of Exhibit B
known as the "Final Development Plan" in the office of the Recorder of
Deeds of Lake County, Illinois at Applicant's expense.
SECTION That this Ordinance shall be in full force and effect from and after its
SIX: passage, approval and publication as provided by law.
AYES: Harris, Ragona, Rosenthal, Seiden, Swanson (5)
NAYS: Heuberger (1)
ABSENT: None (0 )
PASSED: This 5th day of September A.D., 2000.
APPROVED: This 5th day of September A.D., 2000.
1(;S 251033 v September 13. 2000
V AGE PRESIDE1
5
EXHIBIT A
Legal Description of Subject Property
LOT 4 IN THE DEERPARK BUSINSS CENTRE RESUBDIVISHON BEING A
RESUBDIVISION OF LOT 2 IN FLODSTROM'S RESUBDIVISION NO. 2, BEING A
RESUBDIVISION OF LOT 1 OF FLODSTROM'S SUBDIVISHON OF PART OF THE
SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS.
\/. bi
THE WEST 5 FEET OF LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 32 AND THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 5, 1982 AS DOCUMENT NUMBER 2179958, IN LAKE
COUNTY, ELLNOIS.
4Ga8018
PROJECT SUMARY
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COURTYARD BY MARRIOTT ii i III II i I III
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DEVELOPMENT AGREEMENT
This Development Agreement ( "Agreement ") entered into as of this 5th day of
September, 2000 by and among FLODSTROM CONSTRUCTION CORPORATION, an
Illinois corporation (the "Developer "), FLODSTROM INVESTMENTS, L.L.C., an
Illinois limited liability company ( "Owner ") and the VILLAGE OF DEERFIELD, an
Illinois municipal corporation (the "Village ").
Recitals:
WHEREAS, the Owner holds beneficial title to certain property located within the
Village legally described on Exhibit A attached hereto and made a part hereof (the
"Subject Property") which is included in an area of the Village comprising the Lake -
Cook Road Tax Increment Financing District (the "TIF District ") created pursuant to the
provisions of 65 ILCS S /11 -74.4, et seq., as amended (the "Act "); and
WHEREAS, in accordance with the terms and provisions of the Act, the Village
seeks to achieve the redevelopment and improvement of properties included in the TIF
District and has accumulated revenues to assist in the implementing and realization of
these objectives (the "TIF Funds "); and
WHEREAS, the Owner and Developer have petitioned the Village for certain
relief consisting of a request for TIF Funds, along with requested exceptions to various
standards contained in said District, to facilitate the development of the Subject Property
in a manner consistent with the objectives of the TIF District; and
WHEREAS, the Corporate Authorities of the Village have received and approved
the favorable recommendation of the Village Plan Commission relating to the
development plan submitted by the Owner and Developer for the Subject Property; and
WHEREAS, in connection with said development plan, the Corporate Authorities
of the Village have received the favorable report and recommendation of the Village Plan
Commission as to the Preliminary Development Plan submitted by the Owner and
Developer; and
WHEREAS, the corporate Authorities of the Village have determined that the
proposed development of the Subject Property legally described on Exhibit A, and as set
forth in the immediately preceding recitals, and as further amended by the Owner and
Developer following its submission to the Corporate Authorities is consistent with the
goals and objectives of the TIF District, specifically, the completion of the remaining
undeveloped portion of the area commonly known as the 'Brickyard "; and .
WHEREAS, the Village has TIF Funds available to assist and implement the
development of the Subject Property in accordance with the proposals presented by the
Owner and Developer to the Village Plan Commission and to the Corporate Authorities;
and
4Gj8®18
WHEREAS, the Developer has submitted plans, schedules, specifications and
other documents comprising its "Final Development Plan ", as defined in the Village
Zoning Ordinance and the Final Development Plan has been submitted to, reviewed by,.
and recommended for approval by the Village Plan Commission; and
WHEREAS, the President and Board of Trustees have reviewed the Final
Development Plan and have adopted all necessary ordinances, passed all necessary
motions, and otherwise granted all necessary approvals: (i) granting the requested TIF
Funds and exceptions to various standards contained in said District; (ii) approving the
Developer's Final Development Plan; and (iii) granting the variations from the
Development Code as described hereinbelow. A listing of the authorizing ordinances and
other approval measures is attached hereto as Exhibit B; and
WHEREAS, the Village has heretofore adopted a "Village of Deerfield
Development Code" ( "Development Code ") by Ordinance No. 93 -53. 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 Subject Property; and
WHEREAS, 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, all of whom have made recommendations to
the President and Board of Trustees; and
WHEREAS, the parties now desire to enter into this Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the
Development Code and to reach the goals and objectives of the TIF District.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto, as
follows:
1. Incorporation of Recitals. The recitals set forth are incorporated herein as
if fully set forth.
2. Identification of Final Development Plan. For purposes of this
Agreement, the "Final Development Plan" shall consist of the Final Development Plan
submitted by the Developer, and identified in, and approved by the President and Board
of Trustees, pursuant to Ordinance No. 0-00-31 For identification purposes, a
schedule of the documents comprising the Final Development Plan is appended hereto as
Exhibit C and made a part hereof.
3. Final Improvement Plan Approved. In accordance with Section 3 -101 -B
of the Development Code, the Developer has provided the Village Engineer and Director
of Community Development with copies of its Final Improvement Plan as a 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
46a scis
I
plans listed in Exhibit C that depict public or private improvements as they are defined
and specifically identified hereafter. The Village Engineer and 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
provided the Plan Commission and President and Board of Trustees with a letter indicting
receipt and approval of all of the appropriate final engineering plans and verifying that
the documents granting any required easements are satisfactory for the purposes for
which they are required and approved. Said final engineering plans are identified as a
part of Exhibit C.
4. Site Development Schedule. In accordance with Section 3- 102- B(4)(a) of
the Development Code, the development of Lot 4 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, or anyone
performing- Developer's obligations under Paragraph 13 hereof.
5. Improvement Plan. Pursuant to Section 3- 102- B(4)(b) of the
Development Code, all improvements, both public and private, are located and depicted
on the Final Improvement Plan identified hereinabove.
6. Approved Conditions, Requirements and Variations. Pursuant to Section
3- 102- B(4)(d) of the Development Code, the conditions, requirements and variations as
contemplated by the authorizing ordinances and approval ,measures listed on Exhibit B
hereto set forth all of the conditions, requirements and variations necessary to construct
the public and private improvements described in the Final Development Plan, with the
additional special conditions relating to certain portions of the private foundation work to
be performed by Developer.
7. Performance Guaranty and Inspection. Attached hereto as. Exhibit F and
made a part hereof is a form satisfactory to the Village of a Performance Guaranty
( "Guaranty ") with respect to those Exhibit E improvements. The actual Guaranty must
be submitted to the Village prior to any disbursement of TIF Funds. The aggregate
amount of the Guaranty shall be equal to the Exhibit E total cost estimate, reduced by
(net of) TIF Funds for such purposes. Pursuant to Section 4 -106 of the Development
Code, the parties have jointly designated the firm of Charles W. Greengard Associates,
Inc. as the registered professional engineering firm designated as the "Inspecting
Engineer" in order to ensure that the development complies with the approved Final
Improvement Plan, the Village Standards and Specifications Manual and this Agreement.
The Inspecting Engineer shall invoice the Village for services rendered and the Village
shall pay said invoices from the TIF Funds described in paragraph 8. The Village
Engineer, within thirty (30) days from the date of such request, will either approve
requests from time to time for reduction in the Guaranty upon completion by the
Developer of those items described herein to be constructed by Developer or shall
3
4G38o18
13
provide the Developer, in writing, with a complete listing of reasons why such reduction
may not be granted and the specific corrections necessary to conform with the approved
Final Improvement Plan in order to approve the requested reduction. The Board of
Trustees by motion or resolution shall approve the release or reduction of the Guaranty
upon the advice of the, Village Engineer.
S. Payment of TIF Funds.
A. The Village will provide a maximum aggregate of $430,243.00
[including $80,867.00 from the TIF request of 6/20/00], including any funds paid
to the Inspecting Engineer as provided in Paragraph 7 hereof, of TIF Funds
allocated as set forth below to assist the Owner and Developer in the completion
of certain specific on -site improvements to the Subject Property as particularly
identified in Exhibit E, including foundation and piling work. Of the foregoing
amount, a sum not to exceed $52,657.00 shall be allocated to grading work and
utility installation, and the remaining balance of $296,719.00 shall be available
for foundation work.
B. The parties agree that the foundation costs set forth on Exhibit E
hereto refer to several different aspects of DeveIoper's work, such as excavating,
piling, pond re- structuring (including de- watering), concrete work (grade beams,
first floor pre -cast slab -- including topping, pile caps, etc.), methane gas
prevention work, etc., all related to the extraordinary costs incurred by Developer
as a result of the unusual landfill conditions at the site.
C. I The Developer shall have the right to install its foundation, and
shall have the right to apply to the Village for reimbursement of such foundation
costs up to the remaining amount of TIF Funds allocated to the Subject Property.
9. Funding of Improvements. The Owner and Developer have submitted to
the Village, and the Village hereby approves specific funding commitments, for
identified improvements to the Subject Property as specifically set forth on the schedule
attached as Exhibit E hereto and made a part hereof.
10. Disbursement Procedures. TIF Funds shall be disbursed by the Village
only for the specific improvements and not in excess of the amounts set forth on Exhibit
E and in accordance with paragraph 8 hereof. Prior to any disbursement of TIF Funds for
any specific improvement, the Owner and Developer shall submit to the Village such
documentation as the Village may require to assure the Village that the particular
improvement has been fully and. satisfactorily completed. The submission will include,
but is not limited to, all appropriate contractor and/or subcontractor lien waivers for the
work performed and material supplied for the specific improvement. Upon receipt of
appropriate documentation, there shall be monthly payments from TIF Funds from the
Village, to Developer [or, where appropriate, to Developer and subcontractor jointly] for
work performed on those items listed on Exhibit E.
4
4G 380is
14
11. A .Rreements with Contractors. Prior to the inception of any work for any
specific item listed on Exhibit E, the Owner and Developer shall furnish the Village with
the proposed form of agreement prior to its execution with any contractor or
subcontractor intending to perform work on the Subject Property detailing the work to be
performed, the parties performing the work and the contract price. The Village shall have
the right to approve any such agreement involving the disbursement of TIF Funds.
12. Reciprocal Agreements. Prior to any disbursement of any TIF Funds, the
Owner and Developer will prepare and submit for the review and approval of the Village
and its legal counsel the agreement of the Owner, running with the land and binding upon
successors, grantees and assigns, providing for access to all areas of Lot 4
13. Default. In the event that the Owner shall not complete the development
in accordance with the specific development plan for the Subject Property, the Village's
obligation to expend unused portions of the TIF Funds shall immediately terminate at
such time, and at the Village's sole election the Village may undertake control of any
utilities installed upon or within the Subject Property.. Notwithstanding the foregoing, the
Village agrees to notify in writing Owner, Developer and any grantees from Owner as to
the nature of the default and provide a thirty (30) day cure period within which any one
or more of the parties receiving said notice may cure said default or demonstrate to the
satisfaction of the Village its ability to do so in a timely manner in which case this
Agreement will continue to be performed in accordance with its terms.
14. Pond Maintenance: Owner acknowledges and agrees that maintenance of
the Pond, situated in the southerly portion of Lot 4 in the Deerpark Business Centre
Resubdivision (being a portion of the Subject Property), shall be the sole obligation of the
Owner ( "Owner" for purposes of this paragraph 14 being Owner and successor owners
from time -to -time) of the Subject Property. This obligation for maintenance of the Pond
shall run with the land, and shall . inure to the benefit of, and be enforceable by, the
Village of Deerfield.
With respect to same:
A. At all times, said Owner shall maintain, in full force and effect, a
policy of general liability insurance, in an amount not less than
$1,000,000.00, naming the Village as additional insured thereon,
entitled to notice in the event of non - payment or cancellation of said
policy.
B. In the event said Owner fails to provide requisite liability insurance,
and/or fails to maintain the Pond, the Village -- after written notice to
said Owner and failure of said Owner to reasonably cure - may (but
shall not be obligated) to undertake same and, if the Village so
undertakes, the Village shall be entitled to a lien on the Subject
Property for its costs in said regard.
46.asois
)5
C. From time -to -time, upon said Owner's request, the Village will
furnish to said Owner, Owner's lender or title company, a customary
estoppel letter to confirm whether or not the Village has or claims a
lien as of that time [and, if so, the amount thereofJ.
15. Compliance with Other Rules and Regulations. Except as specifically
provided herein, the development of the Subject Property shall proceed in accordance
with the ordinances described hereinabove and with applicable provisions of the
Municipal Code of the Village of Deerfield of 1975.
16. Successors. Assigns and Grantees. This Agreement shall be binding upon
the parties, their respective successors, assigns and grantees.
17. Remedie s. 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 reasonable satisfaction of the complaining
party within thirty (30) days of receipt cf such notice.
18. 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.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
20. 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.
21. 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: Village Manager
with a copy to: Pedersen & Houpt
161 N. Clark Street
Suite 3100
Chicago, Illinois 60601
Attn: James K. Stucko
r1
t�. •
iLP
If to the Developer: Flodstrom Construction Corporation
770 Lake Cook Road
Deerfield, Illinois 60015
Attn: Sven Flodstrom
with a copy to: Felbinger & Felbinger
1314 Shermer Road
Suite 100
Northbrook, Illinois 60062
Attn: Karl L. Felbinger
If to the Owner: Floodstrom Investments, L.L.C.
c/o Sven Flodstrom
Managing Partner
770 Lake -Cook Road
Deerfield, Illinois 60015
22. 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.
23. Entire A_reQ ement. 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.
24. Counterparts and Duplicate Originals. 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.
7
46aSoIS
I_1
IN WITNESS WHEREOF, the parties hereto have-set their hands and seals as of
the day and year first above written.
FLODSTROM CONSTRUCTION
CORPORATION
BY
Sven G. Flodstrom, President
FLODSTROM INVESTMENTS, L.L.C.
Sven G. Flodstrom, Managing Partner
SUBSCRIBED & SWORN TO before me this day by Sven G. Flodstrom,
as President of Flodstrom Construction Corporation (the "Corporation "), and
Managing Partner of Flodstrom Investments, L.L.C. (the "LLC "), as the free,
voluntary and duly authorized act of the Corporation and of the LLC.
October 1.=;., 2000
C i goL- 4Q -. t/v . Notary Public
'OAML SEAL•
CudbW
VILLAGE OF DEERFIELD
W�tgtnwFit -tMt
1W_ - i .
ATTEST:
1�% ♦ ` �_
Village
SUBSCRIBED & SWORN TO before me this day by
A6&1+ 0 )CVAAf S- , as and RD &'R'
as V i LL_1/ 06: of the Village of Deerfield
(the "Village "), as the free, voluntary and duly authorized act of the Village.
October 62-, 2000
aer_�� - _
5&+Aati k. e&1tn L, Notary Public
Prepared by: Karl L. Felbinger
1314 Shermer Road, Suite 100
Northbrook, IL. 60062
"OFFICIAL SEAL"
man [. C`wmie
Fsbfie, sue etmimb
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FAA 208
8 4638018
I
SCHEDULE OF EXHIBITS
Exhibit A Legal Description of Subject Property
Exhibit B Enumeration of Authorizing Ordinances and Related Approval Measures
Exhibit C Schedule of Documents Comprising Final Development Plan
Exhibit D Site Development Schedule
Exhibit E Description of Improvements to be Constructed by Developer and .
Allocation of TIF Funding
Exhibit F Performance Guaranty
E
46asolS
)9
EXHIBIT A
Legal Description of Subject Property
LOT 4 IN THE DEERPARK BUSINSS CENTRE RESUBDIVISHON BEING A
RESUBDIVISION OF LOT 2 IN FLODSTROM'S RESUBDIVISION NO. 2, BEING A
RESUBDIVISION OF LOT 1 OF FLODSTROM'S SUBDIVISHON OF PART OF THE
SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS.
am
THE WEST 5 FEET OF LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 32 AND THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 5, 1982 AS DOCUMENT NUMBER 2179958, IN LAKE
COUNTY, ILLINOIS.
to]
4638®18
ao
EXHIBIT B
Enumeration of Authorizing Ordinances and Related Approval Measures
Ordinance 0_00 -31, adopted September 5,2000
C� A
EXHIBIT C
Schedule of Documents Comprising Final Development Plan
Plat of Survev of Lot 4 in Deerpark Business Center prepared by Greengard
Associates, dated 8/25/00.
2. Final Development Plan prepared by Partners in Design, Sheet A1.1, dated
6/23/00.
3. Landscaping Plan prepared by Pugsley & Lahaie Ltd., dated 8/21/00.
4. Lighting/Photometric Plan prepared by Security Lighting Systems, Inc., dated
5/30/00.
5. Building Elevations prepared by Partners in Design, Sheets A3.1 and A3.2, dated
6/23/00.
6. Approved Engineering Drawings prepared by Greengard Associates, dated
6/16/00 (on file with the Engineering Department, Village of Deerfield).
12
4638 jS
o7OI
PLAT OF SURVEY
LOT 4 IN DEERPARK BUSINESS CENTER, BEING A RESUBDIVISION OF LOT 2 IN
FLOODSTOM'S RESUBDIVISION NO. 2, BEING A RESUBDIVISION OF LOT 1 OF
FLOODSTROM'S SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 32 AND
PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE VILLAGE OF DEERFIELD,
LAKE AND COOK COUNTIES, ILLINOIS.
ESTATE $I H
EASEMENT TO ILLINOIS BELL TELEPHONE
PER DOC NO. 2429881
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RETENTION
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EASEMENT
PER DOC. NO. 2229622
I
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PERMANENT EASEM�EN FOR SANITARY SEWER
PER CIRCUIT COURT F LAKE COUNTY CASE
90.99 76.0
S 89'53'03" W S84.24'.
LAKE COOK ROAD
DMOwQm • SURMORS • PL"Im
CHARLES W. GREENGARD ASSOCIATES, INC.
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5,:1:r
Site and Foundation Development Schedule
Foundation work is scheduled to proceed in September, 2000 or immediately after the
building permit has been issued. The foundation will be completed this Fall.
Work for site utilities are scheduled to commence this Fall. All work will be done late
this year or early next year.
Some of the site work will be done this Fall but most of the landscaping and the paving
work is scheduled for completion in the Spring and Summer, 2001. Final paving surfaces
will be installed in the Fall of 2001.
13
s
EXHIBIT E
Description of Improvements to Lot 4 to be Constructed by the Developer
Allocation of TIF Funding
Grading Work and Utilities (Sanitary, storm
and water supported partly on grade beams)
Basic estimated cost
$37,842.00
Other Fees
10% contingencies
3,784.00
Subtotal
41,626.00
15% engineering
6,244.00
Subtotal
47,870.00
10% construction mgt.
4,787.00
$52,657.00 $52,657.00
Foundation
Estimated Costs
Normal Unusual Difference
$102,120.00 $695,558.00 $593,438.00 $593,438/2 = $296,719.00
Basic Improvements to encourage tenants to overcome inherent
problems with this site. Total cost $242,600.00. One third (113)
approved from TIF to be paid as a lump sum when
superstructure is substantially completed = $ 80.867.00
Total Village TIF Contribution $430,243.00
Improvements funded by the Developer
One half of the "Difference" in the cost of the foundations due to
Site conditions ($296,719.00)
PERFORMANCE GUARANTEE, PER EXHIBIT F, ATTACHED, IS TO BE ISSUED IN AN
AMOUNT ARRIVED TO AS FOLLOWS:
1. Grading of Utilities per above $ 52,657.00
2. Foundation work: total cost per above 695,558.00
3. Paving per bid proposal 45,750.00
4. Landscaping per bid proposal 34,000.00
Less TIF
Performance Guarantee
14
$827,965.00
(430,243.000)
$437,722.00
46 <3SOIS
RA
EXHIBIT F
Performance Guaranty
[SEE ATTACHED]
15
4GaSojS
31
FLODSTROM CONSTRUCTION CORPORATION
GENERAL. CON- M-XCTORS - CONSTRUCTION IMANAGERS
770 LAX COOT: ROAD - DEE• RFIELD. ILLL\OIS 6001 5 - (847) 498 -0300 - FAX (847-) 498 -9981
EXHIBIT F.
August 31, 2000
To the Mayor and Trustee's
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Re: Development Plan of Deer Park Business Centre, Lot 4.
Dear Mayor and Trustee's,
This will confirm that we will submit a Performance Guarantee for work on the above
property in accordance with paragraph 7 of the Development agreement.
Paragraph 7 states that the Guarantee "shall be equal to Exhibit E total cost
estimate, reduced by (net of) TIF funds for such purposes."
It is understood that 25 % will be added to the above amount in computing the total
amount of the Performance Guarantee. This guarantee will either be in the form of a
Letter of Credit per Section 4 -104.13 of the Village of Deerfield Development Code or in
the form of a Performance Bond per Section 4 -104.3 of the same code.
It is also understood that the Performance Guarantee must be submitted prior to any
disbursements of funds from the TIF.
Since yo �o,
Sven G. Flodstrom
FLODSTROM CONSTRUCTION CORPORATION
32
IIV
EXHIBIT A
Legal Description of Subject Property
LOT 4 IN THE DEERPARK BUSINSS CENTRE RESUBDIVISHON BEING A
RESUBDIVISION OF LOT 2 IN FLODSTROM'S RESUBDIVISION NO. 2, BEING A
RESUBDIVISION OF LOT 1 OF FLODSTROM'S SUBDIVISHON OF PART OF THE
SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE' PLAT THEREOF
RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS.
►I1
THE WEST 5 FEET OF LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 32 AND THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 5, 1982 AS DOCUMENT NUMBER 2179958, IN LAKE
COUNTY, ILLINOIS.
46as8OJS
__J
01
EXHIBIT A
Legal Description of Subject Property
LOT 4 IN THE DEERPARK BUSINSS CENTRE RESUBDIVISHON BEING A
RESUBDIVISION OF LOT 2 IN FLODSTROM'S RESUBDIVISION NO. 2, BEING A
RESUBDIVISION OF LOT 1 OF FLODSTROM'S SUBDIVISHON OF PART OF THE
SOUTHEAST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE' PLAT THEREOF
RECORDED SEPTEMBER 17, 1997 AS DOCUMENT NUMBER 4020708, IN THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS.
►I1
THE WEST 5 FEET OF LOT 2 IN FLODSTROM'S SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 32 AND THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 5, 1982 AS DOCUMENT NUMBER 2179958, IN LAKE
COUNTY, ILLINOIS.
46as8OJS
__J
01