R-20-14VILLAGE OF DEERFIELD
RESOLUTION NO. 2020- R-20-14
A RESOLUTION EXTENDING THE APPROVAL FOR A FINAL DEVELOPMENT
PLAN FOR 8 PARKWAY NORTH IN THE PARKWAY
NORTH CENTER PLANNED UNIT DEVELOPMENT
WHEREAS, on February 4, 1985, the Village entered into an Annexation Agreement
("Original Agreement's with the prior owners 8 Parkway North ("Property's for the
Property to be annexed into the Village; and
WHEREAS, Property was annexed into the Village pursuant to the Original
Agreement; and
WHEREAS, the Original Agreement has been amended pursuant to six amendments
to, among other things, extend the term of the Original Agreement (collectively,
"Amendments' (the Original Agreement as amended by the Amendments, is the
"Agreement'; and
WHEREAS, pursuant to the Agreement, .on April 18, 2016, the Village approved a
final development plan for the. Property (`Final Development Plan'), which approval was
effective for a period of two years unless such approval was extended by the Village Board;
and
WHEREAS, on April 16, 2018, pursuant to Resolution R-18-27, the Village Board
extended its approval of the Final Development Plan for. two years, which approval will
become null and void on May 15, 2020 unless the Village Board further extends the approval;
and
WHEREAS, the current owner of the Property, Quadrangle Parkway Holdings LLC,
("Quadrangle'), has requested a further two-year extension of the approval of the Final
Development Plan ("Extension's; and
WHEREAS, the Village Board has determined that it will serve and be in the best
interest of the Village and its residents to grant the Extension;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD,
LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: GRANT OF EXTENSION. Village Board hereby extends the
approval of the Final Development Plan until May 15, 2022 and, if Quadrangle or a
subsequent owner of the Property does not commence substantial construction on the
Property in accordance with the Final Development Plan by May 15, 2022, the approval of
the Final Development Plan shall automatically become null -and void.
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SECTION THREE: EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following
events:
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1. Passage by the Village Board by a majority vote in the manner required
by law;
2. The filing by Quadrangle with the Village Clerk of a fully executed
Unconditional Agreement and Consent, in the form of Exhibit A
attached to and, by this reference, made a part of this Resolution, to
indemnify the Village for any claims that may arise in connection with
the approval of the Final Development Plan and the Extension granted
by this Resolution; and
3. Recordation of this Resolution, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County.
In the event Quadrangle does not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 3.A.2 of this
Resolution, within 30 days after the date of final passage of this Resolution,
the Village Board will have. theright, in its sole discretion, to declare this
Resolution null and void and: of no force .or effect:
[SIGNATURE PAGE FOLLOWS] "
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: May 4, 2020
APPROVED: May 5, 2020
RESOLUTION NO: R-20-14
(00114819.1)
EXHIBIT A
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois ("Village'):
WHEREAS, Quadrangle Parkway Holdings LLC, ("Quadrangle') is the owner of
that certain property located at 8 Parkway North, in Deerfield, Illinois, and legally described
in Exhibit A ("Property'); and
WHEREAS, on February 4, 1985, the Village entered into an Annexation Agreement
for the Property ("Original Agreement.'), which Original Agreement was amended by six
amendments (collectively, "Amendtnents'� (the Original Agreement as amended by the
Amendments, is the "Agreement'; and
WHEREAS, pursuant to the Agreement, on April 18, 2016, the Village approved a
final development plan for the Property (`Final Development Plan', which approval of
the Final. Development Plan was set to expire on May 15, 2020; and
WHEREAS, Quadrangle requested that the Village Board extend the approval of the
Final Development Plan until May 15, 2022 ("Extension'); and
WHEREAS, Resolution No: R-20-14 . adoptedby the Village Board on
May 4 ..2020 (`Wesolution'), approved the. Extension; and
WHEREAS, Section 3.A.2 of the Resolution provides that the Resolution will be of no
force or effect unless and until the Quadrangle has filed, within 30 days following the passage
of the Resolution, their unconditional agreement and consent to indemnify the VilIage.for
any claims that may arise in connection with the approval of the Final Development Plan
and the Extension; .
NOW,. THEREFORE, Quadrangle does hereby agree and covenant as follows:
1. Quadrangle acknowledges that all applicable statutory requirements were
properly complied with in regards to the Extension and adoption of the Resolution.
2. Quadrangle acknowledges and agrees that the Village is not and will not be, in
any way, liable for any damages or injuries that may be sustained as a result of the Village's
granting the Extension or adoption of the Resolution, and that the Village's approval of the
Extension does not, and will not, in any way, be deemed to insure Quadrangle against
damage or injury of any kind and at any time.
3. Quadrangle hereby agrees to hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may, at any
time, be asserted against any of such parties in connection with the Village's adoption of the
Resolution granting the Extension for the Property.
[SIGNATURE PAGE FOLLOWS]
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Dated:A.4, 2-012020.
QUADRANGLE PARKWAY HOLDINGS
ATTEST: LLC, a Delaware Limited L' y
Company
By: By: �L
Its: A4- Its:
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