O-18-35001
VILLAGE OF DEERFIELD
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STATE OF ILLINOIS ) Image# 057965320067 Type: ORD
Recorded: 01/24/2019 at 03:29:49 PM
Receipt#: 2019-00003827
Page 1 of 67
COUNTIES OF LAKE AND COOK ) SS Fees: $50.00
Lake Countv IL Recorder
VILLAGE OF DEERFIELD ) Mary Ellen Vanderventer Recorder
File7539480
The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake
and Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance 0-18-35, an Ordinance Granting a Special Use Permit for a Planned Residential
Development (658, 662, and 702 Elm Street)
as appears in the records and files of the office of the Village Clerk
Dated this 24th day of January, 2019
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DAVID E. FITZG
Deputy Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214
VILLAGE OF DEERFIELD
ORDINANCE NO. 0-18-35
AN ORDINANCE GRANTING A SPECIAL USE PERMIT
FOR A PLANNED RESIDENTIAL DEVELOPMENT
(658, 662, and 702 Elm Street)
WHEREAS, 1219 Partners, LLC ("Applicant") is the record title owner of those
certain parcels of real property consisting of approximately 0.89 acres, located in the R-4
Single and Two Family Residence District of the Village ("R-4District."), and commonly and
collectively known as 658, 662, and 702 Elm Street, Deerfield, Illinois ("Property"); and
WHEREAS, the Property is currently improved with three residential structures; and
WHEREAS, the Applicant desired to demolish the Current Improvements and
construct eight townhomes on the Property ("Originally Requested Relief); and
WHEREAS, in connection with the Originally Requested Relief, the Applicant filed
an application with the Village seeking approval of, among other things, a special use permit
for a planned residential development ("Original Application'; and
WHEREAS, a public hearing was held by the Plan Commission of the Village of
Deerfield ("Plan Commission') on March 22, 2018, to consider approval of the Applicant's
Originally Requested Relief, and on March 22, 2018, the Plan Commission recommended that
the Village Board deny the Original Application; and
WHEREAS, the Applicant revised the Originally Application to reduce the number
of townhomes from eight to seven ("Application'); and
WHEREAS, the Applicant now desires to construct on the Property a three-
townhome structure and a four-townhome structure (collectively, the "Townhome
Structures' for a total of seven townhomes, each with four parking spaces, for a total of 28
parking spaces ("Proposed Development'; and
WHEREAS, in order to construct the Proposed Development on the Property,
pursuant to Section 12.09-B of the "Deerfield Zoning Ordinance, 1978," as amended ("Zoning
Code'), the Applicant has filed an application with the Village for approval of: (i) a map
amendment rezoning the Property to the R-5 General Residence District; (ii) a planned
residential development for the Property (`Planned Development'); (iii) certain zoning
exceptions within the proposed planned residential development; and (iv) a final plat of
subdivision for the Property; and
WHEREAS, on June 18, 2018, the Village Board granted approval of a Preliminary
Development Plan from the Proposed Development; and
WHEREAS, on July 26, 2018, the Plan Commission considered the Applicant's Final
Development Plan at its meeting and adopted finding, recommending approval of the
Proposed Development for the Property; and
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WHEREAS, the Applicant has agreed to execute and record a development
agreement prepared by the Village Attorney, governing the use and development of the
Property and incorporating the conditions set forth in this Ordinance, the text of which is in
substantially the form attached to and, by this reference, made a part of this Ordinance as
Exhibit B ("Development Agreement"); and
WHEREAS, on November 5 , 2018, the Village Board adopted Resolution No.
R-18-26 approving the final plat of subdivision for the Property ("Final Plat of
Subdivision"), effective upon the execution of the Development Agreement, pursuant to
which Final Plat. of Subdivision the Property has been resubdivided into two lots, with the
legal description set forth in Exhibit A attached to and, by this reference, made a part of
this Ordinance; and
WHEREAS, the Village Board has determined that the Proposed Development, and
the zoning exceptions within the Proposed Development, comply with the required standards
for special use permits and planned residential developments as set forth in Article 12 of the
Zoning Code; and
WHEREAS, consistent with the Plan Commission recommendation, the Village
Board has determined that it will serve and be in the best interests of the Village and its
residents to approve the proposed planned residential development for the Property, and to
grant certain zoning exceptions within the proposed planned residential development, all in
accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as the findings of the Village Board.
SECTION TWO: APPROVAL OF A SPECIAL USE PERMIT FOR A
PLANNED RESIDENTIAL DEVELOPMENT. Subject to, and contingent upon, the
conditions, restrictions, and provisions set forth in Section Five of this Ordinance, the Village
Board hereby grants a special use permit for a planned residential development for the
Property, in accordance with, and pursuant to, Article 12 of the Zoning Code and the home
rule powers of the Village.
SECTION THREE: APPROVAL OF A FINAL DEVELOPMENT PLAN. Subject
to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Five
of this Ordinance, the final development plan for the planned residential development for the
Property, consisting of the following documents (collectively, the "Final Development.
Plan"), is hereby approved:
A. The Final Plat of Subdivision for the Property, consisting of two sheets and
prepared by R.E. Allen and Associates, with a latest revision date of October
30, 2018, a copy of which is attached to and, by this reference, made a part of
this Ordinance as Exhibit C;
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B. The Final Site Plan, consisting of one sheet and prepared by Linden Group,
Inc., with a latest revision date of July 11, 2018, a copy of which is attached to
and, by this reference, made a part of this Ordinance as Exhibit D;
C. The Site Geometry and Utility Plan, consisting of one sheet and prepared by
Eriksson Engineering Associates, Ltd., with a latest revision date of August 6,
2018, a copy of which is attached to and, by this reference, made a part of this
Ordinance as Exhibit E;
D. The Site Grading, Paving, and Erosion Control Plan, consisting of one sheet
and prepared by Eriksson Engineering Associates, Ltd., with a latest revision
date of September 27, 2018, a copy of which is attached to and, by this
reference, made a part of this Ordinance as Exhibit F;
E. The Site Work Details, consisting of four sheets and prepared by Eriksson
Engineering Associates, Ltd., with a latest revision date of August 6, 2018, a
copy of which is attached to and, by this reference, made a part of this
Ordinance as Exhibit G;
F. The Off -Site Drainage Exhibit, consisting of one sheet and prepared by
Eriksson Engineering Associates, Ltd., with a latest revision date of August 6,
2018, a copy of which is attached to and, by this reference, made a part of this
Ordinance as Exhibit H;
G. The Final Tree Preservation Plan, consisting of one sheet and prepared by
Ives/Ryan Group, Inc., with a latest revision date of July 26, 2018, a copy of
which is attached to and, by this reference, made a part of this Ordinance as
Exhibit I;
H. The Final Landscape Plan, consisting of two sheets and prepared by Ives/Ryan
Group, Inc., with a latest revision date of July 10, 2018, a copy of which is
attached to and, by this reference, made a part of this Ordinance as Exhibit
J; and
I. The Final Elevations, consisting of one sheet and prepared by Linden Group,
Inc., with a latest revision date of July 10, 2018, a copy of which is attached to
and, by this reference, made a part of this Ordinance as Exhibit K.
SECTION FOUR: APPROVAL OF ZONING MODIFICATIONS AND
VILLAGE CODE VARIATIONS WITHIN A PLANNED DEVELOPMENT: Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of
this Ordinance, the Applicant's requests for the following modifications and Village Code
variations in conjunction with a special use permit for the Planned Development on the
Property are hereby granted for, and with respect to, the Planned Development on the
Property, in accordance with and pursuant to Section 150.510 of the Zoning Code and the
home rule powers of the Village:
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A. Front Yard Setback. An exception from Section 12.02-H.1 of the Zoning Code
to decrease the required minimum front yard setback, as depicted on the Final
Development Plan, from 30 feet to 25 feet.
B. Perimeter Setback. An exception from Section 12.02-H.3 of the Zoning Code to
decrease the required Perimeter setback, as depicted on the Final Development
Plan, from 30 feet, as follows:
1. To 20 feet along the north property line of the Property;
2. To 20 feet along the south property line of the Property; and
To 25 feet along the east property line of the Property.
SECTION FIVE: CONDITIONS. Notwithstanding any use or development right
that may be applicable or available pursuant to the provisions of the Village Code or the
Zoning Code or any other rights the Applicant may have, the approvals granted in Sections
Two, Three, and Four of this Ordinance are hereby expressly subject to and contingent upon
the redevelopment, use, and maintenance of the Property in compliance with each and all of
the following conditions:
A. Development Agreement.
Execution and Recordation. Within 30 days after the adoption of this
Ordinance, the Applicant must execute the Development Agreement.
2. Compliance. The development, use, operation, and maintenance of the
Property must at all times comply with all terms, conditions,
restrictions, and provisions of the Development Agreement.
B. Refuse Service. Residents living on the Property must subscribe, at their sole
cost and expense, to backdoor refuse and recycling collection.
C. Standard Conditions.
Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village
codes and ordinances, as the same have been or may be amended from
time to time, except to the extent specifically provided otherwise in this
Ordinance or the Development Agreement.
2. Compliance with Final Development Plan. The redevelopment, use,
operation, and maintenance of the Property must comply with the Final
Development Plan, except: (a) for minor changes and site work
approved by the Village Principal Planner and the Village Director of
Public Works and Engineering (for matters within their respective
permitting authorities) in accordance with all applicable Village
standards; and (b) for changes approved in accordance with Section
12.09 of the Zoning Code.
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SECTION SIX: RECORDATION: BINDING EFFECT. A copy of this Ordinance
will be recorded in the Office of the Lake County Recorder of Deeds. This Ordinance and the
privileges, obligations, and provisions contained herein will run with the Property and inure
to the benefit of, and be binding upon, the Applicant and its personal representatives,
successors, and assigns.
SECTION SEVEN: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, in addition to all other remedies available to the Village, the
approvals granted in Sections Two, Three, and Four of this Ordinance will, at the sole
discretion of the Village Board, by ordinance duly adopted, be revoked and become null and
void; provided, however, that the Village Board may not so revoke the approvals granted in
Sections Two, Three, and Four unless it first provides the Applicant with two months advance
written notice of the reasons for revocation and an opportunity to be heard at a regular
meeting of the Village Board. In the event of such revocation, the Village Manager and
Village Attorney are hereby authorized and directed to bring such zoning enforcement action
as may be appropriate under the circumstances.
SECTION EIGHT: AMENDMENTS. Any amendment to any provision of this
Ordinance may be granted only pursuant to the procedures, and subject to the standards and
limitations, provided in the Zoning Code for the granting of special use permits.
SECTION NINE: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
1. Passage by the Village Board by a majority vote in the manner required
by law;
Publication in pamphlet form in the manner required by law;
Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the office of the
Recorder of Lake County;
4. Passage and approval of a resolution by a majority of the members of
the Village Board, in the manner provided by law, authorizing the
execution of the Development Agreement; and
Execution by the Applicant of the Development Agreement, and
delivery to the Village of the executed Development Agreement, within
30 days after the passage of this Ordinance.
B. In the event that the Applicant does not deliver fully executed copies of the
Development Agreement within 30 days after the date of final passage of this
Ordinance by the Village Board, as required by Section 9.A.5 of this Ordinance,
the Mayor and Board of Trustees will have the right, in their sole discretion,
to declare this Ordinance null and void and of no force or effect.
AYES: Benton, Jester, Oppenheim, Shapiro
NAYS: Seiden, Struthers
ABSENT: None
PASSED: November 5, 2018
APPROVED: November 6, 2018
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ORDINANCE NO. 0-18-35 � n
Harriet Rosenthal, Mayor
ATTEST:
7:
Kent S. 4treet, Village berk
C.
EXHIBIT A
Legal Description of the Propertx
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN LAKE COUNTY, ILLINOIS
THE PROPERTY COMMONLY KNOWN AS 658, 662, AND 702 ELM STREET, DEERFIELD,
ILLINOIS, 60015
PINS: 16-32-200-024, 16-32-206-007, 16-32-206-008
EXHIBIT B
Development Agreement
THIS DOCUMENT
PREPARED BY AND AFTER
RECORDING RETURN TO:
Steven M. Elrod
Holland & Knight, LLP
131 S. Dearborn Street
30"' Floor
Chicago, IL 60603
Above Space For Recorders Use Only
DEVELOPMENT AGREEMENT
BETWEEN
THE VILLAGE OF DEERFIELD AND 1219 PARTNERS, LLC
(658, 662 AND 702 ELM STREET)
November 5
DATED AS OF , 2018
DEVELOPMENT AGREEMENT
BETWEEN
THE VILLAGE OF DEERFIELD AND 1219 PARTNERS, LLC
(658, 662 AND 702 ELM STREET)
THIS DEVELOPMENT AGREEMENT ("Agreement") is made as of the 5th day of
November 2018, by and among the VILLAGE OF DEERFIELD, an Illinois home rule
municipal corporation ("Village'l, and 1219 PARTNERS, LLC, an Illinois limited liability
company ("Developer'j.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements
set forth in this Agreement, and pursuant to the Village's home rule powers, the parties hereto
agree as follows:
SECTION 1. RECITALS.'
A. The Property is an approximately 0.89-acre site comprised of three lots of record
commonly known as 658, 662, and 702 Elm Street, in Deerfield, Illinois.
B. As of the Effective Date of this Agreement, Developer is the record title owner of
the Property.
C. The Property is currently improved with three single-family homes, one on each
of the three lots (collectively, "Current Improvements'l.
D. Originally, the Developer desired to demolish the Current Improvements and
construct eight townhomes on the Property ("Originally Requested RelieFl.
E. In connection with the Originally Proposed Development, Developer filed an
application with the Village seeking approval of, among other things, a special use permit for a
planned unit development ("Original Application"}.
F. A public hearing was held by the Plan Commission of the Village of Deerfield
("Plan Commission'l on March 22, 2018, to consider approval of the Developer's Originally
Requested Relief. On March 22, 2018, the Plan Commission issued a recommendation,
recommending that the Village Board deny the Originally Requested Relief.
G. Prior to the April 16, 2018, Village Board meeting, the Developer revised the
Originally Application to reduce the number of townhomes from eight to seven.
H. The Developer now desires to construct on the Property a three-townhome
structure and a four-townhome structure (collectively, the "Townhome Structures'l for a total
of seven townhomes, each with four parking spaces, for a total of 28 parking spaces
("Proposed Development'j; and
I. In connection with the Proposed Development, Developer revised its application
with the Village to seek approval of (1) a special use permit for a planned unit development; (2)
'All capitalized words and phrases throughout this Agreement have the meanings set forth in the
preamble above and in Section 2 and the other provisions of this Agreement. if a word or phrase is not
specifically defined in this Agreement, it has the meaning ascribed to it in the Zoning code.
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certain zoning exceptions within the proposed planned development; (3) the rezoning of the
Property; (4) a text amendment to the Zoning Code; (5) an amendment to the Comprehensive
Plan; and (6) a plat of resubdivision for the Property ( "Requested RelieiF'l.
J. On April 16, 2018, the Village Board referred to the revised application for the
Proposed Development and the Requested Relief back to the Plan Commission for its
consideration.
K. On May 24, 2018, a public hearing was held by the Plan Commission to consider
approval of the Proposed Development of the Property and the Requested Relief. On May 24,
2018, the Plan Commission issued a recommendation, recommending to the Village approval of
the Relief Requested, subject to specified conditions.
L. On November 5 2018, the Village Board approved the Proposed Development of
the Property and the Requested Relief, effective upon the execution of this Agreement.
M. The Corporate Authorities, after due and careful consideration, have concluded
that the redevelopment and use of the Property pursuant to and in accordance with this
Agreement would further enable the Village to control the development of the area and would
serve the best interests of the Village.
N. The Village desires that the Property be redeveloped and used only in
compliance with this Agreement and the Special Use Ordinance.
O. As provided in, and as a condition of, the Special Use Ordinance, the Developer
has agreed to execute this Agreement so as to provide that the Property be redeveloped and
used only in compliance with this Agreement and the Special Use Ordinance.
SECTION 2. DEFINITIONS: RULES OF CONSTRUCTION.
A. Whenever used in this Agreement, the following terms have the following
meanings unless a different meaning is required by the context:
"Buildincr• Code": Chapter 6 of the Village Code.
"Common Area": All areas of the Property that are not within any of the dwelling units
to be constructed on the Property.
"Corporate Authorities": The Village President and Village Board of Trustees of the
Village.
"Demolition Plan": That certain Site Demolition Plan for the Property, consisting of one
sheet and prepared by Eriksson Engineering Associates, Ltd., with a latest revision date of
February 26, 2018, a copy of which plat is attached to this Agreement as Exhibit C.
"Develo,oment Code": The "Development Code of the Village of Deerfield, Illinois," as
amended.
"Effective Date": The date of execution of this Agreement by all of the Parties, which
date is deemed to be the date set forth in the first paragraph of page one of this Agreement.
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"Events of Default": Defined in Section 13.A of this Agreement with respect to
Developer and in Section 13.13 of this Agreement with respect to the Village.
"Final Development Plan": That certain set of plans and documents comprising the
final development plan for the Property, as approved and defined in Section 3 of the Special
Use Ordinance, as may be amended pursuant to Section 161 of this Agreement.
"Final Plat of Subdivision": That certain plat of subdivision of the Property titled "702
Elm Street Subdivision," consisting of two sheets and prepared by R.E. Allen and Associates,
with a latest revision date of September 18, 2018, which plat has been approved by the
Corporate Authorities pursuant to Resolution I R-18-2.q and a copy of which plat is attached to
this Agreement as Exhibit B.
"Force Majeure": Strikes, lockouts, acts of God, or other factors beyond a party's
reasonable control and reasonable ability to remedy; provided, however, that Force Majeure
does not include: (i) delays caused by weather conditions, unless the weather conditions are
unusually severe or abnormal considering the time of year and the particular location involved;
or (ii) economic hardship, impracticability of performance, or commercial, economic, or market
conditions.
"HOA Declaration": Defined in Section 6 of this Agreement.
"Impact Fee Ordinance": Village Ordinance No. 0-93-48.
"Improvements": The on -site and oft -site improvements to be made in connection with
the redevelopment of the Property, as provided in Section 4 of this Agreement, including,
without limitation, the Public Improvements.
"Parties": The Village and Developer, collectively.
"Person". Any natural individual, corporation, partnership, individual, joint venture,
trust, estate, association, business, enterprise, proprietorship, or other legal entity of any kind,
either public or private, and any legal successor, agent, representative, or authorized assign of
the above, or other entity capable of holding title to, or any lesser interest in, real property.
"Property": That certain tract of land, consisting of 0.89 acres, commonly known as
658, 662, and 702 Elm Street, Deerfield, Illinois, and legally described in Exhibit A attached to
this Agreement.
"Public Improvements". Those Improvements that will be dedicated to, and accepted
by, the Village.
"Requirements of Law": All applicable federal, state and Village laws, statutes, codes,
ordinances, resolutions, rules, and regulations.
"Site Restoration": Site restoration and modification activities to establish a park -like
setting suitable for passive outdoor recreational activities.
"Special Use Ordinance": Ordinance No. 0-18-35, adopted by the Corporate Authorities
and as may be amended: (1) approving a special use permit for a planned development for the
Property; (ii) approving the Final Development Plan; and (iii) granting certain zoning exceptions
within the approved planned development.
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"Structure": Defined in the Zoning Code, and including, without limitation, the
Townhome Structures on the Property.
"Subdivision Ordinance": The "Deerfield Subdivision Ordinance," as amended.
"Village Code": "The Municipal Code of the Village of Deerfield, Illinois, 1975," as
amended.
"Zonigg Code': The "Deerfield Zoning Ordinance 1978", as amended.
B. Rules of Construction.
1. Grammatical Usage and Construction. In construing this Agreement,
feminine or neutral pronouns are substituted for those masculine in form and vice versa, and
plural terms are substituted for singular and singular for plural, in any place in which the context
so requires.
2. Headings. The headings, titles, and captions in this Agreement have
been inserted only for convenience and in no way define, limit, extend, or describe the scope or
intent of this Agreement.
3. Calendar Days. Unless otherwise provided in this Agreement, any
reference in this Agreement to "day" or "days" means calendar days and not business days. If
the date for giving of any notice required to be given, or the performance of any obligation,
under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or
obligation may be given or performed on the next business day after that Saturday, Sunday, or
federal holiday.
SECTION 3. REDEVELOPMENT, USE: OPERATION AND MAINTENANCE OF THE
PROPERTY.
Notwithstanding any use or development right that may be applicable or available to the
Property pursuant to the Zoning Code, the Property must be redeveloped, used, operated, and
maintained only pursuant to, and in accordance with, the terms and provisions of this
Agreement and its exhibits, including, without limitation, the following development restrictions:
A. Standard Conditions. The development, use, operation and maintenance of
the Property must comply with all applicable Village codes and ordinances, as the same have
been or may be amended from time to time, except to the extent specifically provided otherwise
in this Agreement or the Special Use Ordinance. The development, use, operation and
maintenance of the Property must comply with the Final Development Plan, except for minor
alterations due to final engineering and site work as may be approved by the Principal Planner,
the Village Engineer, or the Village Forester (for matters within their respective permitting
authorities) in accordance with all applicable Village standards.
B. Maximum Dwellinn Units. Not more than seven townhomes may be
constructed or occupied on the Property.
C. Maintenance Prior to Sale. Upon completion of construction of the
Improvements, Developer must maintain: (1) each and every one of the townhomes on the
Property in a first rate condition and as required by the HOA Declaration that is required
5
pursuant to Section 6 of this Agreement, until the dwelling unit is substantially complete and is
sold to a third party; and (2) the Common Area, which maintenance must include, without
limitation, seeding and mowing; provided, however, that, without limiting Developer's obligations
under this Section &C, from and after the Transfer Date, as defined in the HOA Declaration,
some or all of such maintenance items may be provided by the Association, as governed by the
HOA Declaration.
D. Demolition of the Current Improvements. Developer must demolish the
Existing Improvements on the Property in strict compliance with the Demolition Plan and the
Requirements of Law.
E. Construction of New Structures. The Townhome Structures to be constructed
pursuant to Final Development Plan must be, constructed and located on the Property as
depicted on the Final Development Plan.
F. Operation and Use. Operation of the buildings, Structures, and the Property
must at all times be in strict conformance with the applicable provisions of the Zoning Code, the
Special Use Ordinance, and the Requirements of Law.
G. _Sidewalks and Pedestrian Pathway . Developer must install and maintain all
sidewalks and demarcated pedestrian pathways on the Property, as depicted in the Final
Development Plan.
H. Parkins and Parking Areas. Not less than 28 off-street parking spaces must be
provided on the Property, as depicted in the Final Development Plan.
I. Landscapina and Tree Preservation.
1. Landscaping. Prior to the issuance by the Village of a final certificate of
occupancy for the Townhome Structures on the Property, Developer must install all landscaping
on the Property, as depicted in the Final Development Plan, which landscaping must be
installed and maintained in accordance with the following:
a. Unless otherwise approved in advance by the Village Engineer, no
plant material to be installed on the Property may be purchased or relocated from a location that
is not within a 150-mile radius of the Village.
b. Developer must, prior to construction, erect fencing satisfactory to
the Village Engineer to protect those existing trees located on the Property: (i) designated in the
Final Development Plan; and (ii) designated for protection by the Village Engineer.
C. No grade alteration or construction may take place within
designated tree preservation areas, consistent with the tree fencing plan that must be submitted
with Developer's applications for building permits for the Proposed Development.
d. All trees, shrubs, plantings, and ornamentals must be healthy, and
of the size, height, and species described in the Final Engineering Plans.
e. The Village Engineer will have the right to reasonably reject or
require replacement of any landscaping that is not in accordance with this Agreement.
f. Developer must, and does hereby, guarantee the proper health
and survival of all landscaping (new and transplanted) for a period of two years after the date of
the installation of such landscaping.
g. The final grade of the site must contain a minimum of four to six
inches of topsoil, except as may be approved by the Village Engineer.
h. Upon installation, the trees required to be installed and planted
Pursuant to this Agreement must have the minimum height and diameter as represented on the
Final Engineering Plans, and must comply with the tree replacement requirements set forth in
the Village Code.
i. Developer must replace any plantings that are not healthy and
growing at any time within the first two year from the date of installation.
2. Tree Preservation. Developer must comply with all applicable tree
preservation measures adopted by the Village.
J. General Use and Development Restrictions. The redevelopment and use of,
and the construction on, the Property, must, except for minor alterations due to final engineering
and site work approved by the Village Engineer or the Director of Community Development, as
appropriate, comply, and be in accordance, with the following:
this Agreement;
2. the Special Use Ordinance;
3. the Final Plat of Subdivision;
4. the Final Development Plan, and all individual plans and
documents of which it is comprised;
5. the Zoning Code;
6. the Building Code;
7. the Development Code;
8. the Subdivision Ordinance; and
9. the Requirements of Law.
Unless otherwise provided in this Agreement either specifically or in context, in the event
of a conflict between or among any of the plans or documents listed as or within items 1 through
9 of this Section 3.J, the plan or document that provides the greatest control and protection for
the Village, as determined by the Village Manager, will control. All of the plans and documents
listed as items 1 through 9 of this Section 3.J will be interpreted so that the duties and
requirements imposed by any one of them are cumulative among all of them, unless otherwise
provided in this Agreement either specifically or in context.
SECTION 4. IMPROVEMENTS.
A. Description of Improvements. Developer must, at its sole cost and expense,
construct and install all of the Improvements depicted in the Final Development Plan, except for
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minor changes and site work approved by the Village's Principal Planner and the Village
Engineer (for matters within their respective permitting authorities).
B. Desion and Construction of the Improvements.
1. General Standards. All Improvements must be designed and constructed
pursuant to and in accordance with the Final Development Plan and the Special Use Ordinance,
and are subject to the reasonable written satisfaction of the Village Engineer in accordance with
the Village Code. All work performed on the Improvements must be conducted in a good and
workmanlike manner, with due dispatch, and within the time(s) provided in this Agreement. All
materials used for construction of the Improvements must be new and of first rate quality.
2. Contract Terms Prosecution of the Work. Developer must include in
every contract for work on the Improvements terms requiring the contractor to prosecute the
work diligently and continuously, in full compliance with, and as required by or pursuant to, this
Agreement, the Special Use Ordinance, the Final Development Plan, and the Requirements of
Law, until the work is properly completed, and providing that Developer may take over and
prosecute the work if the contractor fails to do so in a timely and proper manner.
3. Engineerina Services. Developer must provide, at its sole cost and
expense, all engineering services for the design and construction of the Improvements, by a
professional engineer responsible for overseeing the construction of the Improvements.
Developer must promptly provide the Village with the name of a local owner's representative
and a telephone number or numbers at which the owner's representative can be reached at all
times.
4. Village Inspections and Approvals. All work on the Improvements is
subject to inspection and approval by Village representatives at all times.
5. Other Ai)provals. Where the construction and installation of any
Improvement requires the consent, permission, or approval of any public agency or private
party, Developer must promptly file all applications, enter into all agreements, post all security,
pay all fees and costs, and otherwise take all steps that may be required to obtain the consent,
permission, or approval.
C. Utilities.
1. Burial of.Utilities. Developer must, at its sole cost and expense, cause to
be buried all existing and future electric poles and wires on the Property and on rights -of -way
immediately adjacent to the Property, as shown in the Civil Engineering Plans, in a manner and
in locations approved in advance by the Village Director of Public Works. Developer must
cooperate with all utility companies and owners of neighboring properties as may be necessary
to ensure that the burial of utilities required pursuant to this Section 4.C.1 does not
unreasonably disrupt utility service to neighboring properties.
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2. Connection of Utilities.
I. Developer must, at its sole cost and expense, and in accordance
with and pursuant to the Final Development Plan, upgrade: (a) all public utility connections
servicing the Property; and (b) the connection of all utilities to facilities located on the Property.
ii. No utilities located on the Property may be connected to the sewer
and water utilities belonging to the Village except in accordance with the applicable provisions of
the Village Code and upon payment of the connection fees required pursuant to the Village
Code.
D. Com letion of the lmrtrovements. The Village has the right, but not the
obligation, to refuse to issue a final certificate of occupancy for any building or structure located
on the Property until the Improvements are completed by Developer and approved by the
Village. The foregoing does not preclude the Village's issuance of conditional certificates of
occupancy pursuant to Section 5.E.3 of this Agreement and the applicable provisions of the
Village Code. The issuance of any building permit or certificate of occupancy by the Village at
any time prior to completion of all of the Improvements by Developer and approval of the
Improvements by the Village will not confer on Developer any right or entitlement to any other
building permit or certificate of occupancy.
E. Dedication and Maintenance of the Improvements.
1. Final Ins ection and DDroval of the Im rovements. Developer shall
notify the Village when it believes that any or all of the Improvements have been fully and
properly completed and shall request final inspection and approval of the Improvement or
Improvements by the Village. The notice and request shall be given far enough in advance to
allow the Village time to inspect the Improvements and to prepare a punch list of items requiring
repair or correction and to allow Developer time to make all required repairs and corrections
prior to the scheduled completion date. Developer shall promptly make all necessary repairs
and corrections as specified on the punch list. The Village shall not be required to approve any
portion of the Improvements until: (a) all of the Improvements as may be required pursuant to
Section 4.A of this Agreement, including all punch list items, have been fully and properly
completed; and (b) the Village Director of Public Works has determined that the specific
Improvement has been constructed to completion, in accordance with all applicable plans,
specifications, and Requirements of Law.
2. Dedication and Acce tance of Public Im rovements. The execution of
this Agreement shall not constitute acceptance by the Village of any Improvements that are
depicted as "dedicated" on the Final Development Plan, if any. The acceptance of ownership
of, and responsibility for, a specific approved Improvement as a Public Improvement shall be
made only by the Corporate Authorities, and only in compliance with the Requirements of Law.
3. Transfer of Ownership of the Public Improvements and Easements to the
Village. Upon the approval of, and prior to acceptance of, the Public Improvements to be
accepted by the Village pursuant to Section 4.E of this Agreement, Developer shall execute, or
cause to be executed, all documents as the Village shall request to transfer ownership of the
Public Improvements to, and to evidence ownership of the Public Improvements by, the Village,
free and clear of all liens, claims, encumbrances, and restrictions, unless otherwise approved by
the Village in writing. Developer shall, at the same time, grant, or cause to be granted, to the
Village all insured easements or other property rights as the Village may require to install,
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operate, maintain, service, repair, and replace the Public Improvements that have not previously
been granted to the Village, free and clear of all liens, claims, encumbrances, and restrictions,
unless otherwise approved by the Village in writing.
4. Developer's Maintenance of Public Improvements. For a period of at
least two years following acceptance by the Village of any Public Improvements, Developer
shall, at its sole cost and expense, maintain the Public Improvements without any modification,
except as specifically approved in writing by the Village Engineer, in a first rate condition at all
times. Developer hereby guarantees the prompt and satisfactory correction of all defects and
deficiencies in any of the Public Improvements that occur or become evident within two years
after acceptance of the Public Improvement by the Village pursuant to this Agreement. In the
event the Village Engineer determines, in the Village Engineer's reasonable discretion, that
Developer is not adequately maintaining, or has not adequately maintained, any Public
Improvement, Developer shall, after 10 days' prior written notice from the Village (subject to
Force Majeure), correct it or cause it to be corrected. If Developer fails to correct the defect,
commence the correction of the defect, or diligently pursue correction of the defect to
completion, the Village, after 10 days' prior written notice to Developer, may, but shall not be
obligated to, enter upon any or all of the Property for the purpose of performing maintenance
work on and to the Public Improvement. In the event that the Village shall cause to be
performed any work pursuant to this Section 4.E.4, Developer shall, upon demand by the
Village, pay the costs of the work to the Village. If Developer fails to pay the costs, the Village
shall have the right to draw from the Maintenance Guarantee required pursuant to Section 9.13
of this Agreement, based on costs actually incurred or on the Village's reasonable estimates of
costs to be incurred, an amount of money sufficient to defray the entire cost of the work,
including legal fees and administrative expenses. In the event any Public Improvement is
repaired or replaced pursuant to this Section 4.E.4, the Village's right to draw upon the
Maintenance Guarantee pursuant to Section 9.13 of this Agreement shall be extended, as to the
repair or replacement, for two full years from the date of the repair or replacement.
SECTION 5. DEMOLITION AND CONSTRUCTION.
A. Single Phase of Development. The demolition of the existing structures on the
Property, construction of the Improvements, and development of the Property must take place in
one continuous phase.
B. Diligent Pursuit of Construction. Developer must pursue, or cause to be
pursued, all required redevelopment, demolition, construction, and installation of structures,
buildings, and Improvements on the Property in a diligent and expeditious manner, and in strict
compliance with the Village Code and the Requirements of Law.
C. Construction Traffic.
1. Construction and Traffic Manaciement Plan. The Developer shall, prior to
commencement of any construction, submit to the Village for approval, a construction and traffic
management plan ("CTM Plan', which CTM Plan shall govern (i) the location, storage, and
traffic routes for construction equipment and construction vehicles, and (ii) the location of
alternative off-street parking during the construction. Developer may not deviate from the CTM
Plan without the prior written approval of the Village Director of Public Works
2. Designated Routes of Access. The Village reserves the right to designate
certain prescribed routes of access to the Property for construction traffic to provide for the
protection of pedestrians and to minimize disruption of traffic and damage to paved street
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surfaces; provided, however, that the designated routes will not: (a) be unreasonably or unduly
circuitous; nor (b) unreasonably or unduly hinder or obstruct direct and efficient access to the
Property for construction traffic.
3. Maintenance of Routes of Access. At all times during the construction of
the structures and Improvements, Developer must (a) keep all routes used for construction
traffic free and clear of mud, dirt, debris, obstructions, and hazards; and (b) repair any damage
caused by construction traffic.
D. Parking and Storm Water Mana ement Durin Construction. During
construction of any of the structures or improvements on the Property, Developer must:
1. install. temporary and durable surface off-street parking on the Property
for the parking of construction employee vehicles, as necessary, which off-street parking must
comply with the standards set forth in the Village Code; and
2. Temporarily divert or control any heavy accumulation of storm water away
from or through the Property in a manner approved in advance by the Village Engineer, which
method of diversion must include early installation of storm drains to collect water and convey it
to a safe discharge point, and be consistent with all Requirements of Law, including, without
limitation, any applicable Lake County, Illinois storm water ordinances and regulations.
E. Issuance of Permits and Certificates.
1. General Ri ht to Withhold Permits and Certificates. In addition to every
other remedy permitted by law for the enforcement of this Agreement, the Village has the
absolute right to withhold the issuance of any building permit or certificate of occupancy for the
Property at any time when Developer has failed or refused to meet fully any of its obligations
under, or is in violation of, or is not in full compliance with, the terms of this Agreement.
2. Pre -Conditions to issuance of Bgilding Permit. The Village will have the
right, but not the obligation, to refuse to issue a building permit for any Structure to be
constructed on the Property prior to the installation by Developer, and approval by the Village
Director of Public Works, of all storm sewer systems, sanitary sewer mains, and site grading
Improvements on the Property.
3. Certificates of Occupancy. A conditional certificate of occupancy and
Property will not be issued until the final grading of the parking spaces serving the
final certificates of occupancy associated with any new building or structure to be located on the
the Property. structures on
F. Com letion of Construction.
1. Removal of PartlallV Constructed Structures and Im rovements. Subject
to Force Majeure, if Developer fails to diligently pursue all demolition and construction as
required in, or permitted by, Sections 3 and 4 of this Agreement to completion within the time
period prescribed in the building permit or permits issued by the Village for the demolition and
construction, as the case may be, and if a perfected application to renew the building permit or
permits is not filed within 30 days after the expiration of the permit or permits, Developer must,
within 60 days after notice from the Village: (a) remove any partially constructed or partially
completed buildings, structures, or Improvements from the Property; and (b) perform Site
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Restoration on that portion of the Property in which Developer has failed to complete all such
demolition and construction, all in accordance with plans approved by the Village.
2. Removal and Restoration b Village. In the event Developer fails or
refuses to remove any partially completed buildings, structures, and Improvements, or to
perform Site Restoration, as required pursuant to Section 5.F.1 of this Agreement, the Village
will have, and is hereby granted the right, at its option, to: (a) demolish and/or remove any of the
partially completed buildings, structures, and Improvements from any and all portions of the
Property; (b) perform Site Restoration; and/or (c) cause the buildings, structures, or
Improvements to be completed in accordance with the plans submitted. Developer must fully
reimburse the Village for all costs and expenses, including legal and administrative costs,
incurred by the Village for such work. If Developer does not so fully reimburse the Village, the
Village will have the right to draw from the Performance Security, as described in and provided
pursuant to Section 9 of this Agreement, an amount of money sufficient to defray the entire cost
of the work, including legal fees and administrative expenses. If Developer does not so fully
reimburse the Village, and the Performance Security has no funds remaining in it or is otherwise
unavailable to finance such work, then the Village will have the right to place a lien on the
Property for all such costs and expenses in the manner provided by law. The rights and remedies provided in this Section 5.F.2 are in addition to, and not in limitation a any other
rights and remedies otherwise available to the Village in this Agreement, at law, and/or in equity.
G. As -Built Plans. After completion of construction of any new structure,
Developer must submit to the Village's Principal Planner final "as -built" plans: (1) related to
drainage, grading, storm sewer, sanitary sewer and water mains, and associated structures:
and (2) for other final construction documents as required and approved by the Village Engineer
amount, in square feet, of impervious surface area on the Property. and the Village Principal Planner. The as -built plans must indicate, without limitation, the
H. Damage to Public Property. Developer must maintain the Property and all
streets, sidewalks, and other public property in and adjacent to the Property in a good and clean
condition at all times during the redevelopment of the Property and construction of the
Improvements. Further, Developer must: (1) promptly clean all mud, dirt, or debris deposited on
any street, sidewalk, or other public property in or adjacent to the Property by Developer or any
agent of or contractor hired by, or on behalf of, Developer; and (2) repair any damage that may
be caused by the activities of Developer or any agent of or contractor hired by, or on behalf of,
Developer.
SECTION 6. HOMEOWNERS' ASSOCIATION DECLARATION.
A declaration of a homeowners' association ("HOA Declaration'), acceptable in form
and substance to the Village Attorney, must be executed by Developer and recorded against the
Property in the office of the Lake County Recorder of Deeds. The HOA Declaration must be
executed and recorded not later than the date on which the closing for the sale of any dwelling
unit subject to the HOA Declaration takes place. The HOA Declaration must contain a provision
prohibiting any amendment thereto that would conflict with this Agreement without prior
approval by the Corporate Authorities. Further, without limitation of the foregoing, the HOA
Declaration must, at a minimum, contain the following provisions:
A. Homeowners' Association. Developer must create and establish an
association for the owners of the dwelling units on the Property ("Association"). The
documents creating and governing the Association, including, without limitation, the HOA
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Declaration and the by-laws ("Governing Documents"), must, at a minimum, contain the
following provisions:
1. Membership in Association. Membership in the Association is mandatory
for each and every owner and successive owner having a right to the use or benefit of any
portion of the Common Area.
2. Insurance. The Association is responsible for casualty and liability
insurance and real estate taxes for the Common Area.
3. O )eration and Maintenance. The Association will own, and will be
responsible for the continuity, care, conservation, maintenance, and operation of, in a first rate
condition, in perpetuity, and in accordance with predetermined standards, the Common Area,
and all landscaping, equipment, appurtenances and stormwater detention facilities located on or
within the Common Area and the cost of power required for such equipment and
appurtenances. The Association must regularly and systematically perform the maintenance,
repair, and replacement of any and all parts or portions of the Common Area necessary to
permit the Common Area to function as originally designed.
4. Snow Removal, The Association, and not the Village, will be responsible,
at the Association's expense, for snow removal on or from the Property.
5. Association Fees. The owners of each dwelling unit must pay their pro
rata share of all costs and expenses incurred by the Association by means of assessments to
be levied by the Association that meet the requirements for becoming a lien, foreclosable in the
same manner as statutory mortgage liens, on each such member's fee interest in the Property
in accordance with the statutes of the State of Illinois. The Association will have the right to
adjust the assessment to meet changing needs. The membership vote required to authorize
such an adjustment may not be fixed at more than 51 % of the members voting on the issue,
unless otherwise required by State law. Notwithstanding any provision of this Section 6.A.5 to
the contrary, no off-street parking space that is required to be located on the Property pursuant
to the Zoning Code may be sold or transferred except as part of the sale or transfer of the
dwelling unit for which the use of such parking space is reserved.
6. Final A)proval wi Village. The Village, through its Principal Planner, has
the right of final approval of the Governing Documents.
7. A roval of Modifications by Village. No modifications or revisions to the
provisions in the Governing Documents required pursuant to Section 6 of this Agreement, or to
any provision that is inconsistent with the requirements of this Agreement will be effective
without the prior review and written approval of the Village Principal Planner.
B. General Provisions.
1. Enforcement of Governing Documents. The Village, as well as the
owners of each dwelling unit, will have the right to enforce the Governing Documents.
2. Village Performance. The Village will have the right, but not the
obligation, after 30 days written notice to the Association, to perform any preservation,
maintenance or repair work that, in the sole opinion of the Village, the Association has
neglected to perform on the Common Area, to assess the members of the Association for such
work, and to file a lien against the property of the Association or the property of any member
failing to pay the assessment.
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3. Run with Property. The HOA Declaration must run with and bind the
Property, each dwelling unit, and all portions thereof, and will be binding on Developer, and its
successors in interest, to the Property and the dwelling units.
SECTION 7. DEVELOPMENT IMPACT FEES.
Developer hereby agrees to fully comply with, and cause to be paid, the fees in lieu of
land contributions calculated pursuant to the Impact Fee Ordinance for the following districts
(collectively, `Impact Fees'j:
1. The Deerfield Park District;
2. Deerfield Public Schools District 109;
3. Township High School District No. 113;
4. Deerfield -Bannockburn Fire Protection District; and
5. The Village.
The Impact Fees are based on a per unit basis and must be paid prior to the issuance of any
building permits for each residential structure on the Property. Developer acknowledges that
the payment of development impact fees imposed by the Impact Fee Ordinance are reasonable
and that Developer hereby holds harmless and releases the Village, the Deerfield Park District,
Deerfield Public Schools District 109, Township High School District 113, and Deerfield
Bannockburn Fire Protection District (collectively, the "Districts") from any claim or other action
Developer may have against either or both the Village or the Districts as a result of the Impact
Fee Ordinance and the impact fees exacted thereunder for distribution to any District by the
Village. Developer acknowledges and agrees that, if Developer is entitled to any credit toward
the Impact Fees as a result of development impact fees previously paid by third -parties with
respect to other proposed developments of the Property, and if such credit exceeds the Impact
Fees otherwise due pursuant to this Section 7: (a) the Village will have no liability or
responsibility whatsoever to pay to Developer the difference between the credit and the Impact
Fees otherwise due; and (b) Developer must pursue any claim for any such payment with the
affected Districts.
SECTION 8. PAYMENT OF VILLAGE FEES AND COSTS.
A. Negotiation and Review Fees. In addition to all other costs, payments, fees,
charges, contributions, or dedications required by this Agreement or by the Requirements of
Law, Developer must pay to the Village, contemporaneous with the execution of this Agreement
by the Village Manager, all third -party legal, engineering, and other consulting or administrative
fees, costs, and expenses incurred or accrued in connection with: (1) the redevelopment of the
Property, including, without limitation, the review and processing of plans therefor; and (2) the
negotiation, preparation, consideration, and review of this Agreement. Payment of all fees,
costs, and expenses must be made by a certified or cashier's check. Developer acknowledges
and agrees that it will continue to be liable for and to pay, promptly after presentation of a
written demand or demands for payment, such third -party fees, costs, and expenses incurred in
connection with any applications, documents, proposals, or requests for interpretations or
amendments of this Agreement, whether formal or informal, of whatever kind, submitted by
Developer during the term of this Agreement in connection with the use and redevelopment of
the Property. Further, Developer acknowledges and agrees that it is liable for and will pay after
14
demand all fees, costs, and expenses incurred by the Village for publications and recordings
required in connection with the above matters.
B. Other Village Fees. In addition to all other costs, payments, fees, charges,
contributions, or dedications required by this Agreement, Developer must pay to the Village all
application, inspection, and permit fees, all water and sewer general and special connection
fees, tap -on fees, charges, and contributions, and all other fees, charges, and contributions
pursuant to the Requirements of Law.
SECTION 9. PERFORMANCE SECURITY.
A. General Reguirements. As security to the Village for the performance by
Developer of Developer's obligations pursuant to and in accordance with this Agreement,
Developer must cause to be provided to the Village a letter or letters of credit, in a total amount
equal to 125% of the estimated cost of completing the Improvements required pursuant to this
Agreement, as determined in the sole and absolute discretion of the Village Engineer and the
Village Director of Community Development (for matters within their respective permitting
authorities) ("Performance Security'l. The Performance Security must be in a form provided
by, and acceptable to, the Village. The Village will release the Performance Security in a timely
fashion upon the Village's approval and, as appropriate, acceptance of the Improvements;
provided, however, that the Village will only be required to release that percentage of the
Performance Security that equals the portion of the Improvements that have been approved
and, as appropriate, accepted.
B. Maintenance Guarantee for Public Improvements. Following the Village's
release of any percentage of the Performance Security for any Public Improvement, Developer
shall substitute for the released percentage of the Performance Security a maintenance
guarantee in the form of a letter of credit or performance bond ("Maintenance Guarantee',
which is equal to 15 percent of the actual costs of the completed Public Improvements for which
the letter of credit has been released, and which is acceptable to the Village Attorney.
Developer shall deposit the Maintenance Guarantee with the Village. The Maintenance
Guarantee shall be effective for a period of two years from the date of acceptance by the Village
of the Public Improvements and may be utilized by the Village in accordance with Section 4.E.4
of this Agreement ("Maintenance Guarantee Term'). The Village shall return to Developer the
Maintenance Guarantee upon the end of the Maintenance Guarantee Term if no defects
develop in the Public Improvements.
SECTION 10. LIABILITY AND INDEMNITY OF VILLAGE.
A. Village Review. Developer 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 the result
of the Village's review and approval of any plans for the Property or the Improvements, or the
issuance of any approvals, permits, certificates, or acceptances, for the development or use of
the Property or the Improvements, and that the Village's review and approval of any such plans
and the improvements and issuance of any such approvals, permits, certificates, or
acceptances does not, and will not, in any way, be deemed to insure Developer or any of its
successors, assigns, tenants and licensees, or any third party, against damage or injury of any
kind at any time.
B. Villa a Procedure. Developer acknowledges and agrees that all notices,
meetings, and hearings have been properly given and held by the Village with respect to the
15
approval of this Agreement and the Special Use Ordinance, and the Developer agrees not to
challenge such approvals on the grounds of any procedural infirmity or of any denial of any
procedural right.
C. Indemnity. Developer, only as to its own acts or omissions, agrees to, and does
hereby, hold harmless and indemnify the Village and all Village elected or appointed officials,
officers, employees, agents, representatives, engineers, and attorneys, from any and all claims
that may be asserted at any time against any of those parties in connection with: (1) the Village's
review and approval of any plans for the Property or the Improvements; (h) the issuance of any
approval, permit, certificate, or acceptance for the Property or the Improvements; and (iii) the
development, construction, maintenance, or use of any portion of the Property or the
Improvements ('7ndemniged Claims'j; provided, however, that this indemnity will not apply to
willful misconduct or gross negligence on the part of the Village.
D. Defense E sense. Developer, only as to its own acts or omissions, hereby
agrees to, pay all expenses, including legal fees and administrative expenses, incurred by the
Village in defending itself with regard to any and all of the Indemnified Claims.
SECTION 11. NATURE SURVIVAL AND TRANSFER OF OBLIGATIONS.
A. Successors and Transferees. To assure that all grantees, successors,
assigns, and transferees of Developer and all successor owners of all or any portion of the
Property have notice of this Agreement and the obligations created by it, Developer must:
1. Deposit with the Village Clerk, concurrent with the Village's approval of
this Agreement, any consents or other documents necessary to authorize the Village to record
this Agreement in the office of the Lake County Recorder of Deeds;
2. Notify the Village in writing at least 30 days prior to any date on which
Developer transfers a legal or beneficial interest in any portion of the Property to a third party;
3. Incorporate this Agreement into any and all real estate sales contracts for
"transfers," as that term is defined in Section 11.13 of this Agreement, entered into for the sale of
all or any portion of the Property; and
4. Except as provided in Section 11.0 of this Agreement, require, prior to the
transfer of all or any portion of the Property, or any legal or equitable interest therein, to any
third party, the transferee of said portion or interest in the Property to execute an enforceable
written agreement, in substantially the form of Exhibit D to this Agreement, agreeing to be
bound by the provisions of this Agreement ("Transferee Assumption Agreement') and to
provide the Village, upon request, with such reasonable assurance of the financial ability of the
transferee to meet those obligations as the Village may require. The Village agrees that upon a
successor becoming bound to the obligation created in the manner provided in this Agreement
and providing the financial assurances required pursuant to this Agreement, the liability of
Developer will be released to the extent of the transferee's assumption of the liability. The
failure of Developer to provide the Village with a copy of a Transferee Assumption Agreement
fully executed by the transferee and, if requested by the Village, with the transferee's proposed
assurances of financial capability before completing any transfer, will result in Developer
remaining fully liable for all of its obligations under this Agreement but will not relieve the
transferee of its liability for all such obligations as a successor to Developer
16
B. Transfer Defined. For purposes of this Agreement, the term "transfer" includes
any assignment, sale, transfer to a receiver or to a trustee in bankruptcy, transfer in trust, or
other disposition of the Property, or any beneficial interest in the Property, in whole or in part, by
voluntary or involuntary sale, foreclosure, merger, sale and leaseback, consolidation, or
otherwise.
C. Mort a ees of Pro ert. This Agreement is binding on all mortgagees of the
Property or other secured parties automatically upon such mortgagee assuming title to the
Property, in whole or in part, by a foreclosure or a deed in lieu of foreclosure without the
necessity of entering into a Transferee Assumption Agreement. Until such time, however, a
mortgagee or other secured party has no personal liability hereunder.
SECTION 12. TERM.
The provisions of this Agreement run with and bind the Property and inures to the benefit
of, is enforceable by, and obligates the Village, Developer, and any of their respective, grantees,
successors, assigns, and transferees, including all successor legal or beneficial owners of all or
any portion of the Property, from the date this Agreement is recorded and until: (a) the
Improvements are approved by the Village and the Public Improvements, as required by this
Agreement and the Village Code, are accepted by the Village; and (b) all maintenance and
guarantee periods established pursuant to this Agreement have concluded. Following such
approval, acceptance, and conclusion, the Village agrees, upon written request of the
Developer, to execute appropriate and recordable evidence of the termination of this
Agreement. If any of the privileges or rights created by this Agreement would otherwise be
unlawful or void for violation of: (i) the rule against perpetuities or some analogous statutory
provision; (ii) the rule restricting restraints on alienation; or (III) any other statutory or common
law rules imposing time limits, then the affected privilege or right will continue only until 21 years
after the death of the last survivor of the now living lawful descendants of the current President
of the United States, or for any shorter period that may be required to sustain the validity of the
affected privilege or right.
SECTION 13. EVENTS OF DEFAULT.
A. Developer Events of Default. The following are Developer Events of Default
under this Agreement:
1. If any representation made by Developer in this Agreement, or in any
certificate, notice, demand or request made by Developer in writing and delivered to the Village
pursuant to or in connection with this Agreement, proves to be untrue or incorrect in any
material respect as of the date made.
2. Default by Developer for a period of 30 days after written notice thereof in
the performance or breach of any covenant contained in this Agreement concerning the
existence, structure or financial condition of Developer; provided, however, that such default or
breach will not constitute an Event of Default if such default cannot be cured within said 30 days
and Developer, within said 30 days, initiates and diligently pursues appropriate measures to
remedy the default and in any event cures such default within 60 days after such notice.
3. Default by Developer for a period of 30 days after written notice thereof
from the Village in the performance or breach of any covenant, warranty or obligation contained
in this Agreement; provided, however, that such default will not constitute an Event of Default if
17
such default cannot be cured within said 30 days and Developer, within said 30 days, initiates
and diligently pursues appropriate measures to remedy the default and in any event cures such
default within 60 days after such notice.
4. The entry of a decree or order for relief by a court having jurisdiction in
the premises in respect of Developer in an involuntary case under the federal bankruptcy laws,
as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency
or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee,
sequestrator (or similar official) of Developer for any substantial part of its property, or ordering
the winding -up or liquidation of its affairs and the continuance of any such decree or order
unstayed and in effect for a period of 60 consecutive days.
5. The commencement by Developer of a voluntary case under the federal
bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state
bankruptcy, insolvency or other similar law, or the consent by Developer to the appointment of
or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or
similar official) of Developer or of any substantial part of the Property, or the making by any
such entity of any assignment for the benefit of creditors or the failure of Developer generally to
pay such entity's debts as such debts become due or the taking of action by Developer in
furtherance of any of the foregoing, or a petition is filed in bankruptcy by others.
6. Failure to have funds to meet Developer's obligations.
7. Sale, assignment, or transfer of the Property except in accordance with
the Transferee Assumption provisions in Section 11 of this Agreement.
8. Change in the organizational status of Developer except in accordance
with the Transferee Assumption provisions in Section 11 of this Agreement.
9. Developer abandons the redevelopment of the Property. Abandonment is
deemed to have occurred when work stops on the redevelopment of the Property for more than
30 days for any reason other than Force Majeure, unless otherwise permitted by this
Agreement. The failure of Developer to secure any approvals required for the development or
construction of the Property is not a valid defense to abandonment.
10. Developer fails to comply with the Requirements of Law in relation to the
construction and maintenance of the Improvements and Structures contemplated by this
Agreement.
B. Events of Default b the Village. The following are Village Events of Default
under this Agreement:
1. If any material representation made by the Village in this Agreement, or in
any certificate, notice, demand or request made by the Village in writing and delivered to
Developer pursuant to or in connection with any of said documents, proves to be untrue or
incorrect in any material respect as of the date made.
2. Subject to Force Majeure, default by the Village for a period of 30 days
after written notice thereof from Developer in the performance or breach of any covenant
contained in this Agreement; provided, however, that such default will not constitute an Event of
Default if such default cannot be cured within said 30 days and the Village, within said 30 days,
18
initiates and diligently pursues appropriate measures to remedy the default and in any event
cures such default within 90 days after such notice.
SECTION 14. REMEDIES FOR DEFAULT AND ENFORCEMENT.
A. Remedies for Default. In the case of an Event of Default under this Agreement:
1. Except as otherwise provided in this Agreement and subject to the
provisions hereinafter set forth, the non -defaulting Party may institute such proceedings in law
or in equity, by suit, action, mandamus, or any other proceeding, as may be necessary or
desirable in its opinion to cure or remedy such default or breach, including, but not limited to,
proceedings to compel specific performance of the defaulting Party's obligations under this
Agreement.
2. Pursuant to Section 5.F of this Agreement, the Village may, without
prejudice to any other rights and remedies available to the Village, require: (a) the demolition
and removal of any partially constructed or partially completed buildings, structures, or
Improvements from the Property; and (b) the performance of Site Restoration. Concurrent with
the Village's exercise of its rights under Section 5.F, the Corporate Authorities will have the
right, but not the obligation, to terminate the entitlements set forth in the Special Use Ordinance
and this Agreement, without protest or objection by Developer.
3. In case the Village proceeds to enforce its rights under this Agreement
and such proceedings are discontinued or abandoned for any reason, then, and in every such
case, Developer and the Village will be restored respectively to their several positions and rights
hereunder, and all rights, remedies and powers of Developer and the Village will continue as
though no such proceedings had been taken.
B. Limitation. Notwithstanding anything to the contrary contained in this
Agreement, including the provisions of this Section 14, Developer agrees that it will not seek,
and does not have the right to seek, to recover a judgment for monetary damages against the
Village or any elected or appointed officials, officers, employees, agents, representatives,
engineers, or attorneys of the Village, on account of the negotiation, execution or breach of any
of the terms and conditions of this Agreement.
C. Repeal of S?ecial Use Ordinance. In addition to every other remedy permitted
by law for the enforcement of the terms of this Agreement, the Village has the absolute right to
repeal the Special Use Ordinance if a Developer Event of Default occurs under this Agreement,
in accordance with Section Six of the Special Use Ordinance.
D. Prevailing, Party. In the event of a judicial proceeding brought by one Party
against the other Party, the prevailing Party in the judicial proceeding will be entitled to
reimbursement from the unsuccessful Party of all costs and expenses, including reasonable
attorneys' fees, incurred in connection with the judicial proceeding.
SECTION 15. WARRANTIES AND REPRESENTATIONS.
A. BY the Village. The Village represents, warrants and agrees as the basis for the
undertakings on its part contained in this Agreement that:
19
1. The Village is a municipal corporation duly organized and validly
existing under the law of the State of Illinois and has all requisite corporate power and authority
to enter into this Agreement;
2. The execution, delivery and the performance of this Agreement and the
consummation by the Village of the transactions provided for herein and the compliance with the
provisions of this Agreement: (i) have been duly authorized by all necessary corporate action on
the part of the Village; (H) require no other consents, approvals or authorizations on the part of the
Village in connection with the Village's execution and delivery of this Agreement; and (M) will not,
by lapse of time, giving of notice or otherwise, result in any breach of any term, condition or
provision of any indenture, agreement or other instrument to which the Village is subject; and
3. To the best of the Village's knowledge, there are no proceedings
pending or threatened against or affecting the Village or the Property in any court or before any
governmental authority that involves the possibility of materially or adversely affecting the ability of
the Village to perform its obligations under this Agreement.
B. By Developer. 1219 Partners, LLC, and the person executing this
Agreement on behalf of 1219 Partners, LLC, represent, warrant, and covenant, as of the
Effective Date of this Agreement, that:
1. 1219 Partners, LLC is an Illinois limited liability company duly organized,
validly existing, and qualified to do business in Illinois;
2. 1219 Partners, LLC has the right, power, and authority to enter into,
execute, deliver and perform this Agreement, and 1219 Partners, LLC is in compliance with
all Requirements of Law, the failure to comply with which could affect the ability of 1219
Partners, LLC to perform its obligations under this Agreement;
3. The execution, delivery and performance by 1219 Partners, LLC of this
Agreement has been duly authorized by all necessary corporate action, and does not and will not
violate its organizational documents, as amended and supplemented, any of the applicable
Requirements of Law, or constitute a breach of or default under, or require any consent under,
any agreement, instrument, or document to which 1219 Partners, LLC is now a party or by
which 1219 Partners, LLC is now or may become bound;
4. There are no actions or proceedings by or before any court,
governmental commission, board, bureau or any other administrative agency pending,
threatened, or affecting 1219 Partners, LLC which would impair its ability to perform under
this Agreement;
5. 1219 Partners, LLC will apply for and will maintain all government
permits, certificates, and consents (including, without limitation, appropriate environmental
approvals) necessary to conduct its business and to construct and complete its obligations as
required by this Agreement;
6. 1219 Partners, LLC has sufficient financial and economic resources to
implement and complete its obligations under this Agreement; and
7. 1219 Partners, LLC has no knowledge of any liabilities, contingent or
otherwise, of 1219 Partners, LLC which might have a material adverse effect upon its ability to
perform its obligations under this Agreement.
20
SECTION 16. GENERAL PROVISIONS.
A. Notices. All notices required or permitted to be given under this Agreement
must be given by the Parties by: (i) personal delivery; (ii) deposit in the United States mail,
enclosed in a sealed envelope with first class postage thereon; or (III) deposit with a nationally
recognized overnight delivery service, addressed as stated in this Section 16.A. The address of
any Party may be changed by written notice to the other Parties. Any mailed notice will be
deemed to have been given and received within three days after the same has been mailed and
any notice given by overnight courier will be deemed to have been given and received within 24
hours after deposit. Notices and communications to the Parties will be addressed to, and
delivered at, the following addresses:
If to the Village:
with a copy to:
If to 1219 Partners, LLC:
With a copy to:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attention: Village Manager
Holland & Knight LLP
131 S. Dearborn Street, 3WI Floor
Chicago, IL 60603
Attn: Steven M. Elrod, Village
Attorney p
-_14 Items LL boob r
Attn:1E k4n�ltl
Co N
9 C. (Ro Al ?C C-141 6 0603
Attn: _-tc-p- vPA e-7P L), Atq
B. Time of the Essence. Time is of the essence in the performance of all terms
and provisions of this Agreement.
C. Ri hts Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this
Agreement are cumulative and are not exclusive of any other such rights, remedies, and
benefits allowed by law.
D. Non -Waiver. The Village is under no obligation to exercise any of the rights
granted to it in this Agreement. The failure of the Village to exercise at any time any such right
will not be deemed or construed to be a waiver thereof, nor will such failure void or affect the
Village's right to enforce such right or any other right.
E. Consents. Whenever the consent or approval of any Party to this Agreement is
required, the consent or approval must be in writing and will not be unreasonably withheld,
delayed or conditioned, and, in all matters contained herein, all parties have an implied
obligation of reasonableness, except as may be expressly set forth otherwise.
F. Governing Law. This Agreement is governed by, and enforced in accordance
with the internal laws, but not the conflicts of laws rules, of the State of Illinois.
21
G. Seve� rabilitty. If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the validity, enforceability, and application to any person, firm,
corporation, or property will not be impaired thereby, but the remaining provisions will be
interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent
of this Agreement to the greatest extent permitted by applicable law.
H. Entire Agreement. This Agreement and the Special Use Ordinance constitute
the entire agreement between the parties, superseding any and all prior agreements and
negotiations between the parties, whether written or oral, relating to the subject matter of this
Agreement.
I. Interpretation. This Agreement will be construed without regard to the identity
of the party who drafted the various provisions of this Agreement. Each provision of this
Agreement will be construed as though all parties to this Agreement participated equally in the
drafting of this Agreement. Any rule or construction that a document is to be construed against
the drafting party is not applicable to this Agreement.
J. Headings. The table of contents, heading, titles, and captions in this Agreement
have been inserted only for convenience and in no way define, limit, extend, or describe the
scope or intent of this Agreement.
K. Exhibits/Conflicts. Exhibits A through D attached to this Agreement are, by
this reference, incorporated in and made a part of this Agreement. In the event of a conflict
between an exhibit to this Agreement and the text of this Agreement, the latter will control.
L. Amendments and Modifications.
1. No amendment or modification to this Agreement will be effective unless
and until it is reduced to writing and approved and executed by all parties to this Agreement in
accordance with all applicable statutory procedures.
2. Amendments or modifications to the Special Use Ordinance can be
considered and acted on by the Village without the same being deemed an amendment or
modification to this Agreement provided that all applicable procedural requirements of the
Zoning Code and the provisions of this Agreement are satisfied.
M. Chanr�es in Laws. Unless otherwise explicitly provided in this Agreement, any
reference to any Requirements of Law is deemed to include any modifications of, or
amendments to the Requirements of Law as may, from time to time, hereinafter occur.
N. No Third Party, Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation will be made, or be valid, against the Village or
Developer.
O. Recordinc.-,. The Village will record this Agreement against the Property, at the
sole cost and expense of Developer, with the Office of the Lake County Recorder of Deeds
promptly following the full execution of this Agreement by the Parties.
22
P. Counterparts. This Agreement may be executed in counterparts, each of which
constitutes an original document and together will constitute the same instrument.
[SIGNATURE PAGE FOLLOWS]
23
IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first
above written.
ATTEST:
Ken S. St eet, Village Cl rk
ATTEST:
By:
Its: No f o
ANN MAAIE KIENEF
OFFICIAL SEAL
Notary Public, State of Illinois
My Commission Expires
April 13, 2021
24
VILLAGE OF DEERFIELD,�nj,2,,pa
an Illinoi home rulel corporation
Bp
Harriet Rosenthal
Its: Village President
1219 PARTNERS, LLC,
an Illinois limited liability company
By: a,,.�J✓�.�-
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
SS.
COUNTY OF LAKE )
This instrument was acknowledged before me on �avrmber- 6, 2018, by
Harriet Rosenthal, the Village President of the VILLAGE OF DEERFIELD, an Illinois municipal
corporation, and by Kent S. Street, the Village Clerk of said municipal corporation.
Given under my hand and official seal this 0 day of _�Wmbel,, 2018.
Notaryublic
Nag
cxoro3�aolq
OFFICIAL SEAL
EANGELA M. RODRIGUEZ
Notary Public - State of Illinois
My Commission Expires 6/03/2019 '
STATE OF ILLINOIS )
SS.
COUNTY OF S— }
This instrument was acknowledaed befor e on 2018, by
�_ , the Y__ of 1219 Partners, LLC, an
Illinois liability company, and by _ , the of said limited liabilit
company.
Given under my and and official seal this day of N� iI''l01 g,
I �
FAMANIIA VMTT
.No r Pd to • ft" d Nk*
�►. ��► t►n� 1e. soisa _
'Notary Public
My Commission expires: \A-L�,A \ 14 1-0-.k
SEAL
Y
LENDER'S CONSENT AND SUBORDINATION
(and its successors and assigns, "Mortgagee"), is the holder of a
certain note made by 1219 PARTNERS, LLC and secured by the following documents, each
from 1219 Partners, LLC and recorded with the Lake County Recorder of Deeds as indicated
(collectively, the "Mortgage"):
[Describe all applicable mortgage agreements, notes, and other related
documents, each by date of execution, date of recordation, and recorded
document number]
Mortgagee hereby consents to the execution and recording of the above and foregoing
Development Agreement (the "Agreement'), and hereby subjects and subordinates the
Mortgage to the provisions of the Agreement.
IN WITNESS WHEREOF, Mortgagee has caused this Consent and Subordination to be
signed by its duly authorized officer on its behalf on this day of
2018.
MORTGAGEE:
By:
Its: r Z-F
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I, 1 kXF a notary p lic in and for the o n In the State
aforesaid, O HEREB CERTIFY that
of Wlyt U,7Lt , who is personally known to me to be the person whose name is
subscribed to the foregoing instrument as such orus [� Lt'l—, , appeared before
me this day in person and acknowledged that he signed and delivered the said instrument as
his/her own free and voluntary act and as the free and voluntary act of said corporation and
U1� _ _ for the uses and purposes therein set forth. �f
GIVEN under my hand and notarial seal thi day of (�f �2018.
Notary Public
„01G'FIC.IAL SFAL Of,
JANET SAMANO
NOTARY PUBLIC, STATE OF ILLINOIS
!Ar Gom'Is=, s 10/1 '019
INDEX OF EXHIBITS
EXHIBIT A FFINAL
DESCRIPTION OF THE PROPERTY
EXHIBIT B LAT OF SUBDIVISION
EXHIBIT C MOLITION PLAN
EXHIBIT D TRANSFEREE ASSUMPTION AGREEMENT
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 12, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN LAKE COUNTY, ILLINOIS
THE PROPERTY COMMONLY KNOWN AS 658, 662, AND 702 ELM STREET, DEERFIELD,
ILLINOIS, 60015
PINS: 16-32-200-024, 16-32-206-007, 16-32-206-008
Sunsot Court
w 2
S 8Y11'1}�.� bra
FWYM
I
I
iwrd ,/Y gyp, MU
1.
OUTLOT A 1
COMMON (AREA
�
1
8
DETENTION 1
"
EASEMENT I +
B�
c ,liuii:seio
JIn
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H B3'
S BP6]'26' E
Low. �
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Lot 1 1
tae ,a
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pPR
8
COMMON ARE
g
OUTLOT A•3
�1,
Lot 2 e
e
COMMON AREA
FWAL MAT Shoot t of 2
0.1
702 ELM STREET RESUBDMSKM
E13NO A F fJ N
THAT PART OF THE NORTHEAST QUARTER OF SECTION
32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS.
TIE PREWSES cowu y a1owR M
666, E62 AND 702 ELM STREET
oEERi1EIL, IL 60013
PNtl:E1 IRA - 38.9 S.G.
PMS: 6-32-
12fp-024
Ie-S2-206�1
IB-32-206-008
5
•"Q
ORAPIW SCALE
i
Y]X QG � (tea RTI
m Iw e]e-n
?p rm> ,I�oaPLa
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3 c
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A'
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OUTLOT A
26.001 SE.
: Mz C000 r Fwe U
a
Lot i
7f ?
!4 COMMON AREA :
3
a S
Lot 4
Osterman s Avenue
E
Exhibit B
Final Plat of Subdivision
a
r
RE. Al , Nun •ssoanlrs. Em.
Exhibit B - Final Plat of Subdivision
I NRHER CERTIFY THAT NONUMEMATHW HAS BEEN PUCED AT ALL LDT CORNERS.
DATED IN GRAYSIAKE, IWN06, HIS9TH_DAY OF DULY A.O. 20_t4 .
� H I Sh"t Y Of i
OF
702 ELM, STREET RESUBDMSION
THAT PART OF THE NORTHEAST QUARTER OF SECTION
32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS.
» OANE S CEARF"TE as
STATE OP ...Is )
COUNTY OF ME ) S.S. A��
p.�•,r11EREBY GERDFY THAT WE ARE THE OWNERS OF THE PROPERTY
T HE ABQY[ CAPTION AND THAT AS OWNERS NAVE MS"' THE SUD PROPERTY TD BE
SURVEYED, SUBOMDED, SAKEO AND PUTTED AS SHOWN HEREON FOR ME PURPOSE OF HAVING
TH6 PUT RECORDED AS PROWDED 8Y UW.
IN W.'IaINFSS WNFA``EOF. A.D. HA�HEREUNTO SET - HUNDS AN SEALS HIS�DAY OF
ADDRESS;_I-1
�Ir1r 1iEtl1.' b- aft
r NOTARY 4EItRF1GAlE »
STATE OF ILL )
COUNTY OF OF LAKEAXE J _a1
DD HIEHEIFI CERR THA A OT IN AN `FOR,DIE �UFia .'N 0 STALE AFORFSYD,
PERSONALLY KNOWN lb ME TD BE HE 541E PERSONS WHOSE NALIFS ME SUBSCBBED O HE
FOREGOING INSTRUMENT AS SUCH OWNERS APPEARED BEFORE ME DBS OAY IN PERSON AND
ACKNOFILEDGED THAT THEY 9GNED AND DETNERED NIB PUT AS HEN ONN FREE AND WWWARY
ACT, FOR THE USES AS PURPOSEB THEREIN
E SET PORN,
QM1E_IE UN�^_FjyEq yiD SEAL, MIS-%- DAY OF J'A*6 MVW0C- A.D. W 18 . AT
Y V►N1 , IWNOIS
a re tot ♦ �/(�j��AJ'� W��'
NOIART PUBC)�CE�y
.;rri::PIA �� YMr
»SCHOOL [NSTPoCT CERiIFCAIEr
THIS S TO CERTIFY THAT tlMSAN.L,b. AS OWNER OG THIE PROPERTY'
DESCRIBED AS T02 con
HESUB ON AND LEGLLLY DESCRIBED
W THE PUT OF H HAVE DETER
NI BEST OF W KNOWLEDGE
THE SCHOOL DISTRICT ON
ft,CH EACH OF THE MI10MNG LOT UES
SIGNATURE OF CWNER_ —...r
SCHOOL DISTRICM
ELIN m MGN SONOOL
1. 113
STATE C WHOIA'
SLATE OF IWNgs
0 OF <E B
NOTARY PUBJC, DO HEREBY CERTIFY TWIT
OWNER OF THE PROPERTY COMMWLY KNOWN AS
APPFENT BEFORE YE N6 DAY N PERSON AND
ACKNOWIFDGED IE fEC11TIW OF H6 STATEMENT IS 1HEIR FRS a-I"I7D :Y i.
GIVEN UNDER MY H�NAUNlO. .BUL TH6 D4Y OF M1�1►Q/� AD. 20�.
NDTMY
w P,���iMnbN
i
r SuWEYOR'S AIITHDRIMON TO RECORD »
BTATE OF IWHOIS
COUNTY OF TAKE S.S.
I, A 2LN015 PROFESSIONAL —D SURVEYOR NO, M16. DO HEREBY GRANT
PERMLSD A CO O OF ME SAME. TO RECORD MITI PLAT AND PPOBDE THIS
SURVEYOR
DATED AT GRAYSIAI(E, IWNO6, THIS ON MY DF JMY A0, 20 16 .
IWNOIS P SURVEYOR NO. 3615
IN MCORDANCE WITH PUBUC AM 86-T238, NIS PUT HAS
BEEN SUBMITTED MR RECORDDNG H:
HONE: la.w_ • NAIL TO,
AliL�rRdd AI
ADDRESVil
S: [/ O 6 LL0 OF OEEAFlDa
CITY. STALE: DA A . "615 BS0 MEW. GM ROAD
DEFRFlEID. l ROAD
r SURVEYORS CERTIFICATE r
STATE OF IWNM )
COUNTY OF LIKE ) S.S.
THIS S TO GERTIrY THAT L BRYAN J. LEE, M WNW Nt0FES510NAI- MO SURVEYOR. BVRVEYED
AND SUBDIVIDED THE FOLLOWING DESCRIBED PROPERTY:
AVV>- 6ND A% O Or
p L✓�a14IN uH¢ WgIS
I INOSRRHIAR'! 9ubY+IDJHY4IHLPAIYAE Nb
u�L, ACCRHbaG m lxgEBF RMfDm AS HICRTADIi HSFTTT. R Ua2 mMaIY,
PxTaL 3: oslvlEANs s.TEBAVMc ITOra A sHBuvgBN IF THAT PNIT of HITwHE.As
arR2Mi IN�'2s'cuoN Bx TowIN® A3 HpmA PAxx ¢ FAn w TTE lH.m PMxw1
�. rawmwc ro lIrt Fur INOQs FECNmEn As BBFu:ETIr Hselw, N w,E couHrc,
AS SMOWN BY HE MNEEED PUT. WWCH S A DORREM REPRESENTArON OF SAID SURVEY AND
SUBDIVISION, DLL DIMENSIONS ARE N FEET AND DEC6 PARTS HEREOF.
I FURTHER CERTIFY THAT HE PROPERTY AS DESCRIBED ON HE MNENED PUT 6 WITHIN HE
CORPORATE LIMITS OF HE VIWWE OF DEERFIELD. LANE Ll]UNTV, (WHOM
BASED UPON ENMIINATIW OF HE F.E.MA MAPS, IT HAS HEEN DETERMINED THAT NONE OF HE
PROPERTY SHOI?N HEREON S SUWEM TO FWOD BSK (THE PROPERTY FALLS WDNN A ZONE "
AS PORTRAYED ON FLOOD 'IS
DATE MAP. COMMZ PANEL NO. ITOBT00MM EFFECTIVE
DATE SEPIEMBER 18. 2013 . _
E9 11M
Aa OKwNiY M RK CEIOFIGTE "
STATE OF IWN06 )
COUNTY OF WE ) S.S.
CAM u N. wvtBOFF COUNTY CLERK OF ME COUNTY, RLNOIS, DO HEREBY OERRFV
(THAT HERE ARE NO DWNOVENT GENEPAL TA1EE5, UNPND CURRENT GENERAL TAKE,
DELNOVEM SPECIAL ABBEBSAIENTS OR UNPND WRRENT SPECIAL ASSESSMENTB AGNNBT ANY
OF THE IMD NCWOED N THE DE-18M PROPpT1Y. I FURTHER CERTIFY THAT I NWE
RECEIVED ALL STATUTORY FEES N CONNECTION YWIH THE PUT.
GIVEN UNDER W -0 AND SEAL OF THE W HT( CLERK OF TAKE COUNTY. IWN01S.
T`N^.6-l!ltmyY/OF AHber A0, 201@_
iJ ✓" ✓�
LVNE CVUNIY /E>'
» PM COMMISSION DERIDICATE »
STATE OF IWN015 )
CWNIY W WE
S.S.
APPROVED BY THE PUN CONMI$5WN Di THE NWyE Oi DEIIIFIELD, LAKE COIAITY. Al1NOS
AT A NEETIHG, NELO TH, ^�' MY OF Ociahw A.D. 20 18 .
SIGNED:
�S ,RILW
ATTEST:�•d'}
��009 �•BEGRET YZG-ll� �� y-+�
i
r VILLAGE COMM CERTIFKATE »
STATE OF -NW )
COUNTY OF ME ) S.S.
APHY HEUDA H TVR AND tNE NWCE COUNCIL OF THE NLIACE aOEFRNTEID, IWN015
ArrY" AD. 2(L g .
ATTEST:
CTIY CLERK py �—
» A" •^' CLEPoO CERRFIP M »
STATE OF WHOM )
COVI�N/�D' OF VNE) 5.51.
1, /At7�S 5�47 NLLAGE CLERK FOR THE VLIAGE OF DEERFEID. DO NIEREBY CERTIFY
THAT THERE ME NO DEMOUENT OR UNPAID WRRENT OR FORFEITED SPECIAL ASSESSMENTS
OR ANY DEFERRED INSTALLAAENTS THEREOF THAT HAVE BEEN APPoRTKINED AGAINST THE TRACT
OF MD IN DE MNENED PUT.
DATED NS,'9-44 DAY OF N AD. 20 1B
WI IO
WLLAGE OF DEER IO.D
» MW OYNI cCTOR CFIIli1011E r
STATE OF R1IN01B )
COUNTY OF W(E ) S.S.
f " NLL LE COLLECTOR FOR THE WLEAGE OF DEERFIEW. FIND ND
Rm NSAILAENTS OF OIFRTANDING UNPAID SPECAL ABSEBSMENR AGAINST ANY OF
THE PROPERTY INDLUDFD IN THIS PLAT OF SUWMSIOH
DATED TN6 .h DAY OF t`OLIYMIM✓ ,AD. 20--JA-
f "
VILL.A46 PF DEBR/TtrA
I�EITwM�
ELLEE�
» VB1.1GE FN011F1DO CER16Y.I1E »
srATE or, IWNo6) �.
ENCWEER OF THE ALLAGE OF OEFRFlELD DO HEREBY
MPROVFd THB$ PUT WHICH III THE MINIMUM REWWEMENTB OF THE SAID VILLAGE.
HISAY OF DYtarvATaa A0. 201s .
VDAOE�� B�EBN�BOVm42W L;�IJIl1EF
N�RMDWAEB iRGflO K � IM1mOx F•Sw.0
110I THE 091f MIT. TO FMFR TE PM�iF96�of HCHipl�i6
_ PEWA2lllHLCdRAHR AM)1H!•1 � NID/pq
7ElIE1Cl�, EB�11ti1R1:L , wP4A FOp,L MSFE AURIOMTf M
HPER.TR WNBIR IIILFEY IKaFTieS4Ea6 WT�DppwRlwlRlwl ssoa
I ET�in Y N ND AL MN HEiMFolL itx B.vc.
NIRV6 �. c�s�lrnTtn�Mes �
BLAB NIAo[ aTN. lMll II A5 N
1MROH� Slm� mokT,EA 11Nx w4ln K IC¢n
A�0.W6R INMB w]Px� N[CESSNff TEN NO Fa,WA�1WIroM1W
M 1HE MI,IOE OF
IX�IEF1Rq AK/3 �DESY�N Lod,
W4 A4 MlML1g1I5 NE
ro TNF EIHTINHauca or TTE wAcc a 01Twm.
R mal PUNA1wac Mo°1�iHe°Inrr°Ri ln+oHn Its ° m rur. lnEi.
mE M�N1rWTiD Ems' nA'E"vrovNORuT raAs0k1 �v
nON�eEO wrmlr ro THE HINHr atoll Yuma
HmNur Pwox rWRFN ca®R a GPAIITrz. HB McRMO.
�wrnERS, Lrt ORER 084lwKRW SH11t Y MHNIwATm. FLOUTED.
RN6 NOR9ALLOMA BEU56WL[ 11iAF0F bl
A161 THE GfOWiO PEYIrAP AVR WiMnm HFlE81.
MTi£R AVDgWf(
ull� ORYw�E>mx�LSAY AYEOIH�ikIED�A�v �grDIIWN'E a
tnEEx C 4 O W[0 ABA LOT. PN<LL IRA AREA IN
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EXHIBIT C
TRANSFEREE ASSUMPTION AGREEMENT
THIS AGREEMENT is made as of this day of , 201_, between the
VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation ("Village'j, 1219
PARTNERS, LLC, an Illinois limited liability company ("Developer"l, and
("Transferee 'I.
WITNESSETH:
WHEREAS, pursuant to that certain real estate sale contract dated
20_, the Transferee agreed to purchase from [NAME OF ENTITY
TRANSFERRING ITS PROPERTY] ("Transferor'l certain real property situated in Lake
County, Illinois and legally described in Exhibit A attached to and, by this reference, made a
part of this Agreement ("Property'l; and
WHEREAS, following the conveyance of the Property by Transferor, the
Transferee will be the legal owner of the Property; and
WHEREAS, as a condition to the conveyance of the Property by Developer, the
Village and Developer require that the Transferee agree to comply with all the terms,
requirements, and obligations set forth in that certain Development Agreement, dated as of
, 2018, and recorded in the office of the Lake County Recorder on , 2018,
as Document No. by and between the Village and Developer ("Development
Agreement'j;
NOW, THEREFORE, in consideration of the agreement of Transferor to convey
the Property to the Transferee, and of the Village to accept the transfer of obligations as
provided herein and to grant the releases granted herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed
by, between, and among the Village, Developer, and the Transferee as follows:
1. Recitals. The foregoing recitals are by this reference incorporated herein
and made a part hereof as substantive provisions of this Agreement.
2. Assumption of Obligations. The Transferee, on its behalf and on
behalf of its successors, assigns, heirs, executors, and administrators, hereby agrees, at its sole
cost and expense, to comply with all of the terms, requirements, and obligations of the
Development Agreement, including all exhibits and attachments thereto, regardless of whether
such terms, requirements, and obligations are to be performed and provided by, or are imposed
upon, Transferor of the Property.
3. Payment of Village Fees and Costs. In addition to any other costs,
payments, fees, charges, contributions, or dedications required by this Agreement, the
Development Agreement or by applicable Village codes, ordinances, resolutions, rules, or
regulations, the Transferee must pay to the Village, immediately upon presentation of a written
demand or demands therefor, all legal, engineering, and other consulting or administrative fees,
costs, and expenses incurred in connection with the negotiation, preparation, consideration, and
review of this Agreement.
#58750385_v2
4. Acknowledgment and Release of Developer. The Village hereby
acknowledges its agreement to the Transferee's assumption of the obligation to comply with the
terms, requirements, and obligations of the Development Agreement, including all exhibits and
attachments thereto, and the Village hereby releases Transferor from any personal liability for
failure to comply with the terms, requirements, and obligations of the Development Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the day and year first written above.
ATTEST VILLAGE OF DEERFIELD,
an Illinois home rule municipal corporation
By:
Village Clerk
Its: Village President
ATTEST, 1219 PARTNERS, LLC,
an Illinois limited liability company
By: By:
Its: Its:
#58750385_v2
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
This instrument was acknowledged before me on _ , 20_, by
, the Village President of the VILLAGE OF DEERFIELD, an Illinois municipal
corporation, and by , the Village Clerk of said municipal corporation.
Given under my hand and official seal this day of , 2018.
Notary Public
My Commission expires:
SEAL
STATE OF )
SS.
COUNTY OF )
This instrument was acknowledged before me on , 2018, by
, the „ of 1219 PARNTERS, LLC, an Illinois
limited liability company, and by , _ the of said limited liability
company.
Given under my hand and official seal this day of , 2018.
Notary Public
My Commission expires:
SEAL
#58750385_v2
EXHIBIT C
Final Plat of Subdivison
5 wil ti 88
Fxw r
Sunset Court
W f,RE�HR1/ SA pVISION
lei 2
FVdAL PLAT Sheet f of 2
OF
702 ELM STREET RESUBDMSM
BEM A FJ39LqXXVNNM N
THAT PART OF THE NORTHEAST OUARTER OF SECTION
32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS.
i PRDASES caaL y ro10wN w
SM. 662 AND 702 ELM SIRM
DRR MD, L M15
PM AEA 3 M S.F.
PI6 16-32-200-024
16-32-206 7
18-32-206-008
/Y M xee
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ism i ' , �I.�.. •: Lot 3
Lot 5
Lot 4
Osterman s Avenue
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Exhibit C
Final Plat of Subdivision
s
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Exhibit C - Final Plat of Subdivision
FPIAL PLAT
of
702 ELM, STREET RESUBDIMSM
Shoot 2 of 2
I FURTHER CERTIFY THAT NONUMENTAWN HAS BEEN PLACED AT ALL LOT CORNERS.
DATED IN GRAYSME, IWNOS, MS a. 21 DAY OF JULY AD. 2D_11_.
THAT PART OF THE NORTHEAST QUARTER OF SECTION
32, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILUNOIS
» '"NEW"CERRFNATE »
STATE OF wwS )
» COUNTY CLERK CERTIFICATE
COUNTY OF WE ) S.S.
STATE OF wNOIS )
COUNTY OF ME ) S.S.
�IILLREBY CERTIFY TUT WE ME ME OWNERS aF ME PROPERTY
DN AND TUT AS OWNERS HAVE CAUSED TIE Sup PROPERTY TO BE
L H NOFT COUNTY CLERK OF LAKE COUNTY, EH HEREETVTO CERTIFY
SURVEYED, BXXRI , STARED Mp PLATTED AS SHOWN HERON FOR THE PURPOSE OF HAVING
MS RAT RECORDED AS PROVIDED BY LAW.
THAT
TUT THERE ARE NO ASSESSMENT GENERAL UN TALES, UNPAID CURRENT ('QlER.AL TAXES,
E CURRENT
OF SPECIAL ASSESSMENTS OR UNPAID CURRENT SPECIAL ACANST ANY
ME LA
OF TIE LAND INCLUDED N ME DESCRIBED PROPERTY. I HITHER CERTIFY TNT I FNVE
CERTIFY THAT
IN WRNE58 WHFAEOF, WE HAVE HEREUNTO SET OUR HANDS M SEALS MIS DAY lY:
E- - - A.D. 20L$.
EN UN ALL STATUTORY SEES N OF ME CO WITH ME PUT.
GIVEN
CNEN UNDER W IWIp AND SEAL a ME COUNTY CIFRIL OF WE COUNTY. IlINOB.
,4
TIIB ACE' A.D. 20_to_,
ADDRESS:—`�V 9�1r
�JAI�Y�/DOFF (�;A1/h�n
J( W'R.IEOLO
—rIR11A�� L� /b%
» NOTARY CERIITCATE »
SEATS OF IWNOS )
COUNTY OF WE -,i
�` A OT IN AND FOR THE JV IAEp STALE AFOR6YD.
DO HEREBY CERTIFY THAT OF \ \iC.— T INE
PERSONALY KNOWN 1D ME TD BE ME SANE PERSONS WIroST: HALVES IRE SUBBCWBFD 0 ME
FOREGOING INSTRUMENT AS SUCH OWNERS APPEARED BEFORE ME NIS DAY N PERSON AND
ACKNOWLEDGED TAUT THEY SIGNED .GOD DEIVFRED THIS PUT AS THEIR OWN FREE AND VOWNTARY
ACT, FOR THE USES AS PURPOSES THEREIN SET FORM.
GIVEry UN IIS
yu c TIIS _Ey��DAY OF %1[ VAS 20 A0. 18 , AT
Y V\wi AWN .
'•SFJ100L DISTINCT CEAIMIGIE•'
NHS IS TO CERTIFY THAT
� LAS OMER OF THE PROPERTY
DESCRIBED AS 702 SIRF.ET flESMBDNSIOIJ AND LMAELY DESCRIBED
ON ME PLAT DF ME HAVE DEIERH1. THIE BEST OF MY KNOWLEDGE
ME SCHOOL DSTRJCT ON WHICH EACH OF TINE FOLLOWING LOT UES.
SIGNATURE OF OWNER ���--- -
SCNOOL DISTRICTS
ELEMENTMY HIGH SCHOOL
IN 110
IE MT'LRTFIG'
STALE OF IWNOS
C OF E S
NOTARY PUBLIC, DO HEREBY CERTIFY THAT
V_ OWNER OF ME PROPERTY COMMONLY KNOWN AS
T02 Eiu STR BONS DN APPEARED B60RE ME MS MY IN PERSON AND
ACKNOWLEDGED THE EXECUTION OF THIS STATFAAENT AS R M AND LUMARY
GNEN UNDER MY HANDAND
,SELL M5 DlY OF AD. 20m.
NOTARY PUBLIC_\ l�
�Aw�llWi w�.MIA
f
« SURVEYORS A MOPoZATION M RECORD »
SEATS COUNTY
OF WE ) OF IWNOIS )
COS.S.
I. �H1'NL -"— A IWN015 PROFEBS17 —1 SURVEYOR 00, 3616, DO NEFEBY GRANT
P TO RECORD THIS PUT AND PROVIDE MIS
SURVEYOR A HECORDED COPE' OP .
DATED AT GMYS-U,Jf[^ ELNOIS,NNIIS BM DAY OF_ _ _ DULY
AD. 20 18 .
IWNOIS P OR SURVEYNO. 0616
IN ACCORDANCE WIN PUBUC ACT 86-1238, MS PUT HAS
BEEN SUBMITTED FOR RECORDING W:
NMe Vi ll— AF b—f dj
MNL TO:
ADDRESS:
VILLAGE OF UEERD
CITY. STATE: plerileld. LDo15
B50 WAA(ECAN ROAD
DEERFlEUD. IL 80018
» SURVEYORS CERnACATE »
STATE OF SUN- )
COUNTY OF LANE ) S.S.
MIS IB TO CERTIFY THAT I. BRYAN J. LEE M TWNOIB PROFESSION& WO SURVEYOR, SURVEYED
AND SUBOMDED ME FOLLOWING DESCRIBED PROPERTY:
FIMG 1: OIYPTFR OF M IEKIIffAST dMRTOt
AS NatllA RAKE It EAST P 1H THE
R{ET, MFNCam ]3ATIDEE FIST fYRWII10 MGM LNFEET To o'
a ilEplATip 1
WNCa1FPLY leE CTNDNID NMTNDE IxL FE[T rom R IM U E OF
IN
DyRIEII gMMFR
FF,Hma INa wIPNn'iNNOE�E
scum NNE +wcz Fm To TH INxE To
wilt a mw P. asRNwNI•s suwnaoE mE A sueonalw OF TwT vn of Nam1FAST
. To rI¢ w� `TxF'le SCD�FD A, � Iwlo. IAWw auNrc.
FWACFL x
a. I rs sleDlAml: mE A suemwa+ u n.T wRr a xoRDFis-r
RiMlnu mscllnN st TaARM1P u xDRRL RWCE Tx FAST a L'"E.TeIA'�°i LuxmFR mA0
. ADWApRG m 1H FIAT 11[%q HCOrOLo As oacuoP
AS SHOWN BY ME ANNEXED PLAT. WHICH S A CORRECT REPRESFNTATON OF SAID SURVEY AND
SUBDIVISION. ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF.
I FURTHER CERTIFY THAT ME PROPERTY AS DESCRIBED ON ME ANNEXED PLAT S WITHIN ME
CORPORATE UMRS OF ME VILLAGE OF DEERFIELD, WE COUNTY, ILLINOIS.
BASED UPON EKAIIINATON OF ME FE.MA LAWS• R HAS BEEN DETERMINED THAT NONE OF THE
PROPERTY SHOWN HEREON S SUBJECT TO FLOOD RISK (ME PROPERTY FALLS WTMIN A ZONE 'X )
AS FORTPAYED ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL No. 77OB7GO286K. EFFECTIVE
Mm' .e9EULYAL-E._i41I - pylw .
al•A-Q
�4iFM�
`�UpN
» PLAN COMMISSION CFRIIICAIE »
STALE OF ILI )
COUMY OF LAKE ) S.S.
APPROVED BY TIE PLAN CONMI H)N OF THE E OF DMRFTELD, TAKE COUNTY, UK=.
AT A MEETING, HELD TIYS DAY OF Oc A.D.
SIGNED:
//�� RMM
A EST:�A
V. —RETARY
» VILLAGE COUNCIL CERTIFICATE »
STATE OF WHOPS )
COUNTY OF ME ) B.S.
MM BY THE MAYOR
THE NWACE CWNOI OF THE VILLAGE OF DEMPELD. 81NOIS
MS DAY OF AA'"
- AA. 2p'-�.
ATTEST:
C C ERKMAIGH
o y
» VILLAGE CLERK CERTFICAM »
STATE OF IWNOS )
COUNTY OF LIRE ) S.S.
I. •`-ffS S7 NLIAOE CLERK FOR ME YIUAOE OF DEERFlELD. p0 HEREBY CERRFY
THAT MERE ARE NO DELNOUEM W UNPND CURRENT OR FORESTED SPECAL ABSESSMENS
OR AKY OEFFSRFD INSTALLMENTS THEREOF THAT HAVE BEEN APPORTIONED AGAINST ME TRACT
OF LAND N THE ANNEXED PLAT.
DATFp TNS�DAY OF N A.D. 20-Ift—
VILIAGETCUERK
C J"1'
VILLAGE OF DEERFlELD
STATE OF wN05 ) « VILLAGE COUECTOR CEIFFI ATE «
CO1NTr OF LADE) S.S.
F Y2( 8U� SEWAGE COLLECTOR FOR ME VILLAGE OF DES... FIND NO
DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMEHIS AGAINST ANY OF
ME PROPERTY INCLUDED INMS PLAT OF SUMM M,
DATED MIByOAY OF ✓<JQ!J-- AD. 20 TA .
CtiAIECTrr,
GMRw.11�aaK L/ILU1(( or OF6RYI EAL
ATaWaIw
Fw.E
» vEEADE ENOIRR✓FfRA CFAIiX10F «
STATE OF wNols)
� . ENG.. OF ME VILLAGE OF DEERFIEI.D. DO HEREBY
MPUT WHICH MEETS ME IPPROVNF 5 MINIMUM REQUIREMENTS OF ME SAID Va Iur
MISLAY OF nf[-F1sF2 AD. 2p It
�/4
VILLA E EHGN
LASDpIT IulaM2
APHA.IDWR6 I�MEAt�ID�EI� sWA�wBc T ui a
LEI 1H DNUATID14 l0 Rr-- AM166 OEM ND1fp1 AS
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wa a iss oA wusss ro II.Wrz4QIAw10InucA�Io�
m F1Ibl TINE NNASE NNE EVFxT tt
f Re DTa vLAOf —.—AN,
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DAM VANAIi wmI wv usD NE)PIFP ALL ODOPLE9 � An A. i�R N DOE so, M r MNIAA
0� Br�DfaMTINIR NDFgEOWaE u Iel6.
Dina— Aw ry THosE I..eiNc R.�1Om calN 1DarouTw um a
NW4W, � /p�gVICE
�mR M n mEnIe� INN�v¢ � Tp
SERENER, IWLVIEIIKNCR. HPWR. RnIaL FISPf4T, AVMAN AND
�rz wears unm mNrs�lors A/og1M6TRDIREx sTslFn
NL NETD FIaNIEIFS iPI SAW.
S, vAW6, DEGmM uU COYMNCAIION` CCeCNIS, dYE,
HERS. iFD6NVS. TMIISRRWpG. AAS YNHS. WAlflt IA6 .11E
BfFECETa•Wr In EAE AUAo[ SUIT. Moll uxDEle uEAS ur
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'YLLO�x IY.•FE. No�41Nl. uFt OIH� BEUStS�iHIIE l�oF�eHtll
N'IF.YEPE WIIx TILE EASDEIFI4 Pt6FA•fD AND RRITIIm lo®Y.
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EXHIBIT D
Final Site Plan
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Deerfield, Illinois
EXHIBIT E
Site Geometry and Utility Plan
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EXHIBIT F
Site Grading, Paving, and Erosion Control Plan
ed 1f0/1x/10/1Kin °ol E — nasz - .Ion B°nazz�.dwq
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EXHIBIT G
Site Work Details
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EXHIBIT H
Off -Site Drainage Exhibit
- %:\Ren\Rin.ie Revl E - nv++i pcl\Or�win9+\1�iB-OT-09 Sit+ Plan B+nv++i.Jng
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PLAT INFORMATION SHEET
NUMBER OF PLAT PAGES
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TOWNSHIP
LEGAL DESCRIPTION
Image# 057965340003 Type: PSB
Recorded: 01/24/2019 at 03:29:49 PM
Receipt#: 2019-00003827
Page 1 of 3
Fees: $72.00
IL Rental Housing Fund: $9.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7539482
RANGE
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ANNEXATION/DISCONNECTION
❑ CONDOMINIUM
❑ DEDICATION
❑ EASEMENT
❑ VACATION
❑ OTHER
SUBDIVISION (enter subdivision name on line below)
IF THE PLAT RECORDED WAS LARGER THAN 11" X 17", THE
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FOR MORE INFORMATION
U:\Forms\Platlnfo\Plat Information Coversheet for Scanning.docx
Revised: January 25, 2019 8:20 AM
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