O-21-30VILLAGE OF DEERFIELD
ORDINANCE NO. 2021- 0-21-30
AN ORDINANCE APPROVING AMENDMENTS TO A SPECIAL USE PERMIT AND
A COMMERCIAL PLANNED UNIT DEVELOPMENT PLAN TO ALLOW A
RESTAURANT TO CONSTRUCT AN OUTDOOR SEATING AREA IN
THE C-2 OUTLYING COMMERCIAL DISTRICT
(405 Lake Cook Road, Suite Al in the Deerfield Park Plaza Shopping Center)
WHEREAS, Jimmy Thai Inc., an Illinois corporation ("Applicant's, is the lessee of
that certain property located at 405 Lake Cook Road, Suite Al, in Deerfield, Illinois, and
legally described in Exhibit A attached and, by this reference, made a part of this Ordinance
("Property'); and
WHEREAS, Mosaic Properties and Development LLC, an Illinois limited liability
company ("Owner'), is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("C-2
District'); and
WHEREAS, on September 3, 1974 the Village Board adopted Ordinance No. 0-74-59
approving a final development plan ("Final Development Plan') for the development and
maintenance of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development'; and
WHEREAS, pursuant to Section 5.02-C of the "Deerfield Zoning Ordinance 1978," as
amended ("Zoning Ordinance', restaurants of 3,001 square feet in area or greater,
including the square footage any outdoor seating area, may be operated in the C-2 District
only upon the issuance of a special use permit; and
WHEREAS, on December 15, 1986 the Village Board adopted Ordinance No. 0-86-63
approving a special use permit ("Special Use Permit') to allow the Applicant to operate an
approximately 3,800 square foot restaurant on the Property ("Restaurant's; and
WHEREAS, the Applicant desires to provide an outdoor seating area for the
Restaurant ("Outdoor Seating Area'; and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has filed an application with the Village for (i) an
amendment to the Approved Planned Development and Final Development Plan ("PUD
Amendment's and (ii) an amendment to the Special Use Permit ("Special Use
Amendment') (the Applicant's applications for the PUD Amendment and Special Use
Amendment are, collectively, the "Application's to permit the Applicant to add the Outdoor
Seating Area; and
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WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to
consider the Application was duly advertised in the Deerfield Review on June 3, 2021 and
held on June 24, 2021; and
WHEREAS, on June 24, 2021, the Plan Commission adopted Findings of Fact,
recommending that the Village Board approve the Application; and
WHEREAS, the Village Board has determined that the PUD Amendment and Special
Use Amendment comply with the required standards for special use permits and planned
unit developments as set forth in Articles 12 and 13 of the Zoning Ordinance; 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 PUD Amendment and Special Use Amendment 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 AMENDMENT TO SPECIAL USE
PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT. Subject to, and
contingent upon, the conditions, restrictions, and provisions set forth in Section Five of this
Ordinance, the Village Board hereby approves the PUD Amendment to the Approved
Planned 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 AMENDED FINAL DEVELOPMENT
PLAN.
A. Approval of Amendment. 'Subject to, and contingent upon, the conditions,
restrictions, and provisions set forth in Section Five of this Ordinance, the
Village Board hereby amends the Final Development Plan for the Approved
Planned Development for the Property, to include the "Patio Plan" prepared by
Sam Gardner, consisting of one sheet, with a latest revision date of May 12,
2021, a copy of which is attached to this Ordinance as Exhibit B ("Patio
Plan'.
B. Conflicts. In the event that any of the Patio Plan conflicts with the Final
Development Plan, the Patio Plan controls.
SECTION FOUR: APPROVAL OF SPECIAL USE AMENDMENT. Subject to,
and contingent upon, the conditions, restrictions, and provisions set forth in Section Five of
this Ordinance, the Village Board hereby approves the Special Use Amendment to allow for
the installation of the Outdoor Seating Area on the Property, in accordance with, and
pursuant to, Article 13 and Section 5.02-C of the Zoning. Ordinance and the home rule powers
of the Village.
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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 Ordinance, or any other rights the Owner or 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. Compliance with Plans. The redevelopment, use, operation, and maintenance
of the Sign must comply with the Patio Plan except for minor changes approved
by the Village Principal Planner in accordance with all applicable Village
standards.
B. Compliance with Regulations. The redevelopment, use, operation, and
maintenance of the Property must comply with all applicable Village codes and
ordinances, as such codes and ordinances have been or may be amended from
time to time.
C. Reimbursement of Village Costs. In addition to any other costs, payments,
fees, charges, contributions, or dedications required under applicable Village
codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to
the Village, promptly upon presentation of a written demand or demands
therefor, all legal fees, costs, and expenses incurred or accrued in connection
with the review, negotiation, preparation, consideration, and review of this
Ordinance. Payment of all such fees, costs, and expenses for which demand
has been made must be made by a certified or cashier's check. Further, the
Applicant will be liable for, and must pay upon demand, all costs incurred by
the Village for publications and recordings required in connection with the
aforesaid matters.
SECTION SIX: RECORDATION, BINDING EFFECT. A copy of this
Ordinance shall be recorded against the Property in the Cook County Clerk Recording
Division. This Ordinance and the privileges, obligations, and provisions contained herein
run with the Property and inure to the benefit of, and are binding upon the Owner, the
Applicant, and each of their heirs, representatives, successors, and assigns.
SECTION SEVEN: FAILURE TO COMPLY WITH CONDITIONS. Upon the
failure or refusal of the Owner or 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 Section Two, Three and Four of this Ordinance
("Approvals') may, 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 unless it first provides the Owner and 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. Notwithstanding the foregoing or
anything else contained in this Ordinance, neither the Owner nor the Applicant's failure to
comply with this Ordinance, nor anything else contained herein, shall affect or restrict the
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Owner or the Applicant's rights to use the Property as otherwise permitted by the Zoning
Ordinance.
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 Ordinance for the granting of special use permits and
planned unit development approvals.
SECTION NINE: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following
events:
Passage by the Village Board by a majority vote in the manner required
by law;
2. Publication in pamphlet form in the manner required by law;
3. The filing by the Owner and the Applicant with the Village Clerk of a
fully executed Unconditional Agreement and Consent, in the form of
Exhibit C attached to and, by this reference, made a part of this
Ordinance, to accept and abide by each and all of the terms, conditions,
and limitations set forth in this Ordinance and to indemnify the Village
for any claims that may arise in connection with the approval of this
Ordinance; and
4. Recordation of this Ordinance, together with such exhibits as the
Village Clerk deems appropriate for recordation, with the Cook County
Clerk Recording Division.
B. In the event the Owner or the Applicant do not file fully executed copies of the
Unconditional Agreement and Consent, as required by Section 9.A.3 of this
Ordinance, within 30 days after the date of final passage of this Ordinance,
the Village Board will have the right, in its sole discretion, to declare this
Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
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AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: August 16, 2021
APPROVED: August 17, 2021
ORDINANCE NO. 0-21-30
Daniel C. Shapiro, Mayor
ATTE :
'If. �' ���
Kent '. Street, Vill ge Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL L
THAT PART OF LOTS 1 TO 9, BOTH INCLUSIVE, TOGETHER WITH THAT PART OF
VACATED FLORENCE AVENUE, ALL BEING IN DOWNEY'S COOK COUNTY
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE
NORTH HALF OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 27,
1914 AS DOCUMENT 5464976, ALL TAKEN AS A TRACT OF LAND BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
LAKE -COOK ROAD AS PER DOCUMENT 10627383 WITH THE CENTER LINE OF
VACATED FLORENCE AVENUE; THENCE SOUTH 25 DEGREES, 09 MINUTES, 30
SECONDS EAST ON SAID CENTERLINE OF VACATED FLORENCE AVENUE, A
DISTANCE OF 277.22 FEET; THENCE NORTH 90 DEGREES WEST, A DISTANCE OF
169.56 FEET; THENCE SOUTH 37 DEGREES, 27 MINUTES, 58 SECONDS WEST, A
DISTANCE OF 180.15 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 9 WHICH
IS 66.28 FEET EAST OF THE SOUTHWEST CORNER OF LOT 9; THENCE NORTH 90
DEGREES WEST ON SAID SOUTH LINE OF LOT 9, A DISTANCE OF 66.28 FEET TO
THE SOUTHWEST CORNER OF SAID LOT 9;THENCE SOUTH 25 DEGREES 09
MINUTES 30 SECONDS EAST ON THE WESTERLY LINE OF SAID LOTS 6,7,8, A
DISTANCE OF 684 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE
NORTH 90 DEGREES EAST ON THE SOUTH LINE OF SAID LOTS 5 AND 6, A
DISTANCE OF 825.20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE
NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS WEST ON THE EASTERLY LINE OF
LOTS 1, 2, 3, 4 AND 5, A DISTANCE OF 1119.21 FEET TO AFORESAID SOUTH RIGHT-
OF-WAY LINE OF LAKE COOK ROAD, AS PER DOCUMENT 10627383; THENCE NORTH
90 DEGREES WEST ON SAID RIGHT-OF-WAY LINE, A DISTANCE OF 412.60 FEET TO
THE PLACE OF BEGINNING (EXCEPTING FROM SAID TRACT OF LAND THAT PART
OF SAID LOTS 4 AND 5, TAKEN AS A TRACT DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 90
DEGREES WEST ON THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 307.58 FEET;
THENCE NORTH 0 DEGREES EAST, A DISTANCE OF 48.0 FEET TO THE PLACE OF
BEGINNING; THENCE NORTH 64 DEGREES, 50 MINUTES, 30 SECONDS EAST, A
DISTANCE OF 208.0 FEET; THENCE NORTH 25 DEGREES, 09 MINUTES, 30 SECONDS
WEST, A DISTANCE OF 287.0 FEET; THENCE SOUTH 64 DEGREES, 50 MINUTES, 30
SECONDS WEST, A DISTANCE OF 208.0 FEET; THENCE SOUTH 25 DEGREES, 09
MINUTES, 30 SECONDS EAST, A DISTANCE OF 287.0 FEET TO THE PLACE OF
BEGINNING AND ALSO EXCEPTING THAT PART OF LOT 1 IN DOWNEY'S COOK
COUNTY COUNTRY HOME ADDITION TO DEERFIELD AND THAT PART OF THE
EASTERLY HALF OF VACATED FLORENCE AVENUE IN SAID SUBDIVISION ALL
TAKEN AS A TRACT, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNGING AT
THE INTERSECTION OF THE CENTER LINE OF VACATED FLORENCE AVENUE
WITH THE SOUTH LINE OF LAKE -COOK ROAD, ACCORDING TO DOCUMENT
10627383, SAID SOUTH LINE BEING 50 FEET SOUTH OF AND PARALLEL WITH THE
100121517.11
NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4; THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE OF VACATED FLORENCE AVENUE
TO ITS INTERSECTION WITH A LINE 60 FEET SOUTH OF AND PARALLEL WITH SAID
NORTH LINE; THENCE EAST ALONG SAID PARALLEL LINE TO A POINT 24 FEET
WEST OF (AS MEASURED ALONG SAID PARALLEL LINE EXTENDED EAST) ITS
INTERSECTION WITH THE WESTERLY LINE OF AN EASEMENT AS GRANTED BY
INSTRUMENT RECORDED AUGUST 12, 1975 AS DOCUMENT 23185096; THENCE
SOUTHEASTERLY TO A POINT ON SAID WESTERLY LINE THAT IS 24 FEET SOUTH
OF THE LAST DESCRIBED PARALLEL LINE (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH ALONG SAID WESTERLY LINE 34 FEET TO THE
SOUTH LINE OF LAKE -COOK ROAD AFORESAID; THENCE WEST ALONG SAID
SOUTH LINE 194.09 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING
THAT PART OF LOTS 5 AND 6 DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 90 DEGREES 00 MINUTES 00
SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 5 AND 6, A DISTANCE OF
648.20 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A
DISTANCE OF 65.0 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS
EAST, A DISTANCE OF 54.63 FEET TO THE PLACE OF BEGINNING; THENCE NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 126.17 FEET; THENCE
NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 40 FEET;
THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 2.83
FEET; THENCE NORTH 90 DEGREES 00 DEGREES 00 SECONDS EAST, A DISTANCE
OF 147.14 FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30 SECONDS EAST, A
DISTANCE OF 11.00 FEET; THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS
EAST, A DISTANCE OF 27.40 FEET; THENCE SOUTH 25 DEGREES 09 MINUTES 30
SECONDS EAST, A DISTANCE OF 38.98 FEET; THENCE SOUTH 64 DEGREES 50
MINUTES 30 SECONDS WEST, A DISTANCE OF 54.58 FEET; THENCE SOUTH 00
DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 72.21 FEET; THENCE
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 183.79 FEET,
TO THE PLACE OF BEGINNING), ALL IN COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY AGREEMENT FOR
PARTY WALL AND EASEMENT TO MAINTAIN PORTION OF WALL ON ADJOINING
PROPERTY MADE BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY
OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 18, 1973
AND KNOWN AS TRUST NUMBER 32388 AND AMERICAN NATIONAL BANK AND
TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 1, 1975
AND KNOWN AS TRUST NUMBER 90763 DATED JULY 14, 1975 AND RECORDED
AUGUST 12, 1975 AS DOCUMENT 23185095 FOR THE REPAIR, MAINTENANCE,
RESTORATION OR RENOVATION OF THE NORTH WALL OF THE BUILDING
SITUATED ON THE TRACT OF LAND DESCRIBED AS FOLLOWS:
THAT PART OF LOT 4 IN DOWNEY'S COOK COUNTY COUNTRY HOME ADDITION TO
DEERFIELD, A SUBDIVISION OF PART OF THE NORTH 1/2 OF SECTION 4,
TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH
LINE OF SAID LOT 4, WHICH IS 55.24 FEET WEST OF THE SOUTHEAST CORNER
THEREOF, THENCE NORTH 90 DEGREES WEST ON SAID SOUTH LINE A DISTANCE
OF 229.80 FEET, THENCE NORTH 25 DEGREES 9 MINUTES 30 SECONDS WEST A
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DISTANCE OF 112.03 FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS
EAST A DISTANCE OF 208.0 FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30
SECONDS EAST, A DISTANCE OF 209.72 FEET TO THE POINT OF BEGINNING IN
COOK COUNTY, ILLINOIS. ALSO THAT PART OF LOT 5 IN DOWNEY'S COOK COUNTY
COUNTRY HOME ADDITION TO DEERFIELD, A SUBDIVISION OF PART OF THE
NORTH 1/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD
PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT
A POINT ON THE NORTH LINE OF SAID LOT 5 WHICH IS 55.24 FEET WEST OF THE
NORTHEAST CORNER THEREOF, THENCE NORTH 90 DEGREES WEST, A DISTANCE
OF 229.80 FEET, THENCE SOUTH 25 DEGREES 9 MINUTES 30 SECONDS EAST A
DISTANCE OF 174.97 FEET, THENCE NORTH 64 DEGREES 50 MINUTES 30 SECONDS
EAST A DISTANCE OF 208.0 FEET, THENCE NORTH 25 DEGREES 9 MINUTES 30
SECONDS WEST, A DISTANCE OF 77.28 FEET TO THE POINT OF BEGINNING, IN
COOK COUNTY, ILLINOIS.
PARCEL 3:
A NON-EXCLUSIVE, PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1
CREATED BY MUTUAL AND RECIPROCAL ACCESS EASEMENT AGREEMENT DATED
OCTOBER 24, 2005 AND RECORDED IN COOK COUNTY ON NOVEMBER 14, 2005 AS
DOCUMENT NUMBER 0531803071 FOR PASSENGER VEHICLE PASSAGE OVER AND
ACROSS THE INTERNAL DRIVES AS THEY MAY BE LOCATED FROM TIME TO TIME
ON THE MALL PROPERTY AS DEFINED THEREIN.
P.I.N. 04-04-101-029-0000, 04-04-101-030-0000, 04-04-101-031-0000, 04-04-101-032-0000,
04-04-101-033-0000, 04-04-101-035-0000, 04-04-101-036-0000, 04-04-101-037-0000
Commonly known as: Suite Al, 405 Lake Cook Road, Deerfield, Illinois
{00121517.11
EXHIBIT B
PATIO PLAN
{00121517.11
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Jimmy Thai Outdoor Seating
Looking Southeast
Jimmy Thai Outdoor Seating
Patio Table and Chairs
Jimmy Thai Outdoor Seating
Outdoor Patio Wall and Planters
Jimmy Thai Outdoor Seating
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EXHIBIT C
i
TO: The Village of Deerfield, Illinois ("Village"):
WHEREAS, Jimmy Thai Inc., an Illinois corporation (-Applicant), is the lessee of
that certain property located at 405 Lake Cook Road, Suite Al, in Deerfield, Illinois, and
legally described in Exhibit A ("Property"); and
LkKE caoK r4*Z*1 "e
WHEREAS, f f C7, an Illinois limited liability
company ("Owner"), is the record owner of the Property; and
WHEREAS, the Property is located in the C-2 Outlying Commercial District ("G2
District'); and
WHEREAS, on September 3, 1974 the Village Board adopted Ordinance No. 0.74-59
approving a final development plan ("Final Development Plan") for the development and
maintenance -of a Commercial Planned Unit Development for the Property, which Final
Development Plan has been amended from time to time ("Approved Planned
Development"); and
WHEREAS, on December 15, 1986 the Village Board adopted Ordinance No. 0-86-63
approving a special use permit (Special Use Permit'l to allow the Applicant to operate an
approximately 3,800 square foot restaurant on the Property ("Restaurant"); and
WHEREAS, the Applicant desires to provide an outdoor seating area for the
Restaurant ("Outdoor Seating Area'); and
WHEREAS, pursuant to Sections 12.09-G and 13.11 of the Zoning Ordinance, the
Applicant, with the consent of the Owner, has Sled an application with the Village for (i) an
amendment to the Approved Planned Development and Final Development Plan ("PUD
Amendment") and (ii) an amendment to the Special Use Permit ("Special Use
Amendment') (the Applicant's applications for the PUD Amendment and Special Use
Amendment are, collectively, the "Application) to permit the Applicant to add the Outdoor
Seating Area; and
WHEREAS, Ordinance No. _ O. 1-30 . adopted by the Village Board on ARgust J6
2021 ("Ordinance"), approved the Application; and
WHEREAS, Section 9.A.3 of the Ordinance provides, among other things, that the
Ordinance will be of no force or effect unless and until the Applicant and Owner have filed,
within 30 days following the passage of the Ordinance, their unconditional agreement and
consent to accept and abide by each and all of the terms, conditions, and limitations set forth
in the Ordinance;
NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as
follows:
(00121517.1)
1. The Owner and the Applicant hereby unconditionally agree to, accept, consent
to, and will abide by each and all of the terms, conditions, limitations, restrictions, and
provisions of the Ordinance.
2. The Owner and the Applicant acknowledge that public notices and hearings
have been properly given and held with respect to the adoption of the Ordinance, have
considered the possibility of the revocation provided for in the Ordinance, and agree not to
challenge any such revocation on the grounds of any procedural infirmity or a denial of any
procedural right.
3. The Owner and the Applicant acknowledge and agree that the Village is not
and will not be, in any way, liable for any damages or injuries that may be sustained as a
result of the Village's granting the Application or adoption of the Ordinance, and that the
Village's approval of the Application does not, and will not, in any way, be deemed to insure
the Owner or the Applicant against damage or injury of any kind and at any time.
4. The Owner and the Applicant hereby agree to hold harmless and indemnify
the Village, the Village's corporate authorities, and all Village elected and appointed officials,
officers, employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with the Village's adoption
of the Ordinance granting the Application for the Property.
Dated: Au st 17, 2021 _ , 2021.
ATTEST.
By: ►
Its: re r h0 -zok^e,
ATTEST:
Its: F.r+ A C'
{00121517.11
JIMMY TAAI INC., an Illinois corporation
By:
Its:
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