O-19-08
EXHIBIT D
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Deerfield, Illinois (“Village”):
WHEREAS, Old Kent Bank (“Trustee”), as Trustee under Trust No. 6004092, dated December 21, 2000 (“Owner”), is the legal and record title owner of that certain parcel of real property located at the address commonly known as 837 Waukegan Road, in Deerfield, Illinois (“Property”), and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance; and
WHEREAS, Shawqi Rayyan and Mary Rayyan (collectively, the “Beneficiaries”) are
the beneficiaries of the Owner; and
WHEREAS, the Property is located in the C-1 Village Center District (“C-1
District”), is currently improved with a one-story building (“Building”), and is located within the property commonly known as Marshall Mall; and
WHEREAS, Boo Kung You (“Business Operator”) and the Beneficiaries desire to use the Building on the Property as a nail salon (“Proposed Use”) (collectively, the Business Operator and the Beneficiaries are the “Applicants”); and
WHEREAS, Ordinance No. __________, adopted by the Village Board on _______, 2019 (“Ordinance”), grants a class B special use permit to permit the establishment of a nail salon on the Property; and
WHEREAS, Section 7.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:
1. The Applicant and Owner 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 Applicant and Owner 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 Applicant and Owner 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 of a special use or adoption of the Ordinance, and that the Village’s approval of the special use does not, and will not, in any way, be deemed to insure the
O-19-08 April 1
ATTEST: D6004092,NO.TRUST ATED
DECEMBER 21, 2000 By: By: ___________________________________ Its: Its:
ATTEST:
BOO KUNG YOU By:
Applicant or Owner against damage or injury of any kind and at any time.
4.The Applicant and Owner hereby agree to hold harmless and indemnify theVillage, the Village’s corporate authorities, and all Village elected and appointed officials,officers, employees, agents, representatives, and attorneys, from any and all claims thatmay, at any time, be asserted against any of such parties in connection with the Village’sadoption of the Ordinance granting the special use.
Dated: ______________________, 20___.