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R-21-36VILLAGE OF DEERFIELD RESOLUTION NO. 2021- R-21-36 A RESOLUTION APPROVING A DONATION AGREEMENT AND ACCEPTING THE DONATION OF THE PROPERTY AT 0 LANDIS LANE WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Landstar Custom Homes LLC, is the record title owner ("Owner') of that certain property commonly known as 0 Landis Lane and corresponding to P.I.N. 16-28-400-002 ("Property'); and WHEREAS, the Property is an approximate 63,162 square foot vacant parcel; and WHEREAS, the Village is the owner of a parcel of real property located adjacent to the Property that it uses for potable water management and various types of infrastructure; and WHEREAS, the acquisition of the Property will allow the Village to better manage potable water delivery and other Village infrastructure needs; and WHEREAS, the Owner desires to donate the Property to the Village, and the Village desires to accept the donation pursuant to a donation agreement ("Agreement'); and WHEREAS, the Village Board has determined that approval of the Donation Agreement and acceptance of the donation of the Property pursuant to the terms of the Donation Agreement will serve and be in the best interests of the Village and its residents; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF DONATION AGREEMENT. The Village Board hereby approves the Donation Agreement, substantially in the form attached to this Resolution as Exhibit A, and in a final form to be approved by the Village Manager and the Village Attorney. SECTION 3: AUTHORIZATION TO EXECUTE DONATION AGREEMENT. The Village Board hereby authorizes and directs the Village President and the Village Clerk to execute and seal, on behalf of the Village, the Donation Agreement and all necessary documentation related thereto to effectuate the acceptance of the Property pursuant to the terms of the Donation Agreement. {00122752.1) SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Jacoby, Jester, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: October 18, 2021 APPROVED: October 19, 2021 RESOLUTION NO: R-21-36 Daniel C. Shapiro, Mayor ATTEST: Village Cler {00122752.1} EXHIBIT A Donation Agreement {00122752.11 LANDSTAR CUSTOM HOMES, LLC 4808 RFD Long Grove, Illinois 60047 September 27, 2021 Kent S. Street Village Manager Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Re: Real Estate Donation of Property Commonly Known As 0 Landis Lane Deerfield, Illinois PIN 1628400002 Dear Mr. Street: This letter documents our donation of the vacant lot of land as legally described on the attached Exhibit A (the "Donated Property") to the Village of Deerfield Illinois, an Illinois municipal corporation (the "Village"). The following are the specifics of this donation. Donor: Landstar Custom Homes LLC Attn: Andrew Rubin 4808 RFD Long Grove, Illinois 60047 with a copy to Stephen J. Link, Esq. 1001 W. Lake Street Addison, Il. 60101 Donee: Village of Deerfield (the "Village") c/o Kent S. Street, Village Manager 850 Waukegan Road Deerfield, IL 60015 with a copy to Benjamin Schuster Elrod Friedman LLP 325 North LaSalle St. Suite 450 Chicago, IL 60654 Description of the Donated Property: one vacant lot of approximately 63,162 square feet and GIS 1.7393 acres commonly known 0 Landis Lane, Deerfield, Illinois 60015 ("Donated Property), and as legally described on Exhibit A. 100120269.21 PIN: 16-28-400-002 Fair Market Value of Donation: S 375,000 as of September 24, 2021 (per attached anraisal by Andrew Richter ("Appraisal") for Donated Property. Fair market value of any goods or services given to Donor in return: $ None. Additional donation: At the delivery by Donor of the signed warranty deed to the Village for the Donated Property ("Warranty Deed") and a Plat Act Affidavit, Donor will pay the real estate taxes for tax years 2020 and will give to the Village a cash contribution to the Village to pay the real estate taxes for the portion of the 2021 tax year when Donor owned the Donated Property. The Donor's share of the real estate taxes will be calculated by taking the amount of the most recent annual taxes multiplying by 105% then dividing by 365 and multiplying by the number of days in the tax year that the Donor owned the Donated Property. The Village, as Donee, shall execute Part VI of Internal Revenue Service Form 8283 ("Form") provided by Donor. The Village makes no representation or warranty with respect to the appraisal, the tax consequences of the donation, or any other matter with respect to the donation, or the Donated Property, and the Village's sole obligation with respect to the donation shall be to execute the Form. The Village's obligation to execute the Form is conditioned on the Form correctly reflecting the value of the Property as set forth in the Appraisal. Donor represents to the Village the following, which representations expressly survive delivery of the Warranty Deed and the closing of the transfer: (i) Donor has not entered into any agreements or granted any options pursuant to which any third party has the right to acquire all or any portion of the Donated Property or any interest therein, and to the best of Donor's knowledge, no such agreements or options exist; (ii) there are no leases, tenancies, licenses, options or rights of occupancy or purchase, service or maintenance contracts or other contracts which will be binding upon the Village or the Donated Property after the donation; (iii) the Donated Property is not affected by or subject to: (a) any pending or, to the best of Donor's knowledge, threatened condemnation suits or similar proceedings, (b) other pending or, to the best of Donor's knowledge, threatened claims, charges, complaints, petitions or unsatisfied orders by or before any administrative agency or court, or (c) any pending or, to the best of Donor's knowledge, threatened claims, suits, actions, complaints, petitions or unsatisfied orders by or in favor of any party whatsoever; (iv) to Donor's knowledge, there are no unrecorded easements, liens or encumbrances affecting the Donated Property; (v) Donor has received no written notice of, and to the best of Donor's knowledge, there is not any violation of any law, ordinance, order, regulation or requirement, including, but not limited to, building, zoning, environmental, safety and health 100120269.21 2 ordinances, statutes, regulations and requirements issued by any governmental or municipal body or agency having jurisdiction over the Donated Property, (vi) to the best of Donor's knowledge, there has not been any use of the Donated Property (a) for the generation, storage or disposal of any (1) asbestos, (2) petroleum, (3) explosives, (4) radioactive materials, wastes or substances, or (5) any substance defined as "hazardous substances" or "toxic substances" in any applicable law governing environmental matters. ("Environmental Laws") (collectively, "Hazardous Materials") and the use of the Donated Property has been in compliance with all Environmental Laws, (b) there are not any Hazardous Materials present on the Donated Property, (c) the Donated Property is currently in compliance with all Environmental Laws; and (d) there are currently no Storage Tanks on the Donated Property and any Storage Tanks formerly located on the Donated Property were removed in compliance with all Environmental Laws. At least 30 days prior to closing, Donor shall pay all outstanding real estate taxes, interest, and penalties as a result of the outstanding real estate taxes on the Donated Property, including the unpaid real estate taxes for the 2017, 2018, and 2019 tax years, and take all actions necessary to remove all tax liens on the Donated Property ("Tax Obligations"). Upon the approval of this donation by the Village, as shown by its signature on this letter, the Donor will deliver the following documents to the Village at a closing at Chicago Title Insurance Company ("Title Company") Northbrook office: (i) Warranty Deed with Plat Act Affidavit, to be recorded by the Title Company with the Lake County Recorder; (ii) a check for the amount of Donor's share of the 2021 real estate taxes for Donated Property, (iii) signed transfer declarations/MYDEC, (iv) all documents requested by the Title Company, (v) an ALTA /NSPS Survey provided to Donee digitally, and six stamped Surveys certified to the Donor, Title Company, and the Donee showing all improvements, encroachments, utilities and staked boundaries and that complies with all requirements of the Title Company that are conditions to the removal of the survey exception from the standard printed exceptions in the Title Commitment dated , 2021 (Donee will order the title commitment but Donor will be responsible for payment of the fee for the Title Company to issue its Owner's Policy as approved by the Donee), and contains a certification as to the total acreage of the Property, and includes Table A Items as approved by the Village; (vi) a ProForma Title Policy showing extended coverage over general exceptions, real estate taxes for 2021 and subsequent years, and title exceptions as approved by the Village; (vii) Bulk Sale Releases from the Illinois Department of Revenue, Illinois Department Employment Security, County and local government, if any; (viii) Proof of Tax Redemption for tax years 2017, 2018, 2019, 2020 and proof that all real estate taxes through 2020 have been paid in full, including any fees, penalties and interest; (x) proof that the Donor is good standing with the SOS and any company documentation required by the Title Company; and (xi) proof that Donor has satisfied the Tax Obligations set forth above. We will also allow Donee access to the Donated Property for any inspections Donee requires. We will cooperate with Donee to close on this transfer by or beforel 0/29/21 , 2021. { 00 120269.2} 3 Very truly yours, LAN[ . VCUSTM ES LLC, an Illinois limited liability company Byl Andrew Rubin, Manager Agreed this W*day of 0dober , 2021 VILLAGE OF DEERFIELD, ILLINOIS, an Illinois municipal corporation By: Kent S. Street, Village Manager Attested:Al/* Wig. 100120269.2) 4 EXHIBIT A Legal Description DONATED PROPERTY: THE EAST 651.75 FEET OF THE NORTHWEST 1/ OF THE SOUTHEAST 1/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE SOUTH 990 FEET THEREOF) IN THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS; ALSO DESCRIBED AS: THAT PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE SOUTH 990 FEET OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND EAST OF A LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID SOUTHEAST 1/4 668.75 FEET EAST OF THE NORTHWEST CORNER THEREOF AND A POINT 668.36 FEET EAST OF THE WEST LINE THEREOF MEASURED ON THE NORTH LINE OF THE SOUTH 990 FEET OF SAID NORTHWEST 1/4 OF THE SOUTHEAST 1/4 (EXCEPTING THEREFROM THAT PART THEREOF TAKEN AND USED IN PLAT OF SUBDIVISION RECORDED AUGUST 12, 1964 AS DOCUMENT 1235182 AND KNOWN AS LANDIS SUBDIVISION NO. 2), IN LAKE COUNTY, ILLINOIS. PIN: 16-28-400-002 Commonly known as: 0 Landis Lane, Deerfield, IL 100120269.2 )