O-15-16STATE OF ILLINOIS
COUNTIES OF LAKE AND COOK
VILLAGE OF DEERFIELD
VILLAGE OF DEERFIELD
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IIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIiIII�IIIIIIII
Image# 054723420077 Type: ORD
Recorded: 01/14/2016 at 10:39:41 AM
Receipt#: 2016-00002489
Page 1 of 77
Fees: $98.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
Fi1e7261644
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 0-15-16 with the following exhibits:
Final Site Plan for Taylor Junction by BSB Design, revised 06-09-2015
Site Plan for Taylor Junction by BSB Design, dated 06-09-15
Landscape Plan Sheet L. 1 for Taylor Junction by Tree & Timber, Inc., dated 4-13-15
Development Agreement for the Taylor Junction Townhomes
Impact Fee Agreement for the Taylor Junction Townhomes
Declaration of Party Wall Rights, Covenants, Conditions & Restrictions and Easements for the Taylor
Junction Townhome Association, in its final form
as appears in the records and files of the office of the Village Clerk
Dated this 21 st day of December, 2015
IF; FN ' `r�
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0274
N Ii.I.:1GE OF DFF111,11- .I)
LAKP AND ( (MOO, cot-:: I II S, ILL 1',0I8
AN ORDINANCE tI=PRov1NL;'rm: rAYLOR JUNXTION i ('M `H(i; IZ S
RISIDEVI'I.1L 1'I.A_"• NED I '._ r I)!'4ri oPNIFNT, THF, R1�,Z')N1\(R 01
PRGPER I I �; F 836 CI I-ti I'N II" S'I RI�.I?T V0 I tjV R-S GFI ]''
VTSIDF NCL DV% TRIt ':. N /,0NING 'rr 4 r AMEND!'iI N1 ' :) _1LL[)!1
RI.S,DENT:1L PU;) 0 I,FS.S "I II.1\ C)S'F ACRF AND A-S
XNII NDM FN'r 10 1Ilk 1':I,I .1 e• MOMPREIIE SIN Ili. 1\
PASSI<:D AND APPROVLD BY 1111,
PRE SIDE17 AND BOARD G! I RI `s I FTS
OF ME VILLAGE 01' I)FRHI°I.I), L W.
,%\D COOK Cot ti'rILS, If I INOIS, this
15#-h dal- of June . 2015.
Published in pamphlet form
by authority of the President
and Board ofTrustecs of the
V illage of Deerfield, Lakc anal
Coo'. Countie., Illinois, this
15thda8 of June , 2015.
1 Ii., �i�L �I� ,�I;I•'IZI�Ir�.r,,;.
1\ 1) i `OJK CC( NTILS. r:,; .IN OUS
\L: D. PiN 'TD
RLSID; " TI .I. PLANNED I '' I VVEI OP.NILN C,i�IiIo, Rt.. tl'�i.NG OF
I'I OP";:I TI
RL,SrDLNC1,; DIST1ti('I', A ZONI*%G TI=,%- T
A RLLSIDI:NTI XL PLD OF I;>j NS `I IIAN ONE ACRE ANb AN
�iI1rI\U.�ri�l�,.!'()"1'IlI•.'�"II<t..1::rY C:}:1IPRI:irI'\�IVr�; I'1 ";'1
"sII R 'k4, J:ico!! s l+e,itw, 11. 1,LC (thc ' Paitioner"), the c,�Nnc:r anj dt•yJoper of'.. ).a
acre narcti ol'pr(,p,,rtN legally &,crthcd on 1 \hibit 1 Att.a:hed hei.[,-- and :,,mmon!} l.novNli .1%
82.;-836 C;.h_sinut Stro :t tthe "tiuh w Pr 1pert}"), has p,;tititm,-d the PIdd c oanin'>,.ion M the
villarti ,wf f )4crf?...t 16r: 10 an amencl::tc:nt to ArtiLIt: 12.02-1) of the Amiv� ( trAtuncc: oj' 6i Q
V illap: n` U,vr1jc!J to allow a rc:sidun al plunned u'lit , LV'Z1opment of 1.:>, :€tin -11": 1 ') d-,Ic 'Al
sift in the 11-4; Goneral Dktr ,.t' I ii.) a;' iir etidmetit to the V ih�,gc C o:npr::tlensil. 131t:n
to cle ignate a purtitm of ihv Prol;tam (836 ( h.:.,mm'strict) t,Rr Irultl-f,1.1101'. c'CV,:I0p1PU't.
(iii) re/oning of a p;; rtion of thv Sui,icet propert� (836 C'h,;stntat 4�trectt t(; the It 5 GenLIA
1t�:stdencW f)i,rrict; 1 N) a,)prm al (1 a sp,%ial use authorising the prop,.s.,l 1 ',� !or function
t%mnhom,: &Nc:lopment uti Residvntial Plann,:J (-nit 1)eV00pMeut of the ',r.fpeti3 it .hc
R-5 Ger:cral 1Z aicl; ne, Dis?riv. including certain modifications 11 the iqui:ition, V-,tjbI hett 11
we lonin*� i )rdiiianre of the L'illa.�, c t' 1),crlicltf; anJ approval ol'a Haul ),;r,,lopiner,t 11'.an
fur the "l az-lc,r Junt~tiUn too nhorm, 1te,identi.A Planned 1 snit Dk;%,Joptn. nt tthe -Iljt jc;et" In
.tecorJonee with thc: I in. f ici,,A . rnic.i PIl m a,,thc>rired pur�.uunt to this Urdi-iur%c; : rd
W HLRi kS, +h,: PLn (', ii.imk-it.rt of the \, iVage of D,,wrlicld bold pubJ. h-,arinq on
I-'Qbi jur) I.-, 2M 5 mJ 1 ci+rtr:3.r, �6, 20 1 ~ to t: n,id;,;r Petit'Lln;Ys appi E, u'.1,'ll for :,aid !,'niil g
ordini nc,. text at) icndrn,:i it A, allok a re ij nlia: plans? :J utiil d, vt lorw tent of t! ,in one ( 1, -ci e
in SiiL i•i the R-5 tie'icrll Residcmc:: D-.:,tract, to rt~/.onu a r`% tiun of the €'t.:n) t k
6m. ral Rc,,iJ m, :rp,wuv�: -,, !zp-, .sal u,,• authoriling the pro-t,,4ic1 '1:4:1.ar Jun,-:;t,n
to" nhome du= elo+pl•ncnt as Rey'dentia, Plaim, d 1 rliE D1-%e1UPn1e-1t 01 rlic Subjcc, Proper't.. t.,
,tppio%,.; in a`. wr,drneo, to Ike Vi.ia'ac ( on?pr.;hensk,: flan &'hi 3rut€ng .t p%'i-don of th
I'rlp,.rt� tur nwiti-fnmilr d,:vc1onmr.i:n, and to upproN.: a prehi-aitmo. df-xelopz zi -t plant t01 thL
1'rvje�i us SpeOal t:sc Rcsidential Planet--d t nit I )i;r cloprrtent, 4;7,id hi-urinb hchy heE.l pursu:;.tt ,o
put kie notii , and tinnforinino its ah ri~sp4: tN. in h-th mL nner anal forrn. w ita th,
stattlt,;c nfth,: Sut-, o'. 1ltii-ok and t13.! /mim, Ordinance ,,ftho Vllla,,,: of Ike; :ii+v1:1: arrer
`-i W,.i r VS, !he flan C is rnrnis,:;an pr,.vj rusk zoibmittvd its mitten rL;3tlrt to the Roard of
1 rustx:s of :h, Villape cat' Deerli,id reLornm,;nding apprural itit: (i) a te-,t at,i..tidmLrt It, Al,' ,lL
I ?.O'--D of the /onin- Ordiii im, of tlic Vilh—e of Dc,:rtield nllomr ink a re.;iLmtia: lzlanud t:i=it
ciceclop€n,n' of le,- than trite N r ;wre in sire in th.it laari of the R-5 Gcneia; Rcsid-nc:; Dkl •i, t
bounded hr Ozer1i dd Roa.1. E tsrc,.:lr :itu�, V alnut Street and Ch,.•taut 4(rLCL: tii) arm d1-m=lrt,°rlt
tO the 4 illa-e flan to tl,:,ignat: , portion tik ux tiu1-k1ekt Proji rt; tc>r multi -tilt .;
develorment: (ii;) r.;loning a piv tion of the Nubji:::t Property to the R (i..'nr -A Rti,idc::cc
District: tis) - prov:•.1 of a spe,ial it,% authori!-in, th4 proposLA Tar lur J..�iirt;t>>1 tov- r ,)'. t ;
Je Jopmvnc a; Residcntiol Planned t nit Dk;\ clopment of thtr Subject Prow: t; in the R-5 C en, r::l
R,;si i,:neQ D'stria. tntlLlJrreri .;ertuin nioditkations o the regUi'ttiOlIc. 4' tli3': !.tC1 in the /k.n €`,
t•)rd"nan,%: w'tliL i11.t =c �,f l)certielcl„ ,: i€�l, ir) , is +rtkr �tl Lit a than pralinairiar� 0: optriurtt pl,t:i t . r
the' Prk?icot :� a R(..'` idwa.as i'lann:d I,' vit D,�� Aiprncta, ubjce-t to p: c,.:ntatk,!1 .-inil e I a
tinall &A elopmQnt plan hi whst.aiti, i wk Abrnrinve t'hAN itll; Und
M11) RE 4,S, th:; Prcsirtcnt and Board of 'I ru-,tees of tll:: ViII., ze of Dk'vr►field -,oncum,c in
: w r:;ioimme ictiGn of At Flan ( WK—Jon and &Ierminvd that it N in ih.: ho Te=ts :'..
%isge or Dewlicid that the flan of the Vili,,'gv of h: anwnt`ud x,
pro%ide'd herein `,o je�it,,n. v is porflin of th'a '%objec::t Piopur;j (836 OwstrwL �trcc:t) for
multi-l-mlil� JeNiJopment ,u -�he entire Suhj.-,:t PfOpvrt� i� desicnatod for multi-I,ir, P
doclol molt puisuam hi th.. CWgwchcwsiAc flan cif the Village: 4Dze:rfi.lu- and.
AN IILtti•" AS, tile; Prc,idc o! ari l c.t' l RIMS Of Me 'Fill I.e 01 l lc.k-tiJ,l vOn, irrvc. n
the reco nmend.:tion of ike Plan C•'' ml -,tiion amd de:t;n-rained that it ii In tl', ly,:,st o, '.I^e
VilUgc of Ikunc;id ilia. th, tvtt .ir'_1:'icl; 1-2.02-13 kq the; Aming (irdin:;ii:e; or tl,c % ilNe: of
Dvvrfivld be an end,:d to .illtm a rc.sidew.ial planned unit dog clkTm nt of Ims than wc 0) scr n
,,irc: in that portion c31 tKC R-5 00)Cra. Re,,idcnvQ Dibtrict bound by D.crii,�ld ]dyad, l-k�r::zt
Venue. 1t'€dnut Street and Clesmut Suvet; anti
NNFIE:RE'VS, the t'rciidoit and Nowd Wt rustevb 01 the l 111age of IWlield concurrsi in
the rvammmvndatiun of thc flan CMnAdon and dvtermincd that it is in tL he,t ia-%e rests of' kh-
Villap t,im),Hield Vint a portion vrm 5umect mpert) (836 C'hc;trut <tr & bw t. /cnlcd t,, the
R-5 Gencral Roc,idcnLe I tirtrict; .et�u.
'lit HERE_' S, 01c Pre idvklt and Bodrd cii' l ru;ice,, of thv \(illa: c; of Wc.-field in
the 1?l�in Commission ve,: n mcnd:,tikm -.find appRs\cd the preliminary dQwlopinent plan tfw :,fie
1 )br Junabon lownhonic Jcv; ilil;3mc t can hJuruh In,'. 15, iniludinN k;crt_.'n rrocilicmh m..11.
the regulation-, e'tahlisliad in t,iL� :/oui.,igo t tdinancc. of the; Villas-.e or Deerti.:ld, suhjcut is, ii,c
4ubscquent and appNn al kd .t iival eievctoprnem plan in substanti_,, kw 1i. rrnance a ith
-3-
IF:.. zppr0 u,, fir, iinlinar% ;,.An,' t;ld
eA-HLRI,-X-;, r-"!it oncJ thv flan t omnii-sion i -; Lipp; -%.€1 ol',: i.�l
,Jcrel,i,3ircnt plan fi:i tilc• I'rcij"t put.,tiant to ArLide 12.00-F. llaragrxi'i 3, c•i thc:
Uidin,inec c), thQ Vilkncy; of Dcerli Ad, -i-J
1A HEREA`, the Ilan has ta,brnfttcd iV, m-rit'cn rellk-r, to il),' B rird .tit'
Fru;tec, of tic. 1 illa#ri; t4 Dc; :ri,z': i flsiJing, thitthe final d,v I0nM€ nt plXl io, the Prok!Qt ir.:n
Nun,tantial t:,r -tornian" %N ith `.hc pruliw'narIN co%elupment plan hcrc;tot6r;r ,fr.irow '-)v t.je iii) `-d
(%I I r,i: ees and ro, commending: th.11 ells Board of I ru4ccN approve th,: Airial -,,!Iot rtent pl.if, !.,r
the I'a) for k utioa tee nhomc dwt c It-p—~iunt proi:;ct pur.�uant tt, %rdcl: Pz agrapl; ;. of
th,: /oning oi'dinunLc uE flit Vill.gv of R] erfitld, :i,, a Sp,,Jal t ,�: Re; id,: tial 1,knjncJ € it.
DCiJ0jIMCnt Ot'Oe llrorerl\; .;:-d
tiA`311'ltF kS, tiles Pictiid:nt and 34tard .4 fru•.tees r+fthe 1 A!age ol"D\, ,rficld Loticur .%iih
thL tindinq -nd rt:Lanaiivndr,iion .;i'th, 'I!in Commission that 'tic #inril do%v'.v"Cr eve plan f w'I«
Prnj,:Lt in in ,uhstantia.1 LOPfiirm_inc,: wi�h the xc°liminar, dc\clopnwnt rilaii -.Lretofore arr •, c:cf
b) th, I3n::rd of 1'rust.:es :Niel showd he apnrm cd pui;uunt to Arti4lu 12.094% P,ir:- .iph 3. i? *,lie
Zoning Ordinance: n: thy: VillaLw of Dec:rfidd, :;, a Special L>,u Resid<rl;ial Planiied i rit
D,4\elvpmcn'. or'thc' tUh'lk%t PrOlyc:rt) in tic R-{ Genua] Rusrcfcn" I)i5irict:
k 11I,1R44 I ORC, I3I' I r i )RDAINI;I) IVY i llt= 1't~`VS(Di M A\U k3() 1.Rt.) Oi�
I RI'S I'I:h) OF 1'l it 1 11J. ACiI. OF Ul 1 RI,'It-LD t -1KE AND( ()t )K CO( ;� I'Ik �, IL LIM )Iw.
in ihc- e\tirciyc ol'its homc mile pok% ;rs. 4�l lcilloNs:
';1k�C 1lU\ t: 1 hat the ak, ve an —I loivwin- r,,Jtjk hcinV inatc:rial Ur thk (-dinan.c. arc
herd in,;orl-c?r,.:tcd by this rei�icnc. a.:d €nad4 a par; cii this ( )rdinaacu as if (IWON 'Ll tl)rih he i:i.
SIX *110\ Z: t hat 1rti.1, 1 sio-f� i'ilinir;lunl ai�c c�# Site) m',- rt:.l:. 12 :.,1' the
-4-
Ordiminc.; ipi the ilt iz;: l : 1):�ri;:' �1, tc amc:i'ded ric ind thi. ,a,,ii k h1'i::1'1 !tlitCie- ,'.m mcl:;: tt,
!'i:ait ma ti�Fia;i::
11.03-1) ltinimun� Iv,., of Site
f \+'vp- u, prm iLIQd ;'' �,ubnvxauraph �, ih4 niinimullt
t 1) .!Cre sl i:ll h, retl.iir,-d' of each ,iie ti.lr wt-Acrutior
t nir Dv%- ,r!rcnt in the R A r 6ci:.:roll Kcsiuhnee l )istrid,
fit. ii:?IlEillU:il 1'I'=��4 =:re;t kii o `)- .lire: ,hail he rega_i,J Cif k:,:-h s;%, lot
"'It P''Lmncd t nit Dee elopment in that p::i•i ,
Gee%-r,d Re,i&m.;4 f)i,tii4t h'111nded hx M-erfield R,,utl Forest
N C111I-', V, ulnut titr4ct ind t he,tnr.t 4tiwct.
,SFC1'1ON 33: l l:ut the l-t:tu% land 1 cc Plan conwintd as Fil,ure ' of A c
Ci rnrsrkAms;%L PL 11 O lli,; Villzl:?. 0l Decr:lC1J jd0!7te..1 on O tolot.r -1, 2004 f)_ al'Al the. .,m %' is
hcreh; sir ,nJed to sho" th,: (�n€hc NuKe"t 1'ri�rmN ::; multi-l-ami1� Residt-ntiw'.
tilt' DON a: l hat the Aviing Mqt ol'the L i}lagc tit 1)eerii.l:l_ a,. ,-mend,:d be u;i:i G c
sane is hereby blither amended it, ri;!a5,ifj and i�./onc that nurdun (if tiii NU'1 j.;Lt Prur.:-\
.`oinlnnnl� i.noN� n as 830 Chestnut S't. et ii, R-5 (general RLNidcnee l )isti i,:t ,o th it the , !iJiv
Nuhjcc;t Prorcil\ ii.:,crih:cl shall be 3, R-5 64ii4r,.i1 Roidenc;e District,
SEX I'ION 5: l hat the Pi-esidert and Hoard of l rust.;c,, (io hercby 1id tii..;t the 1' to'r
Juneti,irt I'itrilillt`!'33i Dei:iriprntcnt 1[illl .ornp!ies N%ith thi Cv juirei ents and �,':,i".�a,k , m., tt+!'ii_ In
!lrtiulc 1.05-C, Par:i_.raph 8. Ailivie P-09 uncl Article 11.11 of'th,; Zon;iii UrL!il',n,;e ,)! :he
%'illage nI l)ec,fi:;ld. a5 aillL�tdsr«.
51~: HON 66: 1114 thaw Prc,idcm and Biaard 0' I-rurtees do horeby aut';orize a-iti ap vk%% ,;
uw Final Dc'celc'tiiiwnt flan For tiic I.Mur Junction IwvE nhum4 1)ct;A)pnlc.it 13 i Sr;wia.! t
Re.idc:!lti_d Planned l ait Dev.:',jpmviv; of tli.- Propero in the R-5 GM,. d Rcsieclicc
;)i:>triit inE;.Udin', L�erwia moclifiiC,-:Iior—, k)f'thi, re�tulttjons establt�ned in the /'nine t)rtlinalh:: Of
the Villdg, 4 DwerO.Jc! as prme ,.:;;d i,i Seoi„n 7 of this Ordinance. suhicci €f-,. tale cond ti,"iis,
rocuiatiors ;,od ,,!,tri' tioiri zvt 1',rh in :s xvA=n S of tliis Orilinanue,
Si:IC"11ON 7: TN: nr ,13' /c• ?:1
t� the ie,�.ilati( n, t?,ta'. l' .:irecf in '
nrdiiian, c of the k ill.:l;i:Of )i Lr:i,.[d lk-!hc It Gen;;ral K.sititnc. Ilistrict :ue her'+N auth,)s';, k•d
Jer the onsiruction, ,l;�e ;.>priit:l:. ant: vie o!' th,; I :.} lrr J,lrst:tiotl (()vinhoi-.- .1 e..Jl�rnel .,; .l
Spetwial Vw Iat*,id,nt ul Pl:uln:;d t rtit D%, clopnent of th.; Stlhie::t Pmpcm i.l ,c�rEfi).r1Tl ilst a �,h
t!l,: t iujA Do%clopmctlt f''s,m her,:hi autnorircd and ttiI,pruwd:
i,. t1 nlCl,;fil+"lti.rt3 ta' ,:llom the #oll,-�kinL, -�truetureS lil 11,, loLai,%: Pi till; wrlh
n( ri€�lt ti r,rYhi,4i, : m th', dvNZWpmi:t,' imlud'in e: the nQ "i bui`,aing:oohed
20, t9 ironl tl'.: n.)"th rropc,t) line. he nopati,r lc.' -gated 1 :,S feet trom
iit% nil?-th pro erl% hilt„. .;ie wt , prl, a,:}- screen i7.5 t,-,)t twi.i th-� north
prup,:r.) l'r:::, rind ().lc cI'< L onditionin,'_ Unit a:� shoNx n cn the: tiv d ;ite 1-,Ln.
l3. 1 € odift,.ition t4- allo%% t;t; in�, 7aucture; to he 41cat::,l .: the truth
pei iinctGr ,,:tbacl. of thk tdevelr•pmont inc[udin�, t1n: n'wi buildin'3'o,;xcd
20.; Irt;t frclln €:lt: 'OUth jvoperty lin', tho neu pkiti4) IOLatcd I ,. ieo lion
the south propcit; lirlL. the IIC%i prkai v �-.:rcvn located 14.5 ;,vt f1'tini the
'ouill propert\ fin. and .t!U air concl t`oaing unit ati shown on the fin;-1 mite
plan..
, , 1 ITIOdlfiention to vllo, II ;he lo!kl wing structure-, to be luk'atcal in t:'.,' ,a,t
pc:rirllc't.:r ;c:hack ril this, devel.!pll vw including. the llt<V, buil„inn I,...a--J
2'5.0 &act Irom thv c-, t rrvpert> lint the n4t4 balt..rn} Ir°cated I '.� tell fi-om
the cast prupGrO !in,:. tit,; ac%� .,,airs E:)catt:d 15.6 fm IK8M the ":d° t pi,rpe.lt}'
line. and one air oinditiOning. unit aS sit4nrn ur the final site pl.m,
1), A modification to allo" the follo\Ain,, tructurtts to be lozatoc: in the iN ,,t
perirnct,;r ,,,:thudk of tM, d:;tt lupinent includin-: the new building 1j,.ated
3fi.S } IsQet t'rom tl-.:; CAM rroperty line, the n�v% halco n3 and p._itio 1-..awd
2 t•.f) f:::et t.rin the cast pr,.nerO line and tRu air conditioning iinit., a.,holk n
can the ImA ;ite p!:srl.
I'. A 1nodilE..adon t., 'au .l mJ,lt€m pit ,ign to lucawd I feet lion the front
prclp,;rt,, 1'nc as ;:-im n of thy: ti'te plan.
SEC _i 10-N 8: l hat th-- xlprovt� ) and iluthori-r.atiou oi•aaid f inal DcI 111;;n Ii r ase
'I a) for Junction I im nhom,:, D.,%\1op! ncnt u, a Sp,;cidl t 5c Of the. 'SUbject Pwptirt,, in till k �
Gm,;rai RQsitl.:nt;e Oktri,:t iz ;rented :;uhjv,,'1 zo the tall, ing aciJitional tl+:ui'tl+ ]'_, ','i
M
and restrictions:
A. Fhat the ,on-,irUC1i,,J). J,�NdOp.-i-iwnt. 17iainwria. c and UNC 111 Ii;u Si:l-1l.Ct
Prop,:rt,% shall h�- ,ukl tomW: `_,€ accordanQc v ith the dn,;unient,.. f::.'.tcri_:l • and
exhii,-'Is c.irtlprki i�,, the Fins l the t;k)pir-unt 11;'jn f}r th-; 1,,ubk-,;t Pro:1c,'N at'_..,;hcd
am! mad,; a rare hcrCLI sta 1 Xhlhit
ii. Currpii:;n e c,ith ail rert--,,n(at ions uhmiticd and trade b,, tii.: ()�3€fvrto
0,.e Plaii and '10 thi and Board %it 1 ru,,Iu.'s (it tl.t' L Ell.: 2, of
t i :.,"uliflfl :nnd deliver3 of a Dcc oh1P,nent and oi- 'rnp::.t i've
�gjrC,'n2r:Ilt . tit tl tiU'Iita€ll4diti 31, ±11L lUrn7 oftjhl, drait5 Ui stf4.il JOCU7.I!i n S ll1tLC4 4in
t \1€1CIt 11, and , ovtipliatwr; NN ith the tons ,mJ ionditiins tlwl'i o,"
Sl C-11ON 9: 1 h-,t this 0rdIjus1.,e, ank: each of its fQrrn,. shill be the ettictk e legit, ,:t'ti'e
act cif t homrule nluni, ipalit3 «ithoLA fq,ard to rOethcr ,uch € ,-dinam:i.! la, L.,o;d.tin
tt;rnls %; r rar4" to th,; pl -nN €",,Eons cif L;urr:,!,t or suhs,`quent nk,n-pr;x,1 pC% c 4utC .2v%:
in a manner or r:.g:frdine a matter aot k!J,:P,.Iud to h\ *taw i:ti, it iti tk: inti:". ,,i'
the curnoratt. authorities of the A U,:erfi ld fi€dt to "Oe eNtent t:.l.,'the
Oidill we �iwuld bt; inconsistent iti:ls and non-prCOnnike scat, lay.. th- Ordinance 4-:11
,upur,�Ld-, stag: Ila" in ,hai regariJ tN ithi,l 't, jurisdidiult.
I l llis 1 fpz co l eft BUnl. inwmionallx1
-7-
SFiCTIO.N.' LO: I hm this ,hefl be in Rill fume and trout m,; af%- it,
"P!'r'ON at Inc PP"Healki in ponphki Vina i PROM hj Inv.
RMIDUds 15th dl-vr June . 2UI5
AVINFarkas, Jester, Shapiro, Seiden. Struthers
" AYK' None
m3sr.Ni: Nadler
VIS I -� I'.\: Nrvne
NIT} O% 1 0 llli- 15th d-of Jane M 5.
%I I [A V.
%fillal's ( Wk
-8-
Village Pie,,ident
Exhibit A
Legal Description of Subject Property
Said property to be redeveloped is commonly known as 824 and 836 Chestnut Street and is
legally described as follows: 824 and 836 Chestnut Street, Deerfield, Illinois; PINS: 16-29-423-
009-0000 and 16-29-423-008-0000.
Exhibit H
Documents Comprising the final M eloprnent 'lan
for the i a,vi rr Junction Tow nhornes Development
824-`,36 Chestnut Stree*,
Hrial 5itc; Plum for 1 ay h •r .Iunc,"on h,, 13-,3 D-,- ig.n. re% kcd 06-110-20 i s:
'. ',itc Plan titr "f :,ylt;r.luntiJon b) t3S3 1?. �i-m dated 06-09-1 {.
3, 1--.nd,cap,� Plan ',, 1::et I. i i-Or "I .:),lor J►Eni tion bN t rx & I m,bt r 'n.:.. A;�J . 1 :-1;
4. 1 rtiv I oc;atioii:,. shcet 0-1 fior t a, liar Junztion b) 1 rce I ii!,.ier.
ON [l t• n<..',111i`(:rin,' drays im-; bN �ia`.CSF':1, Bru" n $- A;-S0Ci3tC Z. inC. I, I'- 1 .i% ILkr Jur-.�I',°n
(91 sh,,:t, �%it: an original ls,-umx dat, of 04, 07 I -,. Job 9,
( has a,.t r 1•.1,:1at',4),, 1,)r a)lor.[un L:'on b% HS 3 Dcaipn. dat::d 03-I[; AI con,iskw! of
t;1e (5) Vvith t lc%ation-2 I 1etafion-1,
1.1:v-dion-T Idtion-g _smut -Ah Rc.!r I,lL%ation,
7. Ruildin i :t,acrohl; Plans by BY1 p ; ,m. datou 03-03-7015 fur I a)'_(i,, Jum tion dcr-i,t'ng
[train floi,v upper flo-r aiwmbl), tool plan and Buildintr IN flux, oN.
BY3 11:,i _,n_ d.rtc;.i 0a-09-1 S 1'0; 1 a) lvr Junction depi,;thig floor
S. Floor flans i6r "la)lor R.m i,•n Re,.A:n%: A-l. A-2. and C h,� E3St3 1),t,ign. datLd
Is:-O'-2015 and E.,,nsistinV of f N,: k5I shoo,,.
9. I•,:nc,: Detail, Shot ur '1 at lur J,wwtirm by WsB D::sign, (sated 01-0:'-. O 15.
1I[, 1,,) for Junction Monun[(nt 5il: i Plar. hx Signaramu. dated 112.!2114.
1 I . 1 gym— tihcc;t for hi; hht r Portman 4quu:(: Coll"tion Outdoor Wail 44
12. lit.11". 1prnent A ?i;,: un', Coo Me i aN,lor JunE.tlt'n r,mnh,)ink:N.
13, Impact I-e-..:1fwcment is+r &c i',)lor,lanetic.rn l mnhornes.
14, DC6ar:11i0n Of l'«ri1. It all Right. { 'ov+ nants. C onditions. Ri striction.; mid 1
tl ,, I it;1or Jun,;tion l owih,:[n. 1„��, i rtiurt, in iti Iinal rorm.
r/114'v4
I
j4w1q-4w201(A
I of B
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S6prrr7
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a11It A_.
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CHESTNUT
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L
LU
Image# 054723420077 Type: ORD
Recorded: 01/14/2016 at 10:39:41 AM
Receipt#: 2016-00002489
Page 1 of 77
Fees: $98.00
IL Rental Housing Fund: $0.00
I Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File7261644
I SITE INFORMATION---
s°size
+mast
Gr
E Tow Units
9 units
, .E'i8E418i 171fCFA18tICii..
-
Ftsm' mal*
2a'to bulktm
r
Rear Yard Uback 30v to wxurg
2,10be"
3id8 s e* (btmcwv to men}')
notlls 20.5` �.1
South $Ae 20 w kp tau "
i of C4vetags 28,6M
V!I:LAGE BOARD CERTIFICATE
STATL QF I E OI&
COUNTY OF LAKE:
APPROVED AND ACCEPTED 13Y THE VILLAGE OF DEERFIELD, LAKE .one
C0U , ILL NC AT r ME-ETING HELDTIIIS DA4OF�,.2019
$Y' �e.�4 LSTTEST:
VILLAGE PRESIDENT ILLAGE CL£RK
PLAN, COMMISSION R`S CERTIFICATE
STATE OF ILL1NOM
COUNTY OF LAKE.
APPROVED BY THE PLAN CONINWON-OF THEAnLLAGE OF DEERFIELD,
LAKE CDtfNTV1JLLINCIS,A.TAMEETING-HELDTOs22" DAY OF
Awl A.2jS . .
ATE M: {I..O- R
CHAIR -MAN SEA
OWNER'S CERTIFICATE.
STATE Of RLINCOS
C{3tilal.TY OF LAKE:
THIS IS TO CERTIFY THAT )AECOaS VENTURE 11,. LI_C IS THE OWNER OF THEPROPEM
DESCRIBED ABOVE AND CAUSED THE FINAL DEVELOPMENT PLAN TOZE PREPARED
AS SHOWN HEREON, FOR THE USES:AELI3I'URPOSES THERON SET FMTf1, AS:
ALLOWED AND PROVIDED BY STATUTES AND THE:SAID CORPORABON,.ANP DOES
HERE3YACKNOWLEDGE ANDADOPT THE SAME UNDER TfjE. TITLE AFORESAla
DATED AT THIS DAY 3F
IAC09 VERT.LIRE It, LLC,.A DELAWARE LIL41TED LIASIUW COMPANY
BT JACOBS TAYLOR IUNCI)ON, LLE, Ali 1LLINC)IS LI@s+IITE€} LABILITY COMP?kNN
ar TREJACOBSS CQUIPANIES, # , AWI€ LINOIS LIMITED LIABILITY CCIMPA NY
BY.
NAME: IE1=1TH B. iACOBS
TITLE. AUTHOMZE€i RFPRBENTATI.V€
N, 0TARYS,(:ERTJf [CATE
i'1. :F• ILUMNS
ChieMMCi LAa
RiN* ZAyr ✓R- .............. A T'W PUSLIG INTI 1E 5.� r: 7U1dT e, Ate;
57:#IT . LSAID € O t3W -CFlstilvt".'MT
PERSCV. WHO '-TOTHE
-i`�kTl
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0FTI•IIS, "TR MFN".'1N,H ILALAP V-*' II3RM-IF.:' S NVPURK.'S"T17ttRgi&
1;FTFORTHF°'i RFFAte r. NA X I,NTAM #,NQiXFD# 5 VDCr. ANf.
J1 1.170 xRifr3Ai 790DSrOf41YpE L RTI1iS .?7y7t �r z '
I`AWm n UsaWe Open. 530 pravklsri ,
s
em.aek.m'ix„E,
_ /�� J1 N,OonnYu�P�,1u.b 4.S71A
Final Site Plan a Taylor Junction
Deafield, Illinois
RevS s 46-00,2015
a "MWI0r D .,w
0
TAYLORJUNCTIO]
llllgl llllll III IIIII lull Illll lilll lllli lull Illll lull Illll Illll Illll I111 IIII
image# 054723420077 Type: ORD
Recorded: 01/14/2016 at 10:39:41 AM
Receipt#: 2016-00002489
Page 1 of 77
Fees: $98.00
IL Rental Housing Fund: $0.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
Nt ETRA
6
04"
Scale: 1" = 20'
Fi1e7261644
2. 1.6
`W
j.. Iq
aof's
rITE INFORMATION
Parcel Size 39,190.0 sf 0.9 acres
Gross Density 10 dulac
Total Units — 9 units
Residential Information:
Front Yana Setback 25' to building
16 to front parch
Rear Yard Setback 30.8' to building
24' to balcony
Side Setback (building to property)
north side
20.5' to building
south side
20.5' to building
Lot Coverage
28.5%
(11.170 sf)
Minimum Usable Open Space
53% provided
(20,880 sf)
Unit Breakdown:
Unit A - 2 Bedroom + opt Bed 3
4 units
(28' x 54' footprint)
Unit B - 3 Bedroom
2 units
(28' x 45' footprint)
Unit C - 2 Bedroom + Loft opt Bed 3
3 units
(28' x 32' footprint)
0 20 40 80 Taylor Junction
Site Plan Deerfield, Illinois
+rroa.r�..om s:�r,, Saar terra t.w�e :m.n.mr+,.,.a a�-
.�:�,-�f��..�.f.,,rona���a��a 1'9vised 06-09-15
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--------------
Trerc< Removal Chart
Tag No.
Size IQkLI
ftecies
Cou tian
sw
w
Na le
Poor
507
9"
Mulberry
poor
506
2r
Ala a
Fair
509
13"
I Thee of Heaven
Poor
5L0
9" x 8"
Mulberry
Poor
511
W
Norway Maple
Fair
512
12"
NanM M e
Fair
513
w
Norway Maple
Fair
324
78"
Box Elder
Poor
M5
16"
Mullmrry
Fair
3"
w
Male
Fair
527
Zap
MulberrV
Fair
518
10,
Oak
Fair
sit
19,
pal
Fair
520
w
Whim pile
Good
521
12"
Blue ruse
Poor
522
12"
Norway Maple
Fair
523
18"
FII
Poor
�o;
srt , - , +. •Y 1 �+ - {- t f # 1 i��ati! 0 Ps % i�,�I a 1 a.# A
* ` ii,t�i.l �yzl•'-\Illlau. UA (3)
kc (5)
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unit B U n't A 1 r
ri,Til ul
NOW
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UA
4CVOJ 13 1! RD { /FIG (7) . A _ .
* - AF AF
I AF
y ~
AF
I i
' AFcn
B 9 [
Unit R . NF (3) lD (2) 4 ` . TO ,„.GA (6) 'AAA 0}
cv f
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F
Tro w r� '
To
(IV Unit C Unit C I Unit B Unit A
■■• r li � ` I fff aa� �.
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,,� . 13 .3
ram. 0-157-1
Ex. e-*tz
DEVELOPMENT AGREEMENT
TAYLOR JUNCTION TOWNHOMES
THIS DEVELOPMENT AGREEMENT is dated this Arty of I /i.`
2015, by and between the Village of Deerfield, a home rule Illinois municipal corporation
("Village"), and Jacobs Venture II, LLC, an IIlinois limited liability company ("Developer").
RECITALS:
A. Developer is the owner and developer of that certain approximately 0.9-acre
parcel of property described on Exhibit A attached hereto and made a part hereof (the "Subject
Property").
B. Developer proposes to develop the Subject Property with a 9-unit townhome
development in accordance with the Final Development Plan approved for the Subject Property
(the "Project")
C. Developer has petitioned the Village's Plan Commission and Board of Trustees
(the "Corporate Authorities") for approval of (i) an amendment to the Village Comprehensive
Plan to designate the Subject Property for townhome development; (ii) rezoning the entire
Subject Property to the R-5 General Residence District; (iii) a zoning text amendment to allow a
Residential PUD of less than one (1) acre in size; and (iv) approval of a Final Development Plan
as defined in Section 12.09-F of the Village Zoning Ordinance, including certain exceptions and
modifications from the Village Zoning Ordinance to allow development of the Project in
accordance with the Final Development Plan.
D. Developer has submitted certain plans, schedules, specifications and other
documents comprising the Final Development Plan (as defined in the Village Zoning Ordinance)
-1-
for the Project, said documents being listed on Exhibit B attached hereto. The Final
Development Plan has been submitted to, reviewed by, and recommended for approval by the
Plan Commission.
E. The Corporate Authorities have reviewed the Final Development Plan and have
adopted or will adopt or otherwise approve all necessary ordinances, motions, and approvals: (i)
amending the Village's Comprehensive Plan to designate the Subject property for townhome
development; (ii) rezoning the Subject Property to the R-5 General Residence District; (iii)
amending the Zoning Ordinance to allow a Residential PUD of less than one (1) acre; (iv)
authorizing the Project as a Special Use Residential PUD; and (v) approving the Developer's
Final Development Plan for the Project.
F. The Village has heretofore adopted the "Deerfield Development Code"
("Development Code"). Among other things, the Development Code calls for the Village and
the Developer to enter into a "Development Agreement" relative to the development of the
Subject Property.
G. In accordance with Article III of the Development Code, this Agreement has been
reviewed by the Director of Community Development, the Village Engineer, and the Village
Plan Commission.
H. The parties now desire to enter into this Development Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the Development
Code.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
-2-
1. Incorporation of Recitals. The recitals set forth above are incorporated herein as
if fully set forth.
2. Identification of Development/Improvement Plan.
A. For purposes of this Agreement, the "Final Development Plan" shall
consist of the documents listed on Exhibit B hereto, which documents have been approved by the
Corporate Authorities pursuant to the Development Code and which are hereby incorporated and
made a part of the Agreement by this reference.
B. In accordance with Section 3-101-B of the Development Code, the
Developer has provided the Village Engineer and the Director of Community Development with
copies of its Improvement Plan as part of its Final Development Plan. The term "Improvement
Plan" when used herein shall include only those documents and/or plans, or those specific parts
of such documents and/or plans, listed in Exhibit B that depict public or private improvements as
they are defined in the Development Code, or specifically identified hereafter. Said final
engineering plans are identified as part of Exhibit B.
3. Site Development Schedule. In accordance with Section 3-102-B(4)(a) of the
Development Code, Developer will cause the Subject Property to be developed in an orderly
fashion and substantially in accordance with the schedule attached hereto as Exhibit C and made
a part hereof. The parries recognize and acknowledge that this development schedule is subject
to variables relating to weather, strikes, work stoppages, acts of God and other matters outside of
the reasonable control of the Developer, its contractors and subcontractors.
4. Development/Imrovement Details. Pursuant to Section 3-102-B(4)(b) of the
Development Code, all proposed improvements are depicted and detailed on the Improvement
Plan.
-3-
5. Performance Guarantee. Except as provided in the following subparagraphs,
Developer shall submit a performance guarantee as required by Article IV of the Development
Code.
A. In accordance with Article IV and Section 3-102-B(4)(c) of the
Development Code, Developer shall provide to Village, in a form satisfactory to the
Village, an irrevocable commercial letter of credit equal to one hundred ten percent
(110%) of the total cost estimate for the following public and private improvements: site
preparation, utilities, drainage, parking lot and landscaping, and any other public or
private improvements specified in the Improvement Plan (collectively, the "Guaranteed
Improvements").
B. In lieu of providing the letter of credit required pursuant to subparagraph
5.A prior to the time of adoption of the Final Development Plan authorizing the
Residential Planned Unit Development for the Subject Property as required by the
Development Code, Developer may elect to provide the Village with the unconditional
commitment of a commercial bank or financial institution authorized to do business in
Illinois to provide the required letter of credit within one (1) year from the time of
adoption of the Final Development Plan. In no event, however, shall Developer be
entitled to the issuance of any permit for work on the Subject Property, nor shall
Developer commence any site development or utility work on or adjacent to the Subject
Property, until the required letter of credit has been deposited with the Village in
replacement of such alternate performance guarantee.
C. At the time that Developer completes the Guaranteed Improvement(s) in
accordance with the Improvement Plan and makes payments for such Guaranteed
-4-
Improvement(s), and as a prerequisite to any partial reduction of the performance
guarantee, Developer shall provide Village with documentation: (i) identifying the
specific Guaranteed Improvements completed by Developer, (ii) the estimated cost for
such Guaranteed Improvements, (iii) certificates from the Inspecting Engineer (defined
below) that such Guaranteed Improvements have been fully and satisfactorily completed,
(iv) all appropriate contractor and/or subcontractor lien waivers for the work performed
and materials supplied for the specific Guaranteed Improvements, and (v) such other and
further invoices, bills, contracts or documentation as the Village shall reasonably request
to evidence completion of the Guaranteed Improvements in accordance with the
Improvement Plan. Except as expressly modified herein, all reductions and the final
discharge of the letter of credit shall be in accordance with Sections 4-147 and 4-149 of
the Development Code.
6. Approved _Conditions. Requirements and Variations. The Developer
expressly agrees, understands and acknowledges that the Village and its officials shall be under
no obligation to issue building or occupancy permits for the PUD if the Developer has not
furnished and kept current the Performance Guarantee required by the provisions of Paragraph 5,
and otherwise complies with this Agreement, with the Final Development Plan for the Project,
and with any and all applicable ordinances, laws, regulations and rules of the Village and any
other governmental body that has jurisdiction over the Project..
The following variations from the strict provisions of the Development Code of the
Village of Deerfield are granted: NONE.
7. Comoliance with Other Rules and Resulations. Except as expressly provided
herein, the Developer shall comply with any and all applicable ordinances, laws, regulations and
-5-
rules of the Village and any other governmental body that has jurisdiction over the Project. The
development of the Subject Property shall proceed in accordance with the ordinances described
hereinabove and with applicable provisions of the Deerfield Municipal Code. No construction
work shall be performed relating to the development of the Subject Property and no dwelling
unit in the PUD shall be occupied unless and until all required permits are obtained from the
governmental bodies having jurisdiction. During construction, the Developer shall take such
measures to provide for erosion control and soil conservation as required by the Deerfield
Watershed Development Ordinance, as amended.
8. Inspecting Engineer. Pursuant to Section 4-106 of the Development Code, the
Village Engineer, or any reputable registered professional engineering firm designated by the
Village Engineer, shall be the "Inspecting Engineer" authorized to ensure that the development
complies with the approved Improvement Plan, the Village Standards and Specifications Manual
and this Agreement. Developer is responsible for payment of engineering review fees. To the
extent that the Village Engineer designates a professional engineering firm to serve as the
Inspecting Engineer, such Inspecting Engineer shall invoice the Village for engineering services
rendered and the Developer shall promptly reimburse the Village for such engineering fees and
costs.
10. Remedies. Upon breach of this Agreement, any party in a court of competent
jurisdiction may obtain all appropriate relief, including, but not limited to, specific performance,
injunction or damages. Notwithstanding the foregoing, before the failure of any parry to perform
its obligation under this Agreement may be considered a breach, the party claiming such failure
shall notify, in writing, the party alleged to have failed to perform, and shall demand
performance. No breach may be found to have occurred if performance has commenced to the
M
reasonable satisfaction of the complaining parry within thirty (30) days of receipt of such notice
and if the failing party pursues diligently the curing of such failure.
It. Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage
prepaid, or delivered personally to the parties at the following addresses, or to such other
addresses as the parties by notice shall designate:
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
ATTN: Kent S. Street
Copy to: Peter D. Coblentz
Rosenthal, Murphey & Coblentz
30 North LaSalle St., Suite 1624
Chicago, Illinois 60602
If to Developer: North Shore Property Developers, LLC
Copy to: Calvin A. Bernstein, Esq.
Samuels & Bernstein
491 Laurel Ave.
Highland Park, IL 60035
12. Successors and Assigns. This Agreement shall be binding upon the parties, their
respective successors and assigns.
13. Authori . The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
14. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the
parties and are not to be construed as an integral part of the Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
(c) Sev_erability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of such other
provisions, covenants or portions of this Agreement.
10
(d) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties. The
exhibits to this Agreement are expressly incorporated herein.
(e) Count arts and Duplicate Original. This Agreement may be executed in
any number of counterparts and duplicate originals, each of which shall be deemed an original,
but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
and year first written above.
VILLAGE OF DEERFIELD
an Illinois municipal corporation
By: IE-N
Name: Harriet Ros nthal, President
ATTEST:
illage ierk
DEVELOPER:
JACOBS VENTURE II, LLC,
By: Jacobs Taylor Junction, LLC,
an Illinois limited liability company
Its Manager ;?
By:
Marne: Keith B. Jacobs
Its: Member
la
ORD.
E.W. Q 0 1-S
THIS AGREEMENT entered into this day of i Juy1t_ , 2015, between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation ("Deerfield") and JACOBS
VENTURE II, LLC, an Illinois Limited Liability Company ("Developer").
WITNES SETH
WHEREAS, Developer is the owner and developer of a certain parcel of property
approximately 0.9 acres in size located at 824 and 836 Chestnut Street, Deerfield, Illinois, and
which is legally described on Exhibit A attached hereto (the "Subject Property"); and
WHEREAS, pursuant to relevant provisions of the Village Zoning Ordinance, Developer
has made application to Deerfield for certain approvals, including: (i) approving a zoning map
amendment rezoning a portion of the Subject Property from R-4 Single -Family and Two -Family
Residence District to R-5 General Residence District; (ii) approving a Residential Planned Unit
Development (PUD) to permit a 9-unit townhome development of the Subject Property; and (iii)
approving a zoning text amendment to allow a Residential PUD of less than one (1) acre in size;
and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-93-48 (the "Ordinance")
pursuant to its powers as a home rule unit recognizing the burden placed on various
governmental units resulting from additional residential development within Deerfield; and
WHEREAS, the Ordinance establishes certain standards for dedication of land or
payment of fees in lieu thereof in recognition of the increased burden upon the various
governmental units in Deerfield resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within Deerfield as a basis for calculating impact fees in the manner required by the
Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good valuable consideration, it is agreed by and between Deerfield and Developer as
follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. Deerfield has conducted a review of the specific residential development proposal
presented by Developer and considered the standards in the Ordinance for requiring cash
contributions in lieu of land dedications to ensure that the new development satisfies Ordinance
requirements for an appropriate impact fee contributions.
3. As a result of the foregoing, Developer agrees to pay: (a) an impact fee of
$8,873.72 as a contribution in lieu of dedication of a school site for the benefit of the Deerfield
School District No.109; and (b) an impact fee of $3,421.25 as a contribution in lieu of dedication
of a school site for the benefit of the Deerfield Township High School District No. 113.
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4. Developer further agrees to pay an impact fee of $50,780.63 as a contribution in
lieu of dedication of land for park and recreational for the benefit of the Deerfield Park District.
5. Developer further agrees to pay an impact fee of $13,846.18 to the Village of
Deerfield as a contribution in lieu of dedication of land for village and library site use.
6. Developer further agrees to pay an impact fee of $101.56 as a contribution in lieu
of dedication of land for fire protection facilities to the Deerfield -Bannockburn Fire Protection
District.
7. The fees set forth in Paragraphs 3-6 above shall be payable on a pro rata basis
upon Deerfield's issuance to Developer of building permits for each townhome unit in the
Development. To illustrate, the total of the impact fees to be paid by Developer is $77,023.34,
and Developer will pay one -ninth of that amount ($8,558.15) for each townhome unit upon the
issuance of building permit for that townhome unit.
8. Developer agrees that all payments hereunder shall be payable to Deerfield and
shall be deposited with the Village Finance Director who shall be solely responsible for
disbursement of the funds to the governmental units benefited by the Ordinance.
9. Deerfield acknowledges and agrees that compliance by Developer with the terms
of this Agreement constitutes full compliance with the Ordinance, and Deerfield agrees that
Developer shall not be required to make any further or other payments of cash or dedications of
land which are not set forth in this Agreement to satisfy the Ordinance.
10. Developer waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Developer waives and
releases any and all rights to contest the time, manner and purposes of the expenditure of any
fees paid hereunder, and specifically waives any right under Section Eight of the Ordinance for
any refund of fees not expended within ten (10) years.
11. Developer and Deerfield agree that the execution and delivery of this Agreement
by the parties hereto shall be an express condition to the approval of a final plat of subdivision
for the proposed residential development of the Subject Property. It is acknowledged by
Developer that any failure on its part to fully perform all aspects of this Agreement as and when
required shall entitle Deerfield to cease to issue building permits for further construction and to
issue certificates of occupancy for completed residential units.
12. Deerfield and Developer agree that this Agreement shall be binding upon and
shall benefit the successors, transferees, legal representatives, grantees and assigns of the parties
hereto.
13. This Agreement may only be modified by an instrument in writing executed by all
parties hereto. Execution of this Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the corporate authorities of Deerfield to direct its execution
on behalf of Deerfield.
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IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written.
VILLAGE OF DEERFIELD
By
Village President
ATTEST:
DEVELOPER:
JACOBS VENTURE II, LLC,
Dated: (JIt ae.. %�r , 2015
By: Jacobs Taylor Junction, LLC,
an Illinois limited liability co y
Its manager
By. Dated: Ty.°'-e—
Name: eith B-Jacobs
Its: Member
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r -5-- .2015
EXHIBIT B
BY-LAWS OF
THE TAYLOR JUNCTION
TOWNHOME ASSOCIATION
ARTICLE I
PURPOSES AND POWERS
The Association shall be responsible for the general management and supervision of the
Property, and shall have all of the powers to perform, and shall be responsible to perform, all of
the obligations provided in the Declaration. Further, the Association shall have all powers now
or hereafter granted by the General Not For Profit Corporation Act of the State of Illinois which
shall be consistent with the purposes specified herein and in the Declaration.
ARTICLE II
OFFICES
2.1 Registered Office. The Association shall have and continuously maintain in this
State a Registered Office and a Registered Agent whose office shall be identical with such
Registered Office. The Association may have other offices within or without the State of Illinois
as the Board of Directors may from time to time determine.
2.2 Principal Office. The principal office of the Association shall be maintained in
Deerfield, Illinois.
ARTICLE III
MEMBERSHIP
3.1 Voting Members. Every person or entity who is a record owner of r; fee or
undivided fee interest in any Townhome Lot which is subject by covenants of record to
assessment by the Association shall be a member of the Association. The foregoing is not
intended to include persons or entities who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be separated
from ownership of any Townhome Lot which is subject to an assessment by the Association.
Townhome Unit ownership of such Townhome Lot shall be the sole qualification of
membership. Nothing herein contained shall be interpreted to exclude Declarant from
membership while it or its successors in interest, if any, owns one or more Townhome Lots.
Voting rights with regard to each Member are set forth in Section 3.2 hereof.
3.2 Classes of Membership. The Association shall have two classes of voting
membership:
Class A. Class A Members shall be all those Townhome Unit Owners as defined in
Section 3.1, provided that Declarant shall not be a Class A Member until the Transfer
Date. Class A Members shall be entitled to one vote for each Townhome Lot in.which
they hold the interest required for membership by Section 3.1. When more than one
person holds such interest in any Townhome Lot, all such persons shall be Members.
The vote for such Townhome Lot shall be .exercised as they among themselves
determine, but in no event shall more than one vote be cast with respect to any
Townhome Lot. All Members holding any interest in a single Townhome Lot shall
together be entitled to cast only one vote for the Townhome Lot.
Class B. The Class B Member shall be Declarant. The Class B Member shall be entitled
to three (3) votes for each Townhome Lot in which it holds the interest required for
membership by Section 3.1; provided that the Class B membership shall cease and be
converted to Class A membership on the Transfer Date.
3.3 Meetings.
(a) Quorum: Procedure. Meetings of the Members shall be held at the principal
office of the Association or at such other place in Lake County, Illinois as may be
designated in any notice of a meeting. The presence at any meeting, in person or by
proxy, of a majority of the total votes determined pursuant to Section 3.2 above shall
constitute a quorum. Unless otherwise expressly provided herein or in the Declaration,
any action may be taken at any meeting of the Members at which a quorum is present
upon the affirmative vote of the Members having a majority of the total votes present at
such meeting. Any Member in writing may waive notice of a meeting, or consent to any
action of the Association without a meeting.
(b) Initial and Annual Meeting. The initial meeting of the Members shall be held at
such time as may be designated upon not less than thirty (30) days' prior written notice
given by Declarant, provided that such initial meeting shall be held no later than one
hundred and twenty (120) days after the Transfer Date. Thereafter, there shall be an
annual meeting of the Members on the first Tuesday of May of each succeeding year, at
7:30 P.M. If the date for the annual meeting of Members is a legal holiday, the meeting
will be held at the same hour on the first day succeeding such date which is not a legal
holiday.
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(c) Special Meetings. Special meetings of the Members may be called at any time
for the purpose of considering matters which, by the terms of the Declaration or these By -
Laws, require the approval of all or some of the Members, or for any other reasonable
purposes. Said meetings shall be called by written notice, authorized by a majority of the
Board or by the Members having one-half (%) of the total votes entitled to be cast by the
Members as provided in Section 3.2 above, and delivered not less than five (5) days prior
to the date fixed for said meeting. The notices shall specify the date, time and place of
the meeting and the matters to be considered.
3.4 Notices of Meetings. Notices of meetings required to be given herein may be
delivered either personally or by mail to the persons entitled to vote thereat, addressed to each
such person at the address given by him to the Board for the purpose of service of such notice, or
to the Townhome Unit of the Townhome Unit Owner with respect to which such voting right
appertains, if no address has been given to the Board. The notices required herein shall state the
specific purpose and the nature of the business for which the meeting is called. At any meeting,
no business may be transacted other than that specified in the notice.
3.5 Proxies. At any meeting of Members, a Member entitled to vote may either vote
in person or by proxy executed in writing by the Member or by his duly authorized attorney -in -
fact. No proxy shall be valid after eleven (11) months from the date of its execution unless
otherwise provided in the proxy.
ARTTCT,E TV
BOARD OF DIRECTORS
4.1 Board of Directors. The direction and administration of the Property in
accordance with the provisions of the Declaration shall be vested in the Board of Directors,
consisting of three (3) persons who shall be elected in the manner hereinafter provided, except
for the first Board of Directors appointed by Declarant (or its designee). The Members having at
least two-thirds (2/3) of the total votes may from time to time increase or decrease the term of the
office of the Board members at any annual meeting, provided the terms of at least one of the
persons on the Board shall expire annually. Each member of the Board, with the exception of
the Board members initially appointed by Declarant (or its designee) shall be one of the
Townhome Unit Owners (including Declarant); provided, however, that in the event an
Townhome Unit Owner is a corporation, partnership, trust, limited liability company, or other
legal entity other than a natural person or persons, then any director or officer of such
corporation, partner of such partnership, individual trustee or beneficiary of such trust, manager
or member of such limited liability company, or manager or principal of such legal entity, shall
be eligible to serve as a member of the Board and provided further that in the event a member of
the Board has entered into a contract to sell his Townhome Unit and vacates the Townhome Unit
prior to the consummation of that transaction, such member shall thereafter no longer be eligible
to serve on the Board and his term of office shall be deemed terminated.
4.2 Determination of Board to be Binding. All matters of dispute or disagreement
between Townhome Unit Owners with respect to interpretation or application of the provisions
of the Declaration or these By -Laws shall be determined by the Board as hereinafter provided,
which determination shall be final and binding on the Association and on all Townhome Unit
Owners subject, however, to the jurisdiction of any applicable court of law.
4.3 Election of Board Members. At the initial meeting of the Members and at all
subsequent annual meetings of the Members there shall be elected a Board of Directors. In all
elections for members of the Board of Directors, each Member shall be entitled to vote on a non-
cumulative basis and the candidates receiving the highest number of votes with respect to the
number of offices to be filled shall be deemed to be elected. The initial Board of Directors
designated by Declarant pursuant to Section 4.1 hereof shall serve for a period commencing on
the date the Declaration is executed and ending upon the qualification of the directors elected at
the initial meeting of Members held as provided in Section 3.3(b) hereof Members of the Board
elected at the initial meeting shall serve until the first annual meeting. Three (3) Board Members
shall be elected at the initial meeting. The two (2) persons receiving the highest number of votes
at the first annual meeting shall be elected to the Board for a term of two (2) years and the person
receiving the next highest number of votes shall be elected to the Board for a term of one (1)
year. In the event of a tie vote, the members of the Board shall determine which members shall
have the two (2) year term and which member shall have the one (1) year terms. Upon the
expiration of the terms of office of the Board members so elected at the initial meeting and
thereafter, successors shall be elected for a term of two (2) years each. Notwithstanding the
aforesaid election procedure Declarant or its designee or beneficiaries may appoint a Board
which shall have the same powers and authority as given to the Board generally, as provided
hereinafter, and such appointed Board shall function until such time as the initial meeting of the
Members is held.
4.4 Compensation. Members of the Board shall receive no compensation for their
services, unless expressly allowed by the Board at the direction of the Members having two-
thirds (2/3) of the total votes. However, any director may be reimbursed for reasonable expenses
incurred in the performance of his duties.
4.5 Vacancies in Board. Vacancies in the Board, other than as a result of removal
pursuant to Paragraph 4.7 hereof, including vacancies due to any increase in the number of
persons on the Board, shall be filled by the remaining members of the Board or by the Members
present at the next annual meeting or at a special meeting of the Members called for such
purpose.
4.6 Election of Officers. The Board shall elect from among its members a President
who shall preside over both its meetings and those of the Members, and who .shall be the chief
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executive officer of the Board and Association; a Secretary who will keep the minutes of all
meetings of the Members and of the Board and who shall, in general, perform all the duties
incident to the office of Secretary; and a Treasurer to keep the financial records and books of
account, and such additional officers as the Board shall see fit to elect. All officers shall be
elected at each annual meeting of the Board and shall hold office at the pleasure of the Board.
4.7 Removal of Board Members. Any Board member may be removed from office
by affirmative vote of the Members having at least two-thirds (2/3) of the total votes, at any
special meeting called for the purpose in the manner aforesaid. A successor to fill the unexpired
term of a Board member removed may be elected by the Members at the same meeting or any
subsequent meeting called for that purpose.
4.8 Meeting of Board. The initial meeting of the Board shall be held immediately
following the initial meeting of the Members and at the same place. At such meeting the Board
shall elect its officers to serve until the first annual meeting of the Board which shall be held
immediately following the first annual meeting of the Members and at the same place. All
subsequent annual meetings of the Board shall be held without notice immediately after, and at
the same place as the annual meeting of Members. Special meetings of the Board shall be held
upon call by the President or by a majority of the Board on not less than forty-eight (48) hours'
notice in writing to each member, delivered personally or by mail or telegram. Any member
may in writing waive notice of a meeting, or consent to the holding of a meeting without notice,
or consent to any action of the Board without a meeting. A majority of the number of Board
members shall constitute a quorum for the transaction of business. Unless otherwise expressly
provided herein, any action may be taken by the Board upon the affirmative vote of those present
at its meetings when a quorum is present.
4.9 Execution of Investments. All agreements, contracts, deeds, leases, vouchers for
payment of expenditures, and other instruments shall be signed by such officer or officers, agent
or agents of the Board and in such manner as from time to time shall be determined by written
resolution of the Board. In the absence of such determination by the Board, such documents
shall be signed by the President and countersigned by the Secretary.
ARTICLE V
POWERS OF THE BOARD
5.1 General Powers of the Board. Without limiting the general powers which may
be provided by law, the Declaration or these By -Laws, the Board shall have the following
general powers and duties:
(a) to elect the officers of the Association as hereinabove provided;
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to administer the affairs of the Association and the Property;
(b) subject to Section 5.4(b) below, to engage the services of a manager or managing
agent who shall manage and operate the Property and the Townhome Common Area;
(c) to formulate policies for the Administration., management and operation of the
Property and the Townhome Common Area;
(d) to adopt administrative rules and regulations governing the administration,
management, operation and use of the Property and the Townhome Common Area, and to amend
such rules and regulations from time to time;
(e) to provide for the maintenance, repair and replacement of the Townhome
Common Area and the exterior portions of the Townhome Units and payments therefor, and to
approve payment vouchers or to delegate such approval to the officers or the manager or
managing agent;
(f) to provide for the designation, hiring and removal of employees and other
personnel, including accountants and legal counsel, and to engage or contract for the services of
others, and to make purchases for the maintenance, repair, replacement, administration,
management and operation of the Townhome Common Area and the exterior portions of the
Townhome Units and to delegate any such powers to the manager or managing agent (and any
such employees or other personnel as may be the employees of the managing agent);
(g) to estimate the amount of the annual budget, and to provide the manner of
assessing and collecting from the Townhome Unit Owners of such lots which have been
occupied for residential purposes, their respective shares of such estimated expenses, as
hereinafter provided; and
(h) to exercise all other powers and duties vested in or delegated to the
Association, and not specifically reserved to the Townhome Unit Owners by the Articles of
Incorporation, the Declaration or these By -Laws.
5.2 Capital Additions and Improvements. The Board's powers hereinabove
enumerated shall be limited in that the Board shall have no authority to acquire and pay for out
of the maintenance fund any structural alterations, capital additions or capital improvements to
the Townhome Common Area (other than for purposes of replacing or restoring portions of the
Townhome Common Area, subject to all the provisions of the Declaration) or to those portions
of the Townhome Units as set forth in Section 5.01 of the Declaration having a total cost in
excess of Ten Thousand Dollars ($10,000.00), without in each case the prior approval of the
owners holding two-thirds (2/3) of the total votes.
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5.3 Tax Relief. In connection with the Townhome Common Area, and to the extent
the Association may be the legal titleholder thereof, the Board shall have the power to seek relief
from or in connection with the assessment or levy of any real property taxes, special assessments
and any other special taxes or charges of the State of Illinois or any political subdivision thereof,
or any other lawful taxing or assessing body, which are authorized by law to be assessed and
levied on real property and to charge all expenses incurred in connection therewith to the
maintenance fund.
5.4 Rules and Regulations; Management.
(a) Rules. The Board may adopt such reasonable rules and regulations as it may
deem advisable for the maintenance, conservation and beautification of the Property, and
for the health, comfort, safety and general welfare of the Townhome Unit Owners and
Occupants. Written notice of such rules and regulations shall be given to all Townhome
Unit Owners and Occupants, and the entire Property shall at all times be maintained
subject to such rules and regulations.
(b) Management. Declarant or the Board may engage the initial management
organization and if a management organization is so engaged, its contract shall expire not
later than ninety (90) days after the date the initial meeting of Members is held.
Thereafter, the Board may engage the services of an agent to manage the Property to the
extent deemed advisable by the Board; provided however, that if the Association,
Declarant or Board shall enter into an agreement or agreements for the professional
management of the Property before the Transfer Date, such agreement or agreements
shall be terminable by the Association without cause at any time after the Transfer Date;
shall not require the payment of any penalty by the Association; and shall not require
advance notice of termination of more than ninety (90) days. Any management fees
incurred pursuant to this Section 5.4(b) shall be paid from the assessments collected
pursuant to Article 6 hereof.
(c) Nothing hereinabove contained shall be construed to give the Board authority to
conduct an active business for profit on behalf of all of the Townhome Unit Owners or
any of them.
5.5 Liability of the Board of Directors. The members of the Board and the officers
of the Association shall not be personally liable to the Townhome Unit Owners or others for any
mistake of judgment or for any acts or omissions made in good faith by such officers or Board
members. The Townhome Unit Owners shall indemnify and hold harmless each of the members
of the Board and each of the officers against all contractual liability to others arising out of
contracts made by the Board or officers on behalf of the Townhome Unit Owners, unless any
such contract shall have been made in bad faith or contrary to the provisions of the -Declaration.
The liability of any Townhome Unit Owner arising out of any such contract made by the Board
or officers or out of the aforesaid indemnity in favor of the members of the Board or officers, to
the extent not covered by insurance, shall be limited to his proportionate share of the total
liability thereunder.
ARTICLE VI
ASSESSMENTS - MAINTENANCE FUND
6.1 Preparation of Estimated Budget. Each year on or before December 1, the
Board will estimate the total amount necessary to pay the cost of wages, materials, taxes,
insurance, services and supplies which will be required during the ensuing calendar year for the
rendering of all services authorized by the Board, together with a reasonable amount considered
by the Board to be necessary for a reserve for contingencies and replacements, and shall, on or
before December 15, notify each Townhome Unit Owner in writing as to the amount of such
estimate ("Estimated Cash Requirement"), with reasonable itemization thereof. The Estimated
Cash Requirement shall be assessed equally among all of the Townhome Unit Owners other than
Declarant as provided in Article 6 of the Declaration. On or before January 1 of the ensuing
calendar year, and the first of each and every month of said year, each Townhome Unit Owner,
other than Declarant, shall be obligated to pay to the Board, or as it may direct, one -twelfth
(1/12) of the assessment made pursuant to this Section 6.1. On or before the date of the annual
meeting of each calendar year, the Board shall supply to all Townhome Unit Owners an itemized
accounting of the maintenance expenses for the preceding fiscal year actually incurred and paid,
together with a tabulation of the amounts collected from the Townhome Unit Owners pursuant to
assessments made during such year (including amounts collected from Declarant) and showing
the net amount over or short of the actual expenditures, plus reserves. The Board shall upon
demand at any time furnish a certificate in writing signed by an officer or agent of the
Association, setting forth whether the assessments on a specified Townhome Lot have been paid.
Such certificates shall be conclusive evidence of payment of any assessment therein.
6.2 Extraordinary Expenditures. The Board shall build up and maintain a
reasonable reserve fund for authorized capital expenditures, contingencies, replacements and
deficits in the Association's operating account ("Extraordinary Expenditures") not originally
included in the annual estimate. Extraordinary Expenditures which may become necessary
during the year shall be charged against such reserve fund. If such reserve fund proves
inadequate for any reason, including non-payment of any Townhome Unit Owner's assessment,
the Board may, at any time, levy a further assessment, which shall be divided pro rata among the
remaining installments for such fiscal year and assessed equally among the Townhome Unit
Owners. In the event, however, that the Board determines that there exists a surplus in the
reserve for Extraordinary Expenditures, the Board shall have the authority to transfer such funds
into the operating account to fund any deficit in said account. In the event the Board levies such
further assessment, the Board shall serve notice thereof on all such Townhome Unit Owners by a
statement in writing giving the amount and reasons therefor, and such further assessment shall
become effective with the monthly maintenance payment which is due more than ten (10) days
after the delivery or mailing of such notice of further assessment. All such Townhome Unit
Owners shall be obligated to pay the adjusted monthly amount. At the time of closing of the sale
of each Townhome Lot by Declarant, the Townhome Unit Owner shall pay (in addition to the
first monthly assessment) to the Association, or as otherwise directed by the Board, an amount
equal to two (2) times the first full monthly assessment for such Townhome Unit Owner, which
amount shall be used and applied for start-up costs and as a working capital fund in connection
with initial operating expenses for the Townhome Common Area and held for future working
capital needs.
6.3 Budget for First Year. When the first Board elected hereunder (or appointed by
Declarant) takes office, it shall determine the Estimated Cash Requirement, as hereinabove
defined, for the period commencing on the first day of the month following the conveyance of
the first Townhome Lot and ending on December 31 of the calendar year following said
conveyance. The initial Estimated Cash Requirement shall be diti ided among the remaining
monthly installments of such calendar year and assessed equally to all Townhome Unit Owners,
other than Declarant.
6.4 Failure to Prepare Annual Budget. The failure or delay of the Board to prepare
or serve the annual or adjusted estimate on a Townhome Unit Owner shall not constitute a
waiver or release in any manner of such Townhome Unit Owner's obligation to pay the
maintenance costs and necessary reserves, as herein provided, whenever the same shall be
determined, and, in the absence of any annual estimate or adjusted estimate, the Townhome Unit
Owner shall continue to pay the monthly maintenance charge at the then existing monthly rate
established for the previous period until the monthly maintenance payment which is due more
than ten (10) days after such new annual or adjusted estimate shall have been mailed or
delivered.
6.5 Books and Records. The Board shall keep full and correct books of account in
chronological order of the receipts and expenditures affecting the Property, specifying and
itemizing the maintenance and repair expenses of the Property and any other expenses incurred.
Such records and the vouchers authorizing the payments shall be available for inspection by any
Townhome Unit Owner or any representative of a Townhome Unit Owner duly authorized in
writing or any holder, insurer or guarantor of a first mortgage secured by any portion of the
Property at such reasonable time or times during normal business hours as may be requested by
such Townhome Unit Owner or his representative or such holder, insurer or guarantor. Upon not
less than ten (10) days' prior notice to the Board, any Townhome Unit Owner shall be furnished
a statement of his account, setting forth the amount of any unpaid assessment or other charges
due and owing from such Townhome Unit Owner. In addition, the Board shall provide for the
preceding fiscal year, upon the written request of any holder, insurer or guarantor of a first
mortgage secured by any portion of the Property, any annual audited or unaudited financial
statements which are prepared and distributed by the Association to the Townhome Unit Owners
at the end of each of its respective fiscal years, provided, however, that in the event an audited
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financial statement is not available, 51 % or more of the Eligible Mortgage Holders (by number)
shall upon request, be entitled to have such an audited statement prepared at their expense.
6.6 Status of Collected Funds. All funds collected hereunder shall be held and
expended for the purposes designated herein, and (except for such special assessments as may be
levied hereunder against less than all the Townhome Unit Owners and for such adjustments as
may be required to reflect delinquent or prepaid assessments) shall be deemed to be held in trust
for the benefit, use and account of all the Townhome Unit Owners, other than Declarant. All
funds not otherwise employed shall be deposited from time to time to the credit of the
Association in such banks, trust companies or other depositories as the Board may select.
6.7 Remedies for Failure to Pay Assessments. Any assessments which are not paid
when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due
date, (i) the assessment shall bear interest from the due date at an annual rate per annum equal to
the lesser of (a) eighteen percent (18%) and (b) the maximum rate then allowed by law, and (ii)
the Association may bring an action at law against the Townhome Unit Owner personally
obligated to pay the same, or foreclose the lien against said Owner's Townhome Lot, and
interest, costs and reasonable attorney's fees of any such action shall be added to the amount of
such assessment. The amount of any delinquent and unpaid charges or assessments, and interest,
costs and fees as above provided, shall be and become a lien or charge against the Townhome
Lot of the Townhome Unit Owner involved when payable and may be foreclosed by an action
brought in the name of the Board as in the case of foreclosure of liens against the real estate.
Unless otherwise provided in the Declaration, the members of the Board and their successors in
office, acting on behalf of the other Townhome Unit Owners, shall have the power to bid in the
interest so foreclosed at foreclosure sale, and to acquire and hold, lease, mortgage and convey the
same. The lien of the assessments provided for herein shall be subordinate to the lien of any first
or prior recorded mortgage now or hereafter placed on the Townhome Lots provided, however,
that such prior recorded mortgage shall be subject to the lien of all unpaid assessments with
respect to such Townhome Lot which became due and payable subsequent to the first to occur of
the date the holder of said mortgage (1) takes possession of the Townhome Lot, (2) accepts a
conveyance of any interest in the Townhome Lot and (3) has a receiver appointed in a suit to
foreclose his lien.
6.8 Exempt Townhome Lots. With regard to any Townhome Lots which are vacant
or upon which Townhome Units are being constructed or have been completed and to which title
has not been conveyed by Declarant (the "Declarant Owned Lots"), the total aggregate
assessment due with respect to all Declarant Owned Lots shall be limited to the amount (the
"Shortfall") by which (a) the aggregate amount of actual operating expenses from time to time
required to be paid with respect to the Property exceeds (b) the amounts required to be paid by
the Townhome Unit Owners other than Declarant for said actual operating expenses. For
purposes of the foregoing calculation, in the event Declarant enters into a lease or installment
contract for any Townhome Lot, then Declarant shall, as of the first day of occupancy under such
lease or contract, be responsible for the payment of assessments on those Townhome Lots on the
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same basis as any other Townhome Unit Owner as provided in Section 6.1 hereof and,
consequently, said Lot shall no longer be deemed to be a Declarant Owned Lot hereunder.
Actual operating expenses shall mean those ordinary expenses attributable only to the period in
question covering the maintenance and operation of the Property and shall not include capital
expenditures, amounts set aside as a reserve for contingencies or replacements, prepaid items or
inventory items to the extent attributable to subsequent periods. The foregoing amounts owed by
Declarant for the Declarant Owned Lots may be paid by Declarant on a monthly basis or, at its
option, paid to the Association at the close of each calendar year without interest. It is expressly
understood and agreed that in no event shall Declarant's total obligation under this Section 6.8
with respect to Declarant Owned Lots ever exceed the amount of assessment due from each of
the Townhouse Unit Owners other than Declarant multiplied by the number of Declarant Owned
Lots from time to time.
ARTICLE VII
COVENANTS AND RESTRICTIONS AS TO USE AND OCCUPANCY
All Townhome Unit Owners shall maintain, occupy and use their Townhome Units and
the Townhome Common Area only in accordance with the terms of the Declaration and any
additional rules and regulations adopted by the Board or by the Members.
The Board shall have full authority to enforce all such rules and regulations by taking all
action as may be necessary.
ARTICLE VIII
COMMITTEES
8.1 Board Committees. The Board, by resolution adopted by a majority of the
directors in office, may designate one (1) or more committees, each of which shall consist of one
(1) or more directors; said committees, to the extent consistent with law and as provided in said
resolution, shall have and exercise the authority of the Board in the management of the
Association; but the designation of such committees and the delegation of authority to such
committee shall not operate to relieve the Board, or any individual director, of any responsibility
imposed upon it or him by law.
8.2 Special Committees. Other committees not having and exercising the authority
of the Board in the management of the Association may be designated by a resolution adopted by
a majority of the directors present at a meeting at which a quorum is present. Except as
otherwise provided in such resolution, members of each such committee shall be Members, and
the President of the Association shall appoint the members thereof. Any member thereof may be
11
removed whenever in the Board's judgment the best interests of the Association shall be served
by such removal.
8.3 Term. Each member of the committee shall continue as such until the next
annual meeting of the Board and until his successor is appointed and shall have qualified, unless
the committee shall be sooner terminated, or unless such member shall cease to qualify as a
member thereof.
8.4 Chairman. One (1) member of each committee shall be appointed chairman.
8.5 Vacancies. Vacancies in the membership of any committee may be filled by
appointment made in the same manner as provided in the case of the original appointments.
8.6 Ouorum. Unless otherwise provided in the resolution of the Board designating a
committee, a majority of the whole committee shall constitute a quorum and the act of a majority
of the members present at a meeting at which a quorum is present shall be the act of the
committee.
8.7 Rules. Each committee may adopt rules for its own government not inconsistent
with these By -Laws or with rules adopted by the Board.
ARTICLE IX
INTERIM PROCEDURE
Until the initial meeting of the Members, Declarant (or its designee) may appoint the
Board which shall have the same powers and authority as given to the Board generally.
ARTICLE X
AMENDMENTS
These By-laws may be amended or modified from time to time in accordance with the
provisions of Section 11.3 of the Declaration. Such amendments shall be recorded in the Office
of the Recorder of Deeds of Lake County, Illinois.
ARTICLE XI
DEFINITION OF TERMS
12
The terms used in these By -Laws shall have the same definition as set forth in the
Declaration to which these By -Laws are attached to the extent such terms are defined therein.
To the extent of any conflict, ambiguity or contradiction between the terms and provisions
contained in these By -Laws and those contained in the Declaration, those contained in the
Declaration shall, in all instances, control and prevail.
13
DEVELOPMENT AGREEMENT
TAYLOR JUNCTION TOWNHOMES
THIS DEVELOPMENT AGREEMENT is dated this f day of
2015, by and between the Village of Deerfield, a home rule Illinois municipal corporation
("Village"), and Jacobs Venture II, LLC, a Delaware Limited Liability Company ("Developer")
RECITALS:
A. Developer is the owner and developer of that certain approximately 0.9-acre
parcel of property described on Exhibit A attached hereto and made a part hereof (the "Subject
Property")
B. Developer proposes to develop the Subject Property with a 9-unit townhome
development in accordance with the Final Development Plan approved for the Subject Property
(the "Project")
C. Developer has petitioned the Village's Plan Commission and Board of Trustees
(the "Corporate Authorities") for approval of (i) an amendment to the Village Comprehensive
Plan to designate the Subject Property for townhome development; (ii) rezoning the entire
Subject Property to the R-5 General Residence District; (iii) a zoning text amendment to allow a
Residential PUD of less than one (1) acre in size; and (iv) approval of a Final Development Plan
as defined in Section 12.09-F of the Village Zoning Ordinance, including certain exceptions and
modifications from the Village Zoning Ordinance to allow development of the Project in
accordance with the Final Development Plan.
D. Developer has submitted certain plans, schedules, specifications and other
documents comprising the Final Development Plan (as defined in the Village Zoning Ordinance)
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for the Project, said documents being listed on Exhibit B attached hereto. The Final
Development Plan has been submitted to, reviewed by, and recommended for approval by the
Plan Commission.
E. The Corporate Authorities have reviewed the Final Development Plan and have
adopted or will adopt or otherwise approve all necessary ordinances, motions, and approvals: (i)
amending the Village's Comprehensive Plan to designate the Subject property for townhome
development; (ii) rezoning the Subject Property to the R-5 General Residence District; (iii)
amending the Zoning Ordinance to allow a Residential PUD of less than one (1) acre; (iv)
authorizing the Project as a Special Use Residential PUD; and (v) approving the Developer's
Final Development Plan for the Project.
F. The Village has heretofore adopted the "Deerfield Development Code"
("Development Code"). Among other things, the Development Code calls for the Village and
the Developer to enter into a "Development Agreement" relative to the development of the
Subject Property.
G. In accordance with Article III of the Development Code, this Agreement has been
reviewed by the Director of Community Development, the Village Engineer, and the Village
Plan Commission.
H. The parties now desire to enter into this Development Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the Development
Code.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO, as follows:
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r
1. Incorporation of Recitals. The recitals set forth above are incorporated herein as
if fully set forth.
2. Identification of Development/Improvement Plan.
A. For purposes of this Agreement, the "Final Development Plan" shall
consist of the documents listed on Exhibit B hereto, which documents have been approved by the
Corporate Authorities pursuant to the Development Code and which are hereby incorporated and
made a part of the Agreement by this reference.
B. In accordance with Section 3-101-B of the Development Code, the
Developer has provided the Village Engineer and the Director of Community Development with
copies of its Improvement Plan as part of its Final Development Plan. The term "Improvement
Plan" when used herein shall include only those documents and/or plans, or those specific parts
of such documents and/or plans, listed in Exhibit B that depict public or private improvements as
they are defined in the Development Code, or specifically identified hereafter. Said final
engineering plans are identified as part of Exhibit B.
3. Site Development Schedule. In accordance with Section 3-102-B(4)(a) of the
Development Code, Developer will cause the Subject Property to be developed in an orderly
fashion and substantially in accordance with the schedule attached hereto as Exhibit C and made
a part hereof. The parties recognize and acknowledge that this development schedule is subject
to variables relating to weather, strikes, work stoppages, acts of God and other matters outside of
the reasonable control of the Developer, its contractors and subcontractors.
4. Development/Improvement Details. Pursuant to Section 3-102-B(4)(b) of the
Development Code, all proposed improvements are depicted and detailed on the Improvement
Plan.
-3-
5. Performance Guarantee. Except as provided in the following subparagraphs,
Developer shall submit a performance guarantee as required by Article IV of the Development
Code.
A. In accordance with Article IV and Section 3-102-B(4)(c) of the
Development Code, Developer shall provide to Village, in a form satisfactory to the
Village, an irrevocable commercial letter of credit equal to one hundred ten percent
(110%) of the total cost estimate for the following public and private improvements: site
preparation, utilities, drainage, parking lot and landscaping, and any other public or
private improvements specified in the Improvement Plan (collectively, the "Guaranteed
Improvements").
B. In lieu of providing the letter of credit required pursuant to subparagraph
5.A prior to the time of adoption of the Final Development Plan authorizing the
Residential Planned Unit Development for the Subject Property as required by the
Development Code, Developer may elect to provide the Village with the unconditional
commitment of a commercial bank or financial institution authorized to do business in
Illinois to provide the required letter of credit within one (1) year from the time of
adoption of the Final Development Plan. In no event, however, shall Developer be
entitled to the issuance of any permit for work on the Subject Property, nor shall
Developer commence any site development or utility work on or adjacent to the Subject
Property, until the required letter of credit has been deposited with the Village in
replacement of such alternate performance guarantee.
C. At the time that Developer completes the Guaranteed Improvement(s) in
accordance with the Improvement Plan and makes payments for such Guaranteed
M
Improvement(s), and as a prerequisite to any partial reduction of the performance
guarantee, Developer shall provide Village with documentation: (i) identifying the
specific Guaranteed Improvements completed by Developer, (ii) the estimated cost for
such Guaranteed Improvements, (iii) certificates from the Inspecting Engineer (defined
below) that such Guaranteed Improvements have been fully and satisfactorily completed,
(iv) all appropriate contractor and/or subcontractor lien waivers for the work performed
and materials supplied for the specific Guaranteed Improvements, and (v) such other and
further invoices, bills, contracts or documentation as the Village shall reasonably request
to evidence completion of the Guaranteed Improvements in accordance with the
Improvement Plan. Except as expressly modified herein, all reductions and the final
discharge of the letter of credit shall be in accordance with Sections 4-107 and 4-109 of
the Development Code.
6. Approved Conditions, Requirements and Variations. The Developer
expressly agrees, understands and acknowledges that the Village and its officials shall be under
no obligation to issue building or occupancy permits for the PUD if the Developer has not
furnished and kept current the Performance Guarantee required by the provisions of Paragraph 5,
and otherwise complies with this Agreement, with the Final Development Plan for the Project,
and with any and all applicable ordinances, laws, regulations and rules of the Village and any
other governmental body that has jurisdiction over the Project..
The following variations from the strict provisions of the Development Code of the
Village of Deerfield are granted: NONE.
7. Compliance with Other Rules and Regulations. Except as expressly provided
herein, the Developer shall comply with any and all applicable ordinances, laws, regulations and
-5-
rules of the Village and any other governmental body that has jurisdiction over the Project. The
development of the Subject Property shall proceed in accordance with the ordinances described
hereinabove and with applicable provisions of the Deerfield Municipal Code. No construction
work shall be performed relating to the development of the Subject Property and no dwelling
unit in the PUD shall be occupied unless and until all required permits are obtained from the
governmental bodies having jurisdiction. During construction, the Developer shall take such
measures to provide for erosion control and soil conservation as required by the Deerfield
Watershed Development Ordinance, as amended.
8. Inspecting. Engineer. Pursuant to Section 4-106 of the Development Code, the
Village Engineer, or any reputable registered professional engineering firm designated by the
Village Engineer, shall be the "Inspecting Engineer" authorized to ensure that the development
complies with the approved Improvement Plan, the Village Standards and Specifications Manual
and this Agreement. Developer is responsible for payment of engineering review fees. To the
extent that the Village Engineer designates a professional engineering firm to serve as the
Inspecting Engineer, such Inspecting Engineer shall invoice the Village for engineering services
rendered and the Developer shall promptly reimburse the Village for such engineering fees and
costs.
10. Remedies. Upon breach of this Agreement, any party in a court of competent
jurisdiction may obtain all appropriate relief, including, but not limited to, specific performance,
injunction or damages. Notwithstanding the foregoing, before the failure of any party to perform
its obligation under this Agreement may be considered a breach, the party claiming such failure
shall notify, in writing, the party alleged to have failed to perform, and shall demand
performance. No breach may be found to have occurred if performance has commenced to the
W
reasonable satisfaction of the complaining party within thirty (30) days of receipt of such notice
and if the failing party pursues diligently the curing of such failure.
11. Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage
prepaid, or delivered personally to the parties at the following addresses, or to such other
addresses as the parties by notice shall designate:
-7-
If to the Village: Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
ATTN: Kent S. Street
Copy to: Peter D. Coblentz
Rosenthal, Murphey & Coblentz
30 North LaSalle St., Suite 1624
Chicago, Illinois 60602
If to Developer: Jacobs Venture II, LLC
Copy to: Calvin A. Bernstein, Esq.
Samuels & Bernstein
491 Laurel Ave.
Highland Park, IL 60035
12. Successors and Assigns. This Agreement shall be binding upon the parties, their
respective successors and assigns.
13. Authority. The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
14. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the
parties and are not to be construed as an integral part of the Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois law.
(c) Severabilit . If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of such other
provisions, covenants or portions of this Agreement.
(d) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties. The
exhibits to this Agreement are expressly incorporated herein.
(e) Counterparts and Duplicate Original. This Agreement may be executed in
any number of counterparts and duplicate originals, each of which shall be deemed an original,
but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date
and year first written above.
VILLAGE OF DEERFIELD
an Illinois municipal corporation
By:,t
Name: Harriet Aosenthal, President
ATTEST:
Vil age Clerk
DEVELOPER:
JACOBS VENTURE, LLC,
By: Jacobs Taylor Junction, LLC,
a Delaware Limited Liability Company
Its Manage
By:
Sam . ith B. Jacobs
Its: Member
In
SCHEDULE OF EXHIBITS
Exhibit A Legal Description of Subject Property
Exhibit B Schedule of Documents Comprising Final Development Plan
Exhibit C Site Development Schedule
Exhibit A
Lep.al Description of the Subject PropertN
Exhibit B
Documents Comprising Final Development Plan
Exhibit C
Site Development Schedule
IMPACT FEE AGREEMENT / TAYLOR JUNCTION RESIDENTIAL PUD
THIS AGREEMENT entered into this � day of JRV6 2015, between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation ("Deerfield") and JACOBS
VENTURE II, LLC, a Delaware Limited Liability Company ("Developer").
WITNESSETH
WHEREAS, Developer is the owner and developer of a certain parcel of property
approximately 0.9 acres in size located at 824 and 836 Chestnut Street, Deerfield, Illinois, and
which is legally described on Exhibit A attached hereto (the "Subject Property"); and
WHEREAS, pursuant to relevant provisions of the Village Zoning Ordinance, Developer
has made application to Deerfield for certain approvals, including: (i) approving a zoning map
amendment rezoning a portion of the Subject Property from R-4 Single -Family and Two -Family
Residence District to R-5 General Residence District; (ii) approving a Residential Planned Unit
Development (PUD) to permit a 9-unit townhome development of the Subject Property; and (iii)
approving a zoning text amendment to allow a Residential PUD of less than one (1) acre in size;
and
WHEREAS, Deerfield has previously adopted Ordinance No. 0-93-48 (the "Ordinance")
pursuant to its powers as a home rule unit recognizing the burden placed on various
governmental units resulting from additional residential development within Deerfield; and
WHEREAS, the Ordinance establishes certain standards for dedication of land or
payment of fees in lieu thereof in recognition of the increased burden upon the various
governmental units in Deerfield resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned
properties within Deerfield as a basis for calculating impact fees in the manner required by the
Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good valuable consideration, it is agreed by and between Deerfield and Developer as
follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated
herein as part of this Agreement.
2. Deerfield has conducted a review of the specific residential development proposal
presented by Developer and considered the standards in the Ordinance for requiring cash
contributions in lieu of land dedications to ensure that the new development satisfies Ordinance
requirements for an appropriate impact fee contributions.
3. As a result of the foregoing, Developer agrees to pay: (a) an impact fee of
$8,873.72 as a contribution in lieu of dedication of a school site for the benefit of the Deerfield
School District No.109; and (b) an impact fee of $3,421.25 as a contribution in lieu of dedication
of a school site for the benefit of the Deerfield Township High School District No. 113.
-1-
4. Developer further agrees to pay an impact fee of $50,780.63 as a contribution in
lieu of dedication of land for park and recreational for the benefit of the Deerfield Park District.
5
5. Developer further agrees to pay an impact fee of $13,846.18 to the Village of
Deerfield as a contribution in lieu of dedication of land for village and library site use.
6. Developer further agrees to pay an impact fee of $101.56 as a contribution in lieu
of dedication of land for fire protection facilities to the Deerfield -Bannockburn Fire Protection
District.
7. The fees set forth in Paragraphs 3-6 above shall be payable on a pro rata basis
upon Deerfield's issuance to Developer of building permits for each townhome unit in the
Development. To illustrate, the total of the impact fees to be paid by Developer is $77,023.34,
and Developer will pay one -ninth of that amount ($8,558.15) for each townhome unit upon the
issuance of building permit for that townhome unit.
8. Developer agrees that all payments hereunder shall be payable to Deerfield and
shall be deposited with the Village Finance Director who shall be solely responsible for
disbursement of the funds to the governmental units benefited by the Ordinance.
9. Deerfield acknowledges and agrees that compliance by Developer with the terms
of this Agreement constitutes full compliance with the Ordinance, and Deerfield agrees that
Developer shall not be required to make any further or other payments of cash or dedications of
land which are not set forth in this Agreement to satisfy the Ordinance.
10. Developer waives and releases any and all claims to contest the provisions of the
Ordinance or the payments and conveyances set forth herein. Further, Developer waives and
releases any and all rights to contest the time, manner and purposes of the expenditure of any
fees paid hereunder, and specifically waives any right under Section Eight of the Ordinance for
any refund of fees not expended within ten (10) years.
11. Developer and Deerfield agree that the execution and delivery of this Agreement
by the parties hereto shall be an express condition to the approval of a final plat of subdivision
for the proposed residential development of the Subject Property. It is acknowledged by
Developer that any failure on its part to fully perform all aspects of this Agreement as and when
required shall entitle Deerfield to cease to issue building permits for further construction and to
issue certificates of occupancy for completed residential units.
12. Deerfield and Developer agree that this Agreement shall be binding upon and
shall benefit the successors, transferees, legal representatives, grantees and assigns of the parties
hereto.
13. This Agreement may only be modified by an instrument in writing executed by all
parties hereto. Execution of this Agreement by Deerfield has been duly authorized and the
appropriate action has been taken by the corporate authorities of Deerfield to direct its execution
on behalf of Deerfield.
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IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first above written.
VILLAGE OF DEERFIELD
By tiu tZ _ Dated: gilt.— 15 , 2015
Village President
ATTEST:
Village Cl rk
DEVELOPER:
JACOBS VENTURE II, LLC,
By: Jacobs Taylor Junction, LLC,
a Delaware Limited Lia ility Company
Its manager
By:
Name: Keith . Jac s
Its: Member
-3-
Dated: 1 — , 2015
EXHIBIT A
0
B KL 600 Central Avenue I Suite 325 1 Port Clinton Square I Highland Park, IL 60035
(847) 433-66771 fax (847) 433-6735 1 wvwv.baizlaw.com
BAIZER KOLAR & LEWIS, P.C:, JOSEPH E. KOLAR
joe®baiziaw.com
October 20, 2015
Via US Mail
Barbara K. Little, P.E.
Director of Public Works and Engineering
Village of Deerfield
465 Elm Street
Deerfield, IL 60015
Dear Ms. Little:
Enclosed is a duplicate original Intergovernmental Agreement between the Village
of Deerfield and Union Drainage District No. 1 relating to the Bannockburn reservoir.
Please call me if you have any questions.
Very truly yours,
BAIZER KOLAR & LEWIS, P.C.
Jos-gph E. Kolar
J EK/cep
enc.
cc: UDD (via email)
F:ICLIENTSW D DTLEADVenew-reserv-agree.wpd
AGREEMENT TO RENEW
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made as of this f day of
2015, by and between the VILLAGE OF DEERFIELD, a municipal corporation of the
State of Illinois ("Village") and the UNION DRAINAGE DISTRICT NO. 1 OF THE WEST
FORK OF THE NORTH BRANCH OF THE CHICAGO RIVER OF THE TOWNSHIPS OF
WEST DEERFIELD, LAKE COUNTY AND NORTHFIELD, COOK COUNTY, ILLINOIS
("District")
WHEREAS, on April 14, 1993, the Village and District entered into a certain
agreement titled: "Intergovernmental Agreement Between The Village of Deerfield and
Union Drainage District No. 1" (hereinafter referred to as the "Intergovernmental
Agreement"). A true and accurate copy of the Intergovernmental Agreement is attached
hereto as exhibit A and incorporated herein.
WHEREAS, the Intergovernmental Agreement generally relates to maintenance
performed at the Duffy Lane Stormwater Retention Basin by the Village on behalf of the
District.
years.
WHEREAS, the Intergovernmental Agreement was for an initial period of five
WHEREAS, the Intergovernmental Agreement provides that the Village and
District may renew the agreement for terms not to exceed five years.
Page 1 of 3
WHEREAS, the Intergovernmental Agreement was from time to time renewed and
has currently expired.
WHEREAS, the Village and District desire to renew the Intergovernmental
Agreement for a five-year period upon the terms and conditions set forth in the
Intergovernmental Agreement.
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration, the receipt and sufficiency of which is hereby expressly
acknowledged, the Village and District hereby agree as follows:
A. The Intergovernmental Agreement is renewed for a five-year period from
the date of this renewal agreement.
B. Section 10 of the Intergovernmental Agreement is amended to provide
notice to the District at the following address:
Chairman
Union Drainage District No. 1
601 Deerfield Road
Deerfield, IL 60015
C. Except as noted in paragraph B above, the Village and District agree to be
bound by the terms and conditions of the Intergovernmental Agreement as if such terms
and conditions were set forth herein.
Page 2 of 3
,IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first written above.
ATTEST:
ATTEST:
UNION DRAINAGE DISTRICT NO. 1
Commissioner
By:
Commissioner
VILLAGE OF DEERFIELD
By:
Its:
Page 3 of 3
r
h:\wp\courtney\pleading\ud.3
4-14-93-JEK-#1
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE
OF DEERFIELD AND UNION DRAINAGE DISTRICT NO. 1
THIS AGREEMENT made as of this 14th day of April, 1993, by and
between the VILLAGE OF DEERFIELD, a municipal corporation of the
State of Illinois (hereinafter referred to as the "Village") and.
the UNION DRAINAGE DISTRICT NO.1 OF THE WEST FORK OF THE NORTH
BRANCH OF THE CHICAGO RIVER OF THE TOWNSHIP OF WEST DEERFIELD, LAKE
COUNTY, AND NORTHFIELD, COOK COUNTY, ILLINOIS (hereinafter referred
to as the "Drainage District").
W I T N E S S E T H:
WHEREAS, the Village is a municipal corporation, a home rule
unit of government pursuant to the Illinois Constitution of 1970
and is organized and existing under the laws of the State of
Illinois; and
WHEREAS, the Drainage District is a local public entity
organized and existing under the laws of the State of Illinois,
Illinois Revised Statutes, Chapter 42, Section 1-1, et se . (the
"Drainage Code"); and
WHEREAS, Article VII, Section 10, of the Constitution of
Illinois of 1970 provides that units of local government may
contract or otherwise associate among themselves; and
WHEREAS, Section 4-27(i) of the Drainage.Code provides that
Drainage Districts may enter into agreements with municipal
corporations for the operation and maintenance of drainage
improvements; and
EXHIBIT
1 A
a
WHEREAS, the Drainage District executed an intergovernmental
agreement ("Forest Preserve Agreement") on October 16, 1987 with
the Lake County Forest Preserve District ("Forest Preserve")
whereby the Drainage District assumed exclusive responsibility for
the maintenance, operation and control of the Duffy Lane Stormwater
Retention Basin ("Structure 27"), the legal description of which is
attached hereto as Exhibit "A"; and
WHEREAS, the Drainage District desires to enter into this
intergovernmental agreement with the Village to allow.the Village
to enter Structure 27 from time to time in order to perform certain
maintenance and operational duties hereinafter described; and,
WHEREAS, the Village desires to assist the Drainage District
and perform certain maintenance and operational duties at Structure
27 as hereinafter described;
NOW, THEREFORE, in consideration of, the foregoing and other
good and valuable consideration, the receipt and sufficiency of
which is hereby expressly acknowledged, it is hereby agreed as
follows:
Section 1. Work to be Performed. The Village and Drainage
District, or their authorized agents or employees, shall in
accordance with good and customary operating practices and in
compliance with all regulations and requirements of the State of
Illinois, the United States Government, and all terms and
conditions of the Forest Preserve Agreement, perform the following
services:
2
(a) The Village shall maintain and operate the reservoir
spillway and diversion structure of Structure 27.
(b) The Village shall maintain and operate the pump house and
pump house equipment which regulates stormwater discharge at.
Structure 27.
(c) The Drainage District shall at its cost install, or
caused to be installed, water level gauges in the basin of
Structure 27 in order to record the high water elevation resulting
from all storms. These gauges shall be of a type that are legible
during storms or after a storm has subsided. However, prior to
installation at Structure 27, all such water level.gauges shall be
approved by the Director of Engineering and Public Works of the
Village, which approval shall not be unreasonably withheld.
(d) The Drainage District, as more fully set forth in the
Forest Preserve Agreement, shall perform, or caused to be
performed, all other obligations pertaining to the operation and
maintenance of Structure 27 and appurtenances.
Section 2. Payment for Services and Records.
(a) The Drainage District shall compensate the Village for
its reasonable actual costs of manpower and materials required by
the Village to perform its duties pursuant to Section 1 of this
Agreement. The Drainage District shall make such payments to the
Village on a monthly basis after receipt by the Drainage District
of an invoice describing the services rendered and materials
utilized by the Village or its agents. A five percent penalty will
3
be added to all payments not received within 60 days of billing,
and an additional five percent monthly penalty imposed thereafter.
(b) Permanent books and records shall be kept by the Village
concerning services rendered and materials purchased as required by
the Village to perform its duties pursuant to Section 1 of this
Agreement. In addition, the Drainage District shall keep complete
books and records of all payments made to the Village pursuant.to.
this Agreement. The records required by this paragraph shall be
available for examination by either party at a reasonable time and
with reasonable advance notice.
Section 3. Erplovee Status. Persons employed by the Village
in performance of the services and functions required pursuant to
this Agreement shall have no claim to pension, civil service,
fringe benefits or other employee rights granted by the Drainage
District or Forest Preserve to their officers and employees. In
addition, persons employed by the Village shall in no event be
deemed agents, employees or servants of the Drainage District, and
the Drainage District shall have no right to supervise or otherwise
direct the work of these persons employed by the Village.
Section 4. Insurance and Liability for Damages.
(a) The Drainage District shall secure and maintain with
responsible insurers, at its own expense, public liability and
property damage insurance policies with limits of not less than
$2,000,000.00. The limits of such insurance policies may be
adjusted in the future by agreement of the parties. The Drainage
District shall name the Village and Forest Preserve as additional
4
insureds to the Drainage District's policy to provide insurance
coverage to the Village and Forest Preserve for liability resulting
from acts or omissions by the Drainage District. It is understood
by the Village and the Forest Preserve that this additional insured
status does not provide coverage to the Village or Forest Preserve
for liability resulting from acts or omissions by employees or
agents of the Village or Forest Preserve. The Village shall not be
required to undertake its responsibilities pursuant to this
Agreement until the Drainage District has furnished to the Village
certificates of such insurance or other suitable evidence that such
insurance coverage has been procured and is in full force and
effect. The Drainage District shall furnish evidence of renewal of
insurance coverage not less than 10 days prior to the expiration
date of any policy required hereunder.
(b) The Drainage District covenants and agrees to pay all
damages for injuries to persons, real or personal property growing
out of any negligent act or negligent omission to act of the
Drainage District or its employee in the performance of work under
this Agreement, and to indemnify, save and keep the Village
harmless against all damages, costs and expenses which may in
anyway come against the Village on account of any injuries to
persons, real or personal property caused by any negligent act or
negligent omission to act of the Drainage District or its employees
in performance of the work under this Agreement; provided, however,
nothing contained in this subsection of this Agreement is intended
to nor shall be construed as relieving the Village from the
5
obligation of otherwise fully performing under this Agreement and
taking such precautions as reasonably may be necessary to avoid and
to prevent damage to persons, real or personal property.
Section 5. Effective Date and Term of Agreement. This
Agreement shall be in full force and effect and binding upon the
Village and Drainage District as of the date and year first written
above and shall run for a period ending five years from said date,
and at the option of the Village and the Drainage District shall be
renewable thereafter for successive periods of not to exceed five
years each.
This Agreement shall be terminated if the Village or Drainage
District shall cease to operate as a municipal corporation and
local public entity respectively, or the Forest Preserve or other
entity resumes maintenance and operation of Structure 27.
Section 6. Assi nment and Amendment.
(a) This Agreement and the rights and obligations of the
Village and Drainage District hereunder shall not be assignable by
either party without the prior written consent of the other party.
Any assignment without the prior written consent of the other party
to this Agreement shall be null and void and confer no rights or
responsibilities on the other party to the assignment.
(b) This Agreement may be amended from time to time by a
written document executed by the Village and Drainage District.
Section 7. Propert Dis osal. In the event of termination of
this Agreement for any cause, all property purchased under this
Agreement by the Village and for which the Drainage District has
M
reimbursed the Village shall remain in the possession and ownership
of the Drainage District, unless other arrangements are made
between the Village and Drainage District for disposition of such
property.
Section 8. Default. In the event of a failure by the Village
or Drainage District to perform any obligation required under this.
Agreement and such default shall continue for more than 30 days
after written notice of such default shall have been given by the
Village or Drainage District to the defaulting party, then the non -
defaulting party shall have the option to cancel this Agreement
upon 60 days additional written notice to the other party.
Section-9- Waiver and-Severabilittr.
(a) No waiver by either party of any term or condition of
this Agreement shall be deemed or construed as a waiver of any
other term or condition, nor shall a waiver of any breach be deemed
to constitute a waiver -of any subsequent breach whether of the same
or a different provision of this Agreement.
(b) If any provision of this Agreement or the application
thereof to any person or circumstance shall to any extent be
declared invalid or unenforceable, the remainder of this Agreement
or the application of such provision to persons or circumstances
other than those as to which it is declared invalid or
unenforceable shall not be effected thereby and each provision of
this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
7
Section 10. Notice. Whenever in this Agreement notice is
required to be given, the same shall be given by registered or
certified mail addressed to the respective parties at the following
addresses:
Drainage District Village
Chairman Village Manager
Union Drainage'District No. 1 Village of Deerfield
747 Central Avenue 850 Waukegan Road
Deerfield, IL 60015 Deerfield, IL 60015
unless a different address shall be hereafter designated in writing
by either of the parties. The day of giving such notice shall be
deemed to be the date of mailing thereof. Billings for and
payments of services may be made by regular mail.
Section 11. Law Governin This Agreement shall be governed
and construed under the Laws of the State of Illinois.
Section 12. Execution of Documents. This Agreement may be
executed in counterparts, all of which shall be regarded for all
purposes as one original. Each party agrees that it will execute
all instruments, documents and resolutions or ordinances necessary
to give effect to the terms of this Agreement.
Section 13. EntiretGr. This Agreement merges and supersedes
all prior negotiations, representations and agreements between the
parties hereto relating to the subject matter hereof and
constitutes the entire agreement between the parties.
K.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
UNION D 4NAGE DISTRICT NO. 1
By:
&mmissi ner
By:
ATTEST: Commissioner
CojMDlnissionef
ATTEST: VILLAGE OF DEERFIELD
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Village Clerk —;gMagy�or��� %
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