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O-18-28VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Image# 061714950011 Type: ORD Recorded: 01/07,2022 at 12:29:52 PM Receipt#: 2022-00001742 Page 1 of 11 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7859792 The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0-18-28 Granting a Modification from Section 9.01-13.2 of the "Deerfield Zoning Ordinance 1978", as Amended, and a Certificate of Appearance Review Approval for a Roof Sign Dated this December 1.2021 LAAJ I. L DANIEL VAN DUSEN T Deputy Village Clerk Prepared by and after recording return to Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 JQ' 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD ORDINANCE NO. 0-18-28 AN ORDINANCE GRANTING A MODIFICATION FROM SECTION 9A1-B.2 OF THE `tDEERFIELD ZONING ORDINANCE 1978", AS AMENDED, AND A CERTIFICATE OF APPEARANCE REVIE6'VAPPROVAL FOR A RUCF SIGN (710 Deerfield Road) WHEREAS, Chitown-Waukegan & Deerfield LLC ("Owner") is the record title owner of the property commonly known as 710 Deerfield Road, Deerfield, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property'); and WHEREAS, the Property is located in the C-1 Village Center District of the Village ("Cl District'); and WHEREAS, the Property is improved with a retail building (`Building'); and WHEREAS, Damen 4 Management, LLC, d/b/a Aligned Modern Health ('Applicant') is the tenant of the Property; and WHEREAS, Section 9.01-B.2 of the "Deerfield Zoning Ordinance 1978," as amended (",Zoning Code'), prohibits signs on the roof of any building or structure; and WHEREAS, signs installed on gables constitute roof signs under the Zoning Code and, therefore, are prohibited in the Village pursuant to Section 9.02-B.2 of the Zoning Code; and WHEREAS, the Applicant desires to install a sign on the gable of the Building ("Proposed Sign'); and WHEREAS, in order to permit the installation of the Proposed Sign on the Building, the Applicant has filed an application for a modification from Section 9,02-B.2 of the Zoning Code ("Requested Modification"); and WHEREAS, a public hearing of the Board of Zoning Appeals of the Village of Deerfield ("BZA') to consider the approval of the Requested Modification was duly advertised in the Deerfield Review on May 31, 2018, and held on June 19, 2018; and WHEREAS, on June 18, 2018, the BZA voted to recommend denial of the Requested Modification, in accordance with Section 13.08-F of the Zoning Code; and WHEREAS, pursuant to Section 2.158(a)(8) of the "The Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'), the Proposed Sign requires a certificate of approval from the Appearance Review Commission of the Village ("ARC'); and WHEREAS, the ARC held meetings to consider the issuance of a certificate of approval for the Proposed Sign on May 21, 2018 and July 9, 2018; and WHEREAS, on July 9, 2018, the ARC voted to deny the issuance of the certificate of approval, in accordance with Section 2.185(a)(8) of the Village Code (ARC Decision'); and WHEREAS, the Applicant requested an appeal of the ARC Decision before the Village Board; and WHEREAS, the Village Board has determined that the Requested Modification meets the required standards for modification set forth in Section 13.08 of the Zoning Code; and WHEREAS, the Village Board has considered the ARC Decision and has determined that the. Proposed Sign meets the required appearance review criteria, in accordance with Section 2-185(a)(8) of the Village Code; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village to grant the Requested Modification and a certificate of appearance review approval for the Proposed Sign, subject to the conditions, restrictions, and provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. SECTION TWO: GRANT OF REQUESTED MODIFICATION. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Ordinance, and pursuant to Section 13.08 of the Zoning Code and the home rule powers of the Village, the Village Board hereby grants the Requested Modification from Section 9.01- B.2 of the Zoning Code to permit the installation of the Proposed Sign. SECTION THREE: GRANT OF APPFAMNCE REVIEW CERTIFICATE OF APPROVAL. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Four of this Resolution, and pursuant to Section 2-158(a)(8) of the Village Code and the home rule powers of the Village, the Village Board hereby grants a certificate of appearance review approval for the Proposed Sign. SECTION FOUR: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Zoning Code or any other rights the Applicant may have, the approvals granted in Sections Two and Three of this Ordinance are hereby expressly subject to and contingent upon the construction, use, operation, and maintenance of the Property and Proposed Sign in compliance with each and all of the following conditions: A. Compliance with Regulations. Except to the extent specifically provided otherwise in this Ordinance, the development, use, operation, and maintenance of the Property and Proposed Sign must comply at all times with all applicable Village codes and ordinances, as the same have been or may be amended from time to time. B. Compliance with Plans. The construction, use, and maintenance of the 2 Proposed Sign shall be in strict compliance with the Sign Plan prepared by Parvin-Clauss Sign Company, consisting of one sheet, with a latest revision date of April 30, 2018, a copy of which is attached to, and by this reference, made part of this Ordinance as Exhibit B, except for minor changes approved by the Director of the Department of Community Development in accordance with applicable Village codes, ordinances, and standards. C. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or cashier's check. Further, the Applicant will be liable for, and must pay upon demand, all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters. SECTION FIVE; RECORDATION: BINDING EFFECT. A copy of this Ordinance will be recorded against the Property with the Lake County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and be binding upon, the Applicant and each of its heirs, representatives, successors, and assigns. SECTION SIX: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Section Two of this Ordinance will, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the 'Village Board may not so revoke the approvals granted in Section Two of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of Village Board. In the event of such revocation, the development and use of the Property be governed solely by the regulations of the CI District and the applicable provisions of the Zoning Code, as the same may, from time to time, be amended. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. SECTION SEVEN: AMENDMENTS. Any amendment to this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Code for the amending or granting of modifications. SECTION EIGHT: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: 1. Passage by the Village Board in the manner required by law; 3 2. Publication in pamphlet form in the manner required by law; 3, The fling by the Applicant and Owner with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and 4. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Recorder of Lake County. B. In the event that the Applicant and Owner do not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 8.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance by the Village Board, the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. [Voting Record and Signatures on Following Page] 4 AYES: Benton, Oppenheim, Seiden, Shapiro Struthers NAYS: Jester ASSENT: None PASSED: September 4, 2018 APPROVED: September 5, 2018 ORDINANCE NO. 0-18-28 Harriet Resent al, Mayor ATTEST: � ri Kent S. Str t, Village Clerk EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT PART OF LOT 1-IN BLOCK 2 IN ORIGINAL PLANT OF DEERFIELD BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857, IN BOOK 27 DEEDS, PAGE 167, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT I BLOCK 2; THENCE NORTHERLY ON THE EAST LINE OF SAID LOT, 100 FEET; THENCE WEST PARALLEL TO THE SOUTHLINE OF THE SAID LOT, 100 FEET, THENCE SOUTHEASTERLY PARALLEL TO THE EAST LINE OF SAID LOT, 100 FEET, THENCE EAST ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF BEGINNING. P.I.N.: 16-28-321-015 Commonly known as: 710 Deerfield Road, Deerfield, Illinois EXHIBIT B E. C__ 3 U O R m mo r < CO O N V` O O C O IsN L O = f m J Q - Z •ram W m �- c n d �Z � � V � O N F E1 C. Z 0 L MSe -mEti��o U� ra- y� c0 10 � © aJ � //♦�V�` SS y o a u El EXHIBIT C UNCONDITIONAL AGREEMENT A�M CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Chitown-Waukegan & Deerfield LLC ("Owner') is the record title owner of the property commonly known as 710 Deerfield Road, Deerfield, Illinois ('Property'; and WHEREAS, Damen 4 Management, LLC, d/b/a Aligned Modern Health ("Applieant'� is a tenant of the Property; and WHEREAS, Ordinance No. 0- 2-8 , adopted by the Village Board on 5A4.1, 2018 (`Ordinance'% grants to the Applicant (i) a modification from the "Village of Deerfield Zoning Ordinance 1978," as amended, to permit the installation of a roof sign on the Property and (ii) grants a certificate of approval for said roof sign; and WHEREAS, Section 8.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner and Applicant have filed, within 30 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance: NOW, THEREFORE, the Owner and Applicant do hereby agree and covenant as follows: 1. The Owner and Applicant hereby unconditionally agree to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Owner and Applicant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and Applicant acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting of a modification or adoption of the Ordinance, and that the Village's approval of the modification does not, and will not, in any way, be deemed to insure the Owner or Applicant against damage or injury of any kind and at any time. 4. The Owner and Applicant hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the modification. [SIGNATURES ON FOLLOWING PAGE] Dated: 2018. ATTEST: Chitown-Waukegan & Deerfield LLC By: --- fiY: Its: -- Its.rz —It"�' v�S ATTEST: DAMEN 4 MANAGEMENTO LLC, d/b/a ALIGNEDD MODERY4 HE TIH By: By: Its:.. _ — Its: A✓0?h'7- 959563641_vl