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O-21-24wig VILLAGE OF DEERFIELK STATE OF ILLIN01S COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD ) SS I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Imaqe# 061868180030 Type: ORD Recorded: 02,11/2022 at 01:25:26 PM Receipt#: 2022-00013861 Paqe 1 of 30 Fees: $50.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File7873056 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 0-21-24 Dated this January 10, 2022 An Ordinance Approving a Special Use Permit for a Coworking Space in the C-1 Village Center District A�md I L DANIEL VAN DUSEN Deputy Village Clerk Prepared by and after recording return to: Daniel Van Dusen Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 FAX 847.945.0214 VILLAGE OF DEERFIELD ORDINANCE NO. 2021- 0-21-24 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A COWORKING SPACE IN THE C-1 VILLAGE CENTER DISTRICT (807, 809 and 811 Waukegan Road) WHEREAS, Brick & Mortar Group, LLC, an Illinois limited liability company ("Applicant's, is the lessee of that certain property located at 807, 809 and 811 Waukegan Road, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part of this Ordinance ("Property's; and WHEREAS, the Wanda L. Bernardi Trust ("Owner's, is the record owner of the Property; and WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District'; and WHEREAS, the Applicant desires to establish and operate a coworking office space on the Property ("Coworking Space'; and WHEREAS, the Coworking Space is proposed to consist of approximately 6,150 square feet of floor area within the first and second floors of 807 Waukegan Road and the second floors of 809 and 811 Waukegan Road; and WHEREAS, members of the Coworking Space will have 24-hour access to the facility; and WHEREAS, pursuant to Section 5.01-C-1 of the "Deerfield Zoning Ordinance 1978," as amended ("Zoning Ordinance', professional offices may operate on the ground level in the C-1 District only upon the issuance of a Class A special use permit; and WHEREAS, pursuant to Section 5.01-C-2 of the Zoning Ordinance, uses that are regularly open for business on a 24-hour basis may operate only upon the issuance of a Class B special use permit; and WHEREAS, the Applicant has applied, with the consent of the Owner, for Class A and Class B special use permits (collectively, "Special Use Permit') to operate the Coworking Space ("Application's; and WHEREAS, a public hearing of the Plan Commission of the Village of Deerfield to consider the Application was duly advertised in the Deerfield Review on April 1, 2021 and held on April 22, 2021; and WHEREAS, on April 22, 2021, the Plan Commission adopted Findings of Fact, recommending that the Village Board approve the Special Use Application; and {00121022.2} WHEREAS, the Village Board has determined that the Special Use Permit complies with the required standards for special use permits and planned unit developments as set forth in Article 13 of the Zoning Ordinance; and WHEREAS, consistent with the Plan Commission recommendation, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to approve the Special Use Permit, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village Board. SECTION TWO: APPROVAL OF SPECIAL USE PERMIT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board hereby approves the Special Use Permit to allow for the Coworking Space on the Property, in accordance with, and pursuant to, Article 13 and Sections 5.02-C-1 and 5.02-C-2 of the Zoning Ordinance and the home rule powers of the Village. SECTION THREE: CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Village Code or the Zoning Ordinance, or any other rights the Owner or the Applicant may have, the approval granted in Section Two of this Ordinance is hereby expressly subject to and contingent upon the use and maintenance of the Property in compliance with each and all of the following conditions: A. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property must comply with all applicable Village codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. B. Compliance with Plans. The redevelopment, use, operation, and maintenance of the Property must comply with the plans in Exhibit B attached to and, by this reference, made a part of this Ordinance, except for minor changes and site work approved by the Village Principal Planner in accordance with all applicable Village 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 {00121022.2} 2 the Village for publications and recordings required in connection with the aforesaid matters. SECTION FOUR: RECORDATION; BINDING EFFECT. A copy of this Ordinance shall be recorded in the Office of the Lake County Recorder of Deeds against the Property. This Ordinance and the privileges, obligations, and provisions contained herein run with the Property and inure to the benefit of, and are binding upon the Owner, the Applicant, and each of their heirs, representatives, successors, and assigns. SECTION FIVE: FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Owner or the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approval granted in Section Two of this Ordinance ("Approval' may, at the sole discretion of the Village Board, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Board may not so revoke the Approval unless it first provides the Owner and the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Board. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. Notwithstanding the foregoing or anything else contained in this Ordinance, neither the Owner nor the Applicant's failure to comply with this Ordinance, nor anything else contained herein, shall effect or restrict the Owner or the Applicant's rights to use the Property as otherwise permitted by the Zoning Ordinance. SECTION SIX: AMENDMENTS. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for the granting of special use permits and planned unit development approvals. SECTION SEVEN: EFFECTIVE DATE. A. This Ordinance will be effective only upon the occurrence of all of the following events: Passage by the Village Board by a majority vote in the manner required by law; 2. Publication in pamphlet form in the manner required by law; 3. The filing by the Owner and the Applicant with the Village Clerk of a fully executed Unconditional Agreement and Consent, in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance; and (00121022.21 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 the Owner or the Applicant do not file fully executed copies of the Unconditional Agreement and Consent, as required by Section 7.A.3 of this Ordinance, within 30 days after the date of final passage of this Ordinance, the Village Board will have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. AYES: Benton, Jacoby, Jester, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: Metts-Childers PASSED: July 6, 2021 APPROVED: July 7, 2021 ORDINANCE NO. 0-21-24 Daniel Shapiro, Mayor ATTEST/ Kent S.' Street, Ville ge Clerk (00121022.2) 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 1 (except the South 82.0 feet thereof, measured along the East line thereof, and except all that part of Lot 1 lying North of a line described as follows: Beginning at a point on the Westerly line of said Lot 1, 8 inches Southerly of the Northwest corner thereof and running thence East to a point in the East line of said Lot, 6 3/8 inches South of the Northeast corner thereof and intending to described all that part of Lot 1 lying North of the line of the North wall of the building as it existed on January 25, 1960 on the North part of said Lot 1 extended to the East and Westerly lines of said Lot 1) in Block 1 in the Original Town of Deerfield, being a Subdivision in the Southwest quarter 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 of Deeds, page 167, in Lake County, Illinois. PIN: 16-28-322-014-0000 Commonly known as 807-811 Waukegan Road, Deerfield, Illinois {00121022.2} EXHIBIT B PLANS {00121022,2} OR 0 Q rn n 0 0 7 00 0 0 0 0 r� (n rn� wo ty 03 WWW.YOU RBRICKANDMORTAR.COM -x Brick °°- o�-,c_0 a °o �o �Q Q•°0 .QC (D (Do . �� � cD n Ln QQ = 0 CQ cN rncu�, i. — 0- CDn� -�' QQ�n'(D 00 oQ C. N 0-C<D Q O Q �. n Q fD o Q 0cQ3Q00 -, Q o <�n �Q�Qo Co aQ°0Qm ^ o O 3 5' (D � 0 ii N N •�� Q_ 0— rn�• CD 3 rn� CD o 3 Q co , p p Ln CD 0 0 < .-' 0 � � a� < Q n m n ,Q 3 N (�D -< 0 O• Q 3- 0 00 0 cD n < Q° CQ 3 N 0 c 77:3 0 o Q �' ci 0 m Q .a Brick q -00 E O O CD (D(DR on3� X (D Q O O n Ai D °3Q� Q 7 � y- Q U) O0_0 (D Q -+ CF O Q O FD � CD 3 5 O C CD I Q O 573 O � p (D Q Q Q O oF 3 0 (D N = (D �' N 5 { (D Q � Q 0- CD N 0 _ C n coO O � N Q W �Q(D O o N•5 =' O o _ O 3 � CD O n N Q W N. Q O (D Q o (D0 QQ� m O O ,c Q 7 p -h M C `t O Q (D u a CD --_ - o n m Brick 4 . _ . . . O � � �C�QQ(D C)< Q �'(D — N0 0�.� � p(D f?� W (D N QS. 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'o f' 3its . --- i:Tif 3 9. Cn CDCD 0 O C1 ^ O CD /Cn�. 0- CL V/ CD O O CD O Q D CD cn CD Q o< CD O P- 0 (Q CD CD 0- CD =r :3 O S N' CD Z v O- O �a C7 O CD m 0n m n c a-' 01 = 00 N 3 C 7 _ �. 0 c ca s TI r_ 3 r p -0 j Cn 0 m D - c 3 � n �' 9 a n rooms-i-i3z 3 3 2 CD N Ul 1 rn cr 3 ,a fD [P LD oo00 N crCD —h p 0 CD Io m y ;v vE - 0 = o 0 3 E a = 3 0 3 o 3 CD 3 v � CD co w N ic EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Deerfield, Illinois ("Village'): WHEREAS, Brick & Mortar Group, LLC, an Illinois limited liability company ("Applicant's, is the lessee of that certain property located at 807, 809 and 811 Waukegan Road, in Deerfield, Illinois, and legally described in Exhibit A attached and, by this reference, made a part hereof ("Property's; and WHEREAS, the Wanda L. Bernardi Trust ("Owner's, is the record owner of the Property; and WHEREAS, the Property is located in the C-1 Village Center District ("C-1 District'); and WHEREAS, the Applicant desires to establish and operate a Coworking office space on the Property ("Coworking Space'; and WHEREAS, the Applicant, with the consent of the Owner, has filed an application with the Village for Class A and B special use permits (collectively, "Special Use Permit') to allow for the establishment of the Coworking Space on the Property (the "Application'; and WHEREAS, Ordinance No. 4 -21- 2'�, adopted by the Village Board on Uy 6 ' 2021 ("Ordinance's, approved the Application; and WHEREAS, Section 7.A.3 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and Owner have filed, within 30 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as follows: 1. The Owner and the Applicant hereby unconditionally agree to, accept, consent to, and will abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance. 2. The Owner and the Applicant acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner and the Applicant acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's granting the Application or adoption of the Ordinance, and that the f00121022.21 Village's approval of the Application does not, and will not, in any way, be deemed to insure the Owner or the Applicant against damage or injury of any kind and at any time. 4. The Owner and the Applicant hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the Application for the Property. Dated: r) G a 1W 2-S .2021. BRICK &MORTAR GROUP LLC, an ATTEST: Illinois limited liabi.lit company By: __. By. - Its: Its: ll u�tMrtucr ATTEST: WANDA BERNARDI TRUST 'By:_.. ........ _._ By: Its: -- — - Its: I00121022.21