Loading...
O-16-12VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-12 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE DEERFIELD SHOPPERS COURT COMMERCIAL PLANNED UNIT DEVELOPMENT TO PERMIT RENOVATIONS TO THE 636 DEERFIELD ROAD BUILDING PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 6th day of June , 2016. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 6th day of June , 2016. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0-16-12 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE DEERFIELD SHOPPERS COURT COMMERCIAL PLANNED UNIT DEVELOPMENT TO PERMIT RENOVATIONS TO THE 636 DEERFIELD ROAD BUILDING WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on April 14, 2016 on the application of Bensenville Associates, LLC (the "Applicant"), the owner of the property described on Exhibit A attached hereto and commonly known as 636 Deerfield Road (the "Subject Property") for approval of an amendment to the Shoppers Court Commercial Planned Unit Development to permit the renovation of the 636 Deerfield Road building into a multi -tenant building, including changes to the sidewalk at the west end of the Village -owned municipal parking lot adjacent to the Subject Property to accommodate such renovations, all as more fully described on Exhibit B to this Ordinance, as an amended Special Use of the Subject Property in the C-1 Village Center District; and WHEREAS, said public hearing was held pursuant to public notice duly .given and published as required by statute and conforming in all respects, in both manner and form, with the Zoning Ordinance of the Village of Deerfield; and WHEREAS, the Plan Commission of the Village of Deerfield, after considering the evidence, testimony and supporting materials offered at said public hearing, filed its report with the President and Board of Trustees containing its written findings of fact and recommendation that an amendment to the Deerfield Shoppers Court Commercial Planned Unit Development be 4- authorized and approved pursuant to Article 5.01-C, Paragraph 2, Subparagraph i. and Article 13.11 of the Zoning Ordinance of the Village of Deerfield as an amended Special Use of the Subject Property in the C-1 Village Center District, including permission for renovation to the sidewalk at the west end of the Village -owned parking lot to accommodate said renovations; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the proposed amendment to the Deerfield Shoppers Court Commercial Planned Unit Development to authorize and permit renovations to the 636 Deerfield Road building as a multi -tenant building, including renovations to the sidewalk at the west end of the Village -owned parking lot to accommodate said renovations, fully complies with the requirements and standards set forth in Article 5.01-C, Paragraph 2, Subparagraph i. and Article 13.11 of the Zoning Ordinance of the Village of Deerfield, and that the best interests of the Village will be served by the authorization and approval of said amendment to the Deerfield Shoppers Court Commercial Planned Unit Development as provided herein and in accordance with the plans and supporting materials submitted by the Applicant which are incorporated herein and made a part of this Ordinance by this reference; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the President and Board of Trustees do hereby affirmatively find that the renovations proposed to the 636 Deerfield Road building as a multi -tenant building, including the proposed renovations to the sidewalk at the west end of the Village -owned parking lot to -2- accommodate said building renovations, hereby authorized as an amendment to Shoppers Court Commercial Planned Unit Development in the C-1 Village Center District, fully complies with the requirements and standards set forth in Article 5.01-C, Paragraph 2, Subparagraph i. and Article 13.11 of the Zoning Ordinance of the Village of Deerfield. SECTION 3: That the President and Board of Trustees do hereby authorize and approve: (a) an amendment to the Deerfield Shoppers Court Commercial Planned Unit Development as an amended Special Use of the Subject Property in the C-1 Village Center District to permit the renovations of the 636 Deerfield Road building as a multi -tenant building, including renovations to the sidewalk at the west end of the Village -owned parking lot adjacent to the Subject Property to accommodate said building renovations; and (b) signage improvements including sign modifications to allow two (2) building identification sign including a height variation, and proposed signage criteria for the 636 Deerfield Road building including sign modifications to allow the future tenant wall signage to be no more than eighteen (18) inches away from the building wall and not mounted directly to the building wall ("Signage Improvements"). These approvals are subject to the further conditions, regulations and restrictions set forth in Section 4 of this Ordinance. SECTION 4: That this amendment to the Deerfield Shoppers Court Commercial Planned Unit Development authorizing the renovations to the 636 Deerfield Road building, including renovations to the sidewalk at the west end of the Village -owned parking lot adjacent to the Subject Property as required to accommodate the building renovations, and the Signage Improvements, are granted subject to the following conditions, regulations and restrictions: (i) the 636 Deerfield Road building shall be renovated, maintained and used in accordance with the plans and supporting materials attached hereto and made a part of this Ordinance as Exhibit B hereof; (ii) -3- the Applicant shall enter into a License Agreement with the Village of Deerfield, the form and substance of which shall be approved by the Village attorney, to permit the renovations to the sidewalk at the west end of the Village -owned municipal parking lot adjacent to the Subject Property to accommodate the building renovations, and to further authorize the restoration of the Village property at such time, if any, as such license is revoked; (iii) compliance with all representations made and submitted by the Applicant to the Plan Commission and to the President and Board of Trustees of the Village of Deerfield; (iv) compliance with the recommendations of the Appearance Review Commission; and (v) compliance by the Applicant with all other applicable provisions of the Zoning Ordinance of the Village of Deerfield. SECTION 5: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non -preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non -preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. [This Space Left Blank Intentionally] -4- SECTION 6: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 6th day of _ June , 2016. AYES: Jester, Seiden, Shapiro, Mayor Rosenthal NAYS: None ABSENT: Farkas, Nadler, Struthers ABSTAIN: None APPROVED this 6th day of June , 2016. ATTEST: � Z�c k , '4-� illage Jerk -5- Village President EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: THE EAST 42 FEET OF LOT 3 AND ALL OF LOTS 4, 5 AND 6 AND LOT 7 (EXCEPT THE EAST 500 FEET OF SAID LOT 7) IN BLOCK 1 IN THE TOWN OF DEERFIELD, IN THE SOUTHWEST '/ OF THE SOUTHWEST '/ 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. PARCEL 2: THAT PART OF THE SOUTHWEST '/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD, AFORESAID, AND RUNNING THENCE NORTH 1.89 CHAINS; THENCE WEST 2.87 CHAINS; THENCE SOUTH 1.89 CHAINS; AND THENCE 2.87 CHAINS TO THE PLACE OF BEGINNING (EXCEPT THEREFROM THE EAST 50 FEET THEREOF), IN LAKE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTHWEST '/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT 212.5 FEET EAST AND 28.2 FEET SOUTH OF THE SOUTHEAST CORNER OF LOT 16 IN BLOCK 1 IN THE TOWN OF DEERFIELD, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857 IN BOOK 27 OF DEEDS, PAGE 167, RUNNING THENCE SOUTH 69.48 FEET; THENCE EAST 189.42 FEET; THENCE NORTH 70.6 FEET; AND THENCE WEST 189.42 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE SOUTHWEST '/ OF THE SOUTHWEST '/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF LOT 7 IN BLOCK I IN THE TOWN OF DEERFIELD IN SAID QUARTER QUARTER SECTION, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 11.72 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 7 AND SAID EAST LINE EXTENDED NORTHERLY, 182 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET, MORE OR LESS, TO THE MOST EASTERLY WALL OF THE BRICK BUILDING AS IT EXISTED ON JUNE 7, 1956 EXTENDED NORTHERLY; THENCE SOUTH ALONG SAID EAST WALL AS EXTENDED 182 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 7 AND THENCE EAST ALONG SAID SOUTH LINE, 40 FEET TO THE PLACE OF BEGINNING; (EXCEPTING THEREFROM THAT PART THEREOF WHICH FALLS WITHIN PARCELS 1 AND 2) IN LAKE COUNTY, ILLINOIS. PARCEL 5: THAT PART OF THE SOUTHWEST '/ OF THE SOUTHWEST '/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE NORTH 124.74 FEET; THENCE WEST 51.74 FEET; THENCE SOUTH 74.74 FEET, MORE OR LESS, TO A POINT 182 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7, IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7, 40 FEET TO THE POINT WHICH IS 11.72 FEET WEST OF THE FIRST DESCRIBED LINE; THENCE SOUTH 50 FEET TO THE NORTH LINE OF SAID LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL 6: LOT 26 (EXCEPT THE NORTH 10.00 FEET THEREOF AND ALSO EXCEPT THE WEST 25.00 FEET THEREOF) IN THE OWNERS' HOMESTEAD SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST '/ OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 11, 1922 AS DOCUMENT 218864, IN BOOK "L" OF PLATS, PAGE 48, IN LAKE COUNTY, ILLINOIS. PARCEL 7: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 6 OVER THE NORTH 30 FEET OF THE EAST 20 FEET OF THAT PART OF LOT 20 IN OWNERS' HOMESTEAD SUBDIVISION LYING SOUTH OF THE SOUTH LINE OF TODD COURT AND THE SOUTH 20 FEET OF THE NORTH 30 FFEET OF THE WEST 25 FEET OF SAID LOT 26 IN OWNERS' HOMESTEAD SUBDIVISION, AFORESADI, AS CREATED BY THE DEE RECORDED JULY 3, 1975 AS DOCUMENT 1716520, IN LAKE COUNTY, ILLINOIS. Exhibit B Documents Incorporated as Part of the Amendment to the Deerfield Shoppers Court Commercial Planned Unit Development To Permit Renovations to the 636 Deerfield Road Building 1. Land Title Survey of Deerfield Shoppers Court by Bleck Engineering Company, Inc., dated September 24, 2014. 2. Improvement Plan Drawing No. C-1, by Bleck Engineering Company, Inc. for 636 Deerfield Road. 3. Construction Details Drawing No. C-2, by Bleck Engineering Company, hic. for 636 Deerfield Road. 4. Landscape Plan Sheet No. L1.0, by Partners in Design Architects for 636 Deerfield Renovations. 5. Existing Site and Building Exterior Sheet No. A0.1, by Partners in Design Architects for the 636 Building. 6. Site Plan Sheet No. A1.0, by Partners in Design Architects for the 636 Building. 7. Demolition Plan Sheet No. A2.0, by Partners in Design Architects for the 636 Building. 8. Floor Plan Sheet No. A3.0, by Partners in Design Architects for the 636 Building. 9. Exterior Elevations Sheet No. A4.0, by Partners in Design Architects for the 636 Building. 10. Site Sections Sheet No. A5.0, by Partners in Design Architects for the 636 Building. 11. Building Renderings Sheet No. A6.0, by Partners in Design Architects for the 636 Building. 12. Specifications tear sheet for P5675 Series LED wall mount lights by Progress Lighting. 13. 636 Building - Criteria for Tenant Signage, as approved by ARC THIS DOCUMENT PREPARED BY: Peter Coblentz 30 N. LaSalle St., Ste. 1624 Chicago, IL 60602 AFTER RECORDING RETURN TO: This Space for Recorder's Use Only LICENSE AGREEMENT BY AND BETWEEN THE VILLAGE OF DEERFIELD AND BENSENVILLE ASSOCIATES LLC (636 DEERFIELD ROAD) THIS LICENSE AGREEMENT ("Agreement') is dated as of this _ day of , 2017 and is by and between the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation ("VI'llage'l, and BENSENVILLE ASSOCIATES LLC, an Illinois limited liability company ("Owner'j. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the Village's home rule powers, the parties agree as follows: SECTION 1. RECITALS. A. The Owner is the record title owner of certain real estate situated in the Village of Deerfield, County of Lake, State of Illinois, which real estate is commonly known as 636 Deerfield Road and is legally described in Exhibit A attached to this Agreement ("Subject Property'). B. The Subject Property is improved with a building that has historically been used as a single -tenant retail furniture store. C. The Owner plans to redevelop the building located on the Subject Property as a multi -tenant retail commercial building (the "Building"). Owner's plan for renovation of the Building includes seeking permission from the Village to make certain private improvements and modifications (the "Improvements") to a Village owned parking lot and sidewalk (the "Village Property") lying immediately east of and adjacent to the Subject Property, which Improvements are more fully described in Section 2 of this Agreement. The Village Property is legally described on Exhibit B attached to this Agreement. D. On June 6, 2016, the President and the Board of Trustees of the Village adopted Ordinance No._ granting the Owner an amended special use permit authorizing renovation of the Building as a multi -tenant retail commercial building, and further authorizing the Owner to make the Improvements on the Village Property conditioned upon the execution of a license agreement between the Village and the Owner allowing the Owner to install and maintain such Improvements on the Village Property (the "Ordinance"). -1- E. The Owner will require temporary access to the Village Property to construct these improvements on the Village Property. F. The Owner and the Village have determined that it is in their best interests to enter into this Agreement. SECTION 2. LICENSE. A. License for Improvements. In consideration of the obligations and promises set forth in this Agreement, the Village shall, and does hereby, convey to the Owner a non-exclusive revocable license ("License") for the benefit of the Subject Property to use the Village Property for the purpose of installing, maintaining, and repairing the following Improvements, subject to the provisions of this Section 2, consisting of (i) rebuilding, raising and maintaining the public sidewalk (the "Sidewalk") along the east property line of the Subject Property (corresponding with the east fagade of the Building); (ii) installing and maintaining a railing along the elevated Sidewalk (iii) installing and maintaining a set of stair, hand railing and an ADA ramp at the south end of the Sidewalk; (iv) installing and maintaining certain architectural elements such as steel, lighting fixtures and tenant signage encroaching into the vertical space above the Sidewalk; (v) restriping one row of parking spaces in the Village parking lot, including the relocation of a handicap parking space, and (vi) installing and maintaining a grease trap, manhole, drain and related appurtenances in and below the Sidewalk. The Improvements are generally depicted on the following plans, as now or hereafter approved by the Village (collectively, the "Improvement Plans"): 1 Improvement Plan Drawing No. C-1, by Bleck Engineering Company, Inc. for 636 Deerfield Road, dated March 23, 2016. 2. Construction Details Drawing No. C-2, by Bleck Engineering Company, Inc. for 636 Deerfield Road. 3. Site Plan Sheet No. A1.0 by Partners in Design Architects for The 636 Deerfield Building dated 03.24.16. 4. Floor Plan Sheet No. A3.0 by Partners in Design Architects for The 636 Deerfield Building dated 03.24.16. 5. Exterior Elevations Sheet No. A4.0 by Partners in Design Architects for The 636 Deerfield Building dated 03.24.16 depicting the East Elevation of the Building. 6. Site Sections Sheet No. A5.0 by Partners in Design Architects for The 636 Deerfield Building dated 03.24.16. 7. The East Fagade depictions contacting in Building Renderings Sheet No. A6.0 by Partners in Design Architects for The 636 Deerfield Building dated 03.24.16. 8. The East Fagade Partial Site Plan Exhibit by Partners in Design Architects for The 636 Deerfield Building Dated 12.27.16 depicting the Grease Interceptor. B. Installation. The Owner shall have the right, at its sole cost and expense, to install the Improvements in accordance with the terms of this Agreement, and all applicable Village ordinances and regulations, at locations over and above the Village Property as depicted in the Improvement Plans. C. Maintenance. The Owner shall, and is hereby authorized and required to, at its sole cost and expense, supervise, manage, maintain, and keep in good repair the Improvements described in this Section 2, and depicted on the Improvement Plans, including but not limited to the Sidewalk, in a safe, clean, and sightly condition clear and reasonably free of snow, ice, dirt, and other natural conditions so as to avoid and prevent any and all hazards to -2- the public on the Village Property. In the event the Improvements, in the sole discretion of the Village, threaten the public heath and safety, the Owner agrees that the Village may abate, or take all necessary action to, abate the dangerous condition and shall reimburse the Village for all costs incurred by the Village related to abating the dangerous condition. D. Term. This License shall be for a term of five (5) years commencing on the date this Agreement is last executed by the parties (the "Effective Date"), and automatically renewing for successive one-year periods ("License Term') until the earlier of the Owner or the Village providing the other party with sixty (60) days' prior written notice of its intent to terminate the License at the end of the current License Term as described in Section 2.E of this Agreement. At the conclusion of the License Term, the Village may, in the sole discretion of the Village Manager, require the Improvements, or any portion thereof, to be removed by the Owner at the Owner's sole cost and expense. E. Termination of License. The License shall automatically expire upon the occurrence of any one of the following: 1. Failure to Install/Maintain Improvements. After the Owner has received notice of the Owner's failure to comply with the terms and conditions of this Section 2, which notice shall allow Owner ten (10) days in which to bring the Improvements into compliance; or 2. Failure to Comply with Agreement. After the Owner has received notice of the Owner's failure to comply with the terms and conditions of this Agreement, which notice shall allow Owner ten (10) days in which to cure, or diligently commence to cure, such noncompliance; or 3. Mutual Agreement. Upon the mutual written agreement of the Village and the Owner; or 4. Change of Use. Any substantial change in the retail commercial use of the Building as authorized by the Ordinance, including any consecutive period of sixty (60) or more days when square feet or more of the gross leasable area of the Building is not being used for retail commercial purposes. 5. Maximum Term. Notwithstanding anything to the contrary stated in this Section 2, this License will terminate twenty (20) years after the Effective Date unless the Parties have entered into an amendment extending the License Term. SECTION 3. TEMPORARY CONSTRUCTION LICENSE. A. Grant of License for Temporary Construction. In consideration of the obligations and promises set forth in this Agreement, the Village shall, and does hereby, grant to the Owner a non-exclusive revocable temporary license ("Temporary Construction License'l over, across, and upon that portion of the Village Property as the Parties mutually agree is reasonably necessary to construct and install the Improvements. B. Temporary Construction License Term. The Temporary Construction License shall be for a term of nine months commencing on the date this Agreement is executed by the parties unless otherwise terminated as described in Subsection 2.E of this Agreement ("TC -3- Term'l. The TC Term may be extended upon the written request of the Owner and the approval of the Village Engineer, in his sole discretion. At the conclusion of the TC Term, the Owner shall, at its sole cost and expense, restore all part of the Village Property as may have been disturbed during Construction of the Improvements (excluding those areas where Owner's Improvements are licensed to encroach into the Village Property pursuant to Subsection 2.A of this Agreement) to the same condition or better condition as existed prior to the commencement of the TC Term. C. Termination of Temporary Construction License. The Temporary Construction License shall automatically expire upon the occurrence of any one of the following: 1. Expiration of Term. The last day of the TC Term as defined in Subsection 3.13 of this Agreement. 2. Failure to Comply. After the Owner has received notice of the Owner's failure to comply with the terms and conditions of this Section 2, which notice shall allow Owner ten (10) days in which to comply; or 3. Mutual Agreement. Upon the mutual written agreement of the Village and the Owner. D. Owner Obligations. The Temporary Construction License granted by the Village pursuant to this Agreement, and the use thereof by the Owner, shall be subject to satisfying the following conditions at its sole cost and expense: Owner's Representative. The Owner shall provide the Village with one or more emergency telephone numbers allowing the Village to contact the Owner's representatives on a 24-hour basis. SECTION 4. RESERVED RIGHTS. The Village hereby reserves (i) the right to use the Village Property and the Temporary Construction License Area (collectively, "Licensed Premises'l in any manner that will not prevent or unreasonably interfere with the exercise by the Owner of the rights and obligations granted under this Agreement. The Village shall have the right to grant other licenses for the use of the Licensed Premises; provided, however, that any such other licenses shall be subject to the rights and obligations contained in this Agreement. The Village is not required to exercise the rights granted herein except as it shall determine to be in its best interest. Failure by the Village to exercise any right herein granted shall not be construed as a waiver of that right or any other right. Nothing herein shall be deemed or construed to constitute a dedication of any real property to the Village. SECTION 5. NO EASEMENT OR PRESCRIPTIVE RIGHTS. The Owner acknowledges and agrees that its use of the Licensed Premises, pursuant to the License and the Temporary Construction License (collectively the "Licenses") shall not be deemed to give rise to any form of easement. The Owner does hereby further acknowledge, and agree, that no prescriptive rights have arisen prior to the date of the Licenses nor shall any prescriptive rights be deemed to arise out of the Licenses. -4- SECTION 6. FURTHER ASSURANCES. The Owner represents and warrants that it shall take all necessary action so that the Licensed Premises and surrounding area, shall remain free and clear of any and all liens, including, without limitation, those arising out of work performed, materials furnished, or obligations secured by, the Owner, and shall execute all such documents as may be reasonably necessary to protect the Village's right, title, and interest in the Licensed Premises. SECTION 7. INSURANCE. The Owner shall, at all times during the term of this Agreement, provide certificates of insurance evidencing the minimum insurance coverages and limits set forth below. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth below shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on the Owner's duty to carry adequate insurance or on the Owner's liability for losses or damages under this Agreement. The coverages shall insure the Owner, its agents, employees, contractors, and consultants and name the Village and its elected and appointed officials, officers, boards, commissioners, employees, attorney, and agents as additional insureds. The minimum insurance coverages and limits that shall be maintained at all times are as follows: less than: A. Workers' Compensation and Employer's Liabilitv. Limits shall not be Workers' Compensation: Statutory 2. Employer's Liability: - $500,000 ea. accident -injury - $500,000 ea. employee -disease - $500,000 disease -policy Such insurance shall evidence that coverage applies to the State of Illinois. B. Comprehensive Motor Vehicle Liability. Limits for vehicles owned, non -owned or rented shall not be less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. C. Commercial General Liabilitv. Limits shall not be less than $1,000,000 Bodily Injury and Property Damage Combined Single Limit. Coverage is to be written on an "occurrence" basis. Coverage to include: - Premises Operations - Products/Completed Operations - Independent Contractors - Personal Injury (with Employment Exclusion deleted) -5- - Broad Form Property Damage Endorsement - "X," "C," and "U" - Contractual Liability D. Umbrella Liability. Limits shall not be less than $2,000,000 Bodily Injury and Property Damage Combined Single Limit. This Policy shall apply in excess of the limits stated in Subsections 7.A, 7.13, and 7.0 above. SECTION 8. INDEMNIFICATION. The Owner agrees that the Village's approval of the Licenses contained in this Agreement, and any other covenant, condition, or restriction contained in this Agreement, shall not give rise to any liability on the part of the Village. The Owner and its respective heirs, executors, administrators, successors, assigns, and legal representatives, including, without limitation, all subsequent owners of the Subject Property, or any portion thereof, and all persons claiming under them (`Indemnifying Parties'), shall save, defend, indemnify, and hold the Village, its elected and appointed officials, officers, boards, commissioners, employees, attorneys, and agents ("Village Parties' harmless from any injury, claim, demand, suit, judgment, execution, liability, debt, damages, or penalty ("Claims'l arising out of, resulting from, or alleging to arise out of or result from, this Agreement, including, but not limited to, Claims arising out of the acts and omissions of Indemnifying Parties on Village property, or the Village's approval of the Licenses described herein. The Indemnifying Parties shall pay all expenses incurred by the Village Parties in any defense with regard to any and all Claims. These expenses shall include out-of-pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employee of the Village. SECTION 9. ENFORCEABILITY. The parties to this Agreement may, in law or in equity, by suit, action, mandamus or any other proceeding, including without limitation, specific performance, enforce or compel the performance of this Agreement; provided, however, that the Owner agrees that it will not seek, and does not have the right to seek, to recover a judgment for monetary damages against the Village or any of its elected or appointed officials, officers, employees, agents, representatives, engineers or attorneys, on account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement. In the event of a judicial proceeding brought by one party to this Agreement against the other party to this Agreement, the prevailing party in such judicial proceeding shall be entitled to reimbursement from the unsuccessful party of all costs and expenses, including reasonable attorneys' fees, incurred in connection with such judicial proceeding. SECTION 10. RECORDATION. This Agreement shall be recorded with the Recorder of Deeds of Lake County, Illinois, at Owner's expense, and all contracts and deeds of conveyance relating to the Subject Property, or any part thereof, shall be subject to the provisions of this Agreement. 51 SECTION 11. NOTICES. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered: (i) personally, (ii) by a reputable overnight courier, or (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Section 11, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to Village shall be addressed to, and delivered at, the following address: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 Attention: Village Manager With a copy to: Rosenthal, Murphey, Coblentz & Donahue 30 North LaSalle Street Suite 1624 Chicago, IL 60602 Attention: Peter D. Coblentz Notices and communications to the Owner shall be addressed to, and delivered at, the following addresses: With a copy to: Bensenville Associates LLC Asa V1, 141," &yd Ash Anos Freedman & Logan 77 W. Washington Street Suite 1211 Chicago, IL 60602 Attention: Lawrence M. Freedman SECTION 12. GENERAL PROVISIONS. A. Severability. If any provision of this Agreement is construed or held to be void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the -7- remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but shall remain in full force and effect. The unenforceability of any provision of this Agreement shall not affect the enforceability of that provision in any other situation. B. Amendments and Modifications. No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective until such change is reduced to writing and executed and properly approved by the parties at the time such modification is intended to be effective, pursuant to all applicable statutory procedures. The Owner shall reimburse the Village for any costs incurred by the Village to amend this Agreement. C. Authority to Execute. The Village hereby warrants and represents to the Owner that the persons executing this Agreement on its behalf have been properly authorized to do so by the Village's corporate authorities. The Owner hereby warrants and represents to the Village (i) that it is the owner of record of fee simple title to the Subject Property; (ii) except as otherwise noted in this Agreement, that no other person or entity has any legal, beneficial, contractual or security interest in the Subject Property; (iii) that it has the full and complete right, power and authority to enter into this Agreement and to agree to the terms, provisions and conditions set forth in and to bind the Subject Property as set forth in this Agreement; (iv) that all legal actions needed to authorize the execution, delivery and performance of this Agreement have been taken; and (v) that neither the execution of this Agreement nor the performance of the obligations assumed by the Owner will (a) result in a breach or default under any agreement to which the Owner is a party or to which it or the Subject Property is bound or (b) violate any statute, law, restriction, court order or agreement to which the Owner or the Subject Property are subject. D. Calendar Days and Time. Any reference herein to "day" or "days" shall mean calendar and not business days. If the date for giving of any notice required to be given hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday, or Federal holiday, then said notice or obligation may be given or performed on the next business day after such Saturday, Sunday, or Federal holiday. E. No Third Party Beneficiaries Except as expressly provided for in this Agreement, no claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made, or be valid, against the Village or the Owner. F. Counterparts. This Agreement may be executed in multiples counterparts, each of which shall be deemed to constitute a duly authorized original. G. Rule Against Perpetuities. If any of the rights or restrictions imposed by the Easement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such right or restriction shall continue only until 21 years after the death of the survivor of the now living descendants of the current Governor of the State of Illinois as of the date of this Agreement. [This Space Left Blank Intentionally] 0 IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute the same. ATTEST: Zk. C�---' By: Its: V- I lQ Y(�►ta tr to ferle— ATTEST: By: Title: VILLAGE OF DEERFIELD By. tom` Its: BENSENVIL SSOCIATES LLC By: �- - Its: 1"" Q► M STATE OF ILLINOIS ) ) SS. COUNTY OF LAXE ) AA 2G 11 The foregoing instrument was acknowledged before me on 22 day of 29fi6" by Harriet Rosenthal, the Village Presi ent of the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation, and by # the Village Clerk of said municipal corporation. ANt?REW i LO MRSI N OfYfeim so Navy fAift • e0 ftt SEAL My Commission expires: t4 u� STATE OF ILLINOIS ) SS COUNTY OF ) AJ=A6.� &':;-s_� Signature of Notary the of BENSENVILLE ASSOCIATES LLC, an Illinois limited liability company, which individual is personally known to me, appeared before me and acknowledged that he signed the foregoing instrument for and on behalf of said limited liability company as his free and voluntary act and as the free and voluntary act of said corporation for the uses an r entioned. OFFMSEAL ICP ME!_EN f .IVISIIS't�lER NOTARYPUBW-STATEOFumois Signature of Notary W COMMISSION EXPIRES:01=9 SEAL My Commission expires: ` I(-f -10- EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 1- 1.4 x _. ,,: EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1 THE EAST 42 FEET OF LOT 3 AND ALL OF LOTS 4, 5 AND 6 AND LOT 7 (EXCEPT THE EAST 50 FEET OF SAID LOT 7) IN BLOCK 1 IN THE TOWN OF DEERFIELD, IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 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. PART OF PIN 16-28-322-011 PARCEL 2: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD, AFORESAID, AND RUNNING THENCE NORTH 1.89 CHAINS; THENCE WEST 2.87 CHAIN; THENCE SOUTH 1.89 CHAINS; AND THENCE EAST 2.87 CHAINS TO THE PLACE OF BEGINNING (EXCEPT THEREFROM THE EAST 50 FEET THEREOF), IN LAKE COUNTY, ILLINOIS. PIN 16- 28-300-014 PARCEL 3: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT 212.5 FEET EAST AND 28.2 FEET SOUTH OF THE SOUTHEAST CORNER OF LOT 16 IN BLOCK 1 IN THE TOWN OF DEERFILED, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1857 IN BOOK 27 OF DEEDS, PAGE 167, RUNNING THENCE SOUTH 69.48 FEET; THENCE EAST 189.42 FEET; THENCE NORTH 70.6 FEET; AND THENCE WEST 189.42 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN 16- 28-300-013 PARCEL 4: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND OF LOT 7 IN BLOCK 1 IN THE TOWN OF DEERFIELD IN SAID QUARTER QUARTER SECTION, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID LOT 7 WHICH IS 11.72 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT 7 AND SAID EAST LINE EXTENDED NORTHERLY, 182 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET, MORE OR LESS, TO THE MOST EASTERLY WALL OF THE BRICK BUILDING AS IT EXISTED ON JUNE 7, 1956 EXTENDED NORTHERLY; THENCE SOUTH ALONG SAID EAST WALL AS EXTENDED 182 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOT 7 AND THENCE EAST ALONG SAID SOUTH LINE, 40 FEET TO THE PLACE OF BEGINNING; (EXCEPTING THEREFROM THAT PART THEREOF WHICH FALLS WITHIN PARCELS 1 AND 2) IN LAKE COUNTY, ILLINOIS. PIN 16-28- 300-015 AND PART OF PIN 16-28-322-011 PARCEL 5: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHEAST CORNER OF LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE NORTH 124.74 FEET; THENCE WEST 51.74 FEET; THENCE SOUTH 74.74 FEET, MORE OR LESS, TO A POINT 182 FEET NORTH OF THE SOUTH LINE OF SAID LOT 7, IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 7,40 FEET TO THE POINT WHICH IS 11.72 FEET WEST OF THE FIRST DESCRIBED LINE; THENCE SOUTH 50 FEET TO THE NORTH LINE OF SAID LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD; THENCE EAST TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN 16-28-300-016 EXHIBIT B LEGAL DESCRIPTION OF VILLAGE PROPERTY THE EAST 11.72 FEET OF LOT 7 IN BLOCK 1 IN TOWN OF DEERFIELD, IN THE SOUTHWEST QUARTER OF THE SOUTHWEST OF SECTION 28, TOWNSHOP 43 NORTH, RANGE 12 EAST OF THE 3RD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS. PIN 16-28-322-010