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R-22-27pn�; 7drA-j VILLAGE OF DEERFIELD STATE OF ILLINOIS ) ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Image# 062326700012 Type: RES Recorded: 06/09/2022 at 11:28:07 AM Receipt#: 2022-00045388 Pape i of 12 Fees: $50.00 Lake County IL Recorder Mary Ellen Vanderventer Recorder File7910227 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 Resolution R-22-27 Dated this May 26, 2022 A Resolution Approving an Amendment to an Impact Fee Agreement (924 and 936 Westcliff Lane Resub) kjw� _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 RESOLUTION NO. R-22-27 A RESOLUTION APPROVING AN AMENDMENT TO AN IMPACT FEE AGREEMENT (924 and 936 Westcliff Lane Resubdivision) WHEREAS, Theodore D. Kuczek and Cheryl J. Kuczek ("Kuczeks') are the owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff Property'; and WHEREAS, prior to March 3, 2022, Theodore D. Kuczek owned the property commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property') (the 924 Westcliff Property and the 936 Westcliff Property are, collectively, the "Properties'); and WHEREAS, on March 3, 2022, Theodore D. Kuczek sold the 936 Westcliff Property to Daniel J. Waltz and Ashley D. Waltz ('Waltzs'� (the Kuczeks and Waltzs are, collectively, "Owners', who are now the owners of the 936 Westcliff Property; and WHEREAS, on February 11, 2021, the Village adopted Resolution No. R-21-41, approving the resubdivision of the Properties into three lots of record ("Resolution') pursuant to a Plat of Subdivision titled, "Kuczek Subdivision," recorded with the Lake County Recorder of Deeds as Document No. 7859729 ("Plat'; and WHEREAS, as a condition of the Resolution, the Kuczeks entered that certain Impact Fee Agreement dated December 23, 2021 ("Agreement'), which Agreement was recorded as Document No. 7873060; and WHEREAS, the Agreement stipulates when the Owners are required to pay impact fees for the Properties; and WHEREAS, the Village and the Owners desire to amend the Agreement to release the 936 Westcliff Property and a portion of the 924 Westcliff Property from the obligations of the Agreement pursuant to an amendment to the Agreement ("Amendment'); and WHEREAS, the Village Board has determined that approving the Amendment will serve and be in the best interest of the Village; NOW, THEREFORE, BE IT RESOLVED 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 Resolution as findings of the Village Board. SECTION TWO: APPROVAL OF AMENDMENT. The Amendment by and between the Village and Owners is hereby approved in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the Village Manager and the Village Attorney. {00125760.1) SECTION THREE _: EXECUTION OF AMENDMENT. The Mayor and Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the Amendment upon receipt by the Village Clerk of at least one original copy of the Amendment executed by Owners; provided, however, that if the executed copy of the Amendment is not received by the Village Clerk within 30 days after the effective date of this Resolution, then this authority to execute and attest will, at the option of the Village Board, be null and void. SECTION F6uR.: EFFECTIVE DATE. This Resolution will be in full force and effect upon its passage and approval by a majority of the members of the Village Board. AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: April 18, 2022 APPROVED: April 10, 2022 RESOLUTION NO. R-22-27 Daniel C. Shapiro ATTEST: Kent S. Str et, Village Cle k {00125760.11 EXHIBIT A AMENDMENT {00125760.11 PREPARED BY AND AFTER RECORDING RETURN TO: Elrod Friedman LLP 325 N. LaSalle Street, Suite 405 Chicago, Illinois 60654 Attention: Benjamin Schuster For Recorder's Use Only FIRST AMENDMENT TO IMPACT FEE AGREEMENT (924 and 936 Westcliff Lane) THIS FIRST AMENDMENT TO IMPACT FEE AGREEMENT ("Amendment") is entered into as of this 26+" day of , 2022 ("Effective Date") by and among Theodore D. Kuczek and Cheryl J. K iczek, ("Kuczeks'J; Daniel J. Waltz and Ashley D. Waltz ("Waltzs'� (the Kuczeks and Waltzs are, collectively, "Owners'; and the Village of Deerfield, an Illinois municipal corporation ("Village"; and together with the Owners, the "Parties"). WHEREAS, the Kuczeks are the owners of the property commonly known as 924 Westcliff Lane, Deerfield, Illinois ("924 Westcliff Property', which is legally described in Exhibit A attached hereto; and WHEREAS, prior to March 3, 2022, Theodore D. Kuczek owned the property commonly known as 936 Westcliff Lane, Deerfield, Illinois ("936 Westcliff Property' (the 924 Westcliff Property and the 936 Westcliff Property are, collectively, the "Properties'l, which is legally described in Exhibit B attached hereto and incorporated herein; and WHEREAS, on March 3, 2022, Theodore D. Kuczek sold the 936 Westcliff Property to the Waltzs, who are now the owners of the 936 Westcliff Property; and WHEREAS, on November 16, 2021, the Village adopted Resolution No. R-21-41, approving the subdivision of the Property into three lots of record ("Resolution's pursuant to a Plat of Subdivision titled, "Kuczek Subdivision," recorded with the Lake County Recorder of Deeds as Document No. 7859729 ("Plat"); and {00124529.4} WHEREAS, as a condition of the Resolution, the Kuczeks entered that certain Impact Fee Agreement dated December 23, 2021 ("Agreement'j, which Agreement was recorded as Document No. 7873060; and WHEREAS, the Agreement stipulates when the Owners are required to pay impact fees for the Properties; and WHEREAS, the Village and the Owners desire to amend the Agreement to release the 936 Westcliff Property and a portion of the 924 Westcliff Property from the obligations of the Agreement; and NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good valuable consideration, it is agreed by and between the Village and the Owners as follows: 1. Recitals. The Recitals set forth above are hereby incorporated by this reference and shall be deemed terms and provisions hereof with the same force and effect as if fully set forth in this Section 1. 2. Defined Terms. Capitalized terms which are not otherwise defined herein shall be deemed to have the same meanings herein as are ascribed to such terms in the Agreement. 3. Amendment to Section 3 of the Agreement. Section 3 of the Agreement shall be amended and read as follows: "3. As a result of the foregoing, Owner agrees to pay for Lot 2 identified on the Plat: (a) an impact fee of $3,823.75 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 $2,651.25 as a contribution in lieu of dedication of a school site for the benefit of the Deerfield Township High School District No. 113." 4. Amendment to Section 4 of the Agreement. Section 4 of the Agreement shall be amended and read as follows: "4. Owner further agrees to pay for Lot 2 identified on the Plat an impact fee of $9,531.38 as a contribution in lieu of dedication of land for park and recreational for the benefit of the Deerfield Park District." 5. Amendment to Section 5 of the Agreement. Section 5 of the Agreement shall be amended and read as follows: "5. Owner further agrees to pay for Lot 2 identified on the Plat an impact fee of $2,598.89 to the Village as a contribution in lieu of dedication of land for Village and library site use." {00124529.4} 2 6. Amendment to Section 6 of the Agreement. Section 6 of the Agreement shall be amended and read as follows: "6. Owner further agrees to pay an impact fee for Lot 2 of $19.07 as a contribution in lieu of dedication of land for fire protection facilities to the Deerfield -Bannockburn Fire Protection District." 7. Amendment to Section 7 of the Agreement. Section 7 of the Agreement shall be amended and read as follows: 7. The fees set forth in Paragraphs 3-6 above shall be payable upon the Village's issuance to Owner of the building permit for construction of any single-family residence on Lot 2." 8. Release from Obligations. The Owners are hereby released from any obligations set forth in the Agreement related to Lot 1 and Lot 3 identified on the Plat recorded with the Lake County Recorder of Deeds on January 7, 2022 as Document No. 7859729. 9. Effect of Amendment. This Amendment modifies and amends the Agreement and the terms and provisions hereof shall supersede and control over any contrary or conflicting terms and provisions set forth in the Agreement. The Agreement, as amended by this Amendment, is hereby ratified and remains in full force and effect. 10. Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original document and together will constitute the same instrument. 11. Severability. If any term, covenant, condition, or provision of this Amendment is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the Village will have the right, in its sole and absolute discretion, to determine if (i) the remainder of the provisions of this Amendment will remain in full force and effect and will in no way be affected, impaired, or invalidated, or (ii) the entire Amendment shall be invalid, void, and unenforceable. 12. Recording. The Village will record this Amendment against the Properties with the Lake County Recorder of Deeds following the full execution of this Agreement by the Parties. [SIGNATURE PAGE FOLLOWS] {00124529.41 3 ATTEST' By: 1. Y� G nd SUBSCRIBED and SWORN to before me this _,_�'' day of �`l F 2022. Notary Public ATTEST: THEODORE D UCZEK By: f OFFICIAL SEAL R06ERT BRANDT NOTARY PUBLIC, STATE OF ILLINOIS MY Commission Expires 03-04-2023 By: CHERYL J. KUCZEK By: cjj SUBSCRIBED and SWORN to before me this 2 Sn day of t 2022.FOTARY ICIAL SEAL RT BRANDT C, STATE OF ILLINOIS Expires 03.04-2023 Notary Public {00124529.4) 4 ATTEST: SUBSCRIBED and SWORN to before me this _3R� day of 2022, Oftial seal Laura Jane Olson NoohNqry Public Stab of ftais Iwtgtary faU�il ..—y-C&i'rn` U6n Expires 10/0112023 ATTEST- SUBSCRIBED and SWORN to before me this 3 ? day of OMlaal Seel Laura Jane Olson _ Notary Public state of lMnoN Notary Public MY Cow won Expires 10/b1/= ASHLEY C. WALTZ : I �Jjf 'U40. {OOI 24a29.4� ATTEST: M.e.1z Ilage Clerk SUBSCRIBED and SWORN to before me this 2,7*1 day of M" , 2022. L L. & L' Notary Public OFFICIAL SEAL DANIEL VAN DUSEN NOTARY PUBLIC, STATE OF ILLINOIS MY COMNMSSION EXPIRES:11102/2025 DANIEL C. SHAPIRO By: f Its: Village President {00124529.41 6 EXHIBIT A LEGAL DESCRIPTION OF 924 WESTCLIFF PROPERTY Lots 2 and 3 in Kuczek subdivision, being a resubdivision of Lots 1 and 2 in Block 26 in H. M. Cornell Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat of said resubdivision recorded January 7, 2022 as Document No. 7859729 in Lake County, Illinois PIN: 16-28-412-002 Commonly known as: 924 Westcliff Lane, Deerfield, Illinois 60015 {00124529.4} 7 EXHIBIT B LEGAL DESCRIPTION OF 936 WESTCLIFF PROPERTY Lot 1 in Kuczek subdivision, being a resubdivision of Lots 1 and 2 in Block 26 in H. M. Cornell Company's Briarwoods, a Resubdivision of Blocks 4, 6, 7, 8, 9, 11 and 12, Lots 1 to 24, Both Inclusive, in Block 20, Blocks 21, 22, 25, 26, 27, 28 and 29 in H.O. Stone and Company's Addition to Deerfield in Sections 28 and 29, Township 43 North, Range 12, East of the Third Principal Meridian, according to the Plat of said resubdivision recorded January 7, 2022 as Document No. 7859729 in Lake County, Illinois PIN: 16-28-412-001 Commonly known as: 936 Westcliff Lane, Deerfield, Illinois 60015 {00124529.4} 8