R-78-X4RESOLUTION R -78-
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A RESOLUTION APPROVING AN AMENDMENT TO AN ANNEXATION AGREEMENT
BETWEEN THE VILLAGE OF DEERFIELD AND JAMES E. O'HALLORAN, S. GUY FISHMAN,
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EDWIN McQUIRE AND JOSEF CEISEL
WHEREAS, JAMES E. O'HALLORAN, S. GUY FISHMAN, EDWIN MCGUIRE AND JOSEF
CEISEL are the owners of record of certain real estate, the legal description
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of which is set forth in the attached Amendment to Annexation Agreement; and
WHEREAS, the Village of Deerfield and said owners had previously entered
into an Annexation Agreement dated as of April 8, 1974 and as previously
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amended covering the same real estate; and
WHEREAS, pursuant to the provisions of Section 11- 15 -1.1, et sec., of the
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Illinois Municipal Code, said owners submitted to the corporate authorities of
the Village of Deerfield a proposed Amendment to Annexation Agreement with
respect to their real estate, a copy of which Agreement is attached hereto and
made a part hereof; and
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WHEREAS, pursuant to'notice as required by statute and ordinance, a public
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hearing was held by the Plan Commission of the Village with respect to the
request of said owners to approve an amendment to Ordinance No. 74 -49 granting
a Special Use - Planned Business Development so as to permit the development of
real estate in the manner proposed in the attached Amendment to Annexation
Agreement, and written findings of fact and recommendations with respect
thereto were made by said Plan Commission and submitted to the corporate
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authorities; and
WHEREAS, pursuant to notice as required by statute and ordinance, a public
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hearing was held by the corporate authorities of the Village with respect to
the terms and conditions of said Amendment to Annexation Agreement; and
WHEREAS, the corporate authorities; after due and careful consideration,
have concluded that the development of the subject property pursuant to the.,
terms and conditions set forth in said attached Amendment to Annexation ,
Agreement would further the growth of the Village,,enable the Village to.
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control the development of said property and subserve the best interests of
the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS; AS FOLLOWS:
SECTION That the Amendment to Annexation Agreement between the Village
ONE: of Deerfield and James E. O'Halloran, S. Guy Fishman, Edwin A.
McGuire and Josef J. Ceisel, a copy of which is attached hereto
and made a part hereof, be and the same is hereby approved.
SECTION That the President and Clerk of the Village of Deerfield are
TWO: hereby authorized and directed to execute said Agreement.
AYES.•
NAYS:
ABSENT:
PASSED this -day of A.D., 1978.
APPROVED this day of A.D., 1978.
ATTEST:
VILLAGE CLERK
VILLAGE PRESIDENT
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AMENDMENT TO ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of
A.D., 1973, by and between the VILLAGE OF DEERFIELD, ILLINOIS (some-
times for convenience hereinafter referred to as "Village ") , by and
through the President and Board of Trustees of the Village of
Deerfield (sometimes for convenience hereinafter collectively refer-
red to as the "Corporate Authorities ") , and S. GUY FISHMAN, EDWIN A.
McGUIRE, JOSEF J. CEISEL and JAMES E. O'HALLORAN (sometimes for con-
venience hereinafter collectively referred to as the "Owners "):
W I T N E S S E T H:
WHEREAS, the Owners are the owners of record of the real estate
described on Exhibit A,. which is attached hereto and made a part
hereof (which real estate, for convenience, may hereinafter be
referred to in its entirety as the "Subject Property "); and
WHEREAS, the Owners have previously entered into an Annexation
Agreement with the Village of Deerfield ..dated as. of April 8, 1974
and as subsequently amended, and the Village of Deerfield has annexed.
the Subject Property by duly enacted ordinance and has grante.d the..
Special Use Planned "Development by duly enacted ordinance as called
for in said Annexation Agreement; and
WHEREAS, the Annexation Agreement, as amended; had attached
thereto as Exhibit C a pictoral .representation of the development of
Parcel 2 'including two office buildings and a free standing restau-
rant; and
WHEREAS, the Owners desire and propose to amend development.plans
for the Subject Property to develop the approximate westerly ten
acres of the Subject Property (Parcel 2) with a single srru ctuue
designed for office use and a free standing restauf.ant structure . in
accordance with and pursuant to a .certain revised plan of dnvelopnl °lit
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prepared by S. Guy Fishman & Associates ofr Northbrook, Illinois, a
copy of. which revised plan of development, dated October 2, 1978, and
marked Exhibit B is attached hereto and made a part hereof; and
WHEREAS, the Corporate Authorities, after due and careful consi-
deration, have concluded that the proposed revision of the .Annexation
Agreement on the terms and conditions hereinafter set forth would
.further the growth of the Village, enable the Village to control the
development of the area and subser.ve the best interests of the
Village; and
WHEREAS, pursuant to notice as required by statute and ordinance,
public hearings were held by the Plan Commission of the Village of
the requested approval and granting of a revised Special Use - Planned
Unit Development and recommendations made by said Commission were
submitted to the Corporate Authorities; and
WHEREAS, pursuant to the provisions. of Section 11- 15.1- 1',.et sea.
.of the Illinois Municipal Code (Chapter 24, Illinois Revised'
Statutes, 1977), a proposed Amendment to Annexation. Agreement in
substance and in form the same as this Agreement' was submitted to
the Corporatt Author_i ltie , and a public hear_ ng' tias held thereon pur-
suant to notice as provided by statute.
NOW, -THEREFORE, in consideration of the premises and of' the
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nut ial covenants and agrae:nencs herein contained, T ?{i T:LR. El,
BY.
AS FOLLOWS0
1. This Agreement is made pursuant to and in accordance with
the provisions of Section 1.1- 15.1 -1, et spa. of the Illinois Munici-
pal Code (Chapter 24, Illinois Revised Statutes, 1977, as amended).
2. Following approval of a Resolution authorizing the. execu-
tion of the Amendment to Annexation Agreement, the Corporate Author-
ities shall adopt an ordinance authorizing zind granting a r-�?vised
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Special Use - Planned Development with respect to Parcel 2, which
ordinance shall be in substance and in form the same as that attached
-hereto as Exhibit_C and made a part hereof, and approving the revised
Plan of Development attached as Exhibit B hereto.
3. Except to the extent specifically amended hereby, all terms
and provisions of the Annexation Agreement, as amended, between the
Owners and the Village of Deerfield dated as of April 8, 1974, shall
remain in full force and effect.
4. This Amendment to Annexation Agreement shall be binding upon
the parties hereto, their respective successors and assigns for the
full term of the Annexation Agreement, as amended, . dated as of April
8, 1974., and for such further term as may hereaf ter be authorized by
law.
IN . WITNESS WHEREOF, the Corporate Authorities and 'o,.-Tors shave
hereunto set their hands and seals and have caused this instrument
to be executed by their duly authorized officials. and the corporate
seal affixed hereto, all on the day and year first above written.
VILLAGE, OF DEERFIE.LU
By _
ATTEST:
OTiTN ERS
S. GUY f - SHP-�r1�1__ F�� °)I`I A. :C
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JUSLC J. E. 0' �i T.,LORi�T�, --
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