R-84-09.e'
RESOLUTION NO. R -84 -09
RESOLUTION APPROVING AN ANNEXATION'AGREEMENT
WHEREAS, Harris Trust and Savings Bank, as Trustee under the
provisions of a Trust Agreement dated August 22, 1980, known as
Trust No. 40599, Harris Trust and Savi.ngs Bank, as Trustee under the
provisions of a Trust Agreement dated October 12, 1983, known as
Trust No. 42460 and Carl G. Schmidt, as Trustee of the Carl G.
Schmidt Trust under the provisions of a Trust Agreement dated
January.4, 1972, (collectively the "Owners "), are the Owners of
record and Lake - Cook /Tollway Associates, an Illinois Limited
Partnership, is the developer (the "Developer ") of certain real
estate, the legal description of which is set forth in Exhibit A to.,
the attached Annexation Agreement; and
WHEREAS, the Annexation Agreement also pertains to the property
described in Exhibit A which is referred to in-the Annexation
Agreement as the "Property "; and
WHEREAS, pursuant to the provisions of Section 11.15 -1.1, et
seq., of the Illinois Municipal Code, said Owners and the Developer
submitted to the Corporate Authorities of the Village of Deerfield a
proposed Annexation Agreement with respect to the Property, a copy
of which is attached hereto and made a part hereof;.and
WHEREAS, pursuant to.notice as required by statute and
ordinance, a public hearing was held by the Board of Zoning Appeals
and the Plan Commission of the Village with respect to the request
of said Owners and the Developer to permit the development of the
Property in the manner proposed in the attached Annexation Agreement
and Exhibits attached thereto and made a part thereof, specifically
including the Development Plan and written findings of fact and
recommendations with respect thereto were made by said Board of
Zoning Appeals and Plan Commission and.submitted to the Corporate
Authorities; and
WHEREAS, pursuant to notice as required by statute and ordinance
a public hearing was held by the Corporate Authorities of the
Village with respect to the terms and conditions of said Annexation
Agreement; and
WHEREAS, said Corporate Authorities, after due and careful
consideration, have concluded that the development of the Property
on the terms and conditions set forth in said attached Amendment to
Annexation Agreement would further the. growth of the Village, enable
the Village to control the development of said .property and subserve
the best interests of the Village.
r
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,.
ILLINOIS, AS FOLLOWS:
V
SECTION That the Annexation Agreement between the Village
ONE: of Deerfield and Harris Trust and Savings Bank, as
Trustee under the provisions of a Trust Agreement
dated August 22, 1980, known as Trust No. 40599, Harris Trust and
Savings Bank, as Trustee under the provisions of a Trust Agreement
dated October 12, 1983, known as Trust No. 42460 and Carl G.
Schmidt, as Trustee of the Carl G. Schmidt Trust under the
provisions of a Trust Agreement dated January 4, 1972 and
Lake - Cook /Tollway Associates, along with all Exhibits thereto:,
specifically including the Development Plan comprised of a Site Plan
and related drawings prepared by Skidmore, Owings and.Merrill`.
entitled "Lake Cook Tri -State Office Park ".dated as revised
July 2 , 1984 and drawings prepared by Solomon,
Cordwell, Buenz & Associates, Inc., entitled "Embassy Suites Hotel,"
dated as revised July 2 , 1984, a copy of which is
attached to the Annexation Agreement be and the same is hereby
approved.
SECTION That the President and Clerk of the Village of
TWO: Deerfield are hereby authorized and directed to
execute said.Annexation Agreement.
AYES: Jackson,,'Marovitz, Seidman, Swanson,. York (5)
NAYS: None (0) .
ABSENT: Marty (1) :,..
PASSED this 2nd day of July A.D. , 1984.
APPROVED this 2nd day of Juiy A.D., 1984.
V LLAGE PRESIDENT
ATTEST:
VILLAGE C ER
0002/1598
ANNEXATION AGREEMENT
Revised 7/2-/84
This agreement (the "Agreement ") is made and entered into
this 2nd. day of July , 1984 by and between the
VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the
"Village ") by and through its President and Board of Trustees
(the "Corporate Authorities "); LAKE - COOK /TOLLWAY ASSOCIATES, an
Illinois limited partnership (the "Developer "); and HARRIS TRUST
AND SAVINGS BANK, as Trustee under the provisions of a Trust
Agreement dated August 22, 1980, known as Trust No. 40599,
HARRIS TRUST AND SAVINGS BANK, as Trustee under the provisions
of a Trust Agreement dated October 12, 1983,.known as Trust No.
42460 and CARL G. SCHMIDT, as Trustee of the Carl G. Schmidt
Trust under the provisions of a Trust Agreement dated January 4,
1972 (collectively the "Owners "). The Village, the Corporate
Authorities, the Developer and the Owners are sometimes herein-
after collectively referred to as the "Parties ".
WITNESSETH:
WHEREAS, the Owners are the owners of record of an approxi-
mately 38-acre parcel.of real estate located on Lake -Cook Road
adjacent to the Illinois Tollroad in Cook County, Illinois,
which parcel is legally described on Exhibit A attached hereto
and made a part hereof (the "Property "); and
WHEREAS, the Property is not situated within the limits of
any municipality, but is contiguous to the corporate boundaries
of the Village; and
WHEREAS, the Owners and Developer desire and propose to
annex the Property to the Village and to develop (or cause to
deveelop) the Property upon certain terms and conditions herein-
after set forth and in accordance with (a) the Site Plan and
related drawings prepared by Skidmore, Owings and Merrill
entitled "Lake Cook Tri -State Office Park ".. dated.as revised
June.29, 1984, and (b) the drawings prepared. by Solomon,.
Cordwell, Buen2 & Associates, Inc. entitled. "Embassy Suites
Hotel ", dated as revised June 8, 1984, which drawings
0002/1598
constitute the preliminary development plan for the Property
(the "Development Plan ") and are attached hereto and made part
hereof as Exhibit B; and
WHEREAS, the Development Plan contemplates a mixed -use
development upon the Property including office and hotel uses as
described in the Development Plan; and
WHEREAS, the Owners and Developer further desire that the
.Corporate Authorities amend the text of the Village zoning
ordinance, as hereinafter described; to permit hotels and
accessory uses (as such accessory uses are defined in the
Village zoning ordinance) within a Planned Unit Development in
the I -1 zoning district; and
`'' WHEREAS, the Owners -and Developer further desire that the
-Corporate Authorities of the Village amend the text of the
Village Municipal Code, Chapter 3, "Alcoholic Beverages" to
permit the service of alcoholic beverages within the proposed
hotel as hereinafter described; and'
WHEREAS, the Corporate Authorities; after due and careful
consideration, have concluded that the annexation of the Proper-
ty to the Village, on the terms and conditions hereinafter set
forth, and the unified development of the Property, as provided
herein, would further the growth of the Village, increase its
tax assessable values, enable the Village to control the devel-
opment of the Property and would be in the best interests of the
Village; and
WHEREAS, pursuant to the provisions of Section 11- 15.1 -1 of
the Illinois Municipal Code (Chapter 24, Illinois Revised
Statutes, 1983, as amended), a proposed annexation agreement,.
the same in form and substance as this Agreement, was submitted
to the Corporate Authorities and a public hearing was held
thereon pursuant to notice as provided.by statute and ordinance;
and
WHEREAS, pursuant to notice as required by statute and.
ordinance, a public.hearing has-been -held by the Board of.Zoning
Appeals of the.Village with regard to certain height limitation
variations necessary to implement the Development.Plan - and by
2
the Plan Commission with regard to
of the Property, the amendments to
ordinance and the Special Use appr
the Development Plan, and the Plan
Zoning Appeals of the Village have
recommendations of approval of the
Corporate Authorities; and
the annexation and re- zoning
the text of the zoning
Dvals necessary to implement
Commission and Board of
submitted their respective
aforesaid requests to the
WHEREAS, pursuant to.the provisions of Section 7 -1 -8 of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes,
1983, as amended), a proper petition for annexation, conditioned
upon the execution of this Agreement pursuant to adoption of an
ordinance approving its terms, was filed with the Village Clerk;
and
WHEREAS, due and proper notice of the proposed annexation
has been given to the Trustees of the Northbrook Rural Fire
Protection District more than 10 days.-prior to any action taken
with respect to the aforesaid petition for annexation;
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements herein contained, it is hereby
agreed by and between the parties hereto as follows:
1. This Agreement is made pursuant to and in accordance
with the provisions of Sections 11- 15.1 -1, et seq. of the
Illinois Municipal Code (Illinois Revised Statutes, 1983, as
amended).
2.. The Developer and Owners have filed a proper petition
for annexation with the Village Clerk which is conditioned upon
the execution by the Village of this Agreement, in accordance
with the terms and provisions contained herein, to annex the
Property.to the Village.
3. Following the execution of this Agreement, the Corpo-
rate Authorities shall enact an ordinance annexing the Property
to the Village, as shown on the Plat of Annexation attached
hereto and made a part hereof as Exhibit C.
4. Immediately upon annexation of the Property, the
Corporate Authorities shall adopt an ordinance or ordinances
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' 0002/1598
which shall re -zone the Property to the I -1, Office, Research
and Restricted Industrial zoning district.
S. The Village hereby approves the Development Plan.
Said Development Plan contemplates the construction and opera-
tion upon the Property of three six -story office buildings (with
professional office and accessory uses as set forth in the
Village zoning ordinance), a 242 room hotel, including one
manager's apartment, (with accessory uses as set forth in the
Village zoning ordinance) and accessory parking (consisting of
on -grade and structured). Said Development Plan further contem-
plates a site density not in excess of .499 as measured by the
gross building area of the three office buildings plus the hotel
building divided by the total site area of the Property, exclud-
ing the property, described in paragraph 8D hereof, proposed to
be dedicated as a right -of -way along Lake -Cook Road. Said
Development Plan further contemplates that, pursuant to said
site density, the three office buildings shall contain a total
of approximately 598,650 square feet of -gross building area, as
measured from outside glass line to outside glass line excluding
atrium areas above grade or first floor level, and that the
hotel building shall contain a total of.approximately 224,372
square feet of gross building area, as measured from outside
wall to outside wall, excluding atrium areas above grade or
first floor level. Said Development Plan further contemplates
the-following variations from the terms of the Village zoning
ordinance:
(1) the three proposed office buildings may be
built upon the Property.to heights not exceeding 75
feet, including mechanical appurtenances and parapet
walls, as measured from fixed points indicated on the
Site Plan drawing of the Development Plan, which points
are located approximately 683 feet above sea level.
(2) the proposed hotel building may be built upon
the Property to a height not exceeding 75 feet, including
mechanical appurtenances, skylights and parapet walls,
as measured from a fixed point indicated on the Site
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0002/1598
Plan drawing of the Development Plan, which p,:,int is
located approximately 678.8 feet above sea level.
(3) the number of parking spaces required for the
office uses upon the Property shall be reduced -to 3.3
spaces per 1000 square feet of gross building area,
measured from outside glass line to outside glass line
excluding atrium areas above grade or first floor
level and excluding the areas defined in Article 8,
Section 8.2- 4(1)(a) through (c) of the Village zoning
ordinance, with the condition that (i) an additional
.7 spaces per 1000 square feet of gross building area,
as so defined, will be provided, in the location in-
dicated on the Development Plan ( "Land Bank Area ") if
required to meet future parking demands as determined
by the Village; and (ii) until such time as said ad-
ditional parking is constructed, said Land Bank Area
shall remain landscaped as shown on the Development
Plan. The hotel use shall be_ provided with 1.4 parking
spaces per.guest room.
(4) the size of the parking stalls required upon
the property shall be reduced to 8 1/2 feet in width
by 18 feet in length and the maintenance of a curb and
grass area (rather than pavement), as shown on the
Development Plan, for the purpose of allowing an
y
overhang for parked automobiles, shall be permitted.
(5) Parking shall be permitted on the Property
within the setbacks along the southern and western
frontages of the Property and along the Lake -Cook Road
frontage of the Property.
(6) The landscape screening requirements shall be
modified in accordance with the Development Plan from
those requirements which would otherwise apply to
parking along the southern and western frontages of
the Property.
(7) All requirements for roping the parking areas
and providing wheel stops upon the Property shall be
waived.
5.
.0002/1598
6. A. Upon submission of a final development plan, as
defined by Article 12, Section 12.9 -6 of the Village zoning
ordinance, for the entire Property or for portions thereof,
which is substantially in conformance with the Development Plan,
or phases thereof, the Corporate Authorities of the Village
shall adopt an ordinance or ordinances approving a Special Use
for an I -1 Planned Unit Development (Industrial Planned Unit
Development) upon the Property (the "I -1 /PUD Ordinance ") or
portions thereof. Said I -1 /PUD Ordinance shall permit and
authorize the development of the Property, in accordance with
the Development Plan, shall grant those.variations described
above in Paragraph 5 and shall authorize any other action
necessary to implement the Development Plan. In the event that
the Development plan is to be accomplished in separate phases
and the Developer,.pursuant to said phasing and prior to con-
struction of each phase, submits to the Corporate Authorities
final development plans applicable to discrete and separable
phases of, and substantially in conformance with, the Develop-
ment Plan, the Corporate Authorities of the Village shall adopt
ordinances as described above which are applicable to each such
final development plan. Said ordinances shall permit, grant or
otherwise authorize any and all uses, structures or variations
described above in paragraph 5 as said uses, structures or varia-
tions may be applicable to each submitted final development plan.
B. Concurrently with the adoption of said I -1 /PUD
Ordinance for that phase of the project herein proposed which
includes the hotel, the Village shall adopt the text.amendment
in form attached hereto as Exhibit D which shall amend the text
of Article 6, Sections 6.1 -3 and 6.1 -5, Article 8, Section.
8.2 -5(2) and Article,14, Section 14.2 of the Village zoning
ordinance to permit hotels and accessory uses (as such accessory
uses are defined in the Village zoning ordinance).as a Special
Use within the Planned Unit Development in the I -1 zoning
district (Industrial Planned Unit Development) upon the Property..
C. Concurrently with the adoption of said I -1 /PUD
Ordinance for.that phase of the project herein proposed which
0
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0002/1598
includes the hotel, the Village shall adopt the text amendment
in form attached hereto as Exhibit E which shall amend the text
of Chapter 3, "Alcoholic Beverages," of the Deerfield Municipal
Code to provide for a class of liquor license permitting alco-
holic beverage service within a hotel and other related activi-
ties. It is understood that the Village,.by and through the
appropriate authority thereof, shall, upon proper application of
the operator of the hotel proposed pursuant to the Development
Plan, duly consider and make best efforts to grant said operator
a liquor license pursuant to the class of license hereinabove
described.
7. Upon submission of an appropriate petition, the
Village Plan Commission shall consider, as a recommendation to
amend the I -1 /PUD Ordinance, such modifications, variations or
text amendments to the terms of Article 9.of the Village zoning
ordinance as are necessary to fully implement the Developer's
proposal for the,installation of signs upon the Property (the
"Sign Plan "). Upon the Plan Commission -'s recommendations to the
Board of Trustees with regard to the 'requested Sign Plan approv-
al, said Board of Trustees shall consider adopting an ordinance
Approving said modifications, variations or text amendments as
an amendment to the I -1 /PUD Ordinance. Any such amendment to
the I -1 /PUD Ordinance shall constitute a valid amendment to the
Development Plan, as herein defined.
8. Pursuant to Village requirements, the Developer
submitted a traffic engineering study prepared by Barton- Aschman
Associates, dated March, 1984 (the "Traffic Study ") which
Traffic Study is a required submission contained within the
Development Plan. Pursuant.to certain recommendations and.'
findings of said Traffic Study,. it is agreed that the following
road and traffic improvements shall be undertaken, solely to the
extent and in the manner hereinafter described:
A. The Developer shall construct, or cause to be
constructed, at no expense to the Village of Deerfield, in accor-
dance with Village ordinances, standards and requirements and
upon receipt of.any necessary.governmental approval or-permits,
the following:
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0002/1598
(1) the improvements located on the south side of
Lake -Cook Road as shown on the drawing entitled "Recommend -,,
ed Roadway Improvements" attached hereto and made part
hereof as Exhibit F;
(2) the improvements located on the North side of
Lake -Cook Road, west of the center line of Wilmot Road, as
shown on said Exhibit F; provided that in no event shall
the Developer be obligated to purchase, pay for or other-
wise acquire any rights -of -way or other rights or authority
necessary to undertake said improvements. In the event that
said improvements are undertaken and completed by individuals,
organizations,or entities other than the Developer or the
authority necessary to undertake said improvements upon said
property is not provided or otherwise conferred upon the
Developer, the Developer shall have no obligation to construct,
or cause to construct, said improvements; and
(3) any traffic signal modifications required by the
Cook County Highway Department in connection with the
improvements stated in section (1) or (2)*of this para-
graph 8A; provided that (a) such modifications are located
at or near the intersection of Lake -Cook Road with Wilmot
Road, Birchwood Avenue or Pine Street and (b) Developer
shall have no obligation to construct, cause to be constru-
cted or to pay for the construction of said traffic signal
modifications subsequent to final approval by said Cook
County Highway Department of said improvements described in
section (1) or (2) of this paragraph 8A.
B. The Developer shall contribute a pro -rata portion
of the cost of the re- alignment of Huehl. Road so that it aligns
and meets the:'nearby Birchwood Avenue intersection with
Lake -Cook Road, as described in paragraph 11 of the Annexation
Agreement, executed February 15, 1980 by and between the Village
of Deerfield and LaSalle National Bank, T /U /T No. 44913, dated
October30, 1972, and the beneficiaries of said Trust,.as
amended (the "Stone - Brandel Agreement. "). It is understood that
A
0002/1598 a.
the Village will enforce the terms of said paragraph 11 requir-
ing the dedication of such property as may be necessary to
implement said re- alignment. It is further understood that any
such dedication of Huehl Road shall extend no further south than
the north line of that portion of the Property which is directly
adjacent to Huehl Road as said line is extended east.
C. The Developer shall contribute a pro -rata portion
of the cost, as determined by the Village, on the basis of
benefit, impact and use, of the installation of a traffic signal
at the intersection of Lake -Cook Road and Birchwood Avenue and
shall cooPerate with the Village in the construction and instal-
lation thereof. It is understood that said traffic signal shall
be constructed at no cost to the Village. It is further under-
stood that the Village will enforce the terms of paragraph 13 of
the Stone - Brandel Agreement wherein the owners, as designated by
that agreement, are obligated to pay a pro -rata portion of the
cost of the aforesaid traffic signal.
D. The Developer shall dedicate to the County of
Cook that portion of Lake -Cook Road (approximately 50.feet south
of the center line thereof) which at the time of the execution
of this Agreement falls within the boundaries of the Property,
as the Property is legally described herein, and shall pass
legal title thereto by appropriate legal documents.
E. In the event that the proposed Tollway inter-
change between Lake -Cook Road and the Tri -State Tollway, as
described in the Traffic Study, is approved by the appropriate
governmental authority and prior to the commencement of con-
struction of such interchange, the Developer shall create and
cooperate in the creation of a perpetual easement (or such other
appropriate right), by the appropriate legal documents, in that
portion of the Property so.designated on the Development Plan,
for the.construction, use and maintenance of a highway ramp
structure or other structures, improvements or appurtenances
-necessary to implement. said Tollway interchange, for the benefit
of the appropriate governmental authority.
9
I
9. A. Pursuant to the Amended and Restated Annexation
,Agreement, dated March 9, 1984, by and between the Village of
Deerfield, S. Guy Fishman, Edwin A. McGuire, Joseph J. Ciesel,
James E., O'Halloran, Jr., LaSalle National Bank T /U /T No. 52096,
dated April 11, 1977, LaSalle National Bank T /U /T No. 54210,
dated April 19, 1978, Northbrook Trust and Savings Bank, T /U /T
No. LT -2048, dated February 27, 1979, Northbrook Trust and
Savings Bank, T /U /T No. LT -2049, dated February 27, 1979 and
Travenol Laboratories, Inc. (the "Fishman- Baxter Agreement "),
certain terms and conditions of the original Annexation Agree-
ment between the above -named parties, dated April 8, 1974, were
revised. Pursuant to the terms of the Fishman - Baxter Agreement,
it was agreed that an easement would be granted for the benefit
of the Property to permit the use of the frontage road and the
driveway entrances onto Lake -Cook Road which lay within the
boundaries of the property which is the subject of said Fishman -
Baxter Agreement (the "Fishman- Baxter Property "). It was
further agreed that said frontage road would be extended to the
western boundary of the Fishman- Baxter Property by.its owners to
service the traffic requirements of the Property as the Property
was then developed. The Fishman- Baxter Agreement further
provided that upon annexation of the Property to the Village of
Deerfield, the Fishman- Baxter Property owners would grant an
expanded use of said easement to service the Property as it may
be developed; provided that (1) a traffic study in connection
with the annexation and development of the Property was submit-
ted and approved by the Village and (2) the owners of the
Fishman- Baxter Property were not responsible for any costs
incurred in complying with said study nor any costs in expanding
said easement. It was further agreed that the Fishman - Baxter
Property owners would permit such modifications to the frontage
:Toad and driveway entrances into Lake -Cook Road as were required
In — connection with the development of the Property and that said
owners would execute such modifications of the easement as were
necessary to effectuate the aforesaid frontage.road and driveway
alterations (provided that no material interference with the use
10
0002/1598
of the Fishman- Baxter Property by its owners or tenants
resulted).
B. The Village hereby approves the above - mentioned
Traffic Study as specifically satisfying said requirements of
the Fishman- Baxter Agreement. The Village further hereby agrees
to enforce the terms of said agreement to insure that the grant
of the expanded use of the easement and the extension and
modification of the frontage road and driveway entrances and any
necessary modifications to the easement as hereinabove described
are fully performed. The Developer hereby agrees to contribute
the.entire cost of any improvements which are necessary to
expand or modify the use of said frontage road as extended or
driveway entrances as hereinabove described.
10. A. It is agreed that all on -site sanitary sewers,
storm sewers and /or water retention areas and water mains
necessary to serve the Property shall.be constructed and in-.
stalled at the expense of the Developer, in accordance with
Village ordinance requirements, and that the plans and the
specifications therefor are subject to the approval of the
Village Engineer. It is further agreed that (1) Developer shall
have the right.to connect the on -site water mains to the most
proximate existing Village water supply mains presently avail-
able to serve the Property and (2) Developer shall have the
right to connect the on -site sanitary sewer mains to the sani-
tary sewer outlet main located along Lake -Cook Road, as said
main is described in paragraph 10C hereof.
B. It is-understood that the Village sewage treat-
ment facility is presently operating at or near 95% of its total
operating capacity, that the remaining capacity equals approxi-
mately 1800 Population Equivalents, that the existing uses of
the Property utilize approximately 70 Population Equivalents,
that the Village treatment of the sewage generated by.the
project herein proposed is expected to utilize a total of
approximately 700 Population Equivalents [which represents an
increase of 630 Population Equivalents]'of the remaining.capaci-
ty stated above, that due.to requirements of the State
11
Vvv�� l.iiv
Environmental Protection Agency, the Village is approaching the
status under which no further building permits may be issued,
that the purchase, installation and operation of an additional
sewage "clarifier" will provide the Village with adequate
reserve capacity to permit future development within the corpo-
rate boundaries, and that such reserve capacity would be in the
best interests of the Village.
C. It is understood that, under the current sanitary
sewer system, sewage generated by the project herein proposed
will flow from the Property into the Village sanitary main
located along Lake -Cook Road until it reaches Pine Street and
then north along Pine Street to the sewage treatement facility,
that the Pine Street sewer main is presently inadequate to serve
such demand in addition to its present operating demand, that
the Village is presently undertaking investigations to determine
the feasibility of certain improvements to alleviate the pro-
;
jected demand on the Pine Street sewer main and that upon
completion of such investigations, the Village intends to
install certain improvements to alleviate said demand.
D. Pursuant to paragraphs 10A, 10B and 10C above,
i
the Developer agrees to:
(1) pay such tap -in charges as are uniformly applica-
ble generally to users of Village sanitary sewer
facilities, which charges arise from the connec-
tion of the Property, as described in.paragraph
10A above, to Village sanitary sewer facilities;
and
(2) pay such tap -in and user charges as are uniformly
applicable generally to users of Village water
facilities,_ which charges arise from the connec-
tion of the Property, as described in paragraph
10A above, to Village water.supply facilities and
the use of said water supply, and
(3) contribute to the Village the sum of.$325,000.00
toward the construction, operation and mainte-
nance of such sanitary sewer facility
12
V�JVG� 1J7J
improvements, repairs or replacements as arise
from the connection of the Property, as developed
pursuant to the Development Plan, which improve-
ments the Village determines are necessary and
appropriate including, but not limited to; the
purchase, maintenance and operation of the
aforesaid "clarifier" and also such improvements
as are deemed necessary by the Village to allevi-
ate the projected demand on the Pine Street
sewer, as discussed above. Said contribution
shall be paid to the Village upon the presenta-
tion of proof to the Developer of expenses
incurred or obligated to be paid for the purchase
of said "clarifier" or said improvements neces-
sary to alleviate the projected demand on the
Pine Street Sewer, and only in such amounts as
are necessary to satisfy said expenses or obliga-
tions. In the event that the sum stated above is
not completely paid out or obligated to be paid
out by the Developer prior to the issuance of the
necessary building permits on the last phase or
portion of the Development Plan the Developer
shall not be obligated to contribute any funds in
excess of those paid or obligated to be paid
prior to the issuance of such permit.. In no
event shall the Developer be obligated to con-
tribute or make any payments for sanitary sewer
facilities, other than tap -in fees, in excess.of
$325,000.00.
E. The Village hereby warrants and represents to the
Developer that all water facilities and all,sanitary sewer
facilities, as said sanitary sewer facilities are improved
pursuant to paragraphs 10B.and 10C hereof, which service the
Property, as developed pursuant to the Development Plan, shall
be adequate -and sufficient for said purposes.
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0002/1598
F. The Village hereby agrees that in the event the
improvements described in paragraphs 10B and 10C hereof are not ,
undertaken and completed, sanitary sewer capacity adequate to
service the Property, as developed pursuant to the Development
Plan, shall be reserved for the use of the Property from the
Village's existing sanitary sewer capacity. The Village further
agrees that, notwithstanding the completion or failure to
complete said improvements, upon proper application and payment
of tap -in fees, as said fees are described above, all sanitary
Newer and water tap -in permits and other sanitary sewer and
r Grater facility approvals necessary to implement the Development
:Plan shall be issued to the Developer.
G. It is recognized that if the sanitary sewer
facilities described above, including the "clarifier" and any
improvements necessary to alleviate the projected demand on the
Pine Street sewer, which are constructed or installed by the
Village benefit the owners of any other property, then the
Developer,. its grantees and assigns shall be entitled to recov-
er', upon enactment of an-ordinance.-which is mutually acceptable
to the Village Corporate Authorities and the Developer, from the
owners of such benefited properties, the latter's share of the
cost of such construction of said sanitary sewer facilities, as
said cost is determined by mutual agreement, between the Village
?
and the Developer, and the Village agrees, upon enactment of
said ordinance by the Village, that no benefited property owner
;shall be permitted to connect onto, utilize or otherwise benefit
from such sanitary sewer facilities without first reimbursing
the Developer, its grantees or assigns, as hereinabove provided.
11. A.. In the event that water supply or sanitary sewer
service, as, hereinabove described, are unavailable or inadequate
to service the Property, through no fault of the Developer, the
.Property shall, at the Developer's option, be immediately
de- annexed and disconnected from the Village.
B. In the event that (a:). upon proper application, a
liquor license is not granted to the operator of the hotel.
proposed pursuant to the Development Plan or (b) upon proper
14
OQo2/1598
petition, and following a public hearing by the Plan Commission
providing an opportunity for a full review of the Sign Plan, the
Village Board of Trustees (1) fails to adopt an ordinance
approving the variations, modifications or text amendments
necessary to implement that portion of the Sign Plan pertaining
to hotel advertising signs as recommended by the Plan Commission
and as acceptable to the hotel operator or (2) fails to adopt an
ordinance approving said variations, modifications or text
amendments notwithstanding the failure of the Plan Commission to
recommend approval, then that portion of the Property designated
on the Development Plan to contain the proposed hotel structure
and its related parking areas shall, at the Developer's option,
be immediately de- annexed and disconnected from the Village.
12. The Developer and the Owners agree to execute any
necessary and appropriate legal documents to annex to the
Deerfield Park District any portions of the Property which are
not presently within the corporate limits of another park
district and which otherwise conform to-any applicable state or
municipal requirements for such annexation.
13. ' Except as otherwise expressly provided in this Agree-
ment, all aspects of the development of the project herein
proposed; including the construction of buildings, facilities or
other improvements, and the use of the property, shall comply
with all applicable Village ordinances, codes and regulations.
14. All ordinances of the Village relating.to zoning,
subdivision control, building, and related ordinances in effect
as of the_date, hereof, shall, insofar as they may apply to the
Property, continue in effect during the full term of this
Agreement, with the exception of amendments updating the Vil-
lage's building ordinances and other .related technical codes or
ordinances. The Developer hereby recognizes and acknowledges
the validity and constitutionality of the present zoning and
:subdivision control ordinances of the Village.
15. It is further understood and agreed by the Parties.
that time is of the essence of this Agreement and that all
. Parties will make every reasonable effort to expedite'the
15
subject matters hereof. It is further understood and agreed by
the Parties that the successful performance of this Agreement
requires their continued cooperation.
16. Upon a breach of this Agreement, any of the Parties in
any court of competent jurisdiction, by any action or proceeding
at law or in equity, may secure the specific performance of the
covenants and agreements herein contained, may be awarded
damages for failure of performance or both, or may obtain
rescission and disconnection for repudiation or material failure
of performance. Before any failure of any party to this Agree-
ment to perform its obligations under this Agreement shall be
deemed to be a breach of.this Agreement, the party claiming such
failure shall notify, in writing, the party alleged to have
failed to perform of the alleged failure and shall demand
performance. No breach of this Agreement may be found to have
occurred if performance has commenced to the satisfaction of the
complaining party within twenty -one (21) days of the receipt of
such notice. -
17. The Parties agree that this Agreement and any exhibits
attached hereto may be amended only by the mutual consent of the
Parties, by the adoption of an ordinance or resolution of the
Village approving said amendment, as provided by law, and the
execution of said amendment by the parties or their successors
in interest.
18. Except as hereinafter.expressly provided, this Agree-
ment supercedes all prior agreements, negotiations and exhibits
and is a full integration of the entire agreement of the
parties.
19. This Agreement shall be binding upon the Parties and
their respective successors and assigns for the full statutory
term of ten (10) years, commencing as of the date hereof, and
for such further term as may hereafter be authorized by statute
or ordinance of the Village. Nothing herein shall in any way
prevent the alienation or sale of the Property, or any portion
thereof, except that said sale shall be subject to the provi-
16
. uuu2�15ya
sions hereof, and any successor owner shall be benefited and
bound by the conditions and restrictions herein expressed.
20. If any provision, covenant, agreement or portion of
this Agreement or its application to any person, entity or
property is held invalid, such invalidity shall not affect the
application or validity of any other provisions, covenants or
portions of this agreement and, to that end, any provision,
covenants, agreements or portions of this Agreement are declared
to be severable.
21. This Agreement is executed by the Owners as trustees.
No personal liability under this Agreement shall be asserted
against said trustees, all such personal liability being ex --
pressly waived and any liability for a breach of this agreement
or any of the covenants, undertakings and warranties herein
contained, shall be asserted solely against the Property and
against the Developer.
22. This Agreement may be executed in any number of
='•' " counterparts each of which shall be deemed an original, but all
of which shall constitute one and the,same instrument.
IN WITNESS.WHEREOF, the parties hereto have executed this
Agreement on the date first above written.
VILLAGE OF DEERFIELD, an
Illinois municipal corporation
ATTEST: By: _
P esident
Clerk
LAKE- COOK /TOLLWAY ASSOCIATES, an
11�4`�i mited partnership
ATTEST: By:
Its.
17
0
Q002/1598
ATTEST: ,
y
Secretary.
ATTEST:
.'45.5j,- Secretary
P
HARRIS TRUST AND SAVINGS BANK,
not personally, but as Trustee
under Trust Agreement dated August
22, 1980 and known as Trust No.
40599
By: -
Vice President
HARRIS TRUST AND ,SAVINGS BANK,
not personally but as Trustee.
under Trust Agreement dated
October 12, 1983 and known as
Trust No. 42460
By: -
Vice President
CARL G. SCHMIDT, not personally
but as Trustee under Trust Agreement
dated January 4, 1972 and known as
the Carl G. Schmidt Trust
18
Carl G. Schmidt, as Trustee
R•ANCsF,r, its JAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAID LOT !4— PRESENTED - -
ON MAP CI 64YlRttMtl.1T *SURVEY 706ETHER WITH THAT. PART Of TIM SOUTH HALF Of -
THE WtlT HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SECTION S, TOWNSHiP 42.
FtORT144, RANGE:12, EAST Of THE THIRD PRINCIPAL MERIDIAN, .ACCORDING TO THE PLAT
THERE(O'f RECORDED ON GOVERNMENT SURVEY DESCRIBED AS FOLLOWS: BEGINNi?gG AT
-A PCinMT ON—THE NORTH LiNE OF SAID SECTION 6, 268.65 FEET EAST OF THE NORTHWEST'
CORNET OF ThE EAST HALF Of SAiD LOT 2 IN THE NORTHEAST QUARTER OF SECTION
6; rMENCE SOUTHWESTERLY A DISTANCE OF 820.54 FEET, ALONG A LiNE FORMING AN
ANGLI! OF 1090 529 OS" FROM EAST TO'SOUTH.WfTH SAiD NORTH LINE OF SECTION
6; TIHENCE IN -A SOUTHEASTERLY DtRECTiON A DISTANCE OF 543.94 FEET. ALONG .A
LINE' FORMiNt.AM, ANGLE TO THE LEFT OF 780 58 ° -06" WITH THE PRECEDING. LINE
EXTENDED; THENCE SOUTHEASTERLY A DISTANCE OF 499.34 FEET ALONG A LINE FORMiNG
J AN ANGLE TO TMft 'LEFT AF 260-S' 23" WITH THE PRECEDING LiNE. EXTENDED; THENCE
EAST A DISTANCE OF 351.08 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF,*
SAID SECTION 6., 254.11 FEET. NORTH OF THE SOUTHEAST CORNER OR SAID LOT 2 iN
j THE.NORTHEAST,.QVARTER Of SAID SECTION 6; THENCE CONTINUING EAST ALONG THE
LAST:OESCR.IBED COURSE, A OISYANCE.OF 1338.65 FEET MORE OR LESS TO A POINT
!'ON THE EAST L NE OF THE WEST HALF: OF LOT 2 IN_ -_THE NORTHWEST QUARTER OP.-SECTION.
s 5,453.66 FEET NORTH OF THE SOUTHEAST .CORNER OF THE WEST. HALF OF SAID LOT
2; 51HENCE NOR-TH ALONG THE EAST LINE Of THE WEST HALF OF SAID LOT.2 TO THE'
J "NORYN LINE OF THE SOV?h HAL* OF THE WEST HALF OF SAID LOT 2; THENCE WEST
i ALONG SAID NORTH LINE OF THE SOUTH HALF OF THE WEST HALF OF LOT 2 IN THE
NORTHWEST QUieRTER OF SECTION S AFORESAID AND_ALONG THE SOUTH LINE OF THE
EAST S ACRES 01 THE NORTH HALF OF THE EAST HALF OF.'LOT 2 iN THE NORTHEAST
J "QUARTER OF SECTION 6 TO THE 'WEST LINE Of SAID EAST 5 ACRES OF THE NORTH HALF
OF THE EAST H'�it.F Of LOT 2 IN THE NORTHEAST.QUARTER Of SECTION 6; THENCE NORTH,
ALONG SAID WEST LINE OF THE EAST S ACRES TO THE NORTH LINE OF SECTION 6;
J THENCE WEST ALONG THE NORTH LINE OFF SECTION 6, 721.56 FEET MORE OR LESS-TO
THE PLACE OF BECINININS, (EXCEPTING FROM THE ABOVE DESCRIBED PREMISES THAT
`PART LYING WIST.Of THE EAST LINE .EXTENDED SOUTH OF THE. WEST 162 FEET OF THt
EAST S ACRES OF THE NORTH HALF OF THE EAST HALF OF LOT 2 IN THE NORTHEAST
y QUARTER OF SiICTiON 6 AFORESAID), IN COOK COUNTY, ILLINOIS.
i� AL 50
THAT. -PART OP'LOT 2 tN THE NORTHEAST QUARTER OF SECTION 60 TOWNSHIP 42 NORTH,.
RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SAIO.LOT. iS REPRESENTEti
ON iKAP OF GOVERNMENT SURVEY TOGETHER WITH THAT PART OF THE SOUTH HALF OF
THEWEST HALF OF LOT 2 IN THE NORTHWEST QUARTER OF SECTION .S, TOWNSHIP 42'
NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO_THE PLAT
THEREOF RECORDED ON GOVERNMENT SURVEY, UESCRItSED.AS FOLLOWS: BEGINNING AT
A�ROINT ON THE NORTH MINE OF SAID SECTION 6, 2.68.65 FEET EAST OF THE NORTHWEST
CORNER OF THE'-.EAST HA[F OF $AtD LOT 2 iN THE NORTHEAST QUARTER OF SECTION
61..'41ENCE SOUTHWESTERLY A DISTANCE Of 820.34.FEET ALONG A LiNE FORMING AN
A�IC�E: of :_l09!� s =!;:Oi.!_'IftOM lAST�.TO -30UYM W1TFf ,SAID NORTH. LINE OF SECTION
'6T " °t7 JCL' `lFlfr ittRL4t8tR1EC:TioN�A etsTllNCCr
01F.--:543 914 FEET.::ALONG A-
L; Twe FOR "IWIV`t';�*;AI E? �T+ 4�= T1����1R4" �`! 1� `��!iS�°`3�'�'86°'= lltTM' <'TNE PRECEDING LINE
*xrr1Vtwvj?, 77eawtg' sOUY tEASTERtY'' A - ®tSTAMCE OPT i.99.34 FEET ALONG . A LINE fORMtNC
AN:..M/CLE TO THE tE /T ®F '269 or 23 1' OATH. THE:: PRECEDING LINE EXTENDED; THENCE
EAST A DISTANCE OF 1511.08 FEET MOR__E ORS LESS PTO A POINT ON THE EAST LINE ,OF
ISAID 'SECTION 6,,2-54.It FEET NORTH Of THE SOUTHEAST CORNER OF-SAID LOT 2 iN
THE NORTHEAST' QUARTER OF SAID SECTION 6; THENCE CONTINUING 'EAST ALONG THE
tLAST DESCRIBED COURSE,, A. DISTANCE Of 1330.65 FEET MORE OR LESS TO A POINT
SON THE EAST LINE OF THE-WEST MALiF Of LOT 2 IN THE NORTHWEST QUARTER OF SAI(i.
!SECTION S, 253.66 FEET NORTHIOR- THE SOUTHEAST CORNER OF..THE.WEST HALF OF'.
CSAID LOT 2; ' THENCE NORTH ALONG THE EAST L`INt'OF THE:, WEST HALF OF. SAID 'LOT
12 TO THE NORT" LINE OF THE SOUTH HALF OF -THE 'WEST.-HALF OF, SAID .I.O.T.2; THENCE
AWES: ALONG SAIiD NORTH LINE OF THE SOUTH HALF OF.THE WEST HALF''OF.00T,2 IN
jTHE NOR"iHWEST QUARTER OF SECTION S AFORESAID AND ALONG THE SOUTH 11NE OF
;THE EAST S ACOMS OF THE NORTH HALF Of THE EAST HALF OF LOT 2 IN THE NORTHEAST
'QUARTER Of SAiD SECTION 6 TO A POINT 162 FEET EAST OF THE WEST-LINE 'OF SAiD.
'EAST 5'ACREES; THENCE NCYRTH ALONG A STRAIGHT LINE TO A POINT ON THE NORTH
ALINE OF SECTION 6 WHiCH!IS 162 FEAT EAST OF THE WEST LINE Of SAID EAST'5
;ACRES
; THENCE WEST ALONG THE NORTH LINE OF fAiD SECTION 6, 889.56 FEET. TO
{THE PLACE OF BEGINNING (EXCEPTING FROM THE ABOVE DESCRIBED PREMISES THAT
[PART :LYING EAST OF THE EAST LINE, EXTENDED SOUTH, OF. THE.WEST'162 FEET OF
INE EAST -.5 ACRES OF THE NORTH HALF OF THE EAST'HALF OF LOT,2 iN THE :NORTHEAST
OTARTER OF SECTION 6 AFM.ESAI IN COOK COUNTY, . ILLINOIS_.
,49f 17 iijo ye f A.2
&A Vfd z ,�.
EXHIBIT D
TEXT AMENDMENTS
1. "Hotels" should be added to the Special Use listing in
the I -1 Office Research Restricted Industrial District.
2. The
following text should be added to Article 6.1 -3 of
the
1 1,
No.
t
B.
Hotels, provided such use is developed as part of
a Planned Industrial Development of a minimum of
EXHIBIT D
TEXT AMENDMENTS
1. "Hotels" should be added to the Special Use listing in
the I -1 Office Research Restricted Industrial District.
2. The
following text should be added to Article 6.1 -3 of
the
Zoning Ordinance as a new Paragraph "8" to accomplish
No.
1 above:
B.
Hotels, provided such use is developed as part of
a Planned Industrial Development of a minimum of
30 acres; and. further provided that such Planned
Industrial Development shall include both office
and hotel uses and shall be located adjacent to
Interstate Highway 94 (also known as the Edens
Spur) and Highway 294 (also known as the Tri- State
Tollway). No hotel may be located within 600 feet
of the center line of Lake Cook Road.
3.
The following definition should be added to Article
14 of the Zoning Ordinance:
Definition of Hotel
'
A building containing not less that 75 and not
more than 300 individual sleeping rooms or suites
for the purposes of providing overnight lodging
facilities to the general public for compensation
and in which the principal means of ingress and
egress to and from all rooms is made through an
inside lobby supervised by a person in charge at
all hours and which provides a common entrance,
halls and stairways. Accessory uses, except as
modified by any other provisions of this Ordinance,
shall be limited to those uses customarily and
historically accessory to a,hotel and .provided
primarily for the comfort and accommodation of
guests of the hotel.
4... The following text amendment for accessory uses should
be adopted:
.Article 6.1 -5 Accessory Uses: Add a new
7. When part of a I -1 PUD, the following uses (in
addition to those uses provided primarily for
registered hotel guests which are customarily,and
historically accessory to a hotel). may be permitted
as accessory to a hotel use when located within
the hotel or when located on the hotel grounds,.
(exclmding the service and /or storage of alcoholic.`
beveraages] and /or operated primarily for the'.'use of.
the registered guests of the hotel:
r.
a...
Restaurant
b.'
Banquet and ballroom facilities (including
food and/or liquor service when required)
C.
Liquor service (including:
(1) lounge areas and
4
(2) free standing complimentary service
areas when limited to regui..= and
specified hours of daily service)
d.
Live entertainment
e.
Recreational and social facilities (swimming
pool, exercise limited to hotel guests and
their visitors
f.
Meeting /conference rooms
g.
Convenience item shops
h.
Laundry and housekeeping facilities
i.
Vending machines
The following parking requirements-should be adopted:
Parking
Article
8.2 -5, 2: Add new "m"
M. Hotels -- 1.4 parking spaces per guest room.
M yr
EXHIBIT E
TEXT AMENDMENT.
DEERFIELD MUNICIPAL CODE - "ALCOHOLIC BEVERAGES"
Revise Section 3 -1(4) "Definitions - Hotel" to conform with
the following language:
(4) ";Hotel ": Every building or other structure kept,
used, maintained, advertised and held out to the public to
be a place. where meals are actually and regularly served and
consumed, where sleeping accommodations are offered for pay
to travelers and guests, whether transient,,permanent or
residential, in.which twenty five (25) or more rooms are
used for the sleeping accommodations of such guests, having
one (1) o,r more public dining rooms where meals are served
to such guests, where alcoholic liquor may be served and /or
stored in separate liquor service or lounge areas which are
adjacent to food service areas, where live.entertainment may.
be provided in connection with said service or meals and /or
alcoholic liquor; provided that no more than 33% of the.
total square footage of said building, buildings or structures
which is devoted to the regular preparation and service of
meals, in addition to said lounge areas, shall be employed for
the service and /or storage of .alcoholic liquor except that
the following shall not be considered in the calculation of
said percentage:
1. Liquor service and /or storage in connection with
room service.
2. Complimentary liquor service within the confines
of any atrium space where such.service is limited
t to registered guests and their visitors and to
regular and specified daily hours;.,
OW _
' and +b} such sleeping accommodations, dining rooms and liquor
service areas are conducted in the same building or buildings,
in connection therewith, such building or buildings, structure
or'structures being provided with adequate and sanitary
d1ning room and kitchen equipment and,capacity..
Add to Section 3 -8, "Classes of Licenses ", the following
language:
CLASS G, which shall authorize the sale on the premises
specified of alcoholic liquor only for consumption on the
premises and in only accordance with the terms of Section
3 -1(4) hereof. Such licenses may be issued only to hotels
as such uses are defined in Section 3- 1.(a)(4) of this
chapter.
Add to Section 3 -8.A, "Fees ", the following language:
Class G: (As determined by the Village)
10d to Section 3 -9, "Number of licenses ", the following
lznguage
Class: G: one (1)
Add to Section 3- 11(a)(3), "Closing Hours ", the following
language after the words ..provided, that. restaurant...
,club and hotel...
Add to Section 3 -18A, "Give Away Prohibited ", the following
language after the last word of the last sentence:
Nothing herein shall prohibit the dispensation of
alcoholic beverages free of charge on the premises of a
hotel, as defined in this chapter, during limited and specified
hours daily, for the purpose of providing for the convenience
and comfort of the registered guests therein and their
visitors, but not with the intention of promoting the sale
of alcoholic beverages.
EXHIBIT
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