O-94-37ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Published in pamphlet form this
4th day of October , 1994
by the President and Board of
Trustees of Deerfield
JKS \21216.1 9/21/94
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held a public hearing on the Petition of OPTIMA
DEERFIELD LIMITED PARTNERSHIP (hereinafter referred to as
"Applicant "), for the classification of certain real estate
located within the Village, and hereinafter described on Exhibit
A hereto, in the R -5 General Residence District, and to authorize
the issuance of a Special Use Permit to approve a Residential
Planned Unit Development consisting of 400 residential units
consisting of various housing types and also to authorize a
Resubdivision of the Subject Property and the vacation of certain
easements thereon to accommodate said Special Use in accordance
with Exhibits presented to the Plan Commission and the Board of
Trustees; and
WHEREAS, said hearing was held pursuant to duly authorized
notice thereof and was in all respects held according to law; and
WHEREAS, Applicant presented a series of Exhibits for review
and consideration by the Plan Commission, including a Group
Exhibit entitled "Coromandel Final Development Plan" prepared by
Applicant and dated August 11, 1994 which includes among other
elements, (i) Final Site Plan /Final Improvement Plan; (ii) Plat
of Resubdivision and Plats of Vacation; (iii) Landscape Plans;
(iv) Construction Phasing and Logistics Schedule; and (v)
Elevations /Architectural details (which Group Exhibit and all of
its elements are hereinafter referred to as the "Final
Development Plan" and which is attached hereto and made a part
hereof as Exhibit B); and
WHEREAS, the Plan Commission of the Village of Deerfield,
after considering the evidence adduced including Exhibit B, the
Final Development Plan, made written findings of fact and
recommended a map amendment to the Zoning Map of the Village of
Deerfield, the issuance of a Special Use Permit to approve a
Residential Planned Unit Development in accordance with the Final
Development Plan and the approval of a Resubdivision and Plats of
Vacation to achieve the objectives sought by the Applicant; and
WHEREAS, the Village has previously adopted a Development
Code (the "Development Code ") as an element of the Residential
Planned Unit Development approval process set forth in Article 12
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ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
of the Zoning Ordinance of the Village of Deerfield, which
Development Code provides that the Village and any Developer
enter into an agreement relative to the development of the
Subject Property specifying, among other matters, any variations
from the strict provisions of the Zoning Ordinance and setting
forth compliance with all other requirements of the Development
Code; and
WHEREAS, the Village and the Applicant have agreed upon the
terms of a Development Agreement which is attached hereto as
Exhibit C; and
WHEREAS, pursuant to the provisions of Village Ordinance No.
0 -93 -48 developers of residential property within the Village are
subject to certain land dedication requirements or payment of
fees in lieu thereof in recognition of the burdens placed on
various governmental units in the Village as a result of such
development; and
WHEREAS, the Village and the Applicant have agreed upon the
terms of an Impact Fee Agreement in satisfaction of the
requirements of Village Ordinance No. 0 -93 -48 which is attached
hereto as Exhibit D; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the classification of said real estate
in the manner aforesaid, the approval of the requested Special
Use for a Residential Planned Unit Development and for
authorization of the Resubdivision and Plats of Vacation as
requested by Applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the Zoning Map of the Village of Deerfield
ONE: included and made a part of the Village Zoning
Ordnance passed April 17, 1978, as amended, is
hereby further amended by zoning and classifying the property
described in Exhibit "A ", attached hereto and made a part hereof,
to the R -5 General Residence District.
JKS \21216.1 9/21/94
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
SECTION That the Final Plat of Resubdivision prepared by
TWO: Professionals Associated on behalf of Applicant
and dated May 27, 1994, for the Subject Property
is hereby approved.
SECTION That the Plats of Vacation prepared by Chicago
THREE: Guarantee Survey Company dated May 19, 1994
depicting the Sewer Easements created by document
Number 831828 and recorded July 8, 1954 and document number
1196235 and recorded August 15, 1963 in the office of the Lake
County Recorder of Deeds across the Subject Property be and are
hereby approved and the rights of the Village in and to such
easement property are hereby terminated.
SECTION That the zoning map amendment approval hereby
FOUR: granted, the authorization and approval of the
Special Use for a Residential Planned Development
and approval of the Final Plat of Resubdivision and Plats of
Vacation is conditioned upon and subject to: (a) compliance by
Applicant, its successors and assigns with all elements of the
Final Development Plan described in the foregoing recitals and as
attached hereto as Exhibit B; (b) execution of a Development
Agreement between Village and Applicant in the form attached as
Exhibit C; (c) execution of an Impact Fee Agreement between
Village and Applicant in the form attached as Exhibit D; and (d)
compliance by Applicant, its successors and assigns with all
other applicable codes and ordinances of the Village of
Deerfield.
SECTION That failure of the Applicant, its successors and
FIVE: assigns to comply with the conditions set forth
herein shall result in the revocation of the
permit for Special Use for the Residential Planned
Unit Development.
SECTION That all approval and authorization of said
SIX: Special Use hereby given is subject to the
requirement that this Ordinance shall be
recorded in the Office of the Recorder of Deeds of Lake County,
Illinois, and all fees for such recordation and expenses incurred
therefor shall be paid by the Applicant.
SECTION That the Village Clerk is hereby directed to
JKS \21216.1 9/21/94
SEVEN: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
EIGHT: effect from and after its passage, approval and
publication, as provided by law.
AYES: Heuberger, Rosenthal, Seidman, Swanson (4)
NAYS: None (0)
ABSENT: Ehlers, Swartz (2)
PASSED this 3rd day of October A.D., 1994.
APPROVED this 3rd day of October A.D., 1994.
VILLAGE PRESIDENT
ATTEST;
VILILAGE CLERK
JKS \21216.1 9/21/94
DEVELOPMENT AGREEMENT / COROMANDEL
This Development Agreement is dated this day of Cie , 1994, by and
between the Village of Deerfield, Lake and Cook Counties, Illinois ( "Village ") and Optima Deerfield
Limited Subpartnership, L.P. ( "Developer ")
RECITALS
A. The Developer is the owner and developer of certain property in the Village described
on Exhibit "A" as Parcel 1 and Parcel 2 and is the contract purchaser and developer of property in
the Village described as Parcel 3 ( "Bergmark Property") on Exhibit "A ", attached hereto and made
a part hereof (Collectively the "Subject Property")
B. Pursuant to relevant provisions of the Village Zoning Ordinance, the Developer has
made application to the Village for certain approvals, including: (i) rezoning of the Subject Property
to the R -5 General Residence District; (ii) authorizing a Special Use for the Subject Property for a
Residential Planned Unit Development; (iii) granting of certain variances from the Village
Development Code; and (iv) approving a resubdivision of the Subject Property.
C. Pursuant to due and proper notice, the Village Plan Commission conducted a public
hearing on the Developer's application and submitted its Report and Recommendation to the
President and Board of Trustees.
D. The President and Board of Trustees reviewed the Report and Recommendation of
the Plan Commission and granted the Developer's request for Preliminary Plan Approval on March
21, 1994.
E. The Developer has submitted plans, schedules, specifications and other documents
comprising its "Final Development Plan," as defined in the Village Zoning Ordinance. The Final
Development Plan has been submitted to, reviewed by, and recommended for approval by the
Village Plan Commission.
F. The President and Board of Trustees have reviewed the Final Development Plan and
have (or contemporaneously with the adoption of this Agreement will adopt) adopted all necessary
ordinances, passed all necessary motions, and otherwise granted all necessary approvals: (i)
rezoning the Subject Property; (ii) approving the Developer's Final Development Plan; (iii) granting
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the variations from the Development Code as described hereinbelow; (iv) authorizing the execution
of a Final Plat of Resubdivision; and (v) granting related relief. A listing of the authorizing
Ordinances and other approval measures is attached hereto as Group Exhibit "B ".
G. The Village has heretofore adopted a "Village of Deerfield Development Code"
( "Development Code "). Among other things, the Development Code calls for the Village and the
Developer to enter into a "Development Agreement" relative to the development of the Subject
Property.
H. In accordance with Article III of the Development Code, this Agreement has been
reviewed by the Director of Community Development, the Village Engineer, and the Village Plan
Commission, all of whom have made recommendations to the President and Board of Trustees.
I. The parties now desire to enter into this Development Agreement, pursuant to the
applicable provisions of the Development Code, for the purposes set forth in the Development Code.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN. THE PARTIES
HERETO, as follows:
SECTION 1: Incorporation of Recitals. The recitals set forth above are incorporated
herein as if fully set forth.
SECTION 2: Identification of Final Development Plan. For purposes of this Agreement,
the "Final Development Plan" shall consist of the Final Development Plan submitted by the
Developer, as identified in, and approved by the President and Board of Trustees, pursuant to
Ordinance No. . For identification purposes a schedule of the documents comprising the
Final Development Plan is appended hereto as Exhibit "C" and made a part hereof.
SECTION 3: Final Improvement Plan Approved. In accordance with Section 3 -101 -B
of the Development Code, the Developer has provided the Village Engineer and the Director of
Community Development with copies of its Final Improvement Plan as part of its Final
Development Plan. The term Final Improvement Plan when used herein shall include only those
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documents and/or plans, or those specific parts of documents and/or plans, listed in Exhibit "C" that
depict Public or Private Improvements as they are defined and specifically identified in Section 7,A.
The Village Engineer and the Director of Community Development have reviewed said Final
Improvement Plan and they have provided the Plan Commission and President and Board of
Trustees with a letter indicating their recommendations regarding the Final Improvement Plan. The
Village Engineer has provided the Plan Commission and President and Board of Trustees with a
letter indicating receipt and approval of all of the appropriate final engineering plans and verifying
that the documents granting any required easements are satisfactory for the purposes for which they
are required. Said final engineering plans are identified as part of Exhibit "C ".
SECTION 4: Site Development Schedule. In accordance with Section 3- 102 -B(4) (a) of
the Development Code, the development of the Subject Property will proceed substantially in
accordance with the schedule attached hereto as Exhibit "D" and made a part hereof. The parties
recognize and acknowledge that this development schedule is subject to variables relating to
weather, strikes, work stoppages, acts of God and other matters outside of the reasonable control of
the Developer, its contractors and subcontractors.
SECTION 5: Improvement Plan. Pursuant to Section 3 -102 -B (4) (b) of the Development
Code, all improvements, both public and private, are located and depicted on the Final Improvement
Plan identified hereinabove. All easements necessary for the maintenance of said improvements are
shown on the Plat of Resubdivision prepared by Professionals Associated and are approved by the
President and Board of Trustees.
SECTION 6: Approved Conditions. Requirements and Variations. Pursuant to Section
3 -102 -B (4) (d) of the Development Code, the following conditions, requirements and variations are
approved, agreed to, and contemplated by the Planned Unit Development and Final Development
Plan:
A. Road Work and Off -Site Improvements:
Subject to Subparagraph 2, the Developer shall cause the construction of the off -site
improvements shown on Exhibit "E ", attached hereto and made a part hereof.
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2. As of the date of this Agreement, there appears to be a strong likelihood that certain
of the improvements shown on Exhibit "E" as the Waukegan Road and Kates Road Intersection
Improvements are under consideration for construction as part of a project by the Illinois Department
of Transportation ( "IDOT "). It is further anticipated that IDOT will fund ninety (90 %) percent of
the Waukegan Road and Kates Road Intersection Improvements and cause the actual construction
work to take place. The parties recognize that this IDOT improvement will be of mutual benefit to
both the Village and the Developer.
3. The Village shall keep the Developer abreast of the progress of the IDOT
improvement proposal and will take such actions reasonably required of the Village by IDOT in
order to facilitate the implementation of this improvement. Once IDOT determines to proceed with
the project, the Developer will reimburse the Village for the Village's reasonable engineering costs
related to the Waukegan Road and Kates Road Intersection Improvements (currently estimated to
be Thirty Thousand ($30,000.00) Dollars for Phase I engineering, Forty-Five Thousand ($45,000.00)
Dollars for Phase II engineering, and Forty-Five Thousand ($45,000.00) Dollars for Phase III
construction management), and shall reimburse the Village for its share of the cost of the
Waukegan Road and Kates Road Intersection Improvements. The Developer shall make such
payments to the Village, upon the Village becoming obligated to pay such costs as described above,
within thirty (30) days from the date of the Village's invoice.
4. In the event IDOT commences the construction of the Waukegan Road and Kates
Road Intersection Improvements, the Developer shall be entitled to an immediate reduction in its
letter(s) of credit for the total estimated cost of such improvements as shown on Exhibit "F" and a
release from any and all obligation to provide a maintenance agreement and/or maintenance
guarantee for these improvements.
5. If the Village certifies that there appears to be no likelihood that IDOT will proceed
or complete the Waukegan Road and Kates Road Intersection Improvements, the Developer shall
resume, to the extent required, to complete its off -site improvement obligation as described
hereinabove.
B. Property Acquisition: Ingress and Egress.
For purposes of providing ingress and egress to the Subject Property as shown on the Final
Development Plan, the Developer shall proceed with due diligence to complete the acquisition of
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the Bergmark Property which it currently has under contract and is commonly known as 733 -737
Central Avenue. To that end, the Developer has furnished its Real Estate Purchase Contract with
respect to Bergmark Property to the Village. In addition, the Developer has submitted to the Village
a certain "Amendment to Real Estate Sale Contract" and an "Amendment #2" to Said Real Estate
Contract. These Amendments generally call for a deed and money escrow closing, with a deferred
closing date of on or about August 31, 1995. As shown on Amendment #2, the Village shall have
the right to cause the conveyance of Bergmark Property in the event of Developer default.
1. The Developer shall limit construction traffic to and from the Subject Property to
locations approved by the Village from Waukegan Road and Kates Road. The Developer shall
adhere to the reasonable recommendations of Village staff regarding traffic. The Developer agrees
to enter into a Traffic Control Agreement to enforce fire lane, parking, and general traffic regulations
including restricting parking on ring road to one side only.
2. A variation from Section 5 -102 (H) of the Development Code has been granted.
Pursuant to said variation, private sidewalks shall be constructed throughout the Subject Property
in the areas and manner shown on the Final Development Plan.
3. A variation from Section 5 -102 (C) of the Development Code has been granted to
allow for private streets throughout the Development.
4. The. Developer has provided in its property- governing documents a covenant
requiring that the private ring road of the Subject Property shall be accessible to vehicular traffic.
Pursuant to Section 5- 102 -C(5) of the Development Code, the Developer covenants and
acknowledges that the Village shall at no time be under any obligation to provide maintenance or
accept dedication of private streets within the Subject Property. Said road may be periodically
closed for purposes of maintenance and upkeep, or as otherwise agreed between the Developer and
the Village, or as otherwise required by law.
5. Certain of the improvements described hereinabove are contemplated to be
constructed in the vicinity of the nursing home facility located to the immediate south of the Subject
Property and Kates Road (the "Whitehall Property"). In the event easements or rights of entry are
needed in order to implement the improvement plans described above, the Village shall take all
action necessary to obtain such easement or right of entry.
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C. Leasing✓ Prohibition The Developer agrees to sell, rather than lease, all dwelling units
constructed on the Subject Property.
D. Tree Replacement The Developer agrees that in the event that any of the existing trees that
have been relocated do not survive that they will be replaced by the Developer with trees with an
equal total caliper as the original tree.
SECTION 7: Guarantee. Inspection, and Periodic Reductions up to 100% of Letter (s)
of Credit.
A. In accordance with the Development Code, this Agreement contains provisions for
Public Improvements and Private Improvements. The term Public Improvements shall include those
off -site and on -site Public Improvements specifically identified as Public Improvements on Exhibit
"F".' For the purposes of this Agreement, the Private Improvements have also been specifically
identified on Exhibit "F ".
B. The Developer has submitted, and the Village approves, pursuant to Section 4 -102
of the Development Code, the schedule of Public Improvements and Private Improvements related
to the development of the Subject Property, as shown on Exhibit "D" hereof. Exhibit "F" will
constitute the approved estimate for the cost of construction for the Public Improvements and Private
Improvements contemplated in the Final Engineering Plan and the Final Improvement Plan upon its
being reviewed and certified as adequate as provided for in Section 7,E herein.
C. Attached hereto as Exhibit "G ", and made a part hereof, is a form letter of credit with
respect to the Exhibit "F" improvements. The Developer may provide one or more letters of credit
as further described hereinbelow, substantially in the form of Exhibit "G" or as otherwise may be
approved by the Village Attorney, which approval shall not be unreasonably denied. The aggregate
amount of the letter(s) of credit shall be equal to the Exhibit "F" total cost estimate.
The Developer will provide written notice of the expiration date to the Village Manager at least 30
days prior to the expiration of the letter(s) of credit. In the event the Developer fails to replace or
extend such letter(s) of credit on or before ten (10) days before the expiration thereof, the Village
may draw upon said letter(s) of credit in accordance with the terms thereof. In the event that the
Developer fails to give such notice to the Village Manager and, as the result thereof, the letter of
credit expires and is not renewed, the Developer shall immediately'deposit with the Village cash in
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the amount sufficient to complete the Exhibit F improvements. All renewal or replacement letters
of credit shall be accompanied by a certification by the Project Architect (as defined in Section 7,F)
that the amount of said letter(s) of credit is sufficient to complete the improvements shown on
Exhibit F. Said certification will be verified by the Village.
D. Pursuant to Section 4 -105 of the Development Code, the Village hereby approves of
NBD Bank as the issuing institution of said letter(s) of credit.
E. Pursuant to Section 4 -106, the parties have jointly designated the firm of Gewalt &
Hamilton as the Registered Professional Engineering firm designated as the "Inspecting Engineer"
in order to ensure that the development complies with the approved Final Improvement Plan, the
Village Standards and Specification Manual and this Agreement. The Inspecting Engineer's scope
of services shall be as defined in Exhibit "H" attached hereto and made a part hereof. The Developer
shall be responsible for paying the Inspecting Engineer's fees in accordance with and as limited by
the scope of services letter of agreement dated , 1994, signed by the Village, the
Developer and the Inspecting Engineer. A copy of that agreement is attached hereto as Exhibit "I"
and made a part hereof. The Inspecting Engineer shall invoice the Village for services rendered and
the Developer shall reimburse the Village for such expenses.
In addition to the above referenced Inspecting Engineer, the parties have jointly designated
the professional engineering firm of Baxter & Woodman to review the construction cost estimates
attached as Exhibit "F" and advise the Village Engineer as to the adequacy of the Exhibit "F"
performance guarantee. Baxter & Woodman shall invoice the Village for services rendered and the
Developer shall reimburse the Village for such expenses.
F. The. "Project Architect" shall be a Licensed Architect as designated by the Developer.
The Project Architect's responsibilities shall be as defined in Exhibit "J ".
G. The Developer shall be entitled to periodic reductions in its letter(s) of credit, in
amounts up to and including One Hundred (100 %) percent of the respective Exhibit "F" Estimates
of Cost included in the letter(s) of credit, upon partial completion of all, or specific individual Public
Improvements and Private Improvements. Reductions shall be made in proportion to the actual
progress on each of these scheduled items as shown in Exhibit "F" in accordance with the following
procedure:
1) The Project Architect will submit a request for a reduction in the letter(s) of credit,
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along with a certification by the Project Architect (a) that the work on such
improvements has been completed to the extent of the partial reduction requested and
(b) that sufficient amounts remain in the letter of credit to complete the remaining
improvements: The Project Architect will submit proper lien waivers covering all
work for which a partial reduction is being requested and the inspection ticket(s) or
certification(s) by the Inspecting Engineer evidencing that the work covered by the
partial reduction request was inspected and passed.
2) The Inspecting Engineer will, within fourteen (14) days from the date of such
request, review the request for partial reduction and report on such request to the
Village Engineer.
3) The Village Engineer, within thirty (30) days from the date of such request, will
either approve such reduction in the letter(s) of credit or provide the Developer with
a complete written list of the reasons why such partial reduction may not be granted
and the specific corrections necessary to comply with the approved Final
Improvement Plan in order to approve the partial reduction. Pending such specific
corrections, the Village Engineer shall approve the partial reduction to the extent the
request is undisputed.
The Developer may submit requests for partial letter of credit reductions without limit as to the
number of such requests. The Village shall approve such partial reductions for work performed,
notwithstanding the fact that the various improvements have not been "completed," as set forth in
Section 4 -107 -B of the Development Code. Such periodic drawdowns or reductions in the letter of
credit shall be approved by the Village Engineer or his designee as provided herein and shall not
require approval of the corporate authorities.
H. Inspection fees and construction manager fees shall be reduced in direct proportion
to reductions in the letter(s) of credit.
SECTION 8: Completion of Private Improvements, Release of Remainder of the Letter(s)
of Credit.
A. In accordance with Section 4 -107,E of the Development Code, upon completion of
all or specific individual Private Improvements shown on the Final Improvement Plan, the procedure
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for the release of the letter(s) of credit shall be as follows:
1) The Developer shall submit a formal written request that the Village release the
letter(s) of credit for all, or specific individual Private Improvement(s). The
Developer shall submit reproducible copies of the "as constructed" or "as built"
drawings to the Village Engineer and submit evidence that notice, including a copy
of a letter provided by the Village describing the final reduction request, has been
served by personal service and/or certified mail return receipt requested on all unit
owners and on the Homeowners' Association ( "HOA ") not less than 30 days prior
to the submission to the Village of the final reduction request. When final
acceptance of the private street, street lights, and/or storm sewer is requested, two
sets of paper copies of "as constructed" or "as built" drawings of these specific
Private Improvements will also be delivered to the HOA with the required notice of
final reduction request not less than 30 days prior to the submission to the Village of
the final reduction request.
2) The Project Architect shall simultaneously submit certification that all, or specific
individual Private Improvements have been fully or individually completed in
accordance with the Final Improvement Plan.
3) The Inspecting Engineer shall, within fourteen (14) days from the date of such
request, (a) review, the request for final reduction and report on such request to the
Village Engineer, and (b) review any notices from the HOA and/or unit owners that
were received within 15 days of the HOA's and/or unit owners' receipt of notice of
the final reduction request and report to the Village Engineer on whether or not
further action and corrective measures should be taken to conform with the approved
Final Improvement Plan.
4) The Village Engineer shall, within thirty (30) days from the date of such request,
either approve such final reduction in the letter(s) of credit or provide the Developer
with a complete written list of reasons why such final reduction may not be granted
and the specific corrections necessary to comply with the approved Final
Improvement Plan. Pending such specific corrections, the Village will approve the
final reduction to the extent the request is undisputed. Upon approval of the final
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reduction request by the Village Engineer, the letter(s) of credit shall be released.
Such release(s) shall not require approval of the corporate authorities. There shall
be no maintenance agreement and/or maintenance guarantee following the final
approval of all, or specific individual Private Improvements. The Village shall not
take title to any completed Private Improvements.
SECTION 9• Completion and Acceptance of Public Improvements• Release of
Remainder of the Letter(s) of Credit: Maintenance Agreement.
A. In accordance with Section 4 -109 of the Development Code, upon completion of all
or specific individual Public Improvements shown on the Final Improvement Plan, and as further
identified as such on Exhibit "F", all or specific individual Public Improvements shall be accepted
once the following reviews and actions are completed, except that no on -site Public Improvements
shall be accepted until the Development is substantially complete. Substantial completion shall be
the point at which all site work, excluding landscaping, and all building enclosures are substantially
complete:
1) The Developer shall file a formal written request that the Village accept the Public
Improvements and shall submit all necessary maintenance guarantees to the Village
Engineer.
2) The Project Architect shall simultaneously submit certification that all or specific
individual Public Improvements have been completed in accordance with the Final
Improvement Plan, and shall submit all appropriate as -built drawings of those Public
Improvements to the Village Engineer.
3) The Inspecting Engineer shall, within 14 days from the date of such request,
review the request for final reduction and report on such request to the Village
Engineer. The Inspecting Engineer shall certify that all or specific Public
Improvements have been fully or individually completed in accordance with Final
Improvement Plan and that all appropriate as -built drawings of such Public
Improvements have been submitted.
4) The Village Engineer, within 30 days from the date of such request, will either
approve such final reduction in the letter(s) of credit, or provide the Developer with
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a complete written list of the reasons why such final reduction will not be granted
and what specific corrections are necessary to comply with the approved Final
Improvement Plan in order to approve the final reduction requested.
5) The Board of Trustees shall adopt a resolution officially accepting all or specific
individual Public Improvements within 30 days after the Village Engineer has
approved said final reduction. Said resolution shall also release any retention or
other portion of the letter(s) of credit applicable to such improvements.
B. Upon acceptance of Public Improvements identified on Exhibits "F" in accordance
with the requirements of paragraph A of this Section, the Village will take title to and be responsible
for maintenance of the water mains shown on the Final Improvement Plan and connections
therefrom, up to and including the "B- Boxes ". With respect to the sanitary sewer improvements, the
Village shall own the sanitary sewer mains. Title to fire hydrants, valves, valve vaults, meter pits
and B -Boxes shall be held by the Village. The Developer and /or HOA shall be responsible for all
of the sanitary services including connections to the main.
C. Simultaneous with the acceptance of all or specific individual Public Improvements
as described above, the Developer and the Village shall enter into a Maintenance Agreement
pursuant to Section 4 -110 of the Development Code. Said Agreement shall provide for the
Developer to repair or replace defective materials and workmanship for a period of time extending
one (1) year from the date of Village acceptance of such Public Improvements and to post a
maintenance guarantee conforming with the requirements of the Code in the amount of ten (10 %)
percent of theExhibit "F" total amount of all or specific individual Public Improvement(s) accepted
by the Village, as the case shall be. The Developer may either utilize the remaining balance in the
Ietter(s) of credit for purposes of this guarantee or may substitute another form of guarantee for such
purpose, including but not limited to a bond in a form reasonably acceptable to the Village Manager
and Village Attorney, or cash.
D. If, at the expiration of the Maintenance Agreement, no defects in workmanship or
materials have been identified, the maintenance guarantee shall be released by the Village Engineer.
Release of the maintenance guarantee shall not require approval of the corporate authorities. In the
event any defects are identified by the Village Engineer during the term of the maintenance
guarantee, the balance of such guarantee shall be released only after a) the Village has been fully
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reimbursed for the amounts expended in correcting defective Public Improvements, or b) the
Developer or other party in interest has successfully repaired such defects to the satisfaction of the
Village Engineer.
SECTION 10: Fire Station Parcel
A. The Developer shall convey to the Village merchantable title to Lot 47 of the
Coromandel Resubdivision within thirty (30) days of the recording of the final Plat of Resubdivision.
As consideration for this conveyance, the Village shall simultaneously convey merchantable title to
the parcel of land generally located adjacent to the south end of the Subject Property described in
document # 2712086 recorded August 17, 1988, in Lake County, Illinois. As these are conveyances
to and from a local governmental body, the parties shall jointly claim an exemption from any state,
county or local real estate transfer tax. The deed to Lot 47 shall contain the following restrictions:
1. The use of Lot 47 is limited to a fire station substantially in accordance with the
plans previously submitted to the Village of Deerfield and on file with the Village
Clerk.
2. The materials and architectural details used on the exterior of the station shall be
substantially similar to those utilized within the Coromandel Development.
3. Said site shall not have any driveway access into the Development.
4. All due consideration and restraint shall be exercised by the Fire Department to
limit the amount and level of noise generated on Lot 47 and around the
Development.
5. Lot 47 shall not be developed contrary to the terms of the deed restriction for a
period of twenty years from the date of conveyance.
6. Upon conveyance, the Village authorizes the Developer to enter upon Lot 47 for
purposes of earthwork, construction and landscaping in accordance with the Final
Improvement Plan (said improved area is referred to as the " Bermed Area "). The
Bermed Area will remain in substantially the same condition as improved for a
period of twenty years from the date of conveyance.
The Village acknowledges that the Developer has been relying and will continue to rely on this deed
restriction in the sales and marketing of its improvements, and that any use of Lot 47, contrary to
September 21, 1994
t:\df\1 f\7 -1 \deveIagr.4 12
the terms and conditions described hereinabove, without the Developer's written consent, will have
a significant negative impact on the Developer's sales and marketing efforts.
SECTION 11: Assurance as to Construction Barring strikes, work stoppages, acts of God
or other events outside the anticipation and reasonable control of Developer, all off -site Public
Improvements secured by the letter(s) of credit, excluding the Waukegan Road and Kates Road
Intersection Improvements, shall be substantially completed on or before June 1, 1997. In the event
the Village certifies that there appears to be no likelihood that IDOT will proceed with or complete
the Waukegan Road and Kates Road Intersection Improvements, these improvements shall be
substantially completed within two years from the receipt of such written certification by the
Developer. Construction of the clubhouse shall commence coincident with the completion of 370
Kelburn Road. All on -site Public Improvements and Private Improvements secured by the letter(s)
of credit shall be substantially completed on June 1, 2000 or by the date the building permit for the
300th unit is granted, whichever is sooner. In the event said improvements are not substantially
completed pursuant to said schedule, the Village may, at its option, draw upon said letter(s) of credit
for the purpose of completing the applicable improvements.
SECTION 12: Homeowners' Association. Pursuant to Section 5 -104, the Developer has
established one or more Homeowners' Associations responsible for the perpetual maintenance of
common facilities of the Subject Property, including, but not limited to, entrance signs, landscaped
areas, lakes, fences, recreation facilities, and other common features or amenities. The Village
acknowledges that the form of such agreements has been submitted to, reviewed by, and approved
by the Village Attorney. The Village acknowledges that the submitted Property Owners' Association
documents satisfy Section 5- 104 -E, including, but not limited to, the requirement that the Village
has the right to enforce the various covenants contained therein, and the right after ten (10) days
written notice to the Association to perform maintenance work, to assess the membership for such
work, and to have a lien placed against the property of any member, pursuant to and limited by
Section 5- 104 -E(8).
September 21, 1994
t: \df\ I V -1 \develagr.4 13
SECTION 13: Compliance with Other Rules and Regulations. Except as specifically provided
herein, the development of the Subject Property shall proceed in accordance with the Ordinances
described hereinabove and with applicable provisions of the Deerfield Municipal Code.
SECTION 14: Successors and Assigns. This Agreement shall be binding upon the parties,
their respective successors and assigns.
SECTION 15: Remedies. Upon breach of this Agreement, any party in a court of competent
jurisdiction may obtain all appropriate relief, including, but not limited to, specific performance,
injunction or damages. Notwithstanding the foregoing, before the failure of any party
to perform its obligation under this Agreement may be considered a breach, the party claiming such
failure shall notify, in writing, the party alleged to have failed to perform, and shall demand
performance. No breach may be found to have occurred if performance has commenced to the
reasonable satisfaction of the complaining party within thirty (30) days of receipt of such notice and
if the failing party peruses diligently the curing of such failure. Notwithstanding any other provision
herein to the contrary, no such notice shall be required for the Village to draw upon an expiring
letter of credit as authorized by Section 7,C.
SECTION 16: Captions. The captions herein are inserted for the convenience of the parties
and are not to be construed as an integral part of the Agreement.
SECTION 17: Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois Law.
SECTION 18: Authority. The parties warrant and represent that they have the power and
authority to enter into this Agreement in the names, titles and capacities herein stated.
SECTION 19: Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested, postage
prepaid or delivered personally to the parties at the following addresses, or to such other addresses
September 21, 1994
t:1df11 A7- I WevelagrA 14
as the parties by notice shall designate:
If to the Village:
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attn: Village Manager
Copy to:
Pedersen & Houpt
161 N. Clark Street, Suite 3100
Chicago, Illinois 60601
Attn: James K. Stucko
Herbert J. Linn
If to the Developer:
Optima Deerfield Limited Subpartnership, L.P.
630 Vernon Avenue
Glencoe, Illinois 60022
Copy to:
John B. Murphey
Rosenthal, Murphey, Coblentz & Janega
30 N. LaSalle Street, Suite 1624
Chicago, Illinois 60602
SECTION 20: Severability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not affect the application or validity of such other
provisions, covenants or portions of this Agreement.
SECTION 21: Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and exhibits and is a full integration of the entire Agreement of the parties. The exhibits
to this Agreement are expressly incorporated herein.
SECTION 22: Estoppel Certificates. Developer, its successors or assigns may request and
obtain from the Village a letter or certificate, stating: (i) whether this Agreement and the Ordinances
September 21, 1994
t:\df\1 f\7 -1 \deve1agr.4 15
and resolutions referred to herein are in full force and effect; (ii) which covenants and requirements
of this Agreement and said Ordinances have been fully performed to the best of the Village's
knowledge; (iii) that the Developer is not in default of its obligations under this Agreement and such
Ordinances, or if Developer is in default, the nature and extent of such default; and (iv) the nature
and extent of any amendment or modification to this Agreement or such Ordinances.
SECTION 23: Counterparts and Duplicate Originals. This Agreement may be executed
in any number of counterparts and duplicate originals, 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 set their hands and seals as of the date and
year first written above.
VILLAGE OF DEERFIELD
Lake and Cook Counties, Illinois
By: MAya2
OPTIMA DEERFIELD LIMITED SUBPARTNERSHIP, L.P.
By: OPTIMA DEERFIELD LIMITED PARTNERSHIP., an Illinois
Limited Partnership
By: OPTIMA DEERFIELD HOLDINGS, L.P., an Illinois
Limited Partnership, Its General Partner
By: OPTIMA DEERFIELD, INC., an Illinois
Corporation, Its General Partner
By:
David C. Hovey, President
September 21, 1994
tAdf11 V- hdevelagr.4 16
SCHEDULE OF EXHIBITS
Exhibit "A" Legal Description of Subject Property
Exhibit "B" Enumeration of Authorizing Ordinances and Related Approval
Measures
Exhibit "C" Schedule of Documents Comprising Final Development Plan
Exhibit "D" Site Development Schedule
Exhibit "E" Description of Off -Site Improvements to be Constructed by
Developer
Exhibit "F" Approved Estimate for Cost of Construction of Public and Private
Improvements
Exhibit "G" Letter of Credit Form
Exhibit "H" Inspecting Engineer Scope of Services
Exhibit "I" Inspecting Engineer Scope of Services Letter Agreement
Exhibit IT' Project Architect Scope of Services
September 21, 1994
OdA 1 V- I \develagr.4 17
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
-1lE OF ;LL1N01; )
a ill 1 , 0[ COOK ) SS.
.,t, PROFESSIONALS ASSOCIATED. 00 HEREBY CERTIFY THAT WE HAVE SURVEYED AND RESU801VIDED THE FOLLOWING DESCRIBED PROPERTY TO -WIT:
PARCEL 1:
rift 19 IN OWNER'S FIRST ADDITION IN DEERFIELD. IN SECII1IN 33.iUWNSHIP 43 NORTH, RANGE 12. EAST Of THE THIRD PRINCIPAL MERIDIAN,
:i.COHOING TO THE PLAT THEREOF. RECORDED SEPTEMBER 25, 1915, AS DOCUMENT 161061 IN BOOK "J" OF PLATS. PAGES 46 AND 47, EXCEPTING
HIEREFROM THAT PART OESCRIBEO.AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 IN BLOCK 5 IN HALL AND OSTERMAN'S ADDITION
t0 THE TOWN OF DEERFIELD. ILLINOIS. (ACCORDING TO THE PLAT THEREOF, RECORDED ON JUNE 2. 1874. IN 8009' "A" OF PLATS ON PAGE 16)
SAID SOUTHWEST CORNER BEING 20.00 FEET SOUTH OF THE SOUTHEAST CORNER OF WOODMAN'S RESUSOIVISION•OF LOTS 2. 3. 4. S. 6: AND 7 IN
'BLOCK 5 AND LOTS 1. 2 AND 3 IN BLOCK 4 OF AFORESAID HALL AND OSTERMAN'S ADDITION; THENCE SOUTH 15 DEGREES 46 MINUTES EAST, 52.00
FEET: THENCE EAST 66.00 FEET TO THE MOST SOUTHERLY SOUTHWEST CORNER OF SAID LOT 1. BLOCK 5..-HALL:ANO.OSTERMAN'S ADDITION :THENCE
NORTH 13 MINUTES WEST. 50.00 FEET ALONG THE BOUNDARY LINE OF SAID LOT 1. BLOCK 5 :11HENCE WEST= ALDNG•THE. BOUNDARY: OF SAID LOT 1,
BLOCK 5, 80.00 FEET TO THE PLACE OF BEGINNING. ALSO EXCEPTING FROM SAID LOT 19 THAT PART THEREOF DESCRIBED•AS FOLLOWS, TO-WIT:
BEGINNING AT A POINT IN THE SOUTH LINE OF LOT 10 IN WOODMAN'S RESUBDIVISION OF PARTS OF 8LOCKS 4 AND 3'IN.HALL AND OSTERMAN'S
AOOITION AFORESAID. SAID POINT BEING 10.00 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT 10-. -.THENCE SOUTH PARALLEL TO THE WEST
LINE OF LOT 10 EXTENDED, 10 r30 FEET: THENCE SOUTH 23 DEGREES EAST, 356.95 FEET TO A POINT WHICH *•IS 305.00 FEET EASTERLY OF THE
CENTERLINE OF THE RIGHT OF WAY OF THE CHICAGO. MILWAUKEE. ST. PAUL, AND PACIFIC RAILWAY COMPANY. MEASURED- Ar,RIGHT ANGLES THERETO:
THENCE SOUTHERLY PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF SAID RAILWAY. 300.00 FEET : -THENCE.WESTERLY AT RIGHT ANGLES TO THE
LAST OESCRIB;D LINE. 255.00 FEET TO THE EASTERLY LINE OF SAID RAILWAY; THENCE NORTHERLY .ALONG SAID EASTERLY•RIG14T OF WAY LINE.
300..00 FEET: THENCE EASTERLY AT RIGHT ANGLES TO SAID EASTERLY RIGHT OF WAY LINE. 125.00 FEET; THENCE NORTHERLY ON A CURVE CONCE-
NTRIC TO THE CENTERLINE OF SAID RIGHT OF WAY AND 175.00 FEET EASTERLY THEREFROM. 429.50 FEET•TO THE NORTHWEST CORNER OF SAID LOT
19: THENCE 'EASTERLY 147.90 FEET TO THE. PLACE OF. BEGINNING, IN LAKE COUNTY, ILLINOIS.
PARCEL 2:
A PAR OF LAND. BEING THAT PART OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH. RANGE-12. EAST OF THE THIRD PRINCIPAL
MERIDIAN. WHICH LIES WEST OF THE CENTERLINE OF WAUKEGAN ROAD (FORMERLY TELEGRAPH ROAD) EAST'OF•THE EASTERLY.RIGHT OF WAY-.LINE OF
THE CHICAGO. MILWAUKEE. ST. PAUL. AND PACIFIC RAILROAD COMPANY AND NORTH AND NORTHERLY OF' THE. FOLLOWING DESCRIBED. LINE: IBEGINNI-
HG AT THE POINT OF INTERSECTION OF SAID EASTERLY RIGHT OF WAY LINE OF THE CHICAGO:. MILWAUKEE. -ST. PAUL'. AND PACIFIC RAILROAD
COMPANY WITH THE SOUTH LINE OF THE NORTH 635.20 FEET OF SAID SOUTHWEST 1/4, AND RUNNINGTHENCE UST'ALONG :THE SOUTH LINE-OF THE SAII
NORTH 635.20 FEET, A DISTANCE OF 1412.13 FEET. AND THENCE NORTHEASTWAROLY ALONG'A LINE WHICH DEFLECTS 26 DEGREES. 21 MINUTES TO
THE LEFT FROM A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 117,03 FEET TO THE CENTERLINE OF.WAUKEGAN ROAD AND
(EXCEPT THAT PART OESCRIBED•AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 89 DEGREES 58
MINUTES 55 SECONDS EAST, 504.01 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST 1/4 TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE
OF THE CHICAGO, MILWAUKEE, ST. PAUL. AND PACIFIC RAILROAD; THENCE SOUTH 25 DEGREES 15 MINUTES* 59 SECONDS EAST. 669.26 FEET ALONG
SAID NORTHEASTERLY RIGHT OF WAY TO A POINT ON THE NORTH RIGHT OF WAY LINE OF KATES ROAD; THENCE NORTH 89 DEGREES 58 MINUTES 55
.ECONDS EAST. 342.88 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING: THENCE NORTH 00 DEGREES 01 MINUTES 05
SECONDS WEST, 76.25 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 489.95 FEET; THENCE SOUTH 00 DEGREES 01 MINUTES
rr5 SECONDS EAST, 56.25 FEET; THENCE SOUTH 45 DEGREES 01 MINUTES 05 SECONDS EAST, 28.28 FEET* TO A POINT ON THE NORTH RIGHT OF WAY
ilF RATES ROAD; THENCE SOUTH 89 DEGREES 58 MINUTES 55 SECONDS WEST. 509.95 FEET ALONG AFORESAID RIGHT OF WAY LINE. TO THE POINT
OF 3EGiNN1NG). IN LAKE COUNTY, ILLINOIS.
30FICEL 3:
.OI-3� IN MATTHY'S RESUBDIVISION OF LOTS 8, 9. AND 10 (EXCEPT THE WEST 10.00 FEET OF LOT 10) IN WOODMAN'S RESUBOIY[SION OF PART OF
4LOCKS 4 AND 5 IN HALL AND OSTERMAN'S ADDITION TO DEERFIELD. IN SECTION 33, TOWNSHIP 43 NORTH, RANGE 12.:EAST OF THE THIRD PRINCI
••%.L MERIDIAN, ACCORDING TO THE PLAT OF SAID MATTHY'S RESU801VISION RECORDED APRIL 19, 1966 AS DOCUMENT 1301146 IN LAKE COUNTY.
.LLINOIS.
,no THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION OF SAID SURVEY AND RESUBOIVISION. DIMENSIONS ARE SHOWN IN FEET AND
jECIMAL PARTS THEREOF AND ARE CORRECTED TO A TEMPERATURE OF 68 DEGREES FAHRENHEIT.
;T IS ALSO CERTIFIED THAT NO PART OF THE PROPERTY ,COVERED BY SAID SURVEY 15- SITUATED WITHIN 500.03 FEET OF A SURFACE DRAIN OR
:1ATER COURSE SERVING A TRIBUTARY. AREA OF 640 ACItS'OR MORE.
I FURTHER CERTIFY THAT THE LAND INCLUDED BY SA117 SURVEY IS WITHIN THE CORPORATE LIMITS OF THE 'VILLAGE OF DEERFIELD. WHICH HAS
ADOPTED A CITY PLAN AND IS EXERCISING THE SPECIAL'POWER AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE.
1.I14COL11W000. ILLINOIS. DATED THIS 27th DAY OF- MA Y A.D. 1994.
;' PROFESSIONAL ILLINOIS REGISTERED LAND SURVEYOR NO. 2819
PICUMOMMOIND111 PAIN COWN19CMIrlon
Final Development Plan
Optima, Inc.
Ordinance No. 0 -94 -37 entitled "An Ordinance Amending
the Zoning Map and Authorizing a Special Use for a
Residential Planned Unit Development"
EXHIBIT "C"
SCHEDULE OF DOCUMENTS COMPRISING
FINAL DEVELOPMENT PLAN
FINAL DEVELOPMENT PLAN DOCUMENTS
Document Description
Final Site Plan/Final Improvement Plan
Plat of Resubdivision
The Coromandel Umbrella Declaration of Easements, Restrictions and Covenants
The Coromandel Townhome Declaration of Easements, Restrictions and Covenants
The Coromandel Condominium Association Declaration
of Easements, Restrictions, and Covenants
Coromandel Construction Schedule
Landscape Plans
Final Engineering Plans
Title Sheet
Existing Conditions
Site Plan
Grading Plan - Southwest
Grading Plan - Southeast
Grading Plan - Northwest
Grading Plan - Northeast
Geometric Plan - Southwest
Geometric Plan - Southeast
Dated
August 12, 1994
May 27,1994
August 11, 1994
L 1 -L2, L3, L9, L 10, L 11, L 12 dated August 12, 1994
L4 -L8 dated August 24, 1994.
Geometric Plan - Northwest
Geometric Plan - Northeast
Plan and Profile - Kelburn Road North and Kelburn Road South
Plan and Profile - Milford Road Sta. 0 +00 to Sta. 6 +00
Plan and Profile - Milford Road Sta. 6 +00 to Sta. 14 +00
Plan and Profile - Milford Road Sta. 14 +00 to Sta. 21 +00
Plan and Profile - Milford Road Sta. 21 +00 to Kelburn Road Sta. 26 +00
Plan and Profile - Kelburn Road Sta. 26 +00 to Sta. 34 +00
Plan and Profile - Kelburn Road Sta. 34 +00 to Sta. 41 +00
Plan and Profile - Kelburn Road Sta. 41 +00 to Sta. 46 +50.73
Plan and Profile - Amberley Lane and Taupo Lane
Plan and Profile - Watertower Service Road
Plan and Profile - Buildings D & G Parking Lot
Plan and Profile - Waukegan Road
General Notes
Detail Sheets
TUrm df\If\7- 1 \fin15244.t1
September 16, 1994
EXHIBIT "D"
SITE DEVELOPMENT SCHEDULE
INCLUDING DEVELOPMENT SCHEDULE
FOR PRIVATE RECREATION AREAS
Coromandel - Optima Deerfield Residences
Site Work Schedule
Issued: 8x1/94 8:00am
ID
Name
Duration
Start
Finish
1994
1995
1996
1997
1998
1
Qtr 1 Qtr 2 Qtr 3 Qtr 4
Qtr 1 Qlr 2 Qtr 3 Qtr 1
Qtr 1 Qtr 2 Qtr 3 Qtr 4
Qtr 1 Qtr 2 QU 3 Qtr 4
Qtr 1 Qtr 2 1 Our 3 1 Qtr 1
1 Qtr 1 1 Qtr 2
1
Site Work
950d
6115194
213198
2
Tree Protection
10d
6115194
6/28194
■
— - - -_ - - -.�—
— - --
3
Earthwork
877d
9126194
213198
4
Erosion and Sediment Controls
50d
9126194
1212194
--
f
5
Underground Utilities - South Half
120d
11/15/94
511195
6
OH Site Improvements - South Entranc
68d
3/1195
612195
_
- - — - -- -- -
-- -
7
Curbs - South Half
30d
311195
4111195
8
Bituminous Paving - South Half
30d
411195
6112195
-
- --
9
Sidewalks - South Halt
60d
411195
6123195
10
Com Ed/Ameritech/N.S. Gas
317d
411195
6118196
- - - --
Street Lights - South Half
30d
4115195
5126195
Underground Utilities - North Half
120d
711195
12115195
t�t�
--------- --- -- ----
-- - - --
Curbs - North Half
90d
311196
714196
r16
Bituminous Paving - North Half
60d
411196
6121196
Sidewalks - North Half
60d
411196
6121196
Street Lights - North Half
30d
4115196
6124196
--
17
StreetSignage
10d
711196
7112196
18
Private Recreation Areas
120d
911196
2114197
I IQ
s:%df%ld13- 1%vllg sch mpp
EXHIBIT "E"
DESCRIPTION OF OFF -SITE IMPROVEMENTS TO BE CONSTRUCTED BY
DEVELOPER
DESCRIPTION OF OFF -SITE IMPROVEMENTS
TO BE CONSTRUCTED BY DEVELOPER
Waukegan Road and Kates Road Intersection Improvements
The scope of work for this intersection is as follows:
Relocate the Waukegan and Kates Roads intersection approximately 55 feet north from its
present location.
Widen the west side of Waukegan Road from approximately 350 feet south to 250 feet north of
the intersection of Kates Road and Waukegan Road.
Mill existing bituminous concrete surface. Modify and relocate storm sewers. Adjust existing
utility structures.
Widen with 10" PCC concrete base course and 6 inch subbase granular material.
Install Temporary signals.
Install Permanent signals.
Coordinate with the Village of Deerfield and IDOT for signal interconnection with Osterman
Avenue and the CCHD for interconnection with Lake Cook Road.
Resurface Waukegan Road with l -1/2" of binder and 1- 1/2'.' of surface.
Prepare a traffic control plan.
Extend right turn lane of southbound Waukegan to westbound Kates.
Install two (2) dual lefts (twin lanes) on eastbound Kates to northbound Waukegan.
Install one (1) right turn lane eastbound on Kates to southbound Waukegan.
Install two (2) through lanes at Waukegan, north and south.
Install left turn bay on northbound Waukegan to westbound Kates.
Stripe.
Modify whitehall driveway extentions.
Relocate /place of Opticom devices.
Kates Road, Corporate 500 and Kelburn Road Intersection Improvements
The scope of work for this intersection is as follows:
Remove curb and gutter and narrow the pavement section to improve the alignment of the
intersection.
Install temporary signals if necessary.
Relocate of the existing signals and Opticom devices to conform to the new roadway.
Remove and replace pavement by milling and resurfacing.
Interconnect Kates and Waukegan Roads signals.
Stripe.
TE:sa dfllc\ 6 \traffl.tl
EYHIBIT "F"
APPROVED ESTIMATE FOR COST OF CONSTRUCTION
OF PUBLIC AND PRIVATE IMPROVEMENTS
CORMANDEL
ESTIMATED CONSTRUCTION COST
03- Oct -94
DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
TRANSPORTATION TYPE IMRPROVEMENTS
PRIVATE STREETS - PRIVATE IMPROVEMENT
Bituminous Concrete Surface
TON
690
$40.00
$27,600
'Course, Class 1 -1 1/2"
LF
609
$3.00
$1,827
Bituminous Concrete Binder
TON
920
$38.00
$34,960
'Course, Class 1 -2"
EA
24
$406.00
$9,754
CA -6 Stone Base -4"
TON
1,841
$14.00
$25,774
PGE- 14.5"
TON
6,672
$14.00
$93,408
86.12 Curb & Gutter
LF
4,978
$10.00
$49,780
SUBTOTAL:
$231,562
TOWNHOMES
Bituminous Concrete Surface
TON
501
$40.00
$20,067
Course, Class 1 -1 1/2"
LF
609
$3.00
$1,827
Bituminous Concrete Binder
TON
669
$38.00
$25,437
Course, Class 1 -2"
EA
24
$406.00
$9,754
CA -6 Stone Base -4"
TON
1,338
$14.00
$18,732
PGE- 11.5"
TON
3,847
$14.00
$53,859
M3.12 Curb & Gutter
LF
3,676
$10.00
$36,763
SUBTOTAL:
$154,858
PARKING LOTS
Bituminous Concrete Surface
TON
1,159
$40.00
$46,383
Course, Class 1 -1 1/2"
LF
609
$3.00
$1,827
Bituminous Concrete Binder
TON
1,159
$38.00
$44,063
Couse, Class 1 -1 1/2"
EA
24
$406.00
$9,754
CA -6 Stone Base -4"
TON
3,092
$14.00
$43,297
PGE -8"
TON
6,185
$14.00
$86,595
Vertical Curb
LF
2,374
$10.00
$23,742
SUBTOTAL:
$244,080
STREET LIGHTS - PRIVATE IMPROVEMENT
Unit Duct
LF
3,590
$2.50
$8,975
3" G.S. Conduit
LF
609
$3.00
$1,827
Street Light Type 1
EA
24
$2,110.16
$50,644
Handhole
EA
24
$406.00
$9,754
Cold Milling
SY
3,717
SUBTOTAL:
$71,200
STREET TREE PLANTING - PRIVATE IMPROVEMENT
Trees EA 52 $178.60
STREET SIGNS - PRIVATE IMPROVEMENT
Signs EA 55
SIDEWALKS & BIKE PATHS - PRIVATE IMPROVEMENT
Sidewalk F 25,43
Bike Path SF 2,412 $4.07 $9,825
SUBTOTAL: $83,400
OFFSITE INTERSECTION IMPROVEMENTS - PUBLIC IMPROVEMENT
Earth Exc., Special
CY
985
$10.00
$9,857
Erosion Control Spc.
LS
1
$303.00
$303
Pavement Removal Pcc
SY
858
$7.00
$6,009
Pavement Removal Bit. Concrete
SY
317
$4.00
$1,268
Cold Milling
SY
3,717
$3.00
$11,151
KATES ROAD PAVEMENT
Bltuminous Concrete Surface
TON
80
$31.00
$2,507
Bituminous Concrete Binder
TON
109
$29.00
$3,174
Bituminous Base Course 8 "
TON
450
$26.00
$11,719
Granular Base 4"
SY
868
$4.00
$3,475
Page 1
CORMANDEL
ESTIMATED CONSTRUCTION COST
03- Oct -94
DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
WAUKEGAN ROAD PAVEMENT
1.5" Surface
TON
451
$31.00
$14,010
1.5" Binder
TON
459
$29.00
$13,327
PCC Windening
SY
1,196
$16.00
$19,137
Granular Base 5"
SY
983
$5.50
$5,408
Leveling Binder
TON
174
$26.00
$4,549
Pavement Replacement
SY
346
$14.00
$4,846
86.24 Curb and Gutter
LF
677
$8.00
$5,418
PCC Sidewalk 5"
SF
3,276
$2.00
$6,552
86.12 Curb and Gutter
LF
591
$6.50
$3,845
Curb and Gutter Removal
LF
1,443
$3.00
$4,331
PCC Sidewalk Removal
SF
2,674
$1.00
$2,674
Trench Backfill
CY
79
$19.00
$1,516
Thermoplastic Markings
LS
1
$2,780.00
$2,780
Raised Pavement Markings
LS
1
$2,679.00
$2,679
Topsoil PI. 6"
SY
2,476
$2.00
$4,953
Seeding Class 2A
AC
1
$1,667.00
$1,684
Mulch Method 7
AC
1
$252.00
$255
Traffic Control
LS
1
$20,220.00
$20,220
12 " RCP Storm
LF
56
$18.00
$1,023
15" RCP STORM
LF
33
$19.00
$636
48" Storm Manhole
EA
3
$606.00
$1,819
24' Inlet
EA
10
$303.00
$3,033
Frame & Grates Adjusted
EA
20
$151.00
$3,033
Frame & Grates Adjusted
EA
20
$151.00
$3,033
Manhole Removal, SPC
EA
4
$252.00
$1,011
Street Light Relocate
EA
3
$909.00
$2,729
Temp. Signals
LS
1
$9,099.00
$9,099
Permanent Signals
LS
1
$85,935.00
$85,935
SUBTOTAL:
$279,000
ENVIRONMENTAL PROTECTION & SITE PREPARATION MEASURES
GRADING & RELATED SITE PREPARATION - PRIVATE IMPROVEMENT
Tree Clearing
LS
1
$10,762.00
$10,762
Demolition
LS
1
$5,393.00
$5,393
Utility Abandonment
LS
1
$1,678.00
$1,078
Top Soil Stripping
CY
26,129
$2.00
$52,258
Excavation
CY
158,149
$2.00
$316,299
Topsoil Spreading, 6"
CY
26,129
$1.33
$34,838
Silt Fence
LF
2,507
$1.00
$2,507
Strawbales
EA
255
$3.00
$767
Sod & Mulch
SY
63,098
$1.00
$63,098
SUBTOTAL:
$487,000
TREE PROTECTION - PRIVATE IMPROVEMENT
Tree Protection
LS
1
$6,500.00--
'EROSION & SEDIMENT CONTROL
- PRIVATE IMPROVEMENT
Keystone Retaining Wall
SF
600
$14.00
Filter Fabric
SY
5,222
$1.50
$7,833
Addt'I Erosion Control
LS
1
$17,067.00
$17,067
SUBTOTAL:
$33,300
UTILITY SYSTEMS
STORM SEWER SYSTEM - PRIVATE IMPROVEMENT
Special Release Manhole
EA
1
$3,145.00
$3,145
24" Inlet
EA
20
$377.00
$7,540
24" Catchbasin
EA
0
$800.00
$0
48" Manhole
EA
10
$691.00
$6,910
48" Catchbasin
EA
21
$943.00
$19,752
60" Manhole
EA
7
$1,069.00
$7,483
Page 2
CORMANDEL
ESTIMATED CONSTRUCTION COST
03- Oct -94
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
60" Catchbasin
EA
5
' $1,258.00
$6,290
72" Manhole
EA
1
$1,572.00
$1,572
72" Catchbasin
EA
0
$2,800.00
$0
15" Flared End Section
EA
1
$345.00
$345
18" Flared End Section
EA
3
$377.00
$1,131
21" Flared End Section
EA
1
$440.00
$440
24" Flared End Section
EA
2
$471.00
$942
27" Flared End Section
EA
2
$534.00
$1,068
30" Flared End Section
EA
11
$597.00
$6,567
12" RCP
LF
537
$20.00
$10,740
15" RCP
LF
1,375
$20.00
$27,500
18" RCP
LF
1,274
$25.00
$31,850
21" RCP
LF
134
$30.00
$4,020
24" RCP
LF
466
$35.00
$16,310
27" RCP
LF
219
$40.00
$8,760
30" RCP
LF
1,053
$45.00
$47,385
20" Steel Casing Pipe & Auger
LF
0
$125.00
$0
Trench Backfill
CY
430
$25.00
$10,750
Other
EA
1
$35,000.00
$35,000
SUBTOTAL:
$255,500
WATER SYSTEM - PUBLIC IMPROVEMENT
10" DIP CLASS 52
LF
1,872
$40.00
$74,890
8" DIP CLASS 52
LF
3,102
$35.00
$108,570
6" DIP CLASS 52
LF
482
$30.00
$14,470
Fire Hydrants
EA
19
$646.00
$12,279
10" Valve, 60" Vault
EA
5
$969.00
$4,847
10" Tapping Valve, 60" Vault
EA
1
$3,300.00
$2,132
8" Valve, 48" Vault
EA
9
$1,200.00
$6,980
8" Tapping Valve, 60" Vault
EA
1
$3,000.00
$1,938
6" Valve & Box
EA
11
$500.00
$3,554
Casing Pipe
LF
20
$32.00
$646
Trench Backfill
CY
1,217
$25.00
$19,663
Other
EA
1
$25,000.00
$25,000
SUBTOTAL:
$275,000
SANITARY SEWER SYSTEM - PUBLIC IMPROVEMENT
48 Sanitary Manhole
EA
26
$957.00
$24,905
Drop Connections
EA
3
$319.00
$957
8" PVC SDR 26 San. Sewer
LF
3,832
$25.00
$95,809
Casing Pipe
LF
42
$45.00
$1,915
Trench Backfill
CY
2,009
$20.00
$40,199
Other
EA
1
$35,000.00
$35,000
SUBTOTAL:
$198,800
TENNIS COURT(120 -60) - PRIVATE IMPROVEMENT
Bituminous Surface & Coating TON 53 $70.00 $3,710
CA -6 Stone Base -6" TON 200 $14.00 $2,800
10' Fencing and Gate LF 360 $18.00 $6,480
Netting and Posts EA 1 $1,500.00 $1,500
SUBTOTAL: $14,490
BASKETBALL COURT (40.60) - PRIVATE IMPROVEMENT
Bituminous Surface & Coating TON 32 $70.00 $2,240
CA -6 Stone Base -6" TON 80 $14.00 $1,120
Backstops EA 2 $800.00 $1,600
SUBTOTAL: $4,960
VOLLEYBALL COURT (20.44) - PRIVATE IMPROVEMENT
Sand Base-12" CY
Netting /Posts EA 1 $1,500.00 $1,500
SUBTOTAL: $2,556
Page 3
CORMANDEL
ESTIMATED CONSTRUCTION COST
03- Oct -94
DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL
TOT -LOT PLAYGROUNDS - PRIVATE IMPROVEMENT
Playground Structures EA
3 $7,000.00
$21,000
Kompan Play Apparatus EA
6 $200.00
$1,200
Swing Sets EA
3 $700.00
$2,100
Sand and Mulch Base EA
3 $1,000.00
$3,000
SUBTOTAL:
$27,300
CLUBHOUSE - PRIVATE IMPROVEMENT
Clubhouse Building With two SF 3900 $65.00 $253,500
Pools, exercise Room &
Party Room
SUBTOTAL: $253,500
TOTAL RECREATIONAL TYPE IMPROVEMENTS: $302,806
TOTAL SITEWORK TYPE IMPROVEMENTS: $2,333,340
SUBTOTAL - Estimated Construction Cost $2,636,146
Inspection Fees $6,500
SUBTOTAL - Estimated Construction Cost and Inspection Fees $2,642,646
110% Of Estimated Construction Cost and Inspection Fees $2,906,910
Estimated Cost of Construction Manager $58,138
(2% of Estimated Construction Cost)
TOTAL AMOUNT $2,965,048
SMRI W A ESTCOST
Page 4
NBD Bank
100 East Higgins Road
Elk Grove Village, IL
708/439 -1888 Telex: 206806/190278
Cable: BANKELGR
International Banking
DATE:
IRREVOCABLE DOCUMENTARY CREDIT NUMBER:
BENEFICIARY
VILLAGE OF DEERFIELD
850 WAUKEGAN ROAD
DEERFIELD, ILLINOIS 60015
ATTN: VILLAGE MANAGER
APPLICANT
OPTIMA DEERFIELD LIMITED
SUBPARTNERSHIP, L.P.
630 VERNON AVENUE
GLENCOE, ILLINOIS 60022
AMOUNT
EXPIRY
PAGE 1 of 2
AT OUR COUNTERS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER
WHICH IS AVAILABLE WITH US BY SIGHT PAYMENTS) AGAINST PRESENTATION OF YOUR
DRAFT(S) "AT SIGHT" DRAWN ON US, BEARING THE CLAUSE "DRAWN UNDER NBD BANK, ELK GROVE
VILLAGE, ILLINOIS LETTER OF CREDIT NUMBER " AND ACCOMPANIED BY:
A CERTIFICATE OF THE VILLAGE MANAGER AND THE VILLAGE ENGINEER OF BENEFICIARY STATING:
"BENEFICIARY IS ENTITLED TO DRAW ON THIS LETTER OF CREDIT PURSUANT TO THE TERMS OF THE
DEVELOPMENT AGREEMENT DATED , 1994 BETWEEN BENEFICIARY AND OPTIMA
DEERFIELD LIMITED SUBPARTNERSHIP, L.P."
REDUCTIONS TO THIS LETTER OF CREDIT WILL BE MADE UPON OUR RECEIPT OF A WRITTEN
REDUCTION REQUEST BY THE APPLICANT AND OUR RECEIPT OF A WRITTEN AUTHORIZATION BY
THE VILLAGE ENGINEER.
THIS LETTER OF CREDIT WILL BE CANCELLED IF: (A) NBD BANK, NOT INDIVIDUALLY, BUT SOLELY
AS TRUSTEE UNDER TRUST NUMBER 4894 FOR WHICH THE BENEFICIARY IS OPTIMA DEERFIELD
LIMITED SUBPARTNERSHIP, L.P. OR AN AFFILIATED COMPANY, DOES NOT ACQUIRE TITLE TO REAL
ESTATE DESCRIBED AS COROMANDEL SUBDIVISION GENERALLY LOCATED AT THE NORTHWEST
INTERSECTION OF KATES AND WAUKEGAN ROADS IN DEERFIELD, ILLINOIS ON OR BEFORE
OCTOBER 31, 1994, AND (B) THE TRUSTEE NOTIFIES NBD INTERNATIONAL BANKING AND
BENEFICIARY IN WRITING OF SUCH EVENT, ON OR BEFORE NOVEMBER 5, 1994.
"WE (NBD BANK) WILL ENDEAVOR TO GIVE WRITTEN NOTICE OF THE EXPIRATION DATE TO THE
VILLAGE MANAGER OF THE VILLAGE OF DEERFIELD AT LEAST 30 DAYS PRIOR TO THE EXPIRATION
DATE, PROVIDED; HOWEVER, THAT FAILURE TO GIVE SUCH NOTICE SHALL NOT EXTEND THE
100 East Higgins Road
Elk Grove Village, IL
708/439 -1888 Telex: 206806/190278
Cable: BANKELGR
International Banking
PAGE 2 of 2
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER:
EXPIRATION DATE OR AFFECT ANY OF OUR (NBD BANK'S) OBLIGATIONS HEREUNDER OR OTHERWISE
IMPOSE ANY LIABILITY UPON NBD BANK TO THE VILLAGE OF DEERFIELD."
THIS DOCUMENTARY CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS" (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION
NO. 500.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION,
PLEASE CALL 708 - 427 -5720
NBD BANK,
BY:
ITS:
THIS DOCUMENT CONSISTS OF 2 PAGES.
sAdA I aU- I Uettermedt
BY:
ITS:
EXHIBIT "G"
FORM LETTER OF CREDIT
EXHIBIT "H"
INSPECTING ENGINEER SCOPE OF SERVICES
INSPECTING ENGINEER SCOPE OF SERVICES
It is the intent of the parties that the Inspecting Engineer serve as the Village's field inspector and
as such is responsible for advising the Village of all aspects of the Public Improvements and Private
Improvements identified on Exhibit "F ". Specifically, the Inspecting Engineer scope of services will
be as follows:
During Construction
* Make whatever inspections are reasonably required to inspect any Public
Improvements and Private Improvements to confirm that the Improvements are being
installed in compliance with the approved Final Improvement Plan. This shall
include inspecting any Public Improvements and/or Private Improvements prior to
backfilling or other manner of closure when applicable. Prior to the commencement
of construction of the Public Improvements and Private Improvements, the
Inspecting Engineer and the Project Architect shall establish a list of required
inspections for each of the Public Improvements and Private Improvements.
* Submit inspection reports to the Village Engineer.
* Review certifications of the Project Architect regarding work for which Letter(s) of
credit reductions are sought and report on such certifications to the Village Engineer.
* Review any notices from the HOA and/or unit owners pursuant to Section 4- 107,E,5
and report to the Village Engineer on whether or not further action and corrective
measures should be taken to conform with the approved Final Improvement Plan.
* Certify that all or specific individual Public Improvements constructed or installed
are in compliance with the approved Final Improvement Plan and all appropriate As-
Built drawings have been submitted when the Developer seeks the Village's
acceptance of any Public Improvement(s).
EXHIBIT "I"
INSPECTING ENGINEER SCOPE OF SERVICES LETTER AGREEMENT
_7088353073 OPTIMA INC.
_ . _ .�`... ConsWWV &Wneets
3100 Dn hbrookaIL 60062 4
708-272-7750
FAX: 708- 272.089
October 3,1994
Mr. vB of nay
�a$`i 0015
Re: lW
Boa
�absovadm
(W)"ffff"
Dear Mr. Soyk :
S59 PO2 OCT 03 194 16:29
- "14. 1 rx�ui
We are plc=W to provide the foUowing pmpoW for cawaudion ohsemdw sevcices on
Me Cora nandel PrWact. it is our mderstundiag from the 11111 F S12ffthat they will rev -
quire a combo atiotr of full and part-time — —eetion services on the various pl»s of the
improvement& in the prowl, we have � the tip lved � indication of
part time or fall tmm sernma and our eshma
This prropoW is dividad into four saefi ns as €a mr.
L Scope of Servim
11L ft0eWA.SdxAhllc
13L staff
IV. gnptpvw Men fDr Services.
Pie= review this proposal and cmin t us if you have MW Quesdom
GEWALTHAmmN
ASSOCIATLS, INC,
7098353073 OPTIMA INC.
L SCOPE OF SERVICES
558 P03 __ OCT 03'94 16:29
'nil scope is based upon our meedW with the VIWW 8 eerinS D truant and the
Coromandel I�meat Algreemeut dared SepW*:r 3 ,1994. �amii�n Aso-
dates, Ins will prande the services of a pma�sional engineer and senior technician to
wordioate and conduct a�tructioa observation service-- Speuficaliy these services vnH
include the fc lwAmr.
1. Provide a qualified Senior Tscitniciian or Junior En inter to observe the +coymc-
tion and to revort to the Project Emdwr in our omee. Mia Technician will main-
tain a writt+mlog regarding the progress and conditions of the work. He will also
coordinate with both the general pastor and the Viffam r with to
the r�e�flquirem�t for inspection and will provide all necessary repoxt3.
pe i� by
the Villsge der.
I Maim periodic site visits to ba t any Public and Private ir�rovemeuts to confirm
than the rmprvoveements arcs b tn�ttalled in OoMp iaree wait tho appr&md find
improvementylan. This shall Th4ude impecting any pubic and /or private im-
pruveme nn pnor to'backMling or otbar man of closure when applicahUr-
3. GHA wiri secure the services of a construction taft Orm to =&ct specialimd
construction services whieb wild include soil, aggregate, Portland Cement con-
crete, and bituminous concrete testing. The testes firm will be selected by the
V sod hm a direct contract with 'U"UUW- The Village will be reimb ruA
frsr� services of the testing &m by OptW4 bim in auccarda= with the develop -
n=t agreement. GHA wM t oonftto and review all independiaut testing opera-
dm
dprooedum and assure all testing is provided in c�formasm with Vilingc
4. 1'ba re�pmsentative of GHA will attend job site progress tneetiugs in conjunction
wit#t inspecdon acatvities as necossaxy during the course of the work.
S. Review eertificatiams of Project Architect regarding work for which performance
guarantee reductions are sought and report on sucb certifications to Vr7lage Engi-
neer.
E Mw field will observe and all watermain pressure sad cb1 m ucia
testing as well es ec�ertlfy the results of�" ` tests as wired by iEFA and
coar�SAM all pqmrwdrk with regard to approval of MPA pa naits.
7_ The fi41d ittapiCar�Nrill obaer�re and re an all sanitary sewer testing including
deflection test„ air InUp testiq wid mwe r vidoo tapang-
& Review any wdccs from the Ameowam Aswciation and /or unit owners relative
to defidenAes to the sito improvetRents and report to Village End on whether
or not further action and corrective measures should be taken to conform with
approved final impmdweaient play
7088353073 OPTIMA INC.
558 PO4 OCT 03194 16:30
9. that an or sptaf c itu deal public impravaments Bong mmcted or installed
are in com Aimm with apppprrovcd final fmprUvcWnt 1*0 and all appropriato as-
bus'it drawings have been submitted when devrdapeyr seems Viliar amgmmee of am
p►eblic s}.
YF. PROPOSED SCFIF, =
We are prepared to bran work on this pwiect m saw as stuthoriaation lea$ boo received.
We will eoordimtc our schedule with the regents of the VflLW and ass= that all of
ghee rexiuit+anents ace mct_
Following is our of timc flames iwu vcd for the project mW indication of the level
of smvica to be provided.
Grading Mass F.artbwcmk Fart Tie 9 w Wm
�ewound�mnn. WOW FUR Time 8 weeks
aw parkiag Loot
P �e' fabric. stone Fall lime S w
bye and surfs.= Comm)
Cmarete Work Part 71= 5 Weeks
Erosion Cb*ml/Restorad n fart Time 3 weeks
Part IN= assamcs► lU hours per weals for a technician and 5 hours per week for an ou6-
neer. Full dme assumes 22 hears per week for a to bmcm and 7.5 hours per week for an
eineer.
1V. ENC.DZR MG STMW
(,xv"1V1~Ianmlton Associate% Inc. p mpm Mr. Donald R Matthews, P.F. will fumcaian as
the Project Eughw r overs"kg general inspect ioa of the project. Mr. Michael iaikic
1UT. aQd Mr. Cede Whitten, sew tembuieian,�r�de on the job absomtion
I ii rdinatioa setvim undcrr the asp siou of Mr.
7088353073 OPTIMA INC. 558 P05 OCT 03194 16:30
___ -- --
W. llth7vs Will fnsection as the direct contact between the Villas and the contractor
and cftnt, lt Mr. Luldesb and Mr. WWuea will be primar involved in the day to
day
IV. CUMI'"BNUZTL N FOR iSEBVICM
Since we, c uum precisely define the mindw of hours re for this project, we have
estimated to extent of our w vkm based on our kuewle: ec of the3 project to date. 'Ibis
inimmatim h pwaed in the proposed sc hed * above. Based on our cifimate of the pro-
Posed scbedaie, we asti m, the cost of these seMees to be 540,000.00, We emphasize ftt
this is suit an tQ sold we for this pp�o}'�r..ot because of
the unpredictabie tm+e of . servIces. Va imraw the Village for the
e� � "project on a time and matarial basis in aaoo�nce with the
Wkwing
$ 94.00 P$R HCUR
86.00 PER HOUR
82.QA PER HOUR
7200 PER HOUR
PER HOUR
520 PIER HOUR
36.00 PIER HOM
We look fWward to psvvWi m- , * : censtraction � services fa this project as an eaten
dion to aar design ser�ees. intim le know ge of the daigp eonopts, construction
rc � project spedH�ons make our form ideally su ed to preform the above
hwokw will be submitted on a monthly basis and will detail SaMoes performed. State.
ments� category noel that bas worked oebn the pro" the number of hom Hop
etc are emmidered reimbursab� to d. s� be balled � asp ou In AM=- mend A.
Invaim from the comtnwflon testing firm will be forwarded di to the VdWge from
the testing fixm. This w0> c iminate GIRA marlwp fens asso aW vn& bantling and pmo-
esshw subcansnitafadd finoicc&
Please see Attachment A far Standard Candidow to this Agreement.
4
7088353073 OPTIMA INC. 558 P06 OCT 03194 16:31
WI Orl iJI1 au ac. v1�wr. ... .. .. �.v.. •-- -•- -- --..
yj you an ju agmm=t with the terms of d& p'mpoA p slp your um bWuw
aW ret= cm off► tO our OffQ9.
' bwk you for ym egansiden dion.
A .T Hl�A�'PDN ASSWATES; INC
tin. cnt
►4' 1 1' 1 1
l tic
Dam:
L 1• It ' :1 '4 yav so I OIL I d 1 .11 6V / v I'M I I a PIA
OF 19" Y" Di3JR_EELD, L.F. an J imiWd parft"P
0VjjWA DBE UWL,D HOLDINGS, L.p.0 au JUlnob Undtod Futwnbip
Its Gewral Pu tner
Dr. OFI VAA, IEERF A INC., as lWaols CorpoM*M its G=Wd PaaM=
P
7088353073 OPTIMA INC. 55S P07 OCT 03 194 16:31
Cif C BUJ "t JJM LlJ' 1G IM6-$B- ■ v ..,.., r �..
CIVIL IENGiNBERMG AGREENMT
This proposal is subject to renege ation if trot approved
within 60 days. Requests for cKkT Sian stwold be made in
writing prior to the expiration date. The fees and terms
shalt rewAla in full farce and et'fed for ore year from the
date of algnature of this Agreement; and shall be subject to
revision at that time, or any time thereafter, if Car walt-
Hmilton Awo iatft Inc gives written notice to the other
ply at least 60 days prior to fire requested date of
revision. In the event that the parties tali to agree tm the
new rates or other re-vincin% el&w gaily may tern
We Agreez nerd by giving the other party 10 days written
not[ce.
Statements of Gewalt- lamilton Assodates, Inc.. charges
made agabW a prgect are submitted to Clients every four
weeks. This perinits the Client to review the status of work
in progress and the CUSrps made. Statements list the
story of personnel worked on the pmgect, the
numbers of hours spent, and the charges for the el.
Statements also show "out -of - pocket" oasis wall
include actual expettditures made In the iriwest of the
pr% ject such as: transportatim long distmee telephone
ells, reproduction of drawings speeifEcahom and reporia,
photography, model material, equipment rental, and
postage and delivery charges on any Of the pretaddittg.
Payments are due within thirty (30) days after a statement
is rattdemd. Aayment not merle wiN,in 60 days from the erect
of the aderm ar month in wh%ii the services were rendered
will bear interest at the rate of WW and one -half percent
(1-9%) per month until paid. Tire prevision for the payment
of interest son riot be anwc red as Authorization to mains
Payments late_ Failure of the other party to make
popwads when due shalt be muse for suspension of services.
GewaltrHamilton, Associatea Inc„ srhall be endued to
reimbursement of all costa actually incurred by it in
mllechng ovatduae accounts under tills agm"nent, irtdtuilttg,,
without liinuitatiosts, legal fees.
An drowinS16 spedOcations and other wattle products of
cewrult- Hamilton Associates, Inc., for this project are
instruments of service far this project only and shall remain
the property of the Engineer whether the project is
completed or not. Re-use of any of the instruments of serf ice
of Gewalt- Hamitton Assocfabis, Inc. by the Client on the
exte>}*= of this project Of an any ether project Wltbout the
written permission of Gewait Hamilton Asaociabm, Inc.
shall be at Climes risk and the Owner agreest to ddimd,
indemnify and hold harmless Gewalt- Hamilton
Associates,. Inc., from all claims. dainagea, wad expenses
Including attorneys' fees arising out of such unauthorized
rmm of Gewait- Hamilttm.'s instruments of suvice by the
Client or by others acct t hrougb the ClieaL
If required by the project scope of services, Gewalt-
Hamilton AsQodatss, Inc.. shall prr"we an opinion of
probWe ucdM cow, wh7gh shall be submitted to the
owner for review. Sr m Gewalt- Hamiton AssodateN Inc.,
has no control over the Cost of labdr, materials, or
equipment, or ovtw the conh tt s e methods of detenmkft
prices, or over eompetitive bidding or marlmt conditions„
opiniom of probable oasts, ae provided for heroin, are to be
sttiade on the basis of experience and quaWratiora and
represent the best Judgment as a design profewianai
familiar with the cmAtructlort industry. However, Gewalt-
Hamilton Associatm inc., carmot and does not guarantee
that prvposals6 bids, or the construction costa will mot vary
from opinions of probable east prepared for the Owner. If
the Owner wishes greater amuranae as to the Construe'ilOtl
censer he shall cmpiny an independent: cost estimator.
If required by the scope of services, as -built or rec and
drawing (or cornwted spedficatimm) Will be prepared. in
part, an the buis of in6orntabon compiled and furnished by
others Gewalt- Hkwilton Associates, Enc. will not be
responsible for any errata or omfomm which lmve been
inanrpor'ated Into this dvcrrmmt as a result
When dealing with Civil Engineering site work
infmistion on exletigg uzWcq round utiittiQs or oottditions is
provided from the beet lnformatian available. This
irAwinatinn Is obtained ham utility company receuds or soail
bori W and is not represented to be the exact locations of
these utilities or soils in the field. Final engineering plans
for co nstrudion "Wn that the coop eter eon act the
utility toes far exact locations. At that time, a dUcts
can aria require revisiona to engineering pl=% and
Construction pnmedumm In addition extra costs may be
incurred by the Client in order to resolve these Conflicts or
=foreseen conditions. The Client is advised that these
clmatotances may occur and stt=U budget aeeordboy for
these situations. Cerwa%- antllto n Astiaaciatm Iron, cannot
be responvr -bbe for these unforeseen conditions. TP the Owner
wishes to obtain the aervuxs of a contractor W provide test
holes and exact utility locations, Gewalt- Hamilton
Associates, Inc, will inmgxnahe d'aat information into the
des cos.
The Client agrees to limit the Design Professional's
liability to the Client rill to all con*ucdon wrilracbors
std subaonbuctors on the prged arieirt$ from the Design
Professional's negligent acts. errom or orniviotts, sutcit that
the total aggregate liability of Ore Design Professional to
all these :tanned shall not exceed $50,= or the Design
Prusbesannal`s total fee for. the services randemd an this
project, whichever iS gMt9r.
The Client farther agrees to require a similar limitation Of
the liability of the Design Prafesdonai and of the Client;
of the conttw*or and his subcontractors due to the Design
Profftswr acs negligent ac% errors or olxtissiams.
The Agre=wnk may be tarntirate+d up= a to dap written
notice at any time for goad eause by either party. in the
event of twminatim% full payment sW be made for
ssaMees performed to termination date huAudiag "uut =of-
pocker expenses then due and all terminal otpr. er
May 2987
TDTFAL P. 07
EXHIBIT "J"
PROJECT ARCHITECT SCOPE OF SERVICES
PROJECT ARCHITECT SCOPE OF SERVICES
During Construction
Supervise day to day construction activities for the Developer.
Provide certification to Inspecting Engineer that work for which a reduction in the
letter(s) of credit is sought, has been completed and is in conformance with the
approved Final Improvement Plan.
Certify, when a reduction in a letter(s) of credit is sought, that the amount which
would remain would be sufficient to complete all of the other items covered.
df\ 1 A7 -1 \engs.sos
IMPACT FEE AGREEMENT / COROMANDEL
THIS AGREEMENT entered into this day of 1994, between the
VILLAGE OF DEERFIELD, an Illinois municipal corporation ( "Deerfield ") and OPTIMA DEERFIELD
LIMITED SUBPARTNERSHIP, L.P., ( "Developer ").
WT lay.-I
WHEREAS, pursuant to relevant provisions of the Village Zoning Ordinance Developer has made
application to Deerfield for certain approvals, including: (i) rezoning of the former Sara Lee Property
located on Waukegan Road in the Village of Deerfield ( "Subject Property")to the R -5 General Residence
District; (ii) authorization of a Special Use for the Subject Property for a Residential Planned Unit
Development; (iii) granting of certain variances from the Village Development Code; and (iv) approving a
resubdivision of the Subject Property; and
WHEREAS, Deerfield has previously adopted Ordinance No. 0 -93 -48 (the "Ordinance ") pursuant
to its Home Rule Powers recognizing the burden placed on various governmental units resulting from
additional residential development within Deerfield; and
WHEREAS, the Ordinance establishes certain standards for dedication of land or payment of fees
in lieu thereof in recognition of the increased burden upon the various governmental units in Deerfield
resulting from additional residential development; and
WHEREAS, the Ordinance also provides a standard of value of residentially -zoned properties
within Deerfield as a basis for calculating impact fees in the manner required by the Ordinance; and
WHEREAS, Section Eighteen of the Ordinance grants authority to the Corporate Authorities of
Deerfield to determine whether or not a particular residential development will have an impact or create an
impact upon other governmental units within Deerfield or whether said development will have a lesser or
differing impact than provided for in the Ordinance;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good
valuable consideration, it is agreed by and between Deerfield and Developer as follows:
1. The preambles to this Agreement are a material part hereof, and are incorporated herein as
part of this Agreement.
2. Deerfield has conducted: (i) a review of the specific residential development proposal
presented by Developer; (ii) a review of evidence adduced by Developer as to the fair market value of the
Subject Property, (iii) a review of evidence adduced by Developer as to its efforts to satisfy Ordinance
requirements for the provision of open space or other recreational areas or facilities by providing such area
within the. development, and (iv) an analysis of the value of Developer's conveyance of a 2.66 acre site to
Deerfield for the benefit of the Deerfield / Bannockburn Fire Protection District as afire station site, as
depicted on Exhibit A hereto.
3. As a result of the foregoing, Developer agrees to pay an impact fee of One Million Four
Hundred Thousand Dollars ($1,400,000), to be paid during the course of construction as follows: From and
after the execution of this Agreement, Developer shall make payments within thirty (30) days following the
conclusion of the immediately preceding calendar quarter (January 1, April 1, July 1, October 1) to Deerfield
equal to $2,750.00 for the first 370 residential dwelling units and $12,750.00 for the final 30 residential
dwelling units multiplied by the number of residential units in the Subject Property for which building
permits were issued during each calendar quarter by Deerfield. Such payments shall continue in accordance
with this procedure until a total of $1,400,000 has been paid to Deerfield or until October 3, 2002 at which
time the Developer shall pay in full any remaining unpaid portion of the impact fee so that a total of
$1,400,000 has been paid to Deerfield.
4. Developer agrees that all payments hereunder shall be payable to Deerfield and shall be
deposited with the Village Finance Director who shall be solely responsible for disbursement of the funds
to the governmental units benefited by the Ordinance.
Deerfield acknowledges and agrees that compliance by Optima with the terms of this
Agreement constitutes full compliance with the Ordinance, and Deerfield agrees that Developer shall not
be required to make any further or other payments of cash or dedications of land which are not set forth in
this Agreement to satisfy the Ordinance.
6. Developer waives and releases any and all claims to contest the provisions of the Ordinance
or the payments and conveyances set forth herein. Further, Developer waives and releases any and all rights
to contest the time, manner and purposes of the expenditure of any fees paid hereunder, and specifically
waives any right under Section Eight of the Ordinance for any refund of fees not expended within ten (10)
years.
7. Developer and Deerfield agree that the execution and delivery of this Agreement by the
parties hereto shall be an express condition included in that certain Ordinance to be adopted by Deerfield
amending the zoning map, granting a Special Use Permit and approving the plat of subdivision for the
proposed residential development of the Subject Property. It is acknowledged by Developer that any failure
on its part to fully perform all aspects of this Agreement as and when required shall entitle Deerfield to cease
to issue Building Permits for further construction and to issue Certificates of Occupancy for completed
2
residential units.
Deerfield and Developer agree that this Agreement shall be binding upon and shall benefit
the successors, transferees, legal representatives, grantees and assigns of the parties hereto.
9. This Agreement may only be modified by an instrument in writing executed by all parties
hereto. Execution of this Agreement by Deerfield has been duly authorized and the appropriate action has
been taken by the Corporate Authorities of Deerfield to direct its execution on behalf of Deerfield.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above
written.
VILLAGE OF DEERFIELD
BY
Village President
OPTIMA DEERFIELD LIMITED SUBPARTNERSHIP
L.P.,
By: Optima Deerfield L.P., an Illinois Limited Partnership
By: Optima Deerfield Holding, L.P.,
an Illinois Limited Partnership, its General partner
By: Optima Deerfield, Inc.
an Illin oiis Corporation, its General Partner
BY 4AA04 t-O& . aj.*Ao
David C. Hovey, President
ATTEST:
BaselKD&*
df\lc \13 -1 \agree e2NoWyPW&8tate0fID1n019
September 12, 1994 1lmyCom waftIM "
COPY
STATE OF ILLINOIS )
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD ) OCT - 1994
The undersigned hereby certifies that he is the duly appointed Village Clerk of
the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a
true and accurate copy of
Ordinance No. 0 -94 -37 entitled "An Ordinance Amending the Zoning Map
and Authorizing a Special Use for a Residential Planndd Unit
Development"
as appears in the records and files of the office of the Village Clerk.
Dated this October 4. 1994
SEAL
.�, D. FRAN
Village Clerk
U,Tafx,
BYO u
CHICAG(
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rn
0
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N
rc�?raANCF CO.
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
published in pamphlet.form 1994
4th day of October
by the President and Board of
Trustees of Deerfield
JKS \11216.1 9/21/94
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
WHEREAS, the Plan Commission of the Village of Deerfield has
heretofore held-a public hearing on the Petition of OPTIMA
DEERFIELD LIMITED PARTNERSHIP (hereinafter referred to as
"Applicant "), for the classification of certain real estate
located within the Village, and hereinafter described on Exhibit
A hereto, in the R -5 General Residence District, and to authorize
the issuance of a Special Use Permit•to approve a Residential
Planned Unit Development consisting of 400 residential units
consisting of various housing types and also to authorize a
Resubdivision of the Subject Property and the vacation-of certain
easements thereon to accommodate said Special Use in accordance
with Exhibits presented to the Plan Commission and the Board of
Trustees; and
WHEREAS, said hearing was held pursuant to duly authorized
notice thereof and was in all respects held according to law; and
WHEREAS, Applicant presented a series of Exhibits for review
and consideration by the Plan Commission, including a Group
Exhibit entitled "Coromandel Final Development Plan" prepared by
Applicant and dated August 11, 1994 which includes among other
elements, (i) Final Site Plan /Final Improvement Plan; (ii) Plat
of Resubdivision and Plats of Vacation; (iii) Landscape Plans;
(iv) Construction Phasing and Logistics Schedule; and (v)
Elevations /Architectural details (which Group Exhibit and all of
its elements are hereinafter referred to as the "Final
Development Plan" and which is attached hereto and made a part
hereof as Exhibit B); and
. WHEREAS, the Plan Commission of the Village of Deerfield,
after considering the evidence adduced including Exhibit B, the
Final Development Plan, made written findings of fact and
recommended a map amendment to the Zoning Map of the Village of
Deerfield, -the issuance of a Special Use Permit to approve a
Residential Planned Unit Development in accordance with the Final
Development Plan and the approval of a Resubdivision and Plats of
Vacation to achieve the objectives sought by the Applicant; and
WHEREAS, the Village has previously adopted a Development
Code (the "Development Code ") as an element of the Residential
Planned Unit Development approval process set forth in Article 12
JKS \21116.1 9/21/94
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
of the Zoning Ordinance of the Village of Deerfield, which
Development Code provides that the Village and any Developer
enter into an agreement relative to the development of the
Subject Property specifying, among other matters, any variations
from the strict provisions of the Zoning Ordinance and setting
forth compliance with all other requirements of the Development
Code; and
WHEREAS, the Village and the Applicant have agreed upon the
terms of a Development Agreement which is attached hereto as
Exhibit C; and
WHEREAS, pursuant to the provisions of Village Ordinance No.
0 -93 -48 developers of residential property within the Village are
subject to certain land dedication requirements or payment of
fees in lieu thereof in recognition of the burdens placed on
various governmental units in the Village as a result of such
development; and
WHEREAS, the Village and the Applicant have agreed upon the
terms of an Impact Fee Agreement in satisfaction of the
requirements of Village Ordinance No. 0 -93 -48 which is attached
hereto as Exhibit D; and
WHEREAS, the President and Board of Trustees of the Village
of Deerfield have determined that the best interests of the
Village will be served by the classification of said real estate
in the manner aforesaid, the approval of the requested Special
Use for a Residential Planned Unit Development and for
authorization of the Resubdivision and Plats of Vacation as
requested by Applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:.
SECTION That the Zoning Map of the Village of Deerfield
ONE:' included and made a part of the Village Zoning
Ordnance passed April 17, 1978, as amended, is
hereby further amended by zoning and classifying the property
described;in Exhibit "A ", attached hereto and made a part hereof,
to the R -5 General Residence District.
JRS \11116.1 9/11/94
ORDINANCE NO. 0 -94 -37
AN ORDINANCE AMENDING THE ZONING MAP
AND AUTHORIZING A SPECIAL USE FOR A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
SECTION That the Final Plat of Resubdivision prepared by
TWO: Professionals Associated on behalf of Applicant
and dated May 27, 1994, for the Subject Property
is hereby approved.
SECTION That the Plats of Vacation prepared by Chicago
THREE: Guarantee Survey Company dated May 19, 1994
depicting the Sewer Easements created by document
Number 831828 and recorded July 8, 1954 and document number
1196235 and recorded August across the3Subject Propertyfbehandaare
County Recorder of Deeds
hereby approved and the rights of the Village in and to such
easement property are hereby terminated.
SECTION That the zoning map amendment approval hereby
FOUR: granted, the authorization and approval of
Special Use for a Residential Planned Development
of
and approval of the Final aandfsubjebdi�osio�a ;ndoPpliance by
Vacation is conditioned upon
Applicant, its successors an asigs and as
Final Development Plan
attached hereto as Exhibit B% (b) execution
the form attached as
Agreement between village and Applicant
Exhibit C; (c) execution of an Impact Fee Agreement between
Village and Applicant in the form attached as Exhibit D; and (d)
compliance by Applicant, its successors and assigns with all
other applicable codes and ordinances of the Village of
Deerfield.
That failure of the Applicant, its successors and
assigns to comply with the conditions set forth
herein shall result in the revocation of the
permit for Special Use for the Residential Planned
Unit Development.
SECTION
FIVE:
SECTIO That all approval and authorization of said
SIX: Special Use hereby given is subject to the
requirement that this Ordinance shall be
recorded in the office fees the expensesCincurred
Illinois; and al Applicant.
therefor shall be paid by the App
i
SECTI That the Village Clerk is hereby directed to
JR3 \21216.1 9/21/94
SEVEN: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
EIGHT: effect from and after its passage, approval and
publication, as provided by law.
AYES: Heuberger, Rosenthal, Seidman, Swanson (4)
NAYS: None '( 0 )
ABSENT: Ehlers, Swartz (2)
PASSED this _Ird day of October A.D., 1994.
APPROVED this 3rd day of October A.D., 1994.
VILLAGE PRESIDENT
ATTEST;
VIIILAGE CLERK
JKS \41416.1 9/21/94
r,
EXHIBIT A
PARCEL 1
LOT 19 IN OWNER'S FIRST ADDITION IN DEERFIELD, IN SECTION 33,
TOWNSHIP 43 NORTH, RANGE 12 EASE' OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF, RECORDED SEPTEMBER 25, 191,5, AS
DOCUMENT 161061 IN BOOK "J" OF PLATS, PAGES 46 AND 47. EXCEPTING
THEREFROM THAT PART DESCRIBED AS FOLLOWS:
BEGINNING AT THE.SOUTHIVEST CORNER OF LOT 1 IN BLOCK 5 IN
HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD, ILLINOIS,.
(ACCORDING TO THE PLAT THEREOF, RECORDED ON JUNE 2118 74, IN BOOK "A" OF
PLATS ON PAGE 16) SAID SOUTHWEST .CORNER BEING 20 FEET . SOUTH OF THE
SOUTHEAST CORNER OF if OODMAN'S RESUDDIVISION OF LOTS 2, 3, 41 S, 6, AND 7
IN BLOCK S AND LOTS 1, 2 AND 3 IN. BLOCK 4 OF AFORESAID HALL AND
OSTERMAN'S ADDITION; .....
THENCE SOUTH IS DEGREES 46 MINUTES EAST, 52 FEET;
THENCE EAST 66 FEET TO THE MOST SOUTHERLY SOUTHIf EST
CORNER OF SAID LOT 1, BLOCK S, HALL AND OSTERMAN'S ADDITION;
THENCE NORTH 13 MINUTES WEST, 50 FEET ALONG THE BOUNDARY
LINE OF SAID LOT 1, BLOCK 5;
THENCE WEST ALONG THE BOUNDARY OF SAID LOT 1, BLOCK S, 80
FEET TO THE PLACE OF BEGINNING.
ALSO EXCEPTING FROM SAID LOT 19 THAT PART THEREOF DESCRIBED
AS FOLLOWS, TO WIT:
BEGINNING ATA POINT IN THE SOUTH LINE OF LOT 10 IN WOODMAN'S
RESUBDIVISION OF PARTS OF BLOCKS 4 AND 5 IN HALL AND OSTERMAN'S
ADDITION AFORESAID, SAID POINT BEING 10 FEET, EAST OF THE SOUTHWEST
CORNER OF SAID LOT 10,
THENCE SOUTH PARALLEL TO THE WEST LINE OF LOT 10 EXTENDED,
10.30 FEET;
THENCE SOUTH 23 DEGREES EAST, 356.95 FEET TO A POINT WHICH IS
305 FEET EASTERLY OF THE CENTERLINE OF. THE RIGHT OF WAY OF THE
CHICAGO, MILIf'AUKEE, ST. PAUL, AND PACIFIC RAILWAY COMPANY, MEASURED AT
RIGHT ANGLES THERETO;
THENCE SOUTHERLY PARALLEL TO THE EASTERLY RIGHT OF 11'AY
LINE OF SAID RAILWAY, 300 FEET,
THENCE WESTERLYAT RIGHT ANGLES TO THE LAST DESCRIBED LINE,
255 FEET TO THE EASTERLY LINE OF SAID RAILWAY,
THENCE NORTHERLY ALONG SAID EASTERLYRIGHT OF IYAYLINE, 300
FEET;
THENCE EASTERLY AT RIGHT,. ANGLES TO SAID EASTERLY RIGHT OF
WAY LINE, 125. FEET;
THENCE NORTHERLY ON A CURVE CONCENTRIC TO THE CENTERLINE
OF SAID RIGHT OF li'AYAND 175 FEET EASTERLY THEREFROM, 429.50 FEET TO THE
NORTHWEST CORNER OF SAID LOT 19;
THENCE EASTERLY 147.90 FEET TO THE PL,4 CE OF BEGINNING, IN
LAKE COUNTY, ILLINOIS.
PARCEL 2
A PARCEL OF LAND, BEING THAT PART OF THE SOUTHWEST QUARTER
OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL
MERIDIAN, WHICH LIES WEST OF THE CENTERLINE OF l iA UKEGAN ROAD
(FORMERLY TELEGRAPH ROAD) EAST OF THE EASTERLY RIGHT OF WAY LINE OF
THE CHICAGO, MILIVAUKEE, ST. PAUL, AND PACIFIC RAILROAD COMPANY AND
NORTH AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE POINT- OF INTERSECTION OF SAID EASTERLY
RIGHT OF NAY LINE. OF THE CHICAGO, MIL11'AUKEE, ST. PAUL, AND-PACIFIC
RAILROAD COMPANY WITH THE SOUTH LINE OF THE NORTH 635.20 FEET OF SAID
SOUTHWEST QUARTER, AND RUNNING
THENCE EAST ALONG THE SOUTH LINE OF THE NORTH 635.20 FEET,
A DISTANCE OF •1412:23 FEET, AND
THENCE NORTHEAST)fARDLY ALONG A LINE WHICH DEFLECTS 26
DEGREES, 21 MINUTES TO THE LEFT FROM A PROLONGATION OF THE LAST
DESCRIBED- COURSE, A DISTANCE OF 117.03 FEET TO THE CENTERLINE OF
WAUKEGAN ROAD AND (EXCEPT THAT PART DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST
QUARTER;
THENCE NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 504.01
FEET ALONG THE NORTH LINE. OF SAID SOUTHWEST QUARTER TO A POINT ON THE
NORTHEASTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL,
AND PACIFIC RAILROAD;
THENCE SOUTH 25 DEGREES 15 MINUTES 59 SECONDS EAST, 669.26
FEET ALONG SAID NORTHEASTERLI' RIGHT OF NAY TO A POINT ON THE NORTH
RIGHT OF 1 PAY LINE OF KATES ROAD;
THENCE NORTH. 89 DEGREES 58 MINUTES 5,5 SECONDS EAST, 342.88
FEET ALONG SAID NORTH RIGHT OF 11'AY LINE TO THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 01 MINUTES 05 SECONDS WEST, 76.25
FEET;
FEET; THENCE. NORTH 89 DEGREES 58 MINUTES 55 SECONDS EAST, 489.95
THENCE SOUTH 00 DEGREES 01 MINUTES 05 SECONDS EAST
FEET; , 56.25
THENCE SOUTH 45 DEGREES 01 MINUTES 05 SECONDS EAST, 28.28
FEET TO A POINT ON THE NORTH RIGHT OF IVAY OF KATES ROAD,
THENCE SOUTH 89 DEGREES 58 MINUTES SS SECONDS WEST, 509.95
FEET ALONG AFORESAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING), IN
LAKE COUNTY, ILLINOIS. ,
r CONTAINING, IN THE AGGREGATE, 21261,091 SQUARE FEET (SI.90751
ACRES) OF LAND, MORE OR LESS, INCLUDING 74,640 SQUARE FEET (1.71350 ACRES)
OF LAND IN 11'AUKEGAN ROAD AND INCLUDING 45,879. SQUARE FEET (1.05324
ACRES) OF LAND IN KATES ROAD.
For property commonly known as 733 -737 Central Avenue, Deerfield, Illinois:
Lot 3 in Matthy's Resubdivision of Lots 8, 9, and 10 (except the West 10 feet of Lot 10) in
Woodman's Resubdivision of part of Blocks 4 and 5 in Hall and Osterman's Addition to
Deerfield, in Section 33, Township 43 North, Range 12 East of the Third Principal Meridian,
according to the Plat of said Matthy's Resubdivision recorded April 19, 1966 as Document
1301146 in Lake County, Illinois.
0