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O-99-16
ORDINANCE NO. 0-99-16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT Published in pamphlet form this 15thday of March , 1999 by the President and Board of Trustees of Deerfield. 1KS 218335 . 1 January 28, 1999 ORDINANCE NO. 0-99-16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT WHEREAS, the properties legally described in Exhibits A and B attached hereto and made a part hereof are presently classified in the 1 -2A Village Center Limited Industrial District and the R -4 Single and Two - Family Residential District respectively, and in, addition to the property legally described in Exhibit C attached hereto which is presently classified in the R -5 General Residence District comprise the "Subject Property "; and WHEREAS, Edward R. James Partners, L.L.C., an Illinois limited liability company ( "Developer "), and the Village of Deerfield (collectively with Developer, the "Applicant ") have filed an application seeking the reclassification of the properties legally described in Exhibits A and B to the R -5 General Residence District and to authorize the development of the Subject Property for a Special Use Village Center/Residential Planned Development for consideration by the Plan Commission of the Village of Deerfield; and WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of the Applicant for the classification of the properties legally described in Exhibits A and B in the R -5 General Residence District, and to authorize the development and use of the Subject Property for a Special Use Village Center /Residential Planned Development to include and permit the construction of 153 residential dwelling units as more particularly described below, in accordance with Articles 4.05- C,8,b, 12.04 and 13.11 of the Zoning Ordinance of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield- considered and reviewed the evidence adduced, including those exhibits listed on and attached hereto and made a part hereof as Exhibit D, and thereafter, the Plan Commission made written findings of fact and recommended that said Special Use of said real estate for a Village Center /Residential Planned Development, including 153 residential dwelling units, be granted, subject to certain conditions and restrictions hereinafter set forth; 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 the properties legally described in Exhibits A and B in the R -5 General Residence District as recommended by the Plan Commission and by the granting of said Special Use as herein described. JKS 218335 . I January 28, 1999 ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT 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 included and made a part of ONE: the Village Zoning Ordinance passed April 17, 1978, as amended, is hereby further amended by zoning and classifying the properties legally described in Exhibits A and B to the R -5 General Residence District. SECTION That the President and Board of Trustees do hereby affirmatively find that the TWO: Special Use of the Subject Property for a Village Center/Residential Planned Development, as hereby authorized, fully complies with the requirements and standards set forth in the applicable provisions of the Village Zoning Ordinance, and said Special Use of the Subject Property, as specifically proposed, be and the same is hereby authorized and approved. The foregoing authorization and approval are subject to the following conditions: (A) That all use, construction and development shall be in accordance with Exhibit D, attached hereto and made a part hereof, consisting of the Final Development Plan prepared by Jen Land Design and dated October 28, 1998; Final Landscape Plan prepared by the Lakota Group, Inc. dated October 20, 1998; the Architectural Plans, Elevations and Renderings submitted by Developer and prepared by Bloodgood Sharp Buster and Otis Associates and dated October 12, 1998; and all other documentary and exhibit filings made pursuant to Planned Unit Development Procedures as set forth in Articles 12.04 and 12.09 of the Village Zoning Ordinance, the terms of this Ordinance, and all representations by the Developer to the Plan Commission and President and Board of Trustees. (B) Continued compliance. with all terms and conditions of a certain Redevelopment Agreement dated January 4 1999 by and between the Village and Developer. (C) That all vacations, dedications and resubdivisions as may be required to permit the proposed development and the consolidation of the individual parcels within the proposed development will be accomplished by the cooperation of Developer and the Village of Deerfield. JKS 218335 . 1 January 28, 1999 ORDINANCE NO. O -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT (D) Village and Developer enter into a Development Agreement in accordance with the provisions of the Village of Deerfield Development Code adopted as Ordinance 93- 54. SECTION That in connection with the approval of the above - described Special Use the THREE: Developer is granted the following modifications of the regulations contained in the R -5 General District pursuant to the provisions of Articles 12.07 and 12.04 -N of the Village Zoning Ordinance. (A) A modification/exception of the setback requirement between a public street and building to allow a 30 foot setback from the Osterman Avenue property line (condominium building A) and a 27 foot setback from the Robert York Avenue property line (condominium building B) in lieu of the required 45 feet for the condominium buildings, and to allow a 23 foot setback from Central Avenue property line in lieu of the required 25 foot setback for the rowhomes. (B) A modification/exception of the setback requirements between a private street and a building to allow a building (building 7) to be setback 20 feet from the private street running between the villas in lieu of the required 29 feet, and allow a building (building 4) to be setback 23 feet from the private street running between the villas in lieu of the required 29 feet. (C) A modification/exception of the required 25 foot perimeter setback to allow parking for the condominiums in the west set back, a 14 foot setback along the east perimeter for the villas (building 7), a 23 foot setback along Central Avenue for the rowhomes, a 24 foot setback at the east side of the rowhomes. (D) A modification/exception to the parking stall size requirement in order to permit 8 foot wide parallel parking spaces in lieu of the required 8 1/2 wide spaces in the private road between the villas. (E) A modification to the signage requirements to allow a 28 s.f. sign in lieu of the required 12 s.f. sign at the entrance to the development, a height of 5'6" in lieu of 4 feet and to allow the proposed ground signs to be within 15 feet of the property lines. (F) A variance from the Development Code to allow a private street between the villas. JKS 218335 . I January 28, 1999 3 ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT SECTION That any violation of any of the conditions hereinabove set forth, shall FOUR: authorize the revocation of the Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish this Ordinance in FIVE: pamphlet form and see to its recordation in the office of the Recorder of Deeds of Lake County, Illinois at Developer's expense. SECTION That this Ordinance shall be in full force and effect from and after its passage, SIX: approval and publication as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0 ) ABSENT: None (0 ) PASSED: This 15th day of APPROVED: This 15th day of ATTEST: . is ' . ' ♦ . �Ti -'� - March March VILVAGE CLERK 1KS 218335 . 1 January 28, 1999 4 A.D., 1999. A.D., 1999. tA -Adhwt J— ALA., oelpe2hem - W -:! #7 V L GE PRESIDENT REDEVELOPMENT AGREEMENT THIS REDEVELOPMENT AGREEMENT (the "Agreement"), dated this 4th day of January , 1999, is by and between the VILLAGE OF DEERFIELD, Lake and Cook Counties, Illinois, a municipal corporation (the "Village ") and SOUTH COMMONS VENTURE, an Illinois. general.partnership (the "Developer "). WITNESSETH: IN CONSIDERATION of the Preliminary Statements described below, the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Preliminary Statements Among. the matters of mutual inducement which have resulted in this Agreement are the following: A. The State of Illinois has established tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, Chapter 65, Section 5/11 -74.4, et seq., Illinois Compiled Statutes as from time to time amended (the "Act "). . B. In accordance with the. requirements of the Act, the Board of Trustees of the Village adopted an . ordinance approving a proposed redevelopment plan and project as set.forth in that certain Increment Financing Redevelopment Tax Plan (the "TIF Plan "), dated December. 15, 1986, prepared by the Village'as amended on December 7, 1992 and on January 19, 1998, which contains a plan for the . redevelopment of certain land within the Village. C. In accordance with the Act, the Board of Trustees of the .Village has adopted . certain ordinances by which the redevelopment project area legally described in such ordinances (the "Redevelopment Project Area ") was . designated a redevelopment project area as that terns i' defined by the Act .and by which tax increment financing was adopted pursuant to the Act for purposes of implementing the TIF Plan for the Redevelopment Project Area. JKS 170671 . S December 29. 1998 D. The Village is committed to the rehabilitation and redevelopment of the Redevelopment Project Area in accordance with the TIF Plan in order to serve the needs of the Village, increase employment opportunities, provide improved housing availability and variety, arrest physical decay and decline in conditions now existing within the Redevelopment Project Area, stimulate residential and commercial . growth and stabilize the tax base of the Village. E. In furtherance of its commitment,. the Village has from time to time invited and solicited proposals from qualified developers for redevelopment of certain land within the. Redevelopment Project Area and has designated such land as the "Project Area" in an- effort to encourage its revitalization as outlined in the TIF Plan. F. The Developer has expressed an interest to redevelop the Project Area legally described on Exhibit A attached hereto and made a part hereof, and has submitted to the Village information with regard to its background and experience and has submitted its plan with regard to. redevelopment of the Project . Area (the "Project "), which plan is in accordance with the TIF Plan which contemplates a .redevelopment such as the Project. G. The :Village believes that if the Project Area is not redeveloped, significant TIF funds will be needed to arrest. the declining physical conditions of the Project Area. y 2. Developer Responsibilities A. Preliminary Design Concept. The Project site plan ( "Site Plan"), site data and the conceptual elevations ( "Conceptual Elevations "), as referenced on Exhibit B, attached hereto and made a part hereof, are hereby incorporated herein as the preliminary design concept which has been reviewed by the Plan Commission and approved by .the Corporate. Authorities of the Village as a part of the preliminary planned unit development ( "Preliminary Plan") described herein below. B. Preliminary Plan. The Developer has submitted to the Village the complete Preliminary Plan for the redevelopment of the Project which includes the. items listed below: (.i) Site Plan, Site Data and Conceptual Elevations for the entire Project specifying the number of dwelling units (not in excess of 153 units in the aggregate), types of dwelling units, dwelling unit design standards and their approximate size and landscaping plans; including architectural elements. JKS 170671. 8 December 29. 1998 _ _ (ii) Use of open space, and landscaped areas as deemed necessary to make an appropriate transition between the Project and adjoining neighborhoods. (iii) Plans with respect to parking, sigriage, building facades, lighting, storm watet . management, water and sanitary sewer design, improvements to portions of dedicated. right -of -way adjoining or .included in the Project Area, including, but not limited to, Central Avenue, and other infrastructure requirements. (iv) Preliminary development schedule with respect to the completion of each phase and/or material aspect of the Project ( "Project Schedule "). (v) Topographic Survey. (vi) Fully dimensioned Preliminary Plan documents indicating the following: (a) All public and-private roads, driveways. and parking areas; (b) Location and identification of various types of residential dwelling units; and (c) Location of amenities /landscaped areas. (vii) Preliminary engineering design sufficiently detailed to: include cost estimates for necessary improvements. C. Presentations. The Developer shall. meet with and make any further presentations to the Village and its appropriate Boards and Commissions as deemed necessary . and desirable to present and explain the Project, so long as any such meetings are in accordance with all applicable laws of the .State of Illinois and the ordinances of the Village. D. Developer Representative. The. Developer hereby agrees to designate representatives of the Developer with authority to meet with the Village's staff for purposes of coordinating' the implementation of the obligations of the parties under this Agreement and the Project; provided,, however, that such representatives may not amend the obligations of either party under this Agreement, unless agreed to by the parties in.writing. E. The Project Name. Subject to the approval of the Corporate Authorities of the Village, the Developer shall develop the propert y under the project name of "South Commons ", which property is legally described on Exhibit A. in accordance. with .the . approved Preliminary Plan and .thereafter; the Final Development Plan for the Project Area. JKS 17067 1 . 3 December 29. 194S _ _ I F. Project Area. The Developer hereby agrees, subject to the terms of this Agreement, to accept from the Village or its nominee title to the Project Area. The parties understand that the Project Area will be acquired by the Village, and thereafter, conveyed to Developer in two segments rather than in multiple conveyances, hereafter referred to as Parcel A and Parcel B, respectively, as identified and legally described on Exhibit A attached hereto The total consideration for this conveyance payable by Developer shall be the sum of Seven Million .Five Hundred Thousand Dollars ($7,500,000), payable as follows: (i) the sum of Six Million; Two Hundred Fifty -Nine Thousand Dollars ($5,259,000) by certified or cashier's check or by wire transfer to the Village upon delivery of merchantable title to Parcel A of the Project Area by the Village no later than. November 1, 1999 or as such date may. be extended by mutual agreement of Developer and Village; and (ii) the sum of One Million, Two Hundred Forty -One Thousand Dollars .($1,241,000) by certified or cashier's check or by wire transfer to the. Village. upon delivery of merchantable title to Parcel B of the Project Area by the Village no later than November 1, 1999 or as such date may be extended by mutual agreement of Developer and Village. 'The Village reserves the right to convey Parcels A and B in-. a single .transaction, in which event the total consideration for the Project Area shall be paid by Developer in the manner herein described. G. Creditworthiness Letter. Developer shall submit to the' Village upon execution of this Agreement, a letter from Illinois Tool Works, Inc. or an affiliate of that company, which demonstrates Developer's creditworthiness to complete the. transactions described herein -including stating the source and .availability of funding for the construction of the Project in accordance with the Preliminary Plan. In the event of any change in the Developer's financing arrangement with Illinois Tool Works, Inc., Developer shall notify the Village forthwith. H. Construction Financing. Developer shall obtain and submit to the Village prior to preliminary planned unit development approval for the Project by the Board'of Trustees, evidence to the reasonable satisfaction of the Village of a binding commitment .which may contain usual and customary conditions and which . is accepted by Developer from a lending institution or evidence of private funds to finance the projected construction costs of the Project. In the event of any change in the Developer's financing commitment described herein,. the Developer shall notify the Village forthwith. I. Impact Fees. Developer acknowledges the Village's adoption of Ordinance No. 0 -93 -48 establishing the application, of impact fees on residential developments within the Village. Pursuant to Section .Eighteen thereof, the Corporate Authorities of the Village have determined that the appropriate total impact fee for .the Project shall be $153;000 computed at the rate of $1,000 per dwelling unit. 11:S 170671 . 3 December 29, 1998 _._ The Developer agrees to make payment of said amount to the Finance Director of the Village from time to time upon issuance of the building permits for each building within the Project in an amount equal to the number of dwelling units contained in each building. Y. Utilities. Pursuant to the terms and provisions. of a Development Agreement to be entered into by the Village and the Developer and upon completion of installation and acceptance by the Village, Developer will dedicate all sanitary sewer; storm sewer and water mains to the Village, with the exception, of. service connections to individual residential units up. to and including the connection to the Village main.. Nothing contained in said Development Agreement will be inconsistent with any of the terms and provisions. of this Agreement., At the time of conveyance of the Project Area pursuant to Section 3D hereof, the Village will reserve an easement in gross to provide access to the Village to maintain, repair and replace those utilities to be conveyed to the Village. y The. Developer, and thereafter a Home Owners Association (at which time the Developer shall be released from said responsibility), shall remain responsible for maintenance of any storm water detention area, including all portions of the storm water drainage system which are not located in the dedicated right of way. At the Village's written request, and following the failure of the Developer or the Home Owners Association to perform following said notice, the Village shall be granted the right to go onto said storm water detention area and onto any other portions of the storm water drainage system not located in the dedicated right of way up to and, including the connection to the Village main and perform any necessary maintenance functions at the cost of the Developer or the Home Owners- Association following the release of the Developer from said responsibility, as the case may .be. 3. Village Responsibilities A. Project Area. By November 1, 1999, the Village, either by real estate purchase contracts or through eminent domain proceedings, shall have acquired title to, all Parcels included in the Project Area. On Developer's Title Date (as hereinafter defined), the Village shall convey title to the respective Parcels included in the Project Area to the Developer, all in accordance with the terms of this Agreement. B. Zoning Approvals. The Developer .shall be solely responsible for making all presentations and providing. in a timely manner all submittals required. under. Section 2C or .pursuant to the zoning approval or permitting process. The Village shall provide reasonable staff assistance,' if reasonably required by Developer, to assist the Developer in submitting its petition for all necessary governmental approvals, consents, permits, licenses., authorizations and easements reasonably necessary or required for the development and construction of the Project. The Developer acknowledges that the Project is subject to the review process mandated by State law and Village ordinances and that the Village does not JKS 170671 . 8 December 29, 1998 _ 5 - provide any assurance of successful completion of the review process, including Village Board approval, by .execution of this Agreement. Moreover, the Developer acknowledges that material modifications from the Preliminary Plan by Developer may be grounds for denial of zoning approval for the Project. Developer agrees to diligently pursue all necessary zoning and other approvals for the Project at all times up to the termination of.this.Agreement. Subject to Developer's obligations in this Agreement, Developer's failure to successfully -complete the review process for. any reason shall not be deemed. an Event of Default by the Village or the Developer. C. Village Representative. The Village hereby agrees to designate staff persons to meet with the Developer's designated representatives,. as hereinabove provided. prior to submittal of.the Preliminary Plan, and the petition for the'required zoning . relief for the purpose of planning and. defining the obligations to be undertaker) for developing and implementing the final plan for the redevelopment of the Project; provided, however, that any action approving any plan or - authorizing the implementation, execution or delivery of. any resulting agreement shall be undertaken by the Village Board in accordance with . all applicable laws And procedures, it being understood that the Village Board shall have the sole, authority to. approve any such plan or agreement. D... Title to Project Area. The Village agrees to diligently pursue acquisition of each Parcel included in the Project Area. The Village agrees to convey fee simple title to Developer for the Project Area subject to. the terms of this Agreement: The Developer agrees to accept title to each Parcel included in the Project Area subject to the terms of this Agreement. When the Village has acquired fee simple title to.'. either of Parcels A or B, and the Developer has received Final Planned Development approval from the Village, as contemplated by the Village zoning ordinance, ,the Village shall notify Developer that it is ready and able to convey that particular Parcel of the Project Area to the Developer (the "Village Conveyance Notification ").- The parties shall reasonably cooperate to select a mutually agreeable closing date, time and location for each such conveyance to occur. Such closing dates .shall occur within thirty. (30) days of the date of each notice from the Village to Developer (the "Developer's Title Date') except that notwithstanding the foregoing, Developer shall not be required to close on the acquisition of either Parcel. A or Parcel B between January 1, 1999 and March 31,. 1999. The Village must send all Village Conveyance Notifications prior to September 30, 1999. The conveyance by the Village of each Parcel included in the Project Area shall provide that title to be delivered thereunder will be in accordance with the following conditions: JKS 170671 . S December 29, 1995 -6- (i) Fee Simple Title. The conveyance shall be of a fee simple title by recordable, insurable quitclaim deed or trustee's deed. (ii) Merchantable Title: . Title - to the real estate shall be good and merchantable. However,. in the event any portion of the Project Area is acquired by .eminent domain, the Village will not send a Village Conveyance Notification for either Parcel A or Parcel B until the rights of appeal of the prior owner of such Parcel(s) have lapsed. (iii) . Contents of Deed. The deed may be subject only to: -(a) covenants, restrictions and easements of record (which do not render the real estate materially unsuitable for the purposes for .which it is being conveyed and which. are not disapproved of by Developer in writing within ten (10) days of receipt of the latest of the title commitment or all documents of record affecting the Parcel in question and the survey for the Parcel in question); (b)' terms of this.. Agreement; . (c) general taxes for the year in which'the deed is delivered subject to . the provisions of Section 3D(v) below; and. (d) such other exceptions reasonably acceptable to.the Developer. (iv) Title Insurance. The Village will be directed.to provide to Developer not less than fifteen (15) days before each conveyance of a Parcel included in'. the Project Area,. a commitment for ALTA extended coverage title insurance from Chicago Title Insurance Company or such other title insurance company acceptable to the Developer and. the Village for the properties owned by the Village,. along with an ALTA/ACSM Land Title Survey for each Parcel reflecting all matters of title and documents of record, containing Table A inclusions as designated by.the ALTA/ACSM 1992 standard and certified to Developer and any lerider(s) as Developer may. designate at Village's sole cost. The commitment for title insurance shall be in usual and customary form subject only to:.... . (a) "the usual and customary standard exceptions contained .therein which will be either removed at or prior to closing or be insured over to* the extent such. insurance can be obtained by the Village; (b) the items set forth in subsection (iii)(a) of this Section 3D above;. and JKS 170671 . 8 December 29; 199S -7- (c) such other exceptions as are reasonably acceptable to the Developer, including liens or encumbrances of an ascertainable, amount which Developer may elect. to satisfy, in which case the amount of such liens and encumbrances shall be offset .against the 'purchase price for Parcel A or.Parcel B. . The commitment for title insurance shall be dated not more than thirty (30) days prior to the date it was delivered to Developer. The title commitment shall reflect all endorsements reasonably requested by. Developer, which endorsements shall be paid for by Developer.* The title company shall issue at the time Developer acquires title for each Parcel included in the Project Area a title insurance policy in the amount of the - purchase price subject only to the exceptions stated above. The Village shall bear. ,those costs and charges in connection. with providing the Title Commitment and the Policy for the .title insurance. coverage specified herein, - with the exception of those endorsements requested by Developer which shall be at .Developer's cost. - The cost of recording this Agreement, and any deeds and any . other . conveyance documents necessary to convey fee simple title to Developer as .provided herein shall be paid by .Developer. Village will.pay for contiguity and tax parcel ID endorsements, with cross - endorsements between the two title policies for the contiguity. endorsements. In the event that Village elects to convey both Parcels in one conveyance, the . survey will 'reflect the combined Parcels as one Parcel. Developer also shall bear all costs and charges in connection with recordation of any security. documents for any mortgage financing it may obtain.. (v) Taxes. Liens, Assessments; Etc. Subject to this Section 3D, general taxes and all other taxes, assessments, liens and charges of whatever nature which are accrued, due and owing for the Project Area shall be paid and removed prior to Developer's Title Date by Village. To the extent that any such item cannot be removed prior to each of Developer's Title Dates because the amount of the same cannot then be determined, including amounts. accrued but not yet owing for general real estate taxes up to. each . of the Developer's Title Dates, the Village hereby covenants that it. will promptly pay the same upon determination of such amount and this obligation will survive the closing(s). (vi) Environmental Remediation. Developer agrees with the Village that further investigation of the Project Area and obtaining a No Further'Action letter from the Environmental Protection Agency (IEPA) pursuant to the JKS 170671 . 8 December 29, 1998 —8 _ Illinois Site Remediation Program, 35 Ill. Adm. Code 740 and 742, is appropriate and shall be pursued and obtained at Village's sole cost and expense subject to the limitations set forth below. Village shall cause additional samples to be collected based on a grid pattern reasonably satisfactory to Developer and Village, employing the type of grid patterns commonly used by regulatory agencies to document that property is clean.. If any portions of the Project Area are found to contain contaminants at . concentrations above any of the Illinois Environmental Protection Agency (IEPA).Tier. 1 Clean-up Objectives under the .State's Tiered Approach to Corrective Action Objectives.(TACO), 35.IAC Part 742, the contaminated soils shall be . removed in accordance with . all applicable laws and regulations and disposed of properly by the Village at its sole cost and, : expense subject to the limitations set.forth below prior'to the. conveyance of title to the -Developer. The Village's compliance or corrective actions. . shall not include "capping" as a means of.leaving any Hazardous. materials or contaminants in or about the Project Area. If the estimated cost of . IEPA remediation program as reasonably determined by the Village exceeds $1,000,000, the Village may elect to not proceed with' the remediation program.' In such event, Village will notify the Developer in writing and thereafter this Agreement shall be' null and void and of no further legal. effect.. Upon completion of the remediation program, the Village. shall notify the Developer in writing, and shall submit. the IEPA and related approval documentation for Developer review and approval. The Developer shall have - ten (10) business days to review and determine that the remediation . program has been satisfactorily completed... . If Developer determines that the remediation program is not satisfactory, Developer shall notify the Village of its election to terminate this Agreement in writing within ten (10) business days of receipt.of Village's notice and thereafter this Agreement shall be null and void and of no further legal effect. . 4. - Events of Default A.. Developer Default. The occurrence of any one of the following shall constitute an Event of Default by the Developer under this Agreement: (1) A default of any term, condition or provision, contained in any agreement or document relating to the` Project (other than this Agreement), which would materially and adversely impair the ability of the Developer to perform its obligations hereunder, and the .failure to cure such default within thirty (30) days after Village's written notice of such default. (ii) Failure to comply with any material term, provision or condition of this JKS 1j0671 . 8 December 29. 1998 -9- Agreement within the times herein specified. including, but not limited to, Developer's obligation to acquire each of Parcels A and B of the Project Area upon the receipt of a Village Conveyance Notification and which has not been cured by Developer within thirty (30) .days after written .notice from Village of each failure. The Village shall extend said thirty (30) day cure period. upon its reasonable determination that Developer has commenced and is diligently pursuing the completion of the default cure. (iii) A representation or warranty of the Developer contained herein is not true and correct in any material respect for a period of thirty (30) days .after. written notice.to the Developer by the Village. (iv) The Developer shall (i) become insolvent; or (ii) be unable, or. admits in _ writing its inability, to pay its debts as they mature; or (iii) make a general assignment for the benefit of creditors. or to an agent authorized. to liquidate any substantial amount of its or their property; or (iv) be adjudicated a bankrupt; or (v) file a petition in bankruptcy or to, effect a plan or other arrangement with creditors; or (vi) file an' answer to. a creditor's petition (admitting the material allegations thereof) for an adjudication of bankruptcy or to effect a plan. or other arrangement with creditors; or (vii) apply to a court for the appointment of a receiver for all or a substantial portion of its assets; or (viii). have a receiver or similar. official appointed for any of its assets,. or, -if such .receiver or similar official is appointed for any of its assets, or, if such. receiver or similar official is appointed without the consent of the Developer and such appointment shall not be discharged within sixty (60) days after his appointment;. or (ix) a petition 'described in (v) is filed against the Developer and remains undismissed for a period of sixty (60) consecutive days. (v) Failure to have sufficient funds to meet Developer's obligations under this Agreement. (vi) Sale, assignment, transfer or disposition of all or part.of the Project Area, except in accordance with this Agreement or as part of the residential dwelling unit sales program. (vii) A change in. the ownership of more than fifty percent (50 %) of the voting control of Developer. (viii) Developer abandons the Project for more than thirty (30) consecutive days, excluding a condition of force majeure beyond the . control of Developer, or the Developer's lender for the Project forecloses upon any loan for the Project. JKS 17067 1 . 8 December 29, 1998 _ 10- B. Village Default. The occurrence of any of the following shall constitute an Event of Default by the Village under this Agreement: (i) A default'.of any term, condition or provision, contained in any agreement or document relating to the Project (other than this Agreement), which would materially and adversely impair the ability of the Village to perform its obligations hereunder, and the failure to cure such default within thirty (30) days after Developer's written notice of such default. (ii) Failure to comply with any material- term, provision or condition of this Agreement within the times herein specified and. which has not been cured. by Village within thirty (30) days after written notice from Developer of. each failure or in a time period reasonably required to cure said default, - provided that the Village has commenced and is diligently pursuing the completion of the default cure and provided further that the November 1, 1999 conveyance date shall not be extended thereby but only pursuant to. the mutual agreement of the parties. (iii) A representation or warranty of the .Village contained herein is not true and correct in any material respect for a period of .thirty (30) days after written notice to the Village by the Developer. C. Event of Default Remedy. Upon an occurrence of an Event of Default by the Developer as set forth above, (i) the Village shall at its option be relieved of any . and all of its obligations arising pursuant to this Agreement and such obligations on the part of the Village shall be immediately canceled and without any further force or effect, (ii) the Village may take whatever action at law or in equity as may appear necessary or desirable to enforce performance and observance of any obligation, undertaking, covenant or agreement of the Developer set forth in this Agreement, including pursuing all actual damages but. excluding any consequential damages. Upon the occurrence of an Event of Default by the Village as set forth above, *(i) the Developer shall be relieved of any and all of its obligations arising pursuant to this Agreement; and (ii) the Developer may take whatever action at law . or. in equity as_ may appear . necessary or desirable to enforce performance and observance of any obligation, undertaking, covenant or agreement of the Village set forth in this Agreement, including pursuing all actual damages but excluding any consequential damages. 5. Additional Covenants of the Developer JETS 170671. 8 December 29. 1998 1 1 _ A. Construction of Project. Developer shall construct the Project in accordance with the approved drawings, plans, specifications and contracts, specifically including the Preliminary Plan and Final Development Plan as approved by the Board of Trustees and any conditions relating thereto.. Developer shall commence. construction of the Project no later than that date which is sixty (60) days after the last to occur of (i) Village has approved the Project as a ." Planned Development ", subject only to conditions reasonably satisfactory to the Developer, (ii) Developer has acquired title to either of Parcels A,or B included in the Project Area, and (iii) all of the other conditions precedent to the Developer's obligations to perform hereunder have been .satisfied ( "Construction' Commencement Date "). Failure to meet this deadline shall be an Event of Default by Developer, unless such failure . results. from conditions of force majeure beyond the control of Developer. Developer shall .cause 'the Project tq be constructed. by licensed and bonded contractors and- subcontractors in accordance with normal Village requirements applicable to all developers. B. Insurance. The Developer agrees that during such periods that the Developer is. constructing private improvements for the Project; the Developer, will cause such private improvements to be insured, at no expense to the Village, against loss or damage by fire, windstorm, hail, explosion, riot and civil commotion, damage from aircraft and vehicles and smoke damage, and such other risks as are from time to time included in "extended coverage", endorsements (including during . construction thereof builder's risk insurance) in an amount and form so that the proceeds are sufficient to provide for actual replacement of the improvements. Said insurance policies of the Developer shall name "the Village as an additional insured, shall provide. for waivers of subrogation against the Village and shall provide that they cannot be amended or terminated without at least thirty (30) days advance written notice to the Village. Copies of said policies shall be provided to the Village.' In addition, Developer will provide such performance guarantees, letters of credit and/or bonds which may be required in the Development Agreement referenced in Section 2J hereof. C. Assiiznment. Developer agrees for itself, its permitted successors and assigns, and every permitted successor in interest to the Project Area, or any part thereof or any interest therein, except for purchasers of residential units, to the following: (i) Developer has not made or created, and will. not, make or create, or suffer. to be made or created, any disposition of all or any portion of "the Project, the Project Area 'or the Developer, in any mode or form other than as .permitted hereunder; provided, however, any change in the ownership of more than fifty percent (50 %) of the voting .control of the Developer, may only be done With the prior written approval of the*. Village and in accordance with Section 5C(ii) below, which approval of the Village may be withheld or delayed, unless the Village determines that the Developer JKS 170671 . 8 December 29, 1998 -12- as reconstituted will be an entity of comparable quality to the Developer and .possess comparable experience in developing . quality . residential developments. Notwithstanding the foregoing, Developer may transfer interests in the Developer to his or her then legal spouse or to one or, more of his or her children or lineal descendants, whether natural or adopted, or to a trust for those. individuals as long as Edward R. James Partners, directly or through affiliates, retains 50% or more voting control of the Developer. (ii) The Village shall be entitled to require, except as otherwise provided, that: (a) Any proposed purchaser, assignee or other transferee; and every successor in interest to the Proj ect, or any. part thereof, or any interest therein, other than purchasers of the. residential dwelling units; shall have the qualifications and financial .responsibility, as reasonably determined by the Village, to be necessary and adequate to fulfill the obligations undertaken in this Agreement by Developer. In this regard, at the Village's request, Developer or its successor. in interest to the Project, or any part thereof,.will provide ongoing. information regarding . the ownership, finances and management of the entity. (b) Any proposed purchaser, .assignee or other transferee; and every successor in interest to the Project or any part thereof, or any interest therein; other than - purchasers of residential. dwelling units, by a written instrument. satisfactory to the Village and in such form . as will enable it to be recorded in the Office of the Recorder of Deeds, Lake County, Illinois, shall have for itself and its successors. and assigns, for the benefit of the Village, expressly assumed all of the obligations of Developer for the Project. under this Agreement and shall have agreed to be subject to the terms hereof; - provided that, the failure of any purchaser, assignee or other transferee, or any other successor in interest therein, to assume such obligations, shall not, unless and only to the extent otherwise specifically provided in this Agreement or agreed to .in writing by the Village, relieve or except such transferee or successor from, such obligations, conditions, 'or restrictions, or deprive or limit the Village .as to any rights, remedies or controls provided in or resulting from this Agreement with respect to the Project or any part thereof or the construction of the Project. It is the intent of this Section, together with all other provisions of this Agreement that,. to the fullest extent permitted by law and equity, no disposition or transfer of or change with respect to ownership in the Project, or any part thereof, or any interest therein, however JKS 170671 . 8 December 29, 1998 consummated or occurring, and whether direct or indirect, or voluntary or involuntary, shall operate. legally or practically, to deprive or limit the Village as to any rights, remedies or controls provided in or resulting from this Agreement with respect to the Project or any part thereof or the construction of the Project thereon that the Village would otherwise have had. (c) All instruments and other legal documents involved in effecting the disposition or transfer, other than purchasers of residential dwelling units, shall be 'submitted to the Village in .advance for Village review and approval. (d) Developer, its permitted successors, assigns, and transferees and every permitted. successor in interest to the Project, or any part thereof, or any interest therein, other than purchasers of residential dwelling units; ,shall comply with the terms and provisions of the Act, the, Preliminary and Final Plan and. this. Agreement. . D. Compliance with Codes. Developer shall construct the Project in accordance with all Village development, zoning and building codes (other than those provisions containing combustible materials. restrictions which are not to apply .to this Project), . and with all aspects . of the approved preliminary planned unit development, Conceptual .Elevations and the complete Redevelopment Concept Plan as each of the same are approved by the Village, unless otherwise waived or excepted by the Village. 6. . Agreement Term and Termination A. Term. The term of this Agreement shall commence as of the date of its execution, following approval by the Village Board, and shall terminate on the earlier of (i) the closing on the sale of all of the residential dwelling units to. be constructed on the Project Area; (ii) at the option of the non - defaulting party upon an Event of Default hereunder; (iii) upon the Village Board denying the petition. for zoning relief submitted by the Developer for the Project; (iv) the written mutual agreement of the parties; 'and (v) such other termination dates provided for herein. 7. Representations and Warranties A. - The Developer represents and warrants that: (i) It is a duly organized and validly existing general partnership in good standing under the laws of the State of Illinois. Developer will deliver a good standing certificate or equivalent certificate to the Village upon execution of this Agreement and hereby certifies in writing that Developer has the power and authority to enter into this Agreement and to JKS 170671 . 8 December 29, 1998 14 consummate the transactions contemplated hereby. (ii) The execution of this Agreement and the consummation of the transactions contemplated hereby will not result in any breach of, or constitute a„ default under, any agreement, contract, lease, mortgage, indenture, deed of trust, partnership agreement or other instrument to which the Developer is a party. (iii) There are no actions, suits or proceedings pending, or to the knowledge of the Developer threatened, against or affecting the Developer .at law or in equity, or before any governmental authority which, if adversely determined, would materially - impair the ability of the Developer to perform its obligations _under this Agreement, nor do any liens. on the assets. of Developer exist which would upon foreclosure result in the insolvency of Developer. (iv) All actions of the Developer required to be taken to authorize. execution of this Agreement have been validly and duly taken, and the person signing this Agreement on, behalf of -Developer is duly authorized to execute this Agreement on behalf of the Developer. . B. The Village represents and warrants that- (i) The Village is a home rule municipal corporation under the laws of the . State of Illinois with power and authority to enter into this Agreement and to consummate the transactions contemplated hereby. (ii) The execution of this Agreement - and the consummation of . the transactions contemplated hereby will not result in any breach of, or constitute a default under, any agreement, contract, lease,. mortgage, indenture, deed of trust or other instrument to which the Village is a party. (iii) There are no actions, suits or proceedings pending, or to the knowledge of the Village threatened, against or affecting the Village, at law or in equity, or before any governmental authority which, if adversely determined, would materially impair the Village's ability to perform its obligations . .under this Agreement. (iv) All actions of the Board of Trustees of the Village required to be taken to authorize execution of this Agreement have been validly and duly taken in accordance with law and the officers of.the Village signing this Agreement have been duly authorized to, execute this Agreement on behalf of the Village. JKS 170671 . 8 December 29, 1998 -15 8. General Provisions A. Off -Site Improvements. The Village will provide for the installation of certain off -site improvements to the boundary of the Project Area to service the Developer's intended redevelopment of the Project Area. In addition, the Developer will bear financial responsibility for portions of specified off -site improvements. A description of such improvements and the estimated cost allocation between the Village. and the Developer. is set forth on Exhibit C attached hereto. To the: extent that any cost estimate for projects paid for by both Developer and Village vary from the actual costs,. the Village and Developer will share in-any additional costs or savings, as the case may be, in proportion to the agreed upon cost allocations; provided, however, that in no event shall Developer . contribute less than $267,500 of said cost allocations. : B. Governing Law.'. This Agreement shall be governed by the laws of the State of 'Illinois. C. Notices. All notice, and requests required pursuant to this Agreement shall be personally served or mailed as follows: If to Developer: South Commons Venture • 2550 Waukegan Road Suite 220 Glenview, Illinois 60025 . . Attention: Jerry S. James to the Village: Village of Deerfield 850 Waukegan.Road Deerfield, Illinois 60015 _ Attention: Village. Manager. with copies to: Pedersen & Houpt 161 North Clark Street Suite 3100- Chicago, Illinois 60601 Attention: James K. Stucko or. at. such other addresses as the parties may indicate in writing.to the other, with any notice or request which :is sent by mail to be sent either by certified or registered mail, return receipt requested, with proof of delivery. If mailed, receipt of anv such notice or request shall be conclusively deemed to be no later than the third day after the notice or request is mailed, postage prepaid (if the date of actual receipt is earlier, the earlier date shall govern): . JKS 170671.8 December.29. 1998_ - 16- D. Assi_nment. , This Agreement and any rights or obligations hereunder shall not be assignable by either party without the express written consent of the other party or as otherwise provided herein. E. Time. Time is of the essence. F. Municipal Limitation. All commitments or obligations of the Village undertaken pursuant to this Agreement shall be limited to the. extent that such obligations are within its powers as a municipal corporation and in accordance with all rules, statues and laws to which it may be bound. G. Costs. Any cost and'expense incurred by either party prior to the execution of this Agreement or with regard to the preparation and negotiation of this Agreement pursuant to the terms hereof shall be borne exclusively by such party with no right to reimbursement from the other except as provided herein. H. Amendment. This Agreement may be amended or modified only by written amendment duly approved and executed by the parties hereto. Recording. The parties agree that this Agreement will be recorded with the Lake County Recorder's office after execution thereof by the parties. IN WITNESS WHEREOF, the parties hereto have 'set their hands and seals to this Agreement on.the day and year first above written. . ATTEST: illage Clerk jK-s l s necemher'_'o IQQ9 VILLAGE OF DEERFIELD, Lake and Cook Countie Illinois; a municipa o oration By: Village President South Commons Venture. an Illinois general partnership Mud an ey ` /MC•q 00 . - "7&09,VV0'/ . ay - 1 -7 - ACKNOWLEDGMENTS STATE OF ILLINOIS ) SS. COUNTY OF ) .I, the undersigned, a Notary Public, in and for. the County and. State aforesaid, .DO. HEREBY CERTIFY that Bernard Forrest personally known to me to be the President of the Village of Deerfield, and Robert ' D. Franz personally known to me to be the Clerk. of said municipal corporation, . and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me. this day in person and severally, acknowledged that as such President and Village Clerk, they signed and. delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto., pursuant to authority given by the Board of Trustees of said municipal corporation, as their free and voluntary act, and as. the free .and voluntary act 'and deed of said municipal corporation, To.- the uses and purposes therein set forth. GIVEN under my hand and official seal, this }o�day of iOA , . 199% sh--on I Crm io LZA NofaryPz?�i c, Sate �.� 1L^Gi9 My CommissionF.er -es 'ec.r3'IM. Notary Public Commission expires: JKS 170671 . 8 December 29. 1998 -18- STATE OF ILLINOIS } ) SS. . COUNTY OF Ire- 1, the undersigned, a Notary Public, in and for the County and tate aforesaid, DO HEREBY CERTIFY -that�R.4y -*iby� %s .W �kI'1���i�� , 'c _ 1 R@K*Aw-@f South Commons Venture, an Illinois general partnership, personally known to me to be the same person whose name is .subscribed to the foregoing instrument as such : G@*e#*�• liar, appeared before me this day in person and. acknowledged that he signed and delivered the said instrument as his own free and voluntary and as the free and voluntary act of said general partnership for the uses and purposes therein set forth. GIVEN under my hand and official seal, this . day. of , 1998. "OFFICIAL SEAL" A,7,DREA L. CASA.LIN . i otary Public, State of Illinois _ y Commission Exp. 08/26/2002 Notary Public Commission expires: 1,2 C o2 C) JKS 170671.. 8 December 29. 1998 -19- EXHIBIT A PROJECT AREA Legal Description 1/18199 - 996.S41 PARCEL A: LOTS 2, 3, 4, 5, AND 6 IN BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN THE NORTHEAST 1/4 OF SECTION 32 AND THE NORTHWEST 114 OF -SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1874 IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS. . ALSO LOTS 11 AND 12 AND THE WEST 10 FEET OF LOT 10 IN WOODMAN'S RESUBDIVISION OF LOTS 1, 2 AND 3 IN BLOCK 4 AND LOTS 2 TO 7, INCLUSIVE, IN BLOCK 5 AND VACATED STREET SETWEEN SAID BLOCKS 4 AND 5 IN HALL AND OSTERMAN'S ADDITION TO DEERFIELD, IN PART OF THE NORTHWEST. 1/4 OF SECTION 33 TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS PER PLAT THEREOF OF SAID. RESUBDIVISION RECORDED SEPTEMBER 14, 1922 AS DOCUMENT 215879 IN BOOK'L` OF PLATS, PAGE 38, IN LAKE COUNTY, ILLINO)S. ALSO THAT PART OF LOT 19 IN OWNERS FIRST ADDITION TO DEERFIELD IN SECTION 33, TOWNSHIP 43 NORTH; RANGE 12, EAST OF.THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS.FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE. OF LOT 10 IN WOODMAN'S RESUBDIVISION, SAID POINT BEING 10 FEET EAST OF THE SOUTHWEST CORNER OF. SAID LOT; THENCE SOUTH PARALLEL TO THE WEST LINE OF LOT 10 EXTENDED, 10.3 FEET; THENCE SOUTH 23 DEGREES EAST, 356.95 FEET TO A POINT WHICH IS 305 FEET EASTERLY OF THE CENTER LINE OF THE RIGHT OF WAY OF THE CHICAGO,' MILWAUKEE AND ST. PAUL RAILWAY .CO., .MEASURED AT RIGHT ANGLES THERETO, THENCE SOUTHERLY PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF SAID RAILWAY, 3D0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST MENTIONED LINE, 255 FEET TO THE EAST RIGHT OF WAY LINE OF SAID RAILWAY; THENCE NORTHERLY 300 FEET ALONG THE EAST LINE OF THE RIGHT OF WAY OF SAID RAILWAY; THENCE EASTERLY AT RIGHT ANGLES TO SAID EAST :RIGHT OF WAY LINE,. 125 FEET; THENCE NORTHERLY ON A CURVE CONCENTRIC TO THE CENTER LINE OP SAID RIGHT OF WAY AND 175 FEET EASTERLY THEREFROM, 429.5 FEET TO THE NORTHWEST CORNER OF SAID LOT 19; THENCE EASTERLY 147.9 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. ALSO ALL THAT PART OF THE FORMER CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY'S RIGHT OF WAY LYING SOUTHEASTERLY OF THE SOUTH LINE OF OSTERMAN AVENUE AND LYING NORTHEASTERLY OF AND PARALLEL WITH A LINE 50 FEET .EASTERLY OF (AS MEASURED PARALLEL WITH OR RADIALLY TO) THE CENTER LINE OF SAID RAILROAD COMPANY'S. ORIGINAL MAIN TRACK CENTER LINE, EXCEPTING THEREFROM THAT PORTION CONVEYED TO CORRINE N. JOSEPH BY QUIT CLAIM DEED DATED SEPTEMBER 6. 1963, ALL BEING IN THE EAST 12 OF THE NORTHEAST' 1/4 OF SECTION 32 AND IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, IN TOWNSHIP 43 NORTH, RANGE 12; EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY,'ILLINOIS, CONTAINING 2:1176 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EASTERLY PROPERTY LINE OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD. COMPANY (BEING A LINE 175.00 FEET EASTERLY FROM AND CONCENTRIC WITH THE CENTER LINE OF THE ORIGINAL RIGHT OF WAY 1D0 FEET WIDE OF SAID RAILROAD COMPANY WITH A WESTERLY EXTENSION OF THE SOUTH LINE, ,AS NOW MONUMENTED AND OCCUPIED,. OF OSTERMAN AVENUE (SAID SOUTH STREET LINE BEING THE NORTH LINE OF BLOCKS 2 AND 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD) AND RUNNING THENCE SOUTHERLY. ALONG SAID EASTERLY PROPERTY LINE, BEING THE ARC OF A CIRCLE-CONVEX TO THE WEST,. HAVING A RADIUS OF 5554.65 FEET; AN ARC DISTANCE OF 399.45 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED, SAID POINT BEING 40.00 FEET (AS MEASURED ALONG SAID .ARC) NORTHERLY FROM.THE POINT OF INTERSECTION OF SAID EASTERLY PROPERTY LINE WITH THE SOUTH. LINE OF CENTRAL AVENUE (SAID SOUTH STREET LINE BEING THE NORTH LINE. OF LOTS IN WOODMAN'S RESUBDIVISION OF LOTS 2, 3, 4, 5, 6 AND 7 IN BLOCK 5 AND LOTS 1, 2, AND 3 IN BLOCK 4,.TOGETHER WITH VACATED STREET LYING BETWEEN SAID BLOCKS 4 AND 5, ALL IN HALL AND OSTERMAN'S LID ljjd.ri7 J . riU 1 1 ii(_{ , ,: _• I __ • . . - - Z ADDITION TO THE TOWN OF DEERFIELD); THENCE CONTINUING SOUTHEASTERLY ALONG SAID EASTERLY PROPERTY LINE, BEING THE ARC OF A CIRCLE CONVEX TO THE WEST AND HAVING A RADIUS OF 5554.65 FEET AN ARC DISTANCE OF 629.50 FEET TO A POINT WHICH IS 175.00 FEET EASTERLY AND RADIALLY FROM THE CENTER LINE OF SAID RAILROAD COMPANY'S ORIGINAL MAIN TRACK CENTER LINE; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE NORMAL AT THE LAST DESCRIBED POINT TO THE TANGENT OF SAID LAST DESCRIBED ARC, A DISTANCE OF 125.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A CIRCLE CONVEX TO THE WEST, HAVING A RADIUS OF' 5679.65 FEET AND CONCENTRIC WITH SAID EASTERLY PROPERTY LINE, AN ARC DISTANCE OF 1088.01 FEET, MORE OR LESS, TO ITS INTERSECTION WITH SAID WESTERLY EXTENSION OF THE SOUTH LINE OF OSTERMAN AVENUE; THENCE EAST ALONG SAID SOUTH STREET LINE A DISTANCE OF 32:92 FEET TO A POINT ON THE ARC OF A CIRCLE CONVEX TO THE WEST, HAVING A RADIUS OF 5648.65 FEET AND CONCENTRIC WITH SAID EASTERLY PROPERTY LINE; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 432.22 FEET TO A POINT WHICH IS RADIALLY 81.00 FEET FROM THE CENTER LINE OF SAID RAILROAD ORIGINAL MAIN TRACK CENTER LINE AND LOCATED ON A STRAIGHT LINE PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTHEASTERLY A DISTANCE OF 94.00 FEET ALONG SAID STRAIGHT LINE TO THE TRUE POINT OF BEGINNING. ALSO THAT PART OF THE LANDS OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY SITUATED IN THE EAST 112 OF THE NORTHEAST 114 OF SECTION 32 AND IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST. OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY PROPERTY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY (BEING A LINE 175.00 FEET EASTERLY FROM AND CONCENTRIC WITH THE CENTER LINE OF THE ORIGINAL RIGHT OF WAY 100 FEET WIDE OF SAID RAILROAD) WITH A WESTWARD EXTENSION OF THE SOUTH LINE AS NOW MONUMENTED AND OCCUPIED OF OSTERMAN AVENUE (SAID SOUTH STREET LINE BEING THE NORTH LINE OF BLOCKS 2 AND 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD) AND RUNNING THENCE SOUTHERLY ALONG SAID EASTERLY PROPERTY LINE, BEING THE ARC OF A CIRCLE CONVEX TO THE WEST AND HAVING A RADIUS OF 5554.65 FEET, AN ARC DISTANCE OF 399.45 FEET TO A POINT WHICH IS 40.00. FEET. (AS . MEASURED ALONG SAID ARC) NORTHERLY FROM THE POINT OF INTERSECTION OF SAID EASTERLY PROPERTY LINE WITH THE SOUTH LINE OF CENTRAL AVENUE (SAID SOUTH STREET LINE BEING THE NORTH LINE OF LOTS IN WOODMAN'S RESUBDIVI.SION OF LOTS 2, 3, 4, 5, 6 AND 7 IN BLOCK 5 AND LOTS 1, 2 AND 3 IN BLOCK 4, TOGETHER WITH VACATED STREET LYING BETWEEN SAID BLOCKS 4 AND. 5, .ALL IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD); THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE NORMAL AT THE LAST DESCRIBED POINT TO THE TANGENT OF SAID LAST DESCRIBED ARC, A DISTANCE OF 94.00 FEET: THENCE NORTHERLY ALONG THE ARC OF A CIRCLE, CONVEX TO THE WEST, HAVING A RADIUS OF 5648.65 FEET AND CONCENTRIC WITH SAID EASTERLY PROPERTY LINE, AN ARC DISTANCE OF 432.22 FEET TO ITS INTERSECTION WITH SAID WESTWARD EXTENSION OF THE SOUTH LINE OF OSTERMAN AVENUE AND THENCE EAST ALONG SAID SOUTH STREET LINE, A DISTANCE OF 97.47 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. ALSO THAT PART OF THE 20 FOOT WIDE (TO BE) VACATED PUBLIC ALLEY LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOTS 2, 3 AND 4, LYING NORTH OF AND ADJOINING THE NORTH LINE OF. LOTS 5 AND.8, LYING WEST OF AND ADJOINING THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2; AND LYING EAST OF AND ADJOINING THE SOUTHERLY EXTENSION OF THE CURVED WESTERLY LINE OF SAID LOT 4, ALL IN BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN THE NORTHEAST 114 OF SECTION 32 AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL. MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1874 IN BOOK "A" OF PLATS, PAGE 16, IN LAKE COUNTY, ILLINOIS. . ALSO d Loa rd J . Pio . t '. �_.` _ - -- _,- THAT � - THAT PART OF (TO SE) VACATED RAILWAY AVENUE AND CENTRAL AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5 IN BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN THE NORTHEAST 114 OF SECTION 32 AND THE NORTHWEST 114 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1874 IN BOOK "A" OF PLATS, PAGE 16; THENCE NORTH 89 DEGREES 48 MINUTES 01 SECONDS EAST ALONG THE SOUTH.LINE OF LOTS 5 AND 6 IN SAID BLOCK 3, BEING ALSO THE NORTH LINE OF SAID CENTRAL AVENUE,.206.94 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE SOUTH 00 DEGREES 35. MINUTES 45 SECONDS EAST ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT S. 66.00 FEET TO THE NORTH LINE OF LOT 46 IN COROMANDEL RESUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333; THENCE SOUTH 89 DEGREES 48 MINUTES 01 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 46 AND ALONG THE NORTH LINE OF LOTS 11 AND 12 AND THE WEST 10. FEET OF LOT 10 IN WOODMANS RESUBDIVISION, .ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 14, 1922 AS DOCUMENT 215879, IN BOOK "L" OF PLATS, PAGE 38, BEING ALSO THE SOUTH LINE OF SAID CENTRAL AVENUE, 218.93 FEET TO THE NORTHWEST CORNER OF SAID LOT. 12; THENCE NORTHWESTERLY ALONG THE EASTERLY PROPERTY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, BEING A LINE 175.00 FEET:EASTERLY OF AND CONCENTRIC WITH THE CENTER LINE OF THE ORIGINAL 100 FOOT WIDE RIGHT OF WAY OF SAID RAILROAD, BEING ALSO THE WESTERLY LINE OF RAILWAY AVENUE AND BEING A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 5554.65 FEET, AN ARC DISTANCE OF 438.54 FEET TO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF OSTERMAN AVENUE, SAID SOUTH LINE OF OSTERMAN AVENUE BEING ALSO THE NORTH LINE OF BLOCKS 2 AND 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD, AFORESAID (THE CHORD OF SAID LAST DESCRIBED ARC BEARS NORTH 17 DEGREES 49 MINUTES 57 SECONDS WEST, 438.43 FEET); THENCE NORTH 89 DEGREES 48 MINUTES 29' SECONDS EAST ALONG SAID WESTERLY EXTENSION OF THE SOUTH LINE OF OSTERMAN AVENUE, 34.23 FEET TO THE NORTHWEST CORNER OF LOT 4 IN BLOCK 3 IN SAID HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD;. THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE, AND SAID: WESTERLY LINE "EXTENDED, OF LOTS 4. AND 5 IN SAID SLOCK.3, .BEING ALSO THE EASTERLY LINE OF RAILWAY AVENUE AND BEING A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 5521.65 FEET, AN ARC DISTANCE OF 368.72 FEET TO THE POINT OF BEGINNING (THE CHORD OF SAID LAST DESCRIBED ARC BEARS SOUTH 17 DEGREES 34 MINUTES 40 'SECONDS EAST, 368.65 FEET), IN LAKE COUNTY, ILLINOIS, ALSO EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF LOT 2 IN BLOCK 3 IN SAID HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD; THENCE SOUTH 89 DEGREES 48 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF LOTS 2, 3, 4' IN SAID BLOCK 3, BEING ALSO THE SOUTHERLY LINE OF OSTERMAN AVENUE , 181.19 FEET TO THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 170.00 FEET, AN ARC DISTANCE OF 92.97 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID LAST DESCRIBED ARC BEARS SOUTH 32 DEGREES 18 MINUTES 26 SECONDS EAST , 91.82 FEET); THENCE SOUTH 47 DEGREES 58 MINUTES 27 SECONDS EAST, 74.49 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX 'NORTHEASTERLY. AND HAVING A RADIUS OF 180.00 FEET, AN ARC DISTANCE OF 148.84 FEET TO AN INTERSECTION WITH A POINT ON THE. EAST LINE OF LOT 6 SAID BLOCK 3 (THE CHORD OF SAID ARC BEARS. SOUTH 24 DEGREES 1T MINUTES 06 SECONDS EAST, 144.64 FEET); THENCE SOUTH 00 DEGREES 35 MINUTES 45 SECONDS EAST ALONG THE EAST LINE AND THE EAST LINE EXTENDED OF LOT 6 IN SAID BLOCK 3 TO AN INTERSECTION WITH THE NORTH LINE OF LOT 46 IN COROMANDEL RESUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333; THENCE SOUTH 89 DEGREES 46 MINUTES 01 SECONDS WEST ALONG THE NORTH LINE OF LOT 46 IN SAID COROMANDEL RESUBDIVISION BEING ALSO THE SOUTH LINE OF CENTRAL AVENUE, 13.35 FEET TO THE NORTHWEST CORNER OF SAID LOT 46; THENCE SOUTH 00 DEGREES 33 MINUTES 23 SECONDS EAST-149.89 FEET TO THE SOUTH WEST CORNER OF SAID LOT 46; THENCE SOUTH 89 DEGREES 47 MINUTES 38 SECONDS WEST, 20.56 FEET; THENCE NORTH 21 DEGREES 33 MINUTES 52 SECONDS WEST, 39.30 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 180.00 FEET AN ARC DISTANCE OF 65.88 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID ARC BEARS NORTH 11 DEGREES 04 MINUTES 49 SECONDS WEST, 65 51 FEET); THENCE NORTH 00 DEGREES 35 MINUTES 45 SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT LAST DESCRIBED POINT, 206.48 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY , HAVING A RADIUS OF 120.00 FEET, AN ARC DISTANCE OF 99.23 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID ARC BEARS NORTH 24 DEGREES 17 MINUTES 06 SECONDS WEST, 96.43 FEET); THENCE NORTH 47 DEGREES 58 MINUTES 27 SECONDS WEST, 74.49 FEET TO.A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 230.00 FEET, AN ARC DISTANCE OF 143.32 FEET TO AN INTERSECTION WITH THE NORTH LINE OF LOT 4 IN SAID BLOCK 3; THENCE NORTH 89 DEGREES 48 MINUTES 29 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 4, BEING ALSO THE SOUTH LINE OF OSTERMAN AVENUE, 61.86 FEET TO THE POINT OF BEGINNING OF EXCEPTION, IN LAKE COUNTY, ILLINOIS. CdUJar'C, _l f iiI I0U r> r__ PARCEL B: LOTS 2, 3, 4, 5, 6 AND 7 IN WOODMAN'S RESUBDIVISION OF LOTS 1, 2 AND 3 IN BLOCK 4 AND LOTS 2 TO 7, INCLUSIVE, IN BLOCK 5 AND VACATED STREET BETWEEN SAID BLOCKS 4 AND 5 IN HALL AND OSTERMAN'S ADDITION TO DEERFIELD, IN THE NORTHWEST 114 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED SEPTEMBER 14, 1922 AS DOCUMENT 215879, IN BOOK "L" OF PLATS, PAGE 38, IN LAKE COUNTY, ILLINOIS. ALSO LOTS 1 AND 2 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 BOOK 43 OF PLATS, PAGE 41, IN LAKE COUNTY, ILLINOIS. ALSO LOT 46 AND THAT PART OF LOT 44 LYING NORTH OF THE SOUTH .LINE OF .SAID LOT 46 EXTENDED, IN COROMANDEL RESUBDIVISION, BEING A. SUBDIVISION IN THE .SOUTHWEST 114 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333, IN LAKE COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF LOT 2 IN BLOCK 3 IN SAID HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD; THENCE SOUTH 89 DEGREES 48 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF LOTS 2, 3, 4 IN SAID BLOCK 3, BEING ALSO THE SOUTHERLY LINE OF OSTERMAN AVENUE , 161.19 FEET TO THE. POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 170.00 FEET. AN ARC DISTANCE OF 92.97 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID LAST DESCRIBED ARC.BEARS SOUTH 32 DEGREES 18 MINUTES 26 SECONDS EAST , 91.82 FEET); THENCE SOUTH 47 DEGREES 58 MINUTES 27 SECONDS EAST, 74.49 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 160.00 FEET, AN ARC DISTANCE OF 148.64 FEET TO AN INTERSECTION WITH A POINT ON THE EAST LINE OF LOT 6. SAID BLOCK 3 (THE CHORD OF SAID ARC BEARS SOUTH 24 DEGREES 17 MINUTES 06 SECONDS EAST, 144.64 FEET); THENCE SOUTH 00 DEGREES 35 MINUTES 45 SECONDS. EAST ALONG THE EAST LINE AND THE EAST LINE EXTENDED OF LOT 6 IN SAID BLOCK 3 TO AN INTERSECTION WITH THE NORTH LINE OF LOT 46 IN COROMANDEL RESUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 14, 1994 AS DOCUMENT 3603333; THENCE.SOUTH 89 DEGREES 48 MINUTES 01 SECONDS WEST ALONG THE NORTH LINE OF LOT 46 IN SAID COROMANDEL RESUBDIVISION , BEING ALSO THE SOUTH LINE OF CENTRAL AVENUE, 13.35 FEET TO.THE NORTHWEST CORNER OF SAID LOT 46 FOR A POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 33 MINUTES 23 SECONDS EAST, 149.89 FEET TO THE SOUTHWEST CORNER OF SAID LOT 46; THENCE SOUTH 89 DEGREES 47 MINUTES 38 SECONDS WEST , ALONG THE SOUTH LINE OF SAID LOT 46 AND SAID LINES WESTERLY EXTENSION 43.86 FEET; THENCE NORTH 21 DEGREES 33 MINUTES 52 SECONDS WEST, 62.76 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 120.00 FEET AN ARC DISTANCE OF 43.92 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID ARC BEARS NORTH 11 DEGREES 04 MINUTES 49 SECONDS WEST, 43.67 FEET); THENCE NORTH 00 DEGREES 35 MINUTES 45 SECONDS WEST - ALONG A UNE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 48.55 FEET TO THE POINT OF BEGINNING OF EXCEPTION, IN LAKE COUNTY, ILLINOIS. EXHIBIT B SITE PLAN, SITE DATA AND CONCEPTUAL ELEVATIONS JKS 170671 .8 December29. 1998 B -1 5cullp :,-:VATIC LKLM-lairl-V SOUTH COMMONS DEERFIELD BUILDING (SOUTH BUILDING) DEERFELD, ILLINOIS TM JAMES ,COMPANIES ITIS AS OaAIES. INC no Non Ye��I�e YUn �; ii ii gills � ,�lNollll q iiio� RIGHT SIDE ELEVATION REAR ELEVATION OF 3 UNIT BLDG. THE JAMES COMPANIES. o, THE VILLAS DEERFIELD RE- DEVELOPMENT 5� Q 1996 .�� Aretdtecte and Plennern, Inc. a Bl� S . LP L I Go- A- '.0 80 CONDOS L._._._.1. - --- - ------ T ------- T=— \\1\. � ��1� I C I I I I I \� �, s 22 RqWHOUES L- H 11 J 51 VILUS LUCW.IGN MAP Coromandel OPP- ---- -- SITE DATA 3.3 B.LYA Preliminary Development Plan ` °• =.-" MEN LAND usm, Wc South Commons EXHIBIT C COST BREAKDOWN SOUTH COMMONS STREET/UTILITY IMPROVEMENTS Project Estimated Cost. Developer Portion Village Portion (Billing Contracting/ Resp. Central Avenue - - -- Roadway S 354.,000 $ 177,000 $ 177,000 Developer - -- Utilities $ .192,000 $ 192,000 $ - Developer -- Overhead Relocate $ 125,000 S 125,000 Developer. Sub- total: $ 671,000 $ 494,000: $ 177,000 Metra Overhead $ 150,000 $ - S. 150,000 Village Waverly Road -- Street Removal S 25,000 S 9,035 $ 15,965 Village -- Abandon Street & Sewer $ 12,500 $ 4,518 $ 7,982 Village - -New Sanitary to Osterman $ 40,000 S 14,457 S 25,543 Developer - -New Storm to Osterman $ 40.,000 $ 14,457 $ 25,543 Developer -- Overhead Utilities Relocate $ 200,000 $ 72,283 S 127,717 Village Sub - total: $ 317,500 $ 114,750 .$ 202,750 TOTALS: $ 1,138,500 i $ 608,750 $ 529,750 To the extent that any work described .in Exhibit C is performed prior to conveyance of either Parcel A or B, Village shall make all required payments therefor and shall be .reimbursed by Developer for its appropriate share of said payments immediately after the initial conveyance and upon presentation of :appropriate documentation, including all necessary lien waivers. Exhibit C identifies which party hereto'has the responsibility for obtaining bids and negotiating contracts for the respective projects. Prior to execution of said contracts, each party shall obtain.the approval of the other party following, submission of the proposed contract for review of the other party. The party executing a particular contract for a project shall made all required payments thereunder 'in a timely manner and thereafter shall submit all appropriate documentation, including lien waivers to the .other party for payment of that party's appropriate share of the project cost as set forth in this'Exhibit C. JKS 170671 . 8 December 29. 1998 �_ 1 STATE OF ILLINOIS ) 449330 COUNTIES OF LAKE AND COOK ) SS Filed for Record in: LAKE COUNTY, IL MARY ELLEN VANDERVENTER VILLAGE OF DEERFIELD ) OnAtM11.2ja1999 Receipt #:� 168855 Doc /T pe ORD Deputy - Cashier #1 - RECORDER 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 -99 -16 entitled "An Ordinance Amending the Zoning Map and Approving a Special Use in R -5 General Residence District" as appears in the records and files of the office of the Village Clerk. Dated this Anril 29, 1999 SEAL a Aun4&2� R RT D. FRANZ, Village Clerk Submitted by: Village of Deerfield '850 - Waukegan Road Deerfield, IL 60015 ti ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT Published in pamphlet form this 15tYday of March 1999 by the President and Board of Trustees of Deerfield. 1KS 218335 . I January 28. 1999 4349330 rl ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT WHEREAS, the properties legally described in Exhibits A and B attached hereto and made a part hereof are presently classified in the I -2A Village Center Limited Industrial District and the R -4 Single and Two - Family Residential District respectively, and in addition to the property legally described in Exhibit C attached hereto which is presently classified in the R -5 General Residence District comprise the "Subject Property "; and WHEREAS, Edward R. James Partners, L.L.C., an Illinois limited liability company ( "Developer "), and the Village of Deerfield (collectively with Developer, the "Applicant ") have filed an application seeking the reclassification of the properties legally described in Exhibits A and B to the R -5 General Residence District and to authorize the development of the Subject Property for a Special Use Village Center /Residential Planned Development for consideration by the Plan Commission of the Village of Deerfield; and WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public hearing on the application of the Applicant for the classification of the properties legally described in Exhibits A and B in the R -5 General Residence District, and to authorize the development and use of the Subject Property for a Special Use Village Center/Residential Planned Development to include and permit the construction of 153 residential dwelling units as more particularly described below, in accordance with Articles 4.05- C,8,b, 12.04 and 13.11 of the Zoning Ordinance of the Village of Deerfield; and WHEREAS, said hearing was held pursuant to duly published notice thereof and was in all respects held according to law; and WHEREAS, the Plan Commission of the Village of Deerfield considered and reviewed the evidence adduced, including those exhibits listed on and attached hereto and made a part hereof as Exhibit D, and thereafter, the Plan Commission made written findings of fact and recommended that said Special Use of said real estate for a Village Center/Residential Planned Development, including 153 residential dwelling units, be granted, subject to certain conditions and restrictions hereinafter set forth; 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 the properties legally described in Exhibits A and B in the R -5 General Residence District as recommended by the Plan Commission and by the granting of said Special Use as herein described. JKS 2 1833 5 . I January 28. 1999 '34933® ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT 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 included and made a part of ONE: the Village Zoning Ordinance passed April 17, 1978, as amended, is hereby further amended by zoning and classifying the properties legally described in Exhibits A and B to the R -5 General Residence District. SECTION That the President and Board of Trustees do hereby affirmatively find that the TWO: Special Use of the Subject Property for a Village Center/Residential Planned Development, as hereby authorized, fully complies with the requirements and standards set forth in the applicable provisions of the Village Zoning Ordinance, and said Special Use of the Subject Property, as specifically proposed, be and the same is hereby authorized and approved. The foregoing authorization and approval are subject to the following conditions: (A) That all use, construction and development shall be in accordance with Exhibit D, attached hereto and made a part hereof, consisting of the Final Development Plan prepared by Jeri Land Design and dated October 28, 1998; Final Landscape Plan prepared by the Lakota Group, Inc. dated October 20, 1998; the Architectural Plans, Elevations and Renderings submitted by Developer and prepared by Bloodgood Sharp Buster and Otis Associates and dated October 12, 1998; and all other documentary and exhibit filings made pursuant to Planned Unit Development Procedures as set forth in Articles 12.04 and 12.09 of the Village Zoning Ordinance, the terms of this Ordinance, and all representations by the Developer to the Plan Commission and President and Board of Trustees. (B) Continued compliance with all terms and conditions of a certain Redevelopment Agreement dated January 4 1999 by and between the Village and Developer. (C) That all vacations, dedications and resubdivisions as may be required to permit the proposed development and the consolidation of the individual parcels within the proposed development will be accomplished by the cooperation of Developer and the Village of Deerfield. JKS 218335 . I January 28, 1999 ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT (D) Village and Developer enter into a Development Agreement in accordance with the provisions of the Village of Deerfield Development Code adopted as Ordinance 93- 54. SECTION That in connection with the approval of the above - described Special Use the THREE: Developer is granted the following modifications of the regulations contained in the R -5 General District pursuant to the provisions of Articles 12.07 and 12.04 -N of the Village Zoning Ordinance. (A) A modification/exception of the setback requirement between a public street and building to allow a 30 foot setback from the Osterman Avenue property line (condominium building A) and a 27 foot setback from the Robert York Avenue property line (condominium building B) in lieu of the required 45 feet for the condominium buildings, and to allow a 23 foot setback from Central Avenue property line in lieu of the required 25 foot setback for the rowhomes. (B) A modification/exception of the setback requirements between a private street and a building to allow a building (building 7) to be setback 20 feet from the private street running between the villas in lieu of the required 29 feet, and allow a building (building 4) to be setback 23 feet from the private street running between the villas in lieu of the required 29 feet. (C) A modification/exception of the required 25 foot perimeter setback to allow parking for the condominiums in the west set back, a 14 foot setback along the east perimeter for the villas (building 7), a 23 foot setback along Central Avenue for the rowhomes, a 24 foot setback at the east side of the rowhomes. (D) A modification/exception to the parking stall size requirement in order to permit 8 foot wide parallel parking spaces in lieu of the required 8 1/2 wide spaces in the private road between the villas. (E) A modification to the signage requirements to allow a 28 s.f. sign in lieu of the required 12 s.f. sign at the entrance to the development, a height of 5'6" in lieu of 4 feet and to allow the proposed ground signs to be within 15 feet of the property lines. (F) A variance from the Development Code to allow a private street between the villas. JKS 218335 . I January 28. 1999 4349330 ORDINANCE NO. 0 -99 -16 AN ORDINANCE AMENDING THE ZONING MAP AND APPROVING A SPECIAL USE IN R -5 GENERAL RESIDENCE DISTRICT SECTION That any violation of any of the conditions hereinabove set forth, shall FOUR: authorize the revocation of the Special Use hereby authorized. SECTION That the Village Clerk is hereby directed to publish this Ordinance in FIVE: pamphlet form and see to its recordation in the office of the Recorder of Deeds of Lake County, Illinois at Developer's expense. SECTION That this Ordinance shall be in full force and effect from and after its passage, SIX: approval and publication as provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6) NAYS: None (0 ) ABSENT: None (0 ) PASSED: This 15th day of APPROVED: This 15th day of ATTEST: i VIL AGE CLERK 1KS 218335 . I January 28, 1999 March March A.D., 1999. A.D., 1999. - - t1dopww" I —111W f V L GE PRESIDENT 2 4��q� a0 no � 11: PROPERTIES CLASSIFIED IN THE I -2A VILLAGE CENTER LIMITED INDUSTRIAL DISTRICT 741 (also known as 747) and 751 Central including the extension of those properties southward from Central and Waverly Ct. (formerly known as the Pedersen Property) described a$ follows: PARCEL ONE That part of Lot 19 in Owners First Addition to Deerfield in Sec. 33, Twp, 43 N, Range 12, East of the Third Principal Meridian, Described as follows: Beginning at a point in the South line of Lot 10 in Woodman's Resubdivision, said point being 10 feet east of the Southwest corner of said lot; thence South parallel to the West line of Lot 10 extended 10.3 feet; thence South 23 degrees 356.95 feet to a point which is 305 feet Easterly of the center line of the right of way of the Chicago Milwaukee and St. Paul Railway Co. measured at right angles thereto; thence Southerly parallel to the Easterly right of way line of said railway 300 feet; thence westerly at right angles to last mentioned line 255 feet to the East right of way line of said railway; thence northerly 300 feet along the East line of the right of way of said railway; thence Easterly at right angles to said East right of way line 125 feet; thence Northerly on a curve concentric to the center line of said right of way and 175 feet Easterly therefrom 429.5 feet to the Northwest corner of said Lot 19; thence Easterly 147.9 feet to the point of beginning, in Lake County, Illinois. PARCEL TWO Lots 11 and 12 and the West 10 feet of Lot 10 in Woodman's Resubdivision of Lots 1, 2 and 3 in Block 4 and Lots 2 to 7, inclusive, in Block 5 and vacated street between said Blocks 4 and 5 in Hall and Oster-man's Addition to Deerfield, in part of the NW 1/4 of Section 33, Township 43 North, Range 12, East of the Third Principal Meridian, as per Plat thereof of said Resubdivision recorded September 14, 1922 as Doc. 215879, in Book "L" of Plats, Page 38, in Lake County, Illinois. and Former Metra/RTA property located along the east side of the railroad tracks, west of Waverly Ct., and south of Osterman Ave. `a and 612 Waverly Ct. (Touhy Lumber) That part of the lands of the Chicago, Milwaukee, St. Paul and Pacific Railroad - Company situated in the East Half of the Northeast Quarter of Section 32, and in the West Half of the Northwest Quarter of Section 33, both in Township 43 North, Range 12, East of the Third Principal Meridian, in Lake County, Illinois, bounded and described as follows: Beginning at a point of intersection of the Easterly property line of the Chicago, hfilwaukee, St. Paul and Pacific Railroad Company (being a line 175.00 feet Easterly from and concentric with the center line of the original right of way, 100 feet wide of said railroad) with a Westward extension of the South line, as now monumented and occupied of Osterman Avenue, (said South street line being the North line of Blocks 2 and 3 in Hall and Osterman's Addition to'the Town of Deerfield) and running thence Southwardly along said Easterly property line being the arc of a circle convex to the West and having a radius of 5554.65 feet, an arc distance of 399.45 feet to a point which is 40.00 feet (as measured along said arc) Northerly from the point of intersection of said Easterly property line with the South line of Central Avenue (said South street line being the North line of lots in Woodman's Resubdivision of Lots 2, 3, 4, 5, 6, and 7, in Block 5 and Lots 1, 2, and 3 in Block 4, together with vacated street lying between said Blocks 4 and 5, all in Hall and Osterman's Addition to the Town of Deerfield, thence southwestwardly along a straight line, normal at the last described point to the tangent of said last described arc, a distance of 94.00 feet; thence Northwardly along the arc of a circle, convex to the west, having a radius of 5648.65 feet and concentric with said Easterly property line, an arc distance of 432.22 to its intersection with said Westward extension of the South line of Osterman Avenue and thence East along said South Street line, a distance of 97.47 feet to the point of beginning; containing 39,053 square feet of land, more or less. and Lots 3,4,5 and the west 60 feet of lot 6 in block 3 in Hall and Osterman's Addition to the town of Deerfield, in the Northwest Quarter of Section 33 and the Northeast Quarter of Section 32, Township 43 North, Range 12, East of the Third Principal Meridian Recorded June 21, 1874, Book "A ", Page 16. 4341-9330 FAr A11 that part of the.former Chicago, Milwaukee, St. Paul and Pacific Railroad Company's right of way lying Southeasterly of the South line of Osterman Avenue and lying Northeasterly of and parallel with a line 50 feet Easterly of (as measured parallel with, or radially to) the center line of said railroad company's original main track center line, excepting therefrom that portion conveyed to Corrine N. Joseph by Quit Clairii Deed dated September 6, 1963, all being in the East Half of the Northeast Quarter of Section 32 and in the West Half of the Northwest Quarter of Section 33, in Township 43 North, Range 12 East of the Third Principal Meridian, Town of Deerfield, Lake County, Illinois, containing 2.1176 acres, more or less, and being more particularly described as follows: Commencing at the point of intersection of the Easterly property line of said Chicago, Milwaukee, St. Paul and Pacific Railroad Company (being a line 175.00 feet Easterly from and concentric with the center line of the original right of way 100 feet wide of said railroad company with a Westerly extension of the South line as now monumented and occupied of Osterman Avenue (said South street line being the North line of Blocks 2 and 3 in Hall and Osterman's Addition to the Town of Deerfield) and running thence Southerly along said Easterly property line being the arc of a circle convex to the West and having a radius of 5554.65 feet an arc distance of 399.45 feet to the point of beginning of the tract herein described, said point being 40.00 feet (as measured along said arc) northerly from the point of intersection of said Easterly property line with the South line of Central Avenue (said South street line being the North line of lots in Woodman's Resubdivision of Lots 2, 3, 4, 5, 6, and 7 in Block 5 and Lots 1, 2, and 3, in Block 4, together with vacated street lying between said Blocks 4 and 5, all in Hall and Osterman's Addition to the Town of Deerfield); thence continuing Southeasterly along said Easterly property line, being the arc of a circle convex to the West and having a radius of 5554.65 feet an arc distance of 629.50 feet to a point which is 175.00 feet Easterly and radially from the center line of said railroad company's original main track center line; thence Southwesterly along a straight line normal at the last described point to the tangent of said last described arc a distance of 125.00 feet; thence Northwesterly along the arc of a circle convex to the West having a radius of 5679.65 feet and concentric with said Easterly property line an arc distance of 1086.01 feet, more or less, to its intersection with said westerly extension of the South line of Osterman Avenue; thence East along said South street line a distance of 32.92 feet to a point on the arc of a circle convex to the West and having a radius of 5648.65 feet and concentric with said Easterly property line; thence Southeasterly along said curve an arc distance of 432.22 feet to a point which is radially 81.00 feet from the center line of said railroad original main track center line and located on a straight line passing through the point of beginning; thence Northeasterly a distance of 94.00 feet along said straight line to the true point of beginning. 434-9330 Glk, PROPERTIES CLASSIFIED IN THE R-4, SINGLE AND TWO FAMILY DISTRICT LOT 2 (627 CENTRAL), LOT 3 (635 CENTRAL), LOT 4 (641 CENTRAL), LOT 5 (649 CENTRAL), LOT 6 (705 CENTRAL), AND LOT 7 (713 CENTRAL) IN WOODMAN'S RESUBDIVISION OF LOTS 2,3,4,5,6 AND 7 IN BLOCK 5 AND LOTS 1,2, AND 3 IN BLOCK 4 TOGETHER WITH VACATED STREET LYING BETWEEN SAID BLOCK 4 AND 5 ALL IN HALL AND OSTERMAN'S ADDITION TO DEERFIELD, ILLINOIS, ACCORDING TO THE PLAT THEREOF, RECORDED JUNE 12, 1874 IN BOOK "X'- PAGE 16, RECORDED SEPTEMBER 14, 1922, DOCUMENT NO. 215897, BOOK "L ", PAGE 38 O LOT 2 AND THE EAST 40 FEET OF LOT 6 OF BLOCK 3 IN HALL AND OSTERMAN'S ADDITION TO THE TOWN OF DEERFIELD IN THE VILLAGE OF DEERFIELD IN LAKE COUNTY, ILLINOIS, RECORDED JUNE 2, 1874, BOOK "A ", PAGE 16 D LOTS 1 AND 2 IN MATTY'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 N, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, RECORDED APRIL 19, 1966, DOCUMENT NO. 1301146, BOOK 43, PAGE 41. 4349330 0 EXHIBIT C PROPERTY CLASSIFIED IN THE R -5, GENERAL RESIDENCE DISTRICT LOT I IN BERGMARK RESUBDIVISION, BEING A RESUBDIVISION OF LOT 46 AND PART OF LOT 44 IN COROMANDEL RESUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 3, 1997 AS DOCUMENT 4014253, IN LAKE COUNTY, ILLINOIS. 43 -1.9330 kk El! 0 Lj rj rj ------------- ot.—.. A- - -- ---------- — 7 CONDOS %YA ----- — T T crK 1c., 22 RqWHOMES T—\ L L r ZF:") W'. ORD 14 3 51 VILLAS LOCATION MAP Coromandel I` 0 SITE DATA 4,149330 Final Development Plan OFP— - I I MEN I AND DFCK.N IN(: EH� i R =_ : _._ MIA.- r W p�p� t� fy l: !I!' ii L `1 U V a,D3 CONDOMINIUM EXTERIOR MATERIAL LIST BUILDING ELEMENTS MATERIAL Roofing Owens Corning architectural 25 year asphalt shingle: color to be "Driftwood ". Exterior Walls Brick masonry (Cherokee Sanford - "Cameron Blend ") with soldier course banding and archwork. Prairie Stone ( "alabaster ") base, banding, and sills. (Rough cut -out and smooth) sand. Windows/Sliding Glass Doors Synthetic stucco "STO" oatmeal. Clear glass with "sand" prefinished exterior vinyl frames and interior by Hurd Windows ( "Monument Windows "). Main Entry Doors Prefinished aluminum storefront with clear glass sidelights: color to match exterior windows. Other Entry Doors Six panel embossed insulated steel painted to match windows. Overhead Garage Door Sectional embossed raised panel steel painted color to match cedar trim. Wood Trim and Fascia Stained cedar "Navajo White ". Gutters and Downspouts Prefinished aluminum - color to match adjacent materials. Shutters Vinyl shutters color to be "Forest Green" Metal Railings @ Balconies and Terrace Prefinished black. Exterior Lights @ Balconies Newbury NYV16V (Torazzo finish) Exterior Lights @ Garage Door Newbury NY8317V Exterior Lights @ Entry Newbury NY8318V SOUTH COMMONS - DEERFIELD OCTOBER 12, 1998 EDWARD R. JAMES PARTNERS, L.L.C. Cry C� C� 4� i .a GARAGE PLAN ■. _ 02. . . SOUTH COMMONS DEERFIELD r'nNranMMIIM FSIJN nMr, .» m . .. FnIIARn 9 ,JAMES RARTNFRS I I r, ZOOM . ®'M OT15 15500idrE5, iT+G OCTOBER Q. F)9B 91014 ��� BUIDNG DATA: GARAM • 60 C.K25 5.401 Sf. 9 WW, AEA '"W" ADDff VNk AEA Ix u. TDw f STLRAM 11 srAm .» m . .. FnIIARn 9 ,JAMES RARTNFRS I I r, ZOOM . ®'M OT15 15500idrE5, iT+G OCTOBER Q. F)9B 91014 ��� fts C✓J C� SOUTH COMMONS DEERFIELD CONDOMNUM BUILDNG EDWARD R. JAMES PARTNERS L.L.C. CLtDeQt P, 59B 97071 • p 11JM ores a550Vnres. Svc \JL�� -� W c� �a a TYPICAL FLOOR PLAN V E%J DNG DATA GARAGE - AO CARS BAM F. IMB 4® IMRIgtt>A TWO OF. Mc 4® mm t4% BY. Lm a � TIO1g1� ml Sy. LWE Ate. rwmZ%". LW AMA N,%{ 5A. COT" AREA tYPCAL,RLOCR 11572 5Y. TOTAL RDCR AREA 70.356 &F. wn.4 TOTAL BADW, AREA 9yAey yF. SOUTH COMMONS DEERFIELD DEERFELD, UNDIS 5707' q BU . ®� OTIy AyyOCIATEy, IN, BUILDING A (NORTH BUILDING) OCTOBER 12. EDWARD R. JAMES PARTNERS L.L.C. OCTO Ca) 01 Cal C *) m L A5P44LT514NGLES ROOF PLAN ot. . SOUTH COMMONS DEERFIELD BUILDING A (NORTH BUILDING) EDWARD R. JAMES PARTNERS, L.L.C. 91011 OCTOBER • 'M C 11 a55CCidrES. Q, 1998 ��� 1-� ROWHOME EXTERIOR MATERIAL LIST SOUTH COMMONS - DEERFIELD OCTOBER 12, 1998 EDWARD R. JAMES PARTNERS, L.L.C. BUILDING ELEMENTS MATERIAL Roofing Owens Corning architectural 25 year asphalt shingle: color to be "Driftwood ". Exterior Walls Brick masonry (Cherokee Sanford - "Cameron Blend ") with soldier course banding and archwork, Prairie Stone ( "alabaster ") base. banding, and sills. Synthetic stucco "STO" oatmeal color. Siding Owens Corning Vinyl - Color "Desert ". Windows /Sliding Glass Doors Clear glass with "white" prefinished exterior vinyl frames and interior by Hurd Windows ( "Monument } Windows "). I> Bay Roofs Standing seam copper. Ulf Entry Doors Six panel embossed insulated steel painted Burgundy Red or Forest Green. Overhead Garage Door Sectional embossed raised panel steel painted color to match cedar trim. Wood Trim and Fascia Stained cedar "Navajo White ". Gutters and Downspouts Prefinished aluminum - color to match adjacent materials. Shutters Vinyl shutters color to be "Forest Green" or "Burgundy ". Metal Railings @ Balconies and Entry Stairs Prefinished black. f Exterior Lights @Balconies Newbury NY8316V (Torazzo finish) Exterior Lights @ Garage Newbury NY8317V Exterior Lights @ Entry Newbury NY8318V SOUTH COMMONS - DEERFIELD OCTOBER 12, 1998 EDWARD R. JAMES PARTNERS, L.L.C. '�F!sU' �l -►_L. I� �rl_Ih L IL I ill.' Lc II �F. G.11:1i11t!�J =` 'F� ii�ci II iii ?I it I I ii, III .0 3 j] :.'„'1111111tlIiIIF L[ II Inli l'_I� G`� t�U'h 11 " �i.•T�:1 !11 I . !I 3 7. -_ 00 �.. b � M;E;, ��� �f �c �,�. I 1 � --,� . ;:,•- '' '� EV � =_ "'I I�IL 11. ���� FIy•l�`i � III :` � � �!� • � I lif •I I �I .t 1! � I ..�1 • r1��y�y =�1.a�1 "' J!Ii I J "i `c -L I (fI �.:� -•a ��,,. tje � 'T J (.�'* -^7 z _;. ^.i +:� ti:: �,,,4• � �d1�91111111CF}= _ tea_ �;� 1. ^� _ •�•;� . r`� �.a =:CG. •::. -..�::'= ; � = 'ice +'�-- - -_ - - -'� -- _ � N W. mAll m i 1 f' v vv vvll'vv (A t. /(. D L .. ASSEMBLY PLANS 8 UNIT BLDG. JAMES COMPANIES V. T)PPrfiPlrl RnxvllnTll ?C zBJ, vv vtv v j I I i i im Q 1 �, � ,W died ail I'lannen, h¢ D;r Bloodgood Sharp Buster m JAMES COMPANIES Deerfield Rowhomes ki: UNIT A ka w ..I r.a JAMES COMPANIES Deerfield Rowhomes MBR , BR 2 ll'x(o' al LOFT JxS BR I I'x I �' -D u 40 ro UNIT B ' „r ©mi Bloodgood Sharp Bust( P. W CO GJ C) MASTER SUITE X SUPER' MASTER SUITE PLAN OPTIONS UNIT B A,1,11,w-d M-., 1- JAMES COMPANIES Bloodgood Sharp Buste. ?p Cl) r�+ C� C) JAMES COMPANIES Deerfield Rowhomes 1910 SF UNIT C END UNIT ONLY u fYa -O 11 o �x i /o. /a •S8 AfdJln:q unI Pbnnm, lue Rlnnrlr�nnd Share BlistP.1- G-� k- L L L V r JAMES COMPANIES L rl%- -1 11 T)"' hr"„rc UNIT 1 1 C PLAN OPTIONS �v •/� •S 8 �,� Mldtrr.� anal Plani.en, laic RlondLyoorl Sham Buster JAMES COMPANIES notr lr,IA 17nnrlan —c UNIT D A Al 10 i� (o. /� •48 �,n An:ldnr.� and i'lannrr., Inr. p, Bloodgood Sharp Buster 00k L _. VILLA EXTERIOR MATERIAL LIST BUILDING ELEMENTS Roofing Exterior Walls Siding Windows/Sliding Glass Doors Bay Roofs Entry Doors Overhead Garage Door Wood Trim and Fascia Gutters and Downspouts Shutters Metal Railings @ Balconies and Entry Stairs Exterior Lights @ Balconies Exterior Lights @ Garage Exterior Lights @ Entry SOUTH COMMONS - DEERFIELD MATERIAL Owens Corning architectural 25 year asphalt shingle: color to be "Driftwood ". Brick masonry (Cherokee Sanford - "Cameron Blend ") with soldier course banding and archwork. Prairie Stone ( "alabaster ") base, banding, and sills. Snythetic stucco "STO" oatmeal color. Owens Corning Vinyl - Color "Desert ". Clear glass with "white" prefinished exterior vinyl frames and interior by Hurd Windows ( "Monument Windows "). Standing seam copper. Six parcel embossed insulated steel painted Burgundy Red. Sectional embossed raised panel steel painted color to match cedar trim. Stained cedar "Navajo White ". Prefinished aluminum - color to match adjacent materials. Vinyl shutters color to be "Burgundy Red" Preftnished black. t ' Newbury NY�316V (Torazzo finish) Newbury NY8317V Newbury NY8318V EDWARD R. JAMES PARTNERS, L.L.C. OCTOBER 12, 1998 MEN i nulu= m - ' 11 ��1�1� -10001— Win u1 1_ e�„3I�If� \I II �II la/�� \�a I�y1jiI1�1 - ill r I Lj LU t tfr-. AM , , 0 .. c Olt V01 19111' L = B l ol - L po L L ,- L L v P W1.4 1 ZN ct, cv r RIGHT SIDE ELEVATION ?000' O,t (;M, ID I flow n4o0 •1Z&M--7 . REAR ELEVATION OF 3 UNIT BLDG. t.N.,b THE JAMES COMPANIES G to 1 23 "15 8 °4 lb ci I'14b W, A Archi;erta :unl I'I;uuuer.. Im. ©i Bloodgood Share BLISll A Cl) Po Lcr I 3lUr- CLCVAI IUIN ` OF 3 UNIT BLDG. KCAK MX, VAIIUIV OF 6 UNIT BLDG. 4 a1 qg m to AV nm8 THE JAMES COMPANIES „,. „Iri:, „,,,.i.,:. °� >'e M: Rl()odLyoo l ShruT► TAI rglo, R ` A� W W f son" OPT. BASEMENT CONDITION 6,1!0" i.0 r._ i l ■-:gym► GROUND FLOOR FLAT 1500 SF 4'11lb j0. .9a JAMES COMPANIES ,/,�i 1 I of Bloodgood Shv-p Buster 44 OPT. SUPER MASTER SUITE r® L 1' i (L L d 1 1.1 JAMES COMPANIES Deerfield Villas IV/-) 01 11\VLVJ -1AJL V • /lAaXA v as uax X0•/2 •48 All I'll and Mannm.Irk p„ Bloodgood Sharp Buster 0 OPT. BDRM 3 AVAILABLE ON 3 UNIT BLDG'S ONLY JAMES COMPANIES Deerfield Villas 1940 SF INCLUDING ST4IRTOWER C , UPPER FLOOR TOWNHOUSE MAIN FLOOR AT SECOND LEVEL p;, Bloodgood Sharp Buster �0 1� o \oe • •• is °..o O.o ar � a� `L� ,� I �s�iGO '7"" '{Il:eS$d =,�, me!� WIF Him II11ip Ni IT }PR r. L. Ali I A H 0 T UIRAN D51C. I'AN-IMI PIA,N-N I N • 111111111 (Role. I SOUTF commor DEERFIEL PLANTING PL, VILLAS • A' rK! H�• IXt.il rl l l �J` iT•O `; OKPNI il[ rlMl l01 \ f MJ t rod.P. South Common* Plant Uat \� a��.o s.•.•.. wr•. c.r•.•wi P.•. w.� )••.Pr nsN 1ru ��.. w nr~w.ir�r.. •.�ww,. rn. e.r..,. .r•.o. �•a...s. n.w.•.. Isrr. W fiw••�no +•ter n�+�Ce•w nr.ww. W w) lr ••q•.Y •w• Hw wr f )N W e wr.� r b�.n•nMaf Wwrm W ..r�ww.r �� +Pw arrrrr a�.ri...rcw.sw e.rw.e r.r.fr r..i... w...r�r 1w.•.rwrr ••rw.w. w..e.w.ww rs•a�rrP� r1Pw.�e moo. ii�.w. v.:�••+�r w•.rrr•w r�.•wPr.ru +rr.�r..w i.s..Pn•ui. en.r rwr ar.r r.•+rPiw!•ew nul Mxc s�do.lr r� rr� r.•o�..r _.r.•w.. Nii 4 Nrw MK:a >r rIlwr MN:a Pr�•Y•lbr tev Mw Y6wPr YKO IP•w •iMwlrurw/ ••4•. Pwra YKA r►r •wrrrWw�� www Yrr• WW brrwnwr owrrw�I ww M� w� � rww 10•u wr. Nr �M•N wnr+•u.4 ��' •rw••1r'l v�r••n rau V. 41 21*1 ...nePPPw r..w ..w. +..�..... armor. c••.rw�r.e.r+• va. <c ur.w )r.r.. u....,r• rw.�•)•w•r.. rte.... taw w...•w. cG n cc ��• Pwrfwn�u�• /1f:/n•twyw f�• w ••u•iwP • ref•rwr� [wreA• vww.. 4 r.lnw.f �M1Mr�ibwfon+�• rw CG URBRN DESIGN ..� e.weeu e�ooc . � "' UND�(APf IIROIRE(UIR� PLANNiNC (01MUNRYWTION - > j� .. �� \ i; 1 1 t, � '1�T�r i �� + �\ j ({�'1! ,•rc.cow.111ucrc..c «� Yid SOUTH COMMON! -`�• 3 ; \' ��^ �nnn,,, %';� �,,,,,\ : \ `. x,•,1'1\ � -'� DEERFIELD \ 1 ' mm; ', .a 1 ��• ` \ .... c �� ) f1 {{�' \ � � 1 �1} ly/ \ 11w'ijy14 �1'•, •\ -1' ' 1 \�>� �. -. ] -PERENNIAL PLAT Vj _ m ew.oc ' .t � -' • .._o w.cnracvn vi]mx CONDOS a 1 0 ua, (� LP o i, ,L)�V I A K 0 T A MAN DESIGN MOM ANCE PLANNINC (0,KVLlNflYREVPff 111111111 CAllt, 111 ■ I MAI, 'PERENNIAL PLAI ROWHOMES SOUTH j COMMON' . . ...... DEERFIELD ■ I 0 LPG 'PERENNIAL PLAI ROWHOMES 0 LPG >� C.7 �? vk% �.�.. �,,,�"" �� ��� t.. >P ci w \� 1 ©Decorative Masonry Pier Address Marker or Gateway � Open. Decorative. Metal Railing w /Decorative Masonry Pier rlw T., 5, IMeprWnl A .ID M — .l R.IIInR A. N.aded MIS wJ d -- Mn W r,u.rrC OLow Decorative Metal Fencing Detail 36 "•42" Height M• IYI.IY @ � • tb_oA_° A "IW slr.r. Rrs M -aT Ill. D—I. R.IIIRA ae R.Anllq N`II @ Mld --- F I -TO 'ST . IF � 1 % - Aevl alL CIF i •Ju°.f id wr; . l.O. ._.. ���'.ti tJw•f -Eml+u -T'y+'* ca-l' r4. F° T lM! P OWtY {..+E7(1e.A}.n /S• �J.Jlrlr FGPtLe Id - -_ S I.I ©I�p Solid r. sl•a a n«aWla d ,bla e n TITS @ ' p. Cast Plaque ., Q Overlook Plan and Pond Mn I A H 0 T A URBAN DESIGN WNW AR(HlHU RI PIANNING , (OMMUHII! plilli Till THE EAAOIA DROOP. INC. SOUTH COMMONS ma:ullAnvv. ITAI. RAlIJNO �purr�A SIGNAGE bid/" gar �w+l. FENCING • O L7 �11112�OIIIr:' � -� !lir•VI:��NPI.IIUR'.R ._ze �lA�r�Ad.cs.rs � j •�i7R7Yfilan �._.._.�_,.— a ��_ Y�I ; +���'I �'�_►ur :SalllUa�l� •..a��.>.aa.= A II�IU /LLUIU . 1f1����fiflfl��flIl�hl �I Ifl�flIlUfjl�lfll�i[[��` ©Decorative Masonry Pier Address Marker or Gateway � Open. Decorative. Metal Railing w /Decorative Masonry Pier rlw T., 5, IMeprWnl A .ID M — .l R.IIInR A. N.aded MIS wJ d -- Mn W r,u.rrC OLow Decorative Metal Fencing Detail 36 "•42" Height M• IYI.IY @ � • tb_oA_° A "IW slr.r. Rrs M -aT Ill. D—I. R.IIIRA ae R.Anllq N`II @ Mld --- F I -TO 'ST . IF � 1 % - Aevl alL CIF i •Ju°.f id wr; . l.O. ._.. ���'.ti tJw•f -Eml+u -T'y+'* ca-l' r4. F° T lM! P OWtY {..+E7(1e.A}.n /S• �J.Jlrlr FGPtLe Id - -_ S I.I ©I�p Solid r. sl•a a n«aWla d ,bla e n TITS @ ' p. Cast Plaque ., Q Overlook Plan and Pond Mn I A H 0 T A URBAN DESIGN WNW AR(HlHU RI PIANNING , (OMMUHII! plilli Till THE EAAOIA DROOP. INC. SOUTH COMMONS ma:ullAnvv. ITAI. RAlIJNO �purr�A SIGNAGE bid/" gar �w+l. FENCING • O L7 t� t� e. I -`- n� - Ms..w..►MM II M1 vY YMTrt r 0 P"A��, �pwDb / H.rw.' 1li'Wbe oM1 . II I{F. I" pGl GwNr.hTn•I I Ur.Flfl^Vl r w•1"'•47 P�••I. I PE► _71-44; I ; 7" E R 11)ecorative Street LiEht M %MO IL .Section "-•C •',.Nle � 9b.F..,n)t/l �. F.. ' Hd w tLIF. �.�i. Eeb.l we TJEi.�'+•��F Es...l•>v. ;; �.�r. .�,..rv- �L'.,,...,.. • • fl+.�' I � ^ t7� 'tillEh -'�t"1 ;�- a�.-.I �. Oct• _71-44; I ; 7" M %MO IL .Section -�Pr. i''; e'aF.'I.�_`,f'�'11r`�! / � ^•i PsctfT%w7E 7 "IEN_rMF E�F+reR .w' u � TI_ A Weathe,edge Ledpemck f NT9 SEALED WELL LIGHT .,yrtr,�F�,•I•,. E's. �... .. -.. L ^Rrtir; ,5 r., IL �. -..f IEEL� JII>"SI� i''; e'aF.'I.�_`,f'�'11r`�! / � ^•i PsctfT%w7E 7 Section .... S��J�iil�le•� Mq ' py r. u.• d r� F° ,..,.., Typ. Bench and Trash Receptacle li �i.1c q..Ir +✓Ike. R•.– -- r< 40 40;° U e•i�•w - "cnv•toK bV�`rt� �7P q o � •o. I V _ —;=j=l . a �xt .TYLN �poour� 4u-IK y.•rE11AJ�'� rF�plit Face Conc. Block Rel. Wall Ti.+Ir�Je.e+7�� Wvi • T?-P. wl}vIP �•yj eTw•t•.r+e �-- . � � le." v„re • 6ee4 Er.b -4ri _ -AL p✓.J F°g "r-IL Al^( A VkT. LWrtvl MRRw+IBAw �l+1� 'rw �411•LtT WIa�P- psi- bcPSGt Unit Pavers IPeG TeY Hrt,F N+4i:CM S,b E/ �rl �+H'tY W+rus r� rrP MIME "- vw�. f :-- - -- ..r..^i.�.....'n �,..�."' •.�e.��c..w...... C Ninilln -Ground Spot Light ( Si na a �nlv�l I A K 0 T A URBAN MM IPGNIDi(GF'(Gk'1N {'N��;; I;' {fr�yE 4,L P, INE 11n01� OFOUI, IEC. ... .......... ... I ........ SOUTH COMMONS SITE ELEMENTS • O L8 MD.FORD ROAD Rowelomp-1; SECTION A -1 Section South•North Thru Rowhornes MFFRA R.O.W. (:EN'rkAl. AVE.. 0 MILS)RD ROAD SECrION B-1 Section West-East Thru Villas, I A K 0 T A URBAN MIGH 1AHWAH AR011MR1 PLANNING AUH11Y HAHONS SOUTH COMMONS SECTIONS L9 I r. is SITE EXTERIOR MATERIAL LIST BUILDING ELEMENTS MATERIAL Light Fixtures Lumec 61 or equivalent - SE3 Black Light Standards Lumec V503 or equivalent - 504 Black Light Bollards Bega 8116S 39 3/8" - Black Concrete Paver Unilock Brussels Block Brown Stone - three sized random pattern. Rock Outcropping Eden Weathered Limestone Retaining Walls Versa lock split faced units - color to match Prairie Stone (Alabaster) *ID SOUTH COMMONS - DEERFIELD EDWARD R. JAMES PARTNERS, L.L.C. OCTOBER 12, 1998 r+ i ;� l( CJ I ; ci r L TYPICAL 6 (OR 8) GANGED MAIL KIOSK ■ TYPICAL EXTERIOR LIGHT FIXTURE AND STONE ADDRESS BLOCKS TYPICAL COPPER BAY ROOF 001, EXTERIOR MATERIALS VILLAS AND ROWHOMES If OA bit 14.T wooj ro!q- "ll [I e 61[t -4tA(l `�blac� -'' -�in l s�c�d �1 ic�unurw RAILINGS AND POSTS AT CONDOS AND VILLAS ()(— CAP boy-AP ►u b ........... . m' 8318B . : EXTERIOR BUILDING LIGHT FIXTORES -0 o//:)/.7s JQ BALCONY RAILINGS BUILDING LIGHTING Cr, C� C� L FIREPLACE TERMINATION CAP FOR ROWHOME FIREPLACES 5 -8 TYPICAL BENCH SEATING SITE RAILING AND SIMILAR MASONRY MONUMENT (REFER TO LANDSCAPE PLANS FOR ACTUAL MONUMENT) 49 EXTERIOR'MATERIALS GENERAL SITE OCC6DCt, Lurnec 1,61-SE3 kith 6i degree cutoff. 70 and 100 watt UPS VR503 12' pole with single arm VR 504 Base Black Finish 4 vr; VR 503 VR 504 STREET LIGHTING BEGA ,3e , is ': i,ght owr.c,o, Colo, Custom Cow', a: C" 'Cn, 01 Gel 995A Anchuage;0,3116 S.00"!,0 8%A A1Cno'2ga:0'8';9 SIDOI-eC LIGHT BOLLARDS oo4p, .0 (-/, -/5 t GENERAL SITE LIGHTING 8116P 'ewpAc 1250 5: 9 81165 Saw E 17HPS �Oco 39�> 8 1 16AAH 1 SOW ED 7 M. 35CC 3l4 - 81190 _1 26W PLC law 7 3i: 81195 I E , 7 Ps 6.loG 81191AM 1 ICK)w ED I,' MM 85co 995A Anchuage;0,3116 S.00"!,0 8%A A1Cno'2ga:0'8';9 SIDOI-eC LIGHT BOLLARDS oo4p, .0 (-/, -/5 t GENERAL SITE LIGHTING 000 6vov 1, "01 ROCK OUTCROPPING Unilock Brussels Block Concrete Pavers. Proposed surfacing in Lower Level Plaza Color blend is Graystone and Sandstone Random pattern of three block sizes: 8" x 7 ", 4" x 3 1/2 ", and 2" x 1 3/4" CONCRETE PAVERS GENERAL LANDSCAPE FEATURES ------------------------ -------- ------------------- ---------- - - - - -- ...................... ------------------- ........................................................................ --------------- ----------- -------------------- - ----------- ------- --- ------ -- ----- ---------- --- ----- ----- ---- ---------------- -- ---------- ------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------------------ ----------- ---------------------- ----------------------------------------------------------------- ------------ ---------- ------------ --------- ----------- -------------------------------- ----------- ............... ------------------- ----------------- ----------- -------------------------- ------------------------ - - - - - - - - - -- ------- ....... -....---.... .................................. ----------- ---------------------- ------------------------- -------------- ............ ------------------------ ........... ------------------ ----------- .. .. .. .. .. --- ------- - ------------------- .. .. .. .. .. -------------------------------------- .......... --------------- --------------- ------------ --------------- ---------- ------------------- ------------------------------- ---------------- ------------- -------------------------------------- ------------- -------------------------- - -------------- ------------ - -------------------- ................. ........................................ ----------- -------------------------------------- H -------------------------- ............ ---------- - ------------ - - -------- ---------- -------------- ---------- --------------- ----------- ................... ----- ---------------- ---------------- ------------ ............ ---------------- ---------------- ----------------------- _-::: --------------- ............ ---------------- --------------- --------------------------- ---------- ----------- ::::: ----------- ............ ----------------- --- ....... ------------------------------- ------------------- -------------- -- -------- ------------------------------- ------------- ---------------------------- ................ ............. .................... ............. .. .. .... : ............... ---------- - ------------------ - -------------- ................... ---------------------- -- ---------------------- - ---------- --------------- ----------- -- ------------ --------------- ------------- ----------- -------------- ------------------ ---------------------------------------------- ..... ...... ----------- ------------ ---------------------- -------------- -- ................. ------------- ............ --------------- ------------ ----------------- ------------ ................... - - --------- --------- --- -------------------------------- ------------- --- - --------------- --------------------- ---------- ----------------- ----------- ---------- ----------------------------- ----------------------- ------------- --------------- --- ----------------------- ----------------- --------------------------------------------- -------------------- :::::.. *.:,. --------------- --------------- -------- ------------ ------------- - ------------------- -- ------- ---- ---- - ----- -------------- --- ----- ----- ----------------- --------------------------------------------- - ------------- ............. ----------- -------------- ------------------------------------ - ----------- -------------- ----- -------- -------- ------------------ -------------- ------- ----- --- =-------- :-------- ---- -- - - - - -- --------------------- --- ---------------------------------------- ----------- --------------------------- --------------------------- ------------------ - ----------------- ------------ : -------- -------------- ----------------------------------------------- ----------- - ------------ ............. -- ------------------- --------------------------- ---------------- ---------------------- -.� mac` 43497330