O-00-03I
ORDINANCE NO. 0 -'00- 03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -213
OUTLYING LIMITED INDUSTRIAL DISTRICT
Published in pamphlet form this
3rd day of January 2000
by the President and Board of
Trustees of Deerfield
JKS 255729 Q December 16, 1999
ORDINANCE NO. 0 -`_0O. 03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -2B
OUTLYING LIMITED INDUSTRIAL DISTRICT
WHEREAS, the Plan Commission of the Village of.Deerfield has heretofore held a public
hearing on the application of Cole Taylor Bank, as successor Trustee to Harris Trust and Savings
Bank under Trust Agreement dated November 24, 1965 and known as Trust No. 32133 and
Safeguard Self Storage, LLC, a Delaware limited liability company (collectively, the "Applicant ")
to authorize the development and use of the property legally described on Exhibit A attached hereto
(the "Subject Property ") as a Special Use to permit the establishment of a self - storage facility in
accordance with Articles 6.03 -C,13 and 13..11 of the Zoning Ordinance of the Village of Deerfield
(the "Zoning Ordinance "); 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 after considering the evidence
adduced by Applicant, including a Site Plan, Landscaping Plan and Building Elevations
(collectively, the "Final Plan") prepared by Kirk + Partners, Inc. dated November 11 and December
6, 1999 each of which are attached hereto and made a part hereof as Exhibit B, made written findings
of fact and recommended that said Special Use of said real estate for a self - storage facility subject
to certain conditions and restrictions hereinafter set forth be approved; and
WHEREAS, the President and Board of Trustees of the Villageof Deerfield have determined
that the best interests of the Village of Deerfield will be served by the authorization and granting of
said Special Use in accordance with the evidence and testimony presented by Applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby affirmatively find that the
ONE: Special Use, as hereby authorized, fully complies with the requirements and
standards set forth in the applicable provisions of the Zoning Ordinance, and
the Special Use of the real estate, as and for the establishment of a self - storage facility, be and the
same is hereby authorized and approved subject to the conditions hereinafter set forth.
SECTION That the approval and authorization of the Special Use hereby granted is
TWO: subject to the following conditions: that all use, construction and development
of the Subject Property shall be in accordance with the evidence and testimony
presented by the Applicant to the Plan Commission and President and; Board of Trustees, including,
JKS 255729 Q December 16, 1999
ORDINANCE NO. 0-00 03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -2B
OUTLYING LIMITED INDUSTRIAL DISTRICT
but not limited to, the Final Plan attached hereto and made a part hereof as Exhibit B, all other
documentary and exhibit filings made pursuant to the Special Use provisions of the Zoning
Ordinance, and the terms of this Ordinance.
SECTION That in connection with the approval of the Special Use, the Applicant be
THREE: granted the following variations from the provisions of the Zoning Ordinance:
(i) a lot size of 2.26 acres is permitted in lieu of the required 5 acres; (ii)
vehicle parking is permitted in the required perimeter set back; and (iii) the north wall sign is
permitted to be 50 square feet in lieu of the 11.55 square feet permitted.
SECTION That any violation of any of the conditions hereinabove set forth shall
FOUR: authorize the Special Use hereby authorized to be revoked forthwith.
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 Cook County, Illinois at Applicant'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 and upon receipt from Applicant
of evidence satisfactory to the Village that Safeguard Self Storage, LLC has
completed the acquisition of the Subject Property. In the event the Village does not receive such
evidence within one year from the date hereof, the Special Use permit granted hereby shall lapse and
be of no further legal force and effect.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None :(0)
ABSENT: None (0)
PASSED: This 3rd day of January , A D 2000.
APPROVED: This 3rd day of January , A.D. 2000-
ATTEST: VILLAGE PRESIDENT
I
I
VI AGE CLERK
JKS 255729 Q December 16, 1999
4.
I
DEVELOPMENT AGREEMENT BETWEEN
THE VILLAGE OF DEERFIELD AND SAFEGUARD SELF- STORAGE, LLC.
THIS DEVELOPMENT AGREEMENT is executed by.and between the Village of
Deerfield, an Illinois Municipal Corporation (Village), and Safeguard Self- Storage,
L.L.C., an Illinois limited liability company (Developer), as of this 3rd day of
Recitals
WHEREAS, there is an improved parcel of land having'a commonly known street
address of 125 S. Pfingsten, Deerfield, Illinois, which encompasses an area of
approximated 2.265 acres and which is legally described on "Exhibit A" attached hereto
and made a part thereof ( "Property "); and:
WHEREAS, fee title in and to the Properly is vested in a land trust identified as
Cole Taylor Bank, as Successor Trustee to Harris Trust and Savings Bank under trust
Agreement dated November 24, 1965 and known as Trust No. 32133 and the
Developer is the contract purchaser of said Property; and
WHEREAS, pursuant to the terms of the Village Zoning Ordinance, the Developer
has submitted to the Village an application for certain approvals including:
i) Authorization of a Special Use Permit and approval of an industrial planned unit
development for a self storage warehouse facility to be located on the Property; and ii)
approval of exceptions to the Deerfield Development Code; and
WHEREAS, due and proper notice having been given, the Village Plan
Commission conducted a public hearing relative to the subject matter of the Developer's
application: and
WHEREAS, the President and Board of Trustees, having reviewed the report and
recommendation of the Plan Commission, granted the Developer's request for
Preliminary Plan Approval on October 18,1999; and
WHEREAS, the Developer has submitted plans, schedules, specifications and
other documents comprising its Final Development Plan as that term is defined in the
Village Zoning Ordinance, to the Plan Commission which has issued its
recommendation for approval, and
WHEREAS the President and Board of Trustees have reviewed the Final
Development Plan and have adopted or, contemporaneously with the adoption of this
Agreement, will adopt all necessary ordinances, pass all necessary motions, and
otherwise grant all necessary approvals:
Authorizing the Special Use Permit for the Property, and
Approving the Developer's final Development Plan; and
Deerfield /SafeGuard Development Agreement Page 1 of 7
iii. Granting certain exceptions from the Deerfield Development Code (a copy of the
authorizing ordinance and all other documents evidencing approved are
collectively attached hereto as Exhibit °B "; and
WHEREAS, the Director of Community Development, the Village Engineer and
the Village Plan Commission have reviewed this Agreement: and
i
WHEREAS, the Village previously adopted the Deerfield Development Code
which requires that the Village and developer enter into a development agreement
relative to certain types of development of properties located within the Village such as
the development proposed by the Developer for the Property; and
WHEREAS, the Parties now desire to enter into this Development Agreement,
pursuant to the applicable provisions of the Development Code, for the purposes set
forth in the Development Code.
NOW, THEREFORE, in consideration of the mutual covenants herein contained
and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
AGREEMENTS
1. Incorporation of Recitals. The recitals set forth
fully set forth.
i
above are incorporated herein as if
2. Final Development/improvement Plan.
A. For purposes of this Agreement, the Final Development Plan shall consist of
the document, submitted by the Developer'r as identified in; and, .approved by the
President and Board of Trustees pursuant to Ordinance # '0 -00 -03 -For identification
purposes, a schedule of the documents comprising the Final Development Plan is
attached hereto and made a part hereof as "Exhibit C.
B. In accordance with Section 3 -101 -B of the Deerfield Development Code, the
Developer has provided to the Village Engineer and the Director of Community
Development copies of its Final Improvement Plan as part , of its Final Development
Plan. The term Final Improvement Plan shall mean only those documents and /or plans,
or those specific parts of document and /or plans, listed as! "Exhibit C ", that depicts,
describes or illustrates the public and private improvements. The Village Engineer and
the Director of Community Development have reviewed said Final Improvement Plan
and they have provided to the Plan Commission and President and Board of Trustees a
letter indicating their recommendations regarding the Final Improvement Plan. The
Village Engineer has also provided the President and Board of Trustees with a letter
indicating receipt and approval of all of the appropriate final engineering plans. Said
final engineering plans, a list of which is provided as "Exhibit
Deerfield /SafeGuard Development Agreement Page 2 of 7
3. Site Development Schedule. In accordance with Section 3 -102 -B (4)(a) of the
Deerfield Development Code, the development of the Property will proceed substantially
in accordance with the development schedule attached thereto and made a part hereof
as "Exhibit C ". The parties recognize and acknowledge that the development schedule
is subject to variables such as weather, strikes, work stoppages, acts of God and other
matters outside of the reasonable control of the Developer, its contractors and
subcontractors.
4. Development/Improvement Details. Pursuant to Section 3 -102 -B (4)(b) of the
Development Code, all proposed improvements are depicted and detailed on the Final
Improvement Plan.
5. Timing of Land Use Approval. Because the Developer has a contract to purchase
the Property and the Owner does not want its Property zoned unless Developer closes
on the Property, the Village agrees that the Ordinance granting Final Development Plan
Approval shall not be effective until proof of closing is tendered to the Village. Developer
shall submit the required Letter of Credit along with proof of closing to the Village.
Developer shall also provide to Village proof of recording. The! Village agrees, that upon
request, it shall deposit in Developer's escrow a copy of the ?Ordinance granting Final
Development Plan Approval and /or a letter directed to Developer's financial institution.
The Ordinance shall contain a provision that the effective date is upon proof of closing
on the Property by Purchaser. If Developer does not close within one (1) year after date
of granting of Ordinance, the Ordinance shall become void.' The letter, if requested,
shall set forth the fact that the Village has adopted an ordinance approving the Final
Development Plan Approval with an effective date of proof of closing on the property by
Developer.
6. Approval. Pursuant to the terms of Section 4 -102 of the Deerfield Development
Code, the Village hereby acknowledges the schedule of improvements set forth on the
attached "Exhibit C ". When the Village has issued to the Developer all building permits
necessary to construct the improvement, the Developer shall cause the commencement
of the construction of the improvements, pursuant to Village Codes.
7. Approval Conditions, Requirement and Exceptions. The Village hereby agrees
that the developer shall be obligated to comply with Section 4 -103 of the Deerfield
Development Code. Pursuant to Section 3 -102 -B (4)(d) of the Development Code, all
conditions, requirements and variations requested for the Final Improvement Plans are
hereby or have been previously granted, approved or agreed to by the Village, as
contemplated by the Planned Unit Development and Final Development Plan. Relative
thereto, please note the following:
8. Performance Guaranty. The Village has informed the Developer that the
ordinances of the Village require that a developer who is to construct certain
improvements shall submit a performance guaranty or other acceptable assurances that
Deerfield /SafeGuard Development Agreement j Page 3 of 7
the improvements shall be constructed in accordance with the ,Village ordinances. The
Village will agree to accept a letter of credit in form and content as that Letter of Credit,
substantially in the form attached as Exhibit "F" The Letter of Credit shall be renewable
and shall remain in place until the improvements are completed in accordance with the
Improvement Plan. The Letter of Credit is intended to encompass the "estimated cost"
of construction of the following improvements:
i) detention pond;
ii) landscaping;
iii) grading
iv) erosion and sediment controls; and
v) utility facilities located outside of the proposed building, which will include
the following: storm sewer, potable water and sanitary sewer
For purposes of this paragraph "estimated cost" shall be calculated as 125% of the
above improvements as approved by the Village Engineer. Ak of the costs of
improvements described in this Paragraph 8, which shall be reviewed and approved by
the Village, are referred to herein as the "Guaranteed Improvements ".
9. Compliance with Other Rules and Regulations. Except as specifically provided
herein, the development of the Property shall proceed in accordance with the
ordinances described hereinabove and with applicable provisions of the Deerfield
Municipal Code.
10. Remedies. Upon the occurrence of a breach of this Agreement, any party in a court
of competent jurisdiction may obtain all appropriate relief, including, but not limited to,
specific performance, injunction or damages. Notwithstanding'i the foregoing, before the
failure of any party to perform its obligation under this Agreement may be considered a
breach, the party claiming such failure shall notify, in writing, .!the party alleged to have
failed to perform, and shall demand performance. No breach may be found to have
occurred if performance has commenced to the reasonable satisfaction of the
complaining party within ten (10) business days of receipt of such notice and if the
failing party pursues diligently the curing of such failure.
11. Estoppel Certificate. Developer. Its' successors and assigns may request and
obtain from the Village a letter of certificate, stating; (i) whether this agreement and the
ordinances and resolutions referred to herein are in full force and effect; ii) that the
Developer is not in default of its obligations under this Agreement and such Ordinance,
or, if Developer is in default, the nature and extent of such default; and, iii) the nature
and extent of any amendment or modification to this Agreement or such Ordinance.
12. Notices. All notices, elections and other communications between the parties
hereto shall be in writing and shall be mailed by certified mail, return receipt requested,
postage prepaid or delivered personally to the parties at the following address, or to
such other address as the parties by notice shall designate:
Deerfield /SafeGuard Development Agreement Page 4 of 7
If to the Village: Village of Deerfield
Attention Robert Franz, Village Manager
850 Waukegan Road
Deerfield, IL 60015
with a copy to: - James Stucko
Pedersen and Houpt
161 N. Clark, Suite 3100
Chicago, IL 60601
If to the Developer: Fred Huebner
Safeguard Self Storage, LLC
540 Frontage Road, Suite 1005
Northfield, IL 60093
with a copy to: Robert C. Kenny
Schain, Burney, Ross & Citron, Ltd
222 N. LaSalle Street, Suite 1910
Chicago, IL 60601
13. Successors and Assigns. The terms and provisions of this Agreement shall be
binding upon and shall inure to the benefit of the parties and their respective successors
and assigns.
14. Authority. Each party hereto represents and warrants to the other party that each
has the requisite power and authority to enter into this Agreement and to perform its
obligations hereunder.
15. Miscellaneous.
(a) Captions. The captions herein are inserted for the convenience of the parties
and are not to be construed as an integral part of the Agreement.
(b) Governing Law. This Agreement shall be governed by and construed in
accordance with Illinois Law.
(c) Severability. If any provision, covenant, agreement or portion of this
Agreement is held invalid, such invalidity shall not effect the application or validity of
such other provisions, covenants, or portions of this Agreement.
(d) Entire Agreement. This agreement supersedes any prior agreement,
negotiation and exhibits and is a full integration of the entire Agreement of the parties.
The Exhibits to this Agreement are expressly incorporated herein.
(e) Counterparts and Duplicate Original. This Agreement may be executed in
any number of counterparts and duplicate originals, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument.
Deerfield /SafeGuard Development Agreement Page 5 of 7
IN WITNESS WHEREOF, the parties have executed this Development Agreement as of
the day and year first above written.
VILLAGE OF DEERFIELD, an Illinois municipal corporation
y: Bernard Forrest, Village President
ATTEST:
By: illage Clerk
SAFEGUARD SELF - STORAGE. LLC:
By:
Deerfield /SafeGuard Development Agreement Page 6 of 7
Exhibit F
Sample
Irrevocable Stand -by Letter of Credit No.
BENEFICIARY: APPLICANT: : SafeGuard Self Storage, LLC
Village of Deerfield DATED:
850 Waukegan Road
Deerfield, Illinois 60015 AMOUNT:
PROPERTY: EXPIRY:
125 S. Pfingsten
Deerfield, Illinois
Bank has established its Irrevocable straight commercial (i.e.: "Stand -by ")
Letter of Credit No. establishing funds reserved for the account of Village of Deerfield,
Illinois in the amount of U.S. DOLLARS ($ i ). The purpose of
this Letter of Credit is to guaranty the prompt and satisfactory completion of certain Guaranteed
Improvements as required per Section 4 -102 of the Deerfield Development Code for the project known as
StorageCenter.
If all work in connection with the installation and completion of certain Guaranteed Improvements as
required per Section 4 -102 of the Deerfield Development Code for the StorageCenter project upon the
property is not promptly and satisfactorily completed by the Applicant as required by ordinances of the
Village of Deerfield (the "Village "), the Village may present this Letter of Credit to the Bank for negotiation
and hold the cash proceeds until the Guaranteed Improvements are completed to the satisfaction of the
Building Officials of the Village or may apply the cash proceeds to the completion of the Guaranteed
Improvements.
This Letter of Credit may be negotiated by presentation to the Bank of one or more drafts, along with a
statement accompanying each such draft signed by an authorized Village official stating that the
Guaranteed Improvements to the property have not been satisfactorily completed. Each draft so drawn
must be marked "Drawn under Bank Letter of Credit No. dated "
This Letter of Credit shall remain in full force and effect for the above purposes for the period not to
exceed twelve (12) months from the date hereof, provided that the undersigned Bank shall, within thirty
(30) days prior to the expiration date hereof, notify by registered mail, the Village Manager of the Village
of Deerfield, Illinois of such expiration date. Upon the expiration of this Letter of Credit as set forth
hereinabove, the rights of persons draw on undisbursed funds remaining in this Letter of Credit shall
cease and terminate, and the Bank shall return any undisbursed funds to the depositor thereof.
This Letter of Credit shall be governed by the Uniform Commercial Code in force in Illinois on the date of
its issuance, and is further subject to the Uniform Customs and Practice for', Documentary Credits,
International Chamber of Commerce Publication 500 (1993 revision).
Bank: Attest:
Deerfield /SafeGuard Development Agreement Page 7 of 7
STATE OF ILLINOIS ) e
COUNTIES OF LAKE AND COOK ) SS
VILLAGE OF DEERFIELD
tai
nl a d
4006/0145 49 001 Pang i
2000 -05 -2'.-4 �^
Cook County Recorder ?;
III II III I
III
�� 00373005
00• C3 0
3
00373005
O n
CJ K°
4005/0145 49 001 P ?-,^ '
2000-05-23 T!1
Cook County Record —
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. 0-00 -03 entitled "An Ordinance Approving a Special Use in 1 -213 Outlying Limited
Industrial District"
as appears in die records and files of the office of the Village Clerk. 01337:3005
4006/0145 49 001 Page 1 of 11
Dated this January 5. 2000 2 000 -05 -23 14=48.--
Cook County Recorder 41.00
SEAL
RO�AkT
Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
1
003'3005
ORDINANCE NO. 0-00- 03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -213
OUTLYING LIMITED INDUSTRIAL DISTRICT
Published in pamphlet form this
3rd day of January , 2000
by the President and Board of
Trustees of Deerfield
JKS 255729 v2 December 16, 1999
��
003'3005
ORDINANCE NO. 0-- oa 03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -213
OUTLYING LIMITED INDUSTRIAL DISTRICT
WHEREAS, the Plan Commission of the Village of Deerfield has heretofore held a public
hearing on the application of Cole Taylor Bank, as successor Trustee to Harris Trust and Savings
Bank under Trust Agreement dated November 24, 1965 and known as Trust No. 32133 and
Safeguard Self Storage, LLC, a Delaware limited liability company (collectively, the "Applicant ")
to authorize the development and use of the property legally described on Exhibit A attached hereto
(the "Subject Property") as a Special Use to permit the establishment of a self - storage facility in
accordance with Articles 6.03 -C,13 and 13.11 of the Zoning Ordinance of the Village of Deerfield
(the "Zoning Ordinance "); 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 after considering the evidence
adduced by Applicant, including a Site Plan, Landscaping Plan and Building Elevations
(collectively, the "Final Plan") prepared by Kirk + Partners, Inc. dated November 11 and December
6, 1999 each of which are attached hereto and made a part hereof as Exhibit B, made written findings
of fact and recommended that said Special Use of said real estate for a self - storage facility subject
to certain conditions and restrictions hereinafter set forth be approved; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined
that the best interests of the Village of Deerfield will be served by the authorization and granting of
said Special Use in accordance with the evidence and testimony presented by Applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION That the President and Board of Trustees do hereby affirmatively find that the
ONE: Special Use, as hereby authorized, fully complies with the requirements and
standards set forth in the applicable provisions of the Zoning Ordinance, and
the Special Use of the real estate, as and for the establishment of a self-storage facility, be and the
same is hereby authorized and approved subject to the conditions hereinafter set forth.
SECTION That the approval and authorization of the Special Use hereby granted is
TWO: subject to the following conditions: that all use, construction and development
of the Subject Property shall be in accordance with the evidence and testimony
presented by the Applicant to the Plan Commission and President and Board of Trustees, including,
JKS 255729 v2 December 16, 1999
i
Box 110
ORDINANCE NO. 0 -00 -03
003'3005
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -2B
OUTLYING LIMITED INDUSTRIAL DISTRICT
but not limited to, the Final Plan attached hereto and made a part hereof as Exhibit B, all other
documentary and exhibit filings made pursuant to the Special Use provisions of the Zoning
Ordinance, and the terms of this Ordinance.
SECTION That in connection with the approval of the Special Use, the Applicant be
THREE: granted the following variations from the provisions of the Zoning Ordinance:
(i) a lot size of 2.26 acres is permitted in lieu of the required 5 acres; (ii)
vehicle parking is permitted in the required perimeter set back; and (iii) the north wall sign is
permitted to be 50 square feet in lieu of the 11.55 square feet permitted.
SECTION That any violation of any of the conditions hereinabove set forth shall
FOUR: authorize the Special Use hereby authorized to be revoked forthwith.
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 Cook County, Illinois at Applicant'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 and upon receipt from Applicant
of evidence satisfactory to the Village that Safeguard Self Storage, LLC has
completed the acquisition of the Subject Property. In the event the Village does not receive such
evidence within one year from the date hereof, the Special Use permit granted hereby shall lapse and
be of no'further legal force and effect.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None (0)
ABSENT: None (0)
PASSED: This 3rd day of January , A.D. 2000. i
APPROVED: This 3rd day of January , A.D. 2000.
ATTEST: VILLAGE PRESIDENTi
JKS 255729 Q December 16, 1999
003'73005
EXTUBIT A
That part of the Northwest Quarter of Section 4, Township 42 North, Range 12, East of
the 3rd Principal Meridian, in Cook County, Illinois described as follows:
Beginning at a point on the North line of the Illinois Toll Road, being 250.20 feet North of
the South line of the Northwest quarter of said Section 4, thence East on said line a
distance of 377.57 feet for a point of commencement; thence North on a line (hereinafter
referred to as "Line A ") drawn to a point 371.22 feet East of the Northwest corner of said
Section 4 as measured on the North line of said Section 4 a distance of 373.65 feet for a
point of beginning of tract (sometimes referred to as the Killian Tract) described as
follows: thence East parallel with the North line of said Illinois Toll Road a distance of
476.78 feet to the center line of Union Drainage District Ditch; thence Northwesterly
along said center line a distance of 630.20 feet to a point on a line aforesaid; thence South
along Line A a distance of 413.88 feet to the point of beginning of the Killian Tract.
Parcel contains 2.265 Acres.
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PROPOSED 3 STORY /
BUILDING i
�(i26,156 S.FJFLOOR)
b 2'18,558 S.F. TOTAL i
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QMNTION
51DE/REAR YARD
SITE FLAN
AREA STATISTICS
GR055 LAN—Z) AREA
tab 662 5 r
TOTAL BUILDING AR-,
_T8�58 5F
TOTAL PARKING SPACE
IQ PARKING SPAC ES
GREEN AREA (W/ DETENTION PONv;
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LEGAL DESCRIPTION
Thot port of the Northwest oporter of the Northwest ctuorter of Section 4. Township 42
North, Roncje 12. Eost of the 3rd Prinicipol Meridion, in Gook County. Illinois dc5cribed as
follows.
Beginning of o point on the North line of the Illinois Toll Rood, being 250.20 feet North
of the South line of the Northwest quarter of soid Section 4; thence Eost On sold line o
distonce of 3 -11.51 feet for o point of commencement; thence North on o line
(hereinofter referred to os 'Line A ") drawn to o point 3'11.22 Feet Eost of the
Northwest corner of sold Section 4 Os meosured on the North line of soid Section 4 o
distonce of 313.65 feet for o point of beginning of troct (sometimes referred to os the
w.*es
• Killion Troct) described os follows: thence Eost porollel with the North line of sold
Illinois Toll Rood. A distonce of 4161b feet to the center line of Union Droinoge
�� District Ditch; thence Northwesterly along sold center line o distonce of 630,20 feet to
\o point Ono line OFOresoid; thence South olong line A. A distonce of 413 bb Feet to the
pt of beginning Of the Killion Trock. Porcel contoins 2.265 Acres
\\ BUILDING _DESCRIPTION
\ \ \ BUILDING -
\ CLA551FICATION: U5E GROUP 5 -1
\ 3 (STORAGE)
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NORTH GRAPHIC SCALE:
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ORDINANCE NO. 0-0(.1 -03
AN ORDINANCE APPROVING A SPECIAL USE IN 1 -2B
OUTLYING LIMITED INDUSTRIAL DISTRICT
but not limited to, the Final Plan attached hereto and made a part hereof as Exhibit B, all other
documentary and exhibit filings made pursuant to the Special Use provisions of the Zoning
Ordinance, and the terms of this Ordinance.
SECTION That in connection with the approval of the Special Use, the Applicant be
THREE: granted the following variations from the provisions of the Zoning Ordinance:
(i) a lot size of 2.26 acres is permitted in lieu of the required 5 acres; (ii)
vehicle parking is permitted in the required perimeter set back; and (iii) the north wall sign is
permitted to be 50 square feet in lieu of the 11.55 square feet permitted.
SECTION That any violation of any of the conditions hereinabove set forth shall
FOUR: authorize the Special Use hereby authorized to be revoked forthwith.
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 Cook County, Illinois at Applicant'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 and upon receipt from Applicant
of evidence satisfactory to the Village that Safeguard Self Storage, LLC has
completed the acquisition of the Subject Property. In the event the Village does not receive such
evidence within one year from the date. hereof, the Special Use permit granted hereby shall lapse and
be of noTurther legal force and effect.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None (0)
ABSENT: None (0)
PASSED: This 3rd' day of January , A.D. 2000.
APPROVED: This 3rd day of January , A.D. 2000.
ATTEST:
Vl]kAGE CLERK
JIBS 255729 Q December 16, 1999
VILLAGE PRESIDENT
Y
3. Site Development Schedule. In accordance with Section 3 -102 -B (4)(a) of the
Deerfield Development Code, the development of the Property will proceed substantially
in accordance with the development schedule attached thereto and made a part hereof
as "Exhibit C ". The parties recognize and acknowledge that the development schedule
is subject to variables such as weather, strikes, work stoppages, acts of God and other
matters outside of the reasonable control of the Developer, its contractors and
subcontractors.
4. Development/improvement Details. Pursuant to Section 3 -102 -B (4)(b) of the
Development Code, all proposed improvements are depicted and detailed on the Final
Improvement Plan.
5. Timing of Land Use Approval. Because the Developer has a contract to purchase
the Property and the Owner does not want its Property zoned unless Developer closes
on the Property, the Village agrees that the Ordinance granting Final Development Plan
Approval shall not be effective until proof of closing is tendered to the Village. Developer
shall submit the required Letter of Credit along with proof of closing to the Village.
Developer shall also provide to Village proof of recording. The Village agrees, that upon
request, it shall deposit in Developer's escrow a copy of the' Ordinance granting Final
Development Plan Approval and /or a letter directed to Developer's financial institution.
The Ordinance shall contain a provision that the effective date is upon proof of closing
on the Property by Purchaser. If Developer does not close within one (1) year after date
of granting of Ordinance, the Ordinance shall become void. The letter, if requested,
shall set forth the fact that the Village has adopted an ordinance approving the Final
Development Plan Approval with an effective date of proof of. closing on the property by
Developer.
6. Approval. Pursuant to the terms of Section 4 -102 of the Deerfield Development
Code, the Village hereby acknowledges the schedule of improvements set forth on the
attached "Exhibit C ". When the Village has issued to the Developer all building permits
necessary to construct the improvement, the Developer shall cause the commencement
of the construction of the improvements, pursuant to Village Codes.
7. Approval Conditions, Requirement and Exceptions. The Village hereby agrees
that the developer shall be obligated to comply with Section 4 -103 of the Deerfield
Development Code. Pursuant to Section 3 -102 -B (4)(d) of the Development Code, all
conditions, requirements and variations requested for the Final Improvement Plans are
hereby or have been previously granted, approved or agreed to by the Village, as
contemplated by the Planned Unit Development and Final Development Plan. Relative
thereto, please note the following:
8. Performance Guaranty. The Village has informed the Developer that the
ordinances of the Village require that a developer who is to construct certain
improvements shall submit a performance guaranty or other acceptable assurances that
Deerfield /SafeGuard Development Agreement Page 3 of 7
SCEIFF HARDIN & WAITE
A Partnership Including Professional Corporations
6600 Sears Tower, Chicago, Illinois 60606 -6473 • (312) 258 -5500
Facsimile (312) 258 -5600
ATTORNEY NO.: 0981
CLIENT/MATTER NO.: 19437.0003
DATE: January 11, 2000
FACSIMILE 'TRANSMITTAL SHEET
TO THE FOLLOWING:
NAME: MT. Fred Huebner
COMPANY: Safeguard Self Storage. LLC _
FACSIMILE NO,: 847 - 784.9478 COMPANY NO.: 847- 784 -9473
FROM: Susan C. -Kim DIRECT DIAL NO.: (312) 258 -5587
Transmission consists of cover sheet plus _ page(s).
If there are any problems with this transmission, ploaso call (312) 258 -4677.
COMMENTS:
i
CHI D0CS2:CS21313409A 01.11.00 11.49
IS NOT THB INTENDED RECIPIENT. OR THE EMPLOYEE OR
NOTIFIED THAT READING, DISSEMINATING, DISTRIBUTING
THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY b
ADDRESS VIA THE U.S. POSTAL SERVICE, THANK YOU.
THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN
FROM DISCLOSURE UNDER APPLICABLE LAW.
IF THE READ�EROP THIS MESSAGE
RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY
YING THIS COMMUNICATION IS STRICPLYPROHIBITED. IF YOU HAVE RECEIVED
16 BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE
(For lnlarnol Use Only:) PLEASE RETURN TINS DOCUMENT TO: Transmittal Problems:
Time
Name: Susan lCim o Constant Busy
SENT OUT: b Constant Ringing
Date: Time: A.M./P.M. o Bad Line
By: 0 Equipment Problem
1/07
1 'd X996 'ON dd,IVAINIGUH 99IHOS WV85:11 OOOZ 'I I 'Uef
CLOSING STATEMENT
SELLER: Cole Taylor Bank, as successor trustee to Harris Trust and
Savings Bank, under Trust Agreement dated November 24, 1965
and known as Trust No. 32133
and
The Bernice Nordenberg Children's Trust, dated May 28, 1958,
and Mark Ferdinand, Co- Beneficiaries of Trust No. 32133
PURCHASER: Safeguard Self Storage, LLC
PROPERTY: 125 S. Pfingsten Road, Deerfield, Illinois
CLOSING DATE: January 11, 2000
Z 'd M6 'ON 311VMINIGUH UIDS WS: I I OOOZ '1I 'U If
SEU
Purchase Price
$750,000.00
Eamest Money
45,000.00
Per Diem fee, pursuant to Paragraph R -8 of Contract
5,610.00
($165 per day from Dec. 7, I999 to Jan. 10, 2000)
1999 and 2000 Real Estate Taxes (using 1998 tax figures)
($41,490.71 + 365 x 376), subject to reproration
42,627.43
1999 and 2000 Union Drainage District No. One
Assessments (using 1998 figures)
($120.00 * 365 x 376)
123.62
Cash to Balance
667,858.95
TOTAL
$750,000.00
$750,000.00
,yil `+e�' ., a'r b"N r:i r , • •'i'; y'' .:
,
�'(. •.1 �' ? Y' -SAY '.�� �t '•F{:
Cash to Balance
$667,858.95
$667,858.95
Earnest Money (from Strict Joint Order Escrow)
+45,000.00
Title Insurance
1,195.00
Extended Coverage
+ 75.00
150.00
Access Endorsement
100.00
Survey Endorsement
+ 250.00
3.1 Zoning Endorsement
+ 500,00
Escrow Fee ('/2 each)
[+ 325.00]
[- }25.00]
New York Style Closing Fee (%3 each)
[+ 100.001
(- 100.001
Recording Fee (for deed)
[+ 30.00]
Survey Invoice - Northam Illinois Survey, Inc.
($1000 credited to Purchaser)
+1,110.00
1,000.00
Broker's Commission
-45,000.00
State of Illinois Transfer Tax
- 750.00
Cook County Transfer Tax
- 375.00
Cole Taylor - Trust Fee
50.00
NET CASH DUE FROM PURCHASER
o,
NET PROCEEDS DUE SELLER
[� 4$66i3�i3 9g)
,
Z 'd M6 'ON 311VMINIGUH UIDS WS: I I OOOZ '1I 'U If
ACCEPTED:
SELLER:
COLE TAYLOR BANK, as successor trustee
to Harris Trust and Savings Bank, under
Trust Agreement dated November 24,1965
and known as Trust No. 32133
and
THE BERNICE NORDENBERG CHILDREN'S
TRUST, dated May 28,1958, and MARK FERDINAND,
Co- Beneficiaries of Trust No. 32133
By:
CHLDOCS2.C82=543.+ 01.10.00 11.33
£ 'd M6 'ON
PURCHASER:
SAFEGUARD SELF STORAGE, LLC
I
31 MINIGM JAMS: WV85 :11 000VIl 'Ulf
CHICAGO TITLE AND TRUST COMPANY
171 NORTH CLARK
CHICAGO, IL 60601
ESCROW TRUST DISBURSEMENT STATEMENT
DISBURSEMENT DATE: January 11, 2000 REFER TO: CHRYSTYNA CAMERON
PHONE. (312)223 -2710
FAX: (312)223 -2108
ESCROW TRUST NO. D2099091586 -001
PARTIES:
LEWIS R. SHAPIRO, ESQ. 'TITLE ORDER N0, 01401- 007836687
SUSAN C. KIM, ESQ.
RECEIPTS:
-----------------
01/11/00 PURCHASER'S FUNDS
03)
671,360.00
01/11/00 ESCROW TRANS FR :1401- 099064370 -001 1401
- -PYT. PER JOINT DIRECTION, EM
1,000.00
45,000.00
$
716,350.00
DISBURSEMENTS.
04)
COLE TAYLOR SANK
01) PRORATIONS /CRUDITS - Seller
TAX PRORATION_ (1_)_.... ---- --- -
- - -_ 42, 627.43 -
. - __ _ _ -- --- - -
PER DIEM FEE -
if, 610.00
].999 & 2000 UXION DRA±RQ 4E DISTRICT _._____ _._.._.- _- _
123.62-
WERIAL REALTY COMPANY
-------------------
'OT - -, -- NATIONS _--- •-__ -_ -- ----- w_.__.�_._._.
37,141 .05-
—_
PURCHASE PRICE
750,000.00
_
---------------
ADJUSTED PURCHASE PRICE-
- - --
$713,858.95
$712,858.95
02) CHICAGO TITLE AND TRUST COMPANY - Seller's Charges
COLE TAYLOR BANK, T /U /T #32133
Re: Title Order No. 01401- 007836687
NET PROCEEDS TO SELLER
ESCROW FEE
325.00
NY CLOSING FEE
100.00
TITLE INSURANCE
1,445.00
TRANSFER TAX
750.00
COUNTY TAX
375.00
CCC 01/1-17u.
t 'd X996 'Old o0oz '11 'Uef
-----------------
$2,995.00
03)
NORTHERN ILLINOIS SURVEY INC.
PYT. AS DIR., SURVEY INVOICE
1,000.00
$1,000.00
04)
COLE TAYLOR SANK
PYT. AS DIR., TRUST FEES
50.00
$50.00
05)
WERIAL REALTY COMPANY
PYT. AS DIR., BROKER'S COMMISSION
45,000.00
$45.000.00
06)
COLE TAYLOR BANK, T /U /T #32133
NET PROCEEDS TO SELLER
$663,813.95
CCC 01/1-17u.
t 'd X996 'Old o0oz '11 'Uef
07) PRORATIONS /CREDITS - Buyer
TAX PRORATION(1)
1999 & 2000 UNION DRAINAGE DISTRICT
PER DIEM FEE
TOTAL PRORATIONS
PURCHASE PRICE
ADJUSTED PURCHASE PRICE
08) CHICAGO TITLE AND TRUST COMPANY - Buyer "s Charges
Re: Title Order No. 01401 - 007836687
ESCROW FEE
NY CLOSING FEE
TITLE INSURANCE
OTHER RECORDINGS
09) NORTHERN ILLINOIS SURVEY INC.
PYT, AS DIR., SURVEY INVOICE
10) SAFEGUARD SELF STORAGE, LLC
TOTAL DISBURSEMENT AMOUNT
TOTAL BUYER RECEIPTS
OVERDEPOSIT TO BUYER
ESCROW TRUST NO. D2099091586 -001
PAGE NO. 2
42,627.43
123.62
5,610.00-
- -
37,141.05
750,000.00
------- - - - - -%
$712,858.95 $712,858.95
DISBURSEMENTS APPROVED:
a
10 ,.
TH
DATE FOR CHICAGO TITLE AND TRUST
CCC. 01 /11 /00
5 'd 1996 'ON
10:36
325.00
100.00
825,00
31.00
$1,281.00 $1,281.00
1,110.00
311VAINIGM OHM"
$1,110.00
$71-5,249.95
$716,350.00
-------------------
$1;100.05
BUYER
PH :II OOOZ 'I I 'Uef -