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O-11-16VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -16 AN ORDINANCE EXTENDING THE SPECIAL USE AUTHORIZED BY ORDINANCE 0 -10 -06 FOR A WONDER CHILDREN'S RETAIL STORE WHEREAS, the corporate authorities of the Village of Deerfield enacted Ordinance No. 0- 10 -06 on April 5, 2010 authorizing a Special Use for the establishment and operation of a Wonder Children's Retail Store in Deerbrook Mall as an amendment to the Deerbrook Mall Special Use Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, pursuant to Article 13.11 -F, paragraph 4, of the Zoning Ordinance of the Village of Deerfield, a Special Use becomes null and void if not established or actively pursued within one year of the date of approval; and, WHEREAS, Wonder, LLC has requested that the Village acknowledge that Wonder LLC has actively pursued the establishment of the Special Use authorized by Ordinance 0 -10 -06 and that the Special Use shall continue to be valid if Wonder LLC actively pursues and establishes such Special Use not later than April 5, 2012; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that Wonder, LLC has actively pursued the establishment of the Special Use authorized by Ordinance 0 -10 -06 and has satisfied the requirements of Article 13.11 -F, paragraph 4, of the Zoning Ordinance of the Village of Deerfield; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: ����- ,2�„�- ate,., �n�� '- 0 SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the Special Use authorized by Ordinance No. 0 -10 -06 shall continue to be valid provided it is actively pursued and established on or before April 5, 2012. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 20th day of April , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th day of April , 2011. ATTEST: TIMM , %2 C� Village President -2- AMENDMENT TO ECONOMIC INCENTIVE AGREEMENT THIS AMENDMENT is made and entered into this 20th day of April , 2011 (the "Amendment ") by and between the Village of Deerfield, an Illinois municipal corporation (the "Village "), and Wonder, LLC, an Illinois limited liability corporation ( "Wonder "). RECITALS WHEREAS, the Village and Wonder entered into an Economic Incentive Agreement dated April 5, 2010 (the "Agreement "); and, WHEREAS, Wonder agreed and covenanted in the Agreement to locate, renovate, fit, fixture and operate a warehouse style children's retail store containing approximately one hundred thousand (100,000) square feet of retail space and approximately thirty -five thousand (35,000) square feet of storage and corporate office space in substantial conformance to the Special Use described in and authorized by Village of Deerfield Ordinance No. 0 -10 -06 on or before June 1, 2011 (the "Wonder Store "); and, WHEREAS, the parties wish to extend the date by which Wonder agrees and covenants to open the Wonder Store to December 1, 2011; NOW, THEREFORE, it is hereby agreed by and between the Village and Wonder as follows: SECTION 1: Incorporation of Recitals. The above and foregoing recitals, being material to this Amendment, are hereby incorporated and made a part hereof as if fully set forth herein. SECTION 2: Amendment to Section 3.13 of the Agreement. That the store opening covenant contained in Section 3.13 of the Agreement is hereby amended to read as follows: B. Wonder shall locate, renovate, fit, fixture and operate a warehouse style children's retail store (Wonder Store) containing approximately one hundred thousand (100,000) square feet of retail space and approximately thirty -five thousand (35,000) square feet of storage and corporate office space within the TGI Store space in substantial conformance to the Special Use described in and authorized by Village of Deerfield Ordinance No. 0- 10-06 on or before December 1, 2011. SECTION 3: Confirmation of Agreement. Except as hereby amended, the Agreement remains in full force and effect. SECTION 4: Execution by Authorized Agents. The parties hereto represent and warrant that this Amendment has been lawfully executed by their duly authorized representatives. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the date and year first written above. ACCEPTED BY: VILLAGE OF DEERFIELD, an Illinois municipal corporation By: Harriet Rosenthal, Mayor ATTEST: - �allk Kent S. treet, Villa e Cleric -2- WONDER, LLC, an Illinois limited liability corporation By: _ Name: Title: ATTEST: Name: Title: i VILLAGE OF DEERFIELD STATE OF ILLINOIS ) COUNTIES OF LAKE AND COOK ) SS VILLAGE OF DEERFIELD ) Iiillllllliilllll! it I II 1 II I I I Illilllllllllllll Doc #: 1206741097 Fee: $42.00 Eugene "Gene" Moore Cook County Recorder of Deeds Date: 03/07/2012 10:25 AM Pg: 1 of 3 The undersigned hereby certifies that he is the duly appointed Deputy Village Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois, and that the attached is a true and accurate copy of Ordinance 0 -11 -16 Extending the Special Use Authorized by Ordinance 0 -10 -06 For A Wonder Children's Retail Store as appears in the records and files of the office of the Village Clerk. Dated this January 31, 2012 SEAL - wt, � .. 1A w w-, ANDREW S. LICHTERMAN Deputy Village Clerk Submitted by: Village of Deerfield 850 Waukegan Road Deerfield, IL 60015 850 WAUKEGAN ROAD DEERFIELD, ILLINOIS 60015 TELEPHONE 847.945.5000 WWW.DEERFIELDdLORG VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -11 -16 AN ORDINANCE EXTENDING THE SPECIAL USE AUTHORIZED BY ORDINANCE 0 -10 -06 FOR A WONDER CHILDREN'S RETAIL STORE WHEREAS, the corporate authorities of the Village of Deerfield enacted Ordinance No. O- 10 -06 on April 5, 2010 authorizing a Special Use for the establishment and operation of a Wonder Children's Retail Store in Deerbrook Mall as an amendment to the Deerbrook Mall Special Use Planned Unit Development in the C -2 Outlying Commercial District; and, WHEREAS, pursuant to Article 13.11 -F, paragraph 4, of the Zoning Ordinance of the Village of Deerfield, a Special Use becomes null and void if not established or actively pursued within one year of the date of approval; and, WHEREAS, Wonder, LLC has requested that the Village acknowledge that Wonder LLC has actively pursued the establishment of the Special Use authorized by Ordinance 0 -10 -06 and that the Special Use shall continue to be valid if Wonder LLC actively pursues and establishes such Special Use not later than April 5, 2012; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that Wonder, LLC has actively pursued the establishment of the Special Use authorized by Ordinance 0 -10 -06 and has satisfied the requirements of Article 13.11 -F, paragraph 4, of the Zoning Ordinance of the Village of Deerfield; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows: SECTION 1: That the above and foregoing recitals, being material to this Ordinance, are hereby incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2: That the Special Use authorized by Ordinance No. 0 -10 -06 shall continue to be valid provided it is actively pursued and established on or before April 5, 2012. SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in that regard within its jurisdiction. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED this 20th day of April , 2011. AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th day of April , 2011. ATTEST: WE - Villa he Clerk JL_'� Village President -2-