O-12-38VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -12 -38
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER
AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR
USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER
METHOD WITHIN A CERTAIN AREA OF DEERFIELD, ILLINOIS
(HANALEI CLEANERS)
WHEREAS, the property commonly known as 646 -660 Deerfield Road in the Village of
Deerfield, Illinois, has been used over a period of time for commercial/industrial dry cleaning
purposes; and,
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater under and near said property may exceed Class I groundwater quality standards for
potable resource groundwater as set forth in 35 Illinois Administrative Code Part 620, or Tier I
Residential Remediation Objectives as set forth in 35 Illinois Administrative Code Part 742; and,
WHEREAS, the Village of Deerfield desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of the subject
property;
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: Recitals Incorporated: 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: Use of Groundwater As a Potable Water Supply Prohibited: The use or
attempt to use as a potable water supply groundwater from within that area of the Village of
Deerfield described on Exhibit "A" attached hereto and made a part hereof by the installation or
drilling of wells or by any other method is hereby prohibited. This prohibition applies to
governmental bodies, including the Village of Deerfield.
SECTION 3: Definitions: For purposes of this Ordinance, the following terms shall have
the following meanings:
(a) "Person" is any individual, partnership, co- partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust, estate, political subdivision or
any other legal entity, or their legal representatives, agents or assigns.
(b) "Potable Water" is any water used for human or domestic consumption, including, but
not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
SECTION 4: Penalties: Any person violating the provisions of this Ordinance shall be
subject to a fine of up to Five Hundred Dollars ($500.00) for each violation, and each day such
violation continues shall constitute a separate offense.
SECTION 5: Repealer: All ordinances or parts of ordinances in conflict with this Ordinance
are hereby repealed insofar as they are in conflict with this Ordinance.
SECTION 6: Severability: If any provision of this Ordinance or its application to any
person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity
of the Ordinance as a whole or of any portion not adjudged invalid.
SECTION 7: Full Force and Effect: That this Ordinance shall be in full force and effect
from and after its passage and approval as provided by law.
-2-
PASSED this 15th day of October ' 2012.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0 )
APPROVED this 15th dayof October , 2012.
ATTEST:
illage LTerk
Village President
-3-
HIGHLAND PARK
QUADRANGLE, ILLINOIS
7.5 MINUTE SERIES
(TOPOGRAPHIC)
SITE LOCATION
(SAME AS CENTER POINT)
LEE'S HANALEI CLEANERS
650 DEERFIELD ROAD
DEERFIELD, IL 60015
r
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i t
ti s•:.
SCALE IN FEET
0' 500, 1,000,
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
TIERED APPROACH TO CORRECTIVE ACTION
OBJECTIVES SUPPLEMENTAL AGREEMENT
This Tiered Approach to Corrective Action Objectives Supplemental Agreement
( "Supplemental Agreement "), is made to establish obligations of Deerfield Shoppers Court, LLC (the
"Property Owner ") and its lessee, Lee's Hanalei Cleaners, Inc. ( "Hanalei "), related to the Limited
Groundwater Use Restriction Ordinance, as described herein, and is entered into this third day of April,
2012, by and between Property Owner and the Village of Deerfield, an Illinois municipal corporation (the
"Village ")_
RECITALS:
A. Property Owner is the owner of the property commonly known as 646 -660 Deerfield
Road, Deerfield, Illinois and legally described on Exhibit A attached hereto (the "Site ").
B. Hanalei operates a dry cleaning business on a portion of the Site.
C. Hanalei is pursuing a Corrective Action of the Site resulting from the release of
Contaminants at the Site. The Illinois Environmental Protection Agency ( "IEPA ") Site Remediation
Program (SRP) utilizes IEPA identification number (LPC #) 0434125190 to identify the SRP enrollment
and remediation of the release at the Site ( "Incident ").
D. "Corrective Action" as used in this Supplemental Agreement means the cleanup or removal of
Contaminants (as defined in Paragraph E below) from soil or groundwater at or under the Site
and other impacted areas ( "Area of Impact") depicted in Exhibit B attached hereto. The Area of
Impact is located within the 250 -foot setback area designated in the drawing made part of the
Limited Area Groundwater Use Restriction Ordinance (the "LGWO ") attached hereto as Exhibit C. For
the Area of Impact, located within the LGWO, Hanalei shall conduct the Corrective Action such that the
impacted soil or groundwater will be in compliance with Illinois Pollution Control Board ( "IPCB ") Tier 2
site specific remediation objectives for commercial /industrial property pursuant to 35 Ill. Adm.
I
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
Code Part 742 as approved by the IEPA For areas of impacted soil or groundwater resulting from the
Site, if any, that are located outside the LGWO, the Corrective Action shall be conducted such that the
impacted soil or groundwater will be in compliance with IPCB Tier 1 residential remediation
objectives as specified at 35 111. Adm. Code Section 742, Appendix B, Table A.
E. Exhibit B, prepared by Hanalei, depicts the maximum area of soil and/or groundwater
impacted by the contaminants of concern released at the Site. For the purposes of this paragraph and
Supplemental Agreement: (1) "contaminants of concern" ( "Contaminants ") means those contaminants
associated with the use of perchloroethylene (tetrachloroethylene) in dry cleaning activities:
tetrachloroethylene, trichloroethylene, cis- 1,2- dichloroethylene, trans -1,2- dichloroethylene and vinyl
chlorine; and (2) "impacted" means that concentrations of one or more Contaminants in soil and/or
groundwater are estimated.,to exceed the Tier l residential remediation objectives under 35 Illinois
Administrative Code Part 742.
F. Hanalei has represented that the source of Contaminants is currently contained within the
Site, and that the area of the Site and other areas covered by the LGWO are adequate to encompass the
soil and/or groundwater potentially impacted with Contaminants from the Site.
G, Hanalei had represented that it will request risk - based, site - specific soil and/or
groundwater remediation objectives from the IEPA under 35 Ill. Adm. Code Part 742. Under these
rules, use of risk - based, site - specific remediation objectives may require the Village to adopt a LGWO
as defined in 35 Ill. Adm. Code, Section 742.0115.
H. The Village holds easements for utility purposes in the adjacent right -of -way of
Deerfield Road and elsewhere within the area covered by the LGWO (the "Rights -of- Way ") and now has
and may continue to have public utilities located within the Rights -of -Way.
2
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
1. For purposes of this Supplemental Agreement, the Village exercises access control over
the use of groundwater within the Rights -of -Way and within the area depicted in the LGWO.
J. This Supplemental Agreement is intended to establish the undertakings of the Property
Owner to the Village, with the agreement and related undertakings by Hanalei, for the purpose of
enabling the Village to provide the LGWO to the IEPA, which will establish the Village's agreement
that it will prohibit the use of groundwater as a potable or other domestic supply of water within the
LGWO depicted area which is under its jurisdiction.
Now, therefore, in consideration of the premises, and of the terms and conditions contained
within this Supplemental Agreement, it is hereby agreed by and between the Property Owner and the
Village of Deerfield as follows:
1. Incorporation of Recitals. The above and foregoing recitals, "being material to this
Agreement, are incorporated and made a part of this Agreement as if fully set forth herein.
2. IEPA Approval of LGWO. This Supplemental Agreement shall be null and void if
the IEPA does not approve the LGWO.
3. Indemnification of Village. Property Owner agrees to defend, indemnify and hold
harmless the Village and its officers, agents, contractors, permitees and employees from and against
any and all losses, liabilities, penalties, damages, claims, judgments and actions, including attorneys'
fees and court costs, arising directly or indirectly out of or in any way associated with the Incident
and release of Contaminants from the Site. This paragraph shall survive the termination of
this Supplemental Agreement.
4. Village Cost Reimbursement. Property Owner agrees to reimburse the
Village for the reasonable costs it has incurred in investigating the request by Hanalei for the LGWO
3
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
and in reviewing this Supplemental Agreement, including reasonable attorneys' fees, in an amount
not to exceed $6,000.00.
5. Binding Effect of Agreement. This Supplemental Agreement shall be binding upon all
grantees or successors in interest to Property Owner, and upon all successor owners of the Site, as well
as upon Hanalei and its successors in interest.
6. No Assignment without Village Consent. Neither Property Owner nor Hanalei shall
assign or transfer this Supplemental Agreement or any interest in this Supplemental Agreement without
first obtaining the Village's written consent, which shall not be unreasonably refused.
7. Voidance of Agreement. Violation of the terms of this Supplemental
Agreement by Property Owner, (or its grantees) or by Hanalei, or by their respective successors in
interest, may be grounds for voidance of this Supplemental Agreement by the Village. This Agreement
does not restrict or limit the right of the Village to repeal or amend the LGWO at any time.
S. Removal of IEPA Approved Laud Use Control. This Supplemental Agreement shall
continue in effect from the date hereof until the IEPA, upon written request by Property Owner and with
notice to the Village, has amended the notice in the chain of title of the Site to reflect unencumbered
future use of the groundwater within the area of the LGWO.
9. Village Work in the Right -of -Way. This Supplemental Agreement does not limit the
Village's ability to construct, reconstruct, improve, repair, maintain and operate utility and /or
streetscape facilities within the Rights -of -Way (the "Work "), or to allow others to use the Rights -of -Way
by permit. The Village reserves the right, and the right of those using its utility facilities and easements
within the Rights -of -Way under contract, license or permit, to manage, move, remove and dispose of
contaminated soil or groundwater, as may be reasonably necessary for the Work from, at, in, under or
near those portions of the Rights -of -Way in which Contaminants exceed the Tier 1 remediation
4
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
objectives applicable to such portions and to dispose of such Contaminants, all as the Village or
those using its Rights -of -Way deem appropriate and not inconsistent with applicable
environmental regulations ( "Remediation Activity ") subject to the provisions of Paragraph 12.
For purposes of this Supplemental Agreement, there is a rebuttable presumption that all
Contaminants in impacted soil or groundwater found at, on, under or within the maximum area of
contaminant impacted soil or groundwater indicated on the LGWO are attributable to one or more
releases of Contaminants by or from the Site.
10. Notice of Work within Riaht -of -Way. Prior to undertaking any Remediation
Activity, and prior to engaging in Work which might require Remediation Activity, the Village will: (i)
give Property Owner not less than thirty (3 0) days' advance written notice (unless there is an immediate
and substantial threat to the health or safety to any individual or to the public) that it intends to engage
in Work in or near the Right -of -Way within which it has located or intends to locate public utilities
and/or streetscape facilities which might require Remediation Activity, or (ii) after the Village has
commenced Work, give Property Owner not less than ten (10) days' advance written notice (unless there
is an immediate and substantial threat to the health or safety to any individual or to the public) that it
intends to undertake Remediation Activity to the extent necessary for the Work. The failure of the
Village to give notice is not a violation of this Supplemental Agreement; provided, however, that if
Property Owner is not given prior notice pursuant to this Paragraph 10, the Village may not seek
reimbursement under this Agreement for its fees and costs in excess of Thirty Thousand Dollars
($30,000.00), except to the extent that Property Owner agrees, in consultation with Village, to the
estimated or actual scope and cost of the Remediation Activity being undertaken by Village.
11. Courtesy Notice of Work If the Village determines, in its sole discretion, that there is an
immediate and substantial threat to the health or safety to any individual or to the public, or that
5
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
there is an immediate need to perform Work in order to investigate, maintain or restore utility services
and/or streetscape facilities, the Village agrees to provide notice to Property Owner of such immediate
need, as soon as practical, prior to performing such Work, although notice in such circumstances is
not required under Paragraph 10 and shall be considered a courtesy under this Supplemental
Agreement.
12. Remediation Activity by Property Owner. Following notice by the Village
contemplated under Paragraph 10, the Village and_Property shall engage in a good faith collaborative
process in an attempt to arrive at a consensus for a cost - effective approach to the Remediation Activity `
including, but not limited to, managing, moving, removing, disclosing or remediating the contaminates
in soil and/or groundwater at, in, under or near the Rights -of -Way in a manner consistent with the
LGWO and the Corrective Action. If agreeable to the Village following such good faith
negotiations, Property Owner and /or Hanalei may elect to perform, at its /their cost, the
agreed upon site investigation and Remediation Activity and, upon such election Property
Owner and/or Hanalei shall, at its / tbeir cost, procure all necessary permits and shall post a
completion bond in the amount of the work to be performed prior to commencing such work. If as a
result of these negotiations the Village and Property Owner and/or Hanalei are unable to reach a
consensus, the Village shall allow Property Owner and/or Hanalei a reasonable time, not less than five
(5) business days, to undertake the scope of Remediation Activity deemed necessary by the Village,
following the notice by the Village to Property Owner of such scope, and in compliance with applicable
environmental laws. If neither Property Owner nor Hanalei undertake such scope of Remediation
Activity within said five (5) business day period, or as otherwise allowed by the Village, then the parties
agree that the Village may manage and perform the Remediation Activity, in which event Property
Owner agrees to reimburse the Village for all reasonable costs and fees incurred by the Village for such
G
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
site investigation and Remediation Activity, including reasonable attorneys' fees, within forty-five (45)
days of receiving an invoice from the Village. The failure of Property Owner to provide reimbursement
to the Village within forty-five (45) days of receipt of an invoice from the Village issued in accordance
with and pursuant to this paragraph shall be grounds for repealing the LGWO.
13. General Provisions.
A. Notices. All notices required or permitted to be given under this Agreement shall be
given in writing to the parties at the addresses specified herein, either by: (i) personal delivery, (ii)
deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon, (iii)
deposit with a nationally recognized overnight delivery service, or (iv) electronic mail with
verification of receipt. The address of either party stated below may be changed by written notice to
the other party. Any mailed notice -shall be deemed to have been given and received within three (3)
business days after the same has been mailed. Any notice given by
overnight courier or by electronic mail shall be deemed to have been given and received within twenty -
four (24) hours after deposited with such overnight courier or after verification of receipt.
Notices shall be addressed to the parties at the following addresses:
If to Village of Deerfield: If to Property Owner:
Village of Deerfield Joseph R. Pasquesi
465 Elm Street Deerfield Shopper's Court, LLC
Deerfield, IL 60015 3218 Skokie Valley Road
Attn: Village Engineer Highland Park, IL 60035
B. Severability. This Supplemental Agreement is entered into by the Village, and the
LOW is adopted by the Village, in recognition of laws passed by the Illinois General Assembly and
regulations adopted by the IPCB which encourage a tiered, risk -based approach to remediating
environmental contamination. In the event that any provision of this Supplemental Agreement is
7
Supplemental Agreement
Lee's Hanalei Cleaners
650 Deerfield Road, Deerfield, IL
April 3, 2012
invalidated as beyond the authority of the Village, this Supplemental Agreement shall be null and
void, except that the indemnification provided in Paragraph 3 shall survive.
C. Amendments. No amendment or modification to this Supplemental Agreement shall
be effective unless and until it is reduced to writing and executed by the parties.
IN WITNESS WHEREOF, Property Owner, Hanalei and the Village of Deerfield have caused
this Agreement to be signed by their duly authorized representatives as of the date and year first above
written.
DEERFIELD SHOPPERS COURT, LLC
By:�
Name: David J. Pasquesi
Title: A,,A.Y i t e4 14e y► &r
ATTEST:
Name: E. Frigo
Title: Authorized Agent for Deerfield
Shopper's Court, LLC
VILLAGE OF DEERFIELD
By:
Name: Harriet E. Rosenthal
Title: Mayor
ATTEST:
By:
Ken4Set, illage Clerk
EXHIBIT A
THAT PART OF LOTS SA AND AND S W BLOCK 1 IN THETOWN OF OEEFFR'LD.84 THE SOUTHWEST M OF THE SOUTHWEST 114 OF SECTION 28, TOWNSHIP 43 NORTH. RANGE 12. EAST OF THE THIRD PRINCIPAL MEMMN.
ACCIORDMTO THE PUTT THEREOF RECORDED MARCH 18, 1115!, IN BOOK 2T OF DEEDS. PAGE 182, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNEA OF THE EAST 42 FEET OF SAID LOT 3: THENCE N
872]71' E ALONG THE NORTH LINE OF SAID BLOCK A. A DISTANCE OF 28.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 872D21' E ALONG MID NORTH UNE 90.73 FEET; THENCE S00'0.1541Y 7.18 FEET TO THE
NORTH FACE OF A BRICK BURRING; THENCE S 875774' W ALONG THE NORTH FACE OF SAID BUILDING 9.03 FEET. THENCE S 00'oS42' E 54.95 FEET; THENCE S 5733W W 4.88 FEET THENCE S 44'S3O8' W 430 FEET, THENCE
S 89'4SS4' W 8.93 FEET; THENCE N 00'8Y4T W 8415 FEET TO THE NORTH FACE OF SAID BUILDING. THENCE B 875234' W MIND THE NORTH FACE OF SAID BUILDING SS22 PEST THENCE N W 7878' W 8]8 FEET To THE
POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS
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EXHIBIT B
MAXIMUM AREA OF SOIL AND /OR GROUNDWATER
IMPACTED BY THE CONCENTRATION OF CONTAMINANTS
OF CONCERN RELEASED FROM THE SITE
RESIDENTIAL HOUSING
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DEERFIELD SHOPPERS COURT; LLC PROPERTY
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ASPHALT PARKING LOT
DEERFIELD ROAD
SCALE
0' 30'
Supplemental Agreement -
Exhibit C
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER
AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR
USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER
METHOD WITHIN A CERTAIN AREA OF DEERFIELD, ILLINOIS
(HANALEI CLEANERS)
WHEREAS, the property commonly known as 646 -660 Deerfield Road in the Village of Deerfield,
Illinois, has been used over a period of time for commercial /industrial dry cleaning purposes; and,
WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater
under and near said property may exceed Class I groundwater quality standards for potable resource
groundwater as set forth in 35 Illinois Administrative Code Part 620, or Tier I Residential Remediation
Objectives as set forth in 35 Illinois Administrative Code Part 742; and,
WHEREAS, the Village of Deerfield desires to limit potential threats to human health from
groundwater contamination while facilitating the redevelopment and productive use of the subject property;
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: Recitals Incorporated: 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: Use of Groundwater As a Potable Water Supply Prohibited: The use or attempt to
use as a potable water supply groundwater from within that area of the Village of Deerfield described on
Exhibit "A" attached hereto and made a part hereof by the installation or drilling of wells or by any other
method is hereby prohibited. This prohibition applies to governmental bodies, including the Village of
Deerfield.
SECTION 3: Definitions: For purposes of this Ordinance, the following terms shall have the
Supplemental Agreement -
Exhibit C
following meanings:
(a) "Person" is any individual, partnership, co- partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust, estate, political subdivision or any other legal
entity, or their legal representatives, agents or assigns.
(b) "Potable Water" is any water used for human or domestic consumption, including, but not limited
to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
SECTION 4: Penalties: Any person violating the provisions of this Ordinance shall be subject to a
fine of up to Five Hundred Dollars ($500.00) for each violation, and each day such violation continues shall
constitute a separate offense.
SECTION 5: Repealer: All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed insofar as they are in conflict with this Ordinance.
SECTION 6: Severability: If any provision of this Ordinance or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as
a whole or of any portion not adjudged invalid.
SECTION 7: Full Force and Effect: That this Ordinance shall be in full force and effect from and
after its passage and approval as provided by law.
PASSED this dayof ,2012.
AYES:
NAYS:
ABSENT:
ABSTAIN:
APPROVED this day of
ATTEST:
Village Clerk
Village President
-2-
, 2012.
HIGHLAND PARK
QUADRANGLE, ILLINOIS
7.5 MINUTE SERIES
(TOPOGRAPHIC)
SITE LOCATION
(SAME AS CENTER POINT)
LEE'S HANALEI CLEANERS
650 DEERFIELD ROAD
DEERFIELD, IL 60015
(>
SCALE IN FEET
0' 500' 1,000'
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