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R-92-12JKS.RES /3 RESOLUTION NO. R -92 -12 RESOLUTION APPROVING THIRD AMENDMENT TO ANNEXATION AGREEMENT WHEREAS, Deerfield- Saunders Joint Venture (the "Developer "), an Illinois general partnership, by Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited, a Delaware limited partnership and the managing general partner of the Developer; and American National Bank and Trust Company of Chicago, as Trustee (the "Trustee ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986, and November 11, 1988 and known respectively as Trust Nos. 62258, 65708, 66526, 107008 -05 (the "Trusts "; collectively, together with their respective successors and assigns, the trusts are referred to as the "Owner ") are the owners and developers of certain real estate, previously annexed to the Village of Deerfield pursuant to a certain Annexation Agreement described below; and WHEREAS, the Parties (consisting of the Owner, Developer and the Village of Deerfield) or their predecessors entered into a certain Annexation Agreement (the "Original Annexation Agreement ") dated as of February 4, 1985 among the Village, the Developer, the trustee under Trust Nos. 60644 and 62258 and Richard Frigo, as amended by a certain First Amendment to Annexation Agreement (the "First Amendment ") among the Village, the Developer, and the Trustee under Trust Nos. 62258, 65708, and 66526, and further amended by a certain Second Amendment to Annexation Agreement dated as of December 3, 1990 (the "Second Amendment ") among the parties thereto (the Original Annexation Agreement, First Amendment, and Second Amendment are collectively referred to as the "Existing Annexation Agreement "; and WHEREAS, except with respect to the Marriott Property (as defined in Paragraph 9 of the Second Amendment), the Trusts are the successor owners to the "Owner" in the Original Annexation Agreement and Developer is the owner of 100% of the beneficial interest in the Trusts. WHEREAS, Trustee under Trust No. 62258 (the "Clubhouse Property Trust ") is the owner of record of approximately 10.63 acres of real estate located adjacent to and east of Saunders Road south of Deerfield Road, adjacent to the Tri -State Tollway in Lake County, Illinois, which real estate along with the portion of Saunders Road adjoining said real estate totals 11.69 acres and is legally described on Appendix A to the Third Amendment to Annexation Agreement hereinafter described; and RESOLUTION NO. R -92 -12 WHEREAS, in furtherance of the foregoing, the Owner and Developer desire and propose to develop (or cause to be developed) the Clubhouse Property for daycare and health club uses upon certain terms and conditions hereinafter set forth and in accordance with certain plans attached hereto and made a part hereof as Appendix B to said Third Amendment to Annexation Agreement; and WHEREAS, pursuant to the provisions of Section 11.15 -1.1, et seq., of the Illinois Municipal Code, said Owner and the Parties submitted to the Corporate Authorities of the Village of Deerfield a proposed Third Amendment to Annexation Agreement implementing the proposed uses on the Clubhouse Property and approving certain changes necessitated thereby in the Concept Plan for the Undeveloped Property as previously set forth in the Second Amendment; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan Commission of the Village with respect to the request of said Owner and the Parties to permit the uses and future development of the Subject Property in the manner proposed in the attached Third Amendment to Annexation Agreement and Exhibits attached thereto and made a part thereof, and written findings of fact and recommendations with respect thereto were made by said Plan Commission and submitted to the Corporate Authorities; and WHEREAS, pursuant to notice as required by statute and ordinance a public hearing was held by the Corporate Authorities of the Village with respect to the terms and conditions of said Third Amendment to Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the uses and future development of the Subject Property on the terms and conditions set forth in the Existing Annexation Agreement as amended by the attached Third Amendment to Annexation Agreement would further the growth of the Village, enable the Village to control the development of said property and subserve the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the Third Amendment to Annexation ONE: Agreement attached hereto between the Village of Deerfield, the Owner and the Developer, be and the same is hereby approved. RESOLUTION NO. R- 92 -12. SECTION That the President and Clerk of the TWO: Village of Deerfield are hereby authorized and directed to execute said Third Amendment to Annexation Agreement. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson (5) NAYS: None (0) ABSENT: None (0) RECUSED: Swartz (1) PASSED this 5th day of October A.D., 1992. APPROVED thi5Th day of c o e A-.D. , 19,92.\ ATTEST: LLAGE PRESIDENT VI GE CLERK THIRD AMENDMENT TO ANNEXATION AGREEMENT THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT ( the "Agreement ") is made and entered into as of this 5th day of October , 1992, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer "), an Illinois general partnership, by Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited), a Delaware limited partnership and the managing general partner of the Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986, and November 11, 1988 and known respectively as Trust Nos. 62258, 65708, 66526, 107008 -05 (the "Trusts "; collectively, together with their respective successors and assigns, the Trusts are referred to as the "Owner"); and collectively the Village, the Corporate Authorities, the Developer and the Owner are sometimes referred to as the "Parties "). WITNESSETH• WHEREAS, the Parties or their predecessors entered into a certain Annexation Agreement (the "Original Annexation Agreement ") dated as of February 4, 1985 among the Village, the Developer, the Trustee under Trust Nos. 60644 and 62258 and Richard Frigo, as amended by a certain First Amendment to Annexation Agreement (the "First Amendment ") among the Village, the Developer, and the Trustee under Trust Nos. 62258, 65708, and 66526, and further amended by a certain Second Amendment to Annexation Agreement dated as of December 3, 1990 (the "Second Amendment ") among the Parties hereto (the Original Annexation Agreement, First Amendment, and Second Amendment are collectively referred to as the "Existing Annexation Agreement "; the Existing 9070219 Ver 2 10/6/92 14:21 Annexation Agreement as amended by the terms of this Agreement is referred to as the "Annexation Agreement "); and WHEREAS, except with respect to the Marriott Property (defined herein as defined in Paragraph 9 of the Second Amendment), the Trusts are the successor owners to the "Owner" in the Original Annexation Agreement and Developer is the owner of 100W of the beneficial interest in the Trusts. WHEREAS, Trustee under Trust No. 62258 (the "Clubhouse Property Trust ") is the owner of record of approximately 10.63 acres of real estate located adjacent to and east of Saunders Road south of Deerfield Road, adjacent to the Tri -State Tollway in Lake County, Illinois, which real estate along with the portion of Saunders Road adjoining said real estate totals 11.69 acres and is legally described on Appendix A (the "Clubhouse Property "); and WHEREAS, in furtherance of the foregoing, the Owner and! Developer desire and propose to develop (or cause to be developed) the Clubhouse Property for daycare and health club uses upon certain terms and conditions hereinafter set forth and in accordance with (a) the Master Plan prepared by Hammond Beeby and Babka Incorporated dated August 8, 1990 and revised April 6, 1992 (the "Revised Master Plan "), and (b) the Site and Utility Plan prepared by SDI Consultants, Ltd., dated July 6, 1992 and last revised on August 10, 1992 (the "Revised Utility Plan ") which plans are attached hereto and made a part hereof as Appendix B; and WHEREAS, the Corporate Authorities, after due and careful consideration, have concluded that the development of the Clubhouse Property as provided herein, would further the growth of the Village, increase its tax assessable values, and would be in the best interests of the Village; and WHEREAS, pursuant to the provisions of Section 11- 15.1 -1, of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, as amended), a proposed Third Amendment to Annexation Agreement, the same in form and substance as this Agreement, was 9070219 Ver 2 10/6/92 14:22 -2- submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute and ordinance; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing has been held by the Plan Commission with regard to the special use approvals and variations necessary to implement the development of the Clubhouse Property as set forth herein, and the Plan Commission has submitted its recommendation of approval of the aforesaid requests to the Corporate Authorities; and WHEREAS, due and proper notice of this Third Amendment has been given to the Trustees of the Deerfield - Bannockburn Fire Protection District and the Village of Deerfield Public Library District more than 10 days prior to any action taken with respect to the aforesaid amendment; and WHEREAS, due and timely notice of this Third.Amendment was given to the West Deerfield Township Highway Commissioner and the Board of Town Trustees, in the manner and form required by statute; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties hereto as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with provisions of Section 11- 15.1 -1, et sec-., of the Illinois Municipal Code (Illinois Revised Statutes, as amended). 2. Development of the Clubhouse Property. It is understood that there is presently located on the Clubhouse Property the former clubhouse facilities of the Thorngate Country Club, including a clubhouse building, tennis courts, a golf driving range and other related facilities. Section 6 of the Second Amendment requires that Owner seek Village approval prior to any future re -use, renovation, rehabilitation or redevelopment of the existing improvements after the termination of the Thorngate Lease (defined herein as defined in the Second 9070219 Ver 2 10/6/92 15:09 -3- Amendment). The Village hereby approves the renovation and reuse of the existing facilities on the Clubhouse Property for use as a day care facility and a health club (including use of the existing tennis courts and golf driving range, but excluding use of the existing swimming pool, which will be removed) on the terms and conditions set forth herein. Such approval constitutes the granting of a special use for such health club uses, it being understood that day care uses are a previously approved permitted use pursuant to the Second Amendment. 3. Amendment of Concept Plan. In order to implement use of the existing facilities on the Clubhouse Property, the Concept Plan for the Undeveloped Property set forth in the Second Amendment shall be amended as follows. It is agreed that the Revised Master Plan set forth in Appendix B to this Third Amendment shall replace the Master Plan prepared by Hammond Beeby and Babka Incorporated dated August 8, 1990 set forth in Appendix C of the Second Amendment. Said Revised Master Plan shall supplement the Master Landscape Statement prepared by Johnson, Johnson & Roy, dated August 8, 1990 set forth in Appendix C of the Second Amendment to the extent said Revised Master Plan is inconsistent with such Master Landscape Statement. The Revised Utility Plan set forth in Appendix B to this Third Amendment shall supplement the Utility Plan prepared by SDI Consultants dated August 8, 1990 set forth in Appendix C of the Second Amendment to the extent said Revised Utility Plan is inconsistent with said original Utility Plan. It is understood that the building and parking setback requirements of the Concept Plan are modified to the extent necessary to accommodate the existing placement of the clubhouse building. In addition, Owner agrees that the required parking stall size for the health club and day care uses on the Clubhouse shall be 9 feet in width by 19 feet in length, but the 8 1/2 by 18 feet requirement in the Existing Annexation Agreement shall continue to apply to the remainder of the Undeveloped Property and to any redevelopment of the Clubhouse Property for uses other than health club and day care. 9070219 Ver 2 10/6/92 15:09 -4- All references in the Annexation Agreement to the "Concept Plan" shall include the above modifications. (If Owner and Developer cease to use the existing facilities on the Clubhouse Property and cause such facilities to be removed, then the Owner and Developer may proceed under the Concept Plan as set forth in the Second Amendment without the requirement of further amendments to the Annexation Agreement.) 4. Preliminary and Final Plan Approval. Concurrently herewith the Developer has requested and the Village shall adopt an ordinance amending the I -1 /PUD Ordinance for the Property to incorporate the aforementioned revisions to the Concept Plan and to grant to the Developer Preliminary and Final Development Plan approval (as defined by Section 12.9 -3 and 12.9 -6 of the Village Zoning Ordinance) for the renovation and use of the existing facilities on the Clubhouse Property for such day care and health club uses, all pursuant to the plans and testimony presented to the Plan Commission and Board of Trustees. Said I -1 /PUD Ordinance shall permit and authorize development of the Property in accordance with the approved Preliminary and Final Plans, and shall grant such variations as may be required to implement said Preliminary and Final Development Plan. Said I -1 /PUD Ordinance may be amended in accordance with the Village's Planned Unit Development procedures without amending the Annexation Agreement so long as such amendments are reasonably consistent with the Concept Plan. 5. Reaffirmation. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby amended, shall be and they hereby are reaffirmed, ratified, confirmed in their entirety-and incorporated herein by reference as if fully set forth herein. 6. Trustee's Exculpation. This Agreement is executed by the Trustee as trustee. No personal liability under this Agreement shall be asserted against said trustee, all such personal liability being expressly waived and any liability for a breach of this Agreement or any of the covenants, undertakings 9070219 Ver 2 10/6/92 15:09 __9_ and warranties herein contained, shall be asserted solely against the Property owned by the Trustee and against the other parties to this Agreement. 7. Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 8. LPEAL Recourse. Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited) ( "Diverse "), the managing general partner of Developer, is organized as a Delaware limited partnership. Notwithstanding anything else contained herein to the contrary, the Village shall look solely to the assets of Diverse for satisfaction of any liabilities or obligations of Diverse (as general partner of Developer or otherwise) under the Annexation Agreement, and no constituent partner in Diverse shall be personally liable for any such liabilities or obligations. This Paragraph 8 shall not diminish any liability which Deerfield- Saunders Joint Venture or Deerfield- Saunders Joint Venture's constituent general partners may have for the obligations of Developer under this Agreement or the Existing Annexation Agreement. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. VILLAGE OF DEERFIELD, an Illinois municipal corporation Attest: By: illage Clerk Title: AA Vok- DEERFIELD - SAUNDERS JOINT VENTURE, an Illinois general partnership By: Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited), its managing general partner By: I Title: 9070219 Ver 2 8/26/92 13:49 —6— Attest: Title: ASaWANT SECRETARY Attest: Tit e: Attest: 7 Ti e: ARY Attest: Tit nOT .... Svc AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 18, 1984 and known as Trust No. 622 8 By: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, 1985 and known as Trust NQ- §�P7V8 A BY: — Titr le: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated March 6, 1986 and known as Trust No. §.(5 ?6 By: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated November 11, 1988 and known as Trust $6N /J�%%k08-_g.� By: Title: Prepared by (and when recorded return to): Ivan P. Kane MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60606 (312) 782 -0600 9070219 Ver 2 8/26/92 13:49 -7 STATE OF ILLINOIS SS. COUNTY OF LAKE I, .179fi&AJ f�' CRO/rl/.F- a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT &AA),49A FORRH'S7' , personally known to me to be the President of the Village of Deerfield, an Illinois municipal corporation, and RoBgRT' )). FRAIfz , personally known to me to be the D Village Clerk of said Village, 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 Deputy Village Clerk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. G VEN under my hand and notarial seal this � day of 1992. • tary • [SEAL] OFFICIAL SEAL My Commission Expires: SHARON K CROMIE NOTARY PUBLIC STATE OF ILLINOIS COMMISSION EXP FEB. 23,1995 9070219 Ver 2 8/26/92 13:49 STATE OF ILLINOIS ) CIO (1 �� ) SS. COUNTY OF- I, A/9- 7A�L. F / _S a notary public in and for said CWnty, in the State aforesaid, DO HEREBY CERTIFY THAT G,. � personally known to me to be the Vice President of DIVERSE REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, a Delaware limited partnership, a general partner in DEERFIELD- SAUNDERS JOINT VENTURE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that on behalf of said general partner he signed and delivered the said instrument pursuant to authority given by the partners of DEERFIELD - SAUNDERS JOINT VENTURE, as his free and voluntary act, and as the free and voluntary act and deed of said joint venture and said partnership, for the uses and purposes therein set forth. I N under my hand and notarial seal this day of 1992. My Commission Expires: 9070219 Ver 2 8/26/92 13:49 Notary Public [SEAL] "OFFICIAL SEAL" 4 Kathleen E. De Vries Notary Public, Cook County, State of illloalt d My Commission Expires 1128194 STATE OF ILLINOIS ) SS. COUNTY OF 4.A,KE 49at ) I r- M• SOVIENSKI a notary public in and for said Comity, in the State aforesaid, DO HEREBY CERTIFY THAT f pK8j6gT �. MIL`FIAw!r: tayrmTAT' personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 62258 and . ,:.Ii1D1TT GRAVEN personally known to me to be the ASSISTANT,SM ,�� of said association, 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 t owledged that as such ylCg President and � , they signed and delivered the said instrument as President and ASSISTANT sEr.RFTapp� af said association and caused the corporate seal of said association to be fixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1992. OCT 8 1991 Notary Public [SEAL] My Commission Expires: EV,11 All, ONAl j / �y, v , L y,.i��. 5th � I�,ItiTr.K% Y PUFLIC, STA E O "r II_LIN015 mmission Expires 06(27,196 9070219 Ver 2 8/26/92 13:49 STATE OF ILLINOIS SS. COUNTY OF LAKE sovigNMA a notary public in and for said Coun• °� n the State aforesaid, �DO HEREBY CERTIFY THAT "M P., wjmLLw,1, personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association wh'ch is a Trustee of the aforesaid Trust No. 66526, ' IS T §t& (Y_ personally known to me to be the ' Zi g 0 T IET . �YiL of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me.this day in pers r� knowledged that as such � President and ��s vSTa they signed and delivered the said i strument as ' — President and ASSISTANT SECR.ETAi f said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1992. OCT Notary Public [SEAL] My Commission Expires: F7: U` ILl.li� OIS 06127,'96 9070219 Ver 2 8/26/92 13:49 STATE OF ILLINOIS SS. COUNTY OF IiARE / ) P- M. S+OVIENW I, ' a notary public in and for said Coin in the Stata,gaforesaid, DO HEREBY CERTIFY THAT �I W1iLI personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 65708, end JLJDITH B. OVEN, personally known to me to be the ASb1b1AN1 SEUKLIAI-4 of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in p ersq evera•l a knowled ed that as such! A President and r`� �AA ` ffr' `.¢ , they signed and delivered the said nstrument as M2 President and ASSISTANT SEC,RETA m4 said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of My Commission Expires: 9070219 Ver 2 8/26/92 13:49 8 �9�Z Notary Public [SEAL] "JOTAR ;.. �C 1;:; ires STATE OF ILLINOIS ) SS. COUNTY OF WMkowk ) a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT 4' . P , - personally known to me to be the ire INE01r Presid nt�nINational Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 107008705 and �tlnIT4 R. CRAVEN personally known to me to be the �°�����"��° 6t6.HtiARy of said association, 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 �W71JA. President and 7; ?ISTAN' SEURu: AR� , they signed and delivered the said instrument as President and SECF!ETAR�' f said association; and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of 1992. r Notary Public (SEAL) My Commission Expires: L t0TARY PU3',lC. >TA i f. Ui: ii UN10l- My Commission Cxp.res 06127196 9070219 Ver 2 8/26/92 13:49 LIST OF APPENDICES APPENDIX A - Legal Description of the Clubhouse Property APPENDIX B - (a) Master Plan prepared by Hammond Beeby and Babka Incorporated dated August S, 1990 and revised April 6, 1992 (b) Site and Utility Plan prepared by SDI Consultants, Ltd., dated July 6, 1992 and last revised on August 10, 1992 9070219 Ver 2 10/6/92 11:57 APPENDIX A Legal Description That part of the North West 1/4 of Section 31, Township 43 North, Range 12, East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the easterly line of Saunders Road according to the plat of survey thereof recorded as Document 988996 and the north line of Lot 17 in Vernon Ridge Country Home Subdivision according to the plat thereof recorded as Document 241933 on June 25, 1924; thence east along said north line of Lot 17, 357.21 feet, more or less, to the north east corner of said Lot 17; thence north along the west line of Lot 16 in said Vernon Ridge Country Home Subdivision 61.05 feet, more or less, to the north west corner thereof; thence east along the north line of said Lot 16, 225.00 feet, more or less, to the north east corner thereof; thence north along the east line of said Lot 16 projected straight north 213.95 feet; thence east along a line parallel with the north line of said Vernon Ridge Country Home Subdivision 525.00 feet; thence north along a line parallel with said east line of Lot 16, 300.00 feet; thence west along a line parallel with said north line of Vernon Ridge Country Home Subdivision 1059.06 feet, more or less, to the aforenentioned easterly line of Saunders Road and thence southerly along said easterly line of Saunders Road to the point of beginning, in Lake County, Illinois. Parkway North Center Deerfield, Illinois 16 -31 -100 -001 16 -31 -100 -013 c: (ri Z 4-J W cn 04 fli 4 04 ro L 0 0 MASTER PLAN PARKWAY NORTH CENTER .1 Irl 1-1-7 a� e ae see aee� .es ` s c G >i Q G� 9:11 P-4 [ [ Im �t R E V I S I O N S °ocu[,t "rA„mt onu[,A"t reou[tr n,t[ •[ �ND _ ,_„ THORNGATE COUNTRY CLUB UTILITY PLAN SIDII CLUBHOUSE i • ; I�: ill Ili. .► �'. c. �hl) II •'I III 'I , I I• I. I Li FCC 8VADW I 2M., -__. 1 I II I -- -I— { - PMRpC 5[MKItME I - -� - ERIS([MG 1w, In1y1 I c L_ -1 I I 1 l .1 I 1 � I r -- — III I I I , 1e..- �: ". — ,,.[ I_ ..F l e I I I I I• «[,. n .0 r[[In I I I PvruRE I I � \,\ I I __..-- I \ I ERKTING em�crAC I I � ,J I I I I \\ N", R E V I S I O N S °ocu[,t "rA„mt onu[,A"t reou[tr n,t[ •[ �ND _ ,_„ THORNGATE COUNTRY CLUB UTILITY PLAN SIDII CLUBHOUSE i • ; I�: ill Ili. .► �'. c. �hl) II •'I III 'I , I I• I. I S s STATE OF ILLINOIS COUNTIES OF LAKE AND COOK VILLAGE OF DEERFIELD P, ry1 5ft fi K; �. DEC Wi 16 Art 9: 50 SS ) 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 Resolution No. R -92 -12 entitled 'Resolution Approving Third Amendment to Annexation Agreement" as appears in the records and files of the office of the Village Clerk. Dated this November 3, 1992 ROBERT D. FRANZ, Village Clerk A( JKS.RES /3 RESOLUTION NO. R -92 -12 RESOLUTION APPROVING THIRD AMENDMENT TO ANNEXATION AGREEMENT WHEREAS, Deerfield- Saunders Joint Venture (the "Developer "), an Illinois general partnership, by Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited, a Delaware limited partnership and the managing general partner of the Developer; and American National Bank and Trust Company of Chicago, as Trustee (the "Trustee ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986, and November 11, 1988 and known respectively as Trust Nos. 62258, 65708, 66526, 107008 -05 (the "Trusts "; collectively, together with their respective successors and assigns, the trusts are referred to as the "Owner ") are the owners and developers of certain real estate, previously annexed to the Village of Deerfield pursuant to a certain Annexation Agreement described below; and WHEREAS, the.Parties (consisting of the Owner, Developer and the Village of Deerfield) or their predecessors entered into a certain Annexation Agreement (the "Original Annexation Agreement ") dated as of February 4, 1985 among the Village, the Developer, the trustee under Trust Nos. 60644 and 62258 and Richard Frigo, as amended by a certain First Amendment to Annexation Agreement (the "First Amendment ") among the Village, the Developer, and the Trustee under Trust Nos. 62258, 65708, and 66526, and further amended by a certain Second Amendment to Annexation Agreement dated as of December 3, 1990 (the "Second Amendment ") among the parties thereto (the Original Annexation Agreement, First Amendment, and Second Amendment are collectively referred to as the "Existing Annexation Agreement "; and WHEREAS, except with respect to the Marriott Property (as defined in Paragraph 9 of the Second Amendment), the Trusts are the successor owners to the "Owner" in the Original Annexation Agreement and Developer is the owner of 100% of the beneficial interest in the Trusts. WHEREAS, Trustee under Trust No. 62258 (the. "Clubhouse Property Trust ") is the owner of record of approximately 10.63 acres of real estate located adjacent to and east of Saunders Road south of Deerfield Road, adjacent to the Tri -State Tollway in Lake County, Illinois, which real estate along with the portion of Saunders Road adjoining said real estate totals 11.69 acres and is legally described on Appendix A to the Third Amendment to Annexation Agreement hereinafter described; and 3258534 az Q RESOLUTION NO. R -92 -12 WHEREAS, in furtherance of the foregoing, the Owner and Developer desire and propose to develop (or cause to be developed) the Clubhouse Property for daycare and health club uses upon certain terms and conditions hereinafter set forth and in accordance with certain plans attached hereto and made a part hereof as Appendix B to said Third Amendment to Annexation Agreement; and WHEREAS, pursuant to the provisions of Section 11.15 -1.1, et seq., of the Illinois Municipal Code, said Owner and the Parties submitted to the Corporate Authorities of the Village of Deerfield a proposed Third Amendment to Annexation Agreement implementing the proposed uses on the Clubhouse Property and approving certain changes necessitated thereby in the Concept Plan for the Undeveloped Property as previously set forth in the Second Amendment; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing was held by the Plan Commission of the Village with respect to the request of said Owner and the Parties to permit the uses and future development of the Subject Property in the manner proposed in the attached Third Amendment to Annexation Agreement and Exhibits attached thereto and made a part thereof, and written findings of fact and recommendations with respect thereto were made by said Plan Commission and submitted to, the Corporate Authorities; and WHEREAS, pursuant to notice as required by statute and ordinance a public hearing was held by the Corporate Authorities of the Village with respect to the terms and conditions of said Third Amendment to Annexation Agreement; and WHEREAS, said Corporate Authorities, after due and careful consideration, have concluded that the uses and future development of the Subject Property on the terms and conditions set forth in the Existing Annexation Agreement as amended by the attached Third Amendment to Annexation Agreement would further the growth of the Village, enable the Village to control the development of said property and subserve the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION That the Third Amendment to Annexation ONE: Agreement attached hereto between the Village of Deerfield, the Owner and the Developer, be and the same is hereby approved. 3258534 RESOLUTION NO. R -92 -12 SECTION That the President and Clerk of the TWO: Village of Deerfield are hereby authorized and directed to execute said Third Amendment to Annexation Agreement. AYES: Ehlers, Marovitz, Rosenthal, Seidman, Swanson (5)' NAYS: None ( 0 ) ABSENT: None (0) RECUSED: Swartz (1) PASSED this 5th day of October A.D., 1992. APPROVED this day of c o e A.D., 19,92.\ ATTEST: PILLAGE PRESIDENT VI GE CLERK 3258534 dt 1 850 WAUXEG v P4PVZ A �L&W01S 60016 THIRD AMENDMENT TO ANNEXATION AGREEMENT THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT (the "Agreement ") is made and entered into as of this 5th day of October , 1992, by and between the VILLAGE OF DEERFIELD, ILLINOIS, a municipal corporation (the "Village "), by and through its President and Board of Trustees (collectively, the "Corporate Authorities "); DEERFIELD- SAUNDERS JOINT VENTURE (the "Developer "), an Illinois general partnership, by Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited), a Delaware limited partnership and the managing general partner of the Developer; and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee (the "Trustee ") under those certain Trust Agreements dated September 18, 1984, October 4, 1985, March 6, 1986, and November 11, 1988 and known respectively as Trust Nos. 62258, 65708, 66526, 107008 -05 (the "Trusts "; collectively, together with their respective successors and assigns, the Trusts are referred to as the "Owner "); and collectively the Village, the Corporate Authorities, the Developer and the Owner are sometimes referred to as the "Parties "). WITNESSETH• WHEREAS, the Parties or their predecessors entered into a certain Annexation Agreement (the "Original Annexation Agreement ") dated as of February 4, 1985 among the Village, the Developer, the Trustee under Trust Nos. 60644 and 62258 and Richard Frigo, as amended by a certain First Amendment to Annexation Agreement (the "First Amendment ") among the Village, the Developer, and the Trustee under Trust Nos. 62258, 65708, and 66526, and further amended by a certain Second Amendment to Annexation Agreement dated as of December 3, 1990 (the "Second Amendment ") among the Parties hereto (the Original Annexation Agreement, First Amendment, and Second Amendment are collectively referred to as the "Existing Annexation Agreement "; the Existing 9070219 Ver 2 10/6/92 14:21 3258534 5 Annexation Agreement as amended by the terms of this Agreement is referred to as the "Annexation Agreement "); and WHEREAS, except with respect to the Marriott Property (defined herein as defined in Paragraph 9 of the Second Amendment), the Trusts are the successor owners to the "Owner" in the Original Annexation Agreement and Developer is the owner of 100W of the beneficial interest in the Trusts. WHEREAS, Trustee under Trust No. 62258 (the "Clubhouse Property Trust ") is the owner of record of approximately 10.63 acres of real estate located adjacent to and east of Saunders Road south of Deerfield Road, adjacent to the Tri -State Tollway in Lake County, Illinois, which real estate along with the portion of Saunders Road adjoining said real estate totals 11.69 acres and is legally described on Appendix A (the "Clubhouse Property"); and WHEREAS, in furtherance of the foregoing, the Owner and Developer desire and propose to develop (or cause to be developed) the Clubhouse Property for daycare and health club uses upon certain terms and conditions hereinafter set forth and in accordance with (a) the Master Plan prepared by Hammond Beeby and Babka Incorporated dated August 8, 1990 and revised April 6, 1992 (the "Revised Master Plan "), and (b) the Site and Utility Plan prepared by SDI Consultants, Ltd., dated July 6, 1992 and last revised on August 10, 1992 (the "Revised Utility Plan ") which plans are attached hereto and made a part hereof as Appendix B; and WHEREAS, the Corporate Authorities, after due and careful consideration, have concluded that the development of the Clubhouse Property as provided herein, would further the growth of the Village, increase its tax assessable values, and would be in the best interests of the Village; and WHEREAS, pursuant to the provisions of Section 11- 15.1 -1, of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, as amended), a proposed Third Amendment to Annexation Agreement, the same in form and substance as this Agreement, was 9070219 Ver 2 10/6/92 14:22 -2- 3258534 4 submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute and ordinance; and WHEREAS, pursuant to notice as required by statute and ordinance, a public hearing has been held by the Plan Commission with regard to the special use approvals and variations necessary to implement the development of the Clubhouse Property as set forth herein, and the Plan Commission has submitted its recommendation of approval of the aforesaid requests to the Corporate Authorities; and WHEREAS, due and proper notice of this Third Amendment has been given to the Trustees of the Deerfield - Bannockburn Fire Protection District and the Village of Deerfield Public Library District more than 10 days prior to any action taken with respect to the aforesaid amendment; and WHEREAS, due and timely notice of this .Third Amendment was given to the West Deerfield Township Highway Commissioner and the Board of Town Trustees, in the manner and form required by statute; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed by and between the parties hereto as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with provisions of Section 11- 15.1 -1, et sea., of the Illinois Municipal Code (Illinois Revised Statutes, as amended). 2. Development of the Clubhouse Property. It is understood that there is presently located on the Clubhouse Property the former clubhouse facilities of the Thorngate Country Club, including a clubhouse building, tennis courts, a golf driving range and other related facilities. Section 6 of -the Second Amendment requires that Owner seek Village approval prior to any future re -use, renovation, rehabilitation or redevelopment of the existing improvements after the termination of the Thorngate Lease (defined herein as defined in the Second 9070219 Ver 2 10/6/92 15:09 -3- 32583,34 7 Amendment). The Village hereby approves the renovation and reuse of the existing facilities on the Clubhouse Property for use as a day care facility and a health club (including use of the existing tennis courts and golf driving range, but excluding use of the existing swimming pool, which will be removed) on the terms and conditions set forth herein. Such approval constitutes the granting of a special use for such health club uses, it being understood that day care uses are a previously approved permitted use pursuant to the Second Amendment. 3. Amendment of Concept Plan. In order to implement use of the existing facilities on the Clubhouse Property, the Concept Plan for the Undeveloped Property set forth in the Second Amendment shall be amended as follows. It is agreed that the Revised Master Plan set forth in Appendix B to this Third Amendment shall replace the Master Plan prepared by Hammond Beeby and Babka Incorporated dated August 8, 1990 set forth in Appendix C of the Second Amendment. Said Revised Master Plan shall supplement the Master Landscape Statement prepared by Johnson, Johnson & Roy, dated August 8, 1990 set forth in Appendix C of the Second Amendment to the extent said Revised Master Plan is inconsistent with'such Master Landscape Statement. The Revised Utility Plan set forth in Appendix B to this Third Amendment shall supplement the Utility Plan prepared by SDI Consultants dated August 8, 1990 set forth in Appendix C of the Second Amendment to the extent said Revised Utility Plan is inconsistent with said original Utility Plan. It is understood that the building and parking setback requirements of the Concept Plan are modified to the extent necessary to accommodate the existing placement of the clubhouse building. In addition, Owner agrees that the required parking stall size for the health club and day care uses on the Clubhouse shall be 9 feet in width by 19-feet in length, but the 8 1/2 by 18 feet requirement in the Existing Annexation Agreement shall continue to apply to the remainder of the Undeveloped Property and to any redevelopment of the Clubhouse Property for uses other than health club and day care. 9070219 Ver 2 10!6!92 15:09 -4- 3258534 8 All references in the Annexation Agreement to the "Concept Plan" shall include the above modifications. (If Owner and Developer cease to use the existing facilities on the Clubhouse Property and cause such facilities to be removed, then the Owner and Developer may proceed under the Concept Plan as set forth in the Second Amendment without the requirement of further amendments to the Annexation Agreement.) 4. Preliminary and Final Plan Approval. Concurrently herewith the Developer has requested and the Village shall adopt an ordinance amending the I -1 /PUD Ordinance for the Property to incorporate the aforementioned revisions to the Concept Plan and to grant to the Developer Preliminary and Final Development Plan approval (as defined by Section 12.9 -3 and 12.9 -6 of the Village Zoning Ordinance) for the renovation and use of the existing facilities on the Clubhouse Property for such day care and health club uses, all pursuant to the plans and testimony presented to the Plan Commission and Board of Trustees. Said I -1 /PUD Ordinance shall permit and authorize development of the Property in accordance with the approved Preliminary and Final Plans, and shall grant such variations as may be required to implement said Preliminary and Final Development Plan. Said I -1 /PUD Ordinance may be amended in accordance with the Village's Planned Unit Development procedures without amending the Annexation Agreement so long as such amendments are reasonably consistent with the Concept Plan. 5. Reaffirmation. All of the terms, conditions, agreements and provisions set forth in the Annexation Agreement, as hereby amended, shall be and they hereby are reaffirmed, ratified, confirmed in their entirety and incorporated herein by reference as if fully set forth herein. 6. Trustee's Exculpation. This Agreement is executed by the Trustee as trustee. No personal liability under this Agreement shall be asserted against said trustee, all such personal liability being expressly waived and any liability for a breach of this Agreement or any of the covenants, undertakings 9070219 Ver 2 10/6/92 15:09 --9- 3258534 9 and warranties herein contained, shall be asserted solely against the Property owned by the Trustee and against the other parties to this Agreement. 7. Counterparts. This Agreement may be executed in any number of counterparts each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 8. LPEAL Recourse. Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited) ( "Diverse "), the managing general partner of Developer, is organized as a Delaware limited partnership. Notwithstanding anything else contained herein to the contrary, the Village shall look solely to the assets of Diverse for satisfaction of any liabilities or obligations of Diverse (as general partner of Developer or otherwise) under the Annexation Agreement, and no constituent partner in Diverse shall be personally liable for any such liabilities or obligations. This Paragraph 8 shall not diminish any liability which Deerfield- Saunders Joint Venture or Deerfield- Saunders Joint Venture's constituent general partners may have for the obligations of Developer under this Agreement or the Existing Annexation Agreement. IN WITNESS WHEREOF, the Village, the Developer and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. PlYlage Clerk' lift VILLAGE OF DEERFIELD, an Illinois municipal corporation By: Title: MAMP, �- DEERFIELD-SAUNDERS JOINT VENTURE, an Illinois general partnership By: Diverse Real Estate Holdings Limited Partnership (formerly known as LP Equity Associates Limited), its managing general partner By Tit e: 9070219 Ver 2 a/26/92 13:49 —6— 3258534 ID Attest: Title: Attest: Title: Attest: Title - �r Attest: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated September 18 1984 and known as Trus"; ,'42J58 By. Title: AMERICAN N*IONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated October 4, 1985 and known as Trust NoA 0708 BY: T AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated March 6, 1986 nd known as Trust o. 6 026 By: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, not individually but as Trustee under a Trust Agreement dated November ,.�, n�88 and. known as Trust ;A I 70087"5 By: Title: Prepared by (and when recorded return to): Ivan P. Kane MAYER, BROWN & PLATT 190 South LaSalle Street Chicago, Illinois 60606 (312) 782 -0600 9070219 Ver 2 8/26/92 13:49 -7- 3258534 STATE OF ILLINOIS SS. COUNTY OF LAKE I, S i9R.0 J iV CR.OM/F'_ , a notary public in and for said CotAnty, in the State aforesaid, DO HEREBY CERTIFY THAT E/1rJRR13 FQR�2�ST , personally known to me to be the President of the Village of Deerfield, an Illinois municipal corporation, and the h, ,cRAAjz_ , personally known to me to be the Zopety Village Clerk of said Village, 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 Deputy Village Clerk, they signed and delivered the said instrument as President and Deputy Village Clerk of said Village, and caused the corporate seal of said Village to be affixed thereto, pursuant to authority given by the Board of Trustees of said Village, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. I N under my hand and notarial seal this — day of © , 1992. �. .... ^r., [SEAL] O';VALC:AL My Commission Expires: SHAROU K CROMIE NOTARY PUBLIC STATE OF ILLINOIS COMMISSION EXP FE8.23,1995 3258534 is 9070219 Ver 2 8/26192 13:49 STATE OF ILLINOIS ) COUNTY OF ��-" SS. I, X9.7- #L r" &-,C/ E % a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT D, Ui D /�, L L 67 /--� /f , personally known to me to be the Vice President of DIVERSE REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, a Delaware limited partnership, a general partner in DEERFIELD- SAUNDERS JOINT VENTURE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that on behalf of said general partner he signed and delivered the said instrument pursuant to authority given by the partners of DEERFIELD - SAUNDERS JOINT VENTURE, as his free and voluntary act, and as the free and voluntary act and deed of said joint venture and said partnership, for the uses and purposes therein set forth. G YEN under my hand and notarial seal this, ;� day of aAi , 1992. My Commission Expires: 3258534 13 9070219 Ver 2 8/26/92 13:49 Notary Public [SEAL] "OFFICIAL SEAL" ► Kathleen E. De Vries ► WHY flit Cock Counq, State Of Rib ► Commission Expires 1128194 i STATE OF ILLINOIS ) SS. COUNTY OF LAKE ) I, Pamela A. Csikos , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the�rA President of American National Bank and Trust Company of Chica -Jo, a national banking association which is a �T u tee of the aforesaid Trust No. 62256, and JUDITH B. CRAVN personally known to me to be the "` L °` of said association, 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 yjW " esident and �� , • -' .IEC; ,ETARY , they signed and delivered the said instrument as V10 President and s:>>, ^F ?,4RY of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this�T lday of , 1992. My Commission Expires: 3258534 9070219 Ver 2 8/26/92 13:49 [SEAL] STATE OF ILLINOIS SS. COUNTY OF LAKE I, Pamela A. Csik;.; , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT :l . MICHAL WT:7T.AV , personally known to me to be the VICE President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 66526, and JUDITH B. CRAVEN personally known to me to be the ASSISTANT SECRETAAV of said association, 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 severall� acknowledged that as such g�CE President and ASSISTANT SECREW . , they signed and delivered the said instrument as VICE President and A�'66Jtirl SEC�Fi :7. of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. OCT 0 8 1992 GIVEN under my hand and notarial seal this day of , 1992. F!/ M... • l [SEAL] My Commission Expires: I _ "FIOAL SEAL° ANN CSIKQS [PA-MTLA , ?u - c, state of Illincrs om.rission Expires 5/?/9Ei 1 10' lypdPi1. 3258534 1S 9070219 Vey 2 8/26/92 13:69 STATE OF ILLINOIS SS. COUNTY OF LAKE I" Pamela A. Csikos , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT J. j11C9AEL WlIL A.J , personally known to me to be the President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 65708,, and_ JUDITH B. CRAVE. known to me to be the ''' =`' of said association, 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 F'iC President and "�='' ' -' , they signed and 'Y delivered the said instrument as '41 ''": President and of said association, ''and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. OCT 0 8 ]9J GIVEN under my hand and notarial seal this y of 1992. No ry Public [SEAL) My Commission Expires: Wo f �rFii'r:_ 325gs3� 9070219 Ver 2 8/26/92 13:49 STATE OF ILLINOIS SS. COUNTY OF LAKE I, Pamela A Cglkng , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT •;T. ?`'.CH.AF,L W1..1- T'W , personally known to me to be the a' President of American National Bank and Trust Company of Chicago, a national banking association which is a Trustee of the aforesaid Trust No. 107008 -05, and JUDITH B. CRAVEN personally known to me to be the ;' .- of said association, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared befoge me this day in person and severally acknowledged that as such-. President and , they signed and delivered the said instrument as %';rp President and of said association, and caused the corporate seal of said association to be affixed thereto, pursuant to authority given by the Board of Directors of said association, as their free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of , 1992. rAptne"AWMAMMIUM l . i� - - - -- My Commission Expires: 3258534 /7. 9070219 Ver 2 8/26/92 13:49 [SEAL) a �� LIST OF APPENDICES APPENDIX A - Legal Description of the Clubhouse Property APPENDIX B - (a) Master Plan prepared by Hammond Beeby and Babka Incorporated dated August 8, 1990 and revised April 6, 1992 (b) Site and Utility Plan prepared by SDI Consultants, Ltd., dated July 6, 1992 and last revised on August 10, 1992 3258534 9070219 Ver 2 10/6/92 11:57 APPENDIX A j&gal Description That part of the North West 1/4 of Section 31, Township 43 North, Range 12, East of the Third Principal Meridian, described as follows: Beginning at the point of intersection of the easterly line of Saunders Road according to the plat of survey thereof recorded as Document 988996 and the north line of Lot 17 in Vernon Ridge Country Home Subdivision according to the plat thereof recorded as Document 241933 on June 25, 1924; thence east along said north line of Lot 17, 357.21 feet, more or less, to the north east corner of said Lot 17; thence north along the west line of Lot 16 in said Vernon Ridge Country Home Subdivision 61.05 feet, more or less, to the north west corner thereof; thence east along the north line of said Lot 16, 225.00 feet, more or less, to the north east corner thereof; thence north along the east line of said Lot 16 projected straight north 213.95 feet; thence east along a line parallel with the north line of said Vernon Ridge Country Hone Subdivision 525.00 feet; thence north along a line parallel with said east line of Lot 16, 300.00 feet; thence west along a line parallel with said north line of Vernon Ridge Country Hone Subdivision 1059.06 feet, more or less, to the aforenertionea easterly line of Saunders Road and thence southerly along said easterly line of Saunders Road to the point of beginning, in Lake County, Illinois. Parkwav 1,'orth Center Deerfield, Illinois 16 -31 -100 -001 16 -31 -100 -013 3258534 /I C t0 co —i a H S-1 Q� Z 4-J W U) a E 4 c� Aooz- ' • V fir'..+- '- V "yJ {��,, MASTER PLAN PARK WAY NORTH CENTER j i t l i �. ,i im t7: ru a_ —11 —DIN: \C0 Ren L J, 7 41 1 P—IK aw. A L—t.m" fol I ji QZ3 SAU#XRS Aa40 7, 7 % REVISIONS r -7 . THORNGATE COUNTRY CLUB 1.7 SITE AND UTILITY PLAN SIDJ 7` CLUBHOUSE two