R-95-12RESOLUTION NO. 0 -95- 12
RESOLUTION
APPROVING INTERGOVERNMENTAL AGREEMENT
WHEREAS,-the Village of Deerfield is a home'rule unit of
local government by virtue of the provisions of the Illinois
Constitution of 1970;
WHEREAS, the Village of Deerfield desires to enter into an
intergovernmental agreement with the Village of Northbrook to
establish certain municipal jurisdiction boundaries and to
provide for responsible and compatible land use, planning and
administration within the area generally known as the Lake -Cook
Road Corridor;
WHEREAS, in furtherance thereof, the Village of Northbrook
and the Village of Deerfield have reviewed, considered and agreed
to adopt jointly a Local Land Resource Management Plan containing
certain annexation, land resource management and zoning standards
to be enforced within the Lake -Cook Road Corridor that form a
necessary basis for the proper development or redevelopment of
the Lake -Cook Road Corridor and the public facilities that will
be affected and impacted thereby;
WHEREAS, the Village of Deerfield has the power and
authority to enter into this Agreement pursuant to its home rule
powers the provisions of the Local Land Resource Management
Planning Act and the Illinois Intergovernmental Cooperation Act;
and
WHEREAS, after full consideration of all intergovernmental
issues affecting this matter, the Village of Deerfield has
determined that it is in the best interest of the public welfare
of the Village of Deerfield and the residents thereof that the
Village of Deerfield enter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Corporate Authorities
of the Village of Deerfield, Lake and Cook Counties, Illinois as
follows:
SECTION That the proposed Lake -Cook Road Corridor
ONE: Agreement attached to this Resolution and made a
part hereof as Exhibit "A" and entitled "Lake -Cook
Road Corridor Agreement" between the Village of Northbrook and
the Village of Deerfield meets the aims and objectives of both
communities as more fully set forth in the foregoing recitals.
JKS \54076.1 7/10/95
RESOLUTION NO. 0 -95 -12
RESOLUTION
APPROVING INTERGOVERNMENTAL AGREEMENT
SECTION That the Village President and Village Clerk are
TWO: hereby directed to execute the attached Lake -Cook
Road Corridor Agreement for and on behalf of the
Village of Deerfield.
SECTION That this Resolution shall be in full force and
THREE: effect from and after its passage and approval in
the manner provided by law.
AYES: Ehlers, Heuberger,
NAYS: None (0)
ABSENT: Swanson (1)
PASSED this 17th day of
APPROVED this 17th day of
ATTEST:
VILI.MGE CLERK
JKS\54076.1 7/10/95
Rosenthal, Seidman, Swartz (5)
Jul
Jul
A.D., 1995.
A.D., 1995.
GC AJ
ILLAGE PRESIDENT
R- 9s -i.3
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into.as
of the day of , 19951 by and between the
VILLAGE OF NORTHBROOK, an Illinois home rule municipal
corporation ( "Northbrook'!), and the VILLAGE OF DEERFIELD, an
Illinois home rule municipal corporation ( "Deerfield ").
IN CONSIDERATION OF the recitals and mutual covenants and
agreements set forth herein, the receipt and sufficiency of which
are hereby acknowledged and agreed to by Northbrook and
Deerfield, the parties hereto agree as follows:
A. Northbrook and Deerfield are home rule units of local
government by virtue of the provisions of the Illinois
Constitution of 1970.
B. Northbrook and Deerfield desire to establish certain
municipal jurisdiction boundaries and to provide for responsible
and compatible land use planning and administration within the
area generally known as the Lake -Cook Road Corridor.
C. Northbrook and Deerfield desire to resolve outstanding
matters and provide comprehensive solutions to issues concerning
annexation, zoning, and land use management standards for the
Lake -Cook Road Corridor.
D. Northbrook and Deerfield desire to limit and mitigate
the potential adverse impacts of the development or redevelopment
of certain parcels hereinafter described along the Lake -Cook Road
Corridor on local roads and traffic.
E. Northbrook and Deerfield desire to establish a
foundation for ongoing communication, cooperation and
consultation on matters of mutual interest.
. F. In furtherance of the aforesaid objectives, Northbrook
and Deerfield have reviewed, considered, and agreed to adopt
jointly a Local Land Resource Management Plan containing certain
annexation, land resource management, and zoning standards to be
enforced within the Lake -Cook Road Corridor that form a necessary
basis for the proper development or redevelopment of the
Lake -Cook Road Corridor and the public facilities that will be
affected and impacted thereby.
G. Northbrook and Deerfield intend that this Agreement,
including the Exhibits incorporated herein and any ordinances and
resolutions adopted, and agreements executed, pursuant to this
Agreement shall constitute a Local Land Resource Management Plan
1
containing, and providing for enforcement of, annexation and land
resource management and zoning standards applicable to the
Lake-Cook-Road Corridor.
H. Northbrook and Deerfield have the power and authority
to enter into this Agreement pursuant to their respective home
rule powers; the provisions of Article VII, Section 10 of the
Illinois Constitution of 1970; the Local Land Resource Management
Planning Act„ 50 ILCS 805/1 et seq.; and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
I. After full consideration of all annexation, planning
and intergovernmental issues affecting this matter, Northbrook
has determined that it is in the best interests of the public
welfare of Northbrook in general and the property owners and
residents in and around the Lake -Cook Road Corridor in particular
to enter into this Agreement.
J. After full consideration of all annexation, planning
and intergovernmental issues affecting this matter, Deerfield has
determined that it is in the best interests of the pubic welfare
of Deerfield in general and the property owners and residents in
and around the Lake -Cook Road Corridor in particular to enter
into this Agreement.
Whenever used in this Agreement, the following terms shall
have the following meanings unless a different meaning is
required by the context:
"Baxter North Parcel ". The unincorporated developed real
estate located generally east of Sanders Road, west of the I -294
Tri -State Tollway, and north of the Baxter South Parcel, as
depicted on Exhibit A.
"Baxter South Parcel ". The unincorporated undeveloped real
estate located generally east of Sanders Road, west of the I -294
Tri -State Tollway, north of Lake -Cook Road, and south of the
Baxter North Parcel, as depicted on Exhibit A.
"By-ookside—Shopp -ina_ Center /Hanekamp Funeral Home Parcels".
The unincorporated developed real estate located generally east
of Waukegan Road, west of the Picardy East Townhouse Development
Parcel, north of the I -94 Tollway Spur, and south of the
Glenbrook Countryside Estates Parcel, as depicted on Exhibit A.
"Deerfield Zoning Ordinance ". The Deerfield Zoning
Ordinance, 1978, as the same has been and may, from time to time
hereafter, be amended.
2
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"Glenbrook Countryside Estates Parcel ". The unincorporated
developed real estate located generally east of Waukegan Road,
west of the Courts of Northbrook. Residential Development, north
of the I -94 Tollway Spur, and south of Lake -Cook Road, as
depicted on Exhibit A.
"LaSalle and Surrounding Parcels ". The unincorporated'
undeveloped parcels of real estate located generally east of the
office building located at the southeast corner of Lake -Cook Road
and Sanders Road, west of the I -294 Tri -State Tollway, and south
of Lake Cook Road, as depicted on Exhibit A.
"Municipal Services ". Services provided by municipalities
for the.benefit of real estate and the occupants thereof that are
in the nature of public utilities, including, without limitation,
such services as water supply, 'storm sewer, sanitary sawer, cable
television, and residential refuse collection, but not including
police, fire, and emergency medical and paramedic services.
"Northbrook Zoning Code ". The Village of Northbrook Zoning
Code, 1988, as the same has been and may, from time to time
hereafter, be amended,
"Picardy East Townhouse Development Parcel ". The
unincorporated developed real estate located generally east of
the Brookside Shopping Center /Hanekamp Funeral Home Parcels,
north of the I -94 Tollway Spur, and south of the Glenbrook
Countryside Estate Parcel, as depicted on Exhibit A.
"Red Roof Inn Agreement ". That certain Agreement dated
January 28, 1987, by and between Northbrook and Red Roof Inn,
Inc. and attached hereto as Exhibit B. .
"Red Roof Inn Parcel ". The unincorporated developed real
estate located generally north of the I -94 Tollway Spur and west
of Waukegan Road, as depicted on Exhibit A.
"Waukegan Road Triangle Parcel ". The unincorporated
undeveloped triangular - shaped real estate located generally east
of the Chicago, Milwaukee, St. Paul, and Pacific Railroad line,
south of the I -94 Tollway Spur, west of Waukegan Road, and north
of that certain property owned by the Cook County Forest Preserve
District, as depicted on Exhibit A.
SECTION 3. UNINCORPORATED
TERRITORY
IN THE LAKE-COOK ROAD
CORRIDOR.
A. • • •
Countryside
3
1. Annexatio
voluntary or involuntary
portion of the Glenbrook
shall not object to the
Northbrook of all.or any
Estates Parcel.
Q. Northbrook shall not object to the
annexation by Deerfield of all or any
Countryside Estates Parcel. Deerfield
voluntary or involuntary annexation by
portion of the Glenbrook Countryside
2. Development Upon Annexation by Northbrook or
Deerfield. Neither Northbrook nor Deerfield shall, upon
annexation, permit any use, development, or redevelopment of all
or any portion of the Glenbrook Countryside Estates Parcel that
is inconsistent with, or that would allow for an increase in the
number of, the single family detached dwelling units allowed
pursuant to the Cook County Zoning Ordinance regulations
applicable to the Glenbrook Countryside Estates Parcel as of the
Effective Date of this Agreement.
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the Glenbrook Countryside Estate Parcel seeks to use,
develop, redevelop, or expand all or any portion of such Parcel
in unincorporated Cook County or in a municipality other than
Northbrook or Deerfield in a manner inconsistent with the terms
and conditions set forth in Paragraph 3A2 of this Agreement,
Northbrook and Deerfield shall take all necessary . actions to
register objections to such use, development, redevelopment, or
expansion with the governmental agencies and officials with
jurisdiction thereof and shall cooperate with each other in
pursuing such objections, Neither Northbrook nor Deerfield shall,
directly or indirectly, take any action, including specifically,
but without limitation, the provision of Municipal Services to
all or any portion of the Glenbrook Countryside Estates Parcel,
to support or allow any use, development, redevelopment, or
expansion of the Glenbrook Countryside Estates Parcel that is in
any manner inconsistent with the terms and conditions set forth
in Paragraph 3A2 of this Agreement.
' • W T61911 ITO - 9- - 00 1� -� '
1.' Annexation. Northbrook shall not object to the
voluntary or involuntary annexation by Deerfield of all or any
portion of Picardy East Townhouse Development Parcel. Deerfield
shall not object to the voluntary or involuntary annexation by
Northbrook of all or any portion of Picardy East Townhouse
.Development Parcel.
2. Development Upon Annexation by Northbrook or
Deerfield. Neither Northbrook nor Deerfield shall, upon
annexation, permit any use, development, or redevelopment of all
or any portion of the Picardy East Townhouse Development Parcel
that.is inconsistent with, or that would allow for an increase in
the number of, the residential townhouse dwelling units that
4
exist on the Picardy East Townhouse Development Parcel as of the
Effective Date of this Agreement.
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the Picardy East Townhouse Development Parcel seeks to
use, develop, redevelop, or expand all or any portion.of such
Parcel in unincorporated Cook County or in a municipality other
than Northbrook or Deerfield in a manner inconsistent with the
terms and conditions set forth in Paragraph 3B2 of this
Agreement, Northbrook and Deerfield shall take all necessary
actions to register objections to such use, development,
redevelopment, or expansion with the governmental agencies and
officials with jurisdiction thereof and shall cooperate with each
other in pursuing such objections. Neither Northbrook nor
Deerfield shall, either directly or indirectly, take any action,
including specifically, but without limitation, the provision of
Municipal Services to all or any portion of the Picardy East
Townhouse Development Parcel, to support or allow any use,
development, redevelopment, or expansion of the Picardy East
Townhouse Development Parcel that is in any manner inconsistent
with the terms and conditions set forth in Paragraph 3B2 of this
Agreement.
1. Annexation. Deerfield shall not object to the
voluntary or involuntary annexation by Northbrook of all or any
portion of the Brookside Shopping Center /Hanekamp Funeral Home
Parcels. Deerfield shall neither voluntarily nor involuntarily
annex all or any portion of the Brookside Shopping
Center /Hanekamp Funeral Home Parcels, nor shall Deerfield
provide, or offer to provide, Municipal Services to all or any
portion of the Brookside Shopping Center /Hanekamp, Funeral Home
Parcels.
2. Development Upon Annexation by Northbrook. Upon
annexation, Northbrook shall not permit any use, development, or
redevelopment of all or any portion of the Brookside Shopping
Center /Hanekamp Funeral Home Parcels other than general retail
and business uses of the type and intensity existing on the
Brookside Shopping Center /Hanekamp Funeral Home Parcels as of the
Effective Date of this Agreement. Notwithstanding the foregoing,
Northbrook may approve a plan for a new or different use,
development, or redevelopment of the Brookside Shopping
Center /Hanekamp Funeral Home Parcels, if, and only if (a) such
plan is approved in advance by the Deerfield Corporate
Authorities by resolution duly adopted; and (b) such plan
includes improvements to the Waukegan Road access to the
Brookside Shopping Center /Hanekamp Funeral Home Parcels,
including specifically, but without limitation, a dedicated left
5
turn lane from Waukegan Road to the Brookside Shopping
Center /Hanekamp Funeral Home Parcels.
3. Development in Other Circumstances. In the event
that an owner or other party with interest in all or any portion
of the Brookside Shopping Center /Hanekamp Funeral Home Parcels
seeks to use, develop, redevelop, or expand all or any portion of
such Parcels in unincorporated Cook County or in a municipality
other than Northbrook in a manner inconsistent with the terms and
conditions set forth in Paragraph 3C2 of this Agreement,
Northbrook and Deerfield shall take all necessary actions to
register objections to such use, development, redevelopment, or
expansion with the governmental agencies and officials with
jurisdiction thereof and shall cooperate with each other in
pursuing such objections. Neither Northbrook nor Deerfield
shall, directly or indirectly, take any action, including
specifically, but without limitation, the provision of Municipal
Services to all or any portion of the Brookside Shopping
Center /Hanekamp Funeral Home Parcels, to support or allow any
use, development, redevelopment, or expansion of the Brookside
Shopping Center /Hanekamp Funeral Home Parcels that is in any
manner inconsistent with the terms and conditions set forth in
Paragraph 3C2 of this Agreement.
1. Annexation. Northbrook shall not object to the
voluntary or involuntary annexation by Deerfield of all or any
portion of the Red Roof Inn Parcel, Northbrook shall neither
voluntarily nor involuntarily annex all or any portion of the Red
Roof Inn Parcel and Northbrook specifically waives hereby its
rights pursuant to the Red Roof Agreement to require annexation
to Northbrook. Nor shall Northbrook provide, or offer to provide,
Municipal Services to all or any portion of the Red Roof Inn
Parcel.
2. Development. Upon annexation, Deerfield shall not
permit any use, development, or redevelopment of all or any
portion of the Red Roof Inn Parcel that is inconsistent with the
terms, conditions, and provisions of the Red Roof Inn Agreement.
3. Development in Other Circumstances. In the event
that an owner.or other party with interest in all or any portion
of the Red Roof Inn Parcel seeks to use, develop, redevelop, or
expand all or any portion of such Parcel in unincorporated Cook
County or in a municipality other than Deerfield in a manner
inconsistent with the terms and conditions set forth in Paragraph
3D2 of this Agreement, Northbrook and Deerfield shall take all
necessary actions to register objections to such use,
development; redevelopment, or expansion with the governmental
agencies and officials with jurisdiction thereof and shall
cooperate with each other in pursuing such objections. Neither
2
Northbrook nor Deerfield shall, directly or indirectly, take any
action, including specifically, but without limitation, the
provision of Municipal Services to all or any portion of the Red
Roof Inn Parcel, to support or allow any use, development, or
redevelopment of the Red Roof Inn Parcel that is in any manner
inconsistent with the terms and conditions set forth in Paragraph
3D2 of this Agreement.
1. Annexation. Deerfield shall not object to the
voluntary or involuntary annexation by Northbrook of all or any
portion of the Waukegan Road Triangle Parcel, Deerfield shall
neither voluntarily nor involuntarily annex all or any portion of
the Waukegan Road Triangle Parcel, nor shall Deerfield provide or
offer to provide Municipal Services.to all or any portion of the
Waukegan Road Triangle Parcel.
2. Development Upon Annexation by Northbrook. Upon
annexation, Northbrook shall not permit any use, development, or
redevelopment of all or any portion of the Waukegan Road Triangle
Parcel that is inconsistent with the terms, conditions, and
provisions of Article VII (industrial Districts) of the
Northbrook Zoning Code.
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the Waukegan Road Triangle Parcel seeks to use,
develop, redevelop, or expand all or any portion of such Parcel
in unincorporated Cook County or in a municipality other than
Northbrook, in a manner inconsistent with the terms and
conditions set forth in Paragraph 3E2 of this Agreement,
Northbrook and Deerfield shall take all necessary actions to
register objections to such use, development, redevelopment, or
expansion with the governmental agencies and officials with
jurisdiction thereof and shall cooperate with each other in
pursuing such objections, Neither Northbrook nor Deerfield shall,
directly or indirectly, take any action, including specifically,
but without limitation, the provision of Municipal Services to
all or any portion of the Waukegan Road Triangle Parcel, to
support or allow any use, development, redevelopment, or
expansion of the Waukegan Road Triangle Parcel that is in any
manner inconsistent with the terms and conditions set forth in
Paragraph 3E2 of this Agreement.
• _ 1. F-4 I.
1. Annexation. Deerfield shall not object to the
voluntary or involuntary annexation by Northbrook of all or any
portion of the LaSalle and Surrounding Parcels. Deerfield shall
neither voluntarily nor involuntarily annex all or any portion of
the LaSalle and Surrounding Parcels,,nor shall Deerfield provide
7
or offer to provide Municipal services to all or any portion of
the LaSalle and Surrounding Parcels.
2. Development Upon Annexation by Northbrook. Upon
annexation, Northbrook shall not permit any use, development,
redevelopment, or expansion of all or any portion of the LaSalle
and Surrounding Parcels that is inconsistent with the following:
a. Principal Uses. Residential, institutional
(including nursing homes and senior citizen housing), and low
density office, research, and warehouse.
b. Accessory Uses. Any use that is subordinate
and accessory to, and is in common ownership or control with, a
principal use including specifically, but without limitation,
associated retail and restaurant uses; provided, however, that
such accessory uses shall not utilize more than 10 percent of the
gross floor area occupied by the principal use.
(1) Maximum height
appurtenances):
feet, whichever
(including all roof
three stories or 45
is less;
(2) Maximum Floor Area Ratio ( "FAR ") (as
defined in Subsection 12 -206F of the
Northbrook Zoning Code; provided,
however, that "gross floor area" shall
include structured parking facilities):
.30; and
(3) Maximum impervious surface coverage: 50
percent.
(4) No off- street parking or buildings shall
be located within 40 feet of the Sanders
Road or Lake Cook Road rights -of -way,
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the LaSalle and Surrounding Parcels seeks to use,
develop, redevelop, or expand all or any portion of such Parcels
in unincorporated Cook County or in a municipality other than
Northbrook in a manner inconsistent with the terms and conditions
set forth in Paragraph 3F2 of this Agreement, both Northbrook and
Deerfield shall take all necessary actions to register objections
to such use, development, redevelopment, or expansion with the
governmental agencies and officials with jurisdiction thereof and
shall cooperate with each other in pursuing such objections.
Neither Northbrook nor Deerfield shall, directly or indirectly,
take any action, including specifically, but without limitation,
8
the provision of Municipal Services to all or any portion of the
LaSalle and Surrounding Parcels, to support or allow any use,
development, redevelopment, or expansion of the LaSalle and
Surrounding Parcels that is in any manner inconsistent with the
terms and conditions set forth in Paragraph 3F2 of this
Agreement.
1. Annexation. Northbrook shall not object to the
voluntary or involuntary annexation by Deerfield of all or any
portion of the Baxter North Parcel, Northbrook shall neither
voluntarily nor involuntarily annex all or any portion of the
Baxter North Parcel, nor shall Northbrook provide or offer to
provide Municipal Services to all or any portion of the Baxter
North Parcel.
2. Development Upon Annexation by Deerfield. Upon
annexation, Deerfield shall not permit any use, development,
redevelopment, or expansion of all or any portion of the Baxter
North Parcel that is inconsistent with the office use of the
height, type and intensity of that which exists on the Baxter
North Parcel as of the Effective Date of this Agreement.
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the Baxter North Parcel seeks to use, develop,
redevelop, or expand all or any portion of such Parcel in
unincorporated Lake County or in a municipality other than
Deerfield in a manner inconsistent with the terms and conditions
set forth in Paragraph 3G2 of this Agreement, both Northbrook and
Deerfield shall take all necessary actions to register objections
to such use,'development, redevelopment, or expansion with the
governmental agencies and officials with jurisdiction thereof and
shall cooperate with each other in pursuing such objections.
Neither Northbrook nor Deerfield shall, directly or indirectly,
take any action, including specifically, but without limitation,
the provision of Municipal Services to all or any portion of the
Baxter North Parcel, to support or allow any use, development,
redevelopment, or expansion of the Baxter North Parcel that is in
any manner inconsistent with the terms and conditions set forth
in Paragraph 3G2 of this Agreement, except as may be provided in
that certain Water Agreement dated as of February 4 1985 ( "Water
Agreement ") and to which Deerfield and an affiliate of Baxter are
parties.
1. Annexation. Northbrook shall not object to the
annexation by Deerfield of all or any portion of the Baxter South
Parcel, Northbrook shall neither voluntarily nor involuntarily
annex all or any portion of the Baxter South Parcel, nor shall
E
Northbrook provide or offer to provide Municipal Services to all
or any portion of the Baxter South Parcel.
2.. Development Upon Annexation by Deerfield. Upon
annexation, Deerfield shall not permit any use, development,
redevelopment, or expansion of all or any portion of the Baxter
South Parcel that is inconsistent with the following:
a. Principal Uses: Residential, institutional
(including nursing homes and senior citizen housing), and low
density office, research, and warehouse.
.b. Accessory Uses: Any use that is subordinate
and accessory to, and is in common ownership with, a principal
use including specifically, but without limitation, associated
retail and restaurant uses, provided, however, that such
accessory uses shall not utilize more than 10 percent of the
gross floor area occupied by the principal use.
(1) Maximum height
appurtenances):
feet, whichever
(including all roof
three stories or 45
is less;
(2) Maximum Floor Area Ratio ( "FAR ") (as
defined in Subsection 12 -206F of the
Northbrook Zoning Code; provided,
however, that "gross floor area" shall
include structured parking facilities)
.30; and
(3) Maximum impervious surface coverage: 50
percent.
(4) No off - street parking or buildings shall
be located within 40 feet of the
Saunders Road or Lake Cook Road
rights -of -way,
3. Development in Other Circumstances. In the event
that an owner or other party with an interest in all or any
portion of the Baxter South Parcel seeks to use, develop,
redevelop, or expand all or any portion of such Parcel in
unincorporated Lake County or in a municipality other than
Deerfield in a manner inconsistent with the terms and conditions
set forth in Paragraph 3H2 of this Agreement, both Northbrook and
Deerfield shall take all necessary actions to register objections
to such use, development, redevelopment, or expansion with the
governmental agencies and officials with jurisdiction thereof and
shall cooperate with each other in pursuing such objections.
10
Neither Northbrook nor Deerfield shall, directly or indirectly,
take any action, including specifically, but without limitation,
the provision of Municipal Services to all or any portion of the
Baxter South Parcel, that is in any manner inconsistent with the
terms and conditions set forth in Paragraph 3H2 of this
Agreement, except as may be provided in that certain Water
Agreement dated as of February 4 1985 ( "Water Agreement ") and to
which Deerfield and an affiliate of Baxter are parties.
SECTION 4_ SERVICING OF LAKE COOK CORRIDOR.
The parties agree that police protection and response shall
be provided to the Lake -Cook Corridor in accordance with any
joint agreements and directives of the respective Village
Managers and Chiefs of Police of Northbrook and Deerfield.
SECTION 5. SPIRIT OF COOPERATION.
A. Continued Cooperation. The parties agree to continue
to cooperate and work together to promote and achieve the goals
of this Agreement.
B. County Participation. The parties agree to work
cooperatively and collectively to have the County of Lake and the
County of Cook become parties to this Agreement and to otherwise
take such actions as are necessary to ensure that the Lake -Cook
Road Corridor is used and developed in a.manner that is
consistent with the terms and provisions of this Agreement.
C. Annual Meeting. The Northbrook Village President and
Village Manager, or their designees, and the Deerfield Village
President and Village Manager or their designees, shall meet
together annually during the month of each annual anniversary of
the Effective Date of this Agreement for the purpose of, but not
necessarily limited to, discussing the use and development of the
Lake -Cook Road Corridor and the progress of achieving the goals
and purposes of this Agreement.
Northbrook and Deerfield do hereby agree to notify each
other of, and prior to, any annexation or zoning action taken by
each Village,.respectively, with respect to those parcels
identified in Section 3 hereof.
If necessary, Northbrook shall amend the Northbrook Zoning
Code, Deerfield shall amend the Deerfield Zoning Ordinance, and
both parties shall amend their official zoning maps and
comprehensive plans to the maximum extent possible to reflect the
11
understandings and agreements reached by the parties in this
Agreement.
If, during the term of this Agreement, any lawsuits or
proceedings are filed or initiated against either party before
any court, commission, board, bureau, agency, unit of government
or sub -unit thereof, arbitrator, or other instrumentality, that
may materially affect or inhibit the ability of either party to
perform its obligations under, or otherwise to comply with, this
Agreement (the "Litigation "), the party against which the
Litigation is filed or initiated shall promptly deliver a copy of
the complaint or charge related thereto to the other party and
shall thereafter keep the other party fully informed concerning
all aspects of the Litigation. Such other party may join in the
Litigation in the manner and to the extent provided by law.
Northbrook and Deerfield do hereby further agree to use their
collective and respective best efforts to defend against all
Litigation and to otherwise defend the validity of this
Agreement, and all ordinances and resolutions adopted and
agreements executed pursuant to this Agreement, including every
portion thereof and every approval given, and every action taken,
pursuant thereto. For each party, such best efforts shall
include at least retaining competent legal counsel; providing
testimony when so requested; hiring or sharing in the cost of
expert witnesses. Deerfield shall have the right to select legal
counsel for Litigation concerning any parcel annexed, or
contemplated herein to be annexed, to Deerfield, Northbrook shall
have the right to select legal counsel for litigation concerning
any.parcel annexed, or contemplated herein to be annexed, to
Northbrook. In addition to the foregoing, both parties shall
have the right to retain, at its own expense, its own independent
legal counsel for any matter.
A. Remedies. In the event of a breach or an alleged
breach of.this Agreement by either party, either party may, by
suit, action, mandamus or any other proceeding, in law or in
equity, including specific performance, enforce or compel the
performance of this Agreement.
B. Notice and Cure. Neither party may exercise the right
to bring any suit, action, mandamus or any other proceeding
pursuant to Paragraph A of this Section without first providing
written notice to the other party of the breach or alleged breach
and allowing a period of 15 days for the curing of said breach or
alleged breach; provided, however, that in the event such
violation or failure cannot be cured within said 15 day period
notwithstanding diligent and continuous effort by the party
receiving notice and said party shall have promptly commenced to
12
cure the violation or failure and shall have thereafter
prosecuted the curing of same with diligence and continuity, then
the period for curing such violation or failure shall be extended
for such period as may be necessary for curing such violation
with diligence and continuity.
This Agreement shall be in full force and effect from and
after the date of its execution for a period of 50 years,
provided, however, that if such 50 year term shall be held
invalid, the term shall be the maximum term permitted by
applicable law as of the Effective Date of this Agreement or such
longer term as may be subsequently allowed. Unless the parties
shall otherwise agree in writing, if and to the extent permitted
by applicable law at any time during the term of this Agreement,
and after public hearing if required by state law, the term of
this Agreement shall be extended to the full extent from time to
time permitted by law without further action by the parties.
A. Complete Agreement; Supersedence. This Agreement and
the Exhibits attached hereto constitute the complete agreement of
the parties regarding the Lake -Cook Road Corridor and shall, as
of the Effective Date, supersede and nullify all prior drafts and
agreements concerning the Lake -Cook Road Corridor or any portion
thereof, other than the Red Roof Inn Agreement and the Water
Agreement referred to in Sections 3G3 and M.
B. Exhibits; Conflicts. Exhibits A and B attached to this
Agreement (the "Exhibits ") are incorporated herein and made a
part of this Agreement by this Subsection. In case of any
conflict among the provisions of this Agreement or of the
Exhibits, the provision that best promotes the intent of the
parties shall control.
C. ' Amendments. No amendment to or modification of this
Agreement shall be effective unless and until it is in writing
and is approved by the Northbrook Corporate Authorities and the
Deerfield Corporate Authorities, by resolutions duly adopted, and
executed and delivered by the authorized representatives of
Northbrook and Deerfield.
D. Notes. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing,
and shall be deemed delivered to and received by the addressee
thereof when delivered in person at the address set forth below,
or three business days after deposit thereof in any main or
branch United States Post. Office, certified or registered mail,
return receipt requested, postage prepaid, properly addressed to
the parties, respectively, as follows:
13
For notices and communications to Northbrook.
Village of Northbrook
1225 Cedar Lane
Northbrook, Illinois 60062
Attention: Village Manager
For notices and communications to Deerfield.
Village of Deerfield
850 Waukegan Road
Deerfield, Illinois 60015
Attention: Village Manager
By notice complying with the foregoing requirements of this
paragraph, each party shall have the right to change the address
or addressee or both for all future notices and communications to
such party, but no notice of change of address shall be effective
until actually received. .
E. Governing Law. This Agreement and the rights of the
parties hereunder shall be governed by, and construed,
interpreted, and enforced in accordance with, the internal laws,
and not the conflict of law rules of the State of Illinois.
F. Interpretation. This Agreement has been negotiated by
all parties and shall not be interpreted or construed against the
party drafting the Agreement.
G. Change in Laws. Unless otherwise explicitly provided
in this Agreement, any reference to laws, ordinances, rules, or
regulations of any kind shall include such laws, ordinances,
rules, or regulations of any kind as they may be amended or
modified from time to time hereafter.
H. Headings. The headings of the sections, paragraphs,
and other parts of this Agreement are for convenience and -
reference only and in no way define, extend, limit, or describe
the meaning, scope, or intent of this Agreement, or the meaning,
scope, or intent of any provision hereof.
I. Time of Essence. Time is of the essence in the
performance of all terms and provisions of this Agreement.
J. Nonseverability. It is the express intent of the
parties hereto that should any provision, covenant, agreement, or
portion of this Agreement or its application to any person,
entity, or property be held void, invalid, or unenforceable by a
court of competent jurisdiction, then this entire Agreement shall
thereupon be held invalid and of no force or effect, it being the
intent of the parties that all of the provisions of this
Agreement be treated as an individual whole.
14
K. No Third Party Beneficiaries. Nothing in this
Agreement shall create, or be construed to create, any third
party beneficiary rights in any person or entity not a signatory
to this Agreement.
L. Counterparts. This Agreement may be executed in any
number of multiple identical counterparts and all of said
counterparts shall, individually and taken together constitute
the Agreement.
.M. Effective Date. The "Effective Date" of this Agreement
shall be the date, on which this Agreement is recorded in the
office of the Recorder of Deeds of Cook and Lake County, as
required by state statutes. If either party to this Agreement
fails to execute this Agreement within 30 days after having been
notified in writing that the other party has executed this
Agreement, then, and in that event,.this Agreement shall be
deemed to have been rejected by the party failing to execute this
Agreement within said 30 -day period.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their duly authorized representatives as of the
date first'above written.
ATTEST:
Village Clerk
ATTEST:
age Cler
VILLAGE OF NORTHBROOK
By._,
Village Presidt-n%;
VILLAGE OF DEERFIELD
15
..- %residen
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
This instrument was acknowledged before me on ,
19_, by , the Village President of the VILLAGE OF
NORTHBROOK, an Illinois municipal corporation, and by
, the Village Clerk of said municipal corporation.
Signature of.Notary
SEAL:
My Commission expires:
16
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
This instrument was acknowledged before me on u'. ,
19�, by OFAAIA" dgA&EST the Village President of the VILLAGE OF
DEERFIELD, an Illinois municipal corporation, and by Ad&A- r 0•�XANL
the Village Clerk of said municipal corporation.
Signature of Notary
roMCIAL W
ownummle
SEAL: R*gPdk&eledl>l Mh
llb �donll:ple+a I+bh 49,1999
My Commission expires:
d
17
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