R-96-02�v
RESOLUTION NO: R -96 -02
RESOLUTION APPROVING ANNEXATION AGREEMENT
WHEREAS, Red Roof Inn, Inc., (hereinafter referred to as
"Owner ") is the owner of record of certain real estate, the legal
description of which is set forth in Exhibit A to the attached
Annexation Agreement; and
WHEREAS, pursuant to the provisions of 6S ILCS 51 11.15 -1.1,
et seq., of the Illinois Municipal Code, said Owner submitted to
the Corporate Authorities of the Village of Deerfield a proposed
Annexation Agreement with respect to the Annexation Property, a
copy of which is attached hereto and made a part hereof; 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 to permit
the existing use and future development of the Annexation
Property in the manner proposed in the attached 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
Annexation Agreement; and
WHEREAS, said Corporate Authorities, after due and careful
consideration, have concluded that the future development of the
Annexation Property on the terms and conditions set forth in said
attached Annexation Agreement would further the growth of the
Village, enable the Village to control the development of said
property and subserve the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the Annexation Agreement attached hereto
ONE: between the Village of Deerfield and the Owner, be
and the same is hereby approved.
JKS \71249.1 1-2/7/95
ti
f.
RESOLUTION NO. R -96 -02
RESOLUTION APPROVING ANNEXATION AGREEMENT
SECTION That the President and Clerk of the Village of
TWO: Deerfield are hereby authorized an directed to
execute said Annexation Agreement.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None. (0 )
ABSENT: Swartz (1)
PASSED this 16th day of January A.D., 1996.
APPROVED this 16th day of January A.D., 1996.
ATTEST:
1
1
VILLAGE CLERK /
J: :S\71?s8.1 12 /, /9C
�f . .. M.
RESOLUTION NO. R -96 -02
RESOLUTION APPROVING ANNEXATION AGREEMENT
WHEREAS, Red Roof Inn, Inc., (hereinafter referred to as
"Owner ") is the owner of record of certain real estate, the legal
description of which is set forth in Exhibit A to the attached
Annexation Agreement; and
WHEREAS, pursuant to the provisions of 6S ILCS 5/ 11.15 -1.1,
et seq., of the Illinois Municipal Code, said Owner submitted to
the Corporate Authorities of the Village of Deerfield a proposed
Annexation Agreement with respect to the Annexation Property, a
copy of which is attached hereto and made a part hereof; 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 to permit
the existing use and future development of the Annexation
Property in the manner proposed in the attached 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
Annexation Agreement; and
WHEREAS, said Corporate Authorities, after due and careful
consideration, have concluded that the future development of the
Annexation Property on the terms and conditions set forth in said
attached Annexation Agreement would further the growth of the
Village, enable the Village to control the development of said
property and subserve the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, AS FOLLOWS:
SECTION That the Annexation Agreement attached hereto
ONE: between the Village of Deerfield and the Owner, be
and the same is hereby approved.
JKS \71248.1 12/7/95
RESOLUTION NO. R -96 -02
RESOLUTION APPROVING ANNEXATION AGREEMENT
SECTION That the President and Clerk of the Village of
TWO: Deerfield are hereby authorized an directed to
execute said Annexation Agreement.
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson (5)
NAYS: None (0)
ABSENT: Swartz (1)
PASSED this 16th day of January A.D., 1996.
APPROVED this 16th day of January A.D., 1996.
PRESIDENT
ATTEST:
VILI=AGE CLERK
JKS \71248.1 12/7/95
RED ROOF INN.- DEERFIELD ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of
January , 1996, by and among the VILLAGE OF DEERFIELD, Cook
and Lake Counties, Illinois, a municipal corporation (hereinafter
referred to as "VILLAGE ") and RED ROOF INNS, INC., (hereinafter
referred to as "OWNER "); VILLAGE and OWNER are sometimes
hereinafter collectively referred to as the "Parties ".
W I T N E S S E T H
WHEREAS, OWNER is the owner of record of the property legally
described on Exhibit "A" attached hereto and made a part hereof
(hereinafter sometimes referred to as the "SUBJECT REALTY "); and
WHEREAS, the SUBJECT REALTY (Exhibit "B ") is approximately six
and one -half (6 -1/2) acres of land located in unincorporated Cook
County and depicted on the attached survey allocating the SUBJECT
REALTY among the parcels referred to below; and
WHEREAS, none of the SUBJECT REALTY is within the
corporate limits of the VILLAGE or any other municipality; and,
WHEREAS, SUBJECT REALTY is the subject of an Intergovernmental
Boundary Agreement with the Village of Northbrook ( "Northbrook ");
and
WHEREAS, SUBJECT REALTY is subject of Settlement Agreements
with both the VILLAGE and Northbrook; and
1 RCKIREDROOFIANNEXATION.RIN
(Dtccmbu 13, 1995:IP26pm)
WHEREAS, annexation to the VILLAGE will implement terms of
Intergovernmental Boundary Agreement with Northbrook; and
WHEREAS, the rear parcel of the SUBJECT REALTY is presently
improved with a Red Roof Inn motel; and
WHEREAS, the front parcel of the SUBJECT REALTY consisting of
two discrete tracts is presently vacant; and
WHEREAS, a sit -down restaurant is planned for the north
portion of the front parcel, as depicted on Exhibit. "B "; and
WHEREAS, the restaurant facility was designed to Northbrook's
drainage standards, and said design has been reviewed and approved
by Northbrook, in anticipation of the SUBJECT REALTY being annexed
to Northbrook; and
WHEREAS, the OWNER of the SUBJECT REALTY is desirous of
annexing the SUBJECT REALTY to the VILLAGE pursuant to the terms
and conditions hereinafter set forth; and
WHEREAS, a Petition for Annexation has been filed with the
VILLAGE pursuant to 65 ILCS 5/7 -1 -8, 1994, as amended, which is
attached hereto as Exhibit "C" and is, by this reference,
incorporated herein; said Petition covers the SUBJECT REALTY, which
Petition is conditioned upon the execution of this Agreement; and
WHEREAS, the annexation of the SUBJECT REALTY shall extend the
corporate limits of the VILLAGE to the far side of each. adjacent
highway not heretofore annexed to any other municipality; and
WHEREAS, it is the desire of the VILLAGE and the OWNER that
the Red Roof Inn facility continue to operate; and.
RCKjREDROOFjrWNZYATION.FIN
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WHEREAS, it is the desire of the VILLAGE and the OWNER that
the use and development of the sit -down restaurant on the SUBJECT
REALTY proceed as soon as practicable subject to this Agreement and
all other ordinances and codes of the VILLAGE, except as the same
may be modified herein; and
WHEREAS, the PARTIES desire to enter into an Agreement with
respect to the annexation of the SUBJECT REALTY and various other
matters pursuant to 65 ILCS 11- 15.1 -1 et sea., as amended; and
WHEREAS, all public hearings, as required by law, have been
held by the Corporate Authorities of the VILLAGE, and the Plan
Commission of the VILLAGE, upon the matters covered by this
Agreement; and
WHEREAS, all notices required pursuant to 65 ILCS 5/7 -1 -1 et
sea. have heretofore been served on the appropriate entities; and
WHEREAS, the Corporate Authorities of the VILLAGE, after due
and careful consideration, have concluded that the annexation and
development of the SUBJECT REALTY, upon the terms and conditions
hereinafter set forth, would further the growth of the VILLAGE and
enable the VILLAGE to control the development of the area and serve
the best interests of the VILLAGE; and
WHEREAS, by a favorable vote of at least two - thirds (2/3) of
the Corporate Authorities of the VILLAGE then holding office, a
Resolution has heretofore been adopted authorizing the execution of
this Agreement.
RCA1 REDR00F j 4NNE ,4710N.F1N
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NOW, THEREFORE, in consideration of the foregoing premises and
in further consideration of the mutual covenants, conditions and
agreements herein contained, the Parties hereto agree as follows:
ARTICLE I
INCORPORATION OF RECITALS
The Parties confirm and admit the truth and validity of the
representations and recitations set forth in the foregoing
recitals. The Parties further acknowledge that the same are
material to this Agreement and are hereby incorporated into this
Agreement as though they were fully set forth in this Article I.
ARTICLE II
AUTHORITY
This Agreement is made and entered into by the Parties
pursuant to 65 ILCS 5/7 -1 -1, 1994 and 11- 15.1 -1 et sea.
ARTICLE III
MUTUAL ASSISTANCE
The Parties shall do all things necessary and appropriate to
carry out the terms and provisions of this Agreement and to aid and
assist each other in furthering the intent of the Parties as
reflected by the terms of this Agreement, including, without
limitation, the holding of such public hearings and the enactment
by the VILLAGE of such Resolutions and Ordinances, the execution of
RCKj REDROOF ,ANNE.YAT/ON. FIN
4 (December 13, l9Z.1Z -26pm)
such permits, applications and agreements and the taking of such
other actions as may be necessary to enable the Parties to comply
with the terms and provisions of this Agreement.
ARTICLE IV
ANNEXATION
Subject to the provisions of 65 ILCS 5/7 -1 -8, 1994, as
amended, the Parties respectively agree to do all things necessary
or appropriate to cause the SUBJECT REALTY to be duly and validly
annexed to the VILLAGE by the passage of an Ordinance annexing the
Subject Realty simultaneously with the execution of this Agreement.
ARTICLE V
ZONING
Immediately after the passage of the ordinance annexing the
SUBJECT REALTY to the VILLAGE, the VILLAGE shall adopt a proper,
valid and binding ordinance zoning the SUBJECT REALTY to the C -2
Outlying Commercial Zoning District and granting a Special Use
Permit for a Planned Development permitting the continued
maintenance and operation of a motel and construction of a sit -down
restaurant, all in accordance with the Site Plan and other relevant
documentation and testimony presented to both the Plan Commission
and the Corporate Authorities. The use of the remaining vacant
tract shall be presented to the VILLAGE at a future date and shall
be processed by the Village as an amendment, to the Special Use
5 RCK1REDROOF%ANNEYATTON.F/N
(De"mba 13, IM:12:26pm)
Permit allowing the Planned Development. A copy of the form of
the Ordinance zoning the SUBJECT REALTY and granting the Special
Use Permit is attached hereto as Exhibit "D" and made a part
hereof. (Exhibit to be provided by the VILLAGE).
ARTICLE VI
SUBDIVISION
Subject to the provisions of 65 ILCS 5/11 -12 -8, 1994, as
amended, and the Subdivision Code of the VILLAGE, simultaneous with
the zoning of the SUBJECT REALTY, the VILLAGE agrees to do all
things necessary or appropriate to grant preliminary and final plat
approval for the subdivision of the SUBJECT REALTY into three (3)
lots. A copy of the proposed preliminary plat is attached hereto
as Exhibit "E" and made a part hereof. As a condition of
subdivision approval, OWNER shall cause to be recorded against the
SUBJECT REALTY covenants and restrictions providing for the
perpetual maintenance of all storm sewers, drainage ways,
retention /detention facilities, access road, and other components
which exist on private property. Said covenants and restrictions
shall be in a form acceptable to the Village Attorney and the
Village Engineer.
6 RCA1REDR00F"N,VEYATlON.R/N
(Dawnher 13, l90.12.2Kpm)
ARTICLE VII
APPLICABLE MUNICIPAL STANDARDS
Upon the annexation of the SUBJECT REALTY, all zoning,
subdivision, building and development of the SUBJECT REALTY
(including any area adjacent thereto, the improvement of which is
necessary or proposed to facilitate the development of the SUBJECT
REALTY) shall be undertaken in conformity with the requirements of
all applicable VILLAGE Codes, ordinances, rules, regulations and
standards generally in force, from time to time, within the
VILLAGE, except to the extent that the same are superseded by more
restrictive standards imposed by other regulatory authorities
having jurisdiction and, further, as the same may be specifically
modified by the terms of this Agreement. Said applicable municipal
standards shall otherwise be referred to herein as the "VILLAGE
CODE ". The Parties agree that the existing location and
configuration of the access onto Waukegan Road servicing the
SUBJECT REALTY is acceptable and shall be used to provide access
onto Waukegan Road for all three parcels on the SUBJECT REALTY.
ARTICLE VIII
MUNICIPAL CODE
All aspects of the MUNICIPAL CODE of the VILLAGE, as the same
may from time to time be amended and modified and enforced
throughout the VILLAGE, including all applicable standardized
Building Codes adopted therein by reference shall apply to the
RCKJREDROOF`ANNESATIONSIN
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SUBJECT REALTY, and all construction thereon shall be in
conformance with said MUNICIPAL CODE.
ARTICLE I%
REQUIRED IMPROVEMENTS
A. ENGINEERING CONFORMANCE. All required improvements to be
0
constructed shall be constructed in conformance with Article VIII
hereof.
The VILLAGE shall approve all engineering plans and
specifications within normal review periods, provided they meet
with MUNICIPAL CODE or standards incorporated in Article VIII or,
where MUNICIPAL CODE is silent, that they meet mutually agreed upon
standards or generally accepted engineering standards. If any
engineering plans and/or specifications fail to meet MUNICIPAL CODE
or standards incorporated in Article VIII, or the requirements of
this Agreement, the VILLAGE will give OWNER written notification
specifying, in each case, those items deemed deficient by the
VILLAGE.
B. DRAINAGE PLANS. The VILLAGE acknowledges that the
drainage plans have been reviewed and approved by the Village of
Northbrook. Because the Intergovernmental Boundary Agreement
between the VILLAGE and Northbrook was adopted after Northbrook had
completed its engineering review and approval, the VILLAGE hereby
accepts the drainage and detention plans as approved by Northbrook
RCAJREDROOF�ANNEYATION.F /N
8 (December 13, 1993:1126pm)
and shall approve any required variances or exceptions from
otherwise applicable drainage regulations in the MUNICIPAL CODE.
C. GOVERNMENTAL APPROVAL. The VILLAGE agrees to use its
best efforts at no cost to VILLAGE to assist OWNER in obtaining
such permits or licenses as may be required from time to time under
any and all State and Federal laws and regulations, including,
without limitation, the Illinois Environmental Protection Act, for
the purpose of permitting development of the SUBJECT REALTY.
ARTICLE X
GENERAL PROVISIONS
A. BUILDING PERMIT. Provided that the OWNER has secured
approval of any and all required preliminary and /or final plans or
plats and. completed and caused to be accepted, all required
improvements made necessary as a result of the development, the
VILLAGE agrees that within twenty -one (21) calendar days after
receipt of a complete application, it will either issue such
building and other permits as may, from time to time be requested
by OWNER, its successors and assigns, or issue a Letter of Denial
within said period of time, informing the OWNER, its successors and
assigns, as to the specific deficiencies in the application for
permits, plans of specifications. All such applications, plans or
specifications shall conform to this Agreement and all applicable
provisions of the MUNICIPAL CODE.
RCAJ REDROOF1 ANNEXATIONFIN
9 (Demmba 13, IM:12:26pm)
B. OCCUPANCY CERTIFICATES. Provided that the OWNER has
completed and caused to be accepted all required improvements, and
otherwise performed all other obligations which are, by the terms
of this Agreement, or the MUNICIPAL CODE, preconditions to the
issuance of Certificates of Occupancy, the VILLAGE agrees to issue
a Certificate of Occupancy within ten (10) calendar days after the
application or issue a Letter of Denial within said period of time
informing OWNER, is successors and assigns, specifically as to what
corrections are necessary as a condition to the issuance of a
Certificate of Occupancy, quoting the section of any code or
ordinance relied upon by the VILLAGE in its request for correction.
ARTICLE XI
RECORDATION
The Parties agree to do all things necessary to cause this
Agreement and the Annexation Ordinance, Plat of. Annexation and
Zoning Ordinance to be recorded in the Office of the Recorder of
Deeds, Cook County, Illinois.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
A. NOTICES. All notices hereunder shall be in writing and
must be served either personally or by registered or certified mail
to:
RCRJRWROOF�4NNEYATION.FIN
10. (December 13,19Z.-12-20m)
1. VILLAGE at:
with a copy to:
2. OWNER at:
with a copy to:
VILLAGE OF DEERFIELD
850 Waukegan Road
Deerfield, Illinois 60015
Attention: Robert Franz
Pedersen & Houpt, P.C.
161 North Clark Street, #3100
Chicago, Illinois 60601
Attention: James Stucko, Esq.
Red Roof Inn, Inc.
4355 Davidson Road
Hilliard, Ohio 43026 -9699
Attention: Scott Moore
Schain, Firsel & Burney
222 N. LaSalle Street, #1910
Chicago, Illinois 60601
Attention: Robert C. Kenny
3. To such other person or place which any Party hereto, by
its prior written notice, shall designate for notice to
it from the other Parties hereto.
B. BINDING EFFECT, TERM AND AMENDMENT. This Agreement shall
be binding upon and inure to the benefit of the Parties hereto,
successor owners or record of the SUBJECT REALTY, their assigns,
lessees and upon any successor municipal authority of the VILLAGE
and successor municipalities, for a period of twenty (20) 'years
from the date set forth in the first paragraph of this Agreement.
This Agreement may be amended from time to time with the
consent of the, Parties hereto, pursuant to statute in such case
made and provided.
C. SEVERABILITY. This Agreement is entered into pursuant to
the provisions of 65 ILCS 5/11- 15.1 -1 et sea., 1994, as amended.
In the event any part or portion of this Agreement, or any
RCAI REDROOFIANNEXA77ON.FIN
11 (December 13, 1995:1226pm)
provision, clause, wording or designation contained within this
Agreement, is held to be invalid by a court of competent
jurisdiction, such part, portion, provision, clause, wording or
designation shall be deemed to be excised from this Agreement and
the invalidity thereof shall not affect the remaining portions
thereof.
D. ENFORCEABILITY. This Agreement shall be enforceable in
any court of competent jurisdiction by any of the Parties hereto by
any appropriate action at law or in equity to secure the
performance of the covenants contained herein, as provided in 65
ILCS 5/11- 15.1 -4, 1994, as amended, including the right of any
PARTY hereto to seek specific performance of the terms hereof.
E. SURVIVAL OF REPRESENTATIONS. Each of the Parties hereto,
for themselves, their successors, assigns, heirs, devisees and
personal representatives, agrees that the warranties and recitals
set forth in the preamble to this Agreement are material to this
Agreement, and the Parties hereby confirm and admit their truth and
validity and hereby incorporate such representations, warranties
and recitals into this Agreement, and the same shall continue
during the term of this Agreement.
F. GENDER. Unless the provisions of this Agreement
otherwise require, words imparting the masculine gender shall
include the feminine; words imparting the singular number shall
include the plural; and words imparting the plural shall include
the singular.
RCKI REDROOF1ANNEYAT/OMF /N
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G. CAPTIONS AND PARAGRAPH HEADINGS. The captions and
paragraphs headings incorporated herein are for convenience only
and are not part of this Agreement.
H. CONFLICT IN REGULATIONS.
1. The provisions of this Agreement shall supersede the
provisions of any ordinances, codes, policies or regulations of the
VILLAGE which may be in conflict with the provisions of this
Agreement.
2. Pursuant to the requirements of statute, the Corporate
Authorities of the VILLAGE shall adopt such ordinances as may be
necessary to put into effect the terms and provisions of this
Agreement.
IN WITNESS WHEREOF, the Parties hereto have hereunder set
their hands and seals on the day and year first above written.
VILLAGE OF DEERFIELD, Lake and
Cook County, Illinois, a municipal
corporation
By:
e - - . - , rj aro-00,
esident
ATTEST:
Vi lags Clerk
ATTEST:
RED ROOF INN, INC.
By: aou/
Its: tZ G ✓e t i d e.,, 't"
RCAj REDROOFV4XNEYATION. FIN
13 (December 13, 190.1226pm)
STATE OF ILLINOIS )
ss
COUNTY OF )
I, the undersigned, a Notary Public in and for the said
County, in the State aforesaid, DO HEREBY CERTIFY that
Bernard Forrest President of the Village of
Deerfield, and Robert D. Franz , Village Clerk of
said Village, whose names are subscribed to the foregoing
instrument as such Mayor and Village Clerk, respectively appeared
before me this day in person and acknowledged that they signed and
delivered the said instrument, as their own free and voluntary act
and as the free and voluntary act of said Village, for the uses and
purposes therein set forth; and the said Village clerk, as
custodian of the corporate seal of said Village, then and there did
affix the corporate seal of said Village to said instrument, as her
own free and voluntary act and as the free and voluntary act of
said Village, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 17th day of
January , 1996
roFFtclni,sEn1.°
99MLcn We �L.fnr�, p
F4"PW^ft0o(Mino1e Notary Public
�rOan1■Im�cpdne Feh 23,1999
RCKI REDROOFI ANNEXATION. FIN
14 (December 13, IM:1226pm)
STATE OF ILLINOIS )
ss
COUNTY OF )
I, the undersigned, a Notary Public in and for the said
County, in the State aforesaid, DO HEREBY CERTIFY that
Scott L. �t -lcore , Vice of Red
Roof Inn, . Inc. , and f-Je mas 10. i3rdsharC3 , k5acre-taeq
,_of said corporation, personally known to me to
be the same persons whose names are subscribed 'to the foregoing
instrument as such Wee Aresi&Af, Finance and Seereia!U
respectively appeared before me this day in person
and acknowledged that they signed and delivered the said
instrument, as their own free and voluntary act and as the free and
voluntary act of said corporation, for the uses .and purposes
therein set forth; and the said Secrefanj , as
custodian of the corporate seal of said corporation, did affix the
corporate seal of said corporation to said instrument, as h own
free and voluntary act and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this ly4' day of
MGV , 1996.
Notary Public
`�O�PpdAl SF'`
_ TAMARA J. GROVE ANDERSON
_* * rrorakrrusuc,nU0F0W
RCRI REDROOFIANNECATION.FIN
15 (December I3, I995.1126pm)
EXHIBITS TO ANNEXATION AGREEMENT
Between the VILLAGE OF DEERFIELD, Cook County, Illinois, a
municipal corporation and RED ROOF INN, INC.
EXHIBIT "A" Legal Description of Subject Realty
EXHIBIT "B" Plat of Survey
EXHIBIT "C" Petition for Annexation
EXHIBIT "D" Ordinance Zoning the Subject Realty and granting a
Special Use
EXHIBIT "E" Preliminary Subdivision Plat
RCKJ REDROOF,4NNEXATION.F/N
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