HomeMy WebLinkAboutR-24-60VILLAGE OF DEERFIELD
RESOLUTION NO. R-24-60
A RESOLUTION APPROVING A CONSENT DECREE
RELATING TO 755 KIPLING PLACE
WHEREAS, 755 Kipling, LLC, an Illinois limited liability company ("Owner') is the
record title owner of a portion of the property commonly known as 755 Kipling Place,
Deerfield, Illinois ("Property'); and
WHEREAS, ALSJ, INC. is a mortgagee of the Property pursuant to a Mortgage dated
November 3, 2020, and recorded against the Property with the Lake County Recorder of
Deeds on January 26, 2021, as Document No. 7750731; and
WHEREAS, AS 312, LLC is a mortgagee of this Property pursuant to a Mortgage
dated December 18, 2020, and recorded against the Property with the Lake County Recorder
of Deeds on February 17, 2021, as Document No. 7750731; and
WHEREAS, the Property is improved with a dilapidated and unoccupied single-
family home of brick construction ("Structure') and an in -ground swimming pool ("Pool');
and
WHEREAS, on March 13, 2023, the Village inspected the Property and determined
that it was in violation of numerous provisions of the Village Code and 2018 International
Property Maintenance Code ("IPMC'), and Section 11-31-1 of the Illinois Municipal Code
("Unsafe Property Statute'); and
WHEREAS, the Owner has informed the Village that it is willing to provide for the
demolition of the Structure and the Pool on the Property, as required under the IPMC, Village
Code, and the Unsafe Property Statute; and
WHEREAS, in order to avoid the burdens and expenses of further litigation, the
Village and the Owner desire to enter into a consent decree ("Consent Decree') concerning
the Property; and
WHEREAS, the Village Board has determined that entering into the Agreement with
the Owner will serve and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF CONSENT DECREE. The Consent Decree
by and between the Village and the Owner is hereby approved in substantially the form
attached to this Resolution as Exhibit A, and in a final form to be approved by the Village
Manager and the Village Attorney.
4856-2168-3939, v. 1
SECTION THREE: EXECUTION OF CONSENT DECREE. The Village
Manager and the Village Clerk are hereby authorized and directed to execute and attest, on
behalf of the Village, the Consent Decree upon receipt by the Village Clerk of at least one
original copy of the Consent Decree executed by the Owner; provided, however, that if the
executed copy of the Consent Decree is not received by the Village Clerk within 14 days after
the effective date of this Resolution, then this authority to execute and attest will, at the
option of the Village Board, be null and void.
SECTION FOUR: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the Village Board.
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: September 16, 2024
APPROVED: September 16, 2024
RESOLUTION NO. R-24-60 r
0
Kent S Street, Village Cler
Daniel C. Shapiro, Mayor
4856-2168-3939, v. 1
EXHIBIT A
CONSENT DECREE
4856-2168-3939, v. 1