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HomeMy WebLinkAboutR-24-80VILLAGE OF DEERFIELD RESOLUTION NO. R-24-80 A RESOLUTION APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (1101 and 1121 Lake Cook Road — Deerfield Supportive Living) WHEREAS, on DeCtWper 5 , 2024, Deerfield SLF I Limited Partnership ("Applicant') and the Village entered into a Development Agreement to provide for the development of the property commonly known as 1101 and 1121 Lake Cook Road in the Village ("Property's; and WHEREAS, since the date of the Development Agreement, the Applicant and the Village have negotiated a modification of the permit and impact fees that Applicant will owe under the Development Agreement in an attempt to make the development of the Property more economically viable, pursuant to an amendment to the Development Agreement ("First Amendment'; and WHEREAS, the Village Board has determined that entering into the First Amendment with the Applicant 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 FIRST AMENDMENT. The First Amendment by and between the Village and the Applicant 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. SECTION THREE: EXECUTION OF FIRST AMENDMENT. The Village Mayor and the Village Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the First Amendment upon receipt by the Village Clerk of at least one original copy of the First Amendment executed by the Applicant; provided, however, that if the executed copy of the First Amendment is not received by the Village Clerk within 90 days after the effective date of this Resolution, or within such greater period of time as the Village Board may approve by 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. [SIGNATURE PAGE FOLLOWS] AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim NAYS: None ABSENT: Metts-Childers PASSED: November 18, 2024 APPROVED: November 18, 2024 RESOLUTION NO. R-24-80 Daniel C. Shapiro, Mayor ATTEST: �i Kent S. Str et, Village Cleik 4875-6832-5100, v. 1 EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Benjamin Schuster Elrod Friedman LLP 325 N. LaSalle Street Suite 450 Chicago, IL 60654 Jse Only FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND DEERFIELD SLF LIMITED PARTNERSHIP (1101 and 1121 Lake Cook Road) DATED AS OF 'De h ber 5 , 2024 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF DEERFIELD AND DEERFIELD SLF LIMITED PARTNERSHIP (1101 and 1121 Lake Cook Road) DATED AS OF �2ce4m 5 , 2024 THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment') is made as of the 511' day of 'Dectw6y , 2024, by and between the VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation ("Village'l and DEERFIELD SLF LIMITED PARTNERSHIP, an Illinois limited partnership ("Developer'). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Amendment, and pursuant to the Village's home rule powers, the parties hereto agree as follows: SECTION 1. RECITALS. T A. Developer and the Village entered into a development agreement dated as of VQaw,)btr 5, , 2024 ("Development Agreement'), which Development Agreement is recorded with the Office of the Cook County Clerk's Recordings Division as Document No. 7-47A60%042. , to provide for the development of the property commonly known as 1101 and 1121 Lake Cook Road, Deerfield, Illinois, which that is legally described on Exhibit A to this Amendment and defined as "Property". B. Since the date of the Development Agreement, Developer and the Village have negotiated for a modification of the permit and impact fees that Developer owed under the Development Agreement in an attempt to make the development of the Property more economically viable and in recognition that the proposed development of the property is intended to serve the public by providing affordable housing for seniors. C. The Parties seek to amend the Development Agreement in certain respects to reduce the impact fees owed by Developer. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. RECITALS. The foregoing recitals are by this reference incorporated herein and made a part hereof as substantive provisions of this First Amendment. SECTION 2. AMENDMENTS TO SECTION 6 OF DEVELOPMENT AGREEMENT. Section 6 of the Development Agreement is hereby amended and shall read as follows: "SECTION 6. LAND DEDICATIONS; CONTRIBUTIONS. The Developer hereby agrees to fully comply with, and cause to be paid, the fees in lieu of land contributions calculated pursuant to the Impact Fee Ordinance, except for the total amounts, which shall be as set forth below for the following governmental entities (collectively, "Impact Fees'j: The Deerfield Park District: S80,136.00; 2. Northbrook School District 28: $140.00 0.00; 3. Northbrook Rural Fire Protection District: $1,961.96 77 . 5; and 4. The Village and Library: $144�80-06 $105215.25. The Impact Fees are based on a per unit basis and must be paid in full prior to the issuance of any building permit for any Vertical Construction on the Property. The Developer acknowledges that the payment of development impact fees imposed by the Impact Fee Ordinance are reasonable and that the Developer hereby holds harmless and releases the Village, the Deerfield Public Library, the Deerfield Park District, Northbrook School District 28, and Northbrook Rural Fire Protection District (collectively, the "Districts') from any claim or other action the Developer may have against the Village and the Districts as a result of the Impact Fee Ordinance and the impact fees exacted thereunder for distribution to any District by the Village. The Developer acknowledges and agrees that, if the Developer is entitled to any credit toward the Impact Fees as a result of development impact fees previously paid by third -parties with respect to other proposed developments of the Property, and if such credit exceeds the Impact Fees otherwise due pursuant to this Section 6: (a) the Village will have no liability or responsibility whatsoever to pay to the Developer the difference between the credit and the Impact Fees otherwise due; and (b) the Developer must pursue any claim for any such payment with the affected Districts." SECTION 3. AMENDMENTS TO SECTION 7 OF DEVELOPMENT AGREEMENT. Section 7 of the Development Agreement is hereby amended and shall read as follows: "SECTION 7. PAYMENT OF VILLAGE FEES AND COSTS. A. Infrastructure Fee Waiver. Provided that Developer completes the _Development in accordance with the Amended Final Development Ian by December 31. 2026 ("Completion Deadline"1. satisfies all of its obligations under this Agreement, and does not breach this Agreement. the Village will waive the infrastructure impact fee imposed pursuant to Sections 6-6 and 6-79 of the Village Code for the Development. In the event that the Developer does not complete the Development by the Completion Deadline, fails to satisfy any of its legations under this Agreement, or breaches this Agreement. the waiver of the infrastructure impact fees will be forfeited and the Developer must immediately pay to the Village upon demand the full amount of the infrastructure impact fee that would otherwise be owed pursuant to Sections 6-6 and 6-79 of the Village Code. 2 4879-4489-4700, v. 3 B. Base Buildina Permit Fee Waiver. Provided that Developer completes the Development in accordance with the Amended Final Development Plan by the Completion Deadline, satisfies all of its obliaations under this Agreement, and does not breach this Agreement, the Villaae will waive 25 percent of the base building permit fee imposed pursuant to Sections 6-6 and 6-79 of the Village Code for the Development. In the event that the Developer does not complete the Development by the Completion Deadline, fails to satisfy any of its obligations under this Agreement, or breaches this Agreement, the 25 percent waiver of the base building permit fee will be forfeited and the Developer must immediately pay to the Village upon demand all of the base building permit fees that would otherwise be owed pursuant to Sections 6-6 and 6-79 of the Villacie Code. C Waiver of Other Buildina and Enaineerina Permit Fees. Provided that Developer completes the Development in accordance with the Amended Final Development Plan by the Completion Deadline. satisfies all of its obligations under this Agreement. and does not reach this Agreement, in addition to the waivers provided in Sections 7.A and 7.B above, the Village will waive 25 percent of all other standard building, and engineering permit fees charged by the illaae for the Development: provided that the waiver provided herein shall not apply to demolition permit fees or any fees that are charged by the Village to cover the Village's costs for use of third -party contractors to conduct inspections or provide the Village other to satisfy any of its obligations under this Agreement, or breaches is Agreement, the 25 percent waiver of the fees provided herein will be forfeited and the Developer must immediately pay to the Villaae upon demand all of the fees that would otherwise be owed pursuant to the Villaae Code. AQ. Negotiation and Review Fees. In addition to all other costs, payments, fees, charges, contributions, or dedications required by this Agreement or by the Requirements of Law, the Developer must pay to the Village, contemporaneous with the execution of this Agreement by the Village, all third -party legal, engineering, and other consulting or administrative fees, costs, and expenses incurred or accrued in connection with: (1) the development of the Property, including, without limitation, the review and processing of plans therefor, and inspection and review of the Improvements once constructed; (2) the negotiation, preparation, consideration, and review of this Agreement and all exhibits and associated documents; and (3) third -party engineering, and other consulting costs incurred by the Village to inspect and monitor the development of the Property. Payment of all fees, costs, and expenses must be made by a certified or cashier's check or by Federal Reserve wire transfer in accordance with written instructions from the Village. The Developer acknowledges and agrees that it will continue to be liable for and to pay, promptly after presentation of a written demand or demands for payment, such third -party fees, costs, and expenses incurred in connection with any 3 4879-4489-4700, v. 3 applications, documents, proposals, or requests for interpretations or amendments of this Agreement, whether formal or informal, of whatever kind, submitted by the Developer during the term of this Agreement in connection with the use and development of the Property. Further, the Developer acknowledges and agrees that it is liable for and will pay after demand all fees, costs, and expenses incurred by the Village for publications and recordings required in connection with the above matters. BE. Other Village Fees. In addition to all other costs, payments, fees, charges, contributions, or dedications required by this Agreement, the Developer must pay to the Village all application, plan review, inspection, and permit fees, all water and sewer general and special connection fees, tap -on fees, charges, and contributions, and all other fees, charges, and contributions pursuant to the Requirements of Law except as otherwise waived pursuant to Sections 7.A. 7.B. and 7.0 above." SECTION 4. EFFECT. All terms, conditions and provisions of the Development Agreement not expressly amended or modified by this Amendment shall remain unchanged and in full force and effect. To the extent the terms and provisions of this Amendment conflict with the Development Agreement, the terms and provisions of this Amendment shall control. SECTION 5. AUTHORITY TO EXECUTE. The Village hereby warrants and represents to Developer that the persons executing this Amendment on its behalf have been properly authorized to do so by the Village Board. Developer hereby warrant and represent to the Village (i) that it has the full and complete right, power and authority to enter into this Amendment and to agree to the terms, provisions and conditions set forth in and to bind the Property as set forth in this Amendment; (ii) that all legal actions needed to authorize the execution, delivery and performance of this Amendment have been taken; and (iii) that neither the execution of this Amendment nor the performance of the obligations assumed by Developer will (a) result in a breach or default under any agreement to which Developer is a party or to which it or the Property is bound or (b) violate any statute, law, restriction, court order, or agreement to which Developer or the Property are subject. SECTION 6. GENERAL PROVISIONS. A. Recording. The Village will record this Amendment against the Property, at the sole cost and expense of Developer, with the Cook County Clerk's Recordings Division promptly following the full execution of this Amendment by the Parties. B. Counterparts. This Amendment may be executed in counterparts, each of which will constitute an original document and together will constitute the same instrument. [SIGNATURE PAGE FOLLOWS] 4 4879-4489-4700, v. 3 IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first above written. ATTEST: Village Clerk ATTEST: By: Its: VILLAGE OF DEERFIELD, an Illinois home rule municipal corporation By: - Daniel C. apiro Its: Mayor DEERFIELD SLF LIMITED PARTNERSHIP, an Illinois limited partnership By: Celadon-Deerfield GP, LLC, an Illinois limited liability company, its general partner By: Celadon Partners, LLC, an Illinois limited liability company, its managing member By: Name: Aron Weisner Title: Authorized Signer 4879-4489-4700, v. 3 5 ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS. COUNTY OF LAKE ) This instrument was acknowledged before me on NowMber 15, 2024, by �r►�t� C. 56?iro , the Mayor of the VILLAGE OF DEERFIELD, an Illinois municipal corporation, and by S§-ree4- , the Village Clerk of said municipal corporation. Given under my hand and official seal this_*dOay of N t r , 2024. - LA6 Notary Public My Commission expires: Novcmber , 20z5 OFFICIAL SEAL DANIEL VAN DUSEN NOTARY PUBLIC, STATE OF ILLINOIS SEAL MY COMMISSION EXPIRES: 11/02/2025 STATE OF ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2024, by , the manager of DEERFIELD SLF LIMITED PARTNERSHIP. Given under my hand and official seal this day of , 2024. Notary Public My Commission expires: SEAL EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: THAT PART OF LOT 1 IN DEERFIELD BUSINESS CENTER, BEING A RESUBDMSION OF LOT 1 IN LAKE -COOK ROAD INDUSTRIAL PARK, BEING A SUBDIVISION OF PARTS OF THE NORTHEAST 1/4 AND NORTHWEST 1/4. SECTION 5, TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1983 AS DOCUMENT 26627813, IN COOK COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 59 MINUTES 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 232.87 FEET TO A POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 59 MINUTES 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 213.13 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 13 MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 456.00 FEET TO A LINE 456.00 FEET, AS MEASURED ALONG THE WEST LINE THEREOF, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 89 DEGREES 59 MINUTES 38 SECONDS WEST SAID LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 276.88 FEET TO A POINT BEING 169.12 FEET EAST OF THE INTERSECTION OF THE WESTERLY EXTENSION OF SAID LAST DESCRIBED PARALLEL LINE WITH THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 13 MINUTES 20 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 1, A DISTANCE OF 124.83 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 38 SECONDS EAST PARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 63.75 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 20 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 1. A DISTANCE OF 331.17 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM ALL THAT PART THEREOF FALLING WITHIN A PARCEL OF LAND CONVEYED BY QUIT CLAIM DEED DATED JUNE 10, 2008 AND RECORDED SEPTEMBER 3, 2008 AS DOCUMENT 0824731048, SAID PARCEL OF LAND BEING BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 00 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1 (ALSO BEING THE WEST LINE OF LOT 1 IN STATE FARM RESUBDMSION RECORDED JULY 10, 1991 AS DOCUMENT NO. 91340699) A DISTANCE OF 426.68 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 49 SECONDS WEST ALONG SAID LAST DESCRIBED LINE, 29.31 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 29 SECONDS WEST, 50.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 49 SECONDS EAST PARALLEL WITH THE EAST LINE OF SAID LOT 1, 15.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 29 SECONDS EAST, 36.66 FEET; THENCE NORTH 42 DEGREES 59 MINUTES 11 SECONDS EAST, 19.64 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 1 IN DEERFIELD BUSINESS CENTER, BEING A RESUBDMSION OF LOT 1 IN LAKE -COOK ROAD INDUSTRIAL PARK, BEING A SUBDIVISION OF PARTS OF THE NORTHEAST 1/4 AND NORTHWEST 1/4, SECTION 5, TOWNSHIP 42 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 2, 1983 AS DOCUMENT 26627813, IN COOK COUNTY. ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89 DEGREES 59 MINUTES 38 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 232.87 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 20 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID LOT 1. A DISTANCE OF 331.17 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 38 SECONDS WEST PARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 63.75 FEET, THENCE SOUTH 00 DEGREES 13 MINUTES 20 SECONDS WEST PARALLEL WITH THE EAST LINE OF SAID LOT 1, A DISTANCE OF 124.83 FEET TO A LINE 456.00 FEET, AS MEASURED ALONG THE WEST LINE THEREOF, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 89 DEGREES 59 MINUTES 38 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, A DISTANCE OF 169.12 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 13 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 456.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 FOR INGRESS AND EGRESS AS CREATED BY DECLARATION AND GRANT OF EASEMENT DATED AUGUST 1. 1981 AND RECORDED SEPTEMBER 2, 1981 AS DOCUMENT NUMBER 25987860. PINS: 04-05-200-019-0000, 04-05-200-018-0000 ADDRESS: 1101 AND 1121 LAKE COOK ROAD, ILLINOIS 60015