HomeMy WebLinkAboutR-25-58VILLAGE OF DEERFIELD
RESOLUTION NO. 2025- R-25-58
APPROVING AN APPLICATION BY WD ASSOCIATES LLC FOR
PARTICIPATION IN THE BUSINESS FACADE REBATE PROGRAM
(DEERFIELD COMMONS — 710 DEERFIELD ROAD and 800 WAUKEGAN ROAD)
WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, pursuant to Article 17 of Chapter 7 of ""The Municipal Code of the
Village of Deerfield, Illinois, 1975", as amended ("Village Code'), the Village has created a
business facade rebate program ("Program' for owners of businesses located in the C-1
Village Center District or C-2 Outlying Commercial District of the Village that meet certain
criteria to obtain financial assistance for eligible site improvements and renovations of
building facades; and
WHEREAS, a goal of the Program is to financially assist the owners of commercial
buildings aged 15 years or older in the Village with the cost of improving, remodeling and
renovating exterior building facades and sites to encourage private investment in the Village;
enhance the overall tax base of local taxing districts by the further development and
improvement of eligible private building facades and sites; improve the safety and
accessibility of the Village's commercial districts; and create a greater sense of community,
improve pedestrian walkability, and improve the overall aesthetics of the Village's
commercial districts; and
WHEREAS, to be eligible for participation in the Program, the owners of commercial
buildings must make an investment of not less than $10,000 for eligible fagade and site
improvements; and
WHEREAS, the Program provides that the Village will reimburse approved
commercial owners for 50 percent of the costs for eligible improvements not to exceed
$50,0000 for building improvements and not to exceed $50,0000 for property site
improvements; and
WHEREAS, WD ASSOCIATES LLC ("Owner') owns the Property located at 710
Deerfield Road and 800 Waukegan Road in the Village (collectively, the "Property'); and
WHEREAS, the Owner desires to make building facade and site improvements on
the Property, and has submitted an application to participate in the Program
("Application'); and
WHEREAS, the Mayor and Board of Trustees have determined that granting
Owner's Application will serve and be in the best interest of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
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SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as
its findings, as if fully set forth herein.
SECTION 2: APPROVAL OF REBATE. Pursuant to the Village's home rule
authority, the Application by Owner for participation in the Program is hereby granted and
the Village is hereby authorized to issue a rebate for eligible building and site improvements
on the Property in amounts not to exceed:
Building Improvements: $50,000
Site Improvements: $10,157
SECTION 3: APPROVAL OF BUSINESS FA!'ADE REBATE AGREEMENT.
The Business Fagade Grant Agreement ("Agreement') 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 Attorney.
SECTION 4: EXECUTION OF BUSINESS FACADE REBATE AGREEMENT.
The Village Mayor and the Village Clerk are hereby authorized and directed to execute and
attest, on behalf of the Village, the Agreement upon receipt by the Village Clerk of at least
one original copy of the Agreement executed by the Owner.
SECTION 5: EFFECTIVE DATE.
A. This Resolution will be effective only upon the occurrence of all of the following
events:
Passage by the Village Board by a majority vote in the manner required by
law; and
2. Execution by the Owner of the Agreement.
B. In the event that the Applicant does not deliver fully executed copies of the
Agreement within 30 days after the date of final passage of this Resolution by the Village
Board, the Mayor and Board of Trustees will have the right, in their sole discretion, to declare
this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
{00128728.11
AYES: Benton, Berg, Goldstone, Greenberg, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: November 3, 2025
APPROVED: November 3, 2025
RESOLUTION NO: R-25-58
Danie C. Shapiro, Mayor
ATTEST: ,
Kent S. Street, 411age Clerk
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EXHIBIT A
AGREEMENT
(00128728.1)
THIS DOCUMENT
PREPARED BY AND AFTER
RECORDING RETURN TO:
Benjamin Schuster
Elrod Friedman LLP
350 N. Clark Street
Chicago, IL 60654
kbove Space For Recorder's Use Only
BUSINESS FACADE REBATE AGREEMENT
This Agreement is dated this _ day of , 2025 by and between the VILLAGE
OF DEERFIELD, an Illinois home rule municipal corporation, located at 850 Waukegan Road,
Deerfield, IL 60015 ("Village'l, and WD ASSOCIATES LLC, an Illinois Limited Liability Company
("Owner'J. The Village and Owner are jointly referred to herein as the "Parties."
RECITALS:
WHEREAS, pursuant to Article 17 of Chapter 7 of ""The Municipal Code of the Village of
Deerfield, Illinois, 1975", as amended ("Village Code'J, the Village has created a business
fagade rebate program ("Program') for owners of businesses located in the C-1 Village Center
District or C-2 Outlying Commercial District of the Village to provide financial assistance for eligible
site improvements and renovations of building facades; and
WHEREAS, a goal of the Program is to financially assist the owners of commercial
buildings aged 15 years or older in the Village with the cost of improving, remodeling and
renovating exterior building facades and sites to encourage private investment in the Village;
enhance the overall tax base of local taxing districts by the further development and improvement
of eligible private building facades and sites; improve the safety and accessibility of the Village's
commercial districts; and create a greater sense of community, improve pedestrian walkability,
and improve the overall aesthetics of the Village's commercial districts; and
WHEREAS, to be eligible for participation in the Program, the owners of commercial
buildings must make an investment of not less than $10,000 for eligible fagade and site
improvements; and
WHEREAS, the Program provides that the Village will reimburse approved commercial
owners for 50 percent of the costs for eligible improvements not to exceed $50,0000 for building
improvements and not to exceed $50,0000 for property site improvements; and
WHEREAS, the Owner owns the property commonly known as 710 Deerfield Road & 800
{00128727.1)
Waukegan Road in the Village, and legally described in Exhibit A attached hereto and
incorporated herein (`Property'l; and
WHEREAS, the Owner has submitted an application to the Village to participate in the
Program, and the Village has approved the application pursuant to Resolution [RESOLUTION
NO.] ("Approval'j; and
WHEREAS, the Approval is conditioned upon the Owner entering into this Agreement and
abiding by the terms of this Agreement;
NOW THEREFORE, in consideration of the premises set forth above, and the mutual
agreement hereinafter set forth below, it is hereby agreed by and between the Parties as follows:
SECTION 1. INCORPORATION OF RECITALS. The foregoing recitals are incorporated
into, and made part of, this Agreement as though they were fully set forth in this Section 1.
SECTION 2. BUILDING AND SITE IMPROVEMENTS. The building improvements set
forth in Exhibit B ("Building lmprovements'l, attached hereto and incorporated herein, and
Site Improvements set forth in Exhibit B ("Site Improvements") (the Building Improvements and
Site Improvements are, collectively, the "Approved Improvements") are eligible for a rebate
under the Program pursuant to the terms of this Agreement. Any building improvements or site
improvements to the Property not set forth in Exhibit B are not eligible for any rebate from the
Village.
SECTION 3. PROOF OF OWNERSHIP. Owner represents and certifies that Owner is
the legal title holder of the Property and is duly authorized to enter into this Agreement. Before
any Rebate shall be paid, Owner must submit satisfactory proof to the Village of Owner's legal or
beneficial ownership of the Property, which proof must include:
A. A current title policy or title commitment showing Owner as the current title owner
of record, or a copy of the recorded deed that vests Owner with good and
merchantable title to the Property; and
B. If title to the Property is held in trust, Owner shall also submit: (i) a certified copy
of the Trust Agreement, (ii) certification as to the current beneficiary under such
Trust Agreement, and (iii) a letter of direction authorizing execution of this
Agreement.
SECTION 4. OWNER'S REPRESENTATIONS. Village has relied upon all information
provided by the Owner and upon all representations, exhibits, data, and other supporting
materials submitted with and in support of Owner's application for participation in the Program.
Any misinformation or withholding of material information incident thereto shall, at the option of
the Village, give rise to the Village's right to terminate this Agreement and require Owner to
immediately repay to the Village any amounts paid by the Village to Owner pursuant to this
Agreement. This repayment obligation shall survive termination of this Agreement.
SECTION 5. ELIGIBILITY FOR REBATE. Upon the completion of all Approved
Improvements in accordance with this Agreement and all applicable requirements of law
(including all applicable building codes) and inspection of the Approved Improvements by the
Village, Owner shall submit to the Village Manager the following documents:
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A. All contracts and/or invoices showing the final amounts charged for all of the
Approved Improvements;
B. All receipts or other forms of proof of payment showing that Owner has paid for the
Approved Improvements in full; and
C. Contractors' final certificates and waivers of lien for all Approved Improvements.
Upon submission of the above -listed documents, in a form satisfactory to the Village Manager,
the Village shall issue a rebate to the Owner within 30 days in an amount not to exceed the lesser
amount of. (i) 50 percent of the final actual cost for the Building Improvements and Site
Improvements itemized in Exhibit B; and (ii) the following maximum project rebate amounts:
Building Improvements: $50,000
Site Improvements: $10,157
SECTION 6. LICENSES AND PERMITS. Owner acknowledges and agrees that: (i)
Owner is responsible for securing all necessary licenses and permits for the proper and complete
construction and installation of the Approved Improvements; and (ii) nothing in this Agreement
obligates the Village to issue any building permits or approvals to Owner or Owner's contractors
related to the Property or the Approved Improvements.
SECTION 7. Timely Completion of Approved Improvements. The Approved
Improvements must be properly and completely constructed and installed within 120 days after
the adoption of the Approval for Owner to obtain the Rebate ("Deadline's. In the event that the
Approved Improvements are not properly and completely constructed and installed by the
Deadline, the Village shall have no obligation to issue the Rebate.
SECTION & REPAIR OF DAMAGE. Owner shall repair any damage to Village property,
including any rights -of -way, that may be caused by, or occur in connection with, the installation
or maintenance of the Approved Improvements.
SECTION 9. MAINTENANCE OF APPROVED IMPROVEMENTS. Owner
acknowledges and agrees that: (i) it shall maintain all Approved Improvements in a clean and
first-rate manner and free from defects for a period of no less than five years from the date of the
receipt of the Rebate; and (ii) the Village shall have no obligation to provide any maintenance on
the Approved Improvements.
SECTION 10. NO ALTERATION OR REMOVAL OF APPROVED IMPROVEMENTS.
Owner acknowledges and agrees that, for a period of five years following the receipt of the
Rebate, Owner shall not cause or permit the alteration or removal of any of the Approved
Improvements without the prior written permission of the Village, which permission the Village
may withhold in its sole and absolute discretion. Notwithstanding anything in this Section to the
contrary, Owner may alter or remove the Approved Improvements in the event of an emergency
causing an immediate safety risk, provided that Owner repairs the Approved Improvements to
their condition prior to the emergency.
SECTION 11. NOT ELIGIBLE FOR OTHER VILLAGE GRANTS. Owner may not apply
to the Village, and the Village shall have no obligation to provide, any other grants or rebates
related to (i) the Approved Improvements or (ii) the fagade of the building or for Site Improvements
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on the Property for a period of five years from the date of the Approval except as provided in this
Agreement.
SECTION 12. SALE OF SUBJECT PROPERTY; GRANT OF LIEN. If Owner sells,
transfers or conveys all or part of the Property, or any interest in the Property, within five years
after receipt of the Rebate, Owner shall at the time of such sale, transfer, or conveyance,
reimburse the Village for all or a portion of the Rebate based on the following schedule:
YEAR OF SALE AFTER PAYMENT OF
REBATE
Within 1 year
Between 1 and 2
rs
Between 2 and 3 years
Between 3 and 4 1
Between 4 and 5
rs
rs
PERCENTAGE OF REBATE OWNER
OWES THE VILLAGE
100%
80%
60%
40%
20%
In consideration of the Village's Rebate to Owner, Owner expressly grants to the Village a lien
upon the Property if Owner fails to reimburse the Village for that portion of the Rebate due to the
Village under this Section at the time of any sale, transfer or conveyance of the Property, including
Village's reasonable attorneys' fees in enforcing its rights under this Section.
SECTION 13. TERMINATION. This Agreement may be terminated at the Village's option
by written notice to Owner upon the breach by Owner of any terms of this Agreement or if any
statement or representation made by Owner to the Village in applying for eligibility in the Program
or to obtain the Rebate shall prove untrue in any material respect, or if the Owner shall have
withheld any material information incident thereto. In the event that the Village terminates this
Agreement pursuant to this Section, Owner shall immediately repay to the Village any amounts
paid by the Village to Owner pursuant to this Agreement. This repayment obligation shall survive
termination of this Agreement.
SECTION 14. INDEMNIFICATION. Owner shall, without regard to the availability or
unavailability of any insurance, either of the Village or Owner, indemnify, save harmless, and
defend the Village, and its officials, employees, agents, and attorneys against any and all lawsuits,
claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and
administrative expenses, to the extent that arise, or may be alleged to have arisen, out of, the
design or installation of the Approved Improvements or any failure to meet the representations,
certifications, and obligations of this Agreement, whether or not due or claimed to be due in whole
or in part to the active, passive, or concurrent negligence or fault of Owner, except to the extent
caused by the sole negligence of the Village. This Section shall survive termination of this
Agreement.
SECTION 1S. GENERAL TERMS.
A. Village Not a Joint Venturer. The Village shall not, by executing this Agreement or
taking any action pursuant hereto or contemplated hereby, be deemed to be a partner or joint
venturer with Owner, Owner's contractors or any other parties.
B. Compliance with Requirements of Law. Owner shall give all notices, pay all fees
and taxes, and take all other action that may be necessary to accept the Rebate and ensure that
the Approved Improvements are constructed, installed, and maintained in accordance with and
4
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with all applicable statutes, ordinances, rules, and regulations.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of
the Parties hereto and their agents, successors, and assigns.
D. Recording of Agreement. The Village may record with this agreement with in the
office of the Lake County Recorder of Deeds or the Recording Division of the Cook County Clerk,
whichever may be applicable based on the location of the Property.
E. Waiver. No waiver of any provision of this Agreement shall be deemed to or
constitute a waiver of any other provision of this Agreement, nor shall any such waiver be deemed
to or constitute a continuing waiver unless otherwise expressly provided in this Agreement.
F. Rights Cumulative. Unless expressly provided to the contrary in this Agreement,
each and every one of the rights, remedies, and benefits provided by this Agreement shall be
cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by
law.
G. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight
courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid, or (iv) by electronic internet mail ("e-mail'). E-mail notices shall be deemed valid and
received by the addressee thereof when delivered by e-mail and (a) opened by the recipient on a
business day at the address set forth below, and (b) followed by delivery of actual notice in the
manner described in either (i), (ii) or (iii) above within three business days thereafter at the
appropriate address set forth below. Unless otherwise expressly provided in this Agreement,
notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after
deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days
following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the
requirements of this Subsection, each Party shall have the right to change the address or the
addressee, or both, for all future notices and communications to such party, but no notice of a
change of addressee or address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the
following address:
Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
Attention: Kent Street
E-mail: kstreet@deerfield.il.us
Notices and communications to Owner shall be addressed to, and delivered at, the
following address:
Horizon Realty & Management
3400 W. Stonegate Blvd — Suite 101
Arlington Heights, IL 60005
Attention: Ilija Pod
Email: ilijapod@horizonrealtyservices.com
5
(00128727.11
H. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement
by any person, firm, or corporation other than Owner shall be made or be valid against the Village.
I. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
J. Time. Time is of the essence in the performance of this Agreement.
K. Governing Laws. This Agreement shall be interpreted according to the internal
laws, but not the conflict of laws rules, of the State of Illinois.
L Joint and Several Liability. In the event that that more than one person or party is
executing this Agreement as Owner, those persons or parties shall be jointly and severally liable
for all of Owner's obligations and liabilities under this Agreement.
M. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the Village and Owner with respect to the Rebate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first above
written.
ATTEST: VILLAGE OF DEERFIELD, an Illinois home
rule municipal corporation
By:
Village Clerk Daniel C. Shapiro
Its: Mayor
ATTEST WD Associates LLC, an Illinois limited
liability company
By: _ _ By:
Its: Its:
6
(00128727.11
ACKNOWLEDGMENTS
STATE OF ILLINOIS
) SS.
COUNTY OF LAKE )
This instrument was acknowledged before me on 202_, by
the Mayor of the VILLAGE OF DEERFIELD, an Illinois municipal corporation, and by
the Village Clerk of said municipal corporation.
Given under my hand and official seal this day of , 202_.
Notary Public
My Commission expires:
SEAL
STATE OF )
) SS.
COUNTY OF )
This instrument was acknowledged before me on
and
Given under my hand and official seal this day of _
Notary Public
My Commission expires:
SEAL
__, 202
202_, by
7
(00128727.11
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THAT PART OF LOT 1 IN BLOCK 2 IN ORIGINAL PLANT OF DEERFIELD BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP
43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED MARCH 16, 1857, IN BOOK 27 DEEDS, PAGE 167,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1
BLOCK 2; THENCE NORTHERLY ON THE EAST LINE OF SAID LOT, 100 FEET;
THENCE WEST PARALLEL TO THE SOUTHLINE OF THE SAID LOT, 100 FEET,
THENCE SOUTHEASTERLY PARALLEL TO THE EAST LINE OF SAID LOT, 100 FEET,
THENCE EAST ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF
BEGINNING.
P.I.N.: 16-28-321-015
Commonly known as: 710 Deerfield Road & 800 Waukegan Road, Deerfield, Illinois
EXHIBIT B
Exhibits Describing Building Improvements and Site Improvements
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