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HomeMy WebLinkAboutOrd 6011 06/05/2012 Amend the Annexation Agreement - 1703 East Kensington RoadORDINANCE NO. 6011 AN ORDINANCE TO AMEND THE ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 1703 EAST KENSIGNTON ROAD WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 4979 entitled "An Ordinance Authorizing an Annexation Agreement for Certain Property Located at the Southeast Corner of Wolf and Kensington Roads (Carematrix Development) at their regular meeting held December 15, 1998; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 5838 entitled An Ordinance Granting a Conditional Use Permit for the Preliminary approval of a Planned Unit Development for Property located at 1703 East Kensington Road at their regular meeting March 15, 2011; and WHEREAS, the Annexation Agreement is hereby amended as set forth in Exhibit "A" to incorporate the Preliminary PUD being the subject of Ordinance No. 5838; and WHEREAS, the Annexation Agreement sets forth the development of the annexed property legally described and attached to and made part of the amendment to Annexation Agreement as Exhibit "A ", senior housing facility and Exhibit "B" Walgreen retail store; and WHEREAS, the Village President and Board of Trustees hereby find that it is in the best interest of the Village to approve an Amendment to the Annexation Agreement for property located at 1703 East Kensington Road. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That the Village Clerk is authorized and directed to record a certified copy of this Ordinance and Exhibits with the Recorder of Deeds of Cook County. SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 5th day of June, 2012 rvana K. Wilks Mayor ATTEST: M.LLfsa Ange Village Clerk AMENDMENT TO ANNEXATION AGREEMENT THIS AMENDMENT TO ANNEXATION AGREEMENT (this "Amendment ") is made and entered into this 2-0 day of ' i)ne_, 2012, between the Village of Mount Prospect, Illinois (hereinafter referred to as the "Village "), and 1751 Kensington LLC, an Illinois limited liability company (hereinafter referred to as the "Owner ") of the real estate described on Exhibit A attached hereto (the "Premises ") and Alden Realty Services, Inc., an Illinois corporation which is the contract purchaser of the Premises (hereinafter referred to as "Purchaser "). WITNESSETH: WHEREAS, the Premises was annexed to the Village along with certain other real estate (collectively, the "Annexed Property ") in accordance with that certain Annexation Agreement dated March 2, 1999 (the "Original Agreement ") as authorized by Ordinance No. 4979 approved December 15, 1998 which Original Agreement was recorded in the Office of the Cook County Recorder of Deeds on March 10, 1999 as Document Number 99230345; and WHEREAS, the Annexed Property is comprised of the Premises and certain adjacent real estate legally described on Exhibit B attached hereto ( "Lot 2 ") which Lot 2 has been developed in accordance with the terms of the Original Agreement; and WHEREAS, Owner acquired fee simple title to the Premises subsequent to the date of the Original Agreement; and WHEREAS, Purchaser and Owner have executed a real estate sales contract with respect to the Premises; and WHEREAS, the Village recognizes the need for affordable senior housing and has targeted the Premises for redevelopment as affordable dwelling units for seniors; and WHEREAS, the Purchaser proposes that the Premises be developed with ninety -two (92) affordable dwelling units for seniors in accordance with that certain "Ordinance Granting A Conditional Use Permit for the Preliminary Approval of a Planned Unit Development For Property Located at 1703 Kensington Road" approved March 15, 2011 (the "Preliminary PUD "), and other ordinances of the Village, and also in accordance with the terms and conditions of the Original Agreement as hereby modified; and WHEREAS, the Village is agreeable to all of such development in accordance with this Agreement; and WHEREAS, the Village, after due and careful consideration has concluded that the amendment of the Original Agreement pursuant to the terms and conditions hereinafter set forth would further the growth of the Village, enable the Village to control the development of the area, extend the corporate limits and jurisdiction of the Village, permit the sound planning and 120304.5 development of the Village, and otherwise enhance and promote the general welfare of the Village; and WHEREAS, pursuant to the provisions Section 11- 15.1 -1, et seq., of the Illinois Municipal Code, a proposed amendment to annexation agreement in substance and form substantially the same as this Amendment was submitted to the Village and a public hearing was held thereon pursuant to notice, as provided by statute; and WHEREAS, the Corporate Authorities of the Village, after due deliberation have, by ordinance, duly adopted and approved and authorized the execution of this Amendment and directed its Village President and Village Clerk to execute this Amendment. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. INCORPORATION AND PREAMBLE AND EXHIBITS The Preamble to this Amendment and all exhibits referred to in the preamble and this Amendment are incorporated herein as if fully set forth in this Section 1. 2. MUTUAL AGREEMENT The Village, the Owner, and the Purchaser in consideration of the mutual agreements herein contained, the sufficiency of which consideration is hereby acknowledged, agree that, from and after the execution of this Amendment, they will perform or allow to be performed the following covenants and agreements on their respective parts. Provided, however, in the event that Owner delivers written notice (the "Notice of Termination ") to the Village (which notice shall be in recordable form) stating that the real estate sales contract (the "Contract') for the Premises by and between Purchaser and the Owner has been terminated and such Notice of Termination is recorded in the Office of the Cook County Recorder of Deeds, then this Amendment shall be null and void and of no further force or effect as of the date such Notice of Termination is recorded, in which event the Original Agreement shall be reinstated. In the event the Owner shall execute a deed or deeds for the Premises to the Purchaser or its affiliates (the "Deed ") and such Deed shall be recorded, it shall be conclusively presumed that the transaction contemplated by the Contract shall have been consummated and this Amendment shall remain in full force and effect and the Owner shall no longer have the right to record a Notice of Termination. Notwithstanding the foregoing, in the event the Deed is not recorded on or before December 31, 2013, this Amendment shall be null and void and of no further force or effect and the Original Agreement shall be reinstated. 3. ZONING AND DEVELOPMENT Notwithstanding anything in the Original Agreement to the contrary, (i) the Premises will be developed with a 3 -story building containing not more than ninety -two (92) affordable dwelling units for seniors; and (ii) the development of the Premises shall be substantially in accordance with and subject to the terms and conditions of the Preliminary PUD. 2 4. ORIGINAL AGREEMENT Purchaser, Owner and the Village represent and warrant to the other that to the best of their respective knowledge, no default exists under the Original Agreement. 5. NOTICES Section 26 of the Original Agreement is amended to add the following addresses for notices, requests or demands: If to Owner: Tom Lichter Lichter Realty Inc. 4320 N. Elston Ave. Chicago, Illinois 60641 If to Purchaser: Randi Schullo Alden Realty Services, Inc. 4200 West Peterson Avenue Chicago, Illinois 60646 6. GENERAL PROVISIONS (a) This Amendment, when recorded, but subject to Section 2, above, shall be binding upon and inure to the benefit of the parties hereto, their respective grantees, successors in interest, assignees, lessees, and upon any successor municipal authorities of the Village and successor municipalities for a period of twenty (20) years from the date of execution of the Original Agreement. (b) This Amendment constitutes a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto and all of their respective grantee, transferees, successors in interest, assignees, and lessees, during the term of the Original Agreement. (c) This Amendment shall be recorded in the office of the Recorder of Cook County, Illinois. (d) If any provision of this Amendment is found by a court of law to be in violation of any applicable local, state or federal law, ordinance or regulation and if a court of competent jurisdiction should declare such provision of this Amendment to be illegal, void or unenforceable such provision shall be severed from this Amendment and this Amendment shall continue in full force and effect as if such provision were not contained herein. (e) The Corporate Authorities for the Village warrant that they have the authority to enter into this Amendment. Owner warrants that the execution of this Amendment has been duly and validly authorized and that the obligations 3 imposed upon Owner herein shall be valid and binding obligations of the Owner. Purchaser warrants that the execution of this Amendment has been duly and validly authorized and that the obligations imposed upon Purchaser herein shall be valid and binding obligations of the Purchaser. (f) The captions of paragraphs are intended only for the convenience of the parties and are not to be constructed as part of this Amendment or as a limitation of the scope of the particular sections to which they refer. (g) This Amendment may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Signatures on the following page] 4 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed as of the day and year first above written. Village of Mount Prospect, Illinois By: ATTEST By: Alden Realty Services, Inc. Y: Its President 1751Kensington LLC, an Illinois limited liability com anv (''t STATE OF ILLINOIS ) )SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County, in the State aesaid, DO HEREBY CERTIFY THAT �/ ucl ✓ c, A . Lui / h �- . as the v"' of the Village of Mount Prospect, an Illinois Municipal Corporation, personally known to me, to be, the same person whose name is subscribed, to the foregoing instrument, appeared before me this day in person and acknowledged thatgned and delivered the said instrument ash own fee and voluntary act and as the free and voluntary act of the said corporation. n�- Given under my hand and Notarial Seal this l i day of u o - , 2012. E OFFICIAL SEAL DOREEN C JAROSZ ARY PUBLIC - STATE OF ILLINOIS COMMISSION EXPIRES 04/13114 r_ C Notary Public STATE OF ILLINOIS ) )SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, do hereby certify that , personally known to me to be the of Alden Realty Services, Inc., personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he /she, as such , signed and delivered the said instrument and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as his /her free and voluntary act, and as the free and voluntary act and deed of said corporation, for the used and purposes therein set forth. Given under my hand and Notarial Seal this /S'day of J UXZ , 2012. � v =SE& OE t�10" APY PUNOIS h�;Y C�,t�4 M 109i13 6�� �m A4 Notary Pub I STATE OF ILLINOIS } )ss COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, do hereby certify that :2b,7 A, & j 1. it 4 � e -- , personally known to me to be the P� of 1751 Kensington LLC, an Illinois limited liability company, personally known to me to the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he /she, as such s o %, signed and delivered the said instrument and caused the corporate seal of said corpor�to be affixed thereto, as his /her free and voluntary act, and as the free and voluntary act and deed of said company, for the used and purposes therein set forth. Given under my hand and Notarial Seal this -4/day of , 2012. =N:oW �yPrublic J�►L otary Public WORTH of Illinois Jun 18, 2014 7 EXHIBIT A Lot 1 in Charles Subdivision of part of the Northwest X of Section 36, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded March 10, 1999 as document 99230400 in Cook County, Illinois. Property Index Number; 03 -36- 100 - 028 -0000 EXHIBIT 6 Lot 2 in Charles Subdivision of part of the Northwest % of Section 36, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded March 10, 1999 as document 99230400 in Cook County, Illinois. Property Index Number: 03 -36- 100 - 029 -0000 The Alden Foundation Providing affordable housing for seniors July 20, 2012 Ms. M. Lisa Angell Village Clerk Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 RE: Amended Annexation Agreement for 1703 E. Kensington Road Dear Ms. Angell: Enclosed please find one original, fully executed Amended Annexation Agreement for the above - referenced property. We understand that the village will take care of having this agreement recorded. Thank you for your assistance. Sincerely, Zz� 16eotz� Beth Demes Executive Director Enclosure: 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax: (773) 286 -1562 MAYOR Irvana K Wilks TRUSTEES Paul Wm Hoefert Arlene A. Juracek A. John Kom John J. Mattmak Steven S. Polit Michael A. Zadel VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847 /392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 wmw.mountprospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 June 11, 20112 Ms. Randi Schullo Alden Realty Services 4200 West Peterson Avenue Chicago, IL 60646 Dear Mr. Schullo: c G l �e 3� l� Enclosed is a true and correct copy of Ordinance No. 6011 "AN ORDINANCE TO AMEND THE ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 1703 KENSINGTON ROAD," passed at regular meeting of the President and Village Board of Trustees held June 5, 2012 at which time the Village Board approving and authorizing execution of the Amended Annexation Agreement. Three (3) executed originals of the approved Amended Annexation Agreement are also included. Two (2) copies are for your records; I request the remaining copy be executed and returned to the Village Clerk's office. Thank you. Sincerely, M. Lisa Angell Village Clerk Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Enclosure -