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2014-0222/18/2014 E ORDINANCE NO. 2014 - 22 AN ORDINANCE APPROVING AN AMENDMENT OF A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Matthew Kuhlman The Sweatshop LLC 358 -362 Lexington Drive Buffalo Grove Commerce Center WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property ") attached hereto is zoned in the Industrial District pursuant to Village Ordinance No. 83 -32; and, WHEREAS, F.S.G.B., LLC is the owner ( "Owner ") of the Property; and, WHEREAS, Matthew Kuhlman (hereinafter referred to as the "Petitioner ") is the sole member of The Sweatshop LLC, an Illinois limited liability company, and is the operator of the business known as The Sweatshop; and, WHEREAS, the Village approved Ordinance No. 2011 -57 granting a special use to the Petitioner to operate a personal training and physical fitness facility in a tenant space of 2,050 square feet at 368 Lexington Drive; and, WHEREAS, Petitioner proposes to relocate and expand the facility in a space of 6,200 square feet at 358 -362 Lexington Drive in the same building where the current facility is operating; and, WHEREAS, said expanded personal training and physical fitness facility requires approval as an amendment of the special use in the Industrial District granted by Ordinance No. 2011 -57; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated January 8, 2014 from Matthew Kuhlman EXHIBIT D Building layout depicting tenant spaces (8 % x 11 inches, not dated) EXHIBIT E Conceptual floor plan (8 % x 11 inches, not dated) WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission held a public hearing on February 5, 2014 and determined that the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amended special use for operation of a personal training and physical fitness facility pursuant to EXHIBITS C, D and E for the Property legally described in EXHIBIT A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Matthew Kuhlman executes a lease for the tenant space at 358 -362 Lexington Drive, and provides a copy of said fully executed lease to the Village. E 3 B. The special use is granted to Matthew Kuhlman operating as The Sweatshop LLC and is assignable to subsequent petitioners seeking assignment of this special use as follows: 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. The facility shall be used for individual and group personal training and physical fitness activities as represented in the exhibits hereto and testimony presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, competitions. D. Activities at the facility shall be conducted indoors within the lease space, and amplified music shall be managed to ensure that sound from the facility is not audible on adjacent residential properties. E. The Petitioner and Owner shall monitor traffic circulation and parking on the Property and take appropriate measures, as approved by the Village, to ensure the safety of pedestrians using the facility. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease as set forth in Section 2.A of this Ordinance and the executed Petitioner's Acceptance and Agreement (Exhibit B hereto). This Ordinance shall not be codified. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: February 24, 2014 APPROVED: February 24, 2014 ATTEST: APPROVED: �t /y7, j(�,hVlllwll Villa - lerk JE REY A AN, Village President E 5 EXHIBIT A Legal Description The Sweatshop 358 -362 Lexington Drive Buffalo Grove Commerce Center Lot 32 and 33 in the Buffalo Grove Commerce Center, Unit 213, being a subdivision of part of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian (excepting there from the west 600.00 feet as measured at right angles to west line thereof) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 358 -362 Lexington Drive, Buffalo Grove, IL PIN: 15 -34- 302 -038 and 15 -34- 302 -039 M EXHIBIT B Matthew Kuhlman The Sweatshop LLC 358 -362 Lexington Drive Buffalo Grove Commerce Center Petitioner Acceptance and Agreement concerning special use ordinance Matthew Kuhlman, on behalf of himself, and as sole member of The Sweatshop LLC, an Illinois limited liability company, does hereby accept and agrees to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2014 -22 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. Matthew Kuhlman acknowledges that he has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2014 -22, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. The Sweatshop LLC By / - lqt K4(,, Matthew Kuhlman Matthew Kuhlman The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2014 -22. Owner, F.S.G.B., LLC By: °` y 3 �4 LEASE AMENDMENT THIS LEASE AMENDMENT (the "Amendment ") is made as of the 2_Sday of December, 2013, by and between FSGB, LLC, an Illinois limited liability company, (hereinafter referred to as the "Landlord ") and The Sweatshop, an Illinois limited liability company, (hereinafter referred to as "Tenant "). RECITALS: A. Landlord and Tenant acknowledge there is an existing Lease between FSGB LLC, Landlord and The Sweatshop, LLC Tenant, which Lease was executed October 12, 2011 for the premises commonly known as 368 Lexington Drive, Buffalo Grove, Illinois 60089 (the "Premises ") for a term commencing November 22, 2011 and ending on November 21, 2014, B. Landlord and Tenant now desire to amend the terms of the Lease as hereinafter provided. NOW, THEREFORE, in consideration of the mutual covenants and obligations hereinafter set forth, the parties agree as follows: Relocation and Expansion of Premises The Premises under the Lease consisting of approximately 2,050 square feet at 368 Lexington Drive, Buffalo Grove, Illinois 60089 (hereinafter, the "Existing Premises ") is hereby amended to be the premises consisting of approximately 6,200 square feet, commonly known as 358 and 362 Lexington Drive, Buffalo Grove, Illinois 60089 (hereinafter, the "New Premises "). Use. The New Premises shall be occupied and used by Tenant in accordance with the permitted uses set forth in section 10 of the Lease. Term. The term of the Lease shall be extended by five (5) years, commencing on November 22, 2014 and terminating on November 21, 2019. The lease extension shall be upon the same terms, conditions and provisions of the Lease. Upon the Landlord's turnover of the New Premises, the parties will execute a Lease certificate acknowledging the "Turnover Date." Rent. A. Fixed Minimum Rent. Tenant shall pay as Annual Minimum Rent to Landlord for the Premises as follows, in accordance with the Minimum Annual Rent Schedule set forth'below: Lease Term Monthly Annual Extension Period Base Rent Base Rent November 22, 2013 - November 21, 2014 November 22,2014-November 21, 2019 Real Estate Taxes and Common Area Char es. Tenant's share of real estate taxes and Common Area Charges will be charged to Tenant and calculated in accordance with Landlord's Turnover of the relocated premises at 358 and 362 in accordance with section 6 (c) and (d). Upon turnover of new premises Tenant will Brokers. Tenant has not dealt with any broker or agent in connection with the negotiation or execution of this Amendment. Tenant agrees to defend, indemnify and hold Landlord harmless from and against all claims, damages, costs, expenses, attorneys' fees, and other liabilities for commissions or other compensation claimed by any other broker or agent. Incorporation of Terms of the Lease. All of the terms, covenants and obligations of the Landlord and Tenant contained in the Lease and Addendum shall remain in full force and effect, except as modified herein. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. LANDLORD: FSGB,LLLLLC By: Frank Schwab TENANT. The Sweats p, LLC By: Name: Matt Kuhlman Its: Member Its: Owner 14 STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on February 24, 2014, the Corporate Authorities of the Village passed and approved Ordinance No. 2014 -22, AN ORDINANCE APPROVING AN AMENDMENT OF A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, a copy of such Ordinance was posted in and at the Village Hall, commencing on February 27, 2014 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 27th day of February, 2014. i 1 ge Clerk By 2/18/2014 ORDINANCE NO. 2014 - 22 AN ORDINANCE APPROVING AN AMENDMENT OF A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Matthew Kuhlman The Sweatshop LLC 358 -362 Lexington Drive Buffalo Grove Commerce Center WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property ") attached hereto is zoned in the Industrial District pursuant to Village Ordinance No. 83 -32; and, WHEREAS, F.S.G.B., LLC is the owner ( "Owner ") of the Property; and, WHEREAS, Matthew Kuhlman (hereinafter referred to as the "Petitioner ") is the sole member of The Sweatshop LLC, an Illinois limited liability company, and is the operator of the business known as The Sweatshop; and, WHEREAS, the Village approved Ordinance No. 2011 -57 granting a special use to the Petitioner to operate a personal training and physical fitness facility in a tenant space of 2,050 square feet at 368 Lexington Drive; and, WHEREAS, Petitioner proposes to relocate and expand the facility in a space of 6,200 square feet at 358 -362 Lexington Drive in the same building where the current facility is operating; and, WHEREAS, said expanded personal training and physical fitness facility requires approval as an amendment of the special use in the Industrial District granted by Ordinance No. 2011 -57; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated January 8, 2014 from Matthew Kuhlman EXHIBIT D Building layout depicting tenant spaces (8 % x 11 inches, not dated) EXHIBIT E Conceptual floor plan (8 % x 11 inches, not dated) WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission held a public hearing on February 5, 2014 and determined that the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amended special use for operation of a personal training and physical fitness facility pursuant to EXHIBITS C, D and E for the Property legally described in EXHIBIT A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Matthew Kuhlman executes a lease for the tenant space at 358 -362 Lexington Drive, and provides a copy of said fully executed lease to the Village. 3 B. The special use is granted to Matthew Kuhlman operating as The Sweatshop LLC and is assignable to subsequent petitioners seeking assignment of this special use as follows: 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. The facility shall be used for individual and group personal training and physical fitness activities as represented in the exhibits hereto and testimony presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, competitions. D. Activities at the facility shall be conducted indoors within the lease space, and amplified music shall be managed to ensure that sound from the facility is not audible on adjacent residential properties. E. The Petitioner and Owner shall monitor traffic circulation and parking on the Property and take appropriate measures, as approved by the Village, to ensure the safety of pedestrians using the facility. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease as set forth in Section 2.A of this Ordinance and the executed Petitioner's Acceptance and Agreement (Exhibit B hereto). This Ordinance shall not be codified. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: February 24, 2014 APPROVED: February 24, 2014 ATTEST: APPROVED: 5 EXHIBIT A Legal Description The Sweatshop 358 -362 Lexington Drive Buffalo Grove Commerce Center Lot 32 and 33 in the Buffalo Grove Commerce Center, Unit 213, being a subdivision of part of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian (excepting there from the west 600.00 feet as measured at right angles to west line thereof) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 358 -362 Lexington Drive, Buffalo Grove, IL PIN: 15 -34- 302 -038 and 15 -34- 302 -039