2014-02-24 - Ordinance 2014-022 - APPROVING AN AMENDMENT OF A SPECIAL USE FOR THE SWEATSHOP LLC AT 358-362 LEXINGTON DR2/18/2014
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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:
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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.
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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
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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
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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
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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
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