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After recording mail to: Image# 046219930013 Type: ORD y,
Recorded: 05/28/2010 at 01:39:33 PM
Receipt#: 2010-00025856
Village Clerk Total Amt: $38.00 Pape i of 13
g IL Rental Housing Fund: $0.00
Village of Buffalo Grove Lake county IL Recorder
50 Raupp Boulevard
Mary Ellen Vanderventer Recorder Buffalo Grove,IL 60089 File6 6 0 7 4 2 5
2-22-2010
ORDINANCE NO. 2010 - 10
TWENTIETH AMENDMENT TO THE TOWN CENTER PLANNED UNIT
DEVELOPMENT ORDINANCE
Ordinance approving an amendment to the Planned Unit Development
and approving an amendment to the Special Use for a Family Entertainment Center
in the Commercial/Recreational Sub-District
of the B-5 Town Center District
eSkape Entertainment Center
(formerly known as: Cosmic Zone Famil�Entertainment Center)
350 McHenry Road
Buffalo Grove Town 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 as part of a Planned Unit Development in the B-5 Commercial/Recreational Sub-
District; and,
WHEREAS, Inland Real Estate-Illinois, LLC, a Delaware limited liability company is the
owner("Owner")of the Property; and,
WHEREAS, Supervalu Holdings, Inc., a Missouri corporation, is a lessee of the Property
pursuant to a Lease Agreement dated April 12, 2000 with Inland Real Estate-Illinois LLC and
Eskape Entertainment Center, LLC is a sublessee of Supervalu Holdings,Inc.; and
WHEREAS, Village Ordinance No. 2002-28 approved an amendment to the Planned
Unit Development for the Property and approved a special use pursuant to Chapter 17.28 and
Section 17.44.060.C.1.e.11 of the Village Zoning Ordinance for a Family Entertainment Center
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known as Cosmic Zone Family Entertainment Center which business name has changed to
eSkape Entertainment Center, and
WHEREAS, Eskape Entertainment Center, LLC., an Illinois limited liability company
(hereinafter sometimes referred to as the "Petitioner" or the "Operator"), is lessee of the building
on the Property and is the operator the eSkape Entertainment Center; and,
WHEREAS, Petitioner, with consent of the Owner, has petitioned the Village for
approval of an amendment to the Planned Unit Development (P.U.D.) and amendment of the
special use to conduct accessory activities including organized dance parties, corporate events,
reunions,private celebrations and social events within an area within the building known as The
Arena, which area was previously approved for laser tag pursuant to Exhibit C of Ordinance No.
2002-28; and,
WHEREAS, Petitioner proposes to conduct said accessory activities within The Arena
pursuant to this Ordinance and the following exhibits that are attached hereto and made a part
hereof:
EXHIBIT A Legal Description of the Property
EXHIBIT B Floor Plan
EXHIBIT C Owner and Petitioner Acceptance and Agreement
WHEREAS, notice of the public hearing concerning the petition for approval of an
amendment to the special use was given and the public hearing was opened on October 5, 2009
and continued to October 19, 2009, November 2, 2009, December 7, 2009, January 4, 2010,
January 18, 2010, February 1, 2010 and February 22, 2010 by the Corporate Authorities of the
Village of Buffalo Grove; and,
WHEREAS, the Village President and Board of Trustees after due and careful
consideration have determined that the development of the Property subject to the terms and
conditions herein set forth would enable the Village to control development of the Property 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
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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 amendment to the special use to operate within an area within the
building on the Property known as The Arena, accessory activities of organized dance parties,
corporate events, reunions, private celebrations and social events in accordance with the Exhibits
hereto for the Property legally described in EXHIBIT A attached hereto, subject to the conditions
set forth herein. Said amendment to the special use for the Property shall be referred to
hereinafter as "Special Use," and shall be construed to refer to The Arena and activities therein.
In the event that the Corporate Authorities revoke the Special Use for the "Dance Parties" or this
Ordinance is terminated pursuant to Section 8 hereof, the other accessory activities set forth
herein may continue to be conducted in the Arena.
Section 3. For purposes of this Ordinance the following definitions shall apply unless
the context requires otherwise:
a. "The Arena" means the approximately 3,580 square foot area plus a mezzanine of
approximately 600 square feet labeled on Exhibit "B" hereto as "Special Event
Space" and located at 350 McHenry Road. The labeling on Exhibit `B" of"Special
Event Space" is for identification purposes only and confers no use of the space
except as set forth in this Ordinance.
b. "Dance Party" or "Dance Parties" to include any scheduled and organized event in
The Arena which is open to the public and whereby the primary purpose of the
promotion or activity is dancing.
c. "Operator" shall mean Eskape Entertainment Center, LLC., an Illinois limited
liability company, whose owners are William Feldgreber, Kaplan Ventures Group,
LLC. and Till Belconis.
Section 4. Approval of the Special Use within The Arena for accessory activities of
business and social events and Dance Parties within the building at 350 McHenry Road on the
Property is subject to the following conditions:
a. The Operator shall ensure that the Special Use granted herein shall serve the public
convenience and shall not be detrimental to the public health, safety, morals, comfort, or
general welfare.
b. The Special Use for Dance Parties shall be limited to the use by only the Operator. The
Special Use can not be assigned or transferred and does not run with the property.
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c. The Arena may be used for corporate events, social events, reunions, private celebrations,
and Dance Parties as approved as set forth herein. Dance Parties are limited to The Arena
and shall not be conducted in other areas of the building at 350 McHenry Road.
d. The Arena is depicted on Exhibit B hereto and is 3,580 square feet plus a mezzanine of
approximately 600 square feet. Prior to occupancy, The Arena must be approved by the
Village's Building and Fire Departments, which would include the review of an independent
engineer's report, or comparable professional acceptable to the Village, provided by the
Operator, documenting the occupancy capacity and weight load of the mezzanine.
e. The Arena shall close for public and private events no later than 2:00 a.m. on Saturday and
Sunday morning and on 1:00 a.m. the other days of the week, with the exception of New
Year's Eve which hours shall be in accordance with liquor license regulations as set forth in
Chapter 5.20 of the Village of Buffalo Grove Municipal Code. The Arena shall close at 1:00
a.m. on any day when a Dance Party includes individuals under the age of 21 years. All
attendees must be outside The Arena no later than the closing time. The Operator shall
ensure that proper procedures are in place for the removal of all attendees in The Arena in a
safe and efficient manner at the closing time.
f. Dance Parties shall be limited to two groups of customers, namely: (i) customers twenty-
one years of age and older, or (ii) customers seventeen years of age through twenty years of
age.
g. Dance Parties are only allowed on Friday and Saturday nights for one of each of the groups
noted in the foregoing subsection f. If the Operator wishes to hold a Dance Party for the
same group, for example, customers twenty-one years of age and older on both Friday and
Saturday evenings, the modification shall require written notification to the Village Manager
within 30 days of the change. Dance Parties are prohibited any day Labor Day weekend —
Friday, Saturday, or Sunday. Dance Parties are allowed on any evening prior to the
following national holidays, or evening of the following national holidays:
1) New Year's (January)
2) Martin Luther King Jr. Day (January)
3) President's Day(February)
4) Easter(April)
5) Memorial Day (May)
6) Independence Day (July)
7) Columbus Day (October)
8) Veteran's Day (November)
9) Thanksgiving(November)
10) Christmas (December)
h. The Operator shall provide notice of each Dance Party to the Village's Chief of Police not
more than 30 and not less than 21 days in advance of each event. If the Operator cancels a
Dance Party, written notification must be provided to the Chief of Police with a minimum of
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48 hours notice of the event from the start time of the Dance Party in order not to incur any
police related expenses.
i. The Operator shall adhere to the requirement set forth in Section 17.44.060.C.e.11 of the
Village's Zoning Ordinance pertaining to the Special Use requirement for Family
Entertainment Center in the B-5 Town Center Planned District which states, "The facility,
including adjacent outdoor areas, shall be managed to maintain the safety of customers and to
avoid the creation of nuisances affecting adjacent properties and businesses. The Village
shall be notified prior to the staging of dance parties and similar activities and special events,
and specific provisions to properly manage said events and activities shall be included in the
security plan. The Local Liquor Control Commissioner shall be provided with the protocol(s)
to be implemented regarding the sale and consumption of alcoholic beverages within area(s)
identified or set aside for dance parties and similar activities and special events. Protocol(s)
shall be subject to the Local Liquor Control Commissioner's approval. A security plan
(including but not by way of limitation, adult security personnel), subject to approval by the
Village is required prior to issuance of a certificate of occupancy. The Village may, in its
discretion, from time to time review the security plan and require appropriate changes.
Failure to make required changes or failure to implement such changes to the approved
security plan may result in the revocation of the business license."
j. The Operator shall be required to undertake a background check for each manager,
supervisor, and security personnel that are assigned to any Arena responsibilities. The
background check will be conducted through the Buffalo Grove Police Department or other
law enforcement agency approved by the Chief of Police and will include a fingerprint
inquiry through the Illinois State Police and Federal Bureau of Investigation. The cost of the
background check shall be passed onto the Operator. If a manager, supervisor or security
employee had a fingerprint record conducted within three years of hire by the Operator by an
approved law enforcement agency as determined by the Chief, that fingerprint record may be
used. A list of all names of Dance Club security personnel, including a copy of their driver's
license or other form of photo identification which includes the individual's date of birth,
must be filed with the Chief of Police within 5 business days of hire.
k. The Buffalo Grove Police Department shall have access to the video surveillance system for
the Property which includes access of the Operator's static internet protocol address, but not
including cameras monitoring cash registers. The Operator shall be responsible for the fees
associated with the static internet protocol address and up to a maximum of $2,100 of the
cost of any equipment necessary in order for the Village to install a Honeywell Rapid Eye
Multi-Media LT v7 video surveillance system on the Property that is connected to the
existing Buffalo Grove Police Department Honeywell Rapid Eye video surveillance system.
The Operator shall be responsible for maintaining the video surveillance system in good
working order. No Village certificate of occupancy shall be issued for The Arena until the
foregoing payment for the Honeywell System is made to the Village.
1. Sale and consumption of liquor at Dance Parties in The Arena is prohibited if individuals
under the age of 21 are present.
in. The Operator will be required to hire a minimum of two Buffalo Grove Police uniform
officers for any Dance Party as determined by the Buffalo Grove Chief of Police. The Chief
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of Police reserves the right to mandate that the Operator hire additional Buffalo Grove Police
Officers if a credible threat has been identified as determined solely by the Chief of Police or
his command staff. Upon request by either the Village of Buffalo Grove or Operator, a
review of the security plan and safety of the Special Use granted herein shall be conducted.
Upon request by either the Village of Buffalo Grove or Operator, a review of the security
plan and safety of the Special Use granted herein shall be conducted. A police review may
not be requested by the Operator within the first six months of operation, and may not be
conducted more frequently than two times per calendar year. Notwithstanding the foregoing,
a courtesy review of the Special Use shall be conducted by the Village three months
following the issuance of the certificate of occupancy for The Arena.
n. Security personnel are required to undergo a training program by the Buffalo Grove Police
Department. This training will include,but not be limited to, false identification review, gang
awareness and impaired recognition training. There shall be no cost to the Operator for the
training program. All security personnel shall undergo a training program within 14 days of
employment, or as said training program is scheduled by the Buffalo Grove Police
Department.
m. Any member (or designee) of the Buffalo Grove Police Department, under the direction of
the Chief of Police or his designee shall have the right to enter any portion of the building to
determine if any and all activities at the Property are being conducted in compliance with the
Buffalo Grove Municipal Code and this Ordinance.
n. Any alcoholic liquor violations and any drug violations observed by management or the
Operator's security staff must be reported immediately to the Buffalo Grove Police
Department. In addition to the foregoing, the Operator, its management and security staff are
responsible for reporting known violations of other Village ordinances, state law and federal
law.
q. It is prohibited to produce loudly audible sounds, including vibration, coming from The
Arena during Dance Parties, whereby the level exceeds seventy (70 db) decibels (slow meter
response) at the property lines of the Property.
r. All emergency evacuation procedures must conform to fire standards as determined by the
Village Fire Marshal or designee. Emergency evacuation procedures for The Arena shall be
provided to the Village Fire Marshal or designee, and said procedures are subject to approval
by the Fire Marshal.
s. Any violation of the terms of this Ordinance, the Buffalo Grove Municipal Code, state or
federal laws or regulations shall be cause for the Village to repeal this Ordinance if such
violation is not remedied within a reasonable time after notice has been given of the
violation.
t. If the activities of patrons of a Dance Party are determined by the Village to be detrimental
to or endanger the public health, safety, morals or general welfare or are violations of the
law, and the Operator fails to address such activities, the Village may repeal this Ordinance.
u. When the conduct or operation of the special use granted by this Ordinance shall constitute a
nuisance or endanger or be a reasonable threat to the public health, safety or general welfare,
the Corporate Authorities shall have the authority to summarily order the cessation of the
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special use for Dance Parties for a period not exceeding thirty (30) days. Within the period
of cessation the Corporate Authorities shall hold a hearing, after notice to the Operator, for
the purpose of determining whether the special use should be revoked. The special use for
Dance Parties granted by this Ordinance may be revoked by the Corporate Authorities after
notice and hearing if the conduct or operation of the special use constitutes a nuisance or
endangers or is a reasonable threat to the public health, safety or general welfare.
Section 5. Village Ordinance No. 2002-28 remains in full force and effect except as
specifically modified by this Ordinance.
Section 6. In the event that any section, clause, provision, or part of this Ordinance shall be
found and determined to be invalid by a court of competent jurisdiction, all valid parts that are
severable from the invalid parts shall remain in full force and effect. If any part of this
Ordinance is found to be invalid in any one or more of its several applications, all valid
applications that are severable from the invalid applications shall remain in effect.
Section 7. This Ordinance shall be in full force and effect from and after its passage,
approval, and publication, subject to execution by the Owner and Petitioner of the Acceptance
and Agreement attached hereto as Exhibit C, incorporated herein and made a part hereof and the
filing of said Agreement and Consent Form with the Village. This Ordinance shall not be
codified.
Section 8. This Ordinance shall be effective until September 1, 2010 unless extended by
action of the Corporate Authorities.
AYES: 4-Berman, Glover, Trilling, Stone
NAYS: 2 -Braiman, Sussman
ABSENT: 0-None
PASSED: February 22, 2010
APPROVED: February 22, 2010
PUBLISHED: February 23, 2010
ATTEST:
Village Clerk Village President
This document was prepared by:
William Raysa,Village Attorney Mail to: Village Clerk
Village of Buffalo Grove Village of Buffalo Grove
50 Raupp Boulevard 50 Raupp Boulevard
Buffalo Grove,IL 60089 Buffalo Grove,IL 60089
. 8
EXHIBIT A
eSkape Entertainment Center
350 McHenry Road
SUBJECT PROPERTY LEGAL DESCRIPTION:
Lot 2, Buffalo Grove Town Center, Unit 8, being a resubdivision of Lot 2 in Buffalo Grove
Town Center Unit 5, in the southwest quarter of Section 33, Township 43 North, Range 11 East
of the Third Principal Meridian in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 350 McHenry Road, Buffalo Grove, IL.
PIN: 15 -33 -304 - 161 - 0000
EXHIBIT B
eSkape, 350 McHenry Rd
Ordinance No. 2010-10
Page 1 of 2
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E s ItA.-P ENTERTAINMENT CENTER
BUFFALO GROVE" I" INOIS
EXHIBIT B
eSkape, 350 McHenry Rd
Ordinance No. 2010-10
Page 2 of 2
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EXHOIT C
ACCEPTANCE AND AGREEMENT
The undersigned, Eskape Entertainment Center, LLC., an Illinois limited liability company, as
lessee of the Property described in the within and foregoing Ordinance No. 2010-10 , Inland
Real Estate-Illinois, LLC, a Delaware limited liability company as owner of the Property and
Supervalu Holdings, Inc., a Missouri corporation as lessor of the Property, do hereby accept and
agree to abide by the provisions, requirements, and conditions contained within and required by
said Ordinance and do hereby acknowledge that the fulfillment of such provisions, requirements,
and conditions is essential to the grant and continuance of the special uses allowed therein and
that but for the imposition of such provisions, requirements, and conditions, the special uses
would not have been granted.
The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo
Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available
to the Village to secure compliance with the provisions, requirement, and conditions agreed to
herein.
Eskape Entertainment Center,
(LLC
By: (JIfl W'&i
P ' t name and titl
�dd Ik
Signature
SUBSCRIBED AND SWORN TO
before me this /?day of , 2010.
Notary Public
Inland Real Estate-Illinois, LLC, a Delaware
limited liability company
By.
�n� "OFFICIAL
Sig
ROBERT FREED Print name and title
COWISSION EXPIFWS:01&M2
Signature
SUBSCRIBED AND SWORN TO
before me this_day of , 2010
Notary Public
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EX1cIIBL'T C
ACCF10TANCE AND AGREEMENT
The undersigned, P.skape Entrrtaintleat Center, LLC., an Illinois limited liability company, as
lessee of the Property described in the within and foregoing Ordinance No. 2010-_l v' Inland
Real Estate Illinois, LLC, a I3elawixe limited liability company as owner of the Property and
Supervalu holdings,Inc., a MissubtI corporation as lessor of the Property, do hereby accept and
agree to abide by the provisions, requirements, and conditions contained within and required by
said Ordinance and do hereby ackncwledge that the falMment of such provisions,requirements,
and conditions is essential to the grant aud�contiuuance, of the special uses allowed therein and
that but for the'imposition of suet provisions, requirements, and conditions, the special uses
would not have been granted.
-The commitment herein made by tb a undersigned shall be enforceable by the Village of Buffalo
Grove, Illinois,in a court of law or in equity in addition to any and all other remedies available
.to,the Village to secure compliance: with the provisions, requirement, and conditions agreed to
herein.
Eskape Entertainment Center,I LC
By:
Print name and title
Signature
SUBSCRIBED AND SWORN TO
before me,this_day of 2010.
Notary Public
Wand Real Estate-Illinois,LLC,a Delaware
limited liability company f •�
sy:
tPrinname and title
Signatur
SUBSCRIBED AND SWORN TO
before me this day of
Notary Public • - . • . •,
Supervalu Holdings,Inc.,a Missouri
corporation
By: ROVNc\d T M"4cs V,ce_ �Ttc5;
Print name and title
�
K'S
- e
Signature
SUB CRIBIID SWORN TO
befo r me this day of ffiAtj 2010
U 2��1
Notary Public
i