2022-12-05 - Ordinance 2022-133 - APPROVING A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT (15989 & 16051 Deerfield Pkwy) 1
ORDINANCE NO. 2022-133
AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT
15989 AND 16051 DEERFIELD PARKWAY
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
1970; and,
WHEREAS, on January 18, 2022, the Village Board approved Ordinance 2022-10 approving an
Annexation Agreement("Agreement")for the redevelopment of the Property located at 15989 and 16051
Deerfield Parkway described on Exhibit A; and,
WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove
an Amendment to the Agreement requesting a 6-month extension to Paragraph 26 of the Agreement
("Amendment"); and,
WHEREAS, proper and due notice of the public hearing on December 5, 2022 concerning said
Amendment have been given and the public hearing was held; and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve
said Amendment.
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.The Amendment, a copy of which is attached hereto and made a part hereof as Exhibit
B, is approved.
Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement
on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and after its passage and approval.
This Ordinance shall not be codified.
AYES: 5—Stein,Weidenfeld,Johnson,Smith, Pike
NAYES: 0—None
ABSENT: 1—Ottenheimer
PASSED: December 5.2022
APPROVED: December 5,2022
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APPROVED:
Beverly Sussma Village President
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1an "�-Jra��an,�'�'I�ge Clerk
This document was prepared by:
Christopher Stilling
Director of Community Development
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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EXHIBITA
Legal Description
PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, AND OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 43
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE LAND CONVEYED TO JOSEPH GANIER (BY DEED
RECORDED JUNE 28, 1851, IN BOOK "P" OF DEEDS, PAGE 10) WHICH POINT IS 140.58 FEET EAST AND
134.64 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 27; RUNNING THENCE SOUTH 89
DEGREES WEST 486.33 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 28 TO THE SOUTH LINE OF LAND CONVEYED TO CHARLES WISCHMAN (AS BY DEED
RECORDED MAY 11, 1878 IN BOOK 66 OF DEEDS, PAGE 474);THENCE EASTERLY ON SAID DEED LINE TO A
POINT ON A LINE 140.58 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 27;THENCE
SOUTH 1021.29 FEET TO THE POINT OF BEGINNING (EXCEPT ANY PART THEREOF FALLING IN THE
FOLLOWING DESCRIBED TRACT:COMMENCING ATTHE NORTHEAST CORNER OF THE LAND CONVEYED TO
JOSEPH GANIER (BY DEED RECORDED 1UNE 28, 1851, IN BOOK "P" OF DEEDS, PAGE 10) WHICH POINT IS
140.58 FEET EAST AND 134.64 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 27; THENCE
NORTH ALONG A LINE 140.58 FEET EAST OF, MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE
WEST LINE OF SAID SECTION 27, A DISTANCE OF 564 FEET FOR A POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE NORTHWESTERLY 722.06 FEET TO A POINT ON THE SOUTH LINE OF LAND
CONVEYED TO CHARLES WISCHMAN (AS BY DEED RECORDED MAY 11, 1878 IN BOOK 66 OF DEEDS, PAGE
474)WHICH POINT IS 399.31 FEET WEST FROM THE EAST LINE OF SAID SECTION 28 AS MEASURED ALONG
CHARLES WISCHMAN DEED LINE; THENCE EAST ALONG CHARLES WISCHMAN DEED LINE 340.83 FEET;
THENCE SOUTHEASTERLY 266.47 FEETTO A POINT 140.58 FEET EAST OF MEASURED AT RIGHT ANGLES TO
THE WEST LINE OF SAID SECTION 27 AND 281.29 FEET NORTH OF THE POINT OF BEGINNING), AND ALSO
THAT PART THEREOF CONVEYED TO THE COUNTY OF LAKE BY INSTRUMENT DATED SEPTEMBER 27, 1973
AND RECORDED OCTOBER 1, 1973 AS DOCUMENT 1636981, IN LAKE COUNTY, ILLINOIS.
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EXHIBIT B
Amendment
FIRST AMENDMENT TO
ANNEXATION AGREEMENT
16051 DEERFIELD PARKWAY
MZ CAPITAL ACQUISITIONS, LLC
This First Amendment to Annexation Agreement (hereinafter referred to as the "Amendment")
made and entered into this 5th day of December, 2022, by and between the VILLAGE OF BUFFALO
GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees
of the Village (hereinafter collectively referred to as the "Corporate Authorities") and MZ Capital
Acquisitions, LLC, 400 Skokie Blvd, Suite 580, Northbrook, IL 60062 (hereinafter referred to as "
Developer") and Chicago Title Land Trust Company, as successor trustee to Michigan Avenue
National Bank of Chicago, as trustee UTN 2139 (hereinafter referred to as "Owner")
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home Rule powers, on , 2022, the parties entered into a certain
Annexation Agreement ("the Agreement") after a public hearing was held thereon pursuant to
notice as provided by Statute; and,
WHEREAS, paragraph 26 of the Agreement provides that If the Developer fails to close on
the Property on or before December 31, 2022, all rights and benefits of this Agreement and the
approved Planned Unit Development and Rezoning Ordinances as define therein shall not be
given to the Owner and the Property this Agreement shall be null and void; and
WHEREAS, the Owner and Developer have requested that the Agreement be amended to
extend the date by which Developer is required to close on the Property in order to avoid the
Agreement becoming null and void; and
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WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et seq., of the Illinois
Municipal Code (65 ILCS 5/11-15.1-1 et seq.) and as the same may have been modified by the
Village's Home Rule powers, a proposed First Amendment to Annexation Agreement was
submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice
as provided by Statute; and,
NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Amendment is made pursuant to and in accordance with the
provisions of Section 5/11-15.1-1 et seq., of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et
seq.) and as the same may have been modified by the Village's Home Rule powers. The preceding
whereas clauses are hereby made a part of this Amendment.
2. Term ofA�reement. Paragraph 26 ofthe Agreement is hereby amended to extend
the date by which if the Developer fails to close on the Property, all rights and benefits of the
Agreement and the approved Planned Unit Development and Rezoning Ordinances shall not be
given to the Owner and the Property the Agreement shall be null and void, from December 31,
2022 to June 30, 2023.
3. Scope of Amendment. Except as specifically provided herein, the Agreement shall
remain unmodified and in full force and effect.
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IN WITNESS WHEREOF,the Corporate Authorities and Owner/Developer have caused this
instrument to be executed by their respective proper officials duly authorized to execute the
same on the day and the year first above written.
VILLAGE OF BU FALO ROVE
BY ��
Beverly Sussman, Village President
ATTEST: �
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VI�L�IGE C.L�RK
OWNER/DEVELOPER:
MZ Capital Acquisitions, LLC
By
Printed Name and Position
OWNER/DEVELOPER:
By
Printed Name and Position
This document prepared by: Patrick Brankin
Schain, Banks, Kenny& Schwartz, Ltd.
70 W. Madison Street, Suite 5300
Chicago, IL 60602
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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