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2022-12-05 - Ordinance 2022-129 - AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A FIRST AMENDMENT TO DECLARATION OF EASEMENT AND PROTECTIVE COVENANTS APTAKISIC CREEK CORPORATE PARK BUFFALO GROVE, ILLINOIS ORDINANCE NO. 2022-129 AN ORDINANCE AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A FIRST AMENDMENT TO DECLARATION OF EASEMENT AND PROTECTIVE COVENANTS APTAKISIC CREEK CORPORATE PARK BUFFALO GROVE, ILLINOIS WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove purchased an existing 173,000 square foot industrial building located at 1650 Leider Lane (the "Building")for a new Public Works facility; and WHEREAS, the Building is part of the Leider Lane Commercial Property Owners Association (the "Association"), which is subject to a Declaration of Easements and Protective Covenants for the Aptakisic Creek Corporate Park(the "Declarations"); and WHEREAS, a First Amendment to the Declaration of Easements and Protective Covenants for the Aptakisic Creek Corporate Park(the"First Amendment")is required to accommodate the Village of Buffalo Grove as a governmental body within the Association, in accordance with the terms and conditions outlined in Exhibit A. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute First Amendment to the Declaration of Easements and Protective Covenants for the Aptakisic Creek Corporate Park, attached hereto as Exhibit A, subject to the final approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and not be codified. AYES: 5—Stein,Weidenfeld,Johnson,Smith, Pike NAYES: 0—None ABSENT: 1—Ottenheimer PASSED: December 5, 2022 APPROVED: December 5,2022 APPROVED: Beverly Sussman age President ATTEST: ,, � -'� ' "��_����� ��.�U+�cx,.ri,! _� lan�[ �ra�:an,Vili?ge Clerk - � . _ � - ;,' - . . Exhibit A First Amendment to the Declaration of Easements and Protective Covenants for the Aptakisic Creek Corporate Park This document prepared by and after recording return to: Ali Kassing, Esq. Katten Muchin Rosenman LLP 525 West Monroe Street, Suite 1900 Chicago, Illinois 60661 This s ace reserved or Recorder's use onl FIRST AMENDMENT TO DECLARATION OF EASEMENT AND PROTECTIVE COVENANTS APTAKISIC CREEK CORPORATE PARK BUFFALO GROVE, ILLINOIS THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND PROTECTIVE COVENANTS FOR APTAKISIC CREEK CORPORATE PARK (the "First Amendment"), effective as of the day of December, 2022, is made by 1700 Leider Lane, L.L.C., a Delaware limited liability company ("Lot 1 Owner"), 1701 Leider Lane, L.L.C., a Delaware limited liability company ("Lot 2 Owner"), and Village of Buffalo Grove, an Illinois municipal corporation ("Lot 3 Owner"). RECITALS: A. Peerless Bridge, LLC, an Illinois limited liability company, entered into that certain Declaration of Easements and Protective Covenants Aptakisic Creek Corporate Park Buffalo Park, Illinois dated as of August 13, 2008 and recorded with the Lake County, Illinois Recorder on August 26, 2008 as Document No. 6384910 (as amended, the "Declaration"). B. Pursuant to the Declaration, the owners of record of that certain real property situated in the Village of Buffalo Grove, Lake County, Illinois and described on Exhibit A attached hereto and made a part hereof formed the Leider Lane Commercial Property Owners Association, an lllinois not-for-profit corporation ("Association") and entered into those certain Bylaws of Leider Lane Commercial Property Owners Association dated October 6, 2020 ("Bylaws"). C. Lot 1 Owner is the owner of record of that certain real property situated in the Village of Buffalo Grove, Lake County,Illinois and commonly known as 1700 Leider Lane("Lot 1") as more particularly described on Exhibit A attached hereto and made a part hereof. 15443681�v6 D. Lot 2 Owner is the owner of record of that certain real property situated in the Village of Buffalo Grove, Lake County, Illinois and commonly known as 1701 Leider Lane("Lot 2") as more particularly described on Exhibit B attached hereto and made a part hereof. E. Lot 3 Owner is the owner of record of that certain real property situated in the Village of Buffalo Grove, Lake County, Illinois and commonly known as 1650 Leider Lane("Lot 3", and together with Lot 1 and Lot 2, collectively "North Parcel"), as more particularly described on Exhibit C attached hereto and made a part hereof. F. Lot 1 Owner, Lot 2 Owner and Lot 3 Owner are all the current owners of the Property (as defined in the Declaration) currently subject to the Declaration. G. As used herein,Lot 1 Owner, Lot 2 Owner and Lot 3 Owner may be referred to individually aS a"P�" OT COIIeCtlVely, aS t110 "PaT�leS". H. The Parties desire to amend the Declaration as more particularly set forth herein,upon and subject to the terms and conditions of this First Amendment. NOW, THEREFORE, far and in consideration of the foregoing Recitals, which are made a part hereof, the mutual promises, covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledged, the Declaration is hereby amended as follows: 1. Definitions. Capitalized terms used herein and not otherwise defined herein shall bear the meanings given to them in the Declaration. 2. Amendments. The following provisions are hereby added to the Declaration: a. Indemnitv. i. To the fullest extent permitted by law, each Owner shall defend, indemnify and hold the Association harmless from any and all third-party claims, losses, and liabilities (including attorney's fees and court costs) suffered or incurred by the Association, including damage to property or injury to, or death of, persons (including subcontractors), arising as a result of the acts ar omissions of the Owner or such Owner's agents, employees or subcontractors, or any cause whatsoever arising out of the Owner's property, activity, or operations. Lot 3 Owner, as a governmental body, shall not defend, indemnify, or hold the Association harmless for any third- party claims, losses, or liabilities suffered or incurred as a result of the acts or omissions of the other Owners or such Owner's agents, employees or subcontractors. It shall only defend, indemnify, or hold the Association harmless for any third-party claims, losses, or liabilities suffered or incurred as a result of the acts or omissions of the Village of Buffalo Grove, its agents, employees ar subcontractors or any causes whatsoever arising out of the Lot 3 Owner's property, activity or operations. Notwithstanding anything contained herein to the contrary, nothing contained in this First Amendment or the Declaration shall be deemed or construed as a waiver of any tort immunity rights, privileges, or defenses in favor of or retained by the Village of Buffalo Grove, in its municipal capacity, under applicable governmental laws, rules, regulations, and ordinances, including, but not limited to, the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. ii. Every contract made by the Association at the direction of the Directors (as defined in the Bylaws) and officers of the Association shall state that it is executed by such Director and/or officer(as the case may be) only as agent for the Association, and such Directors and/or officers shall have no personal liability with respect thereto. The Directors and officers shall not be liable to the Association or any Owner for any mistake of judgment, negligence or otherwise, except for their own individual gross negligence or willful misconduct. The Association shall indemnify, defend and hold harmless each of the officers and Directors from and against all claims, causes of action, liabilities (including contractual liability to others arising out of contracts made by the Directors and officers on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or Bylaws)suffered or incurred by such Directors or officers while acting in their capacity as Directors or officers (as the case may be) of the Association, but only to the extent that such loss, claim, or liability is not fully covered by Director's and officer's liability insurance. iii. The indemnification provided hereunder shall inure to the benefit of the heirs, executars and administrators of the respective indemnitees described in the foregoing paragraphs (i) through (ii) (inclusive). The right of indemnification provided herein shall be in addition to and not exclusive of all other rights to which any person may be entitled. iv. No amendment or repeal of this provision which adversely affects the right of an indemnified person under this provision shall apply to such person with respect to those acts or omissions which occurred at any time prior to such amendment ar repeal, unless such amendment or repeal was voted by or was made with the written consent of such indemnified person. b. Fidelit,y Bonds. The Association shall obtain and maintain adequate fidelity bonds or crime coverage in an amount not less than 125%of the total annual Assessments for the year (in such form and in such greater amounts as may be required by the Mortgagees) to protect against dishonest acts on the part of the officers, Directors, and employees of the Association who handle or are responsible for Association funds. The premiums on such bonds shall constitute a CAM Cost. Such fidelity bonds shall name the Association as an obligee. 3. Bindin� Effect; Run with the Land. This First Amendment and the right and obligations hereunder shall be for the benefit of and shall be binding upon the Owners and their respective successors and assigns, and the covenants contains herein shall be deemed to run with the land. 4. Modification; Waiver. This First Amendment shall not be modified or amended except pursuant to an instrument in writing executed and delivered on behalf of each of the Owners. 5. Terms of Agreement. Except as expressly modified or amended by this First Amendment, all terms, conditions, and provisions of the Declaration, are hereby ratified and confirmed and shall remain in full force and effect; provided, however, that any other provision of the Declaration shall be deemed modified if and as necessary to give practical effect to the provisions of this First Amendment. To the extent that the terms and provisions of this First Amendment conflict with the Declaration, the terms and provisions of this First Amendment shall control. 6. Authorization. The Parties hereto represent and warranty that they have the authority and power to enter into this First Amendment and to consummate the transaction provided for herein. This First Amendment constitutes a legal binding, valid and enforceable obligation of the Parties, and there are no claims or defenses, personal or otherwise, or offsets whatsoever to the enforceability or validity of this First Amendment. 7. Applicabte Law. This First Amendment shall be interpreted, applied and enfarced in accordance with the laws of the State of Illinois. 8. Execution. This First Amendment may be executed in any number of identical counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 9. Entire Agreement. The Declaration, together with this First Amendment, embodies the entire understanding between the Owners with respect to its subject matter and can be changed on by an instrument in writing signed by the Owners. 10. Severability. If any of the provisions of this First Amendment or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this First Amendment which may be given effect without the invalid provisions of this First Amendment. IN WITNESS WHEREOF,the Parties have executed this First Amendment as of the date first written above. [Signature pages follow] 1700 LEIDER LANE, L.L.C., a Delaware limited liability company By: Name: Ronald D. Wray Title: President, Treasurer& Assistant Secretary STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Ronald D. Wray, personally known to me to be the same person whose name is subscribed to the foregoing instrument as President, Treasurer & Assistant Secretary of 1700 Leider Lane, L.L.C., a Delaware limited liability company, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of December, 2022. Notary Public Commission Expires 1701 LEIDER LANE, L.L.C., a Delaware limited liability company By: Name: Ronald D. Wray Title: President, Treasurer& Assistant Secretary STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Ronald D. Wray, personally known to me to be the same person whose name is subscribed to the foregoing instrument as President, Treasurer & Assistant Secretary of 1701 Leider Lane, L.L.C., a Delaware limited liability company, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of December, 2022. Notary Public Commission Expires VILLAGE OF BUFFALO GROVE, an lllinois municipal corporation By: � Name: �A�vE G B�CAGG Title: Ua�G� .�/a.v,��E,� STATE OF ILLINOIS ) ) SS COUNTY OF �t.(L� ) I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that [�np C'.8�qq , personally known to me to be the same person whose name is subscribed to the foregoing instrument as �l��la�,e /Uana�✓ of Village of Buffalo Grove, an Illinois municipal corporation, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company,for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ��' day of December, 2022. OFFIClAL SEA� �� JESSIE BROWN Notary Public NOTARY PUBLIC,STATE OF ILLINOIS My Cotnmission Expires Oct. 16, 2024 /�„�, �� �a� Commission Expires (iG CONSENT BY MORTGAGEE The undersigned, as the holder of that certain Amended and Restated Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded on October 14, 2020 as Document No. 7704595 with the Lake County, Illinois Recorder of Deeds joins in the foregoing First Amendment for the sole and singular purpose of consenting thereto. BANK OF AMERICA, N.A., a national banking association By: Name: Title: STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the same person whose name is subscribed to the foregoing instrument as of , appeared before me this day in person, and acknowledged that s/he signed and delivered the said instrument as his/her own free and voluntary act, and as the free and voluntary act of said , for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of December, 2022. Notary Public Commission Expires EXHIBIT A LEGAL DESCRIPTION OF LOT 1 LOT 1 OF THE APTAKISIC CREEK CORPORATE PARK SUBDNISION PURSUANT TO PLAT THEREOF RECORDED AUGUST 11, 2008 AS DOCUMENT NUMBER 6379848 BY THE LAKE COUNTY RECORDER. COMMON ADDRESS: 1700 Leider Lane, Buffalo Grove, Illinois PIN: 15-27-101-009 EXHIBIT B LEGAL DESCRIPTION OF LOT 2 LOT 2 OF THE APTAKISIC CREEK CORPORATE PARK SUBDNISION PURSUANT TO PLAT THEREOF RECORDED AUGUST 11, 2008 AS DOCUMENT NUMBER 6379848 BY THE LAKE COUNTY RECORDER. COMMON ADDRESS: 1701 Leider Lane, Buffalo Grove, Illinois PIN: 15-27-101-0 l 1 EXHIBIT C LEGAL DESCRIPTION OF LOT 3 LOT 3 OF THE APTAKISIC CREEK CORPORATE PARK SUBDIVISION PURSUANT TO PLAT THEREOF RECORDED AUGUST 11, 2008 AS DOCUMENT NUMBER 6379848 BY THE LAKE COUNTY RECORDER. COMMON ADDRESS: 1650 Leider Lane, Buffalo Grove, Illinois PIN: 15-27-101-010