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2005-17RESOLUTION 2005 -17 A Resolution approving the Second Amendment to Declaration of Protective Covenants for the Corporate Grove 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 seeks to encourage business development and economic stability; and WHEREAS, ECD Company has filed an application with the Village to rezone approximately 12 acres in the Corporate Grove Business Park to B -3 Planned Business Center District for a mixed -use development containing office, hotel and retail uses, known as the Gateway Center; and WHEREAS, the Village of Buffalo Grove owns an approximately 70,000 square foot parcel in the Corporate Grove; and WHEREAS, ECD Company is seeking not less than 75% of the owners in the Corporate Grove to support the Second Amendment to Declaration of Protective Covenants to authorize a signage program and implement and approve a modification to the property's existing storm water detention pond; and NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: 1. The Village supports the Second Amendment and the proposed development as presented therein. 2. Approval of the Second Amendment does not constitute final approval from the Village for rezoning and site plan approval. 3. The Village President and Village Clerk are authorized to sign representing the Village as owner of property in the Corporate Grove. 4. The Village President and Village Clerk are authorized to sign the Consent of the Village of Buffalo Grove to the execution and recording of the Second Amendment when the requisite numbers of owners' signatures are obtained. AYES: 6 - Braiman, GLover, Berman, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: .Tune 20 2005 I 1 © 1 IN • • 1 a APPROVED: .Tune 20:; 12005 Approved: Village President Attest: Village Clerk 6 -10 -05 0 • Letter of Support Mr. Scott Greenberg ECD -1500, L.L.C. c/o ECD Company 250 Parkway Drive, Suite 120 Lincolnshire, IL 60069 0 Re: Gateway Center— 1500 Busch Parkway, Buffalo Grove, Illinois Dear Mr. Greenberg: This letter will confirm that I /we have reviewed your plans and proposal for the construction of Gateway Center at 1500 Busch Parkway in Buffalo Grove Illinois; that I /we am /are the owner(s) or duly authorized agent(s) for the owner of the property in the Corporate Grove Business Park commonly known as Lots t_ /A n V11W , and ; that I /we support your plans and proposal, or have confirmed PI that the owner of the aforesaid Lots supports your plans and proposal, for the construction of Gateway Center; and that I /we will execute, or cause to be executed, the proposed Second Amendment to Declaration of Protective Covenants for the Corporate Grove that you have delivered to us. Very truly yours, ( /Wr Name Date Name Date THIS INSTRUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Harold W. Francke, Esq. DLA Piper Rudnick Gray Cary US LLP 203 North LaSalle Street Suite 1900 Chicago, Illinois 60601 p SECOND AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR THE CORPORATE GROVE BUFFALO GROVE, ILLINOIS` This SECOND AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS FOR THE CORPORATE GROVE, BUFFALO GROVE, ILLINOIS (this "Second Amendment") is made to be effective as of the day of , 2005, by THE CORPORATE GROVE ASSOCIATION, an Illinois not - for -profit corporation (the "Association "), acting by and through the undersigned parties, being the owners of not less than seventy -five percent (75 1/o) of the property that has been subjected to the "Original Declaration," as defined below, based on the number of square feet as compared with the total area restricted. WITNESSETH: WHEREAS, a Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois was recorded in the office of the Recorder of Deeds of Lake County, Illinois (the "Recorder's Office ") on November 8, 1984 as Document No. 2321627 (the "Original Declaration "), which Original Declaration has been amended by that certain Amendment to Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois (the "First Amendment ") dated as of February 15, 1985 and recorded in the Recorder's Office on March 4, 1985 as Document No. 2340915 (the Original Declaration, as amended by the First Amendment and this Second Amendment, is hereinafter referred to as the "Amended Declaration "); and WHEREAS, the Original Declaration subjected the property legally described on Exhibit A attached hereto (the "Real Estate ") to certain easements, covenants, restrictions, conditions, burdens, uses, privileges, charges and liens, all as and to the extent described in the Original Declaration; and WHEREAS, the parties executing this Second Amendment on behalf of the Association desire to amend the Original Declaration, as amended by the First Amendment, to provide that the Association, rather than the original declarant identified in the Original Declaration (the "Original 224529- 000022 CHG02:20216853.v3 • � I • Declarant"), may: (1) approve an application to change the zoning of one or more Lots within the Real Estate; (2) approve plans and specifications for the construction of Improvements on the Real Estate and changes in approved plans and specifications; (3) authorize the erection, placement and maintenance of wall signs, roof signs and monument signs on the Real Estate that are not in substantial conformity with the "Signage Concept" that is attached to the Original Declaration as Exhibit `B "; and (4) approve or consent to all other matters and take all other actions that were reserved in the Original Declaration to be approved, consented to and taken by the Original Declarant; and WHEREAS, it is ambiguous in the Original Declaration how the undersigned parties may amend the Amended Declaration at this point in time and such parties wish to resolve such ambiguity by establishing that such amendment can be effected by and through the consent and approval of the owners of not less than seventy -five percent (75 %) of the property that has been subjected to the Original Declaration, which such parties believe is consistent with the language and intent of the Original Declaration; WHEREAS, the Association seeks to authorize the filing of an application (the "Zoning Application ") with the Village of Buffalo Grove (the "Village ") to change the zoning of the property legally described on Exhibit B attached hereto (the "Subject Property "), which property consists of approximately 12 acres, to the B -3 Planned Business Center District so that a mixed -use development containing office, hotel and retail uses in a pedestrian friendly urban-like landscape, to be known as "Gateway Center" (the "Development "), may be constructed on the Subject Property; and WHEREAS, the Development may be expanded in the future to include the property legally described on Exhibit C -1 attached hereto and pictorially depicted on Exhibit C -2 attached hereto (the "Add -On Property "), which property also consists of approximately 12 acres, and the Association is also prepared to and willing to authorize the filing of an application with the Village to change the zoning of the Add -On Property to the B -3 Planned Business Center District; and WHEREAS, the Association, in furtherance of the construction of the Development, is prepared to and seeks to approve the plans and specifications for the construction on the Subject Property of the improvements depicted on and described by those certain plans and specifications that may be hereafter reviewed and approved by, and placed on file with, the Village (the "Subject Improvements "); and WHEREAS, the Association, in furtherance of the construction of the Development, is prepared to and seeks to authorize the Owner of the Subject Property to erect, place and maintain on the Subject Property and on the Subject Improvements the wall signs, roof signs and monument signs depicted and described on the elevations and plans that have been prepared by HKM Architects + Planners, Inc., as such elevations and plans are reviewed and approved by, and placed on file with, the Village (collectively, the "Signage Plans "), subject to conformance with the Uniform Sign Package Criteria for Gateway Center, attached hereto as Exhibit D (the "Uniform Sign Package Criteria "), notwithstanding the fact that such signs are not in substantial conformity with the "Signage Concept" that is attached to the Original Declaration as Exhibit `B "; and 2 224529- 000022 CHG0220216853.v3 p WHEREAS, the Association, in furtherance of the construction of the Development, is prepared to and seeks to authorize the Owner of the Subject Property to modify the Storm Water Facilities situated on the Subject Property in the manner depicted on the preliminary engineering plans for Gateway Center that have been prepared by Greengard & Associates, copies of which are attached hereto as Exhibit E, as such plans are reviewed and approved by, and placed on file with, the Village (the "Preliminary Engineering Plans "); and WHEREAS, this Second Amendment has been approved by the owners of not less than seventy -five percent (75 %) of the property that has been subjected to the Original Declaration based on the number of square feet as compared with the total area restricted, as contemplated by Section VIII, Paragraph D of the Original Declaration. NOW, THEREFORE, the Association, acting by and through the undersigned parties, hereby amends the Original Declaration, as amended by the First Amendment, in the following respects: 1. Capitalized terms used in this Second Amendment shall have the same meaning as ascribed to them in the Original Declaration or the First Amendment unless they are otherwise defined in this Second Amendment. 2. The undersigned parties hereby confirm the truth and accuracy of the above recitals and do hereby incorporate the same herein as if restated in their entirety. 3. Wherever in the Original Declaration the consent or approval of the Original Declarant is required to be obtained or given that consent or approval may be obtained from or given by the Association or by the owners of not less than seventy -five percent (75 %) of the property that has been subjected to this Declaration based on the number of square feet as compared with the total area restricted. . 4. Pursuant to Section IV, Paragraph A of the Amended Declaration, the Association and the undersigned parties, being not less than seventy -five percent (75 %) of the property that has been subjected to this Declaration based on the number of square feet as compared with the total area restricted, hereby approve the filing of the Zoning Application by the Owner of the Subject Property. The Association and such parties also approve of the Owner's filing of a separate zoning application with the Village that seeks the rezoning of the Add -On Property to the B -3 Planned Business Center District should such Owner seek to expand the Development to include the Add - On Property in a unified and cohesive development. 5. Pursuant to Section IV, Paragraph B of the Amended Declaration, the Association and the undersigned parties, being not less than seventy -five percent (75 1/o) of the property that has been subjected to this Declaration based on the number of square feet as compared with the total area restricted, hereby approve the plans and specifications for the construction of the Subject Improvements on the Subject Property and the Preliminary Engineering Plans for the Storm Water Facilities provided such plans and specifications and the Preliminary Engineering Plans for the Storm Water Facilities are approved by the Village and conform to all applicable requirements of law. Provided such plans and specifications and the Preliminary Engineering Plans are so approved and do so conform, the Association further authorizes the Owner of the Subject Property to 224529- 000022 CHG02:20216853A i 1 1 • construct the Subject Improvements and the improvements to the Storm Water Facilities depicted on the Preliminary Engineering Plans in connection with its construction of the Development. The Association and such parties also agree to approve plans and specifications and engineering plans that expand the Development in a unified and cohesive manner to the Add -On Property provided such plans and specifications and engineering plans are approved by the Village and conform to all applicable requirements of law. Provided such plans and specifications and engineering plans are so approved and do so conform, the Association further authorizes the Owner of the Subject Property to construct the improvements depicted on all approved site plans and engineering plans in connection with its expansion of the Development to the Add -On Property. 6. Pursuant to Section IV, Paragraph E of the Amended Declaration, the Association and the undersigned parties, being not less than seventy -five percent (75 %) of the property that has been subjected to this Declaration based on the number of square feet as compared with the total area restricted, hereby approve, and authorize the erection, placement and maintenance on the Subject Property and on the Subject Improvements of, the signs described and depicted on the Signage Plans, notwithstanding that such signs are not in substantial conformity with the " Signage Concept" that is attached to the Original Declaration as Exhibit `B ", provided the Signage Plans are approved by the Village and all signs conform to the Uniform Sign Package Criteria. The Association and such parties also agree to approve signage plans that provide for the erection, placement and maintenance on the Add -On Property of signage that is consistent with and comparable to the signage described and depicted on the Signage Plans in the event the Owner of the Subject Property seeks to expand the Development in a unified and cohesive manner to the Add -On Property provided such signage is approved by the Village and conforms to the Uniform Sign Package Criteria. 7. All exhibits to this Second Amendment are incorporated herein by this reference thereto. 8. Except as expressly modified by this Second Amendment, the Original Declaration, as amended by the First Amendment, shall remain unmodified and in full force and effect in accordance with its terms. IN WITNESS WHEREOF, this Second Amendment to the Declaration of Protective Covenants for the Corporate Grove, Buffalo Grove, Illinois is executed by the Association, by and through the undersigned owners as aforesaid, as of the dates set forth below, to be effective as of the date first written above. [SIGNATURE PAGES FOLLOW] 4 224529- 000022 CHG02:20216853.v3 © I 1 0 SIGNATURE OF OWNERS) ofdiholdtle) Signature(s): 4, Printed Name(s): as owner of the property commonly known as Lot in The Corporate Grove, Buffalo Grove, Illinois, which property consists of approximately square feet Address: Date: Signature(s): Printed Name(s): as owner of the property commonly known as Lot in The Corporate Grove, Buffalo Grove, Illinois, which property consists of approximately square feet Address: Date: Signature(s): Printed Name(s): as owner of the property commonly known as Lot in The Corporate Grove, Buffalo Grove, Illinois, which property consists of approximately square feet Address: Date: - 224529- 000022 CHG02:20216853.v3 STATE OF ILLINOIS ) COUNTY OF LAK15 ) SS. a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that the person(s) whose name(s) is /are subscribed above as Owner(s) appeared before me this day in person and acknowledged that as Owner(s), _he signed and delivered the within Second Amendment to the Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois, as, h /their free and voluntary act, for the uses and purposes therein set forth. GW N under my hand and notarial seal, this /-2 day of 2005. ,n _ Q - -,,/ Notary Public "OFFICIAL SEAL" ROBERTA FR ssion Expires: COMMSSiori EXPIRES o1 r2s�i8 4f / STATE OF ILLINOIS ) SS. COUNTY OF ) I, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that the person(s) whose name(s) is /are subscribed above as Owner(s) appeared before me this day in person and acknowledged that as Owner(s), he_ signed and delivered the Instrument as h /their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal, this day of '2005. Notary Public My Commission Expires: 6 224529- 000022 CHG02:20216853.v3 W , SIGNATURE OF OWNER (land trust holds title) C! , as Trustee under Trust Agreement No. dated , as owner of the property commonly known as Lot in the Corporate Grove, Buffalo Grove, Illinois, which property consists of approximately _ square feet By: Its: Printed Name Address: Date: STATE OF ILLINOIS ) SS. COUNTY OF ) 1, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that the person whose name is subscribed above as of , as Trustee under Trust Agreement dated and known as Trust No. , as Owner, appeared before me this day in person and acknowledged that as said officer of said Trust as Owner, he signed and delivered the Instrument as h free and voluntary act and as the free and voluntary act of said Trust, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal, this day of .2005. Notary Public My Commission Expires: 7 224529- 000022 CHG02:20216853.v3 SIGNATURE OF THE OWNERS (an entity hold(s) title) V � ,i i3 halo Grove , a(n) Illinois Home Rd16 Njunicipal Corporation as owner of the property commonly known as Lot , in the Corporate Grove, Buffalo Grove, Illinois, which property consists of approximate iv70 000 square feet By:� z -44�- Its: Elli&i Hartstein Village President Printed Name Address: 50 RauRR Boulevard Buffalo Grove, IL 60089 Date: _ July 1. 2005 STATE OF ILLINOIS ) SS. COUNTY OF �� ) I, ,¢ a Notary Public in and for said County, in the State Eaforesaid, DO HEREBY CERTIFY, that the person whose name is subscribed above as HarHostein of Village of Buffalo Grov$(n) Village President , as Owner, appeared before me this day in person and acknowledged that as said V311age President of said Village !/ as Owner, he signed and delivered the within Second Amendment to Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois, as hk free and voluntary act an as the free and voluntary act of said , for the uses and purposes therein set forth. GIVEN under m hand and notarial seal this day of 2005. Y y "OFFICIAL SEAL" ' ROBERTA FREED CO WMSSKA EXPIRES 01 /25/08 224529- 000022 CHG02:20216853 A Notary Public Commission Expires: 8 © I . Q CONSENT OF MORTGAGEE a(n) , holder of a Mortgage recorded in the Lake County Recorder's Office as Document No. and encumbering Lot in The Corporate Grove, Buffalo Grove, Illinois, hereby consents to the execution and recording of the within Second Amendment to the Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois and agrees that said Mortgage is subject thereto. IN WITNESS WHEREOF, the undersigned, has caused this Consent of Mortgagee to be signed by its duly authorized officer on its behalf as of this day of 2005. IC STATE OF ) ) SS COUNTY OF ) 1, , a Notary Public in and for said County and State, do hereby certify that the of as such appeared before me this day in person and acknowledged that _he signed and delivered said as h 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 , 2005. Notary Public My Commission Expires: 9 224529- 000022 CHG02:20216853.v3 CONSENT OF VILLAGE OF BUFFALO GROVE The VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation, hereby consents to the execution and recording of the within Second Amendment to the Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois. THE VILLAGE OF BUFFALO GROVE oe- By: E M liott Hartstemi Its: Village President Its: Village Clerk STATE OF ILLINOIS ) ) SS COUNTY OF &Ole ) I, a Notary Public in and for said County and State, do hereby certify that Elliott Hartstein, Village President andJanetM. sira.bian Village Clerk, of the Village of Buffalo Grove, personally known to me to be the same persons whose names are subscribed to the within Second Amendment to Declaration of Protective Covenants for The Corporate Grove, Buffalo Grove, Illinois, appeared before me this day in person and acknowledged that they signed and delivered the within Second Amendment as Village President and Village Clerk of said Village, as their free and voluntary act and as the free and voluntary act of said municipal corporation, to confirm said Village's consent to the execution and recording of said Second Amendment. GIVEN under my hand and notarial seal this La day of , 2005. ► � 10 224529- 000022 CHG02:20216853.v3 v I 1 0 N 141111 M LEGAL DESCRIPTION OF REAL ESTATE (PROPERTY SUBJECTED TO ORIGINAL DECLARATION) THE CORPORATE GROVE, BEING A SUBDIVISION OF PORTIONS OF SECTIONS 26 AND 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, VILLAGE OF BUFFALO GROVE COUNTY OF LAKE, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 1984, AS DOCUMENT NO. 2305059. A -1 224529- 000022 CHG02:20216853.v3 EXEIIBIT B 4p LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A: LOTS 100, 101 AND 102 IN THE CORPORATE GROVE, BEING A SUBDIVISION OF PORTIONS OF SECTION 26 AND 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF LAKE COUNTY, ILLINOIS AUGUST 22, 1984 AS DOCUMENT NO. 2305059, IN LAKE COUNTY, ILLINOIS PARCEL B: LOTS 95, 96, 97, 98 AND 99 IN THE CORPORATE GROVE, BEING A SUBDIVISION OF PART OF THE SOUTHWEST ' QUARTER OF SECTION 26 AND PART OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 22, 1984 AS DOCUMENT NO. 2305059, IN LAKE COUNTY, ILLINOIS B -1 224529- 000022 CHG02:20216853.v3 v 0 E30MIT C -1 LEGAL DESCRIPTION OF ADD -ON PROPERTY LOTS 88, 89, 90, 91, 92, 93 AND 94 IN THE CORPORATE GROVE, BEING A SUBDIVISION OF PORTIONS OF SECTION 26 AND 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE VILLAGE OF BUFFALO GROVE, LAKE COUNTY, ILLINOIS RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF LAKE COUNTY, ILLINOIS AUGUST 22, 1984 AS DOCUMENT NO. 2305059, IN LAKE COUNTY, ILLINOIS COMMONLY KNOWN AS 1400 BUSCH PARKWAY, BUFFALO GROVE, ILLINOIS 60089 C -1 224529- 000022 CHG02:20216853.v3 0 9 q.IIC I a UNIFORM SIGN PACKAGE CRITERIA FOR GATEWAY CENTER D -1 224529- 000022 CHG02:20216853.v3 ARCHITECTS + PLANNERS, INC UNIFORM SIGN PACKAGE CRITERIA FOR GATEWAY CENTER MILWAUKEE AVENUE AND BUSCH PARKWAY BUFFALO GROVE, ILLINOIS 5 -25 -2005 General: The furnishing and installation of a tenant sign and the costs incurred shall be the responsibility of the tenant. Gateway Center is established as a distinctive multi- use /pedestrian friendly retail /office /medical /hotel development that has an umpscale urban flare. The signage features are part of the package to help create a sophisticated urban atmosphere that is dynamic, energetic, interesting and fun. The signage is meant to complement and enhance the architecture and the branding of each of the individual tenants, whether they are retail, office, medical or hotel uses. Accents to the signage and branding of individual tenants might include unique sculptural shapes, wall murals, and dramatic lighting, where these elements are done in a tasteful and artful manner. All sign construction shall be in compliance with these criteria and be approved by the Landlord and the Village of Buffalo Grove. A. All signs to be installed shall conform to the plans that are approved by and on file with the Village of Buffalo Grove. B. The copy of all signs shall be limited to the name and nature of the business establishment. Wording of signs shall not include the product sold except as part of the Tenant's trade name or insignia. C. Upon Village review and approval, logos, services provided and /or products available or corporate tenant identification signs may appear on the exterior of buildings. Signage can mirror a corporate logo, including such elements as graphics, descriptive wording and the like, that appear in the corporate logo. D. All lighting shall be provided internally with a colored acrylic face, which might be free standing on an architectural pedestal or attached to the wall of the building. E. All signs shall be individual letters attached or mounted to a raceway, which shall be painted to match the building. 6 SOUTH VAIL AVENUE ARLINGTON HEIGHTS ILLINOIS 60005 P 847 392 9200 F 847 392 9009 {ARCHITECTURE LAND PLANNING LANDSCAPE ARCHITECTURE I'al 9.4.II:IV E PRELIMO NARY ENGINEERING PLANS DEPICTING MODIFICATIONS TO STORM WATER FACILITIES E -1 224529- 000022 CHG02:20216853.v3 • . . i I 0 oor C __...e 1 �il��lililll� a -..Mwpw:qm