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2023-11-06 - Resolution 2023-27 - ASSUMPTION AGREEMENT OF SPECIAL USE FOR 150 WEILAND RD RESOLUTION NO.2023-27 A RESOLUTION APPROVING AN ASSIGNMENT AND ASSUMPTION AGREEMENT OF THE SPECIAL USE GRANTED BY ORDINANCE NO.92-39 AND AMENDED BY ORDINANCE NO.93-31 WHEREAS, the Village of Buffalo Grove ("Village") is a Home Rule Unit pursuant to the Illinois Constitution of 1970 and; WHEREAS,on May 4, 1992,the Village Board approved Ordinance No. 92-39 granting a rezoning to the R-9 Multiple Family Dwelling District and approving a preliminary plan and Special Use to allow the construction of Buffalo Grove Nursing Home (Windsor Manor) on the Property commonly referred to as 150 N.Weiland Road ("Property")and; WHEREAS, on May 3, 1993, the Village Board approved Ordinance No. 93-31 amending Ordinance No. 92-39 and extending the period of time for the nursing home Special Use to be established on the site and; WHEREAS, Buffalo Grove Property Holdings, LLC, closed and acquired the Property from MS Buffalo Grove, LP on June 2, 2023 and; WHEREAS, Buffalo Grove Property Holdings, LLC will assume all obligations outlined in Ordinance No. 92-39 as amended and as outlined in the Assignment and Assumption Agreement attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, that the Village Manager is hereby authorized and directed to execute an Assignment and Assumption Agreement of Ordinance No. 92-39 as amended,to allow the transfer of the Special Use and all obligations thereto,to Buffalo Grove Property Holdings, LLC,to operate the nursing home on the Property, and to be known as Warren Barr, subject to the final review and approval of the Village Attorney, a copy of said Agreement being attached hereto and being made a part hereof. � APPROVED this 6ih day of November 2023, by a roll call vote asfollows: AYES: 5—Johnson,Cesario,Ottenheimer, Bocek.Weidenfeld NAYES: 0-None ABSENT: 1-Stein PASSED: November 6,2023 APPROVED: November 6,2023 `1�,t�3'�:;,•,, ATTEST;4�����'��l JRv��^`,r��1 A VED: v=�u�-'�'%r„�:�.� _ �.�_ „' '�� �_�.� � � �.`����.� Jane � . �Ca�"U'�a e Cl�rk Eric N.Smith, 'I ge President ��fJJ1,��f��r...�n�.r��`�,,,`~\`\ .. a�,• �w..u.r..•�"• Exhibit A ASSIGNMENT AND ASSUMPTION AGREEMENT � Prepared By: Patrick T.Brankin Schain, Banks, Kenny& Schwartz, Ltd. 70 W. Madison St., Ste. 5400 Chicago, IL 60602 ASSUMPTION AGREEMENT This Agreement (this "Agreement") is executed by Buffalo Grove Property Holdings, LLC, an Illinois Limited Liability Company and by the Village of Buffalo Grove, an Illinois municipal corporation("Village") (hereinafter collectively referred to as the"Parties"). the Parties state as follows: A. This Agreement pertains to the real estate described on Exhibit A attached hereto and commonly lmown as 150 N. Weiland Road, BufFalo Grove, Illinois (the "Property"). B. On May 4, 1992,the Village Board approved Ordinance No. 92-39 ("Ordinance 92-39") granting a rezoning to the R-9 Multiple Family Dwelling District and approving a preliminary plan and Special Use to allow the construction of Buffalo Grove Nursing Home (Windsor Manor) on the Property. C. On May 3, 1993, the Village Board approved Ordinance No. 93-31 amending Ordinance No. 92-39 and extending the period of time for the nursing home Special Use to be established on the site. D. Buffalo Grove Property Holdings, LLC, closed and acquired the Property from MS Buffalo Grove, LP on June 2, 2023. This Agreement and the obligations contained herein aze in addition to,and not in limitation of,all other agreements between the Parties hereto and Ordinances ofthe Village including,without limitation,Ordinance 92-39 and the obligations and conditions contained therein. Since Buffalo Grove Property Holdings, LLC was not the original owner or developer of the Property, it cannot confirm compliance with each and every condition set forth in Ordinance 92-39. However,Buffalo Grove Property Holdings, LLC does represent that is not aware of any material discrepancies with the conditions set forth in Ordinance 92-39. Buffalo Grove Property Holdings, LLC, hereby affirms that it accepts and shall comply with Ordinance No. 92-39 and all of the conditions contained therein with the exception of possible nonmaterial discrepancies currently in existence at the Property. This paragraph shall survive expiration of this Agreement. E. Notwithstanding anything contained herein, Buffalo Grove Property Holdings, LLC, shall not convey, assign, grant, sell, transfer, lease or license all or any portion of the Property to any person, individual, entity, limited liability company, corporation, partnership, limited partnership,trust, land trust or any other entity or substantially similaz entity without the prior, written approval and consent of the Village, and such consent and approval may be withheld in the Village's sole, exclusive judgment and discretion. The terms, covenants and conditions of this sub-pazagraph F. shall survive,run with the land, be binding on all successors and assigns of the Parties hereto and be enforceable by the Village for the term of the Agreement. F. The Village approves the assignment to Buffalo Grove Property Holdings, LLC, of all of the respective interests held pursuant to Ordinance No. 92-39, effective as of the passing of the Ordinance approving this Agreement, and Buffalo Grove Properiy Holdings accepts this Agreement and assignment and assumes and agrees to be bound by the respective interests as successor Owner, all on the terms and conditions provided herein. H. The Village shall have any and all remedies at law or in equity to enforce the warranties,representations, indemnifications,terms,covenants, obligations and conditions of this Agreement and/or Ordinance No. 92-39. I. GOVERNING LAW: This Agreement shall be construed, interpreted, and enforced pursuant to the applicable laws in the State of Illinois. J. MISCELLANEOUS PROVISIONS: (a) The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (b) This Agreement may be executed in counterparts, each of which will be deemed an original document,but all of which will constitute a single document. (c) Buffalo Grove Properiy Holdings, LLC, and the Village hereby each represent and warrant that the person signing this Agreement is duly authorized to execute and deliver this Agreement on behalf of such party,and that this Agreement is binding upon the party. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.] VILLAGE OF BUFFALO GROVE, a municipal corporation By. ,� Name: Dane ragg Title: Village Manager STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, s��� � , a notary public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that Dane Bragg, Village Manager of VILLAGE OF BUFFALO GROVE,an Illinois municipal corporation,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal,this �� day of N�t�n bcv ,2023. OFFICIAL SEAL JESSIE BROWN �'� NOTARY PUBLIC,STATE OF ILLINOIS Notary Public My Cammission�pires Oct.16,2024 Buffalo Grove Prope Holdings,LLC By: Name: Cha' Raj enbach Title: Manager STATE OF� ) ) SS COUNTY OF Cf7�k ) I, � S �'9ffluy'�/ ,a notary public in and for the said County, in the State aforesaid,DO HEREBY CERTIFY that Chaim Rajchenbach,manager of Buffalo Grove Property Holdings,LLC an Illinois Limited Liability Company,personally known to me to be the same person whose name is subscribed to the foregoing instnunent, appeazed before me this day in person,and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act,for the uses and purposes therein set forth. K Given under my hand and seal this�day of �C� .2023 �� Notary Public OFFICIAL SEAL DANIEL S GARDEN NOTqRY PUBLIC,SiAiE OF ILLIN015 My Commission Expires 12/77/p4 EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE BUII,DINGS AND IMPROVEMENTS THEREON ERECTED, SITUATE, LYING AND BEING IN THE CITY OF BUFFALO GROVE, COUNTY OF Lt1KE, STATE OF ILLINOIS. LOT A IN THE CLAREMONT SUBDIVISION,BEING A RESUBDNISION OF PART OF LOT 1 OF HENDERSONS SUBDIVISION LTNIT #l, BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE TIIII2D PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT 'Tf�REOF OF THE CLAREMONT SUBDIVISION RECORDED JANUARY 21, 1994 AS DOCLJMENT NO. 3477691 AND AS CORRECTED BY SURVEYOR'S LETTER OF CORRECTION RECORDED JANUARY 24, 1995, AS DOCIJMENT NO. 3637813, IN LAKE COLJNTY, ILLINOIS. LESS AND EXCEPT THE PROPERTY CONVEYED FROM MS BUFFALO GROVE, LP TO LAKE COUNTY DIVISION OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED ON FEBRUARY 25, 2016 IN DOCUMENT NO. 7271252, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF LOT A IN THE CLAREMONT SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 1 OF HENDERSONS SUBDIVISION iTNIT ONE,BEING A SUBDIVISION OF PART OF THE SOUTH IIALF OF SECTION 33, TOWNSHII' 43 NORTH, RANGE 11 EAST OF THE THIIZD PRINCIPAL MERIDIAN, ACCORDING TO TT-IE PLAT OF THE CLAREMONT SUBDIVISION RECORDED JANLJARY 21, 1994 AS DOCUMENT NUMBER 3477691 AND CORRECTED BY SURVEYOR'S LETTER OF CORRECTION RECORDED JANUARY 24, 1995 AS DOCUMENT NLJMBER 3637813, IN LAKE COLTNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SOUTHEAST COMER OF SAID LOT A; TIIENCE ON AN ILLINOIS COORDINATE SYSTEM NAO 83(2007) EAST ZONE BEARING OF NORTH 85 DEGREES 24 MINUTES 58 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT A,A DISTANCE OF 9.65 FEET; THENCE NORTH 21 DEGREES 59 NIINLTTES 34 SECONDS EAST, A DISTANCE OF 107.52 FEET TO THE EASTERLY LINE OF SAID LOT A; 'TIIENCE SOUTH 16 DEGREES 57 MIIVCTTES 49 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT A,A DISTANCE OF 105.04 FEET TO THE POINT OF BEGINNING. PERMANENT 1NDEX NUMBER: 15-33-404-151