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.
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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
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Exhibit A
ASSIGNMENT AND ASSUMPTION AGREEMENT
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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.
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Given under my hand and seal this�day of �C� .2023
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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