2370 Waukegan - Special Permit for Waterway Gas Station and Car

EXHIBIT A
Legal Description of Property
LOT 28 IN COUNTY CLERK'S DIVISION OF SECTION 14, TOWNSHIP 42 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS (EXCEPT THAT
PART OF LOT 28, LYING NORTHEASTERLY OF THE SOUTHEASTERLY EXTENSION OF A
LINE DRAWN 37 FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF LOT
SE-1A IN THE FINAL PLAT OF SUBDIVISION OF TECHNY PARCEL SE-1, BEING A
SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 14, AND PART OF THE
NORTHWEST 1/4 OF SECTION 23, AND PART OF THE NORTHEAST 1/4 OF SECTION 23, ALL
IN TOWNSHIP 42 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 22, 2000 AS DOCUMENT
0001007540, SAID LINE BEARING A COURSE SOUTH 29 DEGREES 44 MINUTES 54 SECONDS
EAST FROM HERETOFORE DEDICATED KAMP DRIVE THROUGH SAID LOT 28 TO THE
SOUTH LINE OF SAID SECTION 14, ALSO BEING THE SOUTH LINE OF SAID LOT 2B, IN
COOK COUNTY, ILLINOIS)
Commonly known as 2300-2370 Waukegan Road, Northbrook, Illinois
P.I.N.s:
04-14-300-006-000
04-14-300-007-000
04-14-300-008-000
EXHIBIT A
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EXHIBIT B
Site Dimensional and Paving Plan
EXHIBIT B
Page 1 of 1
EXHIBIT C
Landscape Plan
EXHIBIT C
Page 1 of 2
EXHIBIT D
Photometric Plan
EXHIBIT D
Page 1
EXHIBIT E
Conceptual Building Elevations
EXHIBIT E
Page 1
EXHIBIT F
Trash Enclosure Elevation
EXHIBIT F
Page 1
EXHIBIT G
Sign Plans
EXHIBIT G
Page 1
EXHIBIT H
Waukegan Road Improvement Overall Plan & Typical Sections Plan
EXHIBIT I
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EXHIBIT I
Current Ambient Sound Level Exhibit
EXHIBIT I
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EXHIBIT J
Unconditional Agreement and Consent of Applicant and Owner
TO:
The Village of Northbrook, Illinois ("Village"):
WHEREAS, Willow North Shopping Center, LLC, a Delaware limited liability company
("Lessee"), is the ground lessee of an approximately 4.94 acre parcel of property located at 2370
Waukegan Road in the Village ("Property"). The Property is owned by Parcel TO LLC, an Illinois
limited liability company (“Owner”) controlled by the Techny Land Corporation, NFP;
WHEREAS, Waterways Gas & Wash Company, a Missouri corporation, ("Applicant")
now proposes to develop the 80,000 square foot northern portion of the Property (“Northern Parcel”)
with an approximately 12,000 square foot gas station and car wash (“Facility”);
WHEREAS, The Applicant has requested that the Village grant it special permits for the
operation of a gas station and a car wash in the C-5 Boulevard Commercial District;
WHEREAS, the Applicant has applied for special permits to allow the operation of a
operation of a gas station and a car wash on the Northern Parcel and the Lessee has consented to the
application;
WHEREAS, Ordinance No. 2014-__, adopted by the President and Board of Trustees of the
Village of Northbrook on ____________, 2014 ("Ordinance"), grants approval of such special permits,
subject to certain conditions, for the benefit of Applicant; and
WHEREAS, Applicant desires to evidence to the Village its unconditional agreement and
consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance,
and the Owner desires to evidence its consent to recording the Ordinance against the Property;
NOW, THEREFORE, Applicant, the Lessee, and the Owner do hereby agree and covenant
as follows:
1.
Applicant shall, and does hereby unconditionally agree to, accept, consent to and
abide by all of the terms, conditions, restrictions, and provisions of that certain
Ordinance No. 2014-__, adopted by the Village Board of Trustees on ________,
2014.
2.
Applicant acknowledges and agrees that the Village is not and shall not be, in any
way, liable for any damages or injuries that may be sustained as a result of the
Village's review and approval of any plans for the Property, or the issuance of any
permits for the use and development of the Property, and that the Village's review
and approval of any such plans and issuance of any such permits does not, and shall
not, in any way, be deemed to insure Applicant against damage or injury of any kind
and at any time.
3.
Applicant acknowledges that the public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance, has considered the
possibility of the revocation provided for in the Ordinance, and agrees not to
challenge any such revocation on the grounds of any procedural infirmity or any
denial of any procedural right, provided that the notice to Applicant required by
Section 6 of the Ordinance is given.
EXHIBIT J
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4.
Applicant agrees to and does hereby hold harmless and indemnify the Village, the
Village's corporate authorities, and all Village elected and appointed officials,
officers, employees, agents, representatives, and attorneys, from any and all claims
that may, at any time, be asserted against any of such parties in connection with (a)
the Village's review and approval of any plans and issuance of any permits, (b) the
procedures followed in connection with the adoption of the Ordinance, (c) the
development, construction, maintenance, and use of the Property, and (d) the
performance by Applicant of their obligations under this Unconditional Consent and
Agreement.
5.
Applicant shall, and does hereby agree to, pay all expenses incurred by the Village
in defending itself with regard to any and all of the claims mentioned in this
Unconditional Consent and Agreement. These expenses shall include all out-ofpocket expenses, such as attorneys' and experts' fees, and shall also include the
reasonable value of any services rendered by any employees of the Village.
6.
Lesesee warrants and represents to the Village that it holds a valid ground lease to
the Property and the Owner warrants and represents to the Village that is holds fee
simple title to the Property; and both consent to the recording of the Ordinance
against the Property
ATTEST:
WATERWAY GAS & WASH COMPANY,
a Missouri corporation
By:_________________________________
Its: _________________________________
By:______________________________
Its:______________________________
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2014.
_______________________
Notary Public
ATTEST:
WILLOW NORTH SHOPPING CENTER,
LLC, a Delaware limited liability company
By: HP WILLOW NORTH LLC, an
Illinois limited liability company, its
Manager
By:_________________________________
Its: _________________________________
By:______________________________
Its:______________________________
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2014.
_______________________
Notary Public
EXHIBIT I
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PARCEL TO LLC, an Illinois limited
liability company
By:_________________________________
Its: _________________________________
By:______________________________
Its:______________________________
SUBSCRIBED and SWORN to
before me this _______ day of
___________________, 2014.
_______________________
Notary Public
EXHIBIT I
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