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HomeMy WebLinkAbout5. New Business 03/03/2015Mount �M1 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER DAVID STRAHL FROM: TRAFFIC ENGINEER DATE: FEBRUARY 25, 2015 SUBJECT: FEBRUARY 2015 TRANSPORTATION SAFETY COMMISSION MEETING LINCOLN STREET TRAFFIC CALMING PROJECT The Village Engineering Division and School District 57 have partnered over the years to improve traffic flow and enhance safety around the district's elementary and middle schools. In 2012 and 2013, the Village and school district held discussions to enhance student safety along Lincoln Street in front of Lincoln Middle School. Concerns with students crossing Lincoln Street prompted the school district to ask what improvements could be made to Lincoln Street. The Neighborhood Traffic Calming Program adopted in 2011 has specific criteria that must be met in order for a street to qualify for traffic calming measures. It takes into account vehicular volume & speed data, pedestrian data and crash history. Based on this information, the section of Lincoln Street in question does qualify for traffic calming measures but for only those types that target pedestrian safety. A number of traffic calming measures were considered and in the end a combination of curb extensions or "bump outs", and pavement markings was the preferred solution. Benefits of curb extensions include reducing the crossing distance, reducing the time pedestrians are in the crosswalk, allowing waiting pedestrians to better see oncoming motorists (and vice -versa), preventing vehicles from parking close to the intersection, and allowing STOP signs to be moved more in line with the driver's view resulting in greater compliance. Benefits of pavement markings include defining the travel and parking lanes, and slowing traffic. With the cooperation of the school, the Engineering Division performed a trial during a school day last fall. The Village placed cones on Lincoln Street to mimic the proposed curb and observed both vehicular and pedestrian traffic. The trial did not create vehicular congestion, and both cars and buses easily negotiated the layout. Students using the crosswalks and crossing guards saw the benefits of narrowing the roadway. The Police and Fire Departments reviewed the proposal and did not have any concerns. Public Works crews are familiar with curb extensions and they have not shown to interfere with snow plowing or leaf pick-up operations. If approved, the project would be done as part of the Village's annual street resurfacing program. In addition to the construction of curb extensions, Lincoln Street between Wego Trail and Candota Avenue would be resurfaced with new asphalt. The estimated cost of the curb extensions is $45,000.00. Work would start after the school year ends in June and be completed before the new school year in August. If the traffic calming project is not approved, the street will still be resurfaced this summer with its current configuration. page 1 of 3 February 2015 Transportation Safety Commission Meeting February 25, 2015 The proposal also affects on -street parking. Village Code prohibits parking along the north side of Lincoln Street between Seegwun Avenue and Candota Avenue. This affects the school and the first three properties west of the school. The school administration requests and the Engineering Division agrees that parking on the north side of Lincoln Street in front of the school should be limited or prohibited so as to not impact traffic during the drop-off and pick-up times. Parked vehicles may make it difficult for buses to enter/exit the parking lot and parents to exit the turn -around. Specifically, parking should be prohibited at all times for the section of Lincoln Street (north side) between the parking lot driveway and turn -around exit. Parking should be prohibited during school hours for the section of Lincoln Street (north side) between the turn -around exit and Candota Avenue. More precisely, the section of Lincoln Street (north side) between the turn -around driveways should also prohibit student drop-off and pick-up. This will help to limit the number of students crossing the turn- around driveways and will allow parents to have a clear view of Lincoln Street when exiting the turn- around. The section of Lincoln Street (north side) between Candota Avenue and the turn -around entrance can be used by the queue of parents waiting to enter the turn -around without impeding through traffic. Parking in front of the three properties west of the school does not impact the school and should be allowed for residents. Village Code currently prohibits parking within 30' of a STOP sign and 20' of a marked crosswalk at an uncontrolled intersection. The curb extensions along Lincoln Street at Wego Trail and Candota Avenue will not extend beyond 30' of the STOP signs. Therefore, a new parking ordinance is not required. However, both curb extensions along Lincoln Street at Nawata Avenue will extend beyond 20' from the marked crosswalk on Lincoln Street. A new ordinance for the north side of Lincoln Street is described in the preceding paragraph. Should the proposal be approved, a new ordinance for the south side of Lincoln Street will also need to be included in the Village Code. As part of the study, surveys were sent to the residents on Lincoln Street between Wego Trail and Candota Avenue as well as Lincoln Middle School and School District 57. 5 of the 18 mailed surveys were returned (28%). 3 surveys oppose the proposal over concerns it will create traffic congestion and is unnecessary. From the comments, though, it appears two households may not fully understand the scope of the project. 1 survey supports the proposal and 1 survey was indifferent. All five surveys returned were from Lincoln Street residents and not the school or district administration. The issue was presented at the February 9, 2015 Transportation Safety Commission Meeting. Four residents, the principal at Lincoln Middle School, and the Assistant Superintendent of School District 57 were in attendance. Both school representatives spoke in favor of the project. One resident spoke in favor of the project in front of the school but against the proposed curb extensions at the intersection of Lincoln Street and Wego Trail. One resident spoke in opposition to the entire project. The Commission spoke favorably of the project as it would enhance students' safety and slow traffic along Lincoln Street. They cited similar projects that have been completed in the Village and shown to be successful. By a vote of 7-0, the Transportation Safety Commission recommends to approve the entire traffic calming project as proposed by the Engineering Division and amend the Village Code as follows: 1. Delete the ordinance prohibiting parking along the north side of Lincoln Street between Seegwun Avenue and Candota Avenue. (Section 18.2006) 2. Enact an ordinance prohibiting stopping, standing, parking at all times along the north side of Lincoln Street between Nawata Avenue and 180' west. (Section 18.2005) page 2 of 3 February 2015 Transportation Safety Commission Meeting February 25, 2015 3. Enact an ordinance prohibiting stopping, standing, parking at all times along the south side of Lincoln Street between Nawata Avenue and 80' west. (Section 18.2005) 4. Enact an ordinance prohibiting stopping, standing, parking from 7:OOAM to 3:001PM on school days along the north side of Lincoln Street between Nawata Avenue and 140' east. (Section 18.2009C) S. Enact an ordinance prohibiting stopping, standing, parking from 7:OOAM to 3:0013M on school days along the north side of Lincoln Street between Candota Avenue and 150' west (drop-off/pick-up zone). (Section 18.2009C) Please include this item on the March 3, 2015 Village Board Meeting Agenda. Enclosed are the Transportation Safety Commission Minutes from the meeting as well as an engineering drawing for your reference. - Matthew P. Lawrie Attachment c: Director of Public Works Sean Dorsey Deputy Director of Public Works Jason Leib Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h: �engineering �traffic �safety_commissionkrecommendotions12015�TSC februory2015rec.docx page 3 of 3 ji Mount Prospe Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 MINUTES OF THE MOUNT PROSPECT TRANSPORTATION SAFETY COMMISSION DRAFT CALL TO ORDER Deputy Director Jason H. Leib The regular meeting of the Mount Prospect Transportation Safety Commission was called to order at 7:04 p.m. on Monday, February 9, 2015. ROLL CALL Present upon roll call: John Keane Chairman Robert Fisher Commissioner Justin Kuehlthau Commissioner Carol Tortorello Commissioner Bob Smith Police Department Representative Randy Uidl Fire Department Representative Jeff Wulbecker Public Works Department Representative Matt Lawrie Traffic Engineer —Staff Liaison Absent: Chuck Bencic Commissioner Others in Attendance: see attached attendance sheet APPROVAL OF MINUTES Commissioner Fisher, seconded by Commissioner Tortorello, moved to approve the minutes of the regular meeting of the Transportation Safety Commission held on December 8, 2014. The minutes were approved by a vote of 6-0. Battalion Chief Uidl abstained. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. TSC Meeting Page 1 of 7 February 9, 2015 OLD BUSINESS None NEW BUSINESS A. LINCOLN STREET TRAFFIC CALMING PROJECT 1) Background Information The Village Engineering Division and School District 57 have partnered over the years to improve traffic flow and enhance safety around the district's elementary and middle schools. In 2012 and 2013, the Village and school district held discussions to enhance student safety along Lincoln Street in front of Lincoln Middle School. Concerns with students crossing Lincoln Street prompted the school district to ask what improvements could be made to Lincoln Street. In late fall 2012, the Engineering Division gathered pedestrian counts at three key intersections along Lincoln Street: Wego Trail, Nawata Avenue and Candota Avenue. Even though it was not the peak time of year, results showed many students do walk/bike to and from Lincoln Middle School on a daily basis: Lincoln Street & Wego Trail Time # crossing Lincoln # crossing Wego 7:15-8:15AM 7 9 2:15-3:15PM 15 32 Lincoln Street & Nawata Avenue Time # crossing Lincoln # crossing Nawata 7:15-8:15AM 9 11 2:15-3:15PM 31 7 Lincoln Street & Candota Avenue Time # crossing Lincoln # crossing Candota 7:15-8:15AM 9 19 2:15-3:15PM 39 43 The Engineering Division used this data along with vehicular data gathered during the Neighborhood Traffic Study to determine if the street qualifies for traffic calming measures. The Neighborhood Traffic Calming Program adopted in 2011 has specific criteria that must be met in order for a street to qualify for traffic calming measures. It takes into account vehicular volume & speed data, pedestrian data and crash history. Based on this information, the section of Lincoln Street in question does qualify for traffic calming measures but for only those types that target pedestrian safety. One type of measure that would not be considered for Lincoln Street is a speed hump as they are not permitted on collector streets. During discussions with the school district, a number of traffic calming measures were considered and in the end a combination of curb extensions (including sidewalk lengthening) or "bump outs", and pavement markings was the preferred solution. At Lincoln Street and Wego Trail, curb extensions would prevent vehicles from parking close to the intersection but more importantly increase compliance of the STOP signs on Lincoln Street. There have been 2 recorded crashes at this intersection over the past five years. In addition, the Village has TSC Meeting Page 2 of 7 February 9, 2015 received complaints about motorists rolling through the STOP signs on Lincoln Street. Curb extensions would allow the STOP signs to be moved more in line with the driver's view. Curb extensions were constructed at Prospect Avenue and William Street a few years ago because of similar complaints. Since then, we have witnessed a higher rate of compliance and not received further complaints. At Lincoln Street and Nawata Avenue, both existing crosswalks are 48' long. There haven't been any recorded crashes at this intersection over the past five years. With the proposed curb extensions, the crosswalks across Lincoln Street and Nawata Avenue would be 24' long and 32' long, respectively. Lincoln Street is uncontrolled at this intersection; therefore, students must use caution when crossing the street. To assist, a school staff person does serve as a crossing guard in the morning and afternoon. Curb extensions would reduce the crossing distance, reduce the time students are in the crosswalk, and allow waiting students to better see oncoming motorists (and vice -versa). Similar curb extensions were constructed at Burning Bush Lane and Burr Oak Drive in front of Indian Grove Elementary School several years ago. The school continues to support them and has said they have enhanced students' safety. At Lincoln Street and Candota Avenue, curb extensions would have similar benefits as the other intersections. The lengths of crosswalks would be reduced by 1/3 (48' long to 32' long) and the STOP signs on Lincoln Street would be repositioned to be more in line with the driver's view. There haven't been any recorded crashes at this intersection over the past five years. Pavement markings are also included in the proposal. Specifically, yellow centerline and white parking lines would be applied to distinguish the travel lanes and parking lanes. Pavement markings also serve to reduce the travel lane from 17' wide (where there are no parked vehicles) to a defined 11' wide. This narrowing is expected to reduce vehicle speeds along Lincoln Street. Yellow centerline and white parking lanes were applied to Lincoln Street between Busse Road and Meier Road a few years ago and average speeds were reduced by 2 mph. In addition to lane markings, existing crosswalks would remain to protect students crossing the streets. With the cooperation of the school, the Engineering Division performed a trial during a school day last fall. The Village placed cones on Lincoln Street to mimic the proposed curb and observed both vehicular and pedestrian traffic. The trial did not create vehicular congestion, and both cars and buses easily negotiated the layout. Students using the crosswalks and crossing guards saw the benefits of narrowing the roadway. The Police Department reviewed the proposal and did not have any concerns. The Fire Department is reviewing the proposal to make sure the tower fire truck can negotiate turns at the intersections. Public Works crews are familiar with curb extensions and they have not shown to interfere with snow plowing or leaf pick-up operations. Should the proposal be approved by the Transportation Safety Commission and Village Board of Trustees, the Engineering Division would develop construction drawings. Work would start after the school year ends in June and be completed before the new school year in August. The project would be done as part of the Village's annual street resurfacing program. In addition to the construction of curb extensions, Lincoln Street between Wego Trail and Candota Avenue would be resurfaced with new asphalt. The estimated cost of the curb extensions is $45,000.00. If the traffic calming project is not approved, the street will still be resurfaced this summer with its current configuration. The proposal also affects on -street parking. Village Code prohibits parking along the north side of Lincoln Street between Seegwun Avenue and Candota Avenue. This affects the school and TSC Meeting Page 3 of 7 February 9, 2015 the first three properties west of the school. Currently, there are only four No Parking Any Time signs posted: one between Candota Avenue and the entrance to the turn -around, two between the turn -around driveways, and one between the turn -around exit and parking lot driveway. The school administration requests and the Engineering Division agrees that parking on the north side of Lincoln Street in front of the school should be limited or prohibited so as to not impact traffic during the drop-off and pick-up times. Parked vehicles may make it difficult for buses to enter/exit the parking lot and parents to exit the turn -around. Specifically, parking should be prohibited at all times for the section of Lincoln Street (north side) between the parking lot driveway and turn -around exit. Parking should be prohibited during the school day for the section of Lincoln Street (north side) between the turn -around exit and Candota Avenue. Further, the section of Lincoln Street (north side) between the turn -around driveways should also prohibit student drop-off and pick-up. This will help to limit the number of students crossing the turn -around driveways and will allow parents to have a clear view of Lincoln Street when exiting the turn -around. The section of Lincoln Street (north side) between Candota Avenue and the turn -around entrance can be used by the queue of parents waiting to enter the turn -around without impeding through traffic. Parking in front of the three properties west of the school does not impact the school and should be allowed for residents. Village Code also prohibits parking within 30' of a STOP sign and 20' of a marked crosswalk at an uncontrolled intersection. The curb extensions along Lincoln Street at Wego Trail and Candota Avenue will not extend beyond 30' of the STOP signs. Therefore, a new parking ordinance is not required. However, both curb extensions along Lincoln Street at Nawata Avenue will extend beyond 20' from the marked crosswalk on Lincoln Street. A new ordinance for the north side of Lincoln Street is described in the preceding paragraph. Should the proposal be approved, a new ordinance for the south side of Lincoln Street will also need to be included in the Village Code. As part of the study, surveys were sent to the residents on Lincoln Street between Wego Trail and Candota Avenue as well as Lincoln Middle School and School District 57. 5 of the 18 mailed surveys were returned (28%). 3 surveys oppose the proposal over concerns it will create traffic congestion and is unnecessary. From the comments, though, it appears two households may not fully understand the scope of the project. 1 survey supports the proposal and 1 survey was indifferent. All five surveys returned were from Lincoln Street residents and not the school or district administration. The Engineering Division supports the proposal as it is designed to enhance students' safety and slow traffic along Lincoln Street. Similar projects have been completed in the Village and shown to be successful and meet the desired goals. The school and district administration also support the proposal. Construction can take place during the summer to avoid any disruption to the school. The existing parking ordinance for Lincoln Street should be deleted and replaced with an ordinance that better reflects the uses of the school, parents and residents. Recommendation: Approve the traffic calming project along Lincoln Street as proposed by the Engineering Division. Further, amend the Village Code as follows: 1. Delete the ordinance prohibiting parking along the north side of Lincoln Street between Seegwun Avenue and Candota Avenue. (Section 18.2006) 2. Enact an ordinance prohibiting stopping, standing, parking at all times along the north side of Lincoln Street between Nawata Avenue and 180' west. (Section 18.2005) 3. Enact an ordinance prohibiting stopping, standing, parking at all times along the south side of Lincoln Street between Nawata Avenue and 80' west. (Section 18.2005) TSC Meeting Page 4 of 7 February 9, 2015 4. Enact an ordinance prohibiting stopping, standing, parking from 7:00AM to 3:OOPM on school days along the north side of Lincoln Street between Nawata Avenue and 140' east. (Section 18.2009C) 5. Enact an ordinance prohibiting stopping, standing, parking from 7:OOAM to 3:OOPM on school days along the north side of Lincoln Street between Candota Avenue and 150' west (drop- off/pick-up zone). (Section 18.2009C) 2) Discussion Chairman Keane introduced the item and asked Traffic Engineer Lawrie to present the Engineering Division's report. Traffic Engineer Lawrie provided the Commission with background information and summarized the recommendations. Commissioner Fisher suggested to add marked crosswalks at the intersection of Lincoln Street and Wego Trail. He asked if the sidewalk on the south side of Lincoln Street continues west. Traffic Engineer responded it ends after the first property. There was discussion whether the sidewalk should be removed. Traffic Engineer Lawrie said the Village typically doesn't remove sidewalk but it could be reviewed. Commander Smith suggested it be removed as it doesn't lead anywhere and could pose a safety concern. Chairman Keane asked if there have been any accidents along Lincoln Street involving students. Traffic Engineer Lawrie said he reviewed the crash reports over the past five years there have not been any recorded crashes during this time involving students. Village Engineer Wulbecker asked what the lane width will be for the travel lanes. Traffic Engineer Lawrie said the width will be 11' for each travel lane, typical for a residential street. Commissioner Fisher asked if the Fire Department anticipates any issues with negotiating the curb extensions with their vehicles. Battalion Chief Uidl said no and Traffic Engineer Lawrie responded the Engineering Division reviewed the wheel patterns of their fire trucks to verify there would not be problems. Village Engineer Wulbecker noted the benefit to pedestrian safety by reducing the crossing distance at these crosswalks. The curb extensions in front of Indian Grove Elementary School have been in place for 10 years and continue to be supported by the school. Jason Kaiz, principal at Lincoln Middle School, noted that % of the students walk/bike to school. Lincoln Street is a wide roadway and can be difficult for students to cross. There are two adult crossing guards that assist students but changing the roadway will help slow traffic and make it safer for students. Mr. Kaiz expressed his support for the project. Howard Konieczka, 400 Nawata Avenue, expressed concern that students disobey the No Cell Phone Use signs and do not pay attention to the crossing guards or vehicles. He suggested the school remind students and parents not to use their cell phones around the school. He is concerned about speeding along Lincoln Street and is in favor of student safety. However, he is opposed to the project. If parents and students would obey the laws around the school, the problems would be resolved according to Mr. Konieczka. Commissioner Fisher suggested the school and PTA get the word out to parents to obey the laws. He asked if the Police Department can patrol the school during arrival and dismissal times at the school. Commander Smith said they can assign an officer as time permits to monitor traffic. He also explained the cell phone laws pertain to drivers in a moving vehicle. Students TSC Meeting Page 5 of 7 February 9, 2015 and parents in a parked vehicle or walking while on a cell phone are not in violation of the law. John Heidcamp, 400 Wego Trail, questioned the purpose of the curb extensions at Lincoln Street and Wego Trail. He is in favor of adding crosswalks at the intersection but would prefer not to have a curb extension in front of his house. He suggested a possible alternative of using hatching on the roadway to slow vehicles. Mr. Heidcamp also asked if drainage around the curb extensions has been looked at by the Village. Traffic Engineer Lawrie said the curb extensions at Lincoln Street and Wego Trail are designed to create a greater STOP sign compliance rate. The Police Department and Engineering Division occasionally receive complaints about vehicles rolling through the STOP signs at this intersection. He explained the curb extensions would also benefit pedestrians crossing the street. He mentioned the curb extensions at this intersection were not the focus of discussions with the school and could be removed from the project without affecting student safety. Since the street was being resurfaced by the Village this year, it was opportunity to address another concern. Traffic Engineer Lawrie said construction drawings have not been completed but the Engineering Division will review the drainage as part of design. Dale Falk, Assistant Superintendent of School District 57, informed the audience that the school district works closely with the Police Department and Engineering Division on various traffic issues at all of their schools. Commissioner Tortorello agrees parents are often distracted when driving through school zones. She suggested adding more crossing guards at the school. She asked if there is an issue with vehicles waiting to turn into the turnaround during arrival and dismissal times, and causing a bottleneck on Lincoln Street. Mr. Kaiz responded that through traffic is able to get by and it is not a problem. Traffic Engineer Lawrie said the school has a sign exiting the turnaround prohibiting left turns to minimize traffic in front of the school. There was general discussion about traffic along Lincoln Street and the drop-off and pick-up habits of parents in front of the school. Commissioner members agreed, based on the success of previous projects in the Village, that curb extensions would enhance student safety at Lincoln Middle School. Commissioner Fisher made a recommendation to support the Engineering Division's proposed traffic calming project along Lincoln Street and the associated parking regulation changes. Traffic Engineer Lawrie asked if he wanted to include any amendments to the recommendations. He did not. The motion was seconded by Commissioner Tortorello. The motion was approved by a vote of 7-0. COMMISSION ISSUES Chairman Keane asked the status of the Millers Lane & Central Road recommendation from the last Commission meeting. Traffic Engineer Lawrie said it was presented to the Village Board at the January 20, 2015 Village Board Meeting and additional information was requested by the Trustees. It will be discussed again at the February 17, 2015 Village Board Meeting. Chairman Keane said he would attend the meeting. Chairman Keane let the Commission know a new member is expected to be announced by the Mayor in the near future. This will fill the vacancy currently on the Commission. TSC Meeting Page 6 of 7 February 9, 2015 Commissioner Tortorello asked if Lincoln Street near St. Raymond Church is scheduled to be resurfaced soon. Traffic Engineer Lawrie said he would find out and let her know. Commissioner Tortorello mentioned a Pace bus often will block eastbound Prospect Avenue near Route 83 waiting for commuters to board the bus. The bus will prevent vehicles from turning right onto Evergreen Avenue. Traffic Engineer Lawrie said he would look into it but it was also suggested Commissioner Tortorello speak with the Community Development Department about the issue. Commissioner Tortorello asked if the Police Department continues to provide crossing guard instruction to parent/teacher volunteers. Commander Smith said it is done on a case-by-case basis. Commissioner Fisher asked if a Police drone vehicle could be used near Lincoln Middle School to assist with some of the concerns raised at the meeting tonight. Commander Smith said he would look to have one placed near 400 Nawata Avenue for a couple of days in the near future. Commissioner Kuehlthau has noticed motorists avoiding the traffic signal at Route 83 and Central Road, and using Henry Street and Wille Street. He said vehicles park on Wille Street close to Central Road making it difficult to turn onto and off of Wille Street. Commander Smith said he would look into the issue. ADJOURNMENT With no further business to discuss, the Transportation Safety Commission voted 7-0 to adjourn at 8:36 p.m. upon the motion of Commissioner Fisher. Commissioner Kuehlthau seconded the motion. Respectfully submitted, '; Matthew P. Lawrie, P.E. Traffic Engineer h:\engineering\traffic\safety_commission\rets&mins\TSC-feb15min.docx TSC Meeting Page 7 of 7 February 9, 2015 LINCOLN STREET TRAFFIC CALMING PROJECT CONCEPTUAL PLAN VILLAGE OF MOUNT PROSPECT a� - TSC RECOMMENDATION NO STOPPING, STANDING, PARKING AT ALL TIMES NO STOPPING, STANDING, PARKING DURING SCHOOL HOURS DROP-OFF I PICK-UP ZONE DURING SCHOOL HOURS LINCOLN 51 0 2 CURB EXTENSIONS YELLOW CENTERLINE & 2 CURB EXTENSIONS 2 CURB EXTENSIONS STOP SIGNS RELOCATED WHITE PARKING LINES CROSSWALK DISTANCES CROSSWALK DISTANCES CLOSER TO TRAVEL LANE TO SLOW TRAFFIC SIGNIFICANTLY REDUCED SIGNIFICANTLY REDUCED STOP SIGNS RELOCATED CLOSER TO TRAVEL LANE jr MIDDLE SCHOOL i LINCOLN ST A. FF s fl ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2005, "SCHEDULE V NO STOPPING, STANDING OR PARKING of the Village Code of Mount Prospect, as amended, is further amended by inserting the following: Between "Name of Street Side of Street Hours of Description Lincoln Street North At any time Btw. Nawata Ave. and 180 feet west Lincoln Street South At any time Btw. Nawata Ave. and 80 feet west. SECTION TWO NO of the Village Code of Mount Prospect, as amended is further amended by deleting the following: "Name of Street Side of Street Description Lincoln Street North Btw. Seegwun Ave. SECTION THREE PARKING DURING SCHOOL HOURS of Chapter 18 of the Village Code of Mount Prospect, as amended is further amended by deleting the following: "Name of Street Side of Street Description Lincoln Street North Btw. Nawata Ave. and 140 feet east 7: A.M. to 3:00 P.M. Lincoln Street North Btw. Candota Ave. and 150 feet west 7:00 A.M. to 3:00 P.M. (drop-off/ pick- SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March 2015. ________________________________ Arlene A. Juracek, Mayor ATTEST: ________________________________ M. Lisa Angell, Village Clerk Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER, DAVID STRAHL FROM: ADMINISTRATIVE ANALYST, ALEX BERTOLUCCI DATE: FEBRUARY 24, 2015 SUBJECT: “NO PARKING” HOURS – MUNICIPAL PARKING LOTS Background When Wille Street lot changed from leased to permitted parking it was noted the posted “no parking” hours did not match the “no parking” hours listed in Section 18.1323, “Parking in Municipal Lots,” of the Village Code. Further review provided another parking hour discrepancy in regards to Village Code Section 18.1322, “Pay Parking Zones.” Table 1 presents the discrepancies between the Village Code sections under review and the hours posted in the lots. Table 1 “No Parking” Hours Village Code Parking in Pay Parking Zones Municipal Lots LotPosted Hours Section – 18.1322 Section - 18.1323 Wille Street N/A 1 a.m. to 5 a.m. 2 a.m. to 6 a.m. Maple East Commuter 2 a.m. to 6 a.m. 1 a.m. to 5 a.m. 1 a.m. to 5 a.m. West Commuter Note: The commuter lots posted “no parking” hours correspond more closely with Metra’s train schedule than the hours listed in the Village Code. The earliest train arrives in Mount Prospect at 5:23 a.m. The “no parking” hours listed have remained the same since these code sections were created over thirty years ago. “Pay Parking Zones” was added to the Village Code by Ord. 3067 on 11/05/1980 and “Parking in Municipal Lots” was established by Ord. 3408 on 3-6-1984. At the time when “Parking in Municipal Lots” section was created there was a need to restrict parking in lots that were not metered like the old senior center and library lot (East side of Emerson St.). Today this code section is still relevant as it provides overnight “no parking” restrictions for the lots like Wille Street and the lot by the water tower. Parking in the municipal parking garage is defined by Section 18.1323.1, “No Parking” Hours – Municipal Parking Lots February 24, 2015 Page 2 “Municipal Parking Garage Restrictions,” of the Village Code and will not be affected by the proposed changes. Discussion The research that discovered the conflicting “no parking” hours has provided an opportunity to resolve these discrepancies by refining the Village Code. “Parking in Municipal Parking Lots” restrictions applies to, “any municipal parking lot, be it owned, metered or leased by the village.” The “no parking” hours listed under this section would apply to all Village lots and it is not necessary to have “no parking” hours also listed under “Pay Parking Zones.” This proposal recommends deleting the “no parking” language in the “Pay Parking Zone” section of the Village Code. With this language removed then the “no parking” language under “Parking in Municipal Lots” would be the sole regulations restricting overnight parking in the Village’s pay parking lots. This would allow for the posted hours in commuter lots to match the hours listed in the Code, since the hours in “Parking in Municipal Parking Lots” are already 1 a.m. to 5 a.m. The pay parking zone of Prospect Avenue between Maple and William Streets will not be impacted by the proposed change, because street commuter parking zone has legislated “no parking” hours defined by Section 18.1320, “Time Limits,” of the Village Code. This proposal also recommends “Parking in Municipal Parking Lots” section of the Village Code to remain unchanged. Instead, posted hours in the Wille Street lot would be adjusted to 1 a.m. to 5 a.m. Recommendation I recommend Village Board approval of the deletion of section 18:1322.D of the Village Code in its entirety. This deletion permits section 18.1323, “Parking in Municipal Lots” to provide uniform legislated “no parking” hours for municipal lots. The recommended modification would also require adjusting the Wille Street lot signs “no parking” hours to 1 a.m. to 5 a.m. Alex Bertolucci Administrative Analyst /ab c: Public Works Director Sean Dorsey Police Deputy Chief Timothy Griffin H:\\CLKO\\WIN\\Alex Projects\\Projects\\Parking In Municipal Lots Memo_2_24_2015.V.1.1.docx ORDINANCE NO. ____ AN ORDINANCE AMENDING CHAPTER 18 ENTITLED “TRAFFIC” OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE : Section 18.1322, “Pay Parking Zones”, of Article XIII, “Stopping, Standing and Parking”, of Chapter 18, “Traffic,” of the Mount Prospect Village Code, as amended, shall be further amended by deleting paragraph D of Section 18.1322 in its entirety. SECTION TWO : This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this _______ day of ____________, 2015 ________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________________ M. Lisa Angell Village Clerk 1 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606-2903 T 312 984 6400 F 312 984 6444 MEMORANDUM TO: David Strahl, Acting Village Manager FROM: Everette M. Hill, Jr., Village Attorney DATE: February 26, 2015 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462-5353 T 708 349 3888 F 708 349 1506 www.ktjlaw.com SUBJECT: Sale of Village Owned Property Located at 1112 N. Elmhurst Road As you are aware, the Village was awarded ownership of the property at 1112 N. Elmhurst Rd. by the Circuit Court of Cook County. The improvements on the property were demolished by the village and the staff was instructed by the board to sell the property. The neighboring property owner made a cash offer that was within the parameters established by the Board. We are scheduled to close on that contract in March. The title insurer has asked that the Village provide an ordinance from the Village President and Board of Trustees approving the sale of the property. That ordinance, along with the Real Estate contract is attached. ORDINANCE NO. ________ AN ORDINANCE AUTHORIZING THE EXECUTION OF REAL ESTATE SALE CONTRACT OWNED BY THE VILLAGE OF MOUNT PROSPECT (1112 NORTH ELMHURST ROAD, MOUNT PROSPECT, IL 60056) WHEREAS, fee simple title to the vacant land located at 1112 North Elmhurst Road, Mount Prospect, Illinois (“Subject Property”), is held by the Village of Mount Prospect; and WHEREAS, the Subject Property is legally described as follows: LOT 7 IN BLOCK 1 IN WEDGEWOOD TERRACE, A SUBDIVISION OF PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.: 03-27-305-013-0000 Commonly known as: 1112 North Elmhurst Road, Mount Prospect, Illinois 60056; and WHEREAS, the Mayor and the Board of Trustees of the Village find that the Subject Property is no longer necessary, appropriate or required for the municipal use; and WHEREAS, Robert J. Habel (“Purchaser”) of 1116 North Elmhurst Road, Mount Prospect, Illinois, has submitted an offer to purchase the Subject Property in the amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00); and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village that the purchase price offered to be paid for the property by the Purchaser is fair, reasonable and just; and WHEREAS, it has been further determined by the Mayor and Board of Trustees of the Village of Mount Prospect that the best interests of the Village would be served by the sale of the Subject Property. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Whereas Each paragraph above is incorporated by reference into this Section 1 and made a part hereof as a material and operative provision of this Ordinance. 341431_1 SECTION TWO: In accordance with Section 8.514 of the Mount Prospect Village Code and the home rule powers of the Village, the Village Mayor and the Board of Trustees having declared the Subject Property to be surplus property, and having found it to be in the best interests of the Village to sell the Subject Property in accordance with the terms of this Ordinance, hereby authorize the sale of the Subject Property to Purchaser on the terms set forth herein and in a Real Estate Sale Contract attached Exhibit A hereto as and made a part hereof. SECTION THREE: the Mayor and Clerk of the Village, or their designees, are hereby authorized to execute for and on behalf of said Village the Real Estate Sale Contract for Exhibit A the Subject Property, attached hereto as and made a part hereof, and are authorized and directed to execute and deliver all other instruments and documents necessary or convenient to accomplish the conveyance of the Subject Property to Purchaser following the approval of this Ordinance and the execution of the Real Estate Sale Contract, in accordance with applicable law. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED AND APPROVED this day of March, 2015. _____________________________________ Arlene A. Juracek Mayor ATTEST: _________________________ M. Lisa Angell Village Clerk 341431_1 REAL ESTATE SALE CONTRACT (Vacant Land) THIS REAL ESTATE SALE CONTRACT (the "Contract") is made as of the Effective Date (as that term is defined herein) between the Village of Mount Prospect, a municipal corporation (the "Seller") and the Robert J. Habel (the "Purchaser"). AGREEMENT: 1. PURCHASE AND SALE. The Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller, upon the terms and conditions set forth in this Contract, the fee simple title to a vacant parcel of land commonly known as 1112 North Elmhurst Road, Mount Prospect, Illinois 60056 (the "Property"), which is legally described in Exhibit A attached hereto and made a part of. 2. PURCHASE PRICE. The purchase price to be paid by Purchaser is One Hundred Fifty Thousand and 001100 Dollars ($150,000.00) (the "Purchase Price"). At Closing, Purchaser shall pay to Seller, in good and available funds by wire transfer, plus or minus prorations as provided herein. 3. EARNEST MONEY DEPOSIT. Within five (5) days of the Effective Date (as defined herein), Purchaser shall deliver the sum of Five Thousand and 001100 Dollars ($5,000.00) representing earnest money (the "Earnest Money") to Seller's Attorneys, Klein, Thorpe & Jenkins, Ltd. ("KTJ" ). The Earnest Money shall be held by KTJ in a non-interest bearing account for the mutual benefit of the parties. The Earnest Money shall be applied to the Purchase Price, unless the Earnest Money is forfeited to Seller pursuant to the terms of this Contract. 4. TITLE INSURANCE. Within thirty (30) days of the Effective Date, Seller, at its cost and expense, shall deliver to Purchaser, a title commitment (the "Title Commitment") issued by the Title Company, in the amount of the Purchaser Price, subject only to (i) the exclusions and conditions contained in the Title Commitment; (ii) the restrictions and reservations, if any, contained in the Deed; (iii) general real estate taxes not yet due and payable and subsequent years; (iv) utility and drainage easements and such other covenants, easements, restrictions and matters of record; and (vi) acts done or suffered by or judgments against Purchaser (collectively, the "Permitted Exceptions"). If the Title Commitment discloses exceptions to title, which are not acceptable to Purchaser, (the "Unpermitted Exceptions"), Purchaser shall have thirty (30) days from the delivery of the Title Commitment to object to the Unpermitted Exceptions. Purchaser shall provide Seller with a title objection letter (the"Purchaser's Objection Letter") listing those matters, which are not Permitted Exceptions. Seller shall have thirty (30) days from the date of delivery of the Purchaser's Objection Letter ("Seller's Cure Period") to have the Unpermitted Exceptions removed from the Title Commitment or to cure such Unpermitted Exceptions or to have the Title Company commit to insure against loss or damage that may be occasioned by such Unpermitted Exceptions, the time of Closing shall be extended thirty (30) days after Purchaser's receipt of a proforma title policy (the "Proforma Title Policy") reflecting the Title Company's commitment to insure the Unpermitted Exceptions (the "Extended Title Closing Date"). If Seller fails to have the Unpermitted Exceptions removed or in the alternative, to obtain a Title Commitment insuring the Unpermitted Exceptions within the specified time, Purchaser may elect to either (i) terminate this Contract, at which time the Purchaser shall be entitled to have the Earnest Money Deposit returned to Purchaser, or (ii) upon notice to Seller within ten (10) days after Purchaser's receipt of Seller's intention to not cure the Unpermitted Exceptions, to take title as it then is with the right to deduct from the Purchase Price any liens or 333627_1 Page 2 of 18 encumbrances of a definite or ascertainable amount which are listed in the Title Commitment. All Unpermitted Exceptions, which the Title Company commits to insure, shall be included within the definition of Permitted Exceptions. The Proforma Title Policy shall be conclusive evidence of good title as therein shown as to all matters insured by the Title Company, subject only to the Permitted Exceptions. If Purchaser does not so elect, this Contract shall become null and void without further action of the parties. The Earnest Money Deposit shall be returned to the Purchaser. At Closing the Seller shall furnish Purchaser an Affidavit of Title, Covenant and Warranty in customary. The Purchaser shall pay the cost for any later date title commitment and any cost of the Title Company issuing a Proforma Title Policy. 5. SURVEY. Within forty-five (45) days after the Effective Date, Seller, at its cost and expense, shall deliver to Purchaser, a Plat of Survey (the "Survey") that conforms to the current Miniumum Standards of Practice for boundary surveys and is prepared by a surveyor licensed by the State of Illinois, showing any encroachments, measurements of all lot lines, all easements of record, right of way, building set back lines of record, fences, all buildings and other improvements on the Property and distances therefrom to the nearest two lot lines and linear measurements along all lot lines and angular measurements at all changes in direction along lot lines noting the recorded measurements and the actual measurement when a discrepancy is found. The survey shall show all corners staked, flagged, or otherwise monumented. The survey shall have the following statement prominently appearing near the professional surveyor seal and signature: "This professional service conforms to the current Illinois miniumum standards for a boundary survey". Upon approval of the Survey, the legal description in Exhibit A shall be automatically revised to be that of the legal description in the Survey and Title Commitment. At either party's request, any changes to the legal description shall be confirmed in writing and signed by both parties. 6. INSPECTION PERIOD. A). If Purchaser so desires, at its cost and expense, Purchaser shall have forty-five (45) days from the Effective Date (the "Inspection Period") within which to perform any all investigations, structural and system inspections with regard to the physical condition of the Improvements, soil reports, engineering studies, surveys and other studies and tests on the Property which Purchaser may reasonably deem necessary (the foregoing collectively, "Inspections"): B). In the event that the Real Estate is not suitable for Purchaser's use, Purchaser shall notify Seller in writing (the "Inspection Notice") of Purchaser's objections. In which event, Seller shall have thirty (30) days from the date of the Inspection Notice (the "Seller's Inspection Cure Period") within which to cure, or otherwise reach agreement with Purchaser with regard to such condition or objection; provided, if Seller is diligently pursuing such cure to resolution, Seller shall have such longer period of time as may reasonably be required to complete such cure. If such condition is not cured or otherwise resolved by Seller within the time provided, then Purchaser may elect to terminate this Contract. C). If Purchaser elects to terminate this Contract pursuant to this Paragraph 5, the Earnest Money Deposit shall be refunded to Purchaser and the parties shall have no further obligation to the other under this Contract, except for Purchaser's obligation to restore the Real Estate to its original condition prior to such Inspections and indemnify the Seller, as provided herein. D). If Purchaser fails to provide Seller with its Inspection Notice within the Inspection Period, than and in which event, Purchaser shall have been deemed to satisfied with the Inspections. 333627_1 Page 3 of 18 E). Seller shall permit Purchaser, or its authorized or designated representatives or agents, to enter the Real Estate from time to time, upon 48 hours notice, for the purpose of performing the Inspections as permitted hereunder, at Purchaser's sole cost and expense, except as otherwise agreed to elsewhere in this Contract. F). Environmental Assessment of the Property: The Purchaser shall have the right at any time prior to the Closing Date, at its sole cost and expense, to select and retain environmental and other consultants to examine and inspect the physical condition of the Property (including the groundwater thereunder), to conduct a site assessment and environmental audit, and to perform any environmental and engineering investigation or testing it deems necessary and appropriate (hereinafter "Environmental Assessment"). Seller hereby grants and will cause any tenant, if any to grant, to the Purchaser and its consultants, their employees, agents, subcontractors and representatives, an irrevocable license and authorization to enter upon and have full access to the Property for the purposes of conducting a complete inspection of the Property and to perform such tests, including without limitation subsurface testing, soil and groundwater testing, and other tests which may physically invade the Property or improvements thereon or to conduct other environmental and engineering investigations, as the Purchaser, in its sole discretion, determines is necessary to protect its interests, and Seller will do nothing to interfere with the investigation of the Property. This period shall be known as the "Environmental Contingency Period", and shall commence upon the Effective Date of this Contract through and including the date of the Closing. Seller shall provide to the Purchaser and its employees, agents, representatives and consultants full and complete access to the Property. Seller shall deliver to Purchaser within five (5) business days of the Effective Date all documents and information in Seller's possession, custody or control which relate or refer to the Property, its present and prior uses, or to the activities at or near the Property and environmental audits, reports or documents that refer or relate to the Property, including but not limited to (i) shall provide copies of any prior environmental reports, investigations, structural and system inspections with regard to the physical condition of the Property, including but not limited to soil reports, engineering studies; testing results, other reports and assessments, audits, surveys, correspondence, notices and any other documentation and information, if any, in Seller's possession, custody or control which relate or refer to the Property (including the groundwater thereunder), its present and prior uses, or to the activities at or near the Property (including the groundwater thereunder) and (ii) will make available to the Purchaser and Purchaser's consultants those key people having knowledge about the environmental practices and procedures of the Seller and prior occupants of the Property (the "Seller's Reports"). If requested, the Seller will make available to the Purchaser's consultants, all documents and information in the Seller's possession, custody or control which relate to any adjacent property. The term "Environmental Assessment" as referred to in this Paragraph shall include, but not be limited to, Phase I and Phase II environmental audits. Seller agrees to cooperate with the Purchaser in conducting the Environmental Assessment. 7. DEED. Seller shall convey fee simple title to the Property to Purchaser, by a recordable Warranty Deed (the "Deed"), subject only to the Permitted Exceptions. 8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES. B Seller hereby represents and warrants to Seller that Purchaser has the requisite power and authority to enter into and fully carry out this Contract and the purchase of the Property, including the execution of all instruments and documents delivered or to be delivered hereundeR. C Purchaser hereby represents and warrants to Seller that Purchaser has the requisite power and authority to enter into and fully carry out this Contract and the purchase of the Property, including the execution of all instruments and documents delivered or to be delivered hereunder. 333627_1 Page 4 of 18 9. CLOSING. The closing of the contemplated purchase and sale shall take place through a deed and money escrow ("Escrow") no later than , 2014 ("Closing Date") at the office of the Chicago Title Insurance Company, located at 10 S. LaSalle Street, Suite 3100, Chicago, IL 60603, (sometimes referred to herein as the "Title Company" and/or "Escrowee") or at such other time and place as mutually agreed to by the parties. 10. CLOSING OBLIGATIONS. On the Closing Date, the obligations of the Purchaser and Seller shall be as follows: a. The parties shall jointly deposit fully executed Deed and Money Escrow Instructions, State of Illinois Transfer Declarations, County Transfer Declarations and local Transfer Declarations, if any. b. The obligations of both Purchaser and Seller to close the transaction contemplated hereby is subject to each party timely performing each of their respective obligations to be performed by them hereunder on or before the Closing Date. C. The parties acknowledge that as Purchaser is a governmental entity, this transaction is exempt from any State, County or local real estate transfer tax pursuant to 351LCS 200/31-45(b). Seller is obligated to furnish completed Real Estate Transfer Declarations signed by Seller or Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and Cook County. THE PURCHASER FURTHER ACKNOWLEDGES THAT BECAUSE THE SELLER IS A MUNICIPAL ENTITY THAT THIS CONTRACT IS SUBJECT TO THE APPROVAL OF AND IS NOT ENFORCEABLE UNTIL APPROVED AT AN OPEN MEETING BY THE CITY COUNCIL OF MOUNT PROSPECT. THE PURCHASER WILL BE NOTIFIED WITH SUCH APPROVAL, IN WRITING, WITHIN TWENTY-FIVE (25) DAYS OF THE EFFECTIVE DATE. IF SUCH NOTICE OF APPROVAL IS NOT SO RECEIVED, THIS CONTRACT SHALL BE NULL AND VOID AND THE EARNEST MONEY DESPOSIT SHALL BE RETURNED TO THE PURCHASER WITHIN 24 HOURS OF A JOINT WRITTEN DIRCECTION TO THE ESCROWEE. IN WHICH EVENT THE EARNEST MONEY DEPOSIT SHALL BE RETURNED TO PURCHASER. 11. CLOSING COSTS / PRORATIONS. A. Deed and Money Escrow. The herein transaction shall be closed through an escrow with the Title Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by the Title Company, with such special provisions inserted in the escrow agreement as may be required to conform with this Contract. Upon the creation of such an escrow, anything herein to the contrary notwithstanding, payment of Purchase Price and delivery of Deed shall be made through the escrow and this Contract and the Earnest Money Deposit shall be deposited in this Escrow. B. Prorations. At Closing, the following adjustments and prorations shall be computed as of the Closing Date and the cash balance of the Purchase Price shall be adjusted to reflect such prorations. All prorations shall be based on a 365 -day year, with the Seller having the day prior to the Closing Day. 333627_1 Page 5 of 18 i. Real Property Taxes. General real estate taxes for 2013 and 2014, special assessments and all other public or governmental charges against the Land and Improvements which are or may be payable on an annual basis (including charges, assessments, liens or encumbrances for sewer, water, drainage or other public improvements completed or commenced on or prior to the Closing Date) shall be adjusted and apportioned as of the Closing Date and assumed and paid thereafter by Purchaser, whether assessments have been levied or not as of the Closing Date. If the exact amount of general real estate taxes is not known at Closing, the proration will be based on 105% of the most recent ascertainable taxes. In the event the Real Estate is exempt from payment of real estate taxes, there shall be no real estate tax proration given to the Purchaser at Closing. Purchaser shall provide Seller with evidence of such exemption at Closing. ii. Miscellaneous. All other charges and fees customarily prorated and adjusted in similar transactions shall be prorated as of Closing Date. In the event that accurate prorations and other adjustments cannot be made at Closing because current bills or statements are not obtainable (as, for example, utility bills), the parties shall prorate on the best available information, subject to adjustment within thirty (30) days of the receipt of the final bill or statement. Seller shall use its best efforts to have all utility meters read on the date of Closing so as to most accurately determine the proration of current utility bills. C. Seller's Costs. Seller shall pay the following costs and expenses in connection with the Closing: The premium for a title policy in the amount of the Purchase Price; Cost of obtaining any required title curative documents, except for title matters created by or relating to the Purchaser; iii. Recording fees for releasing or terminating any Unpermitted Exceptions or title curative documents; and iv. One half (1/2) of the cost of the Deed and Money Escrow fee, New York Style Closing and Closing Fee, if any. V. State, County Transfer taxes (or exemption stamp) on the Deed, together with any local tax (or exemption stamp) if the local ordinance reflects that it is Seller's obligation. D. Purchaser's Costs. Purchaser shall pay the following costs and expenses in connection with the Closing: Recording fees for the Deed; Recording fee for any financing documents; iii. Local stamp taxes (or exemption stamp) on the Deed, if the local ordinance reflects that its Purchaser's obligation; 333627_1 Page 6 of 18 iv. One half (1/2) of the cost of the Deed and Money Escrow fee, New York Style Closing and Closing Fee, if any. E. Other Costs. All other expenses incurred by Seller or Purchaser with respect to the consummation of the transaction contemplated by this Contract, including but not limited to the parties respective attorney's fees, are to be borne and paid exclusively by the party incurring the same, without reimbursement, except to the extent otherwise specifically provided in this Contract. In the event the Purchaser shall obtain financing for the purchase of the Real Estate, all costs associated with Purchaser's financing, including Purchaser's lender's loan policy shall be borne by the Purchaser. 12. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SELLER. The covenants, representations and warranties contained in this Paragraph shall be deemed remade as of the Closing Date and shall survive the Closing, and shall be deemed to have been relied upon by the Purchaser in consummating this transaction, notwithstanding any investigation the Purchaser may have made with respect thereto, or any information developed by or made available to the Purchaser prior to the Closing and consummation of this transaction. Seller covenants, represents and warrants to the Purchaser as to the following matters, each of which is so warranted to be true and correct as of the Effective Date and also on the Closing Date: a. Title Matters. Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. b. Violations of Zoning and Other Laws. Seller has received no notice, written or otherwise, from any governmental agency alleging any violations of any statute, ordinance, regulation or code. The Property as conveyed to Purchaser shall include all rights of the Seller to the use of any off-site facilities, including, but not limited to, storm water detention facilities, necessary to ensure compliance with all zoning, building, health, fire, water use or similar statutes, laws, regulations and orders and any instrument in the nature of a declaration running with the Property. C. Pending and Threatened Litigation. To the best knowledge and belief of Seller, there are no pending or threatened matters of litigation, administrative action or examination, claim or demand whatsoever relating to the Property. d. Eminent Domain, etc. To the best knowledge and belief of Seller, there is no pending or contemplated eminent domain, condemnation or other governmental taking of the Property or any part thereof.. e. Access to Property Utilities. No fact or condition exists which would result in the termination or impairment of access to the Property from adjoining public or private streets or ways or which could result in discontinuation of presently available or otherwise necessary sewer, water, electric, gas, telephone or other utilities or services. f. Assessments. To the best knowledge and belief of Seller, there are no public improvements in the nature of off-site improvements, or otherwise, which have been ordered to be made and/or which have not heretofore been assessed and there are no special or general assessments pending against or affecting the Property. 333627_1 Page 7 of 18 g. Authority of Signatories; No Breach of Other Agreements; etc. The execution, delivery of and performance under this Contract by Seller is pursuant to authority validly and duly conferred upon Seller and the signatories hereto. The consummation of the transaction herein contemplated and the compliance by Seller with the terms of this Contract do not and will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, any agreement, arrangement, understanding, accord, document or instruction by which Seller or the Property are bound; and will not and does not to the best knowledge and belief of Seller, constitute a violation of any applicable law, rule, regulation, judgment, order or decree of, or agreement with, any governmental instrumentality or court, domestic or foreign, to which Seller or the Property are subject or bound. h. Executory Agreements. Seller is not a party to, and the Property is not subject to, any contract or agreement of any kind whatsoever, written or oral, formal or informal, with respect to the Property, other than this Contract. Purchaser shall not, by reason of entering into or closing under this Contract, become subject to or bound by any agreement, contract, lease, license, invoice, bill, undertaking or understanding which it shall not have previously agreed in writing to accept. Seller warrants and represents that no written leases, licenses or occupancies exist in regard to the Property and further, that no person, corporation, entity, tenant, licensee, or occupant has an option or right of first refusal to purchase, lease or use the Property, or any portion thereof. i. Mechanic's Liens. All bills and invoices for labor and material of any kind relating to the Property have been paid in full, and there are no mechanic's liens or other claims outstanding or available to any party in connection with the Property. j. Governmental Obligations. To the best knowledge of Seller, there are no unperformed obligations relative to the Property outstanding to any governmental or quasi - governmental body or authority. k. Hazardous Materials. 1. From the Effective Date of this Contract to and including the Closing Date Seller agrees (i) to operate, maintain and manage the Property in the ordinary course of business; (ii) that the Property will comply in all respects, and will remain in compliance, with all applicable federal, state, regional, county and local laws, statutes, rules, regulations or ordinances concerning public health, safety or the environment, and all Environmental Laws (as defined below); and (iii) to maintain existing insurance on the Property. 2. Seller has no knowledge of: (i) the presence of any Hazardous Materials on, under or in the Property, including adjacent property (ii) any Release (which means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the indoor or outdoor environment or discarding of barrels, drums, containers, tanks and other receptacles containing or previously containing any hazardous Material) or threatened Release of Hazardous Materials that have occurred or are presently occurring on or onto the Property, including any adjacent property; (iii) any spills or 333627_1 Page 8 of 18 disposal of Hazardous Materials that have occurred or are occurring off the Property as a result of any construction on or operation and use of the Property; (iv) the presence of any equipment on the Property, containing polychlorinated biphenyls ("PCBs"); (v) the presence of any asbestos in use or on the Property; or (vi) any conditions or circumstances at or on the Property, which would pose a risk to the environment or the health or safety of persons. 3. To the best knowledge and belief of Seller, the Property, has never been used and will not be used as a landfill, open dump or a waste dump, or for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical material substance or waste. Seller has used no material quantity of any Hazardous Material and has conducted no activity, event or occurrence involving Hazardous Material at the Property. The Property does not contain underground storage tanks or Hazardous Materials, and the Seller has received no notice of nor do the Property violate any Federal, State, or Local Environmental Laws. For purposes of this Contract, the phrase "Environmental Laws" shall mean any federal, state or local law, statute, ordinance, order, decree, rule or regulation (including but not limited to judicial orders, administrative orders, consent agreements and permit conditions) relating to releases, discharges, emissions or disposals to air, water, the Property or groundwater, to the withdrawal or use of groundwater, to the use, handling, storage or disposal of polychlorinated biphenyls, asbestos or urea formaldehyde, to the treatment, storage, disposal or management of Hazardous Materials, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. '9601, et seq. ("CERCLA"); the Resource Conservation and Recovery Act, 42 U.S.C. '6901, 2Lan ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. '2601, et seq. ("TSCA"), the occupational, Safety and Health Act, 29 U.S.C. '651, et seq., the Clean Air Act, 42 U.S.C. '7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. '1251, et seq., the Safe Drinking Water Act, 42 U.S.C. '3001, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. '1801, et seq. ("HMTA"), the Clean Water Act, 33 U.S.C. '1251, et seg., the Safe Drinking Water Act, 42 U.S.C. 300f, et seq., the Clean Air Act, as amended, 42 U.S.C. '7401, et seq., the Uranium Mill Tailing Radiation Control Act, 42 U.S.C. '655, et seq., the Federal Insecticide, Fungicide and Rodenticide Act, 42 U.S.C. '136, et seg., the National Environmental Policy Act, 42 U.S.C. '4321, 2Lan, the Noise Control Act, 42 U.S.C. '4901, et seq., the Lead -Based Paint Poisoning Prevention Act, 42 U.S.C. '4821, et sec., the Department of Housing and Urban Development Act, 42 U.S.C. 3531, et seg., the Emergency Planning and Community Right to Know Act, 42 U.S.C. '11001, et seg. ("EPCRA"), and the Illinois Environmental Protection Act, and other comparable federal, state or local laws and all rules, regulations and guidance documents promulgated pursuant thereto or published thereunder, as any or all of the foregoing may from time to time be amended, supplemented or modified. For the purposes of this Contract, the phrase "Hazardous Materials" shall mean each and every element, compound, chemical mixture, contaminant, pollutant, material, waste or other substance which is defined, determined or identified as hazardous or toxic under Environmental Laws or the release of which is regulated under Environmental Laws. Without limiting the generality of the foregoing, the term "Hazardous Materials" will include: "hazardous substances" as defined in CERCLA; "extremely 333627_1 Page 9 of 18 hazardous substances" as defined in EPCRA; "hazardous waste" as defined in RCRA; "hazardous materials" as defined in HMTA; "chemical substance or mixture" as defined in TSCA; crude oil, petroleum and petroleum products or any fraction thereof (including "petroleum" as that term is defined in 42 U.S.C. '6991(8)); radioactive materials including source, by-product or special nuclear materials; asbestos or asbestos -containing materials; and radon. 4. Seller has received no notice of and to the best of Seller's knowledge and belief the Property does not violate any law, regulation or agreement applicable to the Property or its use. To the best knowledge and belief of Seller, the Property is not subject to any, and Seller has no knowledge of any, imminent restriction on the grantor ship, occupancy, use or transferability of the Property, in connection with any (i) Environmental Law, or (ii) release or threatened release or disposal of a Hazardous Material. With respect to the Property, if Seller shall (i) receive notice that any violation of any federal, state or local Environmental, health or safety law or regulation may have been committed or is about to be committed with respect to the Property, (ii) receive notice that any administrative or judicial complaint or order has been filed or is about to be filed alleging violations of any federal, state or local Environmental Law or regulation or requiring Seller to take any action in connection with the release of any Hazardous Materials into the environment, (iii) receive any notice from a federal, state or local governmental agency or private party alleging that the Seller may be liable or responsible for costs associated with a response to or cleanup of a release of any Hazardous Materials into the environment or any damages caused thereby, (iv) receive any notice that the Seller is subject to federal, state or local investigation evaluating whether any remedial action is needed to respond to the release of any hazardous or toxic waste, substance or constituent, or other Hazardous Materials into the environment, or (v) receive any notice that the Property, or assets of Seller are subject to a lien in favor of any governmental entity for any liability under the federal, state or local Environmental Laws or regulations or damages arising from or costs incurred by such governmental entity in response to a release of a hazardous or toxic waste, substance or constituent, or other Hazardous Materials into the environment, then the Seller shall promptly provide the Purchaser with a copy of such notice, not later than seven (7) days from Seller's receipt thereof. 5. There are no proceedings pending or, to the best knowledge and belief of Seller, threatened against or affecting the Seller in any court or before any governmental authority or arbitration board or tribunal, which if adversely determined, would materially and adversely affect the Property. The Seller is not in default with respect to any order of any court or governmental authority or arbitration board or tribunal, which default would materially and adversely affect the Property. 6. The Seller covenants that Seller shall not create, store, release or allow the retention, storage or release of any Hazardous Substances or Materials on the Property. 7. When used in this Contract, the expression "to the best knowledge and belief of Seller," or words to that effect, is deemed to mean that the Seller, after reasonable examination, investigation and inquiry is not aware of any thing, matter or 333627_1 Page 10 of 18 the like that is contrary, negates, diminishes or vitiates that which such term precedes. 8. Notwithstanding any other provisions or terms of this Contract to the contrary, in the event of the breach by Seller of any covenant, warranty or representation made by Seller in this Contract, Seller agrees to indemnify and hold harmless the Purchaser for and against all losses, damages, liabilities, costs, expenses (including reasonable attorney's fees) and charges which the Purchaser may incur or to which the Purchaser may become subject as a cause or consequence of such breach. Further, with respect to this Contract, Seller agrees to indemnify and hold the Purchaser harmless from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines sought in any lawsuit, administrative action or other proceedings, including reasonable attorneys' fees, costs and expenses, arising from or out of or in any way connected with: (i) the presence of any Hazardous Materials on the Property or the presence of any Hazardous Materials off the Property that was caused by or spread from the Property; or (ii) any violation or alleged violation of any local, state or federal environmental law or regulation, ordinance, administrative or judicial order relating to Hazardous Materials attributable to events occurring before the Closing Date of which Seller had knowledge but failed to disclose to Purchaser. Notwithstanding the foregoing, this Contract shall not be construed to impose liability on the Seller for Hazardous Materials placed, released or disposed of on the Property through no fault of Seller after the Closing. The covenants, representations and warranties herein contained together with this indemnity shall survive the Closing. In the event that the Purchaser or any of its officials, trustees, or employees are named as a defendant in any lawsuit arising out of the matters to be indemnified under this Contract, the Purchaser shall have the right to choose the attorney(s) who represent them in said lawsuit and the costs, expenses and fees associated with said attorneys in relation to said lawsuit shall be paid by Seller pursuant to the indemnification provisions herein. 9. The Seller's obligations hereunder shall in no way be impaired, reduced or released by reason of the Purchaser's omission or delay to exercise any right described herein or in connection with any notice, demand, warning or claim regarding violations of any Environmental Laws governing the Property. 10. The Seller's liability hereunder shall not be limited by the other provisions contained in this Contract, and Seller agrees that the indemnification contained herein is separate, independent of and in addition to Seller's other undertakings under this Contract. 11. The indemnification contained in this Contract shall be continuing, irrevocable and binding on the Seller, and the Seller's successors and assigns, and this Contract shall be binding upon and inure to the benefit of the Purchaser and the Purchaser's successors and assigns. I. Easements. Seller represents that the Property is adjacent to and has full and free access on all perimeter areas to and from public streets, such that no private easements or agreements are necessary to afford access to or from the Property. 333627_1 Page 11 of 18 M. Section 1445 Withholding. Seller represents that he/she/it/they is/are not a "foreign person" as defined in Section 1445 of the Internal Revenue Code and is/are, therefore, exempt from the withholding requirements of said Section. At Closing, Seller shall furnish Purchaser with a Non -foreign Affidavit as set forth in said Section 1445. Seller hereby indemnifies and holds Purchaser harmless against all losses, damages, liabilities, costs, expenses (including reasonable attorney's fees), and charges which Purchaser may incur or to which Purchaser may become subject as a direct or indirect consequence of such breach of any of Seller's representations or warranties made hereunder, including all incidental and consequential damages. These representations, warranties, and Seller's indemnification shall survive the closing. When used in this Subparagraph, the expression "to the best knowledge and belief of Seller," or words to that effect, is deemed to mean that Seller, after reasonable examination, investigation and inquiry is not aware of any thing, matter or the like that is contrary, negates, diminishes or vitiates that which such term precedes. 13. DEFAULT AND CONDITIONS PRECEDENT TO CLOSING. A). It is a condition precedent to Closing that (i) fee simple title to the Property being shown to be good and marketable, subject only to the Permitted Exceptions, as required hereunder and being accepted by Purchaser; (ii) the covenants, representations and warranties of Seller contained in Paragraph 15 hereof and elsewhere in this Contract being true and accurate on the Closing Date or waived by Purchaser in writing on the Closing Date; and (iii) Seller having performed under the Contract and otherwise having performed all of its covenants and obligations and fulfilled all of the conditions required of it under the Contract in order to Close on the Closing Date. If before the Closing Date, Purchaser becomes aware of a breach of any of Seller's, representations and warranties or of Seller failing to perform all of its covenants or otherwise failing to perform all of its obligations and fulfill all of the conditions required of Seller in order to Close on the Closing Date, Purchaser may, at its option (a) elect to enforce the terms hereof by action for specific performance; or (b) attempt to cure such breach or failure by Seller for a period of up to thirty (30) days following the Closing Date, charging Seller for all costs and expenses incurred in doing so and, following such attempt, to either: (x) terminate this Contract and receive a prompt refund of the Earnest Money Deposit, or (y) proceed to Close notwithstanding such breach or nonperformance. In all events, Purchaser's rights and remedies under this Contract shall always be non-exclusive and cumulative and the exercise of one remedy shall not be exclusive of or constitute the waiver of any other, including all rights and remedies available to it at law or in equity. B). In the event of a default by Purchaser, Seller's sole and exclusive right and remedy shall be to declare a forfeiture and to retain the Earnest Money Deposit as its sole liquidated damages, it being understood that Seller's actual damages in the event of such default are difficult to ascertain and that the Earnest Money Deposit is the parties' best current estimate of such damages. Notwithstanding the foregoing, the parties agree that no default of or by either party shall be deemed to have occurred unless and until notice of any failure by the non -defaulting party has been sent to the defaulting party and the defaulting party has been given a period of ten (10) days from receipt of the notice to cure the default. 333627_1 Page 12 of 18 14. BINDING EFFECT. This Contract shall inure to the benefit of, and shall be binding upon the heirs, legatees, transferees, assigns, personal representatives, owners, agents, administrators, executors, and/or successors in interest of any kind whatsoever, of the parties hereto. 15. BROKERAGE. Each party hereto hereby represents and warrants to the other that, in connection with this transaction, no third -party broker or finder has been engaged or consulted by it or, through such party's actions (or claiming through such party), is entitled to compensation as a consequence of this transaction. Each party hereby defends, indemnifies and holds the other harmless against any and all claims of brokers, finders or the like, and against the claims of all third parties claiming any right to a commission or compensation by or through acts of that party or that party's partners, agents or affiliates in connection with this Contract. Each party's indemnity obligations shall include all damages, losses, costs, liabilities and expenses, including reasonable attorney's fees, which may be incurred by the other in connection with all matters against which the other is being indemnified hereunder. This provision shall survive the Closing. 16. NOTICES. Any and all notices, demands, consents and approvals required under this Contract shall be sent and deemed received: A) on the third business day after mailed by certified or registered mail, postage prepaid, return receipt requested, or B) on the next business day after deposit with a nationally- recognized overnight delivery service (such as Federal Express or Airborne) for guaranteed next business day delivery, or C) by facsimile transmission on the day of transmission, with the original notice together with the confirmation of transmission mailed by certified or registered mail, postage prepared, return receipt requested, if addressed to the parties as follows: To Seller: Village of Mount Prospect, a municipal corporation 50 S. Emerson Street Mount Prospect, IL 60056 With a copy to: Everette M. Hill, Village Attorney Klein Thorpe & Jenkins, Ltd. 20 West Wacker Drive, Suite 1660 Chicago, IL 60606 PHN: (312) 984-6400 FAX: (312)984-6444 Email: To Purchaser: Robert J. Habel 1116 N. Elmhurst Road Mount Prospect, IL 60056 PHN: (847) 833-6165 With a copy to: 333627_1 PH: FAX: EMail: Page 13 of 18 Either party hereto may change the name(s) and address (es) of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner, as all other notices are required to be delivered hereunder. 17. RIGHT OF WAIVER. Each and every condition of the Closing other than the Purchaser's duties at closing is intended for and is for the sole and exclusive benefit of Purchaser. Accordingly, Purchaser may at any time and from time to time waive each and any condition of Closing, without waiver of any other condition or other prejudice of its rights hereunder. Such waiver by Purchaser shall, unless otherwise herein provided, be in a writing signed by Purchaser and delivered to Seller. 18. DISCLOSURE OF INTERESTS. In accordance with Illinois law, 50 ILCS 105/3.1, prior to execution of this Contract by the Purchaser, an Owner, authorized trustee, corporate official or managing agent, must submit a sworn affidavit to the Purchaser disclosing the identity of every owner and beneficiary having any interest, real or personal, in the Property, and every shareholder entitled to receive more than 7 1/2% of the total distributable income of any corporation having any real interest, real or personal, in the Property, or, alternatively, if a corporation's stock is publicly traded, a sworn affidavit by an officer of the corporation or its managing agent that there is no readily known individual having a greater than 7 1/2% percent interest, real or personal, in the Property. The sworn affidavit shall be substantially similar to the one described in Exhibit B attached hereto and made a part hereof. 19. ASSIGNMENT. Purchaser shall have the right to assign or transfer Purchaser's interest in this Contract without the prior written consent of Seller. Purchaser shall deliver to Seller a copy of the fully executed assignment and assumption by Purchaser, as assignor and the assignee. 20. MISCELLANEOUS. a. Purchaser and Seller mutually agree that time is of the essence throughout the term of this Contract and every provision hereof in which time is an element. No extension of time for performance of any obligations or acts shall be deemed an extension of time for performance of any other obligations or acts. If any date for performance of any of the terms, conditions or provisions hereof shall fall on a Saturday, Sunday or legal holiday, then the time of such performance shall be extended to the next business day thereafter. b. This Contract provides for the purchase and sale of Property located in the State of Illinois, and is to be performed within the State of Illinois. Accordingly, this Contract, and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. The parties agree that for the purpose of any litigation relative to this Contract and its enforcement, venue shall be in the Circuit Court in the County where the Property is located and the parties consent to the in personam jurisdiction of said Court for any such action or proceeding. C. The terms, provisions, warranties and covenants made herein, shall survive the closing and delivery of the Deed and other instruments of conveyance. This Contract shall not be merged therein, but shall remain binding upon and for the parties hereto until fully observed, kept or performed. 333627_1 Page 14 of 18 d. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this Contract. e. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Property Settlement Procedures Act of 1974. In the event that either party shall fail to make appropriate disclosures when asked, such failure shall be considered a breach on the part of said party. f. The parties warrant and represent that the execution, delivery of, and performance under this Contract is pursuant to authority, validly and duly conferred upon the parties and the signatories hereto. g. The paragraph headings contained in this Contract are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. h. Whenever used in this Contract, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. i. If the Seller is a Trust, this Contract is executed by the undersigned Trustee not personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. Said Trustee hereby warrants that it possesses full power and authority to execute this Contract. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings, warranties and agreements herein made on the part of the Trustee while in form purporting to be the representations, covenants, undertakings, warranties and agreements of said Trustee are nevertheless each and every one of them made and intended not as personal representations, covenants, undertakings, warranties and agreements by the Trustee or for the purpose or with the intention of binding Trustee personally but are made and intended for the purpose of binding only the trust property, and this Contract is executed and delivered by said Trustee not in its own right, but solely in the exercise of the power conferred upon it as said Trustee; and that no personal liability or personal responsibility is assumed by or shall at any time be asserted or enforceable against said Trustee on account of this Contract or on account of any representations, covenants, undertakings, warranties or agreements of said Trustee in this Contract contained either express or implied, all such personal liability, if any, being expressly waived and released. In the event the Seller is a Trust as provided above, this Contract shall be signed by the Trustee and also by the person or entity holding the Power of Direction under the Trust. The person or entity signing this Contract is by his/her/their/its signature represents, warrants and covenants with Purchaser that he/she/they/it has the authority to enter into this Contract and the obligations set forth herein. All references to the Seller's obligations, warranties and representations shall be interpreted to mean the Beneficiary or Beneficiaries of the Trust. j. In the event either party elects to file any action in order to enforce the terms of this Contract, or for a declaration of rights hereunder, the prevailing party, as determined by 333627_1 Page 15 of 18 the court in such action, shall be entitled to recover all of its court costs and reasonable attorneys' fees as a result thereof from the losing party. k. Purchaser may record this Contract or any memorandum or short form of this Contract against the Property, provided that if the transaction contemplated herein does not occur and the Contract is terminated as provided herein, Purchaser shall record a termination of the Contract. I. If any of the provisions of this Contract, or the application thereof to any person or circumstance, shall be invalid or unenforceable to any extent, the remainder of the provisions of this Contract shall not be affected thereby, and every other provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 21. EFFECTIVE DATE. This Contract shall be deemed dated and become effective on the date that the authorized signatories of Seller shall sign the Contract, which date shall be the date stated next to the Seller's signature. 22. CONTRACT MODIFICATION. This Contract and the Exhibit(s) attached hereto, if any, are made a part hereof, or required hereby, embody the entire Contract between the parties hereto with respect to the Property and supersede any and all prior agreements and understandings, whether written or oral, and whether formal or informal. No extensions, changes, modifications or amendments to or of this Contract, of any kind whatsoever, shall be made or claimed by Seller or Purchaser, and no notices of any extension, change, modification or amendment made or claimed by Seller or Purchaser (except with respect to permitted unilateral waivers of conditions precedent by Purchaser) shall have any force or effect whatsoever unless the same shall be endorsed in writing and fully signed by Seller and Purchaser. 23. SCHEDULE OF EXHIBITS, RIDERS AND ATTACHMENTS. The following are attached hereto and made a part hereof. Exhibit A Legal Description Exhibit B Disclosure Affidavit [TEXT CONTINUED ON NEXT PAGE] 333627_1 Page 16 of 18 IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date beside their respective signatures. SELLER: PURCHASER: By: Name: By: Title: Name: ATTEST: By: Name: Title: DATE EXECUTED BY SELLER: DATE EXECUTED BY PURCHASER: 333627_1 Page 17 of 18 EXHIBIT A (Legal Description of Real Estate) LOT 7 IN BLOCK 1 IN WEDGEWOOD TERRACE, A SUBDIVISION OF PART OF THE EAST 112 OF THE SOUTHWEST 114 OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 03-27-305-013-0000 Property Address: 1112 North Elmhurst Road, Mount Prospect, Illinois 333627_1 STATE OF ILLINOIS �*j COUNTY OF COOK EXHIBIT B DISCLOSURE AFFIDAVIT Page 18 of 18 I, (hereinafter referred to as "Affiant") reside at in County, State of_, being first duly sworn and having personal knowledge of the matters contained in this Affidavit, swear to the following: 105/3.1. That, I am over the age of eighteen and the (choose one) [ ] owner or [ ] authorized trustee or [ ] corporate official or [ ] managing agent or [ ] of the Real Estate (as defined herein). 2. That, the Real Estate (as defined herein) being sold to the Purchaser is commonly known as 1112 N. Elmhurst Road and is located in the County of Cook, Village of Mount Prospect, State of Illinois (herein referred to as the "Real Estate". The Real Estate has an Assessor's Permanent Index Number of 03-27-305-013-0000. 3. That, I understand that pursuant to 50 ILCS 105/3.1, prior to execution of a real estate purchase agreement between the record fee owner of the Real Estate and Purchaser, Illinois State Law requires the owner, authorized trustee, corporate official or managing agent to submit a sworn affidavit to the Purchaser disclosing the identity of every owner and beneficiary having any interest, real or personal, in the Real Estate, and every shareholder entitled to receive more than 7 1/2% of the total distributable income of any corporation having any interest, real or personal, in the Real Estate. 4. As the [ ] one): owner or authorized trustee or corporate official or managing agent or of the Real Estate, I declare under oath that (choose [ ] The owners or beneficiaries of the trust are: [ ] The shareholders with more than 7 1/2% interest are: or or [ ] The corporation is publicly traded and there is no readily known individual having greater than a 7 1/2% interest in the corporation. This Disclosure Affidavit is made to induce the Purchaser to accept title to the Real Estate in accordance with 50 ILCS AFFIANT SUBSCRIBED AND SWORN to before me this day of '2014. NOTARY PUBLIC 333627_1 A RESOLUTION SUPPORTING THE NORTHWEST MUNICIPAL CONFERENCE 2015 LEGISLATIVE PROGRAM WHEREAS, the Village of Mount Prospect is a member of the Northwest Municipal Conference; and WHEREAS, the Northwest Municipal Conference works with its members to develop its annual Legislative Program that serves as a comprehensive platform on legislative issues in order to protect and benefit the interests of its member municipalities, residents and businesses in our communities and the region; and WHEREAS, the North Legislative Program focuses on issues vital to the Village of Mount Prospect, which include: ensuring a pro-growth environment that reduces the burden on local taxpayers; ensuring local governments have sufficient revenues to provide quality public services; and, ensuring the sustainability of critical infrastructure through strategic investment; and WHEREAS, the Northwest Municipal Conference will actively pursue these legislative priorities to the benefit of the Village of Mount Prospect and all members of the Northwest Municipal Conference. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: That theVillage of Mount Prospect hereby pledges our support for the North Legislative Program; and SECTION TWO: That the Village of Mount Prospect will actively work to pursue the objectives of the 2015 Legislative Program both locally and in our federal and state capitols; and SECTION THREE: That a copy of this Resolution be forwarded to the Northwest Municipal Conference, to all state and federal legislators representing the Village of Mount Prospect, to the Office of the Governor and to department heads in the Village of Mount Prospect. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of March, 2015. ___________________________________ Arlene A. Juracek, Mayor ATTEST: ____________________________________ M. Lisa Angell,Village Clerk Mount Prospect Public Works Department �� $/ INTEROFFICE MEMORANDUM TO: ACTING VILLAGE MANAGER, DAVE STRAHL FROM: VILLAGE ENGINEER DATE: FEBRUARY 24, 2015 SUBJECT: COOK COUNTY HAZARD MITIGATION PLAN (ADOPT RESOLUTION) BACKGROUND At the February 10, 2015 Committee of the Whole Meeting I presented the background and plan elements of the Cook County Multi -Jurisdictional Hazard Mitigation Plan. Based on the positive discussion at that meeting, I recommend that the Village Board pass a resolution authorizing the adoption of the Cook County Multi -Jurisdictional Hazard Mitigation Plan. Please place this on the agenda for March 3, 2015 Village Board Meeting. Please don't hesitate to contact me if you have any questions. uIcker I concur with this recommendation. Public W&PksDirector Sean P. Dorsey H:Engineering\Agencies\Cook County\Hazard Mitigation\ResRecMm.docx RESOLUTION NO. A RESOLUTION OF THE VILLAGE OF MOUNT PROSPECT AUTHORIZING THE ADOPTION OF THE COOK COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, all of Cook County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition of Cook County, Cities, Villages and Metropolitan Water Reclamation District of Greater Chicago with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Cook County; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives and creates a plan for implementing, evaluating and revising this strategy. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: That theVillage of Mount Prospect adopts in its entirety, Volume 1, Chapter 68, the Village of Mount Prospect jurisdictional annex of Volume 2, Planning Partner, and the appendices of Volume 2 of the Cook County Multi-Jurisdictional Hazard Mitigation Plan (HMP). SECTION TWO: That the Village of Mount Prospect will use the adopted and approved portions of the HMP to guide pre- and post-disaster mitigation of the hazards identified. SECTION THREE: That the Village of Mount Prospect will coordinate the strategies identified in the HMP with other planning programs and mechanisms under its jurisdictional authority. SECTION FOUR : That the Village of Mount Prospect will continue its support of the Steering Committee and continue to participate in the Planning Partnership as described by the HMP. SECTION FIVE : That the Village of Mount Prospect will help to promote and support the mitigation successes of all HMP Planning Partners. SECTION SIX: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of March, 2015. ___________________________________ Arlene A. Juracek Mayor ATTEST: ____________________________________ M. Lisa Angell Village Clerk RESOLUTION NO. A RESOLUTION ADOPTING THE 2015 OFFICIAL ZONING MAP FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS WHEREAS, as mandated by the Illinois Compiled Statutes 5/11-13-19, the Corporate Authorities shall cause to be published no later than March 31 of each year, a map showing the existing zoning uses, divisions, restrictions, regulations and classifications for such municipality for the preceding year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby adopt and approve the 2015 Mount Prospect Official Zoning Map, attached . SECTION TWO: This resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of March, 2015. ________________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\RESOLUTION\\Zoning Map,2015.doc VILLAGE OF MOUNT PROSPECT OFFICIAL ZONING MAP Effective: March 31, 2015 SEMINOLE LN (OLD WILLOW RD) SEN ECALN WINT W CR CR MAYA LN B UCK T PAWNEE LN RIVER R4 R4 I E N YUMA LN O WEST CT B3 B3 W CAMP MCDONALD R D E CAMP MCDONA LD RD R 3*B4 R 3*B4 RX RX 8 12 B3 3 B3 B3 B3 B3 11 2 B3 1 WOOD LN WOOD LN WOO 1. FAIRMONT PL 10 2. PARLIAMENT PL B3 3 B3 3. HANOVER PL R1 4* R1* R1* 4. PICADILLY PL R1*9 5. COVENTRY PL N CAR IB LN R1 R1 5 6. RALEIGH PL 8 7. YARMOUTH PL 47 6 7 8. MANSHIRE PL 6 9. THACKERY PL 10. BRIGHTON PL TANO LN TANO LN 1. APPLE CT 11. DOVER PL L N TANO LN 2. ORANGE CT 12. PICADILLY CIR 3. PLUM CT 4. CLOVE CT R1* R1* 5. NUTMEG CTE 6. APRICOT CT 5 B URR OAK DR L 7. PERSIMMON LN 8. STONEGATE MN CR* CR* PIN OAK DR CR CR R4* R4*CR CR B4 EELN B4 RX RX CHINKAPIN OAK DR . R1* WIMBOLTON DR B4 B4 W EUCLID AV E EUCLID AV B3 E EUCLID AV B3 E EUCLID AV B3 B3 B3 B3 BARBERRYLN BARBERRY LN AZALEA PL B3 B3 ALDER LN CR CR STRATFORD PL CEDAR LN AZALE A LN IVY L N RX X O RX O BARBERRY LN IVY L N DOGWOOD LN CEDAR LN O N OXFORD PL L BASSWOOD LN CR CR CR CR RX RX REGENCY R1 R1 CT R1 R1 OD DR GREENWO NT IN DOGWOOD LN O GREENWO B3* B3* B4 B4 N INDEPENDENCEEE DOGWOOD LN CT R1* R1* ELDERBERRY LN ALBI LINDEN LN ONLN R1 LIBERTY CT R1 HOPI L N N E D NN L GREENWOOD DR L R A K IRONWOOD DR DAL FREEDOM CT N B3* B3* M B4 B4RX RX OXWH OOC A A RY LNE HACKBER RITAG E R IO N CRR4* CRR4* CR D CR E B1 BOULD B1 B3* R3 B3* R3 IRONWOOD DR B4 B4 W KENSINGTON RD W KEE KEN NSINGTON RDSINGTON RD B4 E KENSINGTON RDE KENSINGTON RDE KENSING B4 TON RD R2 R2 B4 B3 R4* B4 B3 R4* GARWOOD DR I1* I1* B3 GARWOOD DR B3 HOLLY CT R1 R1 B1 B1 I S B HOLLY AV I1* I1* JUDITHANNDR R1 R1 R3 R3 I1 I1 E HIGHLAND AV W H IGHLAND ST R1 E HIGHLAND ST R1 R2 R2* R2 E JAY CT BLU B1 B1 CR CR R2* R2* W MEMORY LN E MEMORY LNHILL ST W MEMORY LN CR CR CR CR R1 R1 B1 B1 R1* R1* B3 B3 W GREGORY ST W GREGOR Y ST E GREGORY ST ILDWOOD LN W GREGORY ST W Y ST E GREGOR RA RA CR CR HARVEST LN R1 LOWDEN LN R1 CR CR B4 B4 CR CR B3* CARDINAL LN B3* B1 B1 FREY DR JEF R1 SMALL LN R1 RX RX W ISABEL LA ST E ISABELLA ST R4 R4 I1R4* I1R4* CALLERO CIR CR CR MITCHELL DR R2 R2 F B4* B1 B4* R3 B1 R3 E T HA NY WITHORN L ARDYCE LNER ARDYCE LN ST R2* R2* B1 R2* B1 R2* W THAYER ST E THAYER ST E THAYER ST R1 R1 R5 R5 EHY TAEST R MARK DR CR CR CENTENNIAL DR CR CR E HENRY ST R2* R2* LN MT PROSPECT PLAZA W HENRY ST ST E HENRY I1*W HENRY ST B3 W HENRY ST I1*B3 I2 I2 R RA SON L RA N I1R1 B5R3 I1R1 CR WALN B5R3 UT ST CR I1 I1 R1 R1 EN LN GRE B5 B5 W CEW CENTRAL RD NTRAL RD P1 D ENTRALR EC E CENTRAL RD W CENTRAL RD R3 B1 R3 B1 E CENTRAL RD B5C B4 B5C WHITEGAT WHITEGAT E DRE CT W BUSSE AV B5C B5C* B5C* B5C B5C* B5C*B5C B5C B5* B5* R1 R1 B S B5C R1 B5C R1 SSEAV EBU W BUSSE AV RX RX I2 B5C I2 B5C CR CR B5C B5C B5C* B5C* R CT SEMA GRINDELDR B5 B5 ZONING DISTRICTS RX FREDIANI RX CT B5 1 AV ERGREEN RX E EV B5 RX EEN AV VERGR W E CR CR 2 RA R3* 1. COLLEGE DR RA D R3* SRR S E 22. UNIVERSITY DR 3 AV NITA BO AV BONITA 23. VILLAGE DR VE R2 CLE R2 B5* B1 - OFFICE RN AV ILBU W M BURNAV IL W R1 R1 VERDE DR MILBURN EAV P1 P1 W MILBURN AV W MILBURN AV OAKST ITE H W R SAN D SU B2 - NEIGHBORHOOD SHOPPING RX RX ATLE HN PL DELTON PEN R1 R1 I1 I1 I2 I2 R4 SELMHUR STR D R4 E LINCO W LINCOLN STLN ST N ST COL W LIN RX T RX N B3 - COMMUNITY SHOPPING S T OLNS R2* INC WL R2* R2 R2 RX RX R1 R1 R4* R4* CR CR WIGWAM TRL B3* - COMMUNITY SHOPPING PUD R3 R3 G W SHA BONEE TRL R COTT TE S RX E S HA BON EE TRL RX RA RA RUSTY DR EN ST HAV K TER MAR RA RA B4 - COMMERCIAL CORRIDOR MOEHLING DR KIM AV T ODY C J L CR SULLIVAN CR ECOU NCILTR CT L ES DR ESTAT E LN LAWRENC B4* - COMMERCIAL CORRIDOR PUD L AT CR C TLE DR CR MYR N U WC RX RX CR CR R AWK D ACKHA BL H B5 - CENTRAL COMMERCIAL R1 R1 RX ST LN RENDERGA P RX TL R W HAW ATHA TRL RA RA TIN LN MAR B5* - CENTRAL COMMERCIAL PUD BLV ST ONE W LON NQU IST BLV RX* RX* LV IST B NQU LON W T BLV NQUIS W LON GOLFHUR ST AV B5C - CENTRAL COMMERCIAL CORE ORC HARD PL CR CR O B I L CR CR W SUNSET RD CR SET RD E SUN CR RX RX UNSET S RD ESUNSETRD SUNS ET RD ESUNSETRD RX W S RX U S ET B5C* - CENTRAL COMMERCIAL CORE PUD W SUNSET RD RX R RX RX RX G E EN R2* R2* ARBOR CR CR CT R4 R4 B3* B3* G L E N N B4 L N B4 R1 R1 LF RD E GO GROVEDR B1 B3 B1 B3 RA RA GO WR W G O L F R D CR - CONSERVATION RECREATION B1 B1 R4 R4 P B3* CR B3* CR R LM P B3 B3 LN NW HOOO TR CR* - CONSERVATION RECREATION PUD BEL AIRE LN ST LN LOCU D R SDSH RA B3* B3* LN RX ILLOW W RX LN LOW WIL N PA LN ATAL C LI N RA RA I1 - LIMITED INDUSTRIAL R2* R2* E LN NHO IVA LN EVA IA LN GNOL MA N GE L RTRID PA CR CR R4* R4* RX RX I1* - LIMITED INDUSTRIAL PUD R3 TRL FROST DR ASANT R3 PHE R2 R2 RX* RX* R1 R1 I2 - RAILROAD B4 PEL WHITE CHA DR RX RX HATHERLEIGH CT CR R 2*CR RX R4 R4 R4 R4 I3 - SOLID WASTE HANDLING DISTRICT R4* R4* CR* CR* B4* B4* R1 R1 CT PICKWICK CT IDA R4 R4 R3* R3* R4 R4 B4 B4 B4 B3 B3 I1 I1 B3 B3B4 SET B3 MT P B3B4 D T ER S PST DEM B4 B4 OR* - OFFICE RESEARCH PUD B3* I1 I1 R4* R4R4* R4 RX RX B3 B3 E CIR ORN AWTH H ERY OMS MONTGT B4 R4* R4* RX R4* R4* I1 I1 RX RX XX XX RX RX B3 B3 R1 R1 P1 - OFF STREET PARKING V ED R I1 I1 IMPERIAL CT R4* R4* CHA RLOTTE E DR RDT COV ORES F I1* I1* R4* R4* OR* OR* LN ABLE S R4* R4* I3 R1 - SINGLE FAMILY RESIDENTIAL R4* JAMES DR B3 B3 DR NNIS DE I3 I3 R4 R4 R1* - SINGLE FAMILY RESIDENTIAL PUD DR KENNETH DR RIA ICTO V B4 B4 RX CT RIOT CHA XX B3 XX CT ON I1* DIS AD I1* R2 - ATTACHED SINGLE FAMILY RESIDENTIAL I1* I1* I1 I1 B3 B3 RX YRD BO RX CA R2* - ATTACHED SINGLE FAMILY RESIDENTIAL PUD I1 I1 I1* I1* B4* B4* FRANKLIN R3 - LOW DENSITY RESIDENTIAL I1* I1*I1 I1 DR B3 B3 IDWAY DR M ENTERPRISE DR R3* - LOW DENSITY RESIDENTIAL PUD ALDR TEMIN R L DR INA TERM R4* R4* B3 B3 R4 - MULTI-FAMILY DEVELOPMENT ST KTON OA R4* - MULTI-FAMILY DEVELOPMENT PUD R5 - SENIOR CITIZEN RESIDENCE RA - SINGLE FAMILY RESIDENTIAL RX - SINGLE FAMILY RESIDENTIAL RX* - SINGLE FAMILY RESIDENTIAL PUD XX - UNINCORPORATED COOK COUNTY 0.50.2500.511.522.5 Miles F:\\Projects\\Comm_dev\\ZONING_BW_2015.mxd Printed by JJP/PW