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HomeMy WebLinkAboutRes 05-05 03/01/2005 vwl 2/23/05 RESOLUTION NO, 5-05 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN AGREEMENT FOR THE DEVELOPMENT OF FOUNDERS' ROW, 1-17 SOUTH EMERSON STREET WHEREAS, the Village of Mount Prospect has established a Tax Increment Financing District for the purpose of redeveloping the downtown district; and WHEREAS, in order to prepare the best plan for the redevelopment area, the Village of Mount Prospect has determined that it would be in the best interest of the Village to enter into a development agreement with Founders' Row. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees do hereby authorize execution of an Agreement between the Village of Mount Prospect and Founders' Row for the purpose of developing a plan for the former Bank One parcels located at 1-17 South Emerson Street, being the subject of this Resolution, a copy of said Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law, AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel, Farley NAYS: None ABSENT: None PASSED and APPROVED this 151 day of March, 2005. ;:; .'" ~ g) /' ,..,. ,,""" /. //' / ","-... --.."-'... ":,/ .'---:.,v ~ä~h~~ .-/ Gerald L. Farley / // Mayor / AT~5~.!A Velma W. owe Village Clerk :t~ H:ICLKOIfilesIWINIRESlAuth agrmt,VOMP.FoundersRow, 1,17 S Emerson,Feb,O5.doc ---' II TownhomeParccL2.23.05 AGREEMENT FOR SALE AND REDEVELOPMENT OF LAND THIS AGREEMENT (this "Agreement") is made by and between the VILLAGE OF MOUNT PROSPECT, Illinois, a municipal corporation (the "Village"), and FOUNDERS' ROW LLC, an Illinois limited liability company (the "Purchaser"). RECITALS WHEREAS, the Village has authorized the sale of that certain real estate located In the Village's corporate limits and commonly known as 1-15 S. Emerson Street consisting of approximately 1.669 acres (the "Property"), legally described on attached Exhibit A; and WHEREAS, the Village has awarded Purchaser the right to redevelop the Property and to purchase it from the Village pursuant to the tenTIS and conditions set forth in this Agreement; and WHEREAS, Purchaser intends to acquire and construct or cause to be constructed on the Property, approximately 14 attached single-family dwellings in two buildings (the "Improvements"); and WHEREAS, the Property is located in the Village's Tax Increment Finance (TIP) District. The TIF District was previously designated, adopted and approved by the Village; and WHEREAS, these Improvements and development will facilitate the goals and objectives of the Village's TIP District and provide for increased economic activity within the Village, increase the assessed valuation of the real estate situated within the II TownhomcParcel.2.23.05 Village, increase the tax revenues realized by the VilÍage, enable the VilJage to control the development of the Property and otherwise be in the best interests of the Village. NOW THEREFORE, in consideration of the premises set forth above and the mutual obligations of the pal1ies (the "Parties"), the Parties covenant and agree as follows: Section One: Incorporation of Recitals and Exhibits The recitals set forth above and all exhibits constitute an integral part of this Agreement and are incorporated by this reference with the same force and effect as if fully set forth as agreements of the Parties. Section Two: Definitions For purposes of this Agreement, the following capitalized terms shall have the meanings indicated: A. "Improvements" shall have the meaning set forth in the recitals. B. "Project" shall mean the development of the Property and construction of the Improvements in accordance with the terms of this Agreement and shall consist of approximately 14 attached single-family dwelling units and an equal number of parking garages, one per dwelling site substantially as set forth in Exhibits C & D. Purchaser reserves the right, however, to market the units as "townhomes", "row homes", "single family" and other applicable marketing terminology. C. "Title Company" shall mean Chicago Title Insurance Company and its affiliates. Attached as Exhibit B are the permitted title exceptions for the Property ("Permitted Exceptions"), 2 II : I To\\llhomeParccl .2.23 .05 Section Three: Approvals Zoning Contingency, Permits and Other Governmental A. Zoning. Prior to the date of this Agreement, the Village has approved zoning required for the Project, under Ordinance(s) Number(s) 5l.{ B 1 ("Zoning Approvals"). Attached as Exhibits C and D are the site plan and building elevations resulting from those Approvals ("Approved Site Plan" and "Approved Elevations", respectively). Such changes as Purchaser reasonably proposes and the Village approves as administrative changes during the construction penTIit and construction process ("Final Approved Site Plan and Elevations") may be allowed. B. Construction PenTIits and Other Governmental Approvals. Purchaser shall, at its expense, secure or cause to be secured, all necessary permits or other approvals from any other governmental agencIes (including without limitation the Village's agencies) having jurisdiction over such construction, development or work, or such portion of the work being perfonned. This shaH include, without limitation, any applications and permits, documents or plats which may be required to be obtained from any local, federal or state environmental protection agency, or from any other agency which may have or exercise any jurisdiction of any type whatsoever which may affect the Property for the Final Approved Site Plan and Elevations (the "Governmental Approvals"). Purchaser will diligently pursue obtaining the Governmental Approvals. The ViHage wilJ assist and cooperate with Purchaser to secure the Governmental Approvals. Procurement of Governmental Approvals shall be a condition of this Agreement and Purchaser's further obligations under it. 3 11 ¡ I To\\llhomcParceJ.2 .23 .05 C. Extent of Zoning and Governmental Approvals. The Final Approved Site Plan and Elevations and Governmental Approvals must pennit construction of the Project as defined. D. Construction Timetable. Construction of the Improvements shall commence within sixty (60) days after Closing of the Property (weather permitting). Purchaser shall have the right to cause construction of only one of the buildings at a time, however, and subject to Purchaser's sole discretion shall not commence construction of the second building until achieving sale of 70% of the units constructed in the first of the two buildings. Subject to discovery of latent underground conditions relating to prior uses of the Property and the time reasonably required to remediate them, each building shall be substantially completed not later than twenty-four (24) months after commencement of construction, subject to weather permitting and force majeure. For the purposes of this Agreement, "substantially completed" shall mean that subject to installation of any final finishes, fixtures, appliances and other buyer options, the units located in the applicable building are substantially complete to the point where a certificate of occupancy can issue at to each unit. Force majeure shall include, without limitation, latent underground conditions and the Village's failure to complete public infrastructure and/or streetscape improvements concurrently with Purchaser's substantial completion of the Project building(s). Notwithstanding anything to the contrary in this Section or elsewhere in this Agreement, however, and subject to posting appropriate evidence of insurance with the Village, and execution of any bonds, waivers, releases or hold hannless documents reasonably required by the Village Attorney. Purchaser shall have the right, at any time prior to issuance of any building permits and prior to or after Closing, but on not less than 4 II ; I TownhomcParcel.2.23.05 5 days' prior notice to the Village, to commence construction staging activities and preliminary site clearance and preparation (including but not limited to removal of asphalt areas) at Purchaser's sole cost; if Purchaser so elects, then the construction timetable shall not commence to run until actual excavation/shoring work commences (beyond removal and/or remediation of underground conditions), but in no event later than July 15,2005. E. Compliance with this Agreement, Governmental Approvals and Other Regulations. Purchaser shall complete the Project in compliance with the conditions of this Agreement, the Governmental Approvals and all other Village regulations. This shall include, but not be limited to, the payment of all fees and deposits on or before their respective established due dates, subject to any waivers of or variations from any governmental requirements granted in connection with the Project. F. The Village shall reimburse Purchaser for th~ costs and expenses of removing "unsuitable" existing conditions from the site to the extent that the costs and expenses exceed the costs and expenses for excavation but for such conditions (and, if Purchaser so chooses, the administrative costs and expenses of procuring a so-called "NFR" letter from the Illinois Environmental Protection Agency that attests to that condition without land use restriction and without engineered barriers or institutional or administrative controls). For these purposes "unsuitable" shall include underground petrochemical contamination, collapsed debris from prior uses (to the extent that asbestos-containing-materials and lead-based-paint materials intermixed with such debris can not be easily separately and therefore must be disposed of via licensed haulers), and asphalt materials. The Village shall reimburse Purchaser promptly for the costs and expenses of such work. 5 II Townholl1cP~rccl.2.23.05 G. Exterior Finishes. The Project shall be completed in compliance with Exhibit E ("Approved Materials Palette") which shall provide the details of all exterior finishes. Section Four: Sale and Purchase Price Subject to all the ternls, covenants and conditions of this Agreement, the Village agrees to sell, and Purchaser agrees to purchase the Property from the Village, for the total amount of$I,050,000.00 based on 14 single-family units. Section Five: Conveyance of Property, Closing and Title The Village shall convey to the Purchaser title by Special Warranty Deed subject only to the Permitted Exceptions ("Deed"). The "New York Style" closing ("Closing") shall take place at Chicago Title Company, Mount Prospect office, through a deed and money escrow within thirty (30) days after Zoning Approvals are satisfied and obtained, unless the parties otherwise mutually agree in writing. The costs of the deed and money escrow and the "New York Style" closing shall be shared equally by the parties. The Village shall be responsible for keeping the Propel1y exempt for real estate tax purposes up to and including the date of Closing and recording of the deed of conveyance; Purchaser shall be responsible for taxes that accrue from and after Closing. Within 5 days after the effective date of this Agreement, the Purchaser, at Village expense (to be a Closing proration credit in favor of Purchaser), wiJl procure a commitment ("Commitment") from the Title Company to issue an AL T A 1992 Owner's Policy of Title in the amount of the Purchase Price, showing title in the Village and Purchaser as the proposed insured, with title being subject only to (a) real estate taxes, if 6 II : I, T U\\11homcParcel.2 .23 .05 any, not yet due and payable, and (b) the Permitted Exceptions. The Village shall reimburse Purchaser, at C1osing (in the form of a proration credit in favor of Purchaser), for the costs and expenses of providing an AL T A survey made and certified in favor of the Village, Purchaser and such other parties as Purchaser may designate and prepared by Spaceco, Inc. as surveyor, showing the Property as being not subject to gaps, gores, overlaps, easements, encroachments or other matters customarily considered to be survey defects. If Purchaser finds title and/or survey matters on such updates to be defective, the Village shall have 30 days to correct the survey defect and/or cause the Title Company to waive or endorse over the title defect within ten (10) days after Purchaser's notice to the Village. If the Village fails to correct such defects and/or obtain appropriate waivers or endorsements over such defects, Purchaser shall have the right to cancel and tem1inate this Agreement or to accept title and survey conditions as then known with credit at closing for title and survey defects that are of a definite and ascertainable amount. Section Six: Access to Premises From the Effective Date until Closing, Purchaser, its representatives, agents, employees, lenders and contractors may, during reasonable business hours and on reasonable notice to the Village, have access to and the right to enter upon the Property for the purpose of physically investigating the Property or planning the Project; provided, however, that Purchaser shall have no duty or obligation to probe or test for existing latent conditions, however, it being the understanding that excavation of the Property for the Project shall be adequate for the purposes of this Agreement. Purchaser shall indemnify and hold the Village harmless from and against any and all claims relating to Purchaser's access to and right to enter the Property and except as provided in Section 7 TownhomcParccl.2.23.05 II i 1 J.D. shall not cause any damage to the Property in the course of such conduct, returning the Property to its original condition. Section Seven: Limitation upon Encumbrance of Property Prior to the substantial completion of the Project, neither Purchaser nor any successor in interest to the Purchaser shall engage in any financing or other transaction which creates an encumbrance or lien upon the Property, except for only the following purposes: (a) obtaining funds necessary to acquire the Property; (b) obtaining funds necessary to constmct the Project (both hardcosts and softcosts); (c) obtaining funds necessary to payor reimburse payment for Project hardcosts and softcosts incurred and/or expended prior to such funding; and (d) allowing unit acquisition mortgage loans. Section Eight: Notices All notices required by this Agreement shaH be in writing and shall be served on the Parties, either personally or mailed by certified or registered mail, or overnight courier as foHows: If to the Village: With a copy to: If to the Purchaser: With a copy to: Village of Mount Prospect 50 S. Emerson Mount Prospect, Illinois 60056 Attn: ViHage Clerk Everette M. Hill, Jr. Klein Thorpe and Jenkins Ltd. 20 North Wacker Drive Suite 1660 Chicago, IL 60606-2903 FOUNDERS' ROW LLC 7458 N. Harlem Avenue Chicago, Illinois 60631 Attn: Company Manager Stephen Messutta, Esq., General Counsel 8 !I To\\fnhomcParcel.2.23.05 Founders' Row LLC 7458 N. Harlem Avenue Chicago, Illinois 60631 Either party may, by notice in the manner provided in this Agreement, change the addresses set forth above. Section Nine: Legal Conformity The Purchaser shall construct the Project in conformity with all applicable laws and ordinances, including all applicable federal and state standards. The laws of the State of Illinois shall govern the interpretation and enforcement of this Agreement. The Village will not impose affordability requirements against the Project. The Village and the Purchaser shall mutually agree with respect to a reasonable amount of signage for sale of the Project and for events intended to attract prospective buyers and retailers to the development site during sale of the Improvements. Section Ten: Remedies and Liability A. Each of the parties may institute legal action against the other party to cure, COITect or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purposes of this Agreement, either at law or in equity, including, but not limited to the equitable remedy of an action for specific perfonnance, except as otherwise provided in this Agreement. B. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. 9 II TO\\11homcParccl.2.2 3 .05 c. Failure or delay by any party to perfonTI any act required in this Agreement, subject to rights to extend contained in this Agreement, or delays pemlitted by mutual agreement of the parties shall constitute a default under this Agreement. The party who so fails or delays must, upon receipt of written notice of the existence of such default, immediately commence to cure, correct or remedy with due diligence. The party claiming such default shall give written notice of the alleged default to the party alleged to be in default, specifying the complained of default. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as required to protect against further damages, and except as otherwise expressly provided in this Agreement, proceedings against the party in default shall not be commenced until thirty (30) days after giving such notice absent emergency circumstances. If such default cannot be cured within the thirty (30) day period, said thirty (30) day period may be extended upon mutual consent of the parties for such time as they agree to be reasonably necessary for the curing of the same. If default is cured within the original thirty (30) day period or the agreed upon extended period, the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. D. Each of the following acts or omissions of Purchaser shall constitute a breach of this Agreement: 10 iE T 0\\11 homcParccl.2.23 .05 1. Purchaser transfers, or suffers any invoJuntary transfer of its interest in the Property, or any part of it, in violation of this Agreement. 2. The filing or execution or occurrence of: (a) a petition filed by Purchaser seeking any debtor relief; (b) the making of an assignment for the benefit of creditors by Purchaser or its execution of any instrument for the purpose of effecting a composition of creditors; or (c) if Purchaser is adjudicated as bankrupt. Section Eleven: Assignment Purchaser may not assign this Agreement, without the prior consent of the Village, which consent shall not be unreasonably withheld or delayed. A change of company name or addition of a marketing name for the company shall not be deemed to be an assignment. Notwithstanding the foregoing, and without the prior consent of the Village, Purchaser shall have the right to assign this Agreement to another business entity of which Norwood Construction, Inc. acts in sole managerial capacity. Should such assignment not take place prior to Closing, Purchaser nevertheless shall have the right to designate a nominee as grantee of record for the Property. Section Twelve: Mutual Indemnification To the extent permitted by law, Village and Purchaser agree to indemnify, defend and hold hanTIless the other party and its agents, employees, successors and assigns and in the instance of the ViJIage, also its elected officials and officers, for any claims, suits, actions, costs liabilities, losses, damages, judgments, and expenses (including reasonable attorney's fees) suffered or incurred by the indemnified party by virtue of injury or death of person(s) or loss of or damage to property arising out of the acts or omissions of the indemnifying party in connection with this Agreement or the Project. 11 II TownhomcParceJ.2.23.05 Section Thirteen: Representations and Warranties of Purchaser Purchaser represents and watTants that: (a) Purchaser is a duly organized and validly existing business entity under the laws of the State of Illinois, is authorized to conduct its business as it is presently being conducted, is not in violation of any provisions of its organizational or operating Agreements or the laws of the State of Illinois, has power and legal right to enter into this Agreement, and has duly authorized the execution, delivery and performance of this Agreement by proper action. (b) The consummation of the transaction contemplated by this Agreement will not violate any provisions of the governing documents of Purchaser or constitute a default or result in the breach of any tenn or provision of any contract or agreement to which Purchaser is a party or by which it is bound. (c) There is no litigation, proceeding or investigation contesting the power or authority of Purchaser or its officers with respect to the Property, the Project, or this Agreement and Purchaser is unaware of any such litigation, proceedings, or investigation that has been threatened. (d) Purchaser has the technical expertise and the financial capacity and responsibility necessary to construct the Project and perform all of its obligations pursuant to this Agreement. Section Fourteen: Representations and Warranties of Village Village represents and warrants that: 12 II : Ii TownhomcParcel.2.23.05 (a) It has all the power and legal right to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action. (b) The consummation of the transaction contemplated by this Agreement will not violate any provisions of the governing documents of Village or constitute a default or result in the breach of any tenn or provision of any contract or Agreement to which Village is a party or by which it is bound. (c) There is no litigation, proceeding or investigation contesting the power or authority of Village or its officers with respect to the Property, the Project, or this Agreement and Village is unaware of any such litigation, proceedings, or investigation that has been threatened. Section Fifteen: Amendment or Waiver This Agreement, and any attached exhibits, may be amended only by the mutual consent of the parties and by the execution of the amendment by the Parties or their successors in interest. The parties may only waive any requirements or conditions contained in this Agreement in writing. Except as otherwise expressly provided in this Agreement, this Agreement expressly supersedes all prior Agreements negotiations and discussions relative to its subject matter and is a full integration of the Agreement of the parties. The covenants and agreements of this Agreement which, by their terms, extend beyond Closing, shall survive Closing. Section Sixteen: Exhibits The Exhibits referred to and attached in this Agreement or incorporated by textual reference are incorporated by this reference and made a part of this Agreement. 13 II ! 1 TownhomeParccI.2.23.05 Section Seventeen: Time Time is of the essence of this Agreement. Section Eighteen: \Vaiver Either party to this Agreement may elect to waive any remedy to which it may be entitled. However, no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any other right or remedy, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Agreement. Section Nineteen: Duplicate Originals and Counterparts This Agreement may be executed in duplicate originals or in several counterparts, each of which is deemed to be an original and all of which shall constitute one and the same agreement. Section Twenty: Severability If any section, subsection, telTI1 or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section Twenty-One: Limited Liability for Village The par1ies hereto specifically agree, that the Village shall have no liability for any breach of any of the tenTIS of this Agreement in the foml of punitive damages, compensatory damages or the payment of costs, expenses or attorneys' fees. The only liability that the Village shall have for breach of any of the terms, conditions or provisions 14 II Town'flOmeParcel.2.23.0S of this Agreement shall be liability in the fonn of specific perfonnance of such tenns, conditions or provisions of this Agreement. Section Twenty-Two: Headings The headings of the various paragraphs of this Agreement have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the express terms and provisions hereof. Section Twenty-Three: No Joint Venture Neither anything in this Agreement nor any acts of the parties to this Agreement shall be construed by the parties or any third person to create the relationship of a partnership or joint venture between or among such parties. Section Twenty-Four: Entire Agreement Except as otherwise provided herein, this Agreement and the Exhibits hereto constitute the entire Agreement of the parties in regard to the subject matter hereof. Section Twenty-Five: Joint \Vork Product This Agreement is the joint work product of the Village and the Purchaser and has been negotiated by the parties and their respective legal counsel, and in the event of any ambiguity herein, no inference shaH be drawn against either party on the basis of which party prepared this Agreement. Section Twenty-Six: Economic Assistance Except as provided in this Agreement, the parties acknowledge that there shall be no Village economic assistance for Purchaser or for the Project. Notwithstanding the foregoing, if the Village, after the date of this Agreement, extends its existing TIF program that includes the Property, the Village in good faith shall entertain Purchaser's IS II ! I TownhomeParce1.2.23.05 request for equitable participation therein but the Village shall be under no obligation to provide any assistance in connection therewith even if the same is available to eligible properties. This shall not preclude the Project ITom participating in any incentive program created by the Village after the Effective Date of this Agreement, however. Section Twenty-Seven: Private Drive Reorientation Developer shall provide, in the applicable townhome instruments of record, that if within twenty (20) years after recording such instrument the Village acquires the real estate to the south of the Property that would allow for the north-south "leg" of the private drive as shown on the Approved Site Plan, to be extended southerly to Busse Avenue (for its full width with appropriate curb cuts and radius aprons at Busse), then and in such case the southerly half of the east-west "leg" of the private drive as shown on the Approved Site Plan (west of a line which is the west edge of the north-south "leg" extended southerly) shall be conveyed to the Village and the Village shall convey the extension of the north-south "leg" to Busse to the townhome association, all as soon as practicable after the Village (a) completes a park in the remaining area at the northeast comer of Emerson Street and Busse Avenue, (b) constructs the north-south "leg" extension (including the relocation of any existing traffic controlling structures) and opens it to Busse, and (c) demolishes and reconstructs (exclusive of relocating yard fencing and bushes immediately south thereof) the east-west "leg" as part of the park (south half) and as part of the southernmost townhorhe sideyard (north half). Developer reserves the right on initial recording of the applicable townhome instruments to deem the east-west "leg" as part of the association's common area or as an easement over the southernmost townhome side-yard. The Village's plans for the park and drive 16 II TownhomeParcel.2.23.05 reorientation shall be at the Village's sole cost and expense, shall meet all design and materials criteria imposed on Developer (including without limitation self-contained stonTIwater management facilities) so as to be compatible with the Project, and which plans shall be subject to the townhome association's reasonable approval. As a condition of its approval, the townhome association shall have the right to have gates or other limited access facilities installed at the north and south ends of the drive if the townhome association detennines, in its reasonable opinion, that cut-through traffic has been a problem, and that prior efforts to control traffic (including but not limited to signage) were not effective. Section Twenty-Eight: Effective Date This Agreement shall be deemed dated and effective on the date the Village President and Village Clerk sign this Agreement, which date shall be adjacent to their signatures, but in no event prior to the date that Purchaser executes and delivers this Agreement to the Village for the Village's execution of it. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed in its name and behalf by its Mayor or his proxy and attested by its Village Clerk, and the Purchaser has signed the same by its duly authorized officer or representative. VILLAGE: VILLAGE OF MOUNT PROSPECT, an Illinois municipal corp Date: ..5...1-- [) 5 Attest: 17 TownhomeParcel.2.23.05 PURCHASER: Date: 3- J 9- 06 II i 1 FOUNDERS' ROW LLC, an Illinois limited liability company By: NORWOOD CONSTRUCTION, INC., an Illinois corporation ~~le:~ List of Exhibits Exhibit A - Legal Description Exhibit B - Permitted Exceptions Exhibit C - Preliminary Site Plan Exhibit D - Preliminary Elevations Exhibit E Approved Materials Palette 18 II TownhomeParcel.2.23.05 Exhibit A - Legal Description Parcell: LOTS 20, 21, AND 22 IN BLOCK 5 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT OF THE WEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ALSO Parcel 2: LOT 1 IN MOUNT PROSPECT STATE BANK RESUBDIVISION NO.3, A RESUBDIVISION OF LOTS 14 TO 19 IN BLOCK 5 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST 'OF THE' fHÌRD PRINCìPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Excepting from the Parcel(s), as applicable, however, the following: 1. the NWC (20' x 20') of the overall site shall be dedicated to the Village for public purposes; 2. the west 5.5' of the parcels (south of the foregoing 20' x 20' dedication) shall be dedicated for widening of Emerson Street (to be widened at the Village's sole cost and expense including but not limited to underground infrastructure, if any, curbing and streetwork, trees and tree grates, pavers and related hard- and landscape, street lighting, sidewalks and streetscape accessories consistent with the materials on the west side of Emerson Street); and 3. the north 7' of the parcels (east of the 20' x 20' dedication) shall be subjected to an easement in favor of the Village for public sidewalks, trees and related public improvements (to be installed at the Village's sole cost). 19 II TownhomeParce1.2.23.05 Exhibit B - Permitted Exceptions Taxes: None. As to the "Weller SSA", the Village, at Purchaser's request, will provide Purchaser, for purposes of sales, marketing and closings of units at the development, with written evidence that there is no levy proposed or pending. Zoning: Ordinances enacted by the Village and with Purchaser's knowledge and consent, that enable the Project, together with current Village building codes. Easements: Not later than Closing the Parties agree or consent to one or more recordable agreements or instruments (and recorded by Purchaser as soon thereafter as practicable) that have the following effect: a. modifying the existing 10' utility easement along the east line of Parcel 2 so as to be only so wide as reasonably required for the Project; and b. providing for mutually agreeable construction staging and construction parking, and for other construction staging protocols as are reasonable and will help facilitate the construction of the Project and not burden on-street public parking. c. cable line overhanging the SEC of the overall site servicing the home immediately south of the overall site, so long as the minimum height over grade of the line is at least 12.5'. Litigation: None. 20 II :1 TownhomeParce1.2.23.05 Exhibits C & D - Approved Site Plan and Approved Elevations (See Attached) 21 .II.: Exhibit"E" February 25, 2005 To: Bruce J. Adreani, President, Founders' Row LLC Jennifer Tammen, Director of Planning, Founders' Row LLC From: Michael L. Breda'll, Partner, OKW Architects Subject: Founders' Row Downtown Mount Prospect, Illinois Materials Specifications Exterior Wall Construction Front and sides will be brick exterior with concrete block back up. Interior side of block will have wood or steel framing, insulation, and 5/8" gypsum drywall. Brick shall be modular brick to match color, texture and character of that presented to the Village Board. Custom, wedge shaped bricks will be used for the primary entrance archway. Cast stone or limestone will be used for the beltcourse detailing at the base of the façade as well as window sills. The one story rear portion of the rowhome, as well as the side bay, and the second floor bay at the rear of the home will be wood frame construction with a . man-made shake siding (a, fiber cement product manufactured by James Hardie@), painted to be complementary with the brick color. Additional trim, soffits, etc. will be constructed of man-made wood boards that have a lifespan and serviceability that exceed that of conventional painted woods. The lower 3 feet of these shake siding areas will be brick with a cast stone belt course. Garages will be either brick cladding on wood frame or the man-made shake siding used on the rear portion of the row-homes per the elevations presented to the Village Board dated 1/25/05. Garage doors with be insulated painted metal doors, with paneled design motif and windows within the top panels. The coping of the brick gables will be of a custom profiled copper. All exposed flashing will be copper. The chimney tops will be developed with corbelled brick and cast stone detailing as well as decorative day chimney pots. /"">l:"'-~\ /-\' /-\ II ¡ ".'1 '~""¡ I . \; \" ¡' , / \ '-..9 f'" .;\ I '-"...__.L/ J '~ j \---.J Otis Koglin Wilson Architects . 600 West Jackson Blvd, Suite 300 Chicago. IL 60661 T 312.798.7700 F 312.798,7777 . :. Roofing The roofing of the row home and garages will be a premium grade asphalt shingle that conveys a weight, shadow-line and depth of character reminiscent of the shadowing and variation of color found in a natural grey slate roof. The roofing of the side bays on the 4 end rowhomes will be a standing seam copper. Gutters, downspouts and flashing Copper throughout. Windows Windows throughout will be aluminum clad, wood windows. A painted finish will be standard on the interior, with a stain grade interior available as an upgrade to the buyer prior to construction. The exterior color will be compatible with the color of the brick. Front Entry Porch Concrete porch with side walls of stair to be faced in brick masonry identical to main house. The Porch railing will be painted, decorative wrought iron. The Entry Door will be an insulated door, with decorative glazing and sidelights. The ceiling of the porch will be a stained wood bead-board. The Entry light fixture will be of a finished metal construction-brass or bronze, not a painted metal. Mailboxes will be generous in size. The mailboxes and house numbering will be consistent from house to house. Lighting All exterior lighting, such as at the garage entry and man doors, as well as the rear house door and the patio area will be of the same style family as the entry light fixture. Landscaping At the front of the house the landscape will be a layered composition of ground covers, perennials, grasses and small shrubs. .. , /mm-- 'mt'-"~',l~ ¡-, i-I' f ('-i', 'ì '; ,/, ! \ i í [11 I\~\!!\\j / \ ,-,+," 1'. \ '. i \ I , I .' \ " I """""",-"",:,.J "----'-- ' ----------. Otis Koglin Wilson Architects 600 West .Jackson Blvd. Suite 300 . Chicago. iL 60661 T 312.798.7700 F 312.798.7777 il The side yards and rear yards will have a generous lawn area with foundation planting around the base of the row home, and screening material, in the form of flowering shrubs, perennials, groundcover, as well as small scale coniferous trees. Ornamental trees will be placed to accent the larger garden/yard areas. The landscape site plan as submitted reflects the general layout of this material. Rear yard construction The porch and steps at the rear entrance as well as the trellis and the fence between the rear yards will be constructed of a natural weathering wood, such as cedar. The porch and steps will be stained with an opaque stain to match the color of the adjacent shake siding. ['--] """"'---¡-'-'--"-L ~ ,---,\ ,--' / ('-< ¡"x,\ /;. ! \! / (\,...!':~L"..:::l~\~/\ V / Otis Koqlln Wilson Architects 600 West Jackson Blvd. Suite 300 Chicago. IL 60661 T 312.798.7700 F 312.798.7777