HomeMy WebLinkAbout5. New Business 06/05/2012NOTICE OF PUBLIC
Corporation organized and existing under and by virtue of the laws of
HEARING BEFORE
,
PUBLICATIONS, Inc., has caused this certificate to be signed by, this
THE MOUNT
CERTIFICATE OF PUBLICATION
PROSPECT
VILLAGE BOARD
Paddock Publications, Inc.
OF TRUSTEES
NOTICE IS HEREBY
GIVEN that on Tuesday,
&&Ha9d
June 5, 2072, at the hour of
7:00a .,Z!Presidentand
--' s .... ..� ..t !6n -
Algonquin Antioch Arlington Heights Aurora, Barrington,
hold a liecring at the
Corporation organized and existing under and by virtue of the laws of
Mount Prospect Village
,
PUBLICATIONS, Inc., has caused this certificate to be signed by, this
Hall, Pro peat,illi o rs, ro
the State of Illinois, DOES HEREBY CERTIFY that it is the publisher
consider and hear testimony
regarding an Amendment of
of the DAILY HERALD. That said DAILY HERALD is a secular
an Annexation Agreement
pursuant to the provisions of
newspaper and has been circulated daily lri the Village(s) of
65 ILLS 5111- 15.1 -1, et seq.,
PROPERTY
Algonquin Antioch Arlington Heights Aurora, Barrington,
COMMONLY
Barrington Hills Lake Barrington North Barrington South Barrington
1703 Ea Kensington Road
Mount Prospect Illinois
Bartlett Batavia Buffalo Grove Burlington, Campton Hills,
PIN fi:03 -36- 100- 028 -0000
LEGALLY DESCRIBED
Carpentersville Cary Deer Park Des Plaines South Elgin East Dundee,
AS:
LOTS 1 AND 2 IN
Elburn Elgin Elk Grove Village Fox Lake Fox River Grove, Geneva,
CHARLES SUBDIVISION
OF PAT OF THE
1R 14
Gilberts Grayslake Green Oaks, Gurnee, Hainesville, Hampshire,
WEST OF SECTION
TOWNSHIP 42 NORTH,
RANGE 11, EAST OF THE
Hanover Park Hawthorn Woods Hoffman Estates, Huntley, Inverness,
THIRD PRINCIPAL ME-
RIDIAN, ACCORDING TO
Island Lake Kildeer Lake Villa Lake in the Hills, Lake Zurich,
THE PLAT THEREOF RE-
AS DOCUUMEN 99230400
Libertyville Lincolnshire Lindenhurst, Long Grove, Mt.Prospect,
II N9
COOK COUNTY, ILLINOIS.
Mundelein Palatine Prospect Heights Rolling Meadows, Round Lake,
PETITIONER:
Alden Realty Services, Inc.
OWNER:
Round Lake Beach,Round Lake Heights Round Lake park Schaumburg
1751 Kensington LLC
NATURE OF REQUEST:
Sleepy Hollow St. Charles Streamwood, Tower Lakes, Vernon Hills,
The Amendment to the An-
nexation Agreement reflects
Volo Wauconda Wheeling West Dundee Wildwood Sugar Grove,
recently approved modifica-
tions to the development
plan to allow 92 senior living
North Aurora
units to be constructed on
the sub lect property.
A draft of the proposed
Amendment to the Annexa-
tion Agreement is on file and
available for public inspec-
tion at the Office of the Vil-
lage of Mount Prospect Vil-
lage Clerk, Mount Prospect
Coun ty( ies ) of Cook Kane Lake McHenry
Village Hall, 50 S. Emerson
Street, Mount Prospect Illi-
and State of Illinois, continuously for more than one year prior to the
nois, during normal busi-
ness hours. All persons
date of the first publication of the notice hereinafter referred to and is of
wishing to be heard may ap-
pear and be heard at the
g eneral circulation throu said Village( Coun `y( ) leS and State.
Public Hearing or submit
P
written comments to the
Mount Prospect Village
Board of Trustees at 50 S.
Emerson Street, Mount
I further certify that the DAILY HERALD is a newspaper as defined in
Prospect, IL 60056, or via e-
mail to bcaanev�m au
" Act to revise the law in relation to notices" as amended in 1992
v-
pros ec
�t.or3. erg sons >
mg q� uesions may call the
Co Illinois C iled Statutes P Cha ter 7150 > Act 5 > Section 1 and 5. That a
Village of f Mount Prospect at
(847) 818 -5328.
The Public Hearing may be
>
notice of which the annexed printed slip is a true copy, was published
continued from time to time
without further notice, ex-
May 21, 2012 in said DAILY HERALD.
hexaon Agreement may be
IN WITNESS WHEREOF the undersig the said PADDOCK
chan altered, modified,
amended or redrafted in its
entirety after the Public
,
PUBLICATIONS, Inc., has caused this certificate to be signed by, this
Hearing. The Village
Board's decision is final for
authorized agent, at Arlington Heights, Illinois.
this case.
Dated at Mount Prospect, I I-
linois, this May 21, 2012
Village
PADDOCK PUBLICATIONS, INC.
P es of Mount
Prospect
Published t in Daily Herald
DAILY HERALD NEWSPAPERS
May 21, 2012 (4301656)
BY &tZX
Authorized Agent
Control # 4301656
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 29, 2012
SUBJECT: AMENDMENT TO ANNEXATION AGREEMENT FOR 1703 E. KENSINGTON RD.
Attached to this memorandum is an Amendment to an Annexation Agreement dated March 2, 1999 as
authorized by Ordinance No. 4979 that addresses the development of the property located at 1703 E.
Kensington Road. The proposed amendment would modify the original Annexation Agreement to reflect the
Preliminary PUD that was approved by the Village Board on March 15, 2011.
The original development plan included a 74 -unit congregate care facility and a Walgreens retail store at the
southeast comer of Wolf and Kensington Roads. The Walgreens was constructed as originally approved but
the congregate care facility was never completed. The Village recently approved a Preliminary PUD to allow
the construction of a 92 -unit affordable senior housing facility in lieu of the original congregate care facility.
Please forward this memorandum and attached letter to the Village Board for their review and
consideration at their June 5th meeting. Staff will be present at this meeting to answer any questions
related to this matter.
William J. tooney, Jr., I CP
Angell, Lisa
From: Cooney, Bill
Sent: Wednesday, May 30, 2012 10:15 AM
To: Angell, Lisa
Subject: FW: Mount Prospect Horizon -- request to waive second reading of amendment to the
annexation agreement
For the VB packet.
From: Beth Denies [-1--l- iIto :teeth cJemesCa thoa{d nngtVprk corn1
Sent: Wednesday, May 3, 2012 4 :50 PM
To: Cooney, Bill
Cc: Steve Friedland (sfriedland aatt_law_cori
Subject: Mount Prospect Horizon -- request to waive second reading of amendment to the annexation agreement
Dear Bill,
I am writing to request a waiver of the second reading of the Ordinance approving the Amendment to
the Annexation Agreement for the property located at 1703 E. Kensington Road. I understand that
this action will be on the village board's June 5 agenda. The waiver is needed to help us meeting our
application deadline for the Low Income Housing Tax Credits.
Thank you.
Note new email address: beth.demes@thealdennetwork .corn
Beth Demes
Executive Director
The Alden Foundation
4200 W. Peterson Ave., Suite 140
Chicago, IL 60646
773 - 724 -6374
fax: 773 - 286 -6146
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit httl ? - / � ,\ �, GG st,inant0 cc ��tzd.Co M
AMENDMENT TO ANNEXATION AGREEMENT
THIS AMENDMENT TO ANNEXATION AGREEMENT (this "Amendment ") is
made and entered into this day of , 2012, between the Village of Mount Prospect,
Illinois (hereinafter referred to as the "Village "), and 1751 Kensington LLC, an Illinois limited
liability company (hereinafter referred to as the "Owner ") of the real estate described on Exhibit
A attached hereto (the "Premises ") and Alden Realty Services, Inc., an Illinois corporation
which is the contract purchaser of the Premises (hereinafter referred to as "Purchaser ").
WITNESSETH:
WHEREAS, the Premises was annexed to the Village along with certain other real estate
(collectively, the "Annexed Property ") in accordance with that certain Annexation Agreement
dated March 2, 1999 (the "Original Agreement ") as authorized by Ordinance No. 4979
approved December 15, 1998 which Original Agreement was recorded in the Office of the Cook
County Recorder of Deeds on March 10, 1999 as Document Number 99230345; and
WHEREAS, the Annexed Property is comprised of the Premises and certain adjacent
real estate legally described on Exhibit B attached hereto ( "Lot 2 ") which Lot 2 has been
developed in accordance with the terms of the Original Agreement; and
WHEREAS, Owner acquired fee simple title to the Premises subsequent to the date of
the Original Agreement; and
WHEREAS, Purchaser and Owner have executed a real estate sales contract with respect
to the Premises; and
WHEREAS, the Village recognizes the need for affordable senior housing and has
targeted the Premises for redevelopment as affordable dwelling units for seniors; and
WHEREAS, the Purchaser proposes that the Premises be developed with ninety -two (92)
affordable dwelling units for seniors in accordance with that certain "Ordinance Granting A
Conditional Use Permit for the Preliminary Approval of a Planned Unit Development For
Property Located at 1703 Kensington Road" approved March 15, 2011 (the "Preliminary
PUD "), and other ordinances of the Village, and also in accordance with the terms and
conditions of the Original Agreement as hereby modified; and
WHEREAS, the Village is agreeable to all of such development in accordance with this
Agreement; and
WHEREAS, the Village, after due and careful consideration has concluded that the
amendment of the Original Agreement pursuant to the terms and conditions hereinafter set forth
would further the growth of the Village, enable the Village to control the development of the
area, extend the corporate limits and jurisdiction of the Village, permit the sound planning and
120304.5
development of the Village, and otherwise enhance and promote the general welfare of the
Village; and
WHEREAS, pursuant to the provisions Section 11- 15.1 -1, et seq., of the Illinois
Municipal Code, a proposed amendment to annexation agreement in substance and form
substantially the same as this Amendment was submitted to the Village and a public hearing was
held thereon pursuant to notice, as provided by statute; and
WHEREAS, the Corporate Authorities of the Village, after due deliberation have, by
ordinance, duly adopted and approved and authorized the execution of this Amendment and
directed its Village President and Village Clerk to execute this Amendment.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements
herein contained, the parties hereto agree as follows:
1. INCORPORATION AND PREAMBLE AND EXHIBITS
The Preamble to this Amendment and all exhibits referred to in the preamble and this
Amendment are incorporated herein as if fully set forth in this Section 1.
2. MUTUAL AGREEMENT
The Village, the Owner, and the Purchaser in consideration of the mutual agreements
herein contained, the sufficiency of which consideration is hereby acknowledged, agree that,
from and after the execution of this Amendment, they will perform or allow to be performed the
following covenants and agreements on their respective parts. Provided, however, in the event
that Owner delivers written notice (the "Notice of Termination') to the Village (which notice
shall be in recordable form) stating that the real estate sales contract (the "Contract ") for the
Premises by and between Purchaser and the Owner has been terminated and such Notice of
Termination is recorded in the Office of the Cook County Recorder of Deeds, then this
Amendment shall be null and void and of no further force or effect as of the date such Notice of
Termination is recorded, in which event the Original Agreement shall be reinstated. In the event
the Owner shall execute a deed or deeds for the Premises to the Purchaser or its affiliates (the
"Deed ") and such Deed shall be recorded, it shall be conclusively presumed that the transaction
contemplated by the Contract shall have been consummated and this Amendment shall remain in
full force and effect and the Owner shall no longer have the right to record a Notice of
Termination. Notwithstanding the foregoing, in the event the Deed is not recorded on or before
December 31, 2013, this Amendment shall be null and void and of no further force or effect and
the Original Agreement shall be reinstated.
3. ZONING AND DEVELOPMENT
Notwithstanding anything in the Original Agreement to the contrary, (i) the Premises will
be developed with a 3 -story building containing not more than ninety -two (92) affordable
dwelling units for seniors; and (ii) the development of the Premises shall be substantially in
accordance with and subject to the terms and conditions of the Preliminary PUD.
0J
4. ORIGINAL AGREEMENT
Purchaser, Owner and the Village represent and warrant to the other that to the best of
their respective knowledge, no default exists under the Original Agreement.
5. NOTICES
Section 26 of the Original Agreement is amended to add the following addresses for
notices, requests or demands:
If to Owner: Tom Lichter
Lichter Realty Inc.
4320 N. Elston Ave.
Chicago, Illinois 60641
If to Purchaser: Randi Schullo
Alden Realty Services, Inc.
4200 West Peterson Avenue
Chicago, Illinois 60646
6. GENERAL PROVISIONS
(a) This Amendment, when recorded, but subject to Section 2, above, shall be
binding upon and inure to the benefit of the parties hereto, their respective
grantees, successors in interest, assignees, lessees, and upon any successor
municipal authorities of the Village and successor municipalities for a period of
twenty (20) years from the date of execution of the Original Agreement.
(b) This Amendment constitutes a covenant running with the land and shall be
binding upon and inure to the benefit of the parties hereto and all of their
respective grantee, transferees, successors in interest, assignees, and lessees,
during the term of the Original Agreement.
(c) This Amendment shall be recorded in the office of the Recorder of Cook County,
Illinois.
(d) If any provision of this Amendment is found by a court of law to be in violation
of any applicable local, state or federal law, ordinance or regulation and if a court
of competent jurisdiction should declare such provision of this Amendment to be
illegal, void or unenforceable such provision shall be severed from this
Amendment and this Amendment shall continue in full force and effect as if such
provision were not contained herein.
(e) The Corporate Authorities for the Village warrant that they have the authority to
enter into this Amendment. Owner warrants that the execution of this
Amendment has been duly and validly authorized and that the obligations
3
imposed upon Owner herein shall be valid and binding obligations of the Owner.
Purchaser warrants that the execution of this Amendment has been duly and
validly authorized and that the obligations imposed upon Purchaser herein shall
be valid and binding obligations of the Purchaser.
(f) The captions of paragraphs are intended only for the convenience of the parties
and are not to be constructed as part of this Amendment or as a limitation of the
scope of the particular sections to which they refer.
(g) This Amendment may be executed in any number of counterparts and duplicate
originals, each of which shall be deemed an original but all of which shall
constitute one and the same instrument.
[Signatures on the following page]
11
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be
executed as of the day and year first above written.
Village of Mount Prospect, Illinois
L
ATTEST
In
Alden Realty Services, Inc.
C
Its President
1751 Kensington LLC, an Illinois limited liability
company
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT , as the
of the Village of Mount Prospect, an Illinois Municipal Corporation, personally known to me, to
be, the same person whose name is subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that he signed and delivered the said instrument as his own
fee and voluntary act and as the free and voluntary act of the said corporation.
Given under my hand and Notarial Seal this _ day of 1 2012.
Notary Public
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, do
hereby certify that , personally known to me to be the
of Alden Realty Services, Inc., personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged
that he /she, as such , signed and delivered the said instrument and caused the
corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board
of Directors of said corporation, as his /her free and voluntary act, and as the free and voluntary
act and deed of said corporation, for the used and purposes therein set forth.
Given under my hand and Notarial Seal this _ day of 1 2012.
Notary Public
0
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, do
hereby certify that , personally known to me to be the
of 1751 Kensington LLC, an Illinois limited liability company, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me this day
in person and acknowledged that he /she, as such , signed and delivered the said
instrument and caused the corporate seal of said corporation to be affixed thereto, as his /her free
and voluntary act, and as the free and voluntary act and deed of said company, for the used and
purposes therein set forth.
Given under my hand and Notarial Seal this _ day of , 2012.
Notary Public
VA
ORDINANCE NO.
AN ORDINANCE TO AMEND THE ANNEXATION
AGREEMENT FOR PROPERTY LOCATED AT
1703 EAST KENSIGNTON ROAD
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt
Ordinance No. 4979 entitled "An Ordinance Authorizing an Annexation Agreement for Certain Property
Located at the Southeast Corner of Wolf and Kensington Roads (Carematrix Development) at their regular
meeting held December 15, 1998; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt
Ordinance No. 5838 entitled An Ordinance Granting a Conditional Use Permit for the Preliminary approval
of a Planned Unit Development for Property located at 1703 East Kensington Road at their regular meeting
March 15, 2011; and
WHEREAS, the Annexation Agreement is hereby amended as set forth in Exhibit "A" to incorporate the
Preliminary PUD being the subject of Ordinance No. 5838; and
WHEREAS, the Annexation Agreement sets forth the development of the annexed property legally
described and attached to and made part of the amendment to Annexation Agreement as Exhibit "A ", senior
housing facility and Exhibit "B" Walgreen retail store; and
WHEREAS, the Village President and Board of Trustees hereby find that it is in the best interest of the
Village to approve an Amendment to the Annexation Agreement for property located at 1703 East
Kensington Road.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT 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 recitals set forth are incorporated as findings of fact by the President and Board of
Trustees of the Village of Mount Prospect.
SECTION TWO: That the Village Clerk is authorized and directed to record a certified copy of this
Ordinance and Exhibits with the Recorder of Deeds of Cook County.
SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June, 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
EXHIBIT A
Lot 1 in Charles Subdivision of part of the Northwest X of Section 36, Township 42 North, Range 11, East
of the Third Principal Meridian, according to the Plat thereof recorded March 10, 1999 as document
99230400 in Cook County, Illinois.
Property Index Number: 03 -36- 100 - 028 -0000
EXHIBIT B
Lot 2 in Charles Subdivision of part of the Northwest % of Section 36, Township 42 North, Range 11, East
of the Third Principal Meridian, according to the Plat thereof recorded March 10, 1999 as document
99230400 in Cook County, Illinois.
Property Index Number: 03 -36- 100 - 029 -0000
Village of Mount Prospect
Community Development Department
MEMORANDUM
�1gIE�lEIII�
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: COMMUNITY DEVELOPMENT DEPUTY DIRECTOR
DATE: MAY 30, 2012
SUBJECT: TRAIN STATION RETAIL TENANT
The Community Development Department has been searching for a replacement tenant to provide retail services
at the downtown train station since Lilia's Cafe vacated the space last year. Following Lilia's departure, staff
distributed a Request for Proposals to several local and regional operators requesting that they provide a scope of
services to operate a retail facility at this location. Staff has reviewed the completed proposals and met with
potential tenants to discuss their operations. Based on this review, staff recommends the Village enter into a lease
with Two Services, LLC to operate Morning Blend coffee shop at the train station.
The Village received two proposals to the RFP with each vendor demonstrating some experience operating a
coffee shop at a train station. Staff interviewed each vendor to determine their vision for the use of the space and
their proposed operations. Both vendors had a good understanding of the type of business the retail space would
generate. Staff is recommending Two Services LLC as the selected vendor as they provided more experience
with operating a train station retail establishment and offered a higher base rent over the term of the agreement
(approx $2,200 /year).
Morning Blend would be run by Charles Bliss and Toula Retsos who have over 15 years of experience operating
train station coffee shops within the Chicago suburbs. Currently they are operating coffee shops within the
Northbrook, Highland Park, and Villa Park Metra stations. As proposed, Morning Blend will offer services
including the typical food and beverage items of a cafe serving both hot and cold beverages, bagels, and other
baked goods and will operate Monday through Friday from 5:00 AM until 11:00 AM,
Two Services LLC will be paying $550 per month for rent and utility expenses to operate from the train station.
Staff believes the proposed agreement is appropriate for the nature of the retail space and will provide a service to
commuters utilizing the station. The lease is a five year lease. Planned improvements include the painting of the
interior of the retail space, modifications to the counter space, and placement of seating. A proposed floor plan
and rendering of the tenant space is provided within the vendor's proposal.
Please forward this memorandum and attachments to the Village Board for their review and consideration at their
June 5 meeting. Staff and Two Services LLC representatives will be present to answer any questions related to
this matter.
"W40.0-oviAMMA
H:1PLAN1Train StationkUPWiflage Board Memo_052992.docx
: _Proposal
Table: of Content's
1.`-BidJor RO
Morning Blend.kproposirig a moritlily:rent in the arriount.of $550 per.nriontli to be.
paid before the 1�` of everyrirorith .-Monthly rent for the spat' O utiliiies =
A nd CAivl. We wo�d :like to.request a 5 lease with an optional S yearrextension if all:.
. -
2. Floojr Plana
: The. - atmosphere'will be- fresh. , It.wi.i .. ccommodate the.fast pace. coinmutex_s .
laoi#g-fbf a quick before their hectic day..Our grab n' go bakery foods
cQii plete�our- .speedy, frien . yservice. Morning Blend will be elesi ed to allow easy .
:flow of traffic When.ordering and.receiving.
We" will equip the `facility `with'the •highest quality, restaurant grade fu_rnisl ing. and
mac l Ines. We usezndustrial brewers and grinders. from Bunn Coffee Makers and'Fetcci
and refrigerators.: from True manufacturing.
All costs associated vith'equipment, jpstallation, ser^vieing,'and- renovations shall.be, paid
- 1VMoxriing Blend.
The designer,, ena Retsos, will be available for consultation in regards.to.Design
Layout.
See addendurn'for blueprint of layout
:. 3..14demnficafion` Clause
Lessee: shall. defeiid,.protect, ..inderimify, i hold ha=lessLessor ati Lessor's agents,'
officers, directors; employees, and contractors-harmless-against and froin airy, and all
injuries, costs, expenses,`liabilides, losses;:dainages, injunctions, suits, actions; fines,.
penalties,:aiid demands of any, nature (iricludiing reasonable attorneys fees) arising in
connection with any and all third party clairris arising directly or indirectly out of (a)
injuries occurring within the prernise; any intentional acts or negligence of.Lessee•or .
Less&'.s agents; 'off cers; employees; or contractors; (c) any. breach or default in the
performance of any obligation on the Lessee part -to be preforined' under this lease; or (d} .
.the filature of any representation or warranty -made by Lessee herein to be'true. when
inade:.This indemnity does not ixiciude.the intentional: or itegligexit.acts:or omissions of
.the Lessor or its'agents officers, :contractors, or employee`s: This indemnity shall survive
tdrmination of.this Lease only as to arising out'of events that occur priorio
terniiriatioh of this lease.
RefereifiLces.w
Dave -Van
Public. Works. of Northbrook.
Phone:.' , 9.47' 272 1
-471
)Ei'ug'il:.david.van.!*n(@n6rthbro'o'k.
Jim I'ajpTec4
Head (if Works of.-Notffibro'Ok'
PhoneZ','847.2723094
Erhail: �tii)iek(@mortlibro
NWmie Yee
. . 6fEcon6niic-Dcv''e'qipinient
Plione 630:433.43.14
Patrick - Brehnirw',
I** 0 Manager of Highland Park
Phone: 847.'926
EEmail: iibrenrii6Q'cit
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND TWO SERVICES LLC, d /b /a (MORNING BLEND)
11 EAST NORTHWEST HIGHWAY
WHEREAS, the Village of Mount Prospect, a home rule municipality, is the owner of a train station
building located at 11 East Northwest Highway; and
WHEREAS, the Village of Mount Prospect is desirous of entering into a Lease Agreement with
Gandergroup, d /b /a, The Beanspout, to lease approximately 500 square feet of vendor space in
the train station building, commonly known as the Mount Prospect Downtown Metra Station located
at 11 East Northwest Highway; and
WHEREAS, such agreement will provide for the operation of a retail food establishment in the
Mount Prospect Downtown Metra Station that will benefit the citizens of Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect do
hereby authorize execution of a Lease Agreement between Two Services, LLC, d /b /a, Morning
Blend and the Village of Mount Prospect for the purpose of permitting a retail restaurant to be
located within the Mount Prospect Downtown Metra Station located at 11 East Northwest Highway,
and said Lease shall be for a period of five (5) years, a copy of which is attached and made a part
of this Resolution 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:
NAYS:
ABSENT:
PASSED and APPROVED this day of June, 2012
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
HACLKO\W WRESOLUTIOWLease agrmt, trainstationtwoservicesdbamorning blend nune2012 .doc
COMMERCIAL LEASE
TUE Services, LLC an
Illinois Corporation
(hereinafter "LESSEE ")
Village of Mount Prospect, a Municipal
Corporation
(hereinafter "LESSOR ")
TUE Services, c/o Charles Bliss
1700 St. Johns Avenue
Highland Park, IL 60035
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
In consideration of the mutual covenants and agreements herein stated, Lessor hereby
leases to Lessee and Lessee hereby leases from Lessor solely for the purpose hereinafter
provided the premises designated below (the "Premises "), together with the
appurtenances thereto, for the term stated below.
LEASE COVENANTS AND AGREEMENTS
1. PREMISES.
Lessor is the owner of a train station building consisting of approximately 500
square feet and located at 11 E. Northwest Highway, Mount Prospect, Illinois (the
"Building ") commonly known as the Mount Prospect Downtown Metra Station and by
this reference incorporated herein (the "Property ").
In consideration of the mutual promises, covenants and conditions herein set
forth, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor those certain
premises in the Building containing approximately 500 square feet of vendor space as
shown by cross - hatching on EXHIBIT A attached hereto and by this reference
incorporated herein (the "Premises ").
2. TERM.
Term. The term of this Lease (the "Term ") shall be for five (5) years,
commencing on the date of this Agreement.
3. RENT.
Lessee shall pay Base Rent on the first business day of each month to the Finance
Department at Village Hall, for the next month.
"Base Rent" - $550.00 per month including rent and utility expenses. The Base
Rent shall be abated for the first sixty (60) days following the commencement of this
agreement. The first Base Rent payment shall be made on August 1, 2012, following the
initial abatement period.
No payment to or receipt by Lessor of a lesser amount than the amount required
to be paid hereunder shall be deemed to be other than on account of the earliest amount
iManage:214550_1 M Al
of such obligation then due hereunder. No endorsement or statement on any check or
other communication accompanying a check for payment of any amount payable
hereunder shall be deemed an accord and satisfaction, and Lessor may accept such check
and payment without prejudice to Lessor's right to recover the balance of any sums owed
by Lessee hereunder. In the event any sums required hereunder to be paid are not
received on or before the fifth (5th) calendar date after the same are due, Lessee shall
pay, as Additional Rent, a late payment service charge equal to five percent (5 %) of the
overdue amount. In addition, any amount due hereunder shall bear interest from the date
due until paid at a rate equal to twelve percent (12 %) per annum.
4. FEES AND TAXES OWED TO VILLAGE.
Lessee shall make timely payment of all fees and taxes owed to the Village of
Mount Prospect, including but not limited to, food and beverage taxes, utility service
charges, sales taxes and business or other license fees, related to the operation of the
business within the vendor space. Lessee's failure to pay these fees and taxes owed to the
Village of Mount Prospect within ten (10) days of their due date shall constitute a breach
of this contract allowing Lessor to immediately commence eviction proceedings.
5. SUBLETTING; ASSIGNMENT.
The Premises shall not be sublet in whole or in part. Lessee shall not assign this
Lease without, in each case, the consent in writing of Lessor. Consent to assign or sublet
shall not be unreasonably withheld to a similar or like use as approved by the Village nor
permit any act or default of himself or any person within his control or Lessee shall not
transfer by operation of law any of Lessee's interest. Lessee may not offer for lease or
sublease the Premises by placing notices or signs of "To Let," or any other similar sign or
notice in any place, nor by advertising the same in any newspaper or place or manner
whatsoever without, in each case, the consent in writing of Lessor. If Lessee, or any one
or more of the Lessees, if there be more than one, shall make an assignment for the
benefit of creditors, or shall be adjudged a bankrupt, Lessor may terminate this Lease,
and in such event Lessee shall at once pay Lessor a sum of money equal to the entire
amount of rent reserved by this Lease for the then unexpired portion of the term hereby
created, as liquidated damages.
6. LESSEE NOT TO MISUSE.
Lessee will not permit any unlawful or immoral practice, with or without his
knowledge or consent, to be committed or carried on in the Premises by himself or by
any other person. Lessee will not allow the Premises to be used for any purpose that will
increase the rate of insurance thereon, nor for any purpose other than that herein
specified. Lessee will not keep or use or permit to be kept or used in or on the Premises
or any place contiguous thereto any hazardous materials (as defined in all federal, state
and local environmental laws, rules and regulations), flammable fluids or explosives,
without the written permission of Lessor first had and obtained. Lessee will not load
floors beyond the floor load rating prescribed by applicable municipal ordinances. Lessee
iManage:214550_1 2
will not use or allow the use of the Premises for any purpose whatsoever that will injure
the reputation of the Premises or of the Building of which they are a part. Lessee shall
not cause or permit any waste, misuse or neglect of the water, or of the water, gas or
electric fixtures.
Lessee acknowledges that the facility will be utilized as both a commercial and
public commuter rail station, the Lessee understands that Metra will house a ticket
operating office within the same overall building, this office will have a dedicated
entrance and will fall under the control and operation of Metra. The Lessee understands
that the Village of Mount Prospect, Metra and Lessee will need to coordinate activities
and work in conjunction on this venture with specific activities and requests not
unreasonably withheld. Lessee acknowledges and agrees that the public and commercial
usage will require the facility to be free of offensive music, language, signage and
activities.
7. CONDITION ON POSSESSION.
Lessee has examined and knows the condition of the Premises and has received
the same in good order and repair, and acknowledges that no representations as to the
condition and repair thereof, and no agreements or promises to decorate, alter, repair or
improve the Premises, have been made by Lessor or his agent prior to or at the execution
of this Lease that are not herein expressed. Lessee shall obtain any necessary permits
prior to possession of the property from Lessor. The fire department and building
department will be responsible for determining the maximum number of persons the
facility can occupy and this number shall be posted and received prior to any occupancy
permit being issued.
8. REPAIRS, MAINTENANCE AND ALTERATIONS.
8.1 At Lessee's sole cost and expense Lessee shall keep the Premises,
appurtenances thereto, and the areas to which Lessee has direct access in a clean, sightly
and healthy condition, and in good repair, all according to the statutes and ordinances in
such cases made and provided, and the directions of public officers thereunto duly
authorized, all at his own expense, and shall yield the same back to Lessor upon the
termination of this Lease, whether such termination shall occur by expiration of the term,
or in any other manner whatsoever, in the same condition of cleanliness, repair and
sightliness as at the date of the execution hereof, loss by fire and reasonable wear and tear
excepted. Lessee's obligations hereunder shall include maintaining all plumbing, HVAC,
electrical and lighting facilities and equipment within the Premises, the store front, doors,
and plate glass of the Premises. Lessee agrees to provide all custodial services, daily
cleanup, and maintenance of the public (Common Areas) portion of the Building such as
sweeping, floor and window washing, debris cleanup, and general cleaning of vendor
space storage and toilet areas, and shall provide all labor, supervision, insurance,
equipment and cleaning materials necessary to provide general cleaning and maintenance
of the Building and outdoor dining areas; provided, however, Lessor shall once a week
perform a thorough cleaning of the entire train station, including all floors, windows,
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bathrooms, etc. Notwithstanding any provision to the contrary, Lessee's obligations
under this Section shall not include making any repair or improvement necessitated by
the negligence or willful misconduct of Lessor, its officers, agents, employees or assigns,
or which result from construction defects caused by Lessor's building contractor and any
subcontractors. Lessor shall pay for and make all maintenance, repairs and/or
replacements for the upkeep of the roof, roof membrane and roof systems (gutters,
downspouts and the like) foundation, exterior walls, interior structural walls, and all
structural components of the Building, but such obligation shall not include making any
repair or improvement necessitated or caused by the negligence or willful misconduct of
Lessee, its officers, agents and assigns. Lessor shall also repair or replace if necessary,
and maintain all parking areas, sidewalks, landscaping and drainage systems on the
Property and all utility systems (including mechanical, electrical and HVAC systems) and
plumbing systems which serve the Building as a whole and not the Lessee's Premises.
Lessor shall snow plow all parking lot areas with Metra responsible for the platform
structures. Lessee shall make all necessary repairs and renewals upon Premises and
replace broken globes, glass and fixtures with material of the same size and quality as
that broken and shall insure all glass in windows and doors of the Premises at his own
expense. Lessee shall repair and or replace any furniture or equipment that is damaged
during the lease term. If, however, the Premises shall not thus be kept in good repair and
in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the
same, himself or by his agents, servants or employees, without such entering causing or
constituting a termination of this Lease or an interference with the possession of the
Premises by Lessee, and Lessor may replace the same in the same condition of repair,
sightliness, healthiness and cleanliness as existed at the date of execution hereof, and
Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of
Lessor in thus replacing the Premises in that condition.
8.2 Lessor's Rights. If Lessee fails to perform Lessee's obligations under
this Section, Lessor may, but shall not be required to, enter upon the Premises, after five
(5) days prior written notice to Lessee, and put the same in good order, condition and
repair, and the reasonable costs thereof shall become due and payable as additional rent
to Lessor together with Lessee's next Base Rent installment falling due after Lessee's
receipt of an invoice for such costs. This reimbursement obligation of Lessee shall
survive the termination or expiration of this Lease.
9. ACCESS TO PREMISES AND COMMON AREAS.
Lessee shall allow Lessor or any person authorized by Lessor free access to the
Premises for the purpose of examining or exhibiting the same, or to make any repairs or
alterations thereof which Lessor may see fit to make. Lessee shall have the right to use
any and all appurtenances and easements benefitting the Premises and the Building, along
with the sufficient Common Areas and parking to support its intended use of the
Premises. In addition to the foregoing, Lessee shall have the right to access to such
portions of the Building outside the Premises as are necessary to enable Lessee to
exercise its rights under this Lease.
i Manage 214550_1 4
Lessor shall have the following rights, exercisable without notice and without
liability to Lessee for damage or injury to property, person or business and without
effecting an eviction or disturbance of Lessee's use or possession or giving rise to any
claims for setups or abatement of rent, except as set forth herein: to establish or change
the name, designation or street address of the Property; to install and maintain signs on
any part of the Property outside the Premises; to enter the Premises in an emergency,
using such force as is reasonably necessary; to make such inspections and required
repairs of the Premises as are reasonably necessary; and to make repairs, additions or
alterations to the common areas of the Property; to do or permit to be done any work on
or about the exterior of the Property.
10. USE.
10.1 Use. Lessee may use and occupy the Premises for any lawful retail or
restaurant use; provided, however, that any proposed change in use must be reviewed and
approved and not be unreasonably withheld by the Village of Mount Prospect and Metra.
Lessor will provide Lessee with a key for twenty -four hour access to the public
washrooms in the building.
10.2 Compliance with Law. During the Term, Lessee, at its expense, shall
comply promptly with all laws, rules, and regulations made by any government authority
having jurisdiction over Lessee's use of the Premises pertaining to (a) the physical
condition of any improvements in the Premises; and (b) Lessee's specific business
operations in the Premises.
10.3 Operations. Lessee shall operate Monday through Friday from 5:00
a.m. to 11:00 a.m. It is agreed by the parties that in the event that business warrants it, as
determined by Lessor and Lessee in their reasonable judgment, these hours can be
modified. It is expressly understood and agreed that Lessee makes no representations or
warranties, oral or written, as to the level of gross sales it may generate from the Premises
or the number of customers that it will bring to the Building. In the event that Lessee
ceases operating its business in the Premises for a period of not less than twenty (20)
consecutive days, subject to force majeure, casualty, condemnation and remodeling,
Lessor shall have the right to terminate this Lease upon not less than thirty (30) days prior
written notice to Lessee unless Lessee, within such thirty (30) day period, again resumes
doing business in the Premises. Lessee's right to negate Lessor's termination by
reopening shall be a one -time right only.
10.4 Outdoor Seating. If such seating is permitted by the local authorities,
Lessee may provide outdoor seating for its customers on property owned by Lessor
adjacent to the Premises (the dimensions and location of such area shall be agreed upon
by Lessor and Lessee) at any time during the Term of this Lease at no additional cost to
the Lessee. Lessee, at its cost, shall comply with all relevant state, municipal or local
laws, regulations, rules or ordinances with respect to outdoor seating, and obtain all
necessary permits or licenses for the same. Lessee shall maintain the outdoor seating
area in a clean and neat fashion, with the Lessee responsible for security of materials
i Manage: 214550_1 5
during normal usage time and season. Lessor shall store all outdoor seating area furniture
for those portions of the year when such outdoor seating area is not being used because of
weather or other conditions.
10.5 Trash Removal. Lessor shall provide a lawful location on the Property,
enclosed if required by code or Lessor and convenient to the Premises, for a three or four
cubic yard trash container and recycling bins for trash disposal and recycling to be
installed by Lessee at its expense and to be exclusively for Lessee's use; or, if Lessee is
sharing a trash dumpster supplied by Lessor, Lessee will pay its share of the costs of such
dumpster based on the square footage of Lessee's store compared to the total square
footage of all tenants sharing the trash dumpster.
10.6 Special Events. Lessee shall obtain written authorization for special
events held inside or outside of the facility, including parties, music, concerts, readings,
or other events not deemed standard as part of their normal operations, and authorization
for these special events will not be unreasonably withheld.
10.7 Smoking Restrictions. Lessee acknowledges that this facility is both a
commercial and public venue and as such will exist as a non - smoking environment.
10.8 Vending Services. Lessee may locate and operate up to two (2) vending
machines in the Common Area of the building, so long as they are located and operated
in compliance with applicable fire and safety regulations and the location is previously
approved in writing by the Lessor. Lessee shall be responsible for all costs associated
with the purchase and operation of the vending machines, including maintenance and all
costs to improve the Common Area in order to provide the related vending services,
including, but not limited to, physical improvements, permits, and licenses. Physical
improvements to the Common Area for this purpose shall be subject to the prior written
approval of Lessor.
11. NON - LIABILITY OF LESSOR.
Except as provided by Illinois statute, Lessor shall not be liable to Lessee for any
damage or injury to him or his property occasioned by the failure of Lessor to keep the
Premises in repair, and shall not be liable for any injury done or occasioned by snow,
wind, excessive heat or cold, broken glass, sprinkling, heating, ventilating or air
conditioning systems, devices or equipment, flooding, or by or from any defect of
plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes,
or from broken stairs, porches, railings or walks, or from the backing up of any sewer
pipe or down - spout, or from the bursting, leaking or running of any tank, tub, washstand,
water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises
or the building of which they are a part nor from the escape of steam or hot water from
any radiator, it being agreed that said radiators are under the control of Lessee, nor for
any such damage or injury occasioned by water, snow or ice being upon or coming
through the roof, skylight, trap -door, stairs, walks or any other place upon or near the
Premises, or otherwise, nor for any such damage or injury done or occasioned by the
iManage:214550_1 6
falling of any fixture, plaster or stucco, nor for any damage or injury arising from any act,
omission or negligence of co- tenants or of other persons, occupants of the same building
or of adjoining or contiguous buildings or of owners of adjacent or contiguous property,
or of Lessor's agents or Lessor himself, all claims for any such damage or injury being
hereby expressly waived by Lessee
12. RESTRICTIONS (SIGNS, ALTERATIONS, FIXTURES).
Lessee shall not attach, affix or exhibit or permit to be attached, affixed or
exhibited, except by Lessor or his agent, any articles of permanent character or any sign,
attached or detached, with any writing or printing thereon, to any window, floor, ceiling,
door or wall in any place in or about the Premises, or upon any of the appurtenances
thereto, without in each case the written consent of Lessor first had and obtained; and
shall not commit or suffer any waste in or about said premises; and shall make no
changes or alterations in the Premises by the erection of partitions or the papering of
walls, or otherwise, without the consent in writing of Lessor; and in case Lessee shall
affix additional locks or bolts on any doors or windows, or shall place in the Premises
lighting fixtures or any fixtures of any kind, without the consent of Lessor first had and
obtained, such locks, bolts and fixtures shall remain for the benefit of Lessor, and without
expense of removal or maintenance to Lessor. Exterior signage will be permissible under
the Village of Mount Prospect Sign Ordinance The exterior signage is the responsibility
of the Lessee and such permitting with not be unreasonably withheld. Lessor shall have
the privilege of retaining the same if Lessor desires. If Lessor does not desire to retain the
same, Lessor may remove and store the same, and Lessee agrees to pay the expense of
removal and storage thereof. The provisions of this paragraph shall not however apply to
Lessee's trade fixtures, equipment and movable furniture. Lessee shall keep the general
customer area free for the general movement and access flow for commuters and
customers as well as keep the immediate area around the Metra sales area clean and
accessible. Items such as sound systems, audio and visual equipment are the
responsibility of Lessee and installed at its expense.
13. HEAT.
Lessor does not warrant that heating service will be free from interruptions caused
by strike, accident or other cause beyond the reasonable control of Lessor, or by renewal
or repair of the heating apparatus in the building. Any such interruption shall not be
deemed an eviction or disturbance of Lessee's use and possession of Premises, nor render
Lessor liable to Lessee in damages. All claims against Lessor for injury or damage
arising from failure to furnish heat are hereby expressly waived by Lessee.
14. FIRE AND CASUALTY.
In case the Premises shall be rendered untenantable by fire, explosion or other
casualty, Lessor may, at its option, terminate this Lease or repair the Premises within one
hundred and eighty (180) days. If Lessor does not repair the Premises within said time, or
i Manage: 214550_1
the building containing the Premises shall have been wholly destroyed, the term hereby
created shall cease and terminate.
15. TERMINATION; HOLDING OVER.
At the termination of the term of this Lease, by lapse of time or otherwise, Lessee
will yield up immediate possession of the Premises to Lessor, in good condition and
repair, loss by fire and ordinary wear excepted, and will return the keys therefor to Lessor
at the place of payment of rent. If Lessee retains possession of the Premises or any part
thereof after the termination of the term by lapse of time or otherwise, then Lessor may at
its option within seven (7) days after termination of the term serve written notice upon
Lessee that such holding over constitutes either (a) renewal of this Lease for one year,
and from year to year thereafter, at double the rental (computed on an annual basis)
specified in Section 3, or (b) creation of a week to week tenancy, upon the terms of this
Lease except at double the monthly rental specified in Section 3, or (c) creation of a
tenancy at sufferance, at a rental of fifty dollars per day, for the time Lessee remains in
possession. If no such written notice is served then a tenancy at sufferance with rental as
stated at (c) shall have been created. Lessee shall also pay to Lessor all damages
sustained by Lessor resulting from retention of possession by Lessee. The provisions of
this paragraph shall not constitute a waiver by Lessor of any right of re -entry as
hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmance
of tenancy operate as a waiver of the right to terminate this Lease for a breach of any of
the covenants herein.
16. PROPERTY TAXES.
16.1 Definition of "Real Property Taxes." For purposes of this Lease, the
phrase "Real Property Taxes" shall include general real estate taxes and assessments
payable with respect to the Property which are imposed by any authority having the
power to tax any legal or equitable interest of Lessor or Lessee in the Property or the
Premises, specifically including any tax on the leasehold interest created under this
Lease; provided, however, that assessments shall be prorated and divided into the
maximum number of installments permitted by law and only the current portion shall be
included in Real Property Taxes for any Lease Year. Notwithstanding the foregoing,
Real Property Taxes shall not include (a) any inheritance, estate, succession, transfer,
gift, franchise, or capital stock tax; (b) any income taxes arising out of or related to
ownership and operation of income - producing real estate; (c) any excise taxes imposed
upon Lessor based upon gross or net rentals or other income received by it; or (d)
assessments liened against the Property prior to the Commencement Date.
16.2 Payment of Real Property Taxes. For each Lease Year, if the Premises
(leasehold interest) are not assessed as a separate tax parcel then Lessee shall pay the
Real Property Taxes. If the Premises are assessed as a separate tax parcel, for each Lease
Year Lessor shall provide Lessee with a copy of the tax statement and Lessee shall pay
the Real Property Taxes for the Premises directly to the taxing authority prior to
delinquency. Lessee shall pay Real Property Taxes only as such taxes become due and
i Manage: 214550_1 8
payable during the Term (as defined in Section 2. 1), prorated for the first and last years of
the Term. Lessee shall not pay more than $3,500 annually in Real Property Taxes for the
Premises.
16.3 Personal Property Taxes. In the event that Real Property Taxes are
assessed against the Premises after the execution of this agreement, the Lessor and Lessee
hereby agree to discuss an adjustment to the Base Rent in Section 3 for the remainder of
the lease Term. If Lessor and Lessee fail to mutually agree upon an adjustment to the
Base Rent within ninety (90) days of the assessment, or such other period as the Lessor
and Lessee may agree, this agreement may be terminated by either party upon proper
notice as provided in Section 24 herein.
16.4 Personal Property Taxes. Lessee shall pay, prior to delinquency, all
personal property taxes assessed against Lessee directly and applicable to its personal
property located in the Premises.
17. INSURANCE; INDEMNITY.
17.1 Lessee's Insurance. During the Term of this Lease, Lessee shall obtain
and keep in full force and effect, the following insurance which may be provided under
blanket insurance policies covering other properties as well as the Premises and shall be
maintained with an insurance carrier having at least an "A" rating as defined in A.M.
Best's Key Rating guide. Upon Lessor's request, Lessee will provide Lessor with a
certificate(s) evidencing such insurance and a receipt indicating up -to -date payment of all
premiums.
17.1.1 Liability Insurance. Personal injury, bodily injury and property damage
insurance (to include without limitation contractual liability insurance covering Lessee's
indemnity obligations under Section 17.4) naming Lessor, as well as Metra, as additional
insureds as their interest may appear from time to time, against liability arising out of
Lessee's use, occupancy, or maintenance of the Premises and Lessee's outdoor seating
area (if any). Such insurance shall include an "each occurrence" limit of not less than
One Million Dollars ($1,000,000.00) and a general aggregate limit of not less than One
Million Dollars ($1,000,000.00). Lessee's insurance shall be primary with respect to any
claim arising out of events that occur in the Premises and the Common Areas in the
Building.
17.1.2 Property Insurance. Commercial property form insurance with a special
form endorsement providing coverage on a replacement cost basis for Lessee's fixtures,
equipment and inventory in the Premises. During the Term, Lessee shall use the
proceeds from any such policy or policies of insurance for the repair or replacement of
the insured property.
17.1.3 Each insurance policy and certificate shall contain a provision indicating
that it cannot be modified, amended, canceled or non - renewed without at least thirty (30)
days advance written notice to the Lessor.
Nanage:214550_1 9
17.2 Lessor's Insurance. During the Term of this Lease, Lessor shall obtain
and keep in full force and effect, the following insurance. The insurance required to be
carried by Lessor under this Section shall be referred to herein as "Lessor's Insurance."
Lessee shall be named as additional insured under Lessor's policies and, upon Lessee's
request, Lessor will provide Lessee with a copy of the certificate and premium bill
evidencing Lessor's insurance.
17.2.1 Liability Insurance. Bodily injury, personal injury and property damage
insurance (to include without limitation contractual liability covering Lessor's indemnity
obligations under Section 17.5) insuring against claims of bodily injury or death, personal
injury or property damage arising out of or in connection with Lessor's activities upon, in
or about the Premises and Building with an each occurrence limit of not less than One
Million Dollars ($1,000,000.00) and a general aggregate limit of not less than One
Million Dollars ($1,000,000.00).
17.2.2 Property Insurance. Special form commercial property insurance
insuring the Building (excluding any property which Lessee is obligated to insure under
Section 17.1.2), for the amount of the full replacement of its value as such value may
exist from time to time.
17.2.3 Lessor's Right to Self Insure. Notwithstanding the foregoing, Lessor shall
have the right, at its sole election, to self insure, or be a member of an intergovernmental
self - insurance pool, with respect to some or all of the required insurance coverage it is to
provide.
17.3 Waiver of Subrogation. Neither Lessor nor Lessee shall be liable to the
other or to any insurance company (by way of Subrogation or otherwise) insuring the
other party for any loss or damage to any building, structure or other tangible property, or
any resulting loss of income and benefits, even though such loss or damage might have
been occasioned by the negligence of such party, its agents or employees if any such loss
or damage is covered by insurance benefitting the party suffering such loss or damage or
was required to be covered by insurance pursuant to this Lease. Lessor and Lessee shall
require their respective insurance companies to include a standard waiver of Subrogation
provision in their respective policies.
17.4 Indemnification by Lessee. Lessee shall defend, protect, indemnify, and
hold Lessor and Lessor's agents, officers, directors, employees and contractors harmless
against and from any and all injuries, costs, expenses, liabilities, losses, damages,
injunctions, suits, actions, fines, penalties, and demands of any kind or nature (including
reasonable attorneys' fees) arising in connection with any and all third party claims
arising directly or indirectly out of (a) injuries occurring within the Premises; (b) any
intentional acts or negligence of Lessee or Lessee's agents, officers, employees, or
contractors; (c) any breach or default in the performance of any obligation on Lessee's
part to be performed under this Lease; or (d) the failure of any representation or warranty
made by Lessee herein to be true when made. This indemnity does not include the
Manage214550_1 10
intentional or negligent acts or omissions of Lessor or its agents, officers, contractors or
employees. This indemnity shall survive termination of this Lease only as to claims
arising out of events that occur prior to termination of this Lease.
17.5 Indemnification by Lessor. Lessor shall defend, protect, indemnify, and
hold Lessee and Lessee's agents, officers, directors, employees and contractors harmless
against and from any and all injuries, costs, expenses, liabilities, losses, damages,
injunctions, suits, actions, fines, penalties, and demands of any kind or nature (including
reasonable attorneys' fees) arising in connection with any and all third party claims
arising out of any intentional acts or negligence of Lessor or Lessor's agents, officers,
employees, or independent contractors. This indemnity does not include the intentional
or negligent acts or omissions of Lessee or its agents, officers, contractors or employees.
This indemnity shall survive termination of this Lease only as to claims arising out of
events that occur prior to termination of this Lease.
18. LESSOR'S REMEDIES.
18.1 If Lessee shall vacate or abandon the Premises or permit the same to
remain vacant or unoccupied for a period of thirty days, or in case of the non - payment of
the rent reserved hereby, or any part thereof, or of the breach of any covenant in this
Lease contained, Lessee's right to the possession of the Premises thereupon shall
terminate with or (to the extent permitted by law) without any notice or demand
whatsoever, and the mere retention of possession thereafter by Lessee shall constitute a
forcible detainer of the Premises; and if the Lessor so elects, but not otherwise, and with
or without notice of such election or any notice or demand whatsoever, this Lease shall
thereupon terminate, and upon the termination or Lessee's right of possession, as
aforesaid, whether this Lease be terminated or not, Lessee agrees to surrender possession
of the Premises immediately, without the receipt of any demand for rent, notice to quit or
demand for possession of the Premises whatsoever, and hereby grants to Lessor full and
free license to enter into and upon the Premises or any part thereof, to take possession
thereof with or (to the extent permitted by law) without process of law, and to expel and
to remove Lessee or any other person who may be occupying the Premises or any part
thereof, and Lessor may use such force in and about expelling and removing Lessee and
other persons as may reasonably be necessary, and Lessor may re- possess himself of the
Premises as of his former estate, but such entry of the Premises shall not constitute a
trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue
thereof, nor a waiver of any covenant, agreement or promise in this Lease contained, to
be performed by Lessee. Lessee hereby waives all notice of any election made by Lessor
hereunder, demand for rent, notice to quit, demand for possession, and any and all notices
and demand whatsoever, of any and every nature, which may or shall be required by any
statute of this state relating to forcible entry and detainer, or to landlord and tenant, or any
other statute, or by the common law, during the term of this Lease or any extension
thereof. The acceptance of rent, whether in a single instance or repeatedly, after it falls
due, or after knowledge of any breach hereof by Lessee, or the giving or making of any
notice or demand, whether according to any statutory provision or not, or any act or
series of acts except an express written waiver, shall not be construed as a waiver of
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Lessor's rights to act without notice or demand or of any other right hereby given Lessor,
or as an election not to proceed under the provisions of this Lease.
18.2 Lessee's Defaults. The occurrence of any one or more of the following
events shall constitute a default and breach of this Lease by Lessee:
(a) Except as otherwise provided in this Lease, the failure by Lessee to
make any payment of Base Rent or any other payment required to be made by Lessee
hereunder, as and when due, where such failure shall continue for a period of seven (7)
business days after Lessor notifies Lessee in writing of such failure;
(b) The failure by Lessee to observe or perform any of the covenants,
conditions, or provisions of this Lease to be observed or performed by Lessee, other than
the payment of sums due hereunder, where such failure shall continue for a period of ten
(10) days after written notice thereof from Landlord to Tenant; provided, however, that if
the nature of Lessee's default is such that more than ten (10) days are reasonably required
for its cure, then Lessee shall not be deemed to be in default if Lessee commences such
cure within such ten (10) day period and thereafter diligently pursues such cure to
completion;
(c) If Lessee shall make an assignment for the benefit of creditors or
file a petition in any court and bankruptcy, reorganization, composition or make an
application in any such proceeding for the appointment of a trustee or receiver for all or
any portion of its property;
(d) If any petition shall be filed against Lessee in any bankruptcy,
reorganization or insolvency proceedings, and such proceedings are not dismissed or
vacated within one hundred twenty (120) days after such petition is filed; or
(e) If a receiver or trustee shall be appointed under state law for
Lessee for all or any portion of the property of Lessee, and such receivership or
trusteeship shall not be set aside within ninety (90) days after such appointment.
18.3 Remedies in Default. In the event of any such uncured default, Lessor
may pursue the following remedies in addition to any other remedies available at law or
in equity:
(a) Lessor may terminate Lessee's right to possession of the Premises
by any lawful means, in which case this Lease shall terminate and Lessee shall surrender
possession of the Premises to Lessor within ten (10) days after written notice from Lessor
to Lessee In such event, Lessor shall be entitled to recover from Lessee all damages
incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of
recovering possession of the Premises, expenses of reletting, including necessary
renovation and alteration of the Premises. Any damage or loss of rent sustained by
Lessor may be recovered by Lessor, at Lessor's option, at the time of the reletting, or in
separate actions, from time to time, as such damages shall have been made easily
i Manage: 214550_1 12
ascertainable by successive relettings, or at Lessors' option in a single proceeding
deferred until the expiration of the term of this Lease (in which event Lessee hereby
agrees that the cause of action shall not be deemed to have accrued until the date of
expiration of such term) or in a single proceeding prior to either the time of reletting or
the expiration of the term of this Lease.
(b) Lessor may maintain Lessee's right to possession, in which case
this Lease shall continue in effect whether or not Lessee shall have abandoned the
Premises. In such event, Lessor shall be entitled to enforce all of Lessor's rights and
remedies under this Lease.
(c) Nothing contained herein shall prevent the enforcement of any
claim Lessor may have against Lessee for anticipatory breach of the unexpired term of
this Lease. In the event of a breach or anticipatory breach by Tenant of any of the
covenants or provisions hereof, Lessor shall have the right of injunction and the right to
invoke any remedy allowed by law or in equity as if reentry, summary proceedings and
other remedies were not provided for herein. Lessee hereby expressly waives any and all
rights of redemption granted by or under any present or future laws in the event of Lessee
being evicted or dispossessed pursuant to the terms hereof, or in the event of Lessor
obtaining possession of the Premises by reason of Lessee's default of any of the
covenants and conditions of this Lease, as set forth herein.
18.4 Cumulative Remedies. Except where otherwise expressly provided
in this Lease, no remedy or election hereunder shall be deemed exclusive, but shall,
wherever possible, be cumulative with all other remedies at law or in equity and all those
specifically provided herein.
19. RIGHT TO RELET.
If Lessee's right to the possession of the Premises shall be terminated in any way,
the Premises, or any part thereof, may, but need not (except as provided by Illinois
statute), be RELET by Lessor, for the account and benefit of Lessee, for such rent and
upon such terms and to such person or persons and for such period or periods as may
seem fit to the Lessor, but Lessor shall not be required to accept or receive any tenant
offered by Lessee, nor to do any act whatsoever or exercise any diligence whatsoever, in
or about the procuring of any care or diligence by Lessor in the reletting thereof; and if a
sufficient sum shall not be received from such reletting to satisfy the rent hereby
reserved, after paying the expenses of reletting and collection, including commissions to
agents, and including also expenses of redecorating. Lessee agrees to pay and satisfy all
deficiency; but the acceptance of a tenant by Lessor, in place of Lessee, shall not operate
as a cancellation hereof, nor to release Lessee from the performance of any covenant,
promise or agreement herein contained, and performance by any substituted tenant by the
payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the
obligations of Lessee arising hereunder.
i Manage: 214550_1 1
20. COSTS AND FEES.
Upon demand of the non - defaulting party, the defaulting party shall pay all
reasonable costs, charges and expenses, including reasonable fees of attorneys, agents
and others retained by the non - defaulting party, incurred in enforcing any of the
obligations under this Lease or in any litigation, negotiation or transaction in which the
non - defaulting party shall become involved through or on account of this Lease.
21. LESSOR'S LIEN.
Lessor shall have a first lien upon the interest of Lessee under this Lease, to
secure the payment of all moneys due under this Lease, which lien may be foreclosed in
equity at any time when money is overdue under this Lease; and the Lessor shall be
entitled to name a receiver of said leasehold interest, to be appointed in any such
foreclosure proceeding, who shall take possession of said premises and who may relet the
same under the orders of the court appointing him.
22. REMOVAL OF OTHER LIENS.
In event any lien upon Lessor's title results from any act or neglect of Lessee, and
Lessee fails to remove said lien within ten days after Lessor's notice to do so, Lessor may
remove the lien by paying the full amount thereof or otherwise and without any
investigation or contest of the validity thereof, and Lessee shall pay Lessor upon request
the amount paid out by Lessor in such behalf, including Lessor's costs, expenses and
counsel tees.
23. REMEDIES NOT EXCLUSIVE.
The obligation of Lessee to pay the rent reserved hereby during the balance of the
term hereof, or during any extension hereof, shall not be deemed to be waived, released
or terminated by the service of any five -day notice, other notice to collect, demand for
possession, or notice that the tenancy hereby created will be terminated on the date
therein named, the institution of any action of forcible detainer or ejectment or any
judgment for possession that may be rendered in such action, or any other act or acts
resulting in the termination of Lessee's right to possession of the Premises. The Lessor
may collect and receive any rent due from Lessee, and payment or receipt thereof shall
not waive or affect any such notice, demand, suit or judgment, or in any manner
whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor
may have by virtue hereof.
24. NOTICES.
Whenever a provision is made under this Lease or by law for any demand, notice
or declaration of any kind, or where it is deemed desirable or necessary by either party to
give or serve any such notice, demand or declaration to the other party, it shall be in
writing and served either personally or sent by United States mail, certified, postage
i Manage: 214550_1 14
prepaid, or by pre -paid nationally recognized overnight courier service, addressed at the
addresses set forth below or at such address as either party may advise the other from
time to time.
To the Lessee at: TUE Services, LLC
C/O Charles Bliss
1700 St. Johns Avenue
Highland Park, IL 60035
To the Lessor at: Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
with a copy to: Klein, Thorpe and Jenkins, Ltd.
20 North Wacker Drive, Suite 1660
Chicago, Illinois 60606
(312) 984 -6400 (Telephone)
(312) 984 -6444 (Fax)
25. GENERAL PROVISIONS.
25.1 Provisions typed on this Lease and all riders attached to this Lease and
signed by Lessor and Lessee are hereby made a part of this Lease.
25.2 Lessee shall keep and observe such reasonable rules and regulations now
or hereafter required by Lessor, which may be necessary for the proper and orderly care
of the building of which the Premises are a part.
25.3 All covenants, promises, representations and agreements herein contained
shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their
respective heirs, legal representatives, successors and assigns.
25.4 The rights and remedies hereby created are cumulative and the use of one
remedy shall not be taken to exclude or waive the right to the use of another.
25.5 The words "Lessor" and "Lessee" wherever used in this Lease shall be
construed to mean Lessors or Lessees in all cases where there is more than one Lessor or
Lessee, and to apply to individuals, male or female, or to firms or corporations, as the
same may be described as Lessor or Lessee herein, and the necessary grammatical
changes shall be assumed in each case as though fully expressed. If there is more than
one Lessee the warrant of attorney in paragraph 16 is given jointly and severally and shall
authorize the entry of appearance of, and waiver of issuance of process and trial by jury
by, and confession of judgment against any one or more of such Lessees, and shall
i Manage: 214550_1 15
authorize the performance of every other act in the name of and on behalf of any one or
more of such Lessees.
25.6 Estoppel Certificate. Lessee shall, no more than twice in any Lease Year
and upon not less than thirty (30) days prior written notice from Lessor, execute,
acknowledge and deliver to any prospective purchaser or mortgagee, or to Lessor on such
party's behalf a statement in writing, (a) certifying that this Lease is unmodified and in
full force and effect (or, if modified, stating the nature of such modification and
certifying that this Lease, as so modified, is in full force and effect); (b) stating the date to
which the Base Rent and other charges are paid and the amount of any security deposit
held by Lessor, if any; and (c) acknowledging that there are not, to the actual knowledge
of the person executing such certificate, any uncured defaults on the part of Lessor
hereunder, or specifying such defaults, if any, which are claimed. Any such statement
may be conclusively relied upon by any prospective purchaser or encumbrancer of the
Premises.
25.7 Authority. Each of the Lessor and Lessee hereby represents and
warrants that this Lease has been duly authorized, executed and delivered by and on its
behalf and constitutes such party's valid and binding agreement in accordance with the
terms hereof.
25.8 Time of Essence. Time is of the essence to the parties executing this
Lease.
25.9 Interpretation. Paragraph and Section headings are not a part hereof and
shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in
accordance with the fair meaning of its words and both parties certify they either have
been or have had the opportunity to be represented by their own counsel and that they are
familiar with the provisions of this Lease, which provisions have been fully negotiated,
and agree that the provisions hereof are not to be construed either for or against either
party as the drafting party.
25.10 Incorporation of Prior Agreements; Amendments. This Lease contains
all agreements of the parties as of the date hereof with respect to any matter mentioned
herein. No prior agreement, correspondence or understanding pertaining to any such
matter shall be effective to interpret or modify the terms hereof. This Lease may be
modified only in writing, signed by the parties in interest, at the time of the modification.
Lessor specifically acknowledges that Lessee's employees at the Premises do not have
authority to modify the Lease or to waive Lessee's rights hereunder.
25.11 Waivers. No waiver by Lessor or Lessee of any provision hereof
shall be deemed a waiver of any other provision hereof or of any subsequent breach by
Lessee or Lessor of the same or any other provision. A party's consent to or approval of
any act shall not be deemed to render unnecessary obtaining such party's consent to or
approval of any subsequent act. No waiver shall be effective unless it is in writing,
i Manage: 21 4550_1 16
executed on behalf of Lessor or Lessee by the person to whom notices are to be
addressed.
25.12 Lessor's Access. Lessor and Lessor's agents shall have the right to
enter the Premises upon twenty -four (24) hours prior written notice for the purpose of
inspecting the same, showing the same to prospective purchasers or lenders, and making
such alterations, repairs, improvements or additions to the Premises or to the Building as
Lessor deems necessary or desirable. Notwithstanding the foregoing, in the event of an
emergency requiring Lessor's entry into the Premises, Lessor may give Lessee shorter
notice in any manner that is practicable under the circumstances. Lessor may, at any
time, place on or about the Premises an ordinary "For Sale" sign, and Landlord may at
any time during the last ninety (90) days of the Term, place on or about the Premises an
ordinary "For Lease" sign.
25.13 Only Lessor /Lessee Relationship. Nothing contained in this Lease shall
be deemed or construed by the parties hereto or by any third party to create the
relationship of principal and agent, partnership, joint venturer or any association between
Lessor and Lessee. Lessor and Lessee expressly agree that neither the method of
computation of rent nor any act of the parties hereto shall be deemed to create any
relationship between Lessor and Lessee other than the relationship of Lessor and Lessee.
25.14 Brokers. Lessor and Lessee each represent to the other that they have
not dealt, directly or indirectly, in connection with the leasing of the Premises, with any
other broker or person entitled to claim a commission or leasing fees. In no event may
this Lease be construed to create any express or implied obligation on the part of Tenant
to perform this Lease on behalf of any broker (or any person claiming a commission or
leasing fee) as primary obligee or as a third parry beneficiary. Lessor and Lessee each
shall indemnify and hold each other harmless from any loss, liability, damage, or expense
(including without limitation reasonable attorneys' fees) arising from any claim for a
commission or leasing fee arising out this transaction made by any unidentified broker or
other person with whom such party has dealt.
26. SEVERABILITY.
If any clause, phrase, provision or portion of this Lease or the application thereof
to any person or circumstance shall be invalid, or unenforceable under applicable law,
such event shall not affect, impair or render invalid or unenforceable the remainder of
this Lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the
application of any clause, phrase, provision or portion hereof to other persons or
circumstances.
i Manage: 214550_1 17
above.
WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated
LESSEE:
(SEAL)
ATTEST:
(SEAL)
State of Illinois, County of
SS.
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that
personally known to me to be the same person whose name
subscribed to the foregoing instrument, appeared before me this day in person, and
acknowledged that _he signed, sealed and delivered the said instrument as
free and voluntary act, for the uses and purposes therein set forth, including the release
and waiver of right of homestead.
20
GIVEN under my hand and official seal this day of
Commission expires
Notary Public
Please print or type names
below signature(s).
LESSOR:
(SEAL)
ATTEST:
(SEAL)
Its Clerk
FAA
i Manage: 214550_1 18
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Village of Mount Prospect m outA P `°%x
Community_ Development Department
MEMORANDUM
TO:
FROM:
DATE:
MICHAEL E. JANONIS, VILLAGE MANAGER
DIRECTOR OF COMMUNITY DEVELOPMENT
MAY 25, 2012
SUBJECT: PZ -08- 1212016 S. ELMHURST RD. 1 CU: AMENDMENT TO PUD TO ALLOW
TRUCK REPAIR AND RENTAL 1 PAYLESS EXPRESS OIL CHANGE
The Petitioner owns and operates an oil change business at the Subject Property. Upon responding to
a complaint, Village Staff found the Petitioner was repairing and renting trucks as well. The Petitioner's
existing oil change business is permitted as part of the Subject Property's Planned Unit Development
(Ord. #3401). However, the truck repair and rental requires an amendment to the PUD. The Petitioner
is seeking an amendment to the PUD to continue repairing and renting trucks at the Subject Property.
The Subject Property is currently non - conforming with the required parking. The Zoning Ordinance
does not have a parking requirement for a truck rental land use, but does have parking requirements for
auto service and car wash land uses. Based on the existing businesses, the auto mall requires one
hundred and ninety seven (197) parking spaces. The Plat of Survey indicates. the Subject Property is
currently under parked with one hundred forty six (146) parking spaces.
The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday,
May 24, 2012, and by a vote of 5 -0, recommended approval of the following motions:
A. A Conditional Use to amend PUD Ordinance 3401 to allow truck repair; and
B. A Conditional Use to amend PUD Ordinance 3401 to allow truck rental for the property located
at 2016 S. Elmhurst Road, Case Number PZ- 08 -12, subject to the following conditions:
1. Truck repairs shall be restricted to boxtstraight truck styles and be limited to a size that
can park within a standard nine (9) foot wide by eighteen (18) foot deep parking stall
without blocking or extending into an adjacent drive aisle.
2. No more than five (5) trucks shall be rented and stored on the property.
3. The rental trucks shall be stored behind the building (along the north property line).
4. The rental truck size shall be limited to a size that can park within a standard nine (9)
foot wide by eighteen (18) foot deep parking stall without blocking or extending into an
adjacent drive aisle.
5. The rental trucks shall not be stored for more than seven (7) business days.
Details of the proceedings and items discussed during the Planning and Zoning Commission hearing
are included in the attached minutes. Please forward this memorandum and attachments to the Village
Board for their review and consideration at their June 5, 2012 meeting. Staff will be present to answer
any questions related to this matter.
William J. dooney, Jr.; 41CP
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -08 -12
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
PIN NUMBER:
REQUEST:
MEMBERS PRESENT:
MEMBER ABSENT:
STAFF MEMBERS PRESENT:
INTERESTED PARTY:
Hearing Date: May 24, 2012
2016 S. Elmhurst Road
Payless Express Oil Change Inc. — Jay Woloshyn
May 9, 2012
08- 23- 401 - 035 -0000
Amend Planned Unit Development to allow Truck Repair and Rental
Richard Rogers, Chair
William Beattie
Keith Youngquist
Leo Floros
Jacqueline Hinaber, Alternate
Joseph Donnelly
Consuelo Andrade, Senior Planner
Brian Simmons, Deputy Director of Community Development
Jay Woloshyn
Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Beattie made a motion, seconded by Mr.
Youngquist to approve the minutes of the April 26, 2012 Planning & Zoning Commission meeting; the minutes
were approved 5 -0. After hearing two (2) previous cases, Chairman Rogers introduced Case PZ- 08 -12, 2016 S.
Elmhurst Road at 8:21 p.m.
Ms. Andrade said the Petitioner for PZ -08 -12 was requesting an amendment to the Planned Unit Development
(PUD) to allow truck repair and rental at 2016 S. Elmhurst Road.
Ms. Andrade stated the Subject Property is located at the west side of Elmhurst Road and consists of five (5)
commercial buildings with related improvements. The Village Board approved a Planned Unit Development
(Ordinance #3401) for the Subject Property in 1984 that allowed the construction of the existing PUD which
provides some type of automotive maintenance services; including a self -serve car wash facility. The Subject
Property is zoned B4 Corridor Commercial PUD and is bordered by the Il Limited Industrial to the north and
west, the B3 Community Shopping District to the south, and residential in Des Plaines to the east.
Ms. Andrade said the Petitioner owns and operates an oil change business at the Subject Property. Upon
responding to a complaint, Village Staff found the Petitioner was repairing and renting trucks as well. The
Petitioner's existing oil change business is permitted as part of the Subject Property's PUD. However, the truck
repair and rental requires an amendment to the PUD, which requires Conditional Use approval. The Petitioner is
seeking an amendment to the PUD to continue repairing and renting trucks at the Subject Property.
Ms. Andrade stated the Petitioner's plans indicated two (2) U -Haul trucks would be parked on site. Based on
recent site visits, Village Staff found four (4) trucks, three (3) utility trailers, and one (1) recreational vehicle on
site.
Richard Rogers, Chair PZ -08 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 1 of 4
Ms. Andrade referenced the parking table from the Staff report. Ms. Andrade said the table summarized the
parking requirements for existing business and the number of off - street spaces provided at the Subject Property.
The Zoning Ordinance does not have a parking requirement for a truck rental land use, but does have parking
requirements for auto service and car wash land uses. Based on the existing businesses, the auto mall requires
197 parking spaces. The Plat of Survey indicated the Subject Property is currently under parked with 146
parking spaces, fifty -one (5 1) spaces short from the required parking.
Ms. Andrade stated based on recent site inspections performed by Village Staff, it appeared there was a parking
problem during business hours at the Subject Property. Staff found vehicles parking in unmarked parking spaces,
double parking, and in some cases parking in the drive aisles. The parking problem appeared to alleviate after
business hours.
Ms. Andrade said the standards for Conditional Uses are listed in the Zoning Ordinance and include specific
findings that must be made in order to approve a Conditional Use. The following is a summary of these findings:
• The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or
general welfare;
• The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
• And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on
Village streets are provided.
Ms. Andrade stated Staff found the request to amend the PUD to allow truck rental did not meet the standards for
a Conditional Use because it would have a detrimental impact on the Subject Property. The Subject Property is
currently non - conforming with the required parking. Even though the number of required parking for the
Petitioner's business (Payless Express Oil Change) does not increase with the truck rental, the trucks would be
taking up parking spaces intended to serve existing business operations on the property. Per the Petitioner's
application, U -Haul trucks have been rented since 2005, but the truck rental was conducted without Staff s
knowledge. The necessary business license was not obtained from the Village.
Ms. Andrade said the Petitioner's request to amend the PUD to allow truck repair would have minimal impact on
the Subject Property. The number of bays would remain the same and the parking demand would not increase.
The Subject Property is located within a commercial corridor and the truck repair Iand use is compatible with the
existing uses along Elmhurst Road and within the Subject Property. However, vehicle storage on the property is
limited to the size of a standard parking stall nine (9) feet by eighteen (18) feet. This limits the ability of the
Petitioner to service trucks which are larger. Staff was supportive of the truck repair use provided that any
vehicles which are repaired can be stored within a standard parking stall.
Ms. Andrade stated Staff found that the request to amend the PUD to allow truck repair met the standards for a
Conditional Use and recommended that the Planning & Zoning Commission approve the motion listed in the Staff
report.
Ms. Andrade said Staff found the request to amend the PUD to allow truck rental failed to meet the standards for
a Conditional Use as listed in the Zoning Ordinance. Staff recommended that the Planning & Zoning
Commission deny the motion listed in the Staff Report.
Ms. Andrade stated if the Planning & Zoning Commission recommended approval of the request to allow truck
rentals, Staff suggested additional conditions as noted in the Staff Report.
Mr. Youngquist asked how the parking conditions became so bad at the Subject Property. Ms. Andrade said
when the PUD was approved in 1984, the parking requirements were based on the square footage of the buildings,
Richard Rogers, Chair PZ -08 -12
PIanning & Zoning Commission Meeting May 24, 2012 Page 2 of 4
not on the number of bays or employees as the current Code requires. The Code has been amended over the years
making the Subject Property non - conforming.
Chairman Rogers swore in the Petitioner, Jay Woloshyn, owner of Payless Express Oil Change, 2016 S. Elmhurst
Road, Mount Prospect, Illinois. Mr. Woloshyn stated his business has been in operation for over twenty -three (23)
years. He explained that the U -Haul truck repair and rental is not his main business; it is approximately ten (10)
percent of the business.
Mr. Woloshyn said the U -Haul business has been at the Subject Property since 2005. It was previously operated
for two (2) years by a former auto mall business. The U -Haul business was then transferred to Payless in 2007
since they were able to perform routine maintenance on the U -Haul trucks. Mr. Woloshyn was unaware that
Conditional Use approval was needed for the truck repair and rental side of this business.
Mr. Woloshyn explained the U -Haul portion of the business. The trucks are dropped off at his business where
they perform routine maintenance. Then the trucks would stay on the Subject Property until they are rented out.
Mr. Woloshyn said the only parking spaces that the U -Haul trucks occupy are those spaces indicated within his
lease. He referenced "Exhibit B" from this lease which showed the sixteen (16) spaces leased at the Subject
Property.
Mr. Woloshyn stated that the Village Code requires eleven (11) spaces. He explained how the reduced number of
spaces could still be utilized with his existing business. Mr. Woloshyn said approximately two (2) to three (3)
trucks are parked in his spaces; with the potential for a maximum of five (5) trucks as recommended by Village
Staff' if the Conditional Use was approved. He stated that he would still have six (6) parking spaces available for
the oil change portion of his business. Payless can accommodate up to seven (7) cars in the bays with each
service lasting between ten (10) and thirty (30) minutes. He said the dedicated spaces on the Subject Property are
rarely used for the oil change portion of the business. Mr. Woloshyn stated the same spaces used for the repairs
would be utilized for the rentals.
Mr. Woloshyn said there have been no issues with access or egress while operating the U -Haul portion of the
business. He stated all trucks are parked within the marked spaces and not blocking any lines.
Mr. Woloshyn stated he was in agreement with the conditions placed by Staff if the Planning & Zoning
Commission recommended approval. He proposed an additional condition by limiting the amount of days a U-
Haul truck could remain on the Subject Property.
Mr. Beattie clarified with the Petitioner that the Conditional Use permit for the truck repair is exclusively for the
U -Haul trucks. The Petitioner was not looking to expand his business beyond the U -Haul truck repair and rental.
Chairman Rogers clarified that the U -Haul trucks are maintained by the Petitioner, but are also rented out at the
Subject Property.
Mr. Beattie confirmed with the Petitioner that he would not service or repair beyond the five (5) trucks that are
stored on the Subject Property at any given time. The Petitioner would not repair the entire fleet of U -Haul
trucks, just the select few that are rented and returned to his facility.
Mr. Youngquist clarified the condition that the Petitioner requested to be placed was that the any U -Haul truck
would not be on his property beyond seven (7) business days. The truck would have to either be rented or moved
to another location by U -Haul.
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:38 p.m. and brought the discussion back to the board.
Richard Rogers, Chair PZ -08 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 3 of 4
Mr. Youngquist made a motion, seconded by Mr. Beattie to approve a Conditional Use to amend PUD Ordinance
3401 to allow truck repair for the property located at 2016 S. Elmhurst Road, Case Number PZ- 08 -12, subject to
the following condition:
Truck repairs shall be restricted to box/straight truck styles and be limited to a size that can park
within a standard nine (9) foot wide by eighteen (18) foot deep parking stall without blocking or
extending into an adjacent drive aisle.
UPON ROLL CALL: AYES: Beattie, Floros, Hinaber, Youngquist, Rogers
NAYS: None
The motion was approved 5 -0.
Mr. Floros made a motion, seconded by Mr. Beattie to approve a Conditional Use to amend PUD Ordinance 3401
to allow truck rental for the property Iocated at 2016 S. Elmhurst Road, Case Number PZ- 08 -12, subject to the
following conditions:
1. No more than five (5) trucks shall be rented and stored on the property.
2. The rental trucks shall be stored behind the building (along the north property line).
3. Truck size shall be limited to a size that can park within a standard nine (9) foot wide by eighteen
(18) foot deep parking stall without blocking or extending into an adjacent drive aisle.
4. The rental trucks shall not be stored more than seven (7) business days.
UPON ROLL CALL: AYES: Beattie, Floros, Hinaber, Youngquist, Rogers
NAYS: None
The motion was approved 5 -0. The Village Board's decision is final for this case.
There were no citizens in the audience to be heard. There was general discussion regarding the upcoming Mount
Prospect Community Workshop on June 12, 2012. All members of the Planning & Zoning Commission and
general public were invited to attend.
Mr. Youngquist made a motion, seconded by Ms. Hinaber to adjourn at 8:45 p.m. The motion was approved by a
voice vote and the meeting was adjourned.
,O��
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ -08 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 4 of 4
0
Village of Mount Prospect
Community Development Department
CASE SUMMARY — PZ- 08 -12
LOCATION:
2016 S. Elmhurst Road
PETITIONER:
Payless Express Oil Change Inc.- Jay Woloshyn
OWNER:
John Kamysz
PARCEL #s:
08 -23- 401 - 035 -0000
LOT SIZE:
3.72 acres (161,948.34 square feet)
ZONING:
B4 PUD
LAND USE:
Automobile Repair and Service, Car Wash
REQUEST:
Amend Planned Unit Development to allow Truck Repair and Rental
LOCATION MAP
SEC rwrs
--
Village of Mount Prospect
Community Development Department
MEMORANDUM
FROM:
DATE:
HEARING DATE:
SUBJECT:
BACKGROUND
MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
CONSUELO ANDRADE, SENIOR PLANNER
MAY 15, 2012
MAY 24, 2012
Mount Prospect
PZ -08 -12 / AMENDMENT TO PUD (TRUCK REPAIR AND RENTAL) / 2016 S.
ELMHURST/ PAYLESS EXPRESS OIL CHANGE INC.
A public hearing has been scheduled for the May 24, 2012 Planning & Zoning Commission meeting to review the
application by Jay Woloshyn (the "Petitioner ") regarding the property Iocated at 2016 S. Elmhurst Road (the
"Subject Property"). The Petitioner is seeking an amendment to the Planned Unit Development (PUD) to allow
truck repair and rental. The P &Z hearing was properly noticed in the May 9, 2012 edition of the Journal Topics
Newspaper. In addition, Staff has provided written notice to property owners within 250 -feet and posted a Public
Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The Subject Property is located at the west side of Elmhurst Road and consists of a five (5) commercial buildings
with related improvements. The Village Board approved a Planned Unit Development (Ord. 43401) for the
Subject Property in 1984 that allowed the construction of the existing commercial buildings, all of which provide
some type of automotive maintenance facility, including a self-serve car wash facility. The Subject Property is
zoned B4* Corridor Commercial PUD and is bordered by the I1 Limited Industrial to the north and west, the B3
Community Shopping District to the south, and residential in Des Plaines to the cast.
SUMMARY OF PROPOSAL
The Petitioner owns and operates an oil change business at the Subject Property. Upon responding to a
complaint, Village Staff found the Petitioner was repairing and renting trucks as well. The Petitioner's existing oil
change business is permitted as part of the Subject Property's Planned Unit Development. However, the truck
repair and rental requires an amendment to the PUD, which requires Conditional Use approval. The Petitioner is
seeking an amendment to the PUD to continue repairing and renting trucks at the Subject Property.
The Petitioner's plan indicates two (2) U -Haul trucks would be parked on site. Staff conducted a site inspection
as part of the zoning review and found four (4) trucks, three (3) utility trailers, and one (1) recreational vehicle on
site.
Parking Requirements
Sec. 14.2224 of the Zoning Code lists the minimum number of parking spaces required based on land use. The
Zoning Ordinance does not have a parking requirement for a truck rental land use, but does have parking
PZ -08 -12
Planning & Zoning Commission meeting May 24, 2012
Page 3
requirements for auto service and car wash land uses. Based on the existing businesses, the auto mall requires one
hundred and ninety seven (197) parking spaces. The Plat of Survey indicates the Subject Property is currently
under parked with one hundred forty six (146) parking spaces, fifty one (51) spaces short from the required
parking. The table below summarizes the parking requirements for existing business and the number of off-street
spaces provided at the Subject Property.
Name of Business
Quick
Service or
# of
# of
Service
Parking Requirement
Required
q
Drop Off
Employees
Bays
Parking
Amercicas Best
Self -serve car
Car Wash
wash
1
9
1 space per bay + 2 stacking spaces per bay
9
Quick
Auto Detail
Service
3
2
1 space per bay + 2 stacking spaces per ba
2
Payless Express
Quick
1 space per employee + 2 spaces per service
Oil Change
Service
3
4
ba
I I
1 space per employee + 5 spaces per service
Best Automotive
Dro off
2
4
ba
22
I space per employee + 5 spaces per service
Latinos Auto
Drop off
2
2
ba
12
1 space per employee + 5 spaces per service
J and J Auto
Dro off
3
4
ba
23
1 space per employee 5 spaces per service
Georges Auto
Drop off
2
2
.+
ba
12
I space per employee + 5 spaces per service
All About Auto
Drop off
3
6
bay
33
1 space per employee + 5 spaces per service
Auto Techs
Dro2 off
2
3
ba
17
1 space per employee + 5 spaces per service
JC Auto
Drop off
2
3
ba
17
1 space per employee + 5 spaces per service
Car Z
Dro off
2
4
ba
22
I space per employee + 5 spaces per service
Meineke Auto
Drop off
2
3
ba
17
Total Parking Required
197
Parking Spaces Provided on Subject Property
146
The parking requirement for the auto mall was one (1) space per three hundred (300) square feet of gross floor
area back in 1984 when the PUD was approved. At that time, one hundred and fourteen (114) parking spaces
were required for the PUD. The parking requirement was subsequently revised, making the Subject Property non -
conforming with the current parking requirements. The parking requirement for auto service stations was revised
to five (5) spaces per service bay in 1988 (Ord. 3913) and amended to the current parking requirement in 1993
(Ord. 4590).
Based on recent site inspections performed by Village Staff, it appears there is a parking problem during business
hours at the Subject Property. Staff found vehicles parking in unmarked parking spaces, double parking, and in
some cases parking in drive aisles. The parking problem appears to alleviate after business hours.
CONDITIONAL USE STANDARDS
The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary
of these findings:
PZ -08 -12
Planning & Zoning Commission meeting May 24, 2012
Page 4
• The Conditional Use will not have a detrimental impact on the public health_, safety, morals, comfort or
general welfare;
• The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
• There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion
on Village streets; and
+ The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan,
Zoning Code, and other Village Ordinances.
Staff finds the request to amend the PUD to allow truck rental does not meet the standards for a Conditional Use
because it will have a detrimental impact on the Subject Property. The Subject Property is currently non-
conforming with the required parking. Even though the number of required parking for the Petitioner's business
(Payless Express Oil Change) does not increase with the truck rental, the trucks would be taking up parking
spaces intended to serve existing business operations on the property. Per the Petitioner's application, U -Haul
trucks have been rented since 2005, but the truck rental was conducted without Staff's knowledge. The necessary
business license was not obtained from the Village.
On the other hand, the Petitioner's request to amend the PUD to allow truck repair would have minimal impact on
the Subject Property. The number of bays would remain the same and the parking demand does not increase.
The Subject Property is located within a commercial corridor and the truck repair land use is compatible with the
existing uses along Elmhurst Road and within the Subject Property. However, vehicle. storage on the property is
limited to the size of a standard parking stall (9 ft x 18 ft). This limits the ability of the petitioner to service trucks
which are larger. Staff is supportive of the truck repair use provided that any vehicles which are repaired can be
stored within a standard parking stall.
RECOMMENDATION
Staff finds that the request to amend the PUD to allow truck repair meets the standards for a Conditional Use and
recommends that the P &Z approve the following motion:
"To approve a Conditional Use to amend PUD Ordinance 3401 to allow truck repair for the property
located at 2016 S. Elmhurst Road, Case Number PZ- 08 -12, subject to the following condition:
1. Truck repairs shall be restricted to box/straight truck styles and be limited to a size that can park
within a standard nine (9) foot wide by eighteen (18) foot deep parking stall without blocking or
extending into an adjacent drive aisle."
The request to amend the PUD to allow truck rental fails to meet the standards for a Conditional Use as listed in
the Zoning Ordinance. Therefore, Staff recommends that the Planning and Zoning Commission deny the
following motion:
"To approve a Conditional Use to amend PUD Ordinance 3401 to allow truck rental for the property
located at 2016 S. Elmhurst Road, Case Number PZ- 08 -12."
In the event that the Planning and Zoning commission recommends approval of the request to allow truck rentals,
staff recommends that it shall be subject to the following conditions:
1. No more than five (5) trucks shall be rented and stored on the property.
2. The rental trucks shall be stored behind the building (along the north property line).
PZ -08 -12
Planning & Zoning Commission meeting May 24, 2012
Page 5
3. Truck size shall be limited to a size that can park within a standard nine (9) foot wide by eighteen
G 8) foot deep parking stall without blocking or extending into an adjacent drive aisle.
The Village Board's decision is final for this case.
I concur:
Wi.l. " -
William J. tooney, PP,
Director of Communi Development
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VILLAGE OF MOUNT PROSPECT fo[mtProspect
COMNIUNITY DEVELOPMENT DEPARTMENT —. Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 6006
Prone 847.818 "5328
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Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other
materials have been satisfactorily submitted to the community Development Department`s. Planning Division. Incomplete submittals
will not be accepted. It is strongly suggested that the petitioner schedule an a appropriate Village staff so that
ointment with the a
materials can be reviewed for accuracy and completeness at the time of subm ittai,
In consideration of the in contained in this petition as well as all Supporting
given to this request. The applicant is the owner or authorized representative pp documentation, it is re i
y of the owner of she Property. 4 ested at approval be
owner of the property grant employees of the Village of Mount Prospect and their agent's perrnissi the
reasonable hours for visual inspection of the subject property. or, to enter on Th e
Property a dar ng
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I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and
accurate to the best of my know) doe.
Applicant `� i
i
(signatuf,e) Date_ " 40 1 Z
Print Name
If applicant is not property owner:
1 hereby designate the applicant to act as my agent for the purpose of seeking the zo
the associated sup orting material. ning request(s) described in this application and
Property Own r
ture Da e
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Print Name J U V � `l
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Cllinois Phone 8
www.mountprospect.org 4 Fax 847.8 18.5329
TDD 847.392.6064
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THAT CONDITIONAL USE FOUND IN
ORDINANCE NO. 3401 FOR THE ELMHURST ROAD PLAZA PLANNED UNIT DEVELOPMENT (PUD)
TO ALLOW FOR TRUCK REPAIR AND TRUCK RENTAL FOR PROPERTY LOCATED
AT 2016 SOUTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS
WHEREAS, Payless Express Oil Change Inc. ( "Petitioner "), has filed a petition to amend the Planned Unit
Development (PUD) being the subject of Ordinance No. 3401, passed and approved on March 6, 1984,
with respect to property located at 2016 South Elmhurst Road ( "Property ") and legally described as:
Lot 1 in Elmhurst Road Plaza, a Subdivision of the East 20 acres of the Northeast quarter of the
Southeast quarter of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian,
(except the North 760.96 feet thereof as measured along the West and East lines of said East 20 acres;
also except the East 50 feet thereof used for Elmhurst Road) as recorded on December 12, 1977 as
Document No. 24238614 in Cook County, Illinois.
Property Index Number: 08 -23- 401 - 035 -0000;
WHEREAS, the "Petitioner" seeks approval to amend the Planned Unit Development (PUD) to permit
truck repair and truck rentals; and
WHEREAS, a Public Hearing was held on the request to amend the Planned Unit Development (PUD)
being the subject of PZ -08 -12 before the Planning and Zoning Commission of the Village of Mount
Prospect on the 24 day of May, 2012, pursuant to proper legal notice having been published in the
Mount Prospect Journal & Topics on the 9 th day of May, 2012; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
President and Board of Trustees of the Village of Mount Prospect in support of the request being the
subject of PZ- 08 -12; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that
the request to amend the Planned Unit Development (PUD) to permit truck repair and truck rental along
Elmhurst Road meets the standards of the Village and that the granting of the request would be in the
best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT 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 recitals set forth above are incorporated as findings of fact by the President and
Board of Trustees of the Village of Mount Prospect.
SECTION TWO The Planned Unit Development (PUD) granted in Ordinance No. 3401 for Elmhurst
Road Plaza is hereby amended to permit truck repair and truck rental at property located at 2016 South
Elmhurst Road subject to the following conditions of approval:
1) Truck repairs shall be restricted to box/straight truck styles and be limited to a size that can park
within a standard nine (9) foot wide by eighteen (18) foot deep parking stall without blocking or
extending into an adjacent drive aisle.
2) No more than five (5) trucks shall be rented and stored on the property.
3) The rental trucks shall be stored behind the building (along the north property line)
4) The rental truck size shall be limited to as size that can park within a standard nine (9) foot wide
by eighteen (18) foot deep parking stall without blocking or extending into an adjacent drive aisle.
5) The rental trucks shall not be stored for more than seven (7) business days.
SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this
Ordinance with the Recorder of Deeds of Cook County.
SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ day of 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \O RDINANCE2W mend PUD 2016SElmhurstRd 053012.doc
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: MAY 25, 2012
SUBJECT: PZ -09- 121878 E. NORTHWEST HIGHWAY 1 CONDITIONAL USE (ANIMAL
DAYCARE) / KIMBERLY S. RUFFOLO
The Petitioner recently purchased the Subject Property and seeks to remodel the interior of the building
for an animal daycare. Per the floor plan, the animal daycare would consist of a storage room, office,
employee lounge, and separate rooms for dogs and cats. The cat room will include twenty (20) kennels
and a play area with cat trees. The dog room will only be a play area for dogs. The dogs will continue
to be boarded in the existing kennels located in the Mt. Plaines Animal Hospital, which is owned and
operated by the Petitioner. As proposed, the animal daycare will not include an opening connecting to
the animal hospital.
The Zoning Code's parking regulations for the B5 Central Commercial District does not require
additional off - street parking for land uses which are similar to previous uses at locations where limited
parking or no parking is currently provided. The Subject Property was previously used as an office and
retail establishment. The parking requirement for the animal daycare is the same as general
retailloffice Uses (4 per 1,000 square feet in excess 1,500 square feet of floor area). Therefore, there
would not be in increase to the required parking. The Plat of Survey for the Subject Property indicates
up to four (4) parking spaces are available in the rear of the building.
The Planning & Zoning Commission conducted a public hearing to review the request on Thursday,
May 24, 2012, and by a vote of 5 -0, recommended app roval of a Conditional Use for an animal
daycare at 878 E. Northwest Highway, Case No. PZ- 09 -12, subject to the condition that the site is
developed in general conformance with the floor plan received by the Village on March 15, 2012.
Details of the proceedings and items discussed during the Planning and Zoning Commission hearing
are included in the attached minutes.
Please forward this memorandum and attachments to the Village Board for their review and
consideration at their June 5, 2012 meeting. Staff will be present to answer any questions related to
this matter.
QA�Jr ��
William J. Cooney, Jr AICP
41Vf1Wh1hcdSd'LANPZ0.Whg &Zaning OONOM&720125ME] Mtm 'PL49 -12878 E. Nonhw Hi y.(CU- Animal Da)rwd).dm.
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ -09 -12
PROPERTY ADDRESS:
PETITIONER:
PUBLICATION DATE:
PIN NUMBER:
REQUEST:
MEMBERS PRESENT:
MEMBER ABSENT:
STAFF MEMBERS PRESENT:
INTERESTED PARTIES:
Hearing Date: May 24, 2012
878 E. Northwest Highway
Kimberly S. Ruffolo
May 9, 2012
08 -12- 403 - 010 -0000
Conditional Use approval for an Animal Daycare
Richard Rogers, Chair
William Beattie
Keith Youngquist
Leo Floros
Jacqueline Hinaber, Alternate
Joseph Donnelly
Consuelo Andrade, Senior Planner
Brian Simmons, Deputy Director of Community Development
Kim Ruffolo, Marie Dreessen, Nick Pappas, Doreen Cunningham
Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Beattie made a motion, seconded by Mr.
Youngquist to approve the minutes of the April 26, 2012 Planning & Zoning Commission meeting; the minutes
were approved 5 -0. After hearing one (1) previous case, Chairman Rogers introduced Case PZ- 09 -12, 878 E.
Northwest Highway at 7:58 p.m.
Ms. Andrade stated the Petitioner for PZ -09 -12 was seeking Conditional Use approval to operate an animal
daycare at 878 E. Northwest Highway.
Ms. Andrade said the Subject Property is located on the north side of Northwest Highway and includes a vacant
building with related improvements. The Subject Property is zoned 135 Central Commercial and is bordered by
the B5 District to the east and west, and by the RA Single Family District to the north. The Union Pacific
Northwest railroad tracks, zoned I2, are located south of the site.
Ms. Andrade stated the Petitioner recently purchased the Subject Property and was seeking to remodel the interior
of the building for an animal daycare. The animal daycare would operate Monday through Saturday, opening at 8
a.m. and closing times would vary during the week. The animal daycare would not be open on Sundays.
Ms. Andrade said per the floor plan, the animal daycare would consist of a storage room, office, employee lounge,
and separate rooms for dogs and cats. The cat room would include twenty (20) kennels and a play area with cat
trees. The dog room would only consist of a play area for dogs and would not include kennels. The dogs would
continue to be boarded in the existing kennels located in the Mt. Plaines Animal Hospital adjacent to the east of
the Subject Property, which is operated by the Petitioner. As proposed, the animal daycare would not include an
opening connecting to the animal hospital.
Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific
findings that must be made in order to approve a Conditional Use. The summary of the findings include:
Richard Rogers, Chair PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 1 of 4
• The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or
general welfare;
• The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
• And adequate provision for utilities, drainage, and design of access and egress to minimize congestion on
Village streets are provided.
Ms. Andrade said per the Petitioner's application, the animal daycare would improve the services and comfort of
the animals they currently serve at the animal hospital. The number of animals they currently serve would not
increase as a result of the animal daycare. Staff reviewed the Petitioner's application and determined that the
animal daycare would have minimal impact on the neighborhood. The Subject Property is. located within a
commercial area and is next to an existing animal hospital. The Petitioner's proposed use as an animal daycare
would be compatible with the commercial uses on Northwest Highway.
Ms. Andrade stated that Staff found the proposed animal daycare met the Conditional Use standards contained in
Section 14.203.F.8 of the Zoning Ordinance. Staff recommended that the Planning & Zoning Commission
approve the motion as listed in the Staff Report.
Chairman Rogers asked if the hours of operation were contingent on the approval of the subject zoning case. Ms.
Andrade said there are no restrictions on the hours of operation per the zoning code; these hours were created by
the Petitioner. Ms. Andrade stated a condition could be made on the hours of operation.
Chairman Rogers swore in Kim Ruffolo, who operates Mt. Plaines Animal Hospital, 888 E. Northwest Highway,
Mount Prospect, Illinois. Ms. Ruffolo stated there was an opportunity to purchase the 878 E. Northwest Highway
property which is adjacent to the animal hospital. She said the Subject Property formerly housed a Plumbing
business. Ms. Ruffolo is looking to expand her services to those animals currently boarded at the existing animal
hospital. The cats would have their own boarding area separated from the dogs in the proposed facility.
Ms. Ruffolo stated the new space would allow the hospital staff to offer one -on -one time with the dogs. The dogs
would not be in the daycare area in packs. Ms. Ruffolo knows that there were concerns regarding noise, but has
never had any complaints at the animal hospital since taking over in 1999. She said the cats would be the only
ones staying in the proposed building and they don't create noise. The dogs would only be in the daycare when it
is time for their private one -on -one titre. Ms. Ruffolo said the other area of the proposed facility would be a
lounge area for the employees, additional storage, and a separate office for her.
Chairman Rogers confirmed with the Petitioner that the proposed facility would not have overnight boarding.
Any dogs that would have to stay overnight would be in the existing kennels at the animal hospital property.
Chairman Rogers stated that the Commission did receive a letter concerning the noise levels of the dogs at the
existing facility along with walking the dogs on public and private property. Ms. Ruffolo stated that they do have
an option of walking the dogs outside. She said hospital Staff is instructed to clean up after the dogs along with
cleaning up other areas to limit any negative effects or connotations on the animal hospital.
Ms. Hinaber asked how the dogs would get from the hospital to the proposed daycare. Ms. Ruffolo said that the
back door of the animal hospital is about five (5) feet from the hallway to the building of the proposed daycare
location. The dogs would be walked outside for the one -on -one time in the daycare. Ms. Hinaber asked if the
outside area would be covered. Ms. Ruffolo said that it is not currently covered. She stated that she does not own
the property where the animal hospital is located, so she cannot make any improvements at this time.
Chairman Rogers swore in Marie Dreessen, 719 S. We Go Trail, Mount Prospect, Illinois. Ms. Dreessen stated
that her husband, Dr. Donald Dreessen owns the properties on both sides of the Subject Property. She requested
that both sides of the walls at 878 E. Northwest Highway be sound proof, Ms. Dreessen also requested that the
Richard Rogers, Chair PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 2 of 4
floor plan be flipped so that the dog and cat rooms would not be next to the adjacent salon located at 864 E.
Northwest Highway. She asked if the cats would be boarded in the proposed daycare overnight.
Ms. Dreessen stated that Mt. Plaines Staff currently walks the dogs on private property and has not cleaned up
after them. She said that she visited the dog daycare on Central Road and discussed the noise Ievel there. Ms.
Dreessen also wanted to know if the proposed daycare would have any effects on the parking requirements. She
also wanted to know the number of animals that currently stay overnight at the existing hospital.
Ms. Dreessen said that she would not be able to attend the Village Board Meeting on June 5, 2012 and requested
that the second board meeting not be waived on June 19, 2012. She stated that she would like to attend the
second meeting.
Ms. Ruffolo stated that her daycare would not operate like the animal daycare located on Central Road. There
would not be a mass of dogs running around. She said she understood the concerns of the neighboring beauty
salon, but believed that there would not be any additional noise created. Ms. Ruffolo said it would be unusual if
any of the dogs were excessively barking during their one -on-one time. She stated there have never been any
complaints with the hospital regarding noise or animal excrement being left in the surrounding area.
Ms. Ruffolo said the parking concerns were mainly for the animal hospital building at 888 E. Northwest Highway
and did not believe it was for the proposed daycare. Chairman Rogers said that Staff has approved the parking
requirements for the daycare, it was not an issue.
Chairman Rogers swore in Nick Pappas, 4454 N. Dover Street, Chicago, Illinois. Mr. Pappas stated that he is the
attorney representing the Petitioner and wanted to explain the relationship with Dr. Dreessen. He said that Dr.
Ruffolo begun leasing the 888 E. Northwest Highway building from Dr. Dreessen in 1999 with an option to
purchase in 2005. Mr. Pappas stated that Dr. Ruffolo exercised the option and the sale has not taken place to date
because Dr. Dreessen refused to transfer the property. He said the case has been in court since 2005. There was
an eviction petition filed on behalf of Dr. Dreessen that was dismissed by the Circuit Court of Cook County. Mr.
Pappas stated the sale did not take place and Dr. Ruffolo filed a chancery matter in 2008 which is currently
pending in Cook County.
Chairman Rogers swore in Diane Adam, Owner of Joseph John Salon, 864 E. Northwest Highway, Mount
Prospect, Illinois. Ms. Adam stated that she is concerned regarding the potential noise that would be generated by
the animal daycare. She mentioned that when she walks to her car, she can sometimes hear the dogs barking from
the animal hospital. Ms. Adam was appreciative of the Petitioner expanding their business and cleaning up the
Subject Property. Ms. Adam had additional questions that included whether or not sick animals are boarded,
would there be outdoor kennels, and potential odors. She stated that if there were animal excrements in the
surrounding area, the hospital would pick them up. Ms. Adam said her clients are coming to her business to
relax, so any potential noise would be a detriment to her business. Chairman Rogers confirmed with Ms. Adam
that she is the next door neighbor to the west of the Subject Property.
Ms. Ruffolo said that plumbers previously occupied the Subject Property and never complained about any sounds
from the animal hospital. She stated the sound would be minimized from the animal hospital to the animal
daycare. Chairman Rogers confirmed with the Petitioner that there would be no outside kennels.
Chairman Rogers swore in Doreen Cunningham, 405 George Street, Mount Prospect, Illinois. Ms. Cunningham
has resided near the animal hospital for twenty (20) years and has been an employee of Mt. Plaines for the last
eight (8) years. She stated that she has never had any issues with the dogs at the animal hospital. Ms.
Cunningham also discussed an instance where the alarm recently went off at the animal hospital and her
neighbors did not hear the animals making any noise.
Richard Rogers, Chair PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 3 of 4
Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the
public portion of the case at 8:19 p.m. and brought the discussion back to the board.
Ms. Hinaber made a motion, seconded by Mr. Youngquist to approve a Conditional Use permit to operate an
animal daycare at 878 E. Northwest Highway, Case No. PZ- 09 -12, subject to the condition listed in the staff
report.
UPON ROLL CALL: AYES: Beattie, Floros, Hinaber, Youngquist, Rogers
NAYS: None
The motion was approved 5 -0. The Village Board's decision is final for this case.
After hearing one (1) additional case, Mr. Youngquist made a motion, seconded by Ms. Hinaber to adjourn at
8:45 p.m. The motion was approved by a voice vote and the meeting was adjourned.
Ryan Kast, Community Development
Administrative Assistant
Richard Rogers, Chair PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 4 of 4
W
Village of Mount Prospect
Community Development Department
CASE SUMMARY — PZ -09 -12
LOCATION:
878 E. Northwest Highway
PETITIONER:
Kimberly S. Ruffoto
OWNERS:
Joseph P. Ruffolo and Kimberly S. Ruffoto
PARCEL. 4:
08-12-403-010-0000
LOT SIZE:
0.07 acres (3,000 sq. ft)
ZONING:
B5 Central Commercial
LAND USE: Vacant
REQUEST: Conditional Use approval for an Animal Daycare
LOCATION MAP
Mount Prospect
Village of Mount Prospect
Community Development Department
MEMORANDUM
9 tax
FROM:
DATE:
HEARING DATE:
SUBJECT:
BACKGROUND
MOUNT PROSPECT PLANNING & ZONING COMMISSION
RICHARD ROGERS, CHAIRPERSON
CONSUELO ANDRADE, SENIOR PLANNER
MAY 15, 2012
MAY 24, 2012
PZ -09 -12 I CONDITIONAL USE (ANIMAL DAYCARE) 1 878 E. NORTHWEST
HIGHWAY 1 KIMBERLY S. RUFFOLO
A public hearing has been scheduled for the May 24, 2012 Planning & Zoning Commission meeting to review the
application by Kimberly S. Ruffolo (the "Petitioner ") regarding the property located at 878 E. Northwest
Highway (the "Subject Property "). The Petitioner is seeking Conditional Use approval to operate an animal
daycare in the B5 Central Commercial District. The P &Z hearing was properly noticed in the May 9, 2012
edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within
250 -feet and posted a Public Hearing sign on the Subject Property.
PROPERTY DESCRIPTION
The Subject Property is located on the north side of Northwest Highway, and includes a vacant building with
related improvements, The Subject Property is zoned B5 Central Commercial and is bordered by the B5 District
to the east and west, and by the RA Single Family District to the north. The Union Pacific Northwest railroad
tracks, zoned 12, are located south of the site.
SUMMARY OF PROPOSAL
The Petitioner recently purchased the Subject Property and seeks to remodel the interior of the building for an
animal daycare. Per the floor plan, the animal daycare would consist of a storage room, office, employee lounge,
and separate rooms for dogs and cats. The cat room will include twenty (20) kennels and a play area with cat
trees. The dog room will only consist of a play area for dogs and will not include kennels. The dogs will
continue to be boarded in the existing kennels located in the Mt. Plaines animal hospital adjacent to the east of the
Subject Property, which is operated by the Petitioner. As proposed, the animal daycare will not include an
opening connecting to the animal hospital.
The animal daycare would operate Monday thru Saturday and open at 8 am. The daycare will close at 7 pm
Mondays and Thursdays, at 6 pm Tuesdays and Fridays, and at 2 pm on Saturdays. The Village's Zoning
Ordinance lists animal daycares in the B5 District as a Conditional Use, which requires review by the Planning &
Zoning Commission and approval by the Village Board.
PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012 Page 3
Parking
The Zoning Code's parking regulations for the B5 Central Commercial District does not require additional off -
street parking for Iand uses which are similar to previous uses at locations where limited parking or no parking is
currently provided. The Subject Property was previously used as an office and retail establishment. The parking
requirement for the animal daycare is the same as general retail /office uses (4 per 1,000 square feet in excess
1,500 square feet of floor area). Therefore there would not be in increase to the required parking. The Plat of
Survey for the Subject Property indicates up to four (4) parking spaces are available in the rear of the building.
There are several on - street parking spaces along Northwest Highway and George Street. However, the Zoning
Ordinance does not allow for the inclusion of on- street spaces as part of the required parking calculation.
Comments from other departments
Other departments reviewed the proposal and did not object to the request. However, they did note the proposed
use will have to comply with Code requirements for the interior remodel. The Public Works Department further
noted that the building is currently serviced by multiple water and sanitary services, which each will be billed
separately. Backflow protections will be required for each water service, if not currently in place.
A business license will be required prior to the opening of the animal daycare at the Subject Property. While
these are issues to be addressed as part of the building permit review, these requirements are included as part of
the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary
documentation.
CONDITIONAL USE STANDARDS
The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include
seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary
of these findings:
• The Conditional Use will not have a detrimental impact on the public health, safety, morals comfort or
general welfare;
• The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the
vicinity or impede the orderly development of those properties;
• There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion
on Village streets; and
• The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan,
Zoning Code, and other Village Ordinances.
Per the Petitioner's application, the animal daycare will improve the services and comfort of the animals they
currently serve at the animal hospital. The number of animals they currently serve will not increase as a result of
the animal daycare. The Petitioner further notes that the animal daycare will not have a negative impact on the
community as it is a similar use to the animal hospital, which has been in the community for over forty (40) years.
Staff reviewed the Petitioner's application and determined that the animal daycare would have minimal impact on
the neighborhood. The Subject Property is located within a commercial area and is next to an existing animal
hospital. The Petitioner's proposed use as an animal daycare will be compatible with the commercial uses on
Northwest Highway.
RECOMMENDATION
PZ -09 -12
Planning & Zoning Commission Meeting May 24, 2012
Page 4
The proposed animal daycare meets the Conditional Use standards contained in Section 14.203.F.8 of the Zoning
Ordinance. ,Staff recommends that the Planning & Zoning Commission approve the following motion:
"To approve a Conditional Use permit to operate an animal daycare at 878 E. Northwest Highway, Case No.
PZ- 09 -12, subject to the following conditions:
1. The site shall be developed in general conformance with the floor plan received by the
Village on March 15, 2012.
The Village Board's decision is final for this case.
I concur:
�k 9�
William J. Cooney, AICP
Director of Community Deve opment
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VILLAGE OF MOUNT PROSPECT =prospcct
COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone 847.818.5328
FAX 847.818.5329
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Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other
materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals
will not be accepted. It J's strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that
materials can be reviewed for accuracy and completeness at the time of submittal.
In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be
given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the
owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during
reasonable hours for visual inspection of the subject property.
I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and
accurate to the best of my know
. - �
Print Name Q
If applicant is not property owner:
y
Date 3 02 7— /
I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and
the associated supporting material.
Property Owne Date
(signature)
Print Name
Mount Prospect Department of Community Development
50 South Emerson Street, Mount Prospect Illinois
www.mountprospect.org
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Phone 847.818.5328
Fax 847.818.5329
TDD 847.392.6064
Appendix A
I am requesting conditional use for the property at 874 -878 East Northwest Highway that
I have just purchased to allow the use of the facility as an animal day care. This will be
used in conjunction with the current location' of 888 East Northwest Highway. I currently
own and operate Mount Plaines Animal Hospital at 888 East Northwest Highway. I do
not own this property, it is currently owned by Donald Dreessen who formerly owned
and operated the animal hospital located on this property, and I lease this property from
him with access to the parking area at the end of the building. In renovating this property,
I do not intend to increase the number of animals I am currently capable of housing in our
existing space. I would like to improve on what we are able to offer the animals we
currently house. I intend to remove the cat kennels from the dog kennel area on the 888
property where they are currently located, to a separate room in the 874 -878 location
which would contain 20 deluxe multi -level kennels and a play area with cat trees. We
would maintain the same number of cat kennels in total. Additionally, we will not add
additional dog kennels, but we will reorganize the existing kennels to allow for easier
access for cleaning. The second area that would contain animals would be a large indoor
play area for dogs. The dogs will continue to be boarded in the existing kennels in the
888 building. This would be used in place of the current 5 foot by 7 foot runs which exist
in the 888 building. The larger space would allow us to interact better with our boarding
and hospitalized dogs in a safe environment. The dog space will not be intended as a
kennel, but specifically a play area. The remainder of the space will not house animals. It
will be used for an office, storage a bathroom and staff lounge area.
FIDELITY NATIONAL TITLE INSURANCE COMPANY
OWNER'S POLICY (2006)
A SCHEDULE A (CONTINUED)
POLICY NUMBER 20X1- 053000075 - USC
S- THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
LOT 10 IN MAPLEWOOD HEIGHTS, BEING A SUBDIVISION OF THE EAST 15.00 CHAINS OF THAT
H EAST 1/4 OF SECTION 12, (EXCEPT THE
PART LYING NORTH OF RAILROAD OF THE SOUT
SOUTHERLY 66 FEET FOR ROAD) ALSO OF BLOCK 26 IN BUSSE'S EAS TERN ADDITION TO MOUNT
PROSPECT IN THE EAST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members
in good standing as of the date of use. All other uses are prohibited. Reprinted under.license from the American Land Title Association.
opwr%9/u wtp 1L^P1LL- TEA - 2700306- 1— rnCORD- 2011 - 053000075 2JK 02/17/12 09:46.48
Appendix C: Standards for Conditional Use Approval
1.That the establishment, maintenance, or operation of the conditional use will not be
detrimental to, or endanger the public health, safety, morals, comfort or general welfare;
• By developing this space as an animal day care I will not increase the number of
animals that we currently have the capacity to serve. The day care will offer
ancillary services to the animals currently being cared for at the animal hospital.
Through the use of this space we will only be improving the services and comfort
of the animals that we currently care for in the same capacity in our business at
the existing location and this will not have any additional impact on the
community.
• The animal day care has a positive impact on public health by providing a safe
contained area for the housing of animals, and does not have a negative impact on
the safety, morals, comfort or welfare of the community.
2.That the conditional use will not be injurious to the uses and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood in which it is to be located;
• Mount Plaines Animal Hospital has been established for over 40 years in the
current building, although the business has occupied different units of the building.
The daycare will be used as an ancillary facility to serve our exiting clientele. We
will not be altering the number of animals cared for in the building by utilizing
the additional space of the property for which we are requesting conditional use
approval. We will only improve upon our existing services by providing and
adjacent day care. Animals that are to be cared for in the animal day care facility
will already are already currently accommodated in a similar fashion in the
hospital facility.
3. That the establishment of the conditional use will not impede the normal and orderly
development of the surrounding property for uses permitted in the district;
• The surrounding property is already completely developed.
• The hospital has been established at the 888 location, and has not negatively
impacted any development. The day care will not expand on the impact that the
animal hospital currently has.
4. That adequate public utilities, access roads, drainage, and/or necessary facilities have
been or will be provided;
• All of these requirements currently exist for the building and will not need to be
altered to accommodate the conditional use.
5. That adequate measures have been or will be taken to provide ingress and egress so
designed as to minimize traffic congestion in the public streets;
• These measures have already been addressed for the businesses along Northwest
Highway, and the additional use of the 874 -878 property will not increase the
volume of traffic, as the volume of traffic will not be substantively altered.
6. That the proposed.conditional use is not contrary to the objectives on the Current
Comprehensive Plan for the Village
• The conditional use will allow us to supplement an existing business, and
therefore will not be contrary to the village plan.
7. That the conditional use shall in all other respects, conform to the applicable
regulations of the district in which it is located, except as such regulations may, in each
instance, be modified pursuant to the recommendations of the Planning and Zoning
Commission.
• The conditional use will grant permission to operate an animal daycare which
would relocate the cat kennels that are currently housed in the 888 location to the
874 -878 location, and to allow an indoor exercise area for dogs that are already
housed in the 888 location with conditional, approval. The additional space will be
for commercial uses already permitted in this location.
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GENERAL DEMO NOTES
• REMOVE EXISTING CEILING DRYWALL
REMOVE EXISINTG FLOORING
REMOVE ALL EXISTING OUTLET AND LIGHTING
• REMOVE ALL INTERIOR NON BEARING WALL U.N.O.
• ALL EXISTING DUCT SHALL REMAIN
• EXISTING FURING WALLS ON EXTERIOR WALL TO REMAIN
0 PATCH ALL WALLS AND CEILING VERIFY IN FIELD FOR MATERIAL TO MATCH
♦REMOVE ALL EXISTING DOOR ANO WINDOWS VERIFY SIZING IN THE FEtLD
• CONTRACTOR SHALL VERIFY ALL BEARING CONDITIONS AND PROVICE SHORING AND BRAC
PRIOR TO REMOVAL OF ALL ITEMS
• ALL PLUMBING AND ELECTRICAL ITEMS TO BE REMOVED SHALL BE CAPPED OR REROUTE
IN EXISTING OR NEW WALLS OR BENEATH THE FLOOR IN CONFERENCE WITH LOCAL BUILC
DEMO PLAN
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Cook County Treasurer's Office I Property Tax & Payment Information
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Office of Cook County Treasurer - Maria Pappas
Page 1 of 1
Cook County Property Tax & Payment Information
Printed copies of this information may not be used as a tax bill.
Payments must be submitted with original tax bill.
Property Index Number (PIN): 08- 12-403 -010 -0000
2010 Tax Year Information - Payable in 2011
Ta Year: 2010 Tax Type: Current Tax Volume: 049 PCL: 5 -17
Property Location
874 E NORTHWEST HWY
MOUNT PROSPECT, IL 60056 -3443
Mailing Information
STEVE SCHWARTZ
1216 CRABTREE LN
MT PROSPECT, IL 60056 -1322
Exemption Information
Homeowner Exemption Received: NO
Senior Citizen Exemption Received: NO
Senior Freeze Exemption Received: NO
Tax Payment Information
Installment Tax Amount Billed Tax Due Date
Last Payment
Received
Date Received
1st $4,466.19 04/01/2011
$4,466.19
02108/11
2nd $5,992.20 11/01/2011
$5,992.20
10/05/11
Balance Due: s0.0o
The balance due, including any penalty, is as of: 312512012
Payments processed are pasted through: 312312012
2011 Tax Year Information - Payable in 2012
Tax Year: 2011 Tax Type: Current Tax Volume: 049 PCL; 5-17
Property Location
874 E NORTHWEST HWY
MOUNT PROSPECT, IL 60056 -3443
Mailing Information
STEVE SCHWARTZ
1216 CRABTREE LN
MT PR IL 60056 -1322
Exemption Information
Exemptions do not become effective until the second installment.
Tax Payment Information
Installment Tax Amount Billed Tax Due Date
Last Payment
Received
Date Received
1st $5,752.11 03/01/2012
$5,752.11
02/07/12
Balance Due: s0A0
The balance due, including any penalty, Is as oY 3/26/2012
Payments processed are posted through: 312.2/2092
Printed copies of this information may not be used as a tax bill.
Payments must be submitted with original tax bill.
http :// cookcountytreasurer .coinlpaymentprintout. aspx ?payrnenttype= current &pin= 081240... 3/27/2012
TRUSTEE'S DEED -
JOINT TENANCY
Reserved for Recorder's Office
This indenture made this 6 day of
February, 2012 between CHICAGO
TITLE LAND TRUST COMPANY, a
corporation of Illinois, as Successor
Trustee to LaSalle Bank National
Association, as trustee under the
provisions of a deed or deeds in trust,
duly recorded and delivered to said
company in pursuance of a trust
agreement dated the 28 day of July,
1997 and known as Trust Number
600247 -00, party of the first part, and
Joseph F. Ruffolo and Kimberly S.
Ruffolo, not as tenants in common, but
as joint tenants with right of
survivorship, whose address is 65 W.
Mundhank, South Barrington, IL 60010,
parties of the second part.
WITNESSETH, That said party of the first part in consideration of the sum of TEN and no/100 DOLLARS ($10.00) AND
OTHER GOOD AND VALUABLE considerations in hand paid, does hereby CONVEY AND QUITCLAIM unto said parties
of the second part, not as tenants In common, but as joint tenants with right of survivorship, the following described
real estate, situated in COOK County, Illinois, to wit:
LOT 10 IN MAPLEWOOD HEIGHTS, BEING A SUBDIVISION OF THE EAST 15.00 CHAINS OF THAT PART
LYING NORTH OF RAILROAD OF THE SOUTH EAST: /a OF:SECTION 12,.(EXCEPT THE SOUTHERLY 66
FEET FOR ROAD) ALSO OF BLOCK 26 IN BUSSE'S EASTERN ADDITION TO MOUNT: PROSPECT IN THE
EAST '/2 OF SECTION 12, TOWNSHP 41 NORTH, RANGE 11, , EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
`f Property Address: 874 -878 E. NORTHWEST HIGHWAY, MT. PROSPECT, IL 60066
Permanent Tax Number: 08 -12 -405- 010 -0000
together with the tenements and appurtenances.thereunto belonging.
TO HAVE AND TO HOLD the same unto said party of the second part forever, not in tenancy in common, but in
joint tenancy with' right of survivorship.
This Deed is executed pursuant to and in the exercise of the power and authority granted to and vested in said
trustee by the terms of said deed or deeds in trust delivered to said trustee In pursuance of the trust agreement
above mentioned. This deed is made subject to the lien of every trust deed or mortgage (if any there be) of record
in said county to secure the payment of money, and remaining unreleased at the date of the delivery hereof.
IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to_ be affixed, and has caused its name to
be signed to these presents by its Trust Officer, the day and year first above written.
CHICAGO TITLE LAND TRUST COMPANY,
�- as Trustee as Aforesaid
By:
Eva Higi, Trust icer
7
State of Illinois )
) ss
County of Lake }
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the above named
Trust Officer of CHICAGO TITLE LAND TRUST COMPANY, personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such Trust Officer appeared before me this day in person and
acknowledged that she signed and delivered the said instrument as her own free and voluntary act and as the free and
voluntary act of the Company; and the said Trust Officer then and there caused the corporate sea] of said Company to
be affixed to said instrument as her own free and voluntary act and as the free and voluntary act of the Company.
Giver) under my hand and Notarial Seal this 13 day of February, 2012.
,rwnraosv
r'OFFICIAL S EAL
MARY M: BRAY
NOTARY PUBLIC, STATE OF ILLINOIS
M Co�mm'Is Expires 04/0112094
PROPERTY ADDRESS:
874 -878 E. Northwest H
Mount Prospect, IL 60056
NOT Y PUBLIC
This instrument was prepared by:
CHICAGO TITLE LAND TRUST COMPANY
1701 Golf Road, Suite 1--101
Rolling Meadows, IL 60008
AFTER RECORDING, P EASE M IL TO:
NAME
ADDRESS r< Wtr BOX NO. _
CITY, STATE toy �pOb
SEND TAX BILLS TO:
If
VILLAGE OF MOUNT PROSPECT]
E B �1 6 2012 $ :
37005 s - „!
REAL ESTATE TRANSFER . 02117/2012
COOK
$47;50
ILLINOIS:
$95.00
TOTAL:
$142.50
08 12-4 ) Iu -0000 1 2 0120201601547
i X1 M8JR
F. 156 R 1195
To the Mount Prospect Planning & Zoning Commission, my name is Marie Dreessen,
719 South WeGo Trail, Mount. Prospect, Illinois. I will attending the meeting on May
24, 2012 along with my husband Dr. Donald Dreessen regarding PZ -09 -12 Animal
Daycare located at 878 Northwest Highway. The following are items that are of great
concern.
• There is no sound proofing in the plans, it is requested that the buildings on either
side of the 878 Northwest Highway be completely sound proofed.
• The floor plan that was submitted be flipped so that the building (864) to the
northwest not be impacted by the Dog and Cat Rooms.
• Will there be overnight boarding at this facility?
• The conditional use will impact the health and safety of residents. Currently Mt.
Plaines. Animal Hospitals Kennel Staff walk the dogs on private property and do
not always clean up after the dogs relieve themselves. It is requested that the use
of private property not be used for this purpose.
• If any of the board members were to go to the Doggie Day care facility on Central
Avenue, the noise level is very loud. I was at Formula Auto in the office and was
very distracted by the barking dogs.
• In Appendix C submitted to you, please note that Mt. Plaines Animal Hospital
was not located at 888 for 40 years.
• Please note that on the submitted site information sheets 3 & 4 that there are 9
spaces of parking when combined with 888. The zoning requires 888 to have 6
off site parking places to operate with 2 exam rooms. Will this impact the parking
requirements?
• With the added space will the 4 exam rooms on the floor plan of 888 be utilized?
How many parking spaces would be required? It is noted on the floor plan of 888
4 exam rooms are in use.
• How many animals are kept overnight?
• How many animals does 888 currently have the capacity to serve? It is noted in
Appendix C, item 1 that it would not exceed that number.
• If 888 will be utilizing all 4 exam rooms will that increase the traffic?
PLEASE NOTE WE WILL NOT BE ABLE TO ATTEND THE 1 sT BOARD
MEETING ON JUNE 5, 2012, PLEASE DONOT WAIVE THE 2 ND BOARD
MEETING ON JUNE 19,2012.
Thank you for all your considerations.
RECEIVED
M AY 2 2 2012
Village of Mt. Prospect
Kim and Joe Ruffolo
65 W. Mundhank Rd.
Bill Cooney
Director of Community Development
Mount Prospect, IL 60056
May 29 2012
South Barrington, IL 60010
Reg. Case No. PZ -09 -12 / 878 E. NORTHWEST HIGHWAY / CONDITIONAL USE {ANIMAL
DAYCARE}
Dear Mr. Cooney,
We have submitted a petition for conditional use of the property 874.878 East Northwest
highway as an animal daycare facility. This case is scheduled to come before the Village Board
on June 5, 2012. 1 currently operate the animal hospital located at 888 East Northwest
Highway. I would like to use this adjacent space to improve on the quality of the services we
currently offer to our clients.
We would like to request that the second hearing scheduled for June 19 2012 be waived, and
that the board decision be made final at the June 5 th meeting. We are finishing the process of
having our demolition and building plans approved, and would like to begin work on the project
as quickly as possible for several reasons. The property is currently in disrepair after having
been evacuated by the previous tenant /owner. It is unsightly, and I know it is aesthetically
unpleasing to our clients, as well as to the neighboring tenant, a salon. Additionally, my
husband, who is a high school teacher, will be supervising the work which needs to be done. It
will be easier for us to finish the project, and make the improvements to the space while he is
on break over the summer. Lastly, the services we will be offering will be cat boarding and dog
play time for dogs boarding at the 888 unit. The majority of our boarding revenue is generated
over the summer, and we would like to be able to utilize the facility as quickly as possible.
We have support from our neighbors in the community for this project, some of whom were at
the last zoning meeting, and more who will be in attendance at the board meeting. i also
believe we have alleviated the concerns of our neighboring salon owner at the zoning meeting.
Thank you for your consideration of our request.
Kim Ruffolo DVM
RECEIVED
MAY 2 9 2012
Village of Mt. Prospect
Community Development
ORDINANCE NO.
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
874 -878 EAST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS
WHEREAS, Joseph and Kimberly Ruffolo ( "Petitioners') have filed a petition for a Conditional Use with respect
to property located at 874 -878 East Northwest Highway ( "Property') and legally described as;
Lot 10 in Maplewood Heights, being a subdivision of the east 15.00 chains of that part lying north of
railroad of the south east' /4 of Section 12, (except the southerly 66 feet for road) also of Block 26 in
Busse's eastern addition to Mount Prospect in the east' /2 of Section'! 2, Township 41 north, Range 11,
east of the Third Principal Meridian, in Cook County, Illinois.
Property Index Number: 08 -12- 403 - 010 -0000; and
WHEREAS, the Petitioners seek a Conditional Use permit to operate an animal daycare; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use permit, designated as PZ- 09 -12,
before the Planning and Zoning Commission of the Village of Mount Prospect on the 24 day of May, 2012,
pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on
the 9 th day of May, 2012; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the
President and Board of Trustees in support of the request being the subject of PZ- 09 -12; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to
the request herein and have determined that the same meets the standards of the Village and that the granting
of the proposed Conditional Use permit would be in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT 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 the recitals set forth hereinabove are incorporated herein as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant a Conditional
Use permit for the operation of an animal daycare at property located at 874 -878 East Northwest Highway as
shown on the plat of survey, a copy of which is attached and made a part of as Exhibit "A."
SECTION THREE Approval of the Conditional Use is subject to compliance that the site shall be developed in
general conformance with the floor plan received by the Village on March 15, 2012.
SECTION FOUR This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June, 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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Southliast quarter!S1/11)'of $motion 12,1e10lirpi the southerly 66 feet for Boad)•aleo of Block Tvencv ;iiz
in Busse's fteterri: Addi tion'to. Mount Prospect in Emet hair /2) of, Section 1r,• all to Town 4i lortn, :fary;u
East of the Third Meridian, in.Cook County, lllti►ois.
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,_,.r.' i�, rf,..,.. { 'FEr.. ILI .LAND SURVEY)R
ORDINANCE NO.
AN ORDINANCE PERTAINING TO A DETERMINATION OF
THE PREVAILING WAGE RATES
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and
other works employed in any public works by the State, County, Village or any other public body or
any political subdivision or by anyone under contract for public works," approved June 26, 1941, as
amended (820 ILCS 130/1); and
WHEREAS, the aforesaid Act requires that the Village of Mount Prospect of Cook County
investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics
and other workers in the locality of said Village of Mount Prospect employed in performing public
works projects for said Village of Mount Prospect.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN
THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE To the extent as required by "An Act regulating wages of laborers, mechanics and
other workmen employed in any public works by the State, County, City or any public body or any
political subdivision or anyone under contract for public works," approved June 26, 1941, as
amended, the general prevailing rate of wages in this locality for laborers, mechanics and other
workers engaged in the construction of public works coming under the jurisdiction of the Village is
hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook
County areas as determined by the Department of Labor of the State of Illinois as of June 1, 2012,
a copy of which wage rates are on file in the Office of the Village Clerk. The definition of any terms
appearing in this Ordinance, which are also used in the aforesaid Act shall be the same as in said
Act.
SECTION TWO Nothing herein contained shall be construed to apply said general prevailing rate
of wages as herein ascertain to any work or employment except public works construction of this
Village to the extent required by aforesaid act.
SECTION THREE The Village Clerk shall publicly post or keep available for inspection by any
interested party in the main office of this Village this determination of such prevailing rate of wages.
SECTION FOUR The Village Clerk shall mail a copy of this determination to any employer, and to
any association of employees and to any person or association of employees who have filed, or file
their names and addresses, requesting copies of any determination stating the particular rates and
the particular class of workers whose wages will be affected by such rates.
Page 2/2
Prevailing Wage - 2012
SECTION FIVE The Village Clerk shall promptly file a certified copy of this determination with both
the Secretary of State and the Department of Labor of the State of Illinois and shall further cause
to be published in a newspaper of general circulation within the Village, a copy of this determination
which shall constitute notice that the determination is effective and that this is the determination of
the President and Board of Trustees of the Village of Mount Prospect.
SECTION SIX This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June, 2012.
Irvana K. Wilks
Mayor
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \ORDINANCE2 \PrevailingWage, 2012.doc
Cook County Prevailing Wage for June 2012 Page 1 of 8
Cook County Prevailing Wage for June 2012
(See explanation of column headings at bottom of wages)
Trade Name RG
TYP
C
Base
FRMAN *M -F >8
OSA
OSH
H/W
Pensn
Vac
Trng
-------------- - - - - -- --
ASBESTOS ABT -GEN
- --
ALL
-
- - - - --
35.200
- - --
35.700
1.5
1.5
2.0
12.18
8.820
0.000
0.450
ASBESTOS ABT -MEC
BLD
32.850
0.000
1.5
1.5
2.0
10.82
10.66
0.000
0.720
BOILERMAKER
BLD
43.450
47.360
2.0
2.0
2.0
6.970
14.66
0.000
0.350
BRICK MASON
BLD
39.780
43.760
1.5
1.5
2.0
9.300
11.17
0.000
0.730
CARPENTER
ALL
40.770
42.770
1.5
1.5
2.0
12.34
11.25
0.000
0.530
CEMENT MASON
ALL
41.850
43.850
2.0
1.5
2.0
10.70
10.76
0.000
0.320
CERAMIC TILE FNSHER
BLD
33.600
0.000
2.0
1.5
2.0
9.200
6.680
0.000
0.580
COMM. ELECT.
BLD
36.440
38.940
1.5
1.5
2.0
8.420
8.910
0.000
0.700
ELECTRIC PWR EQMT OP
ALL
41.850
46.850
1.5
1.5
2.0
10.27
13.01
0.000
0.320
ELECTRIC PWR GRNDMAN
ALL
32.640
46.850
1.5
1.5
2.0
8.000
10.12
0.000
0.240
ELECTRIC PWR LINEMAN
ALL
41.850
46.850
1.5
1.5
2.0
10.27
13.01
0.000
0.320
ELECTRICIAN
ALL
40.400
43.000
1.5
1.5
2.0
13.83
7.920
0.000
0.750
ELEVATOR CONSTRUCTOR
BLD
48.560
54.630
2.0
2.0
2.0
11.03
11.96
2.910
0.000
FENCE ERECTOR
ALL
32.660
34.660
1.5
1.5
2.0
12.42
10.00
0.000
0.250
GLAZIER
BLD
38.500
40.000
1.5
2.0
2.0
11.49
14.64
0.000
0.840
HT /FROST INSULATOR
BLD
43.800
46.300
1.5
1.5
2.0
10.82
11.86
0.000
0.720
IRON WORKER
ALL
40.750
42.750
2.0
2.0
2.0
13.20
19.09
0.000
0.350
LABORER
ALL
35.200
35.950
1.5
1.5
2.0
12.18
8.820
0.000
0.450
LATHER
ALL
40.770
42.770
1.5
1.5
2.0
12.34
11.25
0.000
0.530
MACHINIST
BLD
43.160
45.160
1.5
1.5
2.0
7.980
8.950
0.000
0.000
MARBLE FINISHERS
ALL
29.100
0.000
1.5
1.5
2.0
9.300
11.17
0.000
0.660
MARBLE MASON
BLD
39.030
42.930
1.5
1.5
2.0
9.300
11.17
0.000
0.730
MATERIAL TESTER I
ALL
25.200
0.000
1.5
1.5
2.0
12.18
8.820
0.000
0.450
MATERIALS TESTER II
ALL
30.200
0.000
1.5
1.5
2.0
12.18
8.820
0.000
0.450
MILLWRIGHT
ALL
40.770
42.770
1.5
1.5
2.0
12.34
11.25
0.000
0.530
OPERATING ENGINEER
BLD
1
45.100
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
2
43.800
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
3
41.250
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
4
39.500
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
5
48.850
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
6
46.100
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
BLD
7
48.100
49.100
2.0
2.0
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
FLT
1
51.300
51.300
1.5
1.5
2.0
11.70
8.050
1.900
1.150
OPERATING ENGINEER
FLT
2
49.800
51.300
1.5
1.5
2.0
11.70
8.050
1.900
1.150
OPERATING ENGINEER
FLT
3
44.350
51.300
1.5
1.5
2.0
11.70
8.050
1.900
1.150
OPERATING ENGINEER
FLT
4
36.850
51.300
1.5
1.5
2.0
11.70
8.050
1.900
1.150
OPERATING ENGINEER
HWY
1
43.300
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
2
42.750
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
3
40.700
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
4
39.300
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
5
38.100
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
6
46.300
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
OPERATING ENGINEER
HWY
7
44.300
47.300
1.5
1.5
2.0
14.40
9.550
1.900
1.250
ORNAMNTL IRON WORKER
ALL
40.200
42.700
2.0
2.0
2.0
12.67
15.61
0.000
0.500
PAINTER
ALL
38.000
42.750
1.5
1.5
1.5
9.750
11.10
0.000
0.770
PAINTER SIGNS
BLD
33.920
38.090
1.5
1.5
1.5
2.600
2.710
0.000
0.000
PILEDRIVER
ALL
40.770
42.770
1.5
1.5
2.0
12.34
11.25
0.000
0.530
PIPEFITTER
BLD
44.050
47.050
1.5
1.5
2.0
8.460
13.85
0.000
1.820
PLASTERER
BLD
39.250
41.610
1.5
1.5
2.0
10.60
10.69
0.000
0.550
PLUMBER
BLD
44.750
46.750
1.5
1.5
2.0
11.59
9.060
0.000
0.780
ROOFER
BLD
37.650
40.650
1.5
1.5
2.0
8.380
6.820
0.000
0.430
SHEETMETAL WORKER
BLD
40.560
43.800
1.5
1.5
2.0
9.880
16.54
0.000
0.630
Cook County Prevailing Wage for June 2012
Page 2 of 8
SIGN HANGER
BLD
29.460
29.960
1.5
1.5
2.0
4.800
2.980
0.000
0.000
SPRINKLER FITTER
BLD
49.200
51.200
1.5
1.5
2.0
9.750
8.200
0.000
0.450
STEEL ERECTOR
ALL
40.750
42.750
2.0
2.0
2.0
13.20
19.09
0.000
0.350
STONE MASON
BLD
39.780
43.760
1.5
1.5
2.0
9.300
11.17
0.000
0.730
TERRAZZO FINISHER
BLD
35.150
0.000
1.5
1.5
2.0
9.200
9.070
0.000
0.430
TERRAZZO MASON
BLD
39.010
42.010
1.5
1.5
2.0
9.200
10.41
0.000
0.510
TILE MASON
BLD
40.490
44.490
2.0
1.5
2.0
9.200
8.390
0.000
0.640
TRAFFIC SAFETY WRKR
HWY
28.250
29.850
1.5
1.5
2.0
4.896
4.175
0.000
0.000
TRUCK DRIVER
E
ALL
1
33.850
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
2
34.100
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
3
34.300
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
E
ALL
4
34.500
34.500
1.5
1.5
2.0
8.150
8.500
0.000
0.150
TRUCK DRIVER
W
ALL
1
32.550
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK DRIVER
W
ALL
2
32.700
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK DRIVER
W
ALL
3
32.900
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TRUCK DRIVER
W
ALL
4
33.100
33.100
1.5
1.5
2.0
6.500
4.350
0.000
0.000
TUCKPOINTER
BLD
39.950
40.950
1.5
1.5
2.0
8.180
10.57
0.000
0.790
Legend:
RG (Region)
TYP (Trade Type - All ,Highway,Building,Floating,Oi1 & Chip,Rivers)
C (Class)
Base (Base Wage Rate)
FRMAN (Foreman Rate)
M -F >8 (OT required for any hour greater than 8 worked each day, Mon through Fri.
OSA (Overtime (OT) is required for every hour worked on Saturday)
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H/W (Health & Welfare Insurance)
Pensn (Pension)
Vac (Vacation)
Trng (Training)
Explanations
COOK COUNTY
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and
Veterans Day in some classifications /counties. Generally, any of
these holidays which fall on a Sunday is celebrated on the following
Monday. This then makes work performed on that Monday payable at the
appropriate overtime rate for holiday pay. Common practice in a given
local may alter certain days of celebration. If in doubt, please
check with IDOL.
TRUCK DRIVERS (WEST) - That part of the county West of Barrington
Road.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material /mold and hazardous
materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the
removal of asbestos materials /mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
Cook County Prevailing Wage for June 2012
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
tile -like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
not limited to thin -set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and /or similar materials.
The handling and unloading of all sand, cement, lime, tile,
fixtures, equipment, adhesives, or any other materials to be used in
the preparation, installation, repair, or maintenance of tile and /or
similar materials. Ceramic Tile Finishers shall fill all joints and
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of tile installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect tile
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re- tiled.
COMMUNICATIONS ELECTRICIAN
Installation, operation, inspection, maintenance, repair and service
of radio, television, recording, voice sound vision production and
reproduction, telephone and telephone interconnect, facsimile, data
apparatus, coaxial, fibre optic and wireless equipment, appliances and
systems used for the transmission and reception of signals of any
nature, business, domestic, commercial, education, entertainment, and
residential purposes, including but not limited to, communication and
telephone, electronic and sound equipment, fibre optic and data
communication systems, and the performance of any task directly
related to such installation or service whether at new or existing
sites, such tasks to include the placing of wire and cable and
electrical power conduit or other raceway work within the equipment
room and pulling wire and /or cable through conduit and the
installation of any incidental conduit, such that the employees
covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
Page 3 of 8
Cook County Prevailing Wage for June 2012
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installation of material and such other work as may
be required in helping a Marble Setter in the handling of all
material in the erection or installation of interior marble, slate,
travertine, art marble, serpentine, alberene stone, blue stone,
granite and other stones (meaning as to stone any foreign or domestic
materials as are specified and used in building interiors and
exteriors and customarily known as stone in the trade), carrara,
sanionyx, vitrolite and similar opaque glass and the laying of all
marble tile, terrazzo tile, slate tile and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes
for any of the aforementioned materials and which are used on interior
and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials;
field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting
proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with
Caisson Attachment; Batch Plant; Benoto (requires Two Engineers);
Boiler and Throttle Valve; Caisson Rigs; Central Redi -Mix Plant;
Combination Back Hoe Front End - loader Machine; Compressor and Throttle
Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete
Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete
Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom;
Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher,
Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and
Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels
or Front Endloader 2 -1/4 yd. and over; Hoists, Elevators, outside
type rack and pinion and similar machines; Hoists, One, Two and Three
Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom
Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor
Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid
Rig; Post Hole Digger; Pre - Stress Machine; Pump Cretes Dual Ram; Pump
Cretes: Squeeze Cretes -Screw Type Pumps; Gypsum Bulker and Pump;
Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor
Drawn; Slip -Form Paver; Straddle Buggies; Tournapull; Tractor with
Boom and Side Boom; Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete
Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2 -1/4 yd.; Hoists,
Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Rock Drill (Self- Propelled); Rock Drill
(Truck Mounted); Rollers, All; Steam Generators; Tractors, All;
Tractor Drawn Vibratory Roller; Winch Trucks with " A " Frame.
Page 4 of 8
Class 3. Air Compressor; Combination Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators; Hydraulic
Cook County Prevailing Wage for June 2012
Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3"
(1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well
Points; Welding Machines (2 through 5); Winches, 4 Small Electric
Drill Winches; Bobcats (up to and including % cu yd.) .
Class 4. Bobcats and /or other Skid Steer Loaders (other than bobcats
up to and including N cu yd.); Oilers; and Brick Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt
Heater Scarfire; Asphalt Spreader; Autograder /GOMACO or other similar
type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast
Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi -Mix
Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe
Bucket or over or with attachments); Concrete Breaker (Truck
Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete
Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower
Cranes of all types: Creter Crane: Crusher, Stone, etc.; Derricks,
All; Derrick Boats; Derricks, Traveling; Dowell Machine with Air
Compressor; Dredges; Formless Curb and Gutter Machine; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Lubrication Technician; Manipulators; Mucking
Machine; Pile Drivers and Skid Rig; Pre - Stress Machine; Pump Cretes
Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck
Mounted; Rock /Track Tamper; Roto Mill Grinder; Slip -Form Paver; Soil
Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic
Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached
pusher - two engineers); Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and /or
Mining Machines 5 ft. in diameter and over tunnel, etc; Underground
Boring and /or Mining Machines under 5 ft. in diameter; Wheel
Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve;
Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front
Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with
attachments); Compressor and Throttle Valve; Compressor, Common
Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 7S Series to and including 27 cu.
ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck
Cars (Haglund or Similar Type); Drills, All; Finishing Machine -
Concrete; Highlift Shovels or Front Endloader; Hoist - Sewer Dragging
Machine; Hydraulic Boom Trucks (All Attachments); Hydro- Blaster; All
Locomotives, Dinky; Off -Road Hauling Units (including articulating) /2
ton capacity or more; Non Self- Loading Ejection Dump; Pump Cretes:
Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller,
Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self - propelled;
Page 5 of 8
Cook County Prevailing Wage for June 2012
Scoops - Tractor Drawn; Self - Propelled Compactor; Spreader - Chip -
Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of
Size): Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over);
Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.;
Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw,
Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed
and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with
" A " Frame; Work Boats; Tamper- Form -Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling); Hydro- Blaster;
Light Plants, All (1 through 5); Pumps, over 3 (1 to 3 not to exceed
a total of 300 ft.); Pumps, Well Points; Tractaire; Welding Machines
(2 through 5); Winches, 4 Small Electric Drill Winches.
Class S. Bobcats (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Gradall and machines of like nature.
OPERATING ENGINEER - FLOATING
Class 1. Craft Foreman; Diver /Wet Tender; and Engineer (hydraulic
dredge) .
Class 2. Crane / Backhoe Operator; 70 Ton or over Tug Operator;
Mechanic /Welder; Assistant Engineer (Hydraulic Dredge); Leverman
(Hydraulic Dredge); Diver Tender; Friction and Lattice Boom Cranes.
Class 3. Deck Equipment Operator, Machineryman; Maintenance of Crane
(over 50 ton capacity); Tug /Launch Operator; Loader /Dozer and like
equipment on Barge; and Deck Machinery, etc.
Class 4. Deck Equipment Operator, Machineryman /Fireman (4 Equipment
Units or More); Off Road Trucks (2 ton capacity or more); Deck Hand,
Tug Engineer, Crane Maintenance 50 Ton Capacity and Under or Backhoe
Weighing 115,000 pounds or less; and Assistant Tug Operator.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
TRAFFIC SAFETY
Page 6 of 8
Work associated with barricades, horses and drums used to reduce lane
usage on highway work, the installation and removal of temporary lane
Cook County Prevailing Wage for June 2012
markings, and the installation and removal of temporary road signs.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST
Class 1. Two or three Axle Trucks. A -frame Truck when used for
transportation purposes; Air Compressors and Welding Machines,
including those pulled by cars, pick -up trucks and tractors;
Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck
Washers; Carry -alls; Fork Lifts and Hoisters; Helpers; Mechanics
Helpers and Greasers; Oil Distributors 2 -man operation; Pavement
Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors;
Self- propelled Chip Spreader; Skipman; Slurry Trucks, 2 -man operation;
Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled
Dumpman; and Truck Drivers hauling warning lights, barricades, and
portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards;
Dumpsters, Track Trucks; Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self - loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yards;
Ready -mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self - loading equipment or similar
equipment over 16 cubic yards; Explosives and /or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, 1 -man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, 1 -man operation; Winch trucks, 3 axles or more;
Mechanic - -Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual - purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
Self - loading equipment like P.B. and trucks with scoops on the front.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are
available. If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 217- 782 -1710 for wage rates or
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by
landscape plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
Page 7 of 8
Cook County Prevailing Wage for June 2012
Page 8 of 8
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER
DATE: MAY 30, 2012
SUBJECT: ELECTRIC AGGREGATION APPROVAL
The electric aggregation bids have been placed on the street and a response is due
back on the afternoon of June 5. On June 5 the consultant will provide a summary of the
bid results including various terms (1, 2, or 3 year periods) and the percentage of green
energy attributable to each term. Based on that summary the results will be forwarded
electronically to the Village Board ahead of the evening's meeting. At the Village Board
meeting the Village Board will be asked to accept a supplier, term and percentage of
green energy based on the per kilowatt rate.
The attached draft master power agreement should be considered for approval by the
Village Board pending final legal and staff approval. Once the power provider and terms
are approved the final draft will be include all the necessary elements for Mayoral
signature. Once approved the rate will be locked in for the chosen period and the
process of creating the communications materials for residents to consider regarding
opt out options will begin.
Staff and the Village consultant, David Hoover, will be present at the meeting if there
are any questions.
DAVID STRAHL
H: \VILM \COMEDWggregation \VB Cover Memo June 5 Bid Results.docx
MASTER POWER SUPPLY AGREEMENT
AGREEMENT BY AND BETWEEN THE MUNICIPALITY /CITY OF AND
TO PROVIDE FULL - REQUIREMENTS ELECTRICITY SUPPLY AND RELATED SERVICES
FOR THE VILAGE'S /CITY'S ELECTRIC AGGREGATION PROGRAM
This Agreement ( "Agreement "), is entered into as of this _
( "Effective Date ") between the MUNICIPALITY /CITY OF
municipal corporation ( "Municipality ") and
"Party" and collectively, the "Parties ").
RECITALS
( "Supplier ") (each a
A. The Municipality has established an Electricity Aggregation Program ( "Program ")
pursuant to the Aggregation Ordinance and the Aggregation Statute, and will conduct the Program as
an opt -out program pursuant to the Aggregation Ordinance and the Aggregation Statute.
B. In order to identify qualified suppliers of electricity for the Program, the Northern Illinois
Municipal Electric Collaborative ( "NIMEC ") conducted a Request for Qualifications and Joint
Power Supply Bid process.
C. The purpose of this Agreement is for the Supplier to provide the Full - Requirements
Electricity Supply Services and the Program Implementation Services as defined herein
(collectively, the "Services ") to all Eligible Customers who choose not to opt out of the Program
throughout the Term of this Agreement at the Price established in this Agreement.
D. The Supplier acknowledges and agrees that it has all certifications, authorizations,
qualifications, and approvals necessary pursuant to the Requirements of Law to sell Full -
Requirements Electricity Supply to Eligible Customers pursuant to this Agreement, including
without limitation that:
a. Supplier is certified by the Illinois Commerce Commission as a Retail Electric Supplier
and is authorized to sell Full- Requirements Electricity Supply to customers in the State of
Illinois utilizing the existing transmission and distribution systems of ComEd within the
service areas of ComEd;
b. Supplier is currently registered with ComEd to serve residential and small commercial
customers under Rate RESS - Retail Electric Supplier Service with Rider PORCB - Purchase
of Receivables and Consolidated Billing; and
day of , 2012
. an Illinois
c. Supplier has at least three years continuous experience as a Retail Electric Supplier and has
provided Full- Requirements Electricity Supply to at least 25,000 residential or commercial
customers.
d. Supplier acknowledges and agrees that it will provide the Services, including without
limitation Full- Requirements Electricity Supply to all Participating Customers, pursuant to
the Bid Package, the Bid Response, this Agreement, and the Requirements of Law.
e. The Municipality desires to enter into this Agreement with Supplier for the provision by
the Supplier of Full - Requirements Electricity Supply to all Eligible Customers pursuant tdb
the Program.
AGREEMENT
In consideration of the mutual covenants and agreements contained herein, the Municipality
and the Supplier agree as follows:
ARTICLE 1
RECITALS
1.1 The foregoing recitals are, by this reference, fully incorporated into and made part of this
Agreement.
ARTICLE 2
DEFINITIONS
The following terms shall have the meanings ascribed to them in this section:
2.1. "Aggregate" means the total number of Eligible Customers that are within the
jurisdictional boundaries of the Municipality.
2.2. "Aggregation Ordinance" means that certain ordinance adopted by the Municipality
authorizing the Program.
2.3. "Aggregation Statute" means Section 1 -92 of the Illinois Power Agency Act, 20 ILCS
3855/1 -92 and applicable rules and regulations of the Illinois Commerce Commission.
2.4. "Bid Package" means the bid documents provided to the pre - qualified bidders pursuant
to the Power Supply Bid and attached to this Agreement as Exhibit A.
2.5. "Bid Response" means the response submitted by the Supplier to the Bid Package, which
is attached to this Agreement as Exhibit B.
2.6. 'Billing Services" means those services described in Section 4.4 of this Agreement,
including all subsections of Section 4.4.
2.7. "ComEd" means Commonwealth Edison.
2.8. "Compliance Services" means those services identified in Section 4.5 of this Agreement,
including all subsections of Section 4.5.
2.9. "Confidential Information" means the information defined in Section 9 of this
Agreement.
2. 10. "Customer Information" means that certain information that the Electric Utility is
required to provide to the corporate authorities of the Municipality pursuant to the
Aggregation Statute, including without limitation those names and addresses and Electric
Utility account numbers of residential and small commercial retail customers in the
Aggregate area that are reflected in the Electric Utility's records at the time of the request.
2.11. "Data" means the data defined in Section 9 of this Agreement.
2.12. "Electric Utility" means ComEd.
2.13. "Eligible Customers" means residential and small commercial electricity customers
receiving Full- Requirements Electricity Supply within the Municipality who are eligible to
participate in the Program pursuant to the Aggregation Statute and the Requirements of Law.
2.14. "Energy" means generated electricity.
2.15. "Enrollment Services" means those services described in Section 4.3 of this Agreement,
including all subsections of Section 4.3.
2.16. "Extended Term" means the term defined in Section 5.1 of this Agreement.
2.17. "Force Majeure Event" means the circumstances defined in Section 7.1 of this
Agreement.
2.18. "Full- Requirements Electricity Supply" means all services or charges necessary to
provide the continuous supply of electricity to all Participating Customers, including, without
limitation, Energy, capacity, losses, renewable portfolio standard (RPS) charges, imbalances,
load factor adjustments, transmission costs, congestion charges, marginal losses, ancillary
services, taxes applicable only to the Supplier, and any additional necessary services or
charges.
2.19. "Full- Requirements Electricity Supply Services" means those portions of the Services
described in Section 4.1 of this Agreement, including all subsections of Section 4.1.
2.20. "ICC" means the Illinois Commerce Commission
2.21. "Independent System Operator" or "ISO" means that certain independent system
operator for the Electric Utility established pursuant to Section 16 -126 of the Public Utilities
Act, 220 ILCS 5/16 -626.
2.22. "Joint Power Supply Bid" means the bidding process conducted by NIMEC on behalf
of the Municipality to identify the Supplier.
2.23. "New Customers" means the customers defined in Section 4.3.9 of this Agreement.
2.24. "Opt -Out Notice" means the notices described in Section 4.2.1.1 of this Agreement and
provided to Eligible Customers informing them of their ability to opt -out of the Program
pursuant to the Requirements of Law:
2.25. "Opt -Out Period" means the time prior to the implementation of the Program during
which Eligible Customers may choose not to participate in the Program pursuant to the
Requirements of Law.
2.26. "Opt -Out Process" means the process defined in Section 4.2.1 of this Agreement.
2.27. "Participating Customers" means those Eligible Customers who do not opt out of the
Program and are not Special Billing Customers, and New Customers.
2.28. "Plan of Governance" or "POG" means that certain Plan of Operation and Governance
approved by the Municipality on , 2012, pursuant to the Aggregation Statute
2.29. "Point of Delivery" means the point specified by the Electric Utility at which the
Supplier must deliver the Full- Requirements Electricity Supply to the Electric Utility for
distribution to Participating Customers.
2.30. "Price" means the fixed price expressed in cents per kilowatt hour at which the Supplier
will provide the Services as set forth in Exhibit C to this Agreement.
2.31. "Program" means the electricity aggregation program operated by the Municipality in
accordance with the Aggregation Statute and authorized by the Aggregation Ordinance, to
aggregate residential and small commercial retail electrical loads located within the corporate
limits of the Municipality for the purpose of soliciting and entering into service agreements
to facilitate for those loads the sale and purchase of Full- Requirements Electricity Supply and
related Services.
2.32. "Program Implementation Services" means those portions of the Services described in
Section 4.2 of this Agreement, including all subsections of Section 4.2.
2.33. "Requirements of Law" means the Aggregation Ordinance, the Aggregation Statute, the
Plan of Governance, the rules and regulations of the ICC and Illinois Power Agency
(including the ICC Order in Case No. 11 -0434 issued on April 4, 2012), the rules, regulations
and tariffs applicable to the Electric Utility and the Independent System Operator, and all
other applicable federal, state, and local laws, orders, rules, and regulations, all as may be
hereinafter duly amended.
2.34. "Retail Electric Supplier" or "RES" means an "alternative retail electric supplier" as
that term is defined in Section 16 -102 of the Public Utilities Act, 220 ILCS 5/16 -102.
2.35. "Services" means the Full- Requirements Electricity Supply Services, Program
Implementation Services, Enrollment Services, Billing Services, and Compliance Services
provided in Article 4 of this Agreement.
2.36. "Special Billing Customers" means the customers defined in Section 4.3.8 of this
Agreement.
2.37. "Supplier" means
and the lawful successor, transferee,
designee, or assignee thereof.
2.38. "Tariffed Service" means the applicable tariffed services provided by the Electric
Utility as required by 220 ILCS 5/16 -103 at the rates established in ComEd's "Price to
Compare" for the applicable rate class, as posted on the ICC website, which includes
ComEd's electricity supply charge plus ComEd's transmission series charge, but does not
include ComEd's purchased electricity adjustment.
2.39. "Term" means the period of time defined in Section 5.1 of this Agreement.
2.40. "Municipality" means the Municipality /City of
2.41. "Withdrawing Customer" means a customer defined in Section 4.3.6 of this Agreement.
ARTICLE 3
PROGRAM RESPONSIBILITIES
3.1 Municipality Responsibilities.
3.1.1 Customer Information. The Municipality shall, with the assistance of the Supplier,
pursuant to the Requirements of Law, obtain the Customer Information from ComEd.
3.1.2 Notices and Customer Information from ComEd. The Municipality shall promptly
forward to Supplier the Customer Information received from ComEd and each Party will
promptly provide to the other Party any notices received by that Party from ComEd
concerning the accounts of Eligible or Participating Customers.
3.1.3 Submittals to ComEd. The Municipality shall, with the assistance of Supplier, submit
to ComEd (a) the "Government Authority Aggregation Form ", (b) a list of Eligible
Customers who are not Participating Customers because they have elected to opt out of the
Program, and (c) a list of all Participating Customers.
3.1.4 No Municipality Obligations to Provide Services. The Parties acknowledge and agree
that the Municipality is not responsible to provide, and this Agreement shall not be construed
to create any responsibility for the Municipality to provide, the Services to any person or
entity, including without limitation the Supplier, the Electric Utility, the ISO, Eligible
Customers, Special Billing Customers, New Customers or Participating Customers.
3.1.5 No Municipality Financial Responsibility. The Parties acknowledge and agree that
this Agreement does not impose or create, and shall not be construed to create, any financial
obligation of the Municipality to any other person or entity, including without limitation the
Supplier, the Electric Utility, the ISO, Eligible Customers, Special Billing Customers, or
Participating Customers.
3.2 Supplier Obligations.
3.2.1 Provision of Services. The Supplier will provide all of the Services described in
Article 4 of this Agreement throughout the Term, including but not limited to the provision
of sufficient Full- Requirements Electricity Supply to allow the Electric Utility to deliver and
distribute uninterrupted electric service to all Participating Customers. The Supplier
acknowledges and agrees that the Municipality is not responsible to provide, and shall not be
liable to the Supplier or any Eligible Customer for any failure to provide, any Services
pursuant to this Agreement.
3.2.2 Compliance with the Requirements of Law. Supplier shall comply with all
Requirements of Law.
3.2.3 Supplier Press Releases. The Supplier may issue press releases concerning the
Program that are approved in advance by the Municipality prior to issuance.
3.2.4 That all information provided by The Supplier to Municipality or any of its
agents relating to this Agreement in any way shall be true and accurate in all respects at all
times.
ARTICLE 4
SUPPLIER SERVICES
4.1 Full Requirements Electricity Supply: The Supplier must supply the following Full -
Requirements Electricity Supply Services as provided in this Section 4.1.
4. 1.1 Scheduling, Transmission and Delivery of Full- Requirements Electricity Supply.
4.1.1.1 Generally. The Supplier shall take all actions necessary to arrange for the
scheduling, transmission, and delivery of Full- Requirements Electricity Supply to the
Electric Utility for distribution to all Participating Customers.
4.1.1.2 Scheduling. Supplier shall schedule the Full- Requirements Electricity Supply
for distribution as required by the ISO and the Electric Utility.
4.1.1.3 Distribution and Transmission Rights. Supplier will arrange for necessary
distribution and transmission rights necessary for the delivery of the Full -
Requirements Electricity Supply to the Electric Utility hereunder.
4.1.1.4 Transmission and Delivery to Electric Utility.
4.1.1.4.1 Transmission and Delivery. Supplier will cause to be transmitted and
delivered to the Electric Utility at the Delivery Point sufficient Energy to
provide continuous Full- Requirements Electricity Supply to all Participating
Customers. The Municipality acknowledges that the Electric Utility, and not
the Supplier, is responsible for the distribution of the Full- Requirements
Electricity Supply to the Participating Customers after delivery by the
Supplier to the Delivery Point, and that Supplier does not take responsibility
for the distribution of the Full - Requirements Electricity Supply to
Participating Customers after the Supplier provides Full- Requirements
Electricity Supply to the Point of Delivery.
4.1.1.4.2 Failure of Delivery. Supplier acknowledges and agrees that if the
Supplier fails to comply with any requirement related to the Full -
Requirements Electricity Supply to the Participating Customers pursuant to
this Agreement, including without limitation if Supplier fails to schedule all or
part of the Full- Requirements Electricity Supply for any Participating
Customer, Supplier shall be solely responsible for any additional costs,
charges, or fees incurred because of such failure, and shall not pass through
any such additional costs, charges, or fees to Participating Customers.
4.1.2 Pricing. Except as provided in Section 4.1.3 of this Agreement, the Supplier shall
receive the Price in full payment for all Services, and shall not be entitled to any additional
costs, adjustments, charges, fees, or any other payments or compensation, except that the
Supplier may impose an early termination fee on Withdrawing Customers pursuant to
Section 4.3.5 of this Agreement. The Municipality acknowledges that the Price does not
include sales or other consumer -based taxes applicable to Participating Customers or other
taxes that are not applicable to the Supplier..
4.1.3
Price Guarantee. If the rates for Tariffed Service to a particular rate class are set
below the Price during the Term of this Agreement, Seller will either (a) provide the Services
to Participating Customers in such class at a price equal to the rate for Tariffed Services, or
(b) after taking all steps necessary to return all Participating Customers to the Electric Utility,
terminate this Agreement without damages or early termination fees to either Party.
Notwithstanding the foregoing, termination under this Section 4.1.3 may be avoided if the
Municipality determines that the Aggregation Program should remain in place at the Price
without the need to match. In such an event, the Parties shall enter into a written agreement
and the Municipality shall not waive any rights set forth herein by allowing the Price to
remain in place without the need to match unless the Municipality specifically agrees in
writing.
4.2 Program Implementation Services. The Supplier must supply the following Program
Implementation Services as provided in this Section 4.2:
4.2.1 Opt -Out Process. Supplier, at its sole cost and expense, shall, with the assistance of
the Municipality, administer the process by which Eligible Customers are provided with the
opportunity to opt -out of the Program prior to its implementation (the "Opt -Out Process "),
including, but not limited to, the following:
4.2.1.1 Opt -Out Notices. Supplier, at its own expense, shall be fully responsible to prepare
and mail form Opt -Out Notices to all Eligible Customers as required pursuant to the
Requirements of Law. Opt -Out Notices must include all information required pursuant to the
Requirements of Law, including without limitation including the terms and conditions of
participation in the Program, the cost to the Customer of Full - Requirements Electricity
Supply under the Program, the methods by which Customers may opt out of the Program,
and the length of the Opt -Out Period. The Opt -Out Notices must prominently include the
toll -free telephone number and secure website described Section 4.2.1.3. The form and
content of the Opt -Out Notices must be approved by the Municipality prior to mailing by the
Supplier. In addition to the Opt -Out Notices, the Supplier will provide Participating
Customers with terms and conditions for the provision of Full Requirements Electric Supply
to those Participating Customers, which terms and conditions shall comply with and
accurately reflect all of the requirements of this Agreement and the Requirements of Law and
shall be substantially similar to the form attached in Exhibit F.
4.2.1.2 Notices to Special Billing Customers. The Municipality acknowledges that the
Municipality may provide notices to Special Billing Customers concerning the Program, the
Price, the rates charged to Special Billing Customers under their existing service, and the
opportunity for Special Billing Customers to opt in to the Program as provided in Section
4.3.9 of this Agreement.
4.2.1.3 Toll Free Number and Secure Website. In addition to receiving completed Opt -Out
Notices from Eligible Customers by mail, the Supplier shall, at its own expense, provide,
operate, and maintain a toll -free number and secure website for the use of Eligible Customers
to opt out of the Program. The toll -free number must be operational during normal business
hours and the secure website must be operational 24 hours a day, seven days a week during
the Opt -Out Period. The Opt -Out Notices must prominently include both the toll -free number
and the internet address of the secure website. Supplier will be required to support Spanish
speaking residents and customers with disabilities.
4.2.1.4 Reporting. During the Opt -Out Period, Supplier is responsible for receipt of all Opt -
Out Notices. Supplier must assemble, track, and report to the Municipality concerning the
delivery and receipt of all Opt -Out Notices to and from Eligible Customers, including
without limitation providing the Municipality with complete information concerning all
Eligible Customers who choose to opt -out of the Program whether by mail, telephone, or the
secure website.
4.2.2 Required Disclosures. Supplier shall provide Eligible Customers with all information
required to be disclosed to Eligible Customers concerning Full- Requirements Electricity
Supply and the Program pursuant to the Requirements of Law, including without limitation
all information required to be included in the Opt -Out Notices.
4.3 Enrollment Services. The Supplier must supply the following Enrollment Services as
provided in this Section 4.3:
4.3.1 Record of Participating Customers. Following the completion of the Opt -Out Period,
the Supplier shall be responsible to compile a complete list of all Participating Customers and
those Eligible Customers who have opted out of the Program, and shall ensure that no
Eligible Customers who have opted out are enrolled in the Program.
4.3.2 Enrollment. Upon completion of the Opt -Out Process and the identification of all
Eligible Customers who have opted out of the Program, the Supplier shall, at its sole cost and
expense, take all actions necessary to enroll Participating Customers in the Program pursuant
to the Requirements of Law.
4.3.3 Term of Enrollment. Participating Customers who do not opt out of the Program shall
be enrolled in the Program by the Supplier, and shall remain enrolled in the Program until
the end of the Term, unless the Agreement is terminated pursuant to its terms or the
Participating Customer withdraws from the Program pursuant to Section
4.3.6 of this Agreement
4.3.4 Direct Access Service Request. The Supplier shall submit a direct access service
request to ComEd for each Participating Customer in compliance with the "standard
switching" subsection of Rate RDS - Retail Delivery Service, in order to allow Full -
Requirements Electricity Supply to commence following the Municipality's implementation
schedule which is attached as Exhibit E.
4.3.5 Payment of Switching Fees. The Supplier shall reimburse Participating Customers for
any switching fee imposed by the Electric Utility related to the enrollment of a Participating
Customer in the Program within 30 days of receiving notice of such switching fee. The
Supplier shall not be responsible to pay any switching fees imposed on Participating
Customers who switch service from an alternative retail electric supplier.
4.3.6 Withdrawal by a Participating Customer. For Participating Customers who notify the
Supplier after the completion of the Opt -Out Period that the Participating Customer desires to
withdraw from the Program ( "Withdrawing Customer "), the Supplier must, at the direction of
the Participating Customer, drop the Participating Customer from the Supplier's Full -
Requirements Electricity Supply on the next available meter read, which will result in
restoring the Participating Customer to Tariffed Service. The Supplier may assess an early
termination fee of $ to Withdrawing Customers, provided that no early termination fee
may be assessed to Withdrawing Customers who notify the Supplier that they are
withdrawing because they are moving out of the Municipality.
4.3.7 Customer Service Inquiries. After completion of the Opt -Out Period, Supplier must
maintain and operate a toll -free telephone number and internet website for the purpose of
receiving questions and comments from Participating Customers concerning the Full -
Requirements Electricity Supply. The Supplier may inform Participating Customers that
questions about the delivery and billing of the Full- Requirements Electricity Supply should
be directed to ComEd. Supplier must promptly and courteously address customer service
inquiries in a manner that meets or exceeds the ICC requirements for the operation of call
centers.
4.3.8 Special Billing Customers. Subject to the Requirements of Law and due to the minimal
and /or fixed nature of their existing billing rates, the following Eligible Customers shall not
be automatically enrolled in the Program, but may subsequently elect to enroll in the
Program as New Customers pursuant to Section 4.3.9 of this Agreement:
4.3.8.1. Any Eligible Customer to which the following ComEd delivery classes are
applicable:
• Residential Single Family With Electric Space Heat Delivery Class
• Residential Multi Family With Electric Space Heat Delivery Class
4.3.8.2. Any Eligible Customer in the residential customer class, as described in
Section 4.4.2 of this Agreement, that is taking service under the following ComEd rates:
• Rate BESH — Basic Electric Service Hourly Pricing
• Rate RDS — Retail Delivery Service; and
4.3.8.3. Any Eligible Customer in the commercial customer class, as described in
Section 4.4.2 of this Agreement, that is taking service under the following ComEd rates:
• Rate BESH — Basic Electric Service Hourly Pricing
• Rate RDS — Retail Delivery Service. (collectively, the "Special Billing Customers ")
4.3.9 New Customers. After the commencement of the Program and the enrollment of
Participating Customers, the Supplier shall, at the request of a New Customer, as defined in
this Section 4.3.9, immediately enroll the following customers in the Program and provide
Full- Requirements Electricity Supply to those customers at the Price:
4.3.9.1.Any Eligible Customer within the Municipality that moves to a new location
within the Municipality;
4.3.9.2.Any Eligible Customer that moves into an existing location within the
Municipality;
4.3.9.3 Any Eligible Customer that previously opted out of the Program during the
Opt -Out Period; and
4.3.9.4 Any Eligible Customer that was inadvertently omitted from the list of
Participating Customers and not enrolled in the Program. (collectively, the
"New Customers ").
4.4 Billing Services. The Supplier must supply the following Billing Services as provided
in this Section 4.4:
4.4.1 Billing Generally. Supplier shall confirm that billing to Eligible Customers will be
provided by ComEd under a consolidated billing format pursuant to "Rider PORCB —
Purchase of Receivables and Consolidated Billing," and pursuant to the Requirements of
Law. The Municipality acknowledges and agrees that ComEd will bill Participating
Customers for the Price of the Full- Requirements Electricity Supply as part of its billing for
the distribution of such supply, and that the Supplier shall not be responsible for billing
Participating Customers
4.4.2 Customer Classes. Eligible Customers shall be categorized within either the
residential or commercial customer classes according to the applicable rates under which
they received electricity supply from ComEd prior to participating in the Program.
4.4.2.1 Residential Customer Class. The residential customer class shall include
Participating Customers taking service from ComEd under the following rates:
• Residential Single Family Without Electric Space Heat Delivery Class
• Residential Multi Family Without Electric Space Heat Delivery Class
4.4.2.1 Commercial Customer Class. The commercial customer class shall include
those Participating Customers taking service from ComEd under the following rates:
• 15,000 kWh's or less Delivery Class
4.5 Compliance Services. The Supplier shall assist the Municipality in complying with
any current or future Requirements of Law concerning the operation of the Program,
including without limitation the provision of reports or other information as the Municipality
may reasonably request from time to time.
4.6 Following the completion of the Opt -Out Period, the Supplier shall be responsible to compile
a complete list of all Participating Customers in the Program. Supplier will update this list as
new customers are added and deleted. Supplier will make this list available to the Municipality
at any time the Municipality requests the list. Additionally, within 120 days of the end of this
agreement, Supplier will make the Program's load data by rate class available to the
Municipality. Load data shall include:
• Historical Usage Data
• Capacity Peak Load Contribution (PLC) values and effective start and end dates.
• Network Service Peak Load Contribution (PLC) values and effective start and end dates.
• Meter Bill Group Number.
• Rate Code.
ARTICLE 5
TERM
5.1 Term. This Agreement commences as of the Effective Date and is for a term of
(___) consecutive monthly billing periods starting from the initial meter read date designated by the
Municipality in consultation with the Supplier in 2012, and expires at the end of the last day
of the _th billing cycle for the Participating Customer(s) with the latest billing cycle (the "Term ").
The Municipality and the Supplier may extend the Term for additional periods of time up to 3 years
for each extension, by written agreement approved and executed by each Party (each an "Extended
Term "). Nothing in this Article 5 related to the Term or the possibility of agreement to an Extended
Term may be construed or applied in any manner to create any expectation that any right or authority
related to this Agreement granted by the Municipality to the Supplier will continue beyond the Term
or an approved Extended Term. Notwithstanding the provisions of this Section 5. 1, if the rate for
Tariffed Service falls below the Price during the Term, the Supplier may terminate this Agreement
after returning Participating Customers to Tariffed Service as provided in Section 4.1.3 of this
Agreement.
5.2 In the event this agreement is not renewed or terminated for any reason, including expiration
according to its terms, the Municipality may choose another RES or Retail Electric Supplier and
Supplier shall allow all Participating Customers to be switched to the selected RES, or all
Participating Customers shall be switched by the Supplier to service with ComEd in accord with the
standard switching rules and applicable notices or as otherwise required by any applicable law or
regulation.
ARTICLE 6
REMEDIES AND TERMINATION
6.1 Municipality's General Remedies. In addition to every other right or remedy provided to the
Municipality under this Agreement, if the Supplier fails to comply with any of the provisions of this
Agreement (for reason other than a Force Majeure Event pursuant to Section 7.1 of this Agreement
or a Regulatory Event pursuant to Section 7.2 of this Agreement, then the Municipality may give
notice to the Supplier specifying that failure. The Supplier will have 15 calendar days after the date
of that notice to take all necessary steps to comply fully with this Agreement, unless (a) this
Agreement specifically provides for a shorter cure period or (b) an imminent threat to the public
health, safety, or welfare arises that requires a shorter cure period, in which case the notice must
specify the cure period, or (c) compliance cannot reasonably be achieved within 15 calendar days but
the Supplier promptly commences a cure and diligently pursues the cure to completion. If the
Supplier fails to comply within that 15 -day period, or the shorter period if an imminent threat, or if
the Supplier fails to promptly commence a cure and diligently pursue the cure to completion, then
the Municipality, subject to the limits of applicable federal or State of Illinois law, may take any one
or more of the following actions:
6.1.1 Seek specific performance of any provision of this Agreement or seek other equitable
relief, and institute a lawsuit against the Supplier for those purposes.
6.1.2 — Institute a lawsuit against the Supplier for breach of this Agreement and, except as
provided in Section 6.3 of this Agreement, seek remedies and damages as the court
may award.
6.1.3 In the case of noncompliance with a material provision of this Agreement, declare
this Agreement to be terminated in accordance with the following:
6.1.3.1 The Municipality will give written notice to the Supplier of the Municipality's
intent to terminate this Agreement ( "Termination Notice "). The notice will set
forth with specificity the nature of the noncompliance. The Supplier will have
30 calendar days after receipt of the notice to object in writing to termination,
to state its reasons for that objection, and to propose a remedy for the
circumstances. If the Municipality has not received a response from the
Supplier, or if the Municipality does not agree with the Supplier's response or
any remedy proposed by the Supplier, then the Municipality will conduct a
hearing on the proposed termination. The Municipality will serve notice of
that hearing on the Supplier at least 10 business days prior to the hearing,
specifying the time and place of the hearing and stating the Municipality's
intent to terminate this Agreement.
6.1.3.2 At the hearing, the Supplier will have the opportunity to state its position on
the matter, present evidence, and question witnesses. Thereafter, the
Municipality will determine whether or not this Agreement will be terminated.
The hearing must be public and held on record.
6.1.3.3 The decision of the Municipality must be in writing and delivered to the
Supplier by certified mail.
If the rights and privileges granted to the Supplier under this Agreement are terminated, then the
Supplier, within 14 calendar days after the Municipality's demand, must reimburse the Municipality
for all costs and expenses incurred by the Municipality, including, without limitation, reasonable
attorneys' fees, in connection with that termination of rights or with any other enforcement action
undertaken by the Municipality.
6.2 Actions on Termination or Expiration of this Agreement. This Agreement shall terminate
upon the expiration of the Term or an Extended Term, as applicable (with the understanding that the
expiration of service for any particular Participating Customer will be tied to that customer's billing
cycle), or the Municipality's termination of the Agreement pursuant to Section 6.1 or 4.1.2. Upon
termination as a result of expiration of the Term (absent agreement upon an Extended Term), or
upon termination as a result of expiration of an Extended Term, as applicable, Supplier shall return
Participating Customers to Tariffed Service upon expiration of the Term or Extended Term, as
applicable, on the first available meter read. In the event of the Municipality's termination of the
Agreement prior to the end of the Term or Extended Term pursuant to Section 6. Lc, as applicable,
Supplier shall return Participating Customers to Tariffed Service on the second available meter read
in order to provide the opportunity for Participating Customers to identify alternate sources of
electrical supply prior to returning to Tariffed Service. Participating Customers shall not be liable for
any termination fee as a result of such termination or expiration in accordance with the preceding
sentences of this Section 6.2. Supplier shall not be responsible to any Participating Customer for any
damages or penalties resulting from the return to Tariffed Service, including claims relating to the
Tariffed Service price being higher than the Price herein.
6.3 Limitation of Liability. Except for the Supplier's failure to provide Full- Requirements
Electricity Supply to Participating Customers or the disclosure of Customer Information in violation
of the Requirements of Law, or as otherwise specifically provided herein, in no event will either
Party be liable to the other Party under this Agreement for incidental, indirect, special, or
consequential damages connected with or resulting from performance or non - performance of this
Agreement, irrespective of whether such claims are based upon breach of warranty, tort (including
negligence of any degree), strict liability, contract, operation of law or otherwise.
ARTICLE 7
FORCE MAJEURE EVENTS AND REGULATORY EVENTS
7.1 Force Majeure Events. The Supplier shall not be held in default under, or in noncompliance
with, the provisions of the Agreement, nor suffer any enforcement or penalty relating to
noncompliance or default (including termination, cancellation or revocation of the Franchise), where
such noncompliance or alleged defaults occurred or were caused by a "Force Majeure Event,"
defined as a strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm,
hurricane, tornado or other catastrophic act of nature, labor disputes, or other event that is reasonably
beyond the Supplier's ability to anticipate or control.. Non - compliance or default attributable to a
Force Majeure Event shall be corrected within a reasonable amount of time after the Force Majeure
Event has ceased.
7.2 Regulatory Event. The following shall constitute a "Regulatory Event ":
a. Illegality It becomes unlawful for a Party to perform any obligation under this
Agreement due to the adoption of, or change in the interpretation of any applicable
law by any judicial or government authority with competent jurisdiction.
b. Adverse Government Action A regulatory, legislative or judicial body (A) requires
a material change to the terms of this Agreement that materially and adversely affects
a Party or (B) takes action that adversely and materially impacts a Party's ability to
perform, or requires a delay in the performance of this Agreement that either Party
determines to be unreasonable or (C) orders a change or modification that affects the
Program such that either Party's obligations hereunder are materially changed, and the
change is not deemed a Force Majeure Event.
C. New Charges. Any material increase in generation, energy, or utility taxes or
charges enacted and effective after the Effective Date of this Agreement. The
imposition of such tax or charge after the Effective Date of this Agreement is not
subject to automatic pass - through in Price, but would only constitute a Regulatory
Event if the imposition of the charge materially and adversely affects Supplier's
ability to perform.
d. Occurrence of Re ug latory Event Within ten (10) days of the occurrence of a
Regulatory Event, the adversely affected Party shall give notice to the other Party that
such event has occurred. Within thirty (30) days, or such other period as the Parties
may agree in writing, the Parties shall enter into good faith negotiations to amend or
replace this Agreement so that the adversely affected Party is restored as nearly as
possible to the economic position it would have been in but for the occurrence of the
Regulatory Event. If the Parties are unable to agree upon an amendment to this
Agreement, within thirty (30) days or such other period as the Parties may agree in
writing, the adversely affected Party shall have the right, upon ten (10) days prior
written notice, to terminate and close out its obligations under this Agreement.
ARTICLE 8
INDEMNIFICATION AND INSURANCE
8.1 Indemnification. The Supplier shall indemnify and hold harmless the Municipality, its
officers, employees, agents, and attorneys, from and against any third party injuries, claims,
demands, judgments, damages, losses and expenses, including reasonable attorney's fees and costs
of suit or defense, arising from the Supplier's provision of the Services, except to the extent caused
by the sole negligence of the Municipality.. This duty shall survive for all claims made or actions
filed within one (1) year following either the expiration or earlier termination of this Agreement. The
Municipality shall give the Supplier timely written notice of its obligation to indemnify and defend
the Municipality after the Municipality's receipt of a claim or action pursuant to this Section. For
purposes of this Section, the word "timely" shall mean within a time period that does not cause
prejudice to the respective positions of the Supplier and/or the Municipality. Nothing herein shall be
construed to limit the Supplier's duty to indemnify the Municipality by reference to the limits of
insurance coverage described in this Agreement.
8.2 Insurance. Contemporaneous with the Supplier's execution of this Agreement, the Supplier
shall provide certificates of insurance, all with coverages and limits as set forth in Exhibit D to this
Agreement. For good cause shown, the Municipality Manager, Municipality Administrator, or his or
her designee may extend the time for submission of the required policies of insurance upon such
terms, and with such assurances of complete and prompt performance, as the Municipality Manager,
Municipality Administrator, or his or her designee may impose in the exercise of his sole discretion.
Such certificates and policies shall be in a form acceptable to the Municipality and from companies
with a general rating of A minus, and a financial size category of Class X or better, in Best's
Insurance Guide. Such insurance policies shall provide that no change, modification in, or
cancellation of, any insurance shall become effective until the expiration of 30 days after written
notice thereof shall have been given by the insurance company to the Municipality. The Supplier
shall, at all times during the term of this Agreement, maintain and keep in force, at the Supplier's
expense, the insurance coverages provided above.
ARTICLE 9
CONFIDENTIAL INFORMATION
9.1 Confidential and Proprietary Information. Notwithstanding anything to the contrary set forth
herein, the Parties are not required to disclose information which they reasonably deem to be
proprietary or confidential in nature. The Parties agree that any information disclosed by a Party and
designated as proprietary and confidential shall only be disclosed to those officials, employees,
representatives, and agents of the other Party that have a need to know in order to administer and
enforce this Agreement. For purposes of this Section, the terms "proprietary or confidential" include,
but are not limited to, information relating to a Party's corporate structure and affiliates, marketing
plans, financial information unrelated to the calculation of the Price or rates pursuant to the
Requirements of Law, or other information that is reasonably determined by a Party to be
competitively sensitive. A Party may make proprietary or confidential information available for
inspection but not copying or removal by the other Party's representatives. Compliance by the
Municipality with the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. ( "Illinois FOIA "),
including compliance with an opinion or directive from the Illinois Public Access Counselor or the
Illinois Attorney General under the Illinois FOIA, or with a decision or order of a court with
jurisdiction over the Municipality, shall not be a violation of this Section.
9.2 Ownership of Data and Documents. All data and information, regardless of its format,
developed or obtained under this Agreement ( "Data "), other than the Supplier's confidential
information, will be and remain the sole property of the Municipality. The Supplier must promptly
deliver all Data to the Municipality at the Municipality's request. The Supplier is responsible for the
care and protection of the Data until that delivery. The Supplier may retain one copy of the Data for
the Supplier's records subject to the Supplier's continued compliance with the provisions of this
Agreement.
9.3 Limitations on Customer Information. Both Parties acknowledge and agree that the Customer
Information is subject to, and must be maintained in compliance with, the limitations on disclosure
of the Customer Information established by the Requirements of Law, including without limitation
the Aggregation Statute, Section 16 -122 of the Public Utilities Act, 220 ILCS 5/16 -102, and Section
2HH of the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2HH.
9.4 Limitations on Customer Information. Both Parties acknowledge and agree that the
Customer Information is subject to, and must be maintained in compliance with, the limitations on
disclosure of the Customer Information established by the Requirements of Law, including without
limitation the Aggregation Statute, Section 16 -122 of the Public Utilities Act, 220 ILCS 5/16 -102,
Section 2HH of the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2HH, the
ICC Order in Case No. 11 -0434 issued April 4, 2012, and the provisions of ComEd's Tariff Rate
GAP. Municipality shall warrant to ComEd that customer - specific information provided to the
Municipality in accordance with the provisions of ComEd's Tariff Rate GAP shall be treated as
confidential. To protect the confidentiality of Customer Information:
9.4.1 Supplier access to Customer Information is limited those authorized representatives
of Supplier, or any third party, who have a need to know the information for purposes of this
Agreement.
9.4.2 Supplier warrants that it will not disclose, use, sell, or provide Customer
Information to any person, firm or entity for any purpose outside of the aggregation
program.
9.4.3 Supplier and Municipality acknowledge that Customer Information remains the
property of the Municipality and that material breaches of confidentiality will prohibit
Supplier from placing any new bids to the Municipality's subsequent Request(s) for
Qualifications for a period of one year after termination of this Agreement.
9.4.4 Supplier warrants that it will delete and/or destroy the Customer Information
described in Items 18 through 23 of the Company Obligations Section of ComEd's Tariff
Rate GAP, and provided by Municipality, within 60 days after ComEd provides the
information to Municipality. Municipality will offer its assistance to ensure that Supplier
meets these requirements and deadlines.
9.5 Proprietary Rights, Survival. Each Party acknowledges the proprietary rights of the other
Party in and to the Confidential Information. The obligations under this Article Nine shall survive
the conclusion or termination of this Agreement for two (2) years.
ARTICLE 10
MISCELLANEOUS
10.1 Notices. Any notices, requests or demands regarding the services provided under this
Agreement and the Attachments shall be deemed to be properly given or made (i) if by hand
delivery, on the day and at the time on which delivered to the intended recipient at its address set
forth in this Agreement; (ii) if sent by U.S. Postal Service mail certified or registered mail, postage
prepaid, return receipt requested, addressed to the intended recipient at its address shown below; or
(iii) if by Federal Express or other reputable express mail service, on the next Business Day after
delivery to such express service, addressed to the intended recipient at its address set forth in this
Agreement. The address of a Party to which notices or other communications shall be mailed may be
changed from time to time by giving written notice to the other Party.
To Municipality
With a copy to:
To Supplier
With a copy to:
10.2 Mutual Representations and Warranties. Each Party represents and warrants to the other
Party, as of the date of this Agreement, that:
a. It is duly organized and validly existing under the laws of the jurisdiction of its
organization or incorporation, and if relevant under such laws, in good standing;
b. It has the corporate, governmental and/or other legal capacity, authority and power to
execute, deliver and enter into this Agreement and any other related documents, and
perform its obligations under this Agreement, and has taken all necessary actions and
made all necessary determinations and findings to authorize such execution, delivery and
performance;
c. The execution, delivery and performance of this Agreement does not violate or conflict
with any law applicable to it, any provision of its constitutional documents, any order or
judgment of any court or other agency of government applicable to it or any of its assets
or any contractual restriction binding on or affecting it or any of its assets; and
d. It has reviewed and understands this Agreement; and
e. It, to the extent applicable, shall comply with all the Requirements of Law.
10.3 Supplier agrees that all information presented in its Response to Qualifications for Municipal
Aggregated Electricity Supply For Member Communities of the Northern Illinois Municipal Electric
Collaborate, dated , are accurate and there have been no material changes to that
information. Any exceptions are noted on attached exhibit and made part of this agreement.
10.4 Entire Agreement. This Agreement and the response to qualifications referenced in 10.3,
including all Attachments hereto, contains all of the terms and conditions of this Agreement reached
by the Parties, and supersedes all prior oral or written agreements with respect to this Agreement.
This Agreement may not be modified, amended, altered or supplemented, except by written
agreement signed by both Parties hereto. No waiver of any term, provision, or conditions of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be,
or shall constitute a waiver of any other provision hereof, whether or not similar, nor shall such
waiver constitute a continuing waiver, and no waiver shall be binding unless executed in writing by
the Party making the waiver.
10.5 Exhibits. Exhibits A through F attached to this Agreement are, by this reference, incorporated
into and made part of this Agreement.
10.6 Waivers. The failure of either Party to insist upon strict performance of such requirements or
provisions or to exercise any right under this Agreement shall not be construed as a waiver or
relinquishment of such requirements, provisions or rights.
10.7 Applicable Law. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Illinois without regard for the conflicts of law provisions thereof.
10.8 Controlling Provisions. In the event of any inconsistency between the terms herein and the
terms of the Exhibits hereto, the provisions of the Agreement shall control.
10.9 Severability. Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions or affecting the validity or
enforceability of such provision in any other jurisdiction. The non - enforcement of any provision by
either Party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or the remainder of this Agreement.
10.10 Venue. Except as to any matter within the jurisdiction of the ICC, all judicial actions relating
to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be
brought in the Circuit Court of the State of Illinois, County, Illinois. Any matter brought
pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of
the Northern District of Illinois.
10.11 No Third -Party Beneficiaries. Nothing in this Agreement is intended to confer third -party
beneficiary status on any person, individual, corporation or member of the public to enforce the
terms of this Agreement.
10.12 No Waiver of Rights. Nothing in this Agreement shall be construed as a waiver of any rights,
substantive or procedural, that the Municipality may have under Federal or state law unless such
waiver is expressly stated herein.
10.13 Validity of Agreement. The Parties acknowledge and agree in good faith on the validity of
the provisions, terms and conditions of this Agreement, in their entirety, and that the Parties have the
power and authority to enter into the provisions, terms, and conditions of this Agreement.
10.14 Authority to Sign Agreement. Each Party warrants to the other Party that it is authorized to
execute, deliver and perform this Agreement. The individual signing this Agreement on behalf of
each Party warrants to the other Party that he /she is authorized to execute this Agreement in the
name of the Party for which he /she is signing.
10.15 Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the
Municipality and the Supplier and their respective successors, grantees, lessees, and assigns
throughout the Term of this Agreement.
10.16 Non - Assignability. This Agreement shall not be transferred or assigned by the Supplier
without the express written authorization of the Municipality.
10.17 Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which shall together constitute one instrument.
IN WITNESS WHEREOF, the Parties have duly executed this Agreement to be effective on the date
first written above.
Supplier:
Signed:
Printed/Typed Name:
Municipality:
Signed:
Printed /Typed Name:
Title: Title:
Date: Date:
Attest: Attest:
EXHIBIT A
BID PACKAGE
EXHIBIT B
BID RESPONSE
D Ili
PRICE
Residential Customer Class Price
per KWh*
Commercial Customer Class Price:
per KWh*
Termination Fee for Withdrawing Customers:
Residential: $ per utility account
Commercial: $ per utility account
Term: months
EXHIBIT D
INSURANCE COVERAGES
A Worker's Compensation and Employer's Liability with limits not less than:
u Worker's Compensation: Statutory;
(� Employer's Liability:
$500,000 injury-per occurrence
$500,000 disease -per employee
$500,000 disease - policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
B Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily
injury and property damage of not less than $1,000,000 for vehicles owned, non - owned,
or rented.
All employees shall be included as insureds.
C. Comprehensive General Liability
a. with coverage written on an "occurrence" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on an "occurrence" bases.
Coverages shall include:
Broad Form Property Damage Endorsement
Blanket Contractual Liability (must expressly cover the indemnity
provisions of the Contract)
b. with coverage written on a "claims made" basis with limits no less than:
$1,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on an "claims made" bases.
Coverages shall include:
Broad Form Property Damage Endorsement
Blanket Contractual Liability (must expressly cover the indemnity
provisions of the Contract)
D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per
occurrence and $2,000,000 in the aggregate and covering Consultant against all sums
that Consultant may be obligated to pay on account of any liability arising out of the
Contract.
E Umbrella Policy. The required coverages may be in any combination of primary, excess,
and umbrella policies. Any excess or umbrella policy must provide excess coverage over
underlying insurance on a following -form basis such that when any loss covered by the
primary policy exceeds the limits under the primary policy, the excess or umbrella policy
becomes effective to cover such loss.
F. Owner as Additional Insured. Owner shall be named as an Additional Insured on all
policies except for:
Worker's Compensation
Professional Liability
Each such additional Insured endorsement shall identify Owner as follows: Village of ,
including its Board members and elected and appointed officials, its officers,
employees, agents, attorneys, consultants, and representatives.
G. Other Parties as Additional Insureds. In addition to Owner, the following parties shall be
named as additional insured on the following policies:
Additional Insured Policy or Policies
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT FOR MASTER POWER SUPPLY FOR
ELECTRICITY SUPPLY AND RELATED SERVICES
FOR THE VILLAGE OF MOUNT PROSPECT'S
ELECTRIC AGGREGATION PROGRAM
WHEREAS, the Village of Mount Prospect has established an Electricity Aggregation Program
pursuant to Ordinance No. 6010, "Aggregation of Electrical Load and Electric Aggregation Plan of
Operation and Governance;" and
WHEREAS, Northern Illinois Municipal Electric Collaborative (NIMEC) conducted a Request for
Qualifications and Joint Power Supply bid process to determine the electric Supplier for the Village
of Mount Prospect; and
WHEREAS, The Master Power Supply Agreement provides for the Supplier to provide the Full-
Requirements Electricity Supply Services and the Program Implementation Services to all Eligible
Customers throughout the Term of this Agreement at the Price established in this Agreement; a
copy of which is attached to and made a part of this Resolution as attachment "A;" and
WHEREAS, the Village President and Board of Trustees hereby find that it is in the best interest of
the Village to enter into the Master Power Supply Agreement which provides for the electricity
supply and related services for the Village's Electric Aggregation Program.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Village President and Village Clerk are hereby authorized and directed to
execute the Agreement between the Village of Mount Prospect and the Supplier for Electricity
Supply and Related Services for the Village's Electric Aggregation Program; attached as Exhibit
SECTION TWO: 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:
PASSED and APPROVED this day of June, 2012.
Irvana K. Wilks
Mayor
M. Lisa Angell
Village Clerk
H: \CLKO \WIN\ RESOLUTION \Authorizee lectricaggregationmastersupplyjune2012doc
RESOLUTION NO.
A RESOLUTION REQUESTING CLOSURE OF A PORTION
OF CENTRAL ROAD IN ORDER TO CONDUCT A PARADE
WHEREAS, the Village of Mount Prospect desires to hold the annual Independence Day
Parade on a portion of Central Road and Elmhurst Road (Route 83) in the Village of Mount
Prospect on Wednesday, July 4, 2012; and
WHEREAS, said parade will require closure of that portion of Central Road between
Northwest Highway and Busse Road, the curb lane of Westbound Central Road between
Busse Road and Arthur Street, and Elmhurst Road (Route 83) between Northwest Highway
and Golf Road; and
WHEREAS, the State of Illinois requires that the Village assume all responsibility and liability
involved in the closure of said State roadways.
NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE
MUNICIPALITY:
SECTION ONE: That the Village of Mount Prospect hereby requests the State of Illinois,
Highway Department, to close Central Road between Northwest Highway and Busse Road,
the westbound curb lane of Central Road between Busse Road and Arthur Street, and
Elmhurst Road (Route 83) between Northwest Highway and Golf Road between the hours of
1:00 P.M. and 3:00 P.M. in order to conduct the annual July 4th Parade.
SECTION TWO: That the Village of Mount Prospect will assume full responsibility for the
direction, protection and regulation of traffic during the time the detour is in effect and all
liability for damages of any kind occasioned by the closure of the aforementioned roadways.
SECTION THREE: That the Village of Mount Prospect will provide for efficient, all weather
detour signs, to be maintained, conspicuously marked and judiciously patrolled by the Police
Department for the benefit of traffic diverted as a result of the street closure requested herein.
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:
PASSED and APPROVED this day of June, 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
June 6, 2012
Permit Engineer
Bureau of Traffic
Illinois Department of Transportation
201 West Center Court
Schaumburg, Illinois 60196 -1096
RE: Street Closure
Enclosed is a certified copy of Resolution No. adopted June 5, 2012 requesting closure of
certain streets to conduct the Village of Mount Prospect's annual 4 of July parade.
The following streets will be closed from 1:00 p.m. until 3:00 p.m.:
• Central Road between Northwest Highway and Busse Road
• Westbound curb lane of Central Road between Busse Road
and Arthur Street
• Elmhurst Road (Route 83) between Northwest Highway and
Golf Road
• Traffic will also be detoured on Elmhurst Road between Northwest
Highway and Golf Road.
Thank you for your assistance in coordinating a safe route for the Village's 4 of July
parade.
Sincerely,
M. Lisa Angell
Village Clerk
Enc. (1)
H: \CLKO \WIN \RESOLUTION \Close streets- parade,2012.doc
Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: JANET SAEWERT, NEIGHBORHOOD PLANNER
DATE: MAY 22, 2012
SUBJECT: RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN
THE VILLAGE AND CDBG SUB - RECIPIENTS
On November 1, 2011, the Village Board approved the 2012 Community Development Block Grant (CDBG)
Action Plan. This plan includes funding for several public service agencies that provide a variety of services and
programs for the Village's low - and moderate - income residents.
Based on our 2012 Funding Agreement with the U.S. Department of Housing and Urban Development (HUD)
which was signed on April 26, 2012, the Village of Mount Prospect FY2012 allocation is $243,754. This is a
16.78% reduction from our estimated allocation included in the 2012 Action Plan. The Village is able to use
non - allocated CDBG funds carried over from previous years to make up a portion of this reduction. However,
the maximum expenditure allowed by HUD for Public Service Programs is 15% of our CDBG allocation plus
15% of the previous year's (2011) program income. To comply with this guideline, funding for each Public
Service Program has been reduced by 16 %.
Attached, please find contracts for the agencies listed below and resolutions authorizing the execution of
agreements between the Village of Mount Prospect and these individual agencies. The revised funding amounts
are indicated in parentheses.
• CEDA Northwest Self -Help Center, Inc. — Emergency Housing Program ($7,560)
• Children's Advocacy Center ($840)
• Greater Wheeling Area Youth Organization — Summer Adventure North ($5,040)
• Greater Wheeling Area Youth Organization — Summer Adventure South ($5,040)
• Life Span ($2,520)
• Northwest CASA ($840)
• Journeys From PADS To HOPE ($4,620)
• Resources For Community Living ($4,200)
• Suburban Primary Health Care Council — Access To Care ($6,300)
• Community Connections Center ($2,520)
Please forward this memorandum and attached resolutions to the Village Board for their review and
consideration at their June 5, 2012 meeting. Staff will be present at the meeting to answer any questions related
to this matter.
I concur:
Vvilliwift Cooney, AICP, Director of Community Development
]]AIPLANIC1)BG Resolulion Memo to Board.doex
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF
MOUNT PROSPECT AND THE CEDA NORTHWEST SELF -HELP CENTER, INC.
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development
Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount
Prospect that the CEDA Northwest Self -Help Center shall provide an emergency housing and housing
counseling program, to assist near homeless and homeless low and moderate income residents of the
Village of Mount Prospect; and
WHEREAS, the programs proposed by the CEDA Northwest Self -Help Center and approved herein,
complies with the requirements of the Department of Housing and Urban Development with respect to
benefiting low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his
signature on an agreement for Community Development Block Grant implementation, which Agreement is
between the Village of Mount Prospect and the CEDA Northwest Self -Help Center, for provision of an
Emergency Housing Program, a copy of which Agreement is attached and made a part of as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by the law.
I_\'1
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLK0\WIN \CDBG2012 \CDBG resolutionCEDA self help 2012.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE
OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount
Prospect that the Greater Wheeling Area Youth Outreach, Inc. shall provide summer programs
that include educational and recreational activities for youth located within the corporate limits of
the Village of Mount Prospect; and
WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, Inc. and
approved herein, complies with the requirements of the Department of Housing and Urban
Development with respect to benefiting low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest
his signature on agreements for Community Development Block Grant implementation, which
Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth
Outreach, Inc., for the provisions of Summer Adventure North, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "A ".
SECTION TWO: That the President is hereby authorized to sign and the Clerk directed to attest
his signature on an agreement for Community Development Block Grant implementation, which
Agreement is between the Village of Mount Prospect and the Greater Wheeling Area Youth
Outreach, Inc., for the provision of Summer Adventure South, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "B ".
SECTION THREE: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN\ CDBG2010 \CDBGresolutionWheeling Area Youth 2012.doc
Irvana K. Wilks
Mayor
H (' LAO \CVIN (T)B02012 ( T)B 02012 \('I)RGRESOLUTIONCVHEELINGI AREA Y OU M 2012 DOC
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND LIFE SPAN
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that Life Span shall provide legal and counseling services to victims of domestic
violence and sexual assault, and their children, who are low to moderate income residents of
the Villafe of Mount Prospect located within the corporate limits of the Village of Mount
Prospect; and
WHEREAS, the program proposed by Life Span approved herein, complies with the
requirements of the Department of Housing and Urban Development with respect to benefiting
low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and Life Span, a copy of which
Agreement is attached and made a part of this Resolution as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN\ CDBG2010 \CDBGresolutionlifespan 2012.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND JOURNEYS FROM PADS TO HOPE, INC.
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that Journeys from PADS to HOPE shall provide case management services,
preventative services, follow -up, advocacy, transportation, housing and food vouchers,
emergency medical referral and vouchers, housing location inspection, job preparation,
employment services, and clothing and food pantry resources for the homeless and near
homeless population of the Village of Mount Prospect located within the corporate limits of the
Village of Mount Prospect; and
WHEREAS, the project proposed by Journeys from PADS to HOPE, Inc. and approved herein,
complies with the requirements of the Department of Housing and Urban Development with
respect to benefiting low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed tc
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and Journeys from PADS to HOPE,
Inc., a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLK0\WIN \CDBG2010 \CDBG resolutionJourneys from Pads to Hope 2012.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that the Resource Center for Community Living shall provide a program that
includes housing options and support services to individuals with developmental and /or physical
disabilities located within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the program proposed by the Resource Center for Community Living and approved
herein, complies with the requirements of the Department of Housing and Urban Development
with respect to benefiting low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and the Resource Center for
Community Living, a copy of which Agreement is attached and made a part of this Resolution
as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \CDBG2010 \CDBGresolution resourse for community living 2012.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL,
INC. FOR THE ACCESS TO CARE PROGRAM
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that the Suburban Primary Health Care Council, Inc. shall provide a program to
facilitate access to primary health care in the corporate limits of the Village of Mount Prospect;
and
WHEREAS, the program proposed by the Suburban Primary Health Care Council, Inc. and
approved herein, complies with the requirements of the Department of Housing and Urban
Development with respect to benefiting low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and Suburban Primary Health Care
Council, Inc, a copy of which Agreement is attached and made a part of this Resolution as
Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell, Village Clerk
:11CyINOVA IIkiV: e] Lei 119111Cy.]YHCy.]Y . .011 M am
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVOCACY CENTER
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that Children's Advocacy Center, shall provide immediate support and crisis
intervention to child victims of sexual assault and their families, who are residents of Mount
Prospect located within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the program proposed by the Children's Advocacy Center and approved herein,
complies with the requirements of the Department of Housing and Urban Development with
respect to benefiting low and moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and Children's Advocacy Center, a
copy of which Agreement is attached and made a part of this Resolution as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \CDBG2010 \CDBGresolution Children's Advocacy 2012.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND NORTHWEST CENTER AGAINST SEXUAL
ASSAULT (NW CASA)
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that Northwest Center Against Sexual Assault (NW CASA) shall provide sexual
assault counseling and advocacy to child, adolescent and adult victims of rape /sexual abuse to
Mount Prospect residents located within the corporate limits of the Village of Mount Prospect;
and
WHEREAS, the program proposed by the NW CASA and approved herein, complies with the
requirements of the Department of Housing and Urban Development with respect to benefiting
low /moderate - income persons.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to
attest his signature on an agreement for Community Development Block Grant implementation,
which Agreement is between the Village of Mount Prospect and the NW CASA, a copy of which
Agreement is attached and made a part this Resolution as Exhibit "A ".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by the law.
AYES
NAYS:
ABSENT:
PASSED and APPROVED this day of June 2012.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO\ WIN \CDBG2010 \CDBresolutionGCASA 2012.doc
AGREEMENT BETWEEN
THE VILLAGE OF AGREEMENTNT PROSPECT
AND
CEDA NORTHWEST SELF -HELP CENTER INC.
FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM
THIS AGREEMENT (referred to as the "Agreement ") is entered into this day of
, 2012, by and between the Village of Mount Prospect, an Illinois home rile
municipal corporation (referred to as the "Grantee ") and the CEDA Northwest Self -Help Center,
Inc., a not - for - profit Illinois corporation, (referred to as the "Sub - Recipient ")(Sometimes referred
to individually as "Party" and collectively as "Parties ").
WHEREAS, the Grantee has applied for and received Community Development Block Grant
(referred to as "CDBG ") funds from the United States Department of Housing and Urban
Development (referred to as "HUD ") under Title I of the Housing and Community Development
Act of 1974, Public Law 93 -383; and
WHEREAS, the Sub- Recipient has applied to Grantee for CDBG funds to provide a summer day
camp program for youths in the northern area of the Village of Mount Prospect; and
WHEREAS, the Grantee deems it appropriate to award the CDBG funds to the Sub- Recipient for
the proposed program, based upon the terms set forth in this Agreement.
NOW, THEREFORE, it is agreed between the Parties, as follows;
L SCOPE OF SERVICE
A. Activities
The Sub- Recipient will be responsible for administering the program in a manner
satisfactory to the Grantee and consistent with the standards described in this Agreement.
The program will include the following activities eligible under HUD's CDBG program
requirements:
The Sub- Recipient will operate a program to assist individuals with
transitional housing, rent assistance and housing counseling (referred to as
the "Program "), as outlined in the Scope of Services attached hereto as Exhibit
A.
B. National Objectives
The Sub- Recipient certifies that the activities carried out with funds provided by this
Agreement, will meet one or more of the following National Objectives (the "National
Objectives ") for CDBG programs, as defined in 24 CFR Part 570.208:
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1. Benefit Low /Moderate Income Persons;
2. Aid in the prevention or elimination of slums or blight; or
3. Meet a need having a particular urgency /emergency.
C. Levels of Accomplishment
In addition to the normal administrative services required by this Agreement, the Sub -
Recipient agrees to provide the following levels of program services:
Activity Total Clients /Year
5/MONTH 67/YEAR
The Sub- Recipient will also report information as it relates to the Outcome Measurement
System as described in the Federal Register Notice on June 10, 2005, published by HUD's
Office of Community Planning and Development, Docket No. FR- 4970 -N -02. Such
information includes, but is not limited to: funds leveraged, number of persons with access
to new /improved access to a service, and number of beds created in an overnight/emergency
shelter. Such reports will be provided quarterly and in a final report as provided in Section
IV below.
D. Performance Monitoring
The Grantee will monitor the performance of the Sub- Recipient against the goals and
performance standards stated above. Substandard performance, as determined by the
Grantee, will constitute non - compliance with this Agreement. If action to correct such
substandard performance is not taken by the Sub- Recipient within a reasonable period of
time after being notified by the Grantee, suspension or termination procedures will be
initiated.
IL TIME PERFORMANCE
Services of the Sub- Recipient shall start on January 1, 2012 and end on December 31,
2012. The Term of this Agreement and the provisions herein shall be extended to cover any
additional time period during which the Sub- Recipient remains in control of CDBG funds or
other assets, including program income, which are related to this Agreement.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid to the Sub- Recipient
by the Grantee under this Agreement shall not exceed $7,560 (referred to as the "Grant
Funds "). Payments may be contingent upon certification of the Sub- Recipient's financial
management system in accordance with the standards specified in 24 CFR 84.21.
A. Payment Procedures
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The Grantee will pay the Grant Amount to the Sub- Recipient based upon information
submitted by the Sub- Recipient and consistent with any approved budget and Grantee policy
concerning payments. The Grantee will not process any invoices received until the Sub -
Recipient submits the applicable quarterly or final report for the requested pay period. The
Grantee will determine the appropriate amount to allocate per reporting period depending on
the levels of accomplishment achieved by the Sub- Recipient. With the exception of certain
advances, payments will be made only for eligible expenses actually incurred by the Sub -
Recipient. Payments will be adjusted by the Grantee in accordance with advance fund and
program income balances available in Sub- Recipient accounts. In addition, the Grantee
reserves the right to use the funds provided by this Agreement for costs incurred by the
Grantee on behalf of the Sub- Recipient.
B. Indirect Costs
If indirect costs are charged, the Sub- Recipient will develop an indirect cost allocation plan
for determining the Sub- Recipient's appropriate share of administrative costs and shall
submit such plan to the Grantee for approval, in a form specified by the Grantee.
C. Pram Income
The Sub- Recipient shall report all program income as defined at 24 CFR 570.500(a),
generated by activities carried out with the Grant Funds. Sub - Recipient's use of program
income shall comply with the requirements set forth at 24 CFR 570.504. By way of further
limitations, the Sub- Recipient may use such income during the Term of this Agreement for
activities permitted under this Agreement, but shall reduce requests for additional funds by
the amount of any such program income balances on hand. All unused program income
shall be returned to the Grantor upon expiration of this Agreement. Interest earned on cash
advances is not program income but must be remitted promptly to the Grantee. For purpose
of this Agreement, the funds provided by this Agreement shall include the Grant Funds, any
program income and interest, and may be referred to as the "funds provided by this
Agreement."
IV. REPORTING
A. Progress Reports
The Sub- Recipient shall submit a Quarterly Report to the Grantee in the form, content, and
frequency required by the Grantee. All reports will be due 15 days after the close of the
reporting period. This report should include the following:
1. Each client served during the month using CDBG funds;
2. Client's address; and
3. Type of service used by each client.
The Parties may mutually agree on more frequent reporting, if appropriate.
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B. Final Report
UT
VI.
A Final Report shall accompany the Sub- Recipient's final billing. This report will
highlight the accomplishments of the Program for the fiscal year, from January 1, 2012 to
December 31, 2012, summarize the number of Mount Prospect residents served and include
completion of the Year End Report, which is attached hereto as Exhibit B. The Final Report
shall be due on or before January 15, 2013.
C. Submission to HUD
Subsequent to the execution of this Agreement, the Grantee shall file all necessary
documents with HUD and shall comply with all applicable riles and regulations necessary
to facilitate acquisition of the funds provided by this Agreement.
NOTICES & COMMUNICATIONS
Notices and communications under this Agreement shall be served personally or sent
registered or certified mail, postage prepaid, to the respective Parties as follows:
Grantee
Mr. William J. Cooney, Jr.
Director of Community Development
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
(847) 818 -5328
Fax: (847) 818 -5329
Sub - Recipient
Mr. Ron Jordan
Executive Director
CEDA Northwest
1300 W. Northwest Hwy
Mount Prospect, IL 60056
(847) 392 -2332
Fax: (847) 392 -2427
Notices served personally shall be effective upon receipt and notices served by mail shall be
effective upon receipt as verified by the United States Postal Service. Either Party may
change the name and address for which notice is required by notice to the other Party as
provided herein.
GENERAL CONDITIONS
A. General Compliance
The Sub- Recipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the HUD regulations concerning CDBG), including subpart
K of these regulations, except that 1) the Sub- Recipient does not assume the recipient's
environmental responsibilities described in 24 CFR 570.604 and 2) the Sub- Recipient does
not assume the recipient's responsibility for initiating the review process under the
provisions of 24 CFR Part 52. The Sub- Recipient further agrees to comply with all other
applicable Federal, state and local laws, regulations, and policies governing the funds
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provided by this Agreement. The Sub- Recipient further agrees to utilize those funds to
supplement, rather than supplant funds otherwise available.
The Sub- Recipient shall, at all times, observe and comply with all laws, ordinances or
regulations of the Federal, State, County and local government which may in any manner
affect the performance of this Agreement, and the Sub- Recipient shall perform all acts under
this Agreement in the same manner as the Grantee, as a contractor of the Federal
Government, is or would be required to perform such acts.
B. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer /employee between the Parties. The
Sub- Recipient shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and
Workers' Compensation Insurance as the Sub- Recipient is an independent Sub- Recipient.
C. Hold Harmless
The Sub- Recipient shall hold harmless, save and indemnify the Grantee and each and every
one of, attorneys, insurers and successors (referred to as the "Indemnitees ") from any and all
claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind,
character or description the Grantee may suffer as a result of any cause, matter, act, or
omission arising out of the performance or non - performance of the Sub- Recipient, its
officers, agents, employees, and servants, under this Agreement. The Sub- Recipient agrees
to defend any claims brought or actions filed against the Indemnitees with respect to the
subject of the indemnity contained herein, whether such claims or actions are rightfully or
wrongfully brought or filed. In the event that such a claim is brought or such an action is
filed, the Grantee agrees that the Sub - Recipient may employ attorneys of its own selection to
appear and defend the claim or action on behalf of the Grantee, subject to reasonable
approval by the Grantee, at the expense of the Sub- Recipient. The Sub- Recipient, at its
option, shall have the sole authority for the direction of the defense.
D. Worker's Compensation
The Sub- Recipient shall provide Workers' Compensation Insurance coverage for all of its
employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Sub- Recipient shall carry sufficient insurance coverage to protect contract assets (e.g.,
equipment and real property) from loss due to theft, fraud and /or undue physical damage,
and as a minimum shall purchase a blanket fidelity bond covering all employees in an
amount equal to cash advances from the Grantee.
286901_1 5
The Sub- Recipient shall comply with the bonding and insurance requirements of 24 CFR
84.31 and 84.48, Bonding and Insurance.
F. Grantee Recognition
The Sub- Recipient shall use its best efforts to recognize the role of the Grantee in providing
services through this Agreement. All activities, facilities and items utilized pursuant to this
Agreement shall be prominently labeled as to funding source. In addition, the Sub- Recipient
will include a reference to the support provided herein in all publications made possible with
funds provided by this Agreement.
G. Amendments
This Agreement may be amended at any time provided that such amendments make specific
reference to this Agreement, and are executed in writing, signed by duly authorized
representatives of both Parties, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub -
Recipient from its obligations under this Agreement.
Notwithstanding the foregoing, the Grantee may, in its discretion, amend this Agreement to
conform to Federal, State or local governmental guidelines, policies and available funding
agreements, or for other reasons. If such amendment results in a change in the funding, the
scope of services, or schedule of the activities to be undertaken as part of this Agreement,
such modifications will be incorporated only by written amendment signed by duly
authorized representatives of both Parties, and approved by the Grantee's governing body.
H. Suspension or Termination
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if
the Sub- Recipient materially fails to comply with any terms of this Agreement, which
include, but are not limited to, the following:
Failure to comply with any of the riles, regulations or provisions referred to herein,
or such statute, regulations, executive orders, and HUD guidelines, policies or
directives as may become applicable at any time;
2. Failure, for any reason, of the Sub- Recipient to fulfill in a timely and proper manner
its obligations under this Agreement;
3. Ineffective or improper use of funds provided by this Agreement; or
4. Submission by the Sub- Recipient to the Grantee of reports that are incorrect or
incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience
by either the Grantee or the Sub- Recipient, in whole or in part, by setting forth the reasons
for such termination, the effective date, and, in the case of partial termination, the portion to
286901_1
be terminated. However, if in the case of a partial termination, the Grantee determines that
the remaining portion of the award will not accomplish the purpose for which the award was
made, the Grantee may terminate the award in its entirety.
All finished or unfinished documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by the Sub- Recipient under this Agreement shall be the
property of the Grantee.
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Accounting Standards
The Sub- Recipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to
the accounting principles and procedures required therein, to utilize adequate internal
controls, and to maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Sub- Recipient shall administer its Program in conformance with the federal
Office of Management and Budget's (referred to as "OMB ") Circulars A -122, "Cost
Principles for Non - Profit Organizations" or A -21 "Cost Principles for Educational
Institutions," as applicable. These principles shall be applied to all costs incurred
whether charged on a direct or indirect basis.
B. Documentation and Record-Keeping
Records to be Maintained
The Sub- Recipient shall maintain all records required by the Federal regulations
specified in 24 CFR Part 570.506, which are pertinent to the activities funded under
this Agreement. Such records shall include, but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities;
d. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f Financial records as required by 24 CFR Part 570.502, and 24 CFR
84.21 -28; and
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g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
2. Income EligibilL
Eligible households must have income below those noted in HUD's Fiscal Year
2012 Income Limit Summary, which is attached hereto as Exhibit C, though the Sub -
Recipient may establish program income criteria below those levels. The Sub -
Recipient shall utilize annual income in determining and documenting income for
participating clients. Annual income is the gross amount of income anticipated by all
adults in a family during the 12 months following the effective date of determination.
To calculate annual income, the Sub- Recipient may choose one (1) of the three (3)
definitions of income listed below:
1. Annual income as defined under the Section 8 Housing Assistance
Payments Program;
2. Adjusted gross income as defined for purposes of reporting under IRS
Form 1040 (long form) for Federal individual income tax purposes; or
3. Annual income as defined for reporting under the Census long form for the
most rent available decennial Census.
Use of any other income definition is considered ineligible for HUD and CDBG
funding and therefore not permitted.
The term "household" means "all persons occupying a housing unit. The occupants
may be a family, as defined in 24 CFR 5.403; two or more families living together;
or any other group of related or unrelated persons who share living arrangements,
regardless of actual or perceived, sexual orientation, gender identity or marital
status." See 24 CFR Part 570.3.
Grantee must ensure that applicants to its programs and activities are treated
equitably. For this reason, the same income definition must be used throughout the
activity for each applicant. Additionally, the Sub- Recipient shall maintain copies of
any documents used to determine applicant income.
3. Retention
The Sub- Recipient shall retain all records pertinent to expenditures incurred under
this Agreement for a period of five (5) years after the termination of all activities
funded under this Agreement. Records for non - expendable property acquired with
the funds provided by this Agreement shall be retained for five (5) years after final
disposition of such property. Notwithstanding the above, if any claims, litigation,
audits, negotiations or other actions involving such records begin before the
expiration of the five -year period, such records must be retained until completion of
the actions and resolution of all issues, or the expiration of the five -year period,
whichever occurs later.
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4. Client Data
The Sub- Recipient shall maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available to Grantee monitors or
their designees for review upon request.
5. Disclosure
The Sub- Recipient understands that client information collected under this
Agreement is private. The use or disclosure of such information, when not necessary
and directly connected with the administration of the Grantee's or Sub - Recipient's
responsibilities with respect to services provided under this Agreement, is prohibited,
unless written consent is obtained from the client, and, in the case of a minor, from
the parent/guardian. Disclosure of such information must also comply with
applicable State and Federal laws.
6. Property Records
The Sub- Recipient shall maintain a real property inventory, which identifies
properties purchased, improved or sold using CDBG funds.
7. Close -Outs
The Sub- Recipient's obligation to the Grantee shall not end until all close -out
requirements are completed. Activities during this close -out period shall include, but
are not limited to: making final payments, disposing of program assets (including
the return of unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to the Grantee), and determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that the Sub- Recipient has control over CDBG funds,
including program income.
8. Audits & Inspections
All Sub- Recipient records with respect to any matters covered by this Agreement
shall be made available to the Grantee, HUD, their designees or the Federal
Government, at any time during normal business hours, as often as the Grantee or
HUD deems necessary, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports must be fully resolved by the
Sub- Recipient within 30 days after receipt of notice of such deficiencies by the Sub -
Recipient. The Sub- Recipient hereby agrees to conduct an annual audit in
accordance with current Grantee policy concerning Sub- Recipient audits and, as
applicable, OMB Circular A -133.
9. Availabilitv of Law_ Regulations and Orders
286901_1 9
The Grantee shall, upon the request of the Sub- Recipient, provide copies of applicable laws,
regulations and orders, including those referenced in this Agreement, which regulate the operation
of CDBG - funded programs, or which might otherwise affect the performance of this Agreement.
The OMB Circulars referenced in the Agreement may be found on the website at
http: / /www.whitehouse. ,, ov /olnb /circulars clefault In addition, many of the applicable laws and
regulations can be found on the United States Government Printing website at
http: / /www.gpo. Gov /fdsys /plc /CF'R- 2004- title24 -vol I /content- detail.htinl
C. Procurement
1. Compliance
The Sub- Recipient shall comply with current Grantee policy in regard to the
procurement of materials, property, or services, and shall maintain inventory records
for non - expendable personal property as defined by such policy. All program assets
(unexpended program income, property, equipment, etc.) shall revert to the Grantee
upon expiration of this Agreement.
2. OMB Standards
Unless specified otherwise within this Agreement, the Sub- Recipient shall procure
all materials, property or services in accordance with the requirements of 24 CFR
84.40 -48.
3. Travel
The Sub- Recipient shall obtain prior written approval from the Grantee before
incurring any costs for travel outside the Chicago metropolitan area that are subject
to payment with the funds provided by this Agreement.
D. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall
be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502,
570.503, and 570.504, as applicable, which include but are not limited to the
following:
1. The Sub- Recipient shall transfer to the Grantee any CDBG funds on hand
and any accounts receivable attributable to the use of funds provided by this
Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Sub- Recipient's control that was acquired or
improved, in whole or in part, with funds provided by this Agreement in
excess of $25,000 shall be used to meet one of the CDBG National
Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of
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this Agreement [or such longer period of time as the Grantee deems
appropriate]. If the Sub- Recipient fails to use CDBG- assisted real property
in a manner that meets a CDBG National Objective for the prescribed period
of time, the Sub- Recipient shall pay the Grantee an amount equal to the
current fair market value of the property less any portion of the value
attributable to the expenditures of the non -CDBG funds for acquisition of, or
improvement to, the property. Such payment shall constitute program
income to the Grantee. The Sub - Recipient may retain real property acquired
or improved under this Agreement after the expiration of the five -year period
[or such longer period of time as the Grantee deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds
provided by this Agreement is sold, the proceeds shall be program income
(prorated to reflect the extent funds provided by this Agreement were used to
acquire the equipment). Equipment not needed by the Sub- Recipient for
activities under this Agreement shall be (a) transferred to the Grantee for the
CDBG program or (b) retained after compensating the Grantee in an amount
equal to the current fair market value of the equipment less the percentage of
non -CDBG funds used to acquire the equipment.
VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE- FOR -ONE HOUSING
REPLACEMENT
The Sub- Recipient agrees to comply with (a) the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 USC 61, as amended, and implementing
regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR
570.606(c) governing the Residential Anti - displacement and Relocation Assistance Plan
under Section 104(d) of the Housing and Community Development Act (referred to as
"HCDA "), 24 CFR Part 6; and (c) the requirements in 24 CFR 570.606(d) governing
optional relocation policies. [The Grantee may preempt the optional policies.] The Sub -
Recipient shall provide relocation assistance to displaced persons as defined by 24 CFR
570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or
conversation for a CDBG- assisted project. The Sub- Recipient also agrees to comply with
applicable Grantee ordinances, resolutions and policies concerning the displacement of
persons from their residence.
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Sub- Recipient agrees to comply with the Illinois Human Rights Act (Act 775
ILCS 5/1 -101 et seq.), Title VIII of the Civil Rights Act of 1968 as amended, Section
104(b) and Section 109 of Title I of the Housing and Community Development Act
of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans
with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
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11063, and with Executive Order 11246 as amended by Executive Orders 11375,
11478, 12107, and 12086.
2. Nondiscrimination
The Sub- Recipient shall comply with the non - discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24
CFR 570.607 and 775 ILCS 5/1 -101 et seq. The applicable non - discrimination
provisions in Section 109 of the HCDA also apply. The Sub- Recipient shall not
discriminate against any worker, employee, applicant for employment or client
because of race, color, creed, religion ancestry, national origin, sex, disability or
other handicap, age, marital /familial status, or status with regard to public assistance,
or as otherwise prohibited by state or Federal law.
3. Land Covenants
The Agreement is subject to the requirements of Title VI of the Civil Rights Act of
1964 (P.L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or
other transfer of land acquired, cleared or improved with assistance provided under
this Agreement, the Sub- Recipient shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting discrimination as
herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or
in any improvements erected or to be erected thereon, providing that the Grantee and
the United States are beneficiaries of and entitled to enforce such covenants. The
Sub- Recipient, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant,
and will not itself so discriminate.
4. Section 504
The Sub- Recipient agrees to comply with all Federal regulations issued pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
which prohibits discrimination against individuals with disabilities or handicaps in
any Federally assisted program. Guidelines necessary for compliance with that
portion of the regulations in force during the term of this Agreement can be found on
HUD's Program web site at
�7ttp:// pc�rtal.�7url.�c�v /�7urlpc�rtal /HUD ?src= /prc�� ram c�ffic�s /fair �7c�usir7� �r�ual c�pp /visa
bihties/sect504fag.
B. Affirmative Action
1. Approved Plan
The Sub- Recipient agrees that it shall be committed to carry out pursuant to the
Grantee's specifications an Affirmative Action Program in keeping with the
principles as provided in President's Executive Order 11246 of September 24, 1966.
To the extent required by that Order, i.e., service and supply contractors with 50 or
286901_1 12
more employees and government contracts of $50,000 or more, the Grantee shall
provide Affirmative Action guidelines to the Sub- Recipient to assist in the
formulation of such program. The Sub- Recipient shall submit a plan for an
Affirmative Action Program for approval prior to the award of the Grant Funds.
2. Women- and Minority -Owned Businesses (W /MBE)
The Sub- Recipient will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this Agreement. As used in this
Agreement, the terms "small business" means a business that meets the criteria set
for in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and
"minority and women's business enterprise" means a business at least fifty -one (5 1)
percent owned and controlled by minority group members or women. For the
purpose of this definition, "minority group members" are Afro- Americans, Spanish-
speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and
American Indians. The Sub - Recipient may rely on written representations by
businesses regarding their status as a minority and female business enterprises in lieu
of an independent investigation.
3. Access to Records
The Sub- Recipient shall furnish and cause each of its own sub- recipients or
subcontractors to furnish all information and reports required hereunder and will
permit access to its books, records and accounts by the Grantee, HUD or its agent, or
other authorized Federal officials for purposes of investigation to ascertain
compliance with the riles, regulations and provisions stated herein.
4. Notifications
The Sub- Recipient will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a
notice, to be provided by the agency contracting officer, advising the labor union or
worker's representative of the Sub- Recipient's commitments hereunder, and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement
The Sub- Recipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Sub- Recipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions
The Sub- Recipient will include the provisions of Paragraphs IX.A, Civil Rights, and
B, Affirmative Action, of this Agreement in every subcontract or purchase order,
286901_1 13
specifically or by reference, so that such provisions will be binding upon each of its
own sub- recipients or subcontractors.
C. Employment Restrictions
Prohibited Activity
The Sub- Recipient is prohibited from using funds provided by this Agreement or
personnel employed in the administration of the program for: political activities;
inherently religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Sub- Recipient agrees to comply with the requirements of the Secretary of Labor
in accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other
applicable Federal, state and local laws and regulations pertaining to labor standards
insofar as those acts apply to the performance of this Agreement. The Sub- Recipient
agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. et seq.) and its
implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
Sub- Recipient shall maintain documentation that demonstrates compliance with hour
and wage requirements of this part. Such documentation shall be made available to
the Grantee for review upon request.
The Sub- Recipient agrees that, except with respect to the rehabilitation or
constriction of residential property containing less than eight (8) units, all
contractors engaged under contracts in excess of $2,000.00 for constriction,
renovation or repair work financed in whole or in part with assistance provided under
this Agreement, shall comply with Federal requirements adopted by the Grantee
pertaining to such contracts and with the applicable requirements of the regulations
of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment
of wages and ratio of apprentices and trainees to journey workers; provided that, if
wage rates higher than those required under the regulations are imposed by state or
local law, nothing hereunder is intended to relieve the Sub- Recipient of its
obligation, if any, to require payment of the higher wage. The Sub- Recipient shall
cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
"Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as
amended, and as implemented by the regulations set forth in 24 CFR 135, and
all applicable riles and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided
under this Agreement and binding upon the Grantee, the Sub- Recipient and
286901_1 14
any of the Sub- Recipient's subrecipients and subcontractors. Failure to fulfill
these requirements shall subject the Grantee, the Sub- Recipient and any of
the Sub- Recipient's subrecipients and subcontractors, their successors and
assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The Sub- Recipient certifies and agrees that no
contractual or other disability exists that would prevent compliance with
these requirements.
The Sub- Recipient further agrees to comply with these "Section 3"
requirements and to include the following language in all subcontracts
executed under this Agreement:
"The work to be performed under this Agreement is a project
assisted under a program providing direct Federal financial
assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. 1701u). Section 3 requires that to the
greatest extent feasible opportunities for training and
employment be given to low- and very low- income residents of
the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide
economic opportunities for low- and very low- income persons
residing in the metropolitan area in which the project is
located."
The Sub- Recipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including
reduction and abatement of lead -based paint hazards), housing constriction,
or other public constriction project are given to low- and very low- income
persons residing within the metropolitan area in which the CDBG - funded
project is located; where feasible, priority should be given to low- and very
low- income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction
and abatement of lead -based pain hazards), housing constriction, or other
public constriction project to business concerns that provide economic
opportunities for low- and very low- income persons residing within the
metropolitan area in which the CDBG - funded project is located; where
feasible, priority should be given to business concerns that provide economic
opportunities to low- and very low- income residents within the service area
or the neighborhood in which the project is located, and to low- and very
low- income participants in other HUD programs.
The Sub- Recipient certifies and agrees that no contractual or other legal
incapacity exists that would prevent compliance with these requirements.
286901_1 15
b. Notifications
The Sub- Recipient agrees to send to each labor organization or representative
of workers with which it has a collective bargaining agreement or other
contract or understanding, if any, a notice advising said labor organization or
worker's representative of its commitments under the Section 3 clause and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment or training.
c. Subcontracts
The Sub- Recipient will include this Section 3 clause in every subcontract and
will take appropriate action pursuant to the subcontract upon a finding that
the subcontractor is in violation of regulations issued by the grantor agency.
The Sub- Recipient will not subcontract with any entity where it has notice or
knowledge that the latter has been found in violation of regulations under 24
CFR Part 135 and will not let any subcontract unless the entity has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
D. Conduct
Assignability
The Sub- Recipient shall not assign or transfer any interest in this Agreement without
the prior written approval of the Grantee's Village Manager thereto; provided,
however, that claims for money due or to become due to the Sub- Recipient from the
Grantee under this Agreement may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a. Approvals
The Sub- Recipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written consent
of the Grantee prior to the execution of such agreement.
b. Monitoring
The Sub- Recipient will monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be
summarized in written reports and supported with documentation evidence of
follow -up actions taken to correct areas of noncompliance.
C. Content
286901_1 16
The Sub- Recipient shall cause all of the provisions of this Agreement in its
entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement.
d. Selection Process
The Sub- Recipient shall undertake to insure that all subcontracts let in the
performance of this Agreement shall be awarded on a fair and open
competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the Grantee along
with documentation concerning the selection process.
3. Hatch Act
The Sub- Recipient agrees that no funds provided by this Agreement, nor personnel
employed under this Agreement, shall be in any way or to any extent engaged in the
conduct of political activities in violation of Chapter 15 of Title V of the U. S.C.
4. Conflict of Interest
The Sub- Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611,
which include (but are not limited to) the following:
a. The Sub- Recipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
b. No employee, officer or agent of the Sub- Recipient shall participate in
the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or apparent, would be
involved.
C. No covered persons who exercise or have exercised any functions or
responsibilities with respect to CDBG- assisted activities, or who are in
a position to participate in a decision - making process or gain inside
information with regard to such activities, may obtain a financial
interest in any contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the CDBG- assisted activity,
or with respect to the proceeds from the CDBG- assisted activity, either
for themselves or those with whom they have business or immediate
family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a "covered person" includes any person
who is an employee, agent, consultant, officer, or elected or appointed
official of the Grantee, the Sub- Recipient, or any designated public
agency.
286901_1 17
5. Lobbying
The Sub- Recipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of Sub- Recipient, to any person for influencing or attempting to
influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement;
b. If any funds, other than Federal appropriated funds, have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or
cooperative agreement, it will complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its
instructions;
C. Sub- Recipient will require that the language in paragraph (d) be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all sub- recipients shall certify and
disclose accordingly; and
d. Lobbying Certification — Paragraph d
This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission
of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each
such failure.
6. Religious Organizations
The Sub- Recipient agrees that funds provided by this Agreement will not be utilized
for inherently religious activities, prohibited by 24 CR 570.2000), such as worship,
religious instruction, or proselytization.
7. Reversion of Assets
286901_1 18
Upon expiration of this Agreement, the Sub- Recipient shall transfer to the Grantee
any funds provided by this Agreement on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds. Any real property under
the Sub- recipient's control that was acquired or improved in whole or in part with
CDBG funds (including CDBG funds provided to the sub- recipient in the form of a
loan) in excess of $25,000 shall either:
a. Be used to meet one of the National Objectives in Section 570.208
(formerly Section 570.901) of the CDBG regulations until five years
after expiration of the Agreement; or
b. If the real property is not used in accordance with paragraph 7a above,
the Sub- recipient shall pay to the Grantee an amount equal to the
current market value of the property less any portion of the value
attributable to expenditures of non -CDBG funds for the acquisition
of, or improvement to, the property. The payment is program income
to the Grantee. No payment is required after the period of time
specified in paragraph 7a of this section.
X. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not
be affected thereby, and all other parts of this Agreement shall nevertheless be in full force
and effect.
XI. JURISDICTION AND VENUE:
This Agreement and all questions of interpretation, constriction and enforcement hereof,
and all controversies hereunder, shall be governed by the applicable statutory and common
law of the State of Illinois. For the purpose of any litigation relative to this Agreement and
its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the Parties
consent to the in personam jurisdiction of said Court for any such action or proceeding.
XIL ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Grantee and the Sub- Recipient
for the use of funds provided by this Agreement and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written
between the Grantee and the Sub- Recipient with respect to this Agreement.
XIII. CAPTIONS:
The captions at the beginning of the several paragraphs, respectively, are for convenience in
locating the context, but are not part of the context.
286901_1 19
XIV. WAIVER:
The Grantee's failure to act with respect to a breach by the Sub - Recipient does not waive its
right to act with respect to subsequent or similar breaches. The failure of the Grantee to
exercise or enforce any right or provision shall not constitute a waiver of such right or
provision.
XV. EFFECTIVE DATE:
This Agreement shall be deemed dated and become effective on the date that the Mayor and
Village Cleric sign this Agreement which date shall be the date stated on the first page of this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
(SIGNATURE PAGE TO FOLLOW)
VILLAGE OF MOUNT PROSPECT
Irvana Wilks, Mayor
ATTEST:
Lisa Angell, Village Cleric
Date
CEDA NW Self -Help Center, Inc.
CEDA NW, President
Print Name
ATTEST:
CEDA NW, Secretary
Print Name
Date
286901_1 20