HomeMy WebLinkAboutRes 12-18 03/20/2018 Authorizing the Execution of a Redevelopment Agreement - Park Terrace Mount ProspectPrepared by and after recording
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KAREN A.YARBROUGH
COOK COUNTY RECORDER OF DEEDS
DATE: 05J17/2018 02:46 PH PG: 1 OF 53
[Above space for Recorder's Office]
VILLAGE OF FOUNT PROSPECT
RESOLUTION NO. 12-18
A RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND PARK TERRACE MOUNT PROSPECT LLC.
AFTER RECORDING RETURN TO:
RECORDER'S BOX 324
RECORDING FCC
DATE,.. COPIES
OK BY
RESOLUTION NO. 12-18
A RESOLUTION AUTHORIZING THE EXECUTION OF A REDEVELOPMENT
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
PARK TERRACE MOUNT PROSPECT LLC.
WHEREAS, the Village of Mount Prospect has established a Tax Increment Financing
District for the purpose of redeveloping the downtown district, and
WHEREAS, in order to prepare the best plan for the redevelopment area, the Village of
Mount Prospect has determined that it would be in the best interest of the Village to enter
into a redevelopment agreement with Park Terrace Mount Prospect LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS.-
SECTION
LLINOIS:SECTION ONE:. The Board of Trustees of the Village of Mount Prospect do hereby
authorize execution of an Agreement between the Village of Mount Prospect and Park
Terrace Mount. Prospect LLC for the proposed 12-ulnit rorhome project for property
located at 15-19 N. Elmhurst Avenue being subject of this Resolution, a copy of which is
attached hereto and hereby made a part hereof 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 law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 20th day of March, 2018
Arlene A. Juracek
Mayor
ATTEST:
Daren M. Ago
Village Clerk
REDEVELOPMENT AGREEMENT
FOR THE PARK TERRACE MOUNT PROSPECT, LLC
DEVELOPMENT COMPRISING A PART OF THE
PROSPECT AND MAIN TIF DISTRICT
OF THE VILLAGE OF MOUNT PROSPECT. ILLINOIS
This Redevelopment Agreement For The Smart Builders Development Comprising A
Part Of The Prospect And Main TIF District Of The Village Of Mount Prospect, Illinois
the "Agreement") is made and entered into as of the
201 � (the "Effective Date") by and between the Village Mda of out Prospect, t, Illin
_ „
ois, an
Illinois home rule municipal corporation (the "Village") and Park Terrace Mount
Prospect, LLC , an Illinois limited liability company, (the "Developer") (the Village and
the Developer are sometimes referred to herein individually as a "Party," and collectively
as the "Parties").
WITNESSETH:
IN CONSIDERATION of the Preliminary Statements, the mutual covenants herein
contained, and other good and valuable consideration, the sufficiency and receipt of
which is hereby acknowledged, the Parties hereto agree as follows:
I. PRELIMINARY STATEMENTS
Among the matters of mutual inducement which have resulted in this Agreement
are the following:
A, The Village is a home rule unit of government in accordance with Article
VII, Section 6 of the Constitution of the State of Illinois, 1970.
B, The Village has the authority, pursuant to the laws of the State of Illinois,
to promote the health, safety and welfare of the Village and its inhabitants,
to prevent the presence of blight, to encourage private development in
order to enhance the local tax base and increase additional tax revenues
realized by the Village, to foster increased economic activity within the
Village, to increase employment opportunities within the Village, and to
enter into contractual agreements with third parties for the purpose of
achieving the aforesaid purposes, and otherwise take action in the best
interests of the Village.
C. The Village is authorized under the provisions of the Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as amended
(the "Act"), to finance redevelopment in accordance with the conditions
and requirements set forth in the Act.
D, Pursuant to Ordinance Numbers 6293, 6294 and 6295, adopted January
17, 2017, the Village designated the tax increment redevelopment project
387385_5
area (the "Redevelopment Project Area"), approved a tax increment
redevelopment plan and project (the "TIF Plan"), and adopted tax
increment financing relative to the Village's Prospect and Main Tax
Increment Financing District (the TIF District"); said TIF District being
legally described and depicted as set forth in EXHIBIT A-1 and EXHIBIT
AA=2, respectively, attached hereto and made part hereof.
E. The Developer desires to acquire ownership of certain real property,
consisting of a parcel, located within the Redevelopment Project Area,
said property being legally described on EXHIBIT B, attached hereto and
made a part hereof (the "Property").
F. The Developer desires to redevelop the Property with a twelve (12) unit
townhome project to be built in two (2) stages ("Stage One" and "Stage
Two") of six units each , as depicted on the site plan attached hereto as
EXHIBIT C, and made part hereof, and as described in further detail in
EXHIBIT D, attached hereto and made part hereof (the "Project").
G. It is necessary for the successful completion of the Project that the Village
enter into this Agreement with the Developer to provide for the
redevelopment of the Property, thereby implementing the TIF Plan.
H. The Developer has been and continues to be unable and unwilling to
undertake the redevelopment of the Property with the Project, but for
certain tax increment financing ("TIF") incentives, with regard to waiver of
certain Village -imposed fees and assistance from the Village in defraying
certain of the extra ordinary costs of development of the Project, to be
provided by the Village in accordance with the Act and the home rule
powers of the Village, which the Village is willing to provide under the
terms and conditions contained herein. The Parties acknowledge and
agree that but for the aforementioned incentives, to be provided by the
Village, Developer cannot successfully and economically develop the
Property with the Project in a manner satisfactory to the Village. The
Village has determined that it is desirable and in the Village's best interest
to assist Developer in the manner set forth herein, and as this Agreement
may be supplemented and amended from time to time pursuant to the
mutual agreement of the Parties and in the manner as herein provided.
I. The Village, in order to stimulate and induce development of the Property
with the Project, has agreed to provide the incentives to the Developer in
accordance with the terms and provisions of the Act and this Agreement.
J. This Agreement has been submitted to the Corporate Authorities of the
Village (as defined below) for consideration and review, the Corporate
Authorities have taken all actions required to be taken prior to the
execution of this Agreement in order to make the same, and any and all
387385 5 2
actions taken by the Village in furtherance hereof, binding upon the Village
according to the terms hereof, and any and all actions of the Corporate
Authorities of the Village precedent to the execution of this Agreement
have been undertaken and performed in the manner required by law.
K. This Agreement has been submitted to the Members of the Developer for
consideration and review, the Developer's Members have taken all actions
required to be taken prior to the execution of this Agreement in order to
make the same binding upon the Developer according to the terms hereof,
and any and all action of the Developer's members precedent to the
execution of this Agreement have been undertaken and performed in the
manner required by law.
L„ The Village is desirous of having the Redevelopment Project Area
rehabilitated, developed and redeveloped in accordance with the TIF Plan,
and particularly the Project as a part thereof, in order to serve the needs of
the Village, arrest physical decay and decline in the Redevelopment
Project Area, increase employment opportunities, stimulate commercial
growth and stabilize the tax base of the Village and, in furtherance thereof,
the Village is willing to offer Developer the TIF incentives referenced in
subsection H. above, under the terms and conditions hereinafter set forth,
to assist such development.
II. DEFINITIONS
For the purposes of this Agreement, unless the context clearly requires
otherwise, words and terms used in this Agreement shall have the meanings
provided from place to place herein, and as follows:
A, "°Chan a in Law" means the occurrence, after the Effective Date, of an
event described below in this definition, provided such event materially
changes the costs or ability of the Party relying thereon to carry out its
obligations under this Agreement and such event is not caused by the
Party relying thereon:
Change in Law means any of the following: (1) the enactment, adoption,
promulgation or modification of any federal, State or local law, ordinance,
code, rule or regulation (other than by the Village, or, with respect to those
made by the Village, only if they violate the terms of this Agreement); (2)
the order or judgment of any federal or State court, administrative agency
or other governmental body (other than the Village); or (3) the adoption,
promulgation, modification or interpretation in writing of a written guideline
or policy statement by a governmental agency (other than the Village, or,
with respect to those made by the Village, only if they violate the terms of
this Agreement). Change in Law, for purposes of this Agreement, shall
also include the imposition of any conditions on, or delays in, the issuance
387385_5 3
or renewal of any governmental license, approval or permit (or the
suspension, termination, interruption, revocation, modification, denial or
failure of issuance or renewal thereof) necessary for the undertaking of the
actions to be performed under this Agreement (except any imposition of
any conditions on, or delays in, any such issuance or renewal by the
Village, except as provided herein).
B. "Villaae Code" means the Village of Mount Prospect Village Code, as
amended.
C, "Corporate Authorities" means the Mayor and Board of Trustees of the
Village of Mount Prospect, Illinois.
D. "Day" means a calendar day.
E, "Effective Date" means the day on which this Agreement is executed by
the Village, with said date appearing on page 1 hereof.
F, "Eligible Costs"' means certain costs of the Incentives (as defined in
Section VI. Below), to the extent permitted under 65 ILCS 5/11-74.4-3(q).
G. "Party" or "Parties" means the Village and/or the Developer,
individually/collectively, and their respective successors and/or assigns as
permitted herein, as the context requires.
H. "Person" means any individual, corporation, partnership, limited liability
company, joint venture, association, trust, or government or any agency or
political subdivision thereof, or any agency or entity created or existing
under the compact clause of the United States Constitution.
I. "State" means the State of Illinois.
J. "TIF Ordinances" means those Ordinances referenced in subsection I.D.
above.
K. "Uncontrollable Circumstance" means any event which:
1. is beyond the reasonable control of and without the fault of the
Party relying thereon; and
2. is one or more of the following events:
a. a Change in Law;
b. insurrection, riot, civil disturbance, sabotage, act of the
public enemy, explosion, fire, nuclear incident, war or naval
blockade;
3873855 4
C. epidemic, hurricane, tornado, landslide, earthquake,
lightning, fire, windstorm, other extraordinary or ordinary
weather conditions or other similar act of God;
d. governmental condemnation or taking other than by the
Village,-
e.
illage;e. strikes or labor disputes, or work stoppages not initiated by
the Developer or the Village;
f. unreasonable delay in the issuance of building or other
permits or approvals by the Village or other governmental
authorities having jurisdiction other than the Village including
but not limited to the Illinois Department of Transportation
("IDOT"), the Metropolitan Water Reclamation District of
Greater Chicago ("MWRD") and/or the Illinois Environmental
Protection Agency ("IEPA");
g. shortage or unavailability of essential materials, which
materially change the ability of the Party relying thereon to
carry out its obligations under this Agreement;
h, unknown or unforeseeable geo-technical or environmental
conditions;
i. major environmental disturbances;
j. vandalism; or
k. terrorist acts.
Uncontrollable Circumstance shall not include: economic hardship;
unavailability of materials (except as described in subsection 2.g. above);
or a failure of performance by a contractor (except as caused by events
which are Uncontrollable Circumstances as to any applicable contractor).
For each day that the Village or the Developer is delayed in its
performance under this Agreement by an Uncontrollable Circumstance,
the dates set forth in this Agreement shall be extended by one (1) day
without penalty or damages to either Party.
L. "Unit" means each of the individual units in the Project.
III. CONSTRUCTION OF TERMS
This Agreement, except where the context by clear implication shall otherwise
require, shall be construed and applied as follows:
A, Definitions include both singular and plural.
B, Pronouns include both singular and plural, and cover all genders.
C. The words "include," "includes," and "including" shall be deemed to be
followed by the phrase "without limitation".
387385-5 5
D, Headings of Sections herein are solely for convenience of reference and
do not constitute a part hereof and shall not affect the meaning,
construction or effect hereof.
E. All exhibits attached to this Agreement shall be and are operative
provisions of this Agreement and shall be and are incorporated by
reference in the context of use where mentioned and referenced in this
Agreement. In the event of a conflict between any exhibit and the terms of
this Agreement, the Agreement shall control.
F. Any certificate, letter or opinion required to be given pursuant to this
Agreement means a signed document attesting to or acknowledging the
circumstances, representations, opinions of law or other matters therein
stated or set forth. Reference herein to supplemental agreements,
certificates, demands, requests, approvals, consents, notices and the like
means that such shall be in writing whether or not a writing is specifically
mentioned in the context of use.
G, The Village Manager, unless applicable law requires action by the
Corporate Authorities, shall have the power and authority to make or grant
or do those things, certificates, requests, demands, notices and other
actions required that are ministerial in nature or described in this
Agreement for and on behalf of the Village and with the effect of binding
the Village as limited by and provided for in this Agreement. The
Developer is entitled to rely on the full power and authority of the Persons
executing this Agreement on behalf of the Village as having been properly
and legally given by the Village.
H. In connection with the foregoing and other actions to be taken under this
Agreement, and unless applicable documents require action by Developer
in a different manner Developer hereby designates Richard Bondarowicz
as its authorized representatives who shall individually have the power
and authority to make or grant or do all things, supplemental agreements,
certificates, requests, demands, approvals, consents, notices and other
actions required or described in this Agreement for and on behalf of the
Developer and with the effect of binding the Developer in that connection
(such individual being designated as an "Authorized Developer
Representative"). The Developer shall have the right to change its
Authorized Developer Representative by providing the Village with written
notice of such change from both authorized representatives which notice
shall be sent in accordance with Section XVIII.B. of this Agreement.
IV. COOPERATION OF THE PARTIES
3873855 6
The Village and the Developer agree to cooperate in implementing the Project in
accordance with the Parties' respective obligations set forth in this Agreement,
and specific approvals by the Village in the future, relative to the development of
the Property and the Project, including zoning applications relative thereto, and
Village -issued permits and approvals relative thereto.
V. ACQUISITION OF THE PROPERTY
The Developer shall acquire the Property on or before the commencement of the
construction as provided in Section VI.A.3. below ("Acquisition Deadline"). The
date the Developer acquires title to the Property shall be the "Acquisition Date."
VI. DEVELOPMENT OF THE PROPERTY
A. Approvals. Permits Construction and Completion. The Developer
shall, subject to Uncontrollable Circumstances.-
On
ircumstances:
On or before April 1, 2018, appear before the Village's Planning
and Zoning Commission for all zoning entitlements and/or zoning
approvals necessary for the construction of the Project.
2, On or before August 1, 2018, apply for all necessary permits and
approvals from all governmental agencies having jurisdiction over
the Project as may be required to commence construction of the
Project.
3. Subject to unreasonable delays as provided in Section II.K.2.f. of
this Agreement, on or before September 1, 2018, commence
construction of Stage One of the Project, and on or before
September 1, 2020 commence construction of Stage Two of the
Project.
4. On or before May 1, 2020, complete construction of Stage One of
the Project, and on or before May 1, 2022 complete Stage Two of
the Project.
5. On or before July 1, 2020, obtain a Certificate of Project
Completion (as defined in Section XI.A. below) for Stage One of the
Project and on or before July 1, 2022 obtain a Certificate of
Completion for Stage Two of the Project.
The Village may extend, in its sole and absolute discretion, any deadline
in this Section VI.A. upon request from the Developer, upon such terms
and conditions as the Village may require for such extension.
3873855 7
B. Incentives. So long as the Developer is in compliance with all its
obligations in this Agreement, the Developer shall be entitled to the
following incentives (the "Incentives"):
1. A waiver of up to Eighty Thousand and No/100 Dollars
($80,000.00) of permit fees payable to the Village for the Project.
2. Payment of up to One Hundred Twenty Thousand Dollars
($120,000.00) for installation of storm water detention system,
curbs, and paving for the Project.
3. Payment of up to Forty Thousand and No/100 Dollars ($40,000.00)
by the Village for demolition, tree removal, construction fencing
and/or site preparation fees for the Project.
4. Payment of up to One Hundred Thousand and No/100 Dollars
($100,000.00) by the Village for a sewer extension in the public
right-of-way adjacent to the Property to serve the Project.
5. Payment of up to Sixty Thousand and No/100 Dollars ($60,000.00)
by the Village for water, sewer and utility work to serve the Project.
6. Payment of up to Sixty Thousand and No/100 Dollars ($60,000,00)
for the Developer's professional service costs for architectural,
engineering, legal, financial and/or planni0g services relative to the
Project.
C, 'Procedure for Payment of Incentives.
1. The Incentives are available and/or payable from the Village only
upon satisfaction by Developer of all the following conditions
precedent:
(i) Acquisition of all necessary Village zoning approvals for the
Project;
(ii) Acquisition of the Property on or before the Acquisition
Deadline and in compliance with all deadlines in Section
VI.A., as such deadlines may be extended from time to time;
(iii) Being current with all Federal, State and local tax
obligations;
(vi) Complying with the covenants, obligations and agreements
in Sections VIII, IX, X and XII of this Agreement; and
3873855 8
(vii) Otherwise being in compliance with all of the terms of this
Agreement and the laws and regulations of the Village.
Z The Village shall authorize the payment of the Incentives in Section
VI.B.3.-5. directly to contractors or subcontractors on the Project,
as the case may be, upon satisfaction of all the following
conditions:
(i) The disbursement is authorized by this Agreement and the
disbursement is an Eligible Cost;
(ii) Developer has satisfied the conditions in Section VI.C.1.;
(iii) Developer has submitted to the Village's Director of Finance
a sworn disbursement request, along with appropriate
supporting documentation in relation thereto, requesting
payment of a portion of the Incentive, including Developer's
representation that the requested disbursement is an Eligible
Cost;
(iv) Developer is not in default of any material provision of this
Agreement,
(v) The Developer shall, upon request by the Village, provide
the Village with all reasonable and customary documentation
required by the Village to evidence the cost of the Incentive,
such records to include, but not be limited to, all invoices for
the claimed Incentive, all contracts with the Developer's
contractors, subcontractors, their affidavits, lien waivers with
invoices, copies of checks and any other documentation
reasonably requested by the Village and/or in the
possession of the Developer; and
(vi) The Village has validated the costs associated with the
disbursement request which shall be done within the ten (10)
business day period following the submission of the
disbursement request.
D. Payback by Developer. If this Agreement terminates due to the breach of
any of the Developer's obligations, Developer shall repay the Village the
Incentives incurred by the Village:
The Agreement is terminated before Developer commences
construction of the Project: One Hundred Percent (100%).
387385_5 9
2. The Agreement is terminated after Developer commences
construction of the Project but before the Developer completes
construction of the Project: Seventy Five Percent (75%).
3. The Agreement is terminated after Developer completes
construction of the Project but before Developer obtains a
Certificate of Project Completion: Twenty Five Percent (25%).
If this Agreement is cancelled or terminated pursuant to Section XVIII.A.,
Developer shall repay the Village all of the Incentives paid by the Village
pursuant to Section VI.B.3.-5.
Any repayment owed by Developer to the Village hereunder shall be made
by Developer within thirty (30) days of a written demand by the Village for
such repayment.
VII. UNDERTAKINGS ON THE PART OF THE VILLAGE
A. The Village agrees to:
Cooperate with Developer in Developer's attempts to obtain all
necessary approvals, licenses and/or permits from any
governmental or quasi -governmental entity other than the Village
and, upon request of Developer, will promptly execute any
applications or other documents (upon their approval by the Village)
which Developer intends to file with such other governmental
agencies, quasi -governmental agencies and/or utility companies in
regard to the Project.
2. Waive the fee for the connection of the Subject Property to the
Village's water supply occurring during the construction of the
Project.
B. The Village shall further promptly respond to, and/or process, and
consider reasonable requests of Developer for applicable building
approvals and/or permits, driveway permits, drive thru permits, special use
.permits (if and to the extent applicable), curb cut permits, or other
approvals, permits and/or licenses necessary for the construction of the
Project. Approval of any building approvals and/or permit applications
and/or engineering plans and/or operating licenses (including liquor
licenses, subject to the applicant therefor being qualified to receive same
under both State law and the Village's ordinances) shall be contingent on
the Developer providing all required and requested documentation
including, but not limited to, building plans required to substantiate that
said improvements fully conform with all applicable State statutes and also
all Village ordinances and codes, as well as receipt of all required building
3873855 10
approvals from any federal, state, regional or county agencies having
applicable jurisdiction.
VIII. DEVELOPER'S OBLIGATIONS
Developer shall have the obligations set forth below, in addition to those set forth
elsewhere in this Agreement, for the development, construction, financing,
completion and furtherance of the Project:
A. The Developer shall construct the Project materially and substantially in
conformance with the approvals therefor from the Village. The Developer
shall pay or cause to be paid all building -related fees required by the
Village Code.
B. The Developer shall at all times acquire, install, construct, operate and
maintain the Project in substantial conformance with all applicable laws,
rules, ordinances, and regulations. All work with respect to the Project
shall substantially conform to all applicable federal, State and local laws,
regulations and ordinances, including, but not limited to, zoning,
subdivision and planned development codes, building codes,
environmental laws (including any law relating to public health, safety and
the environment and the amendments, regulations, orders, decrees,
permits, licenses or deed restrictions now or hereafter promulgated
thereafter), life safety codes, property maintenance codes and any other
applicable codes and ordinances of the Village, or any of its rules or
regulations or amendments thereto which are in effect from time to time
during the construction and maintenance of the Project and/or during the
term of this Agreement.
C. During the initial construction of the Project as herein contemplated, the
Developer shall stage its construction of the Project to avoid to the fullest
extent possible any material community disruption. During construction,
the Developer shall also keep all public streets used by the Developer
clean on a daily basis, and for each day in which such public streets are
not properly clean and such condition is not remedied within twenty four
(24) hours of written notice to Developer, the Developer shall pay the
Village the sum of Two Hundred Fifty and No/100 Dollars ($250.00) for
each such violation.
D. Developer shall park and stage all construction equipment, materials and
vehicles to be used in relation to the construction of the Project on the
Property.
E. Developer shall submit written evidence to the Village, in a form and
substance reasonably satisfactory to the Village, that Developer has
access to sufficient funds to pay any costs of the Project within ninety (90)
3873855 11
days after the Effective Date. Such evidence can include, without
limitation, commitments for financing and/or letters of credit from a lender,
and/or investor commitments, for the anticipated costs of such Project.
F. Developer shall meet with the Corporate Authorities and Village staff and
make presentations to the Corporate Authorities and Village staff as
reasonably requested by the Village Mayor or Village Manager in order to
keep the Village apprised of the progress of the Project.
G. The Developer shall have a period of ninety (90) days after the Effective
Date (the "Due Diligence Period") to perform investigations of the
Property, including, but not limited to environmental investigations, and
determine, in Developer's sole and absolute discretion, whether the
Property is suitable for Developers use. Developer shall have the right to
terminate this Agreement, at any time prior to the expiration of the Due
Diligence Period, as a result of an adverse environmental condition on the
Property, which is discovered by the Developer and which either prevents
the construction of the Project by the Developer, in Developer's
reasonable judgment, or materially increases the cost of the construction
of the Project.
IX. ADDITIONAL COVENANTS OF DEVELOPER
A. Developer Existence. Developer will do or cause to be done all things
necessary to preserve and keep in full force and effect its existence and
standing as a an Illinois limited liability company, so long as this
Agreement is in effect, and for so long as Developer maintains an interest
in the Property or has any other remaining obligation pursuant to the terms
of this Agreement.
B. Further Assistance and Corrective Instruments. The Village and
Developer agree that they will, from time to time, execute, acknowledge
and deliver, or cause to be executed, acknowledged and delivered, such
supplements hereto and such further instruments as may be reasonably
required for carrying out the intention of or effectuate or facilitating the
performance of this Agreement to the extent legally permitted and within
the Village's and the Developer's sound legal discretion.
C. No Gifts. Developer covenants that no director, employee or agent of
Developer, or any other Person connected with Developer, has made,
offered or given, either directly or indirectly, to any member of the
Corporate Authorities, or any officer, employee or agent of the Village, or
any other Person connected with the Village, any money or anything of
value as a gift or bribe or other means of influencing his or her action in
his or her capacity with the Village.
3873855 12
D. Disclosure. Concurrently with execution of this Agreement, Developer
shall disclose to the Village the names, addresses and ownership interests
of all Persons that have an ownership interest in the Developer, together
with such supporting documentation that may be reasonably requested by
the Village. Developer further agrees to notify the Village throughout the
term of this Agreement of the names, addresses and ownership interests
of any changes of owners of the Developer.
E. Prevailinq Waqe. Developer agrees to pay the Prevailing Wage under
the Illinois Prevailing Wage Act to the extent improvements relative to the
Project are, upon completion, owned by the Village.
X. ADHERENCE TO VILLAGE CODES AND ORDINANCES
Except as otherwise provided for in this Agreement, all development and
construction of the Project shall comply in all respects with the provisions in the
building, plumbing, mechanical, electrical, storm water management, fire
prevention, property maintenance, zoning and subdivision codes of the Village
and all other germane codes and ordinances of the Village in effect from time to
time during the course of construction of the Project.
XI. SPECIAL CONDITIONS
A. Certificate of Project Completion. Within thirty (30) days after written
request from Developer, and provided that Developer has not received
any notice of default under this Agreement or notice of non-compliance
with any Village codes with respect to Developer's construction
obligations, any of which have not been cured, and after the Village has
issued the final certificate of occupancy for the proposed building on the
Property, and has confirmed that the proposed building on the Property
has been constructed in substantial and material compliance with all
Village codes and this Agreement, the Village shall deliver a certificate of
completion and satisfaction of all construction terms, covenants and
conditions contained in this Agreement (the "Certificate of Project
Completion") or, if not complete or satisfied, a written statement as to what
deficiencies exist, and upon Developer's correction of such issues, the
Village shall then promptly issue to Developer a Certificate of Project
Completion.
B. Certification of Developer's Project Cost. Within thirty (30) days of the
issuance of the Certificate of Project Completion, the Developer shall
certify, in writing, to the Village, the amount spent by the Developer
(inclusive of all hard and soft costs) to complete the Project, and an
estimate of the number of jobs to be generated or created by the Project.
C. Release of Sales Tax; Information. The Developer shall take all
3873855 13
reasonable actions necessary to cause, and/or shall take all reasonable
actions necessary to require, any tenants or business entity occupant(s) of
the Project to cause, the Illinois Department of Revenue to release the
sales tax information/documentation, relative to the Project, to the Village.
In the alternative, the Developer can file with the Village, or cause the
business entity occupant(s) of the Project to file with the Village, copies of
the sales tax returns filed by said business entity occupant(s) of the
Project with the Illinois Department of Revenue (currently the ST -2 form
filed with the Illinois Department of Revenue on a monthly basis). For
purposes of this subsection, sales tax means taxes generated from the
Project, and received by the Village, from the Retailers' Occupation Tax
Act, 35 ILCS 120/1, et seq. and the Service Occupation Tax Act, 35 ILCS
115/1, et seq.
D. Employment Opportunities. To the extent feasible, the Developer shall
make reasonable efforts to notify Village residents of employment
opportunities that are available relative to the Project, and, to the extent
permitted by law, make reasonable efforts to employ qualified residents of
the Village in relation to the Project.
XII, REPRESENTATIONS AND WARRANTIES OF DEVELOPER
Developer represents, warrants and agrees as the basis for the undertakings on
its part herein contained that as of the date hereof and until completion of the
Project:
A. Developer is an Illinois limited liability company, and is authorized to and
has the power to enter into, and by proper action has been duly authorized
to execute, deliver and perform, this Agreement. Developer is solvent,
able to pay its debts as they mature and financially able to perform all the
terms of this Agreement. To Developer's knowledge, there are no actions
at law or similar proceedings which are pending or threatened against
Developer which would result in any material and adverse change to
Developer's financial condition, or which would materially and adversely
affect the level of Developer's assets as of the date of this Agreement or
that would materially and adversely affect the ability of Developer to
proceed with the construction and development of the Project.
B. Neither the execution and delivery of this Agreement by Developer, the
consummation of the transactions contemplated hereby by Developer, nor
the fulfillment of or compliance with the terms and conditions of this
Agreement by Developer conflicts with or will result in a breach of any of
the terms, conditions or provisions of any offerings or disclosure statement
made or to be made on behalf of Developer (with Developer's prior written
approval), any organizational documents, any restriction, agreement or
instrument to which Developer or any of its partners, directors, or
3873855 14
venturers is now a party or by which Developer or any of its partners,
directors or venturers is bound, or constitutes a default under any of the
foregoing, or results in the creation or imposition of any prohibited lien,
charge or encumbrance whatsoever upon any of the assets or rights of
Developer, any related party or any of its partners, directors or venturers
under the terms of any instrument or agreement to which Developer, any
related party or any of its partners, directors or venturers is now a party or
by which Developer, any related party or any of its partners, directors or
venturers is bound.
C. Developer has, or will have within sixty (60) days of the Acquisition Date,
sufficient financial and economic resources to implement and complete
Developer's obligations contained in this Agreement.
D, Developer represents and warrants that it has not received any notice
from any local, State or federal official that the activities of Developer with
respect to the Property and/or the Project may or will be in violation of any
environmental law or regulation. Developer is not aware of any State or
federal claim filed or planned to be filed by any Party relating to any
violation of any local, State or federal environmental law, regulation or
review procedure, and Developer is not aware of any violation of any local,
State or federal law, regulation or review procedure which would give any
person a valid claim under any State or federal environmental statute.
E. Developer represents and warrants to the Village that Developer, and its
respective principals, are experienced in the design, construction and
completion of housing developments similar or comparable to the Project,
and are able to provide the Project with the necessary skill, knowledge
and expertise as well as input from other experts and consultants in the
construction and operation of such a Project.
F. Developer and successor owners agree to pay or cause to be paid all
general and special real estate taxes levied during their respective period
of ownership against their respective interest in the Project on or prior to
the date same is due and said taxes shall not become delinquent.
Developer and successor owners shall deliver evidence of payment of
such taxes to the Village upon request.
G. Consistent with its covenant in subsection F. above, the Developer and
successor owners shall not assert a tax-exempt status during their
respective period of ownership. This prohibition shall run with the land and
shall expire on the date the Redevelopment Project Area expires or an
earlier date if agreed by the Village and Developer.
H. Developer represents and warrants to the Village that, in connection with
this transaction, no third -party broker or finder has been engaged or
3873855 15
consulted by it, or its subsidiaries or agents or employees, or, through
such the Developer's actions (or claiming through such party), which is
entitled to compensation as a consequence of this transaction.
XIII. REPRESENTATIONS AND WARRANTIES OF THE VILLAGE
The Village represents, warrants and agrees as the basis for the undertakings on
its part herein contained that:
A. The Village is an Illinois home rule municipal corporation duly organized
and validly existing under the laws of the State of Illinois, and has all
requisite corporate power and authority to enter into this Agreement.
B. The execution, delivery and performance of this Agreement and the
consummation by the Village of the transactions provided for herein and
the compliance with the provisions of this Agreement:
1. have been duly authorized by all necessary corporate action on the
part of the Village;
2. require no other consents, approvals or authorizations on the part
of the Village in connection with the Village's execution and delivery
of this Agreement; and
3. shall not, by lapse of time, giving of notice or otherwise result in any
breach of any term, condition or provision of any indenture,
agreement or other instrument to which the Village is subject.
C. To the best of the Village's knowledge, there are no proceedings pending
or threatened against or affecting the Village or the TIF District in any
court or before any governmental authority which involves the possibility of
materially or adversely affecting the ability of the Village to perform its
obligations under this Agreement, except for the case of Board of
Education of Township High School District No. 214 v. Village of Mount
Prospect, 2017 CH 08478, pending in the Circuit Court of Cook County.
D. The Village has sufficient financial and economic resources to implement
and complete the Village's obligations contained in this Agreement.
E. The Village represents and warrants to the Developer that, in connection
with this transaction, no third -party broker or finder has been engaged or
consulted by it, or its subsidiaries or agents or employees, or, through
such the Village's actions (or claiming through such party), is entitled to
compensation as a consequence of this transaction.
XIV. INSURANCE
3873855 16
A. The Developer, and any successor in interest to the Developer, shall
obtain and continuously maintain insurance on the Property and the
Project and, from time to time at the request of the Village, furnish proof to
the Village evidence that the premiums for such insurance have been paid
and the insurance is in effect. The insurance coverage described below is
the minimum insurance coverage that the Developer must obtain and
continuously maintain, provided that the Developer shall obtain the
insurance described in subsection 1. below prior to the commencement of
construction of any portion of the Project.-
Builder's
roject:
Builder's risk insurance, written on the so-called "Builder's Risk -
Completed Value Basis," in an amount equal to one hundred
percent (100%) of the insurable value of the Project at the date of
completion, and with coverage available in non -reporting form on
the so-called "all risk" form of policy.
2. Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed
operations and contractual liability insurance) together with an
Owner's/Contractor's Policy on a primary non-contributory basis
naming the Village and its officers, agents and employees as
additional insureds, with limits against bodily injury and property
damage of not less than $5,000,000.00 for each occurrence (to
accomplish the above -required limits, an umbrella excess liability
policy may be used), written on an occurrence basis.
3. Workers compensation insurance, with statutory coverage if
applicable to the Developer.
B. All insurance required in this Section XIV. shall be obtained and
continuously maintained through responsible insurance companies
selected by the Developer or its successors that are authorized under the
laws of the State to assume the risks covered by such policies. Unless
otherwise provided in this Section XIV., cancellation relative to each policy
shall be as provided by the policy; however, the Village must be named as
a cancellation notice recipient. Not less than fifteen (15) days prior to the
expiration of any policy, the Developer, or its successor or assign, must
renew the existing policy or replace the policy with another policy
conforming to the provisions of this Section XIV. In lieu of separate
policies, the Developer or its successor or assign, may maintain a single
policy, blanket or umbrella policies, or a combination thereof, having the
coverage required herein.
XV. INDEMNIFICATION, HOLD HARMLESS AND RELEASE PROVISIONS
3873855 17
A. Developer releases from and covenants and agrees that the Village, its
governing body members, officers, agents, including independent
contractors, consultants, attorneys, servants and employees thereof (for
purposes of this Section XV., collectively the "Village Indemnified Parties")
shall not be liable for, and agrees to indemnify and hold harmless the
Village Indemnified Parties against any loss or damage to property or any
injury to or death of any person occurring at or about or resulting from any
defect in the Project or the Property or arising pursuant to the Developer's
obligations or warranties under this Agreement or actions in furtherance
thereof to the extent not attributable to the gross negligence or willful
misconduct of the Village Indemnified Parties; provided, that this waiver
shall not apply to the warranties made or obligations undertaken by the
Village in this Agreement.
B, Except for gross negligence or willful misconduct of the Village
Indemnified Parties, Developer agrees to indemnify the Village
Indemnified Parties, now and forever, and further agrees to hold the
aforesaid harmless from any claims, demands, suits, costs, expenses
(including reasonable attorney's fees), actions or other proceedings
whatsoever by any person or entity whatsoever arising or purportedly
arising from the actions or inactions of Developer (or if other Persons
acting on their behalf or under its direction or control) under this
Agreement, or the transactions contemplated hereby or the acquisition,
construction, installation, ownership, and operation of the Project.
C. Except as otherwise set forth herein, the Village makes no warranties or
representations regarding, nor does it indemnify the Developer with
respect to, the existence or nonexistence on or in the vicinity of the
Property, or anywhere within the TIF District of any toxic or hazardous
substances of wastes, pollutants or contaminants (including, without
limitation, asbestos, urea formaldehyde, the group of organic compounds
known as polychlorinated biphenyls, petroleum products including
gasoline, fuel oil, crude oil and various constituents of such products, or
any hazardous substance as defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C.
§§ 9601-9657, as amended) (collectively, the "Hazardous Substances").
The foregoing disclaimer relates to any Hazardous Substance allegedly
generated, treated, stored, released or disposed of, or otherwise placed,
deposited in or located on or in the vicinity of the Property, or within the
TIF District, as well as any activity claimed to have been undertaken on or
in the vicinity of the Property, that would cause or contribute to causing (1)
the Property to become a treatment, storage or disposal facility within the
meaning of, or otherwise bring the Property within the ambit of, the
Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C.
§6901 et seq., or any similar State law or local ordinance, (2) a release or
threatened release of toxic or hazardous wastes or substances, pollutants
3873855 18
or contaminants, from the Property, within the meaning of, or otherwise
bring the Property within the ambit of, CERCLA, or any similar State law or
local ordinance, or (3) the discharge of pollutants or effluents into any
water source or system, the dredging or filling of any waters or the
discharge into the air of any emissions, that would require a permit under
the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq., or any
similar State law or local ordinance. Further, the Village makes no
warranties or representations regarding, nor does the Village indemnify
the Developer with respect to, the existence or nonexistence on or in the
vicinity of the Project, or anywhere within the Property or the TIF District,
of any substances or conditions in or on the Property, that may support a
claim or cause of action under RCRA, CERCLA, or any other federal,
State or local environmental statutes, regulations, ordinances or other
environmental regulatory requirements. The Village makes no
representations or warranties regarding the existence of any above
ground or underground tanks in or about the Property, or whether any
above or underground tanks have been located under, in or about the
Property have subsequently been removed or filled. The Village warrants
and represents to Developer that it has not received notice, other than as
already provided to the Developer by the Village in the environmental
reports provided to the Developer by the Village, from any agency,
individual or entity of any violation of any environmental law relating to any
Hazardous Substances affecting the Property.
D. The Developer waives any claims against the Village Indemnified Parties,
and their members and boards, for indemnification, contribution,
reimbursement or other payments arising under federal, State and
common law relating to the environmental condition of the land comprising
the Property.
E. No liability, right or claim at law or inequity shall attach to or shall be
incurred by the Village's Mayor, Trustees, officers, officials, attorneys,
agents and/or employees, and any such rights or claims of the Developer
against the Village's Mayor, Trustees, officers, officials, attorneys, agents
and/or employees are hereby expressly waived and released as a
condition of and as consideration for the execution of the Agreement by
the Village.
F. The Village releases from and covenants and agrees that Developer, its
members, shareholders, officers, directors, agents, including independent
contractors, consultants, attorneys, servants and employees thereof (for
purposes of this Section XV., collectively the "Developer Indemnified
Parties") shall not be liable for, and agrees to indemnify and hold harmless
the Developer Indemnified Parties against any loss or damage to property
or any injury to or death of any person arising pursuant to the Village's
obligations or warranties under this Agreement or actions in furtherance
3873855 19
thereof to the extent not attributable to the gross negligence or willful
misconduct of the Developer Indemnified Parties.
XVI. EVENTS OF DEFAULT AND REMEDIES
A. Devel+o er Events of Default. The following shall be Events of Default
with respect to this Agreement:
If any material representation made by Developer in this
Agreement, or in any certificate, notice, demand or request made
by a Party hereto, in writing and delivered to the Village pursuant to
or in connection with any of said documents, shall prove to be
untrue or incorrect in any material respect as of the date made,
provided, however, that such default shall constitute an Event of
Default only if Developer does not remedy the default, within thirty
(30) days after written notice from the Village and in any event
(subject to Uncontrollable Circumstances) cures such default within
ninety (90) days after such notice.
2. Default by Developer for a period of thirty (30) days after written
notice thereof in the performance or breach of any material
covenant contained in this Agreement concerning the existence,
structure or financial condition of Developer, provided, however,
that such default or breach shall not constitute an Event of Default if
such default cannot be cured within said thirty (30) days and
Developer, within said thirty (30) days, initiates and diligently
pursues appropriate measures to remedy the default and in any
event (subject to Uncontrollable Circumstances) cures such default
within sixty (60) days after such notice.
3. Default by Developer for a period of thirty (30) days after written
notice thereof in the performance or breach of any material
covenant, warranty or obligation contained in this Agreement,
provided, however, that such default shall not constitute an Event of
Default if such default cannot be cured within said thirty (30) days
and the Developer, within said thirty (30) days initiates and
diligently pursues appropriate measures to remedy the default and
in any event (subject to Uncontrollable Circumstances) cures such
default within sixty (60) days after such notice.
4. The entry of a decree or order for relief by a court having
jurisdiction in the premises in respect of Developer in an involuntary
case under the federal bankruptcy laws, as now or hereafter
constituted, or any other applicable federal or State bankruptcy,
insolvency or other similar law, or appointing a receiver, liquidator,
assignee, custodian, trustee, sequestrator (or similar official) of
387385...5 20
Developer for any substantial part of its property, or ordering the
winding -up or liquidation of its affairs and the continuance of any
such decree or order unstayed and in effect for a period of forty five
(45) consecutive days.
5. The commencement by Developer of a voluntary case under the
federal bankruptcy laws, as now or hereafter constituted, or any
other applicable federal or State bankruptcy, insolvency or other
similar law, or the consent by Developer to the appointment of or
taking possession by a receiver, liquidator, assignee, trustee,
custodian, sequestrator (or similar official) of Developer or of any
substantial part of the Property, or the making by any such entity of
any assignment for the benefit of creditors or the failure of
Developer generally to pay such entity's debts as such debts
become due or the taking of action by Developer in furtherance of
any of the foregoing, or a petition is filed in bankruptcy by others.
6. Failure to have funds as timely required to meet Developer's
obligations to construct the Project and obtain a Certificate of
Project Completion.
7. A sale, assignment, or transfer of the Project, except in accordance
with this Agreement.
8. Material change in the management of Developer, except in
accordance with this Agreement.
9, Developer abandons the Project on the Property. Abandonment
shall be deemed to have occurred when work stops on the Property
for more than thirty (30) consecutive days for any reason other than
Uncontrollable Circumstances and such work is not resumed within
thirty (30) days of written demand by the Village.
10. Developer fails to comply with applicable governmental codes and
regulations in relation to the construction and maintenance of the
Project contemplated by this Agreement and such failure continues
for more than thirty (30) days after written notice thereof from the
Village; provided, however, that such default or breach shall not
constitute an Event of Default if such default cannot be cured within
said thirty (30) days and Developer, within said thirty (30) days,
initiates and diligently pursues appropriate measures to remedy the
default and in any event (subject to Uncontrollable Circumstances)
cures such default within sixty (60) days after such notice. The
maintenance requirement of this provision shall not be covered by
and shall survive any Certificate of Project Completion or Estoppel
Certificate of any kind issued during the term of this Agreement.
387385.,.5 21
11, A material representation or warranty of Developer is not true for a
period of thirty (30) days after written notice from the Village;
provided, however, that such default or breach shall not constitute
an Event of Default if such default cannot be cured within said thirty
(30) days and Developer, within said thirty (30) days, initiates and
diligently pursues appropriate measures to remedy the default and
in any event (subject to Uncontrollable Circumstances) cures such
default within sixty (60) days after such notice.
B. 'Villa a Events of Default. The following shall be Events of Default with
respect to this Agreement:
If any material representation made by the Village in this
Agreement, or in any certificate, notice, demand or request made
by a Party hereto, in writing and delivered to Developer pursuant to
or in connection with any of said documents, shall prove to be
untrue or incorrect in any material respect as of the date made;
provided, however, that such default shall constitute an Event of
Default only if the Village does not remedy the default, within thirty
(30) days after written notice from Developer and in any event
(subject to Uncontrollable Circumstances) cures such default within
ninety (90) days after such notice.
2. Default by the Village in the performance or breach of any material
covenant contained in this Agreement concerning the existence,
structure or financial condition of the Village; provided, however,
that such default or breach shall constitute an Event of Default only
if the Village does not, within thirty (30) days after written notice
from Developer, initiate and diligently pursue appropriate measures
to remedy the default and in any event (subject to Uncontrollable
Circumstances) cures such default within forty five (45) days after
such notice.
3. Default by the Village in the performance or breach of any material
covenant, warranty or obligation contained in this Agreement;
provided, however, that such default shall not constitute an Event of
Default if the Village, commences cure within thirty (30) days after
written notice from Developer and in any event cures such default
within forty five (45) days after such notice, subject to
Uncontrollable Circumstances.
4. A material representation or warranty of the Village is not true for a
period of thirty (30) days after written notice from Developer;
provided, however, that such default or breach shall not constitute
an Event of Default if such default cannot be cured within said thirty
3873855 22
(30) days and the Village, within said thirty (30) days, initiates and
diligently pursues appropriate measures to remedy the default and
in any event (subject to Uncontrollable Circumstances) cures such
default within forty five (45) days after such notice.
C. Remedies for Default. In the case of an Event of Default hereunder:
The defaulting Party shall, upon written notice from the non -
defaulting Party, take prompt action to cure or remedy such Event
of Default. If, in such case, any monetary Event of Default is not
cured, or if in the case of a non -monetary Event of Default, except
for circumstances contemplated under Section XVI.M., action is
not taken or not diligently pursued, or if action is taken and
diligently pursued but such Event of Default or breach shall not be
cured or remedied within the cure periods specified therefor, unless
extended by mutual agreement, the non -defaulting Party may
institute such proceedings as may be necessary or desirable in its
opinion to cure or remedy such default or breach, including, but not
limited to, proceedings to compel specific performance of the
defaulting Party's obligations under this Agreement.
2. In case a Party shall have proceeded to enforce its rights under this
Agreement and such proceedings shall have been discontinued or
abandoned for any reason, then, and in every such case, the
Parties shall be restored respectively to their several positions and
rights hereunder, and all rights, remedies and powers of Developer
and the Village shall continue as though no such proceedings had
been taken.
3. In no event shall either Party be liable to the other for any
consequential or punitive damages suffered as a result of a default
under this Agreement.
D. A reernent to Pay Attorneys' Fees and Expenses. In the event an
Event of Default is not cured within the applicable cure periods and the
Parties employ an attorney or attorneys or incur other expenses for the
collection of the payments due under this Agreement or the enforcement
of performance or observance of any obligation or agreement herein
contained, the non -prevailing Party shall pay, on demand, the prevailing
Party's reasonable fees of such attorneys and such other reasonable
expenses in connection with such enforcement action.
E. No Waiver by Delay or Otherwise. Any delay by any Party in instituting
or prosecuting any actions or proceedings or otherwise asserting its rights
under this Agreement shall not operate to act as a waiver of such rights or
to deprive it of or limit such rights in any way (it being the intent of this
3873855 23
provision that any Party should not be deprived of or limited in the
exercise of the remedies provided in this Agreement because of concepts
of waiver, laches or otherwise); nor shall any waiver in fact made with
respect to any specific Event of Default be considered or treated as a
waiver of the rights by the waiving Party of any future Event of Default
hereunder, except to the extent specifically waived in writing. No waiver
made with respect to the performance, nor the manner or time thereof, of
any obligation or any condition under the Agreement shall be considered a
waiver of any rights except if expressly waived in writing.
F. Rights and Remedies Cumulative. The rights and remedies of the
Parties to this Agreement, whether provided by law or by this Agreement,
shall be cumulative, and the exercise of any one or more of such remedies
shall not preclude the exercise by such Party, at that time or different
times, of any other such remedies for the same Event of Default.
G. Legal and Other Fees and Expenses. Other than for demands, suits,
costs, expenses (including reasonable attorney's fees), actions or other
proceedings covered by Section XV. above, in the event that any third
party or parties institute any legal proceedings against the Developer
and/or the Village, which relate to the terms of this Agreement, then, in
that event, the Parties shall cooperate in the defense of any such lawsuit,
with each Party assuming, fully and vigorously, its own defense of such
lawsuit, and all costs and expenses of its own defense, of whatever nature
(including attorney's fees).
XVII. EQUAL EMPLOYMENT OPPORTUNITY
A. No Discrimination. Developer shall comply with all federal, state and
local laws relating to equal employment opportunity. To the extent
permitted by law, Developer shall use reasonable efforts to employ
qualified residents of the Village as to any direct hires by the Developer, if
applicable.
B. Advertlsern nts. Developer shall, in all solicitations or advertisements for
employees placed by or on behalf of Developer, if applicable, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
C. Contractors. Any contracts made by Developer with any general
contractor, agent, employee, independent contractor or any other Person
in connection with the Project shall contain language similar to that recited
in subsections A. and B. above. The Developer shall make reasonable
efforts to incorporate language similar to that recited in subsections A. and
B. in any leases made by Developer in connection with the Project.
387385 5 24
XVIII. MISCELLANEOUS PROVISIONS
A. Cancellation. Notwithstanding any terms in this Agreement to the
contrary, in the event Developer or the Village shall be prohibited, in any
material respect, from performing covenants and agreements or enjoying
the rights and privileges herein contained, or contained in the TIF Plan,
including Developer's duty to build the Project and operate the Project, by
the order of any court of competent jurisdiction, or in the event that all or
any part of the Act or any ordinance adopted by the Village in connection
with the Project, shall be declared invalid or unconstitutional, in whole or in
part, by a final decision of a court of competent jurisdiction and such
declaration shall materially affect the Project or the covenants and
agreements or rights and privileges of Developer or the Village, then and
in any such event, the Party so materially affected may, at its election,
cancel or terminate this Agreement in whole (or in part with respect to that
portion of the Project materially affected) by giving written notice thereof to
the other Parties within one hundred twenty (120) days after such final
decision or amendment. Further, the cancellation or termination of this
Agreement shall have no effect on the authorizations granted to Developer
for buildings, or the remodeling of any building, permitted and under
construction, to the extent permitted by said court order; and the
cancellation or termination of this Agreement shall have no effect on
perpetual easements contained in any recorded, properly executed
document.
B. Notices.. All notices, certificates, approvals, consents or other
communications desired or required to be given hereunder shall be given
in writing at the addresses set forth below, by any of the following means:
(1) personal service, (2) electronic communications, whether by electronic
mail, telex, telegram or telecopy, but only if followed up, within one (1)
business day, by another method of notice, (3) overnight courier, or (4)
registered or certified first class mail, postage prepaid, return receipt
requested.
If to Village, Arlene Juracek, Mayor
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, Illinois 60056
Email: ajuracek@mountprospect.org
With a copy to: Michael Cassady, Village Manager
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, Illinois 60056
Email: mcassady@mountprospect.org
387385_5 25
and:. Klein, Thorpe and Jenkins, Ltd.
20 North Wacker Drive, Suite 1660
Chicago, Illinois 60606-2903
Attention: Lance C. Malina / Gregory T. Smith
Email: Icmalina@ktjlaw.com / gtsmith@ktjlaw.com
If to Developer: Park Terrace Mount Prospect, LLC
Attn: Richard Bondarowicz
Email: rich@smartgroupchicago.com
11 W. College Drive, Unit J
Arlington Heights, Illinois 60004
With a copy to: John A. Kukankos
One S. Wacker, Ste. 2500
Chicago, IL 60606
Email: john.kukankoslawpc@pretzel-stouffer.com
The Parties, by notice hereunder, may designate any further or different
addresses to which subsequent notices, certificates, approvals, consents
or other communications shall be sent. Any notice, demand or request
sent pursuant to either clause (1) or (2) hereof shall be deemed received
upon such personal service or upon dispatch by electronic means. Any
notice, demand or request sent pursuant to clause (3) shall be deemed
received on the day immediately following deposit with the overnight
courier, and any notices, demands or requests sent pursuant to clause (4)
shall be deemed received forty-eight (48) hours following deposit in the
mail.
C. Time Is of the Essence. Time is of the essence of this Agreement.
Notwithstanding the foregoing, if the date for performance of any of the
terms, conditions and provisions of this Agreement shall fall on a
Saturday, Sunday or legal holiday, then the date of such performance
shall be extended to the next business day.
D. Integration. Except as otherwise expressly provided herein, this
Agreement supersedes all prior agreements, negotiations and discussions
relative to the subject matter hereof and is a full integration of the
agreement of the Parties.
E. Couinterarts. This Agreement may be executed in any number of
counterparts, but in no event less than two (2) counterparts, each of which
shall be an original and each of which shall constitute but one and the
same Agreement.
3873855 26
F, Recordation of Agreement. The Parties agree to record this Agreement
with the Cook County Recorder's Office against title to the Property. The
Village and the Developer shall equally share the cost of the recording
charges. The Developer's rights and obligations in this Agreement are
covenants running with title to the Property and successor owners of the
Property shall be and are bound by this Agreement to the same extent as
Developer.
G. Severability, If any provision of this Agreement, or any Section,
sentence, clause, phrase or word, or the application thereof, in any
circumstance, is held to be invalid, the remainder of this Agreement shall
be construed as if such invalid part were never included herein, and this
Agreement shall be and remain valid and enforceable to the fullest extent
permitted by law.
H. Choice of Law / Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois, and any
court proceedings between the Parties hereto shall be brought in Cook
County, Illinois.
Entire Contract and Amendments. This Agreement (together with the
exhibits attached hereto) is the entire contract between the Village and the
Developer relating to the subject matter hereof, supersedes all prior and
contemporaneous negotiations, understandings and agreements, written
or oral, between the Village and the Developer, and may not be modified
or amended except by a written instrument executed by the Parties
hereto.
Jw Third Parties. Nothing in this Agreement, whether expressed or implied,
is intended to confer any rights or remedies under or by reason of this
Agreement on any other Person other than the Village and the Developer,
nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third parties to the Village and the Developer,
nor shall any provision give any third parties any rights of subrogation or
action over or against the Village or the Developer. This Agreement is not
intended to and does not create any third party beneficiary rights
whatsoever.
K. Waiver. Any Party to this Agreement may elect to waive any right or
remedy it may enjoy hereunder, provided that no such waiver shall be
deemed to exist unless such waiver is in writing. No such waiver shall
obligate the waiver of any other right or remedy hereunder, or shall be
deemed to constitute a waiver of other rights and remedies provided
pursuant to this Agreement.
3873855 27
L. Cooperation and Further Assurances. The Village and the Developer
each covenant and agree that each will do, execute, acknowledge and
deliver or cause to be done, executed and delivered, such agreements,
instruments and documents supplemental hereto and such further acts,
instruments, pledges and transfers as may be reasonably required for the
better clarifying, assuring, mortgaging, conveying, transferring, pledging,
assigning and confirming unto the Village or the Developer, or other
appropriate Persons, all and singular the rights, property and revenues
covenanted, agreed, conveyed, assigned, transferred and pledged under
or in respect of this Agreement.
M. No e Agency or Partnershi Created.. Nothing in this
Agreement, or any actions of the Parties to this Agreement, shall be
construed by the Parties or any third party to create the relationship of a
partnership, agency or joint venture between or among such Parties.
N. No Personal Liability of Officials of the Villaae or the Developer. No
covenant or agreement contained in this Agreement shall be deemed to
be the covenant or agreement of the Corporate Authorities, Village
Manager, any elected official, officer, partner, member, shareholder,
manager, director, agent, employee or attorney of the Village or the
Developer, in his or her individual capacity, and no elected official, officer,
partner, member, director, agent, employee or attorney of the Village or
the Developer shall be liable personally under this Agreement or be
subject to any personal liability or accountability by reason of or in
connection with or arising out of the execution, delivery and performance
of this Agreement, or any failure in that connection.
O, Repealer. To the extent that any ordinance, resolution, rule, order or
provision of the Village's code of ordinances,,..ar,-aRy.part, thereof, is in
conflict with the provisions of this Agreement, the provisions of this
Agreement shall be controlling, to the extent lawful.
P. Term. This Agreement shall remain in full force and effect until the
termination of the Redevelopment Project Area.
Q, Estormel Certificates. Each of the Parties hereto agrees to provide the
other, upon not less than fifteen (15) days prior request, a certificate
("Estoppel Certificate") certifying that this Agreement is in full force and
effect (unless such is not the case) in which case such Party shall specify
the basis for such claim), that the requesting Party is not in default of any
term, provision or condition of this Agreement beyond any applicable
notice and cure provision (or specifying each such claimed default) and
certifying such other matters reasonably requested by the requesting
Party. If either Party fails to comply with this provision within the time limit
specified, and if, after an additional seven (7) days' notice there still is no
3873855 28
compliance, then said non -complying Party shall be deemed to have
appointed the other as its attorney-in-fact for execution of same on its
behalf as to that specific request only_
R. Assinrnent, This Agreement, and the rights and obligations hereunder,
may not be assigned by Developer prior to the expiration of one (1) year
from the date the Village issues Developer a Certificate of Project
Completion, unless the Village consents in writing to such assignment
which consent shall not be unreasonably withheld or delayed, and unless
the assignee consents in writing to be bound by the terms of this
Agreement. Thereafter, Developer may sell or transfer the Property, and
assign its right, duties and obligations hereunder, without the consent or
approval of the Village.
S. Munici al Limitatlons, All Village commitments hereunder are limited to
the extent required by law.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed on or as of the day and year first above written.
VILLAGE OF MOUNT PROSPECT,
an Illinois home rule municipal corporation
B �-
Arlene Juracek, Mayor
�IiMwlMiir��w!r�wr!�r� �
PAR.TERACE MOUNT PROSPECT, LLC
ember
BY.. y..� _.. ...... ._.....
Member
387385-5 29
ATTEST:
By: .rv..........
Karen Agoranos, Village Clerk
ACKNOWLEDGMENT
State of Illinois )
) SS
County of Cook )
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that Arlene Juracek and Karen Agoranos, personally known to
me to be the Mayor and Deputy Village Clerk of the Village of Mount Prospect, and
personally known to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and severally
acknowledged that as such Mayor and Deputy Village Clerk, they signed and delivered
the said instrument and caused the corporate seal of said municipal corporation to be
affixed thereto, pursuant to authority given by the Board of Trustees of said Illinois home
rule municipal corporation, as their free and voluntary act, and as the free and voluntary
act and deed of said Illinois home rule municipal corporation, for the uses and purposes
therein set forth.
GIVEN under my hand and official seal, this - day of
201.
w
Notary Pu is
WC0MU"ftVd0MW84WUA3W
3873855 30
ACKNOWLEDGMENT
State of Illinois )
) SS
County of Cook )
J
I, the undersigned, a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY that Richard Bondarowicz and Slawomir Miodowski, personally
known to me to be the Members of Park Terrace Mount Prospect LLC , and personally
known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that as
such they signed and delivered the said instrument and caused the seal of said limited
liability company to be affixed thereto, pursuant to authority given by the members of
said limited liability company , as their free and voluntary act, and as the free and
voluntary acts and deeds of said limited liability company, for the uses and purposes
therein set forth.
201
GIVEN under my hand and official seal, this 1d day of ee., e -z .... kz' ,
OFFICIAL SEAL
JOHN A KLIKANKOS
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:01118/20 Notary Public
T',�°gY�'4�'�"rvy"Wd"w�.'P*w�'"@aY"w. dOcA°�,.6"4J�"��e.,.+"�6MsY�'X•aP
3873855 31
EXHIBIT A-1
Prospect and Main TIF District
Legal Description
(attached)
600
r ry
3873855 32
Legal Description:
THAT PART OF SECTIONS 11 & 12 IN TOWNSHIP 41 NORTH, RANGE 11 EAST AND
SECTIONS 33 & 34 IN TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHEAST QUARTER
OF SECTION 12 AFORESAID, BEING ALSO THE CENTER LINE OF MT. PROSPECT ROAD,
AND THE SOUTHWESTERLY LINE OF NORTHWEST HIGHWAY, BEING ALSO THE
NORTHEASTERLY LINE OF THE CHICAGO & NORTHWESTERN RAILWAY RIGHT OF
WAY;
THENCE SOUTH ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION
12 AND THE CENTER LINE OF MT. PROSPECT ROAD TO THE SOUTHWESTERLY LINE
OF THE CHICAGO & NORTHWESTERN RAILWAY RIGHT OF WAY, BEING ALSO THE
NORTHEASTERLY LINE OF PROSPECT AVENUE;
THENCE SOUTHWESTERLY TO THE INTERSECTION OF THE WEST LINE OF MT.
PROSPECT ROAD WITH THE SOUTHWESTERLY LINE OF PROSPECT AVENUE;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF PROSPECT
AVENUE TO THE WEST LINE OF THE EAST 205 FEET OF LOT 1 IN GLEICH'S INDUSTRIAL
PARK, A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHEAST QUARTER
AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 12
AFORESAID;
THENCE SOUTH ALONG SAID WEST LINE OF THE EAST 205 FEET OF LOT 1 IN GLEICH'S
INDUSTRIAL PARK TO THE SOUTHERLY LINE OF LOT 1 AFORESAID;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF LOT 1 IN GLEICH'S
INDUSTRIAL PARK TO THE EAST LINE OF SCHOOL STREET;
THENCE SOUTH ALONG SAID EAST LINE OF SCHOOL STREET TO THE
NORTHEASTERLY LINE OF LINCOLN STREET;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF LINCOLN STREET
AND THE SOUTHEASTERLY EXTENSION THEREOF TO THE EAST LINE OF WILLIAM
STREET;
THENCE SOUTH ALONG SAID EAST LINE OF WILLIAM STREET TO THE SOUTH LINE OF
SHA-BONEE TRAIL;
372156-3 5
THENCE WEST ALONG SAID SOUTH LINE OF SHA-BONEE TRAIL TO THE EAST LINE OF
SCHOOL STREET;
THENCE SOUTH ALONG SAID EAST LINE OF SCHOOL STREET TO THE SOUTH LINE OF
COUNCIL TRAIL;
THENCE WEST ALONG SAID SOUTH LINE OF COUNCIL TRAIL TO THE SOUTHERLY
EXTENSION OF THE EAST LINE OF LOT 12 IN ELLENDALE, A SUBDIVISION IN THE
SOUTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE NORTH ALONG SAID SOUTHERLY EXTENSION AND THE EAST LINE OF LOT 12
IN ELLENDALE TO THE NORTH LINE THEREOF;
THENCE WEST ALONG SAID NORTH LINE OF LOT 12 IN ELLENDALE TO THE EAST LINE
OF LOT 3 IN ELLENDALE AFORESAID;
THENCE NORTH ALONG SAID EAST LINE OF LOT 3 IN ELLENDALE AND THE
NORTHERLY EXTENSION THEREOF TO THE NORTH LINE OF MOEHLING DRIVE;
THENCE WEST ALONG SAID NORTH LINE OF MOEHLING DRIVE AND THE WESTERLY
EXTENSION THEREOF TO THE WEST LINE OF MAPLE STREET;
THENCE NORTH ALONG SAID WEST LINE OF MAPLE STREET TO THE NORTH LINE OF
THE SOUTH 270 FEET OF LOT 2 IN ETHEL BUSSE'S SUBDIVISION OF PART OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE WEST ALONG SAID NORTH LINE OF THE SOUTH 270 FEET OF LOT 2 IN ETHEL
BUSSE'S SUBDIVISION TO THE EAST LINE OF LOTS 35 THRU 42 IN BUSSE'S
RESUBDIVISION OF LOT "A" IN BLOCK 11 IN BUSSE & WILLE'S RESUBDIVISION IN MT.
PROSPECT AFORESAID;
THENCE NORTH ALONG SAID EAST LINE OF LOTS 35 THRU 42 IN BUSSE'S
RESUBDIVISION TO THE EAST LINE OF LOT 2 IN MILLER RESUBDIVISION OF LOTS 1 TO
3 & 43 IN BUSSE'S SUBDIVISION OF LOT "A" IN BLOCK 11 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT AFORESAID;
THENCE NORTH ALONG SAID EAST LINE OF LOT 2 IN MILLER RESUBDIVISION TO THE
SOUTHWESTERLY LINE OF PROSPECT AVENUE;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF PROSPECT
AVENUE TO THE WESTERLY LINE OF LOT 2 IN MILLER RESUBDIVISION AFORESAID;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE OF LOT 2 IN MILLER
RESUBDIVISION TO A BEND THEREIN;
THENCE SOUTH ALONG SAID WESTERLY LINE OF LOT 2 IN MILLER RESUBDIVISION TO
THE NORTH LINE OF LOT 3 IN MILLER RESUBDIVISION AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 3 IN MILLER RESUBDIVISION TO THE
MOST EASTERLY WEST LINE OF LOT 2 IN MILLER RESUBDIVISION AFORESAID;
3721563 6
THENCE SOUTH ALONG SAID MOST EASTERLY WEST LINE OF LOT 2 IN MILLER
RESUBDIVISION TO A BEND THEREIN;
THENCE SOUTHEASTERLY ALONG SAID MOST EASTERLY WEST LINE OF LOT 2 IN
MILLER RESUBDIVISION TO THE EAST LINE THEREOF, AND THE NORTH LINE OF LOT
42 IN BUSSE'S RESUBDIVISION AFORESAID;
THENCE WEST ALONG SAID NORTH LINE OF LOT 42 IN BUSSE'S RESUBDIVISION AND
THE WESTERLY EXTENSION THEREOF TO THE WEST LINE OF EMERSON STREET,-
THENCE
TREET;THENCE NORTH ALONG SAID WEST LINE OF EMERSON STREET TO THE SOUTH LINE
OF LOT 11 IN BUSSE'S RESUBDIVISION AFORESAID;
THENCE WEST ALONG SAID SOUTH LINE OF LOT 11 IN BUSSE'S RESUBDIVISION TO
THE EAST LINE OF LOTS 5 THRU 9 IN BLOCK 1 IN MEIER'S ADDITION TO MT.
PROSPECT IN THE NORTHWEST QUARTER OF SECTION AFORESAID, LYING SOUTH OF
THE RIGHT OF WAY OF THE CHICAGO & NORTHWESTERN RAILWAY;
THENCE NORTH ALONG SAID EAST LINE OF LOTS 5 THRU 9 IN BLOCK 1 IN MEIER'S
ADDITION TO MT. PROSPECT TO THE NORTH LINE OF LOT 5 AFORESAID;
THENCE WEST ALONG SAID NORTH LINE OF LOT 5 IN BLOCK 1 IN MEIER'S ADDITION
TO MT. PROSPECT AND THE WESTERLY EXTENSION THEREOF TO THE WEST LINE OF
MAIN STREET;
THENCE NORTH ALONG SAID WEST LINE OF MAIN STREET TO THE NORTH LINE OF
LOT 24 IN BLOCK 4 IN MEIER'S ADDITION TO MT. PROSPECT AFORESAID;
THENCE WEST ALONG SAID NORTH LINE OF LOT 24 IN BLOCK 4 IN MEIER'S ADDITION
TO MT. PROSPECT TO THE WEST LINE OF THE 20 FOOT WIDE ALLEY EAST OF WILLE
STREET;
THENCE NORTH ALONG SAID WEST LINE OF THE 20 FOOT WIDE ALLEY EAST OF WILLE
STREET TO THE SOUTH LINE OF EVERGREEN AVENUE;
THENCE WEST ALONG SAID SOUTH LINE OF EVERGREEN AVENUE TO THE WEST LINE
OF WILLE STREET;
THENCE NORTH ALONG SAID WEST LINE OF WILLE STREET TO THE SOUTH LINE OF
LOT 13 IN BUSSE'S RESUBDIVISION OF LOTS 1 TO 6, INCLUSIVE, OF RESUBDIVISION
OF LOTS 1 TO 6, INCLUSIVE, IN BLOCK 4, ALOS OF LOTS 2 & 3 IN BLOCK 5, ALL OF
BLOCK 6, LOT 13 TO 24, INCLUSIVE, IN BLOCK 7, LOTS 17 TO 20 IN BLOCK 8 ALL IN
MEIER'S ADDITION TO MT. PROSPECT IN THE NORTHWEST QUARTER OF SECTION 12
AFORESAID;
THENCE WEST ALONG SAID SOUTH LINE OF LOT 13 IN BUSSE'S RESUBDIVISION TO
THE WEST LINE OF LOTS 13 AND 14 IN BUSSE'S RESUBDIVISION;
THENCE NORTH ALONG SAID WEST LINE OF LOTS 13 AND 14 IN BUSSE'S
RESUBDIVISION TO THE SOUTHWESTERLY LINE OF THE 16 FOOT WIDE ALLEY
SOUTHWESTERLY OF PROSPECT AVENUE;
372156,_3 7
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF THE 16 FOOT
WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE AND THE NORTHWESTERLY
EXTENSION THEREOF TO THE WEST LINE OF PINE STREET;
THENCE NORTH ALONG SAID WEST LINE OF PINE STREET TO THE SOUTHERLY LINE
OF THE 16 FOOT WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE;
THENCE WEST AND NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF THE 16
FOOT WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE AND THE
NORTHWESTERLY EXTENSION THEREOF TO ITS INTERSECTION WITH THE SOUTH
LINE OF BUSSE AVENUE;
THENCE WEST ALONG SAID SOUTH LINE OF BUSSE AVENUE TO THE SOUTHERLY
EXTENSION OF THE WEST LINE OF THE 20 FOOT WIDE ALLEY WEST OF ELMHURST
AVENUE;
THENCE NORTH ALONG SAID SOUTHERLY EXTENSION AND THE WEST LINE OF THE 20
FOOT WIDE ALLEY WEST OF ELMHURST AVENUE TO THE SOUTHWESTERLY LINE OF
THE 16 FOOT WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF THE 16 FOOT
WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE AND THE NORTHWESTERLY
EXTENSION THEREOF TO THE WEST LINE OF I-OKA AVENUE;
THENCE NORTH ALONG SAID WEST LINE OF I-OKA AVENUE TO THE SOUTHERLY LINE
OF THE 16 FOOT WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE;
THENCE WEST AND NORTHWESTERLY ALONG SAID SOUTHERLY LINE OF THE 16
FOOT WIDE ALLEY SOUTHWESTERLY OF PROSPECT AVENUE AND THE
NORTHWESTERLY EXTENSION THEREOF TO THE WEST LINE OF HI-LUSI AVENUE;
THENCE NORTH ALONG SAID WEST LINE OF HI-LUSI AVENUE TO THE
SOUTHWESTERLY LINE OF PROSPECT AVENUE;
THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF PROSPECT
AVENUE TO THE SOUTH LINE OF CENTRAL ROAD;
THENCE WEST ALONG SAID SOUTH LINE OF CENTRAL ROAD TO THE EAST LINE OF
LOT 8 IN H.ROY BERRY CO.S' COLONIAL MANOR, A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF
SECTION 12 AFORESAID;
THENCE SOUTH ALONG SAID EAST LINE OF LOT 8 IN H.ROY BERRY CO.S' COLONIAL
MANOR AND THE SOUTHERLY EXTENSION THEREOF TO THE SOUTH LINE OF THE 16
FOOT WIDE ALLEY SOUTH OF CENTRAL ROAD;
THENCE WEST ALONG SAID SOUTH LINE OF THE 16 FOOT WIDE ALLEY SOUTH OF
CENTRAL ROAD TO THE WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 11 AFORESAID;
3721563 8
THENCE NORTH ALONG SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 11 TO THE SOUTH LINE OF CENTRAL ROAD;
THENCE WEST ALONG SAID SOUTH LINE OF CENTRAL ROAD TO THE SOUTHERLY
EXTENSION OF THE WEST LINE OF MILLERS LANE;
THENCE NORTH ALONG SAID SOUTHERLY EXTENSION AND THE WEST LINE OF
MILLERS LANE TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF LOT 11 IN
MILLERS STATION SUBDIVISION, A RESUBDIVISION OF LOT 1 IN TRADE SERVICE
PUBLICATIONS SUBDIVISION AND PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 33 AFORESAID;
THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE SOUTH LINE OF LOT 11
IN MILLERS STATION SUBDIVISION AND THE EASTERLY EXTENSION THEREOF TO THE
EAST LINE OF CATHY LANE;
THENCE NORTH ALONG SAID EAST LINE OF CATHY LANE TO THE EAST LINE OF LOT
12 IN MILLERS STATION SUBDIVISION AFORESAID;
THENCE NORTH ALONG SAID EAST LINE OF LOT 12 IN MILLERS STATION SUBDIVISION
AND THE NORTHERLY EXTENSION THEREOF TO THE SOUTHWESTERLY LINE OF THE
CHICAGO & NORTHWESTERN RAILWAY RIGHT OF WAY;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF THE CHICAGO &
NORTHWESTER RAILWAY RIGHT OF WAY TO THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 33 AFORESAID;
THENCE NORTH ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION
33 AFORESAID TO THE WESTERLY EXTENSION OF THE NORTH LINE OF HENRY
STREET;
THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE NORTH LINE OF HENRY
STREET TO THE EAST LINE OF FAIRVIEW AVENUE;
THENCE SOUTH ALONG SAID EAST LINE OF FAIRVIEW AVENUE TO THE
NORTHEASTERLY LINE OF THE 16 FOOT WIDE ALLEY NORTHEASTERLY OF
NORTHWEST HIGHWAY,
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF THE 16 FOOT WIDE
ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY TO THE WEST LINE OF
PROSPECT MANOR AVENUE;
THENCE EAST PERPENDICULAR TO THE WEST LINE OF FAIRVIEW AVENUE TO THE
EAST LINE OF PROSPECT MANOR AVENUE;
THENCE SOUTH ALONG SAID EAST LINE OF PROSPECT MANOR AVENUE TO THE
NORTH LINE OF WALNUT STREET;
THENCE EAST ALONG SAID NORTH LINE OF WALNUT STREET AND THE EASTERLY
EXTENSION THEREOF TO THE EAST LINE OF RIDGE AVENUE;
3721563 9
THENCE SOUTH ALONG SAID EAST LINE OF RIDGE AVENUE TO THE NORTH LINE OF
LOT 1 IN FRIEDRICH'S SUBDIVISION OF LOTS 4 & 5 IN BLOCK 25 IN PROSPECT MANOR,
A SUBDIVISION OF THE SOUTH 3/4 OF THE WEST HALF OF THE WEST HALF OF
SECTION 34 AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 1 IN FRIEDRICH'S SUBDIVISION TO
THE WEST LINE OF ELMHURST AVENUE;
THENCE NORTH ALONG SAID WEST LINE OF ELMHURST AVENUE TO THE WESTERLY
EXTENSION OF THE NORTH LINE OF THE PLAT OF CONSOLIDATION OF THE WEST 70
FEET OF LOTS 1 THRU 10 IN BLOCK 3 AND PART OF BLOCK 4 IN THE ERNST BUSSE
ADDITION TO MT. PROSPECT IN THE EAST HALF OF THE SOUTHWEST QUARTER OF
SECTION 34 AFORESAID;
THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE NORTH LINE OF THE
PLAT OF CONSOLIDATION TO THE EAST LINE OF LOT 1 IN THE PLAT OF
CONSOLIDATION AFORESAID;
THENCE SOUTH ALONG SAID EAST LINE LOT 1 IN THE PLAT OF CONSOLIDATION TO
THE NORTH LINE OF CENTRAL ROAD;
THENCE EAST ALONG SAID NORTH LINE OF CENTRAL ROAD TO THE EAST LINE OF
PINE STREET;
THENCE SOUTH ALONG SAID EAST LINE OF PINE STREET TO THE NORTHEASTERLY
LINE OF NORTHWEST HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF NORTHWEST
HIGHWAY TO THE WESTERLY LINE OF LOT 3 IN CLOCK TOWER PLACE RESUBDIVISION
OF LOTS 18 & 19 AND THE NORTH 22 FEET OF LOT 17 IN BLOCK 2 OF BUSSE & WILDE'S
RESUBDIVISION IN MT. PROSPECT TOGETHER WITH LOT "A" IN CORPORATE
SUBDIVISION NO. 8 VILLAGE OF MT. PROSPECT AND LOT 1 IN WILLE'S
RECONSOLIDATION IN THE NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF LOT 3 IN CLOCK TOWER
PLACE RESUBDIVISION 38.06 FEET TO A BEND THEREIN;
THENCE EAST ALONG SAID WESTERLY LINE OF LOT 3 IN CLOCK TOWER PLACE
RESUBDIVISION 28.07 FEET TO A BEND THEREIN;
THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF LOT 3 IN CLOCK TOWER
PLACE RESUBDIVISION 18.61 FEET TO A BEND THEREIN;
THENCE EAST ALONG SAID WESTERLY LINE OF LOT 3 IN CLOCK TOWER PLACE
RESUBDIVISION 30.63 FEET TO A BEND THEREIN;
THENCE NORTH ALONG SAID WESTERLY LINE OF LOT 3 IN CLOCK TOWER PLACE
RESUBDIVISION 65.92 FEET TO THE NORTH LINE THEREOF;
THENCE EAST ALONG SAID NORTH LINE OF LOT 3 IN CLOCK TOWER PLACE
RESUBDIVISION TO THE WEST LINE OF WILLE STREET;
3721563 10
THENCE EAST TO THE EAST LINE OF WILLE STREET AT THE SOUTHWEST CORNER OF
LOT 1 IN PROSPECT PLACE PLAT OF RESUBDIVISION OF SUNDRY LOTS AND VACATED
ALLEYS OF VARIOUS SUBDIVISIONS IN THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 12 AFORESAID;
THENCE EAST ALONG THE SOUTH LINE OF LOT 1 IN PROSPECT PLACE PLAT OF
RESUBDIVISION TO THE EAST LINE THEREOF;
THENCE NORTH ALONG SAID EAST LINE OF LOT 1 IN PROSPECT PLACE PLAT OF
RESUBDIVISION TO THE SOUTH LINE OF CENTRAL ROAD;
THENCE WEST ALONG SAID SOUTH LINE OF CENTRAL ROAD TO THE SOUTHERLY
EXTENSION OF THE WEST LINE OF LOT 1 IN TRAPANI'S RESUBDIVISION OF LOT "A" IN
BLOCK 1 IN THE ERNST BUSSE ADDITION TO MT. PROSPECT AND LOT "A" IN
HILLCREST SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 34 AFORESAID;
THENCE NORTH ALONG SAID SOUTHERLY EXTENSION AND THE WEST LINE OF LOT 1,
AND THE WEST LINE OF LOT 2 IN TRAPANI'S RESUBDIVISION AND THE NORTHERLY
EXTENSION THEREOF TO THE NORTH LINE OF HENRY STREET;
THENCE EAST ALONG SAID NORTH LINE OF HENRY STREET TO THE EAST LINE OF
MAIN STREET;
THENCE SOUTH ALONG SAID EAST LINE OF MAIN STREET TO THE NORTH LINE OF
CENTRAL ROAD;
THENCE EAST ALONG SAID NORTH LINE OF CENTRAL ROAD TO THE EAST LINE OF
EMERSON STREET;
THENCE SOUTH ALONG SAID EAST LINE OF EMERSON STREET TO THE NORTH LINE
OF LOT 13 IN BLOCK 5 IN BUSSE & WILLE'S RESUBDIVISION IN MT. PROSPECT IN THE
EAST HALF OF THE NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 13 IN BLOCK 5 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT TO THE EAST LINE THEREOF;
THENCE SOUTH ALONG SAID EAST LINE OF LOT 13 IN BLOCK 5 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT TO THE NORTH LINE OF BUSSE AVENUE;
THENCE EAST ALONG SAID NORTH LINE OF BUSSE AVENUE TO THE EAST LINE OF
MAPLE STREET;
THENCE SOUTH ALONG SAID EAST LINE OF MAPLE STREET TO THE NORTH LINE OF
LOT 9 IN BLOCK 11 IN BUSSE & WILLE'S RESUBDIVISION IN MT. PROSPECT
AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 9 IN BLOCK 11 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT TO THE EAST LINE THEREOF;
372156_3 11
THENCE SOUTH ALONG SAID EAST LINE OF LOT 9 IN BLOCK 11 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT TO THE SOUTH LINE THEREOF;
THENCE SOUTHWESTERLY ALONG SAID SOUTH LINE OF LOT 9 IN BLOCK 11 IN BUSSE
& WILLE'S RESUBDIVISION IN MT. PROSPECT TO THE EAST LINE OF LOT 12 IN BLOCK
11 IN BUSSE & WILLE'S RESUBDIVISION IN MT. PROSPECT, BEING ALSO THE
WESTERLY LINE OF VILLAGE COMMONS A PLANNED UNIT DEVELOPMENT OF LOTS 2,
3,4 & OUT LOT 1 IN TAX INCREMENT FINANCE SUBDIVISION NO. 1, A RESUBDIVISION
OF LOTS A & B IN THE RESUBDIVISION OF LOTS 2 TO 6, PART OF LOT 1 IN THE
SUBDIVISION OF BLOCK 10, LOT 16 IN BUSSE'S SUBDIVISION, LOTS 13 TO 15 IN BLOCK
11 & PART OF BLOCK 9 IN BUSSE & WILLE'S RESUBDIVISION IN MT. PROSPECT IN THE
NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE SOUTH ALONG SAID WESTERLY LINE OF VILLAGE COMMONS A PLANNED
UNIT DEVELOPMENT 172.45 FEET TO A BEND THEREIN;
THENCE WEST ALONG SAID WESTERLY LINE OF VILLAGE COMMONS A PLANNED UNIT
DEVELOPMENT 4.63 FEET TO A BEND THEREIN;
THENCE SOUTH ALONG SAID WESTERLY LINE OF VILLAGE COMMONS A PLANNED
UNIT DEVELOPMENT 147.65 FEET TO A BEND THEREIN;
THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE OF VILLAGE COMMONS A
PLANNED UNIT DEVELOPMENT TO THE NORTHEASTERLY LINE OF NORTHWEST
HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF NORTHWEST
HIGHWAY TO THE NORTHWESTERLY LINE OF LOT 1 IN TAX INCREMENT FINANCE
SUBDIVISION NO. 1, A RESUBDIVISION OF PARTS OF BLOCKS 9, 10 & 11 IN BUSSE &
WILLE'S RESUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF LOT 1 IN TAX
INCREMENT FINANCE SUBDIVISION NO. 1 TO THE NORTHEASTERLY LINE THEREOF;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF LOT 1 IN TAX
INCREMENT FINANCE SUBDIVISION NO. 1 TO THE NORTH LINE OF LOT A IN GEORGE
R. BUSSE'S RESUBDIVISION OF PART OF BLOCK 9 IN BUSSE & WILLE'S
RESUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 12 AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT A IN GEORGE R. BUSSE'S
RESUBDIVISION AND THE EASTERLY EXTENSION THEREOF TO THE EAST LINE OF
SCHOOL STREET;
THENCE SOUTH ALONG SAID EAST LINE OF SCHOOL STREET TO THE NORTH LINE OF
THE SOUTH HALF OF LOT 33 IN MT. PROSPECT SUBDIVISION IN SECTION 12
AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF THE SOUTH HALF OF LOT 33 IN MT.
PROSPECT SUBDIVISION AND THE EASTERLY EXTENSION THEREOF TO THE EAST
LINE OF THE 16 FOOT WIDE ALLEY EAST OF SCHOOL STREET;
3721563 12
THENCE SOUTH ALONG SAID EAST LINE OF THE 16 FOOT ALLEY EAST OF SCHOOL
STREET TO THE NORTH LINE OF LOT 1 IN BRUCE'S RESUBDIVISION IN MT. PROSPECT
OF LOTS 22 TO 27 IN BLOCK 20 IN MT. PROSPECT SUBDIVISION IN SECTION 12
AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 1 IN BRUCE'S RESUBDIVISION IN MT.
PROSPECT AND THE EASTERLY EXTENSION THEREOF TO THE EAST LINE OF OWEN
STREET;
THENCE SOUTH ALONG SAID EAST LINE OF OWEN STREET TO THE NORTHWESTERLY
EXTENSION OF THE NORTHEASTERLY LINE OF THE 16 FOOT WIDE ALLEY
NORTHEASTERLY OF NORTHWEST HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID NORTHWESTERLY EXTENSION AND THE
NORTHEASTERLY LINE OF THE 16 FOOT WIDE ALLEY NORTHEASTERLY OF
NORTHWEST HIGHWAY AND THE SOUTHEASTERLY EXTENSION THEREOF TO THE
EAST LINE OF LOUIS STREET,-
THENCE
TREET;
THENCE SOUTH ALONG SAID EAST LINE OF LOUIS STREET TO THE NORTHERLY LINE
OF THE 16 FOOT WIDE ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY;
THENCE EAST AND SOUTHEASTERLY ALONG SAID NORTHERLY LINE OF THE 16 FOOT
WIDE ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY AND THE SOUTHEASTERLY
EXTENSION THEREOF TO THE EAST LINE OF EDWARDS STREET;
THENCE SOUTH ALONG SAID EAST LINE OF EDWARDS STREET TO THE NORTH LINE
OF LINCOLN STREET,-
THENCE
TREET;
THENCE EAST ALONG SAID NORTH LINE OF LINCOLN STREET TO THE NORTHERLY
EXTENSION OF THE EAST LINE OF LOT 1 IN OLIVER'S RESUBDIVISION OF LOTS 12 & 13
IN H. ROY BERRY COMPANY'S MAPLEWOOD HEIGHTS (EXCEPT THE SOUTHERLY 66
FEET FOR ROAD) ALSO BLOCK 26 IN BUSSE'S EASTERN ADDITION TO MT. PROSPECT
IN THE EAST HALF OF SECTION 12 AFORESAID;
THENCE SOUTH ALONG SAID NORTHERLY EXTENSION AND THE EAST LINE OF LOT 1
IN OLIVER'S RESUBDIVISION TO THE NORTHEASTERLY LINE OF THE 16 FOOT WIDE
ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF THE 16 FOOT WIDE
ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY TO THE EAST LINE OF GEORGE
STREET;
THENCE NORTH ALONG SAID EAST LINE OF GEORGE STREET TO THE NORTH LINE OF
LOT 17 IN MAPLEWOOD HEIGHTS, A SUBDIVISION NORTH OF THE RAILROAD IN THE
DIVISION OF THE SOUTHEAST QUARTER OF SECTION 12 AFORESAID;
THENCE EAST ALONG SAID NORTH LINE OF LOT 17 IN MAPLEWOOD HEIGHTS TO THE
EAST LINE THEREOF,-
3721563
HEREOF;
3721563 13
THENCE SOUTH ALONG SAID EAST LINE OF LOT 17 IN MAPLEWOOD HEIGHTS TO THE
NORTHEASTERLY LINE OF THE 16 FOOT WIDE ALLEY NORTHEASTERLY OF
NORTHWEST HIGHWAY;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF THE 16 FOOT WIDE
ALLEY NORTHEASTERLY OF NORTHWEST HIGHWAY TO THE WEST LINE OF LOT 65 IN
MAPLEWOOD HEIGHTS AFORESAID;
THENCE NORTH ALONG SAID WEST LINE OF LOT 65 IN MAPLEWOOD HEIGHTS TO THE
NORTH LINE THEREOF;
THENCE EAST ALONG SAID NORTH LINE OF LOT 65 IN MAPLEWOOD HEIGHTS AND
THE EASTERLY EXTENSION THEREOF TO THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 12 AFORESAID, BEING ALSO THE CENTER LINE OF MT.
PROSPECT ROAD;
THENCE SOUTH ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION
12 AFORESAID, BEING ALSO THE CENTER LINE OF MT. PROSPECT ROAD, TO THE
SOUTHWESTERLY LINE OF NORTHWEST HIGHWAY, BEING ALSO THE
NORTHEASTERLY LINE OF THE CHICAGO & NORTHWESTERN RAILWAY RIGHT OF
WAY, AND THE POINT OF BEGINNING;
EXCEPTING THEREFROM
THAT PART OF LOT 1 IN DESIDERATA SUBDIVISION OF BLOCK 1 IN BUSSE & WILLE'S
RESUBDIVISION IN MT. PROSPECT IN SECTION 12 AFORESAID, LYING NORTH OF A
LINE DESCRIBED AS FOLLOWS:
BEGINNING ON THE WEST LINE OF SAID LOT 1 AT POINT 246.07 FEET SOUTH OF THE
NORTHWEST CORNER THEREOF;
THENCE EAST PERPENDICULAR TO THE WEST LINE OF SAID LOT 1, A DISTANCE OF
67.34 FEET;
THENCE NORTHEASTERLY ALONG A LINE DRAWN PERPENDICULAR TO THE
SOUTHWESTERLY LINE OF LOT 1, A DISTANCE OF 65.76 FEET;
THENCE EAST PERPENDICULAR TO THE WEST LINE OF SAID LOT 1, A DISTANCE OF
55.38 FEET TO THE MOST WESTERLY EAST LINE OF SAID LOT 1, AND THE POINT OF
TERMINUS OF SAID LINE;
ALSO EXCEPTING THEREFROM
ALL OF VILLAGE CENTRE PHASE 1-13 PLAT OF RESUBDIVISION OF LOTS 6, 7, 8, 9 IN
BLOCK 13 IN BUSSE & WILLE'S RESUBDIVISION IN MT. PROSPECT AND PARTS OF
LOTS 8, 9, 10 IN BLOCK 15 IN MT. PROSPECT SUBDIVISION IN SECTION 12 AFORESAID;
IN COOK COUNTY, ILLINOIS.
3721563 14
PIN LIST
PIN LIST
Record
Parcel Identification Number
Record
Parcel Identification Number
1
03-33-419-002-0000
42
08-11-203-025-0000
2
03-33-419-005-0000
43
08-11-203-026-0000
3
03-33-419-007-0000
44
08-11-204-015-0000
4
03-33-419-011-0000
45
08-11-204-016-0000
5
03-33-419-012-1001
46
08-11-204-017-0000
6
03-33-419-012-1002
47
08-11-205-007-0000
7
03-33-419-012-1003
48
08-11-205-014-0000
8
03-33-419-012-1004
49
08-11-205-015-0000
9
03-33-419-012-1005
50
08-11-205-016-0000
10
03-33-419-012-1006
51
08-11-205-017-0000
11
03-33-419-012-1007
52
08-11-205-018-0000
12
03-33-419-013-0000
53
08-11-205-019-0000
13
03-34-320-053-0000
54
08-11-205-020-0000
14
03-34-320-054-0000
55
08-11-500-001-0000
15
03-34-320-057-0000
56
08-12-100-007-0000
16
03-34-324-008-0000
57
08-12-100-008-0000
17
03-34-325-013-0000
58
08-12-100-013-0000
18
03-34-325-014-0000
59
08-12-100-015-0000
19
03-34-325-015-0000
60
08-12-100-016-8001
20
03-34-325-016-0000
61
08-12-100-016-8002
21
03-34-325-017-0000
62
08-12-101-023-0000
22
03-34-325-018-0000
63
08-12-102-029-0000
23
03-34-326-008-0000
64
08-12-102-030-0000
24
03-34-326-009-0000
65
08-12-102-056-0000
25
03-34-328-001-0000
66
08-12-102-057-0000
26
03-34-328-009-0000
67
08-12-102-058-0000
27
03-34-328-010-0000
68
08-12-102-059-0000
28
03-34-328-011-0000
69
08-12-102-060-0000
29
03-34-328-016-0000
70
08-12-102-061-0000
30
03-34-328-017-0000
71
08-12-102-062-0000
31
03-34-328-019-0000
72
08-12-103-014-0000
32
03-34-328-020-0000
73
08-12-103-017-0000
33
03-34-328-021-0000
74
08-12-103-019-0000
34
03-34-328-022-0000
75
08-12-103-020-0000
35
03-34-331-015-0000
76
08-12-103-021-0000
36
03-34-331-018-0000
77
08-12-103-025-0000
37
03-34-500-001-0000
78
08-12-103-026-0000
38
08-11-203-001-0000
79
08-12-103-027-0000
39
08-11-203-008-0000
80
08-12-103-028-0000
40
08-11-203-009-0000
81
08-12-103-031-0000
41
08-11-203-024-0000
82
08-12-103-032-0000
370631_2 15
PIN LIST
Record
Parcel Identification Number
PIN LIST
Record
Parcel Identification Number
83
08-12-104-009-0000
124
08-12-113-012-0000
84
08-12-104-010-0000
125
08-12-113-018-0000
85
08-12-107-003-0000
126
08-12-113-019-0000
86
08-12-107-004-0000
127
08-12-113-021-0000
87
08-12-107-006-0000
128
08-12-114-001-0000
88
08-12-107-007-0000
129
08-12-114-002-0000
89
08-12-107-008-0000
130
08-12-114-003-0000
90
08-12-107-018-0000
131
08-12-114-004-0000
91
08-12-107-019-0000
132
08-12-114-005-0000
92
08-12-107-020-0000
133
08-12-115-001-0000
93
08-12-107-021-0000
134
08-12-115-005-0000
94
08-12-107-022-0000
135
08-12-119-016-0000
95
08-12-108-015-0000
136
08-12-119-029-0000
96
08-12-108-031-0000
137
08-12-120-003-0000
97
08-12-108-032-0000
138
08-12-120-018-0000
gg
08-12-109-025-0000
139
08-12-120-027-0000
gg
08-12-109-026-0000
140
08-12-120-028-0000
100
08-12-109-028-0000
141
08-12-120-029-0000
101
08-12-109-029-0000
142
08-12-120-031-0000
102
08-12-109-030-0000
143
08-12-120-036-0000
103
08-12-110-031-0000
144
08-12-121-057-0000
104
08-12-112-001-0000
145
08-12-121-061-0000
105
08-12-112-002-0000
146
08-12-121-063-0000
106
08-12-112-003-0000
147
08-12-122-003-0000
107
08-12-112-004-0000
148
08-12-122-015-0000
108
08-12-112-005-0000
149
08-12-122-016-0000
109
08-12-112-006-0000
150
08-12-122-017-0000
110
08-12-112-007-0000
151
08-12-122-019-0000
111
08-12-112-008-0000
152
08-12-122-030-0000
112
08-12-112-011-0000
153
08-12-122-031-0000
113
08-12-112-012-0000
154
08-12-122-034-0000
114
08-12-112-031-0000
155
08-12-122-036-1007
115
08-12-113-001-0000
156
08-12-122-036-1008
116
08-12-113-002-0000
157
08-12-122-036-1009
117
08-12-113-003-0000
158
08-12-122-037-1001
118
08-12-113-004-0000
159
08-12-122-037-1002
119
08-12-113-005-0000
160
08-12-122-037-1003
120
08-12-113-006-0000
161
08-12-214-061-0000
121
08-12-113-007-0000
162
08-12-214-062-0000
122
08-12-113-010-0000
163
08-12-214-063-0000
123
08-12-113-011-0000
164
08-12-214-065-0000
3706312 16
PIN LIST
PIN LIST
Record
Parcel Identification Number
Record
Parcel Identification Number
165
08-12-214-066-0000
206
08-12-404-004-0000
166
08-12-221-002-0000
207
08-12-404-011-0000
167
08-12-221-003-0000
208
08-12-404-012-0000
168
08-12-221-004-0000
209
08-12-404-013-0000
169
08-12-221-005-0000
210
08-12-404-014-0000
170
08-12-221-006-0000
211
08-12-404-015-0000
171
08-12-221-007-0000
212
08-12-404-019-0000
172
08-12-221-008-0000
213
08-12-404-020-0000
173
08-12-221-009-0000
214
08-12-404-021-0000
174
08-12-221-010-0000
215
08-12-404-022-0000
175
08-12-221-011-0000
216
08-12-404-023-0000
176
08-12-221-012-0000
217
08-12-404-024-0000
177
08-12-222-017-0000
218
08-12-404-025-0000
178
08-12-222-020-0000
219
08-12-404-026-0000
179
08-12-222-021-0000
220
08-12-404-027-0000
180
08-12-222-022-0000
221
08-12-404-029-0000
181
08-12-222-023-0000
222
08-12-405-018-0000
182
08-12-222-024-0000
223
08-12-405-019-0000
183
08-12-222-025-0000
224
08-12-405-020-0000
184
08-12-222-026-0000
225
08-12-405-021-0000
185
08-12-222-027-0000
226
08-12-405-022-0000
186
08-12-223-021-0000
227
08-12-405-023-0000
187
08-12-223-022-0000
228
08-12-405-024-0000
188
08-12-223-023-0000
229
08-12-405-025-0000
189
08-12-223-024-0000
230
08-12-405-026-0000
190
08-12-223-025-0000
231
08-12-405-027-0000
191
08-12-223-026-0000
232
08-12-405-028-0000
192
08-12-223-027-0000
233
08-12-405-029-0000
193
08-12-223-028-0000
234
08-12-405-038-0000
194
08-12-223-034-0000
235
08-12-405-039-0000
195
08-12-223-035-0000
236
08-12-500-001-0000
196
08-12-227-017-0000
237
08-11-201-030-0000
197
08-12-403-005-0000
238
08-11-202-001-0000
198
08-12-403-006-0000
239
08-11-202-002-0000
199
08-12-403-007-0000
240
08-12-115-006-0000
200
08-12-403-008-0000
241
08-12-116-006-0000
201
08-12-403-009-0000
242
08-12-305-002-0000
202
08-12-403-010-0000
243
08-12-305-003-0000
203
08-12-403-011-0000
244
08-12-400-003-0000
204
08-12-403-014-0000
245
03-34-331-019-0000
205
08-12-403-016-0000
246
03-34-329-016-0000
3706312 17
Common Boundary Description: The area generally described as east of Millers Lane
north of Central Avenue to Northwest Highway, and then southeast along Prospect
Avenue (including most of the properties adjacent thereto) to Maple Street, thea south
along Maple Street to Council Trail, then north along School Street to Shabonnee Trail„
then east along Shabonee Trail to William Street, then north along William Street to
Lincoln Street, then northwest along Lincoln Street to School Street, then north along
School Street to Prospect Avenue, then southwest along Prospect Avenue to Mt.
Prospect Road, then north along Mt. Prospect Road to Northwest Highway, and then
northwest along Northwest Highway (including most of the properties adjacent thereto)
to Maple Street, then north along Maple Street to Busse Avenue, then west along Busse
Avenue to Emerson Street, then north along Emerson Street to Central Road, then west
along Central Road to Main Street, then north along Main Street to Henry Street, then
south along the western boundary of the properties adjacent to Main Street south of
Henry Street, then south on Main Street to Busse Avenue (including most of the
properties adjacent thereto), then northwest along Northwest Highway to Pine Street,
then north on Pine Street to Central Road, then west on Central Road to Elmhurst
Avenue (including most of the properties adjacent thereto) to Northwest Highway, then
northwest on Northwest Highway (including most of the properties adjacent thereto) to
Forest Avenue, then due south on Forest Avenue to a point across the Union Pacific
Railway tracks, all in Mount Prospect, Illinois.
3706312 18
EXHIBIT A-2
Prospect and Main TIF District
Map
(attached)
I.......... ""', . ... .... ......... ...
3873855 33
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S WAPELLA AVE m
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S PINE ST
S WILLE ST
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S EMERSON ST
N EMERSON ST
N MAPLE ST
NELM ST
SSCHOOLST
5 OW EN ST
5 WILLIAM 5T
Z
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4
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Z S LOUIS ST
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EXHIBIT B
Legal Description of the Property
Park Terrace being a resubdivision of North 200 feet of the East 210 feet of the West
237 feet of Block 4 in Ernst Busse's addition to Mount Prospect a subdivision in the
Southeast Quarter of Section 34, Township 42 North Range 11 East of the Third
Principal Meridian, in Cook County, Illinois
P.I.N.
03-34-320-053
03-34-320-054
387385_5 34
EXHIBIT C
Site Plan for the Project
— _..
_ .........,_—ELM14URST
AVENUE— — — — — — — — — — — —
—
l/B"
45w'0
49 "m _._- _45."0�6
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GGG
LANDSCAPEFEATURE
(TYPICAL OF THREE)
A
20 PARK,,W3 5PACE15
m,
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_
5 5 12
4°-6"'
5'-5 12
199'-10 l/B"
NORTH
� � ��,��1
Park Terrace Site Plan
%W I ,;mW.
��A
�T
15 & 19 N. Elmhurst Ave
c
RM
Mt. Prospctrt
P
CI
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1) ['.. .5
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SCALE: I" 30'-0"A
It C I I I TE C T' U R V'
F'r
FA,)! EM"ARY o -Q!10711
35
387385_5
EXHIBIT D
Detailed Description of the Project
Richard Bondarowicz of SMART Builders ("Petitioner"), is seeking a conditional use to
allow a final planned unit development (PUD) for property located at 15-19 North
Elmhurst Avenue. The "Petitioner" consolidated the property into one (1) lot of record,
dedicated the east half of Elmhurst Avenue as a right-of-way, and dedicated necessary
easements. The "Petitioner" is seeking a Conditional Use for a final Planned Unit
Development consisting of two (2) principal buildings containing a total of twelve (12)
townhomes with dwelling units on the ground floor as shown on the site plan attached
as exhibit "C".
3873855 36