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HomeMy WebLinkAbout5. NEW BUSINESS 4/4/06 Village of Mount Prospect Community Development Department MEMORANDUM FROM: MICHAEL E. JANONIS, VILLAGE MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT TO: DATE: MARCH 30, 2006 BLUES BAR - OFF-SITE PARKING AGREEMENT - 2 W. BUSSE AVE. SUBJECT: Attached to this memorandum is an agreement between the Village of Mount Prospect and Oz Development that would enable the proposed Blues Bar Restaurant to meet its required parking demand in Village-owned off-site parking spaces. Oz Development is proposing to demolish the existing structure at 2 W. Busse and construct a new restaurant in its place. Since they are proposing to construct a new building, they must meet current Village parking requirements. Section 14.2206 of the Village Code permits the parking requirement to be met off site so long as a long-term lease is entered into. The Blues Bar is required to provide 62 parking spaces (20 for employees and 42 for customers). The agreement provides the Bar with rights to parking permits for employees to park in Village-owned parking spaces as determined by the Village. It also provides parking for the Bar's customers in Village owned spaces within 1000' of the establishment. These spaces include on-street parking spaces and spaces in the Village-owned parking structure and Metra parking lot. This agreement is consistent with other agreements that were approved for recent downtown developments. The Bar's employees are not permitted to park on anyon-street spaces or any of the surface lots surrounding the Bar since these spaces will be reserved for 2-hour customer parking. Oz Development can nullify the agreement if they are able to provide alternative parking within 1000' of the development at any time in the future. Please forward this memorandum to the Village Board for their review and consideration at their meeting on April 4th. Staff will be present at that meeting to further discuss this matter. WR 7-~~. William J. Cooney Jr. 'B mla 3130/06 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND OZ DEVELOPMENT CORPORATION, MOUNT PROSPECT, ILLINOIS WHEREAS, Oz Development Corporation has proposed to develop certain real estate, located at 2 West Busse Avenue for the purpose of constructing and operating a restaurant to be known as Blues Bar; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect have determined that it would be in the best interests of the Village to participate with Oz Development to meet its required parking demand by providing Village-owned off-site parking for the proposed Blues Bar; and WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said Agreement in conjunction with the development of the Blues Bar. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Mayor is hereby authorized to sign and the Clerk is authorized to attest her signature on the Agreement between the Village of Mount Prospect and Oz Development, being the subject of this Resolution, a copy of said Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2006. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\GENlfilesIWINlRES\Auth agrmt,VOMP & ozdevelopment42006 BLUES BAR PARKING AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (the "Village") and Oz Development Corporation, an (the "Developer")(sometimes collectively referred to as the "Parties. ") WHEREAS, Developer has proposed to develop certain real estate, located at 2 West Busse Avenue, Mount Prospect, Illinois, for the purpose of constructing and operating a restaurant to be known as the Blues Bar (the "Bar"); and WHEREAS, Section 14.2201 of the Village of Mount Prospect Village Code (the "Village Code") requires the Bar, as new construction within the B-5 Central Commercial District (the "Downtown District"), to provide Sixty-two (62) off-street parking spaces (the "Off-Street Parking Requirements"). Though the Off-Street Parking Requirements may be met through a lease of off-site parking "no more than one thousand feet (1,000') from the use served in the central business district," pursuant to Section 14.2206 of the Village code; and WHEREAS, the Village owns certain municipal parking lots and off-street parking spaces within one thousand feet (1,000') of the Bar (the "Surface Lots"), and WHEREAS, the Village owns and operates a certain municipal parking garage located at 30 S. Emerson Street (the "Village Garage"), which is also located within 1,000 feet of the Bar; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the development of projects, such as the Bar and that such viability may be promoted by the Village's agreement to permit Developer to comply with the Off-Street Parking Requirements through the use of Village of Mount Prospect-owned and maintained parking spaces at the Surface Lots and the Village Garage, to the extent specifically provided for in this Agreement. NOW THEREFORE, in consideration of the foregoing and in consideration of the mutual understandings, promises, considerations and agreements as set forth below, the Parties hereby agree and covenant as follows: 1. Developer shall request from the Village, on behalf of its employees, on an annual basis, monthly parking permits to authorize parking in parking spaces in the Surface Lots and/or Village Garage (the "Employee Parking Permits"), up to a maximum of twenty (20) such Permits in aggregate at any given time. These Permits shall be for the use of the Bar's employees only. iManage 171933 1 2. The Village shall also assure the availability of an additional 42 spaces for the Bar's patrons ("Patron Spaces"). The method of designating and reserving such spaces for use of Bar patrons shall be determined by the Village providing that they shall be available from 11 :00 A.M. to 2:00 A.M. each day of the week. 3. The Village shall, in its sole discretion, designate which Surface Lots and which area(s) within the Village Garage, if any, may be utilized by Developer for parking under this Agreement. In addition, the Village may, in its sole discretion, designate parking areas on such other property, as the Village may own, lease or otherwise control, for use under this Agreement, so long as such parking area is within one thousand feet (1,000') of the Bar. 4. A detailed description of the designated parking area(s) shall be provided to Developer upon execution of this Agreement. The Village shall, in its sole discretion, have authority to modify such designations at any time upon thirty (30) days written notice to Developer, so long as the total of sixty-two (62) parking spaces continue to be made available to Developer within one thousand feet (1,000') of the Bar. 5. Upon the execution of this Agreement and for the first year thereafter, Developer will not be required to pay a fee for the parking spaces. However, the Village retains the right to assess a fee for employee parking permits if a similar fee is assessed to other downtown business employees in the future, provided that there shall never be a monthly or annual fee of any kind for the use of on-street parking spaces on the block on which the Bar is located, i.e., on Busse Road from Elmhurst Road to Wille Street. 6. Employees and patrons shall abide by all Village rules and regulations of general applicability for display of the Parking Permits and use of public parking facilities in the Village in effect from time to time. 7. This Agreement shall remain in full force and effect for a period of twenty (20) years from and after its effective date. This Agreement shall be mutually renewable for successive periods of five (5) years thereafter. Notwithstanding the foregoing, if Developer at any time acquires or provides permanently through other means sixty-two (62) parking spaces (alone or in combination with additional spaces and/or uses) for the exclusive use of the Bar's patrons and employees and within one thousand feet (1,000') of the Bar, Developer shall have the right to terminate this Agreement effective as of the end of any calendar month of not less than thirty (30) days prior notice, and the Village agrees to rebate and refund any parking fees paid in advance for calendar months thereafter. 8. The parking spaces referred to in this Agreement have been determined to meet the Off-Street Parking Requirements for the Bar. iManage 171933 I 2 9. Notice. Any Notice required under this Agreement shall be made in writing and given in person or by registered or certified mail, return receipt requested, addressed to the parties as follows, or at such other place as either of them may hereafter designate for itselfby notice in writing to the other: To: Village of Mount Prospect: To: Developer Director of the Finance Department Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Notice shall become effective upon receipt. 10. This Agreement is a personal privilege and shall not be assignable. This Agreement shall run with the land for so long as the establishment at 2 W. Busse Road is the Blues Bar or a similar establishment. In the event that Developer wishes to transfer its interest in this Agreement, and the new owner operates a different use, then the Village shall be free to determine whether it will enter into a similar agreement with the proposed transferee. 11. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. 12. Governing Law. This Agreement shall be governed by the construed in accordance with the laws of the State of Illinois. Venue shall only be proper in a court of competent jurisdiction located within the county of Cook, Illinois. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. VILLAGE OF MOUNT PROSPECT, An Illinois home rule municipal corporation By: EMHlnjs (3-31-06) iManage 171933 1 3 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ DATE: MICHAEL E. JANONIS, VILLAGE MANAGER WILLIAM J. COONEY JR., DIRECTOR OF COMMUNITY DEVELOPM MARCH 27, 2006 EASEMENT AGREEMENT FOR BUILDING APPURTENANCES - THE EMERSON TO: FROM: SUBJECT: Attached to this memorandum is an Easement Agreement for building appurtenances related to the Emerson development located on the former Village Hall property. These easements provide the property owner certain rights over the public sidewalks located around this development. These rights include the ability to locate a grease interceptor system under the sidewalk and to allow for outward door swings from the commercial storefronts and balconies to overhang the sidewalk. Please forward this memorandum and attachment to the Village Board for their review and consideration at their April 4th meeting. Staff will be at that meeting to answer any questions related to this matter. ~lt , e gw mla 03/30106 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORWOOD EMERSON LLC (DEVELOPER) FOR BUILDING APPURTENANCES LOCATED AT 100 SOUTH EMERSON STREET. MOUNT PROSPECT. ILLINOIS WHEREAS, Norwood Emerson LLC ("Developer") owns the real estate ("Property") commonly known as 100 South Emerson, Mount Prospect, Illinois; and WHEREAS, the Developer is constructing a mixed-use building on the Property and adjacent property; and WHEREAS, the Developer has requested that the Village grant a right of ingress, egress and access on, over, above and under a public right-of-way to construct, repair, maintain, service and replace certain structures encroaching thereon; and WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said Agreement in conjunction with the development of The Emerson. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Easement Agreement between Norwood Emerson LLC and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as "Exhibit A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of April 2006. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk H:\CLKO\files\WIN\RES\Easement agrmt,norwoodemerson2006.doc This instrument was prepared by, and upon recording shall be returned to: Stephen S. Messutta, Esq. 7458 N. Harlem Avenue Chicago, IL 60631 {The above space is reseNed for the Recorder7 PTN: 08-12-108-002, -003, -004 Common Address: 100 S. Emerson, Mount Prospect, IL 60056 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of this day of , 2006 ("Effective Date") by and between NORWOOD EMERSON LLC, an Illinois limited liability company ("Developer") and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Village"). REelT ALS A. Developer owns the real estate ("Property") commonly known as 100 S. Emerson, Mount Prospect, Illinois 60056, currently legally described on attached Exhibit "A"; B. Pursuant to applicable authority, the Developer is constructing a mixed-use building ("Building") on the Property and adjacent property. The Building will include, among other components and features: in-ground foundation and structural supports; in-ground utility lines; balconies for upper story residential units; lighting elements, signage, awnings, outward- swing doors and other appurtenances at grade; a below-grade grease interceptor system for potential use by food service tenants and occupants in the grade level commercial/retail space; and sidewalks and landscaping surrounding the Building (all the foregoing collectively "Appurtenances"); C. Also pursuant to applicable authority, the Village is requiring that the Developer both record a plat of resubdivision (consolidation) for the Property ("Plat") and dedicate to the Village, per Plat, land areas outside the Building envelope at grade level but within the Property boundaries to the Village for additional right of way for South Emerson Street. An unsigned, reduced version of the Plat substantially in the form as intended to be recorded is attached as Exhibit "B" and depicts, among other things, the area "Hereby Dedicated" along South Emerson Street; D. Upon recording of the Plat and as and when fully constructed, the Appurtenances as installed or in normal use will encroach on, over, above and/or under both E. Busse Avenue (to the north) and S. Emerson Street (to the east) (collectively the "Encroachment Areas"); and E. The parties also agree and acknowledge that it is in the best interests of the parties to improve downtown parking facilities and provide for improved traffic flow in the downtown area to enter into this Agreement. NOW, THEREFORE, and for and in consideration of the foregoing and the mutual covenants of this Agreement, the parties hereto covenant and agree as follows: 1. instrument. Recordina the Plat. The Plat shall be recorded promptly upon recording of this 2. Easements. The Developer reserves to itself and the Village grants to the Developer, easements as follows: a. Developer Reservation. The Developer hereby reserves the right of ingress, egress and access on, over, above and under the Encroachment Areas being dedicated by the Plat (i) to construct and, upon construction, to repair, maintain, service and replace the Appurtenances encroaching thereon and therein and (ii) for the Appurtenances' customary and intended uses and purposes. b. Villaae Grant. The Village hereby grants the Developer the right of ingress, egress and access on, over, above and under the Encroachment Areas (i) to construct and, upon construction, to repair, maintain, service and replace the Appurtenances encroaching thereon and therein and for the Appurtenances' customary and intended uses and purposes. 3. Cost Allocations/Ownership of ApPurtenances. The Developer at its sole cost and expense shall construct all Appurtenances. All Appurtenances but for public sidewalks shall be the Developer'S sole property; those public sidewalks shall be the sole property of the Village. 4. Indemnity and Insurance. a. Insurance. Each party shall insure its respective interests under this Agreement in commercially reasonable amounts at all times and shall provide the other with a certificate of insurance of continuous coverage thereof naming the other as an additional named insured as its interests may appear. Each party shall waive its insurance carriers' rights of subrogation against the. other in the case of all risks for which the carrier otherwise would have such rights. The Village may self-insure all or any portion ofthese requirements. b. Indemnitv. The Developer shall indemnify and hold harmless the Village, its officers, agents and employees with respect to any claim or loss, including but not limited to, reasonable attorney's fees, costs and expenses of litigation, claims and judgments in connection with any and all claims for damages of any kind which may arise from, in, on or on account of the Appurtenances irrespective of whether the claim in brought by the Developer, the Developer's agents or employees or any third party. 5. Remedies. a. Self-Help. The parties and their respective successors and assigns each shall have the right of self-help in the event of a breach by another party in that other party's obligations under this Agreement and the failure or refusal of the party in breach 2 to cure the breach within fifteen (15) days after receipt of notice from the party(ies) not in breach. provided that if cure of the breach in question would require reasonable additional time. the party in breach shall have a reasonable additional time for cure. Notwithstanding the foregoing, each party shall have the right to immediate self-help without prior notice of (a) emergencies and (b) at the applicable owner's sole cost and expense for additional snow and ice removal services. b. Default Rate. Any unpaid obligation of a party shall bear interest on the principal balance outstanding and unpaid from and after it is due and payable (all monetary obligations shall be net 30) until it is paid in full, at the rate of 4% in excess of the prime rate of interest per annum from time to time announced in the Wall Street Journal - Midwest Edition. c. General. Each party shall have all of the remedies set forth in this Agreement and all remedies each may have at law and in equity. Each party shall have alien against the real estate of the other party(ies) from which a party is entitled to a reimbursement under this Agreement. Each and every obligation to perform or not perform an act other than the mere payment of money shall be deemed material and the damages from a breach thereof shall be deemed impossible to determine; each party aggrieved by such performance or non-performance shall be entitled to injunctive relief against the party in breach of performance or non-performance obligation. The prevailing party in any action or dispute shall be entitled to recover from each other party to the action or dispute and not so prevailing, its attorney's fees, court costs and other costs of litigation or dispute resolution. 6. Bindina Effect. Covenant Runnina. This Agreement shall be binding on and inure to the benefit ofthe parties, and their respective successors and assigns. The easements created and granted in this Agreement shall be covenants running with the land constituting the Redevelopment Area and each portion of it. All references to the Developer shall include its successors and assigns. Developer shall be released from its obligations under this Agreement (a) as to intended condominium and related portions of the Building, upon recording of a declaration submitting those portions of the Property to the Illinois Condominium Property Act, and (b) as to intended retail and commercial areas and related portions of the Building, upon conveyance of those portions of the Building to a grantee thereof. 3 7. Notices. Notices under this Agreement (including changes of name and address for notice) shall be served upon the parties at their respective addresses listed below, by personal receipted delivery, by overnight receipted courier service, by certified mail with return receipt service, or by properly machine'-acknowledged electronic transmission followed by mailing a copy of the transmission (with machine-acknowledgement of service) in properly preposted US postal service first class mail service within 24 hours after the machine- acknowledgement: To the Village: With a copy to: To Developer: With a copy to: 8. General. Village Manager Village of Mount Prospect, Illinois 100 South Emerson Street Mount Prospect, Illinois 60056 Village Attorney Village of Mount Prospect, Illinois 100 South Emerson Street Mount Prospect, Illinois 60056 Norwood Emerson LLC 7458 North Harlem Avenue Chicago, Illinois 60631 Stephen S. Messutta, General Counsel Norwood Emerson LLC 7458 North Harlem Avenue Chicago, Illinois 60631 a. This is the entire Agreement of the parties and supersedes any and all prior representations and statements between the parties with respect to the subject matter covered by this Agreement. b. This Agreement may be amended, supplemented or modified in any respect whatsoever, or rescinded in whole or in part, only in a written instrument duly executed and acknowledged by all the parties hereto and recorded in the land records of Cook County, Illinois. c. This Agreement shall be interpreted to give full effect to all of its provisions and to its intent. If any final and non-appealable order of any court or tribunal of competent jurisdiction determines that any provision or provisions is or are void as a matter of law, that provision or those provisions shall be deemed severable and severed and the fullest effect practicable shall be given to the remaining provisions of this Agreement. d. This Agreement shall be governed by the laws of the State of Illinois, including its laws pertaining to conflicts of law. 4 e. An original of this Agreement shall be recorded with the Recorder of Deeds of Cook County, Illinois. WITNESS the parties execution of this Agreement as of the day and year first above written. VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Village"): By: Print Name: Title: NORWOOD EMERSON, an Illinois limited liability company ("Developer"): 5 STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the Undersigned, being a notary public in and for the State and County aforesaid, do hereby certify that , as of the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation, and , as of said corporation, personally known to me to . be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act and as the free and voluntary act of the corporation pursuant to authority granted by the Board of Trustees of the corporation, for the uses and purposes therein set forth. Notary Public Subscribed and sworn to before me this _ day of , 200 STATE OF ILLINOIS) )SS. COUNTY OF COOK ) I, the Under~ned, bein~a notary public in and for the State and County aforesaid, do hereby certify that (\.) c.e:r kz,.A.l.tA.- , as ~~d () t~ of Norwood Construction, Inc., an Illinois corporation, as the Manager of the NORWOOD EMERSON LLC, an Illinois limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act and as the free and voluntary act of the corporation and company, for the uses and purposes therein set forth. ~ ~----.". Notary Public Subscribe.9~d sworn to before me this ~ day of ~ JA. J 200 (p "OFFICIAL SEAL" Stephen S. Messu~~ Notary Public, State of illinOis My Commission Exp. 05/05/2007 1::;..t:,:1,..o~~':~~~!J'!!rJl~.I\.'/4.. ~,l\'lI.fJI.t_,,:;p.?~,;~1.:i'.;PJ''''~ 6 CONSENT OF MORTGAGEE Parkway Bank and Trust Company, which is the holder of a first mortgage dated as of the and recorded in Cook County, Illinois on as Document No. , hereby consents to the recording of the within Easement and Cost Allocation Agreement and agrees that its mortgag~s shall be subject to its terms and conditions. Dated: ,2002. PARKWAY BANK AND TRUST COMPANY By: Assistant Vice President ATTEST: STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) I, , a Notary Public in and for said County and State, do hereby certify that and , respectively, the Assistant Vice President of Parkway Bank and Trust Company ("Mortgagee"), appeared before me this day in person and acknowledged that they signed, sealed and delivered the within instrument as their free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _ day of ,200_. Notary Public 7 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 LOTS 1,4 AND 5, IN BLOCK 13 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31,1906 AS DOCUMENT NUMBER 3839591, IN COOK COUNTY, ILLINOIS. PARCEL 2 LOT 3 IN VILLAGE CENTRE PHASE 1-B, BEING A RESUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6,2001 AS DOCUMENT NUMBER 0011155055, IN COOK COUNTY, ILLINOIS. PARCEL 3 ENTRANCE RAMP - SURFACE THAT PART OF LOT 11N VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6,2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; 8 THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET; . THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 1.58 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS WEST 0.78 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 81.50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 13 MINUTES 20 SECONDS WEST ALONG SAID EAST LINE 27.08 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 81.35 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS WEST 26.94 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 4 RAMP/TUNNEL - SUBSURFACE THAT PART OF LOT 1 IN VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31 DEGREES 34 MINUTES 03 9 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES OOMINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 1.58 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 14 SECONDS EAST 26.16 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 1.62 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS WEST 0.50 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 38.07 FEET; THENCE SOUTH 00 DEGREES 25 MINUTES 15 SECONDS EAST 11.94 FEET; THENCE SOUTH 31 DEGREES 58 MINUTES 13 SECONDS WEST 27.75 FEET; THENCE NORTH 58 DEGREES 24 MINUTES 11 SECONDS WEST 25.94 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. THE BOTTOM PLANE OF THE VERTICAL SPACE OF THE ABOVE DESCRIBED PARCEL SHALL BE (BASED ON VILLAGE OF MOUNT PROSPECT TBM-582, ELEVATION 666.66 MEASURED, 666.52 FEET PUBLISHED) AN ELEVATION OF 657.00 FEET (LOWEST FLOOR) AND THE TOP PLANE, SHALL BE 667.60 FEET (CEILING). PARCEL 5 FILL- IN SURFACE PIECE THAT PART OF LOT 1 IN VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6; 2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; 10 THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET; THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 13.77 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 58 DEGREES 22 MINUTES 39 SECONDS EAST ALONG SAID NORTH LINE 24.15 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 49.08 FEET;THENCE SOUTH 00 DEGREES 05 MINUTES 14 SECONDS EAST 0.78 FEET TO THE OUTSIDE FACE OF A EXISTING CONCRETE FOUNDATION; THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 1.58 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 68.00 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY,ILLlNOIS. PREPARED July 1, 2005 REVISED July 14, 2005 (centre) SPACECO, INC., cbl N:\DGN\2728-02\SURVEY\AL TA_LGL.doc 11 EXHIBITB REDUCTED PLAT [See Attached - Signature Draft Version] 12 PART OF' THE NORTHWEST QUARTER OF SECTIDN 121 TOWNSHIP 41 NORTH. RANGE 1 t EAST OF' THE TH1RD PR1NCtPAL MERIDIAN. 1M COOl CDUNTY. ILLIN01S. . PHASE 1...C AND CONSOLIDATION 1 -t- VILLAGE CENTRE OF RESUBDIVISION PLAT !. (PARK AVENUE> AVENUE r-t9C~ ~ Cl - ~O 40, ac.'IIC'lln. m'ln: H~ ~:~,l!g~~. 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AN ORDINANCE ESTABLISHING ARTICLE XXII OF CHAPTER 8, PAYMENT OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS., OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect are committed to the maximum utilization of its System of Administrative Adjudication, and WHEREAS, upon the failure to pursue or exhaustion of judicial procedures for review of a final determination of the Administrative Law Judge, any order of compliance, any fine, penalty or cost due and owing to the Village of Mount Prospect is a lawful obligation owed to the Village of Mount Prospect ("Final Administrative Judgment"), and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that satisfaction of Final Administrative Judgments is necessary and appropriate, and WHEREAS, such satisfaction of judgments is encouraged by conditioning the issuance and renewal of licenses and permits on such satisfaction, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: D iManage 165770 I SECTION 1: Chapter 8 of the Village of Mount Prospect Village Code, as amended, is amended further by adding a new Article XXII to Chapter 8, which shall be titled ARTICLE XXII, SATISFACTION OF ADMINISTRATIVE JUDGMENTS PRIOR TO ISSUANCE AND RENEWAL OF LICENSES AND PERMITS, to read as follows: 8.2201 Notice of Final Determination of Liability. If any Final Administrative Judgment remains unsatisfied after the respondent has exhausted or failed to pursue judicial review ("Unsatisfied Obligation"), the Administrative Hearings Supervisor shall cause a Notice of Unsatisfied Obligation to be sent to the respondent. This notice may be the same notice as provided in Article XXI. The notice shall inform the respondent of the actions that are authorized pursuant to Section 8.2202 of this Article. 8.2202 Failure to Satisfy Obligation After Notice - Action authorized. If the respondent fails to satisfy the obligation within fourteen (14) days after the date of service of the Notice of Unsatisfied Obligation, as provided in Section 8.2201 of this Article, the Village of Mount Prospect may take the following actions in addition to any other enforcement action authorized by law: A. Decline to issue or renew any license, permit, zoning variance or other permission or consideration requested and/or applied for by respondent under Chapters 7,9, 10, 11, 12, 13, 14 or 21 of the Village of Mount Prospect Code or any other applicable Village Code until respondent satisfies such obligation; and/or iManage 165770 1 2 B. Decline to issue or renew residential parking permits, temporary residential parking permits or any other permit requested and/or applied for by respondent under any Chapter of the Village of Mount Prospect Village Code, until respondent satisfies such obligation. 8.2203 Notification of Licensing Department and Respondent; Hearing. A. If the respondent fails to satisfy such obligation within the fourteen (14) day period, the Administrative Hearings Supervisor shall notify the appropriate Village Departments that the respondent has an Unsatisfied Obligation and that no licenses or permits may be issued to the respondent until the obligation has been fully satisfied. B. At or prior to a respondent's request or application for a license or permit, or for a renewal of such license or permit, the appropriate Department shall notify the respondent that he or she is ineligible for issuance or renewal of such license or permit due to the Unsatisfied Obligation. The notice shall inform the respondent that he or she may request a description of the Unsatisfied Obligation from the Village and further inform the respondent of the right to appeal the denial of the license or permit under this section. Notice may be served to the last address provided by the respondent by first class mail or by an overnight or 2-day commercial delivery service. The date of service shall be the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. C. Upon the respondent's request, the Village shall provide the respondent with a written description of the Unsatisfied Obligation. Respondent shall have ten (10) days from the date of notice to appeal the department's denial by requesting a hearing before the Village's Administrative Law Judge. iManage 165770 1 3 D. Requests for hearing shall be made in writing to the Village Administrative Hearings Supervisor. A request for hearing shall include: the full name, address and telephone number of the respondent; a written statement signed by the respondent setting forth facts, law or other information relevant to establishing a defense to the Department's denial; a copy of the notice provided to the respondent by the license/permit-issuing department under this subsection; and, any documentary evidence that supports the respondent's appeal, including proof of satisfaction of the obligation. Upon receipt of a timely and proper request for a hearing, the Village Administrative Hearings Supervisor shall assign a hearing date no later than 30 days after the date of request. E. The hearing shall comply with the following provisions: (1) The Village Administrative Law Judge shall abide by any prior determination of the existence of an Unsatisfied Obligation or finding of a violation of any provision of the Village Municipal Code. The scope of review shall be limited to whether the obligation has been satisfied or whether the respondent is the actual person against whom the order was issued. The petitioner shall not be entitled to raise any other defenses related to his or her liability for the underlying obligation. (2) At the conclusion of the hearing, the Village Administrative Law Judge shall issue a final order that the respondent is either eligible or ineligible for issuance or renewal of the license or permit. If the respondent is found to be ineligible, the petitioner's license or permit may not be issued or renewed prior to the iManage 165770 I 4 satisfaction of the obligation. This order shall be final for purposes of judicial review under Administrative Review Law of Illinois. 8.2204 Issuance of License or Permit Notwithstanding Fine or Penalty Unpaid. Notwithstanding the provisions of subsection 8.2203, the Village may issue an initial or renewal license or permit, upon written approval of the Village Manager if it is determined to be in the best interests of the Village and: A. The respondent has entered into an agreement with a court of competent jurisdiction, the Department of Finance or other appropriate Village Department or agency for the satisfaction of the obligation and the respondent is in compliance with the agreement; or B. The respondent has filed a petition in bankruptcy and any delinquent monetary debt is dischargeable in bankruptcy. 8.2205 Effect of License or Permit During Pendency of Appeal Process. When the holder of a current and valid license or permit is notified in accordance with Subsection 8-2203(B) that such license or permit will not be renewed unless the obligation is satisfied, the license or permit shall remain in effect during the pendency of the appeal process described in Subsection 8.2203. If the appeal results in a finding that the license or permit is eligible for renewal, it shall remain in effect until the renewal is issued. When the appeal results in a finding that a license or permit is ineligible for renewal, it shall expire at such time as the license or permit holder has exhausted or failed to exhaust the appeal procedures described in subsection 8.2203. iManage 165770 1 5 SECTION 2: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2006. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk H:\CLKO\files\WIN\MP Ord Final issuance and renewal of licenses and permits Ch a.DOC iManage 165770 1 6 Village of Mount Prospect Community Development Department - Building Division MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 28, 2006 SUBJECT: ELEVATOR INSPECTIONS Staff recently disseminated a Request for Proposals soliciting elevator plan review and inspection services. Thompson Elevator Inspection Service, Inc. was the lone respondent to the RFP. Thompson has provided this service to the Village for over 20 years and is one of the few contractors that provides these services in the Chicago region. This memorandum recommends the Village enter into an a contractual services agreement with Thompson to provide these services and to increase the cost of bi-annual elevator inspections fees and plan reviews in order to cover our costs to administer these services. Thompson currently conducts elevator inspections in Mount Prospect during the months of April and October. Currently they charge thirty five dollars ($35.00) for a semi-annual elevator inspection, and will increase this cost to $37 per inspection. The cost of plan review will rise from a base of $60 per unit to $75 per unit for new construction plan review. The Village has historically charged elevator owners these same amounts without any additional fee to cover Village administrative time. The Building Division and the Finance Department have reviewed administrative time utilized and report an average of 15-21 hours of Finance time and 18.5 hours of Building Division time is spent twice a year (for each inspection cycle) on processing Thompson's bi-annual inspections reports, inspection notices, reinspection requests, filing the reports by address and issuing elevator certificates. Staff recommends that the Village raise our fees for elevator inspections by $13 and for plan reviews by $25 to cover the administrative costs previously absorbed by the Village. Staff recently surveyed neighboring municipalities and found that our fees are currently lower than most. Listed below is a summary of what other surrounding communities currently charge: Municipality Elevator Review Fees Elevator Inspection Fee Des Plaines $50 $33 Arlinaton Heights $150 $82 Prospect Heights $0 $0 Wheeling $75 $60 Palatine $60 $48 Buffalo Grove $125 $75 $50 + $49 for each $1000 of Glenview construction valuation $40 Hoffman Estates $100 $50 E Elevator Inspection and Plan Review Fees 2006 March 28, 2006 Page 2 Schaumburg $100 $65 Park Ridge $100 $60 Bartlett $85 $35 $60 + 1 % of the construction Highland Park cost $50 Mount Prospect $60 $35 Therefore I would recommend that the Village: 1) Authorize Thompson Elevator Inspection Service, Inc. to provide elevator plan review and inspection services on behalf of the Village. 2) Increase semi-annual elevator inspection and re-inspection fees to $50 to cover Village costs associated with administering these inspections. 3) Increase the Plan review fee to $100 to cover Village costs associated with processing the plans. Please forward this memorandum and attachment to the Village Board for their review and consideration at their April 4th meeting. Staff will be at that meeting to answer any questions related to this matter. ~~?~~:. THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect, Illinois 60056 Phone (847) 296-8211 Fax (847) 296-5424 February 24, 2006 William J. Cooney, Jr., AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Re: Elevator Inspection Service Contract Dear Mr. Cooney: First off, thank you for the bid opportunity. As your current inspection company over 20 plus years, we value you as a customer. This letter is to review the services that we have historically provided to your community. Thompson Elevator Inspection Service, Inc. was formed in 1975 to assist and provide code plan reviews, new construction, modernization work and semi-annual inspections for municipalities, school districts and individual buildings without municipality enforcement in the State of Illinois. Our company can assist you in defining your goals for a continued formal elevator inspection program. Our company can assist you in ensuring that the safety is met on new construction, modernization work and semi-annual inspections. The following is a high-level break down of the life cycle of a unit and what services we would provide. Step 1 New Construction (or RenovatedIModernization Work) Plan Review Per code, the Elevator Company submits three (3) final layout plan review drawings to municipality. This visibility starts the permit process within your building department. The building department sends the plan review drawings to our company for review and approval. Our company conducts the plan review and returns the plan review drawings to the building department for distribution and permit finalization. Step 2 New Construction (or Modernization Work) Inspection Elevator Company calls our company to schedule inspection. Our company conducts inspection. After inspection, inspector delivers inspection report to building department for your records. Step 3 Semi-Annual Inspections Upon inspection cycle, our company will automatically inspect during that time period. Our company provides electronically printed forms for the initial inspection Building Owner / Representative signs inspection report and receives copy. After inspections, inspector delivers inspection reports to building department for your records. Step 4 Certification Once unit reaches "condition good" status, the unit receives certification from your staff. Thompson Elevator Inspection Service, Inc. Historically, the inspection cycle would follow a spring / fall format which is April/October. Since the village and the buildings in the community are familiar with this schedule, we would continue to keep this schedule. Our company's inspection program would follow the current codes provided by your . community, provide all inspection forms for all types of inspection for any of the following types of commercial and residential equipment that your community has and might install in the future: Elevators Escalators Dumbwaiters Dock Lifts Freights Material Lifts Scissors Lift Vertical Platform Lifts Casket Lifts Wheelchair Lifts Issue Resolution IRe-Inspection We do a complete safety inspection, ensuring all items are working and the unit is in proper working order. If there are issues with the unit, we document the items not working on the inspection report. The ownership for resolution of issues would be the building owner/facility's responsibility. In order for a certificate to be issued by your community, the initial report or a re-inspection report would need to state, "condition good". A re-inspection for new construction or semi-annual inspection occurs if the unit did not pass on the first initial inspection. The re-inspection(s) follow-up typically would occur 15 to 30 days depending on the issue(s). Ifwe have inspected a semi-annual unit three times and issues are still outstanding, the report is turned over to the building department for further action (3 strikes out policy). New Construction re- inspections are not turned over to building department and will occur until unit reaches "condition good". I feel by this method everyone concerned with the elevator has visibility to the inspection results. Billing Our company would invoice the Village ofMt Prospect in an itemized format detailing the type of service provided. The billing would cover plan reviews, new construction, modernization, semi-annual inspections and any re-inspections for those types of inspections. Information reports would also be identified on the bill at no charge. References Currently, we perform inspection work for over 175 communities throughout Cook, Lake, McHenry, DuPage, Kane and Will counties. Below is a list of neighboring communities we perform inspections for: Algonquin Arlington Heights Aurora Barrington Buffalo Grove Carpentersville Cary Crystal Lake Deerfield Des Plaines Elgin Elk Grove Village Hoffman Estates Highland Park Hinsdale Lake Zurich Lombard McHenry Northbrook Park Ridge Marengo Oak Park Orland Park Rolling Meadows Schaumburg Tinley Park Waukegan Page 2 of3 Thompson Elevator Inspection Service, Inc. As with anything else, an elevator is a very complex piece of equipment. As safety is of the utmost importance, a qualified inspection must be done when the elevator is first ready to be turned over after installation and subsequently every 6 months thereafter. According to Code, a Five-year Governor Safety Test is to be witnessed by an inspector is one example of the degree of safety required. Qualifications Thompson Elevator Inspection Service, Inc. has a staff of25 people, which includes eighteen inspectors qualified to do the work. Since 35% of our staff are Mt. Prospect residents, we pride ourselves in having the ability to address urgent matters if need be. We all carry cell phones and can be reached immediately to answer a question or in case an urgent inspection is required, we cart arrange to have an inspector assist in the matter or if applicable, be on-site in approximately 2 hours or less. We are an inspection company only. We perform no maintenance / service / or installation work. Therefore, there is no conflict of interest. We are certified QEI members of the National Association of Elevator Safety Authorities (NAESA) and belong to the Suburban Building Officials Conference, Northwest Building Officials and Code Administrators and the Mt. Prospect Chamber of Commerce. Summary I hope this information answers your questions. Please feel free to call for more information anytime. I am available to discuss the bid/contract with you at anytime. It is my company's wish to be of continuing service to you and the village, I remain, Respectively yours, ~mpson President Enclosures Page 3 of3 THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect... Illinois 60056 Phone (847) 296-8211 Fax (847) 296-5424 PRICING TOTALS FOR. BID TOTAL UNITS FOR TIlE VIlLAGE OF MY. PROSPECT .... I~ . UIlltT...., tr. S.TeMl p.- I. Semi-Annual Insoections 200 units 4a>2 400 $37.00 $14.800.00 2. Semi-Annual Re-Insoections estimated at lOO/.. oftotaJ units 40 $37.00 1,480.00 3. Plan Reviews-New Iu1aUs (architectural or elevator fmal shop 5 $75.00 375.00 dra' . 4. Plan Reviews-ReDovatedJModemimdOD (architectural or elevator 5 $75.00 375.00 final mop drawin2s) 5. New Construction Insoection 5 $75.00 375.00 6. New Construction Re- '008 estimated at 50% of total installs 3 $75.00 225.00 7. RenovatedlModernizadon Construction Inspection 5 $75.00 375.00 8. RenovatecllModernizatioD Construction Re-inspections estimated 3 $75.00 225.00 at 50% of total PRICE SUMMARY Items 1-2 Items 1-2 Items 3-8 Items 1-12 SIlb-Total $14,800.00 + 1,480.00 $16,280.00 + $1950.00 Sl8,130.00 Grand Total PRIClNG TOTALS FOR THE CURRENT/ACCURATE TOTALS (AS OF DECEMBER 31, 2005) FOR THE VD..LAGE OF MY PROSPECT L Semi-Annuallns otal Units: 190 2. Semi-Annual Re-m 'ODS estimated at tOOA of total units 3. Plan Reviews-New Installs (architectural or elevator final shop draw' 4. Plan Reviews-RenovatedlModernizadoB (architectural or elevator final sbo drawin 5. New Construction Ins 6. New Construction Re--ins ions estimated at 50010 oftotaJ installs 7. RenovatedlModerBizatioB Construction Ins on 8_ ReBovatedlModemizadoD Construction Re-inspectioDs estimated at SOG" oftotal UIdtT..... - ..... ... 380 $37.00 $14,060.00 38 $37.00 ] ,406.00 3 $75.00 225.00 7 $75.00 525.00 3 $75.00 225.00 1 $75.00 75 7 $75.00 525.00 4 $75.00 300.00 It.. .$enIce ~RlCE SUMMARX Items 1-2 Items 1-2 Items 3-8 Items 1-12 Sub-Total $14,060.00 17406.00 $15.466.00 1,8~5.00 $17,341.00 Graud Total -.... -.... -- ._,."..... "...._,-,-- "'-'-",'--"-"~"-'-'-'...--" -, THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect, Illinois 60056 Phone (847) 296-8211 Fax (847) 296-5424 TASK RESPONSIBLITY Item Responsibilitv Service 1. Thompson Perform Semi-Annual Inspections 2. Thompson Perform Semi-Annual Re-Inspections 3. Thompson Conduct Plan Reviews-New Installs (architectural or elevator fmal shop drawings) 4. Thompson Conduct Plan Reviews-RenovatedlModernization (architectural or elevator final shop drawings) 5. Thompson Perform New Construction Inspection 6. Thompson Perform New Construction Re-inspections estimated at 50% of total installs 7. Thompson Perform RenovatedlModernization Construction Inspection 8. Thompson Perform RenovatedlModernization Construction Re-inspections estimated at 50% of total 9. Thompson Invoice Village ofMt Prospect for services above 10. Y ofMt Prospect If applicable, invoice Building Owners II. Y of Mt Prospect Issue Certificate of Compliance 12. V ofMt Prospect If after three semi-annual inspections, non compliance occurs - action to be taken for enforcement THOMPSON ELEVATOR INSPECTION SERVICE, INC. 1302 E. Thayer Street Mt. Prospect, illinois 60056 Phone (847) 296-8211 Fax (847) 296-5424 SCHEDULE OF FEES Effective~ayl,2006 Inspections made between 8 a.m. - 5 p.m. FEE: APPLIES TO: . SERVICE PROVIDED: Safety Inspection . Existing elevators . TEIS provides forms $37.00 per unit . Existing escalators . TEIS provides insurance . Existing dumbwaiters . TEIS provides copies of all . Existing freight elevators inspections to municipality . Existing lifts: dock, wheelchair, material, casket, scissor, etc. . Re-Inspection when unit's item(s) are not completed on first inspection New Construction (NC) or . New installed or modernization of elevators . TEIS provides forms Mod New Construction (Mod NC) . New installed or modernization of escalators . TEIS provides insurance $75.00 per unit . New installed or modernization of dumbwaiters . TEIS provides copies of all . New installed or modernization of freight elevators inspections to municipality . New installed or modernization of lifts: dock, wheelchair, material, casket, scissor, etc. . Re-Inspection of new constroction or modernization of, when unit's item(s) are not completed on first inspection Architectural Plan Review Review of architectural plans, if requested. Completed plan review returned to (New or MOD Construction) municipality $75.00 per unit Final Elevator Shop Drawings Review of elevator drawings. Completed review returned to (New or MOD Construction) municipality $75.00 per unit Safety Tests . Full Load Governor Safety Test, Full Load Hydraulic Inspector witnesses test $75.00 per unit Pressure Test and Fire Recall Test due to repair work . TEIS provides form or code requirements. . TEIS provides insurance . Re-Inspection of unit, when unit's item(s) are not . TEIS provides copies of all completed on first inspection inspections to municipality Safety Inspection Not Ready Follow-up inspection due to building and unit not being . TEIS provides form $37.00 per unit ready on day of scheduled inspection. . TEIS provides insurance Special Overtime Inspection Special Overtime Inspection - requested by municipality Mon-Fri: Before 8am & after 5pm $37.00 x 2 per unit for SA Sat & Sun: anytime $75.00 x 2 per unit for NC or MOD NC Certificates Certificate of Compliance If requested, certificates furnished $4.00 per unit and typed Thank YOU!! Enclosure 2006-E-37 ORDINANCE NO. AN ORDINANCE TO AMEND PERMIT AND INSPECTION FEES SET FORTH IN APPENDIX A - DIVISION II ENTITLED "ELEVATOR, ESCALATOR AND DUMBWAITER PERMIT AND INSPECTION FEES" OF THE VILLAGE CODE OF MOUNT PROSPECT NOW, THEREREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Chapter 21, Section 21.314 of Appendix A- Division II, entitled "Elevator, Escalator and Dumbwaiter Permit and Inspection Fees" is amended as follows: A. The current 21.314 shall be deleted and replaced with a new Section 21.314 to read as follows: 1. Permit Fees: $100 2. Semi-Annual Inspection Fee: $ 50 3. Re-inspection Fee: $ 50 SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: None PASSED and APPROVED this day of , 2006. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk amendappendixA license fees - division Iljanuary2006