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HomeMy WebLinkAboutOrd 4857 05/06/1997 ORDINANCE NO. 4857 AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY GENERALLY LOCATED AT 280-290 WESTGATE ROAD Passed and approved by the President and Board of Trustees the 6th day of May ,1997 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 6th day of Ma,/ , 1997. CAF/ 5/12/97 ORDINANCE NO. 4857 AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY GENERALLY LOCATED AT 280 - 290 WESTGATE ROAD WHEREAS, WESTGATE, LLC (hereinafter referred to as Petitioner), has filed an application for variations for property generally located at 280-290 Westgate Road (hereinafter referred to as Subject Property), legally described as follows: Lot 17 in C. A. Goelz Prospect Gardens, being a subdivision of the West half of the southeast 1/4 together with the East 2/3 of the North 3/4 of the Northwest 1/4 of the Southwest 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS, Petitioner has requested the following variations: 1. A variation from Section 14.2220 to waive the required parking lot curb and gutter along the south and west property lines only. 2. A variation from Section 14.2306. C.2 to waive the rear and interior side yard landscape screening requirement for parking lots. 3. A variation from Section 14.304.D.l.b.(2) to permit an existing fence to continue to the side of a principal structure in an exterior side yard. 4. A variation from Section 14.2224 to reduce the number of required parking spaces from 252 to 159. 5. A variation from Section 14.1304 to permit a unit density of 24.1 units per acre, rather than the permitted 16 units per acre. WHEREAS, a public hearing was held on the request for variations, requested in ZBA Case No. 16-96, before the Zoning Board of Appeals of the Village of Mount Prospect on the 27th day of March, 1997 pursuant to due and proper notice thereof having been published in the Mount Prospect Journal and Topics on the 12th day of March, 1997; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the variations requested in ZBA 16-96 and have determined that the best interests of the Village of Mount Prospect would be served by granting said requests. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Village Board of the Village of Mount Prospect do hereby grant the following variations for the Subject Property: 1. A variation from Section 14.2220 to waive the required parking lot curb and gutter along the south and west property lines only. 2. A variation from Section 14.2306,C.2 to waive the rear and interior side yard landscape screening requirement for parking lots. BA 16-96 Variations Page 2 of 2 3. A variation from Section 14.304. D.1 .b.(2) to permit an existing fence to continue to the side of a principal structure in an exterior side yard. 4. A variation from Section '14.2224 to reduce the number of required parking spaces from 252 to 159, subject to the provisions set forth in SECTION THREE of this Ordinance. 5. A variation from Section 1'4.1304 to permit a unit density of 24.1 units per acre, rather than the permitted 16 units per acre. SECTION THREE: That the Petitioner shall inter into an Escrow Account, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A", in an amount not less than $90,000, which funds shall be sufficient to pay the cost of installing additional parking spaces for the Subject Property. If, within a period of five (5) years from the date this Ordinance is adopted, it is determined that the need for additional parking exists, the cost of constructing the parking lot(s) shall be paid from the Escrow Account. If, at the end of the five (5) year period, it has been determined that additional parking spaces are not necessary, the funds in the subject Escrow Account shall be returned to the Petitioner. SECTION FOUR: That except for the variations granted herein all other application Ordinances of the Village shall be applicable. SECTION FIVE: That 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: Clowes, Corcoren, Hoefert, Juracek, Wilks NAYS: None ABSENT: Hendricks PASSED and APPROVED this 6th day of May, 1997. ATTEST: Carol A. Fields Village Clerk ESCROW AGREEMENT AGREEMENT is made and entered into this I~' day of THIS ESCROW 1997, between WESTGATE, L.L.C., an Illinois limited liability company ("Westgate"), WESTGATE OF MOUNT PROSPECT CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation ("Association"),. and the VILLAGE OF MOUNT PROSPECT, a municipality ("Village"). WITNESSETH: WHEREAS, Westgate is the owner of the rental property at 280 and 290 Westgate Road, Mount Prospect, Illinois 60056 (the "Property"); and WHEREAS, Westgate is intending to submit the Property to the provisions of the Illinois Condominium Property Act; and WHEREAS, the Village has required Westgate to establish an escrow so that funds are available for the construction of additional parking spaces in the event the parties determine that such additional spaces are required on the Property; and WHEREAS, the Village has agreed to act as escrow agent to hold the escrow deposit for the purposes and in accordance with the terms and provisions as hereinafter set forth. a :~,wpwin\westgate.ea2 NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto have agreed as follows: 1. On or before ~ ~c~ (~ ,1997, Westgate shall deposit with the Village, as escrow holder (the Village sometimes hereinafter referred to as "Escrow Holder"), the sum of $90,000 ("Escrow Funds"), and the Village agrees to hold and disburse the Escrow Funds in accordance with the provisions of this Agreement. 2. Escrow Holder shall invest the Escrow Funds in an account that shall earn 3% compounded annually. All interest earned as a result of said investment shall be added to the Escrow Funds. 3. The term of this Escrow Agreement shall commence with the deposit of the Escrow Funds and shall terminate as hereinafter provided in paragraph 9 below. 4. The Escrow Funds may only be disbursed if it is determined by the parties pursuant to paragraph 5 below, that additional parking spaces are required within the areas of the Property designated on Exhibit A attached hereto (the "Additional Parking Spaces"). 5. On May 1 of each year during the term of this Agreement, the Village shall furnish Westgate and the Association with the number of verified complaints and parking citations that have been either received or issued for the preceding year with respect to the Unit Owner's overnight parking on the public streets adjacent to the property in violation of the Village ordinances. In addition, the Association promises to submit to Westgate and the Village a a:\wpwin\westgate.ea2 2 detailed account as to the number of vehicles owned by the Unit Owners of the Condominium Units on the Property, certified as being true and correct by the President of the Association. Some or all of the Additional Parking Spaces shall be constructed if either the Association has the approval of two-thirds (2/3) of all Unit Owners or the Village Board of Trustees of Mount Prospect votes to require the installation of the Additional Parking Spaces based upon the above noted complaints. 6. In the event the Unit Owners approve the construction of the Additional Parking Spaces, the Association, subject to Village approval, shall obtain two or more cost estimates and reasonable construction plans (the "Bids") and submit same to Westgate for its approval. If Westgate does not approve the Bids, it may obtain its own construction Bid, and the contractor submitting the lowest Bid will be the contractor who will be awarded the job. 7. Thereafter, the Association may enter into a contract with the contractor awarded the job, and Escrow Holder may disburse so much or all of the Escrow Funds as required by the terms of the construction contract as required to pay the contractor for the construction job. 8. In the event that the criteria in paragraph 5 above for Additional Parking Spaces is not met in any year during the term hereof, the Escrow Holder shall continue to hold the Escrow Funds in accordance with and pursuant to the terms of this Escrow Agreement. 9. Upon the earlier to occur of either (i) the construction and development of all of the Additional Parking Spaces, or (ii) May 31, 2002, Escrow Holder shall pay the balance of the Escrow Funds, including any accrued interest thereon, to Westgate. a :~wpwin\westgate.ea2 3 10. Any notice provided or permitted to be given under this Escrow Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage prepaid and registered or Certified with return receipt requested; by delivering the same in person to such party; by prepaid telegram or telex; by facsimile copy or by express mail. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee in the case of all notices other than notices served by personal delivery. As to all persons to whom notice must be given pursuant to this Agreement, notice shall be given by personal delivery. For purposes of notice, the addresses of the parties shall be as follows Westgate L.L.C. cio Ralph Katz 3175 Commercial Avenue Northbrook, Illinois 60062 Westgate of Mount Prospect Condominium Association 280-290 Westgate Road Mount Prospect, Illinois 60056 Village of Mount Prospect cio Director of Community Development Mount Prospect, Illinois 60056 11. The duties of Escrow Holder hereunder shall be entirely administrative and not discretionary. Escrow Holder shall be obligated to act only in accordance with written instructions received by it as provided in this Agreement and is authorized hereby to comply with any orders, judgments or decrees of any court with or without jurisdiction and shall not be liable as a result of its compliance with the same. a:\wpwin~westgate.ea2 4 12. Escrow Holder may rely absolutely upon the genuineness and authorization of the signature and purported signature of any party upon instruction, notice, release, request or other document delivered to it pursuant to this Agreement. 13. If the parties shall be in disagreement about the interpretation of this Escrow Agreement, or about the rights and obligations, or the propriety, of any action contemplated by Escrow Holder hereunder, Escrow Holder may, it its sole discretion, file an action in interpleader to resolve the disagreement. Escrow Holder shall be indemnified for all costs, including reasonable attorneys' fees in connection with the aforesaid interpleader action, and shall be fully protected in suspending all or a part of its activities under this Agreement until a final judgment in the interpleader action is rendered. 14. Escrow Holder may consult with counsel of its own choice and shall have full and complete authorization and protection for any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. Escrow Agent shall otherwise not be liable for any mistakes of fact or error of judgment, or for any acts or liable of any kind unless caused by its willful misconduct or gross negligence. 15. Escrow Holder may resign upon thirty (30) days written notice to the parties in this Agreement. If a successor Escrow Holder is not appointed within this thirty (30) day period, the Escrow Holder may petition a court of competent jurisdiction to name a successor. 16. The rights created by this Agreement shall inure to the benefit of and the obligations created hereby shall be binding upon the successors and assigns of the Escrow Holder and all parties to this Agreement. a:\wpwin \we stga te.ea2 5 17. The Agreement shall remain in full force and effect so long as Escrow Holder is the holder of any deposit made in accordance with this Escrow Agreement. 18. This Agreement shall be construed and enforced according to the laws of the State of Illinois. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this /-~ day of ~ ~ , 1997. WESTGATE L.L.C WESTGATE OF MOUNT PROSPECT CONDOMINIUM ASSOCIATION Its: Member Its: President VILLAG~OUNT P ROSPE/C,T"~ a:\wpwin\westg ate.ea2 6 EXHIBIT A TO ESCROW AGREEMENT ADDITIONAL PARKING SPACES a:~wpwin~westgate.ea2 7