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HomeMy WebLinkAbout7.2 PZ-15-20 / 1431 E. Algonquin Road / 1st reading of an ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE AN AUTOMOTIVE MAINTENANCE & SERVICE CENTER FOR THE PROPERTY LOCATED AT 1431 E. ALGONQUIN ROADItem Cover Page Subject PZ -15-20 / 1431 E. Algonquin Road / 1st readingof an ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE AN AUTOMOTIVE MAINTENANCE & SERVICE CENTER FOR THE PROPERTY LOCATED AT 1431 E. ALGONQUIN ROAD Meeting - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - Fiscal I se Category ActionType The Petitioner ,, Wojciech Soloman, proposes to expand the existing automotive maintenance and service center that currently exists as Powernet Motors, located on the Subject Property. In 2017,, the Village annexed the property and zoned it I- 1 industrial, which permits automotive maintenance and service centers as a conditional use. All businesses that were annexed into the Village were allowed to continue operating as non -conforming uses. Since the Petitioner would like to expand his business and use., a conditional use permit is required by Village Code. The Petitioner is proposing two employees and two service bays within the expansion,, with hours of operation remaining the same as the existing business (9 AM - 5 PM Monday- Friday, closed Saturday and Sunday). All automotive users on the Subject Property offer auto drop off service,, meaning one space per employee and five spaces per service bay are required from a parking perspective per code. A parking analysis on the property can be seen below: 1 Business Name Use Square Stalls required fFootage Shockwaves Promotional Apparel Warehouse 13,150 9 (1 per 1,500 SF) Perfect Auto Auto maintenance & 6,841 12 (2 employees, 2 Collision service service bays) Charlie's Ace Auto Auto maintenance & 4 280 6 (1 employee, 1 Service service service bay) Powernet Motors Auto maintenance & 8075 12 (2 employees, 2 (existing space) service ' service bays) Powernet Motors Auto maintenance & $�0�5 12 (2 employees, 2 (proposed space) service service bays) Total amount of parking stalls Total SF: 40,451 existing: 95 Total amount of parking stalls required: 51 Staff has reviewed the '- • request r; is supportive.The proposal expands an existing automotive maintenance and service center use on Village's south side, while filling a vacant industrial space. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on adjacent properties. The Building and Fire Departments noted several requirements that will need to be addressed during permit review,, which the Petitioner has been made aware. Staff has received no letters or emails in support or opposition of the request. The Petitioner is requesting a waiver of the second reading; the request letter is At the Planning & Zoning Commission hearing on September 10th, no concerns were brought up with the request, and the motion passed 5-0 with a positive recommendation • the VillageBoard. Alternatives 1. Approve a conditional use permit to operate an automotive maintenance & service center - - -' at the SubjectProperty, •knownas 1431 Algonquin Road, subject to the following condition: 2. Action at discretion o Village Board. StaffRecommendation Staff recommends that the Village Board approve the request for a conditional use to operate an automotive maintenance & service center for the Subject Property, also known as 1431 E. Algonquin Road, subject to the condition listed in the staff 1, 1 Administrative Content.pdf M i n utes. pdf Plans.pdf Waive Second Reading Letter.pdf CU 1431 E Algonquin PZ 15-20 1.pdf V? VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 ����� ;," � STAFF REPORT FROM THE DEPARTMENT OF Community Development 712 William J. Cooney, AICD Connor Harmon Director of Community Development Development Planner DATE: September 3rd., 2020 CASE NUMBER APPLICANT/PROPERTY OWNER PZ -15-20 Wojciech Soloman PUBLIC HEARING DATE PROPERTY ADDRESS/LOCATION September loth, 2020 1431 E. Algonquin Road BRIEF SUMMARY OF REQUEST The Petitioner is seeking conditional use approval to operate an automotive maintenance and service center at the Subject Property, also known as 1431 E. Algonquin Road. 2017 Aerial Image 2020 Village of Mount Prospect Zoning Map EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: 1-1 Limited Industrial PROPERTY 1-1 Limited Warehouse Building East: 1-1 Limited Industrial 2.39 Acres Industrial South: 1-1 Limited Industrial West: 1-1 Limited Industrial APPROVE . . ........ .......... STAFF RECOMMENDATION DENY 1 0 BACKGROUND/PROPERTY HISTORY The Subject Property was annexed into the Village in 2017 from unincorporated Cook County. No building permits have been issued or applied for since annexation. Various automotive and warehousing tenants located in the recently annexed areas have obtained and renewed their business licenses since 2017. PROPOSAL The Petitioner, Wojciech Soloman, proposes to expand the existing automotive maintenance and service center that currently exists as Powernet Motors, located on the Subject Property. In 2017, the Village annexed the property and zoned it 11 industrial which permits automotive maintenance and service centers as a conditional use. All businesses that were annexed into the Village were allowed to continue operating as non -conforming uses. Since the Petitioner would like to expand his business and use, a conditional use permit is required by Village Code. The Petitioner is proposing 2 employees and 2 service bays within the expansion, with hours of operation remaining the same as the existing business (9 AM -5 PM Monday- Friday, closed Saturday and Sunday). All automotive users on the Subject Property offer auto drop off service, meaning 1 space per employee and 5 spaces per service bay are required from a parking perspective per code. A parking analysis on the property can be seen below: Business Name Use Square Stalls Required Footage (ft.) Shockwaves Warehouse 13,150 9 (1 per 1,500 SF) Promotional Apparel Auto Perfect Auto Collision maintenance 6,841 12 (2 employees, 2 service bays) & service Charlie's Ace Auto Auto maintenance 41280 6 (1 employee, 1 service bay) Service & service Auto Powernet Motors maintenance 8,075 12 (2 employees, 2 service bays) (existing space) & service Auto Powernet Motors maintenance 8,075 12 (2 employees, 2 service bays) (proposed space) & service ........... Total amount of parking stalls Total SF: existing: 95 40,?421 Total amount ofparking stalls required: 51 rp� CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Per the Petitioner, the proposed use will not pose any danger to the public health, safety, morals, comfort, or general welfare. The Petitioner states the property has adequate public utilities, access roads, and drainage. The Petitioner further states the use is not contrary to the objectives of the current Comprehensive Plan for the Village. Finally, the Petitioner states the conditional use shall conform to the applicable regulations of the zoning district it is located in, and may be modified pursuant to the recommendations of the Planning & Zoning Commission. Staff has reviewed the Petitioner's request and is supportive. The proposal expands an already existing automotive maintenance and service center use on the south side of the Village while filling a vacant industrial space. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on adjacent properties. Specific departmental comments can be seen below. Note that these issues can be addressed as part of the building permit process, however these requirements are included as part of the staff report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation. Building: A code analysis indicating uses, specifications/listing on spray booth, exhaust locations, hood types, materials storage, location of material storage, amount of storage and SDS sheets will be required. Fire: • Afire sprinkler system in accordance with NFPA 13 will be required for this project for new all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and equipment cut sheets are submitted for review. A fire alarm system will be required for this project. Ensure fire alarm shop drawings with point to point wiring diagrams, battery load calculations, and equipment cut sheets are submitted for review. A report indicating the onsite storage of hazardous materials must be provided to the fire department. This must include SDS sheets and amounts stored onsite. An egress plan must be provided for all new buildings. This plan must include occupant loads, travel distances, egress widths and common path of travel distances. An egress plan will be required when the building plans are submitted for review. Additional exits may be required. o All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or draw bolts, etc. will be allowed. Life Safety Code, 7.2.1.5.1. K 0 Staff finds that the standards for a conditional use have been met. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "A conditional use permit to operate an automotive maintenance & service center use at the Subject Property, also known as 1431 E. Algonquin Road, Case No. PZ -15-20, subject to the following condition: 1. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, and building regulations." The Village Board's decision is final for this case., ATTACHMENTS; ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) -10000 lconcur: - ----- ------- ------------Eolo William ieney, AIC Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) H:\PLAN\Planning & Zoning COM M\P&Z 2020\5ta ff Reports\PZ-15-20 1431 E, Algonquin Road (CU- Au tornotive Maintenance & Service Center) docx OTHER (Supplemental Information, Public Comments Received, etc,,,.,) 4 Village of Mount Prospect Is t Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 O—Voning Request Application — I ------ ...... ....... . .. . . . ............ INN .......... .......... Address(esY Zoning District (s): mmmmmmmmm�mProperty Area (Sq.Ft. and/or Acreage). Parcel Index Number(s) (PIN(s)-. Al"Allill!1h t J), .............. Conditional Use: For C, A DIP . . . ............ ... wwww .... . ❑ Variation(s): To El Zoning Map Amendment: Rezone From To n Zoning Text Amendment: Section(s) El Other: . ........... an sent to,,.th.6',`A0 ""1" '4' Name: t "Ot�c it -11 C'�e cv,71,4 Corporation: . .......... . ........... . ... . ..... . .................. Address: Z - --------------- ......... . . . . . . . . ......... . . . ... ... ... .... . . w.r. ........................... . . ..... ........... . . . . . . . . . . ................ .......... . ........... ......... ...... . . . . .............. .. . ......... . .. ......... .. �__rvrr City, State ZIP Code: r4 -k /Z— C-) P h o n e,,,, ,__ ....r rY�. . . . . ......... . .. n��� . ........ -1111111.1-1-l" .... . ...... .......... �)",) .. ........ .......... . .......... r�w��r .�. '000 Ole Emaik . . .... . ..... . . . . . ....................... . .......... PC) (' -�j -,,/",07-0 - - --. .......... .......... -" if-. Interest in Property: Zc— 'S -5 . ............... .................... . .................. e.g. owner, buyer developer, lessee, architect, etc—) . .......... . . . ..... . .. . .............. . ...... . ....... . . ..... .... . ... ..... .... . . ... . . . . ............. . . .................... . . . ......... . ..................... . . . .. rr,. ......... . . . . .. . .. .. .............. .... . . ........................... .......... . .. . . . . . . .. .. .. .. ... . ............... 11 . . . .. . . . . . I .... . . ........... - - ----- Namc A-ArrIV . . . . . . . ........ Address,-, ........... ... . . .... . ....... . .......... city, state, ZIP AV Plione: . .... .. C q, Cs "IN .. . ..... .. Y cormideration o,tthe inforai,atio,"'fiior IS, W011 as all suppoilling docurnarltotri, i rV �� n,taifned, in thi's Pet reoested that approval be given to thlorequest. 4pplical,nt is ttil or ailthorizod representiativo ofthe low ' nor of the pfroperty., The po,jit,iotifer and fllv (,a)Wfnor of the pfroj,",)arly grant otilgiptoyeas of, the V11 , jage of M''"ourd and their agent'S Perf"T"IJISSIO'n to enter 01"10,10, Propatty (JUrij,"),g,rauasonable hours, fofrvltula� iii(speliction of -subject proj , oiarty. I hereby affirm that all Information provided harein and in all materials. submitted in association with this zipplication are trite ll accurate tottite best of rny knowledge lump M OR4- Applicant: Date, � �,.,, "� �r� iia' � �' Y 1W e�l�a,„�, Vld �i�� i, I -e /ch> 6- Mmmmm rt nor (Print or Typ,e, If applicant is not property owner, I hereby designate the -applicant to act as my k�r the [Airpose. of' Seeking tho Zoning request(s) describle(I in this application and theasso(;Jale', apporng Property Owner, .1 W . . ,,,,r ,Ii .... . . . ...... I .00 (Pryn't or Type Nailirltio) 9 M I un .4&1 UD &M, " =19, qM Lorndeoath, state that I am (print name) L.\,,kiibe sole owner of the Property an owner of the property l authorized officer for the owner of the property zl� C T' ...... . . .... commonly describe- . ... . (properly address and PIN) "D . . ..... . .. . .... . . . ....... r q ! ppl il 11 nii I M= Stjt-)scedbed and -sworro to before ty-te this day of o Notary Public Q."rv�r ...Y ...... . .......... . I I I I I I I ....... me rp es,�of,, P"I'll .13) ,if N Off's IV A "iF I" ILL 0, 1,,�3i "ri im 2019 Second Installment Property Tax Bill - Cook County Electronic Bill By 08103/20 20 $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-23-202-041-0000 050 16081 2019 (2020) ELK GROVE 5-93 PAYMENT 08/04/2020 - 09/01/2020 09/02/2020-10/01/2020 10/02/2020-11/01/2020 SCHEDULE $0.00 $0.00 $0.00 ............ . . .... .... . . .... . . ..... Taxing Districts 2019 Tax 2019 Rate 2019% Pension 2018 Tax MISCELLANEOUS TAXES Northwest Mosq Abatement Dist Wheeling 106,20 0.010 0.12% 96.81 Metro Water Reclamation Dist of Chicago 4,131.00 0.389 4,49% 456.64 3,485.13 Mt Prospect Park District 5,808.89 0.547 6.31% 743.36 5,570.93 Miscellaneous Taxes Total 10,046.09 0.946 10.92% 91152.87 SCHOOL TAXES Harper College Comm College 512 Palatine 4,279.68 0.403 4,65% 3,89877 Township HS District 214 (Arlington Hts) 25,019.66 2.356 27.19% 902.66 23,489.44 Community Consolid. SD 59 Arlington Hts 29,214.38 2,.751 31.74% 881.42 27.925.07 School Taxes Total 58,513.72 5.510 63.58% 559313.28 MUNICIPALITY/TOWNSHIP TAXES Mount Prospect Library Fund 6,361.11 0.599 6,91% 6,125-38 Village of Mount Prospect 10,492.12 0.988 11.40% 3,918.61 10,059.36 Road & Bridge Elk Grove 148.67 0.014 0.16% 140.81 General Assistance Elk Grove 116.82 0.011 0.13% 114.41 Town of Elk Grove 584.08 0,055 0,63% 580.86 MunicipalitylTownship Taxes Total 17,702.80 1.667 19.23% 17o020.82 COOK COUNTY TAXES Cook County Forest Preserve District 626.55 0.059 0.68% 21,23 528-05 Consolidated Elections 318.59 0.030 0.35% 0.00 County of Cook 2,920.37 0.275 3.17% 1,072.57 2,807.48 Cook County Public Safety 1,42102 0,134 1 �55% 1,082x50 Cook County Health Facilities 477.88 0.045 0.52% 413.64 Cook County Taxes Total 5,766.41 0.543 6.27% 4,831.67 (Do not pay these totals) 92,029.02 8.666 100.00% 86,318.64 2018,Assessed'VaJua 302,341 2019 Total Tax Before Exemptions 920029.02 Homeowner's Exemption .00 Senior Citizen Exemption .00 2019 Assoss-od Valuo 364,182 Senior Freeze Exemption .00 2019 State Equalizer X 2.9160 ...... ........... --- . ............................... .......... . .......................... .. .. .............. . . ........ ............................ 2019 Equalized Assessed Value (EAV) 1,061,955 2019 Local Tax Rate X 8.666% 2019 Total Tax Before Exemptions 92,029.02 2019 Total Tax After Exemptions 92,029.02 First Installment 47,475.25 Second Installment + 44,553-77 Total 2019 Tax (Payable in 2020) 92,029.02 JRA HOLDINGS LLC 1425 E ALGONQUIN RD 180 S WESTERN AVE#235 MOUNT PROSPECT IL 60056 0000 CARPENTERSVI IL 601101736 *** Please see 2019 Second Installment Payment Coupon next page *** 11 2019 Second Installment Property Tax Bill Cook County Payment Coupon Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILLS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. CUT & INCLUDE WITH PAYMENT TXT TOTAL PAYMENT DUE IMPORTANT PAYMENT MESSAGES Property Index Number (PIN) Volume . . . ......... ................................ . . . . . . . . . . . . ............... 08-23-202-04 1-0000 050 By 08/0312020 $0.00 Cl'ck to 12ay online Cook County eB111 Amount Paid I IH If paying later, refer to amounts above. SN 0020190200 RTN 500001075 AN (see PIN) TC 008911 Internal use only This is an Official Downloadable Tax Bill Payment Coupon. COOK COUNTY TREASURER Please process this coupon along with payment presented, PO BOX 805438 CHICAGO IL 60680-4116 08232020410000/0/19/F/0000000000/2 12 Responses to the Standards: 1. Property is well maintained and in good operational condition, and is not posing any danger to public health, safety, morals, comfort, or general welfare. 2. Property condition is not and will not post any injurious to the uses and enjoyment of other property in the immediate future to any neighboring properties. 3. Property will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. Property adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided. 5. Property will do adequate measures to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 6. Property conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. 7. Property conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. 13 COMMERCIAL LEASE THIS LEASE is made this 101h day of February, 2020 by and between JRA Holdings, LLC, an Illinois limited liability company ("Landlord"), having an address at P.O. Box 305, Gilberts, IL 60136 and, Wojeck Soloman, individually, d/b/a Powernet Motors, having an address at 1431 E. Algonquin Rd., Arlington Heights, IL 60005 ("Tenant"), for space in the building known as or located at 1425-35 E. Algonquin Rd., Arlington Heights, IL ("Building"). The following schedule (the "Schedule") sets forth certain basic terms of this Lease: 1. Premises: 1431 E. Algonquin Rd., Arlington Heights, IL 60005, containing approximately 8,075 square feet. 2. Base Rent Period AnnualRentMonthly Installments— ...................................................... . of Annual Rent Year $34,800-00 $20900.00 Year $36.,000.00 $3,.000.00 3. Term: Two (2)ears 5. Broker: n/a 7. Expiration Date: February 28, 2022 A *a 0 11 DEMISE AND TERM. Landlord leases to Tenant and Tenant leases from Landlord the premises (the "Premises") described in Item 1 of the Schedule, subject to the covenants and conditions set forth in this Lease, for a term (the "Term") commencing on the date (the "Commencement Date") the date described in Item 6 of the Schedule, and expiring on the date (the "Expiration Date") described in Item 7 of the Schedule, unless terminated earlier as otherwise provided in this Lease or extended as provided herein. 14 2. RENT. Tenant agrees to pay the following amounts to Landlord at the office of the Building or at such other place as Landlord designates: A. Base Rent. Base rent ("Base Rent") to be paid in monthly installments in the amount set forth in Item 2 of the Schedule in advance on or before the first day of each month of the Term, except that Tenant shall pay the Base Rent for the first month for which Base Rent is due upon execution of this Lease. For all purposes with respect to this Lease and the remedies available to Landlord under the terms hereof and under the laws of the State of Illinois, the term "Rent" shall include, without limitation, (a) Base Rent, and (b) all other charges and reimbursable costs due Landlord from Tenant under the Lease. B. payment of Rent. The following provisions shall govern the payment of Rent: (i) if this Lease commences or ends on a day other than the first day or last day of a calendar month, respectively, the Rent for the month in which this Lease so begins o►r ends shall be prorated and the monthly installments shall be adjusted accordingly; (ii) all Rent shall be paid to Landlord without offset or deduction, and the covenant to pay Rent shall be independent of every other covenant in this Lease; (iii) any sum due from Tenant to Landlord which is not paid when due shall bear interest from the date due until the date paid at the annual rate of twelve percent (12%) per annum, but in no event higher than the maximum rate permitted by law (the "Default Rate"); and, in addition, Tenant shall pay Landlord a late charge for any Rent payment which is paid more than five days after its due date equal to five percent (5°/) of such payment; and (iv) each amount owed to Landlord under this Lease for which the date of payment is not expressly fixed shall be due on the same date as the Rent listed on the statement showing such amount is due. 3. USE. Tenant agrees that it shall use and occupy the Premises only Auto / Body Repair purposes and for no other use or purpose. Tenant shall comply with all federal., state and municipal laws, ordinances and regulations and all covenants, conditions and restrictions of record applicable to Tenant's use or occupancy of the Premises. Without limiting the foregoing, Tenant shall not cause, nor permit, any hazardous or toxic substances to be brought upon, stored, used, discharged or disposed of in, on or about the Premises or Building without the prior written consent of Landlord and then only in compliance with all applicable laws. 4. CONDITION OF PREMISES. Tenant acknowledges and agrees that it is leasing the Premises in "as is, where is" condition. Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were in good order and satisfactory condition when Tenant took possession. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises or the Building (or to provide Tenant with any credit or allowance for the same), and no representation regarding the condition of the Premises or the Building, have been made by or on behalf of Landlord or relied upon by Tenant. I 15 S. BUILDING SERVICES/EXPENSES. A. Landlord Landlord shall be responsible for the payment of the real estate taxes. Landlord shall be responsible for providing the following: (a) trash removal for the building common areas only; (b) any vendor services to the building common areas; (c) landscaping; (d) all labor costs and supply costs involved in the operation of the building; (e) all other services of any kind and nature which may be used in or upon the Premises (except as provided for elsewhere in this Lease); (f) management fees paid for the management of the Premises; (g) and the repair, maintenance, and replacement of the building and improvements as follows: (i) the roof; (ii) all exterior components of the building and improvements both structural or otherwise; (iii) parking lot; (iv) sidewalks, alleys and any and all access drives, including the removal of snow and ice there from (v) heating and air conditioning equipment, lines, and fixtures; (vi) plumbing equipment, lines, and fixtures, including but not limited to fire sprinkler and fire control systems; (vii) electrical equipment, lines, and fixtures; (viii) all utility lines and services; (ix) and any and all other repairs, maintenance and replacements to the building and improvements (other than the Premises) during the term of this Lease. B. Ut*I,I'qy Services, Tenant shall arrange for electricity, gas, telephone, internet service and refuse removal directly with one or more of the companies servicing the Building, if any, and shall be solely responsible for paying for such service. If Landlord acquires ownership of the cables in the Building at any time, Landlord shall permit Tenant to connect to such cables on such terms and conditions as Landlord may prescribe. Tenant shall have access to Building mechanical closets as necessary to establish such services. In no event does Landlord make any representation or warranty with respect to electric, gas, telephone or internet service in the Building, and Landlord shall have no liability with respect thereto. In the event Tenant fails to put such services in Tenant's name and they remain in Landlord's name or the utility companies mistakenly bill such services to the Landlord, Landlord will be entitled to reimbursement of such costs. C. Failure or Dela in FurpjLhin or Service s. Tenant agrees that Landlord shall not be liable for damages for failure or delay in furnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 25J below, nor shall any such failure or delay be considered to be an eviction or disturbance of Tenant's use of the Premises, or relieve Tenant from its obligation to pay any Rent when due, or from any other obligations of Tenant under this Lease. 6. RULES AND REGULATIONS. Tenant shall observe and comply and shall cause its subtenants, assignees,. invitees, employees, contractors and agents to observe and comply, with the rules and regulations listed on Exhibit A attached hereto and with such reasonable modifications and additions thereto as Landlord may make from time to time. (collectively the "Building Rules"). Landlord shall not be liable for failure of any person to obey such Building Rules. Landlord shall not be obligated 3. im to enforce such Building Rules against any person, and the failure of Landlord to enforce any such Building Rules shall not constitute a waiver thereof or relieve Tenant from compliance therewith. 7. CERTAIN RIGHTS RESERVED TO LANDLORD. Landlord reserves the following rights, each of which Landlord may exercise without notice to Tenant and without liability to Tenant, and the exercise of any such rights shall not be deemed to constitute an eviction or disturbance of Tenant's use or possession of the Premises and shall not give rise to any claim for set-off or abatement of rent or any other claim: (a) to change the name or street address of the Building or the suite number of the Premises; (b) to install, affix and maintain any and all signs on the exterior or interior of the Building; (c) to make repairs, decorations, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, and for such purposes to enter upon the Premises, temporarily close doors, corridors and other areas in the Building and interrupt or temporarily suspend services or use of common areas, and Tenant agrees to pay Landlord for overtime and similar expenses incurred if such work is done other than during ordinary business hours at Tenant's request; (d) to retain at all times, and to use in appropriate instances, keys to all doors within and into the Premises; (e) to grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building; (f) to show or 'Inspect the Premises at reasonable times and, if vacated or abandoned, to prepare the Premises for reoccupancy; (g) to install, use and maintain in and through the Premises, pipes, conduits, wires and ducts serving the Building, provided that such installation, use and maintenance does not unreasonably interfere with Tenant's use of the Premises; and (h) to take any other action which Landlord deems reasonable in connection with the operation, maintenance or preservation of the Building. 8. MAINTENANCE AND REPAIRS. Notwithstanding anything to the contrary contained herein, the Tenant will keep, maintain and preserve the Premises in a first class condition. The Tenant at its sole cost and expense will provide janitorial and window washing for the interior of the Premises. When and if needed, at the Tenant's sole cost and expense, the Tenant will make all interior repairs and replacements including but not limited to interior walls, doors and windows, floors, floor coverings, light bulbs, HVAC preventative maintenance and filters, plumbing fixtures, and electrical fixtures. The Tenant will also repair and replace at its sole cost and expense any broken windows, overhead garage doors and/or damage to the building or Premises caused by the negligence of the Tenant or its employees, agents, guests or invitees during the Lease Term hereof. The above repairs, replacements, and/or services must be performed by an approved contractor of the Landlord. Should Tenant fall to perform all interior repairs and replacements to Tenant's Premises such repairs may be performed by the Landlord and charged to the Tenant at the Tenant's sole cost and expense. Tenant will comply with all ordinances of the City of Arlington Heights, Illinois, rules and regulations of the Board o►f Health and the laws of the State of Illinois. The tenant is also responsible for compliance with all laws, rules and regulations of any governmental authority required of either the Landlord or the Tenant relative to the repair, maintenance and replacement in the Premises. 9. ALTERATIONS. 11 17 B.. Liens. Upon completion of any alteration, Tenant shall promptly furnish Landlord wit sworn owner's and contractors statements and full and final waivers of lien covering a labor and materials included in such Inal Construction or alteration. Tenant shall no permit any mechanic's lien to be filed against the Building, or any part thereof, arising ou of any alteration performed, or alleged to have been performed, by or on behalf of Tenan If any such lien is filed, Tenant shall within ten days thereafter have such lien released o record or deliver to Landlord a bond in form, amount, and issued by a surety satisfactor to Landlord, indemnifying Landlord against all costs and liabilities resulting from such lie and the foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien s released or to deliver such bond to Landlord, Landlord, without R im investigating the validity of such lien, may pay or discharge the same; and Tenant shall reimburse Landlord upon demand for the amount so paid by Landlord, including Landlord's expenses and attorneys" fees. 10, INSURANCE. Tenant, at its expense, shall maintain at all times during the Term the following insurance policies: (a) fire insurance, including extended coverage, vandalism, malicious mischief, sprinkler leakage and water damage coverage and demolition and debris removal, insuring the full replacement cost of all improvements, alterations or additions to the Premises made at Tenant's expense, and all other property owned or used by Tenant and located in the Premises; (b) commercial general liability insurance, contractual liability insurance and property damage insurance with respect to the Building and the Premises, with limits to be set by Landlord from time to time but in any event not less than $1,000,000 combined single limit for personal injury, sickness or death or for damage to or destruction of property for any one occurrence; and (c) insurance against such other risks and in such other amounts as Landlord may from time to time require. The form of all such policies and deductibles thereunder shall be subject to Landlord's prior approval. All such policies shall be issued by insurers acceptable to Landlord and licensed to do business in the State of Illinois and shall contain a waiver of any rights of subrogation thereunder. In addition, the policies shall name Landlord and any other parties designated by Landlord as additional insureds, shall require at least thirty (30) days' prior written notice to Landlord of termination or modification and shall be primary and not contributory. Tenant shall at least ten (10) days prior to the Commencement Date, and within ten (10) days prior to the expiration of each suchpolicy, deliver to Landlord certificates evidencing the foregoing insurance or renewal thereof, as the case may be. 11. WAIVER AND INDEMNITY, A. Waiver. Tenant releases Landlord, its property manager and their respective agents and employees from, and waives all claims for, damage or injury to person or property and loss of business sustained by Tenant and resulting from the Building or the Premises or any part thereof or any equipment therein becoming in disrepair, or resulting from any accident in or about the Building. This paragraph shall apply particularly, but not exclusively, to flooding, damage caused by Building equipment and apparatus, water, snow, frost, steam, excessive heat or cold, broken glass, sewage, gas, odors, excessive noise or vibration or the bursting or leaking of pipes, plumbing fixtures or sprinkler devices. Without limiting the generality of the foregoing, Tenant waives all claims and rights of recovery against Landlord, its Manager and their respective agents and employees for any loss or damage to any property of Tenant, which loss or damage is insured against, or required to be insured against, by Tenant pursuant to Section 10 above, whether or not such loss or damage is due to the fault or negligence of Landlord, its property manager or their respective agents or employees, and regardless of the amount of insurance proceeds collected or collectible under any insurance policies in effect. z im B. Indemnit Tenant agrees to indemnify, defend and hold harmless Landlord, its Manager and their respective agents and employees, from and against any and all claims, demands, actions, liabilities, damages, costs and expenses (including attorneys' fees), for injuries to any persons and damage to or theft or misappropriation or loss of property occurring in or about the Building and arising from the use and occupancy of the Premises or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises (including, without limitation, any Initial Construction or alteration by Tenant) or from any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of Tenant to be performed under this Lease or due to any other act or omission of Tenant, its subtenants, assignees, invitees, employees, contractors and agents. Without limiting the foregoing, Tenant shall indemnify, defend and hold Landlord harmless from any claims, liabilities, damages, costs and expenses arising out of the use or storage of hazardous or toxic materials in the Building by Tenant, If any such proceeding is filed against Landlord or any such indemnified party, Tenant agrees to defend Landlord or such party in such proceeding at Tenant's sole cost by legal counsel reasonably satisfactory to Landlord, if requested by Landlord. 12, FIRE AND CASUALTY. If all or a substantial part of the Premises or the Building is rendered untenantable by reason of fire or other casualty, Landlord may, at its option, either restore the Premises and the Building, or terminate this Lease effective as of the date of such fire or other casualty. Landlord agrees to give Tenant written notice within sixty (60) days after the occurrence of any such fire or other casualty designating whether Landlord elects to so restore or terminate this Lease. If Landlord elects to terminate this Lease, Rent shall be paid through and apportioned as of the date of such fire or other casualty. If Landlord elects to restore, Landlord's obligation to restore the Premises shall be limited to restoring those improvements in the Premises existing as of the date of such fire or other casualty which were made at Landlord's expense and shall exclude any furniture, equipment, fixtures, additions, alterations or improvements in or to the Premises which were made at Tenant's expense. If Landlord elects to restore, Rent shall abate for that part of the Premises which is untenantable on a per them basis from the date of such fire or other casualty until Landlord has substantially completed its repair and restoration work, provided that Tenant does not occupy such part of the Premises during said period. 13. CONDEMNATION. If the Premises or the Building is rendered untenantable by reason of a condemnation (or by a deed given in lieu thereof), then either party may terminate this Lease by giving written notice of termination to the other party within thirty (30) days after such condemnation, in which event this Lease shall terminate effective as of the date of such condemnation. If this Lease so terminates, Rent shall be paid through and apportioned as of the date of such condemnation. If such condemnation does not render the Premises or the Building untenantable, this Lease shall continue in effect and Landlord shall promptly restore the portion not condemned to the extent reasonably possible to the condition existing prior to the condemnation. In such event, however, Landlord shall not be required to expend an amount in excess of the proceeds received by Landlord from the N W condemning authority. Landlord reserves all rights to compensation for any condemnation. Tenant hereby assigns to Landlord any right Tenant may have to such compensation, and Tenant shall make no claim against Landlord or the condemning authority for compensation for termination of Tenant's leasehold interest under this Lease or interference with Tenant's business. 14. ASSIGNMENT AND SUBLETTING. I I o,r,d's, Consent Tenant shall not, without the prior written consent of Landlord: (i) A. Landl assign, convey, mortgage or otherwise transfer this Lease or any interest hereunder, or sublease the Premises, or any part thereof, whether voluntarily or by operation of law; or (ii) permit the use of the Premises by any person other than Tenant and its employees. Any such transfer, sublease or use described in the preceding sentence (a "Transfer") occurring without the prior written consent of Landlord shall be void and of no effect. Landlord's consent to any Transfer shall not constitute a waiver of Landlord's right to withhold its consent to any future Transfer. Landlord's consent to any Transfer or acceptance of rent from any party other than Tenant shall not release Tenant from any covenant or obligation under this Lease. Landlord may require as a condition to its consent to any assignment of this Lease that the assignee execute an instrument in which such assignee assumes the obligations of Tenant hereunder. B. Standards for Consent. If Tenant desires the consent of Landlord to a Transfer, Tenant shall submit to Landlord, at least sixty (60) days prior to the proposed effective date of the Transfer, a written notice which includes such information as Landlord may require about the proposed Transfer and the transferee. If Landlord does not terminate this Lease, in whole or in part, pursuant to Section 14C, Landlord shall not unreasonably withhold its consent to any assignment or sublease. Landlord shall not be deemed to have unreasonably withheld its consent if, in the judgment of Landlord-, (i) the transferee is of a character or engaged in a business which is not in keeping with the standards or criteria used by Landlord in leasing the Building; (ii) the financial condition of the transferee is such that it may not be able to perform its obligations in connection with this Lease; the purpose for which the transferee intends to use the Premises or portion thereof is in violation of the terms of this Lease or the lease of any other tenant in the Building; (iv) the transferee is a tenant of the Building; or (v) any other bases which Landlord reasonably deems appropriate. If Landlord wrongfully withholds its consent to any Transfer, Tenant's sole and exclusive remedy therefor, shall be to seek specific performance of Landlord's obligation to consent to such Transfer. C. Rec421gg. Landlord shall have the right to terminate this Lease as to that portion of the Premises covered by a Transfer. Landlord may exercise such right to terminate by giving notice to Tenant at any time within thirty (30) days after the date on which Tenant has furnished to Landlord all of the items required under Section 14B above. If Landlord exercises such right to terminate, Landlord shall be entitled to recover possession of, and Tenant shall surrender such portion of, the Premises (with appropriate demising 9 21 partitions erected at the expense of Tenant) on the later of (i) the effective date of the proposed Transfer, or (ii) sixty (60) days after the date of Landlord's notice of termination. In the event Landlord exercises such right to terminate, Landlord shall have the right to enter into a lease with the proposed transferee without incurring any liability to Tenant on account thereof. If Landlord consents to any Transfer, Tenant shall pay to Landlord, as additional rent, all rent and other consideration received by Tenant in excess of the Rent paid by Tenant hereunder for the portion of the Premises so transferred. Such rent shall be paid as and when received by Tenant. In addition, Tenant shall pay to Landlord any attorneys' fees and expenses incurred by Landlord in connection with any proposed Transfer, whether or not Landlord consents to such Transfer. 15. SURRENDER. Upon termination of the Term or Tenants right to possession of the Premises, Tenant shall return the Premises to Landlord in good order and condition, ordinary wear and damage by fire or other casualty excepted. If Landlord requires Tenant to remove any alterations pursuant to Section 9, then such removal shall be done in a good and workmanlike manner, and upon such removal Tenant shall restore the Premises to its condition prior to the installation of such alterations. If Tenant does not remove such alterations after request to do so by Landlord, Landlord may remove the same and restore the Premises; and Tenant shall pay the cost of such removal and restoration to Landlord upon demand. Tenant shall also remove its furniture, equipment, trade fixtures and all other items of personal property from the Premises prior to the termination of the Term or Tenant's right to possession of the Premises. If Tenant does not remove such items, Tenant shall be conclusively presumed to have conveyed the same to Landlord without further payment or credit by Landlord to Tenant; or at Landlord's sole option such items shall be deemed abandoned, in which event Landlord may cause such items to be removed and disposed of at Tenant's expense, without notice to Tenant and without obligation to compensate Tenant. 16. DEFAULTS AND REMEDIES. X Dafa;ult. The occurrence of any of the following shall constitute a default (a "Default") by Tenant under this Lease: (i) Tenant fails to pay any Rent when due and such failure is not cured within five (5) days after notice from Landlord; (ii)Tenantfailsto perform any other provision of this Lease and such failure is not cured within thirty (30) days (or immediately if (1) the failure involves a hazardous condition or (2) Tenant fails to timely execute and deliver any instrument, certificate or agreement required under Section 20 or Section 21 of this Lease) after notice from Landlord; (iii) the leasehold interest of Tenant is levied upon or attached under process of law; (iv) Tenant dissolves; (v) Tenant abandons or vacates the Premises; or (vi) any voluntary or involuntary proceedings are filed by or against Tenant under any bankruptcy, insolvency or similar laws and, in the case of any involuntary proceedings, are not dismissed within thirty (30) days after filing. 9 22 B. R1 Yht, of'Re-E-ntry. Upon the occurrence of a Default, Landlord may elect to terminate this Lease, or, without terminating this Lease,, terminate Tenant's right to possession of the Premises. Upon any such termination, Tenant shall immediately surrender and vacate the Premises and deliver possession thereof to Landlord. Tenant grants to Landlord the right to enter and repossess the Premises and to expel Tenant and any others who may be occupying the Premises and to remove any and all property therefrom, without being deemed in any manner guilty of trespass and without relinquishing Landlord's rights to Rent or any other right given to Landlord hereunder or by operation of law. C.Re'le If Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Landlord may relet the Premises or any part thereof. In such case, Landlord shall use reasonable efforts to relet the Premises on such terms as Landlord shall reasonably deem appropriate; provided, however, Landlord may first lease Landlord's other available space and shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant about such reletting. Tenant shall reimburse Landlord for the costs and expenses of reletting the Premises including, but not limited to., all brokerage, advertising, legal, alteration and other expenses incurred to secure a new tenant for the Premises. In addition, if the consideration collected by Landlord upon any such reletting, after payment of the expenses of reletting the Premises which have not been reimbursed by Tenant, is insufficient to pay monthly the full amount of the Rent, Tenant shall pay to Landlord the amount of each monthly deficiency as it becomes due. If such consideration is greater than the amount necessary to pay the full amount of the Rent, the full amount of such excess shall be retained by Landlord and shall in no event be payable to Tenant. D. Termination of Lease. If Landlord terminates this Lease, Landlord may recover from Tenant and Tenant shall pay to Landlord, on demand, as and for liquidated and final damages, an accelerated lump sum amount equal to the amount by which Landlord's estimate of the aggregate amount of Rent owing from the date of such termination through the Expiration Date plus Landlord's estimate of the aggregate expenses of reletting the Premises, exceeds Landlord's estimate of the fair rental value of the Premises for the same period (after deducting from such fair rental value the time needed to relet the Premises and the amount of concessions which would normally be given to a new tenant), both discounted to present value at the rate of five percent (5%) per annum. E. Confession of If default is made in the payment of Rent, or any installment thereof, or any other amounts as herein provided, Tenant hereby irrevocably constitutes any attorney of any court of record in Illinois, attorney for Tenant and in Tenant's name, from time to time, to enter the appearance of Tenant, to waive the issuance of process and service thereof, to waive trial by jury, and to confess judgment in favor of Landlord against Tenant for the amount of Rent or any other amounts which 10 23 may be then due hereunder, together with costs of suit and a reasonable sum for plaintiff's attorney's fees, and to waive and release all errors and right of appeal from any such judgment, and to consent to an immediate execution thereon. F. Other Remeclies. Landlord may but shall not be obligated to perform any obligation of ......... . ' Tenant under this Lease; and, if Landlord so elects, all costs and expenses paid by Landlord in performing such obligation, together with interest at the Default Rate, shall be reimbursed by Tenant to Landlord on demand. Any and all remedies set forth in this Lease: (1) shall be in addition to any and all other remedies Landlord may have at law or in equity, (ii) shall be cumulative, and (iii) may be pursued successively or concurrently as Landlord may elect. The exercise of any remedy by Landlord shall not be deemed an election of remedies or preclude Landlord from exercising any other remedies in the future. G. Bankrupt av, If Tenant becomes bankrupt, the bankruptcy trustee shall not have the right to assume or assign this Lease unless the trustee complies with all requirements of the United States Bankruptcy Code- and Landlord expressly reserves all of its rights, claims, and remedies thereunder. H. Walver of Tril I a,,I ,,b,tL Landlord and Tenant waive trial by jury in the event of any action, proceeding or counterclaim brought by either Landlord or Tenant against the other in connection with this Lease. 17. HOLDING OVER. If Tenant retains possession of the Premises after the expiration or termination of the Term or Tenant's right to possession of the Premises, Tenant shall pay Rent during such holding over at one hundred fifty percent (150%) of the rate in effect immediately preceding such holding over computed on a monthly basis for each month or partial month that Tenant remains in possession. Tenant shall also pay, indemnify and defend Landlord from and against all claims and damages, consequential as well as direct, sustained by reason of Tenant's holding over. In addition, at any time while Tenant remains in possession, Landlord may elect instead, by written notice to Tenant and not otherwise, to have such retention of possession constitute a renewal of this Lease for one year for the fair market rental value of the Premises as reasonably determined by Landlord but in no event less than the Rent payable immediately prior to such holding over. The provisions of this Section do not waive Landlord's right of re-entry or right to regain possession by actions at law or in equity or any other rights hereunder, and any receipt of payment by Landlord shall not be deemed a consent by Landlord to Tenant's remaining in possession or be construed as creating or renewing any lease or right of tenancy bet�ve-&t Laidlord and Tenaltit. 18. SECURITY DEPOSIT. Upon execution of this Lease, Tenant shall deposit the security deposit set forth in Item 4 of the Schedule (the "Security Deposit") with Landlord as security for the performance of Tenant's obligations under this Lease. Upon the occurrence of a Default, Landlord may use all or any part of the Security Deposit for the payment of any Rent or for the payment of any amount which Landlord may pay or become obligated to pay by reason of such Default, or to 24 compensate Landlord for any loss or damage which Landlord may suffer by reason of such Default. If any portion of the Security Deposit is used, Tenant shall within five (5) days after written demand therefor deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to 'Interest on the Security Deposit. In no event shall the Security Deposit be considered an advanced payment of Rent, and in no event shall Tenant be entitled to use the Security Deposit for the payment of Rent. If no default by Tenant exists hereunder, the Security Deposit or any balance thereof shall be returned to Tenant within thirty (30) days after the expiration of the Term and vacation of the Premises by Tenant. Landlord shall have the right to transfer the Security Deposit to any purchaser of the Building. Upon such transfer, Tenant shall look solely to such purchaser for return of the Security Deposit; and Landlord shall be relieved of any liability with respect to the Security Deposit. 19. PATRIOT ACT, A. Tenant is in compliance with the requirements of Executive Order No. 133224, 66 Fed. Reg. 49079 (Sept. 25, 2001) (the "Order") and other similar requirements contained in the rules and regulations of the Office of Foreign Assets Control, Department of the Treasury ("OFA►C") and in any enabling legislation or other Executive Orders or regulations in respect thereof (the Order and such other rules, regulations, legislation, or orders are collectively called the "Orders"). Further, Tenant covenants and agrees to make its policies, procedures and practices regarding compliance with the Orders, if any, available to Landlord for its review and inspection during normal business hours and upon reasonable prior notice. B. Neither Tenant nor any beneficial owner of Tenant: M is listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC pursuant to the Order and/or on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Orders (such lists are collectively referred to as the "Lists"); (ii) is a person or entity who has been determined by competent authority to be subject to the prohibitions contained in the Orders; or (iii) is owned or controlled by, or acts for or on behalf of, any person or entity on the Lists or any other person or entity who has been determined by competent authority to be subject to the prohibitions contained in the Orders. C. Tenant hereby covenants and agrees that if Tenant obtains knowledge that Tenant or any of its beneficial owners becomes listed on the Lists or is indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Tenant shall immediately notify Landlord in writing, and in such event, Landlord shall have the right to terminate this Lease without penalty or liability to Tenant immediately upon delivery of written notice thereof to Tenant. 12 25 20. ESTOPPEL CERTIFICATES. Tenant agrees that, from time to time upon not less than ten (10) days' prior request by Landlord, Tenant shall execute and deliver to Landlord a written certificate certifying: (i) that this Lease is unmodified and in full force and effect (or if there have been modifications, a description of such modifications and that this Lease as modified is in full force and effect);(ii) the dates to which Pent has been paid; (iii) that Tenant is in possession of the Premises, if that is the case; (iv) that Landlord is not in default under this Lease, or, if Tenant believes Landlord is in default, the nature thereof in detail; (v) that Tenant has no off -sets or defenses to the performance of its obligations under this Lease (or if Tenant believes there are any cuff -sets or defenses, a full and complete explanation thereof); and (vi) such additional matters as may be requested by Landlord, it being agreed that such certificate may be relied upon by any prospective purchaser, mortgagee or other person having or acquiring an interest in the Building. If Tenant fails to execute and deliver any such certificate within ten (10) days after request, Tenant shall be deemed to have irrevocably appointed Landlord as Tenant's attorney-in-fact to execute and deliver such certificate in Tenant's name. 21. SUBORDINATION. This Lease is and shall be expressly subject and subordinate at all times to (a) any present or future ground, underlying or operating lease of the wilding, and all amendments, renewals and modifications to any such lease, and (b) the lien of any present or future mortgage or deed of trust encumbering fee title to the Building and/or the leasehold estate under any such lease. If any such mortgage or deed of trust be foreclosed, or if any such lease be terminated, upon request of the mortgagee, beneficiary or lesser, as the case may be, Tenant will attorn to the purchaser at the foreclosure sale or to the lessor under such lease, as the case may be. The foregoing provisions are declared to be self -operative and no further instruments shall be required to effect such subordination and/or attornment; provided, however, that Tenant agrees upon request by any such mortgagee, beneficiary, lessor or purchaser at foreclosure, as the case may be, to execute such subordination and/or attornment instruments as may be required by such person to confirm such subordination ,and/or ,attornment on the form customarily used by such. party. Notwithstanding the foregoing to the contrary, any such mortgagee, beneficiary or lessor may elect to give the rights and interests of Tenant under this Lease (excluding rights in and to insurance proceeds and condemnation awards) priority over the lien of its mortgage or deed of trust or the estate of its lease, as the case may be. In the event of such election and upon the mortgagee, beneficiary or lessor notifying Tenant of such election, the rights and interests of Tenant shall be deemed superior to and to have priority over the lien of said mortgage or deed of trust or the estate of such lease, as the case may be, whether this Lease is dated prior to or subsequent to the date of such mortgage, deed of trust or lease. In such event, Tenant shall execute and deliver whatever instruments may be required by such mortgagee, beneficiary or lessor to confirm such superiority on the farm customarily used by such party. If Tenant fails to execute ,any instrument required to be executed by Tenant under this Section 21 within ten (10) days after request, Tenant irrevocably appoints Landlord as its attorney-in-fact, in Tenant's name, to execute such instrument. 22. QUIET ENJOYMENT. As long as no Default exists, Tenant shall peacefully and quietly have and enjoy the Premises for the Term, free from interference by Landlord, subject, however, to the X W provisions of this Lease. The loss or reduction of Tenant's light, air or view will not be deemed a disturbance of Tenant's occupancy of the Premises nor will it affect Tenant's obligations under this Lease or create any liability of Landlord to Tenant. 23, BROKER, Tenant represents to Landlord that Tenant has dealt only with the broker set forth in Item 5 of the Schedule (the "Broker") in connection with this Lease and that, insofar as Tenant knows, no other broker negotiated this Lease or is entitled to any commission in connection herewith. Tenant agrees to indemnify, defend and hold Landlord, its property manager and their respective employees harmless from and against all claims, Al actions, liabilities, damages, costs and expenses (including, attorneys' fees) arising from either (i) a claim for a fee or commission made by any broker, other than the Broker, claiming to have acted by or on behalf of Tenant in connection with this Lease, or (ii) a claim of, or right to, lien under the Statutes of Illinois relating to real estate broker liens with respect to any such broker retained by Tenant. Landlord agrees to pay the Broker a commission in accordance with a separate agreement between Landlord and the Broker. 24. NOTICES, All notices and demands to be given by one party to the other party under this Lease shall be given in writing, mailed or delivered to Landlord or Tenant, as the case may be, at the address set forth above or at such other address as either party may hereafter designate. Notices shall be delivered by hand or by United States certified or registered mail, postage prepaid, return receipt requested, or by a nationally recognized overnight air courier service. Notices shall be considered to have been given upon the earlier to occur of actual receipt or two (2) business days after posting in the United States mail. 25. MISCELLANEOUS. A. Successors and A Subiect to Section 14 of this Lease, each provision of this Lease shall extend to, bind and inure to the benefit of Landlord and Tenant and their respective legal representatives, successors and assigns; and all references herein to Landlord and Tenant shall be deemed to include all such parties. B. Entire, Agtg!2menjj,�,,. This Lease, and the riders and exhibits, if any, attached hereto which are hereby made a part of this Lease, represent the complete agreement between Landlord and Tenant; and Landlord has made no representations or warranties except as expressly set forth in this Lease. No modification or amendment of or waiver under this Lease shall be binding upon Landlord or Tenant unless in writing signed by Landlord and Tenant. C. Time of Essence. Time is of the essence of this Lease and each and all of its provisions. . . ....... . ................ D. Execution and Deli . Submission of this instrument for examination or signature by MOO mym Tenant does not constitute a reservation of space or an option for lease, and it is not effective until execution and delivery by both Landlord and Tenant. Execution and delivery of this Lease by Tenant to Landlord shall constitute an irrevocable offer by 1E 27 Tenant to lease the Premises on the terms and conditions set forth herein, which offer may not be revoked for fifteen (15) days after such delivery. E. Severablij ily. The invalidity nvalidity or unenforceability of any provision of this Lease shall not affect or impair any other provisions. F. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Illinois. G. AttiorneivsFees. Tenant shall pay to Landlord all costs and expenses, including reasonable attorneys fees, incurred by Landlord in enforcing this Lease or incurred by Landlord as a result of any litigation to which Landlord becomes a party as a result of this Lease. H. Delan Possession. In no event shall Landlord be liable to Tenant if Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date for causes outside Landlord's reasonable control. If Landlord is unable to deliver possession of the Premises to Tenant by the Commencement Date, the Commencement Date shall be deferred until Landlord can deliver possession to Tenant, and the Expiration Date shall be deferred for an equal number of days. I. Joint and Sc,,sve r 5 ail " I La b i I i t ' y. If Tenant is comprised of more than one party, each such party shall be jointly and severally liable for Tenant's obligations under this Lease. J. Force Mai'eure. Landlord shall not be in default hereunder and Tenant shall not be excused from performing any of its obligations hereunder if Landlord is prevented from performing any of its obligations hereunder due to any accident, breakage, strike, shortage of materials, acts of God or other causes beyond Landlord's reasonable control. K. tions. The headings and titles in this Lease are for convenience only and shall have no effect upon the construction or interpretation of this Lease. No Waiver. No receipt of money by Landlord from Tenant after termination of this Lease or after the service of any notice or after the commencing of any suit or after final judgment for possession of the Premises shall renew, reinstate, continue or extend the Term or affect any such notice or suit. No waiver of any default of Tenant shall be implied from any omission by Landlord to take any action on account of such default if such default persists or be repeated, and no express waiver shall affect any default other than the default specified in the express waiver and then only for the time and to the extent therein stated. M. No Recordire fj. Tenant shall not record this Lease or a memorandum of this Lease in any official records. 15 M N. Limitation of Li'a, it v. Any liability of Landlord under this Lease shall be limited solely to its equity interest in the Building, and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written. TENANT: A , 1�- bj , P owe Iwo eck Solomon, _L,ndividual,ly,j (b, a Powern;et Motors Wojeck Solomon By: Title: President M 26, GUARANTEE. In consideration of Lessee's execution of the above Lease, the undersigned herby personally an unconditionally guarantees the performance of all above terms and conditions by Tenant under th - initial term of the Lease includi'ng, but not limited to, the payment of all rent when due. I of Dated this 02, day 2020 By:; W. Wojeck Soloman Its:, a EXHIBIT A RULES AND REGULATIONS 1. Tenant shall not make any use of the Premises which may be dangerous to person or property or which shall increase the cost of insurance or require additional insurance coverage. 2. Other than signage on the Building directory, which Tenant may install at its expense subject to Landlord's approval, which shall not be unreasonably withheld, Tenant shall not paint, display, inscribe or affix any sign, picture, advertisement, notice, lettering or direction or install any lights on any part of the outside or inside of the Building, other than the Premises, and then not on any part of the inside of the Premises which can be seen from outside the Premises, except as approved by Landlord in writing. 3. Tenant shall not use the name of the Building in advertising or other publicity, except as the address of its business, and shall not use pictures of the Building in advertising or publicity. 4. Tenant shall not obstruct or place objects on or in sidewalks, entrances, passages, courts, corridors and vestibules in and about the Building. Tenant shall not place objects against glass partitions or doors or windows or adjacent to any open common space which would be unsightly from the Building corridors or from the exterior of the Building. 5. Tenant shall not allow any animals, other than service dogs, in the Premises or the Building. 6. Tenant shall not disturb other tenants or make excessive noises, cause disturbances, create excessive vibrations, odors or noxious fumes or use or operate any electrical or electronic devices or other devices that emit excessive sound waves or are dangerous to other tenants of the Building or that would interfere with the operation of any device or equipment or radio or television broadcasting or reception from or within the Building or elsewhere, and shall not place or install any projections, antennae, aerials or similar devices outside of the Building or the Premises without Landlord's consent. T. When the Lease is terminated, Tenant shall deliver all keys to Landlord and will provide to Landlord the means of opening any safes, cabinets or vaults left in the Premises. 8. Landlord shall have no responsibility or liability for any theft, robbery or other crime in the Building. Tenant shall assume full responsibility for protecting the Premises, including keeping .+r to the Premises locked after the close of business. 9. Tenant shall not overload floors; and Tenant shall obtain Landlord's prior written approval as to size, maximum weight, routing and location of business machines, safes, and heavy 17 31 objects. Tenant shall not install or operate machinery or any mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises. 10. In no event shall Tenant bring into the Building inflammables such as gasoline, kerosene, naphtha and benzene, or explosives or firearms or any other articles of an intrinsically dangerous nature, except for usual and customary amounts necessary for Tenant's business. 11. Tenant shall not use the Premises for • lodging or manufacturing or selling ges any alcoholic beveraor for any illegal purposes. 12. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. 13. Tenant shall cooperate and participate in all reasonable security programs affecting the Building. 14. Tenant shall not dispose of any foreign substances in the toilets, urinals, sinks or other washroom facilities, nor shall Tenant permit such items to be used other than for their intended purposes; and Tenant shall be liable for all damage as a result of a violation of this rule. 15. This is a non-smoking building. In no event shall Tenant allow its employees to use the public areas of the Buildinas smoking are gas. IN 32 lelephone:847-931-0001 M sox 10,10, JL F* *At A 52722 T11 44,3915 JRA HOLDINGS LLC 180 S WESTERN AVE 235 CARPENTERSVILLE IL 60110-1738 150 040 01 00915 Page .- I Li ne: 194,368 08/06/2020 21-102 0OW23 Loan 131* 11 i ng Statement Ge Your Billing Statement Online Go "GREEN" starting May 1st with eStatements! Sign up through Online Banking to receive your loan billing statement electronically. It's safe, easy, and FREE! ---- - - - - - - - - - - - - - - - - - - 34 -----Payment Split----- Transaction Principal Date Description Principal Interest Amount Balance 07/06/2020 Balance Last Statement 9785467-58 07/31/2020 Regular Payment 1j956.36 41079.71 13$266.00 9760511-22 Escrow: 79229.93 08/06/2020 Balance This Statement 976j511.22 - - -- - Interest Cal cul at i on- --- From Thru Interest Daily Periodic Accrued Date Date Rate Rate Principal Days Inst rest 07/20/2020 07/30/2020 5.000000% .00013888 978,467.58 11 1 494 .88, 07/31/2020 08/19/2020 __ ........ .. 5.000000% .00013888 9769511.22 20 2 712 .53, E s c row Summa Date Description Payments Disbursements Balance 07/0612020 Balance Last Statement 39,284-39 07/16/2020 PROPERTY TAX - COOK COUNTY IL 44,553.77 51269.38- 07/16/2020 DUP TAX BILL FEE 7.00 5,276.38- 0713112020 Regular Payment 71229.93 1,953.55 08/06/2020 Balance This Statement 1o953.55 ** * Continued 34 0, Own 150 040 01 00915 Page 2 A Ni Li ne: 194368 08/06/20,20 L [A 52722 r ,B 'K T'B'K 1-MOAA4.3935 JRA HOLDINGS LLC Loan Billing Statement W*9�' Loan S u m, m a r y Collateral/Property: 1425-1435 EAST ALGONQUIN RD, MOUNT PROSPECT, IL 60056 Credit Limit: Interest Accrued From.- 0 7120 1202-0, Available Credit: Interest Accrued Thru: 0,811,912, Maturity Date, 04/20/ 2023 Principal Due, 4 1, �J Activity This Period - - Interest Due. 4,# `2 � P 7'"' Principal Paid., 11956-36 Escrow Due, Inte,rest, Pei d 4oO79,71 Total Payment D u e, Payment Due Date,, 084, 1 20 Interest Accrued,& 41207.41 Add additional late charge of 603.60 if no payment is received by 0910412020 As you requested, 13,266.00 will be charged to Checking Account 4546347 on 08/31/20 * Interest Paid 2020: 299133.00 - End of Statement - 35 SYMBOL LEGEND QQ — MANHOLE (R) — RECORD DATA Q — CATCHBASIN (M) — MEASURED DA ❑ — INLET ® — ELECTRIC MET ® — WATER VALVE ® — WATER METER (UNLESS OTHERWISE NOTED) ® — GAS METER Q — VALVE & VAULT — POWER POLE ® — BUFFALO BOX ® — AIR CONDITIONER (— STREET LIGHT ® — BOLLARD 400 — TRAFFIC SIGNAL —E-- UNDERGROUND ELECTRIC CABLE —p-- UNDERGROUND PHONE CABLE 0 — HANDHOLE ❑T — TRANSFORMER —Ty-- UNDERGROUND TELEVISION CABLE — DEPRESSED CURB — CONCRETE SURFACE — LIGHT ON BUILDING — ADA SURFACE SURVEYOR'S NOTES 1. THE UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD MARKS ON THE GROUND, AND ABOVE GROUND OBSERVABLE EVIDENCE ONLY. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES STATE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. 2. COMPARE THE DESCRIPTION ON THIS PLAT WITH YOUR DEED, ABSTRACT, OR CERTIFICATE OF TITLE; ALSO COMPARE ALL POINTS BEFORE BUILDING BY SAME, AND REPORT ANY DIFFERENCE IMMEDIATELY. 3. BEARINGS SHOWN HEREON ARE BASED ON THE ILLINOIS STATE PLANE — EAST ZONE COORDINATE SYSTEM. 4. BUILDING LINES ARE SHOWN ONLY WHERE THEY ARE SO RECORDED ON THE MAPS. REFER TO YOUR DEED OR ABSTRACT FOR ADDITIONAL ZONING RESTRICTIONS 5. THIS SURVEY IS NOT VALID WITHOUT THE SURVEYOR'S ORIGINAL SIGNATURE IN BLUE INK AND EMBOSSED SEAL. 6. EASEMENTS AND SERVITUDES SHOWN HEREON ARE BASED UPON A TITLE COMMITMENT ISSUED BY CHICAGO TITLE INSURANCE COMPANY IDENTIFIED AS NUMBER 18000439NC WITH AN EFFECTIVE DATE OF MARCH 8, 2018, A REVIEW OF WHICH INDICATES THAT: 6a. THE GENERAL EXCEPTIONS ALONG WITH ITEMS 1-7, W, A, C, L, M, V, N, 0, Y, Q, R, U, T, S AND Z ARE NOT SURVEY RELATED. 6b. ITEM F PERTAINS TO A WATERMAIN EASEMENT AS DISCLOSED BY PUBLIC LETTER FROM VILLAGE OF MOUNT PROSPECT DATED APRIL 19, 1985, SAID DOCUMENT WAS NOT AVAILABLE AT THE TIME OF SURVEY. 6c. ITEM G PERTAINS TO AN EASEMENT GRANTED TO ELK GROVE RURAL FIRE PROTECTION DISTRICT PER DOCUMENT 85002960, AND IS SHOWN HEREON. 6d. ITEM H PERTAINS TO AN EASEMENT IN FAVOR OF THE ILLINOIS BELL TELEPHONE COMPANY AND THE COMMONWEALTH EDISON COMPANY PER DOCUMENT 86337859, AND IS SHOWN HEREON. 6e. ITEM I REFERS TO THE ENCROACHMENT OF A CONCRETE CURB AND FENCE AS SHOWN ON PLAT OF SURVEY NUMBER 00-043 PREPARED BY CHRISTIAN—ROGE & RIBANDO DATED JUNE 14, 2000. SAID DOCUMENT WAS NOT PROVIDED TO SURVEYOR, CURRENT CONDITIONS ARE SHOWN HEREON. 7. (R) = RECORD DATA (M) = MEASURED DATA R.O.W. = RIGHT OF WAY 8. AREA OF SURVEY= 104,091 SQ. FT., OR 2.389 ACRES, MORE OR LESS. 9. PROPERTY DESCRIBED HEREON LIES WITHIN ZONE X AS DELINEATED ON THE NATIONAL FLOOD INSURANCE RATE MAP 17031CO212J WITH AN EFFECTIVE DATE OF AUGUST 19, 2008. 10, NO MEASUREMENTS ARE TO BE ASSUMED BY SCALING 11. PROPERTY CONTAINS 95 REGULAR PARKING SPACES AND 2 DISABLED PARKING SPACES. LEGAL DESCRIPTION ALL THAT PART OF THE WEST 1272.95 FEET OF LOT 3 LYING SOUTF ALGONQUIN ROAD IN LINNEMANN'S DIVISION OF THE SOUTH THREE QUARTERS OF THE EAST HALF OF THE NORTHEAST QUARTER AND TH HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 N RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTF 477.78 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF ' 14, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST Y4 OF SECTION 23; THENCE NORTHWARD ALONG THE WEST LINE OF THE SA NORTHEAST Y4 OF A DISTANCE OF 133.01 FEET TO THE POINT OF BEGINNING; THENCE EASTWARD ALONG A LINE BEING PARALLEL WITH SOUTH LINE OF THE SAID NORTHEAST Y4 A DISTANCE OF 223.94 FEE THENCE NORTHWARD AT RIGHT ANGLES TO THE SAID SOUTH LINE OF NORTHEAST Y4 A DISTANCE OF 414.74 FEET TO A POINT ON THE SOI POINT ON THE WEST LINE OF THE NORTHEAST Y4 OF I I' I I NKtF'AKLU 'UK:.�n�f:u rffn inrvi>> ADDRESS: 1425-1435 E_ Al GONOUIN ROAD, ARLINGTON HEIGHTS, ILLINOIS O BOOK & PG:198/48 DATE: 2/23/2018 JOB NO.: 1815412 DRAWN BY: JHH CHECK BY: GLK REVISED: SHEET 1 OF 1 ALTA/NSPS LAND TITLE SURVEY PROFESSIONAL LAND SURVEYING, INC. 3080 OGDEN AVENUE SUITE 307 LISLE, ILLINOIS 60532 PHONE: 630-778-1757 PROF. DESIGN FIRM # 164-004196 E—MAIL: info@plslisle.com SURVEYOR'S CERTIFICATE I CERTIFIED TO: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 7, 8, 9 AND 11 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON FEBRUARY 22, 2018. DATE OF PLAT OR MAP: 2/23/2018 ` of E5510/y++r 3483 'n STATE OF XV i IPLS No. 3483 S,R"E"Sr MY LICENSE EXPIRES 11/30/18 S�. I LUNO Legal Description: ALL THAT PART OF THE WEST 1272.95 FEET OF LOT 3 LYING SOUTH OF ALGONQUIN ROAD IN LINNEMANN'S DIVISION OF THE SOUTH THREE QUARTERS OF THE EAST HALF OF THE NORTHEAST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTH 477.78 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST 1/40F SAID SECTION 23; THENCE NORTHWARD ALONG THE WEST LINE OF THE SAID NORTHEAST 1/40F A DISTANCE OF 133.01 FEET TO THE POINT OF BEGINNING; THENCE EASTEWARD ALONG A LINE BEING PARALLEL WITH THE SOUTH LINE OF THE SAID NORTHEAST 1/4A DISTANCE OF 223.94 FEET; THENCE NORTHWARD AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST/4A DISTANCE OF 414.74 FEET TO A POINT ON THE SOUTHERLY LINE OF ALGONQUIN ROAD; THENCE NORTHWESTERLY ALONG THE AFORESAID SOUTHERLY LINE OF ALGONQUIN ROAD, A DISTANCE OF 245.51 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/40F SAID SECTION 23; THENCE SOUTHWARD ALONG THE SAID WEST LINE, A DISTANCE OF 530.66 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 37 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -15-20 Hearing Date: September 10, 2020 PROPERTY ADDRESS: 1431 E. Algonquin Road PETITIONER: Wojciech Soloman PUBLICATION DATE: August 26, 2020 REQUEST: CU: automotive maintenance and service center MEMBERS PRESENT: Joseph Donnelly William Beattie Sharon Otteman Agostino Filippone Walter Szymczak MEMBERS ABSENT: Lisa Griffin Thomas Fitzgerald Norbert Mizwicki STAFF MEMBERS PRESENT Connor Harmon, Development Planner INTERESTED PARTIES: Wojciech Soloman Chairman Donnelly called the meeting to order at 7:02 pm. Commissioner Beattie made a motion seconded by Commissioner Filippone to approve the minutes from the Planning and Zoning Commission meeting on August 13, 2020. The minutes were approved 3-0, with Commissioner Otteman and Commissioner Beattie abstaining. Chairman Donnelly introduced case, PZ -15-20: 1431 E. Algonquin Road as a conditional use to allow an automotive maintenance and service center. This case is Village Board final. Mr. Harmon explained that the original request by the Petitioner was for a conditional use to operate an automotive maintenance and service center, and used car sales. At this time, the request only includes the automotive maintenance and service center portion, not the used car sales. Mr. Harmon further explained that the used car sales portion of the request may occur at a later date, upon which a new hearing will be scheduled. Mr. Harmon gave a brief description of the Subject Property, indicating that the property was annexed into the Village in 2016, and that it is a one story warehouse building, and currently has four tenants occupying the space. Mr. Harmon stated the Petitioner has an existing space in the building, and would like to expand. Mr. Harmon further stated that because the property was annexed, all existing non -conforming uses were allowed to continue operation. Mr. Harmon explained that because this is Planning & Zoning Commission Meeting — September 10, 2020 PZ -15-20 an expansion of a non -conforming use, a conditional use permit is now required. Mr. Harmon stated the proposed hours of operation are Monday -Friday, 9AM-5PM, and closed Saturday and Sunday. Mr. Harmon explained the parking requirement for the property and what is required by code, and explained the proposed use satisfies the parking requirements for the property. Mr. Harmon highlighted the floor plan, and indicated the Petitioner is not proposing any major interior work. Mr. Harmon stated that staff finds that the conditional use request complies with the standards as listed in the Zoning Ordinance and that staff is therefore supportive of the request. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To a pp rove: "A conditional use permit to operate an automotive maintenance & service center use at the Subject Property, also known as 1431 E. Algonquin Road, Case No. PZ -15-20, subject to the following condition: 1. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, and building regulations." Mr. Harmon stated that the Village Board's decision is final for this case. The Commission did not have any questions for staff. Chairman Donnelly introduced the Petitioner, Wojciech Soloman, 1431 E. Algonquin Road. Mr. Soloman stated that his existing business, Powernet Motors, would like to expand into the vacant space next door. Mr. Soloman stated he would like additional space to service ca rs. Commissioner Beattie asked a clarifying question about the Arlington Heights mailing address regarding whether or not the Village has Arlington Heights addresses. Chairman Donnelly stated that some Mount Prospect addresses are served by the Arlington Heights post office. Chairman Donnelly asked if there were comments from the public. Mr. Harmon stated that there were no public comments. Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion. Commissioner Filippone made a motion seconded by Commissioner Otteman to approve: Planning & Zoning Commission Meeting — September 10, 2020 PZ -15-20 W "A conditional use permit to operate an automotive maintenance & service center use at the Subject Property, also known as 1431 E. Algonquin Road, Case No. PZ -15-20, subject to the following condition: 1. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, and building regulations." UPON ROLL CALL AYES: Otteman, Beattie, Filippone, Szymczak, Donnelly NAYS: None A vote of 5-0 was taken with a positive recommendation to the Village Board. Hearing no further cases, Commissioner Beattie made a motion seconded by Commissioner Filippone and the meeting was adjourned at 7:08 PM. CoA^A-ol 4-oos� Connor Harmon Development Planner Planning & Zoning Commission Meeting — September 10, 2020 PZ -15-20 me 1� .... ...... 41 i If' I low", .... ...... 41 SYMBOL LEGEND QQ — MANHOLE (R) — RECORD DATA Q — CATCHBASIN (M) — MEASURED DA ❑ — INLET ® — ELECTRIC MET ® — WATER VALVE ® — WATER METER (UNLESS OTHERWISE NOTED) ® — GAS METER Q — VALVE & VAULT — POWER POLE ® — BUFFALO BOX ® — AIR CONDITIONER (— STREET LIGHT ® — BOLLARD 400 — TRAFFIC SIGNAL —E-- UNDERGROUND ELECTRIC CABLE —p-- UNDERGROUND PHONE CABLE 0 — HANDHOLE ❑T — TRANSFORMER —Ty-- UNDERGROUND TELEVISION CABLE — DEPRESSED CURB — CONCRETE SURFACE — LIGHT ON BUILDING — ADA SURFACE SURVEYOR'S NOTES 1. THE UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD MARKS ON THE GROUND, AND ABOVE GROUND OBSERVABLE EVIDENCE ONLY. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES STATE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. 2. COMPARE THE DESCRIPTION ON THIS PLAT WITH YOUR DEED, ABSTRACT, OR CERTIFICATE OF TITLE; ALSO COMPARE ALL POINTS BEFORE BUILDING BY SAME, AND REPORT ANY DIFFERENCE IMMEDIATELY. 3. BEARINGS SHOWN HEREON ARE BASED ON THE ILLINOIS STATE PLANE — EAST ZONE COORDINATE SYSTEM. 4. BUILDING LINES ARE SHOWN ONLY WHERE THEY ARE SO RECORDED ON THE MAPS. REFER TO YOUR DEED OR ABSTRACT FOR ADDITIONAL ZONING RESTRICTIONS 5. THIS SURVEY IS NOT VALID WITHOUT THE SURVEYOR'S ORIGINAL SIGNATURE IN BLUE INK AND EMBOSSED SEAL. 6. EASEMENTS AND SERVITUDES SHOWN HEREON ARE BASED UPON A TITLE COMMITMENT ISSUED BY CHICAGO TITLE INSURANCE COMPANY IDENTIFIED AS NUMBER 18000439NC WITH AN EFFECTIVE DATE OF MARCH 8, 2018, A REVIEW OF WHICH INDICATES THAT: 6a. THE GENERAL EXCEPTIONS ALONG WITH ITEMS 1-7, W, A, C, L, M, V, N, 0, Y, Q, R, U, T, S AND Z ARE NOT SURVEY RELATED. 6b. ITEM F PERTAINS TO A WATERMAIN EASEMENT AS DISCLOSED BY PUBLIC LETTER FROM VILLAGE OF MOUNT PROSPECT DATED APRIL 19, 1985, SAID DOCUMENT WAS NOT AVAILABLE AT THE TIME OF SURVEY. 6c. ITEM G PERTAINS TO AN EASEMENT GRANTED TO ELK GROVE RURAL FIRE PROTECTION DISTRICT PER DOCUMENT 85002960, AND IS SHOWN HEREON. 6d. ITEM H PERTAINS TO AN EASEMENT IN FAVOR OF THE ILLINOIS BELL TELEPHONE COMPANY AND THE COMMONWEALTH EDISON COMPANY PER DOCUMENT 86337859, AND IS SHOWN HEREON. 6e. ITEM I REFERS TO THE ENCROACHMENT OF A CONCRETE CURB AND FENCE AS SHOWN ON PLAT OF SURVEY NUMBER 00-043 PREPARED BY CHRISTIAN—ROGE & RIBANDO DATED JUNE 14, 2000. SAID DOCUMENT WAS NOT PROVIDED TO SURVEYOR, CURRENT CONDITIONS ARE SHOWN HEREON. 7. (R) = RECORD DATA (M) = MEASURED DATA R.O.W. = RIGHT OF WAY 8. AREA OF SURVEY= 104,091 SQ. FT., OR 2.389 ACRES, MORE OR LESS. 9. PROPERTY DESCRIBED HEREON LIES WITHIN ZONE X AS DELINEATED ON THE NATIONAL FLOOD INSURANCE RATE MAP 17031CO212J WITH AN EFFECTIVE DATE OF AUGUST 19, 2008. 10, NO MEASUREMENTS ARE TO BE ASSUMED BY SCALING 11. PROPERTY CONTAINS 95 REGULAR PARKING SPACES AND 2 DISABLED PARKING SPACES. LEGAL DESCRIPTION ALL THAT PART OF THE WEST 1272.95 FEET OF LOT 3 LYING SOUTF ALGONQUIN ROAD IN LINNEMANN'S DIVISION OF THE SOUTH THREE QUARTERS OF THE EAST HALF OF THE NORTHEAST QUARTER AND TH HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 N RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTF 477.78 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF ' 14, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST Y4 OF SECTION 23; THENCE NORTHWARD ALONG THE WEST LINE OF THE SA NORTHEAST Y4 OF A DISTANCE OF 133.01 FEET TO THE POINT OF BEGINNING; THENCE EASTWARD ALONG A LINE BEING PARALLEL WITH SOUTH LINE OF THE SAID NORTHEAST Y4 A DISTANCE OF 223.94 FEE THENCE NORTHWARD AT RIGHT ANGLES TO THE SAID SOUTH LINE OF NORTHEAST Y4 A DISTANCE OF 414.74 FEET TO A POINT ON THE SOI POINT ON THE WEST LINE OF THE NORTHEAST Y4 OF I I' I I NKtF'AKLU 'UK:.�n�f:u rffn inrvi>> ADDRESS: 1425-1435 E_ Al GONOUIN ROAD, ARLINGTON HEIGHTS, ILLINOIS O BOOK & PG:198/48 DATE: 2/23/2018 JOB NO.: 1815412 DRAWN BY: JHH CHECK BY: GLK REVISED: SHEET 1 OF 1 ALTA/NSPS LAND TITLE SURVEY PROFESSIONAL LAND SURVEYING, INC. 3080 OGDEN AVENUE SUITE 307 LISLE, ILLINOIS 60532 PHONE: 630-778-1757 PROF. DESIGN FIRM # 164-004196 E—MAIL: info@plslisle.com SURVEYOR'S CERTIFICATE I CERTIFIED TO: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 7, 8, 9 AND 11 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON FEBRUARY 22, 2018. DATE OF PLAT OR MAP: 2/23/2018 ` of E5510/y++r 3483 'n STATE OF XV i IPLS No. 3483 S,R"E"Sr MY LICENSE EXPIRES 11/30/18 S�. I LUNO William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via Eax,-847/818-51329 or Via email: bcooney( moutitprospect.org Dear Mr. Cooney, 'I"he Planning & Zoning t-�,otiirmssion r.coy nt-nended approval of our by a 5-0 vote. Our request is scheduled to go bel'bre'Village Boa,rd for the ordinance's fimst reading We are requesting that the Village Board waive the second reading, tentatively scheduled for October 20th, and ta'ke final action at the October 6" meettng, because we are atmious to start the je procon 'ble., t as soas possi ance tstt appreciate your ass n facilitating thjs req,tiest. S,hould you have amy question's, f&.1 free to contactus at 847-98 1, -0 H I Sincerely, 00/1 W0j"clech Soloman 1431 e AlgonqUill I -d Arlington, hts,il 600015 43 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOTIVE MAINTENANCE AND SERVICE CENTER FOR THE PROPERTY LOCATED AT 1431 E. ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Wojciech Soloman ("Petitioner") has filed a petition fora Conditional Use permitforthe property located at 1431 E. Algonquin Road ("Property") and legally described as follows: ALL THAT PART OF THE WEST 1272.95 FEET OF LOT 3 LYING SOUTH OF ALGONQUIN ROAD IN LINNEMANN'S DIVISION OF THE SOUTH THREE QUARTERS OF THE EAST HALF OF THE NORTHEAST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTH 477.78 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST/40F SAID SECTION 23; THENCE NORTHWARD ALONG THE WEST LINE OF THE SAID NORTHEAST 1/4 OF A DISTANCE OF 133.01 FEET TO THE POINT OF BEGINNING; THENCE EASTEWARD ALONG A LINE BEING PARALLEL WITH THE SOUTH LINE OF THE SAID NORTHEAST/4A DISTANCE OF 223.94 FEET; THENCE NORTHWARD AT RIGHT ANGLES TO THE SAID SOUTH LINE OF THE NORTHEAST/4A DISTANCE OF 414.74 FEET TO A POINT ON THE SOUTHERLY LINE OF ALGONQUIN ROAD; THENCE NORTHWESTERLY ALONG THE AFORESAID SOUTHERLY LINE OF ALGONQUIN ROAD, A DISTANCE OF 245.51 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST/40F SAID SECTION 23; THENCE SOUTHWARD ALONG THE SAID WEST LINE, A DISTANCE OF 530.66 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. Property Index Number: 08-23-202-041-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to expand the existing automotive maintenance and service center for the property located at 1431 E. Algonquin Road; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ - 15 -20 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of September, 2020, pursuant to proper legal notice having been published in the Daily Herald Newspaper on the 26th day of August, 2020; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ -15-20; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. Page 2/2 PZ- 15-20 SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit for the property located at 1431 E. Algonquin Road, as shown on the site plan prepared by Jeffrey R. Pankow, dated 02-23-2018, a copy of which is attached and made part of this Ordinance as Exhibit "A." SECTION THREE: 1. Approval of the Conditional Use permit is subject to the following conditions: a. "Compliance with all applicable Village Code requirements including, but not limited to, fire code, lighting regulations, sign code regulations and building regulations." SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: 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 6t" day of October, 2020 Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk 45