Loading...
HomeMy WebLinkAbout1647_001AGENDA MAP of Mount Prospect �A 11 O's 44F Mount Prospect, Illinois WOW fd INTEROFFICE MEMORANDUM A-% Village Manager FRW: Director Public Works TO SUR=: Surplus EquipTlent Auction q, 16 DATE: Sept fiber 4, 1980 The Northwest, Mzdcipal Conference * is sponsoring a, public auction Cctober 18., 1980t Of Mull cipally cmalea txucks and cars wh3ich , have been declared, surlAus equiprm,t, This, i's a send annuial,event which tr ally has been, held a the Arlington Heights Public'Work,s Dq�,��t facility. Attached is a Proposed ordinance i4hich by State statutes nust be approved by the Village Board o the disposal Of surplus property, The folla4ng eVignent is being rec=-Ended to be offered for sale in the forthmming aLx,�ion, .1974 0ievrolet 'Nova (Fire DePt. vehicle No, 507) Rmming conon I'S , ,Poor and, needs new tires. Min - value 75 $ # 00 1973 Plymouth sedan (public %brks vehicle No.2736). Former114 Police squad car. Very Poor shape - '77,r239 miles on it. 14in.value - $25.00 1 1974 Dodge sedan (Pool car vehicle No,305). Poor mechanical condiOn Plus rusting out. 35,000 miles on MineValue All the aforementioned units were replaced in June with 1980 Cbevrolet Chevettes, I AN 01�D!NM.CE AUTHORIZD4G TTI:1, SAIE By PUBLIC ALX7-VION CF PERSONAL PROPERTY OWNED BY THE VTLJAGE op A)jjNT pRoSpF i ISEOFICIN ONEw- Pursuant to Section 11-76-4 of the Illinois mwl'c* al Code, TI-3-inoisReVISO-d Sta,tutes, C24, Section 11-76-4, Uie Mayor and Bwrd of Triistees IOf the , Vill.age of mount prospect find that the following described personal PMPE-Irt,�y 1.D. EAIN-Mlizy NO. YEAR YAKE . ......... . MODEL Lm- Uv; VA 1L'E 507 1X27H4K150134 1974 Mevrolet Nova $75.00 2736 PK411(3D198140 1973 P 1_�,mx)uth, Fury $25.00 305 DM41-MD11,9114 1974 Dodge Monaco $50.00 owned by the Village of iblu-1t prospect is ,,-cnnger necessary or ussefu-1 to the Vill-age of' Mount Prospect, and the best iP-", rt17i ala of 144c)unt Pr`: Ill be served by its sale, jS.FX_-TI0J.; ir Pursuant to said Section 11-76-4, the Village �,bnager is hereby autl, lo , nd directed th sell the aforeTrentioned personal property ncx%T owned 'r ta Vill, ge Of �bunt Pros,,c� at public auction on Saturdayr October 18,, 1980,, at 12.%,00 A.M. at the Public Works Center 222 North Ridge Avenue ,X�lington I Heights, Illino's I , to the highest bidder on said personal property. SECTI914 TFIFTE:The Village �'zluiager is hereby authorized and may direct the ipa Nort' 'h'�;e,s,t Mun­1'C,' I Conference to advertise -the sale of the aforementioned personal prqp� -in 0 a newspaper published within the cxxaTR=ty before the daf said public auction,., S=IONTOM. No bid which is less r th than the muumm ice set ,Of Pforth property to be sold shall be accepted, in e list f T SEIMCN, rollyw, 'The Village m-zmger is hereby autlmrli,zed and my d1irect t2je �Orthwest cipal Conf erence 'to enter ii-nto art sa aST�-eenim_n, for t, le of _rsonal, t he s&j�a propp�,. CtIon Sha .1 he Conduct -d and the, auctioneer sl -ell Fo=ovp,�pensated in the mmmiler set forth in, the Cr-ntrc-act att,,.ached hereto and rrade 1)e Utirt of this ordaxiance. CX7 SIX L�)on payment of the full auction price-, the Village Manager is Pper authorizedand directed to convey and transfer title to the aforesaid Ubersoaal property to the Successful bidder. j,"re- "ION SEVEN - This ordinance shall be in full force and effect from. and after ,SECr,t .ts Passage, jj by a vote of at least three-fourths of the corporate authorities., I appr, oval in the manner ided by -law. provi 1 PIO-SED AND APPPn,-TvT,,D eilLrS nAy Of"'i 1 . ................... 1-980. . . ................. . .... . . . . . . . CT L�rFzk,, RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAG MANAGER TO OFFER AND TO NEGOTIATE T PURCHASE SENIOR CITIZEN SITE BE IT RESOLVED By the President and the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION,=,-. The President and Board of Trustees of the Village of Mount Prospect hereby authorize the Village Manager to offer to purchase and to negotiate to purchase a parcel of real estate owned by Cermak Plaza, Inc.,, which is cormnonly known as 900 East Centennial Dri ive and legally described as follows, Lots 2 and 3 of Centennial Subdivision being a Subdivision of the East one-half of the Southwest one-quarter of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois. (hereinafter referred to as the "Subject Property"' SECTIONTWOo. The Village •Manager •be, •and •he is hereby, auth!o �"'to offer to purchase the Subject Property for and to negotiate the. purcha�se price 'and the terms and conditions -of a real estate contract for the purchase of the Subject Property, ,SEC) TION THREE*. The Village Manager be, and he is hereby, d1rected to forward -a written offek to purchase -t,he,-Subjiect- Property which shall include 'a date upon which negotiations may commence, along with'a Statement of -just Compensation to Cermak Plaza, Inc. by registered mail, return receipt requested, SECTION FOUR** This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law, Passed this day of 1980. AYES: NAYS: ABSENT: Approved this day of 1980. Village Pres lident Attest: Village Clerk'' 1� PRO C LAMATION WHEREAS, the UNITIED WAY OF MOUNT PROSPECT is conducting its 1980 Drive for Funds for deserving agencies serving the Mount Prospect area; and WHEREAS, many charitable, character, and health building organizations within the Village must depend upon the financial aid of our citizens to continue their good work; and WHEREAS . this one drive is designed to consolidate as much as possible the many individual appeals for operating funds for this coming year; and WHEREAS , it has been recognized that the Mount Prospect United Way is best qualified to administer the collection and distribution of funds needed for the support of the member organizations; and WHEREAS, the business and professional people, as well as many of the citizens of the Village of Mount Prospect endorse the Mount Prospect United Way as the most feasible method of raising funds to aid in the support of these agencies whose applications have been carefully checked; and WHEREAS, on October 5 1980, the Mount Prospect United Way will conduct $ M their annual Marathon '80, which is a 3.1 mile and 6.2 mile run wherein the participants will aid in raising funds toward the 1980 campaign. NOW 9 THEREFORE. I, Carolyn H. Krause, Mayor of the Village of Mount Prospect,, do hereby proclaim the week of October 3 through 10, 1980, as "MOUNT PROSPECT UNITED WAY WEEK" and urge all citizens and business organization of the Village of Mount Prospect to wholeheartedly support this fund drive, Carolyn H. Krause Mayor Dated: September 16,, 1980 WAWAM SAM', MW MMUNDEEMMA W A J I me) a a A a MEW- 4r, WHIEREASt James M. Nedza and Marilyn A. Ne,dzia ('who shallbe referred to as "Pet,itionerit) are the Owners jof a parcel of pro - 41 perty located at, 111 Norith Lancaster Street in the Village Mount, ProspectCounty, Of' Cook'I State of Ill*J i I inois (hereinafter referred to as the ` Sub ect Pro erty" nd P I I I a WHEREAS, the Subject Property is legally described as follows. - 'WHEREAS, the Subject Property 'is located in the R-3 Apartment Residence District under the provisions of the Zoning Ordinanc of the Village of' mount Prospect (hereinafter referred to as th,e "Zonling, Ordinance . and WHEREAS,, Petitioner has heretofore filed an application seeking the following variations from the provisions of the Zoning Ordinance. - 1h• A Variation from Section 14.1401.B.4 of Article XIV of the Zoning Ordinance to permit the con- struction of a 4 -car garage on the Subject Property. 2. A twelve (12) foot vary ation from Section 14,.1402.D.3 of Article XIV of the Zoni,ng Ordinance to permit the construction of said garage eight (8) feet from the exterior sa"ide to line adjacent to the public al -ley 'instead,, of the required twenty (.210) feet. 3. A variation from Section 14.1405 of Article XIV" of the Zoning Ordinance to allow six (6) parking -2 - spaces for the four dwelling units on the Sub- ject Property instead of the required eight (8 parking spaces. I WIMREAS, a PUblii,c hearing was held on the Petitioner's request ,for the aforesaid var-Lations, which request is known as i ZBA-23-V-80, before the. Zon,ing' Board of' Appeals of the Village of Mount Prospect on May 2121 19180,0 pursuant to prioper public ,notice u 1 and,, mbj"shed, in the ,Mount, on May 7, 1980; ��REAS, the Zoning Board of' A peals has recoMme-zaded, to the Bui Iding Comm.1 P ttee ;of the 'Br,.)ar'd of Trustees of he Village of 1, th i Mount Prospect that Petiti"oner's request for the, aforesaid var a 11-tilonsi, ZBA-23-'V­80s be granted- and f WHEREAS, the President, and Board of Trustees have considered the Petitioner's request and reviewed the reco=endation of the Vi'llage of Mount Prospect Zoning Board of Appeals in ZIBA-23-V-80- and .0 WIMREAS,, the President and Board of Trustees, of the 'Village of Mount P 0, 0, ' rospect have determined that with respect to the Peti'."i tion,er's requested var#,atj I ionis,, that Peti,tioner has satil'sfied the standards for 'the grant, of varlati,ons set forth, in, Secti ion 1,4.605 of Article V,I of the Zonif,ng Ordiinance and, find that, it would be in the best, i,nterest, of the Village of Mount Prospect t gran't Petitioner the requested variations. KOW, THEREFOREt BE IT ORDAINED By THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTy', ILLI- NOIS as follow,$ - SECTION ONE: The Trecitals set forth hereinabove are 'incorporated heren a's findings of fact by the President and Board of Trustees of the Village of Mount Prospect, SECTION TWO- The President and Board of Trustees of the Village Of Mount Prospect hereby grant the following variations - A variation from Section 14.1401.B.4 of Article XIV of the Zoning Ordinance to it the construction of a 4 -car garage- permi 2. A twelve -(12) foot variation from Section 14.1402.D.3 of Article XIV of'the Zoning rd iP Onanc.e. to permit the construction of 4 . 1 said garage eight (8) feet from the exterior Jde lot line ad 0 acent to the public all s L 3 y ,instead of the required 'twenty (20), feet, - r 3. A variation from Section 14.1405 of Article XIV of the Zoning Ordinance to allow six (6) parking spaces for four dwelling units 4 instead of the required eight (8) parking spaces; I for a parcel of real estate legally described as follows - 1P Lots 1, 2 and 3 in Block 4 in Centralwood, being -a Subdivision of the following desc'ribed land - beginning at the Southeast corner of the West* /2 Of the Southeast, 1of ■ 42 North,lon 3,3,, Tow,nshipMern d' Range 1 East, of the ThirdPrIncipal ianpe ce long South, line Of s W. S�ct�n 33 stance f 14.82 c s 7 feet), thence ort � WW � ■ renalto the East f the West - �Of t he, south�eastQuarter (1/4) Of said Section 33 to theof the right-of-way of the Chicago and aNorthwesternRailway este"'ly ■o t a, i ght-ofy, East 1'� - in o h Quarter (1/4) Of Qui s S 33 sout, the lase e 1 1'ne 'to, Ithe place C)f h begi J -n Cook o µ , SECTION■ � W ■ations granted herein, all other ■ ■ ■ ■ ■ able Village of Mount Prospect ordinances shall remain in full force and effect as to the Subject ■ Property. S �,�s Ordinance shall W from, and af "er Its passage, approval, and publication i Via° r,,o'. Passed M s day of 4 NAYSY • Approved W �r ORDINANCE NO. AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPERTY JkT 208 Sou'�'11.H ALBE'RT STREET WHEREAS, the Sub3ect Property is legally described as follows Lot 19 (except the South 15.0 Feet thereof) and Lot 20 in Block 16 in the Subdiv's* 1 1 ion, of Blocks 151 16,r 241 and 25 in Busse's Eastern Addition tO, Mt. Prospect,, in the EastSection 12, Toship 41 North r Range 11, East of the Third Principal Meridian, in Cook. County, ill' inois; 19m)] amI Resi i,j HEREAS t�he Sili,,b 'ect Propert, s I ocated in the R-1 Single y, 'dence Diistr*ct, I under the pr�o�v* ,Ord,' , ISIOns of the Zoning lna.,zi,ce of the V'I'Lllage Of' MOUnt Pr"04"spec,t (hereinafter re- m ferre`d to as the "Zon-ing Ordlinan,ce");, and WHEREAS,, Petit' I ioner has heretofore filed an applicati 'the follow, 6 1 Ion seeking ing variation from the provis' Ordinance: I lons of the Zoning ,A 3.64 fOOt va-riation from SecIC-cla 11.1102,.B of Arti the Zon,ing Ordinaj,-I,ce to permit a side yard of 4,86 feet on the north side of the Property Instead of th�e re-,qLlired 8.5,0 fee�t in ordez to build a Proposed a , dditi on to the resildence located, on the Subject, Property, aS shown, on Exhibit A attached hereto and made part hereof. WHEREAS., the President and Boa,rd of Trustees, ha-ve considered the Petitioner I s request rev, Village of Mount Pros, ect Z lewed the reco�Mnendation of the ,P 0"111.ing Board of peals � and Apin ZBA-34-,V-80; WHEREAS, the President and Board of Trustees of the Village of MOun,t Prospect have determIned that with respect to the Petl,- tione,rls requested var-ia-J,,-,:iLoi1,, t:,hca"t PetlitiLci-ler h,as sa1.--Asf-....ed. the sta,ti.dards for the gra,.(,'iLt of' v-arwaw: ati.ons set, forth, Secti.,Orl ,14.605 of Arti,.clethe Zloini.ng Ordir,,).an,ce and find tli,a.t It would be ili t'.,he b�es,t ".Interest (,.)f t1ie "VI.I.."I'age of' Prospec',,t to gra,n't Pe-ti.t.ioner the requ--.-�s-ted NOW, OniEREFORE, RE IT ORDAINED BY THE RERE11.33"IDENT AND BOARD OF" TRUSTEES OF THE VILLAGE OF MC)UNT PROSPECT, C(.")OK C0`LfNT'Y,,, ILL11.40IS as follows:: SECTION ONE.- The rec'Itals se-vt fox.-th b.erelnabove ar,e "Ji-ricorporated. I here.i I ..n. as finding's of' fact by tha=,President and Board of Trustees of the V1,11age of Dlounl: Rros,.pect. SECTION TWO.: The Pres."Ident an,d Board of Trus,tees of the Vi- 1.1 a g e o Mount, frbspect hereby qrant the followi..ng lv�ar�iati'011, A 3.64 foot varli,at.J,.oi-i, froin Sec,".,-,t,3',.on 1,4.1'1'102 1`1 of Article XI of the Zoning, Ordinance 1-.,,,o perut. I t, a north squo de va,l.-d of 4.86 feet., J.nstead of the requ-ixed 8.50 feet,, lin o.z.-der to bul.ld a proposed Fk add,l..,ti.,on to "the reSi.dence as shown. on E x ib 1 t 1, attached h,(--aretoax.-i,J, ma(J.e part, liereof,- for a parcel, of real estate 1.egall� desciribed as follows. - y 1 o, t 1. 9 (except the South 1,51.0 Feet thereof) w -id Lot 2 0 in B1 lock -ili the Siibdi'vis.lon, of B-11ocks i 3'ussels Eastej,-n, Addltl.011 15,r 16, 24,, &Alid 25 t:-�O Mt. P1'0'E"3',P.E�'Ctin, the 1�1,ast, 1/2 of Section Town-shap 41-,1,11.. Nort.,h, Range 1.1, East of' 't"11-te Thi.z"d Pi.,-incipa,l Dleridian, J -n C"oo;<, "Clotaity, I'llinois. 01 1 ion c z -anted here i n, al" SECTION THREE: Ex(-ep,t, for 'the var.."atJ 1 1 of applJ'Xable Vil-lage of' Mount, Prospect 0:ud"iLt'lances shall remain in full.,f�orcei and, effect as to the St,.lb-eict Prq erty'. I P SECTION FOUR: 0rdJ,.r,,ia.,.nce sha.1.1 be J.,ri, fii-llqe and, effect from and 'raft-er its passage, approval, and W.)13 --cation in the manner provIded by .1.aw. Passed thj',,,,s day of 1,9�80. AYE S NAYS: ABSEN""I . Approved, this, day of" ".I.�)80 Village Rreside,nt • ft A list WAN An WHEREAS, First National Bank Of Mount Prospect (who shall be referred to as "Petitioner") is the owner of a parcel of pro- Perty located at 700 East Rand Road in the Village of mount Prospect, County of Cook, State of Illinois (hereinafter re- ferred to as the "Subject Property")- and WHEREAS, the Subject Property is legally described as follows1b All that part of Lot 2 lying Southeasterly of a line drawn from a point in the Southwesterly line of said Lot 2 which is a distance of 60-49 feet Southeasterly of the Northwest corner of said Lot 2 to a point in the North line of said Lot 2 which is a distance of 120 -67 feet East of the Northwest corner of said Lot 2, all in KAMYSZ' SUBDI'VISION of'art of the Northeast quarter of the Southeast quarter of Section 34, Township 42,North, Range 11 East of the Third Principal Merid:Lan� according to the plat there- of registered October 15,, 1973 C -is Document No. 2722271, all In Cook County, Illinois; Also Outlet 13 Of KENSINGTON CENTER, PHASE ONE, a Subdivision in the East half of Section 341,ung and the West half of Section 35, J North, Range in Towi ship 42 11 East of the Third Princinpal Meridian, in Cook Count y,1,1,noo ,I I, I s "WHEREASt the SUbject, Property 'is located in the B-.3 Business Retail and Service DiStr'ct under the provis,lons of the Zoning Ordinance Of the Village Of Mount Prospect (hereinafter re- ferred, to as the, "Zon-ing, Ordinance"); and WHEREAS, Petitioner has heretofore filed an application seekin the following variations from the provisions of the Zoning Ordinance: I Variations from Section 14,2002i.B.2i of' Article XX and Section 14.2202,-B.3 of Art' Lcle XXII of the zoning Ordinance to permit a, five (5) foot side yard, inistead ed 3� 0 1, of the requiLrthirty (foiot "de yard # on the Subject property along Business Center Dri* ve. 2. A fifteen (15) foot variation from Section 14-2002.0 of Article XX of the Zoning Ordinance to permit a f - on the Subject ive-foot rear yard Property instead of the requili,r'ed twenty (20) foot rear yard. WHEREAS, a Public hearing was held on the Petit' for 'the aforesaid var'c-jt* loner I s request ,-I ons which regues I Z,BA-36-V...80 t is known as ,r before 'the Zoning Board Of Appeals of the Village ,Of Mount Prospect, on. July 24., 1980 pursuant to proper p 1 Ic notice published in the MOUnt Prosipect. Herald, on July ubl 19800: and 8,f SECTI - ON ONE-,#- The recitals set forth hereinabove are99 ncorporated I. herein as fiTM s^ Of fact by the President and Boa -rd of Trustees of the V111age Of Mount Prospect. SECTION TWO: The President and Board, of Trustees of the, ViAlage Of Mount Prospect hereby grant the following variati Hca the conditions set forth in Sect' I ionst subject No. I -on Three of thi ------------- —1,4, is Ordinance V a ,;ons ions from Sect ion 14.2002.B.2 of XX and Section 14,-2202-B.3 of 11 4rti"cle xyI1 of' thel"Zoni-ng Ordinance to p."«.. ff-street park,ing oia 'the I nm e r (25) feet of the requ,,lred thirt (30) foo,�t S, y ide yard al.Ong Business Center D r ive 2. A variation Section 14-2002.0 of Article XX the Zoning Ordimance to permit Off-street ark n ing othe inner fifteen (15) feet, p * Of the ' r equired twenty (20") foot rear yards for a parcel of real estate legally described as follows. All that part Of Lot, 2 -1y' line drawn, f,ro , ing Southeasterly of a i n in 'm a P01 ' 't i , t�ie Southwesterly line, Of said Lot 2 whi"ch ' a distance, of f 6049 eet Southeasterly, of' the Nor"thw�est corner -oif am Said, Lo -t: Point 2,�tc ) a I in the I ox-thIs Lot 1 2 whi, ch i Ine of sa,;cl a distar.0 I the NorthwestOf 1,20 - 67' feet East of corner of KA�s, I'd Lot 2, al I SUBDIVIsION' Of pa" quarter of th,e as Southert of' the Northeast Townsh " t 912arter Of Sect,' R ,, -1p 42 North, Range 11 East of ti,,, I on, 3 4 ri,mcip&l Me. * d e Thii. r d accorda_ng to the plat there. O,f reg"istered October 22271, all � 15, 1973 as 72Document No,., in Cook, cru ntlyl Illinois. Also Outle,t 13 Of KENSINGTON CENTER a SubdIvIsion, PLASE ONE, beir1g, and the West in the `East half Of, Sect,, half of Section 35,, North, Ra,ng�e 11' 'East, In Townsh I -p 42 the li'hird Rrimclpa,l Mer,idlan, :Ln Cook co,,u,llty', ylljn�o, I IS. SECT, 'T E' The vari,at` Ordinance No 10ns granted a -re granted, sb' in, Section Two of thlL-s Proviu d' 3ect to the Petit,i' I Ing la,nd ca�p,g and bernl'nloner Is Development Department of the acceptable to theCommunity m1ni'mize the i V'l"ge Of Mount prospect', to ImPact of traf'f* Ic on, residential Uses. SECTION FOUR: Except for the var *,at ot e. I ions granted h,erein, all r aPPlicable Village Of Mount Prospect orord3i-na-inces shall remain Jim ft"111 fce and effect as to the Subject Property. ,SECTION, FIVE. Thi Is Ordinance shall be in full force and effect frol"n 71�71d "aHer its, passage manner PrOvIded by approval, and publicat,on 4 Y law. I in the Passed th' AYEs-. NAYsl- ABSENT,- Approved this day of 19 8 0. V111age Attest. t. VMage Clerk V"111a, of Mount Pros, ect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Terrance L. Burghard, Village Manager FROM: Kenneth H. Fritz, Community Development Director SUBJECT: Building Committee Action - Mike Beno Proposal for Second Design Agreement - Busse./Wille/ Northwest Highway Intersection DATE: September 10, 1980 At the Building Committee Meeting on September 8th, the Committee gave general accevtance to the second design proposal from Mike Beno. The Building Committee however, wishes to have the subject placed on the agenda of the next regular Board Meeting on September 16th. As was expressed by the Building Committee members, they felt it would be a good faith gesture to give the opportunity to the other Board members to be aware of the next step in the review of the design with property owners in the area. KHF: hg cc: Herb Weeks Ben Hemmeter Steve Park . ................ . TO*- Mayor Krause and Board of Trustees FRCM*. Trustee Norma Murauskils., Chairperson Fire and Police Committee SUBJECT: Regular Meeting, Fire and Police Committee August 25, 1980 MINUTES.- By Lawrence A. Ch" Pairiitz�r Fire ini Chief, Adm' *strative Liaison to Fire and Police Committee 8000 P*M&j Trustee Committee Room,, Second Floor 100 South Emerson,street,, Mount Prospect, Illinois PRESENT.- Chairperson Murauski is Trustee L. Floros Trustee E. Miller Staff: Ken Fritzj COMMun"Ity Development Director Chief Lawrence A. Pairitz Bill Amundsen, zoning Officer Visitors: None The regular meeting of August 25, 1980, was called to order by Chairperson Norma Murauskis and the following agendalitem was discussed: DEVELOPMENT CODE Community Development Director Ken Fritz reviewed the final sixteen (16) 'Items from the memo of July 25,, 1980, regarding Development Code revisions explaining the reasons and methods of development of the various suggestions. Zoning Officer Bill Amundsen also elaborated on various points during the course of the evening. 11. A section should be added that would require all public improvements to be installedi trees planted and parkways graded before any building permit would be issued. A6te& a AoAt dizcuuion it MA deteAmined that this item zhoutd be chopped. 12 # Change Section 16.311 (C), Guarantees, by eliminating sub- paragraph IA (3) from the Code. This would limit im', improvement completion ,guarantees to cash escrows or letters of credit. Thi t will omit subdivision bonds which are difficult to enforce. (A bond s just invitation tation to sue to have the improvements completed.) el ve,A- CeAtMe&,A&b, g W, p4, qm' e to C '6n49)�90 the a,,..t,0_tteA, oj' ap_dU The e ton": d4Z, 61"1 Wid Holweve&., ;0 A't do ,JtbktheA ke,4, it, ,fou "'equa eath A Y aczepti, ng d"'­hl� bonnd& :'hh' Norma '' .Murauekkis Page Biu u. 9` ► 1980 13, Also under Guarantees Section 16.311) (C), this section should incorparate `a factor for inflation of construction caste_ during the period of construction ( example : Pipe and manhole casts have escalated) It mz de. tined by the Committee that this itemm ht be. z c:e d by the accumutated inteAeAt oJ ra,6. bond and c. a & .mss at,6o Ued to Item 12 14. Section 1+6.413 Manhole and Drainage Appurtenances, should incorporate Village standards instead of the Development Code. ved b Cam e.e and .tit w &e.ca,r mended that 6 " a ca e' he ec.b' c6 � ec, �cc e d to e e� *�. 16' All applications for development or addition to any property ,in the P.-=3 F R-4 p R-5 r B-1, B-21 X3-2-11 B-3, B-41 I-1 and 1-2 Zoning District must include landscape and parking ;plan for the entire lot on which the developmnt or addition '.s proposed. A Stec. conze. idekab d" cu6zio . theCommittee app&o v d , � a item and `�. en. Ftitzto,i►aye adding the Jottowing, "Such Ccs 16. All developments or additions to the Multiple, Business and Industrial. Districts must provide the following.- 1. ollowing:1. 'Traffic impact analysis. 2. All exhibits submitted must be drawn to scale relative ;to building height length, and setbacks. 3. The developer,/petitioner will provide a reduction of the subject property no larger than ll inches by li inches. 4. The square foot agree. of all lots shall be indicated on the plat. A6te& can ide&abt-e. zta,44 etabotation cin hoe. advantages o6 thi6 .item, the Committee diucted Ken Fez to lt'mptement att itew except No. 1, T&a Jic poet ren .�s The. Committee e. ptaz e.d conte. n ice `n, thee. need jot " .'.c impact.ana yz on s m ptoject6. A4teA dizwsion it was Bete mined that Item No. 1 gaud be mote ptopaty ptaced in Section 16.312 A () o6 the. Devetopment Cade, 17 Provide specific regulations for the issuance of Certificates of Occupancy. 4taij membw zpct e. &ega&ding the pubtew conce ned with the u e. o 11tempotaxy occupancy pe `t.6". A . et some cur.64-*on the Committee approved tW item in concept and ditected staij to btinc wAitten tecommendation.6 . o thee, Committee a con 'eAt ng with V" atto.kneyz , MpkN" 2 Norma J , iii rauskia - Page 3 August 25, 198o 180, All site improvements made part of the development plan and/or plat of subdivision shall be backed by cash escrow or letters of credit as per the guarantee section�_of the code. % Committee deteMn ne.d that the item zhoued be. dtopp .d a ► i ' afteady coveted e.d in Item 12. 19. All the detention areas shall 'be provided in a location other than upon a lot occupied by a. habitable structure. (on a, separate lot of record) . With the change in WoAd ng 6&om detention con to to ention', .the. Committee appkoved thiz item and diAected Ken Fkitz to imptem 20W, All aublI improvements shall be complete except for installation of ;public walk, parkway trees, and final grade prior to the issuance of a foundation permit . The Committee deteAmined that tevk O cis rO u d ca veJ�, item and it c�rcd be d.c�y�p�ed . 21. Remove all excess fill from excavation prior to the building permit. With'the A chi, c "an to /site , the Committee � � v� a ec. e.d s j to mase a de eAminat an 64 044Uwept- o "e c� ve e d .gin theCommunity e = � d 6. 22. Remove all construction debris prier to the ;sinal grade �. �� � fed ,� The�� .the oib 06 ����, illoterm,�unde&��� . tandhiej Pdiut '� , 's 'iktb2�et'�een, �' de,. m . be iemove.d yam ..the zi ell Isco az to hope 4utty avoid open bcu&v 'ng comptaints. 23. Adopt either under separate ordinance or make reference by including in the Development Code, the "Ill"inois State Standards for water and sewer main construction". The. Committee a.+ppto ve d this item and di&ected Ken FAitz ter m e men /S ame. 24. Adopt a revised procedure memo that, would be distributed to developers and contractors with respect to the development code process. 4 The Committee de. eAmined that this item Wou .d be moo ptopetty hand ed Norm - Murauakis - Page 4 August 25, l980 25. Develop maximum hard surface area standards which would require an extraordinary 'a cunt of landscaping should the hard surface area exceed a. certain percentage of the total lot area. The Committee apptoved this item' ,.n t oneep and dixected zta6to devetop 6tanda/tA 40& the Committee to eva. uate.. Th ,' "6, as 4,)4 � on the pay, raj the. Committee eg "nc� '�, , a and sta4j was e.e c to e Aeviz 'ons, o f the Devetopment C ode. FA i"tt the, 'C ear, r �e '� �; 4vetoped 6o& both At a �' d8� 26. Section 16.415 Bl . e ' to eliminate ambiguous guous l.anguage regarding m nimm diameter of street treys and settle an 2YI diameter. Allow the(petitioner/developer) to plant the street trees as provided in h and J of thi see section. The Committee app&oved PaAt 1 oj_this item uga&ding the diamete& o4 new tAee,6,. This b&ought about discuss ' ion as to &athe& a homeawne may hive, a �La. e ..than � A��e e ass a � c en e. homeown t�n .to pay the cash dZ, l , °se". Chie4 Paititz Was di&consutt HeAb Weeks V n ,� (In &e Je .e.nce. to this question, "e b �in joxme.d me that in aU new aAe.as he. any .n/stAees that meet the. woes. In _ateas whete tAe have been umo v d, at this time,, .the. Vi4age pay 0 and .the hame.awn pay 30 towaA6 the totatAic e o ` $9'0 p �e.e. HeA advis a me that gar. home own can' z ecu& ,a t , eta �e 'C'4 he 'P 'e ;J'Meka-H "'h nplot, e home � � � c .� 'nen � � 'V'i � h haeme _ owne t e..e . �� �' e ` �"Xtu 10, � �� � vj ' On :the, z eccend paAt i o6 Item #26P Ken Fez was diuc,ted by the. Committee to dizcwss this item with pubtic wo&ks Diuctot He&b Weeks be. oke any Committee. action " taken. The following two items were brought ' up by Chairperson Murau: kis : Item 16.206 - Variations. Chairperson Murauski' s stated that she ;Felt very strongly that the Zoning Beard of Appeals should review all variations rather than the ]Planning+ amiss on as presently called for by the Development Cade thus providing public notice to neighboring parties. she :further stated that she feltthat this was o� Norma J.", -auskis Page 5 August 251 198G, importance on specific items such as lot sizes,, street widths,, cul-de-sacs, etc. She cited the St. Cecelia subdivision case as a example on the i ortance of public notice. IMPAfter considerable discussion regarding this point,- the role of Planning Commission and Zoning Board of Appeals; the need for public notice, the Committee voted as follows: Chairperson Murauskis in favor of the change; Trustee Floros in favor of sectionno change; and Trustee Miller, pass. The motion failed by virtue of a tie vote. Item 16.403 - Lots Chairperson Murauskis stated that she felt strongly that this adjournedsquare footage reconunendations of the present zoning ordinance. After a short discussion it was determined that this latem will be held over and discussed at a future meeting of the Committee. The meeting was 1 COMMITTEE REPORT To 10 1 Mayor & Board of Trustees From E.F. Richardson, Chairman Legislative/Judiciary Committee Sub*ect 1 icLegislative/Judo I 8/21/80 iary Committee Meeting Date August 22, 1980 The Meeting was called to, order by Cbairman, Richardson at 8:00 P.M. In attendance were Chairman Richardson', Trustee Farley, Assistant Village Manager Ed Gellck, Public Works Director Herb Weeks, and two representatives from Chicago Lighting Services-., Mr. Walter Marguerite and Mr. Jim Kociiak. Absent: Trustee -Wattenberg. STREET' LIGHTING: A study of the, existing Village street lights was done in 1976 and was updated in August of 1980 by the Engineering and Public Works, :Np,artments. In addition, 'finformation regarding areas which need lighting was solicited from _ ih'e, Police Department, patrol officers and a visual survey of the community was conducted by Ed Geick to determine where the Problem areas existed. The Committee discussed the different types of lighting sources available on the market today and the types of'poles, arms and fixtures that can be used in various, lighting situations. The staff was requested to develop cost figures for completing the lighting of Northwest Highway west of Central and for the Busse @ W1111 3- ie beautification pro3ect., At the September meeting the Committee will tour different areas to review the lighting systems available and take a personal look at some problem areas pointed out by the staff's survey. BUSINESS REHAB I,LITAT ION LOAN PROGRAM,: Assist ` ant Village Manager Ed Gelick presented the a 'A Committee with the results of his discussions with the banks. Soffie suggestions for changing the propose,d agreement and ordinance which will establish the program, ural A n ir 74 e r r � ran � r r , fe, eww w �h r /rr I" I 044* zxxd ten v tz !/ r "n r O r 'M 'ar ill bie re ;9,1 i�mg ' rln qf ­Gome,,,r,,,c,le sw S�opt�6�er,,to uu s c iI t br rt " r a, n, d he, villl ble, co,�� the Of i _hlbs, ac ly e in " " oa o the rt � Di r �xff � � < ,may ��" 1n t ion i F r'' r may wl�sbh, , i nJi r Tlbo, Ciom mii tia, v, t P� iad '2 ��IIIosed hI" F, �' " , � Reha L J.""t t I-pA w s r .w= ^ i Y $ "Wxf 'r' Col%XCES t t r Bey � � at : ,: �V; a," ar � ,�� � �� �" "� Y' n A ,.' ", V. , '� "+d �' e , " t he,"" ic3T,mQIA Znyl may, be, np,ces,a:ary" to the code Ms,,@ at ", ",ac. . ....... .. ...... .... . .... . . .... A, TO Mays... and Board of Trustees FROM* Public Works Committee SUBJECT: Public Works Committee Meeting of September 4, 1980 PRESENT, Trustee Farley, Trustee Floros, Assistant Manager Ed Gelick, Village Engineer Ben Hemmeterl-Dire'ctor Public Works Herb Weeks and his y Glen Andler. Also in attendance were Deputy those listed on,the last - page - of these - minutes. Chairman Farle called the meeting t6 ' 'Y order at 7:40 P.M0 A, 'CABLE TV This was the CofamIttee's third meeting on the sub3ect of the feasi- bility of a Cable TV franchise for the Village of Mount Prospect, Chairman Farley opened the meeting by hearing a presentation from each of the four top cable companies recommended by the N.W.M.00 Each presentation was limited to 20 minutes with specific questions being asked immediately after. The companies and their respective representatives in alphabetical order were .- Cablenet TV Tom King, President, and Walter Wickers, Vice President, Canada Cablevision Alan Krause Metrovision, Inc. - Craig Magher,, Vice President,, Georgia Warner Amex Cable ,Communications, Inc, - Douglas Beach, Vice President Presentations were heard in reverse alphabetical order. Each repre- sentative gave a brief history and the present financial standing of their company. All indicated they would provide 50-54 channel capaciity systems which would include all existing local channels, sporting events, first -run movies, children's programs, and a full institutional network of programs, to name a few, I Chairman Farley questionned whether or not a form of parental censor- ship is available for some of the programs.offered, All companies indicated their systems were equipped with a parental lockout device in the line, with the exception of one. Metrovision does not offer what they would classify as adult or hard movies. All companies were asked the question if Mount Prospect does not choose to go with a regional or sub -regional grouping, is it in itself a viable community for franchise hookup? All indicated mount Prospect has a large enough base of homes and potential customers to have a good system of 'it's own. However, the kinds of service available to a smaller entity would be different. Based on the presentations heard, the Committee feels it still has a considerable amount of homework to do as, a Committee before making a definite decision. However, the Committee does unanimously recommend that the Village 'Board authorize the Northwest Municipal Conference to include w PW Committee Me, _ng ,of September 4 , 1980 Page 2 Mount Prospect in it's pursuit to form a. sub -regional operation for a Cable TV franchise. B0. LEASES NORTH __ WESTERN RAILROAD The Committee rev ewed'two leases that pertain to North Western Railroad properties. One that covers the parking facilities at the train depot and at the east and west commute -r lots, and second the proposed- lease of -the, train depot: itself wherein the Village of Mount Prospect will assume maintenance of the building. Assistant Village Manager, Ed Geick, painted out to the Committee that the paring lot lease is a duplication of all of our leases in the past with the following exceptions: The Village would now retain $500.00 instead of the previous $200.00, per month from the monthly rent paid to the railroad. This is to be applied towards the outstanding balance of approximately $40,O 0.00 awed to the Village by the railroad for their share of the improvements and expansion of parking facilities that were made in 3974. Also, the railroad agrees to the 5� increase from 50� to 75� subject to the Village of Mount Prospect assuming responsibility for case and maintenance of the railroad depot and that all revenues from the parking ,facilities would not be transferred to other Village accounts. Herb Weeks, Director of Public Works, explained that in order to change the existing meters to 75� it would cost approximately $3,500.00 not counting labor and the continued. expense of new meters and maintenance costs fear stolen and/or vandalized, meters. He is, therefore, recommending we go to a collection boy: system as did ,Arlington. Heights, Ides Plaines, and Barrington. The collection box system would cost an estimated ,10+0.00, and would be utilized in the east and west commuter lots as well as the Maple Street lot. Currently we have a part-time person who repairs and.-aintains all the parking meters. The Police Department is responsible for collection and enforcement. Under the new collection box system, the part-time person would be responsible for emptying the box daily and writing citations. Old meters would be d.ecla.red surplus and :sold to rather industries or communities on the lease of the railroad depot itself, staff indicated that where were some additional changes yet to be negotiawed with the ra i lroad. The Village would be responsible for maintenance only and would not include the support walls, structua.l rale-mberst columns, floor, roof or foundation. To this, staff recommends adding the heating plant. Also the railroad requested that. any f� PW Committee M� I,,,, ag of September 4, 1980 mage 3 ua item costing $5,000.00 or less to be repaired or replaced be the responsibility of the Village. Staff recommends that amount be reduced to $1,500.00 The matter of hours the depot is to remain open was also discussed. It was agreed that staff would recommend to the railroad the hours of 5: A.M. to 10:00 P.* In addition, the Committee unanimously agreed with a staff recom- endat on that depot restrooms be unpadloc ed and coin metering devices removed. W The Committee unanimously" agreed to the recommendations made b staff on both leases with the North Western Railroad as well as the new parking collection box system. C. ADJOURNMENT The meeting was adjourned at 11:05 P M# Also in attendance at the Public Works Committee Meeting of September 4, 1930, were the following: NAME ADDRESS PHONE REPRESENTING Mildred Colwell. 811 So Milburn 259--1434 Self Marie Zander 208 S. Elmhurst -255-0673 Self Roy.... -,Colwell. 811 W....... Milburn 259-1434 ,Self .Alan Krause 655 Lake Street 333-2200 Cablevision Craig Magher .Atlanta, Georgia 404_394•- Metrovision W 3837 So A. Yefsty CES Tele Com 282-2161 Douglas Beach 999 Puala Drive 843-7991 Warner .Amex Linda Ydshlr Palos Hills 430--4340 Metrovis on Pam Oddi 299-5511 fit. Prospect X 112 Journal Walter W ckers 78 Oakdale Road 745-3940 Ca.bl.enet Tom Ring 330 Merchandise Mart., 527-41:41 Cablenet Harry Finkel 883 Apparel Center 527-4141 Cablenet Will Mowlson 73 Oakdale Road Cablenet Avis Nopar 1609 Sherman Street Cablenet Eugene Schl ichm,ann 1.15 W. Eastman,A. H. Cablenet, R. .Behvinger Pales Hills 430-4340 Metrovision Pam Bailey Akers 870-3667 Herald. OFFER TO LEASE LESSOR CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY 400 West Madison Street Chicago, Illinois 60606 On this day of'- J% 19801 THE VILLAGE OF LESSEE MT. PROSPECT, 100 South Emerson Mt. Prospect, Illinois 60056 (Hereinafter called "LESSEE") hereby offers and agrees to lease from the CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, whose address is shown above (hereinafter called "LESSOR") the passenger station and land thereunder, (hereinafter called the LOCATION "PREMISES") of Lessor situated in the VILLAGE OF MT. PROSPECT, County of Cook and State of Illinois, shown outlined in yellow on Exhibit "A". dated 10/2/79, attached hereto and made a part hereof, for and during the te-M of one year and thereafter, unless terminated earlier as hie-areinafter provided. The Lease is to commence on the day and year first above written. This Lease is made upon the following express covenants and agreements, each of which is made an express condition hereof: RENT 1. Lessee covenants and agrees to pay Lessor as rent for the Premises the sum of One & No/100 ($1.00) and other valuable considerations. 2. During the term of this Agreement, Lessee shall maintain and repair said passenger station and all fixtures and appurtenances therein, and shall keep all of the same, except the area shaded in orange (Lessee's agent's office) and any area used in the future for commercial development, in a good state of repair, appearance and order (including, but not limited to, regular cleaning of floors, windows, plLu-nbing fixtures and the providing of scavenger service), corresponding to standards that apply to public buildings and facilities otherwise owned or operated by Lessee, except Lessee shall not be responsible for repairing or replacing any structural parts of the depot building resulting from ordinary wear and tear (such as support walls, structural members, columns, floors, roof, heating plant and foundation). For the purpose of determining what items shall be the responsibility of Lessee or Lessor hereunder it is hereby agreed that any single "Item costing more than $1,500.00 to repair or replace shall be the responsibility of the Lessor and all other single items costing less $ 1,500. 00 to repair or replace shall be the responsibility of the Lessee. SPECIAL 3. In the event the Premises or any part thereof shall ASSESSMENTS be subject to any special assessment or special tax for public improvements, Lessee agrees to reimburse Lessor within twenty (20) days after presentation of a bill therefor. EXCLUSIVE USE 4. Lessor reserves for its exclusive use and occupancy BY LESSOR as a ticket office that port -Lon of the passenger station shaded in orange on the attached print. USE BY LESSOR 5. Lessor reserves for lawful use by Lessor and Lessor's customers and invitees the Premises shown outlined in. yellow on Exhibit "A" (except such part of said Premises as are, Lessors consent , with ' hereafter sublet by Lessee). Lessee shall not interfere with or infringe upon Lessor's or the public's lawful use of the Premises so reserved. The Lessee further agrees that Lessee and Lessee's employees and invitees in and about said Premises shall be subject to the general rules and regulations of Lessor relating to passenger stations and passenger station grounds and to Lessor's railroad operations and to the conduct of its employees. Lessor reserves the right to regulate and control the people who enter said Premises and their conduct and reserves the right to enter upon Premises at any time, and to eject therefrom any disorderly person or persons. 6. (a) Lessee accepts the Premises subject to the rights of any party, including Lessor., in and to any existing easements, permits, or licenses. Lessee agrees to provide to Lessor, and ROADWAYS the Public, access to and through Premises as deemed necessary ACCESS by Lessor for the conduct of Lessor's commuter business. M (b) Lessee reserves the right to maintain or relocate RELOCATION its existing railroad facilities, or to construct and thereafter maintain such new facilities, in the vicinity of the Premises with no liability for damages to Lessee's interests or property resulting from such activities. Lessor agrees, however , that no changes shall be made without consultation. with Lessee. ADVERTISEMENT 7. Lessee shall not post, paint, or place or cause others to post ,paint , or place on the Premises any advertisement or sign of any kind, except for identification signs of sublessees. Lessee may maintain public information bulletin boards on the Premises at locations approved by Lessor. 8. (a) Lessee shall not use or permit upon the Premises anything that will invalidate any policies of insurance now or hereafter carried on the Premises or any building or COMPLIANCE structure thereon. Lessee shall maintain and use the LEGAL & Premises and buildings and structures thereon in accordance INSURANCE with the requirements of all local ordinances, state and federal laws in effect during the term of the lease. (b) Lessee further agrees to comply with all ordinances, laws, rules and regulations enacted by any governmental body or agency relating to the control, abatement or emission of air and water contaminants and/or the disposal of refuse, solid wastes or liquid wastes. Lessee shall bear all cost and expense arising from compliance with said ordinances, laws, rules or regulations and shall indemnify and save harmless Lessor from all liability, including without limitation, fines, forfeitures., and penalties arising in connection with the failure by Lessee to comply with such ordinances, laws, rules or regulations. QUIET 9. Lessor makes no covenant for quiet enjoyment ENJOYMENT of the premises. Lessee assumes any damages Lessee may sustain as a result of, or in connection with, any want or failure at any time of Lessor's title to the premises. M M 10. Lessee agrees to have all insurance policies issued to it, which cover Lessee's obligations and operations NO hereunder or for or upon Lessee's account, covering any SUBROGATION i njuries to persons or any loss or damage to property so written that the insurer shall have no claim or recourse ri of any kind whatsoever against Lessor or the premises. 11. Lessee agrees also to indemnify and hold harmless LIABILITY Lessor from any and all liability for loss or damage to property or Premises whatsoever and all injury to or death of persons whomsoever while on or about the leased Premises whenever such loss or damage to property or injury or death is caused by Lesse's negligence or arises from Lessee's operations on, or Leseee',s leasing of, the Premises. LIENS 12. Lessee agree., -3 not to suffer or permit any lien of mechanics or material men to' be placed against the Premises or any part thereof and, in case of any such lien attaching, immediatly to pay off and remove the same. It is further agreed by the parties hereto that Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law or otherwise, to attach or to be placed upon Lessor's title or interest in the Premies, and any and all liens and encumbrances created or suffered by Lessee or its tenants shall be attached to Lessee's interest only. EMINENT 13. If the who or any part of the Premises shall DOMAIN be taken or condemned by any competent authority for any public use or purpose, this lease shall, as to the part so taken, terminate as of the date when taken or required for such use or purpose. The entire amount of damages or compensation payable or paid for the part taken and for the remainder, if any, shall be paid to and retained by Lessor at its own property withou apportionment. Lessee hereby assigns to Lessor any claim which Lessee would have to such damages. M Lessee shall look to said authority solely for any Premises and take possession thereof, with or without process of law, and to use any reasonable or necessary force for regaining possession; provided, however, the Lessee shall have the right to remove certain of Lessee's properties as hereinabove provided. WAIVER OF 17. (a) No waiver of any default of Lessee shall be REMEDIES implied from ©mission. by Lessor to take any action on account of such default. No express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No receipt of money by Lessor from Lessee (1) after any default by Lessee, (2) after the termination of this lease, -5- compensation or damages on account of Lessee's cost and expense of removing Lessee's personal property from the Premises and for the cost and expense of moving any building or other structure placed upon the Premises by Lessee and which Lessee would have the right to remove as a Lessee of the Premises. CAUSE 14. If Lessee defaults in any of Lessee's under - FOR BREACH takings or obligations of this lease., then such event or action shall be deemed to constitute a breach of this lease, and if such default remains uncured for thirty (30) days after notice in writing, ;his lease shall cease and terminate. SURRENDER ru 15. Upon the teriAination of this lease by any manner, PREMISES means or contingency whatsoever, Lessee shall without further notice or demand., deliver possession of the premises to Lessor in as good condition as when entered upon, ordinary wear and tear expected. RE-ENTRY 16. If Lessee shall breach or default in any of the terms of this lease and if such breach or default is not cured as provided in Paragraph 14 or if this lease shall expire or terminate in any manner, it shall be lawful for Lessor then or at any time thereafter to re-enter the Premises and take possession thereof, with or without process of law, and to use any reasonable or necessary force for regaining possession; provided, however, the Lessee shall have the right to remove certain of Lessee's properties as hereinabove provided. WAIVER OF 17. (a) No waiver of any default of Lessee shall be REMEDIES implied from ©mission. by Lessor to take any action on account of such default. No express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. No receipt of money by Lessor from Lessee (1) after any default by Lessee, (2) after the termination of this lease, -5- (3) after the service of any notice or demand or after the commencement of any suit, or (4) after final judgment for possession of the Premises, shall waive such default or reinstate, continue or extend the term of this lease or affect in any way any such notice ,or suit, as the case may -be. (b) The construction of i*mprovments on the Premises shall not constitute a waiver or affect in any way the right of either party to terminate this lease. LEASES 18.(a) Lessor hereby assigns the existing coffee bar IN lease in the Premises, and Lessee accepts same, with the DEPOT understanding that said lease shall not be canceled nor rent increased without permission of Lessor. (b) Lessee shall have the right to sublease space in the depot for commercial purposes which provide a service to Lessor's customers. Recognizing that use of the depot is primarily for the convenience of Lessor's commuters Lessee shall accomplish such leasing only with the full prior consent of Lessor, its successors or assigns. RIGHTS 19. All rights and remedies of Lessor shall be CUMULATIVE c-Lanulative, and none shall exclude any other rights and remedies allowed by law. NOTICES 20. All notices, demands, elections and other instruments required or permitted to be given or made by either party upon the other by the terms of this lease or any statute shall be in writing. They shall be deemed to have been sufficiently served if sent by certified or registered mail with proper postage prepaid to Lessor or Lessee at the respective address first shown above. Such notices., demands, elections and other instruments shall be considered as delivered to recipient on the first business day after deposit in the U.S. Mail. I M 'ENTIRE AGREEMENT ACCEPTANCE 21. All of the representations and obligations of Lessor are contained herein. No modification, waiver, or amendment of this lease., or any of its terms, shall be binding upon Lessor unless it is in writing and signed by a duly authorized officer of the Lessor. 22. Lessor makes no warranties or representations, expressed or implied, as to continued rail service to the Premises. 23. Lessor's passenger station will be kept open to the public by Lessee from at least one-half hour prior to Lessor's first commuter passenger train in the morning stopping at Mt. Prospect until at least one-half hour after Lessor's last commuter passenger train stopping at Mt. Prospect for Chicago in the evening, . 24. Lessee has examined and knows the condition of the Premises and shall enter upon and take the same in their condition at the commencement of the term of this lease. 25. Lessee will pay for all heat and water consumed on the Premises, and for all electricity consumed on the Premises at Mt. Prospect.. 26. Any sale, assignment or transfer of this lease by Lessee without the previous consent of Lessor shall be void. ol . No act of Lessor, including acceptance of money by Lessor from any other party shall constitute a waiver of this provision. 27. In the event funds become available from either a public agency or other sources for the rehabilitation of railway stations, the Lessor agrees that it will cooperate with Lessee in their application for such funds in the acquisition of these funds and provided such rehabilitation in no way adversely affects Lessor's interests in the passenger station or adversely affects its commuter railway operation. -7- 28. Either party hereto shall have the right to terminate this lease by service of six -months' written notice. 29. Lessee agrees to pay for labor and material for replacement.. expansion and maintenance of Lessor's Mt. Prospect platform lighting facilities. Plans and specifications for this work shall be agreed upon jointly by Lessor and Lessee prior to start of any work. 30. Lessee agrees to pay for labor and materials for replacement and future maintenance of Lessor's Intertrack fence between Elmhurst Road (Rt. #83) and Emerson Street. Because of safety considerations both Lessor and Lessee hereby agree that all work in this connection shall be done by Lessor's employees. 31. This lease is subject to approval of the Regional Transportation Authority. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. WITNESS: WITNESS: (For Lessor) (For Lessee) CHICAGO AND NORTIRqESTER TRANSPORTATION COMPANY By THE VILLAGE OF MT. PROSPECT CHARGES BY THE VILLAGE BOARD TO COMMITTEES p COMMISSIONS AND INDIVIDUALS September 16, 1980 BUILDING COMMITTEE - Trustee Floros , Chairman ZBA 12-Z-79 308 W. Rand Road 4/4/79 ZBA 13-Z-79 310-314 W. Rand Road 6/5/79 ZBA 23-Z-79 705 W. Rand Road Water billing process ZBA 22 -SU -80 422 E. Northwest Highway 6/3/80 ZBA 23-V-80 111 N. Lancaster St. 7/1/80 ZBA 34-V-80 208 S. Albert St. 8/5/80 ZBA 35-V-80 1531 Lonnquist Blvd. 8/5/80 ZBA 36-V-80 700 E. Rand Road 8/5/80 ZBA 39-V-80 701 E. Prospect Ave. 9/2/80 ZBA 42-V-80 1003 Callero Circle 9/2/80 ZRA 40-A-80 Village of Mount Prospect 9/2/80 ZBA 43-A-80 Village of Mount Prospect 9/2/80 FINANCE COMMITTEE- - Trustee Miller,, Chairman Business License Fees 5/1/79 Feasibility of increasing liquor license fees 5/1/79 Cash and Fiscal Policy review 8/21/79 Review salaries of Mayor and Board of Trustees 11/6/79 Water billing process 12/8/79 Budget preparation process 3/4/80 Review of employee benefits 4/1/80 Finance Commission report on business & liquor license survey 8/5/80 FIRE AND POLICE COMMITTEE - Trustee Murauskis , Chairman 8/19/80 Maple Crest Subdivision water system 6/19/79 Development Code 8/7/79 Public Safety Department 4/1/80 LEGISLATIVE /JUDICIARY COMMITTEE - Trustee Richardson, Chairman Rob Roy Zoning Suit 12/5/78 Di Mucci Water Bills 12/5/78 Liaison with State Representatives Downtown Rehabilitation Loan Fund 8/7/79 Legislative Report Woodview Homeowners Association request for reimbursement of $2,,500 in legal fees (Brickman) 7/1/80 Village of Mount Prospect street lighting program 7/l/80 Licensing Not For Profit Corportations - Raffles & Changes 8/19/80 PUBLIC HEALTH AND SAFETY COMMITTEE - Trustee Wattenberg, Chairman IRMA 8/21/79 Bicycle Safety for commuters 5/15/79 NORTRAN Membership • 5/15/79 Request to increase tax! -cab fares 4/15/80 Police Facility Study 8/5/80 Highland and Rand Road (To be reviewed in February, 1981) 8/5/80 PUBLIC WORKS COMMITTEE - Trustee Farley, Chairman For continuing study: MFT Projects 1/7/78 Lake Briarwood drainage problem 6/5/79 Explanation of Recapture Ordinances 6/5/79 Water billing process 12/8/79 Acquisition of Lake Michigan water Future use of Central/Busse Detention Basion (MSD) 3/4/80 For Board Report: Cable T.V. 6/5/79 Leases for parking lots 8/19/80 Lease and maintenance of commuter station 8/19/80