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HomeMy WebLinkAbout8.2 1st reading of an ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TRUCK REPAIR BUSINESS FOR THE PROPERTY LOCATED AT 1117 E. ALGONQUIN ROAD (PZ-22-20)BUSINESSItem Cover Page wubject 1st reading of an ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TRUCK REPAIR E. ALGONQUIN ROAD (PZ -22-20) Meeting OF PROSPECT VILLAGE BOARD Impact a I so Category g o BUSINESSNEW ActionType The Petitioner, Borislav Kalachorov, proposes to operate a truck repair business at 1117 E. Algonquin Road (Subject Property). On September 1st, 2020, the Villagg Board voted to approve several text amendments to the zoning code. The approval incl• •; revisions to the land use table,now •sales,rental • repair as .; conditional use in the I-1 Limited Industrial.,". • -rcial Corridor zoningdistricts. The SubjectProperty • -d I-1. thus conditional u- approval is required. The Petitioner is proposing • occupy half of existing building Repair Inc., while the other half of - building proposed • be occupied r separate- • dba TouchstoneLogistics,- warehousing use is existingclassified as a permitted use under the land use table in the Zoning Code, therefore no further action is required. No significant interior changes to the building are proposed, however, the property owner proposes an expansion to the parking lot,and conditions of r •val would require some additional work which would require a building r business proposes to st• not more - one proposed • of operation for each business • • be . PM, Monday -Sunday.• of 1 emploare proposed for both tenants, with 2-3 trucks entering and exiting the property yees 1 ,laily. All truck repair and associated work will be done within the enclose building, and out of public sight. j The revised site plan for the expanded parking lot features 13 truck bays, and 23 regular parking stalls. The building is 30,000 square feet and by Code, 20 parking stalls are required (1 stall per 1,500 of gross floor area), thus the parking requirement is satisfied. Currently, little to no site landscaping exists in the front yard along Algonquin Road. To properly screen the proposed trucks within the expanded parking lot, significant landscaping will be required as a buffer between the expanded parking lot and Algonquin Road. Landscaping shall consist of large evergreens and shade trees,, and shall be required as part of the expanded parking lot permit. Staff ! reviewed e Petitioner's requestd is supportive.Algonquin '!.•. corridor is predominately zoned I-1 Limited Industrial, and the proposed use • h fit the characterofthe immediate,Petitioner, only 2-3 receivedtrucks would enter and exit the site daily., thus the impact on traffic is relatively low. While staff is supportive of the request, other agencies are involved in the expanded parking lot approval., and the Village will not approve any alteration to the parking lot until the proper agencies have approved the expansion., and until FEMA modifies the Higgins Creek floodway. Staff has not it , letters, or calls in support or denial request. At the Planning & Zoning Commission hearing on December 10th', the Commission recommended approval of -• by of 1. Discussion questions included the following • How will stormwater be diverted from the floodway? stormwater managementproposed on •• • Road. Further, many of the issues with the original, larger, expanded parking lot centered around the parking lot expansion in the rear of th( property. - discussions pertaining to stormwater mitigation submittal.IDNR, and MWRD,, the proposed site plan with the expansion occurrin( on the northern parking lot (front parking lot) is the preferred desigr should the expanded parking lot move forward through permi parking• Why is staff recommending approval of truck parking? o Truck parking is not the primary use of the property. Per Village Code, truck is permitted so longuse relates 2 significant portion of the use requires truck parking. Truck parking as a primary use is not permitted by Code. Due to site constraints, the proposed use and accompanying parking lot expansion represents the best way the vacant site can be filled while mitigating potential drainage issues. The Petitioner has submitted a letter requesting to waive the 2nd reading of the request. Alternatives 1. Approve a conditional use permit to operate a truck repair business at the Subject Property,, also known as 1117 E. Algonquin Road, subject to the following conditions: • A permit must be obtained through the Building Department to perform any expansion to the parking lot; • Significant landscaping shall be installed sufficient to screen the truck trailer parking in front of the property; • Compliance with all Development, Fire, Building, and other Village codes and regulations. IfIr 2. Action at discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board approve the request for a conditional use to operate a truck repair business for the Subject Property, also known as 1117 E. Algonquin Road,, subject to the conditions listed in the staff report. ATTACH M E NTS: Admin istrative—Content-pdf Plans-pdf Staff Report-pdf Waive Second Reading Request.pdf IDNR Permit.pdf Minutes. pdf CU PZ 22-20 1117 E Algonquin.pdf 3 Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) -T Hearing Date: Case Number: PBZ - Z 2-- Date of Submission: Project Name/Address: 1. Subject Property Address(es): 1'117 E, Al, 110"W"11 Rd. Mt Pm,5.sRec woo t'.,, -1L60056 Zoning District (s): , Property Area (Sq. Ft. and/or Acreage): Parcel Index Number(s) (PIN(s): 11. Zoning Request(s) (Check all that apply) El Conditional Use: For taick retiair shon., ALAJAAAAAA 146_tALA,X 1%* 4"'k, t"t L& ❑ Variation(s): To [] Zoning Map Amendment: Rezone From To f-] Zoning Text Amendment: Section(s) F] Other: El V. Property Owner [] Check if Same as Applicant Name: Joseph Lam pignano Corporation: TLMV 1117 Algonquin, LLC Address: 1900 Wright Blvd. City, State, ZIP Code: Schaumburg, IL 60193 Phone: 847-891-6000 Email: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and ccuriate, to the best of:, I y kn Wledge. ti V SPI led Applicant: Date". 'nat te) Y " I ZLU) 101 1,01 11,11S (Print or, Type Name) If applicant is not property owner: I hereby designate the , plicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the a,,,,, c ited, porting material, 44 Property Owner:Dat - e, (Si ature �° 0- "I All, (Print or Type Name) 14i Affidavit of Ownership STATE OF ILLINOIS Ilt Joseph Lampignano under oath, state that I am (print name) E] the sole owner of the property El an owner of the property D an authorized officer for the owner of the property commonly described a 1117 E. Algonquin Road, Mount Prospect, Illinois 60056 s,.. (property address and PIN) 08-23101-015-0000 and that such property is owned by TLMV 1117 Algonquin, LLC as of this date. (print name) Signature Subscribed and sworn to before me this m day of 2 0 �X, WARRANTY DEED (ILLINOIS) VILLAOR OF MOUNT PnosPECT 'R REAL ESTATE TRANSM TAX �j v 465 TfHS NDENTURE, made this J-:Lth day of October, 2018, between AMPCO METAL INCORPORATED, formerly known as Ampuo Acquisition Incorporated, an Illinois corporation ("Grantor"), oreated mid existhig under and by virtue of the laws of the State of Illinois, and duly authorized to transact business in the State of 111m,ois, and TLMV 1117 ALGONQUIN, LLC, an Illinois limited liability company �'Grantee'% created and existing under and by virtue of the Laws ofthe State of Illinois, duly authorized to transact business in the State of Illinois, for and in consideration of Ten and no/100 ($10.00) DOLLARS, and other good and valuable consideration in hand paid by the Grantee, receipt of which is hereby acknowledged, and pursuant to authority given by the Members of said limited liability company, by these presents does REMISE, RELEASE, ALIEN AND CONVEY to the Grantee, FOREVER, all the following described Real Estate, situated 'in the County of Cook,'in the State of Illinois known and descrlibed as follows, to wit: The East 235feet of the West 112 of the Northwest 114 ofSection 23, Township 41 North, Range 11, East ofthe Third Principal Meridian, lying South ofthe South line ofAlgonquln Road as dedicated by instrument recorded as document 11195786, (except the South 658.83fect thercoj) In Cook County, Illinois. Permanent Real Estate Index Number: 08-23-101-015-0000 M1 NIT a 11 Together with all and singular tile hereditaments and appurtenances belonging orin any way appertaining thereto, and the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, mWerest, claim 6 or demand whatsoever, of the Grantor, either m law or equity, of, 'in and to the above described premises, without the hereditaments and appurtenances: TO HAVE AND TO HOLD said premises as above described, with the appurtenances, to the Grantee. And the Grantor, for itself, and its successors, does covenant, promise and agree, to and with the Grantee, andits successors, that it has not done or suffered to be done, anything whereby said premises hereby are granted, or may be., in any manner encumbered or charged, except as herein recited-, and that it WILL WARRANT AND DEFEND said premises against all persons lawfully claiming the same, by, through or under it, subject to those matters set forth below, r -A In Witness Whereof, the party of the first part has caused its nm-ne to be, signed to these presents by its authorized signatory, the day mid year first above written AMPCO METAL WCORPORATED, formerly known as Ampeo Acquisition Incorporated, an Illinois corporation By; Luis 1. Bento, Pre, Ade STATE OF ILLIN01S. COUNTY OF COOK SS 1, theu,,tid,,,,crs'j',gnec�,-aNc>fwy Public, in and for said County and State, DO HEREBY CERTIFY, that Luis J. Bento, personally knoloni to me to be the President of said corporation, 0 and personally known to me to be flie sarne person whose natne is subscribed to the foregoing instrument, appeared before me thi's day in persODand acknowledged as President, he signed and delivered said instrument pursuant to authority granted by the Shareholders of said corporation, as his free and voluntary act, and as the free and voluntary act mid deed of said corporation company, for the uses and purposes therein set forth. Given under my hand and official seal, this ) day of October, 2018, WIT, OFFIML SEAL TAMW HAYDEN NOTAF�Y MOLIC - WE OF UINPIS MY COMM, This ftistTument was prepared by: Natasha Adler, Waltz, Palmer & Dawson, LLC 3701 Algonquin Road, Suite 300 Rolling Meadows, 11, 60008 ZOOM= Paul A. Gr000 DiMonte and LizA 216 Higgins Rd Ridee, IL 600 Send Subsequent Tax Bills To: TLMV 1117 ALGONQUIN7 LLC 1900 Wright Blvd, Schaumburg, IL 60193 0.1 PLAT ACT AFFWAVIT STATE OF ILLINOIS Iss COUNTY OF COOK Air ly Aqsi :q,,L Dmez knownasAmp , t1A..ncorp,,ojM being duly sworn on oath, states that it is the @tqdx'= x." go q: - owner of the property at 1, 11 J'E. Al , L 11Wio s 60056. That the attached deed is not in violation of 765 ILCS 205/1 for one of the following reasons: paid, Act is not applicable as the grantors own no adj o' in ing property to the premises described in said deed; OR- - --- --- ............. . . the conveyance falls in one of the following exemptions as shown by Amended Act which became effective July 17, 1959. 2 The division or subdivision of the land into parcels or tracts of five acres or more of size which does not involve any new streets or easements of access. 3 The division of lots or blocks of less flian one acre in any recorded subdivision which does not involve any now streets or easements of access. 4 The sale or exchange of parcels of land between owners of adjoimig and contiguous land, 5 The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facflities, which does not involve any new streets or easement of access. 6 The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements ofaccess, 7 The -conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with public use. 8 Conveyances made to correct descriptions in prior conveyances. 9 The sale or exchange of parcels or tracts of land existing on the date of the amendatory Act into no more than two parts and not involving any new streets or easements of access. Affiant farther states that he makes this affidavit for the purpose of inducing the Recorder of Deeds of Cook County, Illinois, to accept the attached deed for recording,, 2 0 Luis J. Bentf), President SU13SCIUBED AND SWORN to before me this day of October, 2018. (XV ION ;)`PAL TAMMY HAYDEN NOTACRY PUBLICO -STATE OF ILLINOIS W .OMMISSIN "PIRES.-0610811 9 ELWA WZ.1 � 09.7-M E k1A I on W 0 = W -A W -A 2019 Second Installment Property Tax Bill - Cook County Electronic Bill . . ............. .......... - . . ............................... By 11101/2020 $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-23-101-015-0000 050 16081 2019 (2020) ELK GROVE 5-93 PAYMENT 1110212020 - 12/01/2020 12/02/2020 - 01/01/2021 01102/2021 - 02/01/2021 77,389.55 SCHEDULE $0.00 $0.00 Senior Citizen Exemption .00 $0.00 Senior Freeze Exemption .00 2019 State Equalizer X 2.9160 - ------- - - AXING DISTRICT BREAKDOWN -- - ---- 2019 Total Tax After Exemptions 893,025 Taxing Districts 2019 Tax 2019 Rate 2019% Pension 2018 Tax MISCELLANEOUS TAXES 77,389.55 Northwest Mosq Abatement Dist Wheeling 89.30 0.010 0.12% 98.36 Metro Water Reclamation Dist of Chicago 3,473.87 0.389 4.49% 384.00 3,540.80 Mt Prospect Park District 4,884.85 0.547 6.31% 625.11 5,659.91 Miscellaneous Taxes Total 80448.02 0.946 10.92% 9,299.07 SCHOOL TAXES Harper College Comm College 512 Palatine 3,598.89 0.403 4.65% 3,961.04 Township HS District 214 (Arlington Hts) 21,039.67 2.356 27.19% 759.07 23,864.62 Community Consolid. SD 59 Arlington Hts 24,567.12 2.751 31.74% 741.21 28,371.09 School Taxes Total 49,205.68 5.510 63.58% 56,196.75 MUNICIPALITY/TOWNSHIP TAXES Mount Prospect Library Fund 5,349.22 0.599 6.91% 6,223.22 Village of Mount Prospect 8,823.09 0,988 11.40% 3,295.26 10,220.03 Road & Bridge Elk Grove 125.02 0.014 0.16% 143.06 General Assistance Elk Grove 98.23 0.011 0.13% 116.24 Town of Elk Grove 491.16 0.055 0.63% 590.13 Municipality/Township Taxes Total 14,886.72 1.667 19.23% 17v292.68 COOK COUNTY TAXES Cook County Forest Preserve District 526.88 0.059 0.68% 17.86 536.48 Consolidated Elections 267.91 0.030 0.35% 0.00 County of Cook 2,455.83 0.275 3.17% 901.95 2,852.33 Cook County Public Safety 1,196.65 0.134 1.55% 1,099.79 Cook County Health Facilities 401.86 0.045 0.52% 420.25 Cook County Taxes Total 4,849.13 0.543 6.27% 4,908.85 (Do not pay these totals) 77,389.55 8.666 100.00% 87,697.35 2018 Assessed Value 307,170 2019 Total Tax Before Exemptions 77,389.55 Homeowner's Exemption .00 Senior Citizen Exemption .00 2019 Assessed Value 306,250 Senior Freeze Exemption .00 2019 State Equalizer X 2.9160 2019 Equalized Assessed Value (EAV) 2019 Total Tax After Exemptions 893,025 77,389.55 2019 Local Tax Rate X 8.666% First Installment 48,233.54 2019 Total Tax Before Exemptions Second Installment + 29,156.01 77,389.55 Total 2019 Tax (Payable in 2020) 77,389.55 TLMV 1117 ALGONQUIN 1117 E ALGONQU IN RD 1900 WRIGHT BLVD MOUNT PROSPECT IL 60056 0000 SCHAUMBURG IL 601934587 *** Please see 2019 Second Installment Payment Coupon next page *** 10 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 ILC S 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. CUT & INCLUDE WITH PAYMENT �' � �' � �' � � � �[ � �' 'W 4— TOTALPAYMENT bU t AMPORTANT PAYM I ENT MESSAGES T3LG Property Index Number (PIN) Volume $0.00 Cook County eBili 08-23-101-015-0000 050 By 11/0112020 Click to pay online Amount Paid If paying later, refer to amounts above. ji, SN 0020190200 RTN500001075 AN (see PIN) TC 008911 [$ 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 08231010150000/0/19/F/0000000000/2 11 z� Standards Of The Proposed Conditional Use Of The Property 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; The special use requested is for truck repair. The storage of all grease, fuel, brake cleaner, engine oil will be in environmentally safe containers. All waste products will be removed from the Premises not less than one (1) time per month by licensed waste haulers. All truck repairs will be performed inside the building and out of public site. Trucks waiting for pick up or repair will be parked on the outside of the premises and will be locked up at all times. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; The use of the property for truck repairs, the parking of trucks, the loading and unloading of trucks, warehousing of material and offices are consistent with the uses of adjoining properties and will not substantially diminish and impair property values. The property to the east contains motor vehicle repair shops, spaces for the parking of motor vehicles, and storage. To the south is a vehicle safety inspection facility. The north side of the premises is Algonquin Road. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; The site is a stand-alone property with direct access to and from Algonquin Road. As such, any activities performed on this site would have no impact on neighboring properties who have their own direct access to and from Algonquin Road. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; The site has City water and sewer. There are two storm water retention ponds what would not be impacted by the proposed use. As stated above, access to and from the site is directly from Algonquin Road. There are plenty of onsite parking spaces to handle the parking demands of the fifteen full time employees and 15 truck drivers. There are also existing public rest rooms inside the building. 13 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; There is a left turn lane on Algonquin Road to turn into the Property. The hours of operation for the truck repair business will be 7:00 am to 6:00 pm. During this period of time, it is anticipated that not more than two (2) to three (3) trucks per hour will be entering or leaving the property. No roadway reconfiguration would be required. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; The proposed conditional use would not be a detriment to any current comprehensive plan as the proposed use would supply a needed service to the area. 7. That the 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. That the conditional use shall, in all other respects, conform to the applicable regulations of this zoning district. The proposed use as a truck repair shop, parking of trucks, office space, loading and unloading of trucks and warehousing of products is consistent with the uses of surrounding properties as set forth above. 14 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made as of , 2020 by and among TLMV 1117 ALGONQUIN, LLC, an Illinois limited liability company, ("Landlord"), and C&K TRUCK REPAIR, INC., an Illinois corporation ("C&K") and TOUCHSTONE LOGISTICS INC., an Illinois corporation ("Touchstone") (C&K and Touchstone are referred to in this Lease singly and collectively, and jointly and severally, as "Tenant"), who hereby mutually covenant and agree as follows: ARTICLE ONE GRANT, TERM, DEFINITIONS AND BASIC PROVISIONS 1.0 Basic Lease Provisions. The following terms ("Basic Lease Provisions") are defined as follows: (a) Commencement Date: The earlier of (i) the date on which Conditional Use Approval (as hereafter defined) is obtained, or (ii) the date Tenant occupies any part of the Premises for any purpose. Upon written request by either party, the parties shall execute a written confirmation of the Commencement Date and Expiration Date. (b) Lease Term: Three (3) years after the Commencement Date, except that if the Commencement Date does not fall on the first day of a month, then the Lease Tenn shall end on the last calendar day of the same month which is three (3) years after the Commencement Date. (c) Expiration Date: The date which falls three (3) years after the Commencement Date, except that if the Commencement Date does not fall on the first day of a month, then the Expiration Date shall be the last calendar day of the same month which is three (3) years after the Commencement Date. (d) Purpose: (i) Truck parking on the exterior of the Premises (ii) loading, unloading and warehousing of materials, and (iii) truck repair in the interior of the Building (e) Base Rent: Track A Base Rent: YEAR 1 $276,000.00 per year; $23,000.00 per month. 1 15 YEAR 2 $284,280.00 per year; $23,690.00 per month. YEAR 3 $292,808.40 per year; $24,400.70 per month. Track B Base Rent: YEAR 1 $336,000.00 per year; $28,000.00 per month. YEAR 2 $346,080.00 per year; $28,840.00 per month. YEAR 3 $356,462.40 per year; $29,705.20 per month. The foregoing Base Rent is subject to abatement as provided in Article Four. For the purposes of this Section 1.0, the term "Year" shall mean each twelve month period commencing on the Commencement Date or an anniversary thereof, except that the last Year shall end on the Expiration Date. Prior to the substantial completion of the Parking Lot Work (as hereinafter defined), Tenant shall pay base rent in accordance with the Track A Base Rent schedule above. Upon substantial completion of the Parking Lot Work and at all times thereafter during the Lease Term, Tenant shall pay base rent in accordance with the Track B Base Rent schedule above. If the substantial completion date of the Parking Lot Work does not fall on the first day of a month, Base Rent shall be prorated between Track A Base Rent and Track B Base Rent for the month during which substantial completion of the parking Lot Work occurs. Upon written request by either party, the parties shall execute a written confirmation of the commencement of Base Rent payments under the Track B Base Rent schedule. (f) Tenant's Address: C&K Truck Repair, Inc. 1012 Emerald Drive Schaumburg, Illinois 60173 Attention: Borislov Kalachorov Touchstone Logistics Inc. 601 W. Huntington Commons Road, Unit 312 Mount Prospect, Illinois 60056 0) 16 Attention: Lyubomir Lyubenov After occupancy Tenant's Address shall be at the Premises. (g) Landlord's Address: 1900 Wright Blvd., Schaumburg, Illinois 60193. (h) Area of Building: Approximately Thirty Thousand (30,000) square feet. (i) Security Deposit: Forty -Six Thousand Dollars ($46,000.00). (j) Guarantors: Borislov Kalachorov and Lyubomir Lyubenov. 1.1 Grant. Landlord, for and in consideration of the rents and other sums herein reserved and of the covenants and agreements herein contained on the part of the Tenant to be performed, hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises hereafter described. The "Premises" are comprised of and defined as (i) that parcel of land ("Land") located at 1117 East Algonquin Road, Mount Prospect, Illinois and legally described on Exhibit A attached hereto, (ii) a warehouse building located on the Land, together with all alterations, additions and replacements thereof and all equipment, fixtures, walks, drives, parking areas, loading areas, landscaping and other improvements now or hereafter erected or placed into service on the Land (collectively the "Building"), and (iii) all easements appurtenant to the Land. 1.2 Lease Term. The Lease Term shall commence on the Commencement Date and shall expire on the Expiration Date, unless extended or sooner terminated in accordance with the terms of this Lease. ARTICLE TWO POSSESSION 2.0 Delivery of Possession. Tenant acknowledges that it is fully familiar with the condition of the Premises and has, prior to the Commencement Date, made such inspections as it desires of the Premises and all factors relevant to its use. Tenant shall accept the Premises in its "AS IS" condition except as otherwise expressly provided herein. Except as expressly provided herein, no representations, warranties or agreements as to the condition or repair of, or improvements to, the Premises have been made by or on behalf of Landlord. Landlord makes no representation or warranty regarding the status or availability of legal use, permitted use or conditional use of the Premises, or of the suitability of the Premises for the Purpose set forth in the Article One. Tenant's taking possession of the Premises shall be conclusive evidence that the Premises were suitable for Tenant's intended purposes as of the date thereof, that Tenant accepts the 3 17 condition of the Premises, and that Tenant waives all claims relating to the condition of the Premises. Landlord shall use reasonable efforts to deliver possession of the Premises to Tenant on the Commencement Date. If Landlord is unable to deliver possession of the Premises to Tenant on the Commencement Date, this Lease shall remain in effect and shall not be terminable, nor shall the Lease Term be extended, but Tenant's Rent (as hereinafter defined) obligations hereunder shall abate until possession is so delivered. 2.1 Lease ContingencX;, Conditional Use Approval. This Lease is contingent upon Tenant obtaining at its sole and exclusive cost and expense, within ninety (90) days following the date of this Lease, conditional use approval from the Village of Mount Prospect for the following uses of the Premises: (i) exterior truck parking in accordance with the Parking Lot Work; and (ii) interior truck repair ("Conditional Use Approval"). Tenant shall use all commercially reasonable efforts to obtain the Conditional Use Approval within ninety (90) days following the date of this Lease, and shall provide Landlord monthly updates on the status of its conditional use application, including copies of all documents and/or correspondence submitted to the Village of Mount Prospect and summaries of discussions with Village officials. Tenant shall be solely responsible to complete all applications and filings and to attend all meetings necessary in order to obtain Conditional Use Approval. Landlord shall reasonably cooperate with Tenant in connection with its application for Conditional Use Approval In the event that exterior truck parking and interior truck repair are legally permitted without first obtaining approval from the Village of Mount Prospect, then Conditional Use Approval shall be deemed to be obtained for purpose of this Lease. In the event Tenant has not obtained Conditional Use Approval within ninety (90) days following the date of this Lease, Landlord may terminate this Lease by delivering written notice to Tenant (provided Conditional Use Approval has not been obtained at the time of such notice delivery) and upon such termination neither party shall have any further obligations hereunder 2.2 Landlord's Work. (a) Prior to, or within a reasonable time following, the Commencement Date, Landlord shall, at its sole and exclusive expense, perform the following work at the Premises: (i) increase the height of the garage door located in the back of the Building to 14 feet; (ii) inspect the triple basin system and cause it to be in working condition. (b) Following the Commencement Date, and provided that Landlord has received approval from the Army Corps of Engineers as well as any necessary approval from the Village of Mount Prospect, Landlord shall at its sole and exclusive cost and expense perform parking lot work to provide for exterior truck parking at the Premises. ("Parking Lot Work"). C! 18 ARTICLE THREE USE 3.0 Permitted Use. The Premises shall be used and occupied only for the purposes set forth in Section 1.0. 3.1 Prohibition of Use. Tenant shall not use the Premises in any manner that would (a) violate any law or ordinance or other governmental regulation, or be prevented by injunction, (b) render the insurance on the Premises void or increase Landlord's insurance premiums, (c) be unlawful, (d) constitute a public or private nuisance or unreasonably disturb or interfere with other occupants of the Building, (e) materially damage or waste the Premises or materially diminish the value or usefulness of the Premises, (f) give rise to a claim of adverse possession or usage by the public or any third party, or (g) result in the storage, use, generation, release or distribution of dangerous or Hazardous Materials (as hereafter defined). If any particular use, activities or operations of Tenant in the Premises should at any time during the Lease Term be prohibited as aforesaid, this Lease shall not be thereby terminated, nor shall Tenant be entitled by reason thereof to surrender the Premises or to any abatement or reduction in rent, nor shall the respective obligations of the parties hereto be otherwise affected, and this Lease shall continue, but Tenant shall cease such use. ARTICLE FOUR RENT 4.0 Base Rent. Commencing on the Commencement Date, Tenant shall pay Base Rent as set forth in the Basic Lease Provisions, in equal monthly installments in advance, on the first day of each month during the term hereof. Base Rent shall be prorated for partial months or years within the Lease Term. 4.1 Payment of Rent. All charges, costs and sums required to be paid by Tenant to Landlord under this Lease in addition to Base Rent, including without limitation payments on account of Taxes (as defined below), shall be deemed additional rent ("Additional Rent"). Base Rent and Additional Rent are hereinafter collectively referred to as "Rent". Tenant's covenant to pay Rent shall be independent of every other covenant in this Lease. Rent shall be paid to or upon the order of Landlord at the Landlord's Address set forth in the Basic Lease Provisions, or as Landlord shall otherwise direct by written notice to Tenant. All payments of Rent shall be made without any prior demand therefor and without deduction, set off, discount or abatement in lawful money of the United States. If paid by check, such check shall be drawn upon a Federal Reserve Member Bank located in the State in which the Premises are located. 5 19 4.2 Late Charges. If any payment of Rent is not received by Landlord within five (5) days after the date due, then Tenant shall pay Landlord a late charge equal to five percent (5%) of the amount of said delinquent payment. 4.3 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of Rent hereunder shall be deemed to be other than on account of the amount due, and no endorsement or statement on any check or any letter accompanying any check or payment of Rent shall be deemed an accord and satisfaction, and Landlord may accept such check as payment without prejudice to Landlord's right to recover the balance of such installment or payment of Rent or pursue any other remedies available to Landlord. No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right of possession of the Premises shall reinstate, continue or extend the Lease Term or Tenant's right of possession. 4.4 Abatement of Rent. Provided that Tenant is not in default under this Lease Base Rent shall abate during the first three months of Year 1 at the rate of 50% (that is, if Tenant is paying Track A Base Rent, then Tenant shall pay $11,500 for each of the first three months of Year 1 and if Tenant is paying Track B Base Rent, then Tenant shall pay $14,000 for each of the first three months of Year 1). In the event of a default by Tenant, all abated Rent shall be immediately paid to Landlord. ARTICLE FIVE TAX INCREASE PAYMENTS 5.0 Additional Rent; Taxes. Tenant shall pay, as Additional Rent, the amount of all Taxes (as hereafter defined) that are above the amount of all 2019 Taxes (payable in 2020), up to a maximum Tenant obligation for increases in Taxes of $12,000 with respect to each Lease Year, regardless of the amount of any increase in Taxes from the 2019 Taxes in any prior Lease Year. For purposes of clarity, if the amount of Taxes for two consecutive Lease Years within the Lease Term were $14,000 higher than the amount of 2019 Taxes with respect to the first such Lease Year and $24,000 higher than the amount of 2019 Taxes with respect to the second such Lease Year, Tenant would be obligated to pay $12,000 of the increase in Taxes for each such Lease Year. 5.1 Taxes. "Taxes" shall mean all federal, state and local governmental taxes, assessments and charges (including transit or transit district taxes or assessments) of every kind or nature, whether general, special, ordinary or extraordinary, which shall be levied against the on 20 Premises or which Landlord or Tenant shall become obligated to pay because of, or in connection with, the ownership, leasing, management, control or operation of the Premises, as now or hereafter improved, or the personal property, fixtures, machinery, equipment, systems and apparatus located therein, or used in connection therewith, including without limitation any rental, gross receipts, capital levy or similar levies, charges, assessments or taxes based in whole or part, on the value, use or rents of the Premises, whether levied in substitution for, in lieu of, or in addition to, general real and/or personal property taxes. Taxes shall not include any federal, state or local income, corporate, franchise, capital stock, inheritance, gift or estate taxes, except that if a change occurs in the method of taxation resulting in whole or in part the substitution of any such taxes, or any other assessment, for any Taxes as above defined, such substituted taxes or assessments shall be included in the Taxes. For the purposes hereof, Taxes for any Lease Year shall be Taxes which are payable in such year regardless of when such taxes are assessed or become a lien. If a special assessment payable in installments is levied against the Premises, Taxes for any Lease Year shall include only the installment of such assessment and any interest payable or paid during such year. Taxes that are payable during the first and last Lease Year in the term shall be prorated between Landlord and Tenant and any increases due from Tenant hereunder shall be based on such proration. 5.2 Protest of Taxes. Landlord may from time to time protest or challenge Taxes for any Lease Year and in such event Tenant shall pay a prorated amount (based on Tenant's obligation to pay increases in taxes under this Article) of all fees, costs and expenses (including reasonable attorneys' fees and costs) paid by Landlord during or on account of such Lease Year in seeking or obtaining any refund or reduction of Taxes, but not to exceed the amount of any such refund or reduction obtained. 5.3 Lease Year. For purposes of this Lease, the term "Lease Year" shall mean each calendar year (or portion thereof, if the Lease shall commence after January 1 or terminate prior to December 31) within the Lease Term. 5.4 Escrow for Tax Increases. Tenant shall deposit with Landlord in monthly installments such sum as Landlord or its mortgage lender shall reasonably estimate from time to time as the annual amount of all Tax increases for which Tenant is obligated hereunder. Within ninety (90) days after the end of each Lease Year, Landlord shall provide Tenant with an accounting of all Taxes incurred with respect to said Lease Year. If the estimated payments made by Tenant on account of said Lease Year exceed the amount of Taxes for said Lease Year, Landlord shall credit the difference to Tenant's future Rent obligations or, if the Lease Term has expired, Landlord shall pay Tenant the remaining portion of such excess within ninety (90) days following Tenant's vacation of the Premises; provided, however, that Landlord may treat such remaining excess as an additional amount of Security Deposit and apply it in accordance with the provisions 7 21 of Section 19.26 hereof. If the Taxes for said Lease Year exceed the estimated payments made by Tenant on account thereof, Tenant shall pay the difference to Landlord on demand. ARTICLE SIX INSURANCE 6.0 Kinds and Amounts. Tenant, at its sole cost and expense, shall obtain and continuously maintain in full force and effect during the Lease Term: (a) Comprehensive general liability insurance covering claims arising from occurrences on, about or with respect to the Premises, with a minimum of Two Million Dollars ($2,000,000.00) combined single limit coverage, on an occurrence basis. Such insurance shall specifically insure (by contractual liability endorsement) Tenant's obligations under Section 13.1 of this Lease. (b) Boiler and pressure vessel (including, but not limited to, pressure pipes, steam pipes and condensation return pipes) insurance, but only if the Building contains a boiler or other pressure vessel or pressure pipes, in an amount reasonably satisfactory to Landlord. (c) Whenever and so long as any construction work or alteration work is in progress at or on the Premises, Tenant shall procure builder's risk insurance on a completed value form and allrisk basis with a replacement cost provision. During all periods of such construction, Tenant shall also maintain in effect Worker's Compensation Insurance in amounts required by State law. (d) Such other insurance, and in such amounts as may from time to time be reasonably required by Landlord, against other insurable hazards which at the time are, in Landlord's judgment, commonly or prudently insured against in the case of premises and/or buildings or improvements similar in construction, design, general location, use and occupancy to those on or appurtenant to the Premises. 6.1 Named Insureds: Co -Insurance. All liability policies required to be maintained by Tenant shall name Landlord, Landlord's mortgagee, and their respective agents, employees, partners, officers and directors (and such others as may from time to time be named by Landlord) as additional insureds. If Landlord so requests, the holder of any mortgages or ground leases on the Premises shall be named on such property policies pursuant to a standard mortgagee clause. Tenant shall comply with, observe and perform all provisions and requirements of all policies of N 22 insurance at any time in force with respect to the Premises. Tenant shall not take out separate property insurance concurrent in form or contributing in the event of loss with that required hereunder, unless Landlord is included therein as a named insured with loss payable as provided above. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. Tenant shall increase the limits of the policies required hereunder as Landlord may request from time to time. 6.2 Deductibles; Evidence of Insurance. Each policy required under this Article shall have a deductible of no more than Ten Thousand Dollars ($10,000.00) and in the event of a loss, Tenant shall pay the amount of such deductible to Landlord. Each policy shall have attached thereto (i) an endorsement that such policy shall not be cancelled or materially changed without at least thirty (30) days prior written notice to Landlord and any named mortgagee, and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any person. All policies of insurance shall be written by companies satisfactory to Landlord and licensed in the State in which the Premises are located, and shall be written in such form as shall be satisfactory to Landlord. Certificates of insurance acceptable to Landlord, copies of all insurance policies, and evidence of payment shall be delivered to Landlord upon commencement of the term and prior to expiration of any policy. 6.3 Tenant's Personal Property Coverage. Tenant shall maintain insurance coverage (including loss of use and business interruption coverage) upon Tenant's business and upon all personal property of Tenant or the personal property of others kept, stored or maintained on the Premises against loss or damage by fire, windstorm or other casualties or causes with commercially reasonable limits. Tenant hereby waives, releases, and discharges Landlord, its agents and employees from and against all claims whatsoever arising out of loss, claim, expense or damage to or destruction of any such personal property or to Tenant's business notwithstanding that such loss, claim, expense or damage may have been caused by Landlord, its agents or employees, and Tenant agrees to solely look to its insurance coverage in the event of such loss. 6.4 Blanket Policies. Tenant may satisfy the liability insurance requirements under this Article under a blanket insurance policy or policies which may cover other properties occupied by Tenant provided, however, that any such policy of blanket insurance shall (i) specify the limits exclusively allocated to the Premises; and (ii) as respects the Premises, contain all the various provisions required of such an insurance policy by the foregoing provisions of this Article. The Premises shall be named on any umbrella liability policies of Tenant. 6.5 Fire Protection. Tenant shall comply with all applicable building and fire codes, laws and ordinances, including without limitation the all applicable rules and regulations of the Board of Fire Underwriters, the fire department or marshall wherein the Premises are situated, and I 23 the property insurance carrier. In the event that the Premises are served by a sprinkler system, Tenant will cause the same to be served by a sprinkler monitoring system connected to the local fire department or to a qualified monitoring service approved by Landlord. 6.6 Mutual Waiver of Subrogation Rights. Whenever (a) any loss, cost, damage or expense resulting from fire, explosion or any other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through, or under it in connection with the Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage or expense or is required under this Lease to be so insured, then the party so insured (or so required to be insured) hereby releases the other party from any liability said other party may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so required) and waives any right of subrogation which might otherwise exist in, or accrue to, any person on account thereof, provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage. ARTICLE SEVEN COMPLIANCE WITH LAWS 7.0 Compliance. Tenant shall, throughout the Lease Term, at Tenant's sole cost and expense, promptly comply with, and remove or cure violations of, any and all present and future laws, ordinances, orders, rules, regulations, guidelines and requirements of all Federal, State, municipal and other governmental bodies having jurisdiction over Tenant, the Premises and the operations or activities conducted therein, regardless of whether the compliance, curing or removal of any such violation and the costs and expenses necessitated thereby shall have been foreseen or unforeseen, ordinary or extraordinary, and whether or not the same shall be presently within the contemplation of Landlord or Tenant or shall involve any change of governmental policy, and irrespective of the costs thereof. 7.1 Observance of Matters of Record. Tenant shall comply with the terms and requirements of all permits issued by governmental authorities issued in connection with use or operation of the Premises. ARTICLE EIGHT REPAIRS AND MAINTENANCE 8.0 Tenant's Repair Obligations. Tenant, at its sole and exclusive cost and expense, shall take good care of the Premises, and shall keep the same in first-class order and condition, and 10 24 shall promptly make and perform all necessary maintenance thereof and repairs thereto, interior and exterior, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description, except as expressly set forth in Section 8.1 below. Without limiting the foregoing, and except as expressly set forth in Section 8.1 below, Tenant, at its sole and exclusive cost and expense, shall take good care of the Premises and repair, maintain and replace as necessary and in good order and condition all mechanical, electrical, plumbing and HVAC systems and components, floors, loading areas, walls, wall coverings/paint, wall sealant, doors, windows and all other building components, refuse and loading areas, and entrances and passageways, provided the same are located within the Premises. Tenant shall promptly remove all accumulated snow, ice, litter and debris from any and all driveways, pathways, roadways, sidewalks, curbs, parking areas, loading areas, entrances and passageways, remove graffiti, and keep all portions of the Premises in a clean, orderly and lawful condition. Except in case of emergency, Tenant shall not go upon the roof without the prior consent of Landlord. All repairs made by Tenant shall be at least equal in quality to the original work and shall be made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any damage or injury to the Premises or persons. 8.1 Landlord Repair Responsibilities. Landlord shall, at its sole and exclusive cost and expense, (i) maintain, repair and replace, as necessary, the roof and structure of the Building; (ii) replace the HVAC systems of the Building as necessary; (iii) repair, maintain and replace, as necessary, the parking and driveway areas of the Premises; and (iv) perform grass cutting and other landscaping work on the Premises. Landlord shall not be deemed in default of this Section unless Tenant has first given Landlord written notice of any repairs required of Landlord and Landlord has not effected such repairs within thirty (30) days after receipt of such notice or such longer period as may be reasonably required to effect such repairs. Furthermore, Landlord shall not be required to perform or pay for any of repair or replacement work described in this Section 8.1 to the extent that such repair or replacement work is due to Tenant's damage to the property. Except as otherwise expressly provided herein, Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in, about or to the Premise and Tenant shall assume full and sole responsibility for the condition, operation, repair, replacement, and maintenance of the Premises and waives any rights created by any law now or hereafter in force that require Landlord to make repairs to the Premises. 8.2 Covenant Against Waste. Tenant shall not commit or suffer any waste or damage, disfigurement or injury to the Premises or permit or suffer any overloading of the floors, electrical or other systems or otherwise use the Building in a manner that would place an undue stress on the same beyond safe or design limits. 11 25 ARTICLE NINE ALTERATIONS 9.0 Alterations. Tenant shall not perform any alterations, additions, demolition, installations, or improvements in, on, of or to the Premises ("Alterations") without Landlord's prior written consent, which Landlord shall not unreasonably withhold. No Alterations shall be permitted that, in Landlord's sole discretion, adversely affect the Building's systems, structure or exterior appearance, or value or marketability of the Premises. Landlord may, as a condition of its consent to any Alterations, require Tenant to post a bond or other security reasonably satisfactory to Landlord to insure the completion of any Alterations costing more than Ten Thousand Dollars ($10,000.00). Before commencement of any Alterations, Tenant shall furnish to Landlord final architectural plans and specifications incorporating Landlord's required revisions to Tenant's plans and specifications, if any, and shall also furnish evidence satisfactory to Landlord of Tenant's ability to pay for such Alterations, names and addresses of all general contractors and mechanical and electrical subcontractors, copies of all contracts for such contractors and subcontractors, copies of necessary permits and licenses, and copies of certificates of insurance covering such work in form and amount satisfactory to Landlord. All Alterations shall be performed in accordance with all applicable laws, codes, regulations, ordinances and rules. All Alterations shall be performed in a good and workmanlike manner by tradesmen skilled in their respective trades, using only new materials. 9.1 Liens and Claims. To the extent permitted by law, all of Tenant's contracts and subcontracts for such Alterations shall provide that no lien shall attach to or be claimed against the Premises or any interest therein other than Tenant's leasehold interest in the Premises, and that all subcontracts let thereunder shall contain the same provision. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord harmless against all liens, claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. 9.2 Payment for Alterations. Tenant shall pay the cost of all Alterations. Upon completion of each Alteration, Tenant shall furnish Landlord with customary contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith, and "as built" plans thereof or a certificate from Tenant's architect that the Alterations were performed in accordance with the plans and specifications approved by Landlord. 9.3 Ownership and Removal of Alterations. All Alterations and Tenant's Work shall, upon installation, become part of the Premises, shall be owned by Landlord, and shall, unless Landlord requires removal, remain in the Premises at the expiration or termination of this Lease or termination of Tenant's right to possession of the Premises, without compensation or credit to 12 26 Tenant. If Landlord requires the removal of any Alteration or part thereof, Tenant shall remove all such items and restore the Premises to their original condition, ordinary wear and tear excepted upon expiration or termination of this Lease. If Tenant does not so remove all such items and restore the Premises to their original condition, then Tenant shall be default of this Lease and Landlord may then perform such work and Tenant shall indemnify Landlord for all of Landlord's costs and expenses to perform such work. ARTICLE TEN ASSIGNMENT AND SUBLETTING 10.0 Landlord's Consent Required. Tenant shall not sell, assign, mortgage, hypothecate, pledge or in any other manner transfer or encumber any of its interest in this Lease or sublet or permit others to use or occupy any portion of the Premises, or grant any license, concession, franchise or other rights or interest in this Lease or the Premises, voluntarily, by operation of law or otherwise (all of the foregoing are sometimes referred to collectively as a "Transfer") without in each case obtaining Landlord's prior written consent. 10.1 Attempted Transfers. (a) If the Premises or any part thereof or any interest in the Lease are transferred, whether or not in violation of this Article, Landlord may collect rent from the Transferee. In such event, Landlord shall apply the net amount collected to the Rent due under this Lease, but no such collection or application shall be deemed a waiver of any term, covenant or condition of this Lease or the consent to such Transfer or acceptance by Landlord of such Transferee. (b) Any attempt by Tenant to Transfer an interest in this Lease or the Premises, by document or other agreement or by operation of law in violation of the terms of this Lease, shall be void and confer no rights on any third party and shall, at Landlord's option, constitute a default under this Lease. The consent by Landlord to any Transfer shall neither constitute a waiver of the necessity of such consent to any subsequent Transfer. No Transfer, whether or not Landlord's consent is given, shall relieve Tenant of its liability and obligations under this Lease. 10.2 Partnership, Corporate or Trust Transfers. If Tenant or the beneficiary of Tenant is a partnership, a withdrawal or change, voluntary, involuntary or by operation of law, of any partner or partners owning fiftyone percent (51 %) or more of the partnership interest, or the dissolution of the partnership, whether by a single transaction or event or by cumulative transactions or events, shall be deemed an assignment of this Lease requiring Landlord's consent. If Tenant is a land trust or other trust, a change or transfer in the beneficial ownership shall be deemed an assignment of this Lease requiring Landlord's consent. If Tenant, or the beneficiary of Tenant is a corporation, any dissolution, merger, consolidation, or reorganization of the Tenant or the sale or transfer of a controlling percentage of the capital stock of the Tenant, whether by a 13 27 single transaction or event or by cumulative transactions or events, shall be deemed an assignment of this Lease. If the Tenant consists of more than one person, a purported assignment, voluntary, involuntary, or by operation of law, from a majority of such persons to any or all of the others shall be deemed an assignment of this Lease requiring Landlord's consent. ARTICLE ELEVEN LIENS AND ENCUMBRANCES 11.0 Encumbering Title. Tenant shall not do any act which shall in any way encumber Landlord's interest in and to the Premises, nor shall the interest or estate of Landlord in the Premises in any way become subject to any claim by way of lien or encumbrance, whether by operation of law or by virtue of any express or implied contract by Tenant. Any claim to, or lien upon, the Premises arising from any act or omission of Tenant other than a claim by Landlord, shall accrue only against the leasehold estate of Tenant and shall be subject and subordinate to the paramount title and rights of Landlord in and to the Premises. Tenant shall have no authority to contract for or on behalf of Landlord for any improvements or work. 11.1 Liens and Right to Contest. Tenant shall not permit the Premises to become subject to any mechanics', laborers' or materialmen's lien on account of labor, material or services furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed for the Premises by, or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest, in good faith and with reasonable diligence, the validity of any such lien or claimed lien if Tenant shall give to Landlord such security as may be reasonably satisfactory to Landlord to assure payment thereof and to prevent any sale, foreclosure, or forfeiture of Landlord's interest in the Premises by reason of nonpayment thereof; provided further that on final determination of the lien or claim for lien, Tenant shall immediately pay any judgment rendered, with all proper costs and charges, and shall have the lien released and any judgment satisfied. If Tenant fails to post such security or does not diligently contest such lien, Landlord may, without investigation of the validity of the lien claim, discharge such lien and Tenant shall pay the cost thereof to Landlord on demand. ARTICLE TWELVE UTILITIES 12.0 Use and Purchase of Utilities. From and after the date Tenant takes possession of the Premises, Tenant will pay, when due, all charges of every nature, kind or description for utilities furnished to the Premises or chargeable against the Premises, including all charges for water, sewage, heat, gas, light, garbage, electricity, telephone, steam, power, or other public or 14 28 private utility services. Tenant shall provide evidence of payment of all utilities to Landlord upon request from time to time. ARTICLE THIRTEEN INDEMNITY AND WAIVER 13.0 Tenant's Indemnity. Tenant will protect, indemnify and save harmless Landlord, Landlord's beneficiaries, mortgagees, and their agents, employees, officers and directors, from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including, without limitation, attorneys' fees and expenses, incurred or asserted by reason of (a) any accident, injury to, or death of, persons or loss of, or damage to, property occurring on or about the Premises or any part thereof, or resulting from any act or omission of Tenant or anyone claiming by, through, or under Tenant during the Lease Term; (b) any failure on the part of Tenant to perform or comply with any of the terms of this Lease; (c) the performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof performed by or on behalf of Tenant during the Lease Term; or (d) claims, losses, damages, remediation and response costs, cleanup costs and expenses arising out of or in any way relating to Hazardous Materials, as defined hereinbelow, released, deposited, discharged, stored, moved onto, created upon, or removed from the Premises by Tenant, its successors and assigns or their respective agents, employees, licensees and invitees, including, without limitation, (i) claims of third parties, including governmental entities, for damages, penalties, remediation and response costs, cleanup costs, injunctive or other relief; and (ii) costs and expenses relating to remediation, removal and restoration, including fees and costs of environmental engineers, attorneys and experts, audit costs and costs of reporting the existence of Hazardous Materials to any governmental agency. Tenant's indemnification obligations set forth in this Lease shall survive the expiration or termination of this Lease. 13.1 Hazardous Materials. For purposes of this Lease, the term "Hazardous Materials" shall mean and include any and all hazardous, special, medical, toxic or dangerous waste substance or material defined in, or regulated by, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC Section 9601, et. seq.), the Hazardous Materials Transportation Act (49 USC Section 1802, et. seq.) and the Resource Conservation and Recovery Act (42 USC Section 6901, et. seq.) or any other federal, state or local statute, law, ordinance, code, rule, regulation, guideline, order or decree regulating, relating to or imposing liability or standards of conduct concerning the environment or any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect (collectively, "Environmental Laws"). 15 29 13.2 Compliance with Environmental Laws. Tenant agrees, at its sole expense, to comply with all Environmental Laws affecting the Premises, and Tenant shall provide Landlord with any notices received by any governmental authority with respect to the same. Tenant shall not install any underground or surface storage tanks on the Premises. Tenant shall not discharge, release, store, create, use, move onto or remove from the Premises any Hazardous Materials, except that Tenant may use small quantities of cleaning fluids and other Hazardous Materials necessary for the operation of Tenant's business provided the same are used, stored and disposed of in strict compliance with all applicable Environmental Laws. Upon request of Landlord, Tenant shall provide Landlord with a material safety data sheet with respect to each Hazardous Material that Tenant utilizes on the Premises. If Landlord, in its sole judgment, believes that Tenant has caused the Premises or the surrounding environment to become contaminated with Hazardous Materials or that Tenant has violated any Environmental Laws, Landlord may, in addition to its other rights under this Lease, enter upon the Premises and obtain samples from the Premises, including the soil and groundwater under the Premises, to determine whether and to what extent the Premises or the surrounding environment have become contaminated. Such testing shall be performed at Landlord's expense unless such tests indicate that Tenant has contaminated the Premises or the environment with Hazardous Materials or that Tenant has violated any Environmental Laws, in which case Tenant shall pay the cost of such testing on demand. In the event that it is found that Tenant contaminated the Premises or the environment with Hazardous Materials, Tenant shall take all necessary steps to fully remove such Hazardous Material from the Premises, any adjacent property and the environment including, but not limited to, the cost of any required or necessary repair, cleanup or detoxification and preparation of any closure or other remediation plans in connection therewith, all to the satisfaction of Landlord. 13.3 Waiver of Certain Claims. Except with respect to damage or injury caused by Landlord's willful acts or gross negligence, Tenant waives all claims it may have against Landlord for damage or injury to property sustained by Tenant or any persons claiming through Tenant or by any occupant of the Premises, or by any other person, resulting from any part of the Premises or any of its improvements, equipment or appurtenances becoming out of repair, or resulting from any accident on or about the Premises or any other cause or resulting directly or indirectly from any act of neglect of any person, including Landlord, to the extent permitted by law. Such waiver shall include, but not by way of limitation, damage caused by water, snow, frost, steam, excessive heat or cold, interruptions in utilities, sewage, gas, odors or noise, theft, or caused by bursting or leaking of pipes or plumbing fixtures, and shall apply equally whether any such damage results from the act or neglect of Tenant or any other person, including Landlord, to the extent permitted by law, and whether such damage be caused by, or result from, any thing or circumstance above mentioned or referred to, or to any other thing or circumstance whether of a like nature or of wholly different nature. In no event shall Rent abate as the result of any such occurrence. All personal property belonging to Tenant or any occupant of the Premises that is in or on any part of the Premises shall 30 be at the risk of Tenant or of such other person only, and Landlord shall not be liable for any damage thereto or theft or misappropriation thereof. ARTICLE FOURTEEN DESTRUCTION AND RESTORATION 14.0 Substantial Destruction If thirty percent (30%) or more of the Area of the Building is made untenantable by fire or other casualty, Landlord may, at its option, elect: A. To terminate this Lease as of the date of the fire or casualty by notice to Tenant within ninety (90) days after that date; or B. To proceed with reasonable diligence to repair, restore or rehabilitate the Building (excluding leasehold improvements paid for by Tenant), in which event this Lease shall not terminate. Landlord shall, as soon as reasonably possible but no later than ninety (90) days after said casualty, notify Tenant of its estimate of the time necessary to repair, restore or rehabilitate the Building. If the repair of the Building is estimated by Landlord to take more than two hundred seventy (270) days from the date of Landlord's notice, then Tenant may, at its option, by written notice to Landlord delivered no later than thirty (30) days after receipt of said notice, terminate this Lease. If Landlord fails to repair, restore or rehabilitate the Building within said two hundred seventy (270) days, subject to matters of force majeure, delays for insurance settlement, and delays caused by Landlord's mortgagee, Tenant may terminate this Lease (which termination shall occur as of the date of the surrender of the Premises by Tenant) by serving notice on Landlord no later than thirty (30) days after the expiration of said two hundred seventy (270) day period. If Tenant timely serves such notice on Landlord, Tenant shall surrender the Premises (if not previously surrendered) within said thirty (30) days. 14.1 Less Than Substantial Destruction. If less than thirty percent (30%) of the Rentable Area of the Building is made untenantable by fire or other casualty, then Landlord shall with reasonable diligence repair, restore or rehabilitate the Building (excluding leasehold improvements paid for by Tenant), at Landlord's expense. 14.2 No Abatement. If a fire or other casualty renders all or part of the Premises untenantable, Rent shall not abate and Tenant shall continue to pay the full amount of Rent when 17 31 due. Provided the insurance proceeds are sufficient to fully cover the cost of repairing the Building, Tenant shall be entitled to receive all available rent -loss insurance proceeds. 14.3 Limitation on Repair Obligations. Landlord's obligation to repair, restore and rehabilitate the Building shall be limited to the amount of available insurance proceeds and subject to the terms of any first mortgage on the Premises. Landlord shall have no obligation to repair, restore or rehabilitate the Building if a fire or other casualty occurs within the final Year of the Lease Term. In no event shall Landlord be obligated to repair or rebuild leasehold improvements, alterations, or other improvements, trade fixtures or personal property installed or owned by Tenant. ARTICLE FIFTEEN CONDEMNATION 15.0 Complete Taking. In the event substantially all of the Building or the Premises is taken or condemned by any competent authority for any public use or purpose (including a deed given in lieu of condemnation), this Lease shall terminate as of the date title vests in such authority, and Base Rent shall be apportioned as of said date. For the purposes hereof, "substantially all" shall mean a taking such that the Building or Premises, in Landlord's judgment, cannot physically or economically be restored to a complete architectural unit. 15.1 Taking of Part. If less than substantially all of the Building or the Premises is taken or condemned by any competent authority for any public use or purpose (including a deed given in lieu of condemnation), Base Rent shall be reduced by an amount which bears the same ratio to Base Rent then in effect as the number of square feet of rentable area in the Premises so taken or condemned bears to the number of square feet of Rentable Area of the Premises. Landlord, upon receipt of and to the extent of the award in condemnation or proceeds of sale, shall make necessary repairs and restorations (exclusive of Tenant's leasehold improvements and personal property paid for or installed by Tenant) to restore the Premises remaining to as near its former condition as circumstances will permit, and to the Building to the extent necessary to constitute the portion of the Building not so taken or condemned as a complete architectural unit. In such event, the Base Rent payable hereunder from and after the date of vesting of title in such proceedings shall be reduced to a sum equal to the product of the Base Rent set forth in the Basic Lease Provisions multiplied by a fraction, the numerator of which square footage the Premises after the same has been restored to a complete architectural unit, and the denominator of which is square footage of the Premises prior to such taking. In no event, however, shall such reduction in annual Base Rent exceed ten percent (10%) of the net award received by Landlord as a result of such taking after deduction of (i) all costs and expenses, including attorney's fees, of the proceeding and (ii) the costs of restoration. IN 32 15.2 Compensation. Landlord shall be entitled to receive the entire price or award from any such sale, taking or condemnation, whether applicable to land, building, or other real estate interests. Tenant hereby assigns all its interest in such award to Landlord and Tenant waives any right Tenant has now or may have under present or future law to receive any award of damages for its interest in the Premises or this Lease, provided, Tenant shall have the right to separately claim and receive any award which may be allowed to Tenant for Tenant's trade fixtures and moving expenses, provided the same does not reduce Landlord's award. ARTICLE SIXTEEN SUBORDINATION OR SUPERIORITY 16.0 Subordination. This Lease and Tenant's rights are and shall be subject and subordinate to any and all mortgages, trust deeds and ground leases now of record or hereafter executed by Landlord against the Premises and to all amendments, modifications, replacements or renewals thereof [provided, the holder of such mortgage, trust deed or ground lease shall provide Tenant with a non -disturbance agreement in such form as such holder may require] . Tenant shall execute and deliver within five (5) days after request of Landlord such acknowledgments or documents as may be requested from time to time in connection with the sale, financing, refinancing or ground leasing of the Premises, Land or Building including, without limitation, subordination and attornment instruments. If, in connection with the financing of the Premises, Land or Building, any mortgagee (or ground lessor) shall request reasonable modifications of this Lease that do not materially increase the obligations or materially and adversely affect the rights of Tenant under this Lease, Tenant shall make such modifications. In particular, but without limitation, Tenant shall, upon request, provide all mortgagees with written notice of any Landlord default hereunder and the right and opportunity to cure for no less than thirty (30) days after written notice from Tenant or such longer period as is reasonably required to cure. 16.1 Superiority. Notwithstandin9 the foregoing, a holder of a trust deed, mortgage or ground lease interest may, at its option require that this Lease be made superior and paramount to any such trust deed, mortgage or ground lease and in such event Tenant shall execute whatever instruments are requested to effect such result. ARTICLE SEVENTEEN SURRENDER 17.0 Surrender. Upon termination of this Lease or Tenant's right to possession, Tenant will at once surrender and deliver up the Premises, together with all improvements thereon, to 19 33 Landlord, in good condition and repair. Tenant shall remove from the Premises all of Tenant's personal property, equipment and trade fixtures (collectively "Tenant's Property") and Tenant shall repair any injury or damage to the Premises which may result from such removal, and shall restore the Premises to the same condition as prior to the installation thereof. If Tenant does not remove Tenant's Property from the Premises, as aforesaid, Landlord may, at its option, remove the same (and repair any damage occasioned thereby) and dispose thereof or deliver the same to any other place of business of Tenant or warehouse the same, and Tenant shall pay the cost of such removal, repair, delivery and warehousing to Landlord on demand, or Landlord may treat Tenant's Property as having been conveyed to Landlord with this Lease acting as a bill of sale, without further payment or credit by Landlord to Tenant. If Landlord requests the removal of any Alterations, Tenant shall remove all such items and restore the Premises to their original condition, ordinary wear and tear excepted upon expiration or termination of this Lease. If, after Landlord's request, Tenant does not remove said Alterations, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. 17.1 Holding Over. Tenant shall have no right to occupy the Premises or any portion thereof after the expiration or termination of this Lease or of Tenant's right to possession. For each month or portion thereof Tenant retains possession of the Premises, or any portion thereof, after the expiration or termination of this Lease or Tenant's right to possession, Tenant shall pay Landlord an amount equal to two hundred percent (200%) of the last applicable monthly Rent, which shall not be prorated for any partial month. Acceptance of said Rent shall not constitute a waiver by Landlord of any reentry or other rights of Landlord provided for under this Lease or by law nor shall it be deemed an extension or renewal of the Lease Term without a written election thereof by Landlord. In addition, Tenant shall be liable for all damages, direct and consequential, incurred by Landlord as a result of such holdover. ARTICLE EIGHTEEN DEFAULT AND REMEDIES 18.0 Defaults. The occurrence of any one or more of the following events shall be considered events of default by Tenant under this Lease: (a) Tenant shall fail to make any payment of Rent or any other payment required to be made by Tenant hereunder when due; or 20 34 (b) Tenant shall fail in keeping, observing or performing any of the other covenants or agreements herein contained to be kept, observed and performed by Tenant, and such failure shall continue for twenty (20) days after notice thereof in writing to Tenant; or (c) Tenant or Guarantor, if any, shall make any assignment for the benefit of creditors or shall apply for or consent to the appointment of a receiver for themselves or any of their property; or (d) Tenant or Guarantor, if any, shall be adjudged an involuntary bankrupt, or a decree or order for reorganization under the Federal bankruptcy laws as now or hereafter amended, or under the laws of any state, shall be entered against Tenant or Guarantor, and any such decree or judgment or order shall not have been vacated or set aside within sixty (60) days from the date of the entry or granting thereof; or (e) Tenant or Guarantor, if any, shall file or admit the jurisdiction of the court and the material allegations contained in any petition in bankruptcy or any petition pursuant to, or purporting to be pursuant to, the Federal bankruptcy laws as now or hereafter amended, or Tenant or Guarantor shall institute any proceedings for any relief under any bankruptcy or insolvency laws or any laws relating to the relief of debtors, readjustment or indebtedness, reorganization, arrangements, composition or extension; or (f) The Premises are levied upon by any revenue officer or similar officer as the result of any act or omission of Tenant; or (g) A decree or order appointing a receiver of all or substantially all of the property of Tenant or Guarantor, if any, shall be made and such decree or order shall not have been vacated or set aside within sixty (60) days from the date of entry or granting thereof; or (h) Tenant shall abandon the Premises or vacate the same during the term hereof for more than fifteen (15) consecutive days; or (i)Any Guarantor shall die or be declared legally incompetent, provided, however, such an event shall not constitute a default hereunder if, within sixty (60) days following such death or declaration of legal incompetency, a substitute guarantor whose creditworthiness and business experience and skills are comparable to those of the original guarantor and who is otherwise acceptable to the Landlord in the Landlord's sole and absolute discretion, executes a guaranty in favor of the Landlord in form and substance substantially similar to the Guaranty. 21 35 Upon the occurrence of any one or more of such events, Tenant shall be in default hereunder. Upon a default by Tenant, Landlord may apply and retain all sums deposited with Landlord hereunder, and Landlord may, at its election, terminate this Lease or terminate Tenant's right to possession only, without terminating the Lease. Upon termination of the Lease, or upon any termination of the Tenant's right to possession without termination of the Lease, the Tenant shall surrender possession and vacate the Premises immediately, and deliver possession thereof to the Landlord, and Tenant hereby grants to the Landlord the full and free right, without demand or notice of any kind to Tenant, to enter into and upon the Premises, with or without process of law, and to repossess the Premises as the Landlord's former estate and to expel or remove the Tenant and any others who may be occupying the Premises, without being deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, without incurring any liability for any damage resulting therefrom and without relinquishing the Landlord's rights to Rent or any other right given the Landlord hereunder or by operation of law. Tenant shall pay on demand all costs and expenses, including attorneys' fees and costs, incurred by Landlord in recovering sums due hereunder, recovering possession of the Premises, or otherwise enforcing this Lease or pursuing Landlord's rights and remedies against Tenant or any assignee, sublessee or other transferee. 18.1 Termination of Lease. If Landlord elects to terminate this Lease, Landlord shall be entitled to recover as damages all Rent and other sums due and payable by Tenant on the date of termination, plus (1) an amount equal to the value of the Rent and other sums provided herein to be paid by Tenant for the residue of the stated term hereof, less the fair rental value of the Premises for the residue of the stated term (taking into account the time and expenses necessary to obtain a replacement tenant or tenants, including expenses hereinafter described relating to recovery of the Premises, preparation for reletting and for reletting itself), discounted to a present value using a discount factor of four percent (4%), (2) the cost of performing any other covenants to be performed by the Tenant, and (3) all other costs and expenses of Landlord resulting from such default, including attorneys fees, allowable under this Lease or at law. 18.2 Termination of Right of Possession. If the Landlord elects to terminate the Tenant's right to possession only without terminating the Lease, the Landlord may, at the Landlord's option, enter into the Premises, remove the Tenant's property, signs, and other evidences of tenancy, and take and hold possession thereof as hereinabove provided, without such entry and possession terminating the Lease or releasing the Tenant, in whole or in part, from the Tenant's obligations to pay the Rent hereunder for the full term or from any of its other obligations under this Lease. Landlord shall have the right to relet all or any part of the Premises for such rent and upon such terms as shall be satisfactory to Landlord in its sole discretion (including the right to relet the Premises as part of a larger area and the right to change the character or use made of the Premises). Provided however, in no event shall Landlord have an obligation to relet the Premises or otherwise mitigate damages. For the purpose of such reletting, Landlord may decorate or make any repairs, changes, alterations or additions in or to the Premises that may be necessary or OW 36 convenient, the cost of which shall be borne solely by Tenant. If Landlord does not relet the Premises, Tenant shall pay to Landlord on demand all costs of attempting to relet the Premises, and Rent and other sums provided herein to be paid by Tenant for the remainder of the Lease Term as the same shall become due and payable. If the Premises are relet and a sufficient sum shall not be realized from such reletting after paying all of the expenses of such reletting and the collection of the rent accruing therefrom (including, but not by way of limitation, attorneys' fees and brokers' commissions), to satisfy the Rent and other charges herein provided to be paid for the remainder of the Lease Term, Tenant shall pay to Landlord on demand any deficiency as the same shall become due and payable. Tenant shall not be entitled to any surplus if the Premises are leased for an amount greater than the Rent reserved hereunder. Tenant agrees that Landlord may file suit to recover any sums falling due under the terms of this Section from time to time. Notwithstanding an election by Landlord to terminate Tenant's right to possession, Landlord may at any time thereafter elect to terminate this Lease. 18.3 Remedies Cumulative. No remedy herein or otherwise conferred upon or reserved to Landlord shall be considered to exclude or suspend any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute, and every power and remedy given by this Lease to Landlord may be exercised from time to time and so often as occasion may arise or as may be deemed expedient. 18.4 No Waiver. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power or be construed to be a waiver of any such default or any acquiescence therein. No waiver by Landlord of any default of any of the covenants of this Lease shall be construed, taken or held to be a waiver of any other default, or as a waiver, acquiescence in or consent to any further or succeeding default of the same covenant. The acceptance by Landlord of any payment of Rent or other sums due hereunder after the termination by Landlord of this Lease, or of Tenant's right to possession hereunder, shall not, in the absence of agreement in writing to the contrary by Landlord, be deemed to restore this Lease or Tenant's rights hereunder, as the case may be, but shall be construed as a payment on account, and not in satisfaction of damages due from Tenant to Landlord. 18.5 Interest. Each payment of Rent and other amounts owed by Tenant hereunder, which shall not be paid when due, shall bear interest at the rate of five percent (5%) over the greater of (i) the default rate of interest charged by Landlord's first mortgagee, if any, or (ii) the prime rate of interest published in The Wall Street Journal (or in the absence thereof, such other publication reasonably designated by Landlord) from time to time, but, in either case, not to exceed any maximum rate of interest permitted by law, ("Interest Rate"), from the date when the same is due under the terms of this Lease until the same shall be paid. 23 37 18.6 Landlord's Right to Perform Tenant Obligations. If Tenant shall at any time fail to pay any amount of Taxes as required under this Lease, fail to take out, pay for, maintain and deliver any of the insurance policies or certificates of insurance provided for in Article Six, or fail to make any other payment or perform any other act or obligation on its part to be made or performed under this Lease, then after twenty (20) days prior written notice to Tenant (or immediately and without notice in case of emergency), Landlord may, but shall not be obligated to, (i) pay any such amount of Taxes payable by Tenant; (ii) take out, pay for and maintain any of the insurance policies provided for in this Lease Agreement; (iii) make or perform any necessary repairs or replacements to the Premises, or (iv) make any other payment or perform any other act or obligation on Tenant's part to be paid or performed under this Lease. Landlord may enter upon the Premises for any such purpose and take all such action therein or thereon as may be necessary therefor. Nothing herein contained and no such action by Landlord shall be deemed as a waiver or release of Tenant from any obligation of Tenant under this Lease. All sums so paid by Landlord and all costs and expenses, including attorney's fees incurred by Landlord in connection with the performance of any such act, plus an administrative fee of fifteen percent (15%) of the amount thereof, together with interest thereon at the Interest Rate from the respective dates of Landlord's making of each payment, shall be paid by Tenant to Landlord on demand. Landlord's damages for such failure of Tenant to maintain insurance shall not be limited to the amount of insurance premiums which would have been payable upon such insurance, but Landlord shall also be entitled to recover the uninsured amount of any loss (to the extent of any deficiency between the dollar limits of insurance required by the provisions of this Lease and the dollar limits of the insurance actually carried by Tenant) suffered or incurred by reason of damage to or destruction of the Premises. ARTICLE NINETEEN MISCELLANEOUS 19.0 Rights Reserved to Landlord. Without limiting any other rights reserved or available to Landlord under this Lease, at law or in equity, Landlord reserves the following rights to be exercised at Landlord's election upon reasonable prior notice to Tenant: (i) to enter and/or inspect the Premises and to make repairs, replacements, additions or alterations to the Premises, and (ii) to show the Premises to persons having a legitimate interest in viewing the same. Landlord may retain pass keys and enter upon the Premises for any and all of said purposes and may exercise any and all of the foregoing rights hereby reserved without being deemed guilty of any eviction or disturbance of Tenant's use or possession of the Premises and without being liable in any manner to Tenant. OZI 38 19.1 Quiet Enjoyment. So long as Tenant is not in default under this Lease, Tenant's quiet and peaceable enjoyment of the Premises shall not be disturbed or interfered with by Landlord or anyone claiming through Landlord. 19.2 Signage. Tenant shall not erect any signage unless first approved in writing by Landlord. Any signage erected shall be in compliance with all applicable ordinances, rules, regulations and other governmental requirements. Said signage shall be removed by Tenant, without damage to the Premises, upon the termination of this Lease or Tenant's possession of the Premises. 19.3 Notices. All notices to, or demands upon, Landlord or Tenant desired or required to be given under any of the provisions hereof shall be in writing. Any notices or demands from Landlord to Tenant shall be deemed to have been duly and sufficiently given if delivered personally or if a copy thereof has been mailed by United States registered or certified mail in an envelope properly stamped and addressed to Tenant at Tenant's Address or at such other address as Tenant may heretofore have designated by written notice to Landlord, and any notices or demands from Tenant to Landlord shall be deemed to have been duly and sufficiently given if delivered personally or mailed by United States registered or certified mail in an envelope properly stamped and addressed to Landlord at Landlord's address or at such other address or to such other agent as Landlord may heretofore have designated by written notice to Tenant, with a copy to any first mortgagee of the Premises, the identity and address of which Tenant shall have received written notice. The effective date of any notice shall be the date of receipt of personal delivery or, in the case of mailing, three (3) business days after delivery of the same to the United States Postal Service. 19.4 Short Form Lease. Tenant shall not record this Lease or any memorandum hereof without the Landlord's prior written consent. If Landlord requests, the parties shall execute, acknowledge and record a short form of Lease setting forth only the parties, description of the Premises, and the Lease Term. 19.5 Time of Essence. Time is of the essence of this Lease and all provisions herein relating to time of performance shall be strictly construed. 19.6 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent or of partnership, or of joint venture, by the parties hereto, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of Landlord and Tenant. 25 39 19.7 Captions. The captions of this Lease are for convenience only and are not to be construed as part of this Lease and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. 19.8 Severability. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and shall be enforced to the fullest extent permitted by law so long as the parties receive the essence of their bargain. 19.9 Law Applicable. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. 19.10 Covenants Binding on Successors. All of the covenants, agreements, conditions and undertakings contained in this Lease shall extend and inure to and be binding upon the parties hereto and their permitted successors and assigns. 19.11 Brokerage. Landlord and Tenant warrant to the other that neither of them has had any dealings with any broker or agent in connection with the transactions contemplated hereby, other than CBRE. Landlord and Tenant covenant to pay, hold harmless and indemnify the other from and against any and all costs, expenses or liability for any compensation, commissions and charges claimed by any other broker or agent, with respect to the transactions contemplated hereby or the negotiation thereof and arising by virtue of the acts of the indemnifying party. 19.12 Force Majeure. Where the time for performance of a party's non -monetary obligations are expressly subject to Force Majeure, the time for performance shall be extended by a period equal to delays caused by acts of God, strikes, riots, insurrection, pandemics, epidemics, material shortages, governmental acts, and other causes beyond that party's reasonable control (collectively "Force Majeure"), provided, that party gives written notice to the other party no later than ten (10) days after the occurrence of such event of Force Maj eure. 19.13 Sale of Building. If owner of the Premises sells or transfers the Premises, said owner shall be freed and relieved of all liability under this Lease arising from and after the date of such sale or transfer. Upon such sale or transfer, the Landlord shall transfer or credit the Security Deposit to the new owner or transferee, and the Landlord shall thereafter have no liability with respect to the Security Deposit. 19.14 Estoppel Certificate. Tenant shall from time to time, within five (5) days after written request by Landlord or any mortgagee holding a mortgage on the Premises, deliver to Landlord or such mortgagee a statement in writing certifying: (i) that this Lease is unmodified and in full force and effect or, if there have been modifications, that this Lease, as modified, is in full 40 force and effect; (ii) the amount of Rent then payable hereunder and the date to which Rent has been paid; (iii) that Landlord is not in default under this Lease or, if in default, a detailed description of such default(s); (iv) that Tenant is or is not in possession of the Premises, as the case may be; (v) that Tenant has no claims, offsets or defenses against Landlord, and (vi) such other information as Landlord may reasonably request. 19.15 Corporate Consent. Upon the execution of this Lease, Tenant shall deliver to Landlord such corporate consents, certificates and other instruments as Landlord shall require, to verify the Tenant's corporate authority to enter into this Lease. 19.16 Execution. The execution of this Lease by Tenant and delivery of same to Landlord or its agents does not constitute a reservation of or option for leasing the Premises or an agreement to enter into a Lease, and this Lease shall become effective only if and when Landlord executes and delivers same to Tenant. 19.17 Limitation of Liability. All obligations and liabilities of Landlord hereunder shall be limited to Landlord's interest in the Premises as the same may be improved, subject to all prior interests, and neither Landlord nor its beneficiaries, partners, shareholders, directors, employees or agents shall be individually or personally liable for any claim arising out of this Lease. Any manager retained by Landlord shall be acting only as an agent and in such capacity shall not in any event be held liable to Tenant for the fulfillment or nonfulfillment of any of the terms, covenants or conditions of this Lease or for any action or proceedings that may be taken by Landlord against Tenant, or by Tenant against Landlord. 19.18 Amendments Must Be in Writing. None of the covenants, terms or conditions of this Lease to be kept and performed by either party shall in any manner be altered, waived, modified, changed or abandoned, except by a written instrument, duly signed and delivered by both parties. 19.19 Financial Statements. Tenant shall deliver to Landlord from time to time, upon written request, current financial statements of Tenant and its Guarantor, if any, which shall be prepared in accordance with generally accepted accounting principles by a certified public accountant. 19.20 Lease Not Affected. The parties covenant and agree that any present or future law to the contrary notwithstanding, this Lease shall not terminate, except as herein specifically provided, and Landlord shall receive the Base Rent and Additional Rent and all other sums payable by Tenant hereinabove provided as net income from the Premises, without any abatement, reduction, set-off, counterclaim, defense or deduction and not diminished by (i) any imposition of any public authority of any nature whatsoever during the Term, notwithstanding any changes in the 27 41 method of taxation or raising, levying or assessing any imposition, or any changes in the name of any imposition, or (ii) any expenses or charges required to be paid by Tenant to maintain, restore or replace the premises or to protect Landlord's ownership of the Premises, other than payments under any mortgage now existing or hereafter created by Landlord. The obligations of Tenant hereunder shall not be affected by reason of any damage to or destruction of the Premises except as expressly otherwise provided to the contrary in this Lease. Tenant shall remain obligated under this Lease in accordance with its terms and shall not take any action to terminate, rescind or void this Lease, solely as a result of any bankruptcy, insolvency, reorganization, liquidation, dissolution or other proceeding affecting Landlord or any assignee of Landlord. 19.21 No Waiver. No failure of Landlord or Tenant to exercise any power given Landlord or Tenant hereunder or to insist upon strict compliance by Landlord or Tenant with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord's or Tenant's rights to demand exact compliance with the terms hereof. 19.22 Entire Agreement. This Lease contains the entire agreement of the parties hereto and no representations, inducements, promises or agreement, oral or otherwise, between the parties not embodied herein shall be of any force and effect. The masculine (or neuter) pronoun, singular number shall include the masculine, feminine and neuter gender and the singular and plural number. 19.23 Counterparts; Facsimile/PDF Signatures. This Lease may be executed in multiple separate counterparts, each of which shall be deemed to be an original, and all such separate counterparts shall constitute but one instrument. Signatures of the parties transmitted by facsimile, PDF or other electronic means shall be deemed to be their original signatures for all legal and other purposes. 19.24 Venue. To the maximum extent permitted by law, the parties agree that all actions or proceedings arising in connection with this Lease shall be tried and determined only in the State and Federal courts located in the County of Cook, State of Illinois. To the maximum extent permitted by law, each party hereby expressly waives any right it may have to assert the doctrine of forum non conveniens or to object to venue to the extent any proceeding is brought in accordance with this Section. 19.25 Jury Waiver. To the maximum extent permitted by law, each of Tenant and Landlord hereby expressly waives any right to trial by jury of any action, cause of action, claim, demand, or proceeding arising under or with respect to this Lease, or in any way connected with, related to, or incidental to the dealings of Landlord and Tenant with respect to this Lease, in each case whether now existing or hereafter arising, and whether sounding in contract, tort, or 42 otherwise. To the maximum extent permitted by law, each of Tenant and Landlord hereby agrees that any such action, cause of action, claim, demand or proceeding shall be decided by a court trial without a jury and that Tenant or Landlord may file a copy of this Lease with any court or other tribunal as written evidence of the consent of each of Tenant and Landlord to the waiver of its right to trial by jury. 19.26 Security Deposit. As security for the performance of its obligations under this Lease, Tenant, upon execution of this Lease, shall pay to Landlord a security deposit (the "Security Deposit") in the amount specified in the Basic Lease Provisions. The Security Deposit may be applied by Landlord to cure any default of Tenant under this Lease, and upon notice by Landlord of such application, Tenant shall fully replenish the Security Deposit by promptly paying to Landlord the amount so applied. Within thirty (30) days after the expiration the Lease, provided Tenant is not in default hereunder, Landlord shall return to Tenant the balance, if any, of the Security Deposit. The Security Deposit shall not be deemed an advance payment of Rent or a measure of damages for any default by Tenant under this Lease, nor shall it be a bar or defense to any action that Landlord may at any time commence against Tenant. Landlord shall not be required to segregate the Security Deposit from its general funds. Tenant shall not be entitled to any interest on the Security Deposit. 19.27 CrossDefault. A default by Tenant under any other lease or agreement between Landlord and Tenant shall constitute an event of default hereunder, and an event of default hereunder shall constitute a default by Tenant under any such other lease or agreement. 19.28 Exhibits. The following Exhibits are attached hereto and made a part hereof: Exhibit A Exhibit B Legal Description Guaranty 19.29 Guaranty. Tenant shall deliver to Landlord concurrently with the execution of this Lease the Guaranty contained in Exhibit B properly executed by each Guarantor. ARTICLE TWENTY JOINT AND SEVERAL OBLIGATIONS 20.0 C&K and Touchstone Jointly and Severally Liable. The obligations and liabilities of Tenant under this Lease are joint and several and shall be binding upon and enforceable against each of C&K and Touchstone and their respective successors and assigns. 29 43 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the date first above written. TENANT: C&K TRUCK REPAIR, INC., an Illinois corporation By: Name: Title: TOUCHSTONE LOGISTICS INC., an Illinois corporation Name: Title: LANDLORD: TLMV 1117 ALGONQUIN, LLC, an Illinois limited liability company By: Name: Title: 31 45 EXHIBIT A LEGAL DESCRIPTION The East 235 feet of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, lying South of the South line of Algonquin Road as dedicated by instrument recorded as document 11195786, (except the South 658.83 feet thereof) in Cook County, Illinois. PIN: 08-23-101-015-0000 Address: 1117 E. Algonquin Road, Mount prospect, Illinois 60056 32 46 EXHIBIT B GUARANTY In order to induce TLMV 1117 ALGONQUIN, LLC, an Illinois limited liability company ("Landlord") to execute a certain Lease Agreement (the "Lease") between Landlord and C&K TRUCK REPAIR, INC., an Illinois corporation ("C&K"), and TOUCHSTONE LOGISTICS INC., an Illinois corporation ("Touchstone") (C&K and Touchstone are referred to in this guaranty singly and collectively, and jointly and severally, as "Tenant"), covering the Premises described in the Lease and located at 1117 East Algonquin Road, Mount Prospect, Illinois, the undersigned (hereinafter referred to individually and collectively as "Guarantor", whether one or more) hereby jointly and severally guarantees unto Landlord the payment and performance of (i) all of the Rent (including all Base Rent and Additional Rent) and other sums or charges which may ever become due and payable by Tenant under the Lease, including, without limitation, Rent that becomes due and payable by reason of the exercise of any power to accelerate granted to Landlord under the Lease and any damages or other sums that become payable on account of any default by Tenant under the Lease, and (ii) all of the other obligations, liabilities and duties of Tenant under the Lease (the rental, other sums and charges and other obligations, liabilities and duties described in the foregoing clauses (i) and (ii) being hereinafter collectively referred to as the "Obligations". In the event of default by Tenant in the payment or performance of any of the Obligations, Guarantor shall on demand pay the amount due to Landlord and perform all of the other Obligations of Tenant with respect to which Tenant is then in default. For the purposes hereof, the term "Tenant" shall include any assignee of Tenant and the term "Lease" shall include any amendment of the Lease effected by Landlord and Tenant, with or without the consent or knowledge of Guarantor. Landlord shall not be required, before invoking the benefits of this guaranty, to institute suit against or exhaust its remedies with respect to Tenant or any other person liable for the Obligations or to enforce its rights with respect to any security which shall have ever been given to secure the payment and performance of the Obligations; and the obligations of Guarantor hereunder shall not be released or impaired in any way by any action for the collection or enforcement of the Obligations, or any failure of Landlord to give Guarantor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations. Suit may be brought and maintained against Guarantor without the joinder of Tenant or any other person, and in the event that there is more than one guarantor of the Obligations, Landlord may (i) bring suit against all guarantors jointly and severally or against any one or more of them, (ii) 33 47 compound or settle with any one or more of such guarantors for such consideration as Landlord may deem proper, and (iii) release one or more of the guarantors from liability without impairing the liability of the guarantors not so released; and no action brought by Landlord against any guarantor of the Obligations shall impair the right of Landlord to bring suit against any remaining guarantor or guarantors, including Guarantor hereunder. 34 48 The obligations of Guarantor shall be irrevocable and unconditional, irrespective of the genuineness, validity, regularity or enforceability of the Lease or any security given for the Obligations or any other circumstances which might otherwise constitute a legal or equitable discharge of a surety or guarantor, and Guarantor waives the benefit of all principles or provisions of law, statutory or otherwise, which are or might be in conflict with the terms of this guaranty, and agrees that the obligations of Guarantor shall not be affected by any circumstances, whether or not referred to in this guaranty which might otherwise constitute a legal or equitable discharge of a surety or a guarantor. Guarantor waives the benefits of any right of discharge under applicable law and any other rights of sureties and guarantors thereunder. Without limiting the generality of the foregoing, Guarantor agrees that Landlord may, in its sole and absolute discretion, without notice to or consent by Guarantor, and without in any way releasing or impairing any liability or obligation of Guarantor hereunder (i) waive compliance by Tenant with any of its Obligations or covenants under the Lease or waive any default thereunder, or grant any other indulgence with respect to the Lease, (ii) modify, amend or change any provision of the Lease, (iii) grant extensions or renewals of the Lease or the Obligations, or effect any release, compromise or settlement in connection therewith, including any release of the liability of Tenant or any guarantor or otherwise person liable on the Obligations or any part thereof, (iv) transfer its interest in the premises covered by the Lease or its rights under this guaranty, (v) consent to the assignment by Tenant of its rights under the Lease, and (vi) deal in all respects with Tenant and the Obligations as if this guaranty were not in effect. Guarantor further waives (i) notices of acceptance of this guaranty, (ii) notices to Guarantor of any kind in any circumstances whatsoever, including, without limitation, notice of dishonor and notice of any default by Tenant under the Lease and all waivers or indulgences granted by Landlord to Tenant under the Lease, and (iii) diligence, presentment and suit on the part of Landlord in the enforcement of any of the Obligations. Guarantor hereby expressly and unconditionally waives, releases, and discharges any and all rights or claims under the Illinois Surety Act, 740 ILCS 15510.01 et. seq. ("Illinois Surety Act"), and further acknowledges and agrees that Landlord has no duty or obligation to Guarantor under the Illinois Surety Act. This guaranty shall be enforceable despite any exculpation from liability granted to Tenant under the Lease, with the same force and effect as if no such exculpation from liability had been granted to Lessee. If any action at law or in equity is brought by Landlord to enforce the provisions of this guaranty, Landlord shall be entitled to recover from Guarantor, in addition to all relief awarded, reasonable attorney, expert witness, and court reporter fees, and all other fees, costs and expenses 1 49 of such action and any associated appeal. These amounts may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose. In the event any payment by Tenant to Landlord is held to constitute a preference under the bankruptcy laws, or if for any other reason Landlord is required to refund such payment or pay the amount thereof to any other party, such payment by Tenant to Landlord shall not constitute a release of Guarantor from any liability hereunder, but Guarantor agrees to pay such amount to Landlord upon demand. Until the Obligations have been paid in full, Guarantor shall not have any right or subrogation unless such right is expressly granted in writing by Landlord. Any indebtedness of Tenant held by Guarantor is hereby subordinated to this guaranty; and any such indebtedness of Tenant to Guarantor, if Landlord so requests, shall be collected, enforced and received by Guarantor as trustee for Landlord and shall be paid over to Landlord in order to satisfy the Obligations guaranteed hereunder. Landlord in its sole discretion may apply all payments received by it from Tenant, Guarantor or any other guarantor under any other instrument, or realized by it from any security in such manner and order or priority as Landlord sees fit, to any of the Obligations of Tenant, whether or not any of the Obligations to which any payment is applied are due at the time of such application. Guarantor represents and warrants to Landlord that he or she has an economic interest in the Tenant and that the Guarantor will derive substantial economic benefit from the execution and delivery of the Lease by Landlord. If this guaranty is signed by more than one person, then all the obligations of Guarantor arising hereunder shall be jointly and severally binding on each of the undersigned, and their respective heirs, executors, administrators, successors, and assigns. The word "person" as used herein includes natural persons and entities of all kinds. This guaranty shall be construed in accordance with and governed by the laws of the State of Illinois. All actions or proceedings in any way, manner or respect, arising out of or from or related to this Agreement, shall be litigated only in court having situs within the County of Cook, State of Illinois. Each party hereby consents and submits to the jurisdiction of any local, state or federal court located within said County and State. Each party hereby waives any right it may have to remove, transfer or change the venue of any litigation brought in accordance with this paragraph. 0) 50 This guaranty shall inure to the benefit of Landlord and its successors and assigns. EXECUTED this day of 12020. [Name of Guarantor] STATE OF ILLINOIS ) ss COUNTY OF ) I, a Notary Public in and for said County, in the State aforesaid, do hereby certify that , who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/ her own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal, this day of NOTARY PUBLIC 3 2020. 51 (SEAL) 52 LEGAL DESCRCRIPTION Address of Real Estate: 1117 E. Algonquin Road, Mount Prospect, Illinois 60056 Permanent Real Estate Index Number: 08-23-101-015-0000 The East 235 feet of the West 1/2 of the Northwest 1/4 of Section 23, Township 41 North, Range 11, East ofthe Third Principal Meridian, lying South of the South line of Algonquin Road as dedicated by instrument recorded as document 11195786, (except the South 658.83 feet thereof) in Cook County, Illinois. 53 Z zoo C F HU — 6'OL9 1 �-Om 1 oa \ J zrr _ ¢r N0 / 5'999 IMN--W ww I z / aw((A ♦— wr o� d¢z WZ WO IQ ¢ O r / \ cc o `\ \ W I O Lu U ��� CO( <.. i Lu Lu Oz II Moirco I¢ I rx 0 z -J:3 W. m. \\ \\a W. OZ U!- -A 116 -999 CJO 11- bl � I 1;0 m � I o \ I d \ \ w `O Q CL O V Z w W Z N0 TOM~ H LU W LLO UJ J � M J a N Z LU Er ¢ Z m Lu :'3U � Z J U OC zO W 11 WY y 00 O¢ z EL QQ J CO) CD CDO H O O O Z w W U C7 N w _~-.. 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UZFW W J H 2 o W 3 2 Q U) •(� W 3 mLLOrH _ 2Z U2 2 ASF Cl) VIO •O V) O JVN�O W U= 2 W W JH O w a U V S N N F Q OH Q 2 O 3 LL VIS U1lD M F N��QW N HQW CC W Z N m Z Z S VIZ O 0Fw V O� U O¢O> • ¢ F O CC " C UW W NN Q i f N m Z ¢ D m F J O 03 J OCCFCC Q Z �2 VJ�OU w a z mJ . XS 2 Q FCCWZ mo VI XSNNF� W 1 W~ 10 N¢ Cl)O U ZFJU V/ O W 4.'LLN..O N O D 3 Y 3 LL Z Z NJ Z a a ow"- � U Y W F Z F W U W m JHUQ SCC CC � awaoz�-oo N 3mm m�V)LL� W U F 0 2 Z ••C]ZZ UJ N� 00 U;J W Wo O W N U U Q 3 F O • Z � N M 99 ; �«� � «,°•y 2;< . . 99 i LS VILLAGE OF MOUNT PROSPECT , IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Connor Harmon Director of Community Development Development Planner DATE: December 3rd, 2020 CASE NUMBER PZ -22-20 PUBLIC HEARING DATE December 10th, 2020 APPLICANT/PROPERTY OWNER Borislav Kalachorov/ TLMV 1117 Algonquin, LLC PROPERTY ADDRESS/LOCATION 1117 E. Algonquin Road, Arlington Heights, IL 60005 BRIEF SUMMARY OF REQUEST The Petitioner is seeking conditional use approval to operate a truck repair business at the Subject Property, also known as 1117 E. Algonquin Road. On September 1St, 2020, the Village Board voted to approve "Truck sales, rental and repair" as a Conditional Use in the 1-1 and B-4 zoning districts. Staff is supportive of the request. 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, light PROPERTY 1-1 Limited Partial 2 story warehouse industrial, office 2.39 Acres Industrial building East: 1-1 Limited Industrial, light industrial, office, storage South: 1-1 Limited Industrial, light industrial West: 1-1 Limited Industrial, storage STAFF RECOMMENDATION APPROVE <EROVE WITH CONDITION DENY 1 58 BACKGROUND/PROPERTY HISTORY The Subject Property was annexed into the Village in 2016 from unincorporated Cook County. Since annexation, annual sign permits have been obtained on the property for a temporary "for sale" sign. The property is currently vacant. PROPOSAL The Petitioner, Borislav Kalachorov, proposes operate a truck repair business at 1117 E. Algonquin Road (Subject Property). On September 11t, 2020, the Village Board voted to approve several text amendments to the zoning code. The approval included revisions to the land use table, which now allows truck sales, rental and repair as a Conditional Use in the 1-1 Limited Industrial, and B-4 Commercial Corridor zoning districts. No significant interior changes to the building are proposed, however the property owner proposes an expansion to the existing parking lot. Proposed Tenants — The Petitioner is proposing to occupy half of the existing building as C & K Truck Repair Inc., while the other half of the building is proposed to be occupied by a separate warehousing use, dba Touchstone Logistics, Inc. The warehousing use is classified as a permitted use under the land use table in the Zoning Code, therefore no further action is required. Each business proposes to store not more than 13 trucks and trailers at any one time. The proposed hours of operation for each business would be 7 AM -6 PM, Monday -Sunday. A total of 30 employees are proposed for both tenants, with 2-3 trucks entering and exiting the property daily. All truck repair and associated work will be done within the enclosed building, and out of public sight. Site Plan — In early 2020, the property owner submitted a building permit to expand the existing parking lot to accommodate additional truck parking for better attraction of potential tenants. The Subject Property is adjacent to Higgins Creek, a previously unmapped floodway that flows throughout the southern portion of the Village, and frequently causes flooding issues to properties located along the creek. The submittal triggered review by the Illinois Department of Natural Resources (IDNR) and the Metropolitan Water Reclamation District (MWRD), which both denied the proposal. The building permit filed with the Village was also denied, and was subsequently withdrawn due to the denial by IDNR and MWRD. The property owner submitted a revised site plan, which was recently approved by IDNR and is still under review by MWRD. The property owner and Petitioner continue to work on a solution with MWRD. The new site plan expands the existing parking lot, but to a lesser scale than the original submittal. A building permit will still be required by the Village to perform any work on the property. Parking — The revised site plan for the expanded parking lot features 13 truck bays, and 23 regular parking stalls. The building is 30,000 square feet and by Code, 20 parking stalls are required (1 stall per 1,500 of gross floor area), thus the parking requirement is satisfied. Landscaping — Currently, little to no site landscaping exists on the lot line abutting Algonquin Road. To properly screen the proposed trucks within the expanded parking lot, significant landscaping will be required as a buffer between the expanded parking lot and Algonquin Road. Landscaping shall consist of 2 59 large evergreens and shade trees, and shall be required as part of the expanded parking lot permit. 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 further states the conditional use will not substantially diminish or impair property values, and that the use is similar or compatible to uses on adjacent properties. The Petitioner states proper access and public utilities and facilities are existing on the property, and no further work is required. Finally, the Petitioner states the use would not be a detriment or contrary to objectives in the current Comprehensive Plan as the use would supply a needed service to the area. Staff has reviewed the Petitioner's request and is supportive. The Algonquin Road corridor is predominately zoned 1-1 Limited Industrial, and the proposed use would fit the character of the immediate area. The Petitioner states that only 2-3 trucks would enter and exit the site daily, thus the impact on traffic is relatively low. While staff is supportive of the request, other agencies are involved in the expanded parking lot approval, and the Village will not approve any alteration to the parking lot until the proper agencies have approved the expansion, and until FEMA modifies the Higgins Creek floodway. 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 a truck repair business at the Subject Property, also known as 1117 E. Algonquin Road, Case No. PZ -22-20, subject to the following conditions: 1. A permit must be obtained through the Building Department to perform any expansion to the parking lot; 2. Significant landscaping shall be installed sufficient to screen the truck trailer parking in front of the property; 3. Compliance with all Development, Fire, Building, and other Village codes and regulations." The Village Board's decision is final for this case. 3 60 illillillillillllllllllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillillillllIIIIIIIIIIIIIIIIIIIIIIlililllI -11111111111111111111 111111 11111111111111111 iill000�� ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER (Supplemental Information, ((Z]oning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received, Standards, etc...) etc... ) 1 concur: William J. Cooney, AICP Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2020\Staff Reports\PZ-22-20 1117 E. Algonquin Road (CU- Truck Repair).docx 61 DocuSign Envelope ID: 6270D553-7A80-43CA-998A-6FA74E818273 December 14,2020 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via fax: 847/818-5329 or Via email: bcooney@mountprospect.org Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our conditional use to operate a truck repair business by a 5-0 vote. Our request is scheduled to go before the Village Board for the ordinance's first reading 1/5/202 1. We are requesting that the Village Board waive the second reading, tentatively scheduled for 1/19/2021, and take final action at the 1/5/2021 meeting because we want to start working as soon as possible. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact me at 630-246-1518. Sincerely, DocuSigned by: C782A65ECA194D6... Borislav Kalachorov 1012 Emerald Dr, Schaumburg,IL 60173 62 M C� � l,.w, L I111"nois Department Natural one Natund Resources Way rin fief Illinois 62702-1271 Tl L www.nr.11llnnis.o M Pritzker, Govemor Colleen Callahan, Director Office of Water Resources * 2050 Fest Stearns Road • Bartlett, Illinois 60103 November 12, 2020 SUBJECT: Permit No. I E20200 g 1117 E. Algonquin Fid. Parking Lot Improvements Higgins Creel Cook County, Application No. N202000162 Joe Lampi nano TL1, LLC 1900 Wright Blvd. Schaumburg, Illinois 60193 Dear Mr. Larnpignano: Enclosed is Illinois Department of Natural Resources, Office of Water Resources Permit No. IE20009 authorizing the subject project. This permit does not supersede any other federal, state or local authorizations that may be required for the project. Please be advised that the Illinois Department of Natural Resources, es, Division of Ecosystem and Environment (DEE) participates in the regulatory programs of the U.S. Army, Corps of Engineers USAGE and may review this project if a USACE Section 10 or 404 permit is required. Issuance of a permit by the Office of Water Resources does not preclude DEE's provision of comments and/or recommendations, primarily related to biological effects of the proposed action, to the USAGE and other federal agencies concerning your project. If any changes of the permitted work are found necessary, revised plans should be submitted promptly to this office for review and approval. Also, this permit expires on the date indicated in Condition (13). If you are unable to complete the work by that date, the permittee may make e written request for a time extension. Please contact Kevin Hoobler of my staff at 3471608-3116 if you have any questions. Sincerely, William T. Boyd, P.E. Chief, Northeastern Illinois Regulatory Programs Section VTB/BCH: cjp Enclosure cc: Chicago District, U.S. Array Corps of Engineers Village of Mt. Prospect Engineering Department Trudy Buehler, Mackie Consultants, LLCM PERMIT NO. NE2020059 DATE: November 12, 2020 State of Illinois Department of Natural Resources, Office of Water Resources ermission is hereby granted to: TLIV, LLC 1900 Wright Blvd. Schaumburg, Illinois 60193 i reconstruct a parking lot and to construct a stormwater management area within the flood ay of 0 igg 1 ns Crook in the North gest Quarter of Section 23, Towns h1p 41 N orth, Range 11 East of the Third rincipal Meridian in Cook County, n accordance with an application dated August 17, 2020, and the plans and specifications entitled: PARKING LOT IMPROVEMENTS, 111' ALGONQUIN ROAD, VILLAGE of MOUNT PROSPECT, ILLINOIS, COVER SHEET, DATED JUNE, 289 2019, LAST DEVISED JUNE 229 2020, SHEETS 2, 8 AND 7 of 129 DATED JUNE 289 2019, LAST REVISED ISED JANU R 15, 2020, FLOODWAY IMPROVEMENTS — PLAN VI II, P RING LOT IMPROVE M E NTS, 111' ALGON UIN ROAD, M 0 Y�N T PROSPECT, ILLl NOI S, SHEETS 1, 2 AND 3 of 3, DATED AUGUST '11, 2020, RECEIVE0 RECEIVEAUGUST 25, 2020. camined and &rn ded: 1 01 '�d),FA.rL I, r hitiarn T. Boyd, Ch' f ortheatern IL Regulatory rograms section Colpse" n Callahan11 Director Department of Natural Iesou PERMIT is subject to the terms and special conditions contained herein. PERMIT NO. NE2020059 THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: 1) This permit Is granted In accordance with the Fivers, Lakes and Streams Act "'615 ILLS ." ) This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the activity or any part thereof will be located, or otherwise grant to the permittee any right or Interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties. 3) This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or Invasion of private rights. 4) This permit does not relieve the permittee of the responsibility to obtain other federal, state or local authorizations required for the construction of the permitted activity; and If the permittee is required by law to obtain approvals from any federal or state agency to do the work, this permit is not effective until the federal and state approvals are obtained. If construction does not begin within two Mears of the date of this permit, the permittee must submit the project to EcoDat (http://dnr.illinois.gov/EcoPublic/) for an updated consultation under the Illinois Endangered Species Protection Act and the Illinois Natural Areas Preservation Act. The permittee shall, at the permittee's own expense, remove all temporary piling, cofferdams, false work, and material Incidental to the construction of the project. If the permittee fails to remove such structures or materials, the Department may have removal made at the expense of the permittee, ) In public waters, If future need for public navigation or other public interest by the state or federal government necessitates changes in any part of the structure or structures, such changes shall be made by and at the expense of the permittee or the permittee's successors as required by the Department or other properly constituted agency, within sixty 0) days from receipt of written notice of the necessity from the Department or other agency, unless a longer period of time is specifically authorized. 7) The execution and details of the work authorized shall be subject to the review and approval of the Department. Department personnel shall have the right of access to accomplish this purpose. Starting work on the activity authorized will be considered full acceptance by the permittee of the terms and conditions of the permit. The Department in Issuing this permit has relied upon the statements and representations made by the permittee; if any substantive statement or representation made by the permittee Is found to be false, this permit will be revoked; and when revoked, all rights of the permittee under the permit are voided. 10) In public waters, the permittee and the permittee's successors shall make no claim whatsoever to any interest in any accretions caused by the activity. 11 In Issuing this permit, the Department roes not ensure the adequacy of the design or structural strength of the structure or Improvement. 1 Noncompliance with the conditions of this permit will be considered grounds for revocation. 13) If the construction activity permitted is not completed on or before December 31, 2023 this permit shall cease and be null and void. cD 0 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -22-20 Hearing Date: December 10, 2020 PROPERTY ADDRESS: 1117 E. Algonquin Road PETITIONER: Borislav Kalachorov, C&K Truck Repair PUBLICATION DATE: November 25, 2020 REQUEST: CU: Truck Repair MEMBERS PRESENT: Joseph Donnelly William Beattie Thomas Fitzgerald Agostino Filippone Walter Szymczak MEMBERS ABSENT: Lisa Griffin Sharon Otteman Norbert Mizwicki STAFF MEMBERS PRESENT Connor Harmon, Development Planner Jason Shallcross, Senior Planner INTERESTED PARTIES: Borislav Kalachorov, Joseph Lampignano Chairman Donnelly called the meeting to order at 7:02 pm. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on October 22, 2020. The minutes were approved 4-0, with Commissioner Fitzgerald abstaining. Chairman Donnelly introduced case, PZ -22-20: 1117 E. Algonquin Road as a conditional use to operate a truck repair business. This case is Village Board final. Mr. Harmon explained the existing conditions of the Subject Property, and that currently, the property is vacant. Mr. Harmon stated the property owner applied for, and was subsequently denied an expanded parking lot permit to accompany truck parking. Mr. Harmon further stated this was due to denials from IDNR and MWRD because the property is in an existing floodway. Mr. Harmed then stated IDNR has approved an alteration to what was previously applied for, and MWRD is close to approval of the resubmittal. The new site plan shows 13 truck parking stalls and 23 regular, 9'x18' parking stalls. Mr. Harmon reiterated the case before the Commission is strictly the Conditional Use to operate a truck repair business, and not any property alterations. Mr. Harmon explained that a condition in the staff report reads considerable landscape screening must be installed to screen truck parking from Algonquin Road. The property owner provided staff with an updated landscape plan showing much more landscaping between Algonquin Road and the proposed parking lot. Planning & Zoning Commission Meeting — December 10, 2020 PZ -22-20 66 Mr. Harmon further stated there will be 30 employees, and all repair operations will be within the interior of the existing building. 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: "A conditional use permit to operate a truck repair business at the Subject Property, also known as 1117 E. Algonquin Road, Case No. PZ -22-20, subject to the conditions listed in the staff report." Mr. Harmon stated that the Village Board's decision is final for this case. Commissioner Filippone asked why truck parking should be allowed on this property. Mr. Harmon stated that truck parking is not the primary use, and is supplemental to the primary use, which is allowed by code. Mr. Shallcross stated the Petitioner will be occupying a building and operating in the building, rather than a paved parking lot with strictly truck parking. Commissioner Filippone asked why IDNR is involved in this review. Mr. Harmon stated this is due to Higgins Creek and a portion of the floodplain occupying the property. Commissioner Filippone further asked if there have been any other attempts to develop the property given the constraints of the existing floodplain. Mr. Harmon stated the only project he is aware of is the proposed expanded parking lot permit from earlier this year, which proposed a much larger parking lot than what is proposed today. Commissioner Beattie stated he believes the truck repair operation could not be more intrusive than any other proposed light industrial use. Mr. Shallcross stated other proposals have come forward, but all have involved iterations of an expanded parking lot, and due to constraints of the existing floodplain, these expansions have not been approved nor moved forward. Commissioner Filippone asked how stormwater will be diverted. Mr. Shallcross stated that besides MWRD requiring approval, there is a stormwater drainage area near the front of the property. Mr. Harmon stated the Public Works Department has been working with MWRD and the owner toward finding a solution on the proposal. Mr. Shallcross stated a vast majority of the floodplain issues are within the rear of the property, and the parking expansion is only proposed near the front of the property. Chairman Donnelly introduced the Petitioners, Borislav Kalachorov, , 1012 Emerald Drive, Schaumburg, I L. The Petitioner stated he is proposing a truck repair business at the Subject Property to repair trucks. Planning & Zoning Commission Meeting — December 10, 2020 PZ -22-20 67 3 Commissioner Filippone stated he is primarily in support because of site constraints and floodplain concerns with attracting tenants to the property, and with that the property owner proposes stormwater detention and mitigation of floodplain issues. Hearing no further comments Chairman Donnelly closed the hearing and asked for a motion. Commissioner Filippone made a motion seconded by Commissioner Beattie to approve: "A conditional use permit to operate a truck repair business at the Subject Property, also known as 1117 E. Algonquin Road, Case No. PZ -22-20, subject to the following conditions: 1. A permit must be obtained through the Building Department to perform any expansion to the parking lot; 2. Significant landscaping shall be installed sufficient to screen the truck trailer parking in front of the property; 3. Compliance with all Development, Fire, Building, and other Village codes and regulations." UPON ROLL CALL AYES: Beattie, Filippone, Fitzgerald, Szymczak, Donnelly NAYS: None A vote of 5-0 was taken with a positive recommendation to the Village Board. Hearing one additional case, Commissioner Filippone made a motion seconded by Commissioner Beattie and the meeting was adjourned at 9:20 PM. CoA^A-ol 4-ov�s� Connor Harmon Development Planner Planning & Zoning Commission Meeting — December 10, 2020 PZ -22-20 68 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TRUCK REPAIR BUSINESS FOR THE PROPERY LOCATED AT 1117 E. ALGONQU I N ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Borislav Kalachorov, (Petitioner), has filed a petition for a Conditional Use to operate a truck repair business for property located at 1117 E. Algonquin Road (Property) and legally described as: THE EAST 235 FEET OF THE WEST Y2 OF THE NORTHWEST/40F SECTION 23,TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTH LINE OF ALGONQUIN ROAD AS DEDICATED BY INSTRUMENT RECORDED AS DOCUMENT 11195786, (EXCEPT THE SOUTH 658.83 FEET THEREOF) IN COOK COUNTY, ILLINOIS.. PROPERTY INDEX NUMBER: 08-23-101-015-0000 WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ -22-20 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10" day of December, 2020, pursuant to proper legal notice having been published in the Journal & Topics (Mount Prospect edition) on the 25" day of November, 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 -22-20; 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 request meets the standards of the Village and that the granting of the Conditional Use to operate a truck repair business for the property located at 1117 E . Algonquin Road 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 ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect grant a Conditional Use to operate a truck repair business for property located at 1117 E. Algonquin Road, as shown on the Paving Plan/ Parking Lot Improvements ,attached as Exhibit "A", dated June 28, 2019, revised August 23, 2019, further revised January 15, 2020, subject to the following conditions: 1. "A permit must be obtained through the Building Department to perform any expansion to the parking lot;; 2. Significant landscaping shall be installed sufficient to screen the truck trailer parking 69 in front of the property; I Compliance with all Development, Fire, Building, and other Village Code and Regulations." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 5t" day of January 5, 2021 Arlene A. Juracek Mayor ATTEST: Karen M. Agoranos Village Clerk 70