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Home My WebLink About6. NEW BUSINESS 12/18/2007 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ FROM: DIRECTOR OF COMMUNITY DEVELOPMENT TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: OCTOBER 12,2007 SUBJECT: PZ-31-06 - MAP AMENDMENTN ARIA TIONS/CONDITIONAL USE 1700 E. EUCLID AVE., 1303 WOLF ROAD, AND COMED ROW GENDELL PARTNERS - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-31-06, a request to rezone a portion of the CornEd right-of-way, setback and building height variations, and Conditional Use approval for a drive-thru, as described in the attached staff report. The Planning & Zoning Commission heard the request at the September 27, 2007 meeting. The Subject Property is located at the northeast comer of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties and a portion of the Commonwealth Edison right-of-way (ROW). The Petitioner proposes to resubdivide the properties and construct a 2-story, 23,200i square foot commercial/retail center. Relief is required from the Village's zoning regulations, and the Petitioner has requested Variations for the proposed setbacks and building height. The Planning & Zoning Commission discussed the project at length and found that the proposal is in keeping with the recently adopted Comprehensive Land Use Plan. However, minor changes to the landscape plan were necessary. The Commissioners questioned the Petitioner on the proposed building height and learned the requested 36'4" height was necessary to screen the mechanical equipment. Also, relief was being sought from the 10' perimeter setback requirements because the drive-thru includes an 'escape lane' as requested by the Village's Traffic Engineer and there is a significant water main which limits shifting the building east, to meet the setback requirement. The Commission discussed requiring the Petitioner install a bike path in the CornEd ROW to connect the train station to the proposed development. There was discussion concerning the path's location, intended users, and necessary approvals. The Petitioner stated he agreed to the conditions listed in the Staff Report, which includes installing sidewalk along Wolf Road and participating in a cost-sharing program with Prospect Heights to install sidewalk from the project site to the train station, which is located in Prospect Heights. However, the Petitioner stated he could not commit to installing a bike path in the CornEd ROW because CornEd's approval was necessary. The Petitioner also stated that he could not commit to installing a bike path along the Wolf Road ROW because he and his design team did not know the ROW dimensions, or whether IDOT would allow the proposed improvements as Wolf Road is under their jurisdiction. The Commission stated that a bike path would be beneficial to the area, but that the contiguous sidewalk as proposed and agreed to by the Petitioner would meet the immediate needs of the community until Staff could contact Prospect Heights and Com Ed and verify whether a bike path in this area was possible. PZ-31-06 October 12, 2007 Page 2 Per Village Code, the Petitioner is responsible for the entire cost of sidewalk along the perimeter of the project area. Staff had previous conversations with the Petitioner concerning the installation of a sidewalk beyond the project area limits that would link the development to the train station located in Prospect Heights. In these previous conversations, the Petitioner agreed to pay 50% of the cost, up to $50,000, to install sidewalk along Wolf Road, in Prospect Heights. Staff recommends the $50, 000 dollar amount be noted as a condition of project approval. The Planning & Zoning Commission voted 6-0 to recommend that the Village Board approve the: 1) map amendment, 2) building and setback Variations, and 3) Conditional Use approval for a drive-thru necessary to construct a commercial/retail center with a drive-thru, subject to the conditions listed in the Staff Report and the conditions listed below, for the properties located at the northeast comer of Wolf Road and Euclid Avenue, Case No. PZ-31-06. 1. Extend parkway trees and landscaping to the end of the project property lines; 2. The drive-thru lane cannot be used as a de-facto loading zone; 3. Modify all plans to correctly reflect the requested Variations (elevations, site plan, landscape plan, engineering); and 4. Modify Map Amendment Approval #1.b to read: The Petitioner shall participate in a cost sharing program, up to $50, 000, to install sidewalk from the Subject Property to the adjacent train station. Please forward this memorandum and attachments to the Village Board for their review and consideration at their October 16, 2007 meeting. Staff will be present to answer any questions related to this matter. ~1~1o~ H:\PLAN\Planning & Zoning COMM\P&Z 2007\MEJ Mcmos\PZ-31-06 MEJ MEMO (NEe Wolf - Euclid).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-31-06 Hearing Date: September 27,2007 PROPERTY ADDRESSES: 1303 Wolf Road & 1700 E. Euclid (Northeast Comer of Wolf and Euclid) PETITIONER: Gendell Partners Euclid & Wolf, LLC / Dan Wander PUBLICATION DATE: August 8, 2007 PIN NUMBER: 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000 REQUEST: I) Map Amendment, 2) Conditional Use approval, and 3) Variations MEMBERS PRESENT: Richard Rogers, Chairperson Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Keith Youngquist MEMBERS ABSENT: Mary McCabe STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Dan Wander, Luay Aboona, Todd Shaffer, Peter Uliasz, Jeff Glenner Chairman Richard Rogers called the meeting to order at 7:30 p.m. Leo Floros made a motion to approve the minutes of the July 26, 2007 meeting and Joe Donnelly seconded the motion. The minutes were approved 3-0, with Marlys Haaland, Ronald Roberts, and Keith Youngquist abstaining. After hearing one previous case, Chairman Rogers introduced Case PZ- 31-06, a Map Amendment, Conditional Use approval and a Variation at 1303 Wolf Road at 8:20 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located at the northeast corner of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties and a portion of the Commonwealth Edison right-of-way (ROW) with related improvements. Two of the Subject Properties are zoned B4 Commercial Corridor, and the CornEd ROW is zoned CR Conservation Recreation. The Subject Property is adjacent to the Wisconsin Central Rail Road line to the north and east, and is across the street from RX Single Family and CR to the west, and RI Single Family and B3 Community Shopping are located to the south, across Euclid Ave. Ms. Connolly said the Petitioner proposes to resubdivide the properties and construct a 2-story, 23,000+ square foot commercial/retail center. In order to do so, the CornEd Right of way has to be rezoned and the project site has to be consolidated to a one-lot subdivision. The Petitioner submitted a plat of re-subdivision that indicates that the proposed Lot I contains the commercial/retail center and the proposed Lot 2 is the remaining CornEd ROW. She said the Petitioner has entered into a long-term ground lease with CornEd, and the Petitioner owns the areas noted as Parcel I and 2 on the plat, whereas Com Ed will retain ownership of its ROW listed as Parcel 3. Also, relief is required from the Village's zoning regulations, and the Petitioner has requested variations for the proposed setbacks and building height. Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27,2007 PZ-31-06 Page 2 Ms. Connolly stated that the Petitioner's site plan indicates the site will be modified, allowing for right-in/right- out only access from Euclid Avenue, and full access from Wolf Road. The site plan indicates the proposed building will be located closest to the Wolf/Euclid frontages, with a drive-thru lane along the perimeter of the west and south elevations of the building; parking for the entire development will be located north and east of the building. Ms. Connolly said the proposed building complies with the Village's required setbacks and the site is below the 75% lot coverage limitation. She showed a table noting the proposed perimeter setbacks are less than the required 10-feet in some areas which requires relief along the north lot line, and along sections of the west and south lot lines. Ms. Connolly stated that the Petitioner's submittal indicates multiple tenants will occupy the building, however not all leases have been finalized. Therefore, the Petitioner's parking analysis is based on anticipated leases, and the actual leased spaces may differ. Ms. Connolly said the site plan shows that 127 spaces will be provided, and the Petitioner is not seeking a parking Variation. Therefore, the site will be required to comply with the Village's parking requirements. She showed a table reflecting the Village's parking requirements, the Petitioner's anticipated tenants, and the required amount of on-site parking. The table shows the site will meet the Village's parking requirement subject to the second restaurant being a sit-down restaurant instead of the fast-food restaurant without a drive-thru as noted on the Petitioner's parking analysis table. Ms. Connolly stated that the Petitioner prepared elevations for the proposed buildings. The revised building height measures 36-feet, 4-inches from grade. The additional height is necessary for screening purposes and the majority of the building measures closer to 29-feet from grade. However, a Variation is necessary because the maximum building height in the 84 District is 3-stories or 30-feet, whichever is less, and the proposed height is 36-feet, 4-inches. Ms. Connolly said the Petitioner submitted a landscape plan that includes a variety of plant species. The perimeter of the property includes year-round plantings and lawn. Due to the high traffic volume and speed along Wolf and Euclid, Staff suggests replacing the lawn with a salt-hardy ground cover material that requires minimal maintenance. In addition, there is an opportunity to include additional low-growing plantings along the south lot line which will also enhance that view by minimizing the impact of the drive-thru window. Ms. Connolly stated that the Petitioner's plans call for the installation of two trash enclosures. Details on the trash enclosures were not submitted and the enclosures will be located along the north lot line, in the required 10-foot setback. Staff does not object to the proposed locations because the adjacent property is the CornEd ROWand it will not be obvious how close the enclosures will be to the lot line. However, Staff recommends the Petitioner construct the 3-sided enclosures out of a brick material that matches the building or at least a smaller size colored eMU material. The enclosures are required to have a 6-foot tall gate on the 4th side. The Petitioner submitted a traffic study, which the Village's Traffic Engineer reviewed. The Traffic Engineer had minor comments which relate to: 1. The Traffic Impact Study showing an increase in delay with several of the individual movements at the intersection of Wolf Road and Euclid Avenue. Therefore, the developer must contact the Illinois Department of Transportation (IDOT) to determine if timing modifications need to be made to provide the optimal timing program taking into account the additional traffic. 2. Also, the site plan shows the proposed Wolf Road driveway to be located within the limits of the southbound left-turn taper along Wolf Road. Consequently, the developer must contact lOOT Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27,2007 PZ-3l-06 Page 3 to determine if any pavement marking modifications need to be made so as to prevent a conflict between left turning vehicles into the site and vehicles turning left at Euclid Avenue. Ms. Connolly said the Petitioner submitted a lighting plan for the parking lot. The plan indicates the proposed light levels for the commercial development. While the light levels listed on the plan are within the Village's limitations, the uniformity ratios, which relates to the spacing of the light fixtures, do not comply with code, which could create dark spots. Also, parking lot light and wall mounted fixture information was not provided. The Petitioner is not seeking relief from the Village's lighting regulations and is required to modify the plan to comply with the Village's regulations. Ms. Connolly stated that the Petitioner's site plan indicates two freestanding signs will be installed, which is allowed per the Village's Sign Code because the project has frontage on two streets. One freestanding sign would be located north of the Wolf Road driveway and the second would be located east ofthe Euclid Avenue driveway. The information submitted indicates the size of the both freestanding signs appears to comply with the Village's Sign Code regulations, but the Wolf Road sign would be located within the required 10-foot sight triangle. The sign needs to be relocated to ensure its location complies with the Village's Sign Code regulations. In addition to the freestanding signs, the Petitioner's elevations indicate wall signs for each tenant; compliance for those signs will be confirmed at time of sign permit application. The proposed development (Lot 1) would be zoned B4 Commercial Corridor; the CornEd ROW (Lot 2) would retain its CR District designation and remain unimproved. She showed a table summarizing the proposed and required bulk regulations for the B4 District and that the proposed development requires Variations from the perimeter parking lot setback and building height. Ms. Connolly said the standards for a Variation are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Variation. These standards relate to: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and . Protection of the public welfare, other property, and neighborhood character. Ms. Connolly stated that the Subject Property has an irregular shape and the building was designed so it would not be located under the CornEd lines. While the building itself complies with the Village's bulk regulations, the site does not have the required 10-foot landscape setback along all four sides of the Subject Property. Also, the building height was increased for screening purposes and to provide architectural interest. The proposed development was designed to minimize the scope and number of Variations and still create a viable retail development in an underserved area of the Village. The location of the CornEd lines and the shape of the Subject Property create challenges in complying with the Village's zoning regulations. However, increasing the quantity and quality of the perimeter landscaping as previously noted would mitigate the impact of setbacks less than 10-feet. Also, the intention of the additional building height is to protect the public welfare and neighbor character. Ms. Connolly said in order to approve the proposed drive-thru, the request has to meet the standards for a Conditional Uses, as listed in the Zoning Ordinance. These standards relate to: . The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; Richard Rogers, Chainnan Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 4 . 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. Ms. Connolly stated that the Petitioner's plans include closing two of the four existing drives and locating the driveway in a manner that ensures safe access. Also, signage and striping will be added to ensure vehicles know how to access the drive-thru. The Village's Traffic Engineer reviewed the proposal and only had minor comments. In addition, the drive-thru is located over 300-feet from the closest house, with a gas station being located closer to the homes than the drive-thru. Ms. Connolly said the property is located along a commercial corridor. The Subject Property is adjacent to the Wisconsin Central Rail Road line, and is across the street from Single Family homes and a church to the west, and Single Family homes and a gas station to the south. The Comprehensive Land Use Map designates the subject properties as Neighborhood Commercial, which the proposal is in keeping with. Also, the proposed B4 zoning designation is noted for the Neighborhood Commercial designation. Ms. Connolly stated that the development is located in close proximity to a train station. Currently, the area lacks a pedestrian connection from the Subject Property to the train station. Based on the infonnation submitted by the Petitioner, it is reasonable to expect that train commuters would patronize the coffee shop en route to the train station. Consequently, requiring the Petitioner to participate in a cost sharing program with Prospect Heights to install sidewalk from the Subject Property to the train station would ensure the development complies with the goals and objective of creating pedestrian access and linkages through out the Village (the Petitioner is required by code to provide sidewalk for the Subject Property). Subject to providing the ped-link, the request is in keeping with the Village's recently adopted Land Use Map and Comprehensive Plan. Ms. Connolly said the standards for Map Amendments are listed the Zoning Ordinance. When a Map Amendment, or commonly referred to as rezoning a property, is proposed, the Planning and Zoning Commission has to find that the rezoning request would be: . Compatible with existing uses and the zoning classifications of property within the general area of the property in question; . The permitted uses listed in the proposed zoning classification would be compatible with the surrounding property; . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistent with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Ms. Connolly stated that two of the properties are currently zoned B4; however a portion of the CornEd ROW requires rezoning from the CR District to the B4 District. The request and proposed development would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. Ms. Connolly said the proposed development meets the Map Amendment, Variation, and Conditional Use standards contained in the Zoning Ordinance, subject to the Petitioner addressing items noted in the Staff report. Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion for the Richard Rogers, Chainnan Planning & Zoning Commission Meeting September 27,2007 PZ-31-06 Page 5 properties located at the northeast comer of Wolf Road and Euclid Avenue (1700 E. Euclid Avenue, 1303 Wolf Road, and a portion of the CornEd right-of-way): "To approve: 1) A Map Amendment to rezone portions of the Com Ed ROW from CR Conservation Recreation to B4 Commercial Corridor subject to: a. Obtaining approval from CornEd for the project; b. The Petitioner participating in a cost sharing program to install sidewalk from the Subject Property to the adjacent train station. 2) Setback Variations to allow less than a IO-foot landscape setback along the perimeter of the property as shown on the Petitioner's site plan prepared by OKW Architects dated August 28,2007: Pro osed Perimeter Setback North South East West 4' - Re uires Variation A rovaI 7' at narrowest setback - Re uires Variation A roval 10' (com lies) 7' at narrowest setback - Re uires Variation A roval 3) Variation approval to allow a building height of 36'4" as shown on the Petitioner's revised elevations prepared by OKW Architects dated August 28, 2007; 4) Conditional Use approval of a drive thru subject to the following: a. All parking lot areas designed to store stonnwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be pennitted in paved areas designated to store stonnwater detention. b. Wolf Road is under the jurisdiction of the Illinois Department of Transportation and Euclid Avenue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. c. Development of the site in general confonnance with the site plan prepared by OKW Architects dated August 28, 2007 but revised to include 3-sided enclosures constructed from a brick material that matches the building or a smaller size, colored CMU material. d. Development of the site in general confonnance with the landscape plan prepared by OKW Architects dated August 28, 2007, but revised to include more low-growing, year-round plants along the south lot line. e. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record and shall include an easement over the 36" water transmission main, upon receipt of that infonnation from the Northwest Water Commission. f. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. g. Prior to issuance of a Building Penn it, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. h. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must done as noted in Sec. 15.402 of the Village Code." Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-31-06 Page 6 The Village Board's decision is final for this case. Chairman Rogers thanked Staff for their comprehensive report. Keith Youngquist asked if the only full access is on Wolf Road. Ms. Connolly confirmed and added that the entrances and exits were designed to least impede traffic patterns in that area. Chairman Rogers asked if the Subject Property would be consolidated into one lot of record. Ms. Connolly stated that the property would be two lots of record; the CornEd Right of Way and the proposed development. She showed exhibits displaying the proposed two lots of record. Joseph Donnelly asked if there is a menu board proposed for Starbucks. Ms. Connolly said the Petitioner would be allowed to have a menu board. Mr. Donnelly said he would like to see that menu board located away from the street side. He said the menu board should have been presented as part of the complete package. Chairman Rogers asked about the proposed signage for the tenants at the center. Ms. Connolly said the Sign Code does allow for display of up to six tenant names on the identification sign. Chairman Rogers swore in Dan Wander of Terraco, Inc.8707 Skokie Boulevard, Skokie, Illinois, Luay Aboona of KLOA Inc. 9575 W. Higgins Road, Rosemont Illinois, Todd Shaffer of Haeger Engineering 1300 North Plum Grove Road, Schaumburg, Illinois, and Peter Uliasz of OKW Architects, 600 West Jackson Street, Chicago, Illinois. Mr. Wander thanked Staff for a comprehensive presentation. He gave a brief overview of the project and stated that this project has been years in the making. Terraco is looking forward to developing an under-served area of the Village. He gave a brief history on the lease agreement and land ownership. He showed a site plan demonstrating the location of the power lines, the proposed buildings, and parking. Mr. Wander stated he would like to address the conditions of approval as presented by Staff. He said they have met with Prospect Heights and have made monetary commitments for the future development of pedestrian sidewalks to the Prospect Heights train station. He stated they would work with mOT to secure the necessary permits for curb cuts. Terraco is willing to abide by the Village requirements for landscaping and screening. Mr. Wander stated that they have secured a lease with Starbucks; however that project is not far enough along to discuss the details of the menu board. Mr. Uliasz gave a brief synopsis of the project. He said the high-tension wires going over the Subject Property, added height restrictions to the building, forcing them to locate the building closer to the west lot line. The building placement was dictated by the constraints of the lot. He stated the curb cuts, drive thru lanes, and parking orientation were all dictated by street traffic and the railroad crossing. Mr. Uliasz gave an overview of the proposed signage, trash enclosure locations, and lighting for the project. He also summarized the proposed landscaping plan. He stated that the high-tension lines running over the site have limited the height of light poles and tress that can be placed on the property. Mr. Uliasz said aside from Starbucks, they are looking at securing national tenants for the lower level and a medical clinic for the second floor. He showed elevations of the project, with a distinct second floor to distinguish the medical office building from the first floor retail. He showed examples of the proposed fayade materials to the Commission. Chairman Rogers asked if the stucco-material is drivel. Mr. Uliasz confirmed that the material is not drivet. He said it is on insulation board and has a nice texture. Chairman Rogers asked why the landscaping was not continued all the way to the railroad tracks or to the tip of the "triangle." Ms. Connolly clarified that the Village Forester will determine how many parkway trees can be planted on site and the developer is financially Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27,2007 PZ-31-06 Page 7 responsible for providing parkway trees every 40 feet. Mr. Uliasz said they are agreeable to planting whatever trees are required or suggested by the Village Forester. There was general discussion regarding planting trees in various areas on the proposed site. Chairman Rogers reiterated the need for parkway trees all the way to the railroad tracks. Chairman Rogers stated that the Village Code has requirements and restrictions to signage and he wants Starbucks to be aware of these restrictions. Mr. Donnelly said Prospect Heights has a bike trail running along the tracks into the parking lot. He asked if they are going to make the sidewalk an additional 3-feet wide to accommodate the bike path. Mr. Wander said they had only discussed the sidewalks at this point. Mr. Shaffer said the sidewalk width will need to be coordinated with Mount Prospect and the adjacent municipality. Chairman Rogers said there is a need to connect the Subject Property to the bike path. Mr. Donnelly stated there is a push to have additional bike paths along the power lines. He said he would like the bike path issue addressed. Mr. Wander said it would be limiting to try and accommodate both a sidewalk and bike path. He said discussions with Prospect Heights did not include a bike path. Ms. Connolly said she is not sure if there is enough physical space to allow the 8-foot pathway in the Wolf Road ROW. Chairman Rogers stated that he would like the possibility of a bike path discussed with the developer. Mr. Donnelly asked about headlight screening from the drive thru lane. Mr. Uliasz said the proposed landscape screening should be sufficient to screen headlights from the street. Keith Youngquist stated that the plans show the second egress doors will be along the drive thru lane and asked if the deliveries are anticipated through the front entrances. Mr. Uliasz said the tenants will be receiving small deliveries such as Fed Ex through the front entrances. Mr. Youngquist asked for clarification on the trellis element. He said the elevations are unclear as to the size of the trellis. Mr. Uliasz stated that the trellis would start near the drive thru window, tie into the comer of the building, and project out on the east side of the building for the outdoor dining area. The trellis over the drive thru lane is cantilevered and there is no support column for that part of the trellis. There was general discussion regarding the building materials and the elevator/mechanicals screening. Mr. Donnelly asked if this is a LEEDS building. Mr. Uliasz said no. There was general discussion regarding the roof elevations and the elevator mechanicals. Mr. Uliasz said the roof height at the coping ranges from 33.4 feet on the south end to 30.4 feet on the north end. Mr. Youngquist asked if all the mechanicals can be accommodated at one end of the building. Mr. UJiasz said the sloping design of the building would allow additional mechanicals to be screened if necessary, behind the parapet wall. Chairman Rogers asked if the second floor is office space or clinic space. Mr. Wander said it is slated to be medical office use; including appointments. Ms. Connolly said the parking has been calculated to accommodate a medical clinic use. Mr. Donnelly asked again ifTerraco is purchasing the CornEd property. Mr. Wander stated that they have made a 99-year ground lease agreement with CornEd. Terraco will be paying the property taxes. There was additional discussion on the lots of record and the 99-year ground lease agreement. Mr. Donnelly asked if the lower power line going over the east end of the Subject Property will still feed the residential area south of the Subject Property. Mr. Wander said that power line is being relocated and as far as he knows, will continue to service the residential areas. Chairman Rogers had questions regarding water detention. Mr. Shaffer said the drainage on the site runs from north to south. Their proposal does not require detention from MWRD, but the municipality does. They are providing a combination of underground storage and parking lot storage. Chairman Rogers asked how large of an area this covers. Mr. Shaffer showed the area of the parking lot where the underground water detention would be located. Mr. Shaffer said Illinois American Water serves this area of the Village and they have contacted them to provide service to this property. Richard Rogers, Chairman Planning & Zoning Commission Meeting September 27, 2007 PZ-3I-06 Page 8 Mr. Donnelly asked if the Fire Department has reviewed the plans for truck access. Ms. Connolly confirmed that the Fire Department has reviewed and approved the plans. Chairman Rogers called for further questions; hearing none, the public hearing was closed at 9:44 p.m. Keith Youngquist made a motion to approve Map Amendments, a Conditional Use, and Variations at 1303 Wolf Road as presented by Staff, with the additional conditions as follows: I . The landscaping will be extended to the edges of the property; 2. The drive thru lane cannot be used as a default loading zone; and 3. The Petitioner will provide revised elevations and site plans to the Village Board. Marlys Haaland seconded the motion UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Roberts, Youngquist, Rogers NAYS: None Motion was approved 6-0. After hearing four additional cases, Joseph Donnelly made a motion to adjourn 11: 17 p.m., seconded by Ronald Roberts. The motion was approved by a voice vote and the meeting was adjourned. Stacey Dunn, Community Development Administrative Assistant "j),l;':Ufn\,nl'; and ~~1!nl~?s'.ld(\\I;';\I(Ii..~1il S(:uln:~.,,',_T'cmp(llary Im,,:l'nc! l:ik..;"tHl--,f\!f.P:/-3 f..06 I.'~O.~ \\/dll>"Joc .~ TERRACO, INC. 8707 Skokie Boulevard Suite 230 Skokie. Illinois 60077 Real Estate Development & Management 847.679.6660 Fax 847.679.6695 info@TerracoReaIEstate.com www.TerracoReaIEstate.com October 6, 2007 VIA EMAIL AND REGULAR MAIL ~ @ ~,.'" William 1. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: Request for Waiver of Second Reading NEe Wolf Road and Euclid Avenue Dear Mr. Cooney, The Planning & Zoning Commission recommended approval of our requests for rezoning a portion of the Subject Property, Variations, and a Conditional Use for a drive-thru for the above referenced property by a 6-0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading October 16, 2007. Weare requesting that the Village Board waive the second reading, tentativdy scheduled for November 6, 2007, and take final action at the October 16, 2007 meeting. We are eager to start the project as soon as possible and we look forward to working with you in the near future. We appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847.679.6660. Sincerely, l1/L /'! J/' ./ /f' /:? ,,/ /<~ ,- /}/ /$-- Jeffrey B. Glenner Gendell Partners Euclid & Wolf, LLC Daniel 1. Wander Gendell Partners Euclid & W olf,LLC Village of Mount Prospect Community Development Department CASE SUMMARY - PZ-31-06 LOCATION: PETITIONER: OWNERS: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUESTS: 1700 E. Euclid Ave., 1303 Wolf Road, and portion of CornEd right-of-way Gendell Partners Euclid & Wolf, LLC / Dan Wander Commonwealth Edison, S & B Industries, McLennan Co. 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000 5.54 acres (Lot 1: 2.16 acres / Lot 2: 3.38 acres) B4 Commercial Corridor and CR Conservation Recreation Vacant commercial properties and CornEd right-of-way (with overhead lines) 1) Map Amendment, 2) Conditional Use approval, and 3) Variations LOCATION MAP MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIR FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: SEPTEMBER 20, 2007 HEARING DATE: SEPTEMBER 27,2007 SUBJECT: PZ-31-06 - MAP AMENDMENT AND CONDITIONAL USE 1700 E. EUCLID AVE., 1303 WOLF ROAD, AND PORTION OF COMED RIGHT- OF-WAY - GENDELL PARTNERS BACKGROUND A public hearing has been scheduled for the September 27, 2007 Planning & Zoning Commission meeting to review the application by Gendell Partners (the "Petitioner") regarding the properties located at 1700 E. Euclid Ave., 1303 Wolf Road, and a portion of the CornEd right-of-way (the "Subject Property"). The Petitioner is seeking: 1) Map Amendment, 2) Conditional Use approval, and 3) Variations to construct a retail center with a drive-thru. The P&Z hearing was properly noticed in the August 8, 2007 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the northeast comer of the intersection of Wolf Road and Euclid Avenue. It has an irregular shape, and includes two vacant commercial properties (the former commercial buildings were recently demolished) and a portion of the Commonwealth Edison right-of-way (ROW) with related improvements. Two of the Subject Properties are zoned B4 Commercial Corridor, and the CornEd ROW is zoned CR Conservation Recreation. The Subject Property is adjacent to the Wisconsin Central Rail Road line to the north and east, and is across the street from RX Single Family and CR to the west, and Rl Single Family and B3 Community Shopping is located to the south, across Euclid Ave. SUMMARY OF PROPOSAL The Petitioner proposes to resubdivide the properties and construct a 2-story, 23,200! square foot commercial/retail center. In order to do so, the CornEd ROW has to be rezoned and the project site has to be consolidated to a one-lot subdivision. The Petitioner submitted a plat of re-subdivision that indicates that the proposed Lot 1 contains the commercial/retail center and the proposed Lot 2 is the remaining CornEd ROW. The Petitioner has entered into a long-term ground lease with CornEd, and the Petitioner owns the areas noted as Parcell and 2 on the plat, whereas Com Ed will retain ownership of its ROW listed as Parcel 3. Also, relief is required from the Village's zoning regulations, and the Petitioner has requested variations for the proposed setbacks and building height. The various elements ofthe Petitioner's proposal are outlined below: PZ-31-06 Planning & Zoning Commission Meeting September 27,2007 Page 3 Site Plan The proposed site plan indicates two of the four existing driveways will be eliminated, allowing for right-in/right- out only access from Euclid Ave., and full access from Wolf Road. The site plan indicates the proposed building will be located closest to the Wolf/Euclid frontages, with a drive-thru lane along the perimeter of the west and south elevations of the building; parking for the entire development will be located north and east of the building. The proposed building complies with the Village's required setbacks and the site is below the 75% lot coverage limitation. The following table lists the proposed perimeter setbacks and the Village's required minimum setback. The table shows that the project requires relief from the 10' perimeter landscape setback requirement along the north lot line, and along sections of the west and south lot lines. 10' Perimeter Landscape Setback Required Proposed Perimeter Setback North 4' - Requires Variation Approval South 7' at narrowest setback - Requires Variation Approval East 10' (complies) West 7' at narrowest setback - Requires Variation Approval Lot Covera2e 75% maximum allowed / 73% proposed Parking Sec.14.2224 of the Village Code lists parking regulations, which are based on the proposed use. The Petitioner's submittal indicates multiple tenants will occupy the building, but Staff understands all leases have not been finalized. Therefore, the Petitioner's parking analysis is based on their anticipated leases, and the actual leased spaces may differ. There appears to be an oversight on the Petitioner's parking information table: when the Village's parking regulation is applied to Tenant 6, the number of parking spaces for Tenant 6 increases to 25 spaces instead of the Petitioner's anticipated need of 19 parking spaces. Consequently, the site needs 130 spaces per Village Code, but only 127 spaces will be provided. However, the calculations for Tenant 4 may be adjusted, depending on the actual tenant and whether the restaurant will include tables as opposed to being strictly a fast food restaurant. The following table reflects the Village's parking requirements, the Petitioner's anticipated tenants, and the required amount of on-site parking. The table shows the site will meet the Village's parking requirement subject to the second restaurant being a sit-down restaurant instead of the fast-food restaurant without a drive-thru as noted on the Petitioner's parking analysis table. The Petitioner is not seeking a parking Variation and the site will be required to comply with the Village's parking requirements. Pro osed Tenant/Use Pro osed Parkin Doctors' Office ENH 11,000 sq. ft. Coffee Sho Starbucks 1,700 sq. ft. Tenant 2 Retail 1,500s .ft. Tenant 3 Retail 1,500 sq. ft. Tenant 4 Restaurant 1,500 s . ft. TenantS Retail 2,200 s . ft. Tenant 6 Restaurant 2,200 s . ft. PZ-31-06 Planning & Zoning Commission Meeting September 27,2007 Page 4 Building Elevations The Petitioner prepared elevations for the proposed buildings. The 2-story building includes brick masonry accents, stucco and metal panels, and expansive windows on the first floor. A painted metal trellis was included for architectural interest. The building height measures 31' 11 " from grade. The additional height is necessary for screening purposes and the majority of the building measures closer to 29' from grade. However, a Variation is necessary because the maximum building height in the B4 District is 3-stories or 30-feet, whichever is less, and the proposed height is 31 ' 11". Landscape Plan The Petitioner submitted a landscape plan that includes a variety of plant species. The perimeter of the property includes year-round plantings and lawn. Due to the traffic volume and speed along Wolf and Euclid, Staff suggests replacing the lawn with a salt-hardy ground cover material that requires minimal maintenance. In addition, there is an opportunity to include additional low-growing plantings along the south lot line which will also enhance that view by minimizing the impact of the drive-thru window. Trash Enclosures The Petitioner's plans call for the installation of two trash enclosures. Details on the trash enclosures were not submitted and the enclosures will be located along the north lot line, in the required 10-foot setback. Staff does not object to the proposed locations because the adjacent property is the CornEd ROWand it will not be obvious how close the enclosures will be to the lot line. However, Staff recommends the Petitioner construct the 3-sided enclosures out of a brick material that matches the building or at least a smaller size colored CMU material. The enclosures are required to have a 6-foot gate on the 4th side. Traffic The Petitioner submitted a traffic study, which the Village's Traffic Engineer reviewed. The Traffic Engineer found the following: 1. The Traffic Impact Study shows an increase in delay with several of the individual movements at the intersection of Wolf Road and Euclid Avenue. The developer must contact the Illinois Department of Transportation (IDOT) to determine if timing modifications need to be made to provide the optimal timing program taking into account the additional traffic. 2. The latest site plan shows the proposed Wolf Road driveway to be located within the limits of the southbound left-turn taper along Wolf Road. The developer must contact IDOT to determine if any pavement marking modifications need to be made so as to prevent a conflict between left turning vehicles into the site and vehicles turning left at Euclid Avenue. Parking Lot Lighting The Petitioner submitted a photometric plan that indicates the proposed light levels for the commercial development. The light levels listed on the plan are within the Village's limitations; however the uniformity ratios do not comply, which could create dark spots. Also, parking lot light and wall mounted fixture information was not provided. The Petitioner is not seeking relief from the Village's lighting regulations and is required to modify the plan to comply with Sections 14.314 and 14.2219 prior to submitting for permit. Signage The Petitioner's site plan indicates two freestanding signs will be installed, which is allowed per the Village's Sign Code because the project has frontage on two streets. One freestanding sign would be located north of the Wolf Road driveway and the second would be located east of the Euclid Ave. driveway. The information submitted indicates the size of the both freestanding signs appears to comply with the Village's Sign Code regulations, but the Wolf Road sign would be located within the required lO-foot sight triangle. Since the height PZ-31-06 Planning & Zoning Commission Meeting September 27,2007 Page 5 of the sign exceeds 3-feet, which is the maximum height allowed for a sign in a sight triangle, the proposed sign needs to be relocated to ensure its location complies with the Village's Sign Code regulations. In addition to the freestanding signs, the Petitioner's elevations indicate wall signs would be provided for each tenant. Wall sign compliance will be confirmed at time of permit application. GENERAL ZONING COMPLIANCE The proposed development (Lot 1) would be zoned B4 Commercial Corridor; the CornEd ROW (Lot 2) would retain its CR District designation and remain unimproved. The following table summarizes the proposed and required bulk regulations for the B4 District. The table shows that the proposed development requires relief from the perimeter parking lot setback and building height. B4 Commercial Corridor Proposed Building Proposed Landscape Minimum Requirements Setbacks Lot 2 Setback Lot 2 SETBACKS: Front 30' 30' (south) 7' (south) Corner 30' 35' (west) 7' (west) Interior 10' 210' (east) 10' (east) Rear 20' 77' (north) 4' (north) Landscape Setback 10' BULIDING HEIGHT 30' mid-point 31'11" LOT COVERAGE 75% Maximum 73% VARIATION STANDARDS The standards for a Variation are listed in Section l4.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; . Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character. The Subject Property has an irregular shape and the building was designed so it would not be located under the CornEd lines. While the building itself complies with the Village's bulk regulations, the site does not have the required 10' landscape setback along all four sides of the Subject Property. Also, the building height was increased for screening purposes and to provide architectural interest. The proposed development was designed to minimize the scope and number of Variations and still create a viable retail development in an underserved area of the Village. The location of the CornEd lines and the shape of the Subject Property create challenges in complying with the Village's zoning regulations. However, increasing the quantity and quality of the perimeter landscaping as previously noted would mitigate the impact of setbacks less than 1O-feet. Also, the intention of the additional building height is to protect the public welfare and neighbor character. PZ-31-06 Planning & Zoning Commission Meeting September 27,2007 Page 6 CONDITIONAL USE STANDARDS The Petitioner's request to include a drive-thru requires Conditional Use approval. 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. The Petitioner's plans include closing two of the four existing drives and locating the driveway in a manner that ensures safe access. Also, signage and striping will be added to ensure vehicles know how to access the drive- thru. The Village's Traffic Engineer reviewed the proposal and only had minor comments. In addition, the drive- thru is located over 300-feet from the closest house, with a gas station being located closer to the homes than the drive-thru. COMPREHENSIVE PLAN DESIGNATION AND ZONING The property is located along a commercial corridor. The Subject Property is adjacent to the Wisconsin Central Rail Road line, and is across the street from Single Family homes and a church to the west, and Single Family homes and a gas station to the south. The Comprehensive Land Use Map designates the subject properties as Neighborhood Commercial, which the proposal is in keeping with. Also, the proposed B4 zoning designation is noted for the Neighborhood Commercial designation. The development is located in close proximity to a train station. Currently, the area lacks a pedestrian connection from the Subject Property to the train station. Based on the information submitted by the Petitioner, it is reasonable to expect that train commuters would patronize the coffee shop en route to the train station. Consequently, requiring the Petitioner to participate in a cost sharing program with Prospect Heights to install sidewalk from the Subject Property to the train station would ensure the development complies with the goals and objective of creating pedestrian access and linkages through out the Village (the Petitioner is required by code to provide sidewalk for the Subject Property). Subject to providing the ped-link, the request is in keeping with the Village's recently adopted Land Use Map and Comprehensive Plan. MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: · The compatibility with existing uses and zoning classifications of property within the general area of the property in question; · The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; PZ-31-06 Planning & Zoning Commission Meeting September 27,2007 Page 7 . The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. Two of the properties are currently zoned B4; however a portion of the CornEd ROW requires rezoning from the CR District to the B4 District. The request and proposed development would be consistent with recent developments approved in the Village and it would be an appropriate use for the Subject Property. RECOMMENDATION The proposed development meets the Map Amendment, Variation, and Conditional Use standards contained in the Zoning Ordinance, subject to the Petitioner addressing items noted in the Staff report. Therefore, Staff recommends that the Planning & Zoning Commission approve the following motion for the properties located at the northeast comer of Wolf Road and Euclid Avenue (1700 E. Euclid Ave., 1303 Wolf Road, and a portion of the CornEd right-of-way): "To approve: 1) A Map Amendment to rezone portions of the Com Ed ROW from CR Conservation Recreation to B4 Commercial Corridor subject to: a. Obtaining approval from CornEd for the project; b. The Petitioner participating in a cost sharing program to install sidewalk from the Subject Property to the adjacent train station. 2) Setback Variations to allow less than a 10-foot landscape setback along the perimeter of the property as shown on the Petitioner's site plan prepared by OKW Architects dated August 28,2007: Pro osed Perimeter Setback North South East West 4' - Re uires Variation A roval 7' at narrowest setback - Re uires Variation A roval 10' (com lies 7' at narrowest setback - Re uires Variation A proval 3) Variation approval to allow a building height of 31'11" as shown on the Petitioner's elevations prepared by OKW Architects dated August 28,2007; 4) Conditional Use approval ofa drive thru subject to the following: a. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated to store stormwater detention. b. Wolf Road is under the jurisdiction of the lllinois Department of Transportation and Euclid A venue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. c. Development of the site in general conformance with the site plan prepared by OKW Architects dated August 28, 2007 but revised to include 3-sided enclosures constructed from a brick material that matches the building or a smaller size, colored CMU material. PZ-31-06 Planning & Zoning Commission Meeting September 27, 2007 Page 8 d. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated August 28, 2007, but revised to include more low-growing, year-round plants along the south lot line. e. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record and shall include an easement over the 36" water transmission main, upon receipt of that information from the Northwest Water Commission. f. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. g. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. h. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must done as noted in Sec. 15.402 of the Village Code." The Village Board's decision is final for this case. I concur: ~~~ William J. Cooney, AI P, DIrector ofCommumty Development lit H:\PLAN\Planning & Zoning COMM\P&Z 2007\StaffMemo\PZ-31-06 MEMO' (NEC Wolf and Euclid - Rezone. OJ drive thru).doc. NORTHWEST WATER COMMISSION 1525 North Wolf Road Des Plaines, Illinois 60016-1181 TEL 847-635-0777 FAX 847-635-9244 COMMISSION MEMBERS Villages of: Arlington Heights Buffalo Grove Palatine Wheeling October 15, 2007 ~~@~Dm[E~i~i i' OCT 1 6 2007 \ ~:: i \ ~ I Mr. Michael Janonis Village Manager Village of Mount Prospect 50 S. Emerson Street Mount Prospe t, IL 60056 ~By As you are aware, the Village of Mount Prospect has a petition before it (Planning and Zoning Case #PZ 31-06) concerning the development of 1303 Wolf Road (P.I.N. 03-25-300-016-0000, owned by Gendell Partners, LLC) and two adjacent parcels (P.I.N. 03-25-300-011-0000, owned by Commonwealth Edison and P.I.N. 03-25-300-014-0000, also owned by Gendell Partners, LLC). Parking for the main parcel (parcel #016) will actually be on the adjacent CornEd property (parcel #011). The development plan for this parcel calls for the construction of a parking lot, driveway, storm sewers, etc... Please be advised that the Northwest Water Commission has a longstanding utility easement agreement with CornEd in which the Commission purchased the rights to install and operate a 48 inch diameter water transmission main. This atypical CornEd easement agreement grants the Commission very specific rights with regards to development in the CornEd right of way area and specifically over the Commission's transmission main. The Northwest Water Commission has objected to this development to both the developer and Commonwealth Edison as we believe that the development as proposed is not in the best interests of the Commission because there is a risk of damage to the Commission's transmission main and impairment of our ability for unrestricted access to our pipeline. A copy of our objection letter to CornEd is attached. I understand that the developer's petition is winding its way through Mount Prospect's approval process and I wanted to make you aware of the Commission's position. Should you have any questions, please contact me at the Commission (847) 635-0777. Sincerely, ~c~ Executive Director Enclosure CC: General Counsel We use recycled paper NORTHWEST WATER COMMISSION 1525 North Wolf Road Des Plaines, Illinois 60016-1181 TEL 847-635-0777 FAX 847-635-9244 ~(Q)[PW COMMISSION MEMBERS Villages of: Arlington Heights Buffalo Grove Palatine Wheeling October 12,2007 CERTMED MAIL. RETURN RECEIPT REOUESTED Commonwealth Edison Land Supervisor Real Estate Department P.O. Box 767 Chicago, IL 60690 Subject: Proposal for Construction in Proximity to Northwest Water Commission Water Main by Terraco, Inc. (Northeast Comer of Wolf Road and Euclid Avenue~ Mount Prospect, IL) Ladies and Gentlemen: We have been advised by Messrs. Daniel Wander and Jeffrey B. Glenner of Terraco, Inc. that Terraco, Inc. is proposing the construction of a new office and retail mixed use building at the northeast comer of Wolf Road and Euclid Avenue in Mount Prospect, including an extensive paved area that includes a parking lot and what appear to be various planting structures in the CornEd right-of-way east of the building site. As you know, the Northwest Water Commission ("Commission") holds easement rights in this right-of-way for its water transmission pipeline. On September 13,2007, we wrote to Mr. Wander to advise of the Commission's objections to this proposal. We have subsequently received copies of initial plans from Terraco but have not received sufficient detailed information from the company to enable us to fully evaluate the proposal in light of the serious public health and safety concerns presented by construction over the Commission's pipeline. We are concerned that it appears that this matter has been allowed to proceed through the Village of Mount Prospect's development process without addressing the Commission's concerns. In 1982, the Commission negotiated an easement agreement with CornEd for the installation and maintenance of the Commission's water pipeline within CornEd's right-of-way. Because this pipeline is the sole source of potable water for the Commission's four member communities, which together have a population of over 225,000, the Commission sought strong assurances from CornEd that the Commission's pipeline, once installed, would be fully protected from interference by subsequent construction within the CornEd right-of-way. After extended Commonwealth Edison October 12, 2007 Page 2 negotiations, CornEd :finally acquiesced in protections that satisfied the Commission's needs. In return for granting those necessary rights, CornEd demanded and received from the Commission a payment of $5.5 million. The rights of the Commission in controlling the right-of-way in which its water pipelines are located are found in the Easement Agreement and Supplemental Easement Agreement between the Commission and CornEd as well as in lliinois law. The Easement Agreement dated September 1, 1982, grants to the Commission the right "to install, construct, reconstruct, operate, maintain, alter, repair, replace and remove" a 60-inch underground water transmission main and related facilities (sometimes known as the "Pipeline") within a portion of the CornEd right-of-way known as the "Easement Property." The "Easement Property" is defmed to include the full width of various tracts of the CornEd right-of-way. The Easement Agreement incorporates by reference a "Supplemental Easement Agreement" by and between the Commission and CornEd, dated June 1, 1982. Pursuant to Section IX-A of the Supplemental Easement Agreement, the Commission is granted: . . . the right to enter upon, occupy and utilize, temporarily and from time to time, the entire Easement Property, except property within any substation fence, to the extent necessary for the construction, installation, reconstruction, replacement, repair, alteration, maintenance, operation or removal of the Pipeline provided that the timing of NWC's activity does not interfere with CECO's use of its property in the conduct of its utility operation or disrupt other public utility and pipeline company operations by those holding prior rights from CECO. In Section IX-B of the Supplemental Easement Agreement, CornEd covenants and agrees that: CECO . . . will not, in any manner disturb, damage, destroy, injure or obstruct the Pipeline; or obstruct or interfere with NWC, or its agents or employees or any of them in the exercise of any of the rights and privileges granted hereunder. . . . Finally, in Section IX-C of the Supplemental Easement Agreement, CornEd agrees that: Any future rights granted by CECO to others for installations on, over, llllder or within ten (10) feet of the centerline of said Pipeline shall be subject to the rights granted to NWC in the Easement Property and shall be consistent with sound engineering practices so as to provide adequate protection to the Pipeline. All of the above-quoted provisions were expressly bargained for (and paid for) when the Supplemental Easement Agreement was negotiated. They are not part of CornEd's standard Commonwealth Edison October 12, 2007 Page 3 easement agreement. Rather, these provisions give the Commission general rights in the entire CornEd right-of-way as well as specific rights within the area ten feet around the centerline of the Commission's pipeline. Any subsequently granted rights, such as those that may be granted to Terraco here, are subservient to the Commission's rights. Neither CornEd nor any subsequent grantee, such as Terraco, has the right to obstruct or interfere with the Commission in the exercise of its general rights to use the entire CornEd right- of-way from time to time as necessary to operate, maintain and replace its Pipeline. In addition, within ten feet from the centerline of the Commission's Pipeline, every subsequent grantee is subject to the following specific limitations: (l) The rights of the subsequent grantee are "subject to the rights granted to NWC..."; (2) The rights of the subsequent grantee must be exercised in a manner "consistent with sound engineering practices. . ."; and (3) The subsequent grantee must "provide adequate protection to the Pipeline. " It is clear that there are areas of the Easement Property on which Terraco proposes to add a sidewalk and other paved area, planter structures, parking lots, curb and gutter building and other structures, as well as up to three feet of fill over the Pipeline, that will interfere with the Commission's right to use the entire Easement Property where necessary when repair, maintenance, reconstruction or other authorized functions may arise. Construction of substantial improvements on the Easement Property is a potentially major interference in the Commission's rights, which it purchased pursuant to the Easement Agreement and Supplemental Easement Agreement. We urge CornEd to proceed carefully in its consideration of any proposal for this part of the Easement Property, where the Commission's Pipeline is buried just five feet below the surface, at a location approximately 20-25 feet east of the west line of the Easement Property. We will be happy to review and discuss with you any proposals that may be pending or proposed in the future, so that all such activity is in compliance with the Easement Agreement and Supplemental Easement Agreement and does not post any risk to the safety of the public water supply. Please contact me if you have any questions. v;:; ~y yours, (J~!::c~ Executive Director Commonwealth Edison October 12, 2007 Page 4 cc: Craig Dixon, CornEd Barbara A. Adams, General Counsel # 48S4498_vl ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PORTIONS OF THE COMMOWEAL TH EDISON RIGHT OF WAY LOCATED AT THE NORTHEAST CORNER OF WOLF ROAD AND EUCLID AVENUE WHEREAS, Gendell Partners Euclid & Wolf, LLC ("Petitioner), has filed an application to rezone certain property, Commonwealth Edison Right-of-Way generally located at the northeast corner of Wolf Road and Euclid Avenue ("Subject Property'), and legally described as follows: That part of the West half of the Northwest quarter of section 25, Township 42 North, Range 11 East of the Third Principal Meridian lying easterly of a line which is 210 feet westerly of (measured at right angles to) and parallel with the westerly line of the Canadian National Railway (formerly the Wisconsin Central Railroad) and westerly of said westerly right-of-way line of the Canadian National Railway (formerly the Wisconsin Central Railroad), (Excepting that part thereof falling in Wolf Road and that part thereof falling in Euclid Avenue) in Cook County, Illinois; and Property Index Number: 03-35-300-011-0000; and WHEREAS, the Petitioner has requested the Subject Property be rezoned from CR (Conservation Recreation) to B-4 (Commercial Corridor) District; and WHEREAS, a Public Hearing was held on the request for rezoning being the subject of PZ-31-06, before the Planning and Zoning Commission of the Village of Mount Prospect on the 2th day of September 2007, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-31-06; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-31-06 and have determined that the best interests of the Village of Mount Prospect would be served by granting said request. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Official Zoning Map of the Village of Mount Prospect, Illinois, as amended, is hereby further amended by reclassifying the property being the subject of this Ordinance from CR (Conservation Recreation) to B~4 (Commercial Corridor) District. SECTION THREE: The Development Agreement, attached as Exhibit "B" is made a part of this ordinance. & PZ-31-06 Mapamendment Page 2/2 SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of December 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\mapamendmentwoICeuclidcotober2007 Buzz.doc ,>">' Bh 12/6/07 Exhibit "8" DEVELOPMENT AGREEMENT Preamble Gendell Partners Euclid and Wolf, LLC (liGen dell") filed an application with the Village of Mount Prospect, an Illinois home rule municipality ("Village") for the rezoning of the property legally described on Exhibit "A" (lithe Property"). The Village has, pursuant to law, determined that it is in the best interests of the Village to grant the rezoning. I n consideration of the grant of the rezoning by the Village and other good and valuable consideration, Gendell shall accomplish the following: 1 . Obtain the written approval of Commonwealth Edison for the development project as depicted on the October 10, 2007 Site Plan prepared by OKW attached as Exhibit liB"; and 2. The installation of a sidewalk, pursuant to Village standards, as shown on Exhibit "C", provided that Gendell shall not be required to spend more than $50,000.00 toward such installation. If the cost to Gendell is estimated to be greater than $50,000.00, Gendell shall so notify the Village and enter into good faith discussions to otherwise assure the installation of the sidewalk. Gendell understands and acknowledges that the rezoning of the Property is conditioned upon fulfilling the obligations set forth above prior to the issuance of any permits. Permits may be issued prior to the installation of a sidewalk if Gendell posts a cash bond of $50,000 with the Village for the purpose of guaranteeing the installation. If a building permit is not issued by December 31, 2008, the ordinance rezoning the Property shall lapse and the Property shall revert to its prior zoning. iManage:202880 _1 DATED: ,2007. VILLAGE OF MOUNT PROSPECT By: GENDELL PARTNERS EUCLID AND WOLF, LLC By: H: \CLKO\files\WI N\agrmts\GendellsidewalkdecemberS,2007. DOC iManage:202880_1 &~/dd Pc! ;1 jc 12/6/07 mla 10/22/07 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 1700 EAST EUCLID AVENUE, 1303 WOLF ROAD AND A PORTION OF COMMONWEALTH EDISON RIGHT OF WAY, MOUNT PROSPECT, ILLINOIS WHEREAS, Gendell Partners Euclid & Wolf, LLC (Petitioner'), has filed a petition for a Conditional Use permit for a retail center with drive-through access and Variations with respect to property located at 1700 East Euclid Avenue, 1303 Wolf Road and a Portion of Commonwealth Edison Right-of-Way ("Property") and legally described on the attached Exhibit "A"; and Property Index Numbers: 03-25-300-014-0000, 03-25-300-016-0000, 03-35-300-011-0000; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a retail center with drive through access; and WHEREAS, the Petitioner seeks Variations to allow less than a ten foot (10') landscape setback along the perimeter of the property; North - 4', South - 7' (at narrowest setback) -, West - 7' (at narrowest setback) and to allow a building height of thirty-six feet, four inches (36' 4") both as shown on the Petitioner's site plan and elevations prepared by OKW Architects dated October 10, 2007. WHEREAS, a Public Hearing was held on the request for a Planned Unit Development, Conditional Use permit and Variations being the subject of Case No. PZ-31-06 before the Planning and Zoning Commission of the Village of Mount Prospect on the 2ih day of September, 2007, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8th day of August, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ-31-06; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meet the standards of the Village and that the granting of the proposed Conditional Use permit for a drive-through and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Approval of the Conditional Use permit is subject to compliance with the following conditions: 1. All parking lot areas designed to store stormwater detention must be clearly designated on the plan. It must also be noted on the plan that no future pavement overlays will be permitted in paved areas designated'to store stormwater detention. 2, Wolf Road is under the jurisdiction of the Illinois Department of Transportation and Euclid Avenue is under the jurisdiction of the Cook County Highway Department; work within the rights-of-way will require approval from these agencies. ~I Page 2/2 PZ-15-07 3. Development of the site in general conformance with the site plan prepared by OKW Architects dated October 10, 2007 but revised to include 3-sided enclosures constructed from a brick material that matches the building or smaller size, colored CMU material. 4. Development of the site in general conformance with the landscape plan prepared by OKW Architects dated October 10, 2007, but revised to include more low-growing, year-round plants along the south lot line and extend parkway trees and landscaping to the end of the property lines. 5. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Resubdivision, which creates the proposed two lots of record and shall include an easement over the 36" water transmission main, upon receipt of that information from the Northwest Water Commission. 6. Prior to obtaining a Certificate of Occupancy, the Petitioner shall prepare a cross access easement and connection document to allow for future development north of the proposed Lot 1. 7. Prior to issuance of a Building Permit, the Petitioner shall submit a lighting plan that complies with the Village's lighting regulations for the lighting within the development. 8. The Petitioner shall construct the site according to all Village Codes and regulations, including, but not limited to: the Sign Code; the installation of automatic fire sprinklers and fire hydrants be located and constructed according to Development and Fire Code standards; and all site improvements must be done as noted in Section 15.402 of the Village Code. 9. The drive-through lane shall not be used as a de facto loading zone. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, for a retail center with drive-through access, all as shown on the Site Plan dated October 10, 2007 a copy of which is attached hereto and hereby made a part hereof. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this day of December 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files \WI N\ORDI NANC\C USE, V AR-euclid_ wolfoctober2007.doc . .. ~.' VILLAGE OF MOUNT PROSPECT Mount Prospect ~ COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval Z Case Number :2 P&Z- E- ~ ~ Development Name/Address 00 ~ ~ Date of Submission >:2- ~ Hearing Date z - Site Area (Acres) . A rox. 3 acres Setbacks: Front Total Building Sq. Ft. (Site) Bui! i Rear Side Side N/A z o .... E- < ~ o ~ z .... \;Iil E- - 00 ~ z .... E- 00 X ~ N/A Lot Coverage (%) N/A Number of Parking Spaces N/A Building Height /A Adjacent Land Uses: North o en S ace 0 n Tax I.D. Number or County Assigned Pin Number(s) 1303 Wolf Rd.-03-25-300-014, 1700 E. Euclid Ave.-03-25-300-016 Com Ed Property- 03-25-300-011 N/A N/A Legal Description (attach additional sheets if necessary) Attached z Name Telephone (day) 0 847/679-6660 ;:. Daniel Wander -< Corporation Telephone (evening) ::;: a:, Gendell Partners Euclid It Wnlf I I r. N/A 0... c.. c Street Address Fax z ~ - .~ Q~ 8707 Skokie Blvd ~I it~ 'J':tn 815/366-8066 z ~ ;J< City State Zip Code Pager 01 a: II 60077 cell: 847/275-7n7"- 0 Skokie ~ Interest in Property U Owner/ Ground Leasee -< = z o ; <( ::;1 ~ l:i ~ ~ zO ;;~ z cu :;JQ. o e =:0- ~I ~ U <( = Z 91 !- r/l <~ ~ .~ oo!! ~ 0 z .. -Q... Qc Z u ;J E o go C:X:u '" > ~ u UCl <I = Name Marv LaBoske Corporation Commonwealth Edison Street Address Three Lincoln Center. 4th Floor City State Zip Code Oakbrook Terrace II Developer Name Daniel Wander I Rn1R1..4?Rn Address Terraco. Inc. Address Surveyor Name Todd Shaffer Address Haeger EngineerinQ 1300 N. Plum Grove Rd. Schaumburg. IL 60173 Engineer Name Todd Shaffer Address Haeger EngineerinQ 1300 N. Plum Grove Rd. SchaumburQ. IL 60173 Architect Name Peter Uliasz/ Andv Koalin Address Otis Koglin Wilson Architects 600 W. Jackson Blvd.. Suite 300 Chicago. IL 60661 Landscape Architect Name Bill Shank Address Otis Koglin Wilson Architects 600 W. Jackson Blvd.. Suite 300 ChicaQo. IL 60661 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Telephone (day) 630/576.7151 Telephone (evening) N/A Fax: _n1;Q1 Pager r.pll: 31 ?/R'iQ.9264 Telephone (day) 847/679-6660 Fax 815/366-8066 Telephone (day) Fax Telephone (day) 847/394-6600 Fax 847/394-6608 Telephone (day) 847/394-6600 Fax 847/394-6608 Telephone (day): 312/798-7700 Fax 312/798-7777 Telephone (day): 312/798-7700 Fax 312/798-7777 2 .r~~ . Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 , ' Proposed Conditional Use (as listed in the zoning district) Drive Thru Coffee House in an office buildina with retail Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) See Attached Sheet Q rcJ\l ~t; 0rcJ\l ....;:J ~O <~ ~rJ) ~2: ;:JO rJ)'" ~ U -< Hours of Operation Starbucks- Weekdays: 5:00 AM - 10:00 PM Weekends: 6:00 AM - 11 :00 PM ENH- 8:00 AM - 6:00 PM Retail/Restaurant- 6:00 AM -11 :00 PM Subject to ultimate user Address(es} (Street Number, Street) rcJ\l2: See Attached Sheet 1:0 Site Area (Acres) Property Zoning Tota] Building Sq. Ft. (Site) Sq. Ft. Devoted to Proposed Use rJ).... Q~ ~~ Setbacks: i:l.0 Front Rear Side Side O~ ~2: i:l.... Building Height Lot Coverage (%) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as weIl 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 ofthe property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all !!1fJ n provided herein and in all materials submitted in association with this application are true and :::~~ O.re -r1/1-/D+ If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois U/WW mmmtnrosnect.orl!: 3 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ,'"-~ I Affidavit of Ownership I COUNTY OF COOK STATE OF lLLINOIS ) ) ) I. Daniel Wander , under oath, state that I am the sole an X an authorized officer of the ) ) owner of the property ) commonly described as Northeast comer of Wolf and Euclid. Mt. Prosoect. Illinois and that such property is owned by Gendell Partners Euclid & Wolf. LLC as of this date. ~~ ~ Subscribed and sworn to before me this 6...fit day uf October Public t1. -offICIAL SEAL- =. LOREN R STONE == COt~ DNES01!f11!f11 MUWlt Prospcc;t Department ofCommuoity Development Phone 847.818.5328 _ 1ft.... ft.. it ~..,....n I Affidavit of Ownership I COUNTY OF COOK ) ) ) ST ATE OF ILLINOIS 1. Daniel Wander . under oath, state that I am the sole an --1L-'an authorized officer of the ) ) ground leasee of the property ) commonly described as Northeast Corner of Wolf and Euclid. Mt. ProsDect and that such property is owned by Commonwealth Edison as of this date. / --.......... Signature STANDARDS FOR CONDITIONAL USE APPRO V AL 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; Our proposed uses - an Evanston Northwestern Healthcare (ENH) facility and Retail Shopping Center with a Starbucks drive-thru will not be detrimental to, or endanger the public health or safety of civilians. The medical facility/retail shopping center will be a two story building located on the hard comer of the site and a parking lot will be constructed adjacent to the Commonwealth Edison (Com Ed) power lines. We have been provided with information from Com Ed regarding the construction adjacent to power lines. We will follow the national.electric service code in the construction of the.building and provided we follow the code and the direction of Com Ed, there will not be any dangers in the construction of the buildings. Furthermore, there is no evidence that individuals would be at any risk working or shopping at the shopping center. For your information, we have attached Com Ed's information regarding these Issues. 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 conditional use will enhance the value of the property in the immediate vicinity. The former use was a old mechanic shop and small restaurant. Our proposed uses will be a new "first class" Shopping Center and ENH medical offices. The new building will have aesthetically pleasing elevations and will be pleasantly landscaped. The users will have well run professional operations. 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 two former uses on the comer sat on very small sites and with the addition of the vacant Com Ed property, the site can be developed in a comprehensive manner with joint ingress and egress, parking and landscaping. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; The development will have adequate public utilities, access roads, and combined storm water management plan for the entire development. , .....-. STANDARDS FOR CONDITIONAL USE APPROVAL 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; We have received approvals from mOT for a full access on Wolf Rd. and Cook County for a right-in-right-out on Euclid. These access points will be shared by all the users, and therefore, will eliminate the current curb cuts which serviced the mechanic's shop and restaurant. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; The conditional use fits within the Comprehensive Plan in providing retail and medical services for residents and travelers in this 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. The conditional use will conform to all applicable regulations in this district. VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emenon Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat of Resubdivision Application Mount Pmspea Z Case Number 0 PZ - - - E- ~~ Subdivision Name/Address == c:: 00 ~ 8 Date of Submission Zc -..... ><2- J:Iil Hearing Date Q Z - Petitioner - Name Telephone (day) 847/679-6660 Corporation Telephone (evening) Z C 0 Street Address Fax - ~ 815/366-8066 :E State Zip Code Email == ~ .c m Z Interest in Property: circle one - Q Z ;J Property Owner - Name ~ * ~ Corporation ~ U < = Street Address n er erracorealestate.com Surveyor/Engineer Name Todd Shaffer HaeQer EnQineering Telephone (day) 847/394-6600 Address 1300 N. Plum Grove Rd. Fax 847/394-6608 Schaumbura. IL 60173 Email od - *Commonwealth Edison Additional Owner Mary LaBoske Telephone (day): 630/576-7151 Commonwealth Edison Fax: 630/576-0591 Three Lincoln Center- 4th Floor Mobile: Oakbrook Terrace. IL 60181 SUBDIVISION NAME 1303 Wolf Road REAL ESTATE INDEX NO.: --9- -L -l. -L- - -L ~ .lL- Com Ed Property REALESTATEINDEXNO.:-L -L ..1.. 2- --L ~-1L- _ ...JL -L- ..L- o 1 1 ---- LOCATION OR ADDRESS: NEC Wolf Rd. & E. Euclid Ave. LAND USE: EXISTING Commercial and Com Ed ROW PROPOSED: Commercial ZONING: EXISTING 84 & CR PROPOSED: 84 TOTAL ACREAGE: 2.01 GROSS TOTAL # OF LOTS: Number of dwelling units: o Single Family: 0 Multifamily 0 TWNHS.JL If requesting an exception to Development Code requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appoinbnent with the appropriate Village staff to review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. 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 agents permission to enter on the property during reasonable hours for visual inspection of the subject property. Applicant vided herein and in all materials submitted in association with this application are true and Date )II, "l-l 0 -i- If appli I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date 2 Phone 847.818.5328 Fax 847.818.5329 TDD 847/392-6064 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Real Estate Development & Management TERRACO, INC. 8707 Skokie Boulevard, Suite 230 Skokie, Illinois 60077 847.679.6660x24 Fax: 847.679.6695 JGlenner@TerracoReaIEstate.com www.TerracoRealEstate.com VIA HAND DELIVERY August 27,2007 Judy Connolly Senior Planner of Community Development 50 S. Emerson Street Mount Prospect, IL Subject: CONDITIONAL USE & RESUBDIVISION APPLICATIONS NEC WOLF RD. & EUCLID AVE. Dear Judy: In response to the August 21, 2007 Village Staff Comments regarding our proposed development at the northeast comer of Wolf Road and Euclid Avenue, please see below for an explanation addressing Village comments as well as documents enclosed for our application resubmission. I have enclosed the Village comments so you can follow our responses. Plat of Subdividion 1. See page 3 of the Engineering Plans for water main details. The easement documents provided by NW Water Commission do not clearly depict the location of the easement. We have contacted the NW Water Commission for additional information and will provide the information to the Village upon receipt. We know that the water main is located on the Com Ed Parcel, and no buildings or structural elements are being proposed above the existing main. 2. The discrepancy with northwest property line has been corrected. The legal description of Lot 2 was revised. See the revised Plat of Subdivision. Traffic Study See table 4 entitled "Level of Service Summary - Individual Movements" on page 11 of the Traffic Impact Analysis. The table shows existing and future levels of service and delays for each movement at the three included intersections: Euclid/Wolf and the two proposed driveways. Site Plan 1. We acknowledge that Com Ed must approve our development plans. Plans have been sent to Com Ed for their approval. We will send Com Ed Site approval to the Village upon receipt. 2. See page 2 and 3 of the Engineering Plans for revised flood plain limits. 3. See page 2 of the Engineering Plans for existing pavement markings on Wolf Road and Euclid Avenue. Any restriping of Wolf Road and Euclid Avenue required by IDOT and CCRD will be addressed after we receive comments from the two agencies. 4. See page 2 of the Engineering Plans and the Site Plan for signs and markings to prevent opposing traffic from entering the drive-thru aisle exit. 5. The six parking spaces along the southern east-west aisle have been shifted so the spaces are 90 degrees rather than angled. 6. See Engineering Plans for sidewalk revisions. Sidewalks along the public rights of way are shown to be formed through the driveways. ~~:, Judy Connolly, Wolf & Euclid Application Resubmission, August 24,2007 Page2of2 7. We have enclosed updated detention calculations dated 08/27/07 for your review. There will be ponding on the proposed pavement and as the property owner, we accept all liability for personal injury and property damage resulting from this ponding water. 8. Enclosed please find IDOT approval for Wolf Road. We understand that we need right of way approval from Cook County for Euclid Avenue. We are in the process of obtaining Cook County approval and we will submit approval to the Village upon receipt. Police Department 1. See enclosed Photometric Plan Planning Division 1. We will commit to pfQvidinl! ~ sidewalk along our property up to the north boundary of our property.- . 2. See Site Plan tor proposed setbacks including setbacks for the north lot line. 3. See list of variati("ls we are seeking in connection with the development. 4. See enclosed parking analysis with accompanying tenant information. 5. Our proposed tenant, Evanston Northwestern Healthcare will be a medical office where patients are seen. 6. See enclosed Landscaping Plan for the addition of more year-round plantings. 7. Enclosed please find the Signage Plan with details on the proposed monument sign. Enclosed please find the following documents in connection with our Special Use Application and Subdivision Application: 1. Revised Site Plan (15 copies) 2. Revised Landscaping Plan (15 copies) 3. Photometric Plan ( 15 copies) 4. Revised Engineering Plans (15 copies) 5. Revised Detention Calculations (15 copies) 6. Revised Plat of Subdivision (15 copies) 7. Building Elevations (15 copies) 8. Building Floor Plans (15 copies) 9. Monument Sign Plan (15 copies) 10. Traffic Impact Analysis (15 copies) 11. IDOT approval for Wolf Road 12. Parking Analysis 13. List of variations with justification Please contact me at 847.679.6660 with any questions or comments regarding the application submission. I look forward to working with you throughout the process. Thank you. Sincerely, 111 L Jeffrey B. Glenner Terraco, Inc. Ene!. Cc: Dan Wander, Terraco, Inc. (via email w/out Ene!.) @) I\&nois Department of Transportation ItECEIVED '. liltl5 dAEGE~ Sm!NEER:NG Fax Letter Date: September 15, 2005 I To: ~ Ii Telephone No: From: Telephone No: Todd Shaffer :9'l-"'. (..(.c<;: 847..~- ,- I Company: ~ax Number: Bureau/Section: (847) 705-4131 Fax Number: _._-~.- Haeger Engineering I 3t1J4-. a.c.cs ! 847.c~ ~ Traffic I Permits I (847) 705-5498 I "'-' . Stevo Brink Number of pago$ including this sheet: 2 Subject: Wolf @ Euclid (NEe), Mount Prospect File: Preliminary Comments Todd: Our office has already locked at this site plan and it is acceptable. Please see U,e attached response to KLOA. If you have any questions, please call. llf~/~ Stev~k, P.E. Area Permit Engineer ~.....\ta.(,h...... . Wo\~ ~ \ 001" - G~\.1 If thore are any problems upon receipt of this transmission, ploase call the sender immediately. -----v-----~-----~_____~_____~_____~_____v_____ '. ~ Ilfinols Department of Transportation FAX Letter Date: March 25, 2005 To: Luay Aboona Company: KLOA Telephone No: 847.518.9990 FAX Number: 847.518.9987 From: Steve Brink Bureau/Section: Traffic I Permits Telephone No: (847) 705-4131 FAX Number: (847) 705-5498 Number of pages including this sheet: 1 Subject: Wolf @ Euclid NEe, Mount Prospect File: PrelimInary Comments luay: Our office has reviewed your submittal for the proposed development at the subject location and our comments are as follows. One full access drive to Wolf Road from the proposed development is acceptable in conjunction with the removal of the three existing drives as shown in the submitted site plan. Please submit 2 copies of detailed engineering plans to continue our review. If you have any questions, please give me a call. aL if;J~ Ste~ P.E. Area Permit Engineer If there are any problems upon receipt of this transmission, please call the sender immediately. Parking Analysis Wolf & Euclid Development NEe Wolf Rd. & Euclid Ave. 6-Aug-07 Parking Proposed 126 spaces This analysis shows net square footage of the tenants' space excluding common area and storage Scenario 1 ENH Starbucks - drive-thru Tenant 2 - retail Tenant 3 - retail Tenant 4 - restaurant Tenant 5 - retail Tenant 6 - restaurant Sq.Ft. (1) Parking Ratio # of Spaces Note 11,000 5 per 1000 55 12,000 sf space - 1,000 sf of lobby/stairs/ common elements 1,700 1 per 3 seats + 1 per employee 11 hybrid of sit down restaurant and freestanding store 1,500 4 per 1000 6 . small shop space 1 ,500 4 per 1000 6 small shop space 1,500 12 per 1000 18 fast food without drive-thru 2,200 4 per 1000 9 small shop space 2,200 1 per 3 seats + 1 per employee 19 sit down restaurant - 50 seats + 8 employees 124 *The parking analysis is an estimate and actual projection will be based on exact drawings ~. Requested Variations with Reasoning Northeast corner of Wolf Road and Euclid Avenue 1. Requirement: 30' Front and Corner Side Yard Setback. a. Code Relief: Encroachments to the setback including parking spaces, drive thru aisle and building overhang. b. Reasoning: Due to the angle of the easements, we feel this is the most appropriate design of the site. 2. Requirement: 20' Rear yard setback. a. Code Relief: Encroachments to the setback include parking spaces and trash enclosures. b. Reasoning: Due to the angle of the easements, we feel this is the most appropriate design of the site. 3. Requirement: 10' Foundation Planting Setback around the perimeter of all buildings a. Code Relief: Minimum S.F. is not met. b. Reasoning: Drive thru aisle prevents foundation planting along west and south sides of the building. Tenant entrances and outdoor plaza space prevents plantings along the Nand E sides of the building. The requirement based on the LF of the building is 4,650 S.F (10' x 465 LF). We provide 1,352 S.F. within the immediate space of the building as well as heavily planted front and corner side yard adjacent to the building. , , Northeast Corner of Wolf & Euclid Mt. Prospect, Illinois Preliminary Detention Calculations Prepared For: Terraco, Inc. 8707 N. Skokie Boulevard Suite 230 Skokie, IL 60077 Prepared By: HAEGER ENGINEERING, LLC 1300 N. Plum Grove Road Schaumburg, IL 60173 Telephone: (847) 394-6600 Fax: (847) 394-6608 Date: April 10, 2006 Revised July 11, 2007 Revised August 27, 2007 Job No. 04-226CA - EXHIBIT A Storm Water Detention Facility Worksheet (Per 2003 Village Requirements) A. TOTAL TRIBUTARY AREA (A) Lot 1 Lot 2 TOTAL lacres 2.15989 3.38441 5.5443 Lot 1 Disturbed Lot2 Disturbed TOTAL 2.02 0.03 2.05 acres Schedule L Area Lot 1 Unlsturbed Lot 2 Undisturbed TOTAL 0.14 3.35 3.49 acres B. DEVELOPED RUNOFF COEFFICIENT (DISTURBE Pervious Area = Impervious Area = 2003 Pervious Runoff Coefficient = 2003 Impervious Runoff Coefficient = D AREAl 0.45 0.03 0.48 1.57 0 1.57 0.50 0.50 0.50 0.95 0.95 0.95 acres acres Combined Runoff Coefficent = I 0.85 0.50 0.84 C. RELEASE RATE CALCULATION Total On-Site Disturbed Area = 2.05 Ac Site Release Rate Q(Slte) - Per 2003 Village Requirements Aliowable Release Rate 0 = 0.20 cis per acre = 0.41 cis Site Release Rate Q(SIte) . Per MWRD (See Exhibit C) Aliowable Release Rate 0 = 0.20 cts per acre = 0.46 ets D. Detention Storage Calculations tor 100-Year Storm based on Actual Release Rate: 100-year. 24-hour Ralnfali Depth = 7.58 inches [Bulietin 70, Table 13, NE Section] Runoff Storm Ralnfali Drainage Inflow Rate Release Storage Storage Coeff. Duration Intensity Area 0(1)=ci(100)A Rate Rate Required c t(hours ) 1(100) A (acres) (ets.) 0(0) O(i)-O(o) Om-Olol"t (inlhr) (ets.) (ets.) 12 lacre-ft.l 0.84 0.08 11.37 2.05 19.69 0.41 19.28 0.13 0.84 0.17 9.53 2.05 16.50 0.41 16.09 0.22 0.84 0.25 8.19 2.05 14.17 0.41 13.76 0.29 0.84 0.33 6.97 2.05 12.06 0.41 11.65 0.32 0.84 0.50 5.61 2.05 9.71 0.41 9.30 0.39 0.84 0.67 4.56 2.05 7.90 0.41 7.49 0.42 0.84 0.83 3.97 2.05 6.88 0.41 6.47 0.45 0.84 1.00 3.56 2.05 6.17 0.41 5.76 0.48 0.84 1.50 2.65 2.05 4.59 0.41 4.18 0.52 0.84 2.00 2.20 2.05 3.81 0.41 3.40 -~ 0.84 3.00 1.62 2.05 2.80 0.41 2.39 0.60 0.84 4.00 1.28 2.05 2.22 0.41 1.81 0.60 0.84 5.00 1.08 2.05 1.87 0.41 1.46 0.61 0.84 6.00 0.95 2.05 1.64 0.41 1.23 0.62 0.84 7.00 0.83 2.05 1.44 0.41 1.03 0.60 0.84 8.00 0.75 2.05 1.30 0.41 0.89 0.59 0.84 9.00 0.68 2.05 1.18 0.41 o.n 0.58 0.84 10.00 0.63 2.05 1.09 0.41 0.68 0.57 0.84 11.00 0.59 2.05 1.01 0.41 0.60 0.55 0.84 12.00 0.55 2.05 0.95 0.41 0.54 0.54 0.84 13.00 0.51 2.05 0.89 0.41 0.48 0.52 0.84 14.00 0.48 2.05 0.84 0.41 0.43 0.50 0.84 15.00 0.46 2.05 0.79 0.41 0.38 0.48 0.84 16.00 0.43 2.05 0.75 0.41 0.34 0.46 0.84 17.00 0.41 2.05 0.72 0.41 0.31 0.43 0.84 18.00 0.40 2.05 0.69 0.41 0.28 0.41 0.84 19.00 0.38 2.05 0.66 0.41 0.25 0.39 0.84 20.00 0.36 2.05 0.63 0.41 0.22 0.37 0.84 21.00 0.35 2.05 0.61 0.41 0.20 0.34 0.84 22.00 0.34 2.05 0.58 0.41 0.17 0.32 0.84 23.00 0.33 2.05 0.56 0.41 0.15 0.30 0.84 24.00 0.32 2.05 0.55 0.41 0.14 0.27 STORAGE REOUIRED = 0.62 Ac-ft. STORAGE PROVIDED = 0.65 Ac-ft. ... EXHIBIT B VOLUME SUMMARY PARKING LOT 0.44 UNDERGROUND DETENTION 0.21 TOTAL 0.65 Acre-Feet Acre-Feet Acre-Feet ,~. EXHIBIT C Storm Water Detention Facility Worksheet Using TP40 Per MWRD A. TOTAL TRIBUTARY AREA (A Total Area = Schedule L Area = Net Site Area for Detention = B. DEVELOPED RUNOFF COEFFICIENT Pervious Area = Impervious Area = MWRD Pervious Runoff Coefficient = MWRD Impervious Runoff Coefficient = Combined Runoff Coefficent = I C. RELEASE RATE CALCULATION PER MWRD METHOC 1 MWRD Release Rate - Q(Max) (Longest Length at 1%) Existing Runoff Coefficient = c = Longest Length = L = Assumed Slope = SITE 5.54 acres 3.49 acres 2.05 acres 0.48 acres 1.57 acres 0.45 0.90 0.79 0.15 1 ,338 feet 1 % 2 Applying the Federal Aviation Administration Airport Drainage Formula: Time of Concentration =8 (1.1 - C) D 1/2 S 1/3 C= D= S= Existing Runoff Coefficient Overland Flow Distance Average Ground Slope [feet] [%] Using the following: C= D= S= 0.15 [Undeveloped Pervious Area] 1,338 [feet] - Longest Path Length 1.00 % Time of Concentration: Tc= Tc= 63 Minutes 1.04 Hours 3 Yr Storm Rainfall Intensity = i = Allowable Release Rate Q = ciA = Unrestricted Release Rate - Q(Unrestricted) Unrestricted Area = I Runoff Coefficient = c = I 100-Yr Storm Rainfall Intensity = i = Unrestricted Release Rate Q = ciA = Allowable Release Rate = Q(Max) . Q(Unrestricted) = 2.74 inches/hour 0.84 cfs 0.10 I acres 0.50 7.60 inches/hour 0.38 cfs 0.46 cfs (1 ) (2) (1) - (2) D. DETENTION STORAGE CALCULATIONS Disturbed Site Area = Unrestricted Area = Off-5ite Disturbed Area in ROW = Area Requiring Detention = 2.05 Acres 0.10 Acres 0.34 Acres [ZERO RELEASE RATE] 2.29 acres Actual Release Rate = 0.46 cfs Detention Storace Calculations for 100-Year Storm Runoff Storm Rainfall Drainage Inflow Rate Release Storage Storage Coeff. Duration Intensity Area Q(i)=ci(100)J Rate Rate Required c t (hours) i(100) A (acres) (cfs.) Q(o) Q(i)-Q(o) Q(i)-Q(o)*t (in\hr) (cfs. ) Icfs.) 12 (acre-fU 0.79 0.17 7.60 2.29 13.82 0.46 13.36 0.19 0.79 0.33 5.50 2.29 10.00 0.46 9.54 0.26 0.79 0.50 4.40 2.29 8.00 0.46 7.54 0.31 0.79 0.67 3.70 2.29 6.73 0.46 6.27 0.35 0.79 0.83 3.20 2.29 5.82 0.46 5.36 0.37 0.79 1.00 2.80 2.29 5.09 0.46 4.63 0.39 0.79 1.50 2.10 2.29 3.82 0.46 3.36 0.42 0.79 2.00 1.70 2.29 3.09 0.46 2.63 0.44 0.79 3.00 1.20 2.29 2.18 0.46 1.72 0.43 0.79 4.00 1.00 2.29 1.82 0.46 1.36 0.45 0.79 5.00 0.84 2.29 1.53 0.46 1.06 0.44 0.79 6.00 0.73 2.29 1.33 0.46 0.86 0.43 0.79 7.00 0.65 2.29 1.18 0.46 0.72 0.42 0.79 8.00 0.58 2.29 1.06 0.46 0.59 0.39 0.79 9.00 0.53 2.29 0.96 0.46 0.50 0.38 0.79 10.00 0.49 2.29 0.89 0.46 0.43 0.36 0.79 11.00 0.46 2.29 0.84 0.46 0.37 0.34 0.79 12.00 0.43 2.29 0.78 0.46 0.32 0.32 0.79 13.00 0.40 2.29 0.73 0.46 0.26 0.29 0.79 14.00 0.38 2.29 0.69 0.46 0.23 0.27 0.79 15.00 0.36 2.29 0.65 0.46 0.19 0.24 0.79 16.00 0.34 2.29 0.62 0.46 0.15 0.21 0.79 17.00 0.33 2.29 0.60 0.46 0.14 0.19 0.79 18.00 0.31 2.29 0.56 0.46 0.10 0.15 0.79 19.00 0.30 2.29 0.55 0.46 0.08 0.13 0.79 20.00 0.29 2.29 0.53 0.46 0.06 0.11 0.79 21.00 0.28 2.29 0.51 0.46 0.05 0.08 0.79 22.00 0.27 2.29 0.49 0.46 0.03 0.05 0.79 23.00 0.26 2.29 0.47 0.46 0.01 0.02 0.79 24.00 0.25 2.29 0.45 0.46 0.00 0.00 STORAGE REQUIRED PER MWRD = 0.45 Ac-ft. STORAGE PROVIDED = 0.65 Ac-ft. EXHIBIT D RELEASE RATE CALCULATIONS OUTLET ORIFICE SIZE DETERMINA TION - BASED ON FREE OUTFALL The outlet orifice was sized to match the restricted release rate calculated earlier. 1 .) Allowable Restricted Release Rate Q= 0.41 cfs Q = CA((2gh)^0.5) Orifice Properties Length of Projection = 1/2d to 1 d Length of Projection = 2 inches 2.) Orifice Sizing C= A = h= HWL= Invert = 0.52 for Projecting Edge Sharp pi(r)^2 HWL -Invert = 5.5 feet 643.70 638.20 Orifice Size = 2.75 " Q= 0.40 cfs ICL 4~-'; ,\C I 1"'11'!'c:.lJl~, I<Odd. l,Ulh..' _If:(,: 1\." c.: ',. III I, ~I'l "," .... ~I-!;-~IK-'H..,'I'J ....j---. MEMORANDUM TO: Jeffrey Olenner Terraco, Inc. FROM: Luay R. Aboona, PE Principal DATE: August 6, 2007 SUBJECT: Traffic Impact Analysis Proposed Commercial Development Mount Prospect, lllinois This memorandum summarizes the results of a traffic impact analysis . conducted b)' Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed development of a commercial/retail development to be located in the northeast quadrant of the intersection of Euclid Avenue and Wolf Road in Mount Prospect. Illinois. The plans call for a 24.000 square-foot two-story mixed-use building that will contain on the first floor 12,000 square feet of retail and a drive-through coffee shop and on ,the second floor a 12,000 square-foot medical/clinical use. Access to the site will be provided on Euclid Avenue and Wolf Road. ThIs study was conducted to assess the impact that the proposed development would have on traffic and parking conditions in the area and identify any roadway or access improvements necessary to accommodate development-generated traffic. The scope of this analysis included the following. 1. Data Collection. This phase of the analysis included a reconnaissance of the site and its environS to determine the physical and operational aspects of the existing road network. Peak period traffic counts were conducted at the,critical intersections in the vicinity. 2. Direc,llonal Dislribution Analysis. The directional distribution of traffic approaching and departing the site was based on the existing travel characteristics determined from the traffic counts. 3. Traffic Generation Analysis. The peak hour traffic volumes that would be generated by the proposed development were estimated based on trip generation rates developed by KLOA, Inc. from surveys at other facilities and on trip rates published by the Institute of Transportation Engineers (ITE). 4. Sue Traffic Assignment. The site-generated development traffic volumes were combmed with through (non-site) traffic volumes and assigned to the adjacent roadway network according to the directional distribution analysis. These assignments were used to analyze the impact that the proposed facility would have on traffic conditions in the area. KLOA, Inc. TI,Ul\Pllll,ILJlll1 .1I1d !',It ""I" ;'I.I.lllII'g: \lI1~llll,II1i' 5 EvaluatIOn and Recommendations. Based on the analysis described above, the traffic impacts of the proposed facility were evaluated and recommendations were developed with respect to site access improvements. Existing Conditions Transponation conditions in the site area were inventoried to obtain a database for projecting future conditions. Three general components of existing conditIOns were considered. (1) the geographical location of the site and the land uses in the area; (2) the characteristics of the roads in the site area; and (3) the traffic volumes on these roadways. Site Location The site is located in the northeast quadrant of Euclid Avenue and Wolf Road. The site currentl} contains a service station and a restaurant. Site Accessibility The accessibility of the development is governed by the characteristics of the roads available to accommodate development-generated traffic movements and the traffic control deVIces controlling operations on those roads. The roads adjacent to the site are described below and shown in Figure 1. Euclid A venue is an east-west major arterial that is under the jurisdiction of the Cook County Highway Department. The roadway in the site vicinity has two through lanes in each direction separated by a painted median. The roadway IS signalized at its intersection with Wolf Road with left-turn lanes provided. Wolf Road is a north-south four lane divided roadway that is signalized at .its intersections with Euclid Avenue where left turn lanes are provided. The roadway narrows north of the site to two lanes. The roadway along the site frontage is under the jurisdiction of the Illinois Department of Transportation (IDOT). Existing Traffic y olumes Manual traffic counts conducted at the intersection of Euclid Avenue and Wolf Road on Tuesday, October 28,2006 from 7:00 to 9:00 A.M. and 4:00 to 6:00 P.M. The counts indicated that the peak hours occur from 7:00 to 8:00 A.M. and from 4:45 to 5:45 P.M. The existing peak hours of traffic movement during the weekday morning and evening peak hours are illustrated 10 Figure 2. 2 -- 0... Ln oft """"CI -~:\ l!! .. .. 'es , T ! ) I \-1 ~ "" ~ \" ...-t: ".. ....1Id I-~ 7' """,,-r-r , r) I , r ..w._.. -.,.. --- ~ .7", .~- f " z z I '.-In II""""'" i E~a. ~ IS" i -J .... ... ~ ' z 7~ 1 I 0., /\ ,..-cr SITE LOCATION .- ....., "-to In I I l' II I ~ )J I ! ~ i U."l Z ~ ---.- , , i l!V~Ln -a lid ~ ~ z .~,- ~"" C5 ~Conbln J i 5 S V 1 r i J \a. j / E T_ LA J ~ ""- Z Z ,.~~Y , C\\\ ' - I if ~ EBurrOUDr .111I' I!..~', _PI p.. ~ ~ e_1n ~I.n '" \... r. 7 ~,. ~ E"-Ln I.... e_In_Ln. L ( 3 e~lnr~ ~ ~ '~~ .--. - "'-- Cl "'- "\ \. , E_",,- \ e__..... "'" ..I'" \ \ e .........n...- 1 l ~ 1 FIGURE 1 s a;~~ !O-.., -0- ;,;~~ J+l. 12 (104) J 959 (532) -+ 112 (1061 -. PROJECT: L 34 (IBI +- 423 0301) r 200 (296) ~tr .nON N \DO \D -0= O-N 11''''0 -I"'IN PROPOSED RE TAIL DEVELOPMENT MT. PROSPECT. ILLINOIS NOT TO SCALE ~ ;, (") o ~ "i. ~ ~ ~ '; ~ ~ <<; o t, SITE LEGEND 8 - EXISTING SIGNAL 00 - <7:00-8:00) AM (00) - (4:45-5:45) PM TITLE: EUCLID NUE NO. 05-015 r'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-' ! ... \ , " ... " ... ... ... ... ... ... " ... ... ... ... ... ... ... ... ... ... " ~ , ... \ " " ... ~ , \, , ... \ " " " " .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.- ._._._._._._._._._._._._._.-._._._,_._._.~ EXISTING WEEKDAY TRAFFIC VOLUMES ,. dIl\ FIGURE NO: 4 2 Development Traffic Characteristics In order to properly evaluate future traffic conditions at the proposed site access drive and adjacent intersection, it was necessary to determine the traffic characteristics of the proposed facility, including the directional distribution and volumes of traffic that it will generate. Directional Distribution The directional distribution of future site-generated trips on the external roads is a function of several variables, including the operational characteristics of the roadway system and the ease with which drivers can travel over various sections of the system without encountering congestion. The directional distribution of traffic that will be generated by the proposed development was based primarily on existing travel patterns as determined from the traffic counts. The estimated directional distribution is illustrated in Figure 3 and summarized in Table 1. Projected Traffic Generation The estimate of the traffic volumes that will be generated by the proposed development was based on the magnitude and character of its land uses. As noted previously, the plans call for a two-story 24,000 square-foot building that will contain the following uses: 12,000 square feet of retail on the first floor including a 1,700 square-foot dnve-through coffee shop 12,000 square feet of medical/clinical use on the second floor The traffic that will be generated by the proposed drive-through coffee shop was estimated based on trip generation surveys conducted by KLOA, Inc. at similar facilities. As for the retail building and medical/clinical use, trip generation rates published by ITE in its 7th Edition of the Trip Generation Manual were used. lTE Land-Use Codes 814 and 720 were utilized, respectively. The estimate of peak hour traffic volumes that will be generated by the proposed development is shown in Table 2. Table 1 ESTIMATED DIRECTIONAL DISTRIBUTION Direction To/from the north on Wolf Road Percent 15% To/from the south on Wolf Road 25% To/from the east on Euclid Avenue 20% To/from the west on Euclid Avenue 40% Total 100% 5 401. .. . PROJECT. ~I f. ~ ~ \ " ~ ~ ~ ~ ~ ~ ~ o t, r'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-~ i '\ i '\ i '\ i '\ i \ . , I . . , I . . , I . i \ i \ . , '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ '\ " '\ '\ '\ '\ '\ '\ '\ '\ '\ \ , \ , '\ " '\ --.-.-.-.-.-.-.-.-.-.-.-.-.-.-.- -.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.j SITE let LEGEND 8 - EXISTING SIGNAL TITLE. PROPOSED RE TAIL DEVELOPMENT UT. PROSPECT. ILLINOIS ESTlUA TED DIRECTIONAL OIST'RIBUTlON 6 NOT TO SCALE 201. . . EUCLID 05-075 ~ F'IGURE NOr 3 Table 2 ESTIMATED PEAK HOUR SITE-GENERATED TRAFFIC Weekday A.M. Land Use Inbound Outbound Weekday P.M. Inbound Outbound 15 40 30 30 30 30 75 100 20 20 S5 80 Proposed Medical Use 30 5 Proposed Dnve Through Coffee Store 100 100 Proposed Retail 10 10 Total 140 115 Pass-By (60 percent)! 60 60 Total New Tnps 80 5S 'ApplIed only to the dnve- through coffee shop It should be noted that surveys conducted by lTE at similar uses have shown that a considerable number of trips made to the uses are diverted from existing traffic passing these developments. These trips are referred to as diverted or pass-by trips. Approximately 25 to 45 percent of retail trips and 60 to 70 percent of drive-through coffee shops are found to be diverted from the existing traffic along adjacent roadways and other nearby area roadways. For the purpose of this study, it was conservatively assumed that 60 percent of only the drive-through coffee shop traffic will be diverted from existing traffic on Euclid Avenue and Wolf Road. In addition., given the different types of uses proposed, interaction or multi-purpose factor will occur, However, no reductions are taken to account for the interaction that will occur. Traffic Assignments The new site traffic that would be generated during the peak hours was assigned to the area roadways based on the directional distribution earlier as shown in Figure 4. The site traffic was then added to the background traffic volumes that included a two percent growth factor The total traffic volumes are shown in Figure 5. These projected volumes were analyZed to determine both the impact of the proposed development on area roadways and the requirements for the design of an adequate and efficient site access system. Evaluation and Recommendations Site Access The proposed development will be provided with access off Euclid A venue and Wolf Road. The access drive on Euclid Avenue will be located approximately 150 feet east of Wolf Road and will be restricted physically ( via triangular island median) and via signage to right turns in and out only. Access on Wolf Road will be located approximately 250 feet north of Euclid A venue and will be designed to allow full movements with one inbound lane and two outbound lanes. Inbound left turn lanes will be accommodated via the existing striped median on Wolf Road. 7 r'-'-'-'-'-'-'-'-'-'-'- -.-.- _._._._._._._._._._._._.~ , , , , , , , , , , , , , , , , , , , , , , , , , " , " , , , , , , , , , , "' "' "' L1601) \ .-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-, s~- --~ ;:0:: .J~l. 32 (22) .J t PROJECTs !! L 8 (121 l. r 28 (.01 ~ ~ \D ~ ~ ~ -. U) (') o ~ ~ ~ ~ ~ ~ ~ ~ c; o ~ SITE CD ~ .- 15 (221 ~ r · (61 .J -.- -.- -.- -.-.-.-.-.-.-.-.-.-. ~ 2 PROPOSED RETAIL DEVELOP~ENT MT. PROSPECT. ILLINOIS LEGEND 8 - EXISTING SIGNAL 00 - (7:00-8:00) AM (00) - (4:45-5:45) PM TITLE: ESTIMATED SITE-GENERATED TRAfFIC VOLUMES 8 NOT TO SCALE NOs 05-075 ,. '*" FIGURE NOs 4 NOT TO SCALE ~ % <i re .,. ~.-._._._._._.-._._._._._._._._._._._.-._._._._._._._., i , i , i , . , , , , , , , , , , , , , , , , , , , , , , \ , , , , , , , " , , \ , ~ , ... L 43 (21) \ .J +- 643 (638) \ .-.- - -.-.-.- - -.- -.-.- -.-.-. .-._._._._._._._._._._._._._._._._._._._._..a ~ ~ .,s ~ .,. ~ '; o ~ ;a lD - ~a lDO N.... ... L 23 (11) r 46 (45) ~ l. t ,. SITE ;:::= lD~ ... -.... j;li~ ... ~!-- N~", ~-." -....- N....'" ~ ", ", CD !:! L 35 (19) +- 446 0349) r 208 (308) .J~l. EUCLID NUE 105 U8) J 918 (533) .... 115 (08) .. ~t,. - ......ii5- C[!"",'" ~-!Q - - ",lD~ "''''0 -"'c-., LEGENO 8 - EXISTING SIGNAL 00 - <7:00-8:00) AM (00) - (4:45-5:45) PM PROJECTe TITLEe 05-015 ,.~ PROPOSED RETAIL DEVELOPYENT MT. PROSPECT. ILLINOIS PROJECTED TOTAL TRAFFIC VOLUMES FIGURE NOI 5 9 It is recommended that outbound movements from both access drives be under stop sign control. Roadway Improvement Needs In order to evaluate the impact of the anticipated traffic volumes. capacity analyses were conducted at the signalized intersection of Euclid A venue with Wolf Road under existing and future conditions and at the unsignalized intersections of the proposed access drives with Euclid A venue and Wolf Road under future condition. The results of the analyses expressed in terms Level of Service (LOS) and delays for existing and future conditions are shown in Table 3 A breakdown of level of service and delay for each movement is also shown in Table 4. (For an explanation of Level of Service and copies of the capacity analyses worksheets. please refer to the Appendix.) As can be seen from Tables 3 and 4. the intersection of Euclid Avenue and Wolf Road is operating at acceptable levels of service during the peak hours and will continue to operate at acceptable levels of service under future conditions with minimal increases in average delays. This indicates that site traffic can be accommodated adequately. At the intersections of the proposed access drives with Euclid A venue and Wolf Road. acceptable levels of service will occur indicating that the proposed design of the access drives are adequate in accommodating site traffic. Table 3 LEVEL OF SERVICE SUMMARY-OVERALL EXisting Conditions Weekday A.M. Weekday P.M LOS Delay LOS Delay Future Conditions Weekday A.M Weekday P M LOS Delay LOS Delay Intersection Euchd Avenue I Wolf Road C 32.7 D+ 444 C 34.1 D 52.5 Euchd A venuel Restricted Drive2 B 106 C 165 Wolf Road! Access Drive2 B 12.7 B 143 'Slgnahzed Intersection 2UnsIgnalized IntersectIon LOS - Level of Service Delay - Measured ID seconds 10 Table 4 LEVEL OF SERVICE SUMMARY-INDIVIDUAL MOVEMENTS EXlstmg Conditions Future Conditions Weekday A M. Weekday P M. Weekday A M Weekday P M Intersection LOS Delay LOS Delay LOS Delay LOS Delay Euclid Avenue! Wolf Road - North Approach D 380 0 506 0 38.3 E 59 :! . Right TurnlThrough 0 382 0 520 0 386 E 616 . Left Turn C 343 C 223 0 353 C 236 - South Approach C 337 0 439 C 346 0 479 . Right Turn/Through C 324 0 407 C 32.9 0 422 . Left Turn 0 383 0 51 7 0 410 E 620 - East Approach C 27.5 0 497 C 294 E 608 . Right Turn C 235 0 490 C 238 E 602 . Left Turn 0 366 0 532 0 423 E 635 - West Approach C 33 1 C 270 C 347 C 320 . Right TurnlThrough C 345 C 262 0 368 C 258 . Left Turn B III C 318 B 116 E 606 Euclid Avenue! Reslricted Drive - Southbound Right B 106 C 165 Wolf Road! Proposed Access - Southbound Left A 85 A 86 - Northbound Left B 141 C 158 - Westbound Right B 100 B 10 I 11 Site Circulation and Operations The coffee shop's proposed drive-through facility will be on the west side of the building with vehicles entering from the north heading south and then east to exit the facility. The drive-through lane has been designed to exceed the maximum stacking of nine to ten vehicles observed at other facilities. Traffic exiting the drive-through facility should be under stop SIgn control. Conclusion Based on the findings of the study, the site traffic that will be generated by the proposed commercial development will not have a significant impact on area land uses or the roadwa} network. The site access system as recommended will be adequate and the traffic demand of the proposed facility can be accommodated adequately and efficiently. LRA \ps Glenner CommercIal Development lR Mount Prospect August 6 2007 Ira 12 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Delay per Vehicle Level of Service Interpretation (seconds) A Very short delay, with extremely favorable progression ::;;10.0 Most vehicles arrive during the green phase and do not stop at all. B Good progression, With more vehicles stopping than for > 10 and ::;;20.0 Level of ServIce A, causing higher levels of average delay. C Light congestion, with individual cycle failures beginmng to >20 and ::;;35 appear Number of vehicles stopping IS significant at this level though many still pass through the intersectIOn without stopping. D Congestion IS more noticeable, With longer delays resulting >35 and ::;;55 from combination of unfavorable progression, long cycle lengths, or high V Ie ratios. Many vehicles stop and the proportion of vehicles not stopping declines E Limit of acceptable delay High delays result from poor >55 and ::;;80 progression, high cycle lengths and high V IC ratios F Unacceptable delay occurring, with oversaturatlon. >800 Source Highway Capacity Manual. 2000. LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS Level of Service Average Total Delay (SECNEH) A ::;;10 B >10 and ::;;15 C >15 and ::;;25 D >25 and ::;;35 E >35 and ::;;50 F >50 Source. Highway Capacity Manual, 2000 ,. "" Mount PrQSPeCt, IL. Eudid- Av~e ..INl.W.( olf'Road ExistIng W~~. _, 12/01/06 12:11:57 SIGNAL2000/TEAPAC Ver 2.70.07 - Ca aci Anal sis Summa Intersed:lOI'1' Averages for W ~ 1- - Degree ~ratiOrt (vie) 0.60 Vehicle Delay 32.7 Level of Service C Nt Phase 1 Phase 2 Phase 3 Phase 4 JF. L . -1 r .. I ,---- 1Ir ~dr , ... _____1 III . m *-~ G/C=0.042 G/C=0.258 G/C=0.130 G/C=0.420 G= 5.0" G= 31.0" G= 15.6" G= 50.4" Y+R= 4.0" Y +R= 5.0" Y+R= 4.0" Y+R= 5.0" Off= 0.0% Off= 7.5% Off=37.5% Off=53.8% Sq 34 **1** C=120 see G=102.0 see = 85.0% Y=18.0 see = 15.0% Ped= 0.0 see = 0.0% Lane Wlc;U:h1 g/C Service Rate Adj HCM L Queue Group I..aJIIes ~ Used @C (vph) @E Volum~ vie Salay S Model 1 N Approach . 38.0 0+ RT+TH 24/2 0.289 0.258 186 897 436 0.486 38.2 *0-+ 296 ft LT 1211 0.251 0.258 36 181 24 0.119 34.3 C 30 ft S Approach 33.7 C RT+TH 24/2 0.309 0.333 706 1114 561 0.504 32.4 C 356 ft LT 12/1 0.049 0.042 143 237 158 0.627 38.3 *0-+ 216 ft E Approach 27.5 C RT+TH 24/2 0.294 0.420 1221 1474 481 0.326 23.5 C+ 257 ft LT 12/1 0.135 0.130 206 289 211 0.708 36.6 *0-+ 251ft W Approach 33.1 C RT+TH 24/2 0.417 0.420 1205 1457 1190 0.817 34.5 *C 821 ft LT 12/1 0.000 0.130 501 557 76 0.136 11.1 B+ 55 ft =!2 ~~. = . .~Road ,.i ? ',,- 12/01/06 12:11:30 -~: ....'~ ~ ~ d SIGNAl2000/TEAPAC Ver 2.70.07] - Summa of Parameter Values Interseetlondlarameters for Int # 1- METROAREA NonCBD NETWORK North 0 0 0 0 0 0 0 Def No LOS Targets 35 80 5 NETWORK East 0 0 0 0 0 0 0 Def No 90 100 5 NETWORK South 0 0 0 0 0 0 0 Def No Priorities 0 0 0 0 0 0 NETWORK West 0 0 0 0 0 0 0 Def No NODELOCA110N 0 0 Approaqt Parameters APPLABELS N E S W GRADES 0.0 0.0 0.0 0.0 PEDLEVELS 0 0 0 0 BIKEVOLUMES 0 0 0 0 PARKINGSIDES None None None None PARKVOLUMES 20 20 20 20 BUSVOLUMES 0 0 0 0 RIGHlTURNONREDS 0 0 0 0 UPSTREAMVC 0.00 0.00 0.00 0.00 MOVdllft!a1t Parameters MOVLABELS RT TH LT RT TH LT RT TH LT RT TH LT VOLUMES 54 360 23 34 423 200 202 331 150 172 959 72 WIDTHS 0.0 24.0 12.0 0.0 24.0 12.0 0.0 24.0 12.0 0.0 24.0 12.0 LANES 0 2 1 0 2 1 0 2 1 0 2 1 GROUPTYPES Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm UllUZATIONS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TRUCKPERCENTS 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 PEAKHOURFACTORS 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 ARRIVAL TYPES 3 3 3 3 3 3 3 3 3 3 3 3 ACTUATIONS Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes REQCLEARANCES 4.0 5.0 4.0 4.0 5.0 4.0 4.0 5.0 4.0 4.0 5.0 4.0 MINIMUMS 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 STARTUPLOST 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 ENDGAIN 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 STORAGE 0 0 0 0 0 0 0 0 0 0 0 0 INmALQUEUE 0 0 0 0 0 0 0 0 0 0 0 0 IDEALSATFLOWS 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 FACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 DELAYFACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 NSTQPFACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 SATURATION FLOWS o 3477 806 o 3507 1770 o 3345 1770 o 3466 1770 Phasing ParamelerS SEQUENCES 34 ALL PERMISSIVES Yes Yes Yes Yes LEADLAGS None None OVERLAPS Yes Yes Yes Yes OFFSET 0.00 1 CYCLES 120 120 30 PEDl1ME 0.0 0 GREENTIMES 5.00 35.65 12.84 48.50 YELLOWTIMES 4.00 5.00 4.00 5.00 CRmCALS 9 2 6 11 Mount~I~~_ Eudid.AyenuS81MrWolf Road ExtstJr;t_ ~.PM - ~ '" 12/01/06 12:14:46 A SIGNAL2000jTEAPAC[Ver 2.70.07] - Ca aci Anal sis Summa IntersectlPn Averages for Int _ 1- eeg....,-saturation (vIe) 0.79 vehicle Delay 44.4 Level of Service 0+ + Phase 1 Phase 2 Phase 3 Phase 4 L JIt. L --1 r + ,----- I '-il r , ... _____1 1 . ~ G/C=0.115 G/C=0.260 G/C=0.065 G/C=0.410 G= 13.8" G= 31.2" G= 7.8" G= 49.2" Y+R= 4.0" Y+R= 5.0" Y+R= 4.0" Y+R= 5.0" Off= 0.0% 00=14.8% 00=45.0% Qff=54.8% Sq 44 ** /** C=120 see G=102.0 see = 85.0% Y=18.0 see = 15.0% Ped= 0.0 see = 0.0% Lane WIl!IiP.I . R_~Used ~)~ ~.. I-" JIIGM L Queue GrOup Lanes VOlume vIe Delay S Model 1 N Approach 50.6 0 . RT+TH 24/2 0.342 0.260 197 892 778 0.872 52.0 *0 627 ft LT 12/1 0.010 0.115 255 337 38 0.113 22.3 C+ 37 ft s Approach 43.9 0+ RT+TH 24/2 0.306 0.260 194 878 550 0.626 40.7 0+ 390 ft LT 12/1 0.143 0.115 189 259 226 0.850 51.7 *0 353 ft E Approacb 49.7 0 RT+TH 24/2 0.452 0.410 1180 1451 1388 0.957 49.0 *0 1122 ft LT 12/1 0.083 0.065 274 342 312 0.912 53.2 *0 497 ft w Approuh 27.0 C+ . . . RT+TH 24/2 0.323 0.410 1151 1418 672 0.474 26.2 C+ 386 ft LT 12/1 0.059 0.065 119 166 109 0.616 31.8 C 133 ft Mount prospect, IL. Euclid A=a wOlf, Road existing; . PICf' 12/01/06 12:15:03 SIGNAl2000jTEAPAC[Ver 2.70.07 - Summa of Parameter Values Intersectiolll Parameters for Int # METROAREA NonCBO LOS Targets 35 80 5 90 100 5 Priorities 0 0 0 0 0 0 Approach parameters APPLABELS GRADES PEDLEVELS BIKEVOLUMES PARKINGSIDES PARKVOLUMES BUSVOLUMES RIGHTIURNONREDS uPSTREAMVC N 0.0 o o None 20 o o 0.00 Movemeot Parameters MOVLABELS RT TH L T VOLUMES 159 580 36 WIDTHS 0.0 24.0 12.0 LANES 0 2 1 GROUPTYPES Norm Norm Norm UTIUZATIONS 0.00 0.00 0.00 TRUCKPERCENTS 2.0 2.0 2.0 PEAKHOURFACTORS 0.95 0.95 0.95 ARRIVAL TYPES 3 3 3 ACTUATIONS Yes Yes Yes REQCLEARANCES 4.0 5.0 4.0 MINIMUMS 5.0 5.0 5.0 STARTUPLOST 2.0 2.0 2.0 ENOGAIN 2.0 2.0 2.0 STORAGE 0 0 0 INrTIALQUEUE 0 0 0 IDEAlSATFLOWS 1900 1900 1900 FACTORS 1.00 1.00 1.00 DELAYFACTORS 1.00 1.00 1.00 NSTOPFACTORS 1.00 1.00 1.00 SATURATION FLOWS 0 3432 1770 1- NETWORK North NETWORK East NETWORK South NETWORK West NODELOCATION E 0.0 o o None 20 o o 0.00 RT TH L T 18 1301 296 0.0 24.0 12.0 021 Norm Norm Norm 0.00 0.00 0.00 2.0 2.0 2.0 0.95 0.95 0.95 3 3 3 Yes Yes Yes 4.0 5.0 4.0 5.0 5.0 5.0 2.0 2.0 2.0 2.0 2.0 2.0 000 o 0 0 1900 1900 1900 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 o 3539 1770 0 0 0 0 0 0 0 Def No 0 0 0 0 0 0 0 Def No 0 0 0 0 0 0 0 Def No 0 0 0 0 0 0 0 Def No 0 0 S W 0.0 0.0 0 0 0 0 None None 20 20 0 0 0 0 0.00 0.00 RT TH LT RT TH LT 162 360 215 106 532 104 0.0 24.0 12.0 0.0 24.0 12.0 0 2 1 0 2 1 Norm Norm Norm Norm Norm Norm 0.00 0.00 0.00 0.00 0.00 0.00 2.0 2.0 2.0 2.0 2.0 20 0.95 0.95 0.95 0.95 0.95 0.95 3 3 3 3 3 3 Yes Yes Yes Yes Yes Yes 4.0 5.0 4.0 4.0 5.0 4.0 5.0 5.0 5.0 5.0 5.0 5.0 2.0 2.0 2.0 2.0 2.0 20 2.0 2.0 2.0 2.0 2.0 2.0 0 0 0 0 0 0 0 0 0 0 0 0 1900 1900 1900 1900 1900 1900 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 o 3381 1770 o 3458 1770 PhasIng; Parameters' SEQUENCES 44 ALL PERMISSIVES Yes Yes Yes Yes LEADLAGS None None OVERLAPS Yes Yes Yes Yes OFFSET 0.00 1 CYCLES 120 120 30 PEDTIME 0.0 0 GREENTIMES 13.80 31.17 7.82 49.20 YELLOWTIMES 4.00 5.00 4.00 5.00 CRITICALS 9 2 6 5 MOUAt Pro5peEt, IL. ~~~. .&.-: ~.~ ';t' "..",,~d~"-' , _' ~ _k ~.._...-.......i..." _~~t.~ _1~4 06/2:U07 & ~:25~52 SIGNAl2000/TEAPAQVer 2.70.07 - Ca aci Anal sis Summa intersection A~ ,fraI:.Int # 1 - " Degr..etSaturatfon (v/c),o.63 - . Vehiae Oeaay 34..1', .' '" lBlrel., S*vice C Sq 34 **1** Phase 1 Phase 2 Phase 3 Phase 4 JIL L . -1 r .. , ,----- 1fr -'If ~ I . _____,1 * . m *-1 G/C=0.042 G/C=0.258 G/C=0.130 G/C=0.420 G= 5.0" G= 31.0" G= 15.6" G= 50.4" Y+R= 4.0" Y+R= 5.0" Y+R= 4.0" Y+R= 5.0" Off= 0.0% Off= 7.5% Off=37.5% Off=53.8% Nth C=120 see G=102.0 see = 85.0% Y=18.0 see = 15.0% Ped= 0.0 see = 0.0% lane Width/ g/C "'-~~-' Alti" - ( = L ~9 Group Lanes Reqd Used Vofurrt& ~ . S N Approach 38.3 0+ RT+TH 24/2 0.292 0.258 188 897 462 0.515 38.6 *0+ 289 ft LT 12/1 0.261 0.258 33 168 37 0.197 35.3 0+ 46 ft s Appreach .... 34.6 .? C RT+TH 24/2 0.314 0.333 709 1117 594 0.532 32.9 C 334 ft LT 12/1 0.053 0.042 137 226 161 0.668 41.0 *0.. 179 ft E AfJproach 29.4 C RT+TH 24/2 0.299 0.420 1184 1434 506 0.353 23.8 C+ 252 ft LT 12/1 0.152 0.130 195 282 219 0.750 42.3 *0+ 216 ft: WApproach - 34..7 ^' C RT+TH 24/2 0.429 0.420 1172 1420 1213 0.854 36.8 *O'i 602ft LT 12/1 0.000 0.130 489 544 111 0.204 11.6 B+ 76 ft Mount.Qro$pect, ,JL: ...;,...."'-. EudIP~W~d ,.Ji:.. ~~AM-* . M'> ;:~A ~,~?:"" 06/22/07 15:26:05 , :~. rt~; "'''';;'~''~: ,; ~ "'""'" , ..... SIGNAl2000/TEAPAC[Ver 2.70.07 - Summa of Parameter Values Intersection Paral:ft_"'for lnt /I 1- METROAREA NonCED NElWORK North 0 0 0 0 0 0 0 Def No LOS Targets 35 80 5 NElWORK East 0 0 0 0 0 0 0 Def No 90 100 5 NElWORK South 0 0 0 0 0 0 0 Def No Priorities 0 0 0 0 0 0 NElWORK West 0 0 0 0 0 0 0 Def No NODELOCATION 0 0 Approach Paramefers APPLABELS N E S W GRADES 0.0 0.0 0.0 0.0 PEDLEVELS 0 0 0 0 BIKEVOLUMES 0 0 0 0 PARKIN GSIDES None None None None PARKVOLUMES 20 20 20 20 BUSVOLUMES 0 0 0 0 RIGHTTURNONREDS 0 0 0 0 uPSTREAMVC 0.00 0.00 0.00 0.00 Movement parameters MOVLABELS RT TH LT RT TH LT RT TH LT RT TH LT VOLUMES 62 377 35 35 446 208 206 358 153 175 978 105 WIDTHS 0.0 24.0 12.0 0.0 24.0 12.0 0.0 24.0 12.0 0.0 24.0 12.0 LANES 0 2 1 0 2 1 0 2 1 0 2 1 GROUPTYPES Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm Norm UTIUZATIONS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TRUCKPERCENTS 2.0 2.0 2.0 2.0 5.0 2.0 2.0 2.0 2.0 2.0 5.0 2.0 PEAKHOURFACTORS 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 ARRIVAL TYPES 3 3 3 3 3 3 3 3 3 3 3 3 ACTIJATIONS Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes REQCLEARANCES 4.0 5.0 5.0 4.0 5.0 4.0 4.0 5.0 4.0 4.0 5.0 4.0 MINIMUMS 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 STARTUPLOST 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 ENDGAIN 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 STORAGE 0 0 0 0 0 0 0 0 0 0 0 0 INITIALQUEUE 0 0 0 0 0 0 0 0 0 0 0 0 IDEALSATFLOWS 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 FACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 DELAYFACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 NSTOPFACTORS 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 SATURATION FLOWS o 3472 726 o 3415 1770 o 3352 1770 o 3382 1770 PhasIng Parameters SEQUENCES 34 ALL PERMISSIVES Yes Yes Yes Yes LEADLAGS None None OVERLAPS Yes Yes Yes Yes OFFSET 0.00 1 CYCLES 120 120 30 PEDTIME 0.0 0 GREENTIMES 5.00 31.00 15.60 50.40 YELLOWTIMES 4.00 5.00 4.00 5.00 CRmCALS 9 2 6 11 ." '" ~/22/07 lS:28:59 MOUDt Pros~ IL. Eudl6 Avef')~WolNGilit;" ~~ ,~' . -~- MIl>. 'h<s,?''''''':''.... ...... 'Retl .)t .... .~ .:< 1" " ., SIGNAL2000jTEAPAC Ver 2.70,07] - Ca aci Anal sis Summa InterseGI!IiDn Averages f81Qnt # 1 -' ..,{, __~ 4.; ~ ~ ~ . , Deg~ Satu~;&.8fII..' , ~hfde Delay 52.5'- l.eVd ~SeF'Ii8e D Nt Phase 1 Phase 2 Phase 3 Phase 4 L JIL ~ --1 r .. , ,-- -- '1 r r I . _____1 1 . ~ G/C=0.110 G/C=0.254 G/C=0.061 G/C=0.416 G= 13.2" G= 30.5" G= 7.3" G= 50.0" Y+R= 5.0" Y+R= 5.0" Y+R= 4.0" Y+R= 5.0" Off= 0.0% Off=15.2% 00=44.7% 00=54.2% SQ 44 **/** C=120 see G=101.0 see = 84.2% Y=19.0 see = 15.8% Ped= 0.0 see = 0.0% lane Wldthl g/C ~ RSfr Ad,1 -- 1.1,.,.. . L f2ueue -. .. .. 'llill<':" "'l' Group lanes- 4'bqd usecr OC ~h) o. g,.oIItf(c . " " 5 I'IodeI 9 N Approach '. <.." 59.2 E+ RT+TH 24/2 0.349 0.254 150 871 819 0.940 61.6 *E+ 515 ft LT 12/1 0.018 0.110 231 312 56 0.179 23.6 C+ 56ft 5 Approach . '" 47.9 D RT+TH 24/2 0.310 0.254 148 860 575 0.669 42.2 O-t 362 ft LT 12/1 0.148 0.110 177 249 231 0.899 62.0 *E+ 242 ft E Approach 60.8 E+ RT+TH 24/2 0.473 0.416 1176 1432 1440 1.006 60.2 *E+ 743 ft LT 12/1 0.087 0.061 271 340 324 0.953 63.5 *E+ 263 ft w Approach 32.0 C RT+TH 24/2 0.327 0.416 1152 1405 675 0.480 25.8 C+ 337 ft LT 12/1 0.087 0.061 112 158 145 0.853 60.6 E+ 125 ft Mount Prospect,..A. Eudid Avenue and Wolf Rpad Future W~kdav ~ ... -.... ~ ...,<, .....- 06/22/07 r5:29:12 "... SIGNAL2000jTEAPAC[Ver 2.70.07 - Summa of Parameter Values Intersection -Ntameters for Int # 1 - "..... ,~ METROAREA NonCBD NETWORK North 0 0 0 0 0 0 0 Def No LOS Targets 35 80 5 NETWORK East 0 0 0 0 0 0 0 Def No 90 100 5 NETWORK South 0 0 0 0 0 0 0 Def No Priorities 0 0 0 0 0 0 NETWORK West 0 0 0 0 0 0 0 Def No NODELOCATION 0 0 Approach Parameters APPLABELS GRADES PEDLEVELS BIKEVOLUMES PARKINGSIDES PARKVOLUMES BUSVOLUMES RIGHTTURNONREDS UPSTREAMVC N 0.0 o o None 20 o o 0.00 Movement Parameters MOVLABELS RT TH L T VOLUMES 172 606 53 WIDTHS 0.0 24.0 12.0 LANES 0 2 1 GROUPTYPES Norm Norm Norm UTILIZATIONS 0.00 0.00 0.00 TRUCKPERCENTS 2.0 2.0 2.0 PEAKHOURFACTORS 0.95 0.95 0.95 ARRIVAL TYPES 3 3 3 ACTUATIONS Yes Yes Yes REQCLEARANCES 4.0 5.0 5.0 MINIMUMS 5.0 5.0 5.0 STARTUPLOST 2.0 2.0 2.0 ENDGAIN 2.0 2.0 2.0 STORAGE 0 0 0 INITIALQUEUE 0 0 0 IDEALSATFLOWS 1900 1900 1900 FACTORS 1.00 1.00 1.00 DELAYFACTORS 1.00 1.00 1.00 NSTOPFACTORS 1.00 1.00 1.00 SATURATION FLOWS 0 3429 1770 E 0.0 o o None 20 o o 0.00 RT TH L T 19 1349 308 0.0 24.0 12.0 021 Norm Norm Norm 0.00 0.00 0.00 2.0 5.0 2.0 0.95 0.95 0.95 333 Yes Yes Yes 4.0 5.0 4.0 5.0 5.0 5.0 2.0 2.0 2.0 2.0 2.0 2.0 000 000 1900 1900 1900 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 o 3440 1770 S 0.0 o o None 20 o o 0.00 RT TH L T 165 381 219 0.0 24.0 12.0 021 Norm Norm Norm 0.00 0.00 0.00 2.0 2.0 2.0 0.95 0.95 0.95 333 Yes Yes Yes 4.0 5.0 4.0 5.0 5.0 5.0 2.0 2.0 2.0 2.0 2.0 2.0 000 000 1900 1900 1900 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 o 3386 1770 W 0.0 o o None 20 o o 0.00 RT TH L T 108 533 138 0.0 24.0 12.0 021 Norm Norm Norm 0.00 0.00 0.00 2.0 5.0 2.0 0.95 0.95 0.95 333 Yes Yes Yes 4.0 5.0 4.0 5.0 5.0 5.0 2.0 2.0 2.0 2.0 2.0 2.0 000 000 1900 1900 1900 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 o 3374 1770 Phasing Parameters SEQUENCES 44 ALL PERMISSIVES Yes Yes Yes Yes LEADLAGS None None OVERLAPS Yes Yes Yes Yes OFFSET 0.00 1 CYCLES 120 120 30 PEDTIME 0.0 0 GREENTIMES 13.20 30.49 7.34 49.97 YELLOWTIMES 5.00 5.00 4.00 5.00 CRmCALS 9 2 6 5 Two- Way Stop Control Page 1 of 2 ~O-WAYSTOPCONTROLSUMMARY :; enerallnformation liite Information Analvst ntersectJon Aaencv/Co LOA, Inc unschcbon 'Mount Prosoect, IL Date Performed ',12212007 l\nalvsls Year lJ:uture AnalysIs Time Penod M 'rolect DescnptJon ProDosed Develooment EastlWest Street Euclid Avenue lNorth/South Street Restncted Access Dnve Intersecbon Onentatlon East-West IStudv Pened (hrs) 100 Vehicle Volumes and Adiustments IMalor Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R olume (vehlh) 643 43 )eak-Hour Factor, PHF 095 095 095 095 095 095 iourly Flow Rate, HFR 0 0 0 0 676 45 veh/h) Percent Heavv Vehicles 0 - - 0 - - MedIan Type UndIVided ~T Channelized 0 0 anes 0 0 0 0 2 0 Configuration T TR Upstream Slcnal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 46 Peak-Hour Factor, PHF 095 095 095 095 095 095 Hourly Row Rate, HFR 0 0 0 0 0 48 venIn) Percent Heavy Vehicles 0 0 0 0 0 0 !Percent Grade (%) 0 0 il:lared Approach N N Storage 0 0 RT ChannelIZed 0 0 II-anes 0 0 0 0 0 1 lConflQurabon R lDe.av. Queue Length. and Leve. of Service ~pproach Eastbound Westbound Northbound Southbound Movement 1 4 7 8 9 10 11 12 II-ane Configuration R ~ (vehlh) 48 C (m) (veh/h) 689 ~/c 007 95% queue length 022 Control Delay (slveh) 106 L.OS B Approach Delay - - 106 slveh) Approach LOS - - B fi le:1 IC: \Documents and Settings\LABOON A \Local Settings\ T emp\u2kS SF. tmp 6/22/2007 Two-Way Stop Control Page I of2 TWO-WAY STOP CONTROL SUMMARY enerallnformation .ite Information Analvst ntersectJon ~ncv/Co KLOA, Inc unsdlctJon Wount Prosoect, IL Illate Performed 6/2212007 "nalvsls Year uture IlAnalysls Time Pened PM Project Descnotlon Prooosed Develooment EastlWest Street Euclid Avenue It lorthlSouth Street Restncted Access Dnve Intersection Onentatlon East-West If tudV Pened (hrs) 100 ehiele Volumes and Adjustments 1MBior Street Eastbound Westbound ~ovement 1 2 3 4 5 6 L T R L T R lIolume (veh/h) 1638 21 Peak-Hour Factor, PHF 095 095 095 095 095 095 Hourly Flow Rate, HFR 0 0 0 0 1724 22 veh/h) Percent Heavv Vehicles 0 - - 0 - - Median Type Undivided RT ChannelIZed 0 0 anes 0 0 0 0 2 0 Conflauratlon T TR U ostream Slanal 0 0 Inor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume (veh/h) 38 Peak-Hour Factor, PHF 095 095 095 095 095 095 Hourly Flow Rate, HFR 0 0 0 0 0 40 veh/h) Percent Hea"y Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 I:lared Approach N N Storage 0 0 1fT ChannelIZed 0 0 -anes 0 0 0 0 0 1 ~onflguratton R blav. Queue Lend and Level of Service Approach Eastbound Westbound Northbound Southbound ~ovement 1 4 7 8 9 10 11 12 ane Conflgurabon R " (veh/h) 40 C (m)(veh/h) 352 vie 011 95% queue length 038 Control Delay (slveh) 165 LOS C Approach Delay - - 165 slveh) ~pproach LOS - - C fi If'!. / tr .\J)ocuments and SettinlZs\LABOON A \Local Settings\ T emp\u2kS SF .tmp 6/22/2007 Two-Wa) Stop Control ~o-WAYSTOPCONTROLSUMMARY Site Information Intersection lIunsdlctJon lAnalvSls Year enerallnformation nalYst ,gencv/Co KLOA. Inc Date Performed 6/2212007 IAnalYsls TIme Penod ~M Prolect DescnDtlon Prooosed Develooment astJWest Street Prooosed Access Onve ntersectlon Onentatlon North-South Vehicle Volumes and Adjustments !Maior Street Northbound Movement 1 2 L T 431 095 453 "olume (vehlh) )eak-Hour Factor, PHF -lourly Flow Rate, HFR veM; ) Percent Heavv Vehicles Median Tvpe IRT ChannelIZed Lanes lConflguratlon Upstream Slanal IMlnor Street Movement 095 o o o 2 T o Eastbound 8 T 7 L Volume (veh/h) Peak-Hour Factor, PHF Hourly Flow Rate, HFR venin) Percent Heaw Vehicles Percent Grade (%) I'"lared Approach Storage ~T ChannelIZed anes onflauratlOn I8lav. Queue lenath and level of Service ~proach Northbound Southbound Movement 1 4 Lane Conflgurabon L ~ (vehlh) 31 C (m) (vehlh) 1054 ~/c 0 03 95% queue length 0 09 Control Delay (sIveh) 85 OS A Approach Delay slveh) -- Approach LOS - - 095 o 095 o o o o N o o o lNorth/South Street Wolf Road IStudv Penod (hrs) 100 3 R 67 095 70 4 L 30 095 31 Mount ProsDect, IL ~uture Southbound 5 T 428 095 450 2 T o Westbound 11 T 095 o o o N o o file:IIC : \Documents and Settings\LABOONA \Local Settings\ Temp\u2k55F .tmp - 0 Two Way Left Tum Lane o o TR 1 L 9 R 10 l 46 095 48 o 095 o o o o 1 L Page 1 of2 6 R 095 o o o 12 R 23 095 24 o o 1 R Westbound Eastbound 7 8 9 10 11 12 L R 48 24 443 743 011 003 036 010 141 100 B B 127 B 6/22/2007 Two-Way Stop Control Page 1 of:! TWO-WAY STOP CONTROL SUMMARY ienerallnformation site Information nalvst ntersecnon ,geney/Co KLOA. Inc unsdlcbon lMount ProSDect, IL late Performed 6/2212007 ~nalysls Year l1=uture ~nalvsls TIme Paned PM Prolect DescnDoon Prooosed Deve/ooment EastlWest Street Prooosed Access Dnve t-Jorth/South Street Wolf Road ntersecbon Onentatlon North-South IStudv Penoa tnrsl 100 ehiele Volumes and Adiustments alor Street NortnDound Southbound o1lement 1 2 3 4 5 6 L T R L T R Wolume (vah/h) 487 41 13 786 lPeak-Hour Factor, PHF 095 095 095 095 095 095 Hourly Flow Rate. HFR 0 512 43 13 827 0 I vehlh) Percent Heavv VehIcles 0 - - 0 - - Median Type Two Way Left Tum Lane RT Channelized 0 0 Lanes 0 2 0 1 2 0 onflauratJon T TR L T Dstream Slanal 0 0 Inor Street Eastbound Westbound ovement 7 8 9 10 11 12 L T R L T R "olume (veh/h T 45 17 ;)eak-Hour Factor, PHF 095 095 095 095 095 095 -Iourly Flow Rate, HFR 0 0 0 47 0 17 veh/h ) Percent Heavy Vehicles 0 0 0 0 0 0 Percent Grade (%) 0 0 i:!ared Approach N N Storage 0 0 RT Channelized 0 0 anes 0 0 0 1 0 1 onflguratJon L R elav. Queue Lenath and Leve' of Service "pproach Northbound Southbound Westbound Eastbound Movement 1 4 7 8 9 10 11 12 ane Configuration L L R v (vehlh) 13 47 17 C (m) (veh/h) 1026 381 725 ,,/C 001 012 002 ~5% queue length 004 042 007 [control Delay (slveh) 86 158 101 ...OS A C B Approach Delay - -- 143 s/veh) Approach LOS - - B ti II"'. / /r. \ OOCllments and Settinlls\LABOON A \Local Settings\ T emp\u2kS SF. tmp 6/22/2007 DESPLAINES. "" AUKEGAN R/W PARCEL NO. 315 NWl/4 SEC. 25, TWP. 42N, R. 11 E OF THE THIRD PRINCIPAL MERIDIAN COOK COUNTY, ILLINOIS COMED TAX PARCEL NO. 4059.3 P.I.N. NO. 03.25-300-011 LEASE AGREEMENT BY AND BETWEEN CHICAGO TITLE LAND TRUST COMPANY, AlTIU/T/A/D APRIL 26,1963, AND KNOWN AS TRUST NO. 45553 AND GENDELL PARTNERS EUCLID & WOLF LLC CII1949 .... T ABLE OF CONTENTS TERM. . ... ... ..... ... ....... ..... ..... ....................... ........ ................ ........ ............ ... ........................ ..... ... .....1 CONTINGENCIES. ......................................... ......................... ..................................... ................2 MINIMUM RENT. ..... ........................................................ ...........................................................3 TAXES.............................................................. ....................... ................................................ ......4 NET LEASE. ............................... ......................... ......................................................................... 5 USE OF PREMISES..................... .................................................. ...................................... .........6 NO REPRESENTATIONS........... ........................ ....... ................... ................... ............................ 6 TENANT'S CONSTRUCTION; PLANS. ............ ....................... ................. ............ .....................6 COVENANTS AGAINST LIENS...... .................. ....................... ......................... ................ ......... 8 MAlNTENANCE, REMOVAL AND RESTORATION. .............................................................8 COMPLIANCE WITH LAWS; PERMITS. ........... ....................................................................... 9 NOTICES........ ..... ............. .................... ......... ......... ........................ ... ..................... ....................... 9 WAIVER; INDEMNIFICATION.............. ....... .............. .... ......................... .................................. 9 INSURANCE. ...... ................ .... ..................................... ...... .................. ......................... ..............10 CAS U AL TY. ...... ......................... ............. ........ ............. ....................... ...................................... .12 CONDEMNATION. .......... ............ ................ ................... ...... ................................... ....... ........... 13 EVENTS OF DEF A UL T. ...... ...... ....................... ...................... .................. ................................ .13 REMEDIES........ ..................... .................... ........ ..................... ................... .................... ........... ..14 LEASEHOLD MORTGAGES/SUBTENANT PROVISIONS. ..................................................16 LANDLORD'S RIGHTS TO THE PREMISES. .........................................................................18 RELOCATION OF COMED'S FACILITIES. .................. .................................. ..... ....................19 LANDLORD'S RIGHT TO GRANT EASEMENTS. .................................................................19 LANDLORD'S CORPORATE MORTGAGE. .................................................... .......................19 DE-ENERGIZING COMED'S FACILITIES......... ......................... .................... ..... .......... ..........20 ADDITIONAL RULES & REGULATIONS. ................................. ............................................20 ENVIRONMENTAL rvrA TTERS. . ..................... ................................................. .......................20 ELECTRIC AND MAGNETIC FIELDS................................. ..... ....................... ..... ................... 22 INDUCED VOLTAGE...... ......................... ............. ..................... ...............................................22 BROKER'S COMMISSIONS.............. ....... ................ ..................... ..................... ....................... 22 MErvlORANDUM OF LEASE. .. ............. .................... ........................ ................. ....... ................23 GOVERNING LAW......................... ............... ........... .............. .... ........................... .............. ...... 23 ASS IGNEMENT; SUBLEASE. ........... .......................................................... ..... ..... ...................23 DISPUTE RESOLUTION. ................................... .... ...................................................................23 QUIET ENJOYrvIENT................................................................. ......... ...................... ................. 24 SECURITY DEPOSIT....... ..... .......................................... ...........................................................24 HOLD ING 0 VER.................................. ................................................. .................... .................24 LIMITATION ON LIABIlJTY ...... ...... ..... ...... ..... ........ ........................................ ..... .................. 25 MISCELLANEOUS. ............. ........................................ ................... ............ .................... ...........25 EXHIBIT "A" SITE PLAN EXHIBIT" B" PROHIBITED USES EXHIBIT "C" CONSTRUCTION STANDARDS EXHIBIT "0" FORM OF MEMORANDUM OF LEASE 2 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") made as of the /l--!-A..day of ...:Jd 1\ e... 2007 by and between CHICAGO TITLE LAND TRUST COI\'lPANY, an Illinois corporation, not personally but solely as Tl1Istee under T11lst Agreement dated April 26, 1963, and known as Tntst No. 45553 ("Landlord"), and GENDELL PARTNERS EUCLID & WOLF, LLC, a limited liability company ("Tenant"). RECIT ALS: A. Landlord owns a parcel of land located in Wheeling Township, Cook County, Illinois consisting of approximately 6.29 acres as shown on Exhibit "A" dated April 19, 2007, attached hereto ("Landlord's Property"). B. Landlord has granted a Grant of Facilities Easement to Commonwealth Edison Company, an Illinois corporation ("CornEd"), dated , 2007, and recorded with. tfIe Cook County Recorder of Deeds on , 2007, as Document No. (the "CornEd Easement"), by which CornEd has the right, among other things, to install use, operate and maintain certain facilities 011 the Landlord's Property (collectively, as may be added to in accordance with the terms of this Lease, "Landlord's Facilities"). C. Landlord and Tenant desire to enter into a lease of a portion of Landlord's Property consisting of approximately 1.28 acres as shown on Exhibit "A" attached hereto, subject to the rights of CornEd under the CornEd Easement (the "Premises"). NOW, THEREFORE, in consideration of the foregoing, and other good and valid consideration the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant agree as follows: 1. TERM. (a) Landlord leases the Premises to Tenant, for the purpose contained in Section 6 herein, upon the terms and conditions set forth in this Lease and subject to the rights of CornEd under the CornEd Easement. This Lease shall become effective on the date of the execution hereof by Landlord (the "Effective Date"). The term (the "Term") shall commence on the Effecti ve Date and terminate on the date that is ten (10) years after the earl ier to occur of: (i) one hundred eighty (180) days after Tenant obtains building permits with respect to the Premises, (ii) the date Tenant obtains a certificnte of occupancy to operate a commercial facility on the Premises, or (iii) the date the Premises is open for business 01' twenty (20) months after the date of execution by both p811ies (the "Rent Commencement Date"). Tenant shall forward Landlord a copy of the certificate of occupancy when issued and written notice of the Rent Commencement Date. The pm1ies shall enter into a Memorandum of Lease setting forth the Rent Commencement Date as soon as it becomes known. 1 (b) Tenant shall have nine (9) option(s) to renew this Lease (each as "Renewal Term") eight (8) options for a further period of consecutive ten (10) years and a final option for a fllIther period of nine (9) years under the same tenTIS and conditions hereof, except for the amount of the Minimum Rental which shall be determined in accordance with Section 3(b) hereof; provided, however, that at the time of the exercise of each option to renew and at the commencement of each Renewal Term Tenant shall not be in default hereunder; and provided further that Tenant shall have given Landlord written notice of its intention to renew this Lease at least one hundred eighty (180) days, but no more than tluee hundred sixty-five (365) days, prior to the end of the then CUlTent term of this Lease. 2. CONTINGENCIES. (a) Tenant shall apply for and diligently pursue at Tenant's expense any and all govemmental licenses, permits, approvals or other relief required or reasonably deemed necessary or appropriate by Tenant for Tenant's intended use (the "Govemmental Approvals"). If the Govemmental Approvals are not obtained on or before one hundred eighty (180) days after the Effective Date, Tenant shall have the right to elect to extend the date for obtaining' Governmental Approvals upon payment of an additional deposit in accordance with Section 2( d) hereof, in which event the contingency date for obtaining Govemmental Approvals shall be extended for an two (2) one hundred twenty (120) day periods. Landlord shall reasonably cooperate with Tenant and, upon Tenant's request and at Tenant's expense, join in any applications for Governmental Approvals. Landlord authorizes Tenant to prepare, execute and file all necessary or appropriate applications to obtain Govemmental Approvals for Tenant's use under this Lease. Tenant shall provide Landlord with copies of all applications, appeals, licenses, permits, approvals or other relief as set forth above upon filing for or receipt of same. (b) Tenant shall have one hundred twenty (120) days from the Effective Date to complete all due diligence studies including but not limited to ordering a title search and/or survey of the Premises to determine if there are any conditions, liens, easements (other than the CornEd Easement), restrictions, encroachments, or other rights or grants which Tenant deems unsuitable or which interfere with Tenant's development use and enjoyment of the Premises and to detelmine the economic feasibility of leasing the Premises. The cost and the expense for all due diligence studies including, without limitation, any title or survey work shall be borne solely by Tenant. Tenant is permitted, at its option, to obtain within such sixty-day period, at Tenant's sole expense, satisfactory soil boring, percolation, wetlands delineation or other tests 01' reports of the Premises as are deemed appropriate by Tenant to determine the physical characteristics and conditions thereof. Any such tests or reports shall indicate, to Tenant's satisfaction, that the Premises is suitable for Tenant's use. (c) Within forty-five (45) days after the Effective Date, Tenant shall cause an independent testing agency reasonably acceptable to Landlord to perform a Phase One environmental site assessment (the "Environmental Site Assessment") of the Premises addressed to Landlord, CornEd and Tenant, at Tenant's sole cost and expense, in order to determine if there 2 first day of the-month, the first Lease Year shall include the partial month in which the Rent Commencement Date occurs, and the twelve month period beginning on the first day of the month immediately following the Rent Commencement Date. All Minimum Rent, additional rent and other charges (collectively, the "Rent") are to be paid to Landlord at the office of Commonwealth Edison Company, Real Estate & Facilities, Three Lincoln Centre, 41h Floor, Oakbrook TelTace, Illinois 60181, or at sllch other place as Landlord may from time to time designate in a notice to Tenant. (b) The Minimum Rent shall increase beginning with the 111h Lease Year, twenty-first (21 SI) Lease Year, thirty-first (31st) Lease Year, forty-first (4151) Lease Year, fifty-fit'st (S 1 SI) Lease Year, sixty-first (6151) Lease Year, seventy-first (7151) tease Year, eighty-first (81S1) Lease Year and the ninety-first (9151) Lease year as provided below: LEASE YEAR. MINIMUM RENT In the event that the survey obtained by Tenant indicates a square footage that is more or less than that set f0l1h in Recital C of this Lease, then the Minimum Rent shall be adjusted to reflect the actual square footages determined by such survey. 4. TAXES. (a) In the event the Premises is not currently taxed as a separate tax parcel, Landlord shall petition the appropriate governmental authorities to cause the Premises to be taxed as a separate tax parcel for property tax purposes. Tenant shall reimburse Landlord within thirty (30) days after receipt of Landlord's invoice therefore, for the actual costs incurred in obtaining such property tax decision, including a land survey, legal description and acreage calculation. (b) Pl'ior to the Premises being taxed as a separate tax parcel, commencing on the Rent Commencement Date, Tenant shall pay to Landlord as additional rent, within thirty (30) days after the receipt of a statement therefor, T~nant's prop0l1ionate share of Taxes for the land comprising the Premises, as hereinafter defined, calculated by multiplying the property taxes for the tax parcel(s) of which the Premises are a part (exClusive of any taxes on the improvements other than Tenant Improvements) by a fraction, the numerator of which is the square footage of 4 are any Hazardous Materials (as hereinafter defined) thereon. Tenant shall promptly deliver a copy of the Environmental Site Assessment to Landlord and CornEd upon receipt thereof by Tenant. If the Environmental Site Assessment indicates that Hazardous Materials in excess of legal limits are present on the Premises, Landlord or Tenant shall be entitled to terminate this Lease by written notice to the other within ten (10) days after the Environmental Site Assessment has been delivered to Landlord and CornEd (the "Environmental Termination Notice"), provided that with thirty (30) days after receipt of the Environmental Termination Notice, either party (the "Notifying Party") shall have ttie right to void the Environmental Termination Notice by written notice to the other party setting forth the Notifying Party's agreement to remediate the Hazardous Materials to the extent required by law. If the Lease is terminated by Landlord as above- mentioned, then Landlord shall pay the cost of the Environmental Site Assessment up to $5,000. (d) Tenant shall upon the execution hereof pay to Landlord a nonrefundable deposit of Five Thousand Dollars ($5,000.00) (the "Initial Deposit"). If Tenant elects to extend the time for obtaining Governmental Approvals in accordance with Section 2(a) hereof, Tenant shall deposit with Landlord an additional sum of Five Thousand Dollars ($5,000.00) (the "Deposit") for each increase of the Govemmental Approval Period. On or before three hundred and sixty-five (365) days after the Effective Date, Landlord 4 shall obtain and record a release of the "Mortgage" (as hereinafter defined) with respect to the Premises, excepting that the Mortgage shall retain a lien in and to the CornEd Easement. (e) If any of the contingencies of this Section 2 is not satisfied within any applicable time period as may be provided, or expressly waived by Tenant in writing, Tenant shall have the right, without obligation. as Tenant's sole and exclusive remedy. to terminate this Lease within ten (10) business days after the expiration of the applicable contingency date. If Tenant ele.cts to terminate this Lease, Tenant shall restore the Premises as nearly as reasonably possible to its condition as existed prior to the Tenant performing due diligence thereon and Tenant shall deliver to Landlord all surveys, plans, studies. tests and approvals obtained by Tenant. Thereafter, all deposit monies (less the Initial Deposit which shall be retained by Landlord) shall be refunded to Tenant, without the payment of any interest thereon, and this Lease shall become null and void. If Tenant fails to give such notice of termination, the contingency shall be deemed waived and this Lease shall remain in effect. 3. MINIMUM RENT. (a) Commencing upon the Rent Commencement Date and on the first day of each calendar month thereafter through and including the first ten (10) years (as hereinafter defined), Tenant shall pay to Landlord minimum t'ent payable without demand or setoff in MIIRI mnnthlv installments of . ("Minimum Rent"). If the Rent Commencement Date or the last day of the Tetm occurs on a date that is other than the first or last day of a month, the Rent for thM month shall be prorated on a per diem basis. For purposes hereof. a "Lease Year" shall mean each successive twelve (12) month period during the Term, provided that if the Rent Commencement Date is other than the 3 , . land in the Premises, and the denominator of which is the square footage of land comprising the tax pareel(s) of which the Premises are a part, plus, all Taxes allocable to Tenant's Improvements. Tenant shall in no event be liable for any taxes on improvements except for Tenant Improvements. At least once every calendar year, Landlord shall issue a statement showing actual property taxes paid by Landlord and a calculation of Tenant's share. (c) After the Premises becomes a separate tax parcel, commencing on the Rent Commencement Date, Tenant shall pay all Taxes to Landlord no later than thirty (30) days after submission to Tenant of an invoice from Landlord which indicates the amount of Taxes due and payable by Tenant. Within ten (10) business days after a written request therefore, Landlord shall deliver a paid tax receipt to Tenant. (d) "Taxes" include all taxes levied or assessed against real estate, land and improvements comprising the Premises and Tenant's personal propel1y located on the Premises and all federal, state or local realty transfer taxes, business llse and occupancy taxes or other tax levied or assessed as a result of this Lease. Tenant shall not be obligated to pay any taxes assessed against Landlord's income or profit as a result of this Lease. For the purposes of this Lease, Taxes "for" any particular period shall mean Taxes that accrue with respect to such period, hTespective of the fact that such Taxes may be due and payable within a different period. . T-enant's obligations under this paragraph 4 shall survive the termination of this Lease. (e) Upon written notice from Landlord, Tenant shall pay to Landlord an amollnt equal to Landlord's estimate of Taxes for the then calendar year as set forth in such notice in equal monthly installments payable on the first day of each month, which sums shall be applied to the payment of Taxes. Landlord shall deliver to Tenant, as soon as practicable following the end of each calendar year, a statement of the actual amount of Taxes paid by Landlord, and within thhty (30) days of mailing of the statement, Landlord or Tenant, as the case may be, shall pay to the other the amount of any deficiency or overpayment then due from one to the other. In lieu thereof. at Landlord's option and upon written notice thereof to Tenant, Landlord may credit Tenant's account for any overpayment, except in the final year of this telm, at which time Landlord shall be required to refund any overpayment made by Tenant. It at any=time during the Term or any Renewal Term, Landlord determines its then CUlTent estimate of Taxes is inaccurate, Landlord, at its option, may adjust the monthly installments of Taxes payable by Tenant to account for such change in Landlord's estimate. Taxes shall not include penalties or interest, which may be imposed upon Landlord for Landlord's delinquent payment of Taxes. From and after the date the Premises becomes a separate tax parcel, Tenant shall have the right to contest Taxes in respect to the Premises at Tenant's sole cost and expense. and Landlord shall execute such petitions and other docllments as may be necessary to facilitate such contest 5. NET LEASE. (a) Except as otherwise provided in this Lease, the Rent herein shall be absolutely net to Landlord, so that this Lease shall yield, net to Landlord, sllch rents in each year during the Term of this Lease and any renewals thereof, and that all costs, expenses and obligations of every 5 kind and nature whatsoever, relating to the Premises which may arise or become due during the Term of this Lease or any renewal or extension thereof, or as a result of Tenant's occupancy, shall be paid by Tenant. (b) In no event shall Landlord be required or obligated to furnish any service or facilities or to make any repairs to Tenant's Improvements in or to the Premises, or to comply with any notices from the constituted authorities. Tenant shall pay all charges for utilities, if any, consumed by Tenant on the Premises. Landlord is not responsible for providing utility facilities or services to Tenant in its capacity as Landlord. (c) From and after the Rent Commencement Date, Tenant assumes all of the responsibilities normally identified with the ownership of the Premises, including, but not limited to, responsibility for the condition of the Premises, such as the operation, repair, replacement, maintenance and management of the Premises, including, without limitation, repairs to "Tenant's Improvements" (as hereinafter defined) provided, that in no event shall Tenant be responsible in any way for or respecting CornEd's Facilities, except to the extent the same may be damaged by Tenant's negligence or willful misconduct. 6'. USE OF PREMISES. Tenant may use the Premises, subject to CornEd's rights under the CornEd Easement, for the constlUction and operation of any lawful commercial or retail facility, provided, however, the lIses described on Exhibit "B" shall be prohibited. 7. NO REPRESENTATIONS. Landlord leases the Premises to Tenant in its present condition AS IS, WHERE IS WITH ALL FAULTS, without any representations on the palt of the Landlord, its officers, employees, servants and/or agents. Landlord is not responsible for any of the Tenant's Improvements permitted upon the Premises. Tenant acknowledges that neither Landlord, nor any agent of Landlord, has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for Tenant's intended lise, except as expressly provided herein. Tenant acknowledges that no one made any agreement on behalf of Landlord to make any Tenant's Improvements, repairs or improvements in or to the Premises. By accepting possession of the Premises, Tenant shall be conclusively presumed to have accepted the condition thereof and to have unconditionally waived any and all claims whatsoever related to the condition of the Premises. 8. TENANT'S CONSTRUCTION: PLANS. (a) Tenant shall submit for Landlord's review and approval six (6) copies of detailed drawings (plan and profile) to Landlord's Real Estate & Facilities Depa11ment showing all proposed alterations or improvements (including initial or subsequently proposed alterations or improvements), including all proposed grading (including existing grading), paving. drainage facilities, landscaping, or other proposed alterations or improvements, to be constl1lcted on the Premises as Tenant's Improvements ("Tenant's Improvements") to determine whether such 6 l ' Tenant's Improvements and improvements are in compliance with this Lease and with Landlord's construction standards, copies of which are attached as Exhibit "C" (or any revision thereof or successor standard) and National Electric Safety Code Standards collectively, the "Review Criteria"). Tenant shall not be obligated to submit such plans to Landlord in a single, completed submission. and Tenant may submit progress drawings and drawings for separate phases or trades from time to time. Landlord reserves the right to decline to review drawings submitted without the required infOlmation. Landlord will use commercially reasonable efforts to complete its review of Tenant's drawings within thirty (30) days of receipt thereof. If Landlord has not completed its review of Tenant's drawings during such 30-day period, Tenant may notify Landlord that Landlord has ten (10) additional days to complete its review (the "Plan Reminder Notice"). If Landlord has not completed its review of Tenant's drawings and notified Tenant within such lO-day period, then all time periods under this Lease, such as the end of the Pennit Period and Rent Commencement Date, shall be extended by the number of days between the date on which Tenant gives the Plan Reminder Notice and the date on which such plans are approved by Landlord. If the drawings are disapproved Landlord shall give written notice of the reasons for such disapproval with specificity, and Tenant shall thereafter have an additional thirty (30) days to revise its drawings in accordance with Landlord's comments with which Tenant agrees, and the parties shall thereafter continue to work in good faith to achieve drawings acceptable to both parties. TENANT SHALL NOT COMMENCE ANY TENANT'S IMPROVEMENTS OR . THE CONSTRUCTION OR INSTALLATION OF TENANT'S IMPROVEMENTS UPON THE PREMISES INITIALLY OR AT ANY FUTURE TIME UNTIL TENANT HAS RECEIVED WRITTEN APPROVAL FROM LANDLORD OF TENANT'S DRAWINGS. Notwithstanding anything herein to the contrary, Landlord's review and approval is limited solely to the Review Criteria, and Landlord shall have no right to object to or interfere with the constl1.1ction of any pOltion of Tenant's Improvements for which Landlord's approval is not required. In addition, Landlord approves the physical location of the building and improvements set forth on the site plan attached hereto as Exhibit "A". and Landlord may not object to the physical location of any building and improvements shown on any subsequent plans if such building and improvements are in substantially the same location as shown on Exhibit "AU. (b) Tenant shall notify Landlord immediately upon the completion of any approved Tenant Improvements in order that a final inspection can be made by Landlord to insure compliance with plans approved by Landlord. Subsequently, but not later than three (3) months after completion, Tenant shall submit to Landlord for its written approval three (3) copies of "as built" drawings showing all Tenant's Improvements upon the Premises. (c) Tenant shall cause all work to be done in a good and workmanlike manner and in accordance with the approved plans, drawings and specifications and shall cause any and all costs and charges in cOlmection therewith to be paid. In causing the work to be done. Tenant is not acting as the agent of Landlord but causing the same to be made for Tenant's own use of the Premises . (d) Nothing contained in this Lease is intended to limit or shall limit Landlord's right to impose on Tenant any further reasonable conditions, in addition to those contained in this Lease, regarding the type and amount and manner of constnlction and use of Tenant's 7 Improvements, provided such additional conditions do not unreasonably or materially interfere with Tenant's use of the Premises or unreasonably or materially add to the cost of Tenant's Improvements. (e) If it is deemed necessary by Landlord, in Landlord's reasonable discretion, to take precautionary measures such as, but not limited to, relocating ComEd's Facilities, supplying safety inspectors to insure that any work perfol1ned by Tenant is done in a safe and proper manner, de-energizing conductors or gas lines, or erecting balTicades due to the installation, constmction, renewal, removal, or maintenance of Tenant's Improvements, Landlord shall so notify Tenant at the time LandlOl'd reviews Tenant's plan pll1'suant to Section 8(a) of the nature of the measures to be taken and the estimated cost thereof the ("Landlord's Required Work") and Tenant shall, within ten (10) business days after the due date of Landlord's billing, pay for any measures taken by Landlord on a cost plus overhead basis, it being understood and agreed that thi& shall, in no way, relieve Tenant from any liability in cOlUlection with this Lease. Tenant may submit a revised plan designed to minimize or eliminate the need for such precautionary measures after receipt of Landlord's approval of the plan with the required precautionary measures. 9', COVENANTS AGAINST LIENS. Tenant hereby covenants and agrees that it will not cause or permit any lien (including, without limitation, any mechanic's lien, but excluding leasehold mortgages) or claim for lien to be asserted against the Premises or any interest therein, whether such lien or claim for lien results from or arises out of any act or omission of Tenant or its employees, agents, consultants, representatives. contractors. subcontractors or materialmen, but shall not be responsible for any lien caused by Landlord, its employees, agents. consultants, representatives, contractors, subcontractors or materialmen, III the event any such lien or claim for lien is filed, Tenant will either pay such lien and release the same within thirty (30) days after Tenant receives notice thereof from Landlord, or contest the validity of same, provided that in the event of such contest, Tenant shall post with Landlord a bond, a title insurance company indemnity or other security reasonably acceptable to Landlord. In the event such lien 01' claim of lien is not released or contested as aforesaid, Landlord, at its sole option and in addition to any of its other rights and remedies. may take any and all action necessary to release and remove such lien 01' claim of lien (it being agt'eed by Tenant that Landlord shall have no duty to investigate the validity thereof), and Tenant shall promptly upon notice thereof reimburse Landlord for all sums, costs and expenses, including COlut costs and reasonable attorneys' fees and expenses, incurred by Landlord in connection with such lien or claim of lien, Tenant agrees to inderrmify, defend with counsel acceptable to Landlord and hold h81mless Landlord from and against any and all liens or claims for lien arising out of or in any way connected with Tenant's lIse and occupancy of the Premises. 10. MAINTENANCE. REMOVAL AND RESTORATION. At Tenant's sole cost and expense, Tenant shall keep and maintain the Premises , and all improvements located thereon (other than COInEd's Facilities), in good order and repair, including any necessary paving, grading, landscaping, mowing of grass and weeds and removal of all ice and snow and shall 8 , . deliver up the Premises in good order and repair at the end of the Term or any renewal hereof or sooner termination. Tenant's Improvements shall not be removed by Tenant at the expiration or sooner termination of this Lease. at which time, title to Tenant's Improvements shall pass to Landlord, unless Landlord shall give written notice to Tenant to remove all or patt of Tenant's Improvements, in which event Tenant shall remove those designated Tenant's Improvements and restore any damage caused by the installation or removal of such Tenant's Improvements. Although Tenant agrees that no instillment is required to effectuate such transfer, Tenant agrees to execute any instmment reasonably requested by Landlord to evidence such transfer of title. Should Tenant fail to remove Tenant's personal propelty. Landlord shall have the right to do so at the sole cost and expense of Tenant, which cost and expense shall be payable upon demand. 11. COMPLIANCE WITH LAWS: PERMITS. Tenant shall comply with all requirements of any of the constituted public amhorities, and with the provisions of any state or federal statue or local ordinance or regulation, including the National Electrical Safety Code, applicable to Tenant or its use of the Premises, and shall save Landlord harmless from penalties, fines. costs, attorneys' fees or damages resulting from failure to do so. This Lease and all the terms, covenants and conditions hereof are in all respects subject and subordinate to all zoning laws and . ordinances affecting the Premises as modified by the Governmental Approvals. Tenant agrees to be bound by the same. Landlord does not represent or warrant that any licenses, permits, zoning variances or approvals which may be required for Tenant's use of the Premises will be granted. Tenant shall immediately provide Landlord with written notice: (i) upon Tenant's obtaining knowledge of any potential or known violations of any legal requirement relating to the Premises, and/or (ii) of Tenant's receipt of any notice, con-espondence, demand or communication of any nature from any governmental authority related to any alleged or actual violation of any legal requirements relating to the Premises. 12. NOTICES. All notices given by either party to the other shall be in writing and deemed to have been properly given when such notice is delivered (i) by telecopy, (ii) by same day or ovemight commercial delivery service or (iii) by deposit in the United States mail in a postage paid return receipt requested certified envelope addressed to the other patty at its address, which the patties agree shall be (in the case of service upon Landlord): clo Commonwealth Edison Company, Real Estate and Facilities, Three Lincoln Centre, Oakbrook Terrace, Illinois 60181, and (in the case of service upon Tenant: 8707 Skokie Boulevard, Suite 230, Skokie, Illinois 60077. Either party may change its address for service by giving notice of the new address to the other patty. Notices shall be effective upon receipt 01' when delivery is refused on a normal business day. 13. WAIVER: INDEMNIFICATION. 9 . f (a) To the maximum extent pennitted by law, Tenant agrees to protect, indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless Landlord, COInEd, and Exelon Corporation, and their respective beneficiaries, parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all losses, costs, damages, liabilities, expenses (including, without limitation, reasonable attorneys' fees) and/or injuries (including, without limitation, damage to property and/or personal injuries) suffered or incurred by any of the Indemnified Parties (regardless of whether contingent, direct, consequential, liquidated or unliquidated) (collectively, "Losses"), and any and all claims, demands, suits and C~lllses of action brought or raised against any of the Indemnified Parties (collectively, "Claims"), arising out of, resulting from, relating to or connected with: (i) any negligent or willful act or omission of Tenant or its officers, directors, shareholders, employees, representatives, agents, contractors, licensees, lessees, guests, invitees, successors and assigns (collectively, "Tenant Parties") at, 011 or about the Premises, and/or (ii) any breach or violation of this Lease on the pal1 of Tenant, and notwithstanding anything to the contrary in this Lease, such obligation to indemnify, defend and hold harmless the Indenmified P811ies shall survive any telmination of this Lease; provided, that the foregoing indemnity shall not apply to any Losses or Claims to the extent the same result from the intentional misconduct of the Indemnified Parties. (b) Any entry onto the Premises by Tenant Parties (to the extent permitted hereunder) shall be at such parties' sole risk, and Landlord makes (and has heretofore made) no representations or warranties of any kind whatsoever regarding the Premises 01' the condition of the Premises (including, without limitation, the environmental condition. thereof). Tenant and its employees, agents and contractors, to the fullest extent permitted under applicable legal requirements, hereby waive any and all claims, demands, suits and causes of action against the IndellUlified Pal1ies, and fully and forever release the Indemnified Parties, for any loss, cost, damage, liability or expense (including, without limitation attorneys' fees) suffered or incurred by Tenant Pal1ies in connection with any entry onto the Premises pursuant to this Lease, except, in each case, to the extent caused by the willful misconduct of any Indemnified Party. To the fullest extent permitted by law, without limiting the generality of the foregoing, in no event shall any of the IndellUlified Pat1ies be responsible or liable for any loss, damage, destruction, theft or misappropriation of any of the property of Tenant Parties, except for their willful misconduct. This Section will survive termination or expiration of the Lease. 14. INSURANCE. (a) Before commencing any work on the Premises until the completion of sllch work, Tenant shall require its contractors to purchase and maintain, 01" at the option of Tenant to itself purchase and maintain, at the cost of Tenant or its contractors, a policy or policies of insurance issued by insmance companies authorized to do business in the State of Illinois and in a form satisfactory to Landlord as follows: 10 , . (i) Workers' Compensation Insurance with statutory limits, as required by the state in which the Premises is located, and employers' liability insurance with limits not less than One Million and Nol100 Dollars ($1,000,000.00) each accident/occulTence. (ii) Comprehensive General Liability Policy or Policies (with coverage consistent with ISO CG 0001 (10/98)) covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of Four Million and Noll 00 Dollars ($4,000,000.00) for bodily injUl'ies to or death of one (1) or more persons andlor property damage sustained by one (1) or more organizations as a result of anyone (1) OCCUl1'enCe, which policy or policies shall not exclude property of Landlord. Landlord shall be added as an Additional Insured using ISO CG 2026 (11185), or its equivalent. (Hi) Builders Risk Insurance on the Premises during construction of Tenant's Improvements in amounts equal to the replacement cost of such Tenant's Improvements (b) Tenant will, in any event, provide and maintain as of the Effective Date; (i) Commercial General Liability Insurance with limits of not less than the' combined single limit of Four Million and NollOO Dollars ($4,000,000.00) for bodily injuries to or death of one or more persons andlor property damage sustained by one or more organizations as a result of anyone OCCUll'ence, and shall include blanket contractual coverage and standard liability provisions. (ii) Automobile Liability in an amount of not less than $1,000,000 per OCCUl1'enCe combined single limit for bodily injury and property damage, covering all owned, leased, rented or non-owned vehicles, which shall include automobile contractual liability coverage. (iii) Tenant may substitute lower limits for any of the policies listed above, provided that Tenant maintains an umbrella or excess liability policy or policies which provide a total minimum limit of $1,000,000.00 for automobile liability and $4,000,000.00 for general liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies, (iv) All-Risk Property Insurance on the Premises and on Tenant's Improvements, excluding the contents of any building and building improvements owned by any subtenant of Tenant to the extent that such buildings 01' building improvements are insured by sllch subtenant of Tenant from and after the date of substantial completion of the Tenant Improvements. The amount of the insurance shall not be less than (i) one hundred percent (100%) of the then actual replacement cost, excluding costs of replacing excavations and foundations, (the "Full Insurable Value"); and (ii) the amount of insurance Tenant is required to maintain pursuant to any Leasehold Mortgage, as hereinafter defined (if any); and (iii) Tenant or its subtenant to be named as loss payee as their interest may appear and providing all standard coverages; and (iv) if applicable, such policy shall provide, for any loss to be payable to any Leasehold Mortgagee, as 11 . , hereinafter defined, as its interest may appear pursuant to a standard mortgage endorsement. Prior to substantial completion of the Tenant Improvements, Landlord shall C3lTY builders' risk insurance. (c) Landlord and CornEd shall be named as an additional insured with respect to Tenant's commercial general liability inslll'ance only. The insurance required in Paragraphs 14 (a) and 14 (b) above shall be primary insurance for all purposes and provide for a waiver of all rights of subrogation to the extent of such insurance coverage. Certificates of insurance shall be delivered to Landlord and CornEd within ten (10) days after the signing of this Lease in the case of general liability insurance, and prior to commencement of constlUction of Tenant's Improvements in the case of builders' risk insurance, together with a certification of the insurance company or companies that the commercial general liability policies shall not be canceled or suspended by the insurance company or companies without ten (10) days prior written notice from the insurance company or companies to Landlord. Thereafter, duplicate policies or ce11ificates of insurance shall be delivered to Landlord at least ten (10) days prior to the expiration of the then CUlTent policy or policies of insurance. The amount of commercial general liability inslll'ance may be revised by Landlord in a manner that is commercially reasonable for similar propel1ies at such time from time to time by giving notice thereof to . 1enant, but not more frequently than once every ten (10) years. (d) Upon Tenant's failure to provide and maintain the commercial general liability insurance referenced above, Landlord shall have the right, but not the obligation, to purchase the insurance or any palt thereof, and the cost of the insurance shall become due and payable and shall be collectable by the Landlord in the same manner as herein provided for the collection of other charges not paid by Tenant. 15. CASUALTY. In the event of any damage to or destmction of the Premises, by fire or other casualty, Tenant, subject to any m011gagee's consent, will promptly and diligently, at its sole cost and expense, either repair, restore. rebuild and replace the Premises (and all improvements, fixtures, equipment and property thereon) as nearly as possible to the condition they were in immediately prior to such damage or destmction, or demolish the Tenant Improvements and restore the Premises to the condition existing prior to installation of the Tenant Improvements. Demolition of Tenant's Improvements does not relieve Tenant of any rent obligations. Any such work shall be done in a mmmer satisfactory to Landlord, and in accordance with all legal requirements and the telms and provisions of this Lease including the obligation to obtain builder's risk insurance. Landlord shall not be liable or responsible for any loss or damage caused to any buildings, stmctures, improvements, fixtures, equipment or other propelty of Tenant (including, without limitation, any such loss 01' damage caused by fire, vandalism or other casualty) at any time during the Teno hereof, unless caused by the Landlord and not covered by the insurance required to be carried by Tenant pursuant hereto. The work shall be commenced promptly and diligently. The net amount of any insurance proceeds recovered by reason of the damage or destruction of the Premises shall be applied toward the cost of the restoration 01' demotion, as applicable. If such insurance proceeds are inadequate to 12 . complete the restoration, Tenant may terminate his Lease by written notice to Landlord specifying a termination date no less than thirty (30) days after receipt. If the insurance proceeds are more than adequate, the amount by which the net insurance proceeds exceed the cost of restoration may be retained by Tenant or applied to repayment of a mortgage secured by Tenant's leasehold. Landlord may prevent such termination by agreeing to pay the cost of restoration in excess of the insurance proceeds by written notice to Tenant within thirty (30) days after receipt of the notice of termination. Anything contained in this Lease to the contrary notwithstanding, in the event that a fire or other casualty occurs during the last two (2) Lease Years of this Lease, Tenant shall have the right to raze the Tenant hnprovements that were damaged and not be required to restore such Tenant Improvements. 16. CONDEMNATION. If all of the Premises is taken by right of eminent domain, for public or quasi-public use, or if a partial taking effectively prevents the use of or has a material adverse impact on the Premises for its intended use, in Tenant's reasonable judgment, then this Lease shall terminate as of the date possession is required by the condemning authority and all unearned rent and prepaid charges, if any, shall be refunded to the Tenant and Tenant shall stm'ender possession of the Premises to Landlord. In the event of a partial taking where Tenant has not elected to tellninate this Lease, this Lease shall continue in full force and effect upon the same terms and conditions hereof. Tenant shall not be entitled to share in any condemnation award for Landlord's fee interest in the Premises Tenant shall be entitled to seek and obtain damages or awards for the leasehold or "bonus" value of this Lease, relocation or moving expenses and all other awards for losses provable by Tenant. Landlord shall have the right to seek and obtain any damages or award for the value of the real estate and any reversionary interest thereto. 17. EVENTS OF DEFAULT. It shall be an Event of Default ("Event of Default") underthis Lease if Tenant: (a) fails to pay, within ten (10) days after notice that any payment hereunder is due any payment required to pay under this Lease to Landlord or any other person or entity (provided Landlord shall not be required to give such notice more than twice in any calendar year); (b) upon thi11y (30) days' written notice by Landlord, fails to cure a non-monetary default by Tenant under the terms, conditions, and provisions of this Lease; provided that, if the default is of such a nature that it cannot reasonably be cured within thirty (30) days and Tenant has commenced curative action within such thh1y (30) day period and is diligently prosecuting such cure, no Event of Default shall be deemed to have OCCUlTed; (c) abandons the Premises without having first paid Landlord in full all Minimum Rent, additional rent and other charges that may have become due as well as all which will become due thereafter, provided that if Tenant ceases operating any business on the Premises, but 13 ~ is otherwise complying with the tel1115 hereof. Tenant shall not be deemed to be in default hereunder; or (d) becomes insolvent or bankl1lpt or makes an assignment for the benefit of creditors or if a petition in bankruptcy or for reorganization or for an an'angement with creditors under any federal or state laws is filed by or against Tenant, or a bill in equity or other proceedings for the appointment of a receiver, tl11stee, liquidator, custodian, conservator or similar official for any of Tenant's assets is commenced and, in the case of an involuntary proceeding against Tenant, the same is not stayed or discharged within sixty (60) days. 18. REMEDIES. .(a) Following an Event of Default, Landlord shall have the following rights: Charge a late payment fee of five percent (5%) of any amount owed to Landlord pursuant to this Lease which is not paid within five (5) days of the date which is set forth in the Lease if a date is. specified, or, if a date is not specified, within thirty (30) days of the mailing of a bill therefor by Landlord. If Landlord incurs a penalty in connection with any payment which Tenant has failed to make within the times required in this Lease, Tenant shall pay Landlord, in addition to such . SLIms, the full amount of such penalty incuned by Landlord. (i) At its option, at once, without notice to Tenant or to any person, terminate this Lease and at its option, require payment in full of the Minimum Rent and Landlord's reasonable estimate of additional rent (including Taxes) and other amounts, including without limitation the cost to relet the Premises, otherwise payable hereunder by Tenant (all amounts required to be paid hereunder by Tenant are hereinafter collectively refen'ed to as "Rent"), for the unexpired term of the Lease and discounted to present value at a discount rate equal to 2% Qg alIDum. Interest at the rate of three percent (3%) per annum over the prime rate interest announced from time to time by Citibank ("Default Rate") shall accrue on all sums due but unpaid hereunder. (ii) Terminate this Lease and the term hereby created without any right on the part of Tenant to waive the forfeiture by payment of any sum due or by other performance of any condition, term or covenant broken, whereupon Landlord shall be entitled to recover, in addition to any and all sUlns and damages for violation of Tenant's obligations hereunder in existence at the time of such termination, damages for Tenant's default. (iii) Enter into the Premises, and remove Tenant's prope11y and effects therefrom, and/or take and hold possession thereof, without such entry and/or possession tetminating this Lease or releasing Tenant in whole or in palt from Tenant's obligations to pay Rent and perfOlm all its other obligations hereunder for the full Term, and to relet the Premises or any part or parts thereof, either in the name of for the account of Landlord or Tenant, for such rent and for such term and terms as Landlord may see fit. which term may at Landlord's option extend beyond the balance of the Term of this Lease. Except to the extent required under applicable law, Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by the Tenant about such 14 reletting. In any case, Landlord may make such repairs, Tenant's Improvements and additions in or to the Premises as it sees fit. Tenant shall pay Landlord any deficiency between the Rent hereby reserved and covenanted to be paid and the net amollnt of the rents collected on such reletting, for the balance of the Term of this Lease, as well as any expenses inclllTed by Landlord in such reletting, including, but not limited to attomey's fees, broker fees, the expenses of repairing, altering the Premises, and otherwise preparing the same for re-rental. All such costs, other than the rental, shall be paid by Tenant upon demand by Landlord. Any deficiency in rental amounts shall be paid in monthly installments, upon statements rendered by Landlord to Tenant, unless Landlord has declared the entire Rent for the balance of the Term due, as elsewhere in this Lease provided. Any suit brought to collect the amount of the deficiency for anyone or more months' Rent shall not preclude any subsequent suit or suits to collect the deficiency for any subsequent month's Rent; (iv) Require that upon any termination of this Lease, whether by lapse of time, the exercise of any option by Landlord to terminate the Lease, or in any other manner whatsoever, or upon any telmination of Tenant's right to possession without termination of this Lease, the Tenant shall at once surrender possession of the Premises to the . Landlord and immediately vacate the same and remove all effects therefrom, except such as may not be removed under other provisions of this Lease. If Tenant fails to do so, Landlord may forthwith re-enter the Premises, with process of law, and repossess itself thereof as in its former estate and expel and remove Tenant and any other persons and property therefrom, using such force as may be necessary without being deemed guilty of trespass, eviction 01' forcible entry, without thereby waiving Landlord's rights to Rent or any other rights given Landlord under this Lease or at law or in equity; (v) Remove, at its option if the Tenant shall not remove all effects from the Premises, any or all of such effects in any manner that Landlord shall choose and store the same without liability for loss thereof, and Tenant will pay Landlord. upon demand, any and all expenses inClined in such removal and also storage of such effects for any length of time during which the same shall be in Landlord's possession or in storage, or Landlord may at its option. without, notice sell any or all of said effects in such manner and for such price as the Landlord may deem best and apply the proceeds of such sale upon any amounts due under this Lease from the Tenant to Landlord, including the expenses of removal and sale; (vi) Collect from Tenant any other loss 01' damage Landlord may sustain by reason of any breach (including, without limitation, the unam011ized portion of any brokerage fee or commission paid by or on behalf of Landlord to any broker or finder with respect to this Lease) and any diminished value of the Premises resulting from such breach; (vii) In the event of a breach or threatened breach by Tenant of any of the covenants or provisions of this Lease, have the right to enjoin any such breach or threatened breach; and/or 15 (viii) Take any and all con-ective actions Landlord deems necessary or appropriate to cure the default of Tenant in question and charge the cost thereof to Tenant, together with interest at the Default Rate. (b) Except as specifically provided in this Section, Tenant expressly waives the service of any notice of intention to terminate this Lease or to terminate Tenant's right of possession of the Premises 01' to re-enter the Premises and waives the service of any demand for payment of Rent or for possession and waives the service of any and every other notice or demand prescribed by any statute, law or ordinance and agrees that the simple breach of any of the covenants of this Lease (beyond any applicable notice and cure periods) shall, of itself, without the service of any additional notice or demand whatsoever, at Landlord's optIon, constitute a default on the part of Tenant. No receipt of monies by the Landlord from or for the account of Tenant or from anyone in possession or occupancy of the Premises after telmination in any w~y of this Lease or after the giving of any notice, shall reinstate. constitute or extend the term of this Lease or affect any notice given to the Tenant prior to the receipt of such money, it being agreed that after the service of notice of the commencement of a suit, or after final judgment for possession of the Premises, Landlord may receive and collect any Rent or other amollnts due Landlord and such payment not waive or affect said notice, said suit, or said j~dgment. (c) Any and all rights and remedies which landlord may have under this Lease at law or in equity, shall be cumulative and shall not be deemed inconsistent with each other. and any two or more or all of said rights and remedies may be exercised at the same time or at different times and from time to time. (d) The failure of Landlord to enforce rights under this Lease on one or numerolls occasions shall not affect the Landlord's ability to enforce that right on any subsequent occasion or occasions. (e) Upon the occurrence of an Event of Default or any breach or default under this Lease by Tenant, Tenant shall be liable for and shall reimburse Landlord upon demand for all costs and expenses incml'ed by Landlord as a result of such breach, including without limitation, reasonable attomey's fees and costs incuned by Landlord in enforcing Tenant's obligations under this Lease, whether or not Landlord files legal proceedings in connection therewith. (f) AllY rights and obligations created under or by this Section shall survive tennination or expiration of this Lease. 19. LEASEHOLD MORTGAGES/SUBTENANT PROVISIONS. (a) If Landlord shall become entitled to terminate this lease upon the OCCUlTence of an Event of Default. Landlord shall, before terminating this Lease, give to the holder whose name and address has been furnished to Landlord (the "Leasehold Mortgagee") of any instrument creating a lien on or security interest in Tenant's interest under this Lease (a "Leasehold 16 MOltgagetl) written notice that such specified Event of Default remains unremedied and that Landlord is entitled to terminate this Lease, and sllch Leasehold MOltgagee shall have the right to remedy any Event of Default under Section 18(a) within a period of fifteen (15) days after the service of such notice for a payment default and any other Event of Default within a period of thilty (30) days after the service of such notice, or such longer period of time as has been allowed to Tenant pursuant to this Lease. In the case of an Event of Default (other than an Event of Default of the character specified in Section 18(a)) if, within thirty (30) days after the notice refelTed to above in this Section 19(a) is given by Landlord to the Leasehold Mortgagee, the Leasehold Mortgagee shall: (i) notify Landlord of its election to proceed with due diligence promptly to acquire possession of the Premises or to foreclose its Leasehold Mortgage or otherwise to extinguish Tenant's interest in this Lease; (ii) deliver to Landlord a written instrument wherein such Leasehold Mortgagee agrees that: (a) during the period that such leasehold Mortgagee or a receiver of rents and profits appointed upon application of Stich leasehold Mortgagee shall be in possession of the Premises . and/or during the pendency of any sllch foreclosure or other proceedings and until the interest of Tenant under this Lease shall terminate, as the case may be, it will payor cause to be paid to Landlord all sums from time to time becoming due under this Lease as additional rent; and (b) if delivery of possession of the Premises shall be made to such Leasehold Mortgagee, to its nominee, or sllch receiver, whether voluntarily or pursuant to any foreclosure 01' other proceedings or otherwise, such Leasehold MOltgagee shall, promptly following such delivery of possession, perform or cause such nominee to perform, as the case may be, sllch of the covenants and agreements herein contained on Tenant's part to be perfOlmed as Tenant shall have failed to perfOlm to the date of delivery of possession, and to petform all other covenants and agreements Tenant shall have failed to perform promptly after extinguishment of Tenant's interest under this Lease; then Landlord shall postpone the telmination of this Lease as in Section 19(a)(iii) provided for such period or periods of time as may be reasonably necessary for such Leasehold Mortgagee, with the exercise of due diligence, to extinguish Tenant's interest in this Lease and to pelform or cause to be performed all of the covenants and agreements to be performed by Tenant. Nothing herein contained shall be deemed to require the Leasehold MOltgagee to continue with any foreclosure or other proceedings or, in the event such Leasehold Mortgagee shall acquire possession of the Premises, to continue such possession, if the Event of Default in respect of which Landlord shall have given a notice to such Leasehold M0l1gagee shall be remedied. If prior to any sale pursuant to any proceeding brought to foreclose any Leasehold Mortgage, or if prior to the date on which Tenant's interest in this Lease shall otherwise be extinguished, the Event of Default in respect of which Landlord shall have given a notice to such Leasehold Mortgagee shall have been remedied and possession of the Premises shall have been restored to Tenant, then the obligation of the Leasehold MOltgagee pursuant to the instrument referred to in Paragraph (ii) of this Section 20(a) shall be null and void and of no further effect. 17 Nothing herein contained shall affect the right of Landlord, upon the subsequent OCCUl1'ence of any Event of Default, to exercise any right or remedy herein reserved to Landlord, (c) In case of the termination of this Lease by reason of the happening of any Event of Default, Landlord shall give prompt notice thereof to any Leasehold Mortgagee, Landlord shall, on written request of such Leasehold M0l1gagee, made at any time within thirty (30) days after the giving of such notice by Landlord, enter into a new Lease of the Premises with such Leasehold M0l1gagee, or its designee, within twenty (20) days after receipt of such request, which new Lease shall be effective as of the date of such termination of this Lease for the remainder of the Term of this Lease, at the same Rent and upon the same terms, covenants, conditions and agreements as are herein contained; provided, that such Leasehold Mortgagee shall (i) contemporaneollsly with the delivery of such request pay to Landlord the Rent which Landlord has accurately specified as due in any notice to such Leasehold Mortgagee, (ii) pay to Landlord .at the time of the execution and delivery of said new Lease any and all sums for the Rent which would have been due hereunder from the date of termination of this Lease (had this Lease not been terminated) to and including the date of the execution and delivery of said new Lease, together with all expenses, including (but not limited to) attomey's fees in a reasonable amollnt incurred by. Landlord in connection with the termination of this Lease and with the execution and delivery of such new Lease, less the net amount of all sums received by Landlord' from any occupants of any part or parts of the Premises up to the date of commencement of such new Lease, (iii) on or prior to the execution and delivery of said new Lease, perform or cause to be pelformed all of the other covenants and agreements herein contained on Tenant's part to be perfonned to the extent that Tenant shall have failed to perfonn the same to the date of delivery of such new Lease, and (iv) indemnify and save hannless Landlord from any claim of Tenant arising out of Landlord's entry into the new Lease, Nothing herein contained shall be deemed to impose any obligation on the p31t of Landlord to deliver physical possession of the Premises to such Leasehold Mortgagee or its designee unless Landlord at the time of the execution and delivery of such new Lease shall have obtained physical possession thereof. (d) Landlord agrees that so long as any subtenant is not in default of its sublease it may retain possession of its subleased premises pmsuant to its sublease and Landlord shall recognize stich subtenant's right to possession if this Lease is terminated, however, at Landlord's option. Tenant or its managing agent will continue to perform the obligations of sub landlord for a management fee of four percent (4%) of gross rents, the balance being paid to Landlord. Landlord shall execute such commercially reasonable non-disturbance agreements as said sub- tenants may request. 20. LANDLORD'S RIGHTS TO THE PREMISES. (a) Landlord's access to and use of the Premises shall be limited to such access and use as provided for in this Agreement, as may be reasonably necessary to operate and service COInEd's Facilities, its equipment, or for such other reasons as may be reasonably necessary to comply with regulatory orders and requirements. 18 (b) Tenant understands that the business of the Landlord involves, among other things, the construction, installation, maintenance, operation, and LIse of CornEd's Facilities now or which may hereafter be erected or installed upon, along, on, over, across or under the Premises, or property adjacent thereto, which are lIsed or lIseful in connection with the generation, conversion, transmission or distribution of electricity and gas and communications services. Tenant covenants and agrees (as a specific condition of this Lease) that Tenant and Tenant's agents, employees, invitees, customers, and others will not, under any circumstances whatsoever, touch, handle, tamper with or contact, directly or indirectly, any of the CornEd's Facilities. 21. RELOCATION OF COMED'S FACILITIES. Any relocation of Landlord's Facilities requested by Tenant to accommodate Tenant's Improvements, if approved by Landlord, shall be performed by Landlord at the sole cost and expense of Tenant, on a cost plus overhead basis, an estimate of which shall be paid by Tenant prior to the relocation qf CornEd's Facilities. Any excess payment will be retull1ed to Tenant. Any additional costs will be paid by Tenant within thilly (30) days after receipt of a bill for same. 22. LANDLORD'S RIGHT TO GRANT EASEMENTS. Landlord reserves the right and privilege to grant easements on, over or under any part of the Leased Premises for any purpose. whatsoever, provided such easements do not unreasonably interfere with Tenant's Improvements or Tenant's use of the Premises. No such easement may mn under any building constructed on the Premises. Landlord fmlher reserves the absolute right to grant the right to attach to CornEd's existing towers or replacements thereof for utility or telecommunication purposes; and to grant easements or leases for such purposes within 15 feet of such existing towers 01' replacements thereof. 23. LANDLORD'S CORPORATE MORTGAGE. (a) Until Landlord obtains the mortgage release as described in Section 2(d) of this Lease, this Lease is and shall remain subject to the lien of the M0l1gage dated July I, 1923, as supplemented from time to time, between Commonwealth Edison Company and BNY Midwest Trust Company, as the successor ffi0l1gage tl11stee, and D.G. Donovan, as the co-trustee, for the security of presently outstanding bonds of Landlord and other additional bonds which may hereafter be issued and outstanding under the Mortgage as so amended and supplemented (the "Mortgage"). (b) Until Landlord obtains the mortgage release as described in Section 2(d) of this Lease, Tenant's rights hereunder shall be subject and subordinate at all times in lien and priority to the MOllage or any other mOltgage or encumbrance now or hereafter placed upon or affecting the Premises, and to all renewals, modifications, consolidations and extensions thereof, without the necessity of any further instrument or act on the pall of the Tenant. Tenant shall execute and deliver upon demand any further instrument or instruments conceming the subordination of this Lease to the lien of any such mortgage or encumbrance if requested to do so by Landlord. With respect to any future mortgage, such subordination shall be subject to the agreement of said lender to enter into a commercially reasonable non-disturbance agreement in favor of Tenant, 19 whereby said lender agrees not to disturb Tenant's right hereunder for so long as Tenant is not in default after applicable notice and cure periods. (c) Tenant agrees, at any time and from time to time, as requested by Landlord, upon not less than ten (10) business days' prior written notice, to execute and deliver to Landlord a written statement executed and acknowledged by Tenant, (a) stating that this Lease is then in full force and effect and has not been modified (or if modified, setting forth all modifications), (b) setting fOIth the then CUl1'ent Minimum Rent, (c) setting forth the date to which the Minimum Rent and Additional Rent have been paid, (d) stating whether or not, to the best knowledge of the Tenant, Landlord is in default under this Lease, and if so, setting forth the specific nature of all such default, (e) stating whether there are any subleases affecting the Premises, (f) stating the address of Tenant to which all notices and communication under the Lease shall be sent, and the Commencement Date, and (g) containing any other matters reasonably requested by Landlord. Tenant ac~owledges that any statement delivered pursuant to this paragraph may be relied upon by others with whom Landlord may be dealing, including any purchaser or owner of the Premises, or of Landlord's interest in the Premises or any lender or mOI1gagee of Landlord. Landlord also agrees to deliver an estoppel certificate within sixty (60) days after a written request therefore, setting fOIth the same matters. 2~. DE-ENERGIZING COMEO'S FACILITIES. If Tenant requests, and Landlord grants, in CornEd's commercially reasonable discretion, approval to operate equipment closer to CornEd's Facilities than pel1nitted above, CornEd's Facilities must be de-energized and grounded prior to start of any constmction operation which would require any part of Tenant's equipment to be positioned closer to CornEd's Facilities than above provided. Tenant shall not pennit any equipment or material to contact a de-energized conductor. Tenant must notify Landlord at least seven (7) months prior to any work requiring CornEd's Facilities to be de-energized. If Landlord agrees to de-energize CornEd's Facilities a schedule will be developed by Landlord to allow for Tenant's constlUction. If Tenant requires a specific day 01' time for CornEd's Facilities to be de- energized, and if such a request can be accommodated, Tenant shall reimburse Landlord for any additional generating costs occasioned thereby, as detelmined by Landlord on a commercially reasonable basis. If an emergency occurs during the period COInEd's Facilities are de-energized and CornEd's Facilities are required to maintain its system operation, Tenant must make CornEd's Facilities available for use within one (1) hour of notification. 25. ADDITIONAL RULES & REGULATIONS. Landlord shall have the right at any time to impose any additional 11I1es or regulations upon Tenant's use of the Premises or modify the conditions and provisions of this Lease as Landlord reasonably deems necessary for the safe use of the Premises and the safety of Con1Ed's Facilities on the Premises and Landlord's adjacent prope11y, provided such additional rules and regulations do not materially interfere with the use of the Premises or materially increase Tenant's or any commercial user's costs.~ 26. ENVIRONMENTAL MATTERS. (a) Tenant covenants and agrees that Tenant shall conduct its operations on the Premises in compliance with all applicable Environmental Laws (as hereinafter defined) and 20 fmther covenants that neither Tenant, nor any of the Tenant Pmties, shall use, bring upon, transpOlt, store, keep or cause or allow the discharge, spill or release (or allow a threatened release) in each case of any Hazardous Substances (as hereinafter defined) in, on, under or from the Premises, except in accordance with applicable law. Without limiting any other indemnification obligations of Tenant contained herein, Tenant hereby agrees to protect, indemnify, defend (with counsel reasonably acceptable to Landlord) and to the fullest extent permitted by law, hold harmless the Indemnified Parties from and against any and all Losses and Claims (including, without limitation, (i) reasonable attomeys' fees, (ii) liability to third parties for toxic torts and/or personal injury claims, (iii) fines, penalties and/or assessments levied or raised by any governmental authority or court, and (iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims) arising out of, resulting from or connected with any Hazardous Substances used, brought upon, transported, stored, kept, discharged, spilled or released by Tenant or any other person or entity (except for any person or entity which is an hldemnified Party in, on, under or from the Premises, Ol' arising from activities prior to the date of this Lease disclosed in the Environmental Assessment. (b) For purposes of this Lease, the term "Hazardous Substances" shall mean all toxic or hazardous substances, materials or waste, petroleum or petroleum products, petroleum additives or constituents or any other waste, contaminant or pollutant regulated under or for. which liability may be imposed by any Environmental Law. "Environmental Laws" shall mean all federal, provincial, state and local environmental laws (including common law) regulating or imposing standards of care with respect to the handling, storage, use, emitting, discharge, disposal or other release of Hazardous Substances, including, but not limited to, RCRA, the Clean Air Act, 42 V.S.C. ~~7401, et seq., the Federal Water Pollution Control Act, 33 V.S.C. ~~1251, et seq., the Emergency Planning and Community Right to Know Act, 42 V.S.C. ~~ 1101, et seq., CERCLA, the Toxic Substances Control Act, 15 V.S.C. ~~2601, et seq., the Oil Pollution Control Act, 33 V.S.C. ~~2701, et seq., any successor statutes to the foregoing, or any other comparable local, state or federal statute or ordinance peltaining to protection of human health, the environment or natural resources. including without limitation the preservation of wetlands, and all regulations pertaining thereto, as well as applicable judicial or administrative decrees. orders or decisions, authorizations or permits. (c) If there are wetlands on the Premises, or if wetlands should develop on the Premises during the term of this Lease, Tenant shall strictly comply whh and observe all applicable Environmental Laws. At Landlord's request, Tenant, at its cost, shall fumish Landlord with a survey of the Premises delineating any wetland areas located on the Premises. Under no circumstances shall Tenant change the physical characteristics of any wetland areas located on the Premises or any adjoining land or place any fill material on any p0l1ion of the Premises or adjoining land, without in each instance obtaining Landlord's prior written consent (which may be granted or withheld in Landlord's sole discretion), and only then in compliance with applicable Environmental Laws. (d) Notice of Release. Tenant shall provide Landlord with prompt written notice upon Tenant's obtaining knowledge of any potential or known release or threat of release of any Hazardous Substances affecting the Premises. 21 exceed $1,000,000. the arbitration shall be heard by one neutral arbitrator under the AAA's Commercial Arbitration Rules. If the total of all such claims or counterclaims equals or exceeds $1,000,000, then the arbitration shall be heard by three (3) neutral arbitrators under the AAA's Supplementary Procedures then in effect for Large Complex Disptues. The arbitration process shall be concluded not later than six (6) months after the date that it is initiated and the award of the arbitrator(s) shall be accompanied by a reasoned opinion if requested by either party. The arbitrator(s) shall have no authority to award punitive or treble damages. The arbitration shall be conducted as common law arbitration and the decision of the arbitrator(s) rendered in such a proceeding shall be final. Judgment may be entered upon it in any court havingjUl'isdiction. (b) The procedures for the resolution of disputes set forth herein shall be the sole and. exclusive procedures for the resolution of disputes; provided. however, that a party may seek a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid hTeparable damage or to preserve the status quo. Despite such action, the parties will 'continue to participate in good faith in the procedures specified herein. All applicable statutes of limitations and defenses based upon the passage of time shall be tolled while the procedures specified herein are pending. The pm1ies will take such action, if any, required to effectuate such tolling. Each party is required to continue to pelfOlTl1 its obligations under this Agreement pending final resolution of a dispute. All negotiations pursuant to these . procedures for the resolution of disputes will be confidential, and shall be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and State Rules of Evidence. 34. OUIET ENJOYMENT. Tenant, upon paying Rent and observing and keeping all covenants, agreements and conditions of this Lease, shall quietly have and enjoy the Premises during the TelTn including renewals without hindrance or molestation by anyone claiming by, or tlu:ough Landlord, subject, however, to the exceptions, reservations and conditions of this Lease. 35. SECURITY DEPOSIT. (INTENTIONALLY DELETED) 36. HOLDING OVER. Tenant shall have no right to remain in possession of all or any part of the Premises after the expiration of the Term or any Renewal Term (as applicable) unless such Term or Renewal Term is renewed in accordance with the terms and conditions of this Lease. In the event that Tenant remains in possession of all or any part of the Premises after the expiration or earlier termination of the TelTl1 or any Renewal Teml (as applicable), at Landlord's option: (a) such tenancy shall be deemed to be either (at Landlord's sole option) a periodic tenancy from month-to-month only 01' a tenancy at sufferance terminable at will by Landlord; (b) such tenancy shall not constitute a renewal or extension of this Lease for any fmther Term or Renewal Term; and (c) such tenancy may be terminated by Landlord upon the earlier of thh1y (30) days' prior written notice or the earliest date permitted by law. In the event Tenant remains in possession after the expiration or earlier telmination of the Term or any Renewal Term (as applicable), then: monthly Minimum Rent shall be increased to an amount equal to one hundred fifty percent (150%) of the monthly Minimum Rent payable during the last month of the TelTl1, and any other 24 . . sums due under this Lease shall be payable in the amount and at the times specified in this Lease, and (ii) Tenant shall indemnify, defend (with counsel acceptable to Landlord) and hold the Indemnified Parties harmless from and against any and all Losses and Claims sustained, inclIned and/or brought against any of the Indemnified Pmties by reason of such retention of possession of the Premises (which may include, without limitation, any Claims made by any actual or prospective subsequent lessee or other user or occupant of the Premises or any portion thereof). Any such month-to-month tenancy or tenancy at sufferance shall be subject to every other term, condition, and covenant contained in this Lease. 37. LIMITATfON ON LIABILITY. It is expressly understood and agreed by Tenant that none of Landlord's covenants, undertakings or agreements continued in this Lease are made or intended as personal covenants, undeltakings or agreements by Landlord, ComEd or any entity which is affiliated with Landlord, CornEd or its parent or subsidiaries. Tenant specifically agrees to look solely to Landlord's interest in the Premises for the recovery of any sums, damages, awards or judgments from Landlord. It is agreed that neither Landlord, CornEd nor any entity which is affiliated with Landlord or CornEd (nor any of their respective parents, beneficiaries or subsidiaries, nor any of their respective shareholders, venturers, officers, directors or employees) . s!lall be personally liable for any such SlIms, damages, awards or judgments. This Section will survive termination of the Lease. 38. MISCELLANEOUS. (a) No persons other than the parties hereto or their permitted assigns shall be deemed to have any interest under this Lease. (b) Time shall be of the essence in the pelformance of this Lease. (c) This Lease represents the entire Agreement of the parties and shall be amended only by a writing signed by all parties. (d) If any provision of this Lease is found to be unenforceable, the balance of this Lease shall continue to be in full force and effect. (e) This Lease may be executed in two or more counterpalts, each of which shall be an original. It shall not be necessary in making proof of the contents of this Lease to produce or account for more than one such counterpart. (f) The section headings of this Lease are for convenience only and shall not be constl'lled as defining or limiting in any way the scope or intent of the provisions hereof. (g) The covenants and agreements of this Lease shall inure to the benefit of and be binding upon the respective sllccessors and assigns of the paI1ies. (h) The patties agree that any right, consent, approval or action that can be taken by Landlord can be given, withheld or taken by Landlord's beneficiary with and to the same effect as if given, withheld or taken by Landlord. (i) Tenant acknowledges receipt of a copy of ComEd Easement. Tenant agrees, as a material convenant and agreement under this Lease, to perfonn (or refrain from performing, as 25 . . . the case may be) any and all duties and obligations of "Tenant" (as described in CornEd Easement) under the CornEd Easement. EXECUTED as of the day aI~?..Yre!~;~;w]t ~~:~~r;-~yr,i~!r-~"! ;'-:" ......... r.l J..u;;_~ "..-..V.,-:-ef\.."..\o,..J '~.-.",. 1-... LANDLORD: CHICAGO TITLE: COr-1PANY .'. -. ..., '.-. ", .-. ',..~.. ," '''''1 .. .' '. ". . I '. =;;...... . ;......_~ ........: _ ~.'. . ., LAND TRUST , as T~u~tee; ~f~r~~aid ~n~ net r:~:';::; :';1111 TENANT: GENDELLPARTNERS EUCLID & WOLF LLC BY:~" ;(. - ~ ~ Name: Title: 26 EXCULPATORY CLAUSE FOR CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 26, 1963 KNOWN AS TRUST NO. 45553 ATTACHED TO AND MADE A PART OF THAT LEASE DATED ,JUNE 12, 2007 WITH GENDELL PARTNERS EUCLID & WOLF LLC. It is expressly understood and agreed by and between the parties hereto, anything to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made 011 the part of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee are neveJ1heless each and everyone of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in. its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against CHICAGO TITLE LAND TRUST COMPANY, 011 account of this instrument or on account of any warranty, indemnity, representation, covenant or agreement of the 'said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. ExculpalO!)' Clause (",/0 Nola!)') (1/97) EXHIBIT "A" site plan . i" ; .\ I .\....1 l: .I! \ \; :\1 \ " ;', I .. I '.' \ ;:~ h ~ : 1 ~t i it I'i. i\:\ ;:1\ Wr d \ [\ J \ , I \ \ \ \ I \ 0\ \ ' \ \ I : -~'{r./ EXISTING .,<:.:c',. .S. ...~1 f'nMED ;;.--- ~~" ~,.....J!tl.'!F );"C \. "JOWERS L-~~.::::> \ \ :1 ;j I '\ EXHIBIT 'A' TERRIICO AREA 01)) AC AREA PLAN SCALE: 1"=50'.0" o tlORTH lEASED COMEO AREA 1.28AC a ~ WOLF ROAD AND EUCLID AVENUE TERRACO INC. @lw O'tW-I "',M..". Ut"lll....T ODI"\COJ:t"T II I II\I(,\I~ t.llt-~.1J_~' rll).'!G'~)"'.:'t M'=-~ EXHffiIT "B" Prohibited Uses Neither Tenant, Tenant's subtenants, other occupants of any pOltioll of the Premises (excluding ContEd) nor such parties' employees, officers, directors, agents, contractors, licensees, lessees, sublessees, guests, customers, invitees, successors and assigns (collectively, "Tenant Group") may use or operate or conduct or permit on or with respect to the Premises, any activity that causes or involves any of the following: i. Any use incompatible with CornEd's Facilities; 11. Any public or private nuisance; iii. Any noise or sound that can be heard from adjoining streets and that is objectionable c due to intermittence, beat, frequency, sin-illness or loudness; IV. Any obnoxious odor that can be detected from adjoining streets; v. Use, storage, transportation, handling, manufacture, or emission of any noxious, toxic, caustic or con'osive fuel or gas or other hazardous or toxic substance unless such materials are handled in accordance with applicable governmental laws, regulations and codes; vi. Emission of microwave, radio wave, or other similar electronic, light or noise radiation at levels which are dangerous to health or which interfere materially with the proper operation of electronic, telephone, computer or other business equipment of CornEd; vii. Any dust, dilt or fly ash in excessive quantities that adversely affects or persons on streets or property adjacent to the Premises; viii. Any unusual fire, explosion or other damaging or dangerous hazard, including the storage, display or sale of explosives or fireworks; IX. Any assembly, manufacture, distillations, refining, smelting, agricultlll'e or mining operations, excluding any brew-pub; x. Any drilling for and/or removal of subsurface substances, except as required by law; Xl. Any dumping of garbage or refuse (other than in dumpsters or compactors designed for sllch purpose); . . xii. Any commercial laundry or dry cleaning plant (unless Tenant provides Landlord and CornEd, either directly or through its subtenant, with insurance against such environmental risks in fonn, content and amount as Landlord may determine in its sole and absolute discretion; such insurance is hereinafter referred to as "Environmental Insurance"), veterinary hospital, car washing establishment, bowling alley, mortuary 01' similar service establishment; xiii. Any automobile body and fender repair work (unless Tenant provides Landlord and ContEd, either directly or through its subtenant, Environmental Insurance); xiv. No merchandise and/or services shall be displayed, sold, leased, stored or offered for sale or lease outside the physical limits of the floor area of any Tenant's building, except for occasional retail sidewalk sales first approved by Teniil1t; xv. The operation of a so-called "head shop," or other business devoted to the sale of articles or merchandise nOlmally used or associated with illegal or unlawful activities, including but not limited to the sale of paraphemalia used in cOlmection with marijuana, cocaine or other controlled dmgs or substances; xvi. A massage parlor or the business of the sale of so-called "adult" materials such as, without limitation, magazines, books, movies and photographs; xvii. Factory; xviii. Processing or rendering plant; or XIX. Energy delivery sales or service office that is not affiliated with ComEdo , . . ---.-.-..". . , , 'ENGINEERING 'STANDARD PRACTICE 1;2.1.18 CQrriId" ':' '..' . . . .I. \. '. : . Y' ., ,.. ,iI An ~ron C'oihpany INFORMATION REQUIRED TO EVALUATE PROPOSED SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY August 1, 2002 i: **NOTE: CONTACT \oVITH POWER LINES CAN REBUL T IN OEA TH OR SER~bUS INJURYI" , IF THIS ENGINEERING STANDARD PRACTICE DOES NOT ADDRESS YOUR PARTICULAR APPl.ICA TION, CONTACT THE TRANSMISSION & 'SUBSTA TION ENGINEERING DEPARTMENT OR THE REAL ESTATE AND FACiLITIES DEPARTMENT FOR ASSISTANCE. References ESP 1.2.1.12, "Land Management Practice,s Guide" ' ESP 1.2.1.16, "Conditions,for W9rklng In the Vicr~lty of CornEd's Electric Transmission LInes" ' . ESP 1.2.1.17, ,iSecondary Uses for Rlght~.of.W~y Along . , ComEd's Electric Trimsmlssfon ' Lin,es" ESP 1.2.1.19, "General Conditions Regulating Approved Secondary Uses'forCornEd's Transmission LIne Rights-of. Way" COPYRIGHT PROTECTED. CornEd 2001. ALL RIGHTS RESERVED. DUPLICATION AND DISTRIBUTION OF THIS DOCUMENT WITHOUT THE EXPRESSED WRITTEN CONSENT OF CornEd IS PROHIBITED. August 1, 2002 @ CornEd Page 1 . -- , ;f i: .. . --- . . . . .., .-.-.------.-.......- ..... 'rmIJI . '.. ..' . - . . .Aneceton~'. INFORMA TJ.ON REQUIReD . . . TO'EVAULATE PROPOSED SECONDARY USES FOR ComEd's . . TRANSMISSION .LlNE RI(;HTS.OF-W A Y ESP 1.2.1.18 TABLE OF CONTENTS Subject Page 1.0 . Scope ...... ........ ...................... ..:......... n n.................. ........... n. no... .......... ..... ........... 3 2.0 Prelim Inary Plans.. ...... ..................... ............................................... .......................3 3.0 F'n~1 Drawings.. ....... .................. .... ........ ........................... .............. ........ ............... 3 4.0 Safety.. ...... ............................... ........... ...... ... ............. ............. ............. ....:...... ........ 5 August 1, 2002 @ CornEd Page 2 .. . '.--..--... .., OQmId" . . . ",. :. " . - ,. , ;4n t:l<eIQn i;omp~ny INF'ORMATION REQUIRED TO EVAULATE PROPqs~D ESP 1,2.1.18 SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY ; t. l- f t I.: ,. 1.0 Scope The purpose of this Engineering Standard Practice (ESP) Is to describe the '. Information required to be. submitted to CornEd in order to pennit Its evaluation of a proposed secondary use for a portion of Its transmission line rights-of-way. CornEd considers propo~ed 8eco~dary use's of trans,,"lssl9n line rights-of-way In' accordance with Its Engineering Standard Practice (ESP) 1.2.1.12, -Land Management Practice Guide," ESP 1.2.1.17, "Secondary Uses for.Rlghts-of-Way Along CornEd's Electric Transmission Lfnes," and ESP 1.2.1.19, "Genersl Condltfons Regulating Approved Secondary Uses for CornEd's Transmission LIne Rights-of-Way." .In order to properly evaluate these proposed secondary uses, CornEd requires that certain Information be submitted to Its Real Estate and Facflltles Department as follows: . . 2.0 , Preliminary PlahS , , CornEd will accept for review and Comment a prellmlnary,sketch or cqncept plan prepared if!. advance of form~I,drawlngs for the. purpose' of d,eterrrilnlng ,the feasibility of a particular right-of-wEiy use. This plan shall Indicate the proposed use and"gEineral locatl~n In 'relation to CoinEd's facl/ltl~s. ,Six (6) copies' of this preliminary report sheill be submitteato CornEd Real ~state and Facilities . Department, Three Llncoln.Centre, 41h FIQ9r, Oakbrook Terrace. IL 60181; Mall: CoinEd Real Estate and Facilities Department; P.O. Box 805379, Chlbago. Il 60680-5379. 3~O Final Drawin~s Submission 'of flnal drawings wlfl be required before CornEd will consider granting final approval of the project and before any work may begin oi,. CornEd property. Drawings containing the following Infonnation shall be submitted Jar approval to the CornEd Real Estate and Facilities Department: 3.1 Location and description of all ComEd transmission and distribution facilities In the area, includjng structure identification numbers, pole sIzes 'and classes, guy and guy anchor locations, concrete foundations, tower legs, m~nholes. and all underground facll,llles. . 3.2 Positions and elevations of the lowest and/or closest overhead conductors to the proposed facilities. T~ls infonnatlon should be described in terms of the positions and elevations of several poInts along each of the WIres In each span (i.e., along the conductor sag curves between the supporting structures) as follows: · At conductor support clamp locations (at the energized ends of the suspension insulator strings) for suspension type structures and at the August 1, 2002 @ CornEd Page ~ L .. . - .-..--....-----.-......... -. ~ .' ;~ '. . . ..... . -- - .- An ~on CbIilPlIIY INFORMATION REQ'UIREO TO EVAUI-ATEPROPOSED ESP 1.2.1.18 . SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY i; grounded ends of dead-end Insulator assemblies (at the structure attachment brackets) for stra in type structures. · At approximately mid-points and quarter-span paints along the spans of conductor. " · At lowest points of conductor sag (If different than mlcf,polnt). Drawings should also Indicate date and time when the conductors were surveyed plus weather conditions at-the time of the survey (air temperature, wln~ speed and direction, and sun/cloud COver conditions). 3.3 ExIsting and proposed grade elevations at the base of all CornEd facllftles. . . 3.4 . Proposed road, driveway, and parking lot det~f1s Including location, type.of constructlon,..grad~ eleva1Ions', percent slope, drainage plans, and the.loc~tlon of all curbs, sidewalks, sewer Inlets, and protectlV$ barriers. . 3.5 The locations andf1elghts of all proposed street lights; poles,' bUildings, sheds,. signs, and all other proposed above-grade objects. All proposed facilities shall be locatable'withrespect to the,centers'ot existing CornEd transrylisslon line stru.ctures.and other CornEd facillties!n the vl.clnlty. .' .. 3.6 Where re.grading of the rlghtoo()f-~ay Is necessary, Inclu~e both existing and f1n~r grades on the plans. Show both existing .and proppsed conto.ul'S; break lines (e.g. tops.and.bottoms of slopes, ditch lines, etc;) and cu'v~rt Invert elevations. . 3.7 Where tree plantllJgs are proposed, show the location, number, species, maximum mature height, etc. 3.8 the location, 'slze, and, depth of all proposed underground facilities s'uch as water and sewer fines shall be specified. . 3.9 Water detention pond and stonnwater management calcuhltlons, when applicable. 3.10 Topographic survey, with minimum 1-foot contours, used to perform. the calculations In 3.9, when appllcali:!/e. Hard copy draWings shall be plotted to a suitable scale (e.g. 1" :: 100' or 1":: 200', as appropriate). In addition to six (6) h~rd "Copies of each of.the drawings, one AutoCad drawing file of each (.dwg, Version 14) shall be submitted. All AutoCad drawings shall be drawn to full scale (i.e. l' = 1'). All elevations on drawings shall be referenced to the following datums: · Within the city limits of Chicago: Chicago Vertical Datum (CCO) . '..~ August 1. 2002 @ CornEd Page 4 ~ . ~ .. ~..- . -... , . ! ,. r ........-._.....~- com. 'lei' " . '. , ..' . : 'It 'J..' . ~'. . ..~ . An fqfon Qm,Pilny . . INFORMATION REQUIRED , TO EV AUI-A.TE 'PROPOSED ESP 1.2.1,18 SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS.OF..WA Y · 'Outside the Chicago city limits: North American Vertical Datum 1988 (NAVD 88) After completion of construction, as-built drawings shall be submitted, for CornEd's record~, 'reflecting all changes,made dunng th~ constructIon of the . Uset's'facllities. (All changes to originally submitted plans must be approv~d by CornEd prIor to Implementation.) 4.0 S~fety All plans and drawings, preliminary arid final, Involving work In the vicinity of Corned electt:fc lines must Include the following paragraph: CONTACT WITH POWER LINES CAN RESULT IN DEATH OR SERIOUS INJURY. TREAT ALL OVERHEAD ANO'UNDERGROlJND POWER LINES AS . ENERGIZED' AND POTENTJALL Y DANGEROUS. . All contractors ,and supcontractors mLJst o.btaln caples of ComEd ESP 1.2.1..16, "Colidltlons for Working In the' Vicinity of ComEd's Electric TransmissIon LInes" and comply:wlth Its provisions. . , . 5.0 Approval Appr9ved: Gregory G. Sch'uter Director EED, Real Estate and Facilities Department Approved: :1 ~. Carl L. Segneri Vice President, Transmission & Substations . ':1'" .. - . .. '" August 1,2002 @ CornEd Page 5 . . -.-.... ._~. -. .. . . .. . ..-....-.. ,. ENGfNEERING STANDARD PRACTICE 1:2.1.19 GENERAL CONDITIONS REGULATING' APPROVED SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY August1,2002 ComEd~ An Exelon Company .i ....NOTE: CONTACT WITH POWER lINES CAN RESULT IN DEATH OR SERIOUS'INJURYI** IF THIS ENGINEERING STANDARD PRACTICE DOES' NOT, ADDRESS YOUR PARTICULAR APPLICATION, CONTACT THE TRANSMISSION & SUBSTATION ENGINEERING' DEPARTMENT OR THE REAL ESTATE AND FACILITIES DEPARTMENT'FORASSISTANCE. ' . References ESP 1.2.1.12, "Land Management Practices Guide" , .' CornEd System Standard C9485. II,Fenc, GroundIng Near Transmission Lines" ESP 1.2.1.16, "CondItions for . Working In the VlcfFllty of CornEd's Co,mEdSystem Standard C9486, Ehactrlc Tra,nsrnlsslon Lines" "Gro~ndlng of Metal Buildings" ESP 1.2;1.11', "Seconc;lary Uses.for Rights-of-Way Along ~omEd' s Electric rra~smisslon ,Lines" ..ESP 1.~.1.18, Iflnf9rmati6n Required to Evaluate' Propose~ Secondary Uses 'for CornEd' s TransmIssion LIne Rlghts:.of-Way" CornEd System Standard C9484, IIFence GroundIng 'on Woven Wire Fenc~s on Transmission line Rights-of-Way" ....\ COI'r!Ed System Standard C9487. IILocatlori o.f.GrQund Connections ,for Groundln,g: M,tallJcStructur.es and Objects (DIrectly Unt;ler or Near Transmission lines" ComEd System Standard C9520, "Protective. Sarth~rs for Transmission Structures (69kV and Above)" ComEd System Standard C9522, IILockhlg Arrangements for . TransmIssion Right-of-Way Gates & TransmIssIon LIne . Terminals" COPYRIGHT PROTECTED. ComEd 2001. ALL RIGHTS RESERVED. DUPLICATION AND DISTRIBUTION OF THIS DOCUM ENT WITHOUT THE EXPRESSED WRITTEN CONSENT OF CornEd IS PROHIBITED. August1,2002 @ ComEd Page 1 ... .. ......-...-.....,... ... .......-------.....- ComEd~ GENERAL CONDITIONS REGULA rING APPROVED ESP 1.2.1.19 SECONDARY'USES FOR ComEdts TRANSMISSION LINE RIGHTS-OF-WAY An Exelon Company 9.0 10.0 11.0 12.0 13.0 14.0 15.0 '16.0 17.0 18.0 19.0 20.0 21.0 TABLE OF CONTENTS Subject Page 1.0 Scope ................... ......................; ................ ................. ............. ...... ...... ............4 2.0 Understandi ng ....... .... ............ ............. ........... .................... .................... ............4 3.0 Approva I........ ........ ............................... ............. ........................................... .....4 4.0 Safety and Clearances ........ ....... ..... .,.-...... ...... ........... .................. ..... ...............5 5.0 Drawl ngs ......... ........ ......... .............................. .......... .i... .................... .................. 5 6.0 Rei ocations or Modlfi cations ~............... ............... ;.;............. ...................... ...... 5 7.0 . . InstallatIon .................................. ................ ...................;............ .......................6 8.0 Excavatlo ns .................. .............................. ..... ................... ....... ........................6 Improvements ........ ............................... ....... ................ .................. ...... .............7 Acc~ss ........................................ .......... . ............ ...... ....... ........ ...................... .....7 Gates an d Locks......................... ....................... ............. ...... ............. ...............7 ExplosIves and Flammable Materi als. ....... ......................... ....................... ......8 Drainage and Grade Alterations .....;.... ....... ................................. .....................8 ParkIng Lots and DrIveways.... ................... ............................. ........................8 LimItation of Damages for Plantings.. ....... ..;........................;..... ......... ............8 Envi ronme ntal J ssues.. ;;.;........... ..........................~. ................. ...;.............. .......... 8 Cover Over Underground F acUities... ........ ................... ......... ........ ..... .............. 9 Cathodic Protection .......... ................................... ...... ................... ...................9 In du ctive Interference.......... ............... ..... ........ ................. ................ ..... ..........9 Marking of Underground Facilities ..... ............. .......... ......... ...... ...... ...............1 0 Barriers ........ ................................................. ..................... ...... .......................10 August 1, 2002 @ CornEd Page 2 ---.... '" i .. ---- -....-. .. An Exelon Company GENERAL CONOITIQ~S . . REGULATING A.PPROVED ESP 1.2.1.19 SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY CoInEdG 22.0 Damage to CornEd Fac./llties........................................ .................. .................11 23.0 Outdoor Advertising .............. ....... ...... ...... ..................... ........ .........................11 24.0 Inspections .......... ...... ...........;..... .......... ................ ....... ...... ............... ...... ....;...11 25.0 Restoration of Property.... ........................ .............. ;............................. ............11 August 1, 2002 @ CornEd Page 3 . , .. t . . f. i.. .r I, L .---___....h_ .... o. j " 'ComEd. ' . Gt;NERAL CONDITIONS REGULATING APPROVED ESP 1.2.1.19 SECONDARY USES FOR CornEd's TRANSMISSION LINE RIGHTS-OF-WAY An Exelon Company 1.0 Scope The purpose of this Engineering Standard Practice (ESP) Is to'outllne the GENERAL CONDITIONS regulating approved secon~ary uses of CornEd's transmission line rights-at-way, whether owned In fee or controlled by easement. The generally acceptable non-transmission line uses are summarized In ComEd's ESP 1.2.1.17, "Secondary Uses for Rights-of-Way Along ComEd's Electric Transmission LInes." 2.0 Understanding 2.1 User understands that CornEd's business Includes construction, Installation, maintenance, operation and use o( structures, fixtures, facilities and Instrumentation, with appurtenances, which now exist or WhiCh may hereafter be placed on'the right-at-way, which are used or useful for the generation, coliv~rsion, transmission or distribution ot electricity. . . 2.2 User agrees to comply with all requlr~ments ot any of the 'constituted pub"ca~thorltles, and wllhthe terms of any fed~ral or state statute or local ordinance or regulation appiicabl$' '0 the. use of the. rfght-of-way, and agrees to Indemnify and hold CornEd hannless' from penalties, fines, costs or damages resulting from Us.er'~ failure to do so. 2.3 User, understands that ComE<f, Its successors and assigns, shall have the right to continue to use' its rights.of~way for the purposes listed In . Paragraph 2.1 hereof. ' CornEd re,s~rves thEJ'ffght to require User to relocate or remove arW Instaliatlons, Improvements; or pJantlngs. Any relocation or removal shall be accomplished in accordance with the terms and conditions of User's written lease agreement, if applicable, or In accordance with terms and conditions specl11ed by ,CornEd. 2.4 User understands that any costs incurred by ComEd resulting from the User's application to develop COI11Ed's rights-of-way will be reimbursed by the User. This Includes, but 15 not necessarily limited to, the costs of CornEd's review and approval of the User's engineering plans and documents. Such costs shall be reimbursed bY the User even if the proposed project is subsequently cancelled. 3.0 Approval All proposed secondary uses of CornEd rights-of-way shall be subject to the prior written approval of the CornEd Real Estale and Facilities Department, Three lincoln Centre, 4th Floor, Oakbrook Terrace, IL 60181; Mail: Com Ed Real Estate and Facilities Department, P.O. Box 805379, Chicago, IL 60680-5379; August1,2002 @ CornEd Page 4 . \ ,. ...--.... -.---.. .. ". . f . "6Ia.~~~ " VUlIHiiUe An Exelon Company GENERAL CONDITIONS R"EGULATING APPROVED ESP 1.2.1.19 SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS.OF-WAY Telephone (630) 576-7158. All subsequent related notifications, submIssIons and requests for appr<;lVal, unless otherwfse specffled, shall also be directed 10 the CornEd Real.Estate and Facilities Depa~ment. 4.0 Safety .and Clearances CONTACT WITH POWER LINES CAN RESULT I.N DEATH OR SERIOUS INJURY. .U$sr shall treat all overhead and underground power lines as energIzed an.d potentially dangerous. If at any time, construction or other work activities In the vlchifty of Com Ed transmlsslori lines may occur, User and all contractors and subcontraclors must obtain from the CornEd Real Estate and Facilities Depart!T1ent the current versIon of ComEd's ESP .1.2.1.16,. "Conditions for WorkIng In the Vicinity of CoinEd's Electric TransmIssion Lines" and must comply with Its provisIOns.. .Constructlon or other work actJvftles In the viCinIty of CornEd tr~n8mlsslon fines wIthout prIor notIce to ComEd .In accord~nce with ESP 1.2.1.16 Is potentially dangerous and Is absolutely forbidden. All construction or maintenance activities undertaken within fenced areas of Com Ed substation properties or within the vicinity of ComEd' transmission. or distribution lines must be performed by qualified and traIned personnel Who are familiar With all applicable safety procedures:and"requlted safe bOdy and equipment worklng..clearances to ComEd's energized facilities. In addition, these personnel must wear appropriate personal" protective equipment (PPE) as outlined below: !- . ;' j: · Hard hat and safety glasses must be worn at all times. · Serviceabl~ work sJ'lOes must be worn. · Upper body, outer layer ot clothing must be fire retardant Clothing. · All other clothes must be 100% all-natural fiber. 5.0 Drawings Prior to the start of any construction on the right-at-way, User shall submit to CornEd Real Estate and Facilities ' Department, .for Its approval, plans prepared and submitted. in accordance,with ESP1.2.1.18, "Information Required to Evaluate Proposed Secondary Uses for ComEd's Transmission LIne Rights-of-Way. " 6.0 Relocations or Modifications User must obtain Ihe prior written approval of CornEd Real Estate and Facilities Department for any modification or relocation of ComEd facilities, Approved August 1, 2002 @ Com Ed - Page 5 l . ~ .. " I: I , ... . ~ '.CoInEd. GENE~L CPNDJTlqNS REGULATING APPRqVED' SECONOARY USES FOR CamEd's TRANSMISSION LfNE RIGHTS..OF..WAY . 'ESP1.2,1.19 An Exelon Company modifications and relocations shall be performed only by CornEd or its authorized agents and shall be at User's sole cost arid expense. 7.0 Installation 7.1 User agrees that ,all construction work p~rformed by' User or Its agents 'withln the'r1ght-of-way shall be,performed in accordance wIth accepted englne~rlng practices~ User un~erstands that CornEd may require the bonding and/or grounding of Improvements to eliminate the 'effects of induced voltage on metallic objects. When such grounding Is' required, It ' shall' be done in a manner sImilar to that Indicated in the followIng ComEd System Standards: ' · C9484, "Fence Grounding on Woven Wire Fences on Transmission L1n~ Rlghts-ot-Way" . , · C9485, "Fence ~rounding' near TransmIssion Lln.es" · C9486, "Grounding of Metal Buildings" · C948Y. "Location of Gr'pund;ConneQtions for Groul1dlng,Metallic Str~at~res a!ld' Objects {Directly, lllJder or Ne~rTransmisslon Lines)i~ 7.2 U~er agr~e~,that electric power facll/tles produ,Q'e an electromagnetic , environment that changes depending on a variety of varIables. .user , agrees to bear full responsiblUty for ensuring that all Intende!J secondary ,uses are compatible With that electromagnetic envlronl11ent under all conditions and shall make all n~ce~~~ry provisions, at User's sole cost and 'expense, to ensure thatth,e ta~lIIties and people who may work on them or In them are not adversely Impacted by the ele9tromagnetlc environment produced by ComEd's facilities. 7.3 User agrees that no charge or assessment shall be made to CornEd In conjunction with the User's installatIon of any Improvements or underground facilities on CornEd's right-of-way and shall save and hold CornEd harmless from any such charge or assessment at User's sale cost and expense. CornEd ~hall be permItted ,to connect to User's facilities (e.g. sewer, water main, etc.) wltho~t a connection charge.. 8.0 Excavations' 8.1 There shall be no construction or excavation within 25 feet of any tower, steel poie structure, wood pole structure or guy anchor without the prior specific written approval of Com Ed. No construction or excavation shall be permitted In the area between a pOle or structure and its associated guy wire anchor. User shall exercise' care to prevent slope instabilities or cave-Ins which couid alter the grading or disturb CornEd facilities. August1,2002 ~ @ CornEd Page 6 .. ~ . --..-----.-.--.. . .............-- An Exelon Conipany GENERAL CO~DITIONS REGULA TfNG APPROVED SECONDARY USES FOR CornEd's . . TRANSMISSION liNE RIGHTS-OF-WAY ESP 1.2.1.19 ConeI. 8.2 User shall comply with the provisions of the '1lIInois Underground Facilities . Damage Prevention L~w (H82739) and shall use the JULIE or DIGGER OneMCall Systems to arrange to have underground facilities located prior to excavation. Outside of Chicago, call JULIE at 1~80o-892-0123. Within the city limits of Chicago, call DIGGER at 1-312-744M7000. . 8.3 To prevent Injuries, Userls req~ired to ~ver all ope'1 ditches or 'excavatlons at night or whenever ot/:lerwlse unattended. 8.4 User agre~s that any trench~s dug (e.g. during the Instailatlon or subsequent repair of underground facilities) shall be properly shored and planked to ensure ComEd's vehicular access to the Its right-of-way at all times. I'. ! . 8.5 User agrees to protect local water quality from the effects of excavation' '.as r.equlred by local;. stale, and faderallaw. . 9.0 Improvements User, at User's. sole cost and expense, shall Instal! and ma.intain any pUblic . Improvemen.ts requlrea Qr necessary for thepropos~ use of the' propertY,. such . as seWer' or water fl:la"ln extensions, curbs, sidewalks or roadWay paving. User a.lso agteesttlat no oharge or as!lessment"shall be made or Imposed upon- any part of-CornEd's rlght..of-way ~rlslng .or resultlngJrom Use~s 'Iniprollements. 10.0 Acc.ess 10.1 At all times,. and unless this proxlslon Is. specifically waived In 'wrlting by ComEd, User shall provide a.loF:19Itudinal access. route alqngthe'r.Ight-of_ way. Such access route shall be at least 16 f~erwlde and suitable for ingress and egress of CornEd Une trucks, cranes, and other cqnstructlon vehicles. as may be required for the construction and maintenance of Its structures and facllltJes within the right-at-way and or on adjacent property. -I" 10.2 When permission Is granted by CornEd for a road o"'C!lrlveway to cross.its rlght..ofMwayat an elevation different from the existing elevation of the . rightMof-way, the construction shall.lnclude.a,r.amp fr.om each side. of the. . road.to 'meet the eXisting right-of-way elevatiOn. Access ramps shall be at least 16 feet wide with a maximum grade at 4.5%. 11.0 Gates and Locks All fencing within the right-otway shall Include a 14 foot wide (minimum) entry point (gate or:wlre barricade) and shall be fitted with a chain for a mul~iple locking arrangement as shown in CornEd System Standard C9522, "Locking Arrangements for Transmission Rlght-ofMWay Gates & Transmission Line i ~;. j": August 1, 2002 @ ComEd Page 7 .. ' ,. An [xelan Company GENERAL CONDITIONS . REGULA TIN_G. APf:'ROVED ES P 1.2.1.19 SECONDARY USES FOR CornEd's TRANSMISSION LINE RIGHTS-OF-WAY ConeI~ Terminals." User shall provide all fencing, gates and chains, at Its sole cost and . expense. CornEd reserves the right to install one or more of its own locks on an~ gates within the right-or-way. . 12,0 Explosives arid Flammable Materials User shall not use or store explosives or flammable materials In any form within th~. ~ght';of-waY. . . 13.0 Drainage and- Grade A'terations In order to prevent- erosion or other drainage. problems, to prevent debrls or water . trom ac.cumulatlng around any transmIssion structures or guy anchors, and to ensure that adequate clearances Elre maintained to all electrlcal cOnductors, User shall not alter the grade at the right-at-way except as detailed and approved under paragraph 5.0 hereof. _ 14.0 Pc;lrklngLotsand Driveways CQmEd shall have the rlght.to use any driveway. or parking lot located within the rlght:'of-way for construction. or maintenance o~ its facilities without being responsible for any damage :c~~sed th8r8~o. User shall cQnstruct driveways and parking lots to w;th~tand the weight of vehlclas which distribute uP. to 32',000 pounds per axle"CHS20 loading per.AASHTO highway specifications). 15.0,. limitation of Da'mages for'Plantlngs It required by ComEd, User shall remove or relocate planUngs wlilolJ may be blocking access to ComEd's facilities within 30 days after recelvlng notice. If prior-notice cannot be given- or If such removal or relocation Is not completed In a. timely fashion; CornEd shall gain access to Its facilities arid compensation for damage to User, If any, shall nof exceed pro rata rental for the portion of the right-at-way used by ComEd tor:its corporate purposes. 16.0 Environmental Issues . . j~ t I I '. 16.1 Co :~~..:. The Installation of any underground facilities required by Us~r .Ce.g. sewers, pipes, cables, conduits, or drainage f~cilities) shaU'De completed at User's expense, In accordance with the erosion arid se.dlmentation control regulations of the Illinois .'Oepartmenfof'Transportatlon-CIDOT) or any other regUlatory agency or governmental agency._ and with the minimum possible damage or disturbance to the terrain within the CornEd right-of-way. User ~hall take special care to avoid leakage at pipe joints or seepage Into open ditches during the construction, installation, use, maintenance, repair, renewal, removal or replacement of plpeline(sr 16.2 August 1, 2002 @ CornEd. Page 8 ! L :; ...... . ..-.--.... .. ...- .-.. - -----0_- ComEd. An fxelon Company . GENERAL CONDITIONS REGULATING'APPROVED' .ESP 1.2.1.19 . . SECONDARY USES FOR CornEd's TRANSMISSION LINE RIGHT$-OF-WAY .; 16.3 In the event of a leak or a spill Involving gasoline, 011 or other toxIc or hazardous materials or pollutants, User agrees to satisfy all requirements . specrfi~d by,ComEd, the I/linolsEnvlr~nmental Protection Agency (IEPA), the federal EPA,'and any ottierenvlronmeiltaJ reg"ulatory agency or other governmental agency for the cleanup of said leak or,splll. User further agrees to assu~e full responslblflty for the cost of the cleanup and any future liability resulting from the leak or spill. 16.4 The Ussr shall not carry on activities In ~Iolatlon of sound 'ordlnances or activities which would result In the destruction of wetlands, harm endangered'speples, or cause soli, air or grou,ndwater contamination. 17.0 Cover Over Underground Facilftles . Any underground Installation shall meet applicable standards for minimum cover UJ:1less othelW/se specified by.ComEd: ComEd re$erv~s the right to require greater than minimum cover: User Is"awa re Com Ed 'Intends to cross over underground facilitIes with vehicles generally w~ighlng 32;000 pounds per axle (1:-1820 loading per AASHTO hlghway.speclf19C3tlons), and tlie plpellne(s) or'other underground 'facJlltles shalf be Installed ~ccordlngly. CornEd does not warrant that any approved <?.r specified cover will prote'ct the plpellne(s) 9r other underground facilities. 18.0 Cathodic. Protection User shall furnish engineerfng plans of plpell.he cathodic protection systems for CornEd review arid approval prior to Installation. Cathodic protection Interfer~nce tests shall be perfonned on the completed faclllty at the e~pense of Us~r. User snail furnish any other infQrmatlon r.eql!lred by CornEd. . . . 19.0 Inductive Interference 19.1 All proposed pipelines, metallic communlc,ation lines, or other insulated metallic Installations which will longitudinally occupy any transmission line right-of-way for a distance greater than 200 feet must have an inductive iAterferencestudy completed at User's sole cost and expense andfl" reviewed by CornEd prior to construction of the proposed facility. At a mi!1imum, inductive Interference study.sballlnclude.thefollowlng:.., 19.1.1 Induced voltage on the proposed facility at emergency rating of each transmission line (Individually) on the right~of-way. 19.1.2 Induced VOltage on the proposed faCility at emergency rating of each distribution line (individually) on the 'right-at-way. August 1, 2002 @ CornEd Page 9 '-~----._- r. L.... --a . . .. -....-.-..... ..... COmEd~ An Exelon Company GENE~L .C.ONOITIO~S . REGULATING APPROVED ESP 1.2.1.19 SECONDARY USES FOR.CamEd's. TRANSMISSION LINE RIGHTS..QF-WA Y 19.1.3 IndUced voltage on. the proposed facility at emergency rating of all electric ./lnes on the rlg~t-of-way. 19.1.4 Induced voltage on the propo$ed facility during a fault (both phase to ground and three phase) on each transmIssion .line on the right-of.way. Faults on the electric transmls~lon lines shall be located Elf either end of theprOPQsed facility to be Installed on the right-of-way and at the mIddle of the OCCUpation. Fault studies shall also be conducted at any additional locations speclfled by the CornEd engineer. 19.1.5 If the proposed facll/fy to be Installed on the right-of-way Is a metal structure (e.g. metallic: pIpe), User shall supply to ComEd yoltage gradient plots of the areE! araund any transmIssion struqture within 50 feet of the facility. If the volt~ge gradients around any transmission structure Increase, User, at Its sole cost and expense, . must Install mitigation prlQr to the . proposed pipeline Installation; . . 19.2 Electric transmission an~ dlstl1but/Q~ facllltie~. on the right-at-way may be added, modified, .or removed from:tl~~..to time.. Before. qomEd adds. mOdlfJes,..or relJ16ve~ facilities, the owners. of ~ny pipeline, metallic. communication line, or other Insulated metallic ./nstallatlonon CornEd's rIght-of-way shall be r~{lponslble J9r completing an Initial or. revised inductive' Interference study, subml~lng It to CornEd "for review, and . installing required m!tlgatlon,.lncludiog on Co.mEd's facilities, .and.at . . User's sol.e cost"and expense, In a timely manner. . 19.3 User shall maintain all Inducl/ve J"nterference mitigation systems in good operating .conditfon and shall check for proper operation at least once each year. 20.0 MarkIng of Underground Facilities In order to Il1I~j.mize th~ number of future dig-Ins, User shall be required, .as p~Jt.,. ot any underground Installation, to Install and maintain at Users expense, . permanent markers to Ic;lentity 1he location of the underground facility. Pipelines and other similar Instalrations 'snalr De m'arkei:fwh'ere.ttie line enters alia exlls the right-at-way, at Intennedlate points along straight runs of pipe, and at all angle: points where the'lIne changes direction. 21.0 Barriers User shall take precautions to protect CornEd structures and facilities, Including but not limited to vehicular barriers similar to those shown in ComEd System Standard C9520, .Protective Barriers for Transmission Structures (69kV and August1,2002 @ ComEd Page 10 .. . . . . ..-..----..-...----- ...- '. An Ellelon Company GENERAL CONDITIONS REGULATING APPROVED ESP 1.2.1.19 SECONDARY US~S fOR ComEd's TRANSMISSION LINE RIGHTS-Of-WAY Comid. Above)." The exact locations of any prote.ctive barriers shalf be delineated on plans prepared by User and approved by CornEd. 22.0 Damage to CornEd FaciJities User shall be responsible for any damage caused to CornEd facilities and sliall be required to reimburse CornEd for the cost of repairing the d~mage. All such damage shall be promptly repqrted to the CornEd emergency number 1.800. EDISON1 (1.aOO-334-7661) as well as to the ComEd Real Estate and Facilities Department (630-576-7158). Outdoor Advertising 23.0 :' i' User shall furnish detailed plans of all proposed out~oor advertising facilities (sIgns) for.ComEd's prfor approval. Plans must show both horizontal and vertical views of User's proposed structure(s), shall clearly Indlcat~ all relevant distances to CornEd facilities, and shall specify d~slted clearances to energized conductors for safe and efficient operation and maintenance of the User's proposed facilities. All req41red permits from local munIcipalities or other govemmental agencies having Jurisdiction must be applied for by the User and copies of all such permits shall be'fumlshed to CornEd upon request. \ 24.0 Inspections User understands and agrees that ComEd o~ Its ~uthorized agents.havethe.right to enter the Jight'!of-way at any time .for inspections and/or maintenance of Its facilities. or for any other corporate purpose. . 25.0 Restoration of Property User agrees that upon completion of any work dons, he shall: (1) restore the ground to a condllion at least equal to that which existed prior to such Installation, Including but not IIm/ted to backfilling, properly tamping, reseeding, fertilizing, and mulching the surface of the ground and. If necessary, refilling and reseeding following any subs~q!-!~'1t settlement of the grouhd above any underground facilities Installed /n .orHer to maintain the drainage pattern existing Jlrlor to such installation; and (2) repair and put Into good condition. to the satisfaction of CornEd, any and all fences ~nd other Improvements and landscaping .damaged during the coUrse of the User's work. ....~. August1,2002 @ CornEd Page 11 . f ... !' t; f , L ComEde . GENERAL CONDITIONS . . . REGULATING: APPROVED SECONDARY USES FOR ComEd's TRANSMISSION LINE RIGHTS-OF-WAY ESP. 1.2.1.1'9 An ElCelon Company 26.0 Approvaf Approved: Gregory G. Schuler Director EED. Rea'. Estate and Facllilles Department Approved: Carl L. Segneri Vice President, Transmission & Substations .........1. . - .... : August 1.~2002 @) CornEd Page 12 .... _f . EXHIBIT "0" This Document was Prepared by and when recorded please retum to; Edward W. Malstrom Exelon Business Services, 49th Floor 10 South Dearborn Street Chicago, Illinois 60603 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE sets fOlth the a summary of some of the basic tenns and conditions of a certain Lease Agreement, between the pmties and for the premises identified below (the "Lease") and is intended as a memorandum for the purposes of recordation only and is not intended to and shall not modify, amend, supersede or otherwise affect the terms and provisions of the Lease: 1. The name of the Landlord in the Lease is: 2. The name of the Tenant in the Lease is: 2. The address of the Landlord as set forth in the Lease is: 4. The address of the Tenant as set forth in said Lease is: 5. The date of the Lease is 6. The description of the demised premises is as follows: 7. The term of the Lease shall conunence on Commencement Date"). (the "Rent . f~ ... 8. The term of the Lease is Date. ( ) years from the Rent Commencement IN WITNESS WHEREOF, the parties hereto have hereunto caused this Memorandum of Lease to be executed this_ day of 2007. LANDLORD: , as Trustee aforesaid BY: ITS: TENANT: GENDELL REALTY PARNERS, INC. BY: Its: STATE OF SS. COUNTY OF On this, the_ day of 2007, before me, a Notary Public, the undersigned officer, personally appeared who acknowledged himself to be of and that he as such , being authorized to do so, executed the foregoing instrument for the purposes therein contained on behalf of such corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public .~ ., . STATE OF SS. COUNTY OF On this, the_ day of , 2007, before me, a Notary Public. the undersigned office, personally appeared the of GENDELL REALTY PARTNERS, INC., a corporation. known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained on behalf of such corporation. IN WITNESS 'WHEREOF, I hereunto set my hand and official seal. Nptary Public A) {A.2 6'-0" 19'-3" . W ~ o - ...J () ::> w Co I Co co j --- --- 1 1 \ \ \ \ \ \ \ 1 \ 1 \1 i I STARBUCKS 1,700 S.F. '- -'----~\ \ \ \ \ \ \ ~ \ '------ ---.--- WOLF & EUCLID MOUNT PROSPECT, ILLINOIS --- B C 24'-0" 24'-0" ~ '/XED US 1 --EI 10,910 S.F. 1 VESTIBUL o WOLF RD. F 111[::=:5 ,--4 I f==:::i\ c=::j ----- en I to '<t 743 S.F. 10'-0" E G - -----~U'- -I-------;d-- - =-=1l11 - -1- - - - --- - / _ I I -1- ---_--~~- -c::--- ,"):(' * _ + _ _ II _ ro I e;;, ~ '<t \ I 1 " 1 \ 1 \ 1 ~ 1 \ '~ I~--- 170'-5" 24'-0" 24'-0" 24'-0" 19'-2" 6'-0" 168'-0" -+ -i j 4'-7" IEXIT STAIRCASE STL. COLUMN, TYP.~ ELEVATOR & MACHINE RM. T LOBBY ~ '- ; 09'-3"-/- - - - _-1-L/\J - ------- \ \ \ \ \ \ ------ ;,---------- --- --- --- ---- --- --- --- --- --- GROUND FLOOR ~ SCALE: 1/16"=1'-0" NORTH --- .--- --- --- --- / - / ~ --- --- --- --- TERRACO, INC. m DATE: OCTOBER 10, 2007 b I (0 b I Co ...... 2 bib I I ~ '" C'\l I'- 3 N I (o~ I' I (3.2 ~ (0 ~ to 9 (0 OKW Architects PROJECT NUMBER: 04165 WOLF RD. B C o E F G 170'-5" 24'-0" 19'-3" 24'-0" 6'-0" 24'-0" 24'-0" 24'-0" 19'-2" 6'-0" - " - --El T T " - --El I --El - .-1 -ENH c- -+- - -oj - - 1-1 I I I EXIT STAIRCASE ~ +- ~ EXIT_V2 341 S.F ~ I~~ - -i -1 STAIRCASE , II II ~I~ I I I I / ( o I (0 o I Co ...... . w ~ o ....J () => w 2 Olb I I ~ N N r-- DN I I I --El ELE~ATOR- - I --El 3 ~ (0," I (3.2 " ~ (0 (0 , in 0 I (0 --El T SECOND FLOOR ~ SCALE: 1/16"=1'-0" cfiw NORTH WOLF RD. & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. OKW Architects DATE: OCTOBER 10, 2007 PROJECT NUMBER: 04165 METAL PANELS -$ T/COPING 35'-4" ~ T/STUCCO/ 33'-4" -$ 2ND FLOOR 15'-2" ALUMINUM STOREFRONT SYSTEM -$ GRADE 0'-0" MTL. PANEL PAINTED METAL TRELLIS TENANT SIGNAGE, TYP. STEEL COLUMN ELEVATIONS WOLF ROAD & EUCLID AVE. MOUNT PROSPECT, ILLINOIS METAL PANEL TI STUCCO $- 33'-4" PREFINISHED METAL SCREEN WALL AT RTU & ELEVATOR TOWER STUCCO METAL AWNING PAINTED METAL TRELLIS LIMESTONE ALUMINUM STOREFRONT SYSTEM SOUTH ELEVATION SCALE: 1/16"=1'-0" PREFINISHED METAL SCREEN WALL AT RTU & ELEVATOR TOWER ALUMINUM STOREFRONT SYSTEM PREFINISHED METAL PANELS 'li'~[1\I]&[1\I]'li' 'li'~[1\I]&[1\I]'li' 'li'~[1\I]&[1\I]'li' 'li'~[1\I]&[1\I]'li' PAINTED METAL TRELLIS 81 STUCCO $- 10'-0" STUCCO STEEL COLUMN ALUMINUM STOREFRONT SYSTEM WEST ELEVATION SCALE: 1/16"=1'-0" TERRACO, INC. cfiw DATE: OCTOBER 10, 2007 OKW Architects PROJECT NUMBER: 04165 ALUMINUM STOREFRONT SYSTEM T/RTU SCREEN 36'-4" PREFINISHED METAL SCREEN WALL AT RTU & ELEVATOR TOWER \ ~ . ..-. ....-..-- ...-...-. ...---- / I ./ MI I \ " I ii / I / / , 30'-4" ~ 11III :11 ! II II II II II ~ JD IDr J ~ /l?& ~[IDru: ~~@ U~[}:[ ~[KI]u TI ~[KI]&[KI]u U~~&[KI]U Al NT u~[KI]&[KI]u u~[KI]&[KI]u S' i II , I II '" b = b ~ ~ \ bd 1/ 'DD ~ V [d n / DO " / '\ \ '\ / ~ L 1\ '\ ,> ~ L / ~ - 1c:::J " ~C:=JD c::=:J '- ......... PAINTED METAL TRELLIS ITDDD u~[KI]&[KI]u ~ TITRELLlS 22'-4" ~ 2ND FLOOR 15'-2" -$ GRADE 0'-0" ALUMINUM STOREFRONT SYSTEM PAINTED METAL TRELLIS NORTH ELEVATION SCALE: 1/16"=1'-0" ME -$ T/STUCCO 33'-4" PAINTED METAL TRELLIS -$ T/STOREFRO 10'-0" -$ GRADE 0'-0" STEEL COLUMNS ALUMINUM STOREFRONT SYSTEM STEEL COLUMNS EAST ELEVATION SCALE: 1/16"=1'-0" ELEVATIONS WOLF ROAD & EUCLID AVE. MOUNT PROSPECT, ILLINOIS TERRACO, INC. TI STUCCO $- 30'-4" STUCCO 81 STUCCO $- 10'-0" TENANT SIGNAGE $- TENANT SIGNAGE, TYP, STEEL COLUMNS m DATE: OCTOBER 10, 2007 L SCREEN WALL R TOWER UMINUM STOREFRON STEM PAINTED METAL TRELLIS OKW Architects PROJECT NUMBER: 04165 \ \ \ \ \ \ \ \ \ ~~ 'O\~ '~o ,\~ \ \ \ \ \ \ 4 ACRU 185VIMI 18 JUSA 7 SPBU 30 PAVI ~\\ ~\\ \ \ \ \ \ \\ \ \ \ \ \ ,..> \ \ " C(b\ \ \ ,.~.\ \ \\\\ \ ' \ \ \ , \ \ \ ~ \ \ \ \ \ 35 EUFO I 95 VESP 200 RUSP 3 MAPR 200 LESU 2 GLTR 300 EUFO a "{ () ct WALL LAWN 12 JUCH 9 SPAW k. -J () S LAWN 11 JUCH 11 SYPA 7 JUCH 3 FRAM 7 SPAW LAWN WALL 5 EUAL 13 JUCH LAWN L A VENUE EUCLID , , , \ \ , LANDSCAPE PLAN 0 SITE DATA PLANT NOTES 1. THE EXISTING SITE INFORMATION WAS PROVIDED BY OTHERS. THE LANDSCAPE ARCHITECT AND SITE CONSULTANT MAKE NO REFERENCE TO THE ACCURACY AND COMPLETENESS OF THE EXISTING CONDITIONS. THE CONTRACTOR SHALL VERIFY ALL EXISTING SITE CONDITIONS INCLUDING UTILITIES. SCALE: 1 "=50'-0" NORTH VEHICULAR USE AREA: REQUIRED INTERIOR PLANTINGS: PROVIDED INTERIOR PLANTINGS: PLANT LIST QUAN. SYMBOL BOTANICAL NAME SIZE COMMON NAME SHADE TREES ACSA ACER SACCHARUM 'GREEN MOUNTAIN' ACRU ACER RUBRUM 'FRANKSRED' FRAM FRAXINUS AMERICANA 'AUTUMN PURPLE' GL TR GLEDITSIA TRIACANTHOS X IN ERMIS 'SKYLINE' GYDI GYMNOCLADUS DIOICUS 'ESPRESSO' ULMO ULMUS MORTON GREEN MOUNTAIN SUGAR MAPLE RED SUNSET MAPLE AUTUMN PURPLE ASH SKYLINE HONEYLOCUST KENTUCKY COFFEETREE ACCOLADE ELM 2.5'BB 2.5'BB 2.5'BB 2.5'BB 2.5'BB 2.5'BB ORNAMENTAL TREES \ \ \ \ \ \ \ \ \ \ \ \ \ \ 2 FRAM / , \ 6MAPR \ \ \\\ \ , \ \ \ ~ \-\~ 51,486 S.F. 2,574 S.F. (5%) 2,936 S.F. (5,7%) 26 MAPR MALUS 'PRAIRIEFIRE' PRARIEFIRE CRABAPPLE 8' HT.BB. 2. ALL PLANTS SHALL BE REVIEWED AND APPROVED BY THE OWNER AND/OR THE PROJECT LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. EVERGREEN SHRUBS 74 168 JUCH JUSA SEA GREEN JUNIPER ANDORRA COMPACT JUNIPER 24' WIDTH BB 24' WIDTH BB 3. ALL GENERAL LANDSCAPE AREAS SHALL HAVE A MINIMUM 6" COMPACTED DEPTH OF TOPSOIL. JUNIPERUS CHINENSIS 'SEA GREEN' JUNIPERUS SABINA 'BROADMOOR' DECIDUOUS SHRUBS 32 44 87 68 EUONYMUS ALATUS 'COMPACTUS' SPIRAEA X 'GOLDMOUND' SPIRAEA X BUMALDA 'ANTHONY WATERER' SYRINGA PA TULA 'MISS KIM' DWARF BURNING BUSH GOLDMOUND SPIREA ANTHONY WATERER SPIREA MISS KIM LILAC 36'BB 24'BB 24'BB 36'BB 4, ALL LANDSCAPE BEDS SHALL CONTAIN 3" HARDWOOD BARK MULCH. EUAL SPBU SPAW SYPA GROUNDCOVER 1991 658 EUFO VIMI EUONYMUS FORTUNEI'COLORATUS' VINCA MINOR 'EMILY JOY' PURPLE LEAF WINTERCREEPER WHITE FLOWERED PERIWINKLE 3' POTS 3' POTS 5. ALL LANDSCAPING SHALL BE IN ACCORDANCE WITH VILLAGE ZONING CODES. GRASSES & PERENNIALS 6, ALL LANDSCAPING SHALL BE WATERED BY A PERMANENT UNDERGROUND IRRIGATION SYSTEM. 7, LANDSCAPE PLAN IS CONCEPTUAL AND IS INTENDED FOR REVIEW PURPOSES ONLY. NOT FOR CONSTRUCTION. 290 922 30 1206 195 HEPP LESU PAVI RUSP VESP HEUCHERA X 'PALACE PURPLE' LEUCANTHEMUM X SUPERBUM PANICUM V1RGATUM 'HEAVY METAL' RUDBECKIA SPECIOSA 'VIETTE'S LITTLE SUZY VERONICA SPICATA 'ROYAL CANDLES' PALACE PURPLE CORAL BELLS SHASTA DAISY HEAVY METAL SWITCH GRASS DWARF ORAGE CONEFLOWER ROYAL CANDLES VERONICA 12' O.C. 1 GAL. 12' O.C. 1 GAL. 24' O.C. 1 GAL. 12' O.C. 1 GAL. 12' O.C. 1 GAL. ~ COMED ROW DEVELOPMENT MOUNT PROSPECT, ILLINOIS TERRACO INC. DATE: 10.10.2007 Otis Koglin Wilson Architects PROJECT NUMBER: 04165 4 ACRU --- 1~::'" =-." 7 Sl'lIU 30 PAVI -t\' \' -.... ' .. ~ \ \ \ \ ~, \ \ \ \\\\ \ \ .' \ \ \ ^ 'I' ,'" \ \ " ~\ .~ VCll, \\ \c;;J.\ '~ '\ \ \ I 'I , \ , \ \ 300 EUfO~ II, ' ,12 JUSA \ jlLW'l\ \ \ \ \ \ a ~ o 0::: \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 95VESP -.----. 200 RUSP -- 3 MAPA -...--. 200 LESU __ 2 GlTR '"' 300 EUfO I ~\~ 'O\~ '~o , \~ \ '"" \ \ \ \ \ \ \ L... "" o S \ '\ \ '\ \ LAWN 11 JUCH 11 SYPA - \ \ \ \ \ 7 JUCH ./ 3 FRAM 7 SPAW LAWN \ \ WALl ..-- 5 EUAl 13 JUCH EUCLID A VENUE \ \ \ \ \ \ \....\\ . , \ \. \ . 0\ LANDSCAPE PLAN \1",;;7 SCAlE: 1-=50'-0- NORTH SITE DATA VEHICUlAR USE AREA: REQUIRED INTERIOR PLANTINGS: PROVIDED INTERIOR PLANTlNGS: 51,486 S.F. 2.574 S.F. (5%) 2.936 S.F, (5.7%) PlANT LIST PLANT NOTES 1. THE EXtsTlHG SITE INFORMATION WAS PROV1OED BY OTHERS. THE LANOSCAPE ARCHtTECT AND StTE CONSULTANT MAKE NO REFERENCE TO THE ACCURACY AND COMPLETENESS OF THE EXISTING CONOtTlONS. THE CONTRACTOR SHAlL VERIFY AlL EXISTING SITE CONDITIONS INCLUDING UTILITIES. 2. ALL PLANTS SHALL BE REVIEWED AND APPROVED BY THE OWNER AND/OR THE PROJECT LANDSCAPE ARCHITECT PRIOR TO INSTALLATION. QUAN. SYMBOl COMMON NiWl! SIZE 80TNltCAL NAME e 7 7 5 2 4 SHADE TREES N:;SA AC!RSACCHARUM 'GAI!l!N MOUNTAIN' ACRU ACER RUBRUM 'FfWIIKSRED' FRAM FIWCINUSAMERICANA 'AlJ'T\Mrl ~E' Gl. TR GLEDll$IA TRIACNITHO$ X INERMIS 'SKY\.IIIE' OYDI GYMNOCIJIDUS 0I0ICU8 'ESPRESSO' UlMO UlMUS MORTON ORNAMENTAl TREES 2E III 2.5". 2E. 2$ .. U'. 2$ .. GN!l!N MOlNTMl SUGAR MN'I.! RED SUNSeT WoP\.E AUTUtMl"UN'lE ASH $K\1.INE HONEYLOCU$T KI1NTUCKY COfFEETREE ACCOlADE ElM 28 MAPA r.w.US'l'lWRlEFlRE' EVERGREEN SHfW8S ..-EFlllE CRMN'f'LE .. HT". 74 1M JUCH JUNll"I!RUS CHINEHSIS 'SeA GIlEEN' JUSA JUNIPERUS SABINA 1IAOADUOOR' DECIDUOUS SHRUBS SEA GREEN JUNIPER ANDORRA COW'ACT JlNPER 2..WlDTH. 24' WIDTH 8B 3. ALL GENERAl LANDSCAPE AREAS SHALL HAVE A MINIMUM 6- COMPACTED DEPTH OF TOPSOil. 32 44 &7 ee EUAl ElJON'IMUS AtATUS 'COMPACTUS' Sl'lIU SPIRAEA X 'GOlDMOUND' SPAW SPIRAEA x..-.o.t\'ANTHONY WATERER' SYPA SYRINGA PAl1JlA 'MISS KIM' GROUNOCOVER 0WARf BURNING lUSH GOlI:lMCItN) SPIREA ANTHONY WATEIlER SPIREA MISS KIM LILAC :W88 24'" 24' 88 .... 4. ALL lANDSCAPE BEDS SHALL CONTAIN 3- HARDWOOD BARK MULCH. 5. AU lANDSCAPING SHAlL BE IN ACCORDANCE WITH VILLAGE ZONING CODES. 1991 &sa I!UFO VlMl I!UOH'l'IolU8I'OR'1'l.N!I 'COl0RATUS' VINCA UN)R'EMl. y JC1'(' ..uAI'll! lEAF WlNTERCRl!1!I"I!1'l WHITE FlOWEREOPE-.e 3" I"OTS 3"POTS GRASSES & PERENNIALS 6. ALllANOSCAPING SHAll BE WATERED BY A PERMANENT UNDERGROUND IRRIGATION SYSTEM. 2lIO 922 30 1:lOll 195 HEUCtERA X 'PAlACE PURPlE' LElICANTHEMUM X SlJIIIERBlAt PANICUM VlRGATUM 'HEAVY METAl' RUDIlECKIA SPECIOSA'VlETTE'S umE SUZ'I' VERONICA SPlCATA 'ROYAl CANDlES' PAlACE ~E CORAl BELLS SHMTAMlSY HEAVY METAl SWITCH GRASS DWARF OMGE CONEFLOWER ROYAl CANDlES VERONICA 12" O.C. 1 GAL 12" O.C. 1 GAL 24' O.C. 1 GAL. 12"O,C.l GAL 12"O,C.l GAL 7. lANDSCAPE PLAN IS CONCEPTUAL AND IS INTENDED FOR REVIEW PURPOSES ONLY. NOT FOR CONSTRUCTION. HEPP LESU PAVI RUSP VESP COMED ROW DEVELOPMENT MOUNT PROSPECT, ILLINOIS TERRACO INC. ~ Otis Koglin Wilson Architects MTe 10.10.2007 PROJECT NUMBER: 04165 6. I 8 I I I I I I I I I I 44 -54 '13- W 2'.41' FOR ADDITIONAL INFORMATION ON LOT 2 LINE) Approxfm.". Loc.tlon of Northwest W.ter Commission W.t.r Tr.nsm/s.Jon H.ln E...m.nt \ \ \ \ \ \ \ \ \ \ \ t N Scale: 1" = 50' !I .R \1 .R !l~ ~ - +- - - - - - -- - LOT 1 SITE DATA: SITE AREA: 2.16 AC. CLIENT: ARCHITECT: BUILDING AREA: 2 FLOORS 23,216 S.F. 62,778 S.F. 65.89% ,.,<'''-;('' "~ PARKING SPACES: 126 SPACES (INCLUDES 5 HC STALLS) 5.43/ 1,000 S.F. 1E c&YJ Otis Koglin Wilson Architects LOT COVERAGE: PARKING RATIO: Real btat~~ PO\"l*)pmfjnt So ~,'t~1rli)fWI1HH'11 VEHICULAR USE AREA: 50,778 S.F. 2,539 S.F. (5%) 2,936 S.F. (5.7%) 3.38 AC. SITE PLAN WOLF RD AND EUCLID AVE TERRACO MOUNT PROSPECT, ILLINOIS HAEGER ENGINEERING LOT 2 SITE DATA: SITE AREA: consulting engineers land surveyors 1300 Plum Grove Rood, Schaumburg, Il60173 . Tel: 847.394.6600 Fcnt: 847.394.6608 www.hoegerengineering.com BUILDING AREA: No Buildings Proposed Project Manager: T A S Engineer: E A S Sheet 1 Date: 09/17/07 Project No. 04-226 CA /1 Plot Dote: Sep 17,2007 - 2:22pm Plotted By: todd-s Layout: SITE PLAN 11X17 File Name: DOHe-oneOprojed files020040042260Cod CA004226-SL.01.dwQ @2006Hoego,Engl.-..g,LLC r ~ ~ L L l ~ r r ~ ~ ~ ~ L L ~ r r ~ ~ ~ b L L ~ r r r . ~ L " .D- . \~ \*' \\~ \ \ I \ I \ \ \ I" 0,0 \ 0.0 \, I" '.0 00 \, \ ''\ \ \ \ \ \ \ \ \ 0.' '.0 I' ,~ 0.0 \ 0,[1 6, I I'" ro I' l' po p' 0,0 \0.0 \, o~ 0,0 \ 0.0 \ '\ ''\ b, I I' I' o 0.0 \ 0.0 \0 ,~ f,Q I' I' L I " I' ,., " oW 161 " I " IIJ ~t=15 I' l" ~O q.' do J, I, I r l' 0' I ,., I \' q' I. ", \ \ \ \ \ 'I \ \ \ \ \ \ \ \ \ ------------ . --\-- -----.--- r---------- ~ . I . I \ I \ \\ \ .... \ \,~ ". LUf'linoire Schedule SYrlbOI Dty -EJ -EJ TI TI NUr-leric SUf'll'lory Lobel ColcPi:s Stotistico.l Area Sur'\!'lory Label PARKING Lobel ArrongeME'nt FitenoMe Mounting Ht SINGLE L5060NKP.ies 15' SINGLE L5209NKP,iE's 15' SINGLE \.IDI4-4-175M,ies 15' SINGLE L10184.I02's 15' LUMens LLF Description 13600 0.720 NK2-H17-VS-F 13600 0,720 NK2-H17-V2-F -HS 12800 0.720 'WD14x4 _175MHxxx_xx 9000 0.720 LMC-100P ~P1 ~p PtSpcTb 10 Units Fe Gro.phic Sccde 30 15 30 60 \. THIS LIGMTlNli DEIGN IS BASED I)!j Ll~lTU lNFrRMATID'I SUPPUl:O BY OTHERS TIl HUBBEU L[QjTING- SHE DETA[U PROVIDED HEREON APE REPPODUCED ONLY AS A VISUAl..lZATIDN AID. FIELD DEVIAT![I'lS MAY ~~~~C~~~:F~~~~~~~t~E~:=~~~JiC/PIlIP TD INSTALlATIaI, CRITICAL SlIT ItI"DRIlATlDN (P[LE lOCATIONS, OPlLNTATUIN, M[JjNTI~ !-EIGHT, Ere.> SIOJI..D 8E COORDINATElI \11TH TI< CllNTPACTIII 2. lUMINAIRE DATA IS TESTED TD INDOST1H STANDAPDS lNOCP lAIlDPATDRY ClINDITWm. llPCRATlNG VOlTAGE AND NOPl1AL MANUF"ACTURING TOI....EPANCES ~ LAMP. BALLAST, ANII ~INAIPE IlAY AfTECT FIELD RESUlTS. _ - ~ CCN'lIPMAfl.:E TO FAClllTY ceDE AND OTHER lOCAL PEQUIPOt[NlS IS THE P[SPIl'ISIBllITY If" THE e\lNEP AND/lJl' TIE ll\lN[P'S PEF'PESENlATlVL VTSEDFIllJ<DPAIIIOlilU<1I0l(S). ,,%c\~ ~ 180. ~~E~~ HuI,l,.,llllghtlr.g,Ir>c 701"lllE~IlfoIBLVD GPEENVIllE,SC 29607 0736464 SITE LIGHTING 30' 736350 736410 ALU I,.,IOLF & EUCLID RD MT PROSPECT, IL ~ ~ 60 30 60 120 , P.I.N. No. 03-25-300-011 03-25-300-014 03-25-300-016 PRELIMINARY PLAT OF SUBDIVISION \ , \ \ , ~ ~ 50' \ \ 1 , \ , \ , \ \ ~ ~ c .0 ] ~ 111\,;. ~ \~ ~ ~ ~ \\~ ~ \~ ~ \'i- ~ \\ ~ o \'. - \~:~ \ ~ '1; OF GENDELL WOLF & EUCLID 1. , \ \ , \ , \ , \ \ \ \ \ \ \ \ \ \ \ , \ \ , \ , \ \ o . ~~ -'" ~:o . < ~~ ~~ ,!,"I .\!! f. '(jg ~~ . ~ ~ ~ i P"rf or P.n~1 ~ 2 5' Public UfllHy Easement . ~ r c . ~ ~ , , I ~ f J..' ~ ~ ..u, i~ I ~ U S' Public Ufilffy Euement PlIrtof Parc,,13 A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EASEMENT PROVISIONS AN EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATIONS SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY ANO AMERJTECH IlliNOIS AKA ILLINOIS BEll TELEPHONE COMPANY, GRANTEES, ANO THE VILLAGE OF MOUNT PROSPECT,IWNOIS, THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS JOiNTlY AND SEVERALLY, TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN, MODIFY, RECONSTRUCT, REPLACE, SUPPlEMENT, RELOCATE AND REMOVE, FROM TIME TO TIME, POLE GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, TRANSFORMERS, PEDESTAlS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION lMTH OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNAlS IN, OVER, UNDER, ACROSS, AlONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR DOTTED LINES (OR SIMILAR DESIGNATION) ON THE PLAT AND MARKED "EASEMENT", .UTlLllY EASEMENT", .PUBLlC UTILITY EASEMENT", .P.U.E.. (OR SIMILAR DESIGNATION), THE PROPERTY DESIGNATED IN THE DEClARATION OF CONDOMINIUM ANOIOR ON THIS PLAT AS .COMMON ELEMENTS", AND THE PROPERTY DESIGNATED ON THE PLAT AS .COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND AlLEYS, lMiETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHTS TO INSTAlL REQUIRED SERVICE CONNECTIONS OVER OR UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE IMPROVEMENT THEREON, OR AN ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO Cl1T, TRIM OR REMOVE TREES, BUSHES, ROOTS AND SAPliNGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDMDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PtACES OVER GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERlY WITHIN THE DASHED OR DOTTED LINES (OR SIMILAR DESIGNATION) MARKED -EASEMENT", .UTlLITY EASEMENT", "PUBLIC UTILITY EASEMENT", "P.U.E,- (OR SIMILAR DESIGNATION) WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF />J:of'{ SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SHALl NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM .COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE .CONDOMINIUM PROPERTY ACT", CHAPTER 765ILCS 605I2(C), AS AMENDED FROM TIME TO TIME. THE TERM -COMMON AREA OR AREAS. IS DEFINED AS A LOT, PARCEL OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN \oWiOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHER'MSE DESIGNATED ON THE PLAT BY TERMS SUCH AS .OUTLOTS", .COMMON ELEMENTS", .OPEN SPACE", .OPEN AREA", .COMMON GROUND", -PARKING- AND .COMMON AREA.. THE TERM "COMMON AREA OR AREAS., AND .COMMON ELEMENTS" INCLUDE REAl PROPERlY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL., RETENTION POND OR MECHANICAL EQUIPMENT, RELOCATION OF FACIUTlES WILL BE DONE BY GRANTEES AT COST OF THE GRANTOR/LOT OWNER, UPON V\lRITTEN REQUEST. AN EASEMENT IS HEREBY GRANTED, ON THE SAME TERMS AND CONDITIONS AS THE EASEMENT GRANTED ABOVE, TO AMERITECH, TO TELENOIS INC, DBA AT&T CABLE SERVICES GROUP DULY AUTHORIZED BY THE VILLAGE TO PROVIDE CABLE TELEVISION SERVICE. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO NORTHERN ILLINOIS GAS COMPANY (NICOR GAS), ITS SUCCESSORS AND ASSIGNS, IN ALL PLATTED .EASEMENT" AREAS, STREETS, ALLEYS, OTHER PUBLIC WAYS AND PLACES SHOWN ON THIS PLAT, SAID EASEMENT TO BE FOR THE INSTAlLATION, MAINTENANCE, RELOCATION, RENEWAl AND REMOVAl OF GAS MAINS AND APPURTENANCES FOR THE PURPOSE OF SERVING ALL AREAS SHOWN ON THIS PLAT AS WELL AS OTHER PROPERTY, WHETHER OR NOT CONTIGUOUS THERETO. NO BUILDINGS OR OTHER STRUCTURES SHALL BE CONSTRUCTED OR ERECTED IN ANY SUCH .EASEMENT' AREAS, STREETS, ALLEYS, OR OTHER PUBLIC WAYS OR PLACES NOR SHALL Mf'( OTHER USE BE MADE THEREOF WHICH WILL INTERFERE WITH THE EASEMENTS RESERVED AND GRANTED HEREBY. COMMOf\IWEAL TH EDISON COMPANY EASEMENT APPROVED AND ACCEPTED BY, DATE' TITLE: AMERlTECH ILUNOIS EASEMENT APPROVED AND ACCEPTED \ BY' \TITLE: OATE:_ I ~I " 50' ~i 50' TELENOIS INC. DBA AT&T CABLE SERVICES GROUP EASEMENT APPROVED AND ACCEPTED BY: DATE: TITLE: NORTHERN IWNOIS GAS (NICOR GAS) EASEMENT APPROVED AND ACCEPTED BY: OATE \ Area Table Square Feet Lol1 94,085 lol2 147,425 Total 241,510 Acres 2.15989 3.38441 5.54430 \ \ ~ \ \ ~ \ ~ \ \~ \ ~B~&~N'W \ - - z...- - N-'ni'5,C.-.;- 4 ".90"R) - - AVEi:1-\--- - ~ -- - \- - -- South line of the W 1/2 of the NW 1/4 of Sectfon 25-42_11 e \ \ \ . ~ \ \ \ lIrr------------------------------ -j* \ \ OWNER I ENGINEER DRAINAGE CERTIFICATE VILLAGE ENGINEER STATE OF ILLINOIS) )SS COUNTY OF COOK ) APPROVED BY THE VILLAGE ENGINEER OF THE VILLAGE OF MT. PROSPECT, COOK COUNTY,llUNOIS, STATE OF ILLINOIS) ) SS, COUNlY OF COOK ) TO THE BEST OF OUR KNO\rVLEDGE AND BELIEF, THE DRAINAGE OF SURFACE WATERS WIll NOT BE CHANGED BY CONSTRUCTION OF SUCH SUBDIVISION OR ANY PART THEREOF, OR, THAT IF SUCH SURFACe WATER DRAINAGE WILL BE CHANGED, ADEQUATE PROVISION HAS BEEN MADE FOR COLLECTION AND DIVERSION OF SUCH SURFACE WATERS INTO PUBLIC AREAS OR DRAINS WHICH THE SUBDMDER HAS THE RIGHT TO USE, AND THAT SUCH SURFACE WATERS WILL NOT BE DEPOSITED ON THE PROPERTY OF ADJOINING lAND OWNERS IN SUCH CONCENTRATIONS AS MAY CAUSE DAMAGE TO THE ADJOINING PROPERlY BECAUSE OF THE CONSTRUCTION OF ,THE SUSDIVISION. DATED: THIS_DAY OF ,20_ VILLAGE ENGINEER (OWNER) BY' ATTEST BY , (TITLE) (TITLE) ~,\\,,~'~I~'Wtt,/,. ~?:;~:~~1::~~ ~ i REGISTE:RED \~ ~ = i PROFESSIONAL i = \ *, ENGINEER ~ j ~ .......!!!.../ ~ ~'./. Il L 'NO\':. ~~ llt"'IIII""\: ILLINOIS REGISTERED PROFESSIONAL ENGINEER NO. 55417 ~,\\"'~':'~~'I',;/: ~-::""\;,,..."...'.(4':~ S'-?~MICHAEL E:.,:J-~ &* FARRELL '\ *= 5;g 035-2639 :g! S~\ SCHAUMBURG, lCS \<j.~,ILUNOIS .:%~~ ~~O.tA.rr~;\~ ~# 111",...",,\\: EXPIRES 11-30-06 NOTE 1. The Basis For The Bearings Shown Hereon Is Assumed. 2. The Descriptions for Parcels 1 and 2 have been revised from the original descriptions supplied to the Surveyor EXPIRES 11-30-07 NORTHWEST WATER COMMISSION CERTIFICATE STATE OF ILLINOIS) )SS COUNTY OF COOK ) THIS PLAT OF SUSDIVISION IS APPROVED AND ACCEPTED BY THE NORTHWEST WATER COMMISSION. THIS DAY OF ,20_ BY: CHAIRMAN ATTEST: VICE CHAIRMAN IWNOIS AMERICAN WATER COMPANY EASEMENT PROVISIONS AN EASEMENT IS HEREBY GRANTED TO THE ILLINOIS AMERICAN WATER COMPANY AND THEIR "SUCCESSORS AND ASSIGNS, OVER, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN ON THE ANNEXED PLAT AND MARKED .PUBlIC UTILITY EASEMENT" TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAtNTAlN UNDERGROUND WATER MAINS WITH ALL NECESSARY MANHOlES, WATER VALVES, AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE HEREON CAPTIONED PROPERTY AND OTHER PROPERTIES WITH WATER SERVICES: THE RIGHT TO ENTER UPON THE LAND AT ALL TIMES TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN WITHIN SAID EASEMENT AREA SAID WATER MAINS, MANHOLES, WATER VALVES AND OTHER EQUIPMENT; AND FINALLY THE RIGHT !S HEREBY GRANTED TO CUT DOVIIN AND REMOVE OR TRIM AND KEEP TRIMMED ANY TREES, SHRUBS, OR SAPliNGS THAT INTERFERE OR THREATEN TO INTERFERE WITH ANY OF THE SAID PUBLIC UTILITY EQUIPMENT. ALL INSTALLATIONS SHALL BE UNDERGROUND OR ON THE SURFACE, BUT NOT OVERHEAD. NO PERMANENT BUILDINGS OR STRUCTURES SHALL BE CONSTRUCTED, ERECTED OR PLACED IN ANY SUCH EASEMENT AREA VVHICH WILL INTERFERE WITH THE USE Of THE EASEMENT, BUT THE SAME MAY BE USED FOR DRIVEWAYS, SHRUBS, LANDSCAPING AND OTHER PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID USES OR THE RIGHTS GRANTED HEREIN APPROVED AND ACCEPTED THIS DAY OF ,A.D. 2007 ILUNOIS AMERICAN WATER COMPANY BY: (TITlE) ILLINOIS DEPARTMENT TRANSPORTATION CERTIFICATE This plat has baen approved by the Illinois Department of Transportation with respect to roadway aceess pursuant to Paragraph 2 of "An Act to revise the law in relation to plats," as amended. A plan that meets the requirements contained In the Departmenfs 'Policy on Permits for Access Driveways to State Highways. will be requIred by !he Department Dated AD 20_ DistrlctEngineer COUNTY HIGHWAY CERTIFICATE STATE OF IlliNOIS ) )55 ) FURTHER CERTIFIES TO THE BEST OF ITS KNOWlEDGE, THE PROPERlY DESCRIBED HEREON LIES WITHIN THIS PLAT HAS BEEN APPROVED BY THE COOK COUNTY HIGHWAY DEPARTMENT WTH UNIT SCHOOL DISTRICT AND DISTRICT _' RESPECT TO ROADWAY ACCESS PURSUANT TO 765ILCS 20512. HOVVEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK COUNTY HIGHWAY DEPARlMENT IS REQUIRED BY THE O'oJ\ot..IER Of THE PROPERlY FOR THIS ACCESS BY (TITLE) PARCEL 3 THAT PART OF THE VIlEST HALF OF THE NORTH\M:.ST QUARTER OF SECTION 25, TO'oM'iSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, L YlNG EASTERLY OF A LINE WiICH IS 210 FEET WESTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE V\oESTERLY RIGHT-OF-WAY LINE OF THE. CANADIAN NATIONAl RAILWAY (FORMERLY THE WSCONSIN CENTRAL RAILROAD) AND VVESTERLY OF SAID \r'II2STERLY RIGHT-oF.WAY LINE OF THE CANADIAN NATIONAL RAILWAY (FORMERLY THE VlASCONSIN CENTRAL RAILROAD). (EXCEPTING THAT PART THEREOF FAlliNG IN 't.OLF ROAD AND THAT PART THEREOF FALLING IN EUCLID AVENUE) IN COOK COUNTY, ILLINOIS DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF AND ARE CORRECTED TO A TEMPERATURE OF 66 DEGREES FAHRENHEIT, I DO HEREBY FURTHER CERTIFY THAT, CONCRETE MONUMENTS, AS SHOWN, AND IRON PIPES AT All LOT CORNERS AND POINTS OF CHANGE IN ALIGNMENT, HAVE BEEN SET AS REQUIRED BY THE PLAT ACT (765 ILCS 20510.01 ET SEQ.). THIS IS TO FURTHER CERTIFY THAT THE lAND INCLUDED IN THE ANNEXED PLAT IS WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF MT. PROSPECT, COOK COUNlY, ILUNOIS, W'HICH HAS AN OFFICIAL COMPREHENSIVE PLAN AND IS EXERCISING THE SPECIAL POIfoJERS Al1THORIZED BY THE STATE OF ILLINO!S ACCORDING TO 65 ILCS 5/11-12.6 AS HERETOFORE AND HEREAFTER AMENDED. THIS IS TO FURTHER CERTIFY THAT BASED ON INFORMATION PROVIDED ON THE FLOOD INSURANCE RATE MAP COMMUNllY - PANEL NO, 17031 C 0208 F DATED NOVEMBER 6, 2000 PRODUCED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMAj FOR COOK COUNTY, ILLINOIS, THE PROPERTY SHOWN AND DESCRIBED HEREON IS lOCATED WITHIN ZONE AE, WHICH IS DEFINED BY FEMA AS "SPECIAl FLOOD HAZARD AREAS, BASE FLOOD ELEVATION DETERMINED" AND ZONE X, WHICH IS DEFINED BY FEMA AS "AREAS DETERMINED TO BE OUTSIDE 500.YEAR FLOODPLAIN" :~~M~~~~~~~~~ O~~,:giIC~~~~~I~LET~O ~~Ng~~~~~v~;,L~OIS SEND SUBSEQUENT TAX BILLS TO: SCHAUMBURG, ILLINOIS September 27, 2006 COUNTY OF COOK APPROVED THIS_DAY OF ,A.D., 20_. ~I \ ~I 1 \ i\~ \ ~ 1~ \1 I~ ~l \\ jc:o nO .... ."';Q~.. ~ ~~ ~~ f 'l~ ~~ 9"! \ III \ ~r- \ \ ~~ \ ;t Ii' \Xi ~~ o~ 0..\ ~c ~ ~;\ '- ~ :t ~. \ ~ ~ ~f \ toO If. "''' ~~ 'l. '"'~ ~ ~ ~~ \ ~~ \ \ ~ I \.t'- t "' PI'''' ~ ~\ ~ \ \; 1, I \ f.. o:a-QJ 1'"',("'\ ... ~.!> \ ':I' H~~. \.~\ ~ -- \\ tII IC6.C5'IH&RI \ ~I"'I II pom,,) "\ ~ ,." \~ \ .1 (J:;~ft~~';:::PT~;,.lJ~~1~~~;d ~\~ ... t~:a;~, 1Ji. ;::~86. ~ \ COOK COUNTY SUPERINTENDENT OF HIGHWAYS STATE OF ILLINOIS) ) SS; COUNTY OF COOK ) I, MICHAEL E. FARRELL, AN ILL1NOIS PROFESSIONAL lAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED AND SUBDMDED THE FOLLOWING DESCRIBED PROPERTY' PARCEL 1 THAT PART OF THE WEST HALF OF THE NORTtMlEST QUARTER OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAl MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 25, WITH A LINE 50 FEET EAST OF AND PARALLEllJ\llTH THE WEST LINE OF SAID SECTION 25: THENCE NORTH 00 DEGREES 15 MINUTES 32 SECONDS WEST (WITH THE BASIS FOR THE BEARINGS BEING ASSUMED) ALONG SAID LINE 50 FEET EAST OF AND PARAllEL WITH THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING FOR THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUING NORTH 00 DEGREES 15 MINUTES 32 SECONDS WEST ALONG SAID LINE 50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAlD SECTION 25, SAID LINE BEING ALSO THE EAST LINE OF WOLF ROAD, A DISTANCE OF 120.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32 MINUTES 54 SECONDS EAST ALONG A STRAIGHT LINE, A DISTANCE OF 106.05 FEET TO A POINT ON A LINE WHICH IS 210 FEET WESTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE WESTERLY RIGHT-OF-WAY UNE OF THE CA~DIAN NATIONAl RAILWAY (FORMERLY THE WISCONSIN CENTRAL RAILROAD), SAID LINE BEING ALSO THE WESTERLY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH 18 DEGREES 20 MINUTES 41 SECONDS EAST (MEASURED) ALONG SAID WESTERLY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY, A DISTANCE OF 147.85 FEET TO A POINT ON A LINE 50 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 25, SAID LINE BEING ALSO THE NORTH LINE OF EUCUD AVENUE; THENCE NORTH 89 DEGREES 32 MINUTES 54 SECONDS VIlEST ALONG SAID NORTH LINE OF EUCLID AVENUE, A DISTANCE OF 131.85 FEET TO A POINT; THENCE NORTH 44 DEGREES 54 MINl1TES 13 SECONDS WEST ALONG A STRAIGHT LINE, SAID LINE BEING THE NORTHEASTERLY LINE OF A PARCEL TAKEN FOR ROAD WAY PURPOSES, A DISTANCE OF 28.46 FEET TO THE POINT OF BEGINNING, IN COOK COUNlY, ILLINOIS. OTHERWISE DESCRIBED AS LOT 1 IN ROBERT JOSEPH SUBDIVISION, UNIT NUMBER TWO, RECORDED JANUARY 10, 1979 AS DOCUMENT NO. 24796786, iN COOK COUNTY, ILLINOIS PARCEL 2 THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERJDIAN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE 50 FEET NORTH OF AND PARAlLEL WITH THE SOl1TH LINE OF SAID SECTION 25, WITH A LINE 50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 25; THENCE NORTH 00 DEGREES 15 MINUTES 32 SECONDS WEST (WITH THE BASIS FOR THE BEARINGS BEING ASSUMED) ALONG SAID LINE 50 FEET EAST OF AND PARAllEL WITH THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 140.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN ROBERT JOSEPH SUBDIVISION, UNIT NUMBER TWO, RECORDED JANUARY 10, 1979 AS DOCUMENT NO. 24796786, SAID NORTHWEST CORNER BEING ALSO THE POINT OF BEGINNING FOR THE PARCEL OF lAND HEREINAFTER DESCRIBED; THENCE CONTINUING NORTH 00 DEGREES 15 MINUTES 32 SECONDS WEST ALONG SAID LINE 50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECllON 25, SAID LINE BEING THE EAST LINE OF VIfOLF ROAD, A DISTANCE OF 161.22 FEET TO A POINT OF CURVE IN SAID EAST LINE OF WOLF ROAD; THENCE CONTINUING NORTH ALONG SAID EAST LINE OF WOLF ROAD, BEING HERE THE ARC OF A CIRCLE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1,470.85 FEET, A CHORD LENGTH OF 206.93 FEET AND A CHORD BEARING OF NORTH 04 DEGREES 17 MINl1TES 33 SECONDS WEST, AN ARC DISTANCE OF 207,10 FEET, TO A POINT OF INTERSECTION OF SAID EAST LINE OF WOLF ROAD WITH A LINE WHICH IS 210 FEET WESTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARAlLEL WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE CANADIAN NATIONAL RAILWAY (FORMERLY THE WISCONSIN CENTRAl RAILROAD), SAID LINE BEING AlSO THE WESTERLY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTH 18 DEGREES 20 MINl1TES 41 SECONDS EAST (MEASURED) ALONG SAID WESTERLY LINE OF THE COMMONWEAlTH EDISON RIGHT OF WAY, A DISTANCE OF 366.12 FEET TO A POINT, SAID POINT BEING ALSO THE NORTHEAST CORNER OF AFORESAID LOT 1 IN ROBERT JOSEPH SUBDIV1SION, UNIT NUMBER TWO; THENCE NORTH 89 DEGREES 32 MINUTES 54 SECONDS WEST AlONG THE NORTH LINE OF SAID LOT 1 IN ROBERT JOSEPH SUBDMSION, A DISTANCE OF 106.05 FEET TO THE POINT OF BEGINNING, COOK COUNlY, ILLINOIS. ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 2639 HAEGER ENGINEERING LLC ILLINOIS PROFESSIONAL DESIGN FIRM NO. 184-003152 CONSULTING ENGINEERS AND LAND SURVEYORS 1300 N. PLUM GROVE ROAD, SCHAUMBURG, ILLINOIS 60173 TEL (847) 394-6600 FJV(: (847)394-6600 SCALE: Revised 3/27/06 Re vised 8/25/06 Revised 7/10/07 Re vised 8/06/07 I" = 60' Revised 8/22/07 OWNER'S CERTIFICATE PARCEL 1 AND 2 STATE OF ILLINOIS) ) SS: COUNTY OF COOK ) TH!S IS TO CERTIFY THAT IS HOLDER OF RECORD TITLE TO THE LAND DESCRIBED HEREON AND HAS CAUSED THE SAME TO BE SURVEYED AND SUBDMDED AS INDICATED HEREON, FOR THE USES AND PURPOSES HEREIN SET FORTH, AND DOES HEREBY ACKNOVv'LEDGE AND ADOPT THE SAME UNDER 11-1E STYLE AND TITlE HEREON INDICATED. FURTHER CERTIFIES TO THE BEST OF ITS KNOWLEDGE, THE PROPERTY DESCRIBED HEREON LIES WITHIN UNIT SCHOOL DISTRICT AND DISTRICT BY: (TITlE) ATTEST: (TITlE) NOTARY CERTIFICATE STATE OF ILLINOIS} ) 55: COUNTY OF COOK ) I, A NOTARY PUBLIC IN AND FOR SAID COUNlY IN THE STATE AFORESAID, 00 HEREBY CERTIFY THAT (TITLE) OF AND (TITLE) OF SAI D WHO ARE PERSONALLY KNOVIIN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS SUCH (TITLE) AND (TITLE) RESPECTIVELY, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNO'vVLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT, AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID BANK, AS TRUSTEE AS AFORESAID, FOR THE USES AND PURPOSES THERBN SET FORTH, AND THE SAID (TITlE) THEN AND THERE ACKNOWlEDGED THAT (TITLE), AS CUSTODIAN OF THE CORPORATE DID AFFIX THE CORPORATE SEAl TO SAID INSTRUMENT AS SAID (T1TLE)'SOWNFREEANDVOlUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID BANK AS TRUSTEE AS AFORESAID, FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THS ,AD., 20_. SAID SEAL OF SAID OF SAID DAY OF NOTARY PUBLIC MY COMMISSION EXPIRES OWNER'S CERTIFICATE PARCEL 3 STATE OF ILLINOIS) ) SS' COUNlY OF COOK ) THIS IS TO CERTIFY THAT IS HOLDER OF RECORD TITLE TO THE lAND DESCRIBED HEREON AND HAS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED AS INDICATED HEREON, FOR THE USES AND PURPOSES HEREIN SET FORTH, ~D DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND mLE HEREON INDICATED. ATTEST: (TITLE) NOTARY CERTIFICATE STATE OF ILLINOIS) ) SS: COUNlY OF" COOK ) I, A NOTARY PUBLIC IN AND FOR SAID COUNlY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT (TITLE) OF AND (TITLE) OF SAID WHO ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS SUCH (TITlE) AND (TITLE) RESPECTIVELY, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT, AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID BANK, AS TRUSTEE AS AFORESAID, FOR THE USES AND PURPOSES THEREIN SET FORTH, AND THE SAID (TITLE) THEN AND THERE ACKNOWLEDGED THAT (TITlE), AS CUSTODIAN OF THE CORPORATE DID AFFIX THE CORPORATE SEAL TO SAID INSTRUMENT AS SAID (TlTLE)'S OWN FREE AND VOLUNTARY ACTAND AS THE FREE AND VOLUNTARY ACT OF SAID BANK AS TRUSTEE AS AFORESAID, FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF . A.D., 20_. - SAlO SEAL OF SAID OF SAID NOTARY PUBLIC MY COMMISSION EXPIRES PLANNING & ZONING COMMISSION CERTIFICATE STATE OF IWNOIS ) ISS COUNlY OF COOK ) APPROVED BY THE PLANNING & ZONING COMMISSION OF THE VILLAGE OF MT. PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF ,20_, BY: CHAIRMAN ATIEST: VICE CHAIRMAN VILLAGE COLLECTOR STATE OF ILLINOIS) )SS COUNTY OF COOK ) I FIND NO DEFERRED !NSTAlLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST ANY OF THE lAND INCLUDED IN THE ABOVE PLAT DATED THIS DAY OF 20_. SIGNED VILLAGE COLLECTOR PRj;SIOENT AND BOARD OF TRUSTEES STATE OF ILLINOIS) ISS COUNTY OF COOK ) APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF Mi, PROSPECT, COOK COUNTY, IlliNOIS, THIS DAY OF ,20_ StGNED VILLAGE PRESIDENT ATTEST: VILLAGE CLERK SCHOOL DISTRICTS, ELEMENTARY SCHOOL DISTRICT NO. HIGH SCHOOL DISTRICT NO. PREPARED BY: HAEGER ENGINEERING LLC ILLINOIS PROFESSIONAL DESIGN FIRM NO. 184-003152 CONSULTING ENGINEERS AND LAND SURVEYORS 1300 N. PLUM GROVE ROAD, SCHAUMBURG, ILLINOIS 60173 TEL: (847) 394.8800 FAX: (847)394-6608 PREPARED FOR: THIS PLAT SUBMITTED FOR RECORDING BY: 04-2260 @ 2005101a.~.En;lMerl"9-u.c PRELIMINARY SITE IMPROVEMENT PLANS NORTHEAST CORNER OF WOLF RD. AND EUCLID AVE. SEC 25 - TWP 42N - RANGE 11 E COOK COUNTY MOUNT PROSPECT, ILLINOIS \; \ \ \ Y. !PRO.IEITLOC.ATI,l'l1 1\ ;i \ \ ,I! \ \, CAMP \~CDONALD RD \tN .~ EUCLID AVE o ~ FGUNDf~Y r;:o ~ ~ 50 () \ . \ Y LOCATION MAP Not To Scole INDEX TO SHEETS NO. 1 DESCRIPTION T1TlESHHT PRElIt.,.;INARY SITE PlAN PREL!M.INARY ENGINEERING PL>\N ROADWAY X-SECTIONS - WOLf ROAD ROADWAY X-SEC110NS - EUClIOA.VENUE 1 ,. ;X 11('; ~~ g < EV .. ~~ ~-~ 'd H r-------------------~ I Nolf/: The I1xacl laeollan of of! ulflilllls , I ::o:~:;~:~:::do:livl;7:s. cr~:~~:~~ prior I I locafions call: I l!.!!:....L:...I:....E:..._~!..~~2_8!3.:.~~2.!_) e.ENCHMARKS: Cook County Highway Department Brass Monument, located in the center of the intersection of Euclid A"enue and Wolf Road Elevation:: 642 63' i.NGVD 29) Capped iron pipe SE quadrant of Wolf Road and Euclid Road South ROW Euciid opposite east end of east-west guard ral 2S'j: south of south curb Elevation = 543 35' {NGVD 29) Brass disk set in concrete head'lo'all of McDonald Creek underpass at comer of intersection of Euclid Avenue and Wolf Road in Mount Prospect, Illinois Station is approximately 0,8 feet north of south end of headwall. {FEMA RM 208-22) Elevation =643,41 (NGVO 29) ~QJE; The location of existing underground utilities, such as water mains, sewers, gas lines, etc, , as sho'Ml on the plans. has been determined from the best avaflable information and is given for the converuence of the Contractor Howevef, the Owner and the Engineer do not assume responsibility in the event that during construction, utilities other than those shown may be encountered, and that the actual location of those which are shown may be different from the location as shown on the plans TITLE SHEET 09.11.(11 ') 00-1"1.(11 I 08-0/.(11 No, Date Pm V1~ lhp\ew lAdded [)j,.,1!!'$i<:lm, lnbr.151l. SlIe I"loIol Pe,\IllogeRlMcw s;rePkl"~ Revision GENDELL WOLF & EUCLID TERRACO MOUNT PROSPECT, IlLNOIS I.EGCNO ~x;sting Proposed @ Manhole @ () CatCh 8asi'! . D Iniet ('co Clean Out -----+-- Storm Sewer -~ --+-- Sanitary Sewer Woter Main Elecfn'c Line F;~, Op/ic Lin~ " Fire Hydrant A 0 Valve Vault a .~ BuffalO Box 0, Gas Va/l"l~ Gas Une (EJ Hand Hole )J: light POle " IBT Pedestal (9\ lOT Manhole Teiephone Une Sign Guardrail Fence Pipe BoliorrJ f?ev. Curb &: Gutter Sid, Curb &: Gutter Depressed Cum ti6~,50 Curh E1Rvafion , fi6::>nO Gutter Elevation a'(Jou<x Pavement Deifation Sidewolk DevoNon Ground Devotion T/....5f.i5_20 Retoinino Waf{ :~~ :~~.: nevati~.'1 Contour Line ~ f,,,~_) Oe.cid!JQUS Trtm Conilfirous Tree Parking Lot :,'urloce DetenUon :\,\,\\\~UI~'~/I',1. ~~~'J.':;.;::;;~~ ~ $ i REGISTERED \:-1> '; 3' i PROFESSIONAL; E S \. ENGINEER J 5 ~: ..........:'!...........*:f ~"";~,~:rl~'\~\\"~ EXPIRES 11-30-07 HAEGER ENGINEERING consulting engineers land surveyors 1300 N.1'tvm c.ro.., Rood, w-.mburg, Il60173 . T.: 847.394.6600 f<l><: !l47.39<t.6608 __~...ngineerlng.eom Protect ~nager; TAS Engineer. EAS Sheet 1 q Oate:07.11.Q7 ProiedNo.04..226CA _ /3 ~ (G:~,_t__u. ~ ~t "- Ii . .~ !; L I !} ~l J~ d u t N ---. :s..io< ".30' ~:. - - - - ~...- ~ ==..~.J - ~~. - ..- ..... - -- - '-,yj'~ (; .. v,:z" /;-;.'') CLIENT: ARCHITECT: ,fu'''!j l1.I~~ ~KagJn- 09_17-07 08..2:7.07 06-07-07 ""'" .,.Vl.........~~j.llb.l.&s.~ PwViloglt II..- SIlIt......~ """.... lEIm\.(X) , 1 , No. ,_",';'".,~C.".","="';M.",~"",<,. HEAVY DUTY PAvEMENr 1 'I(u B' "'n'''''<J'> 2" B;t",r:nO,,5 3:no'" 10" A:],;r..:]<> te ,~,"~'f' Co, ....._ Class , (/".<,1 CONCRETE SlOE wALK Por-'l._,,'.c (el.,..e"r [,m:" '^',;9"?cJ"I-(, [j",,;, - 'rO)'1 -I~" (c p . <,\ NOTES: PRELIMINARY SITE PLAN GENDELL WOLF. & EUCLID TERRACO MOUNT NOSPECT, IWNOIS HAEGER ENGINEERING -mngenei- . Iand__ llOON......QIro"...... ~"60,n. 'at47.1HMOO r-IO'.J9.tMQI -- ----...........--.........---....-.-----......--..---..----....---.----..-----.. =::~. TAS ,,:;:::: 04~6CA - 2/5 ~-_-..~it U, U I V.e... ~ 34 'ct ~ I r:.:~~" 'P'''',: , P,..me Pm .,.. ' ,..",,'. Cv''', " 'x ""'" / I, ", " /,,. Ovl, Pmm.M Hm, ou'i', Pmm..' ~ P...," ,., P"" \ . v~,.. , ..~ ~" '" I ~;" '" f v~ /P.eo'"9 ".,,, ,on". 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"",1.. \ l;'~\ \ \ \ \ '\ \ \~' _~ /.>." ~l,,~, _~- -- __u___._ -\--=L~\~%'\ \ :.;,\ \- S\ ~--===- ~ J....._...L....M.---=-~t:~L.----~- \ - ~\ \\ --_ _~ ' -\-~'" - - ~ 1- - _. ......- ..........."..., .....,~ b)> - ...........-...-.........---r-..........--';--........ ..........., \ \ \ I \ \ ~ ~;t"e;~:I~k \ CD \ .~. I~ \ ~ ~\ \, \ ~:s~~'d~,::ee~ /'11 \ \ ~ \ '\ \ \\ \ \ ~, .. .ith lc"mY...-.' ~I~ .. .. \ '=\ I I , \ \ \ \ /;:;;:::.;,;;==~~..:=I2/~:C.~h":"='~E:""n.:~.~...;:;A w...=th==:......:;.....~_;-':.:==:...-::),~-===:\ w=\~~~;,\... r-- .!Xc /:X'.'~ \.; ..,. " \ \. \, \ \ \ ~_~-.J-fi... \ ~ J4'~ 10'~ s. ,1.~ I Propo,,~d <> I I H~iJ"'y Outy PiJv~m.n' ':t. , 5'. PC( tl rR.t..i""'9 W..it ~J S,d~wa(h~ 64J ~.7~ """ IX 64460~, '.~~:~~::~~~~~~~\ ';:iJ!!~. \ E!! :' ~ _!:'~~_~-=. 644 10~ I ~,~ ~ \'6'. Topsoil I \86.12Cueb i · "Ex'S~if1g Com Ed \ \ SECTION . A-A' SCAl-I: I" ..10' \ " ~ ' ~ i ] HUry ~or,.<lt;:~..m"M s~. PO: i ,r64.t.,70 Min 1X 64465.\ "d..." \ R. H_ilx5X 64415-....", v~w,.s \ 2~ __ ..~ , , "-6" Topsoil I 86.12 Curb . f"'stingCurbfo R..miJ<r? i" Pi"ce ~\ ,"FF 61.4,7 \ SECT/ON "S-S" SCAl-I'; I' "10' \ \ SECTION .C-C. SCALE 10 '" 10' D \ \ \ -.;t-- \ \ \ -E- @ (~ S, -c- IBJ J:, " \ \ .-...l.... C 5155.50 G 56:).00 \ ;>6155.25 W 6t;~.10 665,0 T/W f,6~:,;m DETENTION VOLUME SUMMARY ~:~ \ PARKING LOT UNDERGROUND DEltNTION T5TAl--- 04. 0:21 065 ~ , \ s. \ ,1\\ NOTES: 1. The location of e;o::isting underground utilities, s<Jch as water m(Jir,s, SeWQrS, gQS lil'l"s, etc.. a" shown on the plaO'., hos ooer determined from the best available informalion and IS given for the convenience of the Contractor. However. Ihe Owner and the Engineer do not ossume responsibility in tne e'o'ent that durin:; construction, utIlities other tnan those sho....n may be !!:I'countercd. ond th~lt the oclual lQl;oticn of Imse which ore shown may be different from the localion 0:5 Shown 011 the pions. 09.I/.(l/ ') oo.'ll.Q/ I 08-0/.01 No. Date Po ViInq;ll<e'Jtew (Added ~e~icrn., lnbr.k 11. 5rIt. iXltnl P""ViIoqeI'.evlew ~qf'ia~ l<...n.iom R....ision PRELIMINARY ENGINEERING PLAN GENDELL WOLF & EUCLID TERRACO MOUNT PROSPECT, ILUNOIS t N -..- Scale: 1- = 30' LEGEND Existing Proposed @ u Manh"le @ . Catch 80sin Inlet Clean 01.11 Storm Sewer Sanitary Sewer Wate'- Main Eled,-ic Line Fiber Optic Line Fire Hydranl Valve Vaulf Buffalo 80)1 Gas Valve Gas Line '" 9 o -)-- ., .", ~, Hand Hole Light Pole IBT Pedestol 18T Monhoie Telephone Lin(> Sign GuordrOl1 Fence p;~ Bollard Rev. Curb &" Gutter Std. Curb .t Gutter Depressed Curb Curb Elevation (J"O(}(X ~ GiJtter Devotion Pavement Elevotion Sidewaik elevation CrolJn4 Elevofion Retain;ng WaN Elevalion -"'= :::::;; Contour Line Deciduous Tree COlliferous Tree Parking Lof S~rface O<!Jtentiofl ~ HAEGER ENGINEERING consulting engineers land surveyors 1300N.Plumer-Rood, Scho\lmb<."iI,IL6QI73' T":84T.394.6600 f"",847,J9.,6608 _.~_r~i..-ri"\l.rom Protect Nlanoger: TAS Engineer: EAS Sheet 3 Oat.: 07.11-07 Proied No. 04.226CA /5 (():--WO_(~.'>( 648 645 644 642 540 i I 10 20 30 40 50 60 10 80 90 16+25 : 648 646 644 642 640 i I ; I 10 20 30 40 50 60 70 80 90 16+00 648 646 644 644 15+75 ~ ' , , , 648 ~':':...._._~-_':'.~==.........':_....~--':".....':"":':"_---+._..__._............-J------_....---i--------i-----.__.._...._______........____.._._.__J 648 646 644 642 640 i , I 10 20 JO 40 50 60 70 80 90 15+50 644 542 640 I I I I I 30 40 50 60 10 80 90 15+25 I 648 646 644 642 640 ! ; 60 10 80 90 15+00 I ! g ~ 8 ~ "~ 8;~ ~~ ,',.. ~~ "'~ .(.... !j u 648 648 646 646 644 644 642 642 640 640 30 40 SO 60 70 80 90 0 /0 20 JO 40 50 60 10 80 17+75 19+25 648 648 646 646 644 ~4 642 64-2 B40 640 /0 m ~ W 50 W ro M 17+50 19+00 64. 646 L l ..... ... LI.'"L,I ................ <Ie.. ... -'! t:J "' ~.----.4-_-~--~-"---~--T----'=' EF:t.i~~-" : ... I .! 10 20 30 40 50 60 70 80 90 0 fa 20 30 40 50 60 70 80 17+25 18+75 648 646 644 642 640 10 20 30 40 50 60 70 80 90 0 10 20 30 40 50 60 70 80 90 17+00 18+50 648 648 648 646 646 646 544 644 644- 642 642 642 640 640 640 10 20 30 40 50 60 10 80 90 0 10 20 30 40 50 60 70 80 16+75 18+25 848 648 646 646 644 644 542 642 640 540 10 20 JO 40 50 60 70 80 90 0 ro 20 JO 40 50 50 70 80 90 16+50 18+00 H:1"=10'V:1"=5' ~o. ~~~OJ I ~::V~~~~~ WOLF RD CROSS SECTIONS 15+00 - 19+25 GENDELL WOLF & EUCLID TERRACO MOUNT PROSPECT, IWHOIS mIJ HAEGER ENGINEERING consulting engineers land surveyors 130C N. Plum GrOWl Rood, Schoumburg.'-60173. r~,6"7>J9oC_6600 1'....:8.7.~9"_6608 --~.-..noi.....ring.(.Q<n Proted Manager: T A S Engineer: E A S Skeet 4 Dot.: 03/07/06 PToied No. 0.4.226 CA /5 648 646 644 642 640 -90 -50 -40 11+25 648 646 544 642 640 -50 -40 -30 20 10 11 +00 648 646 644 642 640 -90 -80 -70 -60 -50 -40 -30 -20 -10 10+75 648 646 644 642 640 -gO -80 -70 -60 ~50 -40 -30 ~20 -10 10+50 648 648 646 644 642 640 -70 -60 -50 -40 -30 -20 -10 10+25 648 646 644 642 640 640 -90 -80 -7[} -BO -50 --'40 -30 -20 -10 10+00 ~; 1 ~~ . ~.... !J u 640 -90 -80 -70 -50 -60 -40 -20 -10 -30 12+75 648 646 644 642 640 -90 -80 -60 -50 -40 -30 -20 -10 12+50 -90 -80 -70 -60 -50 -40 -30 -20 -10 12+25 648 646 644 -90 -80 -70 -60 -50 -40 -30 -20 -10 12+00 648 ------1648 646 644 642 640 -90 -80 -70 -60 -50 -40 -30 -20 -10 11 + 75 -90 -80 -10 -10 11 +50 H:1"=10' V:1"=5' 646 644 642 640 648 646 644 642 640 642 640 646 644 642 640 648 646 644 642 640 648 640 648 646 6<6 644 644 642 642 640 -90 -70 -60 -50 -40 -30 -20 -10 14+25 648 648 646 644 642 640 -60 -50 -40 -30 14+00 648 646 644 642 640 -90 -80 -.70 -60 -50 -40 -JO -20 -10 13+75 648 648 646 644 642 640 -90 -80 -70 -60 -50 -40 -30 -20 -fa 13+50 648 646 044 642 640 -90 -80 -70 -60 -50 -40 -30 -20 -10 13+25 648 645 644 642 640 13+00 EUCLID RD CROSS SECTIONS 10+00 - 14+25 GENDELL WOLF & EUCLID TERRACO MOUNT PROSPECT, ILUNOIS mJ HAEGER ENGINEERING consulting engineers . land surveyors IJOCN.I'l.mGroWlR<><>el, Schoumburg,I1.60173 , TcI,~1,J9~.6600 F(l,>:;lW7.:J:9A.6Ml8 ~,.-.gineerino.o:>m Protect Manager: T A S Date: 03/07/06 Engineer: E A S Sheet Proiecf No, 04-226 CA 5/5 ~o. 08~7 I ~::v:~:-~~ ~""'" GENDELL WOLF EUCLID TERRACO MOUNT PROSPECT, IL f=: j!zf@!R!i!i1flIffJtlJill: PRECAST CONCRETE MODULAR STORM WATER DETENTION PAGE SHEET INDEX DESCRIPTION REV. 1 2 2.1 2.2 3 3.1 4 5 6 7 8 COVER SHEET SINGLETRAP INSTALLATION SPECIFICATIONS SINGLETRAP INSTALLATION SPECIFICATIONS SINGLETRAP INSTALLATION SPECIFICATIONS LAYOUT DETAIL SINGLE TRAP INSTALLATION SPECIFICATIONS STANDARD - 3'-0" SINGLETRAP TYPE I STANDARD - 3'-0" SINGLETRAP TYPE II STANDARD - 3'-0" SINGLETRAP TYPE III STANDARD - 3'-0" SINGLETRAP TYPE IV STANDARD - 3'-0" SINGLETRAP TYPE V JOB SITE INFORMATION DESCRIPTION JOB NAME: GENDELL WOLF EUCLID TERRACO JOB ADDRESS: MOUNT PROSPECT, IL ENGINEERING CO: CONTACT NAME: CONTACT PHONE: CONTACT FAX: STORM TRAP SUPPLIER: CONTACT NAME: CONTACT PHONE: CONTACT FAX: HAEGER ENGINEERING TODD SHAFFER 312-447-0525 312-447-0529 STORMTRAP JERAMY SHERWOOD 815-941-4663 815-416-1100 WATER STORAGE REQ'D: 9,147.60 CUBIC FEET WATER STORAGE PROV: 9,396.00 CUBIC FEET UNIT HEADROOM: UNIT QUANTITY: 3'-0" SINGLETRAP 40 UNITS - 40 TOTAL PIECES ~~ PRECAST CONCRETE MODULAR STORM WATER DETENTION PATENT NO. 6,991,402 B2 & 7, 160,058 B2 P.O. BOX 782 MORRIS. IL 60450 1-87-STORMTRAP 1-877-867-6872 ENGINEER INFORMATION: HAEGER ENGINEERING 300 S WACKER DRIVE CHICAGO, IL 60606 Phone: 312-447-0525 Fax: 312-447-0529 PROJECT INFORMATION: GENDELL WOLF EUCLID TERRACO MOUNT PROSPECT, IL JS-3036-IL-07 CURRENT ISSUE DATE: I 09/05/07 APPROVED BY: I ISSUED FOR: I PRELIMINARY REV.: DATE: DESC. BY: ^ I I ISSUED FOR ~ 09/05/07 PRELIMINARY JS SCALE: I NTS SHEET TITLE: COVER SHEET SHEET NUMBER: 01 RECOMMENDED ACCESS OPENING SPECIFICATION ~ 6'-10" ~:~~~~~~:==-L_____________ MEETS: I I OPSS 1351.08.02 r- 1'-4" ~ BNQ t J ~TM C478~, ASTM D-4101-95b 1 3,,"' ~TM A-615 AASHTO M-199 1 '-5 1/2" ---1-1. I 1 F_ 1 I::' J- ~ 1'-43/4" --ll. ~ ~ 1. A TYPICAL ACCESS OPENING FOR THE STORMTRAP SYSTEM RANGES FROM 2'-0" TO 3'-0" IN DIAMETER. ACCESS OPENINGS LARGER THAN 3'-0" IN DIAMETER NEED TO BE APPROVED BY STORMTRAP. PLASTIC COATED STEEL STEPS PRODUCED BY M.A. INDUSTRIES PART #PS3-PFC (SEE DETAIL TO THE RIGHT) ARE PROVIDED INSIDE ANY UNIT WHERE DEEMED NECESSARY. THE HIGHEST STEP IN THE UNIT IS TO BE PLACED A DISTANCE OF 1 '-0" FROM THE INSIDE EDGE OF THE STORMTRAP UNITS. ALL ENSUING STEPS SHALL BE PLACED WITH A MINIMUM DISTANCE OF 1'-4" BETWEEN THEM. STEPS MAY BE MOVED OR ALTERED TO AVOID OPENINGS OR OTHER IRREGULARITIES IN THE UNIT. STORMTRAP LIFTING INSERTS MAY BE RELOCATED TO COINCIDE WITH THE ACCESS OPENING OR THE CENTER OF GRAVITY OF THE UNIT AS NEEDED. STORMTRAP ACCESS OPENINGS MAY NOT INTERFERE WITH INLET AND/OR OUTLET OPENINGS. ACCESS OPENINGS SHOULD BE LOCATED IN ORDER MEET THE APPROPRIATE MUNICIPAL REQUIREMENTS. STORMTRAP RECOMMENDS AT LEAST ONE ACCESS OPENING PER SYSTEM. I I I L-T-T------------------l--r--- 2. 2'-0" TO 3'-0" ACCESS OPENING 3. ~ Cl) 4. 1'-0" MIN I L 5' .1, I. 1 I- 7' . 5. PLAN VIEW STAIR DETAIL RECOMMENDED PIPE OPENING SPECIFICATION 1. MINIMUM EDGE DISTANCE FOR AN OPENING ON THE OUTSIDE WALL SHALL BE NO LESS THAN 1'-0". ALL OPENINGS MUST RETAIN AT LEAST 1 '-0" OF CLEARANCE IN ALL DIRECTIONS FROM THE EDGE OF THE STORMTRAP UNITS. OPENING SIZE SHALL NOT EXCEED 036" OR 1 '-6" LESS THEN THE INSIDE HEIGHT OF THE UNIT. EXAMPLE: 3'-0" UNIT MAXIMUM OPENING = 01'-6". OPENINGS ARE NOT LIMITED TO THE ABOVE PARAMETERS BUT ARE RECOMMENDED. ANY OPENING NEEDED THAT DOES NOT FIT THE CRITERIA SHALL BE BROUGHT TO THE ATTENTION OF STORMTRAP FOR REVIEW. _-----....:-:_ I r-~~------~~------------------ I I I ~ I I I I I 1 ' ~ 1'-4" ~ 1'-4" ~ 8" 2. 3. 4. \ I 1/ II 1/ \I I /I 1\ 1\ 1\ I , -15,,1- 6' .15"~ ELEVATION VIEW SIDE VIEW -- ':11"-- I ':..~-'l!.. I ---------~:~~----~~-, PIPE OPENING SEE NOTE #4 OUTSIDE WALL P.O. BOX 782 MORRIS, IL 60450 1-87 -STORMTRAP 1-877-867-6872 ENGINEER INFORMATION: HAEGER ENGINEERING 300 S WACKER DRIVE CHICAGO, IL 60606 Phone: 312-447-0525 Fax: 312-447-0529 PROJECT INFORMATION: GENDELL WOLF EUCLID TERRACO MOUNT PROSPECT, IL JS-3036-IL-07 CURRENT ISSUE DATE: I 09/05/07 APPROVED BY: I ISSUED FOR: I PRELIMINARY REV.: DATE: DESC. B' ^ I I ISSUED FOR c ~ 09/05/07 PRELIMINARY I J, SCALE: I NTS SHEET TITLE: RECOMMENDED SINGLETRAP INSTALLATION SPECIFICATIONS SHEET NUMBER: 2.2 ~. 7' .~ l' I a 5' ~I l' " PRECAST CONCRETE MODULAR STORM WATER DETEN110N PATENT NO. 6,991,40282 &. 7, 160,058 B2 I I I I ,___L__L__________________________L__L______ I I I I I I I I I P.O. BOX 7B2 MORRIS, IL 60450 1-87-STORMTRAP 1-877-867-6872 ENGINEER INFORMATION: ~ & I TYPE V UNITS I HAEGER ENGINEERING 300 S WACKER DRIVE CHICAGO, IL 60606 Phone: 312-447-0525 Fax: 312-447-0529 6'-10" UNIT HEIGHT (in,) 36 CUBIC STORAGE (C,F,) WEIGHT (Ibs,) PROJECT INFORMATION: 121.5 8045 GENDELL WOLF EUCLID TERRACO MOUNT PROSPECT, IL JS-3036-1 L -07 & ~ CURRENT ISSUE DATE: I 09/05/07 APPROVED BY: I ------------------------------------------- PLAN VIEW ISSUED FOR: I PRELIMINARY REV.: DATE: DESC. BY: 'f JfT" '-IV -- T r--------~-------~-~~~~~~~~~~~~~~~----- 113'_8" //~--- ----- "'1 3' / I ( I I I I I I I I I I I I I I I ~ ~ l-- -- ^ I I ISSUED FOR L!.i 09/05/07 PRELIMINARY JS SCALE: I NTS SHEET TITLE: ~ 5,l 6' .15" ~ STANDARD 3'-0" SINGLETRAP TYPE V SHEET NUMBER: ELEVATION VIEW OUTSIDE WALL SIDE VIEW 08 Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: PROJECT ENGINEER DATE: DECEMBER 11, 2007 SUBJECT: DECEMBER SAFETY COMMISSION MEETING MILBURN AVENUE PARKING STUDY The Safety Commission transmits their recommendation to approve parking restrictions along Milburn Avenue between I-Oka Avenue and Hi- Lusi Avenue. ! For the past few years, the Engineering Staff has had phone conversations and received letters from concerned residents regarding the ongoing parking problem along Milburn Avenue between I-Oka Avenue and Hi-Lusi Avenue. Current parking restrictions along the block prohibit parking on the north side of the street on Sundays from 6:30am to 1:30pm as well as on both sides of the street from 2:00am to 6:00am (Village-wide ordinance). During a typical week, approximately 10-12 St. Raymond church employees and school staff daily park on the block rather than in the lot. Attempts over the years to encourage them to park in the lot have been unsuccessful. Since the problem continues and has grown over the years, Staff has now reached the point of considering parking restrictions. As part of our study, we observed the following traffic issues: 1. With vehicles parked on both sides of Milburn Avenue throughout the day, two-way traffic cannot be maintained. It is not only difficult for one vehicle to pass between but even greater for buses, garbage trucks and emergency vehicles. 2. Village services such as street sweeping, snow plowing and leaf pick-up are affected. A special schedule is in place to pick-up leaves before 7:00am during leaf season because of the parking problem on Milburn Avenue. 3. Residents have a difficult time backing out and turning into their driveways. 4. On-street parking is limited for residents' guests. 5. There is ample parking in the lot that is not being used. The Village has attempted multiple times to persuade school staff and church employees to park in the lot. However, with the church offices close to the intersection of Milbum Avenue and I-Oka Avenue, it is more convenient to park on the street rather than in the lot. This issue was discussed at the December 10, 2007 Safety Commission Meeting. There was one resident in the audience to speak on the issue. The resident acknowledged this is a difficult situation and commented that something needs to be done though it would affect the residents' ability to park on the street. The two resident surveys returned to the Village also supported parking restrictions along the block. After some discussion, the Safety Commission supported prohibiting parking at all times on the north side of the street and limiting the south side of the street to two hours during the week. This arrangement would discourage long-term parking by church and school staff, allow for two-way traffic at all times and still provide some street parking for residents. It would also be consistent with the parking __...+-.:""+.:__,.. ...1___ .........:1l......_ A..,..__lI'1_ l..-...............__ T 1"'\1........ A...__........ ....._....J D_....4-_ 0'1 'T"L.... C"_~_4-_ r"'____.:__.:__ __1__...J page 2 of2 December Safety Commission Meeting December 11, 2007 the Engineering Staff to monitor the effect the new parking restrictions have on the neighborhood and be prepared to take further action if necessary. It was also agreed that the Engineering Staff would continue to try to work with S1. Raymond to encourage them to park in the lot so that parking restrictions on other streets would not have to be considered. By a vote of 8-0, the Safety Commission recommends the following: · Repeal the ordinance that prohibits parking along the north side of Milburn Avenue between I-Oka Avenue and Hi-Lusi Avenue on Sundays from 6:30am-1:30pm (Section 18.2007). · Enact an ordinance that prohibits parking at all times along the north side of Milburn Avenue between I-Oka Avenue and Hi-Lusi Avenue (Section 18.2006). · Enact an ordinance that limits parking to 2 hours along the south side of Milburn Avenue between I-Oka Avenue and Hi-Lusi Avenue (Section 18.2011B). Please include this item on the December 18th Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from the meeting as well as a location map for your reference. c: Deputy Director of Public Works Sean Dorsey Village Engineer JeffWulbecker Village Clerk Lisa Angell h: lengineeringltrafficlsafecomm lrecs&min Idec07rec.doc MILBURN A VENUE PARKING STUDY ~ RECOMMENDATION: NORTH SIDE - NO PARKING ANY TIME SOUTH SIDE - 2-HOUR PARKING MON-FRI 7:00AM-6:00PM ~b =:gl -~- -Jr -'Y 11__ __i~ D~-;! l:Rt ~h <I) :::l ...J I -- --- _~"L o ~ J t EXISTING - NO PARKING ANY TIME EXISTING - NO PARKING SUNDA YS 6:30AM-l :30PM EXISTING - NO PARKING SCHOOl DAYS 8:00AM-4:00PM EXISTING - 2-HOUR PARKING MON-FRI 7:00AM-6:00PM EXISTING - NO PARKING WEEKDA YS 7:ooAM-8:30AM & 2-HOUR PARKING MON-FRI8:30AM-6:ooPM _J12 _ :J LJ~ _ 68-- ~ Ii; C<: :::l J: ~ w ST. RAYM I NO c;:J 1- _jO\= 9_ __R 'Q'-- - - -- UNCOLN ST l LJ or ___J- CHURCH Director Glen R. Andler Mount Prospect ~ Deputy Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 MINUTES OF THE MOUNT PROSPECT SAFETY COMMISSION DRAFT CALL TO ORDER The regular meeting of the Mount Prospect Safety Commission was called to order at 7:00 p.m. on Monday, December 10,2007. ROLL CALL Present upon roll call: Chuck Bencic John Keane Angel Campos Robert Fisher Carol Tortorello Mike Etemo Buz Livingston Paul Bures Matt Lawrie Absent: Fred Pampel Others in Attendance: Don Sahagian APPROVAL OF MINUTES Chairman Vice Chairman Commissioner Commissioner Commissioner Police Department Representative Fire Department Representative Public Works Representative Traffic Engineer - Staff Liaison Commissioner 400 W. Milburn Avenue Commissioner Keane, seconded by Commissioner Tortorello, moved to approve the minutes of the regular meeting of the Safety Commission held on July 9,2007. The minutes were approved by a vote of 5-0 with Commissioners Campos and Fisher as well as Battalion Chief Livingston abstaining. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. Phone 847/870-5640 Fax 847/253-9377 www.mountprospect.org OLD BUSINESS There was no old business to discuss. NEW BUSINESS A) MILBURN AVENUE PARKING STUDY 1) Background Information For the past few years, Staff has had phone conversations and received letters from concerned residents regarding the ongoing parking problem along Milburn Avenue between I-Oka Avenue and Hi-Lusi Avenue. St. Raymond church employees and school staff park on the block throughout the day rather than in the lot. Attempts over the years to encourage them to park in the lot have been unsuccessful. Since the problem continues and seems to be growing, Staff has now reached the point of considering parking restrictions. 2) Existing Conditions Current Traffic Regulations 1. Parking is prohibited on Sundays 6:30am-l :30pm along the north side of Milburn Avenue between Hi-Lusi Avenue and I-aka Avenue. 2. There are no parking regulations along the south side of Milburn Avenue between Hi-Lusi Avenue and I-aka Avenue. 3. Parking is prohibited at all times along the north side of Milburn Avenue between I-aka Avenue and Main Street (Route 83). 4. Parking is prohibited Monday-Friday 7:00am-8:30am and limited to 2 hours 8:30am- 6:00pm along the south side of Milburn Avenue between I-aka Avenue and Elmhurst Avenue. 5. Parking is limited to 2 hours Monday-Friday 7:00am-6:0Opm along the south side of Milburn Avenue between Elmhurst Avenue and Main Street (Route 83). 6. Many other streets in the neighborhood also have parking restrictions. Current Lavout 1. Most of the streets in the neighborhood including Milburn Avenue are 26' wide (back-of- curb to back-of-curb). 2. Lincoln Street, an east-west collector street, is 31' wide (back-of-curb to back-of-curb). 3. Elmhurst Avenue, a north-south collector street, is 52' wide (back-of-curb to back-of-curb) and includes a landscaped median. 4. St. Raymond has both a church and a school. The school offers classes for kindergarten through eighth grade. School entrances are along Elmhurst Avenue. The entrance to the church offices is on Milburn Avenue near I-Oka Avenue. 5. The parking lot that services both the school and church is immediately south of the building on the opposite side of Lincoln Street. Current Traffic Conditions 1. Between 7:00am and 8:00am on a typical school day, school staff and church employees arrive. While many park in the lot, some find on-street parking where there are no parking restrictions. The preferred location, and source of the current problem, is along Milburn Avenue between Hi-Lusi Avenue and I-aka Avenue. 2. At 8:00am, school begins. Students are dropped-off primarily on the south side of Milburn Avenue and west side of Elmhurst Avenue directly in front of the school. 3. During the school day, short-term parking around the school and church is seen on those streets that are limited to 2 hour parking. 4. On those streets that do not have parking restrictions, some vehicles were observed to be parked for eight hours or more. On Milburn Avenue between Hi-Lusi Avenue and I-Dka Avenue, the street typically experiences a maximum of 8 to 12 parked vehicles on a school day. On I-DkaAvenue north of Milburn Avenue, 2 to 4 parked vehicles are evident on a typical school day. 3) Staff Study Issues 1. With vehicles parked on both sides of Milburn Avenue throughout the day, two-way traffic cannot be maintained. It is not only difficult for one vehicle to pass between but even greater for buses, garbage trucks and emergency vehicles. 2. Village services such as street sweeping, snow plowing and leaf pick-up are affected. A special schedule is in place to pick-up leaves before 7:00am during leaf season because of the parking problem on Milburn Avenue. 3. Residents have a difficult time backing out and turning into their driveways. 4. On-street parking is limited for residents' guests. 5. There is ample parking in the lot that is not being used. The Village has attempted multiple times to persuade school staff and church employees to park in the lot. However, with the church offices close to the intersection of Milburn Avenue and I-Dka Avenue, it is more convenient to park on the street rather than in the lot. 4) Recommendations 1. Comments we received from residents desired a street that was free of school staff and church employee vehicles, yet was available for the adjacent home owners. This balance can be difficult, especially near schools, as public streets provide equal access to all road users. And any sort of parking restriction, therefore, must affect all road users. To address the ongoing parking problem along Milburn Avenue between Hi-Lusi Avenue and I-Dka Avenue, Staff's recommendation is to prohibit parking at all times on the north side of the street and limit parking to 2 hours on week days on the south side of the street. This proposal is consistent with the current parking restrictions along Milburn Avenue east of the subject block. Further, it assures two-way traffic can be provided at all times. Even during evening school and church functions, weekend church services, summer activities, and any other school or church meeting, parking would be limited to one side of the street. Allowing short term parking on one side will also most likely discourage school staff and church employees from parking on the block, thus freeing up some space for residents. Plus, during the evening and on weekends, parking on the south side would not be limited allowing residents greater access to on-street parking. Recommendation: Prohibit parking on the north side of MUburn Avenue between ffi-Lusi Avenue and I-Oka Avenue at all times, and limit parking to 2 hours on the south side Monday-Friday 7:00am-6:00pm. 2. There is currently a parking restriction along the north side of Milburn Avenue between Hi- Lusi Avenue and I-Oka Avenue that prohibits parking on Sundays from 6:30am-1:30pm. Should parking be prohibited altogether on this side of the street, the current ordinance would no longer be necessary. Recommendation: Repeal the ordinance that prohibits parking on the north side of Milburn Avenue between Hi-Lusi Avenue and I-Oka Avenue Sundays 6:30am-1:30pm. 3. I-Dka Avenue between Milburn Avenue and Evergreen Avenue does not have any parking restrictions during the week. In 1999, the Safety Commission reviewed a request from a resident to prohibit parking along the west side of the street. At the time, most residents along the block opposed the request as on-street parking during the school day was limited to a few vehicles. Even today, only a couple of vehicles are seen parked on I-Dka Avenue north of Milburn Avenue during the school day. However, should parking restrictions be enacted along Milburn Avenue, school staff and church employees may choose to still park on neighborhood streets rather than in the lot. The closest available location for long-term parking would be the 200 block ofl-Oka Avenue. Recommendation: Should any parking changes be approved as part of this study, monitor the effed on the neighborhood and read to any additional parking problems. 5) Discussion Chairman Bencic introduced the issue and opened the discussion to the public. Don Sahagian, 400 W. Milburn Avenue, acknowledged this was a difficult situation. He agreed that something needs to be done but is concerned that parking restrictions will negatively affect him. He suggested prohibiting parking Monday-Friday 8:00am-5:00pm on both sides of Milburn Avenue. He also suggested having resident only parking on the street. Chairman Bencic asked Traffic Engineer Lawrie to present Staff's study and recommendations. Traffic Engineer Lawrie then provided a presentation on the issue. Chairman Bencic brought the issue back to the Commission. Battalion Chief Livingston said that he measured the distance between parked cars today. He said there is only 10' of clearance and it may be difficult for an emergency vehicle to pass between. The Fire Department, therefore, may have to look for an alternate route. Streets Superintendent Bures said that Public Works operations such as street sweeping and leaf pick-up are also affected. Mr. Sahagian asked about the suggestion of prohibiting parking on both sides of the street during the day. Traffic Engineer Lawrie said that it would not address other St. Raymond functions such as Sunday morning church services and any evening function. Mr. Sahagian's suggestion would still allow for times where cars would potentially be parked on both sides of the street for a long period of time. Staff's recommendation would provide for two-way traffic at all times while still providing some short term parking that could be used by residents. Commissioner Tortorello expressed concern that without enforcement any parking restrictions will not be effective. She lives near St. Raymond and sees violations to the current parking restrictions on a regular basis. Sergeant Eterno said the Police Department did patrol the area last week and did write two tickets. Commissioner Fisher commented that safety should be the top priority and the current situation would affect an emergency vehicle from getting through the block. Chairman Bencic commented that the parked cars may move to the 200 block of I-Oka Avenue and the Village may be chasing the problem around the neighborhood. He wondered if parking restrictions should be extended further west on Milburn Avenue as well as on I-Oka Avenue in anticipation of the cars simply moving to other streets. Traffic Engineer Lawrie suggested the recommendation only be for where the problem exists today and then evaluate. The Village Manager has the authority to install additional signs immediately should another street become problematic. This situation is similar to the parking problem around Prospect High School. There, parking restriction signs were installed on a street by street basis as a problem was observed. Traffic Engineer Lawrie, however, said that he would continue to try to work with St. Raymond to have their employees park in the lot rather than having to consider parking restrictions on other streets. After some further general discussion about the need for additional enforcement, Commissioner Keane, seconded by Mr. Bures, moved to approve the recommendations of the Village Traffic Engineer. Commissioner Tortorello asked that enforcement by the Police Department be included so as to ensure compliance of the new parking restrictions. The motion was approved by a vote of 8-0. Mr. Sahagian was made aware that the recommendation from the Safety Commission would be forwarded to the Village Board of Trustees for final consideration at their December 18th meeting. COMMISSION ISSUES Commissioner Keane asked that the Safety Commission be given name badges or shirts that would identify them at the Traffic Open Houses and other neighborhood meetings. Traffic Engineer Lawrie said he would look into the matter and get back with the group. Traffic Engineer Lawrie let the Safety Commission know that the next Traffic Open House would take place in February or March. ADJOURNMENT With no further business to discuss, the Safety Commission voted 8-0 to adjourn at 7:45 p.m. upon the motion of Commissioner Keane. Commissioner Tortorello seconded the motion. Respectfully submitted, ~L-- MatthewP. La~ Traffic Engineer h:\engineering\traffic\safety _ conunission\recs&mins\dec07min.doc ml mla 12/11/07 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2007 of "SCHEDULE VII- SUNDAY PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Milburn Avenue Side of Street North Hours Prohibited 6:30 a.m. to 1:30 p.m. Description Between I Oka Avenue and Hi Lusi Avenue" SECTION TWO: That Section 18.2006 of "SCHEDULE VI- NO PARKING ANYTIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: "Name of Street Milburn Avenue Side of Street North Description Between I Oka Avenue and Hi Lusi Avenue" SECTION THREE: That Section 18.2011B of "SCHEDULE XI B - TWO HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following; "Name of Street Milburn Avenue Side of Street South Description Between I Oka Avenue and Hi Lusi Avenue" SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of December, 2007 Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk H :\CLKO\files\WI N\ORDINANC\Ch 18Milburnaven uedecember2007 .doc L INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS RE: DECEMBER 11, 2007 INTERGOVERNMENTAL AGREEMENT LEVEE 37 DATE: For a number of years, the U.S. Army Corps of Engineers (COE) in conjunction with the Illinois Department of Natural Resources Office of Water Resources (DNR) have been working on plans to alleviate flooding along the upper Des Plaines River. The ongoing study has resulted in plans to construct two levee systems that would provide flood relief to specific areas behind the levees. The projects known as Levee 37 (Mount Prospect/Prospect Heights) and Levee 50 (Des Plaines) would be located, in part, on Forest Preserve District of Cook County (District) property. Levee 37 (Exhibit 1) located north of Levee 50 on the Des Plaines River, will be funded primarily by the COE and DNR, with the "local sponsors" responsible for a percentage of the project costs, as well as securing land rights. In this case, the local sponsors are the municipalities whose residences and businesses will be protected by the project, namely the Village of Mount Prospect and City of Prospect Heights (co-sponsors). The planning for the Levee 37 Project is nearing completion and construction is anticipated to begin in 2008. This project will provide annual savings of over $1.73 million in flood damage by protecting over 600 residences and scores of businesses in Mount Prospect and Prospect Heights. The project will also provide substantial traffic related benefits during these overflow conditions. In order to expedite completion of co-sponsor tasks related to the Levee Project, it is beneficial to enter into an Intergovernmental Agreement (IGA) with the City of Prospect Heights. The IGA designates Mount Prospect as the lead agency moving forward and provides for a reimbursement formula for any funds Mount Prospect expends on Prospect Heights' behalf. Resolution authorizing execution of the C: Pam Arrigoni, City Administrator of Prospect Heights Jeff Wulbecker, Village Engineer David Erb, Finance Director Everett Hill, Village Attorney r MAYOR Irvana K. Wilks TRUSTEES Timothy]. Corcoran Paul Wm. Hoefert Arlene A. Juracek A. John Korn Richard M. Lohrstorfer Michael A. Zadel Mold Village of Mount Prospect 50 South Emerson Street, Mount Prospect, illinois 60056 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CITY OF PROSPECT HEIGHTS, AS THE LOCAL SPONSORS OF LEVEE 37 VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Usa Angell Phone: 8471392-6000 Fax: 8471392-6022 TOO: 8471392-6064 UIWUI.moun~ct.ori Intergovernmental Agreement between the Village of Mount Prospect and the City of Prospect Heights, as the Local Sponsors of Levee 37 Contents 1. Incorporation of Recitals........................ ............. ... ............................... ................. ..................... 3 2. Contract with Illinois Department of Natural Resources. ...........................................................3 3. Acquisition of Easements............ ..................... ....... .......................................... .......................... 3 3.1 Purchase and Conveyance of Solid Waste Agency of Northern Cook County Land. ........ 3 3.2 Negotiation and Agreement with Cook County.................................................................. 4 3.3 Cost of Easements. .................. ............................................................................................ 4 3.4 Acceptance of Easements..... ............................................................................................... 4 4. Maintenance of the Levee. ............ ................ .............................................................................. 4 5. Indemnification. .......................................................................................................................... 5 6. General Provisions. ....................... .................................... .......................................................... 5 6.1 Sole Agreement. ................. ......................... ........................................................................ 5 6.2 Governing Law............................ ........................................................................................ 5 6.3 Term of Agreement. ............................................................................................................ 6 6.4 Notice. ........................ ................................... ...................................................................... 6 6.5 Authority to Sign... .............................................................................................................. 6 6.6 Severability. ................................... ..................................................................................... 6 6.7 Construction of Document. ......... ............... ......................................................................... 7 6.8 Effective Date.. ........ ............. .............. ............. .............................. ........ .............................. 7 1 THIS AGREEMENT is made and entered into this day of 2007, by and between the VILLAGE OF MOUNT PROSPECT, Illinois, a municipal corporation and Home Rule unit, ("Village"), and the City of Prospect Heights, Illinois, a non-home rule municipal corporation ("City") and together ("Parties"); RECITALS: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Illinois Compiled Statutes at 5 ILCS 220/1 et seq. authorize inter-governmental cooperation and agreement between municipal corporations; and WHEREAS, substantial portions of the City and the Village are located along the Des Plaines River and within the Upper Des Plaines River watershed; and WHEREAS, property in the City and the Village is threatened by flood waters from the Des Plaines River; WHEREAS, the United States Army Corps of Engineers ("COE") and the Illinois Department of Natural Resources ("IDNR") have proposed the construction of a certain public works project commonly known as the Levee 37 Project ("Levee 37") to prevent flooding from the Des Plaines River in the City and the Village; and WHEREAS, Levee 37 shall consist of a system of levees, gates, culverts and other flood control facilities along portions of the Des Plaines River in the City and the Village largely on land owned by the Cook County Forest Preserve District (the "CCFPD"); and WHEREAS, COE and IDNR, as part of the Levee 37 Project, require the City and the Village to be the local sponsors which requires them to obtain all permanent and temporary easements necessary for construction of Levee 37 and to maintain Levee 37 once it is constructed; and 2 WHEREAS, the City and the Village have determined that construction of Levee 37 is in the best interest of the public health, safety and welfare and that they shall become local sponsors in order that Levee 37 shall be built; NOW THEREFORE, the Parties agree as follows: 1. Incorporation of Recitals. The recitals are incorporated in their entirety. 2. Contract with Illinois Department of Natural Resources. The Parties understand that IDNR requires local sponsors to execute a standard agreement with it prior to construction of Des Plaines River levee projects. The Parties agree to execute an intergovernmental agreement, either jointly or separately, with IDNR as is required for the construction of Levee 37 so long as the agreement between IDNR and either the City or the Village: (a) is substantially similar to other agreements executed between IDNR and local sponsors for other Des Plaines River levee project; (b) does not contain any financial obligations other than maintenance of Levee 37 after it is constructed. 3. Acquisition of Easements. In order to construct Levee 37, the Parties must acquire the easements described on the attached Exhibit A. In order to obtain easements from the County, the Parties must (a) convey certain real property to the County in order to increase the size of the County's forest preserve; and (b) either compensate the County for the loss of mature trees by paying money to the County, make certain improvements to the County's land which improve the flow of flood waters, or both. 3.1 Purchase and Conveyance of Solid Waste Agency of Northern Cook County Land. (a) Using its home rule authority and for the benefit of both Parties to accomplish the purposes of this Agreement, the Village shall purchase and take title to certain property within the [SW ANCC SUBDIVISION] from the Solid Waste Agency of Northern Cook County ("SW ANCC Property"). The price to be paid and the exact property to be purchased are to be agreed upon between the Parties prior to being required to execute any agreement with the County. 3 (b) Using its home rule authority and for the benefit of both Parties to accomplish the purposes of this Agreement, the Village shall convey the SW ANCC Property to the County upon the County's agreement to grant all necessary temporary and permanent easements to the Village and the City for the construction of Levee 37 within the corporate limits of the City and the Village respectively. 3.2 Negotiation and Agxeement with Cook County. (a) The Parties shall negotiate to achieve a fair agreement with the County for the easements on the County's land, which is satisfactory to the corporate authorities for both the City and the Village. Each Party shall participate in the negotiation process and shall agree on the terms prior to execution of any agreement with the County. (b) The Parties shall work with COE to provide adequate flow improvement areas on County land as part of Levee 37 to offset any cash costs for County easements. The term "flow improvement areas" shall have the meaning described by COE for funding purposes. 3.3 Cost of Easements. (a) The Parties shall share equally in the cost necessary to acquire the easements, including appraisal fees, tree inventory and survey fees, title charges, recording fees and other closing costs. However, each Party shall bear its own attorney's fees. (b) The Village shall advance all costs of the easements, except for the City's attorney's fees and pay such costs as they become due. (c) The City shall pay its share of the costs annually in equal installments over a period of five (5) years. The City shall make each payment within 30 days of its receipt ofthe entire second installment of tax revenue from the County of Cook. The unpaid balance shall bear interest annually at a rate equal to the 12 Month rate in effect when the payment is calculated of the Illinois Funds Short Term Loan rate to available to Illinois Funds participants as published by the Illinois State Treasurer's Office. Such interest shall be figured on the third day immediately preceding the payment of the annual installments. 4 3.4 Acceptance of Easements. The Parties agree to accept all easements necessary for the construction and maintenance of Levee 37. 4. Maintenance of the Levee. Notwithstanding anything to the contrary in the agreement or agreements to be executed between the Village, the City and IDNR as required in Section 2 above, the Parties shall be responsible for the maintenance of Levee 37 for only that portion of Levee 37 situated in each Party's respective corporate limits. 5. Indemnification. (a) In connection with this Agreement, the City shall indemnify and hold harmless the Village, its officers, employees, volunteers, and agents against any claims, demands, costs and expenses, including attorneys' fees for the defense thereof, arising from or in connection with or when caused by an act or omission on the part of the City, its officers, employees, volunteers and agents that constitutes negligence or intentional infliction of harm, provided that such claims, demands, costs, and expenses have not been caused by the negligence or intentional act of the Village, or its officers, employees, volunteers and agents. (b) In connection with this Agreement, the Village shall indemnify and hold harmless the City, its officers, employees, volunteers, and agents against any claims, demands, costs and expenses, including attorneys' fees for the defense thereof, arising from or in connection with or when caused by an act or omission on the part of the Village, its officers, employees, volunteers and agents that constitutes negligence or intentional infliction of harm, provided that such claims, demands, costs, and expenses have not been caused by the negligence or intentional act of the City, or its officers, employees, volunteers and agents. 5 6. General Provisions. 6.1 Sole Agreement. This Agreement contains the entire agreement and understanding of the Parties hereto and may be amended only by an instrument in writing executed by all Parties hereto. 6.2 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Illinois. The invalidity or unenforceability of any provision of this Agreement shall not offset or invalidate any other provision. If any provision of this Agreement is capable of two (2) constructions, one of which would render the provision invalid and the other of which would make the provision valid, then the provision shall have the meaning which renders it valid. 6.3 Term of Agreement. The term of this Agreement shall be effective upon its execution by the Parties and shall remain in effect until the end of the term of the mayor ofthe City then holding office at the time of execution. Thereafter, the Agreement shall be automatically renewed for successive periods coinciding with the terms of any re-elected or succeeding mayor of the City, unless either party provides a notice of cancellation within ten (10) business days after the swearing-in of the mayor of the City. However, no cancellation by either Party shall effect the City's obligations pursuant to paragraph 3.3(c). 6.4 Notice. Any notices required under this Agreement shall be sufficiently given if sent certified mail, postage prepaid, addressed to the addresses set forth below or such other address as shall be furnished in writing by any such Party, and any notice or communication shall be deemed to have been given as of the date so mailed: To Village: To City: Village of Mount Prospect Attn: Village Clerk 50 S. Emerson Street Mount Prospect, Illinois 60056 City of Prospect Heights Attn: City Clerk 8 N. Elmhurst Road Prospect Heights, IL 60070 6 6.5 Authority to Sign. The Officers of the Village and City executing this Agreement, respectfully, certify hereby that each has been duly authorized to sign, and this Agreement has been approved by, the President and Board of Trustees of the Village and the City Council of the City, respectively. 6.6 Severability. In case anyone or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 6.7 Construction of Document. This Agreement shall be construed evenly among the Parties and shall not be construed more strictly against either party, as both the City and the Village have contributed materially to the preparation, form, substance and content of this Agreement. 6.8 Effective Date. This Agreement shall be binding on the Parties and effective only as of the date fully executed by both Parties. 7 IN WITNESS WHEREOF, the Parties hereto have entered their hands and seals. VILLAGE OF MOUNT PROSPECT CITY OF PROSPECT HEIGHTS Irvana K. Wilks Mayor Patrick Ludvigsen, Acting Mayor Date Date Attest: Attest: Village Clerk City Clerk 8 Levee 37 EXHIBIT 1 Cook County Status: ACTIVE INAC1IVr.; Initiation: OWR IDNR LOCAL FEDERAL GOV Rl:QUESl atershed: Des Plaines R. Phase: INQUIRY LJATA LOLL RELON STRJ\T PRO) PLAN DFS & ROW CONSTH OPERA nONS Date: Jan. 1, 2006 PROJECT DESCRIPTION The proposed project consists of a concrete floodwall along the east side of Milwaukee Avenue from Palatine Road to the inter- section of Des Plaines River Road and then along the east side of Des Plaines River Road to a point just north of Euclid Avenue. The levee is approximately 8500 feet long including the tie-back sec- tion along Palatine Avenue. IDENTIFIED PROBLEMS Recurrent flooding along the Des Plaines River ca uses an estimated average annual damage (baseline of 2004) of $25,228,500 (69% traffic dam- ages, 20% residential damages, 8% commercial/industrial/public damages, 3% emergency ser- vices costs. Largest damage cen- ters are near Des Plaines, Pros- pect Heights, Wheeling and Gurnee. Small stage increases down- stream extend for miles. 200 acre-ft of storage would alleviate levee damages. PROJECT STATUS The Chicago District of the Corps of Engineers began the engineer- Ing and design of this component of the Phase I Feasibility Study In 1999. P&S of Levee 37 Is com- plete. IDOT Is considering raising Mil- waukee Road as a component of the flood control project. CDM hired February 2004 to work on new Ideas for additional stor- age that would become an Inter- nal component of the project. Corps is preparing a limited Re- evaluation Report (LRR) which will Identify the storage site in the Buffalo Creek Watershed neces- sary to make this a permlttable project. PROJECT COSTS PROJECT BENEFITS Average Annual Benefits of $1,732,327 and Average Annual Costs of $833,701 for B/C :: 2.08 (Corps 1999 report values) $26,030,199 total first cost In- flated to end of construction plus costs for required storage which includes cost of Site 3 - Plan 1C and non-federal betterments of 304 000. I (;lim..mret . .. . Expended 0 $2,870,307 $ FY-2006Budget 0 0 $0 FutureYears $9,911,860 $12,096,722 $ Total Cost $9,911,860 $1,151,310 $14,967,029 $26,030,199 Funding levels do not reflect potential Section 1 04 cred its from Levee50. ~ J RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF PROSPECT HEIGHTS AS THE LOCAL SPONSORS OF LEVEE 37 WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Illinois Compiled Statutes at 5 ILCS 220/1 et seq. authorize inter-governmental cooperation and agreement between municipal corporations; and WHEREAS, substantial portions of the City of Prospect Heights (City) and the Village of Mount Prospect (Village) are located along the Des Plaines River and within the Upper Des Plaines River watershed; and WHEREAS, property in the City and the Village is threatened by flood waters from the Des Plaines River; and WHEREAS, the United States Army Corps of Engineers ("COE") and the Illinois Department of Natural Resources ("IDNR") have proposed the construction of a certain public works project commonly known as the Levee 37 Project ("Levee 37") to prevent flooding from the Des Plaines River in the City and the Village; and WHEREAS, COE and IDNR, as part of the Levee 37 Project, require the City and the Village to be the local sponsors which requires them to obtain all permanent and temporary easements necessary for construction of Levee 37 and to maintain Levee 37 once it is constructed; and WHEREAS, the City and the Village have determined that construction of Levee 37 is in the best interest of the public health, safety and welfare and that they shall become local sponsors in order that Levee 37 shall be built; SECTION ONE: That the President and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement regarding the local sponsorship of Levee 37, attached hereto and made a part of this Resolution as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this 51 day of December, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\files\WIN\RES\1 ntergovt Agrmtprospectheightslevee37dec2007.doc RESOLUTION NO. -07 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE FOREST RIVER FIRE PROTECTION DISTRICT AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect and the Forest River Fire Protection District are desirous of entering into an Intergovernmental Agreement; and WHEREAS, the Intergovernmental Agreement being the subject of this Resolution provides for the Village of Mount Prospect to provide for the fire protection, fire prevention and emergency medical services for that area known as the Forest River Fire Protection District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest his signature on the Intergovernmental Agreement between the Forest River Fire Protection District and the Village of Mount Prospect for the year 2008, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of December, 2007. \, , Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKOlfilesIWINIRESIForestRvrAgrml. 2008.doc K FOREST RIVER FIRE PROTECTION DISTRICT A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO AND THE VILLAGE OF MOUNT PROSPECT A MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO AGREEMENT WHEREAS, THE Village of Mount Prospect, hereinafter, referred to as "The Village", a municipal corporation organized under the laws of the State of Illinois and the Forest River Fire Protection District, hereinafter referred to as the "District", a municipal corporation organized under the laws of the State of Illinois, and WHEREAS, both the Village and the District are municipal corporations organized under the laws of the State of Illinois and as such have the power under State Law to enter into agreements for providing fire protection and emergency services, and WHEREAS, THE Village has agreed to provide such services to. the District in accordance with the terms hereinafter set forth. NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE VILLAGE AND THE DISTRICT AS FOLLOWS: 1. That for the period beginning January 1, 2008 to December 31, 2008, at 12:00 midnight said day, the Village shall furnish all fire fighting, fire protection, fire prevention and other emergency services, including emergency ambulance service, by such volunteer or paid on call and/or regular firemen available to the Village as the Fire Chief of the Village shall determine, to the District for a certain area as shown and outlined in red on Exhibit 1 attached hereto and made a part hereof. 2. That for the period of time during which this Agreement shall be in full force and effect, the District agrees to pay and the Village agrees to accept as full payment for said fIre protection, fire prevention services and emergency services, that amount of monies received from tax receipts, replacement taxes, interest and other miscellaneous income collected during the period beginning January 1, 2008 and ending December 31, 2008, less all reasonable costs of nmning the said District, including, but not limited to, all administrative legal salaries and other expenses incurred. (2) ~ A. It is understood that the District shall levy taxes at the maximum rate authorized by statute without referendum, which shall not be less than .30% of the value of all taxable property within the District, and shall apply for and make all efforts to receive any available state and/or federal aid to fire protection districts as is now available or may be available during the term hereof. B. The District will retain the sum of $2,500.00 to handle any contingency or emergency matters that may develop during the year. All other monies shall be paid to the Village as follows: On January 15, April 15, July 15 and October 15, 2008 all monies over and above the aforementioned $2,500.00 contingency fund shall be paid to the village. . C. In addition, the District shall provide the Village with the follows: ( I ) A copy of the schedule of meetings of the District for the year 2008, be furnished upon execution of this Agreement. (ii) A certified copy of the Tax Levy Ordinance adopted by the District for the fiscal year 2007 thru 2008, to be furnished upon execution of this Agreement. ( iii ) A copy of the District's audited financial statement for the period ending June 30, 2008, to be furnished within thirty (30) days after receipt by the District. ( iv ) A copy of the Minutes of each District meeting, to be furnished within (30) days after each meeting, when requested by the Village. ( v ) The District shall provide the Village with copies of its quarterly receipts and disbursements, for informational purposes only, it being fully understood right of pre-approval regarding said disbursements. (3) 3. That the Fire Chief of the Village shall have the sole and exclusive right, duty and responsibility to prescribe the manner and method of giving the alarm for fire and/or other emergencies occurring within the District's territory as outlined upon said Exhibit I. 4. That the Fire Chief of the Village or his authorized representative shall have the sole and exclusive authority and responsibility to direct and control any and all fire fighting, fire protection, fire prevention and other emergency operations carried on at the scene of any alarm or emergency occurring within that territory of the District shown upon the said Exhibit I. 5. That all fire fighting, fire protection, fire prevention and other emergency procedures conducted under the provisions hereof shall be conducted in accordance with the regulations of the Mount Prospect Fire Department and the ordinances of the Village. Furthermore, the District agrees that within thirty (30) days of the execution hereof, if permitted by state statute, it shall pass and approve ordinances identical in form and content to the ordinances of the Village which deal with fire fighting, fire protection, fire prevention, building construction as related to fire safety and other emergency procedures. Certified copies of said Ordinance(s) shall be submitted to the Village within ten (10) days of their adoption by the District. 6. That all expenses and cost of maintaining equipment, apparatus, salaries, insurance premiums and any and all other items of expenses connected with the several services contemplated herein to be supplied by the Village to the District shall be borne by the Village. The only expense falling upon the District shall be in the form of the payments scheduled to be made hereinabove under Paragraph 2b. 7. That, within seven (7) days of receipt of notice of annexation by an municipality of land and territory within its district (as shown in orange upon the said Exhibit I hereto), the District shall forward a copy of said notice (with the legal description contained therein) to the village by addressing same to the attention of: Village Clerk 100 South Emerson Street Mount Prospect, Illinois 60056 (4) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective offices and have affixed hereunto their respective corporate seals, all having been authorized by the adoption of a suitable Resolution passed and approved by each of the respective parties hereto. Village of Mount Prospect By: Attest: Village Clerk Forest River Fire Protection District ~.f7 A_:~~ Secretary Dated this day of , 2007 FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 Exhibit A '0 ~ (.I) ~ o ::;; :ll' a. Iii :;. Ii' z E C l.ttli[tJ McDonaLld Rd 8!/ nil19 8!./::ir' -'m! Fmk ~ Eudia: Ave z @3 ...- ~ e """' Xl ~ ~(t z ~ 'i, '%I .C:.. FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 RESOLUTION NUMBER 2007 - 03 Pagel of2 December 4, 2007 Resolution Authorizing Execution of an Agreement With the Village of Mount Prospect WHEREAS, the Forest River Fire Protection District has requested the Village of Mount Prospect to provide services of the Fire Department of the Village to said District during the year 2008; and WHEREAS, the President and the Board of Trustees of the Forest River Fire Protection District have determined that it would be in the best interests of the District and the Village to enter into an Agreement with the terms and conditions set forth in Exhibit" A" attached hereto providing that the Mount Prospect Fire Department service said District. NOW, THEREFORE, be it resolved by the President and the Board of Trustees of the Forest River Fire Protection District, Cook County, Illinois: 1. The President of the Forest River Fire Protection District is hereby authorized to execute, and the Secretary to attest, the Agreement between the Village of Mount Prospect and the Forest River Fire Protection District, a copy of which is attached hereto as Exhibit " A. " 2. That this resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 RESOLUTION NUMBER 2007 - 03 Page2 of 2 AYES: 3 o NA YS; ABSENT: 0 Passed and approved this ~ day of JA'.::'?m tR.r, 2007 A TrEST: -'~ t:::P.rf. Adam Ba / ski, Secretary FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 Exhibit A tl1 .~ 0' ':+; ~ Cl. 'CI a:: .... Ul ;:;;. rr z E C.am;'J r,,"cDonar,d RIi 81.,' ninl;? 81.,':or' ~"ji! Pmk E Euclid .t.J,ve z s 00;;;. .0 ~ XI ~ tID z .~. & Xl .c. \(1 ORDINANCE NO. 2007-02 ORDINACE LEVYING AND ASSESSING TAXES OF THE FOREST RIVER FIRE PREVENTION DISTRICT, COOK COUNTY. ILLINOIS FOR 2007 BE IT ORDAINED by the Board of Trustees of the Forest River Fire Prevention District, Cook County, Illinois, as follows: Section One: That the sum of FORTY -SIX THOUSAND EIGHT HUNDRED AND FOURTY DOLLARS ($46,840) be and the same is assessed and levied from and against all taxable property within the limits of the said Forest River Fire Protection District as the same is assessed and equalized for State and County purposes for the current year, 2007, and which ordinance was duly published as provided by law, and the specific amount hereby levied is set forth under the column entitled "Amount To Be Raised By Tax Levy," as follows: AMOUNT TO BE RAISED BY TAX LEVY: CORPORATE FUND Corporate Fund Levy $42,640.00 The foregoing amount is hereby levied for corporate expense pursuant to the previsions of 70 ILCS 705/14. AUDIT FUND Audit Fund Levy $2200.00 The foregoing amount is hereby levied for audit expense pursuant to the previsions of 50 ILCS 310/9. TORT LIABILITY FUND Tort Liability Fund Levy $2000.00 The foregoing amount is hereby levied for tort liability expense pursuant to the previsions of 745 ILCS 10/9-107. LEVY SUMMARY GRAND TOTAL $42,640.00 $2200.00 $2000.00 546.840.00 TOTAL CORPORATE FUND TOTAL AUDIT FUND TOTAL TORT LIABILITY FUND Section 2: That the Secretary is hereby directed to file certified copies of this ordinance with the Cook County Clerk within the time specified by law. Section 3: That this ordinance shall be in full force and effect from and after its passage and approval as required by law. ADOPTED this 6th day of November 2007, pursuant to a roll call vote as follows: AYES: ...3 NAYS: 0 ABSENT: CJ President, Board of Trust Forest River Fire Protection District ATTEST: ~- Forest River Fire Protection District FOREST RIVER FIRE PROTECTION DISTRICT 207 LEE STREET MOUNT PROSPECT, ILLINOIS 60056 December 4, 2007 MEETING. SCHEDULE Notice is hereby given by the Board of Trustees of the Forest River Fire Protection District, Cook County, Illinois, of the regular open meetings covering calendar year 2008. They are to be held at the Forest River Community Hall, 207 Lee Street, Mount Prospect, Illinois at 7:00 P.M. The meetings will be held on: January February March April May June 8th 12th 4th 1 st 6th 3rd July August September October November December 1 st 5th 2nd 7th 11 th 2nd Thank You, ~L Adam Bacza ki Secretary MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 14, 2007 SUBJECT: PLAT OF DEDICATION - HENRY STREET DEDICATION ST. EMILY'S (1400 E. CENTRAL ROAD) CATHOLIC BISHOP OF CHICAGO - APPLICANT Prior to being incorporated into the Village of Mount Prospect, St Emily's and the surrounding area was developed under Cook County regulations. A portion of Henry Street, west of Stratton Lane, was vacated under County jurisdiction and half of the right-of-way was given to St. Emily's and half was given to 120 Stratton Lane. It is unclear why Cook County vacated a portion of Henry Street as it was an existing, improved right-of-way, and the ROW was never redeveloped by either benefiting party. 120 Stratton Lane is a single family residence formerly owned by St. Emily's and was used as a Convent for St. Emily's nuns. The property was recently sold, which is how Village Staff was made aware that the ROW was never dedicated to the Village of Mount Prospect, although Henry Street has always been plowed and maintained by the Village. Therefore, the Applicant has prepared a Plat of Dedication giving that portion of Henry Street, west of Stratton Lane, north of St. Emily's parking lot and south of 120 Stratton Lane to the Village of Mount Prospect. Attached is a copy of the Henry Street Dedication plat prepared by the Applicant. It denotes the location of the area to be dedicated to the Village and includes the appropriate signature blocks. Staff has reviewed the plat and found it to be prepared according to all Village codes and requirements. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 18, 2007 meeting. Staff will be present to answer any questions related to this matter. WJt l, ~h William J. Cooney, Jr., AICP C:\Documents and SettingslBCooneylLocal SeuingslTemporary Intemet FilesIOLKIIPZ-40-07 ME! Memo (1400 E Central- plat of dedication - St Emily's).doc L- Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: SENIOR PLANNER JUDY CONNOllY FROM: VilLAGE ENGINEER JEFF WUlBECKER DATE: NOVEMBER 27,2007 SUBJECT: PZ-40-07, HENRY STREET DEDICATION (HENRY STREET AT STRATTON LANE) The Engineering Division has reviewed the Henry Street Dedication, and finds it meets all requirements and is acceptable. The Engineering Staff has no objections and approves of the proposed dedication. 128 127 '-I 12& 127 12& , 124 125 124 ~ 122 123 122 120 121 120 I E HENRY ST 201 E 133 131 130 129 PROJECT LOCATION 125 21 19 C!: ..., ~ CI:: g ~~ 17 15 9 o o :! H :\Engineering\Development\Reviews\StEmily\HenryStreeIDedication\Approved.doc N W+E 5 GRAPHIC SCALE 2~Q ( IN F'EI,l' ) I inch ~ 20 fL. CALLERO & CATINO'S FIRST ADDITION TO ST. EMILy'S RESUBDIVISION LOT 10 IRON PIPE 0.04 NORlH AND 0.07 WEST CALLERO & CA TINO'S SECOND ADDITION TO ST. EMily'S RESUBDIVISION LOT :L PLAT OF ~" \j Y"t f' ",: ~ :~, r: r: n. l! H It': '); l' f:.~. &.,{ pm ] '!"" i .. ,I, , . ,. ""., G "I f l~ ;~7< ~ },"} ~ ~ ,~ \~ ;':"'4. r-( / HENRY STREET DEDICATION ~:: -,!, .....- "'I ~~ "'2; ;!:F l';~o s~~ ~-t.CO tJ- to ~~ l!;i3 "'"' z'" ~;!: h IRON PIPE AT PROPERTY CORNERJ OF ALL THAT PART OF VACATED HENRY STREET AS VACATED MARCH 13, 1964 AS DOCUMENT 19072457 DESCRIBED AS ALL THAT PART OF HENRY STREET IN THE SECOND ADDITION TO BLUETT'S F AIRVIEW GARDENS LYING WEST OF THE WEST LINE OF STRATTON LANE EXTENDED SOUTH; SAID SECOND ADDITION BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER AND PART OF THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. z o ~ >-0 L., ~ ~~ [""""' 1< < Z9~ .....,..c I- 0 ~ ~ i3~ L., ~ i2~ [""""' t~ rn. to ~ tOJ: SEe FAil SECOND ADDITION TO BLUETT'S FAIRVIEW GARDENS SUBDIVISION LOT 17'1 PIN: 03-35-414-005-0000 Z 141.15 E. HENRY 66 FT, RIGHT-O HERETOFORE DE[ IRON PIPE AT PROPERTY CORNER " ry~ 9,)....., APC:~ &>. ,..." ~ ~, _ Rj).\J' REC.a115.84 t.tEAS.-116.11 IRON PIPE AT P.C.J o o .- 0> HEREBY DEDICATED FOR PUBLIC STREET AND PUBLIC RIGHT OF WAY -_________ AREA: "" 9,448.6 sq. ft. 0.2169 acres RESOLUTION NO. -07 A RESOLUTION APPROVING A PLAT OF DEDICATION FOR HENRY STREET, WEST OF STRATTON LANE, NORTH OF ST. EMILY'S PARKING LOT AND SOUTH OF 120 STRATTON LANE WHEREAS, the Catholic Bishop of Chicago, (Petitioner) has requested approval of a Plat of Dedication for the purpose of dedicating, to the Village of Mount Prospect, a certain portion of its property, located at Henry Street; west of Stratton Lane, north of St. Emily's Catholic Church (1800 East Central Road) parking lot and south of 120 Stratton Lane as public right-of-way; and WHEREAS, the Corporate Authorities of the Village, after due consideration, have determined that it is in the best interest of the Village and its residents to have such property dedicated and to approve and appropriately record the attached Plat of Dedication. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The dedication of the public right-of-way is hereby accepted for the property at Henry Street, west of Stratton Lane, north of St. Emily's parking lot and south of 120 Stratton Lane, and the Plat of Dedication attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of this Resolution. SECTION TWO: That the Presidenf and Clerk of the Village be and are hereby authorized and directed to sign said Plat of Dedication on behalf of the Village. SECTION THREE: That the Village Clerk is hereby directed to take the necessary steps to record a certified copy of this Resolution and the attached plat with the Cook County Recorder of Deeds. SECTION FOUR: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of December 2007. ATTEST: Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H :\CLKO\files\WIN\RES\PlatofDedicationstemilyshen rystreetdec2007 (2).doc MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 14, 2007 SUBJECT: PLAT OF V ACA nON ALEXIAN BROS. (199 W. RAND ROAD) PAUL SHERIDAN, HAMILTON PARTNERS - APPLICANT Construction of the new Alexian Brothers medical facility development at 199 W. Rand Road required consolidating the existing two lots of record into one lot of record and relocating/creating new easements. In order to comply with Village Code requirements, the Applicant prepared two plats, a Plat of Consolidation that creates one lot of record and a Plat of Vacation that vacates an easement that is no longer needed. The Plat of Consolidation does not require Village Board approval and will be approved administratively by the Director of Community Development. However, the Plat of Vacation requires Village Board review and approval. Attached is a copy of the Plat of Vacation prepared by the Applicant. It denotes the location of the vacated easement and includes the appropriate signature blocks. Staff has reviewed the plat and found it to be prepared according to all Village codes and requirements. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 18, 2007 meeting. Staff will be present to answer any questions related to this matter. ~~J~n~ C:\Documents and SeningslBCooneylLocal SeningslTemporary Internet FilesIOLKlIPZ-23-06 ME! Memo (199 W Rand - pial ofvacation - Alexian Bros).doc ~ Motmt Prospect ~ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: SENIOR PLANNER JUDY CONNOllY FROM: VilLAGE ENGINEER JEFF WUlBECKER DATE: SEPTEMBER 6, 2007 SUBJECT: PZ-23-06; ALEX IAN CONSOLIDATION (199 W. RAND ROAD) The Engineering Division has reviewed the Plat of Vacation for the subject property, and finds it meets all requirements and is acceptable. The Engineering Staff has no objections and approves of the proposed vacation. Please feel free to call if you have any questions. Jeff Wulbecker C:\Documents and Settings\JConnoll\Local Settings\Temporary Internet Files\OLK2\Memo-PlatVacationApp.doc 0::: ~; ;TREET Z.".:;, 2 ~~ 0,,; ~!~; ~}f :' ~ ;~\, ~& l~X !~l ::'i S CERTIFICATE ;, - ~~ l'''('''S ~ ~ll:_Gtw 847.548-6600 F....X '548-6 PLAT OF VACATION OF 1I1( '/1f Ill'H,IIlHf ro Y1LV'\:( W M()(IHI I"RO';!>I:C;1 rur, WMFII MAIN_ I.YI",r; Ill" f_"UI :.Illl.: 111"......0 1.1I".....Ltl. "'/II OIl';T""\; WM(l1 I.lIIIH Aern!";:; WI II (t::Ut'I fl'i( Wl';1 HI' OF :;.\11) rl\'>i-:MfNr) II~; UlJ'lUEU ON 1ll\flfl.t/lM/II 1'1'.1 1ll\NO ';umlM_;~IH Ht,;O"U(o l\l'll1l. 1$. l'lII';, 1\5 00/;. NO :'''';1611';1 '" ""- r,,> I"" l~ " , <'''''''',,:,,,,,''e-M' ~",', I ,i);Ot'i';;; ,;,;";,::,,:'~, "fl-', f'~'~ I - I I _1 '~ Hi" ':;I I _ /~5~~1f.1 I <" 'h;'~. 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Oo\Y Of JULY~ r ( PRESIDENT AND BOARD OF TRUSTEES _~~_W iv~- CERTIF1CATr - ___u_ ---- -- ...--.- ~L~~i ';:~~5:~M~~ :00:' He> l'.-~~_ // ,", ACCQR[).l>lCL Wl1H U STill '991. C" 102. 5LC'ION 2_ 1HlS pv\1 <l"'~ SUN S\J9~l'I';:':' ..[CORVIN(; OY N,'U.!. _~"6__atL..~.JI'H~1tt.~r_. _u_~ ~~~ /Y.f /' J' :~':~_P~- QI JZctci:~_ ~E!'l1ry I'I~T fHE UNOE'~SlGlIl(1) 15 (/lIlI) hlf tEeN. r 7;'[ 1"'''10 :-H(!WN '.Hf: l'tS<.RltJEf: 'JOi mE /lt1>K.Xf_U PlAT ,.,'~', ':'\'~':>E; TH[ ~~"'l '0 or SUl\o/{n:c /1.$ '~l'ICAT(O :q 7'-', ~~fS "N(} PUllPQS(S mER(l,., S[1 rOQT" AD 2007 ._!!'.LI_~ft_s.pt2Ct~JL.J'P~~_ l(r.:fEC: t-'-C- :":"/~L/ Y CERTlFICA!E L.IN()I'i) ~'OvR[S'i_~!i..st.-...-.-.-______ "" ;;-;A,!;CfILL....Ol'i) ':'Ot:Nl" or cOO><) Nor ARY CERTIEIl:!< TE Af'''Rever: BY 1101<: f'R(<;IOfNT ./11[> ROARI,) Of ,RUo:.:([5 :or ,HE YlllAG( 01 "'OUNT PROSPECT, COOl< COUHn. 11.L:~O'5. THIS_OI\Y or~. 20_ P.uitqO " _~4atl/t.l~____ ~ "IQi-.l'lv PL'611C ,/0 ~N(} rOR Tl'IE C:)UN:-Y A": '['.>1110, 00 HU~H.. CERHI" TIt...1 ---'.A4I-...;~_ v ~.HQYI"" T(' ~I~ 1(\ BE 1>$ ~"'l,I( PERSON _t'5E NI\Io([ IS SUB<;CRIBW TC C'~ 1"'5'Ru'~[NT ~!' 5:h:1t LECAl O'o'IWtR H"'~ III'PfAR(O Br~ORE Ilfl THIS ~"'0" "NO 'CY.N0W~LOGW rHAT H[/ SHE Sl(:N[t' "'ND DrllV[REO S"lP , A~ !-. rile:: ANe V0\.'-''lI~p.r ...:T f:lP. THf lJS(5 .ANO PURPOSES T!i{R(IN "iLL"G["'J;;:S'()CN~_~_ / ' \/ ,1~", E-<f-~' VILL....S;.E ENGINEERS :ERTlFICA TE ~Oll Sll\r( or IU,II'I/Doo:;) ~P lJT .....ND "'NO 'W;.AR'III. 5[IIL THIS ~ t)A.l or 12r;r~i~_ APPIl(.....CO BY ".- YlLLI\"( t~~'''f;;r, 'C. ;I'l,'i.;...~::y ...OUNT PA05Pf(1. C(j()y, COUI'" 1,,''1'"'' "'I''' ,...., or_.20~ (;I\;[N UI'I/U[R II' KAN(l AHO fI:::T.ARII\l 5(Jl1. T"I5.5'1O( DAY ,If O(tabFr 2()~ - Sll\'€or'LL./II()!S) CCL"H'TQrCClO'$ TH'~ INqRuI.l(NT NoJW1EJ; ________ f1LU, r(1R qrs(\qo IH ftlE R(C()RO[R.5 en'ct 01 ::CQK CO;JN":. lUII\I()15 O~'..' ",..~ _ f)"'V ~r ....0 20. ..., O'ClOCK _ _ M. ~,.C WJ\5 J;',~:,,<~)~r '.. <Y.:lJ~ _ C~ S:U>~::; :II\; PI\-';!; " f_~S .. _<;to.lWS!<l. ~lotlOl!. p~orn~.oo.... LOt<<: i.;k".:;;~ ',;:"l~ '....1 , _ ....-'11> 'lie POl(IP(RTV A~ otst~lI:I[to ...:1-., ...r. \-~, l Ilt~("" _ ,~ J\ ~U"'lSU"J\'1lllI CF ...,..; !\.uR1I\.' "'''['''''01' '''l .. r{oll.N(l OEC_ PNt1S l"'llI:or. IttI'; I'tlI,W(S1:S(~'';:( .J.... 1(: 'HI: CUfl'lt~1 o.lllo(JlS "- S'''>II>UlOS "f ~~, oI""'~l i"""':' -7L'.... '~-'{f.. ,~,,,. ""~'. ,',"' ,/1 . uL~WM*~~ .._~.-._- .J~~ ;'10" ,Y<>Ihr" !;S.''c4-/I~ ,U~T 15. 2<<17 !ClIAHG ADOIlUSl tUAl~t.~lVlllllc.[COMMf./IIn) ~""~1I. JOOIIIVlU.AG~ COHMllllnl 16t79~ " OWt...t.iN[.'s.'IK_ It;lOW.....!fI;".D_MT.PkOS ,..-~.~., A ~..."_...... ,~. ." ... ,.'" '.~''''''''~ .'&. ~n"..' COUNTY or ~OO": ~9QK CO~NTV.- RECORDER'S CERTIFICATE VllLA<;((i'lCI"EER rOTA, AREA OF \'^CArIO~1 = ,4,021 SQUARE FEET OR '0,0925 ACRES RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF VACATION OF PUBLIC WATER MAIN EASEMENT AT ALEXIAN BROTHERS MEDICAL FACILITY, 199 WEST RAND ROAD WHEREAS, Paul Sheridan, Hamilton Partners ("Petitioner") has requested approval of a Plat of Vacation for the purpose of vacating an existing public water main easement located at 199 West Rand Road, Mount Prospect, Illinois ("Property"); and WHEREAS, the Petitioner is in the process of completing the construction of a new medical facility development at the Property and the existing water main easement is no longer applicable to the development site; and WHEREAS, the Petitioner's Plat of Consolidation approved by Resolution R-23-06 dated November 28, 2007 includes a new public water main easement that is applicable to the redevelopment of the site; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Plat of Vacation for property at 199 West Rand Road, a copy of which is attached to this Resolution as "Exhibit A", is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this th day of December, 2007. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk C:\Documents and Settings\JConnoll\Local Settings\Temporary Internet Files\OLK2\Plat of vacationalexianbros 199w I~~ 1',,'::;1 ,,,'''' p'Ol -,.'" J! ;,,' IW I"". '''.'''1 ,,'" ,; ;;; I'" c' .." I :1:;; F :;;'<~"f"i:\;#~":;';~'''''"'"C ,.,_ . . 1!! :1! I - - -_.- ..:- .!~ '.!.~.Il)OC ~-/~~~I~";P-. -.' .-='I._.I.N' !~ IH~=i)lg~'" -- -.-...- _I~\~ \1 _, _ ,_ I --,~ -=L.. /~,p D'" u_ _ ~, ,> ",HI' 1 f'p1 - - --- .. 1 1 ~ 1 J I H~cl--1-_L. ~ I /:,!;jO:~~ ,,1 I --............. co a:: _ ", ~, . ",1 ( ---: %:~ ", ~~.;!11',; \ "__ " ' ~ ' ,. ..'.1' I >- 6, I~.;;; ~' \,/' 0\ /\) <:l 'i~~~ ~;;, I ~<--,' " \ " ~a'''' .:.,1" 0" _. ",_ · 0'" '0."" ,~" _ . . ',"' "'V" ,,," ,o,'\5N', I ~Zl ' 0 I-~ ,------", <,' ., ::.g~.." 6 _ ,<' ." ,~. ./ oF' ,'.' 'l' I ~(/)> ~ :5 ,;;'1 \)J ,'" ~:gcil'O Z:" . : I:,' ' ," ~,;, ;" W''''~ "J cDI ~ ~' ~;>,.\i\.~1 I '" ,e" . ".. q' ~ ' .>." p5~ ' ~ ~:t'1 '1,Ci 1!bffil~Zi'1 I ", "., ,."" " ~ wi:;! c I oix~l~ \ I ~i~i i~~ illN ~ W 1(;. I c ~(~ '"~ ~w I : 81 8 \~ ~g;1 I C "I.. ,,, ,.' ' "o.~:' ,. ' " ',.,,' ,r: '" , I 8 < .. ~__.. ./::'0' . " :.;'1:',1" ~. - - ( -,,~O_ - '-~ '. ,,- ." ' ' .& ' ' . -- -" ~ "" '"' < ~, . . ' -- ;:'\' i ., . \ , ..... ... ,: ",: i ,'" -- -- -. --- - ","'""0' ;,:" . '-- --449.20'-~ -- -' ." -- ,,",: 3'OC' .' ~~ c' 'VB" _ . SOO'41'23"W - -- ,__ " 0' I '0 c" ",'"'' ':; _ -:- C_, " ,,' ,....".. ~~~.~ ,,::-, !! !':j ~. I Iffi ~~I ;~ 5 ll.;:r, "o- J. t.?, (~-,' i , i I 1 I I i -1- l'~: .:'1"0 en . ''DO 0,0 <ON U) +',)0,0 STREET . -'" _w O_v o~ 0':' N~ '" ,g , 'NER'S CERTIFICATE ~ ,---..---.---.- ~ o~ ILLlN01S) "" or~.&w SS IN ACCORDANCE WITH ILL. STAT. 1991, CI-l 109. SECTION 2. THIS PLAT HAS BEEN 5'J8M!TTES' ~OR RECORDING BY, NAME,~aE-M-~~r_-- IS T~ CERTIFY TI-lAT THE UNDERSIGNED IS (ARE) THE LEGAL ::R(S) (IF ;,..lE LAl\iD SHOWN AND DESCRIBED Qt\! THE ANNEXED PLAT. Hf.'.s r\-lb-\i("i C.ll,vS€O THE SAME TO BE SURVEYED AS Itl,lOICATEO tEON, .~(;~ 'Ti-lE USES AND PURPOSES THEREIN SET FORTi-! ADDRESS: l;;o ~. &:;IMAIU...,ttol !If """Nt p(b~"c:;q, Il.. .OD5'" ~-''''I-: J. ' :D THiS ~D.A.~ OF Of:."c./)(/L. AD, 2007 'I' 1117: l f..r .; I'€c..,- (... t..c.. /) /..- ./ ./ /' ;;.:....( ..L~"/~ ~ER - DT ARY CERTIFICATE - .----_. RETURN PLAT TO '" ,,1 E DF ,LUNDIS) " " SS IL!NT'f o'~~Q . ~ri-~1l..1tV A NOTo,RY PUBLIC IN AND FOR THE COUNTY AND A.TE ,AFORESAID. DO HERE-BV CERTIFY THAT ~ R50NAll Y KNOWN "C' ME TO BE THE SAME PERSON WHQSE NAME IS SUBSCRIBED TO IE C"OREGO!NG INSTRuMENT AS SUCH LEGAL OWNER HAS APPEARED BE~ORE ME THIS IV IN PERSO"'l ANDA.cKNOWLEDGED THAT HEI SHE SIGNED AND DELIVERED SAID STRUM::NT A.S A FREE AND VOLUNTARY ACT F:::JR THE USES AND PURPOSES THEREIN :1 fQRTy VII.J.t-~;~1'l~!.N.E~RFERTIFI<:A TE STATE or ILLlNO!S) VEN uNDER MY YAND AND NOTARIAL SEAL THIS 5-A DAY or DClo6o:f'... ,2all SS CDUN1Y OF COOK) , l~. J-aA~-'~ GlARY pul!LlC COM~.4\SSION EXPIRES: !J5./c4-IIO APPROVED BY THE VILLAGE [!'VINER Q~ THE Vii...L"';;E 'Jc- MOUNT PROSPECT, COOK eQUITY. ILL'NO!S, TI-l!S__C'AY or __,20_ OFFICIAL SEAL JOAN SABOURIN ',," PU8I.JC stt.Tt OF IU,IOS ...~EJPM$fMII\O VILLAGE ENGINEER :VISED; AUGUST 15, 2007 (CHANGE ADDRESS) :V1SED: FE8RUARY 1, 2006 (VILLAGE COMMENTS) :VISEO; DECEMBER 28, 2006 (VILLAGE. COMMENTS) "-TE: 1t1LY 27. 2006 RDER NO: 06'279" lO}_NO:Y'S2.1 ::>p,: HAMILTON PARTNEP5, INC. m}. NAME: 199W. RANiJ RD- MT.F'ROS. :..)'C'9h\:;:HI'/ S.U"'"'Y'''9 '" M';I;>";":;" !..~, ?:007 ~jl "!",~Sil'>"O', C"~':I" r"m R...,isl,,,hcon '1e~-OO279J 1 '~l .- J ./ ( IN Jo'EJ::T ) I mch 30Il , , ,Al~r:~ ';UO.II'CI [0 covI\lANT": ~1.. i(r~;r),lIClILJII~; . A{;'.,OH[)INC 1\) 1\1'01 M;I;:.LM[t-H fliT n.HRIIAI?Y 11, l"liJ A:, DOr: 1:1;1/.\// ", // : / NOO'4 l'16"E // ._--1-1_.__559.48'_ L_ :\67,4B' - ------ ~ '. .- 6CO.4f.!'(M) @O.,\:)'(Tl) -=.-10' EAS[MENT TO NORTHERN ILllNOIS r- "AS co DOC 10939169 k TO /. COMEO &: IElT CO, DOC. 18828556 L J AS SHOWN ON DOC 27516851 EAST ~.:L ~~Q~~' 1 =~ --266.20'-- 2543~~&MT' .~....... ~ #,o,~ i:? ,;:;i, &, aa ...'? 0'1- q! ~... y 7a~ ~URV!.Y()R~ !>!:SJ~N.AT!ON_Qf..!E_~Q~Dn>JG ~<::) STATE or ILLINOIS) ~- SS ~ COUNTY or LAKc) / I, THOMAS F. WASILEWSKI, A PROFESSIONAL LAND SURVEYOR IN THE SlATE OF IL!...INOIS HE DESIGNATE "......". "f ......"'l' H..!ip<<-L-- OF t'".~i ~,~~ ~:r, IN Mol""" P&,sf..,r It... TO RECORD THIS VACATION PLAT WI1H lHE COOK (City, state . COUNTY RECORDER OF PLATS THIS DESIGNATION IS GRANTED UNDER THE R1Gt--iT 10 DESiGNATE SUCH RECORDiNG UNDER CH.APTER 109, SECTION 2 DF THE Ii...UNOIS REv!SE: STATUTES. AS A CONDlTJON Of THIS GRANT, SAID DESIGNEE IS HEREBY REOUiREi: TO P;:; TO THIS SURVEYOR, A CERTIFIED COPY OF SAID PLAT, IMMEDIATELY UPON RECCRDIN':; Of RECEIPT OF SAID CERTIFIED COpy WILL SERVE AS NOTICE TO THE SURVEYOR Th;..T Tnt PL.' HEHEON DRAWN HAS BEEN RECORDED. ~"O ~, "'" ~, if '"".~ r PRESIDENT AND BOARD OF TllUSTEES fJ- w 'Iv m._______.__._ .______...___ iLLINOIS PROFESSIONAL LAND SURVEYOR NO, 3:,-2:- CEIl.I~F!~~ I~ LICENSE EXPIRES NOVEMBER 30, 2008 1I1L ;>00.0' w~~;r 01' .'I.: 1>,\I~AUn Willi '.;',Il) IIH[ r.or~MINC AN ,,",Lf Of ~lO'of.lr4[)" M[^~;UI(r:fJ 1.lmM wlsr H) ~lor~rll WIIH Ji[ ~;OllTH liNt OF IHf. ~;W 1/,1 01 ~;I:CfION 'J.l- Q .11(1}) II' ilT-__.. COI?NFIi - " -~ -0 a~ ~<':J v /\) a~ ")\)' ;;> ~/ ~O a..' /'1" ,,0 ~~- \)"J ~'?' '-:s ,O;~ Q,~ ,,'" 1-" / ". " 7,0 <.5'6' "0. ':'~\'" "6' '''",. "0" 'sio;<V '~...>,r1) ~ ~ lip 0,04' &.( 0.21' .,<v i"'1" ..0 ^' "Jib .. //0 0'1,,- ,\), (:<0..<<- ~' {;<'O' /I.:;'b G '~a~' ~'" .f ( MORTGAGEE'S CERTIFICATE ..._.. - ___.._..._.... ___._......_..___.__u_.. __ ___.____ STATE ()F ILlI"JOIS) SS COUNTY or CoD~) la5all" Bank N ,Pi -, HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED Al'teil ;1.7 .LDO' AND RECORDED IN THE RECORDER'S omCE or t!.ook:. COUNTY, ILLINOIS ON 1I1'te.IL ~Il 2"0~ ~1I8..3.'eL,/C" . # ,l-'S JOCUMENT NO,1+' fp:...ft~" J. rrCONSENTS leTHE, DEDICATION me SUBDIVISION AS HEREON DRAWN, DATED AT elltl:! A(5!) ''{''''O',S, THIS ""teAY or (5t'f?Te", ~EIZ., A,C 280L "'-.. I, ,. /) , " VO ,I 1 A./' ._---"'--- TITLE' J BY TITLE: 8f NOTARY CERTIFICATE .-.---'- .--.--....----.- ._- STATE OF ILLINOIS) COIJNTY C"~) 55 1,~5.4&c.lI/./~ , A NOTARY PUBLIC 'N AND FOR THE COUNTY AND STATE AFORESAID, 00 HEREBY CERTIFY THAT .J4r(/,: !<.Ac.IjA 'bLlLI.AN PERSONALLY KNewN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED Te lYE FOREGOING INSTRUMENT AS SU(:H LEGAL OWNER HAS APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE/ SHE SIGNED AND DELIVERED SAID INSTRUMENT AS A 'P.EE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET C"ORTH GIVEN UNDER MY HAND AND NOTARIAL SEAL TH1S5~ DAY Dr (){ tob~r ,20.EI.- - OFFICIAL SEAl JOAN SA80URIN 1IOf1lltYPl8.IC,Sl"'nr:s~ ----.r (;OIM5SION IEXI'lRF.S<MMttO TOTA- AREA OF VACATION :!:4.02l SQUARE FEET OR :!:O.0925 ACRES -%~~j.?} "(Joor~Y .J~ "'::,,_ ~ (/,,:\ - 'J9<l ~~'2"w,,,,I1 "7. ,,' '.c. ~ ~ ~~<v '6':~~:,;~' c/~. _ r"\ .~'0" ..,,'~~JS'l ..;?~~ " 1 6' <':JJ r-.:. 1 B ,?S'l,0'" 0)<0' ..;~ ft/./Y ~l I I I i.~~ ~ \ i / l~~ I .0' -L~ ,,~ \~ ","'J 0- I~~\ ~ ",' -.:).J" ,.' :?~ /, I=,N:- ' J.'" 0' "o~o . ~ s.;~, ~ I< v ~",~" 0"''' wCI ~N ~ 0 ,,' ~ ' 0 ,.., ,=> Q , _,,0' i:- 0.' ",'" S ~' I~ ~i3 ....- q~ ",^-' <if . ", :C" "~.i; .0)' I~ q~",," ::/ . '-~.:ft-' ~~Oo, I a "-J' ...' ,1, I ~~:'. J; ,:0,'(0) c/;< S' /: '0" J' iii - (.) 0......... ~, -,;.' i .....;:;'. -<"~:'" I ~ q.." I ...~ ~~~ , I' ~o~ J-'~~q.. ( "co'" #. ;j) ~ Q-'-i' ,l:~'tJ'1-'I. 'b' ,00, ,'bro!',Q // / { } /;;> /..~ /-i? /0;; Y& /~" ,0-' /c,;F STATE OF ILLINOIS) SS COUNTY or COOK) AP~D.OVED BY ;H[ PRESIDENT lI,ND BOARD OF TRUS7EES S'F THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, IlUNOIS, THIS DAY or 20_ / / \/lLLlI,GE l:RES:OENT. / FAX 548-6 PLAT OF VACATION OF 847-548-6600 Tll[ :w' [A'.;CMI:.NT ro VILt.AGe or MOUNT PRO~iP[CT FOP WAlTH MAIN, LYINC Il)' LAnl ~)Inc OF AND PARALLEL WITH EXISTINC wMER MAIN ACROSS Lm n (Ca:Cl-'l THE weST 10' or ~)AIO CASCMF.Nr) ^S O[PICTI]) ON 13ARTMANN 199 RAND .;LJ\3[)IVI~;ION, (~E:COHOED API~IL '18, 1985. AS DOC NO. ~7~j168S1 '. "" ", ...... " ..... " d'> ,0 ...... ^- , , ;/ ,f- f,.,~ fI&'f / Ie /, / // ';; ( 1 / t{~.,. ~ ,,- 1 ~'?' ,0 \ _/ o;';~~.",.'" - ~ ATTEST VILLAGE CLERK ~gQI<~Ohl~IY~ RECORDER'S CE~T1fJ~f'.I~ STATE OF ILLINOIS) COL'NTY OF COOK) THIS INSTRUMENT NUMBER nlED FOR RECQRD IN THE RECORDER'S OFr;CE OF COOK COUNTY, ILLINOIS OJ!\I 'HE _ DAY or ' A.D. 20_. AT O'CLOCK M AND WAS R=?E.:-::;t:;1DEC IN a08K _ CI=" PLP.TS :::>N PAG~ SS P.;:-(";C~R!)'"!=: nF PI AI'; STATE OF ILLINOIS) COUNT'I' OF LAK[} 55 I, THOMAS F. WASILEWSKI, IlliNOIS PROHSSIONAl LAND Si.iR~i";'OR. tiE RES THAI I HAl/[ SURVEYED TH[ PROP[RTY AS DESCRIBECo ;\60.~l .Io.l\iC 1"'", T, HEREON OR"WN IS A REPRESENTATION or SAID SURv['r DIMENSIONS toRE IN FEET AND OECIMAl P"~TS THEREOF. THIS PRorESSIONAL sER....IC( cOt.,r Te THE CURRENT IlliNOIS MINIMUM STA.NDAROS Fer '" &'f'''OJ.i(' SuRIf(~ CERTLIFIE T GAAVSLAK[a1CIS THIS 27th OM 10'" Jut 20:,6 . /' ( w/v _~ ILLINOIS PROtrS$.IQNAL LA"lD SURVEYOr<. "Ie. 3:'-25'5 Mmmt Pmspect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: PROJECT ENGINEER l>~. ~ ,1.\ ,9{t1f TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: DECEMBER 7,2007 SUBJECT: MFT STREET IMPROVEMENT RESOLUTION - 2008 Attached is the lOOT form, Resolution for Improvement by Municipality Under the Illinois Highway Code in the amount of $1 ,240,000.00 for the 2008 Resurfacing Program~ The bid opening is scheduled for February, 2008. This resolution is required by the Illinois Department of Transportation before the Village can expend Motor Fuel Tax funds. I recommend that the Village Board adopt this resolution at the Village Board Meeting on December 18,2007. )ob\ Mk~Lt~K // /' / J el Michalik \'. I concur with the above recommendation. G,d~r C: Village Clerk M. Lisa Angell ~~Q @?)Imis~ ~ \V~ of TranspOrtation Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and Board of Trustees Councilor President and Board of Trustees Village of Mount Prospect City. Town or Village that the following described street(s) be improved under the Illinois Highway Code: of the Illinois Name of Thoroughfare Route From To 2008 Resurfacing (various locations) BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Pavement removal, 1.5" Hot Mix Asphalt level binder course, 1.5" Hot Mix Asphalt surface course. curb and gutter replacement, Hot Mix Asphalt and PCC driveway repairs, PCC sidewalk replacement, drainage structure repairs, parkway restoration and other appurtenant work. and shall be constructed (varies) wide and be designated as Section 08-00151-00-RS 2. That there is hereby appropriated the (additional 0 Yes 181 No) sum of One Million Two Hundred Forty Thousand Dollars ( $1,240,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, M. Lisa Angell Village of Mount Prospect City, Town or Village County of Cook Clerk in and for the Date , hereby certify the Department of Transportation foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees Councilor President and Board of Trustees at a meeting on December 18, 2007 Date IN TESTIMONY WHEREOF,I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Printed 121712007 BLR 09111 (Rev. 11/06) Mount Prospect Mount Prospect Public Works Department ~ INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: PROJECT ENGINEER DATE: DECEMBER 7, 2007 SUBJECT: MFT MAINTENANCE RESOLUTION - 2008 Attached is the following: ~. ~'f' rz: ,!)\ cS'l Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code (BLR 14231) in the amount of $640,430.00. Included in this resolution are the following: Account No. 0505105-570540 0505405-540660 0505405-550220 0505104-540515 0505104-540535 0507706-690005 0505405-690058 0507706-540530 Paae 207 232 232 206 206 285 232 285 Item Salt & Calcium Chloride Traffic Signal Maintenance Electric Crack Filling Pavement Markings Street Light Improvements Traffic Signal Replacement Pavement Evaluation Study Budaet $150,000.00 $127,307.00 (1) $150,000.00 $52,448.00 $46,984.00 $34,691.00 (2) $78,000.00 (3) $1,000.00 $640,430.00 Includes 2007 Carryover Amounts: (1) Traffic Signal Maintenance: Rt 83, Council Tr, Lonnquist Bv $40,437.00 (2) Street Light Improvement: Rt. 83, Central Rd. and Algonquin & Busse $34,691.00 (3) Traffic Signal Replacement: New Pedestrian Signals $28,000 This Resolution is required by the Illinois Department of Transportation before the Village can expend Motor Fuel Tax funds. I recommend that the Village Board adopt these resolutions at the Village Board Meeting on December 18, 2007. // / ( , NkkUL- I concur with the above recommendation. C: Village Clerk M. Lisa Angell @~ Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Village (City, Town or Village) appropriated the sum of of Mayor and Board of Trustees (Councilor President and Board of Trustees) , Illinois, that there is hereby (Name) of Motor Fuel Tax funds for the purpose of maintaining of the Mount Prospect $640,430.00 streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2008 (Date) to December 31, 2008 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. I, M. Lisa Angell Clerk in and for the Village (City, Town or Village) of Mount Prospect , County of Cook hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees (Council or President and Board of Trustees) at a meeting on December 18, 2007 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Village (City, Town or Village) Clerk Approved Date Department of Transportation Regional Engineer Printed 12/7/2007 BLR 14230 (Rev. 11/06)