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HomeMy WebLinkAboutRes 13-23 09/05/2023 Parking Agreement Between The Village Of Mount Prospect And Busse 4, LLC For The Property Located At 104 E. Northwest Highwau (PZ-12-23)RESOLUTION NO. 13-23 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A PARKING AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND BUSSE 4, LLC FOR THE PROPERTY LOCATED AT 104 E. NORTHWEST HIGHWAY (PZ -12-23) WHEREAS, BUSSE 4, LLC has proposed to develop certain real estate for the purpose of constructing and operating a commercial facility consistent with plans submitted by Studio 222 Architects dated 8/1/23 (exhibit A), located on the northeast corner of Emerson and Northwest Highway leaky described as: Lot 1 in Busse Brothers Resub division of Lots 15 and 16 in Block 12 of Busse and Willes Resubdivision in Mt. Prospect Subdivision of the East Half of the Northwest Quarter in Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. PIN: 08-12-109-030-0000; and WHEREAS, the provisions of the Village of Mount Prospect Village Code require new construction within the B-5 Central Commercial District, to provide off-street parking spaces, although the Off - Street Parking Requirements may be satisfied through a lease of off-site parking pursuant to the Village Code; and WHEREAS, the Village owns certain municipal parking lots and off-street parking spaces within one thousand feet (1,000') of the Subject Property (the "Surface Lots"); and WHEREAS, the Village owns and operates a municipal parking garage, at 30 S. Emerson Street, which is also located within one thousand feet (1,000') of the Subject Property; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the development of projects and that such viability will be promoted by the Village's agreement to permit BUSSE 4,LLC to comply with the Off -Street Parking Requirements through the use of Village -owned and maintained parking spaces at the Surface Lots and/or the Emerson Street Parking Deck, to the extent specifically provided for in this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT 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 a parking agreement between the Village of Mount Prospect and BUSSE 4, LLC for the property located at 104 E. Northwest Highway attached hereto and made part of this Resolution as Exhibit "A" SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Filippone, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: Dante PASSED and APPROVED this 51h day of September Karen M. Agorains Village Clerk 104 E. NORTHWEST HIGHWAY PARKING AGREEMENT THIS PARKING AGREEMENT (the "Agreement") is made and entered into this 5th day of September 2023, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (the "Village"), and BUSSE 4, LLC, an Illinois limited liability company (the "Developer"), (at times herein referred to collectively as the "Parties"). WHEREAS, Developer has proposed to develop certain real estate, located on the northeast corner of Emerson Street and Northwest Highway, in Mount Prospect, Illinois, as legally described on Exhibit 1 attached hereto and made part hereof (the "Property"), for the purpose of constructing and operating a retail facility (the "Center"); and WHEREAS, the provisions of the Village of Mount Prospect Village Code (the "Village Code") require the Center, as new construction within the B-5 Central Commercial District (the "Downtown District"), to provide off-street parking spaces (the "Off.Street Parking Requirements"), although the Off -Street Parking Requirements may be satisfied through a lease of off -.,site parking "no more than one thousand feet (1,000') from the use served in the central business districts" pursuant to the Village Code„ and WHEREAS the Village owns certain municipal parking lots and off-street parking spaces within one thousand feet (1,000') of the Center (the "Surface Lots"); and WHEREAS, the Village owns and operates a municipal parking garage, at 30 S. Emerson Street (the "Emerson Street Parking Deck"), which is also located within one thousand feet (1,000') of the Center; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to promote the viability of the Downtown District by the development of projects, such as the Center, and that such viability will be promoted by the Village's agreement to permit Developer to comply with the Off -Street Parking Requirements through the use of Village -owned and maintained parking spaces at the Surface Lots and/or the Emerson Street Parking Deck, to the extent specifically provided for in this Agreement; NOW, THEREFORE, in consideration of the foregoing and the mutual understandings, promises, considerations and agreements as set forth below, the Parties hereby agree and covenant as follows: 1. Developer shall request from the Village, and the Village shall tender to Developer, on an annual basis, parking permits to authorize parking in parking spaces in the Surface Lots and/or the Emerson Street Parking Deck (the "Permits"), up to a maximum of ten (10) such Permits in aggregate at any given time. These Permits shall be for the use of the Center's employees only. 2, The Village shall also assure the availability, at no cost, of additional spaces needed for the Center's patrons ("Patron Spaces"). The Patron Spaces shall consist of all on -street and off-street parking spaces owned by the Village, are available to the general public, and are located within one thousand feet (1,000") of the Center (Exhibit A). 3. Upon the execution of this Agreement and for the first year thereafter, Developer will not be required to pay a fee for the Patron Spaces and Permits. However, the Village retains the right to assess a fee for Permits if a similar fee is assessed to other downtown business employees in the future. If the Village opts to assess a fee following the first year, the Parties shall mutually agree on a reasonable fee for the Permits and Patron Spaces. 4. The Village shall, in its sole discretion, designate which Surface Lots and which area(s) within the Village Garage, if any, may be utilized by Developer for parking under this Agreement. In addition, the Village may, in its sole discretion, designate parking spaces on such other property as the Village may own, lease or otherwise control, for use under this Agreement, so long as such parking spaces are within one thousand feet'(1,000') of the Center. 5. A detailed description of the designated parking spaces shall be provided to Developer upon execution of this Agreement. The Village shall, in its sole discretion, have authority to modify such designations at any time upon thirty (30) days prior written notice to Developer, so long as the total of fifty-two (52) parking spaces continue to be made available to Developer within one thousand feet (1,000') of the Center. 6, The Center's employees shall abide by all Village rules and regulations of general applicability for display of the Permits and use of public parking facilities in the Village in effect from time to time. 7. This Agreement shall remain in full force and effect for a period of twenty (20) years from and after its effective date. This Agreement may be renewed by the Parties thereafter, for such term, and under such terms and conditions, as the Parties may agree to. Notwithstanding the foregoing, if Developer at any time acquires or provides permanently through other means fifty-two (52) parking spaces (alone or in combination with additional spaces and/or uses) for the exclusive use of the Center's employees and within one thousand feet (1,000') of the Center, Developer shall have the right to terminate this Agreement effective as of the end of any calendar month, on not less than thirty (30) days prior written notice to the Village, and the Village agrees to rebate and refund any parking fees paid in advance for calendar months thereafter. 8. The parking spaces referred to in this Agreement have been determined to meet the Off -Street Parking Requirements for the Center. 9. Any Notice required under this Agreement shall be made in writing and given in person, by overnight delivery or by certified mail, return receipt requested, addressed to the Parties as follows, or at such other place as either of them may hereafter designate for itself by notice in writing to the other: To: Village To: Developer Director of the Finance Department Busse 4, LLC Village of Mount Prospect Attn: Nick Papanicholas Jr, 50 S. Emerson Street 1001 Feehanville Dr. Mount Prospect, IL 60056 Mount Prospect, IL 60056 Notice by mail shall become effective three (3) days after the date of mailing, and personal notice or overnight delivery notice shall become effective upon delivery. 10. This Agreement shall run with the land for so long as the Center exists on the Property. In the event that Developer wishes to transfer its interest in this Agreement, and the new owner operates a different use, then the Village shall be free to determine whether it will enter into a similar agreement with the proposed transferee. 11. This Agreement may be terminated by the Village, in the event that the Developer, or any of its officers, agents or employees, fails to comply with the terms hereof, and fails to correct said non-compliance within thirty (30) days of receiving written notice thereof from the Village. 12. If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. 13. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 4449092 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the dates set forth below, and the date of the last signatory below shall be inserted on page 1 of this Agreement, as the Effective Date of this Agreement VILLAGE OF MOUNT PROSPECT, BUSSE 4, LLC an Illinois home rule municipal corporation an Illinois limited liability company By: A _ By: � ._ Name: F .. Nan Title:k(tj V o Title Date„ a 4449092 Exhibit 1 Legal Description of the Property Lot 1 in Busse Brothers Resub division of Lots 15 and 16 in Block 12 of Busse and Willes Resubdivision in Mt. Prospect. Subdivision of the East Half of the Northwest Quarter in Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois PI Ns: 08-12-109-030-0000 444909_2 Exhibit A 104 E. Northwest Hwy. - Parking Locations w/in 1,000 ft. 444909_2