The URL can be used to link to this page

Home My WebLink About01/25/2024 P&Z Agenda PacketVillage of Mount Prospect Planning and Zoning Commission Regular Meeting Agenda 50 S. Emerson St. Mount Prospect, IL 60056 January 25, 2024 Village Hall - 3rd Floor Board Room 7:00 PM 1. CALL TO ORDER 2. APPROVAL OF MINUTES 2.1. PZ -19-23 / 707 Russel Street / VAR: Lot Coverage 3. NEW BUSINESS 3.1. PZ -20-23 / 718 E. Northwest Highway / CU: Massage Therapy / Village Board Final 3.2. PZ -22-23 / 2400 E. Oakton Street / CU: Contractor's Storage Yard / Village Board Final 4. CITIZENS TO BE HEARD 5. QUESTIONS AND COMMENTS 6. ADJOURNMENT ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY OR NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 8471392-6000, EXTENSION 5307 Page 1 of 128 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -19-23 Hearing Date: December 14, 2023 PROPERTY ADDRESS: 707 Russel St PETITIONER: Peter Kretowski PROPERTY OWNER: Michal Kretowski PUBLICATION DATE: November 29, 2023 REQUEST: Variation to Lot Coverage Requirement MEMBERS PRESENT: Joseph Donnelly William Beattie Walter Szymczak Donald Olsen Ewa Weir Greg Miller MEMBERS ABSENT: Norbert Mizwicki Thomas Fitzgerald STAFF MEMBERS PRESENT: Ann Choi — Development Planner INTERESTED PARTIES: Peter Kretowski Katarina Karac Chairman Donnelly called the meeting to order at 7:01 PM. Vice Chairman Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on October 26, 2023. The minutes were approved 6-0. Chairman Donnelly introduced the first and only item of New Business: Case PZ -19-23, 707 Russel Street, a request for a variation to the lot coverage requirement. Ms. Choi thanked Chairman Donnelly and stated that the Petitioner, Peter Kretowski, is requesting a variation to the lot coverage requirement to construct a deck on the subject property. Ms. Choi explained that the subject property was annexed into the Village in 1926, and the permit history indicates various improvements since the home's construction in 1957, including for a detached two -car garage in 1977, a new driveway/flatwork, roof, and a fence. Ms. Choi added that the subject property is zoned R -A Single -Family Residential. Ms. Choi presented a slide exhibiting photos of the deck and explained that sometime in 2022, the Petitioner installed a new composite deck without a permit, and a stop work order was issued by the Village. Ms. Choi stated that the Petitioner was required to apply for a building permit for the illegal deck, but the permit was not approved since the lot coverage was pushed to its current level of 53.7% Planning & Zoning Commission Meeting — December 14, 2023 PZ -19-23 Page 2 of 128 which exceeds the 50% that is allowed. Ms. Choi further explain that staff requested that the Petitioner remove areas of impervious surface to comply with the lot coverage requirement if the deck were to remain, or go through the variation process. Ms. Choi went on to the next slide and presented a plan of the deck. Ms. Choi stated that the building department had indicated in their review that the deck appears to have been constructed incorrectly with insufficient frost depth, missing beams, inappropriate joist supports, hardware, and engineering. Ms. Choi stated that if the variation is approved, the Village will require detailed plans verifying that the deck and any other permanent structures atop comply with code. Ms. Choi stated that the Petitioner's request does not meet the standards of a variation. Staff maintains that the subject property does not have particular physical surroundings, shape, or topographical conditions that constitute a zoning hardship to the owner. Ms. Choi explained that the lot coverage for the subject property has been met and exceeded, and is the result of choices made by the original homebuilder and the existing property owner. Ms. Choi asserted that the subject property represents a typical residential interior lot and the conditions of the property are not unique that differentiates the subject property from the rest of the neighborhood. Based on these findings, Ms. Choi recommended that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and deny the following motion: 1. "A variation to allow a maximum lot coverage of 53.7%, as shown on the plans prepared by the Petitioner, dated 11/02/2023, subject to condition listed in the staff report." Ms. Choi stated that the Planning and Zoning Commission's decision is final for this case. Chairman Donnelly asked if there were any questions for staff. Vice Chairman Beattie asked staff if the deck would need to be rebuilt based on the drawings that were submitted by the Petitioner and the building department's comments. Commissioner Weir stated or they would have to prove they meet building code. Ms. Choi confirmed. Chairman Donnelly and Vice Chairman Beattie asked staff how much square footage 3.7% equates to and Ms. Choi stated that 3.7% is approximately 270 square feet of impervious area that would need to be removed to meet code and the deck is approximately 340 square feet. Chairman Donnelly asked if Engineering conducted any studies in the area in regard to flooding. Ms. Choi responded that there are known flooding issues in the area. Chairman Donnelly swore in the Petitioner, Peter Krekowski of 707 Russel Street, and attorney for the Petitioner, Katarina Karac. Ms. Karac presented her slides and made the following main points: The Petitioner purchased the home in 2017 and made approximately $50,000-80,000 in improvements in the new driveway, roof, siding, doors, fence, gutters, and landscaping. The new driveway was installed in 2021 and was expanded by 2 feet on each side and contributed to the increased lot coverage. The Petitioner is a good neighbor and has a relationship with his neighbors who are supportive of his variation request. Planning & Zoning Commission Meeting — December 14, 2023 PZ -19-23 Page 3 of 128 3 • Ms. Karac stated that the composite deck was installed in 2022 and the Petitioner relied on the code's definition of "impervious surface" and that the deck is not considered an impervious surface by the manufacturer. "Impervious surface" is defined as "A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by storm water. Such surfaces include hard pavements, such as concrete, asphalt, brick, slate, gravel and boulders; wood decks and structures." Ms. Karac argued that the composite deck is not highly resistant to infiltration by stormwater because the boards need to be gapped to drain and dry properly. Ms. Karac further argued that composite decks are not explicitly included in the definition of impervious surface. • Ambiguity in code and the criteria for granting a variation is satisfied and Ms. Karac explained how the variation request met the responses to the variation standards: a. Because the detached garage is deeply setback, the hardship was not caused by the Petitioner, but was an existing condition. If the Petitioner had known the expansion of the driveway would contribute to an increase in the lot coverage, the Petitioner would not have expanded the driveway. b. Sufficient drawings and pictures can be provided to satisfy the building department comments. Policy is not law and under well-established case law, ambiguity in a zoning ordinance should be resolved in favor of the property owner. Vice Chairman Beattie questioned the argument that the definition of impervious surface does not apply to composite decks and emphasized that composite decks are constructed the exact same way as a wood deck is, in that there are gaps between the boards to allow water to drain through them. Chairman Donnelly asked if the material underneath the deck is grass. Ms. Karac responded that pebble rocks and a barrier exist underneath the deck. Chairman Donnelly stated that pebbles restrict the amount of water going through them and are therefore considered impervious. Commissioner Weir asked Ms. Karac to finish her presentation and the commission will then ask questions. c. Petitioner's request is not financially motivated. d. Hardship was not self-created as the lot and configuration of property was not developed by the Petitioner. e. Property is not located in a floodway or flood zone, no drainage issues experienced, it will not be detrimental to the public or other property; six letters of support by neighbors were provided. f. The variation will not alter the essential character of the neighborhood. g. Not a lot of assertion that the deck is causing flooding issues and if the variation is approved, the Petitioner would apply for a building permit and get that approved. Chairman Donnelly asked the Petitioner if the deck builder was aware that a permit was required. Mr. Kretowski apologized and took full responsibility for not finalizing the permit. Commissioner Weir asked the Petitioner if there is a geotechnical fabric weed barrier under the gravel, and if this geotechnical fabric weed barrier is pervious. Mr. Kretowski was unable to answer the question with certainty and responded that he would need to check with the deck installer. Commissioner Weir asked if gravel is included in the definition of impervious surface. Ms. Karac stated Planning & Zoning Commission Meeting — December 14, 2023 PZ -19-23 Page 4 of 128 that gravel is included in the definition but was unsure if it was gravel or some other type of rock that was used and would need to verify that with the Petitioner and his contractor. Vice Chairman Beattie appreciated the Petitioner's apology that he made a mistake but stated that nothing in the Petitioner's argument falls within the definition of a hardship and nothing is unique about the property, and the Petitioner does have a financial interest in improving his property. Chairman Donnelly stated that the lot coverage needs to meet 50% and asked if the Petitioner had considered the option of removing impervious surface from the driveway. Chairman Donnelly asked staff if the detached garage is required to be five feet away from the property lines. Ms. Choi stated that the detached garage can be located three feet from the rear and side lot lines based on the property's lot width. Chairman Donnelly asked for the record if there was one letter of opposition and Ms. Choi responded in the affirmative. Chairman Donnelly explained that the concern in the resident's letter was flooding. Vice Chairman Beattie asked the Petitioner if he can do anything to the driveway to meet the 50% lot coverage. Ms. Karac responded that her client is being pushed to spend more money to fix a problem that she does not believe is her client's fault as the deck material does not fall within the legal definition of impervious surface area. Vice Chairman Beattie expressed sympathy for the Petitioner's predicament but stated he was not persuaded by the argument that impervious surface does not apply to the composite deck because the deck is composed of a synthetic material not listed in the definition. Chairman Donnelly stated that there might not be flooding today, but if the variation is granted, a flooding problem could occur in the future if all property owners in the area decided to build up to the maximum lot coverage. Chairman Donnelly added that the Petitioner has options to remove impervious surfaces from the property and further emphasized that impervious surface has been interpreted to mean that the flow of stormwater is slowed down and that it could create flooding issues. Ms. Karac asked under what circumstances could an applicant exceed lot coverage and meet the criteria for a variation. Commissioner Olsen asked if it was 270 square feet of impervious surface that would need to be removed from the deck or the driveway. Chairman Donnelly responded that the Petitioner could remove any 270 square feet of impervious area that would get him down to 50% lot coverage. Commissioner Weir asked staff if the Village has ever granted variations for exceeding lot coverage for decks. Ms. Choi responded that there have been cases where the Village has granted variations from the lot coverage requirement but that these have been granted on a case-by-case basis. Ms. Choi stated there was one case of a historic property that wanted to reduce the existing lot coverage, but the lot coverage was still slightly over the required lot coverage. Chairman Donnelly stated that it was a case where the historic preservation society was in support and the commission also was in support because they had improved the existing lot coverage. Chairman Donnelly however did not recall approving any variations where there were known flooding issues. Commissioner Weir asked if staff thought the definition of impervious is ambiguous. Ms. Choi stated that wood decks are the only decks that are included in the definition of impervious surface and it has to Planning & Zoning Commission Meeting — December 14, 2023 PZ -19-23 Page 5 of 128 do with the weed barrier installed under the deck. Weed barriers, even if they start out as pervious, will degrade over time, so the Village has consistently and historically considered all decks as impervious due to the installation of any kind of weed barrier installed underneath the deck. Ms. Choi explained that the only way that weed barriers would be considered pervious is if they were constantly replaced or maintained over time, which is virtually impossible to do [without dismantling the deck]. Ms. Choi also pointed that the lot coverage requirement does not only have to do with impervious surface but with massing as well in that if the deck was constructed over grass, then homeowners could potentially deck over their entire yard, which goes against the intent of the code. Commissioner Weir asked if this was explicit in the code or inferred. Ms. Choi responded that it is inferred, but that historically it has always been applied in this manner. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the following motion: "A variation to allow a maximum lot coverage of 53.7%, as shown on the plans prepared by the Petitioner, dated 11/02/2023, subject to condition listed in the staff report." UPON ROLL CALL AYES: None NAYS: Szymczak, Weir, Olsen, Beattie, Miller, Donnelly The motion was denied by a vote of 6-0. After hearing no more items of new business, Vice Chairman Beattie made a motion seconded by Commissioner Szymczak and the meeting was adjourned at 7:53 PM. Ann Choi Development Planner Planning & Zoning Commission Meeting — December 14, 2023 PZ -19-23 Page 6 of 128 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ -20-23 / 718 E. Northwest Highway / CU: Massage Therapy / Village Board Final January 25, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION NEW BUSINESS Action Item The petitioner (Enlightenment Massage LLC) is proposing a massage therapy establishment at 718 East Northwest Highway (the subject property). Massage therapy businesses require conditional use approval to operate. The subject property is zoned B-5 Central Commercial. The proposed business meets the standards for a conditional use and therefore staff is supportive of the request. Discussion The petitioner proposes to operate a 420 -square -foot shiatsu massage establishment at the subject property. The petitioner states in their application that the shiatsu massage technique was developed in Japan and uses compression and stretching methods on a client while they are clothed. The petitioner recently completed training to become a massage therapist and obtained their state license in January 2024, which is included in the zoning case documents. In the business narrative, the petitioner indicates that they will pursue continuing education in shiatsu at Zen Shiatsu School in Evanston, Illinois. The proposed hours of operation will be Thursday through Tuesday, 9 AM to 9 PM, with sessions available by appointment and walk-in. The petitioner notes that the business owner will be the only employee on site and only one client will be seen per 90 -minute session. No interior or exterior renovations requiring a building permit are proposed; however, the petitioner will need to obtain a sign permit for the awning. Village staff has reviewed the petitioner's request and finds that it meets the standards for a conditional use. The Police Department confirmed that the petitioner has met ordinance standards to operate a massage establishment. As of the writing of this report, staff has not received public comments pertaining to this request. Alternatives 1. To recommend approval of the following motion: "A conditional use permit to operate a massage therapy establishment at 718 East Northwest Highway, subject to the following Page 7 of 128 conditions: a. The business shall hold a valid Mount Prospect business license; b. Any massage therapist employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; c. During business hours, the entrance door shall remain unlocked, and the storefront windows and entrance doors shall be transparent and unobstructed; and d. Compliance with all applicable Village Code requirements, including, but not limited to, fire code and building regulations." 2. Action at the discretion of the Planning & Zoning Commission. The Village Board's decision is final for this case. Staff Recommendation Approval of the following motion: "A conditional use permit to operate a massage therapy establishment at 718 East Northwest Highway, subject to the following conditions: a. The business shall hold a valid Mount Prospect business license; b. Any massage therapist employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; c. During business hours, the entrance door shall remain unlocked, and the storefront windows and entrance doors shall be transparent and unobstructed; and d. Compliance with all applicable Village Code requirements, including, but not limited to, fire code and building regulations." Attachments 1. PZ -20-23 Staff Report 2. PZ -20-23 Administrative Content 3. PZ -20-23 Plans Page 8 of 128 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Ann Choi Director of Community Development Development Planner DATE: January 18, 2024 CASE NUMBER PZ -20-23 PUBLIC HEARING DATE January 25, 2024 APPLICANT/PROPERTY OWNER Enlightenment Massage LLC / Prospect Plaza LLC PROPERTY ADDRESS/LOCATION 718 East Northwest Highway BRIEF SUMMARY OF REQUEST The petitioner (Enlightenment Massage LLC) is proposing a massage therapy establishment at 718 East Northwest Highway (the subject property). Massage therapy businesses require conditional use approval to operate. The subject property is zoned B-5 Central Commercial. The proposed business meets the standards for a conditional use and therefore staff is supportive of the request. 2023 Villa 9�sj A of Mount Prospect Zoning Map a c� 3 W EXISTING EXISTING LAND USE/SITE SURROUNDING ZONING & LAND USE SIZE OF ZONING IMPROVEMENTS North: R -A Single Family Residential PROPERTY B-5 Central Multi -tenant commercial East: B-5 Central Commercial 420 SF Commercial South: 1-2 Railroad (Tenant) West: B-5 Central Commercial STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS \\Vfs\vfcdh$\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-20-23 718 E Northwest Hwy (CU -Massage Therapy).docx DENY 1 Page 9 of 128 BACKGROUND/PROPERTY HISTORY The subject property is a single -story multi -tenant commercial building with a mixture of restaurant, retail, office, and personal service establishments. The building was purchased by Prospect Plaza LLC in 2021. The tenant space at 718 East Northwest Highway was most recently occupied by an office use. PROPOSAL The petitioner proposes to operate a 420 -square -foot shiatsu massage establishment at the subject property. The petitioner states in their application that the shiatsu massage technique was developed in Japan and uses compression and stretching methods on a client while they are clothed. The petitioner recently completed training to become a massage therapist and obtained their state license in January 2024, which is included in the zoning case documents. In the business narrative, the petitioner indicates that they will pursue continuing education in shiatsu at Zen Shiatsu School in Evanston, Illinois. The proposed hours of operation will be Thursday through Tuesday, 9 AM to 9 PM, with sessions available by appointment and walk-in. The petitioner notes that the business owner will be the only employee on site and only one client will be seen per 90 -minute session. No interior or exterior renovations requiring a building permit are proposed, however the petitioner will need to obtain a sign permit for the awning. The subject property is zoned B-5 Central Commercial. The subject property parking lot is striped with 26 parking stalls. Since the proposal does not involve new construction or major rehabilitation (50 percent or more), or a change in use which warrants additional parking, no additional off-street parking is required. The petitioners submitted a business license application and a massage therapy addendum according to the requirements of Village Code Chapter 11, Article 39 for Massage Establishments. COMPREHENSIVE PLAN DESIGNATION The Village Comprehensive Plan designates the subject property as central commercial. The proposed conditional use is consistent with the Comprehensive Plan's vision for downtown mixed-use. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village ordinances. The petitioner states in their application that shiatsu massage improves public health and general welfare by improving mental health and physical functioning. The petitioner notes that the massage is performed with soft music that cannot be heard from outside the walls of the establishment, and therefore will not be \\Vfs\vfcdh$\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-20-23 718 E Northwest Hwy (CU -Massage Therapy).docx Page 10 of 128 injurious to the uses and enjoyment of other property in the immediate vicinity. The petitioner writes that the parking lot at the subject property has multiple ingress and egress points, and that the business will serve up to one client at a time, therefore the business will have minimal impact on traffic and congestion in the area. The petitioner maintains that the business will support Objective 4 of the Mount Prospect Comprehensive Plan, to build a community that improves the health, safety, and welfare of its residents. The petitioner affirms that the business will conform to the regulations of the district. Village staff has reviewed the petitioner's request and finds that it meets the standards for a conditional use. The Police Department confirmed that the petitioner has met ordinance standards to operate a massage establishment. As of the writing of this report, staff has not received public comments pertaining to this request. Staff finds that the conditional use complies with the standards as listed in the Village Zoning Ordinance and that granting such a request would be in the best interest of the Village. Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning & Zoning Commission and recommends approval of the following motion: 1. "A conditional use permit to operate a massage therapy establishment at 718 East Northwest Highway, subject to the following conditions: a. The business shall hold a valid Mount Prospect business license; b. Any massage therapist employed at the business establishment shall hold a valid massage therapist license with the State of Illinois; c. During business hours, the entrance door shall remain unlocked, and the storefront windows and entrance doors shall be transparent and unobstructed; and d. Compliance with all applicable Village Code requirements, including but not limited to, fire code and building regulations." The Village Board's decision is final for this case. ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER (Supplemental Information, (Zoning Request Application, Responses to (Plat of Survey, Site Plan, etc.) Public Comments Received, Standards, etc...) etc...) I concur: kw -"49. OVX4 V. William J. Cooney, AICP Director of Community Development \\Vfs\vfcdh$\PLAN\Planning & Zoning COMM\P&Z 2023\Staff Reports\PZ-20-23 718 E Northwest Hwy (CU -Massage Therapy).docx Page 11 of 128 r; Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (o becompleted by Village Submission: 1 1 //;aring Da � —1-17-20/2-3—Hearing ()* Case Number: PSZ - _ Date of ProjectName/Address: g nt irnir n ."� f a age / 718 f: Northwest 1. Subject Property Address(es): 1 (K i" Zoning District (s): _ __ Property Area (Sq.FL and/or Acreage): Parcel Index Number(s) (PIN(s): - - 223 -C - U. Zoning Request(s) (Check all that apply) Conditional Use; ForMa a Q Variation(s): To 0Zoning Map Amendment: Rezone From To ❑ Zoning Text Amendment: Section(s) Q Other: IV. Applicant (all correspondence will be sent to the appUcant) Name: NN4 .IG�c.�,l1w/... _..... Corporation: Address: t424 !". ']1Ai-�`' [ _ �w._..._.. �w_.........__.ww....._. City, State, ZIP Code: E fit W- ww.._......../........�w�. Phone: 11 3 - 2 4 q -(9 G 2.5� Email'. a d4,r W ltxco d/e 01Y6 ,(991"414 eo rti Interest in Property: Lt)) e t e. owne...ww._�.—.........._....m......._-w._.........._.�,,....__.._..._. �....�.w...m........._w......��..._www_.._..ww.............�.w..._._.........__._.�......_. ( g. r, buyer, developer, lessee, architect, etc...) 1 Page 12 of 128 In consideration of the information contained in this peon as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village Of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant: Anna Alexander Date: 11/17/23 (Signature) Anna Alexander (Print Type — - - ----- If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting niatoa�,,. 7 /Z3 Property Owner: Date: I (T16iiatu . ..... lc—�r > tame) (Print or Type Page 13 of 128 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS I, t> , under oath, state that I am rine name) ❑ the sole owner of the property an owner of the property an authorized officer for the owner of the property ,.a. —; � z commonly described as�_�.M.�.._. (property address and PIN) and that such property is owned by—S�C'7 �L v as of this date. (print name)w ell Signature Subscribed and sworn to before me this 1-7 "' day of Notary Public EOFFICIAL SEAL OPHER SAMUEL DEMAS Public - State of Illinois mission Expires Dec. 8„ 2025 3 Page 14 of 128 WARRANTY DEET? THE GRANTORS_ VO ILA KQNL)ILES a widw KIK1 8 ,LLIS TETE N. KON ILEA Gild 'G"oula Kondilesas cessor Trustee o the Nicholas Kondll "Fitts dated Decernber2l I.: , Arlin t1j+ i ..:l:., l CggnbA t i far and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid CONVEY�R, and WARRANT to TIME NTE�,«Iw PRQSPECT PLAZA L an Illinois Limited Liability Company, of Mt. Prospect, Illinois, in Fee Simple Absolute, forever, the following real estate: !m!!6ltllll�dlB Do<# 2109022006 Fee $88.00 RVSP FEEM.00 RPRF FEE: 51.00 KAREN A_ YARBROUGH COOK COLINTY CLERK DATE: 03f31l2021 04.27 AM PG. 1 OF ? =FOR RECORDER'S OFFICE= LOTS 29, 30, 31, 32,33 AND 34 IN BLOCK 22 IN THE RESUBDIVISON OF LOT 7 IN BLOCK 21, LOTS 12 TO 19 BOTH INCLUSIVE IN BLOCK 22 AND LOTS 13 AND 13 IN BLOCK 23, IN BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT, IN THE EAST 112 OF SECTION 12, T-OWNSHIP41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 0842-223-021-0000,08-12-223-022-0000,08-12-223-0234M, 0842-223-0240000, 0842-223-025-0080, 0842-223-026-0000 Address: 710-720 E. Northwest Hwy., Mount Prospect, IL 60056 TO HAVE AND TO HOLD said premises in Fee Simple Absolute, hereby releasing and waiving all right under and by virtue of the Homestead Exemption Laws of the State of Illinois but subject to general teal estate taxes not due and payable at the time of closing, covenants, conditions and restrictions of mord, public and utility easements, existing tenancies. *This is not Homestead Property the Nicholas Kondifes Trust= dated December 21, 1997 STATE OF ILLINOIS COUNTY OF COOK DATED this day of March, 2021. OFFICIAL SEAL JAMES WPAPPAS NOTARY P118W - STATE OF ILLINOIS W COMR SSIM EXPIRES:121D 21 1, the undersigned, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that VOULA KONDILES, KIK) PS_A.RADFjj,IE god PRTE N. KONDILES are the same persons whose names are subscribed to, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their and the Trust's free and voluntary act for the toes and the proposes therein set forth, Given under my hand and uotar seal this !_ day of MARCH, 2021 (SEAL) Notary Public Mail to; mgm .Fames W. Send subsequent tax bills to: eE... ILA* 41'C AVE, A101 Awl._ At Law. 880 Waukegan Rd., Ste. #205, Glenview, IL. Page 15 of 128 210902 Page: 2 of 2 Fde Numbn : 2127421 Americea Lmtl Title AssadoWn Co nmibnat tar line Insumnee Mmm 647-06 Reerssed 0641.2016 EXHIBIT A Legal: DOTS 29, 30, 31, 32, 33 AND 34 IN BLOCK 22 IN THE RESUBDMSON OF LOT T IN BLOCK 21, LOTS 12 TO 19 BOTH INCLUSIVE IN BLOCK 22 AND LOTS 12 AND 13 IN BLOCK 23, IN BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT, IN THE EAST 112 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PIN: 0012-223-021-0000, 09-12-2.23-022-0000, 0842-223-023-0000, 0842-223-024-0000, 08-12-223-025-M, 08-12-223-026-0000 Address: 710-720 E. Northwest Hwy., Mount Prospect, IL 60056 PIN PIN #: PIN #: Tcewgshi P, va tAGE QF HUNT R4SWECT 1 RMEST'ATEiMNSMRTAX r� asp � rdAa d roes �c a1wwaud d� 6dm"�c;d6tiNdSAL7AN° wfa A. k ( 8, A01 #-C &W 6 a yor U=mv qwo "ambom ), r,.%eucah Cap�gt g1 d 2016 I n d TVNm k LAN LD "M T um of ibis f'am (or r 6tALTA kwftft artd .+wp4 ALTA %artgxd ndt*duMduuModwumweptchbdad, ROM06 wwfromriteAtnBri Lard TitleAssar�ot„ 70 Page 16 of 128 Humbuffideram 2022 Second Installment Property Tax Bili - Cook County Electronic Bill $41,577.38 Property Index Number (PIN) Volume Cade Tax Year (Payable In) Township Classification By 12/01/2023 0&12-223-036-0004 049 16140 2422 (2023) ELK GROVE 5-17 IF PAYING LATE, 1220212023- 01/0112024 0110212024-02/0112024 0ZV212024-031012024 LATE INTEREST IS 1.5% PER PLEASE PAY $42,201.04 $42,824.70 $43,448.36 MONTH, BY STATE LAW rMENrs Senior Citizen Exemption .00 Taxing Districts 2022 Tax 2022 Rate Z=% Pension 2021 Tax MISCELLANEOUS TAXES Northwest Mosq Abatement Dist Wdeeing 19.92 0.009 0.05% 0.00 Metro Water Reclamation Dist of Chicago 827.66 0.374 1.99% 86.31 0.00 Mt Prospect Park District 1210.50 0.547 2.91% 128.35 0.00 Miscellaneous Taxes Tota! 2,058.08 0.930 4.95% 0.00 SCHOOL TAXES Harper College Comm College 512 Palatine 907.32 0.410 2.18% 0.00 Township HS District 214 (Arlington Hts) 5204.94 2.352 12.521/6 101.80 0.00 Mount Prospect Public School District 57 7,630.36 3.448 16.35"l0 287.68 0.00 School Taxes Total 13,742.62 6.210 33.05% 0.00 MUNICIPALITY/TOWNSHIP TAXES TIF Vm of Mt Prospect-INospect &Main 21,304.25 0.000 5124% 0.00 Mount Prospect Spec Sery Area 5 0.00 0.000 1 0.00 Mount Prospect Library Fund 1,095,43 0.495 2.63% 0.00 Village of Mount Prospect 2,084.63 0.942 5-01% 876.34 0.00 Road & Bridge Elk Grove 26.55 0.012 0A6% 0.00 General Assistance Elk Grove 22.13 0.010 0.05% 0.00 Town of Elk Grove 110.65 am 027°/. 0.00 Muni-paq[ylTownship Taxes Tota! 24,643.64 1.504 59.2M 0.00 COOKmCOUNTY TAXES Cook County Forest Preserve District 179.25 0.081 0.43% 4.42 0.00 Consolidated Elections 0.00 0.000 0.00% 0.00 County of Cook 548.82 0248 1.34% 165.97 0.00 Cook County Public Safety 234.5T 0-106 0.56% 0.00 Cook County Health Facilities 170.40 0_111 0.41% 0.00 Cook County Taxes Total ._.... ...... ... _,_. _. _ww 1,133.04 0.512 .mm 2.74% ._.w___ .,___. _._....._._.......... m....._... 0.00 w_... (Do not pay drewtotals! 1 41,5T38 9.761 104AW16 0.00 -Vfs* cookcountydertccom for lnfoumatfon about TIFs and for TIF revenue dfstrilmill 2022 State Equalizer X 2.9237 2022 Equaloed Assessed Value (Ii 2022 Total Tax After Exemptions 453,852 41,577.3$ 2022 Local Tax Rate X9.161% First Installment 0.00 2022 Total Tax Before Exemptions Second Installment + 41,5! M 41,57T.38 Total 2022 Tax (Payable in 2023) 41,577.38 Village of Mt. Prospect Community Development GUS TSELOSIPROSPECT PL rp UNKNOWN 7535 OLDE SALEM CIRCLE N"' HANOVER PARK IL 000000000 a m« r "*i Please see 2022 Second InstaAnment Payment Coupon next page **� MT Page 17 of 128 E CEI E-1 2021 Assessed Valero 0 2022 Total Tax Before EMrnp tions New Parcel Homeowners Exemption .00 Senior Citizen Exemption .00 2022 Assessed Value 155232 Senior Freeze Exemption .00 N O V 2 0 02 , 2022 State Equalizer X 2.9237 2022 Equaloed Assessed Value (Ii 2022 Total Tax After Exemptions 453,852 41,577.3$ 2022 Local Tax Rate X9.161% First Installment 0.00 2022 Total Tax Before Exemptions Second Installment + 41,5! M 41,57T.38 Total 2022 Tax (Payable in 2023) 41,577.38 Village of Mt. Prospect Community Development GUS TSELOSIPROSPECT PL rp UNKNOWN 7535 OLDE SALEM CIRCLE N"' HANOVER PARK IL 000000000 a m« r "*i Please see 2022 Second InstaAnment Payment Coupon next page **� MT Page 17 of 128 2022 Second Installment Property Tax Bill Cook County Payment Coupon FILE C�OPY �. OFw RECEIVED IIN 0 V 2 Ali 2023 Village of • • Community Development Pursuant to Cook County ordinance Q7-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILLS 200/20-12, you may not pay using a downloadable tax bili unless you pay the $5 duplicate bill fee. CUT& INCLUDE WITH PAYMENT -----_-------_-------- -- nuc • r • ®- Property Index Number (PIN) Volume Cook County esip 08-12-223-036-0000 049 $41,577.38 c a�ut Pia By t;I12O ' q±�-y xagA N."7 it pa*g tow, reteir to amour is aaw-- SN 0020220200 RTN 500001075 AN (see PIN) TC 008922 101m,n t use 0* 002022020080812223036000020089224000415773810004220104100E14282470000043448367 This is an Official Downfoadable, Tax Hill Payment Coupon. COOK COUNTY TREASURER Please process this cooport at01V With payment, presented- PO BOX 805438 CHICAGO IL 60SW4116 Page 18 of 128 12/1/23, 12:13 PM Cook County Treasurer's Office - Chicago, Illinois Totall Taxlirng District (Debt Attrilbuted to Your Property: $64,,079 Property Vallue: $62,0,928 To -tall (Debt % Attiriilbuted to Your Property Vallue: "III 0.3% 1T"o see the 20 -Year III°Illlstory of Your IIDilrollperty "'111"'axes, click here" Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its 2021 value. See Details Here Property Location: 0 UNKNOWN UNKNOWN, IL 00000-0000 Volume: 049 Incorrect Image? Click Here. Are Your Taxes Paid? No property was found under this PIIS for tax year 2021,. Scrollll down for more in'forma'tion. Mailing Information: GUS TSELOS/PROSPECT PL 7535 OLDE SALEM CIRCLE HANOVER PARK, IL 00000-0000 Update Your Information Tax Year 2022 (billed in 2023) Totall Amouirmt IM1111ed: $41,577.38 Original Billed Amount: $0.00 Due 04 03j,-20 2 3 Tax: a , /% Tax: 0El Intersfy' ��%� $0 00 a Current Amount Due: Af10 '" Totall Amount Due: $0.00 Original Billed Amount: $41,577.38 Due Date: 12/01/2023 Tax: $0.00 Interest: $0.00 Current Amount Due: $0.00 https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 19 of 118 12/1/23, 12:13 PM Collapse Payment Details 2nd 11/21/2023 Cook County Treasurer's Office - Chicago, Illinois Third Party ACH Payment $41,577.38 $41,577.38 About payments: • Payments are recorded the date they are received. They appear on the website about three business days later. • The current amount due is as of Friday, December 1, 2023. Questions about payments? Contact Us. • To find out if taxes for this PIN were sold or are delinquent for Tax Year 2020 and earlier, search the Cook County Clerk's records. Download Your Tax Bill Open a PDF of your tax bill that can be printed and used to pay in person or by mail. � Tax `(ear 2022 Second Installment Due Friday, December 1, 2023 Stop receiving your tax bill by mail. lld'd` Sign up for eBilling to receive future tax bills via email. Are There Any Overpayments on Your PIN? Our records do not indicate a refund available on the PIN you Ihave entered, Have You Received Your Exemptions in These Tax Years? 2022 2021 2020 2019 2018 Homeowner Exemption: NO - - - - Senior Citizen Exemption: NO Senior Freeze Exemption: NO Returning Veteran Exemption: NO Disabled Person Exemption: NO Disabled Veteran Exemption: NO Note.: Il:::ewer than five tax years of data are dislialayed wtneirn the lPN diad not exist in all five years. Contact the Cook County Assessor's Office for imoire iiinfoirirnatiion. Apply for a missing exemption 20 -Year Property Tax Bill History https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 20 of 118 12/1/23, 12:13 PM lax Year 2022: $41,577.38 Tax Year 2022: $41,51738 (Difference: I. $'1.011 (Percent Change: f 11,00% See your complete property tax history. Cook County Treasurer's Office - Chicago, Illinois li' Read "The Pappas Study" 20 -Year Property Tax History See the Top 50 Largest Tax Increases since 2000 by Chicago ward and suburb Voter Turnout 2011-2020 Chicago and Cook County Suburbs Cook County Suburbs - Interactive Map Chicago by Ward - Interactive Map Taxing District Debt Attributed to Your Property Total Taxiing IDiistiriict IDebt Attributed to Your Property: $64,079 (Property Value: $620,928 .Dotal Debt % Attributed to Youir Property Value: 103% 1T"o see the 20 Year III°tlatory of Your IIF)ilrolpelrty "'111"'axeSR click here. Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its 2021 value. Select a taxing district name for detailed financial data. Your Taxing Districts Total Debts and District Property Property Value % of Taxing Estimated Total Debts and Liabilities Liabilities Value District Debt to Property Northwest Mosquito $965,682 $99,618,481,489 $62,0,928 0.0005233`% $6 Abatement Wheeling Metro Water Reclamation $4,170,650,000 $587,864,512,338 $6.2.0,928 0.0001056°i $4,405 Dist of Chicago Mt Prospect Park District $18,436,902 $7,0'70,328,127 $62.0,928 0.0087822% $1,619 Harper Coll Comm College $365,024,944 $68,611,454,805 $62.0,928 0.0009050% $3,303 512 (Palatine) Township FIS District 214 $161,378,783 $31,652,436,474 $620,928 0.0017919% $2,892 (Arlington lits) Dunt Prospect Public $2.2,051,510 $3,049,383,710 $620,928 0.0203624% $4,490 School District 57 Village of Mount Prospect $300,001,679 $7,028,148,850 $620,928 0.0088349% $2.6,505 Town of Elk Grove $412,741 $13,280,540,076 $62.0,92.8 0.0046755% $19 Cook County Forest $548,552,253 $598,256,753,979 $620,928 0.0001038% $569 Preserve District County of Cook $19,531,125,441 $598,256,753,979 $620,928 0.0001038% $20,271 https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 21 of 118 12/1/23, 12:13 PM Cook County Treasurer's Office - Chicago, Illinois To )read "rireasulrelr IPalplpas" lDebt Study and use the iuntelractilve imalp, click here. Highlights of Your Taxing Districts' Debt and Pension Select a taxing district name for detailed financial data. Money Owed by Pension and Your Taxing Healthcare Amounts Amount of Pension Your Taxing Districts Districts (minus Promised by Your and Healthcare Employees Retirees Difference Total Net Pension Taxing Districts Shortage Liability) Northwest Mosquito $1,0803,667 $7,960,421 ($824,317) 2.1 8 13 Abatement Wheeling Metro dater Reclamation $3,327,854,000 $3,020,0180,000 $1,168,985,000 1,972 2,480 5018 Dist of Chicago Mt Prospect Park District $18,433,548 $33,278,233 $388,084 59 117 58 Harper Coll Comm College $385,967,009 $71,570,388 $71,570,388 897 0 897 512 (Palatine) TownshipHS District 214 $'1 74,084,349 $210,53:3,348 ($10,941,2.44) 1,684 1,205 479 (Arlington Hts) Mount Prospect Public $3,205,837 $30,039,042 $13,700,095 291 108 183 School District 57 Village of Mount Prospect $168,137,977 $365,344,346 $99,691,444 324 456 132 Town of Elk Grove $1,734,924 $7,055,530 ($1,32.2,183) 16 25 Cook County Forest $233,103,051 $540,107,634 $328,420,280 625 536 89 Preserve District County of Gook $8,019,310,814 $29,739,673,504 $117,090,063,066 23,538 19,856 3,682 Reports and Data for All Taxing Districts View the financial reports filed by 547 local Taxing Districts across Cook County pursuant to the Debt Disclosure Ordinance authored by Treasurer Maria Pappas. • Read the Executive Summary • Read the Debt Report • Cook County Debt Map • Correlation Chart Between Debt and Higher Taxes • Search your property to find out what portion of local government debt is attributed to your property • Debt to Property Value by Municipality- Residential and Commercial • Debt and Disclosure Data • Browse all financial reports filed by a specific local government BEGIN A NEW SEARCH DISCLAIMER: The information on this screen comes from imany sources, few of which are in the controll of the Cook County Treasurer's 4ifiice. Taxpayers are advised to take personal) responsibility for their PIN, property location, taxpayer address, and payment amounts posted due or paid, to he sure of their accuracy. https://www.cookcountytreasurer.com/yourpropertytaxoverviewresults.aspx Page 22 of 118 710-720 E Norlh� ie8t f1w), Mount Prosput, 11, 60056 1A, -',,ASF, AGRE"EMEAT' &1,1,veen a,,m Minefis limited Nabifity compay.y, as 1"'andlord and ,ANNA ALE',XANDER andAVA 8LFVkNDL,R 4idividuals.as Tevmttt 1XkSE AGREEMENT THIS LEASE" AGRV'11,MF'N,,1T rtiade as ofthe t" day ("I"Iffectivc Date'") by and bc.,tween 1,11U)SPLCY PLAZA LIX7 art Illinois limited lkibifity coinpacKs/ 1,9-aridlord") and ANNA an:AVA Al..EXANE)ER individual"; BASIC 1,f AS PROV`1S10.NS,AVND EX141811S Section I Basic Lease Provisions -rije (tescyivtions, caf,,:,,ita1ized %vords and, amounts set fimll kxflowaaaa. quafitietl by thcir language elsewflere in this La~ mse., including th,:)se Article&andior Sections, refe.rred to lar parenthcses� L1 Retad Area, (Section -1.,2)- The first floor t ' die "Retail Ark -,W' of the building (tile "BuMing") is located at 7 t 0-720 E, Northwest Hwy, Mom,,It Prospec.t. IL 60056, 1 (Secfiou Ii' ): A 420 squxe fitot floor space in Ow, Retail Area, counnioniy lo.,towa as 7 i8 L L. Northwest Hwy, Mount Na lana IL 6WRi. 1,3 "Ferin(Section 3. 1 )- Sixty. -Three f6,3) 1`611 Lease Months. 1.4 1.6 below); or t17.i) ffie, thage'Fenaut opens for business, 1'.5 Expirata ors Dwe (Secfitm.3-1).The hisa day of dw 63" fidl L6 Possess U)xt Date (Article 6,1he date Landlord prcivides I Amant with ke,vs, to aiecess the premises. 1,7 Pennitted "U'se Japanawe nuiss-ag ge pairlar, Page 23 of 128 L8 Base Rent (Sectior', 41)� El I I Al FAID -- 0 1 Q I j 2014 11 i i IT —01.f TT055 1.9 'Sceurity Deposit (,Arficle ) S85000 1-1-1— L 1.10 Notices, (Section 234): y 'REAL ESTATE MON'rm B,,+ "E REINY TAXES S850 (4):SO 010 T) .TW 'Fumuil Notievz: AhN:A.A—U ANC_ ERPIAK&A-LEXA, 1,anditmi 1..'9.1, shafl pay ffic'knrival Rcni kw auh ywr A eliat k4owlify Insiallawnk in advancC Ile fa st Monthly Installment shall be paid no ialcr than 1he C,ommencement Date jr ow" Uaic, and each subsecluent motahly instaflmeni.,4oalf hL payable in ad):.muon (I*,, Pirs( dt-iy of cacti. c;dmdu umMh dwing khe inifial torr and any R,enewaf Election tem � f this Lease. See Arfiele 4, (lar more ccm--nplete detai b,,, i 1, 12 Cinarantors.A\003� � � IIXAN. 1.1.3 Brf,'.)keers (Section 23,6): i�jql 1,14 Common Area Mahmnancc Tenant Chargc, None Kxyoss L,fzasc) 1.15 Real Estati.,, "Venant .1axes: Bepirming on Febrtuiry 1, 2027, and confinuing inip tany reneNval tenn, lhc wnma W bc fll'ir pa5Jng their pro ni'm shat -c of aly tax incrcasest'n'i as rnomfily bWS.] hZfAX NVSCycar Cor this mAculafion will frau 2023.'fhc,#cnm w-ifl be rcs'portsible fijr paying dwh pmdm of Ke inercam; wthch %01 im caktAnuAbased un TA Aa of Ae towl leas<xf s[nace.'rhe", Speeific pereentagg lay this Calculation'S Al I 1-16 R.eriawal f.-Aemion: Purstuint to Pampmph 3A, Tom shall have consecufiw-e 11)(ion (each a Renewal Election) to renew tfiz lerm of this Lease for addition' -d periods oQ11111 yem's each 1cach as Retwwal Mection), on The same tenns cmd can#hions as thosc in eff&t Wng We original Lcasc't term" C)"Cept for flne annual rent, whiA will ac4ust bi accordance whh Me pmt iskm; 1)(1o7aa;-, A Renewal F]ection, fnay not be exereised if I enant isin defauh, amid this Lewse ai the lime of the exercise of the Renewal I l ction, For Renewal clection procedure, sec, 11aragrapp 3.4, ,ENC 1AXES TBD of 15 Qd1m WON, Page 24 of 128 "1025 "1'131: ..--TBD Tf tii&716ti S 1, 100.00 I A 7 Rua Poment Address 419 E. Bw6ness ("entor, Drive, sw 11 I, 1%4'oun� parspec't' It., 600 ,36, L 18 Tlw exhiNts are aIL-whed her lir and aiadc a pari vi'this Lverso:: Lxhibil ARules and Reg!uhaions 1 L29 Business �'Ojthorizatii'-'m and, of 1111romse, C,(wnfingerjeyG,r `aalaladtaraadr9a,3 as otwiffistan&�g anything in. Lease to the contrary. the lease terriishall end and the Shall tela eroupoo ItTruirlate (""I) vt' 1"Cluna r not granted Ole require<1 hwsiness. iwalth ar liquar licellse�S) by The local rnunicQJhy.,,err ally, other govenimental auahorily fmviug juri"Ahetioll ovej sm'.11 pennits or ficensing" aflowing'Venara It') inn iaallt, Comaerwe busines'l operittiorl's" or(b) if theptuchase of the t,xisfiug f)usjrel sshy'.Ienant lionithe, prsrul femwe isnot consmimPed, or t,c) if all arreiaagc�,,, (,'�wed to Lrartdiord by Me pnnew leace under be exW 1 1! fnr the Prendses Ore Ilat paid n) Landlord ill F1111 Upon the Closing of the purchase by 'f`en fit of S. When NO I xzw k cumbpml up)n Landtfnii proctiring a spyled di'e existili'g, busin3e, ToMmUm (W Uwe Agmemau Wn dw pwwni lessee of, thepreynses the existing feria, frw the evmr of Unnumfitm due to this parnival)II, Terian't "agrees w 6�n'f'eit 0'ritire security di'-flosil, limed i'il Foardg'naph 1.9 IV) Lam'Jjord- ARUCLE: 2 PRE,NUSES; USE, RETAIL AREA,, COMAION AREA LaumHord leases to Tenant wid Imn mmts ftoni Landlord, thf,,,, spacc in the ReWU Arm demidullrd at Sedioll 1-2 hereofand with comimn, addrvss %�!( All cMId to "Pirnises"), 11u: Prenises approximate square teat is uwasured to tray" C'j2jjfCr firke 01'%rIlIfis benveen u'utdul H i ZQ U) We Metior faces of aH odtor umHs, inc ludingto ria, cxtcricirfhca.�- ofW6 at Now WHIng s%o a Ou'ws and shafts, to the trulsidC finishsurfu'a� of t"7el"nranent outsidccxterioi -,vaffis withoul deduenoo f6r structurai columilb nad, with, respect to the, ston,*onf- the lea sc" line ira the does not el&t it) N-ing tc4 �he' lca'se line, i vie i,rvrniscs an, lapin g leased, In it�s "r', is Condition Acceptance of pcowsMon by "malt UNI womhum Tenlmts abs0hile auqHowe of We leased prondses in as, fad condition, AddhWonalk, anv FAjuij)trwnt ovvrml by 1he Landloi-41 and h)cauul in the kast,ad prenwws shall hk- available for Tenards We al no additional charge. Said Npymmo Qjrry'traded the r1lainte"nance o'bligatify'lls be itenlized as an Equipment Rickn- to lhiea lease sect -i"11 2.2 RetallArlo a The RaWl Arav . f3uildinL!, and ihc (Immon Ams MR olherwise at aH iillles bo sul-')Je exclusive control and management of Landlord, su4jco. to the fistrns cfl"' 9411is I -ease, So long as remains in Wit Ibr" and MS. Tenant and hs budness invitecs and have tale,, rata right, ill cornmon wkh Undbul and 0 o1hers, u) a&hojti J-,ancliord bas gramcd or may hurc-aflu gna to we dw Common Areti sukjcct to fe'-.Ionable regulasiorni as Landlord may ft-orn finic v,') tirn, WId I th C TightS 0I'LWIdkWCI C' h'.I'Vi 1�81W @�NHENM�10 /1' Page 25 of 128 Any Sitv Hatt pruvidt-d is if.-itcaded fbr iukuna&nal 1wrposes ;my. aml shall ricot be dcemc(l to hC as wammay, impamcnKan or agmum by Lmwkml that the Ret if Area. Building an&ur stores kiclied thefeun Will lac: exacity as indicated on said Site Plan, or dwt the other tc,,nanfs may be ref6'cna�0 on said Sit: Plan 011 be occupants c7f t1w Retail Artaor Buildhntn %M0023 the 'FalAyll isperinitted to use tlic Flrcrniscs 6w Me pmpwm s"c= I Salon V and An nalla, PUWMC MIMS=ex and filr tu) rise that is iii violation of Me uses !Wed I Ns Sufun 13 h0m! Ile sj�vcirlc specific(lin Section 1-7 is a ryatefial cormidemahmi w 1.aadiord i;l orde'r thatthcre be mainained within the Retail Area an appropriate tenant mix- Temust shall obtaic, at itis own, expense, all tu:assary 'overfln'tenull license$ and perrmts hw A uw. Uruler nc) shall Tenant rise the prcnlis f6l, thc [gal wriess afqnoved, in wrifing by Larallard, Section 2A Common Area A, "Chmmon Area" shall mean all areas of the Retifl Area -and Building, ifany, ivhiy,h me noun or kreaher made avai!M* by LanMont from tme hi drov Rw Me amumou alld joint vise and beflef it 41-andlorti, Termnt easel Ker teumim of the Bailding, including hist nm Hmhed to: waNwayc thdor s0ewa%, exterior landscaped arcas: service corridorsif ally: CICC16CAI 1-0,0111S; I)ILImbing rporhis, mechanicid rooms: mhoe and dwvqwwr,,areas; setvice arreas; building enclosutes-, the roof; exterior *auks-, fighting fileflifies; sewer, line -s, v,aler mains-, Inechonic"'al exp'lipment, pijv.s. ducts, conduit: vvires.- amwch offier areas oftbe that art., interaled, for the cormnon and jciinl use arKI beirefit of tho Laxlnflord, Tefzat -al)d other tenants and occupant"s cif the 1hiiUng, 11 The Rewil Area, R.esi(kniial Area, Buillng and hie Commmi Area stwH at ata 6flaws 1w sawea to we ewhmhv CMAMI mid rnanagensmi of 1.andlord. So long as the Le°,ase remains in fulk fivee and effect'lenant amJ its busWem invitees. (mr1ploye.-es and Customers Shall have the nonexchnsive right, ill cornmon Ykith Landlord and safi othev; u) vvttom Landlord fms, fuanted u., ruay hereaftergrant rightsjo me the, Coranion Are;,,i sutqect 6.) suct'i ivisonable regulatioas as i,andlord may from finie to Unle 4npose aad the r pp et..r of Uindlord set fi)rth herti.n. '1k initial reales aural regulations we ad Rnth em EWWNt k Aules wui Regulaumis avached henu and umde a pan hema reaunt alweesto cause ils concessirmaires, of wcers. ernplqyees., age nr s aud custwnem to aNdr. by ssich ndes and regal ations , C Uandlord has, the right, in its rnall8genaent, "nitrol and operation of the building to �4.) the follfawmg if UwWwd in iN sx)le discretior, deley-raines, that it is nccvssaq a) changing flw stlect as id ,es.s of the b0ang b) obMnw1&g or 6m1g aN vill or any part of dic comroon mews (,),r in4ilding for purptises of 01BUenance, repok, or corn"truction ofle pwpaW 0 nmk1g h-nproventents or ifteratioas, additiqa,�, cbr I subtuastAns to Q buHhug or annnton anms d) alterhig the pyion sign armogernent. i 1-4millord's rights under this Sea% amy he prxfom,,vcd,,,A) tontl as (a) tweess to. and. die villiby of. doe Bare ndses is not. emit -A or obsouned and (N the businessi, operated fii the Prenkisv'i kiy -1 eern°arat: Is not materiilly w-0 adversely int,ernipted. AR31CLE 3 LEASE IERAI Sec. tiolt 3.1 Term The Terin of this I t.-�&se shall px as so RMh W Section 13, cmvanena.iug an Me Cimmemetnolt [)slew spr6fit-Ai insaid Section I A and entfing on the Expb afion [Rites specMed I sats! Sambn I I hNs ,"cradled: Ternlimned Pursuant lo arly Provision of filis Seefloa 32 Lease Yeuv-Defined 17he twin'" aasce Year" rneans a periiN] of twekye (12) const eculve calevidar months, The first Ue Ycaxshall begin rens theNmwwmemou Owe if be Umvnetweawnt fkaysbmall ocznron the first day of the 4 of 25 Yo)lw, Page 26 of 128 calendar to orith. and if iiotthe first Lease 'ear shall conimence on thc first dayof the Caiendar month rext fullowing the Corarnencement Date and me fog Un e Year shall inchWe the days subsequent the Commumement Date through, the buhuicc of that calendar month. Each succeeding Lease Yea ,, shall commencc upon the artrfiversuy &Ite f,')f the first Lease yeul Seeflon 33 Writting Effect Notwithstanding the Corn m e nc,ernent EMM of be Tum of this Lease, the parties shall be luniind by all the t,.rrn:js, carve onailts, coriditioru, and provisions contained herein Croin and aftor the Effcctivc Dale. Section 14 Renewal Election For aTem ant rencwal clection to be ef,11-46, At writ tr Nonce tbrthc ex.creise of the option PCri(,,)d rri,rist tic mailod by Tettaitt to Lauijlord by cellified, feturn receipt rcqkiested� 1-w ertl� ' Lit at gcotge( elliers(oristcAp. Con'l, I lo later th'all 0"'els HUNDRLA) L 16 HTI" (ISO) days Inior to the termin odon of' the cairrent Le:6e Tenn, or the would-bt tennination date ofthe curretar Les °t had tile to exoVe sudi option, Failure u,) Fmovide timely 13mice (it' the exercise of an option shall result in the TenanCs, Mver 4 such right to exteml the Lease Terrtl., Wthamare, said option may riot be exo:�P,.°iscd ,while the Tertant is in deM of any tum under this Lease. Time is of t1w essence for pUq)t)Ses ��if thist pafagraph. ARTICLE 4 BASE RENT Sectiou 4. I PayntenVACH Payttlentl AD Base la eW d` it payable iiiadvance, withoutprior dernan.doi any Tight ofoffw�tor dedriciiorl, it.), tnoill-JILY insta,1111tents on Me fiml hazy of eaclri cttlendar 1-nond"I. ofdie1lenn hereot, Tenant stuill pay all Base Rent to Lt:rndlord in lawful mone) of the United gates of America at (tic address stotted it) Seetkm or to stich ohm peraws or at such oW p1mes ,Ls Landlord inay desig niate in Wrifi,119, Watford shah have the rigjit to require that TQnant pay Basc Rent, and all Other amounts due''ander this Leasetol,andford viaAutarriated (,',lc4itijigliousepaynawas("A(�,f I PayrnenK), cerlifitdcheck , or pumey order (Larifflord's choice), Tenaut mut LaMord agree to cwperaw with each other to cornplete all necessary Irms and to pnovide any informatioji "vedtd to fkilitate Tenant's ACI I Payments wifl:iin Thirty (30) days; o( Landlord aglers tjjalt any late paynw-ret oase RN ent or any other i i's jx,iyabie under this LLr6e kAw to the transitioning to ACJJ Payloents,,shadl not he considered as default or breach of 16 Lzase Section 4.2 Past Due Base, Real and Late Cbarge Any We R-ent mAdrfftioml Roo to bepaid #Temnt which is not paid on or belbre the exj'6rafion cif Hie notice arid cure periool provided 1"or in S,tion 10 1 herwfs1till beat, 4rterest fton't (tic dwe dUt U11(i I the, daate paid at the DeAuR Raw. ou or bebre die, expiratioti, of the Iratle and Cure Period provided f; a jr, Se(qjot,� 10.1 lwreof, Ten, i t shall be Mgmed to pay alae psyment charge equal u) Eve (5%) Oeroent of the amount. due to rein iburse Landlord. for its addib',mall admhOwnMe coms, Any payinient by Tenant or acceprance by Landlord of as lesser aniount than shall be dupe frorn Tenant to Landtord shall be trewed as a payment air. accounrThe by Landlord of' as jVJyVnC]1t kir an lesser wilount with an endotsemern or Matemart dwwo'L (W uPon aqy letter stich paynew, dMt SUO.11 lesser airlount is pa3mient in tiall, shall be given no of 'e and Landlord nuly'nccevtslw�h payment,withoat pmjudiee to nary aler rights tw remeWes which N. ndlord nmy have apdnst MY. The nve (5%) percum or me amma due Wdowl adnlinis�,:,ative fee set fiorth above Is alit laded as masonable estinate of WWWds adnNIMMve caMs and damages because of fenowt',s failure to Pay Base Rent orAdditional Ree ona fimely basis,, 'I'he partiesagree tliai this adminv,,(rativc fele is reasonable, o%'o,vw, n "Ok 5 uf 2) h'6, Page 27 of 128 bean 6gudkm reladon the actual administrative ccksLs, that 1.andlord inight sustain, whiub admWiMmAc coms Tenant and Ulndlord agreewould be urwenain and ditficull to cn-e-, and is net a. perialty for Tenant's failurrw to pay t3ase Rent mul Additicnial Rent, The iicceptance by Landlord of ,;aid adtnitistrative fee, WU not Incehide 1,'irldford from Seeking, and pul-surag any otht,kr rernedy 'ander this Section, 4-3 B*sw Rent Payment Wkse Antsduall begiaon the ColumencernentDate, If thc corn'tnencerrient Date oecurs on, as day offwr than flies fikst day of as calendir month., then Ba. Rentshall tx,r prorated for Itic balanix of th;it r1ionth hased UIX)II the atmial nuniber of dikys from thk (:0111171CIXTITIC[It DJW'thfollgh UIC [ast day of said ca tendar mouth- 1 -ho ,Ivnount of C,-,Kh InOwWy ins ufflinera of 'Ba,sc Rent fbr the Prcini-;cs for the Teryn of Ak Lene shall be ars spucified in Seciion 1,8, Seetion, 4.4 Addidenal'Rent Tenant and I.andlord agree duat all ottler sums exaTting Lose ReW uhih imy Wome Aw un&r thi,s, lxas-e shall he Wmed "Addilknud Rent". AddidoW Ran AWU includand,,.-dhall aot be limitp.1 tar. late charges, interest ;rnd any other sum coning due to UndWrd or advarwed by 1,andford inperhynnarme of im ANPUAn BMW, WM Beginning tyn the, P(Sse",ision Date,Temynt shaft niake appliewion for, obtain.. pay i'bv and be Piohdy rvsqhmsible fin all vfihfie,,i required, esed or ctonsumed in flie'Preinises. iucluding, but not limited to, gas, water. (inctuding -water for dorriestic usei and for fiiry protextiun), to-lephone, eli.> ricky. garbage vilkedon seinin, sewer service anJ any Sinlitar service- 11"I file event that any charge 11,)r any iaility Surx1flied to the Premises is not paid by Teriam to the suppjjermaj-wn thm, Men UnTund nmy, bw AAH not be required to, pay such chnx�f,e fees and an EwhaV of Temmu, whh wV stela nummit paid by L.,sindloi-dAxing repaid by -1 enwn to UnWuni as AuMkkmal Knit promptly ulmn dernand. Additinxizifly, it Landlord slain[ Ad to sVQ my utifities to the Premises, then 'feriant st.wlld pvay io Landlord flee cost of its utifify consumption and the mm of mWpjmg mVamte rnetering, devices if itecemary. Undlord allees that the cost to, Tenant of any Witiessupplied by Landlord W rug exuad die arwmirt Tenant would tuave paid it' if independrntly Obtained such service firom the 1<wal anility supplier to the extent that a n-,Autionship �xvsts. t,aridlord and Tenam fiere0y a, e that UuWkyrd shall nolt lie liable for any interyupti6xv,, or curtailment, in r,.%fifity sovkes due to caums Wyowd As controt or due to Landlord's alteration, re1jair or impi,oveinew of the Premisesthe Retail Anuior the Buildiiq.;, AlUXLE: 6 ACCTPTANCE CHI POSSESSION Section & 1 77enaut'sWork ,M1 work not provided hemin U) be cWne by Lrarnc lord, if any, shall V)e jvqfurlyted by TenanL at 1"Wams equan aand deetnext to be "Tenwit's Work". TOWN Wudc shall be performed diligewly ata pronyly, at Tenant's expense, in wxcardkmcewith the requirernertis widiin fl -tis I -ease and ot'good workman- like manner and (:1ear of any livo, tit Won &2 IVW& OUgations Before Conionset meext Date Tenntsball pmpmv Idws and sp"ifieatiOnN (Wf'fiN1W0'1, WOA, ifiW)-, alld Suhfnit sanw lo I'arifflord Rw die lAndWs review and appro%"al. As soon ani ioAsonably possible thereatter, Landlord slwllnofify Tamm of miy Mure of Tamoh plarts to vnect with I.,andlord's, approval, ref icb approval shall tiol be unreaminably vkhtwid or delayed- Tenant ball then. cause Tenant's plans it) 1v ievised and I-eSLAbRiAted tO 6 of 25 Unnubs, A�l Af.Il" A.? Page 28 of 128 the Landlor.41 forLandloixi's mgbf.,- withficklorfie bayed. 'Wlhell Landlord or it% dcsigxtat A. agent has approved the original (w revised'I'mants plans, said phuis, as qproved by Ge W&W4 awre herein calle'd the "Tcmisit's Plans". 'I'mant shall iwt commence any ofTenant's Work Ulltil LAAWIUM 11US 3pprOved. thc ` fellant's Plans. 1aihm."' by "rimumt w thriely submit plans shali, notdehiy the oce'urrence and Comm.c.-actawnt. Date, Not �vitbslancfigig �.miything' 41 this 62 to the rnaN install tmule fixorros and paht om. prealiscs at, their choosing bur, shall 61710y pn"Pary and Submit a requc,"m for insvfflatiorl 411&or pAmkq work m IAWoni forwriam appiuval, Lamllord"', consc-ilt not ammsaimbly w1himil. Tenant shall rwt he auowcd a) insuall fioorizg, or odwr fhm6ng tmWimt ""ithout written. Landkitd. apjmwa, 'which decision. shaH be at Landlonk sole discretionand authorily. Section 6.3 'J"marit's construction Tenant shal'i ctumplete Temant-s' Warhi subsounial, acamdalyce With tile 'Fellant's Plans. In tarn ever,it shall, Tenants failure to rulfill it: obiiwatkxts tiada Section 6,2 "i feet t1it-, Commencement Date, or any: obfigmif.ml of"Tenani. hercu'rider" and rm sticla f�,iilmrc shall k omismwd in any way to extend the Lease Tom, i k1l consumdem mxvk to he prtfinmed hyTellant hercumim if an�.' Shalt he per fiorn'ted., au <r g )Od and workmanlikr manner hi M compulme With aafl appficat,�'Ie lams., axies artd hudding requirernumls (,,*I' tile hwal, authoritles- Tk.-atant agree% to procon- arul pay for all newomy pamils. Ucems and consents required in comnection with such cnstructiou aml that such cowlstwuction Work A)afi nrtt inte.'6vre With the conduct 4"Of LaTullord's orany other tenara's btisiness ii, -k the Reuafl Area, ARTWLE 7 SECUR.FrY DEPOSIT Temint will coixurrent widi the execution of this fxase deposit with Landlord (BY CkS I I 1F.RS CHECK OR MONEY ORDER) the Sum (.,,f Dollars (S854).00), which ',';um, slaall tie held by Lmidlord as Rux the fi.111 and prompt and each and eve*, obligan.on. c°,kyvemaut mad agmemen't c)f 'I'mi'aut in rhiz'� 1 -case. including kirxm terminttion pf thus may, but nced not, be applied. by buidlord in order to cureawy defaultin any of the tenns, prl.'Jvision' or madiumm of mh lxm, 'the dcpusk Shall be mmnwd ten Tenant b'y Landlord, WWr dkuuhg UMMIUm ally S11111,5 owed to Landlow-cl puTsuanl in pmmkmm of thine 1,zase, t1p4mi Tenam successti illy Performing each and every obligptioll, covemml and a0ccomm required, tTenant to be pedonned hereunder. SfioqW fite Rmil Awn, flacrises; or Building be conveym4 or LandkmA's interest be assigned, the sccurily dtpo)il (or c any ponion thereof not previously qqhmP nmy be. turmW over tg credited to LarRJJA)rd*s;rantee can 'ivt e as appficableand ifle anw he mnwd ova or cmdRed as akwomadamumt hemby rdeuses Landkwd h-om any and all liability with, respect to the %ccudty deposir csr its application or return and Tenant agrecs to loole, Solely to mWh gmume or assigace for, Such application or rourn. Exccpt its provided by la"% neither Lar.idlord am its respective sumemms W be obligated io h4,'4d the security deposit ina separ",uearea ount but may coninlingle the saannrrr Nvith Uther fbilds. ARTWLE 8 ASSIGWENll" OR SURLETT'INC Want acknoNVINIges 0ult Temant's agreement to arra rate its lousiness in 111e, prumise"s, for the tvie 1,wrm,itted in Sectim.'i. 13 hemb Ar We Term herrn of, was a j'aimary, inducemerit aml prmmndiriari to enur an Imeme, franchsc or concession agreernencs".. chavige, ownership, morigaget pledge, encurnber" 7005 lommumd" QJIJ. I MAN bm a, .71f Page 29 of 128 hyr,vot'hecam or olf.rcrwise transfcr this Lexsc or thic Te'nant's irate -a -m in and to the Prernisies in waw hole. or ill par; or clhermisc jwnnit cxcupanacy ofall or any jxirt thereof, by"'I'llyone with, untier or thrm'ip�l ot (the foregoing herein referred. to as individually as as '-Transfee' and colleetiwefy as -'Fransfers,,-) Or Ulldtf.' it without first Inocuring ilae, written, ci,,)nsent of Und= Mh cwmmA Mil r1ot he uareasimahty withill'Ad or &.-Iayed, Any atterript to Transfer witirtial, the Lamllmdl wrinco constv shall be void ,rnil ccinfer no ri.O!.qs upon isay third person,. Thi�, lira hhkww uf this Artide 8 All bc consutied ter re-fe.f to any ups or eymes rdined to wlicther they occer hy ol,-x-matimi of law, 1,qnil process, receivership, banknWtcy or otberwi= AR1 KA.,E 9 C"ONDUCTOF BUSUNESS Section 9.1 Tenant's obligafions Tenant represents. covenants and agmws to and with Landlor(L that throughout the ternChere(Ak sAD: 0) kap lhc Punka hwhIng the fixtures, displays, show windows, floors, Signs clean,,Tleat. sanit,,,,iry and safe and in good orderer repair wid condition (iniAttding all ttecessary replacerneats, pajilfing ar)d rtes x3rating), awl shall keepalig gi ain Lkmim, whudom ss s ws and elsewheir ckl n and 4,,1 go(A it and SIU111 PTPLaCt.- j)f01flA1Y A ghlSs vitis may, her (bnmged or broken with glass of t1te same quality, ordinmry uvar and war and damutge by fiv or othea casualty excepred, , (4) pity, befiwe rjelkiqufnu, asiyaad 3H tlxes, assesstriel its saraef pablk (".Jiurges imposed ujx)nTeriant's business or fixtrurs, and pay Millen oue all fices of'sirr,6hir nature., (60 kmp to liar mises gallicitmOy bealed to pf".C."N"ent fire inn of wacr io pipes and fixtures in ant) aboat the Premise-swul at such Nels as cwr� tae. required by any f6deral,,.state or iocal laws, onflanues, or regula6onq (i,-) instal I awu) roaimah mwh Are protection devices as inay be required by aay goverarri,enbal Nxty tw hawame umWrn\k,rAx in due ReW dNrea; and keep the Premises free frora to and venuk) u,nd contract for reyttlarly, scheduled extermination service - S4wdna 1.0.1. Tenant Derfvnit/Rigtit to Reenter and Remedies In the event uf (,a) any, failure, tif Main to Imy miy Base IS, Addhimmial. 11ent or Any due hereunder fbr rmar thmi Gvc (3) day's Act wntten notice, ot'such default shall have been given Jo Tenow. in- (b) mly ffidure to I'xi-form any rather of the terins, conditions or covenams of 11iis Lease, to let:. OF,erved or perlInnied by Twwu thin more than €went�5420t Joys alter wrinen ntitice of such cletaidr shall bave been givtal tea `f or, Such, addinonal time as is rea.,,.onably nuluired to ecwrect such defauk pnwided Tenant has commoiced to cuiv sartre K Win said hVenty (20) day petiod ami is diNgeritty 1,:)Ursaiing, stint to emnomM, but no longer. than AN (N) Q& or (c) ifTenant or axi, agent OTenent as9 dd! invrkpnally falsify any rlepwart near uired to draw furnisfuhl to Lawflord pmvmm to dw uwms of this 1_ to or (d) ifferrant e shall becowne i",Aveml, or fileany sur takeorltavealken a W!,inst'fenant or any givarantor of this lxase in any emat pursuam, to any stakae of mq strati; as: pokki Or morganization (,w for the appiAnanent of a, receiver or trustee of aU cm a Wndon of Tommes or any suo, guarantor's property- or (e) if Ttquint orany guh gintratitor makes an wsignmerit frrr the benefit of ixeditors, Or Petitions firm of eater's inta an agreerneint., cw (f) if Teunni shall abandon t1w Pmrnises, or suffer lhisiease ba be taken untler any writ of esecution, or (g) if Tertani breaches in AMs be prodAum of AdMe 24 hereof then Landlord- in Adhion to other r4ju tar remoMes it may have- shall have the inunediate right to ten-ninate "Fenant's g il 'it to jN.4s(-.SSio41 to Me Premises awl to recawr and resune A rwivans and propeqy ftrityl. the prxnnises. S=h pmpaq awy be remoM anti storud in apublic %4�arehouse or elsewhere at tht., cam it iwd A d mwamt of, Tena n; 01 twithioll service of aotice (excrilt a's lrawided herein) aiut re-iorl to 1,egal Process W14 wifluxit being deeryled guilly oft-respass or becoming liable low- any loss, or darna,, which inay Ix, thereh!y. As , Page 30 of 128 S I ection 10.2 Tenant Defaultiffight to ROO Shoidd Tenant ke in, default as provided in Secd(ni 1.4.), 1 above awl Landlord etects to reenter, as herein providc& arshauld Uindicnd to anyllutice provided for b� law, or should 17ertant fait to vorea djjthult �after e'xpiratinn c�ffize applicable notice period) Landlord may either uwmhaW dais 1,case at, nmy, Rom dam to time widwut waninafing 6is [.,ea sr- make mA alteratiows and re.pains as may bt: necessary in Mm to rek Ifte and relet the Premises or MW Jun M"NA for Stich, terivi of Wnnh OM niaylvfor a term extending lvyond the 't. ease~ 'J erm) ;,vid at such revaW (w tvitafs and upon such otfu'r Umms and cowlitimis az Lividlord, in its so[e discretion may de,srnw aiivisabl,c. Upon tixilzh such, reletting, all rentils receivexi by Landloid dlewfrom shall trio ->a apph�A. finst, to Hasty indel)tvdness other dian Base Rent duc h(-reufidL<r ficmTruant to U ridlotd; SCCI)nd, to pay any costs nnd expenses of MUM, irif.huhrig Additional Ran, amendots, or ant avz�rncnts, brokers' fhep and attorney's, f'ee's' and of Costs of s'uch 'Atenoi0mv, artt.s ji- it 14�' 11141 .pairs; t1ijtd, to ihe. ryayaicnt of Rei d, , , ', utipaid heteunder, and the residite, if any, AM No held by Larlifityrd arid applied in paymew of f6atte Base Rent as the sear e, may beanne due anti piq*le hereunder,, If such rentals rfteived frcm� such n4eving, during wly awnth Shall be less than that to'be paid during, that month by Tenant hereunder, Tenant Mhult pay any Awh delkiency foLandlord. Stwit deficiency shall be calculated and paid, monthly, No stich rcentry or taking pasmssion of thin Pruniis by I zindjord shall he construed as an vlecbon on its part to tenuivate this Lone Mom a written nofice ofmwh intention be given to'renant Or unhtss the tertnivatioa themof he deatmi by a caud Lzindlord shou!d he entided to -recovcc from Tertant any Bair Rent whichxoWd offierwise have ken prapgAe Umfiltz the terins of this Lease but, for Concession's gra.iwanatvneats prevkmMy gwnwd by Landic)rd to tenaill, Nom'ithstaraling any such reletting xvith(xit terrninahon. Lant-Iford rvvay, at ally litTle thereafter ckwt to langnae IMs Ixase tbr succi previous Wadi, Sivadd WdWal at mW tiam Uumirtme this lkskfor anye breach, in atkfi6an to any other rennedies it nvly hav, it may ivroww Wn Anwil A thnwges it may ineur r ason of'such breach, iricluding the cost of recovering the Premises, reasormble atUnnej%'*e-,;, and inc.luding the wkmilt eat the fime of such teratinalion of he excess. dany, of the ainouW of Base Rent rt servai in this Lease Fort1w, reinainder of the Lease'rerni over tht,,, then reasonalAr mritat YaWe of the Mules Ar the -remainder of the Lease Term, tilt of we araount, s shall be itru-nediately due and py W Wn Tamm oto Land%& In (lie event of to breach h)< Teallat of arly of the t:ovenwits w,,ir pi,ovisions 1-andford shall 1-mve the, right of ilijunction and the right to itrvoke any remedy at lowed at haw or in equity as if re-entqq, sumnuay pnxeedinggs wid other remedirs Nveae not ywovidmi for Okla. Mentiun in this Lease ofiniy pw6culay- vviledy v011 not j*Mude, Landlord front any other rernedy at I mv, in, et-juity tar. des` statute. "1 eel Rare by,, acknowledgcs that E,wOord shidi ba ve. the right to exercise any remedy avail ableu.) it under Ifus Lcase, at law, in equiry or by siatute and tofless clearly stated to the COMMI-Y in thjS'LeaSe, UO doo or runWy em1krod ujitni or reserved to the 1,andknd under 11tis [,ease is WsWed to be Mumve of any olWr Qht or varnaty givevi, hereiri of naw or hereitialler exisling at taw, in equity or hystatute. Landiord t half mitigate its darnager, as required'to do so under Illinois tWv Section 103 Jl..'egal Expellases If suit sh"Al, be brotly 'jit for re,4:overyr 46he Ptrinises, ibr, the recover y of Base Rent, Additional Rent or mvy other amount due u..uttkr the provisions t,'Yf this.Lease, or tiecause i -if the prosecution f,,)r def .,,nse (by Landlord) of as ImswsAms-ri andior breach of lcase actim-i Oxit no other clairns, lort or othem,ise) anda breach shall lie establisheti, Uwdlord shall tar, allowed to be obtaiii all. expenses ii.ieurred therefor.including ,.., rt Section 10.4 Landlord Default Lam= AW1 mit be in default in the perfibro nance t)fmy of its obligavioris under bis Lease uffless and until t-andfol-d AM We DOW io pahmn nwh obligation within Otirly i30) days aflet-xviitten by 'I enant to 1,altidlord MMg With speAi-fieitbv the na'nne of Laadlord"s Cadure, to perform such obt igadkm'), m sura h WAK We Has is re asuruibly retluired to correct such defkilt, ptwv6deA, Landlord has commenced to ctur same ME sew d lklf l30) day jvriod and is dfligently pursuing saine to cornpletimi. In the event 9 of 23 low, 65A Page 31 of of a WAR delbuk. Tenant shall be entitled to exercise all rielits and remedies available to it tinder this Leaseat law or in equlty ARTICLE I I INSLWANCT Section 11.1. By Testa nt 11nant apxces W t%up, G:)111friercial Guieral Liability, insurance on the Premises during the Term 1Iercof, Covering the 1"cliant and lurthqg Q LanWorxl, rrioslgagee- LamMorlb agents nmul belwqiciaries and Such other, partics as requested by MUM as additional insurcds with tera�,,; aud fzornpanies Satisfactory to Landlord for finaie', of not less ttian Onv, I'diltion Dollars and 0011,00 Dollars ($t OW,000,00) for Nxtily irijury, iov,1110ing death, arv.) rx,rsonal i;.jury for any one (KvurrenCA.,, OUC Milliatl UMI OUM 00 Mar's t$ [1,000'(W0,00) Propel ty tLarnage insurance or ComNix"d single filuit of T�,%Vo '�fflion and, 00,` 1. 00 D<A lans lSZ.00,000), Tenmu also as "r' to cury haumnceagiinsi fire, sprinkler tLin'ragemid such otber risks as are from tirne to time included in as Special Causes of bosss Insurance, for thefull it value c.overing Tepant's Work, all of 'I elont's betteraic'nts, Tenant's rnerchandiw, trade, fixtures, fin nishings, wall c.overings, plate glass, floor coverini..,,'s, ekqvtingdrapes.-,. equipmentmW all items of'personal properqr of Tell Taut located oil CW mown be premsW]"enalit shall also cajA7,, business irltzrruption insurance, business ineorne aat d exini expense insitatnee cw avege inswing agaa inst flood and aril other tbrins of %& ater damage. 1'>ona,rtfs husiams in'tcrruption C(11%,eralge sAll hwWdu cavauge Or off Premises pubfic atility interruption arld �said. hus,,ifwss interyuption insurance shall hwv Hinits Sul"ficient to paN Base Retri" axotMddilional Rent lbraperiod of riot less thars twelve (12) manths. At the Date. Smant shall provide Landloai with copies of the policies or eerfificatf..% evidencing tbat such irisuranto A in RM Or e* and effect arid stating the ten-ris thereof', Section 111 Tenant's Waiver of Chinas Landtorsd. its, agents and ernpk>yees, shull not beliable for, and Tenant hereby releassn the La ninflord frf"m"I any liability, 'Ahatwwver, aad heretjy waives all elaim,,, il'.)r N)sses anf.1 darum, s, including, taut oof limited to, actual and consequential ions and damalge to the Retail Area or the Building (includial.; befternients and Newhag tdbe lofxs, of use tfiertwf) susuiVied fey Teriant resulting from arty accident or oecurrence (inclading the neghgence of Landlord) in lwupon miy part of` the Premises or the Common Area. ixt.efuding,unt any right ofstibrogation which naio, it olhcrv,ise exist ito or accrike to wwy persi ti on ucco drereof S-Oon I k,3 Iricrea.w. in Fire Insurance Frerninat. "Tenant allers that R WU mu Mpt, use. sell or offer fear- sale in or upon, Afrin 11rernises irmy arlicle .Which atay he Inchhhed hT the swndad foni) of" fire insurance policy- Vew)nfagrees to payany inexease ft -A prerniums for fire anti exteaded coverage or Wwrinsmnauxe that may beclam ged during the Lm)se: Tenn oll the awourfl: of' Such insurance which unay be carried, bLandlarti on the 11'retnises or the Reuid Area resulting fiorn, the type rd'niv=haridise sold by Tenant in the llrerinNes, wheher or not LandWrd has consented to dwsaane. Iti deternsining wheliket, increased preimunis are tht resuft offenant's ase of` the Premises, as ?,schedule. issued by, the ixganimuion making the insunance lute on flie prerylises "dunving the various comporitnits of such rate. shall he kxinchasive e% irJence of the awend dean and chmpes m1% Me up dw fire insurance rate on tile pfemises. tri be evew Teaanfs occupancy causes any im:rease of prernium fior the coniniercial liabifity, Casualty and utfier perif insurarice rates on the llreri,iises, the BuiWing ot- Retail Area or aviy part thercxff above the ratc for the le.ast hazardous tyjx- of oco; upancy legfl ly permitted in ffie Premises, Tenatit shall pay the aclilitiona) prenriurn on smh Surame rpx)ficies b.% reitson 40mof B06 An swit Klibmat prendurns shall tx,- mndmed by Landlord ta"Tenano at sump tinwsms, bindlord may elect., and stiall he attic hmm Tmmnt when ivndeved, and the aniount thereot'sttall be deemed to bv-, and 1>e paid, as, Additional Rent. ic'ritr� I Q, of 25 Page 32 of 128 Section 11.4Mutual Indemnification A. E , xCept k'p the he exteni cam, -ed by Landlorck Ilegligence,'fa. nant shall imlemaily aridforever save harrnie&s Landlord, its agents and ernployces feain and agaiml, any wid all third parly personal in' jUtY anti third party, perso.'riat properry liabititles, fie ns„ claims, thnnands, tfiaviagcs, expenses. attorneys' fees,, Cost's, saits, proccct1h.,11.,m, actiows and Causes ofaction ofarj�,, ;arid c,k away kiwl and nature arising or gp.)vulg otir of, or in anY way corincctc4l Witil"l-enalle's U&C, occupaacy, atanagemeta star control of the Premises, or TellilnfS CAMdua or activities. in the Retail, Area, the HiOding or Common Arca or anY part dicreof, of occasione'd wholty in part by any awt or oinission 4,11"1 ellant, its invilees, agents, or scrvaafs, 13. Excvpr w flic extent cak6cd ty Tenant's acgfigcitcc, Landlord shall iademn.4 and hncver save harrn4-ss'fenant, ks, aggnts and employees frarn and against any and all chirki party peysoual injury aud third party r'CrSorull, properry fiabilitieni, Hens, claims, defflaw,16, damages, expervses, attorneys' ft es, costs, suits, protcedings. actions arid cttuses of action <Yfauy aml evciy kind and nature arising or per out of, or in any waly connected with, Uaridlord", matlagerrierit and colitrol of the Rewit Atea,, or the Building or t,toArea or any pzxt dieit-,of, w- Landlord's coaduct of activities in tile premh;cs or occasioned wholly or Mpart by any act or arnission of Lakiord. its invitees, agents, colltractors4 ernrAoyees or Servants. AWFICLE 12 NO PERS OXXI, LIABILITY OF LANDLA)RD "Lantflord". as uself in this Lease insof1jr as ctwenwits ar nbhpfi4,,m,s on rise put of'Undlord are concerned, s1,1WA, be fin:iited to mearl :'InAl include only the owner apt owners at tile firne in (4yestion of aw prellli:ies. In the event. of any trzansfitr of fide, the.1- as dlord narned, iler,inshafl autoinsfically be freed and relieved fiorn and after the date of skich tratisfar Of ctmveyaltce of all hability as respects, dw perronivince, or ohliganiorls on ihe Pan. of Landkyrd, contaitied in this Lcasc theteafter w be perfortned, provIded that anyfunds in the hamis of such, 1...,aadlord a the time of'«.Atch transfer shall be turnt4J over to Haas gramee, ARTICLE 13 ACCI,,'SS TO PREMISES its av gents, represetwifives and designeesshall have ate vight uk enter the Premises at ally reasonabie, tisne upou reasonaWe I.Yrior notice, (eXCqA in case at'apf.iarent entergency, wtien enuy shall be ju-nnitted ra any time and withota nofice) lei examille and inspect 'the 's'ame, zu-0/or it) pertbrm Such Ynabitenance, rqsiirs, additions or alterations as, Landlord may deem necessary or pn:iper for the safi-�,ty�, iniprovemmit or presei-vation of the Retail Are.4 and'or tile Building- pslvided that during such access, La),,41,ord agpvcs to i.ise rtNigmahte efforls not to unreasonably interfere with the Tenant's opratitin ofits business. Landlord shall also have the right Ity entes, the Premises uIx)n reasomilift- prior tu'Awe duriuig Tc.sianfs regular business houm, to to prtKpective purchasers, rrlortgagces, lessees and tenant& Addifitaudiv, Landlord, its ageixts, represenuatives arid designees sfwli have die fighs, U.) enter tae. llrctnises fiv.)III time, to till1r, at any reasonable, hnte and upon reasonable prior notice to install, fmairw)in, modiA', rtlocate and 'or retno-,,e black irort:HVAC o-aidensing banes, water knes, electrical fines or arr" other UtifitiC% 0T pipt,-S (CDHeCtively above the dropped ceffing (if any) of tilePl-ernises and below t1ke ScTond level floor ftyr -die purpose of ikimillitkg, modifying, maintainirlg,, rq)atrmg and rephiciai g pij.Jes (i) through tbe Prernises fi)r the bcnefin of any t)lhcqyArl of the Btfflding. and (ii) hart nigh die Premis'es dnd into the shaft located ip flies utility n.,xnri, of. the ftiniscs that nins to the rwyfof the, Btfflding, AR"1'1(.,'I.,E 14 TEN A NTALTE RA.T IONS . ......... Page 33 of 128 Tenant shalf not make mKv stsictunat of ineclumical afteratioris in any jwtion of the Premiscs, nor make wiv alteratiavis to the exterior Of the pmmiscn; Wedlotit firstribmining the written coxiscut, of Lant.flord, whk�h, consent tm.ky be withheld iti, Landlord's sole discretion. ARTICLE 15 REPAIRS AND MAIN'TENANVE Sioction 15.1 Landford's Obligations Landlord shall keep or ca ase* to bc'r xpt the 6)taldatifmls, ffixm- Slab, fbotiags" flashings, stnicturaj -i except for damul-e lhereu') due, to Ific act or omissions ofTen,11111, its elnrAoyvs. agents, cononctors or irjvjtces. Landlord shall orad '110 other ladity,also keep int god ordm condition and repair all Systemic fig�;htalg, eheork;al, piumb4lig a e(jul ipixient and appurtemances 1"IT) ti) the pt,�irlt of comiection. to each [eased and occapied space i ri the tt.Ctajj Acea (bat ('xCluding hearing, Ventilating al -I'd air Couditioning fixtiircs and s,yY stems serving the Pret ii-ses mcluf-;ively, whether or not located in the Preinises, whirliare Tetkant's, rusponsibility to main min, n,,,pair an,d replace under Section 15.4 This Section shall not apply in cast of damage or destraction by fire or other casualty or uxidermadon or emilumt domain, in as event the obligalion s of Landlord shall be contv,,)lled by Articles 1`7 and I K Except as provideel in this Seefion 15.1, Landlord shail not ttt,., obligated u) make iepairs. repacemems or of Wry kind %ti'mi the llreimiws, or to aj.,iy etitlipmenc, merchandise, suwk in trade-, bicitities or fixtures therein, all, tat which shall he Tenavit's responslibility, but T, cqiant s,,Wall give Landlord proinjit Written notice of any accidemr (mtsikalry, dan-tage or otber sinffl�..a occurreace in or to the Preauses,, I] -w Building or the t. "cmimon, Area of Which Section 15.2 Twint* Obligalloas Ta=anf, shall. at all titmes maintain. rei'mir and replace the Prenrises; Oncluding all entrances, anti and all.rmtUtians, vk indows aml wiadow frames and nwidinvS, platc gkvys. siiqls, glass, doors, door openers, timures, eqtijjaw:nent and appurtem.taces thereof (im-Axifing tighting", electrical, plumbing! hea,ting, ventilating and air conditioning fixoxxes and systems i 11 XIA( I '),and other inecha,aical equipryient and appimenances serving, the Premise-, txdblsively, whether or not located in the Premises) and all parts of the Premises not requiroj hereif-A to tw fmtiatained by Landlord iii good oYr der and condition- clean, orderly, sanitary and iate, dairtage by unavoidable casualty exceI;tted, irwlxidixig� bta not linitteti to, doino such things, at Trmam's sole Cost and expcnse, as are 'necessary to caws e the Premises to coniply 'Villi applicable claw s. ordinances, rules, regvulmiolls(lifections, requirements, and orderer oftyoverTAYM11tal and pubfic bmfici and a,f�,elwicm Which, are tiow in fin ix or which rmly hereafter be in force. which shafl impose any chity upon Landlord or Tenalirwith respett ten the lise, ucci47ationar alteration iA the Premises or the Ret,Ml Arrea, smlJ as, bof nol timited tci, tbe W'1h,':1MS,StPi'-p I "r ()c.cupatiomil Satiety arid Health Act and the Aaw-ricanswith Disabilities Act. If mplacement of equips,nent, fixtures. unirs, systems wid appmletrances thereto are- necessary, T'eftant Shail replace file Same With c,cpnripraaa aaaw fixtures, Units, Systems and appurtellances of the Sanae quality, and shall repair Al damages done at. or by .stach rt pulara caaa,aerrat. Tenkm t mmst ol.'Aaht 1-andlard's prior written consent before accessing or erste ling g upon the roof If 1 enant refiuse's or neglects to makt', Wepairs ancki to maintain the Premises or any part thenmf in na, 1,11'alirler rcaaseanwaalnl s'alisikuyry to Landlord-A-andloW shall have the right, but notthe obiigatiom upon gi,ving Tenant re"Isonable wriaell notice of its, Clectior) to do sr), to, make, such repairs or peiform such inainlenanc,e on behalf (of and f6r the acex.mint (A"T"enant. Such work shall t -x,, I'mid l'or by Tentint, as AddilioFW Rent, promptly upcm reccipt of a bill (hereforwitha lilleva percent (15%) administfatiOncha vge, added, to the total. Tenant ""hall, as txart, of its maintenance and tepair (44igatioms, ltereundcrl tnNr into a service cc)ntrac,f. with as local, approved contractor Bor service., maintenance aml reixtir of the HVAC equipment 'xiffiin mid Sew vicing the Pren:rises. wbiob sJudl provide fi)r!ziervic-ing b -Y SUCh 0MITUCAOr 110 JACSS Oflell thall rl 12 of,.25 Torm? l00%,O, Page 34 of 128 quiledy, Such Maintcnance Contraci for the il V AC shifi includz but not K-- hinited to those requirefnent's, uppearing within this lease, If any fIVAC equipffient is beyond repair and replaectnent. as Weanined by LandloKk chosc.',,n contractor, the Landlorilshall be, responsible ii.sr arud ;'xly fr)rsaid rcvlaurrunit(s) at I ,a"ndlord's sale, empetme. my wher repairs to,K'VAC equipivvent shall be Tcnayn',s sole resixxisibility auid Tenant's sole expense, to impain; or replamoment of Ic nwf Aall b*v, thc, Laridloufs responsibility. Landkll'U. Shall WX bavG"' any ftother (7l'A'jg.j'fi0jj or a"r "nWn of(fte jjj°(,jp,ony, , I jvjje(-jtvr ()r e_,K,tcrrur� during the entire turn of Chas Lcww u any option jWo& ("errant: shall bm e m9c frSIX)VISibility fear` aR 0OU'r rriairitewtanc e. repair's and of thr property antl any aspktnetlaru:Cs the.reto. tsar hldill '!" ho nol nemsmuily HOW to an) pltuyibiki!, issucs Ov., elogged toilet, It as faucet) insideTenaut unit ff UjWlard is requNd w make cepairs or irplacaneutts to the r(xWof the building, BVOtt" system' andfor any othcr portion ofthe Inoperty ('vhethu Temant leased Portion of oul.side Portion) by reasovi, of Tenaut's negligent acts or (.nni',,sions to iun, or if''Tenant tefbses or negk-ets, to reptsirproperty as required herewuh?,-r and to the reasonable san'J,,ktion of Landlord aj; snon as reasunabb, possible after wrillen dunand, Iindlord to ay, but 6 undei no o1bligation u), ria ake such r%:,pairs a&itlu.nd liability to'lewult for awy, hus or damage that nlay accrue io Runn's or other proj,rv or to Tenants bthsiness by reason thereof Upon cornplefion thereof-, I ejvint shiifl pay Liuyflours, imsts Wr inaking skuS vepaksl, plt,is TWENTY PERC1,N'r of swh costs, for overhead, upon prestnitation of a W Me& as UT&M rmt'L ARTICLE 16 IJENS Termntwifi not create. 1r �rujit to the vreateo or to rentain, andwM, thscharge, any lien (including, but "'not lirrifted to, t1he lierv; 4 fnechanies, laborcrss or inaterialmen R)r work vir inaterials allege,4 u') be done (W ftrnished in MW enculnhruriLe or other change, urxpri (fie Prete ises or afly mart tfiexvt,Yf and uptai'l"enauts leaschold interest dlereinacini perfivi-ned by or. Chwough Tenant, As assigme� and subtenants, If MW HMO A PW=d Upon 141C prt'-grlises' a:'ar the Ffuihjing or the Relail Areui as a resulo. of" any vv,-vrk dmi, or tnoubb AuWgwd kt on hebif of Tomm. ks" assignees and subtenwits, or as as result of any goo(hq or Services sold or, readered to Tumm, theNTenunt shall, withinoe;u k 10) (Lays cif; the irnposition, of the lien, cause said fien to be released of ivtxyrd atTemaw's sole expenita, 'I enaw. Shaft indefunit'v and forever Save har"lle.&s Landlord, its, ngents aud enipkyyees froin and against ;any unt.1 all habflifitas, hens, 6,iinvs. drrnwuis, daniages. expenscs, attorneys' ftes, cars s- sail s, proceedir,ijgs, alkms and eau ws of"ation ofarkv aft4i care rg� kind and nirturr,�arisfitg or gro%ing oast of, ear in any Way Connected with, avl'-y rvori" eta nc� or r1laterials turnished to, on, beluilf of Tenant, its sw,�Cvssors, as%igns and subtefuints, or as a rusiult of' any go(Kis or iervices scald of reridered to 1'ei:mnt, its assigius and sut)tenunts, in the Premises- or tba BudIng or the Rvail Area. Irk (,'usr Landtord shall be ryuide' a Imny a) any lifijlaljon cuintnenced against TenanL ks succcsmin, asstgnsand P.^ ubteraints. regarding sarne, fllex't. (.enant shall Protect and fortniret hold 1-andlordi its agents and erriployeei haimiless and Shall pay all ecssm expenses and rcusrmable attorneys' tees incurn:d or paid hLavgflovd in cot iwetion with, 'sTwl'i, I it yaton Furthe,r, and in tire event flial Lark9ord is scuing (or ray. malwing) AM or any 13,,art of the Retail Are,'i I -hilt includes the Prunises, Emd Tcnant's 'Xork has not becli txxnpletwi, W paid Jim. then Tenant &W deliver to 1. andloid., U'[KU1, 1'eqnest. ;gat le Rmnaw.1 content then in ose bthe (.-arvilord "S title, insurance coinparty) ittdennnifing.said litir, corn'pany An nmxhwgc Heft, etainis that rnight attin"11 to the Retait Area as a resutt (if Tenant's Woyk, Page 35 of 128 ARTICLE 17 DESTRUCTION OF PRf"AUSES Sixtion 17-1 Fire, Explasion or Other Casmilt,r In the eve,rat the damagetl by fl -re, explosi(,wil tm- anyother caaalty to an c.atent whicb is less than fifty pereinit (50"."o) of tile Cost. as f replacement of the lite, (hunage. tmcept as Is ol, herwise provided in this Article 17, sball promptly be repaired by Landlord at Landlord's expense, provided that. Landlord shall not be obligated to expend forsuch repair an amount it, vx,ess of the insurance. proct-eds reumvred as an Tvsuft oCsach (honage and that iii no event shail Landiord, be required to repair or rq)imce Tcnant's Work or beffertrimts, I'mant'S stock, in, tradc, fixtures, fitinitim",%, flwitiihingps, door coveriugs, equipmen,l. or plate gjass. In the event ofany such damagge and (,a) Lan Word is not required to rer,aaIrf as (blffie Pea n'1iwSsLtA11)edamagedtoll-wextent uf fiRY more ref the Cost of replamment- or (c") the Ret ail .Area, tire` Bullding or the Continon Aroa, are der aged to the Vxte.m. of VA elity-five fit rcerat or'n'iore Ofthe Cost ofteplacemcut, Lairditord tylay elect ciffita to rejxih or rebuild the Premises- the Building or the RetailAsea, (it to jerinintile t1jis J,ettse jipon giving notice of such election in writing io Temant r& ithin ninety (gill days after the occurrence ofthc cvtt causing the darnage; provided La,ndlord shall have no right to trrminate 04,is Lease In st'.ich, event unless Landlord terminates the leas"'es cyf all tAherteriants ifl tine. Retail Atea who are, similarly affecw,.d, 1,1'ttte casualty, reryairiii[g orrebuMing shaH r(--.mder the Premises timemantable, in whole or Ltj p,,gt, as pro raut shart, abatement ol Base Rent aud Addilionil Rent shali be aflou'ed"fl O'm the daw M -her] the thinjage occurTat mitil the date Landlord compleles its work, Said proporlitna tc'a be coniputtxi on the lbasis -of the relation which the gims stitrare lbot ama of Ofe space rtmdered untenanwbiv betirs to tree sqwrartµ jiK)tag3, 1 - :t of ilii prernisesas set, finth in Sectioi -l'i'lereof, In the e°,ent that Landlord is reqk1ired, or elects to rebtijid as provided for above, aad fails to cornplete same within. 365 days of the occurretwe of the eveut cauimg lbe dzrmiage�, then Tenant st's,11 have tf-to right t'o Imninate flus Lease upon, giving the Landlord at lmq thirty (30 daYs Wriftiell YO('06Ce OfsUch eiectk')m -which notice inust be gjxen tc) 1-wtdiord no eadier ftin 365 dayt, after trine o�"crlxrenue ofthe event mising I the damage and no Later dum 455 days after the oc%:kxrrtntce of the event causinj,!' the damage, If Laj,Oord fails, to such rebuilding before the expiratioricat 'said thirty (30) days, then this Lease Shall lcrauillate as of thirneth (,30th), da" mid ncitheT party shall have mly Obli(I'a'6011 to the, other heretimider, SLTflowi 17.2 Repair of Landlord's and Tenant's Work, Tbe provisions of Iftis, 17 with rc�,Wvt tcrepair lay Landlord shall tx- limited to sixh repair ,is is tiecess'aly to place !fw Premises in the candilion IkAt. exisled on the Posscssion DaW, and when platTd 41 such coodifion, the Pretnisc-s shail be deerric;J mstured and, reudered tevanlahic. Within ninety (,9()) days, thereafter, Tenmt% at T mint's expense, shai I WrorLc, re,place its stock in trade, fixtures', fizirture, fumshings', f lf"x)r covering's, mpaipawnt and phite glass, and, if Tenant has ck)sed, Tenant sball re,,,'>pen for busirg"5s with"M mxh nint-ty (90) (Lay period. SeCti(ra 17.3 DOUM182tiOn (if D-AnlagC If all or any part of the Prerrjis,esthe Retail Are,'L the Building or Comaton Area is destroyed, or dainaged as set fbilh in Settion 17. 1. an architect clesk �-y Laudlord shal I (kierm ine, the ext r%t of flie gitaw A ,v" c6s,truction or damage and prmide Landlord, Nxith as certific-ate attesting it.) the cot:idifinn ofthe Premises, OIC BUi1d.ini:,', Common Arta or die RerAll Area, as the case ttlay be ART ICLE 18 CONDEMNATION If the plemises shlafl, lxtakert by right: of embient dornain. jr) wflole or in paxifor pubfic ptirposes or should be Wd btu Landlord, under thc threat of the exercise of"such jx)-,A-L-r1 then this L/ ase„ at the option of Landloyd, shall lertninate and all Base Rent amid Addifional Rent shall be properly apportioned to the (hite M14, wf 2; ,�7jr U L Cd W i Page 36 of 128 of such utking. and the Landlord Shall receive the entme awafd fb-c thc lands and improveinents so taken, or the eatire, amount of any payment Made under the threvt of the exercise c4poweer of eminent domain, and Tcaumt shall have no claim t -.*;,,.)r the "'altic of 'my IN)r6c4t), of its leasehold CState %'I, tern-Jilated except arly claim to which Tenant is soMy, entitled notaffecting,Luidlord"s d1im'. If Landlord �Joes not terminate thiq Lease as p1m idef.4 Am C wW of diana subsiaritial part of tile Prcmises Shall I -A', taken, this Lca.y'. Shalt not iermirutte but, Landlord, at its sot e mpertse, shall promptly restore and revonstruct the provided stich and Yeeoristoiction, shall rnake tbe samc reasonably sictitabfe for th.e uses for which the Premises are [vased, but in m,,) even.1 shall Lauidlordlbc required to ex1mid ariy amount grcAtk.,,r,thaft the amount recelved by 1-andloid as conif.xiisatim for ffie 1,:*rfion of t*,- Prettiiscs taken lay dais, cmidemaer, Tenant's remaj, Obligations durill-gy the utwxpired jvrtion. ofthis Lease shall be adjusted pro fata t.o reflect the gross lea .weA r,,md mcupkxl afea retnaining in the pretvlws,, as of' dX: (hitc on wbich die coadef"nliiag author in 4ty takes title or No�,Wiwhstasufiag mything contained he to the coninary Lisidlai-Ss dtntmninatimi. any significant portkni of the Retail Area or Ific Building sball be taken by the rax m-cise, or under the threat of' the ewlcise of. tile power of` egninerat domaiii, Landlord may, by notice In, lx:rifing to Tenaradehverediml orbefime the day Ot thtqmbfic aud"kurity, temr,niate this Lease, and Base Reut shall1w, puid orrefiAndeA as of'the date of termination. ARTICLE 19 FORCE MAJEURE In the event that either Iyajiv kwrelo A"tall be delavc-AJ or hifulered tit cn pt-evented firom the perfi,nniance ofany, act required hereurif"Ier by reas�,mt of strikes, hwkouts, inabifity to procure materials, loss af Lit ifily Services, I estrictive governmentM Nvar, reason of as like naltire not the fault of the Inaty delayed in performingwork. fir dciingacts requiredUnder the teens ofthis I ruse therr Performance elf atly sUO"I act Shall he extendect tor a period equivaleat to the reriod of such delay, nice provisions of duds Article shaft not c1perate to excuwTenant IYoni, lbe prornpi fxiyrnem of Base Rent, AckJitionA Rent. or any o6ci charges undea dais Lease. ARI'ICI...,E 20 SUCCESSION TOLANDLORD'S INTEREST Section 20. 1 Altorriment I enant, shall twor"r) and be INvand, to any ofl andkm:fs succrssons'under A.,ffl the terms, covenams and Com.libons of this Lease kir the balance offt:t v;mnainino Terni. Section 20.2 Subm'-dination This lease shall tv suhjret and subordimate to 11-te liens of: ally almigages or any fien resulfing frorn any method of firtancing or fefinancing (hereiluifter collecfivelvref crred to as ",Mot -4, age"') m -),w or It reafter eximing against all orany part ofthr Retail Area oNvned fey® flier Landlord, aiml tat all renewals, modificaboris. replacements. consohdation's and extenstons there<,& Termt. shall execute and deliver ak docume4its requested by any such Security holder. provided smch tnortgageo ors'ecurilyholder agrees in Avriting A,iTh Tenant not tcu disturb 'I enam's 1xisiession while 'renam is mA in deflault hereuntler, The ftvegoing notwithstanding any Ynortgagee oi• heneficiary tam ay at as option sulvrdinate sure: iM.ortgage, trust., deed fr)r anther financing instruatent to fl:ois 1,4',ase, Def,,:kirafion (.4 Reciprocal Easvnem Ay,,,reeimt."nts: '1111"is may, in the irtitirer, lw, sub �e.ct and sub-ordin,ate w a decialatif"Yn of rezipmc,al easfement teclamfxm") and Te-,svft shalt exceme such irasftumvnl as Laniflord yt�toaests it) evide-ace, saich, subordinzo,011. Section M3 Estnppel Certificate /1, "), "; RF' " IS of 2"i Page 37 of 128 Within ten (10) days xfter request where for by either party, the faher paity shall emmute and defiver ti,') thf," 1-millesting, Pjarty a Nvriften ctrtification tating fluil dlis Lease is owfxtifiedand fli full lim,ce 'and effect (or if motlifie(6hat the 'Yaniv is in Wil f6rce arld effect as, Intldificd, aruj saafirig, the 1rhodificatir ns).. that there are no &femses or offsets thereto (or Stating thtise clairned by stich party), die dates to wfiich Ba .4.,w Real. and Additional Rent ha.-ve been paid, and such other mama's as swh parly shall reasonably request, AKI`Ik"LL 21 S1.1:RR,ENDER OF MEMISES Section 2 L I Surrender ofPremiwm At kit: expiration or caflier terminatim of ihis Lease (or Tenant's right of 17,lassession of the [-Irermscs). Tenant shall 'Skiffender the preynises to Landlord in brtlora cteanand in the sante coadififirk naq when tendered by 1andlord on the Vossession Date, misonable wear and tear excepted. Tenant Shall Promptly repair ally (huriage to tile Premise's eanwwd by ffie removal of any furniture, trade fixtutres or offier Personal prof"Ierty placedin the PTCause" anktTenuat's obligatiom. hereundershall stirvive the expiratiollt Or sooner termination of this Lease, Any wide, fixtures helonging to d"ke 1,01 -int bwatedat the Premises shmil uIxin the tennination of this Lease, he removed by Tellant at'fenanfs sxlk e',',;�pense., or be deemeti -&-andoned by Tenant and stich abandonv.Al proryeqy shall, befAxne Laridlord's propeny. Tenant shaH repaif or pay for the repair of` gray damwage done to the, Premises resulting fircim removing -'arne, ifwltujing paint.ing or redeconiting, the Prelmises, SQcfion, 21.2 Hold Over If Tenmv holds iover or occupies the Premises beyowid the'T"C111L 01"I"MInt'S rigilt the 1"refuises (it tv, in oVer olr ()C7C4jpigj(,�Y Wit. h()Ut J,jjjj(jjQftj'S %�'rj k.. g, awmed dw-rc miall N", no such holding 'tt m CMISeffl), Tenant shall pay Lmdlord f6j, each daY of such holding over a surn eilmil to I 5011,i, of the Base Rent prorated fim the imirnber of days ot such holdirig. ower. pfus, 15014, of all Atkillionail Rew which Tenant is reqttirtd, u-.) pay heretinder 11a,Kt this Lease betn't ill tffect. la wMition. themlo, Tenant shall IIS iiable to L.,andloid ior any and ail dainages mrhich 1-amitord simli strffer by reason thcrwf, and'I"emint wifl. imtlenuuf� Landlord agairs stall claims and demlinds auxk by any succ:eeding leywilts a,,Voi.,mst I andlord, fa.ra7arefrsef rip oll delay 1"YY Landlx)rd M. delivering pussession of the Premises lostich succeeding letumt. If TenaM h<,)kks over wilh or withow Larldford's vviiitem consent, 'Tenant shall ocvupy the Premises on as to mint:,y from moiath to month and all other terms and ploviswOrls of", this Llaseshall be appkable ko such, par rir-xf, ARTICLE 22 SIGNS, AIA"N UN G S, CANOPIES Teaanr will not place or permh on any extedor interior of exterior) or wall of..flic PITmises ally Sign, awywing, canopy, advertising I _ niatter, &-coration, lettering or other thing of any kind %,,hieh is not, first appmved by Larldh)rkL wlak1i approe al stwil not he unreasorrably withheld or delayed- In tlie event "renant iiistaffs arly signage in Violation afthe provislons of Article,22, the Landlord shaH have the fight to rernove the saine after pr ving Tenant live (5) days Inior written notice. Prior to ereefing same, Tenant s,aafl submit tsr Lamilord a,renlhtring ofTenatlt's proposed signage hick Landlord shall have the Tight to approve, which approvid shall not bt- unrewsonably withheld or tielayed- Sub , c iet to file cUm h onditi"e'reiri, Te int agn.'A"s U) a slorefront sign wittAn a fur (4) rvionths w:)f Lewie Stan date So as to Inaintain a [nofessional emironmeni and, prtnwnwfion of diesu'fject propeity, As flirre may lie insufficient qrace on the oxisfing Property pykni sign for all Ttmants. If requestmi by 'Fewint and approved by 1-andford (at Landlord's sole discrt-,6011 OD Sj)Pt0V,'.1i Md a Pylon sign maybe erc,cwd al. Ttrkanw experise, AIIXI I I, d NU A - Page 38 of 128 Any signs that. ["ciiant maintains and (11.1-Pla-vs inside the Prcmiscsto the exteat Safne are visiblc froln dic" a, to f.uf the Prcmiws, shall. Ire, professiorrally prvjyarcil. 'Num-khmandin;g, any M" the fim-c-ening. Tenant will not place or sufftr to be, place(.1 or nuiintained on x1v property (inciucling but not lirxutcxi to exterior avul!Or parking, lot)xm any cx1cr4)r (loor, wall or �k jrj4ow of tits, icwied prcmisesany sign., awning ar canopy, or adverfising matterer other thicig ofurty kind, and will not place or mainlain any deccmatiMi, Ictming 01' Vitt vert isi rtg mul"fer cm dic ghmss ofaxily wilu'lom" or tjoor of (fig., icused, premises �xithouk firma olbtaiuiag Landtords wrium appyoval mid, c-onsent ami the Consent awl approval, of the 1(val municipality cur" any oflwr govemmmial or adcrainistrative body. Tmaul fiwthu aecs to rrmir%lirt slwhsigrl';awniq t g, c"'moily, decoratic)(1. lettefing, advertising, uvvici or other thing a s may be approved, in gocxi condition mW repatr at. ak, times. Tcmarit sfudl not use carry advertising or other unextilt dal-)jectionabte V) Lilndfoftt suchas loud-speikcrs, phonograp hs. or radio of telvvision, broadcasts that c"au tv 1ward or seen outside the leased prtmiscs At, the expiration of the Least Term, Tena utt shal I rea.rove such sigm and repair at J enant's sote expesnwarty tLamage to the preamses or Building caused by the atuiclunent, use or removal ofsuc'h' sil,"n, Tenant atgrces to inoem'llfs, the 1-3 uflord Fit= any injury, cause ofiwfion, or clahn in any way f rhaing, to the artachillent, cusimig, ing, relro""d or ufw of Such Signs. ARTICI'LE 2..4 MISCELLXNEOUS Section 23A Partial I ovs,fidity It' any, term, covemuil ox comfifion cut` this Ixase vir the appilailiorl therex"�f tc* ally persolk or circunist"'Ince shall, to card's exteml, lie icivalid orurtenforceuble, the ienraindcroll flaiis Leam'..' orthe Application of such l'um'. cove'naut or c'midific'm to personsor circuln'stance other than thm". as to Whiell it is he'l(I invali(f or urieviforceable, shall not be affectect themby, and ew.,h. terin, covenant or ocsodition of this Lcase shall be vaW and iw unfin-ced to, tile fUllest exteul pennittt'A by law, Section. 212 Surcessors a ad Assigas LxCept as W.Im"Wi"L provided hercin, this Lc�-use shall he bivu..'fing, upoia. and inure to the benefit of the parries herk'.k) and their respective heirs, persom"I representatives, exccatms, successors arid Section 23.3 Waiver 'J"he WaWer by Landlord of any bre-ach Of arly term, cove rumt or condition hercin coutairted shall 'aot lie tieed to Ix as waiver of such tem, cxwcnairl or conct otian or ally Subsequero breach of the Same. or any other term, coveriant cir con(fifion hercin contamex1. The subseqiunit acceptimce of Base Rent or Additional Runt btTeunder by Landioni shall riot be decired to be a irvaiver ofany prece(fing bteach by Tentint of any term. covenant or i-xv.Wifioa ofthis Ltasc regardless of Lam.1.lords knowled ge efsuch preceding brearb at the Nine of acceputrice ol'such Base Rent tar Addifiotuil ,eac. No cmenam, terru or condition oftliis Lease shall be deerned to trave been waiver.3 by Landjord� uniess such waiver he M Wr I Amig by J...arOml Setfion 23A No Partnership Lamilord tioes not, in uiy- uny or for any Mtrpusc becorne a partr er. cnt pkwyer, pripa,ipal. rnaster, agent tap" jo hit veljturea of or with I'matit 4 section 13.5 i"ime is oi-nip Essence Thne is, of the mience, ofthis Lease, Section 21.6 Broker's, (',onsmissiton Tenant and LaMiurd warrant each m the other that it has had no dvahlig.swilh any bn*er or agent itl ctmm-dif"In widw this Lease exceptus desilpialexi in Stc-fivm I . 13, mul cach pany coveruirvts to pay., hoki harmil"s and iaadenmify the other ilow, and agiinst sH costs expense, or liability for any 'I'm V7 I.Andiurd, Page 39 of 128 c,ommissions and charges claitned by any broker or agent with respect to this Lease or the negotizOioa thercof" Section 23.7 Entire Agreement 'This, Lease, and the Exhibit's attacluxt herv.10 aud forming an. part hercof sct fords all die, covellants, promises, agreernents, conditions and bctwexa Lzutdiord nn id 'renwit cancernilig tile 11'rerni,s,es anif theic are no coveriants-, promisl-SConditiOns tar understanding,, either ond or written, bct%,vux)) lfiem a,.Ater than as arc 1wrein W1 ford - Nu StAxse"quel"11 akermion, C1'1'WTvgC or addition to this I - ease shall be binding upon Landford orTecant unicss reduced. to nxa-fting and signed by them, Section 23.8 Applicable Law The validity, perfbintance and erAbroernenat of rials Je-use sluffl, tw g ,;overncd by the, taws of Illinois. Scv,fiun 23.9 Notices Whenever umler this Lease faro v ision is made fi.).7 any dams aad, nofiett or Aeclaratium of any kind. orwhere. it is deemed desirable. or necvssary by ehher 1writy t() gixe or serve any suet notice, devviand or dti..hxrvtfion to 1he other party, it skull be in writflig ivid ;ent by cmfified maA, relurn postage prep'lid, V.) the luldress mat fi.n-lh ill S'ex"'64m 1.10 hereot" ur TO, such odier add.ress -as pleviously provided by to party to the other 1.')Y pl-c'fPCI. notice hereundrn The day afier the certifiel'i [Mlil is d(:J)osited with The ljiliteA States, Post�'d 'Srrvice shall be the (late o1awhich auv fwfice be de'L"Wiled. given, S"t!OU23.10 The subfni'.'Skqt of thk Lease fi)r exarydrulfion din sign'lature does s'te'al Colkslihi(e a 3" sen"at'1011 c4ou option Rx the Prernises'and this L,ease sh-all becarne cff'6vilve ns as lease (Ynlv upon full exec utlon thervofhy both Landlord and TenafiL and the alcaluvern of stinte, lx.w each. attlnaar. S,erflonD.11 AccordandSatisfy ction Landlov.1 is entitled to accerq' receive, and cn�'qfi Or drposit awy payfrient made by Tenant for any reason oy, fxorpose or in, any ainount %vtuaysoever' and Apply the saRneat Landlord's c)p6.x-j to any obhgation affenant and the same slaafl T101: Constitute PsYmet-a of any an.munt cwwrd except 11-4at ta'i which Landlord has applied ffir same. No, tm-dorsenvent or statement all al)Vr check or Icuer of Tenwit shall be deemed an accord and Satisfiv dort or otherwise re.cog piized f4r may pinpose whatsoever. The acceptance of any such c,fteck or paymeni shall be without pre udioe tea Landlord's right to recover any and all arnowas owed by 1. "enam ho'candersarin 1-andhK(A fight to pursue any, tAher avaihible rernedy, Section, 23.12 CorporateTenant If Tenant is a trite frt a isits exerzfirjf.._m tbis Lx�xwonhelvif 'A""I'enant facie t"V' covellarvf, represent and wanant thai Tenant its duiy lncorpix�,'%(ed or duly quafified of ti.veigjl) corparation and is authorize -d, to do business in the State of Minuis, and diat the person ex)ecuting this Lease on behalf c.')f Tenant is an officer al -such and is (MY awhorized to sign and exectar, this Lcase StcfionD.13 Waiverof" fits lrigl Thtt parties herelo "Shall antl they here.by do vvitive trial byt7l jury in ','rwy aefion, Proceeding or t , 'ounterclain't brutight bil,eWierc-ff tl-iepartles hcretoagainst the odjer(.'Yn any vrialters fl'af or in any w'Vay Connee C'M11111el"Wes "Illy proccedings fin nt,wpavrnent of an -v rent, 'henam ilii ra)�. intelpose any counterAliull Of vvhatever rialure tv descriptionin avy mxh proceedings, This sh:,M not, hovvever, be 4.-.onstrued as a waiver of file Tenan(s right #A.) assert Stich claiins ill ally separate action or actions brought bN the'feyriam, ,koiou 23.14 Default Rate wo'w' t"oij Page 40 of 128 The "Default 'Rate"' as used herein, shall mean five O'NO pemenuunivally ht excess of the -Prima Raw" pablishod in the NVall StreelJournaL Sedlou 23.15 No Presumption Against Drafter Lamdlord mid I errant. mulerstanti, agrcxa aml acknom it.dge ihat U) this Lease Iras been freely fiegotiated b)(both Imnies; and (i'O inany contiovets), dispute orcontest over the Ineaning, ilael-preutiork, validity or enfincemail ity of titin Lease c)r any of its terms or cuniditiolis, there. shall be no interfe-rclice., lnt°estttaaTnvaving draftcl thi-S tion or conciusiom drawn eitherpmiy by irtm of that party k Lease 01 an u, tb�s Lease with hiy'he.r own aitomey and y I-xirlion therknuf Tenant has had the ability to revw, Ls filfiv Satisfied with its terryls, Section 2110, Rzierved Arms Lan"d1otil reserve es all, to use (or grald 01"It"r Parties tile At& tf.) lase) aod'femult Ardtl have no right, title 06' interesc in, (J) 1he e,"Onor non'-storeftolit portions of the Premises, (ii) air rights above tile Building and rights to the land ami irnprovemems below 1he fh)oj level of the Pretnises, and (iii) meas ,%,idiin the Preinises necessary for utilifies, scrvircs-, safety and tipmaimi of the Buil(fing that will nur materially lnterl,re with, 'T"exittat's use Of the Premises. Section23.17 Costsand'Fttes Tenant she ill p.,ay upon dcalaral all Landlord's cmsts, charges and expense& inchWiing fees of atturneys, ageols and other's retained by Umdlvrd., incurred in, enforcing ariy cW 1he obiigaiigons ofTelunt m-ider this leasr, or i -n utly fillgation. nef Ofiation or tramsacticm in which l-andlord shafl, withoui LaTufflord's -t'rruft, becc)uw involv ul throug),l or ort account saf dais le ase - Section 23A8 Parking I andlortl shall designate specific parking areats) for Temint and Tenant any'rermat agent shall not ir, affou"ed to lWaNe any vehicle(s) Overnight unles upproved 111 wrifing by Landk)rd, at Landlouf'-,, sole disrre6cm, ARTICLE 24 ENVIRONNIENTAL MAIIERS Temult sitalt not use or Permit tile ease Of the Premises or 3,11Y polum of the Rfutail Arm for any acfivilies involving, directly or indirectly, the Use. generafitin, trcatmcnt., stc'mage, ordisposal of arly hazaldous of tuxic uhmiad. Imirrial., substance or waste, firnitation, (I) asbvstos in any fryrrn, (2) urea lbrmaidehyde iioaatta i [ISLA W601V, (1) frurlsfbrmers or otherequipment which confain diekxAric fluid contair6mg I)Wychloninatod 1nyphen.vls- i4 arly o1her hazardotts ox, jaxic Ommical, rnarefiat, mibsuance or waste, exposure to which is prohibiteaf. fimited or regulateAJ by any Federal, State, County, Regimud OY Local authority (all being herebtafter referred to collectively as "l-lazardous Substances"), During th term (itthis Leaw Landlord, shall hax,e the oration fore(ain a Canstliblit wilt) will umduo an investi gatiork of the RtAail Area to verify that, m franks 4.4 the Retail Area (including the Premises) is britip used fbr arly activities i"nVolVing, WTCaCfl)` Or indirectly. the u, , generatiom treatillent, su.,mige or disposal of mriy Ha7ardousSubstam..-e, "I'mant 1wreby grants to, Lmidlord, its agems., employees, ci:msultants aixi contmuturs the right to eater upon the Prcmi�ws and to perfimn sw�h fests, oil the Pre)-nisin as ave re,asotuibly iiecmsury to cotultict any such investigation. Teriani utwenants to Uindlord that the, Premises shall nol at any time pricn, or subsequent lo the Connnencerrient Date. be used by'Fen-am, anysubterjaul or any other pexsm of' entity, claimingby, through Or Mader I enant., for any activities im,okl4ig, d1roctly or iudirectfy,lhe gemeration, treatuienf, siornge or disposal of any Hayardous Substance, 14 t,4 '15 om Page 41 of 128 Tenant agyrees to indemnify., defcad, and forever hold Landlord harmless froin and agai"'St wly daints, losses, (lamap ,es. acfitmm, Canses of acfiwl, suit. and ji.Idgnvats of any rraturc wholsoeter. 1m:htding! avldwttt 4milation, reasok"ible mtofneysfccs anxi costs ofli-fi!,,yfion, itiewured by Lawflord ill corinection vi, ith atly biro ich (..)ftfic provi I sions cuntaineJ in this, AxIfiele, 'File ffiregoing irldernnity, shall survive the exprafiwi or earher terminati of Oik Lease. ARTICLE 25 AMERICANS WITH DISABILITI ES M."'T The parties hereto acknovviedge ttt,;at the Americans With fsabifi%tijes Act of V1990 t42 US -C §12101 etxeq)axld regulations am,'f gmi(1111ineasalid thesaine may be amentled or stipj'Aiiii fiom tifirz ttz) ti,mc refiared to as -ADA") estahlish requircments f6r busifless operations, accessibility and Nkffiel' remloval, and dw such requirernents may tv iwiy trot apply to (fie Premises imid the Remil Aretia depending on, among other thin gsl- (a) whether Tenam's buskiess is detuved as "public accommodatiini" w. "Cornmercia-1 iia cilitv ". (1)) whethes such rqi6rcalents am "readdy achievable".. and (c ' ) whethex a given altera6ori affects a -prim ary funcitionarea" or triggrers "pwb of travitd,- rcquircineftSIL 'F'fjC panies hereb"y agrix thav 0t Landlord shall be, res'ponsible fbrADATifle III compliance ill the (-,onluuan Arezis. except as jnovided bekv%v(ii) Tenant shall Iv. for ADA, Title Ill compharux il."I tile Premises, hwhiding, any lesaseK)hi improvements or other wwk to be perfim-med 113 the Premise,a, bvT'mu1r1t under or in Collnectionwith this Lease, anti (61) Landlord may rwrfimin, or rt�quire flfiat J,enaw, Iyeriorffl, Afid TCM.Ult Mvdi be rest misiblefilir the cost of., ADA 1)flrr M "Pad'i of travel" trig.j,!,tn,,ed by afterations ui the Prtrnises lay 1'enant"Temaril Shall he sold� resportsiblAw 1-orrequirimilents amler "Fide I of the ADA relating to"tam uta 's SIGiV4 71,,'RE d"bta P, B8 a TO T`(')LLO t V 10 Page 42 of 128 IN WITNESS WHEREOF`, the parties have subscribed their respective signatures ill exectl6oll hemof, on the day and year written, 11ROSPIXT VLAZA � u AIllinois, lilnitcd liabil-ily, compally By: 1'1?6�ikll''PLAZA LLC Its, managirtg amnivr, ANNA. ALEXANDERand AVA ALEXAND13'R individulths BY: Narnc,:r is Alexander B,�,,�� Avcz - — -- -------- Name: Avt Alexam, er GUARANTORS: ANNA ALEXANDER an indi'VidUAl .........N . .. aule: Anna Alexander AVA ALEXANDER art individtial Aj Dy� 41LI Name: Ava, Alexander 21 of 2-5 ar I W14 uA� Lml,v "'I hm go, Page 43 of 128 EXHIBIT 'A' R1,11SAND REGULATION'S All loading aud unioadinj"; of gotX6- shall be, done only at, such lirnn atrial in the areas atid entmnces. as Ynay lie Mgnawd tin swh pwposw tj UmNud, (2) 'The dehver� tw d9mog Of rs.�rchandiw supplies and fixtures to wnd frorn, tho, Preniises shafl lvsu,1ajccl to such ruics and Trgulations aus in theJudgawnt of dic InwUmd wr umenmy, 1R)r the Inuper operation of the Picrnisr and Retnil Area. (3) Adf garbagc, and ref -rise �hall time, kept in, I& kind oftuatzWer as nmy 1w speMl ly faindlord and shall be phwod outside of the Preati%,,,s prepared tbr, collection hi the nvinner arid. at the tirries aj:W places specified by Lai.,tdlorti If Landlord %halt pno6dc or designate a sexvice for pickijig tip refuse and gnrliage. Team shall use same altTenant's Cost-Tvalaw Shall pray the cost ofrernovid c4'any ca�rTewwift reilase or ri.Ahbish, (4) No radioor MAK'n or other sirnilar dn*e MmH be insuilled on flake roufw the exterior of the bmHdhg %Mna Hist ubtai.ninjg, in each histance die Landlord's consent in wrifing, No aerial studi be crecied an We nwf w emed,w WIM (w6e pmmves, or owl, tile grounds, withou'r, 6) eac4l instawice, the written consezii of dw 1-andloid, (5) No U&IwaWs, Ldevisitna, radki& ta oher deviqcs shall 11,w usix.1 in as rrvinner to tic, heard or seen ww% Mhe Prrrnises,,without to prior wrWen conwnt of A LAMM, (6) The'Vemant sball keep f1w Pretnises at a terns vratern �,,-, sufficiciffly higfi to preveut filwAng of vvater in pipes and fixtures. (7) The autside areas innnediitel.,�' afewbg Rw pwmkqz�s, shall be kept clean and free frorn snow, :are:, dirtand nA*ish by d?& 71'enant to file its isfitetion auf the Lafuilord -astral 'D:aant sharp not place or Permit awy obstruclions or itl such area's, (8) The Tenant and his enqAqws sAll pad, ttieir cars a,)niy in thuse p,x)rtio,r6 uf the parking area tis rruty be, deli grtata d fiv Oita purpose by tht Lartiflov.1, (9) "Me phrn�ibing facifities ahafl not, be, used for any offier purp(vw, than th..,tt ibr, whidi they are amMnww& amd mi fa iv.,,ign substance ofany kind sboll be throwlu therein, and 11w expeyfsa, (.,),t' any bre-akage. stoppage cm da111tq,-!e resulting front a violzbon of this provision sf-tah be barmy any I enard. (J ll) The Amm; OM aze at lawnVs cost such pen ewnu%dea eontmcun,, as Lundlord may direct, and a mmh Mnmls as may find viecessat), far the ovemil prowtion of the Retail Area - (11) 11-w'rewnt shall not btirn any misb or gam xage ofany kind inor about the Premises (..,)r Mad Area. (12) N,0 hicycles or A= veMcles and no -anirnals shall be, a0ovvetl on, 1he Preniiseswithtwt wrilien Conwa Of" class L,Mldford. (0) The LariditacL 19s agents and Adqwmiew cwtuammirrs shall have flw dgfit ro enter ti v Prenlises at all reasonable firnes to exaxniae, cztdbh or rmpair saute. 'The landford rnay place and keep cm the windows and di:x-ws ofsaid Preinises as "For Lease" no&e wAMn dw Nd 90 d"s. pOr to (lie expiration ol"Mis leaw or Merwhse, by reason of any prior fe�rniinafiwi herein, 22 M5 �Lli/l Page 44 of 128 f:S4) 1%) article deernell extra hazIrd(jj$s accutilit of f1re (,it cxplusion shall be brought or kk*pt on the Premises. (f 5) No aINvt1ijigs shall tic crecti:d ort the PreffliseS, M)" shall anyauctifm Iw uflOwCcl 4.111 tile tile Wl"iUM o,(,)jjsojjt of the Landkm-d- 16 No stuirch Iijjit. flashing ligbis Shall he imitallit(I ixhich nuix tie licard or Sew outsidc the c Premis�s tu" it) tile Ketail Area without tile u'littef' c0vI-sCtwt ()"11 s (1 7) The LanCS dlord t0se'Nthe right ru"I'l Tim to time taiarnend of suppleiriew tile rotegoirle, rules, and -and to adopt additumal rules and rvj dationsapplicaMe to tile Prcmi',ws alld Retail Arvui,. Notice of such 'and supplCments thee, :to, if any, Shall [w givert ul the '"k -mint, (f ,f 'renant agrees to comiliv with ull sueh addiliumt) rules and regulatiosis upon nofii�e to I'en"IIA firom Landlord. ANPO,.ALEXANDERand A VA ALEXANDER individuals By Name- Amia Alexander BY' Name. rev a Alex,,vtder Page 45 of 128 LEASE GUARANTY f'M IS LEAS1-1'.1GUARANNTY t'-Ouaranty'-) is modeandenteredinto this I" cki.,v of NoNenntwr20237 by Name: ANNA ALEXANDER it"d AVAA1,FXANDER PLAZA I,X,.,C C'LcssoC'). WHE"RLAS, concurtently with the mccution of tis 1 -case Guuramv� Lcs.%yr and Name: AN,"N,A ALEXANDER an4 AVA ALEXANDER, imirvidwis ("Tesseca") havc executcd that ecrutir, Icasz agmeMML fc)r 7 [ 8 E, Nonhwest Hwy, Momt Praspcct, IL (the "Lca%w,"); and WHEIRF,.AS, Gwarantors have a finmicial interesi ir"I'mant, and shall dcri% e, a material econormic benefit from the Lease.. NOW 'FffF REFORE, in considerati(m of, and as an inducement fiv the execution ofisaid Lease by Landlord, at,id, for cither gwxi and 4hiable wnsideraficm, the reccipt, adejwwcy andsufficiency fafwhich is heteby acknowleo,ccl, is coverwnted and agrecdas f'olltwits: Guannitom, do ficreby absolutely mul unccmvdammdl'y guarantm to Landloa iv, sLiccessom, assigns and, tv neficiaries, (withcmt the ric"Cessity ofany suit cm prix tedingns on the Landloars pail, of any kind ar nature whatsoever al"'a inst the, Immit, i assigri.s. and w ithout tf ic wcmiity of w;�notice, to G uw,an which notice C.Alaramors herthy expressiY Waive) (fie fiall and prompt paynwva, wtwn thie, of all rents anct offier Sums coming chileptirsuaw lx),said Uasc anal the full 31-111, tinicly pef fhrrmance, arwi observanc4 orfall covenants, terms, cornfifion andagrecrirats proviJed in, the Lease to 1.)c fxxiormcdand (9)s�rved by Temml. The Gwarantors hcrci)y coverjantmadap U pec dmit'%'fadtfautt shall atan� t' 'ike during [fie Temi be made pursmaxit to said I - ease, dw (immuitors wilfhorthwift, pay, swAi rent ar other sumni—mi chargcs to Laridlord,-, and (21) finiMilly perforal alki ruffill allsuch terms, covenants, aindifi.ans ang'.1 agrccments-, and (3) 1,,,my the Landlord all danragcs, that may aris"c in Comicuion %'ith any defilult ptirsuant to Said Lcasc, iuchiding, withow lirmitation, all wasonable ateys' fices incurred by Landlord or caused Iay any, sucli defimhandW tfic-, vriforcement of this G.wra,incy. It is sl-wrifically arfd ,tgxced thif t1w, Landfard may, firom firm" to ti' me, wiflux'A" xwoce to Ow (Juarautors: {a) after, cflangea 1't�jjew car extetid'said L".se oran (,-Pr y of the liabilitie., (1),) relvase., waive or ci.-winpromise any lwhifiqv of the Tenant of any other pavy whose habifity elmnates fix an'the "relatiomship I'vtween Umd1oul and Tenant and dw provisiorm-, of Lease; or (C) colistmt to ally assignment of the I.Amse t'.1yTenant or its successon.; orassigns, No such 'Ilqlficyn iv failure m ac -t by Landlord shall afl ct the, Guanintors' liability hervundt-x im any fmLknner wbatsoeven Ane ammom received by Landlord and, applied by it lowaM the pavmenl of the liabilifie's arising out ofsaid Lease shal I be api &A i n such ortici ofapVficaAk m as dw Landlord nxfy, in its sole discre"tio; 1., fiorn, fif� n..e to 611rie, tfloct, Page 46 of 128 "tip, vabdit ' v of Ibis Guaranty and the (3LUUMAOrS' ObligatiOnS fivrcunder shall nor be terrninated, effIxuxi, diminis,hed or impired icy rm, �4,:)n ofany actiOn which Larullord rrukv take or fail to take against T.nutit, or by c� reason ofanv vvf).iwrof orffidurk.t to enforcv-, any afthc rights ear rermulics n:scrvedto Uadk)rd in said I asew or by rcasOn of lmnkruptcy or insc)lvency by'Tenant. All of Loadfurtis rights wid remedles wuk-r said Lc-asc car undef tfic (k"Ifunly are inlendul to be dstiwct, separate and, currulafivc luld no such nghts arki rernedy thercin or hercin mentionod is intended to be, an exclusion of, of a waiver (Yf, ww of file (Aller 61,10S rclncdics. Guarantors hewby apvc that - (i) wx enforcv, or accept ally 1,41yinclits oil ally claims thal 5uch Gual-amors may haw, ajpitrit OICI cuant up(A all Oblibl"atiolls, covetuml-,-condificws �,,wd provislOns under the Lcuse Shall luve iven petfwme(] ILI full; and 10 a the Gualantors Will ex and, dcbvt�r to the Undi(nd sud i-Kiditional imstrumews or ap ��, vcvnctwas die Landlord ulay request to carry out the pruvisions 4,111is Guaranty; and (iii) the Gtwanlors witl pmVide to the, Landlord from thne to tint r, upim Undlord's reque—st, rep 'n -two. Of the Guarantors' financial ctnidition. Quirantors hereby warrant and reprewnt, thmi Guanantom i% sufficiently knowledgeable tind experierwed, till tinancial and husiness rywacts U) evaltuite and understand thesislio, assurned in connection with the executi(m of this, O.juranty.. This is as conthivaig Gwraranivand shait not he rev oke by clLnnh, Jisiolution, merger, bunkruptcy or insolvcnc� of the Guarantors, uiiss Guaraury, shall irium W tile benefit of the Laixikmf, its'sAwcessors aiul assips. and shall be binding on the heirs. aidministrators, le, gal rern't-AnwiliNes, Successors and &ssipi% ofthe Guarantors- The obligatious of This Gwranty shal I 1v governed bythe laws of tilt State of 11firlois, rN, %,v'rrNE'SS AIIEREOF. the undersip g led Glutrantor's have execured this Guaranty the day anid year first t1buve wn ven, Amom �'/� '? 4 Name", Name: Addrcss: Address: Date-, 11/e? 1cww lnno�'A Lam4,,rA as o J�,, Page 47 of 128 MoNjI&OMOSfWA :IWILSMA 1W*Jq=VfJA *TjJII*k4 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; Comment: Shiatsu massage improves public health and general welfare by improving mental and physical functioning. And this leads to improved comfort within ones' self and safety for individuals at risk of injury, such as elderly individuals at risk of falls_ Furthermore, a ripple effect of this self care is improved care for others (i.e., improved morals). 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; Comment: Shiatsu massage is performed privately with soft relaxing music that can't be heard from outside the walls of the property. And at Enlightenment Massage, shiatsu massage will be performed in a pristine environment with calming and beautiful decor, and thus Enlightenment Massage would only be a plus to property values within the neighborhood. 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; Comment: Enlightenment Massage will complement and expand Mount Prospect's health and service industries by providing a specialty massage service (shiatsu) that utilizes both knowledge of Western and Chinese medicine. Page 48 of 128 4) That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; Comment: Clients of Enlightenment Massage will have access to Prospect Plaza's parking lot. And only one client at a time will be receiving service from Enlightenment Massage, and so, clients will not congest the parking spaces or roads of the surrounding area. 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; Comment: Prospect Plaza's parking lot, which will serve Enlightenment Massage, has multiple ingress/egress points. And since only one client at a time will be receiving service from Enlightenment Massage, clients of Enlightenment Massage will have no noticeable effect on these ingress/egress points. 6) That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; Comment: Enlightenment Massage will directly support the objective of Principle 4 of the Comprehensive Plan for the Village, "Ensure that public health needs are recognized and addressed through equitable access to care, services, recreation, and healthy foods." Furthermore, Principle 4's objective of building "A community that improves the health, safety and welfare of its residents," supports the Comprehensive Plan other 5 Principles as health within creates health throughout. Page 49 of 128 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. Comment: Enlightenment Massage's mission is to support the health of this community, and so it hopes to integrate itself into the regulations of the district with complete harmony. Name: A Signature: Date: ////-7/Z-7 Page 50 of 128 PR PER,"Y ADDRESS: 718 E NORTHWEST HGWY, MOUNT PROSPECT, IL 60056 LOT 29, 30, 31, 32, 33 AND LOT 34 IN BLOCK 22 IN THE RESUBDIVISION OF LOT 7 IN BLOCK 21 LOTS 12 TO 19 BOTH INCLUSIVE IN BLOCK 22 AN LOTS 12 AND 13 IN BLOCK 23 IN BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT IN THE EAST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS Page 51 of 128 a�z tAI 0 � n r r� y r UJ w W cr x: t (,D cxl r— Z I i o , m - m H J H , N J II W cu 0 Q] m > UA Cl ¢ 5 c z N V Ott �Q ��Yt rm: 0 r� a ca s � viaa J o ,pr.,in Iii U5 a 6.:7 W ... Z a �m r:',t W H C,5 (J `y (N U> w I. ��' /pCIH A" I 7. � Ill "W� d CtCr U VY rvW Rpry fi 1 6 1 ty ° „m„I. F -r 1.3CL v Sl 0 r r rn ei At,", ,... !dd 5 v .- w , CJ ) CW SII '�u L Aw I �M ,F nVW g yJ Q5 [ra T J J u.i:" t�74q Wxmuw , CYuO ` "` dye.. „ •,,,,, e u u> z IC"4Wm K� W �� x3m rn ( w+n M x wpx 15 11 r, all v ,lv a a 7 tll r r S .1.r-q:LS SII27 ' (M"021,09) J uv t h' I1 a ' �W I �...______w.w_�w�,..._.;:........::......w._._.M..._._.�.w.v_.,.._ .W_____w__w.w._,....,,._....... ww. ...,,� ..........,,....._ _ .... .........._....�vwv_..�w�...._.....�......w�, .___ .. � ._..w. Page 52 of 128 Enlightenment Massage - Floor Plan FLOOR PLAN DESCRIPTION - Through the entrance, in the front 3rd of the unit, is the reception area. - Along the front window, in the reception area, is a bench for clients. - Across the far corners from the entrance, in the reception area, is a desk and ergonomic stool for the massage therapist to use for scheduling and transaction purposes, and a Buddha statue behind the desk in the near corner of the unit. - Dividing the reception area from the rest of the unit is a Japanese style divider, with a cherry blossom across it. - In the middle 3rd of the unit, is the work area. - Across the near wall of the work area is a window, dresser for clean sheets, and a hamper for sheets to be washed. At the center of the work area is a queen size floor mattress Behind the queen size floor mattress is a mural (image of in progress mural attached in separate file). - Across the near wall, in the back 3rd of the unit, is a mini -fridge and artificial cherry blossom. Across the far wall, in the back 3rd of the unit, is a storage cabinet for cleaning supplies. At the distant corner, in the back 3rd of the unit, is a bathroom separated by 2 walls and a door. - In the bathroom, is a toilet, sink, waste bin, hand soap dispenser, and paper towel dispenser. Page 53 of 128 A c m a `o 0 LL 00 N r O Lf ) LO N (Q a_ 00 N r O CO LO N (Q a_ Enlightenment Massage - Signage SIGNAGE DESCRIPTION - The front window decal is clear and 36" W x 48" H (see attached) - The side window decal is clear, 48" W x 36" H, and split between the split window (see attached) - The front door hours decal is clear and 18" W x 24" H (see attached) - "Enlightenment Massage" will put on the awning in the same simple style of Enlightenment Massage's next door neighbor (Van Driel) and performed by same printer (Rafael Plazola). Page 57 of 128 Enlightenment Massage - Signage Wussagc�7! Enlightenment Massage - Signage Page 59 of 128 Enlightenment Massage - Signage Page 60 of 128 TENANT LIST OF PROSPECT PLAZA WITH SQ FOOTAGE 710 Puff Bros 712-714 Pueblo Viejo 716 Maureen Meersman 718A & 720 Van Driel Medical sq ft 718B Anna Alexander Prospect Plaza 795 sq ft 1,590 sq ft 1,000 sq ft 2,440 420 sq ft 6,245 sq ft Page 61 of 128 BUSINESS NARRATIVE - The commencement for Enlightenment Massage is 2/1/23. - The hours will be Thursday through Tuesday 9 AM to 9 PM. - Wednesday the business will be closed. The day the business will be closed will switch to Tuesday beginning in April and Sunday beginning in June, in accordance with my continuing speciality education in shiatsu at Zen Shiatsu in Evanston. I will be the only employee at Enlightenment Massage. I will see one client at a time. - When I am seeing a client, the entrance door will remain unlocked and accessible, and the windows will remain unobstructed. A sign will be hung on the front door with a clock on it, informing patrons that I'm currently seeing a client and what time I will be available again. - When I am not seeing a client, walk-in appointments will be welcomed. - Appointments are 90 minutes long; however, 120 minutes will be reserved for each appointment to reserve time for intake and ongoing client forms, rescheduling and payment transactions, clean up and the laying down of new sheets, and to give the client time to settle, provide feedback, and sip some water. Shiatsu sessions will be performed on a queen size floor mattress behind a Japanese style divider (see floor plan). As far as previous experience relevant to being a massage therapist, before I began training to become a massage therapist, I'd just finished my education and internship to become an occupational therapist. However, I found the limitations set up by insurance companies to be disheartening. And so, I decided to use the mindfulness skills I'd developed from practicing Tai Chi and meditation for over 5 years to create my own shiatsu practice, with the commitment of helping people transcend the limitations of their injuries and lifestyle, and harmonize with their bodies, thus liberating their minds and allowing them to manifest their dreams. Page 62 of 128 - As far as previous experience relevant to being a business owner, my mom is the co owner of Enlightenment Massage, and she has owned and operated her own business, Westgate Barbers, in Oak Park, Illinois for over 18 years, and has mentored me over that period in developing the skills and discipline needed to own and operate my own business. Page 63 of 128 LICENSE NO. 227.023377 'iVllllk � SIV � ill 'I 111 'ill" j. t f Department of Financial and Professional Regulation Division of Professional Regulation The person, firm, or corporation whose name appears on this certificate has complied with the provisions of the Illinois Statutes and/or rules and regulations and is hereby authorized to engage in the activity as indicated below: LICENSED MASSAGE THERAPIST ANNA ALEXANDER 2925 N 77TH AVE ELMWOOD PARK, IL 60707-1108 EXPIRES: 12/31/2024 For future reference, IDFPR is now providing each person/business a unique identification number, 'Access ID', which may be used in lieu of a social security number, date of birth or FEIN number when contacting the IDFPR. Your Access ID is: 3545976 _._...._._ _._._..___._....�,,._..,. ................. Department of ...... .................... .......,. .�m, LICENSE NO. Financial and Professional Regulation 227.023377 Division of Professional Regulation p p LICENSED MASSAGE THERAPIST a t ANNA ALEXANDER EXPIRES: 12/31/2024 MARIO TRETO,, JR. CAMILE LINDSAY SECRETARY ACTING DIRECTOR The official status of this license can be verified at IDFPR.illinois.gov M A 9 e Cult on Dotted Lime Cut on Dotted Page 64 of 128 MARIO TRETO, JR. � , , ��iM CAMILE LINDSAY SECRETARY / `` ACTING DIRECTOR The official status of this license can be verified at IDFPR.illinois. ov rummuwwwcewrwrom uwwaaarrcammiiw mmu imompiwo"N For future reference, IDFPR is now providing each person/business a unique identification number, 'Access ID', which may be used in lieu of a social security number, date of birth or FEIN number when contacting the IDFPR. Your Access ID is: 3545976 _._...._._ _._._..___._....�,,._..,. ................. Department of ...... .................... .......,. .�m, LICENSE NO. Financial and Professional Regulation 227.023377 Division of Professional Regulation p p LICENSED MASSAGE THERAPIST a t ANNA ALEXANDER EXPIRES: 12/31/2024 MARIO TRETO,, JR. CAMILE LINDSAY SECRETARY ACTING DIRECTOR The official status of this license can be verified at IDFPR.illinois.gov M A 9 e Cult on Dotted Lime Cut on Dotted Page 64 of 128 Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page PZ -22-23 / 2400 E. Oakton Street / CU: Contractor's Storage Yard / Village Board Final January 25, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT PLANNING AND ZONING COMMISSION NEW BUSINESS Action Item The Petitioner, Mark DiMeo of DiMeo Brothers Inc., is requesting conditional use approval to construct a contractor's storage yard at 2400 E. Oakton Street, also known as the Subject Property. The Village Zoning Code designates the Subject Property as I-1 Limited Industrial. The proposal requires Village Board approval for the conditional use. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. The Subject Property was annexed into the Village of Mount Prospect (Village) in 2017 as part of an annexation including approximately 40 acres of industrial and commercial property in unincorporated Cook County. The Subject Property is bound by Oakton Street to the south, Terminal Drive to the north, Badger Road to the west, and I-1 zoned properties to the east. The Subject Property consists of three lots and is currently vacant. Based on historical aerial photography, an industrial building existed on the Subject Property, but it was demolished sometime between 2006 and 2007. The Subject Property currently provides two driveways along Oakton Street, and both Terminal Drive and Badger Road are privately maintained. Aside from a 2019 sign permit, no additional Village building permit history for the site exists. Most of the Subject Property is within the floodplain of Higgins Creek, an unmapped waterway that runs through South Mount Prospect, and along the north and eastern sides of the Subject Property. It is noted that the Subject Property has considerable drainage and flood control issues. Discussion Proposal: The Petitioner is a sewer and water contractor company that has been in operation since 1973 and is currently located in Elk Grove Village. The Petitioner is seeking to relocate to Mount Prospect and proposes to construct a two-story building consisting of office and warehouse space with related improvements. The proposed contractor's yard will provide 31 passenger vehicle parking spaces, 29 truck parking spaces, and storage for materials and heavy machinery including, but not limited to, material bins, trench and safety equipment, truck and trailers, and manholes and pipes. As proposed, the project requires conditional use Page 65 of 128 approval for the contractor's storage yard. The various elements of the proposal are outlined below. Operations: Based on the Traffic Impact Statement (TIS) prepared by Kenig, Lindgren, O'Hara, Aboona (KLOA), the proposed contractor's storage yard would have 7 to 10 office employees, 5 to 6 garage employees, and 6 truck drivers. All employees would start their day at 7:00 AM and the majority of the field employees would travel directly to the job sites. The TIS assumes that all employees will arrive via a personal vehicle with the truck drivers leaving in a truck during the same hour. During the weekday evenings, the truck drivers will arrive back to the site in a truck and then all employees would leave in their personal vehicles. Site Plan: The proposed site plan indicates that an approximately 34,500 square -foot building will be constructed on the Subject Property. The proposed site layout proposes to keep the existing driveways on Oakton Street. The western driveway will be located approximately 60 feet east of Badger Road and will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. The eastern driveway will be located approximately 190 feet east of Badger Road and will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. Vehicles would enter from either of these two driveways; passenger vehicles would proceed directly to the south parking lot and exit through the opposite driveway; truck vehicles would enter only from the east driveway, proceed past the south parking lot via the drive aisle located east of the proposed building, and travel directly to the truck vehicle parking and storage yard located at the rear of the building. Trucks and construction vehicles would travel in a counterclockwise rotation around the material storage area and would have the option to park in the heavy machinery parking area located at the northeast corner of the Subject Property or within the truck parking area located south of the material storage area. Truck traffic would also exit to the east Oakton Street driveway via the drive aisle located along the east side of the proposed building. As currently designed, the parking lot setbacks along Oakton Street and along the north, east and west property lines will comply with the Village Code's minimum ten -foot (10') parking lot setback. The project also proposes a 20 -foot tall, dome -like accessory structure for outdoor material storage bins at the northwest corner of the Subject Property and an 8 -foot tall, solid -style, white vinyl perimeter fence. As part of the conditional use request, storage materials (such as dirt, asphalt, concrete, stone, topsoil, hard steel, hard plastic, and concrete) measuring up to a height of 12 feet would be visible above the 8 -foot tall perimeter fence. The site plan also indicates a trash enclosure will be located northwest of the building. Detailed drawings will be required with the building permit submittal. A large underground storm system is planned to help alleviate the existing drainage and flood control issues. Per the Petitioner, a hydraulic study of Higgins Creek was previously prepared and approved by the Illinois Department of Natural Resources - Office of Water Resources (IDNR-OWR) and is attached to the staff report. Per the Petitioner, the prior report will be updated to reflect the current site plan and will define the base flood elevation and floodway limits along Higgins Creek. Traffic and Parking: The Petitioner submitted a Traffic Impact Statement (TIS). The study concluded that the proposed facility will be a low traffic generator that will increase the volume of traffic on Oakton Street by less than one percent, and the proposed access system consisting of two full -movement access drives off Oakton Street will provide site access flexibility that will ensure efficient and flexible access is provided. The TIS also concluded that Page 66 of 128 outbound movements from both access drives should be under stop sign control and that exclusive right -turn lanes will not be warranted on Oakton Street at either driveway. The Village Engineer has reviewed the TIS and requested confirmation that the TIS considers future/full use of the site since the report notes 6 drivers, but the plans show 24 truck parking spaces. Because of the proximity to Badger Road, the Public Works Department does not support two (2) driveways onto Oakton Street; however, the Village will defer to the Illinois Department of Transportation (IDOT) as Oakton is under their jurisdiction. Building Elevations: The attached elevations indicate the proposed building will be composed of precast wall paneling and clerestory windows. As shown, the proposed building will not exceed the maximum height of 40' permitted in the I-1 zoning district. The building height would measure twenty-seven feet six inches (27'-6") at its highest point. Landscaping: A significant amount of new landscaping is being provided site wide and the modifications to the site are an improvement to the existing conditions. The proposed landscape plan indicates a continuous row of permanent peripheral screening around the perimeter of the Subject Property. Staff has requested that the Petitioner remove all parkway trees from the landscape plan as the Village will determine the types and locations of the parkway trees. There are some minor revisions that need to be included in the current landscape plan; however, staff is confident that appropriate landscaping can be achieved on the site. Plat of Consolidation: The Village recommends that the Petitioner consolidate the three lots to eliminate the construction of improvements over existing lot lines. Water Distribution System: A public water main runs along the north side of Terminal Drive, just north of the Subject Property. The Village is considering the annexation of approximately 47 acres of unincorporated land near the southern border of the Village to provide municipal services to this area, including the provision of Village water. The Village is requesting a 10 -foot wide easement along the west property line of the Subject Property for a public water main that would connect the water distribution system along Terminal Drive to a future Oakton Street water main extension, and eventually to the potential future annexation properties. The Petitioner is agreeable and a condition of approval requiring the easement has been added to the conditional use request. Public Comment: As of this writing, staff has not received any public comment letters. Staff Recommendation: The Petitioner has stated that the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger, the public health, safety, morals, comfort, or general welfare. The Petitioner states that they have been in business for over 50 years and have never posed a threat to the local community, nor been cited for any law violations. The Petitioner also states that the proposed development would be a benefit to the surrounding community by providing repair and remediation services on an emergency or contract basis. Further, the Petitioner states that adequate public utilities, access roads, drainage, and/or necessary facilities have been or will be provided, and current utilities are essentially sufficient to serve the proposed development. Finally, the Petitioner states the proposed development will provide a stable tax source for the Village, and raise the standard for future Village projects and developments. Based on the information submitted, the surrounding uses, and the proposed development's compliance with the Village's long- range planning documents, staff recommends approval of the conditional use request. The proposed project would replace an underutilized industrial site with a suitable, alternative use Page 67 of 128 on parcels that have remained vacant for a long time. Alternatives 1. To recommend approval of the following motion: A conditional use to allow for a contractor's storage yard, including the storage of construction materials, construction equipment, and construction vehicles, for the property located at 2400 E. Oakton Street, Case No. PZ -22-23, subject to the conditions listed in the staff report." 2. Action at the discretion of the Planning and Zoning Commission. The Village Board's decision is final for this case. Staff Recommendation Approval of the following motion: A conditional use to allow for a contractor's storage yard, including the storage of construction materials, construction equipment, and construction vehicles, for the property located at 2400 E. Oakton Street, Case No. PZ -22-23, subject to the conditions listed in the staff report." Attachments 1. PZ -22-23 Staff Report 2. PZ -22-23 Administrative Content 3. PZ -22-23 Traffic Impact Statement 4. PZ -22-23 Plans 5. PZ -22-23 Other 6. PZ -22-23 Village Review Comments Page 68 of 128 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Communitv Development DATE: January 18, 2024 CASE NUMBER PZ -22-23 PUBLIC HEARING DATE January 25, 2024 Ann Choi Development Planner APPLICANT/PROPERTY OWNER Mark DiMeo, DiMeo Brothers Inc. / Aleksander Mimic, 2400 Oakton Street LLC PROPERTY ADDRESS/LOCATION 2400 E. Oakton Street BRIEF SUMMARY OF REQUEST The Petitioner, Mark DiMeo of DiMeo Brothers Inc., is requesting conditional use approval to construct a contractor's storage yard at 2400 E. Oakton Street, also known as the Subject Property. The Village Zoning Code designates the Subject Property as 1-1 Limited Industrial. The proposal requires Village Board approval for the conditional use. The proposal meets the requirements and standards related to the Village Code, and staff is supportive of the request. EXISTING ZONING 1-1 Limited Industrial EXISTING LAND USE/SITE IMPROVEMENTS Vacant land 2023 Village of Mount Prospect Zoning Map UnincorporatedC:V Cook County __ ��N SURROUNDING ZONING & LAND USE North: 1-1* Limited Industrial PUD (Petroleum tank farms) East: 1-1 Limited Industrial (Concrete cutting facility and other industrial uses) South: Restricted Industrial District (Unincorporated Cook County) West: 1-1* Limited Industrial PUD (Petroleum tank farms) STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS SIZE OF PROPERTY 5.00 Acres DENY 1 Page 69 of 128 BACKGROUND/PROPERTY HISTORY The Subject Property was annexed into the Village of Mount Prospect (Village) in 2017 as part of an annexation including approximately 40 acres of industrial and commercial property in unincorporated Cook County. The Subject Property is bound by Oakton Street to the south, Terminal Drive to the north, Badger Road to the west, and 1-1 zoned properties to the east. The Subject Property consists of three lots and is currently vacant. Based on historical aerial photography, an industrial building existed on the Subject Property, but it was demolished sometime between 2006 and 2007. The Subject Property currently provides two driveways along Oakton Street, and both Terminal Drive and Badger Road are privately maintained. Aside from a 2019 sign permit, no additional Village building permit history for the site exists. Most of the Subject Property is within the floodplain of Higgins Creek, an unmapped waterway that runs through South Mount Prospect, and along the north and eastern sides of the Subject Property. It is noted that the Subject Property has considerable drainage and flood control issues. PROPOSAL The Petitioner is a sewer and water contractor company that has been in operation since 1973 and is currently located in Elk Grove Village. The Petitioner is seeking to relocate to Mount Prospect and proposes to construct a two-story building consisting of office and warehouse space with related improvements. The proposed contractor's yard will provide 31 passenger vehicle parking spaces, 29 truck parking spaces, and storage for materials and heavy machinery including, but not limited to, material bins, trench and safety equipment, truck and trailers, and manholes and pipes. As proposed, the project requires conditional use approval for the contractor's storage yard. The various elements of the proposal are outlined below. Operations: Based on the Traffic Impact Statement (TIS) prepared by Kenig, Lindgren, O'Hara, Aboona (KLOA), the proposed contractor's storage yard would have 7 to 10 office employees, 5 to 6 garage employees, and 6 truck drivers. All employees would start their day at 7:00 AM and the majority of the field employees would travel directly to the job sites. The TIS assumes that all employees will arrive via a personal vehicle with the truck drivers leaving in a truck during the same hour. During the weekday evenings, the truck drivers will arrive back to the site in a truck and then all employees would leave in their personal vehicles. Site Plan: The proposed site plan indicates that an approximately 34,500 square -foot building will be constructed on the Subject Property. The proposed site layout proposes to keep the existing driveways on Oakton Street. The western driveway will be located approximately 60 feet east of Badger Road and will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. The eastern driveway will be located approximately 190 feet east of Badger Road and will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. Vehicles would enter from either of these two driveways; passenger vehicles would proceed directly to the south parking lot and exit through the opposite driveway; truck vehicles would enter only from the east driveway, proceed past the south parking lot via the drive aisle located east of the proposed building, and travel directly to the truck vehicle parking and storage yard located at the rear of the building. Trucks and construction vehicles would travel in a counterclockwise rotation around the material storage area and would have the option to park in the heavy machinery parking area located at the northeast corner of the Subject Property or within the truck parking area located south of the material storage area. Truck traffic would also exit to the east Oakton Street driveway via the drive aisle located along the east side of the 2 Page 70 of 128 proposed building. As currently designed, the parking lot setbacks along Oakton Street and along the north, east and west property lines will comply with the Village Code's minimum ten -foot (10') parking lot setback. The project also proposes a 20 -foot tall, dome -like accessory structure for outdoor material storage bins at the northwest corner of the Subject Property and an 8 -foot tall, solid -style, white vinyl perimeter fence. As part of the conditional use request, storage materials (such as dirt, asphalt, concrete, stone, topsoil, hard steel, hard plastic, and concrete) measuring up to a height of 12 feet would be visible above the 8 -foot tall perimeter fence. The site plan also indicates a trash enclosure will be located northwest of the building. Detailed drawings will be required with the building permit submittal. A large underground storm system is planned to help alleviate the existing drainage and flood control issues. Per the Petitioner, a hydraulic study of Higgins Creek was previously prepared and approved by the Illinois Department of Natural Resources — Office of Water Resources (IDNR-OWR) and is attached to the staff report. Per the Petitioner, the prior report will be updated to reflect the current site plan and will define the base flood elevation and floodway limits along Higgins Creek. Traffic and Parking: The Petitioner submitted a Traffic Impact Statement (TIS). The study concluded that the proposed facility will be a low traffic generator that will increase the volume of traffic on Oakton Street by less than one percent, and the proposed access system consisting of two full -movement access drives off Oakton Street will provide site access flexibility that will ensure efficient and flexible access is provided. The TIS also concluded that outbound movements from both access drives should be under stop sign control and that exclusive right -turn lanes will not be warranted on Oakton Street at either driveway. The Village Engineer has reviewed the TIS and requested confirmation that the TIS considers future/full use of the site since the report notes 6 drivers, but the plans show 24 truck parking spaces. Because of the proximity to Badger Road, the Public Works Department does not support two (2) driveways onto Oakton Street; however, the Village will defer to the Illinois Department of Transportation (IDOT) as Oakton is under their jurisdiction. Building Elevations: The attached elevations indicate the proposed building will be composed of precast wall paneling and clerestory windows. As shown, the proposed building will not exceed the maximum height of 40' permitted in the 1-1 zoning district. The building height would measure twenty-seven feet six inches (27'-6") at its highest point. Landscaping: A significant amount of new landscaping is being provided site wide and the modifications to the site are an improvement to the existing conditions. The proposed landscape plan indicates a continuous row of permanent peripheral screening around the perimeter of the Subject Property. Staff has requested that the Petitioner remove all parkway trees from the landscape plan as the Village will determine the types and locations of the parkway trees. There are some minor revisions that need to be included in the current landscape plan; however, staff is confident that appropriate landscaping can be achieved on the site. Plat of Consolidation: The Village recommends that the Petitioner consolidate the three lots to eliminate the construction of improvements over existing lot lines. Water Distribution System: A public water main runs along the north side of Terminal Drive, just north of the Subject Property. The Village is considering the annexation of approximately 47 acres of unincorporated 3 Page 71 of 128 land near the southern border of the Village to provide municipal services to this area, including the provision of Village water. The Village is requesting a 10 -foot wide easement along the west property line of the Subject Property for a public water main that would connect the water distribution system along Terminal Drive to a future Oakton Street water main extension, and eventually to the potential future annexation properties. The Petitioner is agreeable and a condition of approval requiring the easement has been added to the conditional use request. LONG-RANGE PLANNING The Village Comprehensive Plan's existing land use map designates the Subject Property as vacant, and the Future Land Use map as "mixed-use district" which includes as primary uses: commercial, heavy industrial, manufacturing, office, research, solid waste handling, warehousing uses, and uses that benefit from the proximity to the 1-90 tollway and secondary uses that include screened outdoor storage. Key characteristics of the district include encouraging larger sites to allow for large-scale employment facilities, with lot consolidation in areas that would benefit from redevelopment. The Connect South Mount Prospect 2020: Subarea Plan designates the property as an opportunity site and recommends manufacturing, office, warehousing/distribution, or storage related uses within the site. The proposed development is a redevelopment site and will provide storage -related uses within a state-of- the-art facility; therefore, the Petitioner's proposal does not conflict with the long-range goals of the Comprehensive Plan. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort, or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances The Petitioner has stated that the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger, the public health, safety, morals, comfort, or general welfare. The Petitioner states that they have been in business for over 50 years and have never posed a threat to the local community, nor been cited for any law violations. The Petitioner also states that the proposed development would be a benefit to the surrounding community by providing repair and remediation services on an emergency or contract basis. Further, the Petitioner states that adequate public utilities, access roads, drainage, and/or necessary facilities have been or will be provided, and current utilities are essentially sufficient to serve the proposed development. Finally, the Petitioner states the proposed development will provide a stable tax source for the Village, and elevate the standard for future Village projects and developments. Based on the information submitted, the surrounding uses, and the proposed development's compliance with the Village's long-range planning documents, staff recommends approval of the conditional use request. The proposed project would replace an underutilized industrial site with a suitable, alternative 4 Page 72 of 128 use on parcels that have remained vacant for a long time. Staff finds that the conditional use request meets the standards. Based on these findings, staff recommends that the Planning and Zoning Commission make a motion to adopt staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "To approve: 1. A conditional use to allow for a contractor's storage yard, including the storage of construction materials, construction equipment, and construction vehicles, for the property located at 2400 E. Oakton Street, Case No. PZ -22-23, subject to the following conditions: a. The Petitioner shall address all comments included in the Village review letters dated January 8, 2024 and January 12, 2024; b. The construction materials, construction equipment, and construction vehicles shall not exceed a maximum height of twelve feet (12'-0"); c. The applicant shall submit a plat of consolidation application prior to building permit submittal; the plat shall be recorded with Cook County prior to the issuance of any Certificates of Occupancy; d. A ten -foot (10') wide easement dedicated exclusively to the Village for water main purposes that runs along the entire length of the west lot line shall be provided by the Petitioner. The easement shall be recorded with the property prior to the issuance of a building permit; e. The design shall meet all Village, and other agency (MWRD, IDNR, IDOT, FEMA, etc.) requirements. This includes the possibility of obtaining a Conditional Letter of Map Revision (CLOMR) from FEMA prior to beginning construction; f. The appropriate code analysis, architectural, structural, mechanical, electrical, plumbing, energy, and accessibility drawings shall be prepared for permit application review to the Village; and g. Compliance with all applicable Village Code requirements, including, but not limited to, zoning, fire code, sign code regulations, environmental health, and building regulations." The Village Board's decision is final for this case. MINISTRATIVE CONTE PLANS OTHER ATTACHMENTS: (Zoning Request Application, Responses to Plat of Survey, Site Plan, etc.) (Supplemental Information, Public Standards, etc... Comments Received, etc... I concur: William J. Cooney, AICP Director of Community Development 5 Page 73 of 128 INVillage of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Only (To be completed by Village Staff) Case Number. P&Z - PZ -22-23 Date of Submission: 11/27/2023 Hearing Date: 1/25/2024 Project Name/Address: 2400 E. Oakton Street I. Subject Property Address(es): 2400 E Oakton, Mount Prospect, IL 60056 Zoning District (s): 1-1 Property Area (Sq.Ft. and/or Acreage): 5.02 Acres Parcel Index Number(s) (PIN(S). 08-7-3-400-009-0000,08-23-400-010-0000,08-23-400-011-0000 11. Zoning Request(s) (Check all that apply) ❑■ Conditional Use: For Outdoor Equipment and Material Storage Contractor's storage yard ❑ Variation(s): To ❑Zoning Map Amendment: Rezone From To ❑ Zoning Text Amendment: Section(s) ❑ Other: lil. Summary of Proposal (use separate sheet if necessary) See Attached Exhibit "A" IV. Applicant (all correspondence will be sent to the applicant) Name: Mark DiMeo Corporation: DiMeo Bros. Inc Address: 720 Richard Lane City, State, ZIP Code: Elk Grove Village, IL 60007 Phone: 847-640-2240 Email: john@dimeobros.com Interest in Property: Buyer and Developer for DiMeo Bros (e.g. owner, buyer, developer, lessee, architect, etc...) 1 Page 74 of 128 ..; Aleksandar Mimic Comoradon-, Oiakton Street LLC Address: w m Pd I •r Phone: 630-993-3862 =1 %'n"Va"a 10 a 1u, a A-10 ,�i*1 . �„�,' lie subjtmtpmpofty- I hereby u, that allInfornallon provided herelnandIn all materials ac "Red In am Nb la n r: Wuh this application az� v a w" of my m� „M t a x ' «+'. . ....... ... .. LIC"N., �W k`. o (Print or Type Larne) If applicant to nr t property er: hereby designate the applIcent to act as my agent for the purpose f s ung the zoning t(a) descrbW In this application and the associated supporting materIaL Property Owner: L= Date. U t t 14 L) to r) Aleks,andar KI Page 75 of 128 DiMeo Bros., Inc. 720 Richard Lane Elk Grove, IL 60007 "EXHIBT A" Nov 21, 2023 Village of Mt Prospect Attn: Moiez Khan 50 S Emerson St Mt Prospect, IL 60056 Dear Mr Khan, Phone 847.640.2240 Fax 847.640.2221 We want to sincerely thank you for considering our move into your flourishing town. DiMeo Brothers has been around for over 50 years. It was started by my father and uncle in 1973 out of necessity, that special kind of inspiration called The American Dream. Now, my brother John and I continue to bring that dream to life each day. We propose to purchase 2400 Oakton, remediate the property, and construct a state-of-the-art office building and shop like the one we currently operate in Elk Grove. Except more in line for this modern age. As it stands, 2400 Oakton is zoned 1-1 and would allow for our contractor offices. However, we would require and are seeking a conditional -use permit to allow for the outdoor storage of our equipment and material. Based on our observations, the surrounding area accommodates multiple businesses with similar work practices and in need of outdoor storage. DiMeo Brothers operates a profitable construction business that has grown into $40-50 million in revenue over recent years. We run a successful operation because we invest our resources in both people and the technology that will help our employees perform at high levels. Therefore, it is the right step forward to continue on that path and invest in a new facility to help bring DiMeo Brothers to new heights. Our move is also the right step for Mt Prospect since we will bring myriad benefits to your village. First, we are a sewer -and -water contractor that can be a valuable resource for repairs on public and private property. Second, we can become an even more competitive bidder on public projects as efficiencies are realized. Third, we can be looked to for employment opportunities as we try to maintain and possibly increase our base of 70-75 employees. Fourth, there will be an immediate economic impact for local businesses as our subcontractors are in need of resources, such as fuel and accessories, and our employees frequent the area. It has been a very trying time in deciding where to move DiMeo Brothers after decades of stability and prosperity. It is with confidence and optimism that we have chosen Mt Prospect to be our next home and epicenter for years to come. Sincerely, o, ilw w w' e", wA iii l u i I Mark DiMeo, DiMeo Bros, Inc. ed W!4ur,V� „'tl umi�W',W��W. John DiMeo, DiMeo Bros., Inc. Page 76 of 128 Affidavit of Ownership C•�+ITI: tZ•I��•I•1:i STATE OF ILLINOIS ) I, At.CC! k-JOtt- . under oath, mate that I am (print name) 9the sole owner of the property an owner of the property ❑ an authorized officer for the owner of the property commonly described as 2400 Oakton St. Mount Prospect, IL 60005 (property address and PIN) 08.23-400-008-0000► 08-23-400-010-0000, 08-23-400-011-0000 and that such property Is owned by hi-004AW44m" /"4 )'*O� as of this date. (print name) ,AA signature subscribed and sworn to before me this °� day of noy`uu.br-'r Notary NNW oF;RCAL SEAL HRMACOBIC NOTARY PUBLIC, STATE OF ILUHOIS MY COMMMSION 1IM168I ?125fM Page 77 of 128 PREPARED BY: Rock Fusco & Connelly, LLC 321 N. Clark Street, Suite 2200 Chicago, Illinois 60634 Attention: Patrick Clancy AFTER RECORDING RETURN TO: Rock Fusco & Connelly LLC John J. Rock 321 N. Clark Street, Ste. 2200 Chicago, Illinois 60654 TAX BILL MAIL TO: 2400 Oakton Street LLC 621 IL Rt. 83, Ste. 240 Bensenville, Illinois 60106 CT# 20CNW643012RM Doc#. 2103406263 Fee: $98.00 Karen A. Yarbrough Cook County Clerk Date: 02/0312021 11:19 AM Pg: 1 of 5 Dec ID 20201201681054 STICO Stamp 0-413-450-256 ST Tax $3,200.00 CO Tax $1,600.00 SPECIAL WARRANTY DEED Ic December V, 2020 THE GRANTOR, MAYO PROPERTIES, LLC, an Illinois limited liability company (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor by 2400 OAKTON STREET LLC, an Illinois limited liability company (hereinafter referred to as "Grantee"), whose mailing address is 621 IL Rt. 83, Ste. 240, Bensenville, Illinois 60106, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does GRANT, SELL, and CONVEY unto Grantee and its successors and assignees forever all of Grantor's rights, title, and interests in and to that certain tract of real property located in Cook County, Illinois and more particularly described in Exhibit A attached hereto, together with any and all rights appertaining thereto, and any and all of the improvements located thereon (said real property together with any and all of the related improvements, rights, and appurtenances belonging or appertaining thereto, and any and all of the improvements located thereon, being collectively referred to as the "Property"). TO HAVE AND TO HOLD the Property unto Grantee and its heirs, executors, administrators, legal representatives, successors and assignees forever; and Grantor hereby binds itself and its successors and assignees to WARRANT AND FOREVER DEFEND the Property unto Grantee and its heirs, executors, administrators, legal representatives, successors and assignees against every person lawfully claiming by, through, or under Grantor, but not otherwise; provided that this conveyance and the covenants and warranties of Grantor herein contained are subject to the matters described in Exhibit B attached hereto. Signature page follows. y4 MAL E!;TAiFinANSVE.AYAX f I Ift,`elf Page 78 of 128 C .�. i _r � �. PREPARED BY: Rock l'usco & Connelly, LLC 321 N. Clark Street, Suite 2200 Chicago, Illinois 60654 Attention: Patrick. Clancy Al -TER RECORDING RETURN TO: Rock Fusco & Connelly LLC John J. Rock 321 N. Clark Street, Ste. 2200 Chicago, Illinois 60654 'FAX BILL MAIL TO: 2400 Oakton Street LLC 621 It, Rt, 83, Ste. 240 Bensenville, Illinois 60106 CT# 20CNW643012R,M SPECIAL WARRANTY DEED ( t> December 0, 2020 THE GRANTOR, MAYO PROPERTIES, LLC, an Illinois limited liability company (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor by 2400 OAKTON STREET LLC, an Illinois limited liability company (hereinafter referred to as "Grantee"), whose mailing address is 621 11, Rt. 83, Ste. 240, Bensenville, Illinois 60106, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by these presents does GRANT, SELL, and CONVEY unto Grantee and its successors and assignees forever all of Grantor's rights, title, and interests in and to that certain tract of real property located in Cook County, Illinois and more particularly described in Exhibit A attached hereto, together with any and all rights appertaining thereto, and any and all of the improvements located thereon (said real property together with any and all of the related improvements, rights, and appurtenances belonging or appertaining thereto, and any and all of the improvements located thereon, being collectively referred to as the "Property"). TO HAVE AND TO HOLD the Property unto Grantee and its heirs, executors, administrators, legal representatives, Successors and assignees forever; and Grantor hereby binds itself and its successors and assignees to WARRANT' AND FOREVER DEFEND the Property unto Grantee and its heirs, executors, administrators, legal representatives, successors and assignees against every person lawfully claiming by, through, or tinder Grantor, but not otherwise; provided that this conveyance and the covenants and Warranties of Grantor herein contained are subject to the matters described in Exhibit B attached hereto, Signature page follows. , OUN F PROSPECT, REAL EI T as E; I RA NSH- �4966 Page 80 of 128 Page -81" of 128 IN WITNESS WHEREOF, Grantor has executed and delivered this Special Warranty Deed as of the first date written above. CH t7:�►1ig�77 MAYO PROPERTIES, LLC, an Illinoibility company s limited 'a aoll� By: Michael D. Moran Its: Manager STATE OF ILLINOIS COUNTY OF COOK 1, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Michael D. Moran as Manager of Mayo Properties, LLC, personally known to me to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and swore and acknowledged under oath that he/she signed and delivered the said instrument as his/her free and voluntary act, for the uses and purposes set forth therein. GIVEN under my hand and notarial seal this 10 day of December, 2020. NO& PUBLIC My Commission Expires: 9" a3.2y (SEAL) TWeSA L4T( NOTARY ptMW STATE S W cOMMSsiow*. Page 82 of 128 JAM JAI ROTXAj A T 2!Oi41jjf 40 3TAT2 -'fJ8Uq YRATOW lv4vw:plHl9y3 Ooic.",!Mmo: 1.144, Page 83 of 128 EXHIBIT A LEGAL DESCRIPTION THE SOUTH %z OF THE SOUTHWEST '/4 OF THE SOUTHEAST '/4 (EXCEPT THE EAST 974.00 FEET, AS MEASURED ON THE NORTH AND SOUTH LINES THEREOF, AND EXCEPT THE SOUTH 50.0 FEET THEREOF) IN SECTION 23, TOWNSHIP 41 NORTH, RANGE 1 I EAST OF THE THIRD PRINCIPAL MERIDIAN, COUNTY OF COOK, STATE OF ILLINOIS. PINS: 08-23-400-009-0000; 08-23-400-010-0000 AND 08-23-400-011-0000 COMMONLY KNOWN AS 2400 N. OAKTON STREET, MOUNT PROSPECT, ILLINOIS 60056 Page 84 of 128 PERMITTED EXCEPTIONS • Taxes for the year 2020 and subsequent years. • Rights of Way for drainage tiles, ditches, feeders, laterals and underground pipes, if any. • Rights of the public, the State of Illinois and the municipality in and to that part of the Land, if any, taken or used for road purposes. • Terms and provisions of Ordinance No. 6318, annexing certain property to the Village of Mount Prospect as disclosed by instrument recorded May 5, 2017 as Document No. 1712513065. ___. ___. • Terms and provisions -of Ordinance No. 6327, annexing certain property to the Village of Mount Prospect as disclosed by instrument recorded May 31, 2017 as Document No. 1715129000. • Note: This policy shall not be construed as insuring any part of the Land falling in the East 974 feet of the South '/2 of the Southwest 'I/, of the South East '/, of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, aforesaid. (affects all of the Land except the North 478 feet thereof) • Grant of easement recorded January 13, 1975 as document 22960776 made by First Arlington National Bank of Arlington Heights, as trustee under trust number A521, to Northern Illinois Gas Company, its successors and assigns of a perpetual easement and right of way for the purpose of laying, maintaining, • operating, renewing, replacing and removing gas mains and any necessary gas facilities appurtenant thereto, together with the right of access thereto for said purposes, in, upon, under, along and across the West 10 feet of the East 35 feet and the North 10 feet of the South 195 feet of the Land. • Terms, provisions, covenants and conditions contained in easement grant recorded February 25, 1975 as document 23005388 made by First Arlington National Bank of Arlington Heights, as trustee under trust number A521 to the Metropolitan Sanitary District of Greater Chicago, a Municipal Corporation of Illinois its successors and assigns, the perpetual easement and the temporary easement, right, permission and authority to construct, reconstruct, repair, replace, operate and maintain the intercepting sewer under and through the Land described in said instrument. (permanent easement over the South 20 feet of the Land temporary easement over the North 20 feet of the South 40 feet of the Land). • Electric and telephone facilities agreement recorded March 3, 1975 as document 23009657 made by First Arlington National Bank of Arlington Heights, as trustee under trust number A521 to the Commonwealth Edison Company and the Illinois Bell Telephone Company their successors and assigns of an easement for public utilities purposes to install their respective electrical facilities and communication facilities in and upon the Land described in said instrument. • Grant of easement recorded October 7, 1975 as document 23246500 made by First Arlington National • Bank of Arlington Heights, as trustee under trust number A521 to Union Oil Company of California, of an easement 10 feet in width, 5 feet on either side over, across and under the Land described in said instrument for purposes of constructing, inspecting, repairing, maintaining, replacing and removing a 12 inch diameter storm sewer line to empty into a run-off stream commonly referred to as Higgins Creek. (affects the East 10 feet of the West 350 feet of approximately the North 15 feet of the Land) • Notice of requirements for storm water detention dated June 24, 1978 and recorded August 24, 1978 as document 24597815 executed by Lakeview Trust and Savings Bank. Page 85 of 128 • Rights of the owners of Land bordering Higgins Creek in respect to the waters of said Higgins Creek. • Possible easement for utilities along the Southerly line of the Land as disclosed by Wood Utility Poles shown on survey 81.101 by George D. Harlser. • Encroachment of the 2 story Brick Building and one story brick building concrete foundation located mainly on the Land onto the easement shown herein at exception reference letter(s)'N' as shown on plat of survey number 950233 prepared by George D. Harker & Associates dated December 1, 1995. (affects the South 241.0 feet of the Land) Page 86 of 128 lu LAW OFFICES ROCK Fusco & CONNELLY, LLC PATRICIA SAN MARTIN 321 NORTH CLARK STREET DIREM (312) 970-3405 SUITE 2200 CHICAGO, ILLINOIS 60654 (312) 494-1000 FAX (312) 494-1001 WWW.RFCLAW.COM October 19, 2021 2400 Oakton Street LLC 621 IL Rt. 83, Ste 40 Bensenville, IL 60106 RE: 2400 N. Oakton Street, Mount Prospect, IL 60056 Dear Sir or Madam: PSANMARTIN(0)RKLAW.COM Enclosed you will find the original recorded Quit Claim Deed for the above referenced captioned matter. Please keep this document in safe place for future reference. Thank you for the opportunity of representing you in this matter. Should you have any questions or need further assistance, please do not hesitate to contact me. Sincerely, ROCK FUSCO & CONNELLY, LLC Patricia San Martin, Real Estate Legal Assistant Enclosures Page 87 of 128 I "A L I j"', .. .. . . . 'f() MUF 'I,' f, T P' i I ", Total Taxing District Debt Attributed to Your Property: $77,644 Property Value: $789,130 Total Debt % Attributed to Your Property ValUe: 9.8% 'ro see the 20 -Year History Of YOM' Property'laxes, click here. Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its 2021 value. See Details Here Incorrect Image? Click Here. F-ITTATAT Property Location: 2400 E OAKTON ST ARLINGTON HEIGHTS, IL 60005.4820 Volume: 050 Tax Year 2021 (billed in 2022) Total AmOUIlt Billed: $22,548.35 Hi G I N A r! Ir V a .,C r' Q C . N Scroll down for more information, Mailing Information: 2400 OAKTON STREET LLC 677 N LARCH AVE ELMHURST, IL 60126-1521 Update Your IrIfOrMation Total Amount Due: $Mo Expand Payment Details w Page 88 of 128 Original Billed Amount: $12,069,38 Original Billed Amount: $10,478,97 Due Date: 03/01/2022 Due Date: 12/30/2022 Tax: $0.00 Tax: $0.00 Interest: $0.00 Interest: $0.00 Current Amount Due: $0.00 Current Amount Due: $0.00 Total Amount Due: $Mo Expand Payment Details w Page 88 of 128 Tax Year 2022 (billed in 2023) Total Amount Billed: $19,742.54 I'N 1, , U, 1, " f/i , 1 , T �,r 2nd H rj f YeJ, )0")2 Original Billed Amount: $12,401.59 Original Billed Amount: $7,340.95 Due Date: 04/03/2023 Due Date: 12/01/2023 Tax: $12,401.59 Tax: $7,340.95 Interest: $1,488.16 Interest: $0.00 Current Amount Due: $13,889.75 Current Amount Due: $7,340.95 Total Amount Due: $21,230.70 PENIANG ONLINE FIAYNIEINTAUHRT: Aro onhne payrnei,A of ;,321,23,070,ovas knitwkB d on'hjesdray, 9,Jovernbc,: 21, 2023 Your 7(��tM ArrouW Due VIM uIpda�e Once fum'k; iinve beon recpived horn yciur mnk Collapse Payment Details A& No payment detail records have been found. About payments: • Payments are recorded the date they are received. They appear on the website about three business days later. • The current amount due is as of Wednesday, November 22, 2023. Questions about payments? Contact Us. • To find out if taxes for this PIN were sold or are delinquent for Tax Year 2020 and earlier, search the Cook COLIMY Clerk's records. Download Your Tax Bill Open a PDF of your tax bill that can be printed and used to pay in person or by mail. Tax Year 2021 Second Installment Due Friday, December 30, 2022 Tax Year 2022 Second Installment Due Friday, December 1, 2023 Stop receiving your tax bill by mail. A ", Sign up for eBilling to receive fUtUre tax bills via email. Our records do not indicate a refund available on the PIN You have entered. Page 89 of 128 DiMeo Bros., Inc. 720 Richard Lane Phone 847.640.2240 Elk Grove, IL 60007 Fax 847.640.2221 "EXHIBIT D" Nov 21, 2023 Village of Mt Prospect Attn: Moiez Khan 50 S Emerson St Mt Prospect, IL 60056 Dear Mr Khan, DiMeo Brothers intends to purchase the property located at 2400 Oakton in Mt Prospect, remediate the property, and construct a state-of-the-art office building and shop like the one we currently operate in Elk Grove. Except more in line for this modern age. The property would be used solely for the purposes of DiMeo Brothers and related entities. As it stands, 2400 Oakton is zoned I-1 and would allow for our contractor offices. However, we would require and are seeking a conditional -use permit to allow for the outdoor storage of our equipment and material. Thank you very much for your attention to these matters. Sincerely, Mark DiMeo DiMeo Bros., Inc. John DiMeo DiMeo Bros., Inc. Page 90 of 128 CQ � � � � uzzuo >ooze ueauEz zEuzuo ze o< F- < oa=opp z ozz e u0Ewu =EM==< E =E -o < e» ±puƒe ±wz±\2 z2 uzze\ z��EU u� u e ^§\^©7 u 3¥ �j/\ƒ % /}F/\/ §/ // \< »uEE »Of ru E %ƒ/§ Lo e /0)z 0< eo LL. �/z <z %%®=o §k//ZR o/�§ Cf) /~/»/// m /je o =oz e2 uu pEo \\L, T0 LLJ LLI 0D��\�� \j\ 333/ � ^0/ C; © LLI0 <Z 'D m ®<g0 \<< zo< u> LLj o<e=> ® 0 =//w P< �rjfb§� 5 e 3®ed < g»2E uz §// eaa moo&/ }$//// 2=M®�- �e �/$ /wz/f$§ 0u /juo am<® z//E» 0-0j/ » > LLI $ ae220 2< 0of Eu ƒ§\ \3Z/Z �<kEDZ§�� 0� ua =e < e z iem� u _LLJ / \//z /j\%Ea\\ 0aE-J /�5 E >o2\\ƒu/ \ee/ »amu§\m �Z of C) \=/p z2of <o=/mom /z<ZLLJ oou E \g$ƒ @euE th&®E<a- /w@ƒƒ/ uz-1:2 a- %:2Z z ƒwEE E®� z 0 ie ^00e 2/ E ®§k/ƒ/�3 OfLLJ /\yea± _=uu < ee z� co eLLI ar ¥ \%rzz EE= ////®3th/zzaz j<o eE / ® z�< P@/@ =eo <oee = :2 :2 j}< LI =/@o % \ u.)CL CLLJ e<3=ou <zro=<e�eo2 eee=oo z«0Ez—ee— � � Z I Lu O L, 0 \ � I w � I 0 0 w z J F- I O z II/ Z O d 0 O � W O H ~ WZVI N MO O Z \Z U H �O Z UJ z� m Oma O I I z LO - � LO 14 0 0) rn 0 0 z oz Q 00 w O p� vr� o 0 w w 0 � N O (/7 cD c0 C9 CD l � X99 �9x x x 6. X99 S Sx9 x x '99 x 9 S9 9 S� 99 x �x,9L-L �9 9 9X L9 M „LI .00 N 7-77 ''99x '... 9 a- � .�wl x9 � 9x Sx 9 N a-abob i', snON wnlis aeoa a3E)OVe ®W.14011:3U"1 ALTA/NSPS LAND TITLE SURVEY LEGAL DESCRIPTION THE SOUTH V2 OF THE SOUTHWEST/40F THE SOUTHEAST 1/4 (EXECEPT THE EAST 974.00 FEET, AS MEASURED ON THE NORTH AND SOUTH LINES THEREOF, AND EXCEPT THE SOUTH 50.0 FEET THEREOF) IN SECTION 23, TOWNSHHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDAN, COUNTY OF COOK, STATE OF ILLINOIS PROPERTYAREA 2181051 SQUARE FEET (5.006 ACRES) PROPERTYADDRESS MOUNT PROSPECT, ILLINOIS Page 95 of 128 DiMeo Bros., Inc. 720 Richard Lane Phone 847.640.2240 Elk Grove, IL 60007 Fax 847.640.2221 "EXHIBIT 7 Dec 29th, 2023 Village of Mt Prospect Attn: Ann Choi 50 S Emerson St Mt Prospect, IL 60056 Dear Ann, Pursuant to the DiMeo Brothers' proposal to purchase 2400 Oakton and rezone it for conditional use, allow this document to serve as Exhibit 1 in support of approval: 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. DiMeo Bros. has been in business for over 50 years and has never posed a threat to the local community, nor been cited for any law violations. Our company takes great pride in working with villages and serving the public good. 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. Our vision is to construct a state-of-the-art facility that will not only elevate the surrounding property values, but also the aesthetics of the local area. Additionally, DiMeo Bros. is currently located at the apex of a residential road, and has proven since its inception to conduct its business in a compatible fashion with its adjoining residential neighbors. Also, DiMeo Bros. would be a benefit to the surrounding area by being able to provide repair and remediation services on an emergency or contract basis. 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. Our new state-of-the-art facility will bring a much-needed refreshing aesthetic to the surrounding community, while also helping to ignite growth in new business to the local area. DiMeo Bros. has recurring monthly shop, fuel, food, and miscellaneous supply expenses and is need of convenient local sources for fulfillment. Adequate public utilities, access roads, drainage, and/or necessary facilities have been or will be provided. Current utilities are essentially sufficient to serve DiMeo Bros. A large underground stormtrap is planned per our site plan by Civil and Environmental Consultants (CEC) to help alleviate drainage issues. We also intend to install newly paved areas for parking lot and access roads, while beautifying the site with modern landscaping touches. A concealed fence will surround and defend the property. Page 96 of 128 Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Two existing entrances will be sufficient to accommodate the needs of DiMeo Bros. Traffic flow for office personnel is limited to less than 15 vehicles, while traffic flow for business personnel is coordinated and streamlined with job activities each day. 6. The proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. DiMeo Bros. has been in business over 50 years and will congruously assimilate with the local businesses in the surrounding area. Not only will our state-of-the-art property provide a stable tax source for the village, but it will also elevate the standard for future village projects and developments. 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. DiMeo Bros. has been working in conjunction with the engineering firm CEC to develop a construction plan that meets the building codes and standards of Mount Prospect. Drawings have already been submitted for village review. Thank you very much for your attention to these matters. Sincerely, IIMIIII��IIIV�Wi��,WO�uu N V., � Illlµ` iiuulllilllllllwµ, �i"i' uilllllY Mark DiMeo DiMeo Bros., Inc. �01,,10 John DiMeo DiMeo Bros., Inc. Page 97 of 128 Kein'u , Li ndg ren,O'Hara.Aboona,Inc 6 9J' � I1 I rrnd 1+1i[r, 1001 Rw,,,,mo[i[, Illhloi,, 60018 81 " ] 8 <y<y<yf) i 81'/...`, 18 998"l MEMORANDUM TO: John DiMeo DiMeo Brothers' Inc. FROM: Brendan May, PE, PTOE Senior Consultant Luay R. Aboona, PE, PTOE Principal DATE: January 15, 2024 SUBJECT: Traffic Impact Statement DiMeo Brothers HQ Relocation Mount Prospect, Illinois This memorandum summarizes the findings of a traffic impact evaluation prepared for the proposed relocation of the DiMeo Brothers HQ to 2400 East Oakton Street in Mount Prospect, Illinois. As proposed, the facility will contain a 29,330 square -foot building consisting of office and warehouse space. The site will provide 30 passenger vehicle parking spaces, 24 truck parking spaces, and storage for materials and heavy machinery. Access will be provided via two full - movement access drives off Oakton Street. The purpose of this memorandum was to document the existing roadway conditions, estimate the traffic projected to be generated by the facility, provide a general assessment of the impact the traffic will have on the adjacent roadway system, and to review the proposed access configuration. Figure 1 illustrates an aerial view of the site in relation to the area roadway network. Oakton Street is an east -west principal arterial roadway that in the vicinity of the site provides two travel lanes in each direction. Oakton Street operates under free flow conditions at its intersection with Badger Road, Hamilton Road, Diane East and Elizabeth Drive. Oakton Street is designated as a class II truck route north per Illinois Department of Transportation (IDOT) Designated Truck Route map. Oakton Street carries an annual average daily traffic (AADT) volume of 20,500 vehicles (IDOT 2021), has a posted speed limit of 40 miles per hour and is under the jurisdiction of the Illinois Department of Transportation (IDOT). It should be noted that Badger Road borders the site on the west and Terminal Drive borders the site on the north and these roadways are private roadways that serve West Shore Pipeline and do not provide for any through traffic through the area. K M.'hw 11[[[rlilmiciPmlfirrgI'hmrllrls Corr,u1(�i[irr,, Page 98 of 128 Site Location Figure 1 Page 99 of 128 Proposed Development Plan As proposed, the facility will contain an approximately 29,330 square -foot office building, 30 passenger vehicle parking spaces, 24 truck parking spaces, storage for heavy materials and machinery, with access proposed to be provided off Oakton Street at two locations: • The western driveway will be located approximately 60 feet east of Badger Road. The access drive will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. This access drive will only serve passenger vehicles. • The eastern driveway will be located approximately 190 feet east of the Badger Road. The access drive will provide one inbound lane and one outbound lane with the outbound movements under stop sign control. This access drive will provide access for both passenger vehicles and trucks and should be designed to with adequate width and radii to accommodate the truck traffic without encroachment. A copy of the proposed site plan is included in the Appendix. Based on the information provided by the operator, DiMeo Brothers' Inc. currently has seven to 10 office employees, five to six garage employees, and six truck drivers. All of the employees start their day at 7:00 A.M. With the relocation of the headquarters to Mount Prospect, there will not be a significant growth expected to the number of employees operating at the new location as majority of the employee increase will be field employees that go directly to the job sites. It should be noted that while 24 truck parking spaces will be provided, that these spots will be utilized for the parking of other heavy vehicles that are not utilized daily and that the number of truck trips during the peak hours is determined by the regular use of the six truck drivers. For the purposes of this evaluation, it was assumed that all of the employees will arrive via a personal vehicle with the truck drivers leaving in a truck during the same hour. Conversely, during the weekday evening peak hour, the truck drivers will arrive back to the site in a truck and then all employees would leave in their personal vehicles. Table 1 summarizes the estimated vehicle trip generation. As can be seen from Table 1, the proposed headquarters is estimated to generate a total of 50 to 60 (25 to 30 inbound and 25 to 30 outbound) trips on a typical weekday. Furthermore, the facility is only projected to generate 27 total trips during the weekday morning peak hour and 27 total trips during the weekday evening peak hour. 3 Page 100 of 128 Table 1 ESTIMATED SITE GENERATED TRAFFIC VOLUMES Weekday Morning Weekday Evening Daily Peak Hour Peak Hour Two -Way In Out I Total In Out Total Traffic Passenger Vehicles 22 0 22 0 22 22 4 Total 22 5 27 5 22 27 54 When the estimated peak hour traffic volumes anticipated to be generated by the proposed facility are compared to the existing traffic volumes on the surrounding roadways, the facility -generated traffic will not have a detrimental traffic impact on the area roadways based on the following: The proposed facility will generate approximately 27 trips during the weekday morning peak hour and the weekday evening peak hour. The site -generated trips will be distributed over two driveways, thus reducing the traffic load and potential delays. When compared to the daily traffic on Oakton Street, the proposed facility will increase the traffic by less than one percent. As indicated earlier, access to the proposed facility will be provided off Oakton Street at two locations. The design of the access drives with one inbound lane and one outbound lane with outbound movements under stop sign control will ensure that efficient and adequate access will be provided. It should be noted that given that Oakton Street is under the jurisdiction of IDOT that the proposed access system will need to be reviewed and approved by IDOT. Based on the right -turn lane warrant criteria summarized in Chapter 36 of the IDOT Bureau of Design and Environment (BDE) Manual, the minimum threshold to warrant an exclusive right - turn lane is 40 vehicles during the peak hours. Since the proposed facility is projected to generate a total of 27 inbound trips during the peak hours which will be distributed over the two access drives with vehicles arriving from both directions, therefore a right -turn lane will not be warranted. Ll Page 101 of 128 Based on the preceding evaluation and recommendations, the following conclusions have been made: The proposed facility will be a low traffic generator that will increase the volume of traffic on Oakton Street by less than one percent. • The proposed access system consisting of two full -movement access drives off Oakton Street will provide site access flexibility that will ensure efficient and flexible access is provided. Outbound movements from both access drives should be under stop sign control. • Exclusive right -turn lanes will not be warranted on Oakton Street at either driveway. Page 102 of 128 W=914 Page 103 of 128 r, as 00 0 00 Q pp Lri Lri N M Ofof � C14 Of 0 0 > LL: LL: LL: LL: LL:� vi vi Vi vi Vi Vi 0Z U V) V) m��w r- 0 �� a� �� Of �I 0 Z U")�Nr-m N N w . �� iii ii � I � lil � � i `�� i ►��'�� i i i� i i ii► v��, i li iA II��i i��I ZLLI }i Q ii illi ilk\ Of { I� iii I� l i`nili w � { i Of o !� U) � �M�I ii II I 4yilli` 101\�x, o �al� �z II} Ix I� D ............................ 4IP f .. . . .. .. . . . . .... . . ........ .... . . .. . ..... Y Q QZ� V) w a w 0 Of Q > w Z a_ w o QuLLJ D a w o o a_ 0Z U V) V) m��w 0 0 V) m a� ry Of �I C9 Z Cr Q w . �� iii ii � I � lil � � i `�� i ►��'�� i i i� i i ii► v��, i li iA II��i i��I ZLLI }i Q ii illi ilk\ Of { I� iii I� l i`nili w � { i Of o !� U) � �M�I ii II I 4yilli` 101\�x, o �al� �z II} Ix I� D ............................ 4IP f .. . . .. .. . . . . .... . . ........ .... . . .. . ..... ME n z W W J W Li m v Z O W N Q r z O C9 O W Lj Z W z in IL Z J p OU J zz ui tU OJ OH W U m uiw 0 W W IL O O Z W O Z d 0O Q. W U Z J L- W U W J J O W w W N W Q ^ W p r a:W O d J 3 W J Z Z_ O O m O H W O U Q N W O Z J W m z Q U- 3 p Ll CL U d W J Z Y z O z 0 Z W L� L� Z d U Q Z Z N O O W v W U' U' Oz IL O = LLJ p Z W m O W Q O W W N W W W W C7 z W QNQ U H p p D Q m IL w O U n N N ?i �' LL Z Z W W U w W W i xi l i it xi i ill ll�� r, m IPo � ��i II rr 0 z .......... IIQDI 4 k ^. ^. . ......... (567 �� _... ....... . t6 _ _. ry —77 . .......... x. . ....... . . . . ... . ..... .... .... .. ....... ..................... . . . . . ... . ..... .... ......... ..... ... ..... . .... ........... . ........... ......... . .. ........ . .... ... L7. ........ . ... ..... ........ . ...... . ....... TF- Q) L rr 0 z .......... IIQDI 4 k ^. ^. . ......... (567 �� _... ....... . t6 _ _. ry —77 . .......... x. . ....... . . . . ... . ..... .... .... .. ....... ..................... . . . . . ... . ..... .... ......... ..... ... ..... . .... ........... . ........... ......... . .. ........ . .... ... 9 L7. ........ . ... ..... ........ . ...... . ....... TF- ...... ...... . ..... ........... QJ Lo iz . . ........... r C..> . ..................................................................... ....................... ......... .... ...... . ............. t 9 U U Q Q 2 o Z LU W O O Of z QI z Lo LLI 1 ( 7 t o LL 1 I {I �I �. =.... ......... ...._ cr W — z { D �{ bs ( x a LO s 45 �Y W � W m I..L O = y, 4 OH t� +�� m W - . ......... OO ) J() . .... Nr OZIn WQQ � � ._......qq �w.. .. O . O d .. .,,.<.�.. Il.u.11 f�, L� Q v) (n U OZW C'w y �� Q Ld OW 4' ..... ..... ...... _...... ..... ............ ............. ............. _........... BJH OO QOM\O �q �ZvlJ sa Q Y ~ Wof Z WQD WC7 0a_<>Z �q... 'w: > s.^ :.. D — Of W Pw.> �s........... IL................................�.....�............... a O�Q 00L� NOf J O Y.......�s...._........................�.............`.,,; ..... W W 7 � H W OZ� ui(DUa QOf D �v) >OZ Z_ ZUJ OHO a_ 5; JN= :20 ocn O0�Q ZQo 0a-> Qa- H I 0 00 N L6 Lri 00 co ofof � v (mom Oo > W z a_ W LL: LL: LL. LL: LL; LL vi vi vi vi vi vi O z v) N CO O � � n r -r- O roO V) O a OWO Z ON n N N 2 o Z LU W O O Of z QI z Lo LLI 1 ( 7 t o LL 1 I {I �I �. =.... ......... ...._ cr W — z { D �{ bs ( x a LO s 45 �Y W � W m I..L O = y, 4 OH t� +�� m W - . ......... OO ) J() . .... Nr OZIn WQQ � � ._......qq �w.. .. O . O d .. .,,.<.�.. Il.u.11 f�, L� Q v) (n U OZW C'w y �� Q Ld OW 4' ..... ..... ...... _...... ..... ............ ............. ............. _........... BJH OO QOM\O �q �ZvlJ sa Q Y ~ Wof Z WQD WC7 0a_<>Z �q... 'w: > s.^ :.. D — Of W Pw.> �s........... IL................................�.....�............... a O�Q 00L� NOf J O Y.......�s...._........................�.............`.,,; ..... W W 7 � H W OZ� ui(DUa QOf D �v) >OZ Z_ ZUJ OHO a_ 5; JN= :20 ocn O0�Q ZQo 0a-> Qa- H I Y azoQ cn W aw O (mom Q > W z a_ W Q >- O zQQ a w o o LLJ a_ O z v) v) CO O � a_ a - Nm O O O V) O a (D Z a� Q 2 o Z LU W O O Of z QI z Lo LLI 1 ( 7 t o LL 1 I {I �I �. =.... ......... ...._ cr W — z { D �{ bs ( x a LO s 45 �Y W � W m I..L O = y, 4 OH t� +�� m W - . ......... OO ) J() . .... Nr OZIn WQQ � � ._......qq �w.. .. O . O d .. .,,.<.�.. Il.u.11 f�, L� Q v) (n U OZW C'w y �� Q Ld OW 4' ..... ..... ...... _...... ..... ............ ............. ............. _........... BJH OO QOM\O �q �ZvlJ sa Q Y ~ Wof Z WQD WC7 0a_<>Z �q... 'w: > s.^ :.. D — Of W Pw.> �s........... IL................................�.....�............... a O�Q 00L� NOf J O Y.......�s...._........................�.............`.,,; ..... W W 7 � H W OZ� ui(DUa QOf D �v) >OZ Z_ ZUJ OHO a_ 5; JN= :20 ocn O0�Q ZQo 0a-> Qa- H I Cx) IV -7,;' 7777-- 77. . .... .. .. . .... .. ......... .... ...... . . . .... .. .... .. .. .... ... . . ..... . . . .. . .... Up x na. . .... . ...... . ........... . ....... . ............ .......... ... ........ ..... ............ -.- ....... ... .. ... ............ .... ... ........ .. . ...... . . . ....... ... ... ... ........ ..... . ... .. .. . .. ....... ..... ..... 7-- .... . .......... ... ..... . .. .. . .......... ...... . ........ ... . .......... . ........... . . . . . . ............ .. ........ . .... . ....... . ....... . ....... XJ ��O . ... ........ "I t'g iY ...� I c",', ,i`.,4'.Y�'.C,f �Y `` ..>4'. c�'r.X Y�, stiy;> x� � � i' II �,`I I�J�,I� `, I 6�"# V . ............ ......... . ............ 7. '015 L2 dx . .................. .... ui Kj K 0 ko 43 x\q �"S ............................................................................... 'ca '91b 0 1 � 1 . ..... ..... . ..........S.x. G C.. . ........... . ...... . ..... . . 700 .......... ........... ..... . .... . ........ . ..... . . ........ .......... ..... . . ........ . ........ . .... ...... ........ 1p 177� ..... ..... ........ .. CSS ....... ---- c' .... ........... ............. ............ . ..... ..gggg . ..... ...... . yJ ......... ......... .......... .... ....... ........... . . . . . . ... . . .......... 0 z po 0 1 � 1 Ilu — .UG b c ` LU O G 'w - V c rn c I? U, ~QD J Z U� On' w� of v6 w� >_ O(D J C:l ............. J,CAIL . . . . . . .......... ........... . LL m. AL u . ......... ... . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . J Z w �f 0 Q • 0 �CRa Q Z 0 r� U N L j 0 cU U w GON w Z z 0 4 M 06 �o 00 " Ea ■ Asa ea yea „ ■ �ea o • rrl a w UJ =E N ao 1 Q • 0 �CRa Q Z 0 r� U N L j 0 cU U w GON w Z z 0 4 M 06 �o 00 raa „ ea yea „ a �a #ea i1F.• Hca •�il�e rrl a w UJ =E N ao 1 Q w UJ UO N C6 Q 0 Q Z 0 r� U N L j 0 cU U w GON w Z z 0 4 M 06 �o 00 Q w UJ UO N C6 Page 116 of 128 DiMeo Bros., Inc., 720 Richard Lane Phone 847.640.2240 Elk Grove, IL 60007 Fax 847.640.2221 "EXHIBIT 5" Dec 29th, 2023 Village of Mt Prospect Attn: Ann Choi 50 S Emerson St Mt Prospect, TL 60056 Dear Ann, Pursuant to the DiMeo Brothers' proposal to purchase 2400 Oakton and rezone it for conditional use, allow this document to serve as Exhibit Q in support of approval: DiMeo Bros. seeks compliance with and will abide by village ordinance Section 14.2104(G) regarding construction materials. Our proposed site will strictly serve as a maintenance and storage yard. Delivery to/from our site typically consists of dirt, asphalt, concrete, stone, and topsoil. Our onsite shop typically handles hard steel, hard plastic, and concrete. Our company does no manufacturing of any sort; and does not engage in the direct use or application of toxic and explosive materials. Thank you very much for your attention to these matters. Sincerely, Mark DiMeo DiMeo Bros., Inc. go John DiMeo DiMeo Bros., Inc. Page 118 of 128 o Illinois Department Natural, Resources ��_...a...................oColleen Callanan, Director ir ctor One Nat rdl C�.r;sova c,, Way �l�rr�r� i�� lrl; l k'rx yr ��:" 02 271 �r a�•s�U A h war w.drm filino!�r,go r ��r�r`" Office of Water Resources w 2050 West Stearns Road . Bartlett, Illinois 60103 April 20, 2022 SUBJECT: Permit No. NE2022024 2400 Oakton Street Development Higgins Creek Cook County, Application No. N20210075 Aleksandar Mimic 2400 Oakton 2400 East Oakton Street Arlington Heights, Illinois 60005 Dear Mr. Mimic: Enclosed is Illinois Department of Natural Resources, Office of Water Resources Permit No. NE2022024 authorizing the subject project. This permit does not supersede any other federal, state or local authorizations that may be required for the project. Please be advised that the Illinois Department of Natural Resources, Office of Realty & Capital Planning (ORCP) participates in the regulatory programs of the U.S. Army, Corps of Engineers (USACE) and may review this project if a USACE Section 10 or 404 permit is required. Issuance of a permit by the Office of Water Resources does not preclude ORCP's provision of comments and/or recommendations, primarily related to biological effects of the action, to the USACE and other federal agencies concerning your project. If any changes of the permitted work are found necessary, revised plans should be submitted promptly to this office for review and approval. Also, this permit expires on the date indicated in Condition (13). If you are unable to complete the work by that date, the permittee may make a written request for a time extension. Please contact Mark Hoskins of my staff at (847) 608-3116 if you have any questions. Sincerely, aa','�- Y 4�e� William T. Boyd, P.E. Chief, Northeastern Illinois Regulatory Programs Section WTB/MH; Enclosure cc: Chicago District, U.S. Army Corps of Engineers Cook County Department of Highways Dave Kamano, Civil and Environmental Consultants, Inc. Page 119 of 128 Page 120 of 128 PERMIT NO. NE2022024 DATE: April 20, 2022 State of Illinois Department of Natural Resources, Office of Water Resources Permission is hereby granted to: 2400 Oakton 2400 East Oakton Street Arlington Heights, Illinois 60005 to excavate and regrade the channel and install an outfall in the floodway of Higgins Creek in the Southeast Quarter of Section 21, Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, in accordance with an application dated May 5, 2021, and the plans and specifications entitled: FINAL ENGINEERING PLANS, 2400 EAST OAKTON STREET, MOUNT PROSPECT, ILLINOIS, COVER SHEETS, C300, C301, C400, C401, C601, ALL DATED MAY 7, 2021, ALL RECEIVED MAY 12, 2021, AND FIGURE 10, DATED MARCH 2022, RECEIVED APRIL 4, 2022. Examined and William T. Boyd, Chi6f Northeastern IL Regulatory Programs Section h Wobig, ce of Wat4 Colleen Callahan, Director Department of Natural Res contained Page 121 of 128 PERMIT NO. NE2022024 THIS PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: 1) This permit is granted in accordance with the Rivers, Lakes and Streams Act "615 ILCS 5." 2) This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the activity or any part thereof will be located, or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties. 3) This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or invasion of private rights. 4) This permit does not relieve the permittee of the responsibility to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approvals frorr any federal or state agency to do the work, this permit is not effective until the federal and state approvals are obtained. If construction does not begin within two years of the date of this permit, the permittee must submit the project to EcoCat(http://dnr.illinois.gov/EcoPublic/) for an updated consultation under the Illinois Endangered Species Protection Act and the Illinois Natural Areas Preservation Act. 5) The permittee shall, at the permittee's own expense, remove all temporary piling, cofferdams, false work, and materia incidental to the construction of the project. If the permittee fails to remove such structures or materials, the Department may have removal made at the expense of the permittee. 6) In public waters, if future need for public navigation or other public interest by the state or federal government necessitates changes in any part of the structure or structures, such changes shall be made by and at the expense of the permittee or the permittee's successors as required by the Department or other properly constituted agency, within sixty (60) days from receipt of written notice of the necessity from the Department or other agency, unless a longer period of time is specifically authorized. 7) The execution and details of the work authorized shall be subject to the review and approval of the Department. Department personnel shall have the right of access to accomplish this purpose. 8) Starting work on the activity authorized will be considered full acceptance by the permittee of the terms and conditions of the permit. 9) The Department in issuing this permit has relied upon the statements and representations made by the permittee; if any substantive statement or representation made by the permittee is found to be false, this permit will be revoked; and when revoked, all rights of the permittee under the permit are voided. 10), In public waters, the permittee and the permittee's successors shall make no claim whatsoever to any interest in any accretions caused by the activity. 11) In issuing this permit, the Department does not ensure the adequacy of the design or structural strength of the structure or improvement. 12) Noncompliance with the conditions of this permit will be considered grounds for revocation. 13) If the construction activity permitted is not completed on or before Dec mbLar 2024 this permit shall cease and be null and void. Page 122 of 128 DiMeo Bros., Inc. 720 Richard Lane Elk Grove, IL 60007 "EXH1131T 10" Dec 29th, 2023 Village of Nfi Prospect Attn: Ann Choi 50 S Emerson St Mt Prospect, IL 60056 Dear Ann, . 1 0 a - ; . # A 12;t� Pursuant to its purchase of the property located at 2400 Oakton, DiMeo Bros. seeks reimbursement From the Village ofMt Prospect 613/'FIF funding opportunities for small businesses. DiMeo Bros. has chosen and is aggressively pursuing making this property our new ]ionic. We estimate that DiMeo Bros. will need to invest roughly $12,485,000 to transform this vacant land into a state -of -the art facility that will meet our business needs. In addition to the purchase price near $3,850,000, we estimate additional funding of $3,635,000 for site remediation and approximately $5,000,000 in construction costs. DiMeo Bros. recognizes that it will be necessary to improve some village property as kvell. We intend to develop and upgrade the existing right-of-way on Oakton Avenue with new sidewalk and landscaping. This aesthetic measure will help spark future interest and development in the area. Also, we intend to remediate Higgins Creek, which will benefit. the drainage system for both our site as well as the surrounding at -ca. With these efforts in mind, please consider working with LIS in developing a plan for the use of 6B/'FIF funds, We welcome your Suggestions and guidance in helping to streamline this process. Thank you very much for your attention to these matters. Sincerely, 7W4"re(' Z)(I&O Mark DiMco, DiMeo Bros., Inc. �640zsZ)(V1601 .John DiMeo DiMeo, Bros., Inc. Page 123 of 128 2400 Oakton St. Mt. Prospect Projected Costs Civil / Site Development Land Acquisition Asphalt Paving Civil Engineering Concrete Curb / Sidewalks Excavation / Site Utilities Fencing Footings / Walls / Slab Landscaping Site Lighting Subtotal Building Development Architecture Alarms / Security Awnings Cabinets Carpentry Carpeting Doors Electircal / Lighting Furniture Garage Doors HVAC IT Mason Painting Plumbing Pre -cast Roofing Sign Steel Tile Windows Subtotal Grand Total $3,850,000 $750,000 $85,000 $250,000 $3,750,000 $200,000 $400,000 $50,000 $100,000 $9,435,000 $50,000 $60,000 $30,000 $25,000 $400,000 $30,000 $25,000 $250,000 $300,000 $70,000 $250,000 $25,000 $50,000 $150,000 $150,000 $400,000 $200,000 $10,000 $425,000 $50,000 $100,000 $3,050,000 $12,485,000 Page 124 of 128 MAYOR Paul Wm. Hoefert TRUSTEES Vincent J. Dante Agostino S. Filippone Terri Gens William A. Grossi John J. Matuszak Colleen E. Saccotelli VILLAGE MANAGER Michael J. Cassady [cunt Prospect VILLAGE CLERK Karen Agoranos 1 Phone: 847/962-6000 Fax: 847/962-6022 www.mountprospect.org Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, Illinois 60056 January 8, 2024 Dimeo Bros. Inc. Attn: Mark DiMeo 720 Richard Lane Elk Grove Village, IL 60007 Via e-mail: john(cr�,dimeobros.com Re: 2400 E. Oakton Street / Conditional Use for Contractors' Storage Yard / Review #2 Comments Dear Mr. Dimeo, The Village of Mount Prospect has reviewed the submittal requesting conditional use approval for a contractors' storage yard and has the following review comments. A review response letter should be submitted with the revised plans stating how each comment was addressed: Planning Division: 1. Revise the Responses to Conditional Use Standards #2 to correct the reference to "residential" in the third sentence. The subject property is located along industrial roads, and adjoining neighbors are industrial. 2. Landscape Plan (can be addressed during building permit submittal): a. Remove from the landscape plan all parkway trees and the parkway tree plant schedule specifying the trees to be planted by the Village as the Village will determine the types and locations of the parkway trees. b. Delete all perimeter shades trees that are located outside of the property boundaries. All required perimeter shade trees shall be planted within the property boundaries. c. Shrubs to be installed shall meet the minimum criteria at time of installation: i. Fifty percent (50%) of shrubs shall be deciduous and fifty percent (50%) evergreen. ii. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). iii. For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3'). 3. Per Section 14.314: Outdoor Lighting Regulations: Full cutoff luminaries with a total cutoff angle of not more than 90 degrees and flat lenses are required. Wall lights, where used, shall be full cutoff and fully shielded. Page 125 of 128 Village of Mount Prospect I Page 2 a. Tilt angles for "AWFD" light fixtures should be zero to comply with full cutoff requirement. b. Provide details for proposed light poles and foundations at time of building permit submittal. 4. Please provide the height of the stored construction material that will be visible above the proposed 8 -foot -tall perimeter fence. 5. If the Conditional Use is approved by the Village, a Plat of Consolidation will be required to consolidate the three lots into one. The applicant shall submit a plat of consolidation application prior to building permit submittal; the plat shall be recorded with Cook County prior to the issuance of any Certificates of Occupancy. 6. Page 1 of the Traffic Impact Statement states that Oakton Street is under the jurisdiction of the Village of Mount Prospect but this statement should be revised to state that Oakton Street is under the jurisdiction of IDOT. Building Department: 7. For the permit submittal, the appropriate code analysis, architectural, structural mechanical electrical plumbing energy and accessibility drawings shall be prepared for permit application review to the Village. This preliminary review does not constitute approval of the building permit application. Public Works Department: 8. Engineering/Public Works has no objections to the use proposed for the site. However, it must be noted that several challenges exist to developing this site (the proximity of Higgins Creek and the associated floodplain, utility easements across the site, etc.). These challenges were detailed in our previous review, and discussed with the owner and design engineer. No Code variations or exceptions were requested or are recommended for approval. The design will have to meet all Village, and other agency (MWRD, IDNR, TDOT, FEMA, etc.) requirements. This includes the possibility of having to obtain a Conditional Letter of Map Revision (CLOMR) from FEMA prior to beginning construction. Fire Department: The petitioner is advised of the following conditional approval comments from the Fire Department: 9. Additional fire hydrants may be required for this project. Hydrants shall be provided around the perimeter of the building at a maximum of three hundred feet (300') spacing measured along access roads. Such hydrants shall be installed not more than fifty feet (50') nor less than twenty- five feet (25') from the building. Fire hydrants will be required within three hundred feet (300') (spacing) around the entire building. An additional fire water loop will be required along the front of the building based on the configuration around the building. A minimum of 10 -inch water main will also be required to meet minimum water flow requirements. The petitioner is advised that the following items must be included in the building/site plans submittal: 10. A fire sprinkler system following NFPA 13 will be required for this project for all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and equipment cut sheets are submitted for review. Page 126 of 128 Village of Mount Prospect I Page 3 Village of Mount Prospect Fire Prevention Code, 24.202 11. A fire alarm system will be required for this project for all buildings. Ensure fire alarm shop drawings with point-to-point wiring diagrams, battery load calculations, and equipment cut sheets are submitted for review. Village of Mount Prospect Fire Prevention Code, 24.204 12. All new sprinkler risers and associated equipment shall be in a separate room with a minimum of one hour of construction. 13. Fire hydrants are shown to be supplied from water mains throughout the new development. Water flow calculations will be required to verify that the new proposed water main sizes can meet the required fire flow GPM demand. The minimum fire flow for an industrial occupancy is 3000 gallons per minute at 20 PSI residual pressure. This documentation must be provided to the Village of Mount Prospects Public Works Engineering Department for review and approval with a copy to the Mount Prospect Fire Department. Village of Mount Prospect Fire Prevention Code, 16.403 C 14. A minimum of three feet (3) clear space shall be maintained around the circumference of any new or existing fire hydrant, fire department connection, fire protection control valve or any other fire protection system component. 15. An egress plan must be provided for the space. This plan must include occupant loads, travel distances, egress widths, and common path of travel distances. An egress plan will be required when the building plans are submitted for review. Additional exits may be required. 16. All egress doors are to use keyless locksets on the egress side. No flush bolts, dead or draw bolts, etc. will be allowed. Life Safety Code, 7.2.1.5.1 Please make the changes as noted above and submit a point -by -point response letter and pdf files of the drawings. You may e-mail the digital copy. Feel free to contact me at (847) 818-5314 / achoi@mountprospect.org if you have any questions. c: File Sincerely, 1I; MAN Ann Choi Development Planner Community Development Page 127 of 128 MAYOR Paul Wm. Hoefert TRUSTEES Vincent J. Dante Agostino S. Filippone Terri Gens William A. Grossi John J. Matuszak Colleen E. Saccotelli VILLAGE MANAGER Michael J. Cassady [cunt Prospect VILLAGE CLERK Karen Agoranos 1 Phone: 847/962-6000 Fax: 847/962-6022 www.mountprospect.org Village of Mount Prospect 50 S. Emerson Street, Mount Prospect, Illinois 60056 January 12, 2024 Dimeo Bros. Inc. Attn: Mark DiMeo 720 Richard Lane Elk Grove Village, IL 60007 Via e-mail: john(cr�,dimeobros.com Re: 2400 E. Oakton Street / Conditional Use for Contractors' Storage Yard / Review #3 Comments on Traffic Impact Statement Dear Mr. Dimeo, The Village of Mount Prospect has reviewed the submittal requesting conditional use approval for a contractors' storage yard and has the following review comments on the Traffic Impact Statement that was submitted on 01/04/2024. Please be ready to address each comment in addition to the comments provided in the review letter dated 01/08/2024 at the public hearing and provide a review response letter addressing comments provided in both review letters. Public Works Department: PW's comments regarding the Traffic Impact Statement: 1. Correct the report to note that Oakton Street is under IDOT jurisdiction. 2. The report notes 6 drivers, but the plans show 24 truck parking spaces. Confirm that the TIS considers future/full use of the site. 3. Because of the proximity to Badger Road, PW does not support two (2) driveways onto Oakton Street. However, the Village will defer to IDOT. Please make the changes as noted above and submit a point -by -point response letter and pdf files of the drawings. You may e-mail the digital copy. Feel free to contact me at (847) 818-5314 / achoi@mountprospect.org if you have any questions. c: File Sincerely, Ann Choi Development Planner Community Development Page 128 of 128