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HomeMy WebLinkAbout8.2 1st Reading of AN ORDINANCE AMENDING ORDINANCE NO. 3777 GRANTING A SPECIAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT, AMENDED BY ORDINANCE NO. 4065, FOR PROPERTY LOCATED AT 1600 BISHOP COURT, MOUNT PROSPECT, ILLINOIS (PZ-12-26MORA r Item Cover Page Subject 1st Reading of AN ORDINANCE AMENDING ORDINANCE NO. 3777 GRANTING A SPECIAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT, AMENDED BY ORDINANCE NO. 4065, FOR PROPERTY LOCATED AT 1600 BISHOP COURT, MOUNT PROSPECT, ILLINOIS (PZ-12-26) Meeting July 21, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) N Dollar Amount Budget Source Category NEW BUSINESS Type Action Item Information The Petitioner (Wingspan Development Group LLC) is seeking conditional use approval to amend an existing Planned Unit Development (PUD) to construct a light industrial warehouse / office building and complete related site modifications at 1600 Bishop Court (the Subject Property). The proposal requires Village Board approval for a conditional use to amend the existing PUD. The proposal meets the requirements and standards related to the Village Code, and Staff is supportive of the request. Discussion BACKGROUND The Subject Property is located at 1600 Bishop Court at the southwest corner of the intersection of Kensington and Wolf Roads. The Subject Property is zoned I-1 Limited Industrial District and is part of a Planned Unit Development (PUD) that was established in 1987 and amended in 1989. The project site is improved with an existing four-story, 96,000 square foot office building that was occupied by NTN USA Corporation from 1992 through 2025. Vehicular access is provided by an existing curb cut at the east end of Bishop Court (cul-de-sac) within the Kensington Business Center (KBC) and cross access is provided between the Subject Property and the adjacent property to the south. PROPOSAL The Petitioner proposes to demolish the existing vacant office building and construct a single - story, 40-foot-tall, Class A. 97,605 square -foot industrial warehouse facility and related site improvements. The proposed development is being constructed on a speculative basis and is intended to accommodate a broad range of industrial users, including light manufacturing, logistics and distribution, e-commerce fulfillment, and technology -enabled assembly operations. The submission includes an alternate site plan to accommodate a prospective tenant that has expressed interest in the property but has not finalized their site selection. Site Plan: The primary site plan eliminates one of three existing access points, leaving the primary access at Bishop Court and one cross access to 1660 Feehanville Drive. The proposed building will measure 421 feet by 275 feet and 40 feet in height, with a gross floor area of +/- 97,605 square feet. The building will be set back 91.2 feet from Kensington Road and 40 feet from Wolf Road. Proposed total lot coverage is 79.0%. The alternate site plan resembles the primary site plan, but with a smaller building, more parking, and a new curb cut onto Kensington Road for use by employee passenger vehicles. The alternate building measures 372 feet by 275 feet and 40 feet in height, with a gross floor area of +/- 92,343 square feet. The alternate building will be set back 91 feet from Kensington Road and 47 feet from Wolf Road. Proposed total lot coverage is 76.9%. Elevations and Floorplans: The proposed building shell for the primary site plan has approximately 87,356 square feet dedicated to warehouse use (89.5%) and 10,249 square feet dedicated to office use (10.5%). The south side of the building will be able to accommodate up to 20 truck docks. The primary fagade material is painted precast concrete, with punch windows and second -floor glazing at the corner storefronts to enhance visual interest. The brise-soleil/awning at the storefronts consist of fabricated architectural steel. The building will utilize internal downspouts, and no exposed roof drains will be located along Wolf or Kensington Roads. The proposed building shell for the alternate site plan has approximately 82,647 square feet dedicated to warehouse use (89.5%) and 9,969 square feet dedicated to office use (10.5%). The elevations and materials proposed for the alternate building would be consistent with the primary building proposal. Traffic and Parking: The primary site plan includes 92 parking stalls and up to 20 truck docks (2 drive-in and 18 elevated). Staff estimates 100 parking stalls would be needed to meet minimum off-street parking requirements for the proposed floor area dedicated to office and warehouse. Vehicular traffic would primarily access the site at the Bishop Court curb cut, with passenger vehicles directed to the west and north side of the site, and trucks directed to the south side of the site. The Petitioner is proposing modifications for the Bishop Court island to accommodate truck access to the site, including a mountable curb and a three-foot wide concrete band around the traffic circle. The Fire Department requires a fire lane on the east side of the building, which would be gated and signed for emergency vehicle use only. Staff finds that the primary site plan would route vehicular traffic into the Kensington Business Center in a manner consistent with existing traffic patterns and at a level acceptable for an industrial business park bound by major and minor arterial roads. The alternate site plan includes additional parking stalls and a new curb cut onto Kensington Road. The Petitioner depicts 150 parking stalls and up to 10 truck docks. Staff estimates 95 parking stalls would be needed to meet minimum off-street parking requirements for the alternate floorplan. The curb cut on Kensington Road would allow right -in -right -out access to the site and is intended for employee use only. This stretch of Kensington Road is under the jurisdiction of the Illinois Department of Transportation (IDOT) and a new curb cut would ultimately be subject to the approval of IDOT. The Village will accept the alternative site plan with access to Kensington under the following conditions: 1) the Subject Property may only be utilized for a pharmaceutical user; and 2) the Kensington Road access will be designed with sufficient traffic controls to allow employee access only, prevent stacking onto Kensington Road, and discourage cut through traffic. Landscaping: The Petitioner proposes to remove 29 trees to enable the construction of the new parking lot and fire lane. The Petitioner will preserve existing mature berm landscaping along Kensington and Wolf Road to the greatest extent possible, and proposes a mix of deciduous and evergreen trees and shrubs to fill in any gaps. The landscape plan depicts continuous landscaping of evergreen spruce and juniper varieties along the entire south lot line to screen the loading docks from view. Exterior Lighting: The Petitioner intends to install three light poles on the south side of the site and 14 wall mounted fixtures. All proposed fixtures are standard LED luminaires that are full cut-off with flat lenses. A fully compliant photometric plan will be required as part of building permit submittal. Other Departments: Public Works will require that the Bishop Court island be preserved as much as possible, maintaining the counter -clockwise traffic pattern. Public Works is also requiring the Petitioner to evaluate the closure of the southeast cross -access point to better separate trucks from personal vehicles. PUBLIC COMMENT As of this writing, Staff has received eight written public comments and one phone call from a resident. Six people provided public comment at the Planning and Zoning Commission hearing on July 9th 2026. Public commenters expressed concerns about traffic safety, especially the potential increase in truck traffic associated with new industrial development. Commenters noted that children, pedestrians, and cyclists frequently use paths and sidewalks within the Kensington Business Center (KBC) and surrounding streets, and several commenters referenced recent accidents to highlight existing safety challenges. They requested updated traffic studies, potential traffic - calming measures, and better separation of truck and passenger vehicle movements. Some were concerned that industrial expansion would worsen queuing, visibility, and pedestrian vulnerability along Wolf Road, Kensington Road, and at key KBC entrances. Several commenters questioned whether a large warehouse building aligned with the original intent of the business park and whether it would negatively impact their neighborhoods' quality of life. They raised concerns about noise, emissions, lighting, aesthetics, crime, and the warehouse's visual prominence at a gateway location. A few noted that they value the park's trail system, natural landscaping, and felt their neighborhood's needs had been overlooked in the proposal. Others discussed late night operations, truck unloading noise, and previous challenges with nearby industrial users. PUBLIC HEARING The Planning and Zoning Commission reviewed the request at the July 9th, 2026 Public Hearing. Discussion focused on whether approving both the primary and alternate site plans was appropriate without a confirmed end user. Commissioners questioned the implications of introducing a large industrial use at the "front door" of the Kensington Business Center, noting potential shifts in the area's original planning intent and concerns about establishing precedents for future access to public rights of way. They also highlighted issues surrounding hours of operation, lighting impacts, and compatibility with surrounding uses. Traffic circulation and safety were recurring themes. Commissioners discussed truck routing, turning radii, pedestrian safety within the business park, and whether the proposed Kensington Road access —restricted to right in/right out and employee use only —was necessary or potentially problematic. They questioned how effectively cut through traffic could be discouraged and whether approving two designs in advance adequately accounted for neighborhood concerns about increased truck presence. The Commission also discussed stormwater management requirements, nonconformities related to lot coverage and parking setbacks, and the feasibility of closing the southeast cross access point. Following discussion, the Planning and Zoning Commission added two conditions of approval relating to the closure of the southeastern cross -access point and methods to discourage cut through traffic. The Commission recommended approval of the conditional use request by a vote of 3 - 2 . STANDARDS AND FINDINGS Staff finds that the proposal has incorporated adequate measures to safeguard public health, safety, morals, comfort, and general welfare. The proposed new building and site improvements will reactivate a vacant office property with a warehouse / office use appropriate for an industrial business park. Staff would evaluate any future building permit and business license applications to determine if the proposed user constitutes a permitted or conditional use in the I-1 district. Future users would be required to meet minimum performance standards related to noise, vibrations, smoke, fire hazard, toxic matter, odorous matter, and glare. The Petitioner is taking necessary steps to meet public utilities, access roads, and drainage requirements for local and state agencies. Staff finds that the primary site plan would route vehicular traffic into the Kensington Business Center in a manner consistent with existing traffic patterns and at a level acceptable for an industrial business park bound by major and minor arterial roads. The Village will only approve the alternate site plan under a narrow set of conditions that limit the type of user for the building and the type of vehicles that can use the Kensington Road curb cut. The proposal is consistent with the Village Comprehensive Plan strategy to support redevelopment of underutilized properties and encourage the attraction and retention of businesses in the community that build on and strengthen the mix of uses at the Kensington Business Center. Staff finds that the standards have been met and recommends approval of the conditional use request. WAIVER OF 2ND READING The Petitioner requests that the Village Board waive the second reading and take final action at the July 21, 2026, meeting. Alternatives A. Approval of a conditional use to amend Ord. 3777 and Ord. 4065, known as the Planned Unit Development at the Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center, to redevelop the property located at 1600 Bishop Court, Case No. PZ-12-26, subject to the conditions listed in the attached ordinance. B. Action at the discretion of the Village Board. Staff Recommendation Approval of a conditional use to amend Ord. 3777 and Ord. 4065, known as the Planned Unit Development at the Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center, to redevelop the property located at 1600 Bishop Court, Case No. PZ-12-26, subject to the conditions listed in the attached ordinance. Attachments 1. PZ-12-26 Staff Report 2. PZ-12-26 Administrative Content 3. PZ-12-26 Plans VB 4. PZ-12-26 1600 Bishop Ct_Review 2_06.18.26 5. PZ-12-26 Minutes Draft 6. PZ-12-26 Public Comment VB 7. PZ-12-26 Request to Waive 2nd Reading 8. Ord. XXXX CU for Major PUD Amendment (1600 Bishop Ct) VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development Jason C Shallcross, AICP, CEcD Antonia Lalagos Director of Community Development Development Planner DATE: J u ly 2, 2026 CASE NUMBER PZ-12-26 PUBLIC HEARING DATE J u ly 9, 2026 APPLICANT/PROPERTY OWNER 1600 Bishop Partnership LLC / NTN USA Corporation PROPERTY ADDRESS/LOCATION 1600 Bishop Court BRIEF SUMMARY OF REQUEST The Petitioner (1600 Bishop Partnership LLC) is seeking conditional use approval to amend an existing Planned Unit Development (PUD) to construct a light industrial warehouse /office building and complete related site modifications at 1600 Bishop Court (the Subject Property). The proposal requires Village Board approval for a conditional use to amend the existing PUD. The proposal meets the requirements and standards related to the Village Code, and Staff is supportive of the request. 2026 Aerial Image 2026 Village of Mount Prospect Zoning Map r 900 i / till 900 KP'n'�ihotnn Rd EXISTING EXISTING LAND USE/ SURROUNDING ZONING & LAND USE SIZE OF ZONING SITE IMPROVEMENTS North: R-X Single Family Residential PROPERTY 1-1 Limited Vacant four-story office East: B-3Community Commercial /R-1 5.44acres Industrial PUD building Single Family Residential (Des Plaines) South: 1-1 Limited Industrial PUD West: 1-1 Limited Industrial STAFF RECOMMENDATION APPROVE APPROVE WITH CONDITIONS DENY H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx 1 BACKGROUND / PROPERTY HISTORY The Subject Property is located at 1600 Bishop Court at the southwest corner of the intersection of Kensington and Wolf Roads. The Subject Property is zoned I-1 Limited Industrial District and is part of a Planned Unit Development (PUD) that was established in 1987 and subsequently amended in 1989. The project site is improved with an existing four-story, 96,000 square foot office building that was occupied by NTN USA Corporation from 1992 through 2025. Vehicular access is provided by an existing curb cut at the east end of Bishop Court (cul-de-sac) within the Kensington Business Center and cross access is provided between the Subject Property and the adjacent property to the south. The proposal requires conditional use approval for a major change to the PUD. PROPOSAL The Petitioner, 1600 Bishop Partnership LLC, proposes to demolish the existing office building and construct a single -story, 40-foot-tall, Class A, 97,605 square -foot industrial warehouse facility and related site improvements. According to the Petitioner's application, the proposed development is being constructed on a speculative basis and is intended to accommodate a broad range of industrial users, including light manufacturing, logistics and distribution, e-commerce fulfillment, and technology -enabled assembly operations. The submission includes an alternate site plan to accommodate a prospective tenant that has expressed interest in the property but has not finalized their site selection. The Village is reviewing the proposal for a building shell and site plan that is consistent with the requirements of the existing 1-1 Limited Industrial zoning district. Approval of a PUD amendment would not constitute automatic approval of a future occupant. Staff would evaluate any future building permit and business license applications to determine if the proposed user constitutes a permitted or conditional use in the 1-1 district. Future users would be required to meet minimum performance standards related to noise, vibrations, smoke, fire hazard, toxic matter, odorous matter, and glare Listed in Village Code Section 14.2101. Site Plan: The primary site plan eliminates one of three existing access points, leaving the primary access at Bishop Court and one cross access to 1660 Feehanville Drive. The proposed building will measure 421 feet by 275 feet and 40 feet in height, with a gross floor area of +/- 97,605 square feet. The building will be set back 91.2 feet from Kensington Road and 40 feet from Wolf Road. Passenger vehicle parking is proposed along the west and north side of the site. A 13-foot-wide fire lane is proposed on the east side of the site, with a gate on either end to restrict access. Truck docks will be Located on the south side of the site, screened on either side by the south wings of the building. A trash enclosure will be built near the Bishop Court entrance. Proposed total lot coverage is 79.0%. The alternate site plan resembles the primary site plan, but with a smaller building, more parking, and a new curb cut onto Kensington Road for use by employee passenger vehicles. The alternate building will measure 372 feet by 275 feet and 40 feet in height, with a gross floor area of +/- 92,343 square feet. The alternate building will be set back 91 feet from Kensington Road and 47 feet from Wolf Road. A smaller number of truck docks are proposed for the south side of the site, screened by precast wall extending from the building. Proposed total lot coverage is 76.9%. Table 1 provides a comparison of the required setbacks and lot coverage for the primary and alternate site plan. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx 2 Table 1: Setbacks and Lot Coverage Requirements MR10549% Of ff ziffil WE Mw VffffffffffM///i(" I MR Fli, Minimum Required Yards Front East (Wolf) 30' 40' 47' Interior side South 15' 75' 75' Exterior side North (Kensington) 30' 91.2' 91' Re a r ya rd West 20' 77' 121 ' Minimum Parking Lot Setbacks Front East (Wolf) 10' (13-3 Mt Prospect) 30' (R-1 Des Plaines) 21.5' 21.52 30' 30' Interior side South 10' 10' 10' Exterior side North (Kensington) 30' (R-X Mt Prospect) 40.7' 22.3) Rear yard West 10' 13' 14' Max Lot Coverage - 75% 79.0% 76.9% Elevations and Floorplans: The proposed building shell for the primary site plan has approximately 87,356 square feet dedicated to warehouse use (89.5%) and 10,249 square feet dedicated to office use (10.5%). The south side of the building will be able to accommodate up to 20 truck docks. The primary facade material is painted precast concrete, with punch windows and second -floor glazing at the corner storefronts to enhance visual interest. The brise-soled / awning at the storefronts consist of fabricated architectural steel. The building will utilize internal downspouts, and no exposed roof drains will be located along Wolf or Kensington Roads. The proposed building shell for the alternate site plan has approximately 82,647 square feet dedicated to warehouse use (89.5%) and 9,969 square feet dedicated to office use (10.5%). The elevations and materials proposed for the alternate building would be consistent with the primary building proposal. Traffic and Parking: The primary site plan includes 92 parking stalls and up to 20 truck docks (2 drive- in and 18 elevated). Staff estimates 100 parking stalls will be needed to meet minimum off street parking requirements for the proposed floor area dedicated to office and warehouse. Vehicular traffic would primarily access the site at the Bishop Court curb cut, with passenger vehicles directed to the west and north side of the site, and trucks directed to the south side of the site. The Petitioner is proposing modifications for the Bishop Court island to accommodate truck access to the site, including a mountable curb and a three-foot wide concrete band around the traffic circle. According to the Petitioner, this design would allow larger vehicles to maneuver more safely while maintaining the functionality and appearance of the traffic circle, consistent with the streetscape throughout the business park. The Fire Department requires a fire lane on the east side of the building, which would be gated and signed for emergency vehicle use only. Staff finds that the primary site plan would route vehicular traffic into the Kensington Business Center in a manner consistent with existing traffic patterns and at a level acceptable for a mixed -use business and industrial park bound by major and minor arterial roads (Rand Road and Wolf Road, respectively). The alternate site plan includes additional parking stalls and a new curb cut onto Kensington Road. The Petitioner depicts 150 parking stalls and up to 10 truck docks. Staff estimates 95 parking stalls would be needed to meet minimum off street parking requirements for the alternate floorplan. The curb cut on Kensington Road would allow right -in right out access to the site and is intended for employee use only. This stretch of Kensington Road is under the jurisdiction of the Illinois Department of Transportation (IDOT) and a new curb cut would ultimately be subject to the approval of IDOT. To mitigate potential traffic concerns, the Village will accept the alternative site plan with access to H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx 3 Kensington under the following conditions: 1) the Subject Property may only be utilized for a pharmaceutical user; and 2) the Kensington Road access will be restricted to employee use only. Table 2 provides a comparison of the required minimum off street parking for the primary and alternate site plan. Table 2: Parking Minimums Primary Site Plan Warehouse 1 /1500 SF GLA 87356 59 Office 4/1000 SF GLA 10249 41 Total Req u i red 100 Total Provided 92 Alternate Site Plan Warehouse 1 /1500 SF GLA 82647 56 Office 4/1000 SF GLA 9696 39 Total Required 95 Total Provided 150 Landscaping: The Petitioner proposes to remove 29trees to enable the construction of the new parking lot and fire lane. The Petitioner will preserve existing mature berm landscaping along Kensington and Wolf Road to the greatest extent possible, and proposes a mix of deciduous and evergreen trees and shrubs to fill in any gaps. The landscape plan depicts continuous landscaping of evergreen spruce and juniper varieties along the entire south lot line to screen the loading docks from view. A four -foot (4') wide band of foundation landscaping is proposed for the north and east elevation of the building. Shade trees and live coverage will be added to parking lot islands throughout the site. The trash enclosure will be screened with six-foot (6') tall arborvitae. A fully compliant landscape plan, including a tree preservation plan and irrigation plan, will be required at the time of permit submittal. Exterior Lighting: The Petitioner intends to install three light poles on the south side of the site and 14 wall mounted fixtures. All proposed fixtures are standard LED luminaires that are full cut-off with flat Lenses. A fully compliant photometric plan will be required as part of building permit submittal. Signage: The Petitioner intends to remove the existing monument sign on Wolf Road and refurbish the monument sign on Kensington Road. The elevations depict wall signage, however, no sign plans were submitted for review. Relief from the sign code is not part of the PUD request and any signage proposed for the Subject Property will be required to meet the standards in Chapter 7 of the Village Code. Other Departments: Public Works will require that the Bishop Court island be preserved as much as possible, maintaining the counter -clockwise traffic pattern. Any costs associated with changes to the pavement, curb, lighting, utilities, and trees will be the responsibility of the developer. Any work within the Kensington Road right-of-way will require an IDOT permit. PUBLIC COMMENT As of this writing, Staff has received one public comment submission, which is provided in the attachments. Staff also received one phone call from a resident. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx STANDARDS AND FINDINGS The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit A and 1) accept them without changes, 2) accept them with changes, or 3) reject the findings. The Planning and Zoning Commission shall use the findings of fact to guide their recommendation to the Village Board. Staff finds that the proposed conditional use meets the applicable standards contained in the Mount Prospect Zoning Ordinance. Staff requests that the Planning and Zoning Commission make a motion to adopt Staff's findings as the findings of the Planning and Zoning Commission and recommend approval of the following motion: "A conditional use to amend Ord. 3777 and Ord. 4065, known as the Planned Unit Development at the Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center, to redevelop the property Located at 1600 Bishop Court, Case No. PZ-12-26, subject to the following conditions: 1. The Subject Property shall be developed in substantial conformance with the approved development plans which consist of the following (collectively the "Approved Plans"): a. The Primary Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting speculative industrial building containing approximately97,600 square feet of gross floor area; b. "Concept Elevations," prepared by Ware Malcomb and dated June 25, 2026; and C. "Overall Landscape Plan - Sheet L1.0," prepared by Kathryn Talty Landscape Architects and dated June 6, 2026; 2. The building wings or a precast wall shall extend at least as far south as the length of the truck docks to screen the dock area from Bishop Court and Wolf Road; 3. Continuous 6' evergreen landscaping shall be installed on the south lot line and the southernmost 75 feet of the east lot line to screen the loading docks from Wolf Road; 4. The developer shall make every effort to have minimal impact on the existing mature landscaping along Kensington Road and Wolf Road; 5. The Bishop Court island shall be preserved as much as possible maintaining the counter- clockwise traffic pattern, with final design subject to the approval of the Village Engineer; 6. The Alternate Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting a speculative industrial building containing approximately 92,000 square feet of gross floor area, may be implemented instead of the Primary Site Plan provided the following additional conditions are satisfied: a. The Subject Property may only be utilized for a pharmaceutical distribution center, pharmaceutical fulfillment center, pharmaceutical logistics facility, or another use primarily involving the warehousing and distribution of prescription medications and related health care products; b. The developer shall design the Kensington Road entrance to restrict access for employee use only and prohibit car stacking onto Kensington Road, subject to the approval of the Village Engineer and the Illinois Department of Transportation (IDOT); c. The developer shall make every effort to minimize parking lot encroachment on Kensington Road landscaping, including utilizing a retaining wall to maintain berm heights consistent with adjacent parcels along Kensington Road; H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docxJ d. Prior to issuance of a building permit for development pursuant to the Alternate Site Plan, the property owner or applicant shall submit documentation satisfactory to the Director of Community Development demonstrating that the proposed principal occupant will utilize the facility for one of the permitted uses identified herein; e. Upon written determination by the Director of Community Development that the proposed occupant satisfies the requirements of this Section, development in accordance with the Alternate Site Plan shall be deemed consistent with this Planned Unit Development and may proceed without further amendment to this Ordinance; and f. If the proposed occupant does not qualify as a pharmaceutical -related user, development of the property shall occur only in accordance with the approved Primary Site Plan unless a Planned Unit Development amendment is approved in accordance with the requirements of the Zoning Ordinance; 7. The developer shall address all comments included in the Village Review Letter dated June 18, 2026 prior to permit submittal; 8. Prior to the issuance of a building permit, the following plans shall be in full compliance with the Village Code: a. Photometric plan; b. Landscaping plan; and c. Sign plan; 9. The development shall comply withal[ applicable development, fire, building, and other Village Codes and regulations; and 10. Except for the amendment to the Planned Unit Development request granted herein, all other applicable Village of Mount Prospect, Illinois ordinances and regulations shall remain in full force and effect as to the Subject Property. 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: Jason C Shallcross, AICP, CEcD Director of Community Development H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx 6 Exhibit A Standards and Findings of Fact CONDITIONAL USE STANDARDS Section 14.203.F.8 of the Village of Mount Prospect Zoning Ordinance provides that a Conditional Use shall conform to the following requirements: 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; 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; 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; 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; 5. That adequate measures have been or will betaken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 6. That the proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and 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 and zoning commission. Petitioner's Findings: The Petitioner states that the site plan incorporates appropriate setbacks, Landscaping, screening, lighting controls, and operational considerations intended to minimize impacts on adjacent properties and preserve surrounding property values. The Petitioner notes that the proposal will support the normal and orderly development of the surrounding area by providing a high -quality industrial facility consistent with the established development pattern and zoning intent of the KBC. The Petitioner contends that the project represents an appropriate and productive use of the property that will contribute to the economic vitality of Mount Prospect. The Petitioner states that the site has been designed with adequate ingress and egress points to ensure safe and efficient vehicular circulation while minimizing traffic congestion on surrounding public streets, and that internal circulation, loading areas, and parking facilities have been planned to accommodate anticipated traffic volumes and operational needs. The Petitioner asserts that the proposed conditional use is consistent with the goals and objectives of the Village's Comprehensive Plan, including promoting appropriate industrial and employment -generating development in designated areas with access to necessary infrastructure and transportation networks. Staff's Findings: Staff finds that the proposal has incorporated adequate measures to safeguard public health, safety, morals, comfort, and general welfare. The proposed new building and site improvements will reactivate a vacant office property with an office / warehouse use appropriate for an industrial business park. Staff would evaluate any future building permit and business license applications to determine if the proposed user constitutes a permitted or conditional use in the 1-1 district. Future users would be required to meet minimum performance standards related to noise, vibrations, smoke, fire hazard, toxic matter, odorous matter, and glare. The Petitioner is taking necessary steps to meet public utilities, access roads, and drainage requirements for local and state agencies. Staff finds that the primary site plan would route vehicular traffic into the Kensington Business Center in a manner H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx consistent with existing traffic patterns and at a level acceptable for an industrial business park bound by major and minor arterial roads. The Village will only approve the alternate site plan under a narrow set of conditions that limit the type of user for the building and the type of vehicles that can use the Kensington Road curb cut. The proposal is consistent with the Village Comprehensive Plan strategy to support redevelopment of underutilized properties and encourage the attraction and retention of businesses in the community that build on and strengthen the mix of uses at the Kensington Business Center. Based on the information submitted, the surrounding uses, and the proposed development's compliance with the Village's zoning ordinance and long-range planning documents, Staff finds that the standards have been met and recommends approval of the conditional use request. GENERAL PLANNED UNIT DEVELOPMENT STANDARDS Section 14.504.A of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development shall conform to the following requirements: 1. Except as modified by and approved in the final Planned Unit Development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. The proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the Planned Unit Development; b. Traffic congestion in the streets which adjoin the Planned Unit Development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Petitioner's Findings: The Petitioner asserts that the development will provide substantial investment into the community through construction of modern industrial facility, creation of employment, expansion of the local tax base, and improvement of an underutilized property. The Petitioner states that the proposed site layout and access points have been designed to provide safe and efficient ingress and egress for employees, visitors, deliveries, and emergency services. Access to the site will be provided via Bishop Court and has been designed to support safe vehicular circulation throughout the development. The Petitioner contends that the development is not anticipated to create significant traffic congestion on adjoining roadways. The Petitioner states that the internal circulation, truck maneuvering, loading areas, and employee parking have been designed to efficiently accommodate projected traffic associated with the proposed use. Staff's Findings: The proposed speculative industrial building and site improvements will conform to the requirements of the 1-1 zoning district except as noted in the Staff report. Staff finds that an office / warehouse building in the Kensington Business Center is consistent with the Comprehensive Plan vision for the area and that any future users must meet the requirements of permitted or conditional uses in the 1-1 zoning district before approval of a building permit and business license. The proposal is in the public interest as it replaces an outdated, vacant office building with an attractive Class A industrial product. Staff finds that the proposal has been designed to provide safe access to the PUD, prevent traffic congestion in the streets which adjoin the PUD, and will not burden public parks, recreation areas, schools, and other public facilities which serve the PUD. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx STANDARDS FOR PLANNED UNIT DEVELOPMENTS WITH OTHER EXCEPTIONS Section 14.504.0 of the Village of Mount Prospect Zoning Ordinance provides that a Planned Development which does not comply with the requirements of the underlying zoning district's regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards shall conform to the following requirements: 1. Any reduction in the requirements of this chapter is in the public interest. 2. The proposed exceptions would not adversely impact the value or use of any other property. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. 5. All buildings are to be located within the planned unit development in such away as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: i. All structures located on the perimeter of the PUD must beset back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; ii. All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. The area of open space provided in a planned unit development shall beat least that required in the underlying zoning district. Petitioner's Findings: The Petitioner asserts that 78% impervious coverage is in the public interest as it allows fora more efficient industrial site layout while still providing appropriate landscaping, parking, and circulation. The Petitioner states that the requested exception is intended solely to accommodate an efficient and functional industrial site design while supporting high -quality development standards. The Petitioner notes that the proposal complies with applicable yard setbacks, transitional yards, and transitional landscape yards. The Petitioner states that landscaping and screening will be provided and/or preserved as required by Village standards. Staff's Findings: Staff notes that the proposal does not fully conform to lot coverage, off street parking, and parking lot setbacks, however, Staff finds the reductions are reasonable and in the public interest. Staff believes that the proposed exceptions will not adversely affect the value or use of adjoining properties, and are solely for the purpose of attracting a high -quality, contemporary user to the industrial business park. The Village is requiring the Petitioner to maintain existing mature landscape berms to the extent possible; provide continuous evergreen screening along the south property line; and ensure that the loading docks are screened on the sides by the building wings or by a pre -cast wall. H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-12-26 1600 Bishop Ct (CU -Major PUD Amendment).docx Mc-ount, Pr"'(W1.300 VI]Iage olf Maun't Prospect Deve1opment Department Community 50 S. Emerson Street Mount Prospect, Illinois 60110,56 Phone: (847) 818-5328 11111111liq I IIIII Official Use, Only (Td be compIll eted by'Village, Staff,,,,), Case Number: P=-Z&G,00,01 1 PZ.- 12-2 6 Date of Submission: 04/10/2026 Heading Date: 7/9/26 Project Narne./Address:. PZA 2-26,11600, B is,hop Ct ('Major PU D, Amend ment) Ii. Subj,ect Property 1600 Rishqp Ct Zoning District(s)".: 11* PropertyArea (SiqIIF"t,an,d/orAcr',.'�� Parcel Index (PIN(s)".: 03-35-200-061-0000 It. ZonMg� Request'(s) (CMck 611 thatappfy) Conditional Usia: 111=or PUID A.mendment (Major) Variation(s):To Zoning Map Amendment: IIE.ezone From 'TO Zon i ng Text A me nd me nt: Sectio n (s) Other: III. Summary off 1Proposdf (useseparate sll~ , lif, necessary) The subject Ilr � lllr IIIIs IIlocated at 1 0 IRishqp Caurt atthe sauthwest camer ofthe intersecdill ofKensington and WdIf Roads. The, subject Ilr � llrt IIIIs zaned 1-1 LI�miIed [ndustddl DIIstrid and Is part o�fa pianlned unII deveiopment ('PUD) thatwas estdb[islhed in 19,87 and subsequent1y amended in 1989.'Thei project site, is,, improveld withan existing 41-story, 96,01010 S��F'11-sq�ui,arielli-fc>otoff'iice building that was previdusiy occupibd IIby N1TN US,A Carparatian-A 1989 piat Ili�lln�dllilca,tes,tllht,tllh�ubject property IIIIs Lot 807 in Kensington Center — ResdbdiVisidn 28. V&fticdlar access IIIIs provideIby an exit[ng curb cut atIthe east end ofBishqp Court (c��ull�l-Ile-sac)willt�lhillni the Kensl[ngtIlan Busl[ness Center and cross access "I's provided IIbetwe&nthe subject property and the adjacentpropert y,to the souith. The appl[Icanit se6ks gi�Uidance on the approva] process for the subject property Wftidh [nd[udes the derno1ition ofthe existinfflic IIl idiidingl andthe canstructian o,f a siinglle-sill ry, 40,46oti-stall., Class, A, 9B.,430, squarell-fdot industrial warehouse, facility and reliated site [mprovelments. A user Ilhas not yet Ilbeen liidlntlilfliiad. tV. Applicant ('all corres,pondience, will be, sent tou thie, applicant) NamC�ftristop�her Cdleman Carporatidn: Wingspan Deve1opment iGroui��, Addreiss,,: C ity, State, ZI P C ode: Phone,,.: Interest in Property,,: Ercn&[I: V. Property Owner 0 Check if' Sariffle as AppIII ilea rat Name: IN T" N Usa CarporatiIlan Corporation: Address: 16,00, Bishop, Ct City', State,,Z[P Code'.: IMount Prospect, IL, 60056 Phone: Emaii: In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. 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: [Zoning Permit:::9724:::79799 WIDTH=OPX HEIGHT=OPX] Date: (Print or Type Name) Christopher Coleman 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 material. Property Owner: (Print or Type Name) Date: VIII "e Itag, , of M ou nt P ro sp ect .......... . commun1tv eve opmw epa me 'er 503 S. Em rson Street, Mount, Prospect, 11tinol 60?05,, Phone: (847) 818-5328 Property Owne,ry Check if Same as AppUcant Name:,, C o r p o rat ion N'TN USA 2,orp",ora'(,,io,n, Addres,&. oE,WolioeAd',R,,ld,,,Suit,e,400E' City't'sItate', ZIP Cod'ei­ Schaumbura and In all mwerials subm,itted inassiociation I hereby affifIrm that attinformailon provide,d hereln with this a ppticab truil, and accurat t the be,stvf my, knowledge*, 4/10, 1/2026 (P r int o r T ype N a me) I hereby desIgnate the applicant,to act as my agentforthe purpol,sce of seeking -the zoning request(s) d escri"bed M this- a piaalto n and the assoocil' ated SLI p pofti ng, mat a. 4o-,16 Property Owner*-- Date Si�ur (gna, Ken,su,,ke Janado . . ..................................... (PrInt or�; Type, Name) Mount Prospect Community Developimen,t, Department SOS Ernersol�n Street Mount ProsphelIL 60056h Dear, Molunt Prospect ComiIrnunitiy Development Dille plartment, 11600 Blisihop,41 ILIAC, on blehalf of the, Nicholas F&milyi oftiolimpanles, (FOC) and 8th Street Partners, I in, respell ctfuily submits thils Narrative olf Operavions aInid sluppiortibg Miaterialsiflor a Zo I 'qgReqgull est Aplipill lciatlion fur 16111ilshop, CoUrt., The Nir-holas, Fiamllylof Companiesianid th Sitrellet Partners, are plait neiring, to redevelifloilp the,, sitell with a 611,0115-sqII �aIIrle-folot, Class A rnidustrliaI bdu�iiiding Within thy, Kensington Rusin , Ik. Thiel 5.4-acrell site, currie,Mly containis a vacant office bluilding consitruicted in,, the 19190s, wilhich will Ike demilolisfield to accommodatell thile, new facility. The prOplosed dievellopi' mentis Ibleing constructed lion a splecUlativell'basis land Jis, intiendedl tio, acilcolimirniodate I I I a I I a broad range, i il�industriial users, in light, m nufacturing, liogistlics and d1stributiolin, el-coirnirnercie I I I fulfillmelint, and t"ie�chnoillogy-�ell�niabiill �eld assembill y operatilliciris. Thel blul"Iding"s design and sitrategic Illoiciation within the Kenslingt,'on Business Plark position it to serve com1panies, seeking high -quality induisitriliall space with efficileint access tio, regloinial transpiortatiioninfrasitructurei and a skilleld,ii, diveirse, labor,fSri ice. iasil l as in opip in, wel Prospielictive teniants may include loyal ,and! regiolinial firms, pursuing expansjo" 0 rituitiesill niationiall usilers seeking 'well 11-Jo cats d infill faci'litielis to sidupplort lasi't-mile, d ist r'! but lion networksi. The d I ��i ies, acri a ra nge-ofskill leviels, wh i le ievielopiment "is antilicipated t�,io gelinerate employmilent oppiortuniti fuhrither enhanic'nigil the Viof IM llage Iount Rrosipect's lindualistribase an4l coil nt rii' Ibut i ng to its overa"I'll t a ��x revemus. As, part, 's of this,, siuldim I sjonu, we Ihavie i ncluidIII idI an alter'nalit e s,ilte pilan� that Iprovidells, flexib"lity to 11 ion:s reg nga, pilot acicoimmoidatei a prospective teniant with whom, we have had ongoiling discussi i ia rid' elintlal buJlldl-to-suit opplartunity. IDilue to the,, conflildiential ni,ature of these dis,cussiolln, the tenant cannot Iblle, ditscloseld at thdis time. While our pirlmary Intent rem,ains to proceledl with the devilielloplimelint, as piroploseld, the aliternatie pil,an allows us,to relsipiond to this, Il P Pilo ritu, n it sholuld it, come,, to fruitilion. This, approach prery°sii,fIlII,exiI Ibil'ity fioir theiii i wihile einsurlin�g the prolill clain continue rinoving forward undier the current dlIli lvelolpment jpllan. oil n e Ihille r c h a n gel, will Id like to note is, till piropolisiel riecoinfiguratlotithe,, Bi°shop Co Isliand,, To,, s itrue �h mprove uck acces and we are, piropoSung a moun'tabile curb along with a 311-folot-wide I co ncrelitle,Ili n d a ro u n d it hile, e nti[re t raff i c �c ill rcl e III Th 'I's id elis ig n w i III a I liow la rige r ve hi c I elis t o t rack ovell m Ih,iell perimel when necessiary whilei maintiainingthe functilluurn ality, i appearance lof'the traffic drcle,, The 11111 111111111111111 iiiiii �l; � 1111111i I III! li ii l; ii III 'Mill ... . .. .. . . ....... im, M i. ou, aw, Christoph, Coleman 1,001 Feehanvilite, Drive, Motint, Prospect, 11601056, V I tLa ge ot M ou nt Prospect Community Devetopment Department S. Emerson, Street S V M ou nt P ro s1p e ct, 11 LU n o i's 600,56 818-5,328 Phone,(847 ,Affidavit of Ownership — - ------------- . .......... . ........ Kensuke lip IV u nde r o at h t st ate, t,h a t 1, a, m (print. name) p ro perty an owner of ith e p roperty ai n a u t h o riz ed off c e, r �'fo r t, h e ow n e r of' t h e p ro perty 1600 B"Ishop CourtMiount, Prosplect,111finols COMMonlydescribed ,,property address and PIN) PI'-200-06,15-0000 N 03-3,511 Ir NTN USACorporatton as, of thi, s d atle pe rty i's- own! e d by, (print name) A�?nsukelA#tad� 01 01, F Signatu,rle .......... . . .......... ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: issued by: 26001522NS NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Chicago Title Insurance Company By: Attest: Michael J. Nolan, President Marjorie Nemzura, Secretary This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. I ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 1 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ORIGINATING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT: Chicago Title Company, LLC Chicago Title and Trust Company 1701 Golf Road, #1-101 1701 Golf Road, 1-ste-101 Rolling Meadows, IL 60008 Rolling Meadows, IL 60008-4227 Main Phone: (847)758-4800 Main Phone: (847)758-4800 Main Fax: (847)758-4750 Email: ctrollingmeadows@ctt.com Issued By: Chicago Title Company, LLC 1701 Golf Road, #1-101 Rolling Meadows, IL 60008 Order Number: 26001522NS Property Ref.: 1600 Bishop Court, Mount Prospect, IL 60056 SCHEDULE A 1. Commitment Date: February 17, 2026 2. Policy to be issued: (a) ALTA Owner's Policy 2021 Proposed Insured: 1600 Bishop Partnership, LLC, a Delware limited liability company Proposed Amount of Insurance: $472007000.00 The estate or interest to be insured: Fee Simple (b) ALTA Loan Policy 2021 Proposed Insured: Lender with a contractual obligation under a loan agreement with the Proposed Insured, its successors and/or assigns as their respective interests may appear Proposed Amount of Insurance: $107000.00 The estate or interest to be insured: Fee Simple 3. The estate or interest in the Land at the Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested in: NTN USA Corporation, a Delware corporation 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V"1C' �k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 2 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS EXHIBIT "A" Legal Description LOT 807 IN KENSINGTON CENTER-RESUBDIVISION 28 IN PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF DATED JANUARY 10, 1990 AS DOCUMENT NUMBER 3852830 This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 3 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART I - Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner's Policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved. 7. Be advised that the "good funds" of the title insurance act (215 ILCS 155/26) became effective 1-1-2010. This act places limitations upon the settlement agent's ability to accept certain types of deposits into escrow. Please contact your local Chicago Title office regarding the application of this new law to your transaction. 8. Effective June 1, 2009, pursuant to Public Act 95-988, satisfactory evidence of identification must be presented for the notarization of any and all documents notarized by an Illinois notary public. Satisfactory identification documents are documents that are valid at the time of the notarial act; are issued by a state or federal government agency; bear the photographic image of the individual's face; and bear the individual's signature. 9. The Company may pay current year Cook County taxes when furnished an original tax bill at or before the time the Company is requested to make payments. If an original tax bill is not furnished, the Company will pay current taxes via ACH payment, which results in an additional $8.00 duplicate tax bill fee payable to Cook County and collected from the taxpayer at closing. 10. Note: The land lies within a county which is subject to the Predatory Lending Database Act (765 ILCS 77/70 et seq. as amended). A Certificate of Compliance with the act or a Certificate of Exemption therefrom must be obtained at time of closing in order for the Company to record any insured mortgage. If the closing is not conducted by the company, a certificate of compliance or a certificate of exemption must be attached to any mortgage to be recorded. Note: for Cook, Kane, Will and Peoria counties, the act applies to mortgages recorded on or after July 1, 2010. 11. The Company should be furnished a statement that there is no property manager employed to manage the Land, This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. " I ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 4 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART I - Requirements (continued) or, in the alternative, a final lien waiver from any such property manager. 12. The Company should be provided a statement from the borrower(s) relative to any mortgage identified in Schedule B disclosing whether the borrower(s) have entered into any forbearance or loan modification agreement with the lender relative to delayed or postponed payments or other restructuring of the debt secured by the mortgage. END OF SCHEDULE B, PART I This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 5 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions COMMITMENT NO. 26001522NS Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: General Exceptions 1. Rights or claims of parties in possession not shown by Public Records. 2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land. 3. Easements, or claims of easements, not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the Public Records. 6. We should be furnished a properly executed ALTA statement and, unless the land insured is a condominium unit, a survey if available. Matters disclosed by the above documentation will be shown specifically. 7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met. C 8. 1. Taxes for the year(s) 2024, 2025 and 2026 2026 taxes are not yet due or payable. 1 A. Note: 2025 first installment is due April 1, 2026 Perm tax# PCI Year 1 st I nst Stat 2nd I nst Stat 03-35-200-061-0000 1 of 1 2024 $3027878.70 Paid $266,115.52 Paid 2025 $312, 946.82 Unpaid D 9. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V°"1 C 'k' The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 6 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART II - Exceptions (continued) V 10. If work has been performed on the Land within the last six months which may subject the Land to liens under the mechanics lien laws, the Company should be furnished satisfactory evidence that those who have performed such work have been fully paid and have waived their rights to a lien. If evidence is not provided or is unsatisfactory, this commitment/policy will be subject to the following exception: Any lien, or right to a lien, for services, labor or material, heretofore or hereafter furnished, imposed by law, and not shown by the Public Records. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. W 11. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. E 12. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: NTN USA Corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a `parent' organization, a copy of the Articles and By-laws of the parent d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. U 13. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: 1600 Bishop Partnership, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V°"1 C 'k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. " I ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 7 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART II - Exceptions (continued) d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. F 14. Existing unrecorded leases and all rights thereunder of the lessees and of any person or party claiming by, through or under the lessees. G 15. Municipal Real Estate Transfer Tax Stamps (or proof of exemption) must accompany any conveyance and certain other transfers of property located in Mount Prospect. Please contact said municipality prior to closing for its specific requirements, which may include the payment of fees, an inspection or other approvals. H 16. Covenants, conditions and restrictions contained in Annexation Agreement dated May 2, 1980 and filed May 28, 1980 as Documents LR3162686 made fay and between Village of Mt. Prospect, an Illinois municipal corporation and American National Bank and Trust Company of Chicago, a national banking association, as Trustee under Trust Agreement dated February 10, 1979 and known as Trust Number 45771, Northern Illinois Gas Company and Rauenhorst Corporation, a Minnesota Corporation. (Affects the land and other property) 17. Declaration of Industrial Standards and Protective Covenants made by Opus Corporation, a Minnesota Corporation, authorized to do business in the State of Illinois as Opus Designers, Builders, Developers, Inc., dated May 19, 1986 and recorded July 31, 1986 as Document 86328202 and filed as Document LR3536483. 18. Easement and all covenants, conditions and restrictions affecting said easement reserved for and granted to Northern Illinois Gas Company, its successors and assigns for the installation, maintenance, relocation, renewal and removal of underground gas mains and underground appurtenances as shown on Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 and as shown on Plat of Kensington Center Resubdivision Twenty -One filed April 20, 1988 as Document LR3701855, over the West 10 Feet of a portion of the South 78.18 Feet as measured along the West line of Lot 807 as shown within the dotted area marked "A". K 19. Easement and all covenants, conditions and restrictions affecting said easement reserved for and granted to the Commonwealth Edison Company and Central Telephone Company, their successors and assigns for the installation, operation, maintenance, relocation, renewal and removal of underground transmission and underground distribution of electricity sounds and signals, as shown on Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 and as shown on Plat of Kensington Center Resubdivision Twenty -One filed April 20, 1988 as Document LR3701855 described as This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V°"1 C 'k' The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 8 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART II - Exceptions (continued) follows: Over the East 10 Feet of the West 20 Feet of Lot 807 and over a portion of the South 78.18 Feet as measured along the West line of Lot 807 as shown within the dotted area marked "B". 20. Easement and all covenants, conditions and restrictions affecting said easement reserved for and granted to the Village of Mt. Prospect, its successors and assigns, for the installation, operation, maintenance, relocation, renewal or removal of underground water main appurtenances, underground storm sewers and swales and underground sanitary sewers as shown on Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 and as shown on Plat of Kensington Center Resubdivision Twenty -One filed April 20, 1988 as Document LR3701855, described as follows: Over the West, North and East 10 Feet of Lot 807. M 21. A non-exclusive and all covenants, conditions and restrictions affecting said easement reserved for and granted to the Cable Communication Franchisee for the installation, operation, maintenance, relocation, renewal or removal of underground cables, and underground equipment for the transmission and distribution of Cable Television Service as shown on Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 Kensington Center Resubdivision Twenty -One filed April 20, 1988 as Document LR3701855 described as follows: Over the East 10 Feet of the West 20 Feet of Lot 807 and over a portion of the South 78.18 Feet as measured along the West line of Lot 807 as shown within the dotted area marked "E". N 22. Covenants, conditions and restrictions as shown as Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 and as shown on plat of Kensington Center Resubdivision Twenty -One filed April 20, 1988 as Document LR3701855 that no buildings or other structures shall be constructed or erected in any "easement area", street, alley, other public ways or places, nor shall any other use be made thereof which is inconsistent or interferes with the easements reserved and granted therein. O 23. 40 Foot building and parking lot set back line as shown on Plat of Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as Document LR3852830 and as shown on Plat of Kensington Center Resubdivision Twenty -One filed April 20, 1988 as document LR3701855 over the North and East line of Lot 807. P 24. 35 Foot easement for ingress and egress for shared access between Lots 806 and 807 over the Southwesterly line of Lot 807 and the Northwesterly line of Lot 806 as created by Kensington Center - Resubdivision Twenty Eight filed January 10, 1990 as document LR3852830. Q 25. Easement in, upon, under, over and along the land to install and maintain all equipment for the purpose of serving the land and other property with telephone and electric service, together with right of access to said equipment as created by Grant to Commonwealth Edison Company and Central Telephone Company filed April 16, 1990 as Document LR3872994. (Affects the North 10 Feet of the South 73 Feet (as measured from the South line of said Lot and said South line extended West) of the East 113 Feet of the West 133 Feet of land). This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 9 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS SCHEDULE B, PART II - Exceptions (continued) R 26. Note: The following item, while appearing on this commitment/policy, is provided solely for your information. The following Environmental Disclosure document(s) for transfer of real property appear of record which include a description of the Land insured or a part thereof recorded on November 1, 1990 as Document No. 90535295. S 27. Easement granted to Commonwealth Edison Company, its successors and assigns, the perpetual right, privilege, easement and authority to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, poles, guys, anchors, wires, cables, conduits, manholes, transformers, pedestals, equipment cabinets, or other facilities used in connection with overhead and underground transmission and distribution of electricity, communications, sounds and signals, together with the right of access to the same and the right, from time to time, to trim or remove trees, bushes, roots and saplings and to clear obstructions from the surface and subsurface as may be reasonably required incident to the grant herein given, in, over, under, across, along and upon the surface of the Land recorded September 1, 1993 as Document No. 93697465. (Affects the North, Northeast and East 10 feet of Lot 807) T 28. All endorsement requests should be made prior to closing to allow ample time for the company to examine required documentation. (This note will be waived for policy). X 29. Adverse encroachment of the concrete equipment pad mainly on the property located northeast and adjoining over and onto the subject parcel by approximately 2.37' as referenced on survey prepared by IG Consulting, Inc., Job No. 25389, dated December 11, 2025. END OF SCHEDULE B, PART II This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V°"1 C 'k' The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 10 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS COMMITMENT CONDITIONS 1. DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I -Requirements f. Schedule B, Part II -Exceptions; and g. a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I -Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0V� 1 C�k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 11 IL-CT-FSUB-01 080.225175-SPS-1 -26-26001522NS CHICAGO TITLE INSURANCE COMPANY COMMITMENT NO. 26001522NS (continued) f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is Two Million And No/100 Dollars ($2,000,000.00) or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. END OF CONDITIONS 1031 EXCHANGE SERVICES If your transaction involves a tax deferred exchange, we offer this service through our 1031 division, IPX1031. As the nation's largest 1031 company, IPX1031 offers guidance and expertise. Security for Exchange funds includes segregated bank accounts and a 100 million dollar Fidelity Bond. Fidelity National Title Group also provides a 50 million dollar Performance Guaranty for each Exchange. For additional information, or to set-up an Exchange, please call Scott Nathanson at (312)223-2178 or Anna Barsky at (312)223-2169. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. ` AA0 V°"1 C 'k, The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. " I ALTA Commitment for Title Insurance (07/01/2021) Printed: 03.04.26 @ 03:48 PM Page 12 IL-CT-FSUB-01080.225175-SPS-1-26-26001522NS � u „ F ''I R Inquire before you wire! E 0,,A i rM WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www. fbi.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3. Page 13 26001522NS - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2026 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); • biometric data (e.g., fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics; and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Device and Browsing Information FNF automatically collects the following categories of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser information, such as version, language, and type; • device type and operating system; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Website Anal, ics. We use Google Analytics to understand how visitors interact with FNF Websites. Google Analytics may collect information such as your IP address, device type, and pages visited to help us analyze site traffic and to personalize your browsing experience on our site. If you don't want Google Analytics to be used in your browser, you can install the Google Analytics browser add -on, which Google makes available online. Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Copyright © 2026. Fidelity National Financial, Inc. All Rights Reserved. Privacy Statement Printed: 03.04.26 @ 03:48 PM by ILD0552.doc Page 14 IL-CT-FSUB-01080.225175-26001522NS Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To prevent and detect fraud; • To maintain the security of our systems, tools, accounts, and applications; • To verify and authenticate identities and credentials; • To communicate with you about our, and our affiliates' services, jointly or independently; • To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose the categories of Personal Information and Browsing Information listed above for the following purposes: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. State -Specific Consumer Privacy Information: For additional information about your state -specific consumer privacy rights, to make a consumer privacy request, or to appeal a previous privacy request, please follow the link Privacy Request, or email privacy(@,fnf.com, or call (888) 714-2710. Certain state privacy laws require that FNF disclose the categories of third parties to which FNF may disclose the Personal Information and Browsing Information listed above. Those categories are: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Copyright @ 2026. Fidelity National Financial, Inc. All Rights Reserved. Privacy Statement Printed: 03.04.26 @ 03:48 PM by ILD0552.doc Page 15 IL-CT-FSUB-01080.225175-26001522NS For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (fnf.com/california-privacy) or call (888) 413-1748. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginguiries(abag.state. nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710 FNF is the controller of the following businesses registered with the Secretary of State in Oregon: Chicago Title Company of Oregon, Fidelity National Title Company of Oregon, Lawyers Title of Oregon, LoanCare, Ticor, Title Company of Oregon, Western Title & Escrow Company, Chicago Title Company, Chicago Title Insurance Company, Commonwealth Land Title Insurance Company, Fidelity National Title Insurance Company, Liberty Title & Escrow, Novare National Settlement Service, Ticor Title Company of California, Exos Valuations, Fidelity & Guaranty Life, Insurance Agency, Fidelity National Home Warranty Company, Fidelity National Management Services, Fidelity Residential Solutions, FNF Insurance Services, FNTG National Record Centers, IPEX, Mission Servicing Residential, National Residential Nominee Services, National Safe Harbor Exchanges, National Title Insurance of New York, NationalLink Valuations, NexAce Corp., ServiceLink Auction, ServiceLink Management Company, ServiceLink Services, ServiceLink Title Company of Oregon, ServiceLink Valuation Solutions, Western Title & Escrow Company For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Copyright © 2026. Fidelity National Financial, Inc. All Rights Reserved. Privacy Statement Printed: 03.04.26 @ 03:48 PM by ILD0552.doc Page 16 IL-CT-FSUB-01080.225175-26001522NS Your Consent to this Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF's Privacy Request website or contact us by phone at (888) 714-2710, by email at privacy(ab-fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2026. Fidelity National Financial, Inc. All Rights Reserved. Privacy Statement Printed: 03.04.26 @ 03:48 PM by ILD0552.doc Page 17 IL-CT-FSUB-01080.225175-26001522NS 2024 Second Installment Property Tax Bill - Cook County Electronic Bill $0.00 Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification By 04/15/2026 03-35-200-061-0000 235 38148 2024 (2025) Wheeling 5-91 IF PAYING LATE, 04/16/2026 - 05/15/2026 05/16/2026 - 06/15/2026 06/16/2026 - 07/15/2026 LATE INTEREST IS 0.75% PER PLEASE PAY $0.00 $0.00 $0.00 MONTH, BY STATE LAW WHERE YOUR MONEY GOES Total 2024 Tax Bill $568,994.22 $18,305.68 MORE than 2023 Taxing District 2024 Tax 2023 Tax Difference SCHOOL DISTRICT 26 $241,556.65 $229,448.95 $12,107.70 More ARLINGTON HTS TWNSHP H S 214 $143,345.24 $135,279.16 $8,066.08 More VILLAGE OF MT PROSPECT $46,000.06 $48,855.42 .$2,855.36 Less RIVER TRAILS PARK DISTRICT $37,310.47 $36,461.75 $848.72 More VILLAGE OF MT PROSPECT LIBRARY FUND $28,483.82 $27,775.11 $708.71 More HARPER COMMUNITY COLLEGE DISTRICT 512 $24,141.03 $22,850.84 $1,290.19 More METRO WATER RECLAMATION DIST OF GR CHGO $18,956.37 $19,088.47 -$132.10 Less COUNTY OF COOK $13,091.92 $9,405.89 $3,686.03 More COUNTY OF COOK HEALTH & HOSPITAL COMM. $4,334.28 $4,260.33 $73.95 More PUBLIC SAFETY PUBLIC SAFETY $4,315.57 $4,260.33 $55.24 More FOREST PRESERVE DISTRICT OF COOK COUNTY $3,819.05 $4,149.67 -$330.62 Less TOWN WHEELING $2,034.09 $2,047.17 -$13.08 Less TOWN WHEELING ROAD FUND $645.62 $663.95 -$18.33 Less NORTHWEST MOSQUITO ABATEMENT DISTRICT $585.82 $553.29 $32.53 More GENERAL ASSISTANCE WHEELING $374.23 $387.30 -$13.07 Less CONSOLIDATED ELECTIONS $0.00 $1,770.52 41,770.52 Less DO NOT PAY THESE TOTALS $568,994.22 $550,688.54 $18,305.68 More The above breakdown displays how much you pay in property taxes to each taxing district and the change from last year. Please see reverse side for a detailed breakdown by Taxing District. 2023 Assessed Value 1,834,333 2024 Total Tax Before Exemptions 568,994.22 2024 Property Value 7,337,329 Homeowner's Exemption .00 2024 Assessment Level X 25% Senior Citizen Exemption .00 2024 Assessed Value 1,834,333 Senior Freeze Exemption .00 2024 State Equalizer X 3.0355 2024 Equalized Assessed Value (EAV) 2024 Total Tax After Exemptions 5,568,118 568,994.22 2024 Local Tax Rate X 10.218789% First Installment 302,878.70 2024 Total Tax Before Exemptions Second Installment + 266,115.52 568,994.22 Total 2024 Tax (Payable in 2025) 568,994.22 THANK YOU FOR YOUR FIRST INSTALLMENT PAYMENT OF: $302,878.70 NTN USA CORPORATION 1600 BISHOP CT 1600 E BISHOP CT MOUNT PROSPECT IL 60056 MT PROSPECT IL 60056-6033 Taxing Districts 2024 Tax 2024 Rate 2024 % Pension 2023 Tax MISCELLANEOUS TAXES NORTHWEST MOSQUITO ABATEMENT DISTRICT 585.82 0.01052 0.10% 553.29 METRO WATER RECLAMATION DIST OF GR CHGO 18,956.37 0.34044 3.33% 1,971.06 19,088.47 RIVER TRAILS PARK DISTRICT 37,310.47 0.67007 6.56% 3,426.06 36,461.75 MISCELLANEOUS TAXES TOTAL 56,852.66 1.02103 9.99% 56,103.51 SCHOOL TAXES HARPER COMMUNITY COLLEGE DISTRICT 512 24,141.03 0.43355 4.24% 22,850.84 ARLINGTON HTS TWNSHP H S 214 143,345.24 2.57439 25.19% 2,584.22 135,279.16 SCHOOL DISTRICT 26 241,556.65 4.33821 42.45% 5,180.02 229,448.95 SCHOOL TAXES TOTAL 409,042.92 7.34616 71.88% 387,578.95 MUNICIPALITY/TOWNSHIP TAXES VILLAGE OF MT PROSPECT LIBRARY FUND 28,483.82 0.51155 5.01% 27,775.11 VILLAGE OF MT PROSPECT 46,000.06 0.82613 8.08% 23,826.92 48,855.42 TOWN WHEELING ROAD FUND 645.62 0.01159 0.11 % 663.95 GENERAL ASSISTANCE WHEELING 374.23 0.00672 0.07% 387.30 TOWN WHEELING 2,034.09 0.03653 0.36% 2,047.17 MUNICIPALITY/TOWNSHIP TAXES TOTAL 77,537.82 1.39253 13.63% 79,728.95 COOK COUNTY TAXES FOREST PRESERVE DISTRICT OF COOK COUNTY 3,819.05 0.06858 0.67% 320.22 4,149.67 CONSOLIDATED ELECTIONS 0.00 0.00000 0.00% 1,770.52 PUBLIC SAFETY PUBLIC SAFETY 4,315.57 0.07750 0.76% 4,260.33 COUNTY OF COOK HEALTH & HOSPITAL COMM. 4,334.28 0.07784 0.76% 4,260.33 COUNTY OF COOK 13,091.92 0.23512 2.31 % 4,403.27 9,405.89 COOK COUNTY TAXES TOTAL 25,560.82 0.45905 4.50% 27,277.13 (Do not pay these totals) 568,994.22 10.2187 100.00% 550,688.54 Pursuant to Cook County Ordinance 07-0-68, if you are a mortgage lender, loan servicer, or agent of any entity within the meaning of 35 ILCS 200/20-12, you may not pay using a downloadable tax bill unless you pay the $5 duplicate bill fee. *** Please see 2024 Second Installment Payment Coupon next page *** Lem CUT& III ICILUDE 'WITH PAYMENT S TAG �Property Index Number (PIll Volum Gook liCou�nty eBill 03-35-200-061-0000 2,35 By 0,411512026 LEI' k, to pay onfine Amount Paid If paj�ing latef, refer to amounts, above. CliCk, to upj&� M"lailling Namf&Address S N 0020240200 RT N 5,0000 1075 AN (see �P I N), TC 00 89 22 IntemAl use only, lrjlmIII 1, 111, 110, &Wt IIIII.WRIII, III 11IMN114m, 11 1 fal '1 19 11 11, '1 mil, , , I I 1111i ,11 IIIII11 IIIII11 IIIII11 IIIII11 IIIIII IIIIII IIIII11 ,I 1 ,I 1 ,I 1 ,I 1 ,I 1 ,I 1 ,I 1 ,I 1. , This its an Official DowinloadableTax Bill Payment Couupon., COOK, COUNTYTREASUIREIS Pilease prociess this coupon along with Ipayment presented. PO, BOX 805436 CHICAGO IIIL 606,80-4,1115,5 By 05101126 IF PAYING LATE, PLEASE PAY 211,025 Fiirs"t Instali ment urr 'T IBiIII - Cook County, Electronic SRI Property Index Numlber,(P]N) Volume Code Tax Year (Payable 1n) TownsIhAp Classifficall orl 03-35-200-061-0000 235, 38-1.48 2025 (2026) Wheelling 5-91 0,510,2126-06JO,`II 26 06/02126-0,710,`II ,126 07/02/26-081011,26 LATE INTEREST IS 0.75%, PER $0.00 0.0o $0.00 MONTHy BY STATE LAW Your 'Taxing Districts Money Owed by Your'Tax,ing Districts Pension and Healthca�re Amounts, Ptoimimiised by Your Taxing Districts Amount of P'ens,ion and Healthcare Sho�rtage % of Pension and Healthcar e,Cos,ts Taxing Districts Can Pay NORTHWEST MIOSQUITO AIRATE MENTII) ISTRICT $316,21,59,63 $91328,11611121 $6916,11!,896 92.53% METROWATER RECLAIII ATI, ON DIST OF GR $35248,11,871,9110001 $311303,72581100011 $11444J 38,11,000, 56.28% CHIGO RIVET TRAILS PARK DISTRICT' $8,5220,12,68, $1025,42y856 $9,16,259731 90.87% ARLINGTON 1HTS'TWNSHP'H S 214 $881546,71507 $302 2� 199 5924 $0, 100.9 1 % S!C HOO L D ISTRI CT 26 $3459541142,91, $2718315�804 $65578,5�829 716.36% VILLAGE OF MT PROSIPE�CT $1160,11121155181 $405,7111 11!078, $129554811371 68.02% TOWN WHEELING $16,61116,43 $5721"115,23 $21411!1695 162.50% FOREST P'RESERVE, DISTRICT GFCOOK COUNTY $2141144152421, $6171B341115115101 $382y643117160- 38.07% COUNTY OF �COOK $145499115,53,5496 $21 1406,1518,114622 $81,452,,341,111655 60.52% TOTALS: $1181561 1460,1554 $2,6511452214123,21 $1031445524015�491 For a more 1 n-depth look at govern milent finan ces, and IIhow, -th ey affect your taxes Visit cookcountytreasurer- com, PAY YOUR, TAXES ONLINE Pay, at coo,kco�uinreas,urer.ico,m frorn your bank account or credit card. 2024TOTAL TAX 56817994-22 2025, E,STIMIAT'E 2025, 11st, INSTAUMENT 3127946.82 Thile, First Installment amiount is 559/6,of �has,t year"s total taxes-, All exemptions,,, such as, homeownielf and senior exemptions, Will IIbe reffected on your Slecond Instal[mien t tax b-111- '1600 BISHOP CT MOUNT IPROSPECT' IIL 6,0056, Please see 2025 First Installment Payment Coupon, next, page NTN US,A. CORPORATION 1600 E. B! SHO P CT MT PROSPECT 11L 60056-16033 It 114-1 :0110 1 Pursuan'tto Cook County Ordinance 07-0-68, if you are a mortgage lender, loan serviceir,, or agent of anyentity within 'the meaniing of 35 ELCS 200120-121, you may not ing a clownloaclable fax bill uniess you paythe$5 duplicate it fee., DE , AG TH & HNGLU[YE.:..:. W[TIH i:::'1AIII MENT IMMME IMMME IMMME IMMME IMMME IMMME IMMME IMMME IMMME IMMME IMMME IMMME � MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO MEMO � MEMO MEMO MEMO MEMO MEMO MEMO MEMO � MEMO MEMO MEMO MEMO MEMO MEMO MEMO IME .... .. .. . ... .... ..... . .. .. ... TO TAL PAYMENT'DUE "AwA E/,,,,'N 'I'll, 10 plyNN Ila a Milt II 002025,01009033520006"1000070089"1120000000000000000000000000000�OO�OO�OO�OO�OO�OO�0000 This is an Offliicial Down�loadable I Bill IFSayment Coupon. COOK, COUNTY TREASURER Pll Iprociessthis coupon along with Ipayment presented. P IBOX 805438 CHICAGO IL, 60680-4116 *0335200�0610�OO�O2�0251ZZOOOOOOOOOO AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (the "Agreement") is entered into as of - M by and between 1600 Bishop Partnership, LLC, a Delaware limited liability company together with its nominees, designees, successors and assigns, "Purchaser") and NTN USA CORPORATION, a Delaware corporation ("Seller"). WITN ESSETH : WHEREAS, Seller is the owner of the Property (as defined below); and WHEREAS, Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser all of the Property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE 1 AGREEMENT TO PURCHASE AND SELL Seller agrees to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, all of Seller's right, title and interest in and to the following (collectively, the "Property"): (i) the land comprising of approximately 5.44 acres and being more particularly legally described on Exhibit A attached hereto and made a part hereof, commonly known 1600 Bishop Court, Mount Prospect, Illinois, together with all privileges, rights, easements, hereditaments, and appurtenances belonging to the land, and all right, title and interest of the titleholder thereof in and to any streets, alleys, passages and other rights -of -way included therein or adjacent thereto (before or after the vacation thereof) (collectively, the "Land"); (ii) all buildings, structures, parking areas and other improvements located on the Land and any fixtures attached thereto, including the industrial building consisting of approximately 86,792 square feet (collectively, the "Improvements"); (iii) all equipment, machinery, apparatus, signs, appliances and other articles of personal property, if any, owned by Seller and located on the Land and used in connection with the operation of the Improvements (collectively, the "Personal Property"). ARTICLE 2 PURCHASE PRICE 2.1 Purchase Price. The purchase price the "Purchase Price" to be paid by Purchaser to Seller for the Property shall be 0 2.2 Earnest Money. Within five (5) Business Days (as defined below) after the date on which this Agreement is executed and delivered b last part to do so the "Effective Date"), Purchaser will pay into an escrow at the Title Insurer the sum ofthe as earnest money (together with any interest earned thereon, the Earnest Money"). Except as otherwise provided in this Agreement, the Earnest Money shall be applied to the Purchase Price at the Closing. 2.3 Closing Costs. Seller shall pay the cost of: (a) the Title Policy (as defined below), including the cost of extended coverage over the standard printed exceptions; (b) the Survey (as defined below); (c) obtaining and recording any releases of any mortgages, liens or other encumbrances that are not Permitted Exceptions (as defined below); and (d) any stamp or transfer taxes imposed upon a seller by State, County or local law. Purchaser shall pay for the cost of all title endorsements and recording the Deed and any stamp or transfer taxes imposed upon a purchaser by local law. Purchaser and Seller shall share equally the escrow and New York "style" closing fees for the Closing (as defined below). All other closing costs shall be apportioned according to prevailing local custom. Except as expressly provided in this Agreement to the contrary, each party shall pay its own legal fees. 2.4 Closing Prorations and Adjustments. All items of income or expense other than Taxes (as defined below) shall be prorated as of midnight the day before closing according to prevailing local custom. Unpaid real estate taxes, current installments of regular assessments, special assessments, sewer charges, and any similar taxes and charges (collectively, "Taxes") imposed in respect of the Property which are not yet due and payable on the Closing Date shall be prorated, on an accrual basis, to the Closing Date on the basis of 103% of the most recent ascertainable bill. All unpaid Taxes which are due and payable as of Closing shall be paid by Seller in full on or before Closing. All prorations shall be final. For purposes of proration, the Seller shall be deemed in title to the Property on the Closing Date. 2.5 Payment of Purchase Price. The Purchase Price, plus or minus any adjustments, credits or prorations provided for herein, shall be paid to Seller at the Closing by wire transfer of immediately available funds. ARTICLE 3 PURCHASER'S DUE DILIGENCE 3.1 Review Period; Termination Right. Intentionally deleted. 3.2 6B Tax Classification Approval; Termination Right. During the period of time beginning on the Effective Date and ending at 5:00 P.M. (Chicago time) on the date that is sixty (60) days after the Effective Date (the "613 Approval Period"), to obtain or to become fully satisfied with its ability to obtain approval for a Class 6B Property Tax Incentive for the Property from the Village of Mount Prospect (the "613 Approval"). If Purchaser is not fully satisfied with its ability to obtain the 6B Approval within the 6B Approval Period, Purchaser may terminate this Agreement by delivering written notice of termination to Seller at any time within the 6B Approval Period. If Purchaser terminates this Agreement pursuant to this Section 3.2, then all the Earnest Money shall be promptly released to Purchaser, and neither party shall have any further rights or obligations under this Agreement, except for those rights and obligations that expressly survive a termination of this Agreement. If Purchaser fails to give Seller notice of termination prior to the end of the 6B Approval Period, Purchaser's right to terminate this Agreement pursuant to this Section 3.2 will be deemed waived. Upon Purchaser's request from time to time, Seller shall reasonably cooperate with Purchaser, at no expense to Seller, in connection with Purchaser's efforts to obtain the 6B Approval. Purchaser hereby covenants and agrees to pursue and process the 6B Approval in a diligent and good faith manner and to provide copies to Seller of any correspondence, documents, and/or filings to be delivered to the Village of Mount Prospect or any other governmental agency relating to the 6B Approval. 3.3 PUD Approval; Termination Right. Purchaser shall also have a period of time beginning on the Effective Date and ending at 5:00 P.M. (Chicago time) on the date that is sixty (60) days after the Effective Date (as such period may be extended as provided further below, the "PUD Approval Period"), to obtain or to become fully satisfied with its ability to obtain an amendment to the Planned Unit Development ("PUD"), previously established by ordinance, to allow for industrial redevelopment consistent with the Property's underlying 1-1 zoning classification (the "PUD Approval"). Purchaser shall have a right to extend the PUD Approval Period by one additional period of sixty (60) days by providing Seller with written notice thereof prior to the expiration of the initial PUD Approval Period. If Purchaser is not fully satisfied with its ability to obtain the PUD Approval within the PUD Approval Period, Purchaser may terminate this Agreement by delivering written notice of termination to Seller at any time within the PUD Approval Period. If Purchaser terminates this 2 OP 4225128.3 Agreement pursuant to this Section 3.3, then all the Earnest Money shall be promptly released to Purchaser, and neither party shall have any further rights or obligations under this Agreement, except for those rights and obligations that expressly survive a termination of this Agreement. If Purchaser fails to give Seller notice of termination prior to the end of the PUD Approval Period, Purchaser's right to terminate this Agreement pursuant to this Section 3.3 will be deemed waived. Upon Purchaser's request from time to time, Seller shall reasonably cooperate with Purchaser, at no expense to Seller, in connection with Purchaser's efforts to obtain the PUD Approval. Purchaser hereby covenants and agrees to pursue and process the PUD Approval in a diligent and good faith manner and to provide copies to Seller of any correspondence, documents, and/or filings to be delivered to the Village of Mount Prospect or any other governmental agency relating to the PUD Approval. 3.4 Indemnity. Purchaser shall not alter the physical condition of the Property without notifying Seller of its requested tests and obtaining the prior written consent of Seller to any physical alteration of the Property. The Inspections shall be conducted at Purchaser's sole cost and expense. Purchaser shall promptly restore the Property to its original condition if damaged or changed due to the tests and inspections performed by Purchaser, free of any mechanic's or materialman's liens or other encumbrances arising out of any of the inspections or tests. In connection with tests or inspections of the Property by Purchaser, or its agents, employees or contractors, Purchaser shall indemnify, defend, and hold harmless Seller and its shareholders, partners, officers, members, managers, employees or agents from and against any lien, claim, suit, loss, cost, expense (including reasonable attorneys' fees), personal injury, damage or action arising from any activities of Purchaser, its agents, contractors or engineers on the Property, unless same was directly and proximately caused by the negligence or acts of Seller or Seller's agents or contractors. Purchaser further waives and releases any claims, demands, damages, actions, causes of action or other remedies of any kind whatsoever against Seller for property damages or bodily and/or personal injuries to Purchaser, its agents, independent contractors, servants and/or employees arising out of the Inspection or use in any manner of the Property unless same was directly and proximately caused by the negligence or acts of Seller or Seller's agents or contractors. Prior to the date that Purchaser or its agents or contractors first enter the Property, Purchaser or Purchaser's agents and contractors shall procure and maintain throughout the term of this Agreement, commercial general liability insurance, including death, bodily injury and property damage, with limits of not less than Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate. Seller shall be included as an additional insured under the required commercial general liability coverage. ARTICLE 4 TITLE INSURANCE AND SURVEY 4.1 Title Commitment; Survey. Within thirty (30) days after the Effective Date, Seller shall obtain, at Seller's sole cost and expense, and deliver to Purchaser, (a) a current (not more than six (6) months old) ALTA/NSPS Land Title Survey covering the Property, certified to the Seller, Purchaser, and Title Company, prepared in compliance with the 2021 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys (the "Survey") and otherwise be satisfactory to the Title Insurer for purposes of issuing extended coverage over the standard printed exceptions in the Title Policy and sufficient to obtain a survey endorsement. (b) a commitment (the "Title Commitment") for an ALTA 2021 Form Owner's Title Insurance Policy issued by Chicago Title Insurance Company (the "Title Insurer") having an effective date no earlier than thirty (30) days prior to the Effective Date; and (c) legible photocopies of any documents identified in the Title Commitment or on the Survey (collectively, the "Title Documents"). 3 OP 4225128.3 4.2 Title and Survey Objections. Within thirty (30) Days after Purchaser receives the last of the Title Commitment, the Title Documents, and the Survey, Purchaser shall deliver to Seller a list of any objections to title and survey matters with respect to the Property (the "Title Objections"). Seller shall be obligated to cause any Title Objections relating to financing liens, mechanic's, materialmen's or similar liens, tax liens or delinquent taxes (including interest and penalties), and leases or other occupancy rights or agreements to be deleted from the Title Commitment prior to or at the Closing, and if Seller fails to do so, Purchaser may, in addition to all other rights and remedies, deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. Within five (5) Business Days after Seller receives the Title Objections, Seller shall notify Purchaser in writing of any Title Objections which Seller either refuses to cure or is unable to cure in the manner specified in Purchaser's notice, provided that Seller shall be obligated to cure the Title Objections described in the immediately preceding sentence. In addition, notwithstanding anything contained herein to the contrary, at the Closing, Seller shall pay all Taxes assessed against the Property which are due and payable at the time of the Closing. Seller shall be deemed to have agreed to cure, in the manner specified in Purchaser's notice, any Title Objections which are not described in Seller's notice, and all such Title Objections shall be cured by Seller prior to the Closing in the manner specified in Purchaser's notice. If Seller fails to deliver any such notice within said 5-Business Day period, Seller shall be deemed to have agreed to cure all Title Objections in the manner specified in Purchaser's notice, at or before the Closing. Purchaser shall have the right, by giving notice to Seller within ten (10) Business Days after Purchaser is notified by Seller of its refusal or inability to cure any one or more of the Title Objections in the manner specified in Purchaser's notice, to: (i) terminate this Agreement, or (ii) elect to proceed pursuant to this Agreement, thereby waiving its objection to such Title Objections described in Seller's notice, but with the right to deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. For purposes of this Agreement, the term "Permitted Exceptions" means (i) title matters that are disclosed by the Title Commitment and are not identified by Purchaser as Title Objections, and (ii) any Title Objections waived by Purchaser as provided above. If Purchaser terminates this Agreement pursuant to this Section 4.2, then the Earnest Money shall be promptly paid to Purchaser, and such obligation to direct the Escrowee shall survive the termination of this Agreement, and neither party shall have any further rights or obligations under this Agreement, except for those rights and obligations that expressly survive a termination of this Agreement. 4.3 Title Policy. At the Closing, Seller shall cause to be delivered to Purchaser an ALTA 2021 Form Owner's Title Insurance Policy from the Title Insurer or in lieu thereof a marked -up title commitment from the Title Insurer (either being referred to herein as the "Title Policy") which in either case shall: (i) be dated as of the date of the recording of the Deed; (ii) name Purchaser or its designee or assignee as the insured; (iii) have a liability amount equal to the Purchase Price; (iv) show Purchaser as the owner of the Property in fee simple subject to no exceptions other than the Permitted Exceptions; and (v) include extended coverage over the standard printed exceptions. follows: ARTICLE 5 REPRESENTATIONS AND WARRANTIES 5.1 Seller's Representations and Warranties. Seller represents and warrants to Purchaser as (a) Neither the execution and delivery of this Agreement by Seller nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, mortgage, lease, agreement, indenture or other instrument to which Seller is a party. (b) Seller has the full right, power and authority to enter into this Agreement and all of the documents to be executed and delivered by Seller at the Closing and to consummate the transactions contemplated hereby. This Agreement is a valid and binding obligation of Seller and is enforceable against Seller in accordance with its terms. 4 OP 4225128.3 (c) To the knowledge of Seller, there are not any special assessments, special tax districts, special service areas, sanitary sewer separation fees or outstanding obligations (contingent or otherwise) to governmental entities, including, without limitation, any portion payable with the current tax bill (collectively "Assessments"), with respect to the Property or any part thereof. (d) Neither Seller nor all or any portion of the Property are the subject of any pending or, to the knowledge of Seller, threatened claim, or judicial, or administrative proceeding, action or litigation. (e) There are no other persons in possession or occupancy of the Land or Improvements or any part thereof, nor are there any persons who have possessory rights in respect to the Land or Improvements or any part thereof. M There are no condemnation or eminent domain proceedings pending, or, to the best of Seller's knowledge, threatened, with regard to the Property or Improvements or any portion thereof. (g) Other than the Permitted Exceptions, there are no contracts, leases, service contracts or agreements of any kind relating to the Property that will be binding on Purchaser after the Closing. (h) Seller has good, marketable, and insurable title to the Property, free and clear of all mortgages, liens, encumbrances, leases, and other matters affecting title, except the Permitted Exceptions. (i) Except as disclosed in any environmental survey or report provided by Seller or obtained by Purchaser, to Seller's actual knowledge, without independent investigation, no "Hazardous Substances," as that term is defined herein, have been treated, recycled, stored or disposed of on, under or at the Property and the Property is not in violation of any "Environmental Law" (as defined herein). (j) Except as disclosed in any environmental survey or report provided by Seller or obtained by Buyer, to Seller's actual knowledge, without independent investigation, there has been no release or threatened survey or report provided by Seller or obtain by Buyer, to Seller's knowledge, there have been no activities on the Property that would subject Buyer to damages, penalties, injunctive relief or cleanup costs under any Environmental Laws. (k) No portion of the Property (1) is designed as water of the United States pursuant to Section 404 of the Clean Water Act or is defined as a "wetland" or "waterway" by state, county or local municipality, or (2) is located in any floodway or designated as "flooded" on any Flood Insurance Rate Map as defined by the Federal Emergency Management Agency. EXCEPT FOR THE EXPRESS REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER SET FORTH HEREIN AND IN ANY SELLER CLOSING DOCUMENTS EXECUTED AND DELIVERED BY SELLER IN CONNECTION WITH THIS AGREEMENT, PURCHASER ACKNOWLEDGES AND AGREES THAT IT WILL BE PURCHASING THE PROPERTY BASED SOLELY UPON ITS INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, AND THAT PURCHASER WILL BE ACCEPTING THE PROPERTY "AS -IS" AND "WITH ALL FAULTS", BASED UPON THE CONDITION OF THE PROPERTY AS OF THE DATE OF THE CLOSING, ORDINARY WEAR AND TEAR AND LOSS BY FIRE OR OTHER CASUALTY OR CONDEMNATION EXCEPTED AND THAT SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RESPECT OF THE PROPERTY. WITHOUT LIMITING THE FOREGOING, PURCHASER ACKNOWLEDGES THAT, EXCEPT AS MAY OTHERWISE BE SPECIFICALLY SET FORTH 5 OP 4225128.3 ELSEWHERE IN THIS CONTRACT OR ANY SELLER CLOSING DOCUMENT, NEITHER SELLER NOR ITS CONSULTANTS, BROKERS OR AGENTS HAS MADE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND UPON WHICH PURCHASER IS RELYING AS TO ANY MATTERS CONCERNING THE PROPERTY, INCLUDING BUT NOT LIMITED TO: (1) THE CONDITION OF THE LAND OR ANY IMPROVEMENTS COMPRISING THE PROPERTY; (11) THE EXISTENCE OR NON- EXISTENCE OF ANY POLLUTANT, TOXIC WASTE AND/OR ANY HAZARDOUS MATERIALS OR SUBSTANCES; (III) ECONOMIC PROJECTIONS OR MARKET STUDIES CONCERNING THE PROPERTY, OR THE INCOME TO BE DERIVED FROM THE PROPERTY; (IV) ANY DEVELOPMENT RIGHTS, TAXES, BONDS, COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THE PROPERTY; (V) THE NATURE AND EXTENT OF ANY RIGHT OF WAY, LEASE, LIEN, ENCUMBRANCE, LICENSE, RESERVATION OR OTHER TITLE MATTER; (VI) WATER OR WATER RIGHTS, TOPOGRAPHY, GEOLOGY, DRAINAGE, SOIL OR SUBSOIL OF THE PROPERTY; (VII) THE UTILITIES SERVING THE PROPERTY; (VIII) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY ELECT TO CONDUCT THEREON; OR (IX) THE COMPLIANCE OF THE PROPERTY WITH ANY ZONING, ENVIRONMENTAL, BUILDING OR OTHER LAWS, RULES OR REGULATIONS AFFECTING THE PROPERTY. SELLER MAKES NO REPRESENTATION OR WARRANTY THAT THE PROPERTY COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OR ANY FIRE CODE OR BUILDING CODE. PURCHASER ACKNOWLEDGES AND AGREES THAT, PRIOR TO CLOSING, PURCHASER WILL HAVE MADE ITS INDEPENDENT INVESTIGATION AND EXAMINATION OF THE PROPERTY AND CONDITIONS ASSOCIATED THEREWITH IN ORDER TO BECOME FAMILIAR WITH THE CONDITION OF THE PROPERTY. SELLER AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTROLLING PERSONS, AND AFFILIATES ARE HEREBY RELEASED FROM ALL RESPONSIBILITY AND LIABILITY TO PURCHASER REGARDING THE CONDITION, VALUATION, SALABILITY, OR UTILITY OF THE PROPERTY OR ITS SUITABILITY FOR ANY PURPOSE WHATSOEVER. For purposes of this Agreement, the term "Environmental Laws" shall mean all federal, state and local laws including statutes, regulations, codes and other governmental standards, restriction, and requirements in effect now or at any time in the future or past relating to the use, storage, disposal, release, emission, dispersal, spilling, leaking, burial, migration, seepage, movement, discharge, management, investigation, remediation, regulation or otherwise relating to air pollutants, water pollutants, groundwater, effluents, stormwater runoff, surface water runoff, the environment, Hazard Substances or employee health and safety, including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal Clean Water Act, the Federal Resource Conservation and Re co very Act of 1976, the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Hazardous Materials Transportation Act, the Toxic Substance Control Act, the Occupational Safety and Health Act of 197 same may have been amended), regulations of the environmental Protection Agency, regulations of the Nuclear Regulatory Agency, and regulations of any state department of natural resources or state environmental protection agency. For purposes of this Agreement, the term "Hazardous Substances" shall mean all hazardous, toxic flammable, explosive or radioactive substances, wastes and materials; any pollutants or contaminants (including, but not limited to, petroleum products, asbestos, raw materials and natural substances that include hazardous constituents); and any other similar substances or materials that are regulated under Environmental Laws. 5.2 Purchaser's Representations and Warranties. Purchaser represents and warrants to Seller as follows: (a) Neither the execution and delivery of this Agreement by Purchaser nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, mortgage, lease, agreement, indenture or other instrument to which Purchaser is a party. 6 OP 4225128.3 (b) Purchaser has the full right, power and authority to enter into this Agreement, to purchase the Property as provided for in this Agreement and to consummate the transactions contemplated hereby. This Agreement is a valid and binding obligation of Purchaser and is enforceable against Purchaser in accordance with its terms. 5.3 Breach of Representations and Warranties; Survival. Each party warrants that each of the foregoing representations and warranties made by it in this Article 5 is true as of the date of this Agreement and will also be true, in all materials respects, as of the Closing. All of the respective representations and warranties of Seller and Purchaser hereunder, and all of their respective rights and remedies with respect to the incorrectness or breach thereof, shall survive the Closing Date for a period of one (1) year from the Closing Date. ARTICLE 6 ONGOING OPERATIONS AND RISK OF LOSS 6.1 Ongoing Operations. From the Effective Date through the Closing Date: (a) Seller shall maintain the Land, Improvements and Personal Property in substantially the same condition as of the Effective Date. (b) Seller shall maintain in existence all licenses, permits and approvals necessary or reasonably appropriate to the ownership, operation or improvement of the Land and Improvements as well as all insurance currently affecting the Land, Improvements and Personal Property. (c) Seller shall not enter into any leases or subleases with respect to the Property or other contracts, including, without limitation, service contracts, affecting the Property, without Purchaser's prior written consent, unless the contract can be terminated by Purchaser at Closing without penalty. 6.2 Casualty. Risk of loss up to and including the Closing Date shall be borne by Seller. Seller shall promptly give Purchaser written notice of any damage to any of the Land or Improvements, describing such damage, stating whether such damage and loss of rents is covered by insurance and the estimated cost of repairing such damage. In the event of any "material damage" (described below) to any of the Land or Improvements, Purchaser may, at its option, by notice to Seller given within ten (10) business days after Seller has provided the above described notice (and if necessary the Closing Date shall be extended to give Purchaser the full ten (10) business day period to make its election): (i) terminate this Agreement, in which case the Earnest Money shall be immediately delivered to Purchaser; or (ii) proceed under this Agreement, receive any insurance proceeds (including any rent loss insurance applicable to any period on and after the Closing Date) due Seller as a result of such damage and receive a credit at Closing for any deductible amount under said insurance policies. If Purchaser fails to timely make such election, Purchaser shall be deemed to have elected to terminate this Agreement. If any of the Land or Improvements is not materially damaged, then (i) Purchaser shall not have the right to terminate this Agreement and (ii) at Closing, Purchaser shall receive any insurance proceeds (including any rent loss insurance applicable to any period on and after the Closing Date) due Seller as a result of such damage and receive a credit at Closing for any deductible amount under said insurance policies. Material damage and materially damaged means, with respect to any Improvements, damage that: (a) in Purchaser's reasonable estimation, exceeds $100,000 to repair; (b) in Purchaser's reasonable estimation, will take longer than ninety (90) days to repair; or (c) is not insured. 6.3 Condemnation. In the event any proceedings in eminent domain are contemplated, threatened or instituted against any portion of the Land or Improvements so as to constitute a Material Condemnation (as defined below) by anybody having the power of eminent domain, Purchaser may, at its option, by notice to Seller given within ten (10) business days after Seller providing written notice to Purchaser of such proceedings together with all relevant information concerning such proceedings (and if necessary the Closing Date shall be extended to give Purchaser the full ten (10) business day period to make such election): (i) terminate this Agreement, in which case the Earnest Money shall be immediately delivered to Purchaser, or 7 OP 4225128.3 o ik M, w W, W, w 11110 a 0 ir NJ V I 'W li sm, — ARTICLE 7' PUTCVASEWS COUDIT11011M 70 CLOISIVIP 7.1 Conditions to Purchaser"s Oblioation to Close. Purchaser s obligation to close on the p'611owing: Iurch�ase of the Properly is conditioned on the f ('a) Selle shall have per1ormed all of the coveniants and obligaltion's to 'be performed by, Sell' under, thiis Agreement at or, before thie Closing,, and the representations and warranties, of I 'S II IS I Seller set forthi in thhis,Agreenlent shall �be true in all material respects on and a, of the,Cl'o ing, I i There shal�' have, beenno material a.d'vers,e change from b, e E! �,ective Date in the condition of the Propertyl, other than, as a resuft of a casu�alty or condemnation which shall be governed by Sections 6.2 and 6.3 hereof. 71111gjM61- rz re &n- 1 mw ]MIT , "T ARTICLE,, 8 THE CLOSING - I m L61 I m I Jill 6 S, IIM a AL 11 L %Lm=1111 IT LIrl 10!1111111 !IMMA 1� 1 8 OP 42125 128.3, 8.3 Escrow. This sale shall be closed through a "New York style" escrow (the "Closing Escrow") with the Escrowee, in accordance with the general provisions of the usual form of escrow agreement then in use by the Escrowee, with such special provisions inserted in the escrow agreement as may be required to conform with this Agreement (the "Escrow Agreement"). Upon the creation of the Closing Escrow, payment of the Purchase Price and delivery of the Deed (as hereinafter defined) and other closing documents shall be made through the Closing Escrow and the Earnest Money shall be deposited in the Closing Escrow. Each party shall have the right to inspect all documents prior to or at the time of deposit in the Closing Escrow. The escrow fee for the Closing Escrow shall be shared equally by the parties. Notwithstanding anything to the contrary contained in this Agreement, until the end of the 6B Approval Period the escrow established hereunder for holding the Earnest Money shall be a "sole order" escrow for the benefit of the Purchaser (meaning that the Escrowee shall act solely in accordance with the instructions of the Purchaser in respect of the Earnest Money). Upon expiration of the 6B Approval Period the escrow shall automatically become a strict joint order escrow with the Seller. Without limiting the generality of the foregoing, if the Purchaser delivers a notice to the Seller and the Escrowee, prior to the end of the 6B Approval Period, stating that the Purchaser has elected to terminate this Agreement, then the Escrowee shall refund to the Purchaser the Earnest Money without any requirement that the Escrowee first notify or obtain any approval or consent of Seller. In furtherance of the foregoing, in the event the Purchaser so instructs the Escrowee prior to the end of the 6B Approval Period, the Escrowee agrees that it shall not be permitted to, and shall not, follow any conflicting instructions given by Seller or any third party as to the disposition of the Earnest Money but shall instead follow only the instructions of the Purchaser in connection therewith. 8.4 Documents To Be Delivered By Seller At Closing. At the Closing, Seller shall deliver or cause to be delivered to Purchaser directly or, if either party elects, through the Closing Escrow, the following, each of which shall be in form reasonably satisfactory to Purchaser and (if applicable) the Title Insurer: (a) a Special Warranty Deed (the "Deed") duly executed and acknowledged by Seller, conveying the Land and Improvements to Purchaser or its designee subject only to the Permitted Exceptions; (b) an Affidavit of Title and Bill of Sale duly executed and acknowledged by Seller, conveying the Personal Property to Purchaser or its designee; (c) the Title Policy; (d) evidence of the authorization of Seller as to the execution of this Agreement and the sale of the Property to Purchaser and the performance of other acts required hereunder; (e) a FIRPTA affidavit to the effect that Seller is not a foreign person under Section 1445(b) of the United States Internal Revenue Code; M such other instruments and documents, including, but not limited to, an ALTA Statement and Gap Undertaking, as may be reasonably required by the Title Insurer in order to issue the Title Policy in the form required pursuant to Section 4.3 hereof; (g) all other documents required to be executed and/or delivered by Seller pursuant to other provisions of this Agreement or the Escrow Agreement, including assignment of existing contracts if assumed by Purchaser; and (h) all keys, manuals, and warranties to the Property in Seller's or Seller's agents' possession. 9 OP 4225128.3 8.5 Documents To Be Delivered By Purchaser At Closing. At the Closing, Purchaser shall deliver or cause to be delivered to Seller directly, or if either party elects through the Closing Escrow, the following, each of which shall be in form reasonably satisfactory to Seller and (if applicable) the Title Insurer: (a) the Purchase Price, plus or minus adjustments, credits and prorations as provided for herein; and (b) all other documents required to be executed and/or delivered by Purchaser pursuant to other provisions of this Agreement or the Escrow Agreement. 8.6 Documents to be Jointly Delivered by Seller and Purchaser at Closing. At the Closing, Seller and Purchaser shall each execute and deliver, directly, or if either party elects, through the Closing Escrow, the following, each of which shall be in form reasonably satisfactory to both parties and (if applicable) the Title Insurer: (a) applicable transfer tax declarations for the State of Illinois, Cook County, Illinois and any necessary municipal transfer tax declarations, if any; and (b) a Closing Statement. ARTICLE 9 DEFAULTS; REMEDIES 9.1 Purchaser's Default. If Purchaser is in default under this Agreement and such default is not cured within five (5) Business Days after written notice of such default is given by Seller to Purchaser, then Seller may, as its sole and exclusive remedy, terminate this Agreement, in which case, the Earnest Money shall be delivered to Seller as liquidated damages and as Seller's sole and exclusive remedy. The parties acknowledge that Seller's actual damages in the event of a default by Purchaser under this Agreement will be difficult to ascertain, and that Seller's receipt of the Earnest Money as liquidated damages represents the parties' best estimate of such damages. The parties agree that the foregoing provisions of this Section 9.1 are reasonable in light of the intent and circumstances surrounding the execution of this Agreement, and Seller expressly acknowledges and agrees that its rights and remedies shall be limited as set forth above in this Section 9.1. Notwithstanding anything to the contrary, the five (5) Business day cure period shall not apply to Purchaser's obligations relating to the Closing. 9.2 Seller's Default. If the transaction contemplated hereby does not close by reason of a default by Seller in any of the terms hereof, and such default is not cured within five (5) Business Days after written notice of said default is given by Purchaser to Seller, then Purchaser may: (a) terminate this Agreement, in which case, Purchaser shall receive a return of all of the Earnest Money; or (b) pursue against Seller any rights or remedies available at law or in equity, including, without limitation, an action to compel Seller's specific performance of this Agreement. Purchaser must file a cause of action for specific performance within sixty (60) days after the date scheduled for Closing. Purchaser agrees that its failure to timely file a cause of action for specific performance within such sixty (60) day period shall be deemed a waiver by it of its right to commence an action for specific performance and Purchaser shall be deemed to have elected, as its sole and exclusive remedy, to terminate this Contract pursuant to clause (a) above. No present or future partner, member, director, officer, shareholder, employee, advisor, affiliate or agent of or in Seller or any affiliate of Seller shall have any personal liability, directly or indirectly, under or in connection with this Agreement or any agreement made or entered into under or in connection with the provisions of this Agreement, or any amendment or amendments to any of the foregoing made at any time or times, heretofore or hereafter, and Purchaser and its successors and assigns and, without limitation, all other persons and entities, shall look solely to Seller's assets for the payment of any claim or for any performance, and Buyer hereby waives any and all such personal liability. 10 OP 4225128.3 or to such other address as either party may from time to time specify as its address for the receipt of notices hereunder, in a notice to the other party. Notices may be sent by and to an attorney for a party from the firms identified above and when so sent shall be deemed notice by the party so represented. 10.3 Assignment. Purchaser shall have the right to assign this Agreement, and all of Purchaser's rights hereunder, to an entity which directly or indirectly controls, is controlled by, or is under common control with Purchaser ("Assignee"), without the consent of Seller; provided however that, Purchaser shall not be released from the terms and conditions of this Agreement. Purchaser shall notify Seller of any assignment to Assignee no less than ten (10) days prior to the Closing, and Seller shall thereafter perform all of its obligations to Assignee as if Assignee were the purchaser pursuant to this Agreement. 10.4 Entire Agreement. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof, except as may be set forth in a written instrument executed by all parties contemporaneously with or subsequent to this Agreement. This Agreement shall not be construed more strictly against one party hereto than against the other party merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties. It is understood and recognized that both parties have contributed substantially and materially to the preparation of this Agreement. 10.5 Severability. If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 10.6 Captions; Number. The captions contained in this Agreement are for the convenience of reference only, and shall not affect the meaning, interpretation or construction of this Agreement. As used in this Agreement, the singular form shall include the plural and the plural shall include the singular, to the extent that the context renders it appropriate. 10.7 Counterparts. This Agreement may be executed in two more counterparts, which may be delivered electronically in portable document format (.pdf) each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 10.8 Governing Law; Venue. This Agreement has been executed and delivered and is to be performed, in the State of Illinois, and this Agreement and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. Each party hereby irrevocably waives any objection that it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any federal court located in the Northern District of Illinois, Eastern Division or in any state court sitting in Cook County, Illinois. 10.9 Time of the Essence. Time is of the essence of this Agreement. 10.10 Modification. The provisions of this Agreement may not be amended, changed or modified orally, but only by an agreement in writing signed by all of the parties hereto. 10.11 Waiver. Except as otherwise expressly provided in this Agreement, no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party (whether preceding or succeeding and whether or not of the same or similar nature) and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or performance. Except as otherwise expressly provided in this Agreement, no failure or delay by a party to exercise any right it may have by reason of the default of the other party shall operate as a waiver of default or modification of this Agreement or shall prevent the exercise of any right by the first party while the other party continues to be so in default. 12 OP 4225128.3 10.12 Business Days. If any date specified in this Agreement for the Closing Date or for commencement or expiration of time periods for termination or approvals or for notice occurs on a day other than a Business Day, then any such date shall be postponed to the next following Business Day. As used herein, "Business Day" shall mean any day other than a Saturday, Sunday or a holiday observed by national banks or the Title Insurer. 10.13 Cooperation In Exchange. In the event that Seller or Purchaser are under contract with a qualified intermediary for the purpose of effecting a tax -deferred exchange in accordance with Section 1031 of the United States Internal Revenue Code of 1986, as most recently amended, each party consents to the assignment of this Agreement to such intermediary. Furthermore, each party shall cooperate with the other to accomplish such exchange and perform any acts reasonably necessary to assist in such exchange, provided that neither party shall be required to accept title to any property other than the Property, expend any additional amounts of money above those amounts required pursuant to this Agreement, extend the Closing Date, and further provided that each party defend, indemnify and hold the other harmless from and against expenses, costs and damages of any kind (including attorney's fees) suffered by either by reason of the performance of, or failure to perform, any acts of cooperation necessitated by this Section. Each party agrees to sign a Notice of Assignment prior to Closing confirming that such party has received the Notice of Assignment and consents to the assignment. 10.14 Waiver of Right to Jury Trial. Each of the parties hereto acknowledge and agree that any controversy which may arise under this Agreement or with respect to the transaction contemplated herein would be based upon difficult and complex issues and therefore, the parties agree that any court proceeding arising out of any such controversy will be tried in a court of competent jurisdiction by a judge sitting without a jury. 10.15 No Joint Venture. Purchaser acknowledges and agrees that Seller is not a venturer, co - venturer, insurer, guarantor or partner of Purchaser in Purchaser's acquisition, ownership, operation or resale of the Property. 10.16. Confidentiality. Purchaser shall maintain the confidentiality of all information provided by Seller or developed by Purchaser as a result of its investigations, except for disclosures to agents, attorneys, or potential lenders and partners, as necessary to permit them to perform their duties, all of which parties first shall agree to maintain confidentiality. Both parties agree that the terms and conditions hereof shall be kept strictly confidential. NO MORE TEXT ON THIS PAGE 13 OP 4225128.3 IN MTN E SS WHE REOFfil thle partles lhave executed this Agregime nt as of th e date'ri"rstil wrliftein above. 14 O,P 4,225" 129.31, EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY OP 4225128.2 OP 4225128.3 Conditional Use Findings Response —1600 Bishop 5/26/2026 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; The proposed industrial building and associated operations will be designed, constructed, and maintained in a manner that will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The development will comply with all applicable building, fire protection, stormwater management, and life safety codes, and operations will be conducted in accordance with all local, state, and federal regulations. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; The proposed use is compatible with surrounding land uses and will not be injurious to the use and enjoyment of neighboring properties. The site plan incorporates appropriate setbacks, landscaping, screening, lighting controls, and operational considerations intended to minimize impacts on adjacent properties and preserve surrounding property values. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; The proposed conditional use will support the normal and orderly development of the surrounding area by providing a high -quality industrial facility consistent with the established development pattern and zoning intent of the KBC. The project represents an appropriate and productive use of the property that will contribute to the economic vitality of Mount Prospect. 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; Adequate public utilities, drainage facilities, access roads, and other necessary infrastructure will be provided as part of the proposed development. The project will be reviewed by the appropriate agencies and engineered to meet all applicable municipal and regulatory standards. 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; The site has been designed with adequate ingress and egress points to ensure safe and efficient vehicular circulation while minimizing traffic congestion on surrounding public streets. Internal circulation, loading areas, and parking facilities have been planned to accommodate anticipated traffic volumes and operational needs. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; The proposed conditional use is consistent with the goals and objectives of the Village's Comprehensive Plan, including promoting appropriate industrial and employment -generating development in designated areas with access to necessary infrastructure and transportation networks. 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. The proposed development conforms to the applicable regulations and standards of the zoning district, including bulk, setback, landscaping, parking, and operational requirements, except as may otherwise be modified through the conditional use approval process. 1600 Bishop Ct —VoMP Standards for PUD's —Applicant Responses A. General Standards: 1. Except as modified by and approved in the final planned unit development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. The proposed development complies with the regulations of the underlying zoning district and applicable Village requirements. 2. The principal use in the proposed planned unit development is consistent with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. The proposed industrial use is consistent with the Village's Comprehensive Plan and the planned land use recommendations for the subject property and surrounding area. 3. The proposed planned unit development is in the public interest and is consistent with the purposes of this zoning ordinance. The proposed Planned Unit Development is in the public interest and consistent with the intent and purpose of the Village Zoning Ordinance. The development will provide substantial investment into the community through construction of a modern industrial facility, creation of employment, expansion of the local tax base, and improvement of an underutilized property. 4. The streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development. The proposed site layout and access points have been designed to provide safe and efficient ingress and egress for employees, visitors, deliveries, and emergency services. Access to the site will be provided via Bishop Court and has been designed to support safe vehicular circulation throughout the development. b. Traffic congestion in the streets which adjoin the planned unit development. The development is not anticipated to create significant traffic congestion on adjoining roadways. Internal circulation, truck maneuvering, loading areas, and employee parking have been designed to efficiently accommodate projected traffic associated with the proposed use. c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the planned unit development. The proposed development is not expected to place a significant burden on public parks, schools, or other public facilities. Utility and infrastructure coordination will be completed with the appropriate agencies. B. Standards for Planned Unit Developments With Use Exceptions: Section not applicable. No use exceptions are proposed. C. Standards for Planned Unit Developments With Other Exceptions: 1. Any reduction in the requirements of this chapter is in the public interest. The requested exception to allow approximately 78% impervious coverage, where 75% is otherwise permitted, is in the public interest as it allows for a more efficient industrial site Layout while still providing appropriate landscaping, parking, and circulation. 2. The proposed exceptions would not adversely impact the value or use of any other property. The requested lot coverage exception will not adversely impact the value or use of surrounding properties. The proposed industrial development remains consistent with surrounding land uses and incorporates appropriate site design, drainage, landscaping, and screening measures. 3. Such exceptions are solely for the purpose of promoting better development which will be beneficial to the residents or occupants of the planned unit development as well as those of the surrounding properties. The requested exception is intended solely to accommodate an efficient and functional industrial site design while supporting high -quality development standards. The minor increase in impervious coverage allows for overall improved site and building functionality. 4. In residential planned unit developments the maximum number of dwelling units allowed per acre shall not exceed forty eight (48) units per acre for developments incorporating senior housing or assisted living facilities. Not applicable. The proposed development is industrial. 5. All buildings are to be located within the planned unit development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the development shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. The proposed development complies with applicable setback requirements. b. All transitional yards and transitional landscape yards of the underlying zoning district are complied with. The proposed development complies with all required transitional yard and Landscape standards. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Planning and Zoning Commission shall recommend either or both of the following requirements: (1) All structures located on the perimeter of the planned unit development must be set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses. The building placement provides adequate separation from adjacent properties. (2) All structures located along the entire perimeter of the planned unit development must be permanently screened with sight proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. Landscaping and screening will be provided and/or preserved as required by Village standards. d. The area of open space provided in a planned unit development shall be at Least that required in the underlying zoning district. 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Emerson St'reet, Mount June 18, 2026 Wingspan Development Group Attn: Christopher Coleman 1001 Feehanville Dr Mount Prospect IL 60056 Via e-mail: ccoleman(@nicholasfoc.com Re: PZ-12-26 / 1600 Bishop Ct / Major PUD Amendment / Review Comments #2 Dear Mr. Coleman, The Village of Mount Prospect has reviewed the submittal for a conditional use for a major amendment to the Planned Unit Development (PUD) at 1600 Bishop Court (Subject Property) to construct a new flex industrial building. Below are the review comments from applicable departments. Items 1-3 require revisions prior to the Planning and Zoning Commission hearing. Please submit these revisions no later than June 25, 2026. Planning 1. Primary site plan: a. The west wall dimension is mislabeled; the wall is labeled 215' and the correct dimension is 275'. b. Revise civil and conceptual site plans to be consistent with the landscape plan planting islands and parking counts. A planting island is required at the northwest corner of the parking lot at the end of the parking row. Revise total number of parking spaces available. 2. Provide an updated narrative describing the concept for developing the site, including an explanation for the primary and alternate site plans, and changes proposed for the Bishop Court island. Public Works 3. The site plans submitted have a revision date of June 2, 2026. Confirm that these are the current site plans. We understand that there have been discussions regarding improvements to Bishop Court and regarding a driveway onto Kensington Road, however, neither the Bishop Court improvements, nor the Kensington Road driveway are reflected in the site plans submitted. If improvements to Bishop Court and/or a driveway onto Kensington Road is intended, the following must be addressed: Village of Mount Prospect I Page 2 a. The raised, landscaped island at the end of Bishop Court will need to be preserved as much as possible maintaining the counter -clockwise traffic pattern. AutoTURN diagrams would be required to justify if any modifications are necessary and, if so, to determine an acceptable design for the island. Staff is agreeable to allow the existing driveway to be modified to provide separated employee traffic and truck traffic entrances directly from Bishop Court. Costs associated with changes to the pavement, curb, lighting, utilities, trees, etc. will be the responsibility of the developer. b. Kensington Road is under the jurisdiction of the Illinois Department of Transportation (IDOT). Consequently, any work within the Kensington Road right-of-way, including a proposed driveway, will require an IDOT permit. It is recommended that engineering plans be submitted to IDOT to determine if a driveway will be allowed and the required scope of work. Any Conditional Use approval or Building Permit issuance would be contingent upon IDOT approval. Items 4-9 are proposed conditions of approval (no action needed): 4. Petitioner shall satisfy all review comments in this letter prior to permit issuance. 5. The building wings or a precast wall shall extend at least as far south as the length of the truck docks to screen the dock area from Bishop Court and Wolf Road. 6. Continuous W evergreen landscaping shall be installed on the south and southeast lot line to screen the loading docks from Wolf Road. 7. Petitioner shall make every effort to have minimal impact on the existing mature landscaping along Kensington Road and Wolf Road. 8. Alternate site plan: a. The subject property may only be utilized fora pharmaceutical distribution center, pharmaceutical fulfillment center, pharmaceutical logistics facility, or another use primarily involving the warehousing and distribution of prescription medications and related health care products. b. Signage and a fence or gate shall be installed on the subject property at the Kensington Road entrance to restrict access for employee use only. c. Petitioner shall make every effort to minimize parking lot encroachment on Kensington Road landscaping, including utilizing a retaining wall to maintain berm heights consistent with adjacent parcels along Kensington Road. 9. At the time of building permit submittal, the following plans shall be in full compliance with the Village Code: photometric plan, landscape plan, sign plan. Items 10-32 are required prior to permit submittal: Planning 10. Provide a proposed development schedule indicating date and phases in which the project will be built, including approximate start date of construction, number of construction phases and start / end dates. 11. Provide a copy of the existing ingress and egress easement providing shared access between the subject property and the property immediately to the south. Provide a draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable. Fire Department Village of Mount Prospect I Page 3 12. Afire sprinkler system and standpipe system in accordance with NFPA 13 and NFPA 14 will be required for this project for all buildings. Ensure fire sprinkler shop drawings, hydraulic calculations, and equipment cut sheets are submitted for review. Village of Mount Prospect Fire Prevention Code, 24.202 13. A fire alarm system will be required for this project. Ensure that the 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, 24.202 14. An additional means of egress may be required based on occupancy load and travel distances. Additional means of egress may be depending on the final room configuration. 15. An egress plan must be provided for the entire building. 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. Fire lanes will be required based on the site review. Additional marking of fire lanes will be required. Fire lane construction details will need to be determined during permit review. 17. 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 18. All new sprinkler risers and associated fire pump equipment shall be in a separate room with a minimum of two-hour construction. 19. A fire pump and standpipe system(s) will be required for this building. Please ensure that drawings are submitted for these systems to the Fire Department for review. 20. Fire hydrants are shown to be supplied from watermains throughout the new development. Water flow calculations will be required to verify that the new proposed watermain sizes can meet the required fire flow GPM demand. This documentation must be provided to the Village of Mount Prospect's Public Works Engineering Department for review and approval, along with a copy to the Mount Prospect Fire Department. 21. Provide an emergency vehicle/apparatus turning radius diagram for all parking lots, fire lanes, and turnaround points. Village of Mount Prospect Fire Prevention Code, 16.403 C Public Works Site Plans 22. Confirm the Overland Flow Route shown on Sheet GR1. It appears that if the proposed system becomes surcharged, water will likely overflow the inlets north and/or west of the proposed parking lot (rim elevations = 53.0) and flow northeast and/or southwest off site before overtopping the ridge lines in the parking lot (pavement elevations = 53.85 and 53.40). 23. Note the design high water level within the volume control chamber on the plan. 24. Regarding the water main shown on Sheet UT1: a. We have no objections to connecting the new water main to the existing valve vaults east and west of the site. However, it should be understood that these valves are old, and will not likely pass the required pressure test. Note on the plan that if the existingvalves cannot be reutilized, it shall be the responsibility of the developer to replace them as part of this project. b. Correct Note 3 to specify DIP Class 56. c. The proposed water main only serves 1600 Bishop Court. Note on the plan that the new water main shall be privately owned and maintained. 25. Note the Season High Groundwater Level (SHGL) in the Underground Vault Volume Control Detail on Sheet D2, and in Detail 1.1 on Sheet D3. Confirm that the bottom of the volume control chamber is at least 2' above the SHGL. Village of Mount Prospect I Page 4 26. Confirm the Allowable Maximum Grade over the volume control chamber of50.60 noted in Detail 1.1 on Sheet D3; the grade at the southeast corner of the chamber shown on Sheet GR1 is 51.25. Stormwater Management Report 27. Clarify in the Site Detention Storage Requirements described on page 5 that the volume required beyond the volume originally provided reflects both the change in rainfall data, and the increase in impervious surface. 28. Confirm the Time of Concentration (Tc) calculations. The calculations use a time for 1,225' of shallow concentrated flow thru the storm sewers of 29.6 min, however, the total Tc calculated in the Storm Sewer Tabulation is 14.03 min. 29. Use the calculations for a broad -crested weir for the overflow along the driveway. Also, the weir calculations assume a constant weir elevation, but the pavement rises from 51.80 to 52.10 across the width of the driveway. 30. Confirm that the existing volumes calculated using the GIS contours are to the design high water leve 1, a n d n of t h e ove rf low leve Ls. General Comments 31. A permit will have to be obtained from the MWRD for the proposed sanitary service and stormwater management improvements prior to beginning construction. Permit applications were included as part of the submittal for the Conditional Use review. We will process these applications after they are updated to reflect any design changes triggered by the comments contained in this review, and after Conditional Use approval has been received. Building Division 32. At time of permit, please submit a full building code analysis including any architectural, mechanical, electric, plumbing items. Please make the changes for items 1-3 as noted above and submit a point -by -point response letter and pdf files of the drawings by June 25, 2026. Please upload revisions into the portal. Feel free to contact Antonia Lalagos at (847) 818-5302 / alalagos@mountprospect.org if you have any questions. Sincerely, 10, lie Iff u Antonia Lalagos Development Planner c: File 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-12-26 Hearing Date: July 10, 2026 PROPERTY ADDRESS: 1600 Bishop Ct PETITIONER: Wingspan Development Group LLC 1001 Feehanville Dr Mount Prospect IL 60056 PUBLICATION DATE: June 24, 2026 REQUEST: Conditional use approval to amend an existing Planned Unit Development (PUD) to construct a light industrial warehouse / office building and complete related site modifications at the subject property MEMBERS PRESENT: Joseph Donnelly William Beattie Ewa Weir Donald Olsen Richard Rogers Michael Fricano MEMBERS ABSENT: Wa lte r Szym cza k Fay Costa STAFF MEMBERS PRESENT: Antonia Lalagos — Development Planner Jason Shallcross — Director of Community Development Charles Hogan — Development Planner INTERESTED PARTIES: 8th Street Partners LLC 1600 Bishop Partnership LLC Chairman Donnelly called the meeting to order at7:01 PM. Chairman Donnelly moved on to Item Two, Approval of Minutes. Commissioner Weir made a motion seconded by Commissioner Beattie to approve the minutes of the Planning and Zoning Commission meeting on June 25, 2026. The minutes were approved 6-0. After introducing one item of new business, Chairman Donnelly introduced case number PZ-12-26, 1600 Bishop Court, a request for a conditional use to amend an existing Planned Unit Development (PUD) to construct a light industrial warehouse / office building and complete related site modifications at the subject property. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Ms. Lalagos reviewed the existing conditions at the property, located at the southwest corner of the intersection of Kensington and Wolf Roads. The Subject Property is zoned 1-1 Limited Industrial District and is part of a Planned Unit Development (PUD) that was established in 1987 and amended in 1989. She described the existing improvements - a vacant 96,000 square foot office building, and the current vehicular access to the site - an existing curb cut at the east end of Bishop Court and cross -access points between the Subject Property and the adjacent property to the south. Ms. Lalagos shared the proposal to demolish the existing office building and construct a 97,000 square -foot industrial warehouse facility and related site improvements. She explained that the submission includes an alternate site plan to accommodate a prospective tenant that has expressed interest in the property but has not finalized their site selection. Ms. Lalagos described the proposed primary site plan, including the elimination of one cross -access point, building setbacks, parking lot setbacks, a fire lane, truck docks, and total lot coverage. She stated that the Public Works Department is requesting that the southeast cross -access point be closed to further segregate car and truck traffic on the site. Ms. Lalagos explained that there is an existing cross - access agreement between the two properties and that this closure may not be possible. She noted this request will be reflected in the conditions of approval. Ms. Lalagos reviewed the alternate site plan, which resembles the primary site plan, but with a smaller building, more parking, and a new curb cut onto Kensington Road for use by employee passenger vehicles. She stated that the alternate building would be roughly 92,000 square feet and described the building setbacks, parking lot setbacks, truck docks, and total lot coverage. Ms. Lalagos showed a table comparing the required setbacks and lot coverage for the primary and alternate site plan, and noted that the parking lot encroachment on Wolf Road is due to the fire Lane, not from standard parking bays or drive aisles. Ms. Lalagos described the proposed elevations and floorplans. She stated that the building shell for the primary site plan is 89.5% warehouse use and 10.5% office use. Ms. Lalagos noted that the primary fapade material is painted precast concrete, with punch windows and second -floor glazing at the corner storefronts, and brise-soled awnings consisting of fabricated architectural steel. She stated that the building will utilize internal downspouts, and no exposed roof drains will be located along Wolf or Kensington Roads. Ms. Lalagos explained that the proposed building shell for the alternate site plan has the same split between warehouse use and office use, and that the elevations and materials proposed for the alternate building would be consistent with the primary building proposal. Ms. Lalagos reviewed the traffic and parking for the primary site plan, including 92 parking stalls and up to 20 truck docks. She noted that vehicular traffic would access the site at the Bishop Court curb cut, with passenger vehicles directed to the west and north side of the site, and trucks directed to the south side of the site. Ms. Lalagos described proposed modifications for the Bishop Court island to accommodate truck access to the site. She stated that the primary site plan would route vehicular traffic into the Kensington Business Center in a manner consistent with existing traffic patterns and at a level acceptable for a mixed -use business and industrial park. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Ms. Lalagos reviewed the alternate site plan, including 150 parking stalls and up to 10 truck docks. She explained the new curb cut on Kensington Road would allow right -in right -out access to the site and is intended for employee use only. Ms. Lalagos asserted that this stretch of Kensington Road is under the jurisdiction of the Illinois Department of Transportation and a new curb cut would ultimately be subject to the approval of IDOT. She shared that the Village will accept the alternative site plan with access to Kensington under the following conditions: 1) the Subject Property may only be utilized for a pharmaceutical user; and 2) the Kensington Road access will be restricted to employee use only. Ms. Lalagos shared the proposed landscape plan, including removal of 29 trees, preservation of the existing mature berm landscaping, and continuous evergreen landscaping on the south lot line to screen the loading docks from view. She reported that a fully compliant landscape plan would be required at permit submittal. Ms. Lalagos provided additional Staff comments on the proposal. She noted that approval of the PUD amendment does not constitute automatic approval of a future occupant, and that Staff would review a business license and building permit application to determine if the user is a permitted or conditional use. If a conditional use, the user would be required to go through zoning approval. Ms. Lalagos asserted that users are required to meet minimum performance standards related to noise, vibrations, smoke, fire hazard, toxic matter, odorous matter, and glare. She shared comments from the Public Works Department, including preservation of the Bishop court island, required IDOT approval for a Kensington curb cut, and the request to remove the southeast cross - access driveway to further segregate truck and passenger vehicle traffic. Ms. Lalagos summarized the public comment received prior to the hearing, which consisted of 7 written comments and 1 phone call. She stated that the most cited concern is increased truck traffic on Wolf and Kensington Roads, including concern for the safety of pedestrians and vehicles on Wolf, Kensington, and within the Kensington Business Center (KBC). Ms. Lalagos shared requests for pedestrian safety improvements on Wolf and Kensington Roads, and within the KBC, and requests for traffic and safety studies conducted in this area. Commenters asked how new access to Kensington would affect traffic patterns and queuing at Wolf Road. Ms. Lalagos shared concerns about the history of nuisances (odor, noise, emissions, traffic) from industrial users in the area, and requests for more information on how future users would be evaluated and held to minimum performance standards. She noted a comment about removing landscaping on the property and how it might impact noise and appearance. Ms. Lalagos shared a request to secure right-of-way for a multiuse path to connect the KBC trail to the Prospect Heights bike path and Des Plaines River Trail. Ms. Lalagos concluded the presentation with a request 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 as written in the Staff report, with added conditions regarding the cross -access points. Ms. Lalagos stated that the Village Board's decision is final for this case. Chairman Donnelly asked if the Commission is approving the primary or alternate site plan, or if they approve the motion, is the Commission approving both site plans. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Ms. Lalagos explained that the motion is written to approve both site plans but with the condition that the alternate site plan is only acceptable if the future tenant is a pharmaceutical user that meets all of the conditions as written. Chairman Donnelly asked why it is required to be a pharmaceutical user. Mr. Shallcross explained that the developer is proposing to build a speculative warehouse without a user identified, and at the same time they are pursuing a build -to -suit opportunity and are directly negotiating with a user seeking the alternate site plan. The user has not signed any formal agreements or leases but has made specific requests for a preferred site plan. The Village supports the alternate site plan as long as it is for a pharmaceutical user. Chairman Donnelly asked if it would be pharmaceutical distribution or manufacturing. Mr. Shallcross replied that he does not have an interior build out application at this time, and it is an ongoing negotiation between the developer and a potential tenant. Commissioner Beattie noted that the primary site plan has a slightly bigger building with up to 20 truck stalls, which means it is designed for more truck traffic, versus the alternative site plan with 10 truck stalls which may lessen the concern over truck traffic for people in the neighborhood. He reiterated that none of the uses would have trucks entering off Kensington or Wolf Road, but thought the developer should pick one design. Mr. Shallcross stated that the user pursuing the built -to -suit option will not agree to anything until they have an approved building. He indicated that the user will not sign anything that will obligate them to a lease if their building can't be built. Commissioner Beattie replied that would be an issue for the builder either way, since the speculative building doesn't have a user yet either. He said it was unclear why they were requesting approval for two different structures, with two different types of uses, and perhaps two different Levels of intensity. Commissioner Beattie thought the user should be identified first so that neighborhood concerns could be better addressed. Ms. Shallcross reiterated that the primary site plan is fora speculative industrial warehouse building, which is a permitted use in the zoning district. He explained that the Petitioner is not proposing to change the zoning district and that this type of building is allowed by right in the district. Ms. Shallcross noted we have had several speculative warehouses constructed in the Village, most recently at 1305 Algonquin Road, and it did not require zoning relief. He stated that when the 1305 Algonquin user applied for an interior build out permit, the Village verified that it was a permitted use and issued the permits and ultimately the certificate of occupancy for that use. Mr. Shallcross pointed out that this approval is narrow because the alternate site plan is only for a pharmaceutical use. If a potential user is interested in the speculative warehouse, it would be on Staff to determine if the use is permitted, conditional, or prohibited, and the developer and user may have to seek additional zoning relief. Commissioner Beattie asked if the developer only wanted to build the primary site plan, would they need to appear before the Commission. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Mr. Shallcross clarified that yes, zoning relief is required because the property is in a Planned Unit Development. He explained that the Petitioner needs to amend the PUD that created the current dual office campus because they are proposing to substantially alter the character of the PUD, which requires Village Board approval subject to the recommendation of the Planning and Zoning Commission. Chairman Donnelly summarized that the Petitioner is requesting approval of both site plans with some relief from zoning requirements, and then they can move forward with either building they choose. Mr. Shallcross confirmed that the developer can either land the pharmaceutical user and pursue the build -to -suit opportunity, or they build the speculative warehouse building on what is now 100% vacant office building. Chairman Donnelly asked if there was a list of requested zoning relief or exceptions. Mr. Shallcross stated that the non -conformities are lot coverage and parking lot setbacks. He reiterated that the parking lot nonconformity is largely driven by the fire lane on the east side of the building. Chairman Donnelly asked if the Fire Department required the fire lane. Mr. Shallcross replied yes. Chairman Donnelly asked if Public Works had any concerns regarding lot coverage. Mr. Shallcross replied no. He explained that the KBC operates on a series of connected stormwater ponds that the Village maintains. Ms. Shallcross asserted that any additional stormwater capacity triggered by the redevelopment of the site would need to be factored into the engineering plans as part of the building permit phase. He noted that the developer is aware and has committed to meet all stormwater requirements. Commissioner Beattie asked where stormwater would be stored. Mr. Shallcross replied that the detention structures are underground and the water is then piped to the ponds. Commissioner Weir confirmed that one of the conditions of the permit is to update the detention for the additional impervious surface area. She asked but for the fire lane, would they meet the lot coverage requirement. Mr. Shallcross did not have the answer on hand but believed the site without the fire lane would still be over the maximum by a small percentage. Commissioner Weir stated that the KBC is an internal circulated business park, and asked if the only exception is the Police Department parcel that exits onto a public road. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Mr. Shallcross said yes but it depends on whether you consider 350 Wolf Rd a part of the KBC, even though it doesn't have any internal access to the business park. Commissioner Weir asked if there was concern that this is setting a precedent for other lots in the KBC opening to the right of way. Ms. Shallcross replied no, everything is considered on a case -by -case basis. He stated that Village policy has been to prohibit exterior access, but he couldn't say it would never happen. Commissioner Weir discussed the lighting on another industrial building that is adjacent to a residential area. She noted that the developer took steps to minimize the light at the property line, however there is still a visibility issue, in that if you look out your window at night you can see the Light source. Commissioner Weir asked where the lights will be on the subject property and at what elevation. Mr. Shallcross deferred to the Petitioner. He noted that the subject property is not adjacent to any single-family residential neighborhoods; to the east is the water commission, to the north is a church, and to the west and south are other industrial businesses in the KBC. Chairman Donnelly asked if there are plans to expand Kensington in this area from a two- to a four - lane road. Mr. Shallcross replied no, and stated that Staff did not require a traffic study because they did not believe it would change or harm the level of service on Kensington Road. He reported that Kensington Road has an average of 8,000 vehicles per day, and Wolf Road is close to 17,000 vehicles per day. Mr. Shallcross emphasized that Staff did not believe a pharmaceutical use would warrant any further improvements to Kensington. He reiterated that the Kensington design is subject to IDOT approval. Commissioner Weir asked if Staff had reviewed the turning exhibits for the Bishop Court entrance. She asked if it met the turning radius requirements for trucks. Mr. Shallcross confirmed that the Petitioner widened the entrance in response to Staff's concerns on the turning radius. Commissioner Beattie asked if there is anything unique about the project that this wouldn't set a precedent for other office buildings to be redeveloped into warehouses. Mr. Shallcross stated that it is not setting a precedent because it is tied to a specific use going in. He noted that the speculative warehouse site plan is not proposing access to Kensington. If another developer came along and asked for access to Kensington, Wolf, or Wheeling Road, the response would be that we approved this specific site plan for a specific use and access is not automatically granted for any other potential users. Commissioner Beattie asked if both proposed uses would be required to amend the PUD, with or without the access to Kensington. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Mr. Shallcross replied yes. Commissioner Beattie asked if this is going to prompt more builders to request warehouses, when they see that a warehouse was approved in this location. Mr. Shallcross replied that the informal policy has always been to deny external access from KBC parcels. He reiterated that the Village is evaluating this for a very specific use as they pursue a build -to -suit opportunity for this property. Mr. Shallcross asserted that external access has not been granted for any other use in the KBC except the Village's police station. He emphasized there is no code prohibiting access to Kensington Road, it is just a long-standing policy that has been in place since the annexation of the KBC parcels in the 1980s. Commissioner Beattie clarified that he was not questioning the Kensington access but whether or not they need the PUD amendment to tear down the office and build a warehouse. Mr. Shallcross stated that there are several warehouses in the KBC. He conveyed that the Petitioner is proposing a speculative industrial building shell, without a user identified. Ms. Shallcross explained that the Petitioner could show the space to potential tenants and discuss customization of the interior layout. He noted that the building may end up having more than one user. Commissioner Beattie clarified that he is wondering if this promotes the replacement of uses with Less intense traffic with uses that have more intense traffic. Commissioner Weir added that when KBC was originally developed, that area was the "front door" of the business park and they purposefully put office buildings there and an appealing front fagade with all the distribution behind it. She noted that now KBC is proposed to be flanked by two industrial buildings, one on the south that wasn't originally in the park but by default feels like it, and now an industrial building on the north end. Commissioner Weir asked if we were changing the overall master planning and intent of the KBC by changing the use at its "front door." Mr. Shallcross said he wished the average vacancy rate for the suburban office market was not pushing 30%. He reported that the subject property is fully vacant, and the adjacent office buildings at the "front door" have substantial vacancies. Mr. Shallcross pointed out that 500 W Central Rd near downtown Mount Prospect is a fully vacant office building being converted into residential units. He said if there was a solution to make office uses viable, he would pursue it. Mr. Shallcross conveyed that Staff believes the proposed use is permitted by right, the property is zoned industrial already, and it is replacing an office building that is 100% vacant and deteriorating. Mr. Shallcross reiterated that if not this, then what becomes of all the vacant suburban office buildings. Chairman Donnelly asked about the bike trail public comment. Mr. Shallcross replied that Public Works reviewed the request against the bike network plan and does not support a connection on this property. Public Works noted that there are existing planned Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 improvements for the corridor and identified other more suitable parcels to make bike network connections in this area in the future. Chairman Donnelly swore in a representative for the Petitioner, Jack DiNardo of 8t" Street Partners LLC, 406 W 8t" St, Hinsdale. Mr. DiNardo explained that the primary site plan is a speculative industrial building that is meant to be flexible and suit multiple uses. He stated that the level of parking provided is adequate in their experience. Mr. DiNardo said they designed it for a single or potentially multi -tenant use. He conveyed that at an early stage they identified a potential user that has a more bespoke requirement, so they reduced the truck loading, increased the parking and shrunk the building to meet the user's needs. Mr. DiNardo stated that the timing is why they are asking for approval of both plans; so they can meet the market for a speculative product but also be able to pivot to the other design if they are able to secure commitment from the user. There was a brief pause in the proceedings as Commissioner Rogers left the hearing. Mr. DiNardo asserted that they were thoughtful about the look and feel of the building as an entrance point to the business park. Mr. DiNardo indicated that the location can serve a variety of uses and will be attractive to companies who want a high profile, higher visibility location like Mount Prospect. He noted that they incorporated design features and an extensive landscape plan to aid in screening as well as the overall aesthetic of the development. Chairman Donnelly asked if the Kensington access is not approved, is the deal gone. Mr. DiNardo stated that he could not answer; the Kensington access is a specific design characteristic that has been discussed with the user, that he would like to provide and the user would like to utilize for their employees. Commissioner Beattie stated that the Kensington entrance would only be used for cars. He asked if the only entrance and exit for cars would be on Kensington or if they could use the Bishop Court entrance. Mr. DiNardo replied yes, cars can also use the Bishop Court access. Chairman Donnelly noted some concerns about turning left into the site from Kensington: it is a two-lane road, speed limit is 45 miles per hour, and the access is not far from the Wolf intersection. Mr. Shallcross clarified that the Kensington access would be restricted to right in, right out only. Chairman Donnelly asked how they will prevent people from cutting through the site to avoid going to the intersection. Mr. DiNardo replied that has not been considered yet, but they can look into it. He noted that security is of high concern for that user and it would be addressed by both the developer and user if they move forward. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 Chairman Donnelly suspected that not a lot of people will be attempting to access the site driving eastbound on Kensington; most would be traveling on Wolf or westbound on Kensington. He noted that most people would want to avoid the Rand / Kensington / Elmhurst intersection so the easiest entry point would be from the interior of the business center. Mr. Shallcross added that people traveling east have the opportunity to enter the park at Wheeling Road, which is a signalized intersection. Chairman Donnelly suggested that people traveling on Euclid would be more likely to enter the park from Wolf Road, not Wheeling Road, which is slower. He did not think the Kensington access would be needed because it would not be used much. Commissioner Weir asked what the anticipated hours of operation are for both building options. Mr. DiNardo replied that they do not know; they do not have details from the potential user and similarly for the speculative option they do not have a user identified yet. Commissioner Weir asked if there are restrictions on hours of operation. Mr. Shallcross replied that the Village does not have code restricting business hours of operation. Commissioner Weir asked if the build -to -suit option is for employees or the public as well. Mr. DiNardo said to his knowledge there will not be a large visitor component. Commissioner Weir said the lighting is three poles and lights on the building, and asked if he had additional information. Mr. DiNardo replied they are designing the lighting to meet code, but they are still at a conceptual phase. Commissioner Weir asked if the lights would always be on. Mr. Shallcross replied that they would likely be required to be on at all times by Village code, especially if there is a business operating there. He stated the Village has minimum lighting requirements for parking lots. Mr. Shallcross noted that the nearest residential properties are southeast in Des Plaines, and the Petitioner is proposing continuous six-foot evergreen screening along the south and southeastern perimeters. Commissioner Beattie noted concerns about additional traffic and asked what a typical occupant Looks like for one of these buildings. Mr. DiNardo replied they are designing the building for a variety of options, such as distribution, Light assembly, or e-commerce fulfillment. He suggested that the corner location in an existing business park typically lends itself to higher profile businesses than just a warehousing operation; there is potential for a user that needs both warehousing space and an office component. He said it Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 10 is difficult to speculate on the additional traffic that will be generated but in their experience this design creates flexibility for a user with some truck loading and some car parking. Commissioner Beattie asked what historically has gone into their other developments. Mr. DiNardo replied that these are the types of users on the market actively looking for space. He reported 92 parking spaces in the plan, and with 17,000 cars per day on Wolf Road and 8,500 on Kensington, 90 cars is not a lot of added traffic. Commissioner Beattie clarified that the concern is about semi -truck traffic increasing in the area, even though the trucks would not be accessing the site on Kensington. He asked if they anticipate a Lot of truck traffic for the speculative option. Mr. DiNardo replied that they have 18 truck -level docks in the plan, but they will have equipment for only 10 docks on day one. He reiterated they are not trying to overbuild with 18 docks on day one and then have a user come in that only has a couple of trucks per day. Mr. DiNardo pointed out the plans do not contain any trailer storage; often if you are a heavy truck volume user you will look for a larger site with overnight trailer storage in addition to the dock areas. He said at this stage they are trying to design a flexible building that meets a lot of different needs. Chairman Donnelly asked if they are ok with closing the southeast entrance. Mr. DiNardo replied yes, they need to study it with the engineering and design team, but it seems consistent with their intent to separate car from truck traffic. Erin Cullen of 1513 E Jeffrey Dr, Mount Prospect was sworn in. She asked if there were any traffic calming measures that could be implemented before a new user is approved. Ms. Cullen reported that within KBC there is a pedestrian path, sidewalks, and a crosswalk next to the Bishop Court entrance. She and other nearby residents are not just concerned about traffic on Kensington and Wolf, but also about traffic within the KBC and the increase in truck traffic from industrial buildings being constructed. Ms. Cullen did not believe there were any new traffic studies conducted in the Last few years, and she thought studies would be helpful before approving more large industrial buildings in the area that impact pedestrians. She noted that children are harder see from higher trucks, children on bikes may not be as attentive, and children cross the KBC entrance at Wolf frequently. Ms. Cullen acknowledged there is a light at the KBC entrance but there have been accidents and asked if we have studied the traffic impacts enough to address the current petition. Chairman Donnelly noted that the request is Village Board final so there are more opportunities to get additional information. He thought this would be a request for Staff since it has to do with the KBC asawhole, not the particular property. Chairman Donnelly noted there have been numerous recreation and sports conditional uses approved in the KBC over the years, so we are not seeing as many trucks as when the buildings were originally designed. Mr. Shallcross replied that right of way improvements would be a Village responsibility, and projects on state roads would require state bid letting. He explained that municipalities do partner with IDOT on some improvements and the Village may be able to make improvements on these rights of way if something is identified. Mr. Shallcross reported that Staff is currently pursuing bike Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 11 Lane improvements on Kensington. He explained that if there are concerns about safety at specific intersections or at certain segments, we have a Traffic Safety Commission that orders studies. He offered to share specific concerns with the commission. Ms. Cullen asked if more information could be shared about the potential user for the alternate site plan, in terms of operating hours, emissions, noise, etc. so that nearby residents could know what to expect. Mr. Shallcross replied that they do not have a signed lease yet and the Village has not received a formal petition or an interior buildout plan, because the building has not yet been entitled. Chairman Donnelly noted that the user has requirements that need to be met. He asked if the property is zoned to do manufacturing. Mr. Shallcross replied he does not have information on what exactly the pharmaceutical user wants to do. Chairman Donnelly stated that there are limits to what can be done on the property, and no heavy manufacturing is allowed. Mr. Shallcross confirmed yes and clarified that light manufacturing is permitted. Ms. Cullen asked if it would be possible not to approve both proposals at the same time. Chairman Donnelly stated it is not practical because they are approving the conditional use fora facility and all they are doing is asking for two different layouts. He noted there is no difference between the relief asked for in both proposals. Mary Pat Donohue of 1411 Callen Ln, Des Plaines was sworn in. She said her main concerns were quality of life and safety of the community. Ms. Donohue said that her child was hit by a car close to where OnTrac was built, and later there was another accident at the same location, near Lowden and Wolf. She explained that there are many pedestrians in the area even though you do not see them all the time. Ms. Donohue shared that she was not sure why there have to be two warehouses on Wolf Road. She pointed out that across from the subject property is a church and Sycamore Trails Park, and there is a daycare center on the opposite corner. Ms. Donohue felt she needed to come forward to speak on behalf of the working parents who can't come to the meetings to voice their concerns. She reiterated that quality of life and safety are important for retaining residents in Illinois and in Mount Prospect. She believed that the warehouse isn't in the best interest of the community. Victoria Karalis of 1809 E Euclid Ave, Mount Prospect was sworn in. She stated that she dislikes the plan but understands the approach, "build it and they will come." Ms. Karalis said that she loved that the Petitioner wants to bring business to Mount Prospect, because nobody likes a vacant building. She pointed out that the proposal is roughly 90% warehouse, and roughly 10% office, and questioned why the corner anchor at a major intersection is going to be a warehouse and not an approachable building. Ms. Karalis suggested that even though the site is zoned industrial, with high landscaping, and with the Police Department nearby, a corner warehouse at a prominent Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 12 corner signals this is an industrial location and will attract any crime that comes with an industrial operation. Sylvia Luchez of 1615 Ironwood Dr, Mount Prospect was sworn in. She frequently walks around the area with her 14-month-old and lives across the street from the site. Ms. Luchez stated she supports economic development and warehouses, but she questioned why this location. She shared that her child will start attending Parkview Montessori in the KBC next month and she will be walking to the daycare with her child. Ms. Luchez questioned to what extent does the project fit the original intent of the Kensington business park — she asserted it is a park, with a trail and animal Life. Ms. Luchez explained that she walks there for pleasure, and it is important to her that the area is safe. She felt that the community southeast of the site has been considered but her neighborhood has been overlooked. Ms. Luchez wanted to know how this project would benefit her and her neighbors that live in the Camelot area. She expressed concern about light and air pollution, and aesthetics, and hoped that her community would be considered as well. Chairman Donnelly asked if the subject property will have less light trespass than the police station because it has far more berm landscaping. Mr. Shallcross replied yes, substantially. He noted that the Village has minimum light levels at property lines. Chairman Donnelly and Commissioner Beattie agreed that the police station is very bright at night. Chairman Donnelly asked if the Village would confront the warehouse if it was as bright as the police station. Mr. Shallcross replied yes. Chairman Donnelly stated that a fence could be proposed to address crime. Mr. Shallcross replied that this is one parcel of a large business park and to his knowledge the park has no existing crime issues. Commissioner Beattie stated that he would be more concerned about a vacant building. Mr. Shallcross agreed. Chairman Donnelly asked if the park is mostly comprised of warehouses, except for the two office buildings. Mr. Shallcross confirmed there are two office buildings, and there are other office uses in the park. He noted that the park is a mix of industrial, commercial, and institutional uses. Chairman Donnelly discussed how the Commission had initially been reluctant to approve sports training facilities in the KBC, but he found that it was beneficial to have all these uses there and believed it was a good use of the facilities. He felt that the project would bring back warehouse space to KBC after so much warehouse had been converted to other uses. Chairman Donnelly asked if the traffic for the warehouse would be less than the other uses. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 13 Mr. Shallcross replied that Staff is comfortable with the existing road network and pointed out that all of the entrances to and from the site are controlled from signalized intersections, except the right in right out proposed for Kensington Road. He stated that if a traffic issue arose, Village Staff would respond accordingly. Chairman Donnelly stated that pedestrian safety is addressed with the Transportation Safety Commission. Mr. Shallcross affirmed this, and said that the Commission could study the pedestrian crossing at Bishop and Feehanville to identify safety improvements such as separation, signage, reflectors, etc. He emphasized that they would want to study the intersections first. Chairman Donnelly asked if Police, Fire, and Public Works all agreed to the plan, except for the request from Public Works to close off the southeastern cross -access. Mr. Shallcross replied yes, with the understanding that there is an existing rights and easement agreement that is in place from when the original PUD was created and we cannot create a conflict with those private agreements. Chairman Donnelly asked if this request needs to be added to the conditions. Mr. Shallcross stated the new condition, "the closure of the southeastern cross -access point should be evaluated prior to the issuance of a building permit." He added that the design shall be subject to final approval of the Village Engineer. Commissioner Beattie discussed the hours of operation. He recalled an old request involving the expansion of a trash collection facility and how residents across the street were concerned about trucks coming in the middle of the night. Commissioner Beattie asked if there are any controls or guarantees that whatever occupant goes into the subject property, it will not be doing business at 12:30AM with bright lights on. Mr. Shallcross replied that the use is not identified for the site, and controls would be identified when the Village receives a proposed build out. If the proposed user is a conditional use, then it would be appropriate to condition the hours of operation at the time of zoning approval. If itisa permitted use, allowed by right, then no, the Village does not have business hour restrictions. Commission Beattie asked if there are other opportunities for residents to voice their concerns over hours of operation. Mr. Shallcross said you could apply restrictions without knowing the user, but he felt that it would be premature and is not something that the Village has done to other businesses unless it was a conditional use. Commissioner Beattie clarified that it does not have to be decided tonight but if it does become an issue in the future, the conditional use process is the avenue to address it. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 14 Mr. Shallcross replied that is correct if the proposed use is a conditional use. Chairman Donnelly asked if there were restrictions on OnTrac. Mr. Shallcross replied no, it is a permitted use. Chairman Donnelly asked if OnTrac can operate 24/7. Mr. Shallcross replied yes. Mary Beth Stillmaker of 676 Middleton Ln, Des Plaines was sworn in. She stated she lives across the street from OnTrac, and it has been a nightmare since it was built. Ms. Stillmaker noted that municipalities have nighttime quiet hours from 10PM to 7AM, and asked if these hours also apply to businesses or only residents. Mr. Shallcross stated that there are two topics at hand: business operational hours, and noise. He explained that business operational hours are not restricted but noise is; for example, construction hours are from 7AM to 7PM. Mr. Shallcross said that if there are noise concerns reported to Village Staff, the Village inspects and follows up, but that is separate from a business operating overnight. Ms. Stillmaker asked if a semi -truck comes in at 3AM and makes noise, are they not restricted because they are a business operation. Mr. Shallcross observed that semi -trucks routinely drive on Wolf, Kensington, and throughout the KBC and they are allowed to drive on right-of-way. Ms. Stillmaker clarified she meant trucks unloading loudly and making beeping noises. Mr. Shallcross stated that the Village has pursued OnTrac regarding noise and the machine that was the source of the beeping complaints was taken off site. He reiterated that the Village pursues violations if they take place. Ms. Stillmaker asked if the Village still has zoning requirements for noise. Mr. Shallcross confirmed yes, there are noise performance standards. Ms. Stillmaker asked if the Village would address noise issues if generated by the proposal. Mr. Shallcross replied yes, they would address noise generated on site, and clarified that the noise performance standards apply to properties zoned 1-1. Peter Prokopowicz of 9214 Knight Ave, Des Plaines was sworn in. He stated he does not live near the structure, but his sister does. He asked if the six-foot evergreens would be sufficient to shield the lights, and asked how high up the lights would be. Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 15 Chairman Donnelly said there are minimum standards for landscaping and lighting. He offered a comparable situation where the lights are on the third floor of the parking garage at Randhurst but cannot be seen from Boxwood. Commissioner Beattie added the lights are required to be cut-off, so the light goes down, not out. Mr. Prokopowicz asked if the other businesses in the park had been asked for their opinion about a Large warehouse as the face of the park and would this building cause businesses to leave because they don't want to be fighting with a new user. Chairman Donnelly said that the Village would not recommend approval if they believed the proposal would cause tenants to leave. Mr. Prokopowicz asked if the users of these speculative buildings tend to use local trucks and Locally sourced materials where the drivers know the correct way to navigate in and out of the park, or will it be long-distance shipping with greater potential to have trucks circling the area to find the entrance. Commissioner Beattie reiterated that in either scenario, the only truck entry to the site will be through the interior of the park, far away from the residential areas. Mr. Prokopowicz asked if there is a specific route the trucks are coming from. Chairman Donnelly replied that Wolf Road is the truck route and trucks tend to come in to the KBC through the Wolf Road entrance. Mr. Prokopowicz emphasized that the truck drivers might have some trouble navigating if they are not familiar with the area. Hearing no further comments or questions, Chairman Donnelly closed the hearing and asked for a motion to approve the conditions as noted in the Staff report, plus two additional conditions relating to the closure of the southeastern cross -access point and methods to discourage cut through traffic [in bold]: "A conditional use to amend Ord. 3777and Ord. 4067 of the Planned Unit Development at the Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center to redevelop the property located at 1600 Bishop Court, Case No. PZ-12-26, subject to the following conditions: 1. The Subject Property shall be developed in substantial conformance with the approved development plans which consist of the following (collectively the "Approved Plans"): a) The Primary Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting a speculative industrial building containing approximately 97,605 square feet of gross floor area; b) "Concept Elevations," prepared by Ware Malcomb and dated June25, 2026; and c) "Overall Landscape Plan - Sheet L1.0," prepared by Kathryn Talty Landscape Architects and dated June 6, 2026; Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 16 2. The building wings or a precast wall shall extend at least as far south as the length of the truck docks to screen the dock area from Bishop Court and Wolf Road; 3. Continuous 6' evergreen landscaping shall be installed on the south lot line and the southernmost 75 feet of the east lot line to screen the loading docks from Wolf Road; 4. The Petitioner shall make every effort to have minimal impact on the existing mature landscaping along Kensington Road and Wolf Road; 5. The Bishop Court island shall be preserved as much as possible maintaining the counterclockwise traffic pattern, with final design subject to the approval of the Village Engineer; 6. The Petitioner shall evaluate the closure of the southeast cross -access point between 1600 Bishop Court and 1660 Feehanville Drive to better separate trucks from personal vehicles, with final design subject to the approval of the Village Engineer; 7. The Alternate Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting a speculative industrial building containing approximately 92,343 square feet of gross floor area, may be implemented instead of the Primary Site Plan, provided the following additional conditions are satisfied: a) The Subject Property may only be utilized for a pharmaceutical distribution center, pharmaceutical fulfillment center, pharmaceutical logistics facility, or another use primarily involving the warehousing and distribution of prescription medications and related health care products; b) The Petitioner shall design and construct the Kensington Road entrance to restrict its use to employees only, prevent vehicle stacking onto Kensington Road, and discourage cut -through traffic. The access control measures shall be subject to the approval of the Village Engineer and may include, but are not limited to, fencing, gates, signage, or other traffic control measures; c) The Petitioner shall make every effort to minimize parking lot encroachment on Kensington Road landscaping, including utilizing a retaining wall to maintain berm heights consistent with adjacent parcels along Kensington Road; d) Prior to issuance of building permit for development pursuant to the Alternate Site Plan, the property owner or applicant shall submit documentation satisfactory to the Director of Community Development demonstrating that the proposed principal occupant will utilize the facility for one of the permitted uses identified herein; e) Upon written determination by the Director of Community Development that the proposed occupant satisfies the requirements of this Section, development in accordance with the Alternate Site Plan shall be deemed consistent with this Planned Unit Development and may proceed without further amendment to this Ordinance; and f) If the proposed occupant does not qualify as a pharmaceutical -related user, development of the property shall occur only in accordance with the approved Primary Site Plan unless a Planned Unit Development amendment is approved in accordance with the requirements of the Zoning Ordinance; 8. The Petitioner shall address all comments included in the Village Review Letter dated June 18, 2026 prior to permit submittal; 9. Prior to the issuance of a building permit, the following plans shall be in full compliance with the Village Code: a) Photometric plan; b) Landscaping plan; and Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 17 c) Sign plan; and 10. The development shall comply with all applicable development, fire, building, and other Village Codes and regulations. 11. Except for the amendment to the planned unit development request granted herein, all other applicable Village of Mount Prospect, Illinois ordinances and regulations shall remain in full force and effect as to the subject property." Commissioner Beattie made a motion and Commissioner Weir seconded the motion. UPON ROLL CALL AYES: Beattie, Fricano, Donnelly NAYS: Weir, Olsen ABSENT: Rogers The Planning and Zoning Commission gave a positive recommendation (3-2) to the Village Board for the July 21, 2026 meeting. Chairman Donnelly asked if there were any citizens to be heard. Hearing no further discussion, Commissioner Beattie made a motion seconded by Commissioner Weir and the meeting was adjourned at 8:37 PM. b, adry mow., ^ M Antonia Lalagos, Development Planner Planning & Zoning Commission Meeting —July 9, 2026 PZ-12-26 From: Alina Berzescu To: Lalaaos, Antonia Subject: Concern Date: Monday, July 13, 2026 1:08:22 PM We are very disappointed with Mount Prospect decisions! OnTrac is very disturbing at night and mornings and we are not ok with building something else that is going to affect our neighborhood! ! ! We are asking The Village of Mount Prospect to hear our concerns! We have a beautiful community for over 30 years and building all these trucks terminals it is very disturbing and we will have so much more traffic and noise from them! Our community is not ok with that! The Berzescu family Sent from my iPhone From: Maureen Fabbri To: Lalaaos, Antonia Subject: Zoning amendment Date: Thursday, July 9, 2026 4:56:22 PM To whom it may concern - Please do not approve re zoning for the corner of Wolf and Kensington. We do not need anymore freight trucks on wolf road or Kensington road. Thank You Maureen and Mike Fabbri Longford Glen Subdivision Sent from my iPhone From: Allyson Simkins To: Lalaaos, Antonia Subject: Zoning proposal that affects Des Plaines residents who pay RTSD taxes and children attend RTSD. Date: Thursday, July 9, 2026 1:05:22 PM To whom it may concern: I am a Des Plaines homeowner, and the Vice President of the HOA Board for Kylemore Greens off of Wolf Road. My household and neighbors pays tax to River Trails School District and children attend district 26. The traffic that has already u nsafely affected and congested Wolf Road from the OnTrac site I'm afraid will significantly be increased with a change in zoning to the site on the agenda tonight for 7/9 at 1600 Bishop Ct. Children in Kylemore Greens who attend Maine West must walk across Wolf Road to get to the Pace bus. It already was dangerous with no traffic light,, stop sign, or crosswalk. OnTrac constant traffic with semis and drivers racing to meet delivery schedules has exacerbated this issue. Our communities (Mount Prospect and Des Plaines) must work together to guarantee our kids will get to school, sports, camp, and social activities safely. We want our communities to be navigable and safe for all people living in them. It is difficult to turn left out of Kylemore Greens and Longford Glen due to fast and congested traffic on Wolf Road. There was also a fatal car accident on Wolf Road this past year. I am writing to voice my opinion and sincere concerns to vote to not change to limited industrial. Thank you, Allyson Simkins Fronu. Sch reliijer - . lake - To: Lg I a �aos�,A, in S i i bj ect Fw,:: Public Conliment for7-9 Planillngaillid ZonlicnIeetlilrmg Date: Wednesday, Jully 81, 20,216 3:17:08 PIM PLIblic Carrinent f r7-9 Plainninin, and Zon-11-1 df "'It betieve that I sent thi's email to the right ad'dress,, ptease seeattached! email and, u rt �Pli m �p e r f ile to, re v i ew my c o�mI m e n t Ifo, r t he B, i's hl o p C o ty 2m mmiss�ionl 11 wo�ul Id I i ke It o �p rov il de a �p u b I [c c o m me nt fo r It hl e J u ly 9 P La n �n i� �n ga nd Zo n in g Co M e e It i n1g, re t, hre B, i's hl o p C o u rt �P m �p e rty g a rd i �n q iIpm C A 71 rd vivo". wow a nd Zo n �i�i n g "Publit Comment for 7-9 Planning p dif to view P le a Is e s,,e e It he a tta ic hl ed f i te f t hl e se e dl a dlj u st If u rt hl e r d e ta i L T ha n k yo u fo �r, yo �ul r It i m e a nd c o, If. to pmactive cammunilty planning. 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Oyu ... ..... �"/,�,/,�",�,(/,�",�,(/"",�,(/ NO NMI 000 lop- , '000, MMI IM ON LU, From: Erin Cullen To: Lalaaos, Antonia Subject: Planning and Zoning Commission- Written Objection Comments for Pz-12-26 (1600 Bishop Court) Date: Monday, July 6, 2026 4:46:54 PM Attn: Planning and Zoning Committee I reside in Mount Prospect and am writing to express my objection to the Petition of 1600 Bishop Partnership LLC's Petition for conditional use approval to amend the existing zoning and to construct an industrial warehouse at 1600 Bishop Court, which is set before you for a vote on July 9. Unfortunately, the agenda with the plans proposed for this project were only posted for public viewing on the Village's website on July 2, before the holiday weekend, so there is very little time allowed for public comment. Thus, as an initial matter, I request that you delay the vote on this petition until a later date to allow for complete public review and comment. Otherwise, it certainly gives the impression that this project is being attempted without any meaningful opportunity for your receipt of public comments from residents in the area. From the Petition posted, it requests a "conditional use approval for a major change to the Planned Unit Development" of the property at issue at Kensington and Wolf Rd. within the Kensington Business Center, seeking to now operate under Limited Industrial Zoning. The Kensington Business Center has in the past had properties that have operated outside of the intended zoning uses or violated ordinances and interfered with residential properties. For instance, an approval was given to Prestige Feed Products to operate at 431 Lakeview Court, after which there were years of odors, chemicals, and noise emanating from that facility into nearby residential properties, years of resident complaints, and ultimately several court cases requiring use of taxpayer funds for the Village's involvement, before that facility moved out at the end of 2025. It is my understanding that there have also been several resident complaints surrounding the building and operations of OnTrac trucking with respect to its trucking terminal at 350 N. Wolf Road, including noise and unsafe traffic. This request for the major change to 1600 Bishop Court should be considered with this history and the safety of the residents of the area in mind. While the published Petition for Bishop Court states that Mount Prospect "Staff finds that the proposal has incorporated adequate measures to safeguard public health, safety, morals, comfort, and general welfare"- it is unclear where in the petition public health and safety was studied or where the findings are published-- if that in fact exists with further data, please point me to the pages of such findings. The petition further states that "Staff would evaluate any future building permit and business license applications to determine if the proposed user constitutes a permitted or conditional use in the I-1 district. Future users would be required to meet minimum performance standards related to noise, vibrations, smoke, fire hazard, toxic matter, odorous matter, and glare." However, again, there is no information I could locate in the petition that describes HOW potential businesses will be vetted and how they will be restricted to meet minimum performance standards. In fact, the petition provides little information of the specifics of what this tenant will operate in this property and how that operation may impact public safety, health and comfort. Of note, the Administrative Content contains a June 25, 2026 letter from Nicholas Family of Companies, a company associated with 1600 Bishop Partnership LLC. This letter states only that "prospective tenants may include local and regional firms ... as well as national users seeking well -located infill facilities to support last mile distribution networks" but their prospective tenant is "confidential." Obviously, the nature of any tenant and operations in this proposed new facility is relevant to this petition. It should be noted that the same developer for this property (Nicholas) developed the property at 431 Lakeview Court and was involved with the lease of that property to Prestige Feed. How can the Village ensure that future uses of this property, similarly to what occurred with Prestige, would not further operate or request to operate industrial equipment that emits noise, toxic matter, smoke, etc., or how the operations of trucks to and from this property may impact residents and safety when there are no specifics of how that will be accomplished or specific requirements in this petition for the operations at this building and the changes to the property? What is being done to mitigate the risks of an industrial tenant not following Village ordinances in this area given the recent history of some operations of properties in the Kensington Business Center? The traffic and parking plan noted in the Petition notes the primary and alternate site plan depict either 100 or 150 parking stalls and more truck docks. One plan proposes a new entrance and curb cut to allow access to Kensington Road. There is also proposed trucking access to the Business Center Road by trucks from the current entrance area, with a proposed reconfiguration of the traffic circle. This is a much larger footprint for trucks to access this area than currently exists for the current office building in this property. There is already a notable increase of tricks on the roads in the area of Kengsington and Wolf due to OnTrac. These trucks have limited vision of pedestrians and even cars on the roads and sidewalks. There are simply more blind spots. Children regularly bike and walk on the sides of Wolf Road to and from schools and parks. There are schools even within Kensington Business Center (one being currently built I believe) and pedestrians walk within KBC. The lives and safety of those pedestrians are important. Yet I see no proposed additional safety measures proposed for the Kensington Road proposed entrance, or within KBC roads and out to Wolf Road. No additional pedestrian protections have been proposed by the Village in the area such as truck aprons with setback crossings, raised crosswalks, pedestrian medians, or pedestrian intelligent crossings, advanced stop lines, or high visibility pedestrian crossings with lights have been proposed on Wolf Road, Kensington Road, or within the Kensington Business Center roads to account for the increased semi -truck traffic in the area. I am not aware of any safety or traffic studies the Village has done in the area in the past five years. If there have been any published, please point me to them. I fear it is only a matter of time before further accidents occur involving pedestrians. These industrial facilities are being built and operated with additional truck traffic with apparently little consideration and fact finding surrounding how to protect pedestrians and other drivers in the area, let alone increased noise, emissions, and other nuisances from heavy operations from varying hours. Additionally, the Petition proposes removing landscaping on the property, which could impact noise and certainly impacts the appearance of the area. Many residents moved near Kensington Business Center knowing businesses and offices operated within it that were mostly protected from view and had appealing landscaping. Instead, in recent years there have been larger buildings, more industrial trucks, more emissions entering their properties, less landscaping, and little restrictions on hours of operations and lights/noise.The Petition does not set forth exactly how this proposed new building will supposedly not be injurious to the use and enjoyment of other property in the area or impair property values, particularly since it does not even identify what industrial entities may be operating in the property and what they will do. Without this new proposed industrial/warehouse/trucking terminal building, crossing Wolf Road and Kensington Road is already dangerous and pedestrian accidents have already occurred. I urge you to take into consideration the quality of life of residents in the area of this property and the safety of the public and vote no to this Petition that seeks to bring more unidentified industrial operations to this area and more unsafe truck traffic. Thank -you, Erin Cullen From: Nancy Reese To: Lalaaos, Antonia Subject: Case # PZ-12-26 — 1600 Bishop Court Date: Monday, July 6, 2026 8:30:12 AM Dear Ms Lalagos and members of the Mount Prospect Planning and Zoning Commission, We are writing in regard to Case PZ-12-26 / 1600 Bishop Court Public Hearing to occur during the Planing & Zoning Commission meeting on July 9, 2026. While putting vacant property to use is to be desired as beneficial to the village and our tax base, we do have a concern about the alternate site plan. As one of the closest residents living on Kensington Road, we would like to share our concerns about the alternate site plan proposal for a new curb cut onto Kensington Road for use by employee passenger vehicles. Parking for the alternate site includes space for 150 vehicles. The village staff estimates at least 95 spaces are needed for the planned use of the building. Imagine the volume of in and out vehicles during a shift change. Traffic along Kensington Road at any hour is already an issue. The speed limit is 45 mph. Many vehicles exceed that limit. On the north side of Kensington Road is a park and a church. Close by is a school. While right in/right out access is mentioned, there doesn't seem to be any other required changes to Kensington Road. The site plan depicted on page 3 of the drawings does not show any right -turn lane before the curb cut. Traffic at peak is already backed up at the Kensington/Wolf intersection beyond the curb cut shown in the drawings. Add to that the right -in and right -out traffic, and, again, imagine the additional back up of traffic at shift change. We hope the commission will reconsider approving the in -out access off Kensington. There is no reason those employees can't drive through the industrial park like any other employees of businesses in the park. Thanks for your consideration of our concerns, Jon H. and Nancy I.Z. Reese 1312 E. Kensington i unt Pros ect, IL From: To: CC: Stu bjectA,- Date: mairy beth st,11111imaker Labolos. Antonia Friday, Ju Ily 3, 2026 10:02 : 16 AM -, 11 11 lie I We, belIeve, the zioningfor the, property at Ke,insiingtoin/Wolf SHOULD NOT be, changled., MIP shiouJId havie consicleratliioin for, tlh�ie public safty issuesand tlh�ie riesilimn lltia��l,fabiir'lic olf our n1eigh1bor"holod., Our, communilties, pay we[l over $1, million a year, "to get our, kids salfely to RiverTraills schiolol district., Ouir roads are busy eniouigh with� slemi-itruick traffic., KP shiould not be acicli�ng more public safety issuies "to, ou�r ne�ighbo,rfiolocl 11-11-an,d thiesie companiles ceirtainly shouJId NOT" be getting suJbstant� iaJl tax break.s. Bey ,low is an email with serillous concern,saboa inTrac,, a re,cen't zioining &hainge,, to our ne,igh1borfiolod., Many ne,ighbo,rs protested thilis, :zoning change, aincl MP zoning committee agre,ed with a[l of" our� coricerns, However, KP Village, Board ilginoread al] of our� concerns aincl this monsitrosilty was buill"t wilth MP Village Boar,d coimp]e.tely igniorlingany and all concer"ns for, the public siafe.ty olf our communilty., MIP gavie us Prestigie Fe,ed witlhiino oversig, OhTrac, aincl now this niew industrialsite. RIie lis,"ten to, al] of our concerns, aincl vote NO for this, :zioinin,g 16hangle. Thank, you., Loingforcl Glien Horrielowniers, Association Forwarded Message From: Katrina Swidlers�k�i To: T Se�nt: Monday, December P29, 24D,25 alt� P09:46 R::08 PAM 4 Sub j-0 m ect: UrgentSaf ty C ricerns Regiardin) OnT c Facillilty N��earLon) ford� Glen Subdivision 9 9 "I, llffl� am writing out of deep concern for the safety of our community surrounding the OnTrac facility in Mount Prospect, Illinois- particularly for the children, families, and pedestrians who navigate this area daily. have personally observed numerous occasions where drivers' cars associated with the facility are tightly packed along surrounding streets, often blocking clear views of other vehicles and pedestrians. This congestion significantly increases the risk of accidents, especially during peak traffic hours. What concerns me most is the close proximity of this facility to St. Emily's Catholic School and River Trails Middle School. Many children walk to and from these schools each day, and the current traffic conditions pose a serious safety threat. Large semi -trucks turning onto Wolf Road frequently have limited visibility, making it extremely difficult for drivers to see children and adults walking along nearby sidewalks. The margin for error is frighteningly small. As a kindergarten teacher, safety is not just a personal concern- it is at the core of my profession and my responsibility. The idea that young children must navigate such hazardous conditions on their way to school is deeply troubling. Additionally, as a confident and experienced driver, I feel compelled to share that I no longer feel safe turning left out of my subdivision, Longford Glen, due to the heavy volume of semi -trucks and delivery vehicles entering and exiting the OnTrac facility. The traffic has become so overwhelming that now avoid the main entrance entirely and use an alternate entrance simply to feel safe. This is not a matter of inconvenience- it is a matter of genuine fear caused by traffic volume, limited visibility, and large commercial vehicles operating in a residential -adjacent area. The presence of this facility, combined with the scale and frequency of truck traffic, has fundamentally changed the safety landscape of our neighborhood. I respectfully urge those responsible to reassess traffic flow, parking practices, and safety measures in this area before a preventable tragedy occurs. Our children, pedestrians, and residents deserve to feel safe in their own community. I hope these concerns are taken seriously and addressed with urgency and care. Thank you for your time and attention to this critical matter. Sincerely, Katrina Swiderski From: To: Lalaaos, Antonia Subject: NTN office building at 1600 Bishop Court, Mt. Prospect, IL Date: Tuesday, June 30, 2026 1:05:12 PM - • • • • ' '••. — • • 1 • • • - • • •• Aft Aft Aft Aft Aft Aft Aft • •' . • 0 ' • • • ' ' • ' ' I ' • I' •' • ' I . • • • I •; • • I • • f • • • • I • • • • • •Aft Oft Aft Oft 'Aft I • ! I ! ! • ', • • I • • • • • ! . I ! • I I' • • •Aft • ! • I •ice • • � ;! . . � • • • • .' �' •' L • • • • !•• '•, • ! • • •' • - •. 11Am• • ' •Am a• • • • • •' ' I ' I ' • ! • I . • / . • ' • • - - •- �•• • 1- • • '.4ft• I • • - - - - • Aft Aft Aft 0 Aft dh •• •4ft1 - • - •' • - • •; raisingride, push baby strollers and scooter board near the former NTN location. And I believe that the families in this area, especially your Mount Prospect families, need to be protected when zoning matters are decided. So, on behalf of the many parents in this area who are younger than me and too busy their children• • ! have the time to bring to your attention above concerns, I'm requesting that there not be an industrial warehouse at Kensington and Wolfe or any other kind of structure at that corner that will add to the heavy car and truck traffic already in this area. It appears to me that there is sufficient vacant space in the interior of the Kensington Business Center that there shouldn't be a need for a rezoning that will apparently add to the heavy truck and car traffic already• • • Wolfe. Please! • this to any other Village Board member who might also need to Thank consider the above thoughts on behalf of your Mount Prospect residents. Mary Pat Donohue From: To: Lalaaos, Antonia Subject: NTN office building at 1600 Bishop Court, Mt. Prospect, IL Date: Sunday, July 5, 2026 6:33:51 PM Attachments: image001.png Hello Ms. Lalagos, Thank you for getting back to me so quickly! I truly do appreciate it! I have to • honest • let • know that I think that there are already too many trucks on the roads in the area where the building change is being proposed at Kensington and Wolfe. And there is nothing scarier than being in your car stopped at a red light and worrying about whether a truck making a left turn next to you is going to hit your car. Whenever I get together with family, friends and neighbors, all they do is complain about livin! in IL. i • I recently retired as an attorney,• • many• • people • left IL for other states, including but not limited to: Wisconsin, Indiana, Iowa, Idaho, Nevada, Arizona, New Mexico, Arkansas, Tennessee, North Carolina, South Carolina, Texas, Florida, Alabama, etc, etc, etc. And I actually have friends, family members and neighbors who've sold their homes here in IL in order to flee to these other states. Quite frankly, none of the above states is really as nice as IL. Although we have snow here in IL during the winter, the roads are usually cleared relatively quickly. And the snowdoes dry up. The summers here in IL are quite comfortable compared to the heat, humidity and bugs in statesas Tennessee, Florida, Is it really necessary to build something industrial-2light" or otherwise --on every inch of space area? continuesIL • lose its population numberThe and size of _ trucks in this area are already I significant concern, • more trucks is only going • aggravate _ situation. Please take • consideration your Mount Prospect residents I' • their need • safety I • quality • f life. Please don't authorize any zoning or planning changes to the area of Kensington and Wolfe that is going to bring more truck and vehicular traffic to this area. Thank you . • Mary Pat Donohue WII,NGSPIA�N DEVELOPMENT GROUP Jason C Shallcross, AICP, CEcD Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Via email: jshallcross@mountprospect.org Dear Mr. Shallcross, The Planning & Zoning Commission recommended approval of our request for a Major PUD Amendment at 1600 Bishop Court (PZ-12-26) by a 3-2 vote. Our request is scheduled to go before Village Board for the ordinance's first reading July 2111,2026. We are requesting that the Village Board waive the second reading, tentatively scheduled for August 5 Ih 2026, and take final action at the July 21s', 2026 meeting to allow the project to remain on schedule. We are in advanced discussions with a prospective end user requiring an expedited delivery timeline, and final action on July 21 will enable us to proceed with pre -construction activities and construction commencement in accordance with the project I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847.394.6200. Tbank", you, Christowhy leman President, Nicholas Family of Companies 1001 Feehanville Drive, Mount Prospect IL 60056 1 847.394.62Q0 1 www.wingspandev.com ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO.3777 GRANTING A SPECIAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT, AMENDED BY ORDINANCE NO.40659 FOR PROPERTY LOCATED AT 1600 BISHOP COURT, MOUNT PROSPECT, ILLINOIS WHEREAS, by Ordinance No. 3777, the Corporate Authorities of the Village of Mount Prospect approved a special use fora Planned Unit Development at the property commonly known as Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center, to construct a four-story office building with a maximum height of 55', a maximum gross floor area of 165,000 square feet, and a 485-foot building setback from Kensington Road; and WHEREAS, by Ordinance No. 4067, the Planned Unit Development was amended to permit two four-story office buildings with a total gross floor area of 180,660 square feet and a 345-foor building setback from Kensington Road; and WHEREAS, Wingspan Development Group LLC ("Petitioner"), filed an application for a conditional use to amend the Planned Unit Development, pursuant to Section 14.504(E)(1) of the Village Code, to redevelop the property commonly known as 1600 Bishop Court ("Subject Property") with a primary site plan consisting of a 97,605 square foot industrial warehouse building and related site improvements, and an alternate site plan consisting of a 92,343 square foot industrial warehouse building and related site improvements, and a part of said Planned Unit Development in the Village of Mount Prospect, Illinois and legally described as: LOT 807 IN KENSINGTON CENTER-RESUBDIVISION 28 IN PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF DATED JANUARY 10, 1990 AS DOCUMENT NUMBER 3852830 PIN: 03-35-200-061-0000; a n d WHEREAS, a public hearing was held on the request for a conditional use to amend the Planned Unit Development being the subject of PZ-12-26 before the Planning and Zoning Commission of the Village of Mount Prospect on the 9th day of July, 2026, pursuant to proper legal notice having been published in the Daily Herald newspaper on the 24th day of June, 2026; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations of approval, with specific conditions, to the Mayor and Board of Trustees in support of the request being the subject of PZ-12-26; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed conditional use to amend the Planned Unit Development would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: To the extent that any condition imposed by a prior ordinance or annexation agreement conflicts with the conditions of this Ordinance, the conflicting condition shall be of no further force or effect. SECTION THREE: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a conditional use to amend Ord. 3777 and Ord. 4067 of the Planned Unit Development at the Northwest Corner of Wolf Road and Feehanville Drive in Kensington Center to redevelop the property located at 1600 Bishop Court, Case No. PZ-12-26, subject to the following conditions: 1. The Subject Property shall be developed in substantial conformance with the approved development plans which consist of the following (collectively the "Approved Plans"): a) The Primary Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting a speculative industrial building containing approximately 97,605 square feet of gross floo r area; b) "Concept Elevations," prepared by Ware Malcomb and dated June 25, 2026; a n d c) "Overall Landscape Plan -Sheet L1.0," prepared by Kathryn Talty Landscape Architects and dated June 6, 2026; 2. The building wings or a precast wall shall extend at least as far south as the length of the truck docks to screen the dock area from Bishop Court and Wolf Road; 3. Continuous 6' evergreen landscaping shall be installed on the south lot Line and the southernmost 75 feet of the east lot line to screen the Loading docks from Wolf Road; 4. The Petitioner shall make every effort to have minimal impact on the existing mature landscaping along Kensington Road and Wolf Road; 5. The Bishop Court island shall be preserved as much as possible maintaining the counterclockwise traffic pattern, with final design subject to the approval of the Village Engineer; 6. The Petitioner shall evaluate the closure of the southeast cross -access point between 1600 Bishop Court and 1660 Feehanville Drive to better separate trucks from personal vehicles, with final design subject to the approval of the Village Engineer; 7. The Alternate Site Plan, titled "Conceptual Site Plan," prepared by Ware Malcomb and dated June 25, 2026, depicting a speculative industrial building containing approximately 92,343 square feet of gross floor area, may be implemented instead of the Primary Site Plan, provided the following additional conditions are satisfied: a) The Subject Property may only be utilized for a pharmaceutical distribution center, pharmaceutical fulfillment center, pharmaceutical logistics facility, or another use primarily involving the warehousing and distribution of prescription medications and related health care products; b) The Petitioner shall design and construct the Kensington Road entrance to restrict its use to employees only, prevent vehicle stacking onto Kensington Road, and discourage cut -through traffic. The access control measures shall be subject to the approval of the Village Engineer and may include, but are not Limited to, fencing, gates, signage, or other traffic control measures; c) The Petitioner shall make every effort to minimize parking lot encroachment on Kensington Road landscaping, including utilizing a retaining wall to maintain berm heights consistent with adjacent parcels along Kensington Road; d) Prior to issuance of a building permit for development pursuant to the Alternate Site Plan, the property owner or applicant shall submit documentation satisfactory to the Director of Community Development demonstrating that the proposed principal occupant will utilize the facility for one of the permitted uses identified herein; e) Upon written determination by the Director of Community Development that the proposed occupant satisfies the requirements of this Section, development in accordance with the Alternate Site Plan shall be deemed consistent with this Planned Unit Development and may proceed without further amendment to this Ordinance; and f) If the proposed occupant does not qualify as a pharmaceutical - related user, development of the property shall occur only in accordance with the approved Primary Site Plan unless a Planned Unit Development amendment is approved in accordance with the requirements of the Zoning Ordinance; 8. The Petitioner shall address all comments included in the Village Review Letter dated June 18, 2026 prior to permit submittal; 9. Prior to the issuance of a building permit, the following plans shall be in full compliance with the Village Code: a) Photometric plan; b) Landscaping plan; and c) Sign plan; and 10. The development shall comply with all applicable development, fire, building, and other Village Codes and regulations. SECTION FOUR: Except for the amendment to the planned unit development request granted herein, all other applicable Village of Mount Prospect, Illinois ordinances and regulations shall remain in full force and effect as to the subject property. SECTION FIVE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibits "A," "B," and "C" with the Recorder of Deeds of Cook County. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by Law. AYES: NAYS: ABSENT: PASSED and APPROVED this 21 st day of July, 2026. PaulWm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk