HomeMy WebLinkAbout10/08/2026 P&Z Agenda PacketVillage of Mount Prospect
Planning and Zoning Commission
Regular Meeting Agenda
50 S. Emerson St. Mount Prospect, IL 60056
October 8, 2026 Village Hall - 3rd Floor Board Room 7:00 PM
1. CALL TO ORDER
2. APPROVAL OF MINUTES
2.1. PZ-21-26 / 1714 Larch Drive / CU: Setback Reduction for Accessory Structure
(Deck)
2.2. PZ-11-26 / 409 Hi Lusi Avenue / CU: Setback Reduction for Attached Garage
2.3. PZ-13-26 / 1 E. Rand Road / CU: Car Wash
3. NEW BUSINESS
3.1. PZ-24-26 / 300 S Elmhurst Avenue / Signage Variations / PZ Final
3.2. PZ-16-26 / Mount Prospect Plaza (990-1145 Mt. Prospect Plaza, 940-950 E.
Rand Road, 1200-1220 E. Central Road, 802 E Rand Road) / Preliminary &
Final PUD, Preliminary & Final Plat / VB Final
4. CITIZENS TO BE HEARD
5. QUESTIONS AND COMMENTS
6. ADJOURNMENT
ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY
OR NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE
MANAGER'S OFFICE AT 8471392-6000, EXTENSION 5307
Page 1 of 202
1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-21-26
PROPERTY ADDRESS:
PETITIONER:
PROPERTY OWNER:
PUBLICATION DATE:
REQUEST:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Hearing Date: September 24, 2026
1714 Larch Drive
Mike Klein, Kayak Pools Midwest
Antonio Martzovia
September 9, 2026
Conditional use approval for a setback reduction for an
accessory structure.
Joseph Donnelly
William Beattie
Ewa Weir
Walter Szym cza k
Richard Rogers
Donald Olsen
Michael Fricano
Fay Costa
Jason Shallcross — Director of Community & Economic
Development
Ann Choi — Senior Development Planner
INTERESTED PARTIES: Antonio Martzovia, Property Owner
Shawn Styles, Pool Installer
Mike Small, Neighbor (1716 North Larch Drive)
Chairman Donnelly called the meeting to order at7:01 PM.
Chairman Donnelly moved on to Item Two, Approval of Minutes. Vice Chairman Beattie
made a motion seconded by Commissioner Szymczak to approve the minutes of the
Planning and Zoning Commission meeting on August 27, 2026. The minutes were approved
6-0.
Chairman Donnelly introduced case number PZ-21-26, 1714 Larch Drive, a request for
conditional use approval to reduce the required rear yard setback from fifteen feet (15'-0")
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26
Page 2 of 202
0)
to ten feet (10'-0") for the construction of deck attached to an above -ground pool.
Chairman Donnelly noted that the Planning and Zoning Commission's decision is final for
this case.
Mr. Shallcross stated that the petitioner, Mike Klein of Kayak Pools Midwest, is acting on
behalf of the property owner, Antonio Martzovia, who isseeking a conditional use to
reduce the rear yard setback for an accessory structure from the required fifteen feet (15I -
0") to ten feet (10'-0391).
Mr. Shallcross presented the existing conditions and the proposed site plan, noting that
there is currently no deck or pool on the property. Mr. Shallcross explained that the relief is
requested because the Village requires pools to be separated from buried underground
utilities for safety. Mr. Shallcross stated that, because of these separation requirements
and the property's unique shape, the proposed location is the only area of the backyard
where a pool and deck could be placed.
Mr. Shallcross noted that all other bulk regulations, including lot coverage and the size of
the structure, meet code, and that the request is solely for a reduction in the rear yard
setback from fifteen feet to ten feet.
Staff recommended approval of the conditional use, subject to the conditions contained in
the staff report. Staff noted that feedback had been received from residents and neighbors
both in support of and in opposition to the proposal, and that the opposing comments
reflected a preference not to have this type of use closer to neighboring yards.
Hearing no questions for staff from the Commissioners, Chairman Donnelly invited the
Petitioner to the stand. Chairman Donnelly swore in Shawn Styles of 2209 Second Street,
Peru, IL, who stated that he is the pool installer for the project. The property owner was
also in attendance and indicated that he would not be speaking.
In response to questions from the Commissioners, Mr. Styles explained that, according to
the drawings, the pool wall itself would be approximately twenty feet from the property line
and that it is the decking around the pool that encroaches into the required fifteen -foot
setback. Commissioner Beattie observed that if the pool were made to comply with the
setback, the property would be left with something closer to a bathtub than a pool, and Mr.
Styles agreed, noting that the lot is an unusual property with utilities on two sides.
Mr. Styles stated that the deck would be raised approximately three and a half feet above
grade, depending on the grade of the yard, and that the pool is an aluminum, above -ground
pool with the deck attached to it. In response to a Commissioner's question, Mr. Styles
confirmed that the pool and deck are connected and that the pool is entirely above ground.
Mr. Styles stated that a 36-inch safety fence would be installed around the pool structure
on top of the raised deck, for a total height of approximately six and a half feet depending
Planning & Zoning Commission Meeting — September 24, 2026 PZ-21-26
Page 3 of 202
on grade, and that the lot is also enclosed by an existing fence approximately four feet tall.
It was confirmed that the safety fence is the fence attached to the pool structure and that it
is code compliant.
Commissioner Beattie shared a personal experience with cable service being buried in a
shallow trench and asked whether the underground cable could simply be relocated. The
Commissioner remarked that if the cable were overhead, the setback relief would not be
needed.
Chairman Donnelly asked if anyone else wished to address the case. Chairman Donnelly
swore in Mike Small of 1716 North Larch Drive, who stated that he lives next door to the
property owner, on the side where the pool would be located. Mr. Small spoke in support of
the request, describing the property owner as a quality neighbor who hosts well -organized
gatherings without excessive noise, and urged the Commission to approve the request.
Hearing no further comments, Chairman Donnelly closed the hearing and asked for a
motion to approve the conditional use based on the conditions listed in the staff report.
In response to Commissioner Beattie's question regarding whether the conditional use
would end if the pool were removed, staff clarified that the conditional use runs with the
property and would allow the pool to be replaced in the same location in the future,
consistent with the approved plans and conditions.
Commissioner Beattie asked staff to describe the opposition that had been received.
Director Shallcross stated that the concerns were not about the deck itself but about
neighborly events taking place in the yard, such as a concern that a gathering could be too
close to a neighboring backyard, and were general in nature.
Chairman Donnelly asked for a motion to approve the reduction in setback as presented.
Commissioner Beattie made motion and Commissioner Szymcak seconded the motion.
There was no further discussion.
UPON ROLL CALL AYES: Szymczak, Weir, Olsen, Beattie, Rogers, Donnelly
NAYS: None
The Planning and Zoning Commission approved the request (6-0). Chairman Donnelly
advised the Petitioner that the required permits may be obtained through the Village.
After hearing additional items of new business, Chairman Donnelly asked if there were any
citizens to be heard.
Planning & Zoning Commission Meeting — September 24, 2026
PZ-21-26
Page 4 of 202
Hearing no further discussion, Vice Chairman Beattie made a motion seconded by
Commissioner Szymczak and the meeting was adjourned at 9:05 PM.
Charles Hogan, Senior Planner
Planning & Zoning Commission Meeting — September 24, 2026
PZ-21-26
Page 5 of 202
1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-11-26 Hearing Date: September 24, 2026
PROPERTY ADDRESS: 409 Hi Lusi Avenue
PETITIONER: Kevin Purdom, JRC Design Build
PROPERTY OWNER: Kimberly Pagliari
PUBLICATION DATE: September 9, 2026
REQUEST: Conditional use approval for a setback reduction for an
attached garage.
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Ewa Weir
Walter Szymczak
Richard Rogers
Donald Olsen
MEMBERS ABSENT: Michael Fricano
Fay Costa
STAFF MEMBERS PRESENT: Jason Shallcross — Director of Community & Economic
Development
Ann Choi — Senior Planner
INTERESTED PARTIES: Kimberly Pagliari
Kevin Perdom, JRC Design Build
Chairman Donnelly called the meeting to order at7:01 PM.
Chairman Donnelly moved on to Item Two, Approval of Minutes. Vice Chairman Beattie
made a motion seconded by Commissioner Szymczak to approve the minutes of the
Planning and Zoning Commission meeting on August 27, 2026. The minutes were approved
6-0.
After hearing the first item of business, Chairman Donnelly introduced case number PZ-11-
26, 409 Hi Lusi Avenue, a request for conditional use approval to construct a one-story
Planning & Zoning Commission Meeting — September 24, 2026
PZ-11-26
Page 6 of 202
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attached garage addition that requires a reduction to the interior side yard setback
requirement from five feet (5'-0") to three feet (3'-0."),
Ms. Choi stated 409 Hi Lusi Avenue (Subject Property) was annexed into the Village in 1925
and is located on the east side of Hi Lusi Avenue, between Lincoln Street and Go Wando
Avenue. The property is zoned R-A Single Family Residence and comprises approximately
9,812 square feet. Ms. Choi noted that an existing nonconforming shed, measuring
approximately three feet by seven feet (3'x 7'), is located approximately one foot from the
north property line within the area of the proposed garage addition. Ms. Choi explained that
the shed would be removed to accommodate the proposed expansion and the existing
attached one -car garage measures approximately 11'-6" by 20'. MS. Choi pointed out that
the proposed expansion would increase the depth of the garage to accommodate two
vehicles parked in tandem.
Ms. Choi noted the reduced interior side yard setback would allow for the construction of a
proposed garage addition. Ms. Choi stated that the 2-foot reduction equates to a 40%
reduction in the required minimum interior side yard setback requirement. Ms. Choi
indicated that the reduced setback for the garage addition in the interior side yard will not
cause the Subject Property to exceed the maximum 50% lot coverage requirement.
Ms. Choi stated it is important to note that the foundation of the neighboring residence at
407 Hi Lusi Avenue is approximately 12" higher than the foundation of the residence on the
Subject Property. Ms. Choi explained that due to the existing grading conditions,
stormwater runoff from 407 Hi Lusi Avenue flows onto the Subject Property in the vicinity of
the existing garage. Ms. Choi noted that the Public Works Department has determined that
this existing drainage pattern must be maintained and that the proposed improvements at
the Subject Property may not obstruct or otherwise impede the existing flow of stormwater
from the neighboring property. To address this, the Petitioner submitted a detailed grading
plan and cross sections that demonstrate that the proposed grading and slopes will
maintain the existing drainage pattern while providing a maintainable side yard. Ms. Choi
stated that the grading plan and cross sections have been reviewed and found acceptable
by the Public Works Department and that conditions of approval have also been
recommended to minimize potential adverse impacts to the neighboring property at 407 Hi
Lusi Avenue.
Ms. Choi continued by saying the proposed garage expansion is compatible with the
residential character of this designation and represents a reasonable improvement to an
existing single-family residence. Ms. Choi stated that the proposed garage expansion
advances the Strategic Plan goal by supporting reasonable reinvestment in an existing
single-family property while maintaining compatibility with surrounding residential
properties.
Planning & Zoning Commission Meeting — September 24, 2026
PZ-11-26
Page 7 of 202
Ms. Choi noted that staff finds that the proposed conditional use meets the 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:
1. "Aconditionaluse toallow a reduction in the required interior side yard setback
from five feet (5'-0") to three feet (3'-0") for the construction of an attached garage
addition at 409 Hi Lusi Avenue, subject to the following conditions:
a) The improvements shall be in general conformance with the approved
development plans (collectively the "Approved Plans", excerpts of
which are attached as Exhibit B in the staff report;
b) Any work on the adjacent property at 407 Hi Lusi Avenue requiring a
permit must be approved by the neighboring property owner;
c) Any damage to the retaining wall located within the side yard,
including portions situated on the neighboring property at 407 Hi Lusi
Avenue, shall be repaired and restored toa condition equal to or
better than its pre -construction condition as part of this project."
Ms. Choi said the Village Board's decision is final for this case.
Vice Chairman Beattie discussed concerns that a wider garage would create a narrower
space for water to drain through and cause harm to the new structure as the new structure
is located next to the adjacent property's retaining wall.
Ms. Choi responded that staff went through several iterations with the engineer and the
Public Works Department to ensure the side yard is maintainable. Vice Chairman Beattie
asked if further damage would not be caused to either party due to the grading and Ms.
Choi responded in the affirmative.
Chairman Donnelly noted that many properties within the Village have retaining walls and
often times try to increase the height of their land to meet the height of the retaining wall.
Chairman Donnelly asked if the ground level had changed at any point. Director Shallcross
stated that staff does not have history on the retaining wall since it is located on the
adjacent property. Director Shallcross stated that if any damage was caused to the
retaining wall during construction of the new garage, the property owners of 409 Hi Lusi
Avenue would be responsible for the repairs and seek cooperation with the adjacent
neighbor who would have to sign off on the permit.
Chairman Donnelly referenced previous cases in which petitioners were advised that
existing grades could not be altered in a manner that would affect established drainage
patterns. Chairman Donnelly noted, however, that there did not appear to be a low point
between the proposed retaining wall and garage where stormwater could collect or be
directed.
Planning & Zoning Commission Meeting — September 24, 2026
PZ-11-26
Page 8 of 202
4
Ms. Choi replied that the Petitioner submitted cross sections which reflect a 6:1 slope in
the side yard that demonstrates that the area will be maintainable.
Hearing no further questions from the Commissioners, Chairman Donnelly invited the
Petitioner to the stand. Chairman Donnelly swore in the Petitioner, Kevin Purdom of 113
Perth Dr, Cary, I L .
Mr. Purdom from JRC Design Build, introduced himself as the Petitioner for the Subject
property owners, Joe and Kimberly Pagliari. Mr. Purdom went on to say the property owners
have a family with four kids and many cars in the coming future. Mr. Purdom stated that
they want to expand the garage as it is too small to use as a functional garage. Mr. Purdom
noted that currently, the garage is used for storage, and the property owners hope to
expand the garage to park both their SUV and minivan in addition to using the garage for
storage. Mr. Purdom explained that the expansion would allow for the parking of future
cars in the driveway. Mr. Purdom stated that the current garage would be expanded 2 feet
towards the adjacent property, which would result in tearing down the shed between the
two properties. Mr. Purdom noted that they worked extensively with the neighbor and
engineer to come up with possible solutions to issues presented with the current garage,
including discussion with the neighbor to remove the retaining wall. Mr. Purdom stated
that, ultimately, the submitted proposal turned out better for drainage.
Vice Chairman Beattie noted he had imagined the same amount of water would be in a
smaller location if the garage were to encroach into the side yard and is concerned how it
would impact the new garage.
Mr. Purdom stated the existing shed is 4 feet wide. By removing it and expanding the garage
by only 2 feet, the space will be wider for water to drain. Mr. Purdom also noted that the
garage foundation will be raised, thus preventing water from entering into the garage. Mr.
Purdom stated that the engineers worked out the solution and were aware of that concern.
Chairman Donnelly asked if the sidewalk would be replaced as well.
Mr. Purdom replied that the property owners may install stepping stones down the line, but
there is no plan to replace the sidewalk.
Commissioner Weir asked if other options were considered that would comply with the
zoning district.
Mr. Purdom explained the existing garage is located on the property setback and even if
they were to install a larger door on the garage, the garage would be unable to
accommodate the cars and storage. Mr. Purdom explained that requesting a conditional
use is a last resort because an alternative could not be achieved.
Planning & Zoning Commission Meeting — September 24, 2026
PZ-11-26
Page 9 of 202
Vice Chairman Beattie noted he sees this as a nice compromise, with the property owners
parking their cars in tandem instead of moving the garage to the rear and taking up even
more space.
Chairman Donnelly thanked the petitioner and confirmed with staff that the request did not
included relief for lot coverage for the new garage. Ms. Choi replied that the proposal
meets lot coverage.
Hearing no further comments or questions, Chairman Donnelly closed the hearing and
asked for a motion to approve the conditional use based on the conditions listed in the
staff report. Commissioner Rogers made a motion and Commissioner Szymczak seconded
the motion.
UPON ROLL CALL AYES: Szymczak, Weir, Olsen, Beattie, Rogers, Donnelly
NAYS: None
The Planning and Zoning Commission provided a positive recommendation to the Village
Board (6-0) for Tuesday, October 6, 2026.
After hearing one more item of new business, Chairman Donnelly asked if there were any
citizens to be heard.
Hearing no further discussion, Vice Chairman Beattie made a motion seconded by
Commissioner Szymczak and the meeting was adjourned at 9:05 PM.
m
Catherine Cook, Associate Planner
Planning & Zoning Commission Meeting — September 24, 2026 PZ-11-26
Page 10 of 202
1
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-13-26 Hearing Date: September 24, 2026
PROPERTY ADDRESS: 1 E. Rand Road
PETITIONER: El Car Wash Mid -West, LLC
PROPERTY OWNER: SCP 2002A-11 LLC
PUBLICATION DATE: September 9, 2026
REQUEST: Conditional use approval for a car wash with seven (7)
accessory structures at 1 E. Rand Road
MEMBERS PRESENT: Joseph Donnelly
William Beattie
Walter Szymczak
Donald Olsen
Ewa Weir
Richard Rogers
MEMBERS ABSENT: Michael Fricano
Fay Costa
STAFF MEMBERS PRESENT: Jason C. Shallcross — Director of Community
Development
Ann Choi — Senior Development Planner
INTERESTED PARTIES: Gabriel Schuchman, Alrig USA
Evan Gerdes, Alrig USA
Chairman Donnelly called the meeting to order at7:01 PM. Vice Chairman Beattie made
motion seconded by Commissioner Szymczak to approve the minutes from the Planning
and Zoning Commission meeting on August 27, 2026. The minutes were approved 6-0.
Chairman Donnelly moved on to Item Two, Approval of Minutes. Vice Chairman Beattie
made a motion seconded by Commissioner Szymczak to approve the minutes of the
Planning and Zoning Commission meeting on August 27, 2026. The minutes were approved
6-0.
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 11 of 202
0)
After hearing two items of New Business, Chairman Donnelly introduced Case PZ-13-26, 1
E. Rand Road, a conditional use request for a car wash. The Village Board will serve as the
finalauthority for the request.
Staff Presentation
Ms. Choi presented the request for conditional use approval to allow a car wash at 1 E.
Rand Road. Ms. Choi provided an overview of the Subject Property, noting that it is located
in the southwest quadrant of the Kensington Road/Rand Road intersection, is zoned B-3
Community Shopping District, and is currently improved with a vacant approximately
20,880-square-foot commercial building that was previously occupied byCVSand other
commercial tenants. Ms. Choi reviewed surrounding land uses, including nearby
commercial properties and single-family residences located west of Main Street/IL-83. Ms.
Choi also discussed the Village's planned Rand Road Corridor improvements to the US
12/IL-83/Kensington Road intersection, which are intended to reduce congestion and
delays and improve safety through roadway widening, additional travel and turn lanes,
traffic signal improvements, and pedestrian and bicycle improvements.
Ms. Choi stated that, due to the proximity of residential properties to the west, the
Petitioner was required to submit an acoustical assessment evaluating potential noise
impacts from the proposed car wash. The assessment modeled worst -case operating
conditions, including open tunnel and vacuum building doors and multiple outdoor
vacuums operating simultaneously. The dryers and vacuum equipment were identified as
the primary noise sources. Recommended mitigation measures included 30-horsepower
ultra -quiet dryers, an eight -foot -tall sound barrier along the south property line, a twelve -
foot -tall sound barrier at the car wash tunnel exit, and screening and enclosure of the
vacuum equipment. Ms. Choi stated that, with the recommended mitigation measures
incorporated into the project, the consultant concluded that predicted sound levels would
comply with applicable Illinois Pollution Control Board requirements at all evaluated
residential and commercial locations.
Ms. Choi reviewed the proposed site plan and stated that the existing building and site
improvements would be demolished and the property redeveloped with an automated El
Car Wash facility. Ms. Choi explained that the development would include a 140-foot-long
car wash tunnel along the west side of the property, an attached building containing
sixteen (16) interior vacuum stalls, and eleven (11) exterior vacuum stalls, for a total of
twenty-seven (27) vacuum stalls. Ms. Choi stated that vehicles would enter one of three
approach lanes, which would merge into two lanes at the pay stations and ultimately into a
single lane entering the car wash tunnel. Ms. Choi further stated that access would
continue to be provided from Rand Road and Main Street/IL-83. At staffs
recommendation, aminimum four -foot -tall fence would be provided along portions of the
site to screen headlights from vehicles within the approach and stacking lanes and
minimize glare onto adjacent roadways. Ms. Choi noted that an underground stormwater
detention facility would also be provided within the southern portion of the site.
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 12 of 202
Ms. Choi presented the proposed landscape plan and stated that existing parkway trees
along Main Street, Kensington Road, and Rand Road would be preserved. Ms. Choi pointed
out that existing mature landscaping along the south property line would also remain and
would be supplemented with additional evergreen trees and shrubs. Ms. Choi stated that
additional landscaping would be provided along the north and east property lines, around
the building foundations, within parking and vacuum areas, and around the trash
enclosure. Ms. Choi noted that the proposed landscape plan meets Village requirements
and that final tree preservation and irrigation plans would be required as part of the
building permit process.
Ms. Choi reviewed the proposed building elevations and described the development as
having a modern commercial design consisting primarily of light-colored brick veneer with
a dark gray split -face masonry base, reflective aluminum composite panels, varying
parapet heights, and teal and pink/magenta architectural accents associated with the El
Car Wash branding. Ms. Choi noted that the proposed tower elements were thirty-five feet
(35'-0") in height. Ms. Choi also reviewed the seven (7) proposed accessory structures,
which included the attendant booth, pay station canopy, vacuum canopies, vacuum
enclosures, and trash enclosure. Ms. Choi further noted that the proposed signage would
comply with Chapter 7 of the Village Code and that no signage relief was requested as part
of the zoning application.
Ms. Choi summarized the Traffic Impact Study (TIS) prepared for the development, which
evaluated surrounding roadway conditions, site access, internal circulation, and vehicle
stacking. Ms. Choi stated that the TIS concluded that traffic generated by the proposed car
wash could be accommodated by the surrounding roadway network and was not
anticipated to significantly change projected operations at nearby intersections. Ms. Choi
explained that the access drives along Rand Road and Main Street/IL-83 would be
converted to right-in/right-out access, and additional dedicated right -turn lanes were
determined not to be warranted. Ms. Choi indicated that the TIS also concluded that the
proposed on -site stacking would accommodate projected demand without interfering with
internal circulation or adjacent roadways. Ms. Choi noted that the site would provide fifty-
one (51) stacking spaces and twenty-seven (27) vacuum/parking stalls, exceeding the
minimum parking and stacking requirements of the Zoning Code.
Staff Recommendation
Ms. Choi stated that staff found the proposal satisfied the applicable conditional use
standards of the Zoning Ordinance and recommended approval subject to the conditions
outlined in the staff report. Ms. Choi noted that among the conditions were
implementation of the noise mitigation measures identified in the acoustical study;
installation of silencers or mufflers on the vacuums; restrictions on exterior lighting;
architectural treatment of the sound walls, attendant booth, and canopy; installation of
the proposed perimeter privacy fence; and limits on the hours of operation. Staff
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 13 of 202
recommended operating hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and
8:00 a.m. to 8:00 p.m. on Sunday. Ms. Choi stated that the Petitioner would also be
required to address outstanding Village review comments and comply with applicable
Village codes and regulations prior to issuance of a building permit. Ms. Choi concluded by
noting that the Planning and Zoning Commission would make a recommendation and that
the Village Board would make the final decision on the request.
Commission Questions for Staff
Vice Chairman Beattie asked staff to identify the principal concerns that had been raised
regarding the proposal so that the Commission could focus its questions to the Petitioner.
Commissioner Weir noted that staff had received limited public comment and asked
where the closest residential properties were located and how many homes were near the
proposed facility.
Director Shallcross stated that the closest residences are located immediately west of the
Subject Property across Main Street/IL-83, with a small number of single-family homes
fronting Main Street. Director Shallcross explained that the concerns typically associated
with car washes as conditional uses include vehicle stacking during peak demand periods
and sound, particularly at the exit of the wash tunnel. Director Shallcross stated that the
Petitioner had worked with staff through multiple iterations of the proposal to address
sound impacts. Director Shallcross noted that the sound study predicted sound levels at
the residences across Main Street generally comparable to a normal conversation,
approximately 50 to 60 decibels, as a result of mitigation measures including reduced
dryer horsepower, sound walls, and extensive landscaping. Director Shallcross added that
the properties immediately south and southeast of the site are commercial uses, followed
farther south by the Village fire station and then residential properties.
Commissioner Weir asked about the illumination of the proposed signs and the purpose of
the approximately 35-foot-tall tower elements. Director Shallcross stated that the tower
elements were architectural features associated with the El Car Wash brand and that the
Village permits a maximum building height of 35 feet in the applicable commercial district.
Director Shallcross further stated that all signage would be required to comply with the
Village Sign Code with respect to size, illumination, location, and other applicable
standards. When Commissioner Weir asked whether the towers themselves would be
illuminated, Director Shallcross deferred to the Petitioner for confirmation.
Commission Questions for the Petitioner
Chairman Donnelly swore in the Petitioner and members of the project team:
• Petitioner: Gabriel Schuchman of El Car Wash, 30200 Telegraph Rd, Ste 205,
Bingham Farms, MI;
• Mitchell Harvey of Stonefield Engineering, 555 Old Woodward Av, Birmingham, MI;
• Andrew Bowen of KLOA, 9575 W. Higgins Rd, Rosemont, IL;
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 14 of 202
• Evan Gerdes of Alrig USA, 655 W Irving Park Rd, Chicago, IL;
• Matthew Holmes of Storino Romello & Durkin, 9501 Technology Bl, Ste 4200,
Rosemont, IL
In response to Commissioner Weir's question, Mr. Schuchman first clarified that the tower
element is a standard architectural feature used at El Car Wash locations and would not
itself be illuminated. Mr. Schuchman also addressed the importance of noise mitigation,
stating that the Petitioner's goal was to avoid creating additional noise at the nearby
residences beyond existing ambient conditions and that the acoustical study evaluated
the three residences directly west of the site.
Mr. Schuchman provided background on El Car Wash, stating that the company operates
more than 110 locations nationwide and employs approximately 1,600 associates. Mr.
Schuchman described the company as partially employee -owned and discussed its
emphasis on internal advancement, employee compensation and benefits, local hiring,
and community involvement. Mr. Schuchman stated that store managers are provided an
annual budget for contributions to local nonprofit organizations and that the company also
hosts community fundraising events. Mr. Schuchman explained that El Car Wash seeks to
tailor individual locations to their communities and referenced other locations where art
and other site -specific features had been incorporated.
Site Plan and Operations
Mr. Schuchman described the proposed site plan and emphasized the amount of on -site
vehicle stacking. Mr. Schuchman stated that the site would provide approximately 51
stacking spaces within three approach lanes before vehicles enter the wash tunnel. Mr.
Schuchman explained that El Car Wash is primarily a membership -driven business and
that members are recognized at the pay stations through license -plate technology, while
nonmembers may pay by credit card. The proposed operation would be cashless. Mr.
Schuchman stated that the wash tunnel is approximately 140 feet long and that a vehicle
would travel through the tunnel in approximately 75 seconds. After exiting the tunnel,
customers could leave the site or use the vacuum facilities, including an enclosed, heated
vacuum area intended to provide a year-round amenity, as well as outdoor vacuum
spaces.
Landscaping, Stormwater, Water Reuse, and Lighting
Mr. Harvey described the proposed landscape plan. Mr. Harvey stated that existing mature
parkway trees would be preserved where feasible and that a curved hedgerow along the
north side would help screen headlights while adding landscaping along the frontage. The
east side would include a solid evergreen hedgerow supplemented by proposed and
existing trees. Along the south property line, the Petitioner proposed to preserve existing
mature trees, construct an approximately 200-foot-long sound wall, and install a dense
row of approximately78evergreen trees onthe north side of the wall. Additional evergreen
screening and a sound wall were proposed near the west side and tunnel exit, and a four -
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 15 of 202
6
foot screening fence would wrap portions of the stacking area. Mr. Harvey stated that the
plan would add approximately 92 new trees, more than 250 shrubs, approximately 400
perennials and groundcovers, and more than 13,500 square feet of additional green space
compared with existing conditions.
Mr. Harvey stated that the existing stormwater system would be replaced with a modern
system designed to comply with applicable Metropolitan Water Reclamation District
(MWRD) and Illinois Department of Transportation (IDOT) requirements. Mr. Harvey
explained that the increase in green space would also reduce impervious area and help
slow stormwater runoff. Mr. Harvey described the proposed water reclamation system as
including settling tanks, an oil -water separator, and reverse -osmosis treatment, allowing a
substantial portion of wash water to be reused. Vice Chairman Beattie asked what is
percentage of water that would be reusable. Mr. Harvey estimated that the facility would
reuse more than 50 percent of its water, although Mr. Harvey noted that an exact
percentage can vary. Mr. Harvey also stated that site lighting would consist of downlit,
dark -sky -compliant, high -efficiency LED fixtures directed inward. Commissioner asked
what the foot-candle readings were at the property line. Mr. Harvey reviewed the
photometric values along the southern property line and stated that the proposed lighting
remained below the applicable two -foot-candle maximum.
Traffic, Access, and Stacking Discussion
Commissioner Olsen asked whether the project team had coordinated with IDOT regarding
the site's location at the Rand Road/Main Street/Kensington Road intersection. Mr. Harvey
stated that the plans had been submitted to IDOT through multiple rounds of review and
that the proposed driveway locations and right-in/right-out configurations had received
preliminary approval, subject to completion of remaining permitting requirements. Mr.
Bowen of KLOA explained that restricting the access drives to right -turn movements
significantly limits conflicts and improves operations compared with the existing full -
access driveways. Commissioner Weir asked whether congestion and vehicle backups on
Main Street could prevent vehicles from making a northbound right turn out of the site. Mr.
Bowen stated that, although vehicles exiting onto Main Street may occasionally need to
wait for the traffic signal to clear a queue, the queue would clear during the signal cycle
and the planned intersection improvements would add capacity.
Vice Chairman Beattie asked about peak operating hours and the number of vehicles the
facility could process. Mr. Schuchman stated that the proposed 51 stacking spaces
represented more stacking than most, if not all, existing El Car Wash locations and that the
140-foot tunnel could process up to approximately 150 vehicles per hour. Vice Chairman
Beattie stated that his principal concern was not the on -site stacking but the effect of
additional activity on the already congested Rand Road/Main Street/Kensington Road
intersection. Mr. Bowen explained that car -wash traffic is often diverted from vehicles
already traveling on adjacent roadways and stated that the study projected approximately
80 vehicles entering the site during the busiest hour, distributed among the available
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 16 of 202
approaches. Mr. Schuchman added that, based on the company's experience, customers
frequently incorporate a wash into an existing trip rather than making a separate trip solely
for the car wash.
Vice Chairman Beattie emphasized that, regardless of whether customers were already
traveling through the area, vehicles entering and exiting the property would still add
movements at a difficult intersection and asked for a more concrete understanding of the
impact. Mr. Schuchman and Mr. Bowen responded that the traffic analysis was based on
industry data and anticipated that only a portion of the peak -hour traffic would constitute
new trips. Mr. Schuchman also stated that the right-in/right-out configuration would
remove the risks associated with left -turn movements at the driveways. Commissioner
Olsen questioned whether the project team had observed traffic conditions in the field
rather than relying only on traffic studies and expressed concern that the additional traffic
would be too much for the area. Mr. Schuchman responded that the team had observed
the site and reiterated that the company's operational data indicate that car -wash visits
are commonly incorporated into customers' daily travel patterns.
Commissioner Weir asked how customers traveling from directions that do not
conveniently align with the right-in/right-out driveways would access the property and
whether those customers might circulate through nearby neighborhoods. Mr. Schuchman
responded that customers would likely choose to visit when the car wash was
conveniently located on the right side of their direction of travel rather than make
inconvenient turning movements or circulate through local streets. Vice Chairman Beattie
acknowledged that any commercial redevelopment of the site would generate traffic and
stated that the Commission was attempting to understand the incremental burden
associated with the proposed use given the existing intersection conditions.
Commissioner Weir also questioned the amount of impervious surface and the width of
the southern drive aisle. Mr. Harvey explained that the site was intentionally designed with
substantial stacking capacity to prevent vehicles from spilling onto the adjacent roadways
and that the wider southern drive aisle was intended to provide adequate maneuvering
room for vehicles leaving the tunnel and entering the vacuum area. Director Shallcross
stated that the plan before the Commission was approximately the fourth or fifth iteration
developed in coordination with staff over the last six months to a year. Director Shallcross
explained that staff had raised concerns regarding sound and traffic early in the review
process, resulting in relocation of vacuum equipment to the east side of the building,
additional sound walls and screening, elimination of more intensive detailing services, and
addition of a third stacking lane. Director Shallcross stated that the access points had
been located as far from the major intersection as practicable and restricted to right-
in/right-out movements, and that the Village Engineer did not have concerns with the
proposal based on the engineering review and applicable transportation standards.
Building Design and Height
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 17 of 202
8
Commissioner Rogers commented that the proposed landscaping would substantially
improve the appearance of the site but expressed reservations regarding the architecture
given the prominence of the intersection. Commissioner Rogers asked whether the
Petitioner had evaluated the economic viability of the location. Mr. Schuchman stated that
El Car Wash had reviewed nearby car -wash activity using Placer Al data and other market
information and believed there was sufficient demand. Mr. Schuchman stated that the
company intends to establish a broader Chicagoland membership network and
anticipated investing approximately $12 million to $13 million in the Mount Prospect site.
Mr. Schuchman also referenced an El Car Wash location in Southfield, Michigan, as an
example of a successful site with right-in/right-out access on a heavily traveled roadway.
Commissioner Weir expressed concern with the proposed 35-foot tower elements, stating
that they did not appear to serve a functional purpose and seemed disproportionate to the
building. Mr. Schuchman stated that the Petitioner would be willing to reduce the tower
height by approximately five feet if requested as a condition of approval. Director
Shallcross clarified that the proposed height complied with the underlying zoning district
and did not require a variation; however, because the request before the Commission was
for a conditional use, the Commission could recommend a lower maximum height as a
condition. Mr. Schuchman confirmed that the Petitioner accepted the conditions
contained in the staff report and was willing to accept an additional height condition.
Public Comment
Chairman Donnelly opened the floor to public comment and swore in Tim Leung of
Everclean Car Wash, 300 E. Rand Road, Mount Prospect, IL. Mr. Leung stated that
Everclean Car Wash had previously considered the Subject Property but ultimately
selected its current location because of concerns regarding traffic flow at the Rand
Road/Main Street/Kensington Road intersection. Mr. Leung questioned the traffic
projections in the KLOA study, stating that Everclean experiences more than 110 vehicles
per hour during busy periods compared with the lower 58 vehicles cited in the study. Mr.
Leung explained that Everclean's existing site includes a deceleration lane and a center
Lane that facilitates turning movements and stated that the proposed El Car Wash site
Lacks comparable features. Mr. Leung expressed concern that customers approaching
from directions not served conveniently by the right-in/right-out access points could
attempt prohibited turns, make U-turns, or otherwise add congestion to the surrounding
roadway network.
Chairman Donnelly swore in the general manager of Everclean Car Wash, Whit Grossman,
1108 N. Plum Grove Rd, Schaumburg, IL, who stated that the Southfield, Michigan example
discussed by the Petitioner operates within a roadway system that differs from Mount
Prospect, including Michigan -style turnaround movements. Ms. Grossman also described
Everclean's existing investment in Mount Prospect, its employment of area students, and
its relationships with Village departments. Ms. Grossman stated that the proposed El Car
Wash site is approximately 0.26-mile from Everclean and expressed concern that a second
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 18 of 202
9
facility offering similar services would directly affect Everclean's existing investment and
jobs.
Chairman Donnelly swore in a resident, Natalie Mason, 304 N. Main Street, who stated that
she lives approximately two blocks south of the Subject Property and expressed concern
regarding existing crashes and congestion on Main Street. Ms. Mason was particularly
concerned about pedestrian safety because students and other children walk along the
area sidewalks and would cross the proposed driveway entrances. Ms. Mason asked what
measures could be taken to ensure that drivers entering and exiting the car wash would
watch for pedestrians. Ms. Mason also stated that she believed additional outreach to
nearby residents would have been helpful. Chairman Donnelly advised that the Village
Board would make the final decision on the request and that residents could also attend
the upcoming Village Board meeting. Vice Chairman Beattie asked whether Ms. Mason's
concerns were specific to a car wash or would apply to another commercial
redevelopment of the property. Ms. Mason responded that her concern was primarily the
intersection and existing traffic conditions.
Chairman Donnelly swore in a resident, Nancy Reese, 1312 E. Kensington Road, Mount
prospect, IL, who asked how water that could not be recycled through the car wash
reclamation system would be disposed of.
Chairman Donnelly swore in Jay Vandenherik, 300 E. Rand Rd, Mount Prosect, IL, who
stated that he works for Everclean, expressed concern that approximately 80 vehicles
entering and exiting the property during a peak hour would add activity to an already
congested intersection near the Village fire station. Mr. Vandenherik stated that he
regularly travels through the area and believed the location presented significant traffic
challenges.
Petitioner and Staff Responses to Public Comment
In response to Ms. Reese's question, Mr. Harvey stated that the soaps and chemicals used
by the car wash would be biodegradable and environmentally friendly and that wash water
that could not be reused would be discharged to the sanitary sewer, not the storm sewer.
Mr. Harvey confirmed that the stormwater system would remain separate.
Chairman Donnelly asked KLOA to address the basis for the traffic projections and
accident concerns. Mr. Bowen stated that the trip -generation estimates were based on
Institute of Transportation Engineers (ITE) standards derived from surveys of comparable
facilities throughout the country. Mr. Bowen stated that the study estimated approximately
55 percent of site traffic approaching from Rand Road and approximately 45 percent from
Main Street. With respect to crash risk, Mr. Bowen emphasized that the right-in/right-out
driveways would eliminate crossing and left -turn conflicts and would include islands that
physically channelized movements rather than relying only on signs.
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 19 of 202
10
Commissioner Weir raised a separate concern regarding pedestrians and bicyclists, noting
that drivers making right turns often look left for gaps in traffic and may fail to look right for
pedestrians or cyclists approaching on the sidewalk. Commissioner Weir suggested that
pavement markings, warning signs, or other measures could be considered to alert drivers
to pedestrian activity. Chairman Donnelly asked staff about bicycle facilities in the area.
Director Shallcross stated that the frontage currently appears to contain a sidewalk rather
than a multi -use path and noted that broader pedestrian and bicycle improvements may
be included as part of the planned Rand Road/Kensington Road/Main Street intersection
project. Director Shallcross stated that the Village's engineering review did not identify
concerns with traffic backing onto Rand Road given the substantial on -site stacking and
the right-in/right-out restrictions at both access points.
Motion and Commission Discussion
Chairman Donnelly closed the public hearing and requested a motion on the conditional
use consistent with the staff report. Director Shallcross suggested that, based on the
Commission's discussion, the motion include an additional condition limiting the building
height to thirty feet (30'-0"). Chairman Donnelly agreed. Commissioner Weir requested an
additional condition addressing pedestrian safety through appropriate signage, pavement
markings, or similar measures. Director Shallcross stated that such a condition could be
included, subject to review and approval by the Village Engineer so that the appropriate
standard treatment could be selected. The Petitioner indicated agreement with the
additional pedestrian -safety measure.
Commissioner Weir reiterated concern that customers traveling in directions not
conveniently served by the right-in/right-out access could attempt to circulate through
nearby streets. Director Shallcross stated that, practically, customers would likely choose
the El Car Wash location when it aligned with their direction of travel or use another car
wash when it did not, rather than make difficult turning movements. Chairman Donnelly
then requested a motion incorporating the conditions in the staff report, a maximum
building height of thirty feet (30'-0"), and additional pedestrian -related signage or safety
measures subject to Village Engineer approval.
During discussion on the motion, Vice Chairman Beattie stated that he had approached
the proposal critically because of the difficult intersection and traffic concerns. Vice
Chairman Beattie observed, however, that any commercial redevelopment of the vacant
property would generate traffic and noted the significant investment proposed by the
Petitioner and the multiple revisions made to address staff and Commission concerns.
Vice Chairman Beattie stated that, although no development could eliminate the inherent
challenges of the intersection, he believed the Petitioner had made substantial efforts to
address the identified issues. Commissioner Rogers similarly stated that he had initially
questioned whether a car wash would work at the location but believed the Petitioner had
performed substantial due diligence and presented a professional proposal.
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 20 of 202
11
Hearing no further comments or questions, Chairman Donnelly closed the hearing and
asked for the following motion to approve the conditions as noted in the staff report, plus
two additional conditions relating to a maximum building height of thirty feet (30'-0") and
additional pedestrian -related signage or safety measures subject to Village Engineer
approval [in bold]:
"To adopt staff's findings as the findings of the Planning and Zoning Commission and
recommend approval of:
1. A conditional use for a car wash with seven (7) accessory structures at 1 E. Rand
Road, subject to the following conditions:
a. The Subject Property shall be developed in substantial conformance with the
approved development plans which consist of the following (collectively the
"Approved Plans") :
i. "Site Development Plans for 1 E Rand Rd", consisting of 15 sheets,
prepared by Stonefield Engineering & Design and bearing the latest
revision date of 09/15/2026"
ii. Architectural drawings, consisting of 13 sheets, prepared by Krieger
Matt Architects and bearing the latest revision date of 09.09.2026;
iii. "Traffic Impact Study", consisting of 216 pages, prepared by Kenig,
Lindgren, O'Hara, Aboona, Inc. (KLOA) and dated June 4, 2026;
iv. "Sound Propagation Assessment" (Soundscape Study), consisting of
35 pages, prepared by Soundscape Engineering and dated September
18, 2026; and
v. Specification sheets for:
1. "Stealth Predator Drying System", consisting of 2 pages,
manufactured by International Drying Corporations and
undated.
2. "Sound Walls", consisting of 16 pages, manufactured by AIL
Sound Walls.
b. The following shall be required to mitigate the noise generated by the
blowers at entrance and exit doors open and multiple vehicles using the
outdoor vacuums in conformance with the recommendations provided in the
Soundscape Study:
i. A 30 horsepower (HP) Stealth Predator Ultra Quiet drying system shall
be used;
ii. The sound wall along the southern property line shall be eight feet (8'-
0") in height and a minimum of two hundred feet (200'-0") feet long;
iii. The sound wall at the car wash tunnel exit shall be twelve feet (12'-0")
in height;
iv. The screen wall surrounding the east outdoor vacuum pump shall be
eight -feet (8'-0") in height; and
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 21 of 202
12
v. The vacuum pump located on north side of vacuum building shall be
fully enclosed and shall be equipped with an exhaust stack above the
roof.
c. Silencers/mufflers shall be placed on each of the vacuums.
d. All exterior lighting shall be limited to white light only.
e. Lighting shall not be permitted on the arched vacuum equipment.
f. Both the sound wall at the exit of the car wash tunnel and along the southern
property line shall be consistent in appearance with the principal structure.
g. A privacy fence primarily consisting of fiber cement and not exceeding four
feet (4') in height shall be installed along the perimeter of the drive -through
queuing lane.
h. The attendance booths and related canopy structure shall be adorned with a
brick veneer and stone coping consistent in appearance with the principal
structure.
i. The hours of operation for the car wash shall be limited to 7:00 AM to 8:00
PM, Monday through Saturday, and 8:00 AM to 8:00 PM on Sunday.
j. The maximum building height shall be restricted to thirty feet (30'_099)',
k. Additional pedestrian safety signage and/or other pedestrian safety
measures shall be provided at the two site access driveways, subject to
review and approval by the Village Engineer.
L. Submittal of irrigation and photometric plans that comply with Village codes
and regulations is required prior to the issuance of a building permit.
m. Compliance with all applicable development, fire, and other Village Codes
and regulations, subject to the approvals and other relief granted by this
Ordinance is required prior to the issuance of a building permit.
Vice Chairman Beattie made a motion and Commissioner Rogers seconded the motion.
UPON ROLL CALL AYES: Szymczak, Weir, Beattie, Rogers, Donnelly
NAYS: Olsen
The Planning and Zoning Commission gave a positive recommendation (5-1) to the Village
Board for the October 6, 2026 meeting.
After hearing no additional items of New Business, Vice Chairman Beattie made a motion,
seconded by Commissioner Szymczak, and the meeting was adjourned at 9:05 PM.
Ann Choi, Senior Development Planner
Planning & Zoning Commission Meeting — September 24, 2026 PZ-13-26
Page 22 of 202
MORA
r
Item Cover Page
Subject PZ-24-26 / 300 S Elmhurst Avenue / Signage Variations / PZ
Final
Meeting October 8, 2026 -REGULAR MEETING OF THE MOUNT PROSPECT
PLANNING AND ZONING COMMISSION
Fiscal Impact (Y/N) N
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Infnrmatinn
The Petitioner (St. Raymond De Penafort Parish) is seeking sign variations to
install seven signs for a period longer than ninety days at the subject property.
The proposed signs depict the ""Stations of the Cross," a traditional 14-step
Christian devotion arranged sequentially within a church or along an outdoor
walking path. The proposal meets the requirements and standards related to the
Village Code, and Staff is supportive of the request.
Ili-qn, mminn
PROPOSAL
The Petitioner is proposing to install seven removable signs, with each sign
portraying two Stations of the Cross. The sign posts will be spaced roughly 20 to
40 feet apart along Elmhurst Avenue, on private property in front of the school
building. The rendering (Exhibit A) shows that each sign will have an overall height
of 5.5 feet and the sign area will be approximately 2.7 square feet (25 inches wide
x 15.5 inches tall). The signs will be constructed out of HDPE, PVC, and aluminum
composite and mounted on a removable 4x4 wooden post. The signs will not be
illuminated.
Village Code Section 7.202 Exempt Signs regulates noncommercial, temporary
signs such as park district, school, and church events, and holiday decorations.
Signs that meet the provisions of this section are exempt from sign permit
requirements. The Petitioner is requesting relief from the following provisions:
1. A sign variation from Section 7.202. D.2.c to permit more than one sign per
street frontage.
2. A sign variation from Section 7.202. D.2.f to allow the signs to remain in
Page 23 of 202
place longer than 90 days.
STAFF RECOMMENDATION
Staff determined that the Petitioner's sign variation requests comply with the sign
variation standards and is supportive of the requests. Staff worked with the
Petitioner to modify the proposal so that it more closely conformed with the sign
code while allowing the religious purpose to be fulfilled. The original proposal was
pared down from 14 permanent signs to seven removable signs. Staff discussed
alternate locations with the Petitioner, including inside the church, the site interior,
and the parking lot across the street. Each alternate location posed safety and
privacy concerns that were not viable for the Petitioner. Given the modest area
and height of the signs and the spacing of the sign posts along Elmhurst Avenue,
Staff does not expect the installation to adversely affect public welfare,
neighboring properties, traffic safety, or the character of the surrounding
neighborhood. Staff finds that the requested variations are necessary for the signs
to reasonably serve the intended religious purposes.
PUBLIC COMMENT
As of this writing, Staff has not received any public comments pertaining to the
case.
Altp-mativpm
A. Approval of signage variations to allow a Stations of the Cross installation
consisting of seven removable signs, for a period longer than 90 days, at 300
South Elmhurst Avenue, Case No. PZ-24-26, subject to the following conditions:
1. The signs shall be developed in substantial conformance with the approved
plans which consist of the following:
a. "Site Plan" dated 9/4/26 prepared by the Petitioner; and
b. ""Sign Rendering" dated 9/4/26, prepared by the Petitioner;
2. The sign posts shall be installed at least one foot from the property line;
3. Each sign area shall not exceed three square feet; and
4. Except for the sign variations 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.
B. Action at the discretion of the Planning and Zoning Commission.
Staff Recommendation
Approval of signage variations to allow a Stations of the Cross installation
consisting of seven removable signs, for a period longer than 90 days, at 300
South Elmhurst Avenue, Case No. PZ-24-26, subject to the conditions listed in the
Staff Report.
Attachments
1. PZ-24-26 Staff Report
Page 24 of 202
2. PZ-24-26 Administrative Content —Red acted
3. PZ-24-26 Plans
Page 25 of 202
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 Senior Development Planner
DATE: October 1, 2026
CASE NUMBER
PZ-24-26
PUBLIC HEARING DATE
October 8, 2026
PETITIONER / PROPERTY OWNER
St. Raymond De Penafort Parish
PROPERTY ADDRESS/LOCATION
300 South Elmhurst Avenue
BRIEF SUMMARY OF REQUEST
The Petitioner (St. Raymond De Penafort Parish) is seeking sign variations to install seven signs for a
period longer than ninety days at the Subject Property. The proposed signs depict the "Stations of the
Cross," a traditional 14-step Christian devotion arranged sequentially within a church or along an
outdoor walking path. 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
EXISTING
EXISTING LAND USE/
SURROUNDING ZONING & LAND USE SIZE OF
ZONING
SITE IMPROVEMENTS
North: R-A Single Family Residential PROPERTY
R-A Single Family
Church, parsonage, and K-8
East: R-A Single Family Residential 3.55 acres
Residential
parochial school
South: R-A Single Family Residential / R-2
Attached Single Family Residential
West: R-A Single Family Residential
STAFF RECOMMENDATION APPROVE APPROVE WITH
CONDITIONS
DENY
H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx
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Page 26 of 202
BACKGROUND / PROPERTY HISTORY
The Subject Property occupies the 300 block of South Elmhurst Avenue, between West Milburn Avenue
and West Lincoln Street. The Subject Property is zoned R-A Single Family Residence District and
borders the R-A district on all sides, apart from the southeast corner which borders an R-2Attached
Single Family Residence District. The Subject Property is approximately 3.55 acres and contains St.
Raymond de Penafort church, rectory, and parochial school. The Petitioner also owns the parking lot
south of Lincoln Street, which is used for recess during school hours and for parking vehicles during
services and events. Existing signage at the Subject Property consists of one monument sign, three
wall signs, and directional signage.
PROPOSAL
The Petitioner is requesting relief from the Village Sign Code so that a parishioner can install an
outdoor "Stations of the Cross" display along Elmhurst Avenue. The display is a traditional 14-step
Christian devotion depicting the final hours of Jesus Christ's life. Each "station" consists of an image,
plaque, or carving arranged sequentially within a church or along an outdoor walking path.
Worshippers traditionally pause at each station for reflection and prayer. This display is most common
during the season of Lent, however, some churches and shrines have stations set up year-round.
The Petitioner is proposing to install seven removable signs, with each sign portraying two Stations of
the Cross. The sign posts will be spaced roughly 20 to 40 feet apart along Elmhurst Avenue, on private
property in front of the school building. The rendering (Exhibit A) shows that each sign will have an
overall height of 5.5 feet and the sign area will be approximately 2.7 square feet (25 inches wide x 15.5
inches tall). The signs will be constructed out of HDPE, PVC, and aluminum composite and mounted
on a removable 4x4 wooden post. The signs will not be illuminated.
Village Code Section 7.202 Exempt Signs regulates noncommercial, temporary signs such as park
district, school, and church events, and holiday decorations. Signs that meet the provisions of this
section are exempt from sign permit requirements. The Petitioner is requesting relief from the following
provisions:
1. A sign variation from Section 7.202.D.2.c to permit more than one sign per street frontage.
2. A sign variation from Section 7.202.D.2.f to allow the signs to remain in place longer than 90
days.
The Petitioner states in the application that they desire an outdoor installation to create an accessible
space for personal reflection, prayer, and quiet connection. The Petitioner shared that parish
Leadership evaluated multiple placement options across the Subject Property, and they concluded
that the location on Elmhurst Avenue is the only suitable option. They argue that indoor and interior lot
placement would compromise the privacy of the clergy living space and introduce security risks for
students and staff.
ADDITIONAL CONSIDERATIONS
The Planning and Zoning Commission should evaluate the request under the local sign code while also
ensuring that its process and decision comply with the Religious Land Use and Institutionalized
Persons Act of 2000. RLUIPA prohibits zoning and landmarking laws that substantially burden the
religious exercise of churches or other religious assemblies or institutions absent the least restrictive
H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx
Page 27 of 202
means of furthering a compelling governmental interest.' RLUIPA also prohibits religious
discrimination and treating religious institutions less favorably than comparable nonreligious
institutions. The Planning and Zoning Commission should consider:
1. Land use impacts, such as traffic visibility, public safety, lighting, maintenance, or
neighborhood character;
2. Consistency of enforcement, including whether the requirements are applied consistently to
secular installations with similar physical characteristics and impacts;
3. The effect of denial, including whether it would prevent or materially impair the proposed
religious practice and whether reasonable alternatives are available; and
4. Reasonable conditions that could address legitimate physical impacts while allowing the
religious use to proceed.
STAFF RECOMMENDATION
Staff determined that the Petitioner's sign variation requests comply with the sign variation standards
and is supportive of the requests. Staff worked with the Petitioner to modify the proposal so that it
more closely conformed with the sign code while allowing the religious purpose to be fulfilled. The
original proposal was pared down from 14 permanent signs to seven removable signs. Staff discussed
alternate locations with the Petitioner, including inside the church, the site interior, and the parking lot
across the street. Each alternate location posed safety and privacy concerns that were not viable for
the Petitioner.
Section 7.202.D.2.c permits only one sign per street frontage. Staff finds that seven removable signs
along the Elmhurst Avenue frontage is reasonable, given the Subject Property measures nearly 500 feet
north to south, or the equivalent of ten R-A single family residence lots. Each of the ten residences on
the opposite side of Elmhurst Avenue could, by right, install a single temporary sign that meets the
provisions of Section 7.202.
Section 7.202.D.2.f requires that the sign be removed within three days after the sign no longer meets
its intended purpose, and in any event no longer than 90 days. The Petitioner is requesting that the
installation be allowed to remain year-round so that worshippers may freely access the stations
outside of traditional holiday seasons. Staff finds that the temporal limitation imposed by the sign
code would impair the proposed religious practice and is supportive of allowing the installation to
remain year-round.
PUBLIC COMMENT
As of this writing, Staff has not received any public comments pertaining to the case.
STAN DARDS AN D FI N DI NGS
The Planning and Zoning Commission shall review the standards and findings of fact outlined in Exhibit
Band 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 decision to approve or
deny the request.
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H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx
3
Page 28 of 202
Staff finds that the proposed variations meet the applicable standards contained in the Mount Prospect
Ordinance. Based on these findings, Staff recommends that the Planning and Zoning Commission make
a motion to adopt Staff's findings as the findings of the Planning and Zoning Commission and
recommend approval of the following motion:
"Motion to approve signage variations to allow a Stations of the Cross installation consisting of seven
removable signs, for a period longer than 90 days, at 300 South Elmhurst Avenue, Case No. PZ-24-26,
subject to the following conditions:
1. The signs shall be developed insubstantial conformance with the approved plans which consist of
the following:
a. "Site Plan" dated 9/4/26 prepared by the Petitioner; and
b. "Sign Rendering" dated 9/4/26, prepared by the Petitioner;
2. The signposts shall be installed at least one foot from the property line;
3. Each sign area shall not exceed three square feet; and
4. Except for the sign variations 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 Planning and Zoning Commission'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...)
1 concur:
Jason C Shallcross, AICP, CEcD
Director of Community Development
H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx 4
Page 29 of 202
Exhibit A
SlIfIgn Reiictefling 9,14126,
Stations of" the, CTOSS
300 S, Elmhurst Ave
W
I i A6 d 0 IY
A"
12 . 15 " W.
i
9M
I
HAPLANTIanning & Zoning COMM\P&Z 2026\Staff Repo rts\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx
Page 30 of 202
Exhibit 6
Standards and Findings of Fact
SIGN VARIATION STANDARDS
Section 7.605 of the Village of Mount Prospect sign ordinance provides that a variation shall not be
approved unless findings are made on the following standards:
1. The sign in question cannot reasonably identify the establishment if permitted to be used only
under the conditions allowed by the regulations of the sign ordinance;
2. The plight of the owner is due to unique circumstances and the proposed variation will not merely
serve asa convenience to the Petitioner, but will alleviate some demonstrable and unusual
hardship which will result if the strict letter of the regulations of this chapter were carried out and
which particular hardship or practical difficulty is not generally applicable to other comparable
signs or properties;
3. The alleged hardship has not been created by any person presently having a proprietary interest in
the subject sign (or property);
4. The proposed variation will not be materially detrimental to the public welfare or injurious to other
property or improvements in the neighborhood;
5. The proposed variation will not impair visibility to the adjacent property, increase the danger of
traffic problems or endanger the public safety;
6. The proposed variation will not alter the essential character of the neighborhood; and
7. The proposed variation is in harmony with the spirit and intent of this chapter.
Petitioner's Findings: The Petitioner contends that the requested sign variations are necessary because
the Stations of the Cross serve a spiritual and educational purpose, rather than a commercial or
establishment -identification function, and therefore cannot reasonably be accommodated under
regulations designed for conventional signs. The Petitioner maintains that the need for the variations
arises from the site's layout and the school's safety and security requirements, not from deliberate
noncompliance or personal convenience, and that relocating the shrines could interfere with campus
monitoring and traffic control. The Petitioner further asserts that the proposed shrines would be visually
unobtrusive, would not impair sightlines or create traffic or pedestrian hazards, and would not be
materially detrimental to neighboring properties or the public welfare. Finally, the Petitioner argues that
the modest, natural -wood displays are consistent with the institutional, park -like character of the church
and school grounds, would not alter the neighborhood's essential character, and are consistent with the
spirit and intent of the Sign Code.
Staff's Findings: Staff recognizes that the proposed Stations of the Cross differ from conventional event
signage, commercial signage, or seasonal decoration. Staff finds that strict compliance with the sign
code, which limits the number of signs and duration of display, would impair the religious practice of the
church. Staff finds that the requested variations are therefore necessary for the signs to reasonably serve
the intended religious purposes. Given the modest area and height of the signs and the spacing of the
sign posts along Elmhurst Avenue, Staff does not expect the installation to adversely affect public
welfare, neighboring properties, traffic safety, or the character of the surrounding neighborhood. Staff
finds that the request meets the standards of the Village's sign ordinance and recommends approval of
the sign variations.
H:\PLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-24-26 300 S Elmhurst Ave (VAR - Signage).docx
Page 31 of 202
MIWpp"r Vi[lage of Mount Pima Pe,
IM1L11111 Pro'spe-er;
..........
CommunJity Development Dep,artrnent
50 S. IIEmerson Street
Mourn nt Prospect, [[Iinois 60,056
Phone: (847) 818-53,28
Zoning Reques' ApplicatIon
Mcia Use Only ('To be compieted by'Vill,!age Staff),
r%
Case Number: PZZ26-000022: PZ7-24-26 Date crf S ubm ission 08/1212,1026 H earing� Date: 1 0181D
Project Name/Addtess: Stationis, of the Cross along side our, school
I., Suib�ject Property
Address(es): 300 S EJ1 m h u rst Ave
Z,ming Dis,trict(s): IIRA IIP ro pe rty Areia (Sq �Ft an d/or Ac r�eage): 3-55 acres
Parcel II n,dex (R[N(s): 08-11 -2 19-0 19-0 000
III. Zoning Requestf S') (Check all! that apply)
Conillti� nal Use!: For
Variation(s): To Sign Cod�e
"To
ZonJng Map, Amendmenll!: Rezone From
ZonJng Text, Arnenrneint: Section(s)
Other:
1111. Surnmary, of' PropGsall (use separatesIli eet ifnecessary)
7-14, posts, along IIElmhurst Ave al6ng the sidle of the school depicting the Stationf the Cross,,.,, Since this, is, a prqperty ofthe
Archdioscese for Chicago,they ,ire 14ndown�&r,lthere is no bil] that we can submit since we are a non-profit and exempt
f ro m
I. Appllilcant(AII correspondence,w[II be sent to,the applicant)
Namie:Corporation: The Catholic Bishop of
Chicap, /'S,aiint Rayrnond1
School
Address:
City, 'Mete, ZIP Code:
Phone:
[nterest in Property:
V. Property Owner
X Check ilf'Siarne ,as, Applicant
Name: St Illyaymmd Church
Address: 301 IIII Oka Ave
ailty, State,,,, ZIP,bode: Mount Prospect,' IL 600,56
Rhone:
Email�:!
EmailL:
Page 32 of 202
r7X�m- Village olf M liou nt �Prosp i
Commillunit Dievelic)pmillent Depal ritim lien
�y
501 S. Emerson Street
Molunit Prospect, Ittinots, 600,56
1
Rhanai: (1847)1818-5328
Property Ow, neirl
I . . .. . ..................................... . .......... . - - " 1
Check If Si,ame i�asi Ap,pliciant
Carporalon:
Namiff:
Aq
Aiddress: Av e, .. .........
clity, St�ate ZI ��PI C1 olid�lle
Phonie,,, Offlo Em6lL,
Inil consideration, of, Chile yin forIII iattion lic�lionItaIinn this Ipetattlion, as wetii as at,t supporting
dol-clumental ion, it "I's reliquested that approvat, be given to thts rieliquest. Thel apipticant is the of ire or
authilorized, rep resenit'Aftive of� the ownier lio�f thle ��pilroperty,,, The Petitioner ain4 thille ownie'r of this propliertyl
I grI -ermisslon to jentier thile iant lie�m, toyess, o�f Chile ViLlage ,of Mbunt Prosplect and thei[r agient's �pi
P
Property du�rin,g reascinabLe holursfdr v1suat Inspection II the subject prolliplerty.
I IIherieliby affirm that ii flotmettion prolvidield hiereln and in att, m�aterl'i,,a���Lmi"tted In, asSocialtilion
with, this appUliciation iare true anill ld accurateto, the blest, JoUrny knowltedge.,
iApip"U" W ('signi,11111 e)
��(Frw or
Jill Illill illiql1i 111�111111 Jill
I J
Orr
I hereby designiate thJe apiptlicanit to aict as m�y agent 'for, t�hell purpose of seeking the zoining, r,eliq�uest,(�s')
fbil I! is alpptl ng, mteria L
diesicnil ed in th� ciatillon aind thile assoldiatield suppillora
ti
Prioperty Owine,!r.L—
(S ign a/e)
dr
J1C
2r �r- 9 111
(Print or T*"aml
Page 33 of 202
Village of Mount Prospect
Community Development Department
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone: (847) 818-5328
Affidavit of Ownership
COUNTY OF COOK
STATE OF ILLINOIS
I, 6re A AN o5 le, th2A. under oath, state that I am
�$rint name)
F� the sole owner of the property
F1 an owner of the property
F4 an authorized officer for the owner of the property
commonly described 1- 1
ord �p Ao-wQ�r�t 0.0r�sh
(property address and PIN) U le,
4-- Pf e-)� L. &e9e
and that such property is owned by 04YY.4 • 6�5 64 1 o as of this date.
Subscribed and sworn to before
me this �0 day of
V � , 20�.
LF
V :;;or
Notary Public
(print name)
;eijKature
OFFICIAL SEAL
ALEXANDER J RAMOS
Notary Public - state of Illinois
Commission No. 10221 25
M Ccmmisslon Ex 1res December 9 2029
Page 34 of 202
'ply,
U,N0FF'1C1,AL C01
ER."S AFFIDAV171111i
SICRIVEN
EPARED BY AND AFTER,
RECORDING, RETURN
1!!16 1
A reh"d, 1"(XIese 01, fil' C"hicago
0 ffice o f Up I S, ervi ces
,835 N'. Rus.h. St.
Chicago, 606H
A (ar ttl T
De Ut p y Gen,r..,l Cotmsel
PIM: S,ee Exhi
D r's ocument Numbe
,,See E xhilib"I't A
III IIAUIIIIIII�IIIIIIIIIIII
000 20900005 Fee $88.00
11RKS? FEF.11516.,ftl RPRF FUI$11,00
Olankat FasVill,00
Monica eardion
C00k Co'Un'tW Clerk'Ei Office
Data' 2INV2926 91-143 AM
PIAGE: I of 29
.......... (Space aboit Offlict)
11 -* -interest 1, thic grantele
"Init utidetsigned, (""Trustee7l'), who or t'hesiuccewr Hi "0
under [he (Jouumems filisted i it A (1he doestiereby swear and affinlin t1lat
the Documents -
incorreil omitted to refled. that hioldsill "iti, a repriesetitat"i've
' -at p'operty," aud 'denaffiledr loti Exh'bit,A
capacity as trestles, bare legal tide t,o the re � altacillied, hereto ('each, a "Property" and collectively,the
Trustee, The Catholic 1311ishilop of Chic4p, ,an 1111iiiiois Clorplill:,or S1101e) T'S Zil C'Upo"ration
s
"lu-6 in J 11945, as amended olle., a ci v [I I aw ead`ty lestab I i she,d "by sper, i a1 Cha riter of th e 'I I 1i noi s L
in 1861,, Trustee held and continues to holid bare Jell i to re,al, pro perlv,"-J-br refliglims and
16"I'lulitable benefit of liall'id in trust foratiyll refigious Iliret "Ilion of Romaili C,, or for the
SUPPOTt', 'd. rice oflany hospital, almshoiuse,,, seni nary, church,"
a i and tna'inlena, par :age or for
"buri,all 1 5 0 haritab lie purposes, with i iii the St,ate of ,I I 11*11.0is p "to the
,grolunds or other mligll r c
specia I chartier c f "the 111 in o"is Legislature "in "18,45 as amended i. n, 1 ,861 -, I ;i sorne &irc?'s�anecisi,
0,1�7 SUCh
Trustee holds property to ensure that reslirictilions pilaced on the use property bly 616n'ors or
I
oth'iers are hioniored., 1111"rustee is, therelfore,, empowered ,,ind litilli1lied by Colde of Cailion Law" of the
Roman Catholic Ch.urch.
For each such, Propert Exhi"bilt A pirovides.- (a) the lega! deser'lpfim-, ('b) PIN (c),ttie book,
pa,ge, documont nuMber ar fi.lefor the insti"Itinlients ,of c�)nveyaniice bywhicti, the l'T'r,ust,ee, was naiiied
I
as grantee or by which the, Trustee otherwiise acqtfi'rc�, legal hills, (I)Llt nelith,er passession, tisle, nor
tr
bej�iicficial [ntcrcst) to suell propert as trus-tee-, (d) address and (e) the naune of ithe paris'lies oth
coin Moman Catho'lic or the bennefic' se F r which t1lie beneficial, interest, use,
-gregyations o ia! plui,po b,
rities ts. held...
and possession ofthe respectivic Trust Prope, "l
M
Page 35 of 202
2$06�06005 PWNt�, f N
Accord"ingly, tlic rieferetiecto tIll Riglit Reverend Celest'ineGuy riemer de la, Haft and,liere,
Rornan Calln ishVi"Imlic "'Bop of cennes, "the Bishop of 'V"i,neennes,(lieCatiioIicBis,,hop4 f"Vincennes
ailid I'll to the Ri I I "I the
is successomll or ght Reveretid Pieter Richard Kenr'cilll Risiliop of St. I auisl
Cathol ic, his o f S L Lotss, or th he Rom ailli Cathol ic Bisill 011F is 1.11 Lour, and lhi S stleces'sorls ,or "to
aft i n istrator o f tilli e! d iocese, ofC h, i cago in whi"ch t'h e addit'l o n,, of "Rishop o,f C h, ic ago," or "Cat holio
111113"shop of Chilcago." i® "Rotnall'I ih Cl,at' C BLishop of'Chi r "A tra, ''of" the Di'mese
l, 'I, o'l_jlcalglo�ll 0 d'm i ni s tor
of"C h icago"- or" to Tillie Cattliol ic,B ishop of"Ch i cal 'I net ud i" ng but not 11"mited tc), "the R igi-vt Reve-rend
lliam Quaiter, Bish(T of Chicago, the Right Reverend Jam ,es 0. l 111111)e VeldeN ffisillop of
Q'Icagio, t','Iho,,R,,ight,,R,evetrillid Aittliony UR,egmn, Bishop of C!"Iticago, Ill RightReverend Jaines
T I 'hot y Coadjutor Bislliop an,d Duggan, B111'shop of Chilo� the R."'Sht Reverend T tnas Fole,
C1 iicago th M Ad,,minist:, Reverend Patrick A.,, Feehan, Arch"bishlop of'Chicaglo, the Most
rend Ja,!,", Quigley, Av�,lshop of ClIficagoy His Erninence, Geci Cardinal Mundelein,
Reve,''ar
,Archbishop o' agol i hbi's-hop of 1011i'leago, Hi's
His Etltliinence Sainuel, Cardinal, St:iticlfi� Arc
El''In I fiefilce� fohrill iik'i "' i-ml Cody, Archbishop ollf Chicago, I I"s Em-irience,
A sei)h Cardina],
f3emarclin, Arlcllibish,l 'l Chicago, His Eminenim Franill atlldi,aal George, Archbistiop af
Chic,agio, and His Blase I C"tail ,,,,Ar"c,lllib'isl,iop of Chicago a%, grantele undeir
each afthe Doctars is delieted and,, replaced as follows: "Ttie C,11atholic Bishop of
C hq
lcillgo� a corporation sole "for, the, religious and charitable bellefit of
the, I'de-tifily of lle,,acill"t,,r,ell"tlg'i"otts (I)f Romaii Cathol`cs°°�, tiospital, al-Inshouse, miRaul,
chumh, plarsonage, or and eacti Property as m. tbrth in Exliibit,A, attached
q,
hereto and will"i carili beneficlial purpose��' r beneficiary, deflined by t1l"Itic Code off` Canolln, Law if
flie Roman Catholic Church or"If suich ,group�has_,heen forme,d, as, a legral entIllity under civil, 1110
defined h, applicable civit law for such orvIvI',!,Ia'fl6n and thelirrespective sttcliceSISOVS
Y
Finall, 'by," at v,e correcti on ,and
y, the undet'signed douleschere, ffirn6litotheabo
believel"I tip be t1te true, and, accurate inten . .... tion Of' thile Ar �,,wtio drafted, and relcordied the
P
ere"Ad barelegal title to real
refnced cti doments.. The rt Tuso -lee previu,sly held md C 41111 to h(11, 11
V, j-'A charter. "I l terms offlie pro, rly ial
n vpmsentative pacify trusteer caaspusuant its to 's"I""Iec
,PC
him
Trust were esta hi ish ed by the specia I Charter and "the ecel vqi asMic g0vt li ng the Raman
Catholit Clairch.
IN O FURTHER TEXT ON" THIS PA G E]
Page 36 of 202
2 e 0 in 0 6,0 05 P li� qi� " 3 � f 2, �
UN Ui/ Firiii it CA'
TNESS WHEREOF, th' Scn"vener's, Affidavil,"t has been exectiled,1 by" the
ulidersi Igned as of the day and year firl abovic wriffcri
THE CATHOLIC BISHOP OF CHICAGO,, a
corparation sole
"B Z�
Narnel:
,11ritle: Archbisiliolp of"C"1111,11-11U.9,0
Sill "Al 'E, OF ILLINO[S
Wit JNTY OF Ccok..
On thisll day of, 202116''be,fill "Me th,le. undersigned, a. N'lly, Pubill"ic'un and
fbirisaid, (]".0unty an lid' Stailte.,"persion''I ya,,ppe,a,reld,,Ca,,,,,r,�.',,",-�"Bias,eJ".C"up"clitoi"epersiona'lly�k,,nown
who being by ive duly swom did s4y tha he "is dic Aril, ',No of Cliicago, a,s VI'llustec, The CathoUlk
Baid instrumcnitto be the, free act, and, ishop of cJ1i,ica9q,;a (;.orporat lion solki and said acknilowled s
de�ed ofsaid corporlat'llonsolic.
IN W ITIC, SS 'Mill ERMP', I havehercunto sliet my hand and official. sea'[ at y office I"n
sa"d, County, ,and State,,, the dq and yearl last a,bove written.
0�f IUAL SEAL.
OW
I R ROME
7l of i i i inois
nols,
01a
Notary
Pu`bfic N":)A9636's
my
N L 't"nted Name, v u) e.
Mly, coninvissi'an expires, 11 J41 07 ir
lit I
Page 37 of 202
zbuu!5ubuu� wage", � ar 2,!j
NOIFFI�CIAL,, COP�Y'
EXHIBIll"ll A-5
PROPERTY INFOR,'XATION
PARCEL 111:
LOTI IN S7. RAYMOND DE PENAFORT PAR15H SUBDIVISION OF PART OFTHE SOUTHEAST
QUAR'T`EiRlr1 'THE NO RTH EAST 0 UARTER OVS ECTI ON 11, TOWNSH.1 P 41 NO RTH, RANG E "I "I
EAST OF"'m "THIRD PRI NC I PAL MER I ILIA N IN T 1 F, V1 L LAG E OF MO UN'T P ROSPECT', ,COOK
COUNTY, I LLI V 18',
PARCEL 2:
LOTS, 1 "TO 24 1 N BLOG K j`�N N PRO SPE PARK COUNTRY CLUB, BE [NO A S UBD IVIS ON F TH E
SO UTHEAS'T 14 017,S, Er,17,�Z* 11 4 AN D TH E,S0k JTH 15, ACRES OF THE EAST'l /2 OFT11111111 E
NORTHEAST" 114 OF SECTIOt " 1, TOWNSH I P 41 NO PITH, RANGE 11, EAST 0 F TH E THI RD
PRINCIPAL MERIDIAN, IN CO0K,,,,I00Ty`, ILLINOI&
08-11 -219-01 9000%
08-1-1-41107' 011 0000,
0841-407-012-00001
08-11-407'"013-00001
08- 1, 1 4071-1
08-11-407-017-0000,
08-14-407-018-0000
1111,407-0 1 119-0,000
08-11-407-020-0000
08-11-4017-021-0000
08-11-407-0221111114000
0118-14407A240000
08-11-407-11025-0000
08-11 40711-026-0000
08- 1, 1 40117-028-0000
i 1 .407-02 9-0000
08-11-4071-030-0000
08-, 11-4,07-03'112-0000
087 11-1407-033-0000
08,111,11, 11-4,07-03,411-000 0
Addrcs,$1,1,111 301 South I -Oka Ave'nue 1 04
Mt. Prosped,, Pin is, 60056
Page 38 of 202
06908005 Ra
G g e 10 of 29
14,02636,153350,,2,,"I,F,156,,44'7'41,1,"190368,5,,5p
Vesling Jeed' d ocument numbems,, 15324645
156252951. 18642838,,F'15324644, 15324645, 153350210 154,935862 18267763
Religlil'ous c��)ngregatimi mi
of'Rolmari Catholics, hospital, ah'irs.111touse, senary, church, parsonage
Orl buria,'! g,11-ounds at. the church limilln'lln on ly, k nown aiis SRA, Riayuwd De Penafmt Piash a nild its
SucceSsor's.
Page 39 of 202
8/14/26,12:55 PM
Cook County Treasurer's Office - Chicago, Illinois
Your OP"ropertly Tax Overview
'�"""XI �����T ��UT �O �����YTI I ETBETR DYU GR 0TGTD OI EBN OT R TAPPL DSRR
Note: The above amounts are illustrations of how much government debt could be attributed to your property based on its
2024 value.
See Details Here
OVERVIEW r- PAYMENTS
Property Index Number (RIN): 08-11 -219-019-0000 l"111 l . .. . .. . .. . .. . .. . .. . .. . . G ��i i �J A l"1111111111 W S III III A ��i C"" ��i ............
Sciroill dowinfoir iirnoire '! infoirimatill in.
Incorrect Image.? Chick Here.
Property Location:
300 S ELMHURST AVE
MOUNT PROSPECT, IL 60056-0000
Volume: 049
Mailing Information:
IIII Illf ililliliHing AWiiress 1II buiind
Update Your Information
Tax Year 2023 (billed in 2024)
https://www.cookcountytreasurer.com/yourpropertytaxoverviewresuIts.aspx Page 40 of �&
8/14/26, 12:55 PM Cook County Treasurer's Office - Chicago, Illinois
At t iiii tiiii iii , 1pl iir IIIII iiirt"tax iiiii iii ° iiiriiii ° iiili iiiri °for "tax ye&ir 202,3 caiiiainot be accessed for t IIII Ill iiir IIIIeiiirt
11iiindex IIII u iii � iiir 1[f you ineed fu iiirt iiir ass iiiii t iii , you rnaycaiiil our cailii ceiinteiiir at (312) 44-31
email.
Tax Year 2024 (billed in 2025) Total Amount Billed: $0.00
l ,,. I.I.,„T, I .I.....I,�I.....I Tc .x Y�, ,� 2 1, �
,.
2� �,.f I.I., c„ I .I.....IMI.....I Tf, Yefrr 02
Original Billed Amount:
$0.00
Original Billed Amount:
$0.00
Due Date:
Due Date:
03/04/2025
12/15/2025
Tax:
$0.00
Tax:
$0.00
Interest:
$0.00
Interest:
$0.00
Current Amount Due:
$0.00
Current Amount Due:
$0.00
I btall Aimouint Due: $0.00
I , iiiii Ill��)� iiir III.. iiiirt, 11iiindex IIII u iiimibeiir IIIII IIIII IIIII1has beeiiiriiiiideii tii[ iii th e Coo 1k Co u inty Assesso iir' Qffiiceto
be iiirn . L.iir . I ,iiiir , i , � , III Ifoiiir 1 I ax
,
iiir 2024.
Tax Year 2025 (billed in 2026) Total Amount Billed: $0.00
Oft I A . pipv'Tax
Year
a/ 2025
Original Billed Amount: $0.00
Due Date:
04/01 /2026
Tax: $0.00
Interest: $0.00
Current Amount Due: $0.00
I btall Aimouint: $0.00
I , iiiii Ill�)� iiir III iiirt 11iiindex IIII u iiiiinibeiir IIIII IIIII IIII1has beeiiniill&ii til[,fiiii th e Coo 1k Co u inty Assesso iir' 0ffliceto
I iiiir � �, i, tax IIII]exists I,a
iiir 2025.
About payments: Payments are recorded the date they are received. They appear on the
website about three business days later.
Download Your Tax Bill
Tax Year 2024 General Property Taxes:
This Property Index Number (PIN) has been identified by the Cook County Assessor's Office to be
https://www.cookcountytreasurer. com/yourpropertytaxoverviewresuIts.aspx
Page 41 of �&
Dear Members of the Plan and Zoning Commission,
On behalf of the Saint Raymond parish community, leadership, and staff, I am writing to present
the vision and rationale for our proposed Outdoor Stations of the Cross Eagle Scout project. We
respectfully request a sign code variation to accommodate this sacred installation, and the
intent of this letter is to detail the community and spiritual benefits of the project while explaining
why the designated site along Elmhurst is the most viable, safe, and effective location on our
campus.
The Stations of the Cross represent a meaningful tradition commemorating the journey of Jesus
through his passion and death, While traditionally placed inside sanctuary walls, bringing this
devotion outdoors creates an accessible space for personal reflection, prayer, and quiet
connection. An outdoor installation allows parishioners, local residents, and passersby to
experience this spiritual journey at any time, deepening connections across our broader
community and offering a peaceful sanctuary in everyday life.
To achieve this vision, parish leadership carefully evaluated multiple placement options across
our grounds. However, a thorough analysis demonstrated that positioning the stations along
Elmhurst is the only suitable option, as all alternative interior or secluded locations present
significant operational and safety drawbacks. For instance, indoor placement is unfeasible
because our church doors must remain locked outside of designated hours to ensure facility
security and student safety. Furthermore, utilizing the rear courtyard is inappropriate because it
serves as the private residential backyard for our parish priests, and directing continuous foot
traffic through that space would disrupt their privacy and peace. Most importantly, because our
campus includes an active school, directing public foot traffic into secluded rear areas or internal
campus pathways during school hours introduces serious security and safety risks for our
students and staff.
In contrast, placing the installation along the public -facing perimeter of Elmhurst anchors the
experience in a highly visible, outer buffer zone. Rather than drawing visitors into the interior of
our campus where students gather, play, and move between buildings, the Elmhurst edge keeps
public visitors along the outer sidewalk. This arrangement allows the community to engage with
the installation in a spacious, natural environment without ever entering active, restricted school
grounds or intruding upon clergy living space.
Because the project involves outdoor elements that fall under local sign definitions, code relief is
necessary to fulfill our objective. The design has been thoughtfully planned to integrate
harmoniously with the landscape and respect the aesthetic character of the neighborhood. We
deeply appreciate the Commission's time, consideration, and service to our municipality, and we
look forward to answering any questions during the public hearing.
Respectfully
Rev. Jerome J Jacob Pastor
Page 42 of 202
St Raymond de Penafort - 300 S Elmhurst Ave
Sign Variation Standards: Stations of the Cross (PZ-24-26)
1. The sign in question cannot reasonably identify the establishment if permitted
to be used only under the conditions allowed by the regulations of the sign
ordinance.
The shrines serve a specific spiritual and educational function for the school community
rather than standard commercial advertising or building identification. Rigid sign ordinance
regulations designed for commercial branding cannot reasonably accommodate a
distributed, pedestrian -focused devotional display. There is no reference to the name of
the establishment on any of the signs.
2. The plight of the owner is due to unique circumstances and the proposed
variation will not merely serve as a convenience to the petitioner, but will
alleviate some demonstrable and unusual hardship which will result if the strict
letter of the regulations of this chapter were carried out and which particular
hardship or practical difficulty is not generally applicable to other comparable
signs or properties.
The outdoor Stations of the cross avails itself to the St Raymond and other community
members that wish to spend time in prayer and reflection with this traditional method. Due
to safety and security concerns the church is not always available to use for the indoor
stations, so this is an addition to enhance this faith experience for anyone
interested. Furthermore, relocating the shrines creates student safety and security risks by
forcing the display into areas that compromises campus monitoring or traffic control.
3. The alleged hardship has not been created by any person presently having a
proprietary interest in the subject sign (or property).
The hardship stems from the intrinsic site layout and safety requirements for the school
and church buildings, not from deliberate non-compliance or personal convenience.
4. The proposed variation will not be materially detrimental to the public welfare
or injurious to other property or improvements in the neighborhood.
Each shrine's modest dimensions (12.511 x 15.5") mounted on slim 4x4 wooden posts
ensure the display remains visually unobtrusive, safe, and compatible with adjacent
property values.
5. The proposed variation will not impair visibility to the adjacent property,
increase the danger of traffic problems or endanger the public safety.
Aligning with the village code to be under 6 feet in height, mounted on single 4x4 posts set
back on school grounds, the shrines will not obstruct vehicular sightlines at intersections
or driveways, nor present hazard to pedestrians.
Page 11
Page 43 of 202
St Raymond de Penafort - 300 S Elmhurst Ave
Sign Variation Standards: Stations of the Cross (PZ-24-26)
6. The proposed variation will not alter the essential character of the
neighborhood.
Outdoor devotional displays are traditional features on church and religious school
campuses. The natural wood construction and modest scale fit seamlessly into the
institutional setting without altering the residential or community character of the area. The
signs could enhance the park -like church and school grounds
7. The proposed variation is in harmony with the spirit and intent of this chapter.
It is in the spirit of this chapter as safety, sightline, and preserving the character of the
neighborhood and property values have all been taken into account as this project was
conceived.
Page 12
Page 44 of 202
PLAT OF SURVEY
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14 Page 45 of 202
Sign Rendering 9/4/26
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Page 47 of 202
MORA
r
Item Cover Page
Subject PZ-16-26 / Mount Prospect Plaza (990-1145 Mt. Prospect
Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, 802 E
Rand Road) / Preliminary & Final PUD, Preliminary & Final Plat
/ VB Final
Meeting October 8, 2026 - REGULAR MEETING OF THE MOUNT PROSPECT
PLANNING AND ZONING COMMISSION
Fiscal Impact (Y/N) N
Dollar Amount
Budget Source
Category NEW BUSINESS
Type Action Item
Information
The Petitioner, LBX Mount Prospect TH LLC, is requesting a Preliminary and Final Planned Unit
Development (PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for
the property commonly known as Mount Prospect Plaza located at 990-1145 Mt. Prospect
Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand Road (Subject
Property). The Petitioner proposes to resubdivide the shopping center to establish separate
lots of record for the existing and proposed outlot buildings, including a new outlot intended
for a potential drive -through -only coffee shop. Conditional use approval is required for the
Preliminary and Final PUD to allow multiple principal structures on the Subject Property, while
the Preliminary and Final Plat of Subdivision is required to legally establish the proposed lots.
Staff finds that the requests satisfy the applicable requirements and standards of the Village
Code and is supportive of the proposed PUD and subdivision requests.
Discussion
The Petitioner is requesting approval of a Preliminary and Final Planned Unit Development
(PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for the existing
Mount Prospect Plaza shopping center. The proposed subdivision would establish separate
legal lots of record for the existing freestanding buildings and create a new outlot, Lot 1C,
near Rand and Central Roads for a potential drive -through -only coffee shop. The PUD is
required to formalize the shopping center as a unified development containing multiple
principal structures and would recognize existing site conditions, including exceptions for lot
coverage, building setback, and certain landscaping requirements.
The development provides 1,324 parking spaces, exceeding the 1,126 spaces required, and
existing recorded agreements will continue to provide cross -access and cross -parking
throughout the Plaza and with adjacent properties. The Petitioner also proposes additional
landscaping throughout the development while seeking relief from certain landscaping
requirements due to the existing developed condition of the site.
Page 50 of 202
A detailed discussion of the proposal is included in the attached staff report.
PUBLIC COMMENT
As of this writing, planning staff has not received any public comments.
STAFF RECOMMENDATION
Staff finds that the proposed PUD and subdivision are consistent with the Village's long-range
planning objectives and applicable PUD standards and recommends approval subject to the
conditions outlined in the staff report.
Alternatives
A. Approval of a Preliminary and Final Plat of Subdivision titled ""Mount Prospect Plaza".
B. Approval of a conditional use for a Preliminary and Final Planned Unit Development at 990-
1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand
Road, Case No. PZ-16-26, subject to the conditions listed in the staff report.
C. Action at the discretion of the Planning and Zoning Commission.
Staff Recommendation
A. Approval of a Preliminary and Final Plat of Subdivision titled ""Mount Prospect Plaza".
B. Approval of a conditional use for a Preliminary and Final Planned Unit Development at 990-
1145 Mt. Prospect Plaza, 940-950 E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand
Road, Case No. PZ-16-26, subject to the conditions listed in the staff report.
Attachments
1. PZ-16-26 Staff Report
2. PZ-16-26 Administrative Content Redacted
3. PZ-16-26 Updated Final Plat
4. PZ-16-26 Updated PUD Site Plan
5. PZ-16-26 Landscape Plans
6. PZ-16-26 Cross Parking and Access Easement Request Letter
7. PZ-16-26 Doc No. 90474272 - Easements and CC&Rs - Walmart
8. PZ-16-26 Doc. No. 1719439138 - REA - Walgreens Parcel
Page 51 of 202
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 Ann Choi
Director of Community Development Senior Development Planner
DATE: October 1, 2026
CASE NUMBER
PZ-16-26
PUBLIC HEARING DATE
October 8, 2026
BRIEF SUMMARY OF REQUEST
APPLICANT/PROPERTY OWNER
LBX Mount Prospect TH LLC
PROPERTY ADDRESS/LOCATION
990-1145 Mt. Prospect Pz, 940-950 E. Rand
Rd, 1200-1220 E. Central Rd, 802 E. Rand Rd
The Petitioner, LBX Mount Prospect TH LLC, is requesting a Preliminary and Final Planned Unit
Development (PUD) with certain exceptions and a Preliminary and Final Plat of Subdivision for the
property commonly known as Mount Prospect Plaza located at 990-1145 Mt. Prospect Plaza, 940-950
E. Rand Road, 1200-1220 E. Central Road, and 802 E Rand Road (Subject Property). The Petitioner
proposes to resubdivide the shopping center to establish separate lots of record for the existing and
proposed outlot buildings, including a new outlot intended for a potential drive -through -only coffee
shop. Conditional use approval is required for the Preliminary and Final PUD to allow multiple
principal structures on the Subject Property, while the Preliminary and Final Plat of Subdivision is
required to legally establish the proposed lots. Staff finds that the requests satisfy the applicable
requirements and standards of the Village Code and is supportive of the proposed PUD and
subdivision.
2026 Aerial Image
2026 Village of Mount Prospect Zoning Map
EXISTING
EXISTING LAND USE/
SURROUNDING ZONING & LAND USE SIZE OF
ZONING
SITE IMPROVEMENTS
North: R-4* PUD and B-3 Community PROPERTY
B-3 Community
Existing shopping including
Shopping 26.602 acres
Shopping
four (4) outlot buildings
East: R-1 Single -Family Residential
South: B-3 Community Shopping, B-4
Corridor Commercial and Des Plaines
West: B-4 Corridor Commercial
STAFF RECOMMENDATION APPROVE
APPROVE WITH
CONDITIONS
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx
DENY
Page 52 of 202
BACKGROUND / PROPERTY HISTORY
The Subject Property was annexed into the Village in 1958 and is located on the north side of Central
Road, just east of Mt. Prospect Road, and is zoned B-3 Community Shopping District. The Subject
Property consists of a shopping center and four (4) outlot buildings. It is bordered by B-3 Community
Shopping District and R-4Multi-Family Residence District and Planned Unit Development to the
north, B-3 Community Shopping District to the west, R-1 Single -Family Residence District to the east,
and B-4 Corridor Commercial District, B-3 Community Shopping District and the City of Des Plaines to
the south.
The following approvals were granted by the Village which allowed development of the shopping
center over the years:
• Ordinance No.6756, approved on November6, 2024,granted a conditional use permit for the
use of four drive -through lanes (Lakeside Bank).
• Ordinance No. 6655, approved on December 20, 2022, granted a conditional use permit for a
massage therapy establishment (Massage Envy).
• Ordinance No. 6254, approved on June 21, 2016, extended the provisions of Ordinance No.
6148 through July 15, 2017.
• Ordinance No. 6205, approved on July 7, 2015, extended the provisions of Ordinance No. 6148
through July 15, 2016.
• Resolution No. R-05-15, approved on May 28, 2015, granted a variation to allow window
signage of 79 square feet and 171 square feet (Ross Dress for Less).
• Ordinance No. 6148, approved on July 15, 2014,granted a conditional use permit fora new
planned unit development, two new outlot buildings, a conditional use permit for a drive
through establishment and a variation to allow overall lot coverage of 86%.
• Ordinance No. 5820, approved on November 16, 2010, granted a conditional use permit for a
new bank building with a drive -through (Chase Bank).
• Ordinance No.5246, approved on April16, 2002,granted a conditional use permit to allow an
itinerant veterinary clinic.
• Resolution No. R-27SR-01, approved on September 27, 2001, granted a variation to allow a
276.94 square foot wall sign (Sears).
In July 2014, the Village Board approved Ordinance No. 6148, granting conditional use approval for a
final planned unit development encompassing the properties at 990-1145 Mt. Prospect Plaza, 940-
950 E. Rand Road, and 1200-1220 E. Central Road. The approval included two new outlot buildings, a
conditional use for a drive -through establishment, and a variation to permit an overall lot coverage of
86%. The approvals were subsequently extended twice, first through Ordinance No. 6205, approved
on July 7, 2015, and again through Ordinance No. 6254, approved on June 21, 2016. However, the
proposed development did not proceed and building permits were never issued for the approved
outlot buildings; therefore, the approvals ultimately lapsed and became null and void prior to the
Petitioner acquiring the Plaza in July 2022.
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Page 53 of 202
PROPOSAL
The Petitioner proposes to subdivide the shopping center and create a new lot for a future outlot
building at Mount Prospect Plaza. Per the attached PUD site plan, the new outlot would be located
near the intersection Rand and Central Roads between the multi -tenant building containing Panda
Express to the east and Lakeside Bank to the west.
Final Plat of Subdivision: The Subject Property consists of one parcel with multiple tax parcel
identification numbers (PINs) that have not all been legally subdivided into individual lots of record.
Four PIN numbers exist for the shopping center as provided in the table below.
Table 1: Existing Parcel Identification Numbers
Business Name
Address
PIN
Taxpayer
Mount Prospect
990-1145 Mt Prospect
03-35-301-058-0000
LBX Mount Prospect TH LLC, A
Plaza Shopping
Plaza, 940-950 E Rand Rd,
Delaware Limited Liability Co.
Center
and 1200-1220 E Central Rd
Parking lot
940 E Rand Rd
03-35-302-014-0000
LBX Mount Prospect TH LLC, A
shared with
Delaware Limited Liability Co.
Walmart
U.S. Bank
940 E Rand Rd
03-35-302-015-0000,
LBX Mount Prospect TH LLC, A
03-35-301-055-0000
Delaware Limited Liability Co.
Lakeside Bank
950 E Rand Rd
03-35-301-056-0000
LBX Mount Prospect TH LLC, A
Delaware Limited Liability Co.
The proposed final plat of subdivision would legally subdivide the Subject Property into separate lots
of record, with each freestanding building located on its own lot.
Table 2: New Lots and Associated Areas
Name of Business
Address
Lot No.
Lot Area
Shopping center (more
990-1145 Mt. Prospect Plz
Lot 1 A
110049732 SF or
than 150,000 SF)
23.065 AC +/-
Freestanding stores and
1200-1220 E Central Rd
Lot 1 B
63,883 SF or
shopping centers (up to
1.467AC+/-
30,000 square feet)
Future Tenant
990 E Rand Rd
Lot 1 C
279009 SF or
0.620 AC +/-
Lakeside Bank
950 E Rand Rd
Lot 1 D
31,198 SF or
0.716 AC +/-
U.S. Bank
940 E Rand Rd
Lot 1 E
31,986 SF or
0.734 AC +/-
Site Plan: The proposed PUD and subdivision would create a new outlot, Lot 1 D, from an existing tax -
divided parcel currently occupied by Lakeside Bank. The existing bank building complies with the
applicable building setbacks except for the required rear yard setback. The B-3 District requires a
minimum rear yard setback of twenty feet (20.0'); however, the existing bank building is located
approximately fifteen and seventy-six hundredths feet (15.76') from the proposed rear lot line.
Accordingly, the Petitioner is requesting relief to recognize the existing condition and reduce the
minimum required rear yard setback from twenty feet (20.0') to fifteen and seventy-six hundredths
feet (15.76') for the existing bank building on proposed Lot 1 D.
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Page 54 of 202
The PUD Site Plan also identifies proposed Lot 1 C along the southern portion of the shopping center
adjacent to Rand Road, which is intended to accommodate a future drive -through -only coffee shop
with an anticipated address of 990 East Rand Road. The overall lot coverage for the PUD is
approximately eighty-seven percent (87%), exceeding the maximum permitted lot coverage of
seventy-five percent (75%) in the B-3 District. As part of the PUD approval, the Petitioner is requesting
relief to recognize the existing developed condition and permit an overall lot coverage of eighty-seven
percent (87%). The specific exceptions pertaining to lot coverage and setbacks requested areas
follows:
A. An exception from Section 14.1704.Ato allow a reduction in the minimum required rearyard
setback from twenty feet (20.0') to sixteen and seventy-six hundredths feet (15.76') for the
existing bank building on proposed Lot 1 D.
B. An exception from Section 14.1704.0 to increase the maximum lot coverage from seventy-five
percent (75%) to eighty-seven percent (87%); and
Parking: The parking requirement for shopping centers that are more than 150,000 square feet in
gross floor area is four (4) spaces per one thousand (1,000) square feet of gross floor area. The parking
requirement for freestanding stores and shopping centers (up to 30,000 square feet) is the same but
restaurants as tenants require separate parking calculations. Restaurants without a bar require
twelve (12) spaces per one thousand (1,000) square feet of gross floor area. The PUD site plan
indicates the development will provide one thousand three hundred twenty-four (1,324) parking
spaces, including thirty-seven (37) accessible parking spaces. The parking provided will exceed the
number of required parking spaces by one hundred ninety-eight (198) parking spaces.
Table 2: Parking Analysis
Name of Business
or Use
Address
Gross
Floor
Area (SF)
of
Buildings
Parking Ratio
(No. of spaces per
1,000 SF of GFA)
Total Spaces
Required
U.S. Bank
940 E Rand Rd
39400
3 /1,000 plus 4
stacking spaces for
each window
10.2
Lakeside Bank
950 E Rand Rd
4,300
13
Panda Express
1200 E Central Rd
29200
12/1000
26.4
Rush Physical
Therapy
1210 E Central Rd
19658
4/1000
6.6
Massage Envy
1212 E Central Rd A
29482
4/1000
9.9
Tru Bowl
1212 E Central Rd B
19221
12/1000
14.6
El Famous Burrito
1214 E Central Rd
19400
12/1000
16.8
Great Clips
1216 E Central Rd
19200
4/1000
4.8
Jimmy John's
1220 E Central Rd
1,200
12/1000
14.4
Shopping center
(more than 150,000
SF)
990-1145 Mt.
Prospect Plz
213,360
4 spaces/1,000 SF
853.4
Future tenant
990 E. Rand Rd
19240
12 spaces/1,000 SF
14.9
Total Spaces Required
19126
Total Spaces Provided
19324
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Page 55 of 202
Cross Access and Cross Parking Easements: The Petitioner requested that the proposed plat of
subdivision be allowed to proceed without adding additional cross -parking and cross -access
easement language, noting that reciprocal parking and access rights are already established through
existing recorded agreements, including the Walmart Covenants, Conditions and Restrictions (CCRs)
and the Reciprocal Easement Agreement (REA) with Walgreens. These agreements provide ongoing
vehicular and pedestrian access and shared parking rights throughout the shopping center and
adjacent properties and are binding on future owners and tenants. Staff has determined that the
existing agreements adequately address cross -access and cross -parking and will allow the existing
arrangements to remain without requiring additional easement language on the plat, subject to the
continued maintenance of such rights through the applicable recorded CCRs and/or REAs.
Landscaping: The attached landscape plan illustrate the proposed plantings for the development.
The Petitioner proposes to add approximately48 new deciduous and ornamental trees, 189 new
deciduous shrubs, 143 new evergreen shrubs and 74 perennials and groundcover plantings. The
Petitioner evaluated the possibility of additional landscaped parking lot islands to more closely align
with current code requirements but determined it was not feasible for the Subject Property. The
Petitioner has stated that improving the shopping center with additional landscape islands would
reduce existing parking counts and would impact underlying cross -parking agreements for tenants
within the shopping center and between ownership and neighboring commercial property owners. As
part of the planned unit development request, the Petitioner is requesting the following relief from the
Landscape requirements:
C. An exception from Section 14.2306.B.1 to reduce the perimeter landscaping requirement along
North Westgate Road at the southeast corner of the Subject Property from 589 linear feet to
138 linear feet;
D. An exception from Section 14.2306.B.1 to reduce the number of required shade trees from
twelve (12) to three (3);
E. An exception from Section 14.2306.A.1 to reduce the number of required landscape islands to
those currently existing on the Subject Property;
F. An exception from Section 14.2306.A.2 to reduce the number of required landscape island
shade trees from two hundred fifty-one (251) trees to one hundred fourteen (114) trees;
G. An exception from Section 14.2306.B.2 to reduce the number of required shade trees and
shrubs along Rand Road to zero; and
H. An exception from Section 14.2307 to reduce required foundation landscape area to existing
conditions.
Lighting and Signage: The Petitioner is not proposing changes to the exterior lighting or signage of the
existing buildings. Any future exterior lighting or signs for the new outlot building will be subject to
compliance with the Village's regulations prior to issuance of a building permit.
ADDITIONAL STAFF COMMENTS
The proposed PUD and Final Plat of Subdivision were reviewed by the Village's Planning Division,
Public Works Department, Legal Counsel, Building Department, and Fire Department. Planning
comments primarily relate to the Final Plat and PUD site plan, including identification of all properties
and parties associated with the Plaza, and clarification of required building setbacks for the proposed
Lots. Public Works had no comments regarding the PUD site plan but requested several revisions to
the Final Plat, including consistency between the Lot 1 C boundaries shown on the plat and site plans
and revisions to required certificates and signatures. The review comments are attached as Exhibit E,
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx
Page 56 of 202
and all outstanding items shall be addressed as part of the final plan and plat approval process.
LONG-RANGE PLANNING
The Future Land Use Map in the Village's 2017 Comprehensive Plan designates the Subject Property
as"Community Commercial". Primary uses within this category include large format retail,
restaurants, and other commercial uses, including all auto oriented uses. Secondary uses include
medical, entertainment, hotel, and office uses, high -density residential, as well as plazas, squares,
parks, and other gathering spaces. The "Corridor Commercial" land use designation is appropriate for
a wide range of uses and developments ranging from big box retail to smaller outlot buildings. The
proposed PUD would be consistent with this designation and is appropriate for the area.
PUBLIC COMMENT
As of this writing, staff has not received public comment on the proposal.
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 proposal meets the applicable standards contained in the Mount Prospect Zoning
Ordinance. Staff requests that the Planning and Zoning Commission make motion to adoptstaff's
findings as the findings of the Planning and Zoning Commission and recommend approval of the
following motions:
1. "A Preliminary and Final Plat of Subdivision titled "Mount Prospect Plaza" attached as Exhibit B;
2. A conditional use for a Preliminary and Final Planned Unit Development, subject to the following
conditions:
a. Development of the site in substantial conformance with the approved development plans
which consist of the following:
i. "PUD Site Plan", consisting of one (1) sheet, prepared by Blew Surveying and dated
08/19/2026, attached as Exhibit C; and
ii. "Landscape Plan", consisting of thirteen (13) sheets, prepared by Kimley-Horn and
bearing the latest revision date of 07/10/2026, excerpts of which are attached as
Exhibit D.
b. Cross -parking and cross -access rights for all lots within the PUD shall be maintained
pursuant to the Easement with Covenants, Conditions and Restrictions Affecting Land
recorded as Document No. 90474272 ("WaLmart CCRs") and the Reciprocal Easement
Agreement recorded as Document No. 17194391138 ("REA"), as applicable. Such rights
shall remain in effect for the duration of the PUD and shall not be terminated, amended, or
otherwise modified in a manner that would result in noncompliance with the approved
PUD or eliminate required cross -parking or cross -access among the lots within the PUD
subdivision.
c. Outlot Development Schedule. For purposes of Section 14.504(F) of the Village Code, no
specific construction schedule shall apply to the newly created outlot, as no specific
development or construction project for the outlot is approved as part of this Planned Unit
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Page 57 of 202
Development. The establishment and recording of the Final Plat of Subdivision and Final
Planned Unit Development shall constitute implementation of the Planned Unit
Development. The absence of construction upon the outlot shall not, standing alone,
constitute grounds for revocation of the Planned Unit Development pursuant to Section
14.504(F). Any future development of the outlot shall remain subject to all applicable
Village approvals and regulations in effect at the time of development.
d. Future Development of Outlot. Future development of the newly created outlot shall be
considered a minor amendment to the Planned Unit Development, subject to review and
approval by the Director of Community Development, provided that the proposed
development is generally consistent with the approved Planned Unit Development and
utilizes architecture, building materials, colors, massing, landscaping, and site design that
are complementary to and compatible with the shopping center. Approval as a minor
amendment shall not waive or supersede any otherwise applicable requirement for
conditional use approval, variation, or other zoning relief under the Village Code. Any use
requiring conditional use approval shall remain subject to the applicable public hearing
and Village Board approval requirements.
e. Except for the relief granted by the planned unit development, compliance with all
applicable development, fire, building, and other Village Codes and regulations is required.
The Village Board's decision is final for this case.
ATTACHMENTS: ADMINISTRATIVE CONTENT PLANS OTHER
(Supplemental Information,
(Zoning Request Application, (Plat of Survey, Site Plan, etc.) Public Comments Received,
Responses to Standards, etc...) etc...)
1 concur:
aj
Jason C Shallcross "A1 P, CEcD
Director of Community Development
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Page 58 of 202
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 approval of the PUD would formalize the existing Mount
Prospect Plaza, which has operated for more than twenty years, and help ensure its orderly maintenance
and future development. According to the Petitioner, the PUD would not adversely affect public health,
safety, or welfare; surrounding properties or property values; or the normal and orderly development of
the surrounding area. Rather, approval would allow future development within the Plaza to proceed in a
cohesive manner. The Petitioner further states that adequate public utilities, access roads, drainage
facilities, and ingress and egress already exist to support the Plaza and accommodate its traffic. The
Petitioner also states that the PUD is consistent with the Village's Comprehensive Plan because both the
current and future land use plans designate the property for commercial use. Finally, the Petitioner
maintains that approval of the PUD will help ensure that the Plaza and future development within it
conform to the applicable regulations of the underlying zoning district.
Staff's Findings: Staff finds that the conditional use request for a Preliminary and Final PUD is consistent
with the Village's Comprehensive Plan and Future Land Use Plan, which designate the Subject Property
as "Corridor Commercial". The existing development provides adequate off-street parking and access,
and the proposed PUD is not anticipated to create unsafe or inconvenient access, contribute to traffic
congestion on surrounding streets, or place an excessive burden on public parks, recreational facilities,
schools, or other public facilities serving the development.
The Subject Property was originally developed as a shopping center in approximately 1961 and, due to its
age and existing development pattern, contains several conditions that do not conform to current Zoning
Code requirements, including lot coverage and certain site, perimeter, and foundation landscaping
requirements. The proposed PUD recognizes the existing conditions through the flexibility provided by
the PUD process, and facilitate the proposed resubdivision of the property into legally established lots of
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx
Page 59 of 202
record. Staff finds that the requested deviations are reasonable given the existing developed condition of
the property and would allow for its continued operation and future cohesive redevelopment.
Accordingly, Staff finds that the requested PUD and associated exceptions are in the public interest and
consistent with the purposes of the Zoning Ordinance and the goals and objectives of the
Comprehensive Plan.
GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS
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 states that the proposed PUD satisfies the applicable general
standards because, except for the modifications requested as part of the application, the Subject
Property complies with the regulations of the underlying zoning district and will continue to operate
substantially as it does today. According to the Petitioner, the Subject Property's mix of commercial and
retail uses is consistent with the Village's current and future land use plans, which contemplate
continued commercial use of the Subject Property. The Petitioner further maintains that approval of the
PUD is in the public interest because it will allow the Subject Property to continue serving Village
residents and surrounding communities while accommodating a new retail/service use on proposed
Outlot 1 C. Additionally, the Petitioner states that the Subject Property's three existing access points, two
along Rand Road and one along Central Avenue, provide adequate ingress and egress to accommodate
traffic generated by the development.
Staff's Findings: Staff finds that the existing shopping center is consistent with the "Corridor
Commercial" designation of the Comprehensive Plan and Future Land Use Plan, and the PUD will
formalize existing site conditions while allowing the property to function as a unified commercial
development. Through the PUD, existing deviations from current Zoning Code requirements will be
incorporated into the overall approval, providing greater clarity for the administration of the site and
future development. Staff finds that the proposal does not alter the shopping center's existing access
points or overall circulation pattern, and the existing access is adequate to serve the development
without creating unsafe conditions or additional congestion on surrounding roadways. Given that the
Subject Property is already established, the PUD is also not expected to create additional demands on
public parks, recreational facilities, schools, or other public facilities. Except as modified by and
approved in the final PUD plan, staff finds that the proposal is consistent with the intent of the PUD
regulations, the Zoning Ordinance, and the Village's long-range planning objectives.
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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 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.
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 planned unit development must be
set 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 states that the requested exceptions are in the public interest
because they would allow the Subject Property to continue operating substantially as it has for many
years while minimizing additional construction that could interfere with existing businesses and on -site
traffic circulation. The Petitioner maintains that the exceptions would not adversely affect the value or
use of surrounding properties and would promote better, more cohesive future development and
maintenance of the Subject Property by consolidating prior approvals and recognizing existing site
conditions.
The Petitioner further states that the Plaza complies with applicable perimeter setback and open -space
requirements and that the existing transitional yards adequately protect the privacy and enjoyment of
surrounding properties. Exceptions are requested to reduce perimeter landscaping along North
Westgate Road and the required number of parkway trees due to existing site improvements and
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physical constraints that limit available space for additional landscaping. According to the Petitioner, the
existing transitional yards would otherwise be maintained in their current condition.
Staff's Findings: Staff finds that the requested PUD and associated exceptions satisfy the applicable
standards for Planned Unit Developments with Other Exceptions. The Subject Property is an existing,
fully developed commercial shopping center, and the requested deviations are reasonable given the
established developed nature of the site. Approval of the PUD would formalize existing site conditions,
facilitate the resubdivision of the property into legally established lots of record, and establish a
framework for the continued operation and future development of the shopping center. Staff finds that
the exceptions would not adversely affect the use or value of surrounding properties, as the existing
buildings maintain the required perimeter setbacks and the applicable transitional yards and transitional
Landscape yards comply with the requirements of the underlying B-3 District.
As part of the PUD, the Petitioner is requesting an exception from the maximum lot coverage requirement
to recognize the existing developed condition of the shopping center. Staff finds that the requested
exception is appropriate in the context of the overall PUD and will not create additional adverse impacts
on surrounding properties. Overall, the PUD and associated exceptions appropriately recognize the
existing conditions of the Subject Property while providing greater clarity for its maintenance and future
development. Staff therefore finds that the requested exceptions are in the public interest and
consistent with the intent and purpose of the Zoning Ordinance.
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-16-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 11
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Exhibit B
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Exhibit B
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Exhibit C
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Exhibit D
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Exhibit D
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HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-1 6-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx
17
Page 68 of 202
Exhibit E
Village Review Letter
OiATOR
Paul Wm. Hoefert
TRUSTEES
Vincentl �Dant,e
Elizabeth B,. DiiPrima
MUM=
T'erri Gens
William A. Gross!
John J. Matuszak
Colleen E. Saccotelli
Villaove of Mount Prospect
U
50 S. Emerisori Sitreeit, �Mount Prospect, Illinois 600i56
Brendan Pennay
Meltzer,, Purtflt, & Stetle LLC
1450 American Lane, Suite 1900
Schaumburg, IL 60173
Via e-mait: b enny.@.m -p .ataw.,.clorn ................ ....... . ...........
�1 mi 11 L"i a n[A WMar-i
VILLAGE CLERK
Karen Agoranos
P,honie: S47/962,-6000
Fax: 1847/962-6022
wwmmountprospect,orig
Re: PZ-16-26 (PIZZ26-000015) / CU — Netimlinary & Nnat Pitanned Unlit Development and Finat
P'ta�t of Subd[vilsl*on / 9910 Mt Prospect Plia�z,ia / Revilew Comments #2
The Villagle of Mount Prospect has reviewed the submittal urn conditional, approval olf a pretiminary
and f in�at, planned unit deveLopment and a final ptat of subdivision for the Mount Prospect �PLaza
sh�olpiping center at 990 Mt Prospect PLaza (Subject Property), and': below are the following rev,iew
comments, from applicable departments.:
2,. Include, a note u:nder Siit�e Information that the foLlowing add�ress,es are, part ' of the Mount
Prospect Plazia: 9901�1 14,5 Mit Prospect Pilaza,, 91401 E Riand Rd�, 9510 E Rand Rd,, 990 E Rand
Rd 1 1 200�1 220 �E Ce ntria L Rd. (The Village h as, Issued bu s I nessi Li cen�seis u Inde ri th es,e
addresses.)
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-1 6-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 18
Page 69 of 202
Exhibit E
Village Review Letter
muzfm��M= 101M
3. Add the name and address of the owner of record (Li Mount P,roe pectTH LLC)..
OWINER OF RECORD:
LBX Mount Prospect TAN LLC
1427MAY SON ST'NIE
ATLANTA, 3i032903
Please confirm that, the above information is correct.
4. Add the namie and address of the applicant (MIettzer, PurtilL & Stette Ll-C).
APPLICAIN'T-.
MELTZER, PURTILL & STLLE LLC
14510 AMERICAN ILAIN E, SUITE 1900
SiCHAUMB,URG, IL 60173
Please confirm thiapt the a�bove information is correct.
51. The PUD, site plan shalt provide building" setbacks for the following'.
al. The setback for ILot 1A along North Westgate Road is 30feet (not 101') as this is a corner
Lot.
b. Lot 1 A is, missing the interior sideyard setback a l,ongthe east property Line of Lot 1 Bi-
c. Lot 1 A is missing the interior s,ide yard setback along', the north property lines of Lots
1 B,, Lot 1 C, Lot, 1 D and Lot 1 E-
d. Lot 1 A is missing the Interior side yard setback along the west property line of' Loit
e. Lot 1 B, Lot 11 �D a n�d Lot 1 E a rie m issi ng thlei r i nter! or si d e a nd rea r ya rd setbac I(s.,
I i
Publ*ci Woirl<s Department:
PW ha�s reviewed the revised PUD Site Plan & Plat of Subdivision submitted for the Dutch Brothers
Coffee site proposed at 1000 M�oun�t Prospect Pla�za:. We have no comments, regardingthe PUD
Site Plan, except as noted in the comments regarding the Plat of Subdivision below-.
6. The piroposeid property b0iUndariesfor Lot 1C shown on the plat �must to those shown
on the site plans. The response frorn Meltzer,, PlurtiLL 1& S,tett,e, ILL C notes, that the, site plans
wit[ be revised to conform to the revised.
7. Delete the certificate for the Cook Count y Department of Transportation and Highways.
8. Delete the Drainage Certificate, if possible. If th` is certificate is necessary, have the
"'Owner's Engineer" sign instead of' the Village IL leer
9. The surveyor must s,ign &seal the plat.,
Legal, Divisimn:
Finat Plat of Subidivis,ion
10. Under the Cook County Dept of Transportation alnd Highways Cert, there is an:: erroir.-
"...HOWEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK
COUNTY DEPARTMENT OF TRANSPORTATION AND HIGHWAYS IS REQUIRED BY THE OWNE
OF TH E PROPERTY FOR THIS ADiD�RESS. !11 1
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-1 6-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 19
Page 70 of 202
Exhibit E
Village Review Letter
" ... HOWEVER, A HIGHWAY PERMIT, CONFORMING TO THE STANDARDS OF THE COOK
COUNTY DEPARTMENT OF TRANSPORTATION AND HIGHWAYS IS REQUIRED BY THE OWNER
OFTHE PROPERTY FOR THIS ACCESS.1)
11. My previous comment requested that the old parcel descriptions be included, and to have
the new Lots described:
"The Plat should include both the current Legal description(s) of the existing parcels and th"
Legal, descriptions of the I�,Ltll
de
Under "LEGAL DESCRIPTION," the Legal comprises the entire area made u�p by the 5 new
e Lots,
but thnew lots are not described individually. To avoid confusion at the County that new Lots
are to be created, rather than having aLL of the previous PINs consolidated, it may be best to
describe each new Lot individually or, reference the five new lots andtheir depiction on page 2
of the plat.
ee
Bepartment:
comments.
Fire Department:
13. N�o comment]
If any changes are requ�ested, please make the changes as noted above and submit a poilnt-
by-point response Letter and pdf f iles of the drawins. Please uploe ad revisions into th gportal.
Feet freeto contact Ann Choi at (847) 818-5314 /'achoi@mountprospect.org if you have any
questions.
1�,', La
Jason Shat[cross, AICP, CEcD
Director, of Community & Economic Development
c: Fi Le Village of Mount Prospect
HAPLAN\Planning & Zoning COMM\P&Z 2026\Staff Reports\PZ-1 6-26 990 Mt Prospect Pz (CU - Final PUD, Final Plat).docx 20
Page 71 of 202
Village of Mount, Prospect
Community Development Department
Em�ierson, Street
Pr Mount ospect, Illinois 6,0056
P h o ne: (847) 818532 8
Zoming �Reliq�luest,Ap�p�l��l'�cat,ion,
Officibi Usie Only (T6 be completed� by, Village Staff)
10,/8126 Case Nurnber:� �PZZ26-00,0015 (PZ,11-111 626) �Dateof Submission: 06105/2,026 Hearing Date.:
Development andi R'nal Plat of Project Mame/Address: PZ-16-26:: 990 Mt Prospect Pz-,. Preliminary and Final Planned Unit
1
Subdivision
I., Subject Property
990-1145 Mt. Pro pect, PZ, 9410-19,50 E. Rand Rd, 12001-1220 E. Central Rd', 802 E Rrand Rd
990 A,- dress(es). _PLZ ITit Prospct
Zoning District(s) 133 Property Area (SqFt and/or Acreage),-! 151
Parcel Index (PIN(s)�: 03-1315301-058-0000 03-3115-3021"701411-00001T 03-35-301-056-0000,P 03-35-301-05
and 03-35-302-015-0000 1
Conditional Use:1, For Planned Unit Devell oment
Variation(s):To
Zoning Map,Arnendment: Rezone From TO
Zoning Text Amendmen t: Section(s)
Other: Preliminary & Final Plat of Subdivisio,n
AL
1111. Summary oll"Proposal (use separate sheet, if necessary)
We and a Final Plat are requesting approval of a, New Planned Unit Development for "the Mount Prospect, Plaza, with exceptionsl
of Su bd ivisi o n piu risuant, to the encl osed att,ach me nts.,
M-1 a SM' LMM
Namile: Brendan Penny Corporation: Meltzer, Purfill & Stelle LLC
Address:,
C Statel, ZIP Code: Phone-, Emafl[:
Interest in Property:
VA, 9, @ =M '
Check if Sam,eas, Applicant
Name: LB.X Mount Prospect "TH LLC, A Corporation:
Delaware Limited Liability Co.
Address: 3,162 Johnson Ferry Road Suite 21,1601-221"1
Phone:Email:
Page 72 of 202
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: [ZoningPermit:::9724:::79799 WIDTH=OPX HEIGHT=OPX] Date:
(Print or Type Name) Brendan Penny
If applicant is not property owner:
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:
Page 73 of 202
Village of Mount Prospect
Community Development Department
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone; (847) 818-5328
Affidavit of ownership
COUNTY OF COOK
STATE OFILLINOIS
I, a /. lit Q� ,under oath, state that I am
(print name)
❑the sole owner of the property
�an owner of the property
an authorized officer for the owner of the property
commonly described 940-1100 E. Rand Road Mount Prospect Plaza
(property address and PIN) PIN& 03-35-301-055-0000; 03-35-301-056-0000; 03-35-301-058-0000;
and that such property is owned by LBX Mount Prospect TH L.L.0 as of this date.
(print name)
Signature
Subscribed and sworn to before
me this J Ty day of
202.
RYAN A. KtM
Notary Publfc - Calfforft
_ - Los Angves County
COMMi sfon # 2462159
Notary Public My COM Expires seP�
5 2027
Page 74 of 202
Irk Village of Mount Prospect
Community Development Department
50 S. Emerson Street
Mount Prospect, Illinois 60056
Phone: (847) 818-5328
P:ropecty Owner
EZ Check if Same as Applicant
Name: LBX Mount Prospect TH LLC Corporation:
Address:
City, State, ZIP Code: Atia
Phone:
Email:
In consideration of the information contained in this petition as well as all supporting
documentation, it is requested that approval be given to this request. The applicant is the owner or
authorized representative of the owner of the property. The petitioner and the owner of the property
grant employees of the Village of Mount Prospect and their agent's permission to enter on the
property during reasonable hours for visual inspection of the subject property.
I hereby affirm that all information provided herein and in all materials submitted in association
with this application are true and accurate to the best of my knowledge.
Applicant: 110&Date: A/rl2e
(Signature)
P4 OL4
(Print or Type Name)
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: Date!
(Signature)
ek i /I � O/Oj<
(Print or Type Name)
Page 75 of 202
Am
rY Pirst'amlerican
Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in
Commitment Condition 5.e.:
Issuing Agent: First American Title Insurance Company National Commercial Services
Issuing Office: 950 Main Avenue, Ste 450, Cleveland, OH 44113
Issuing Office's ALTA@ Registry ID: 1005190
Commitment Number: NCS-1274823-CLE
Issuing Office File Number: NCS-1274823-CLE
Property Address: Mount Prospect Plaza, Mount Prospect, IL 60056
Revision Number:
Customer Reference: LBX Investments
Title Inquiries to: Steve Vogt svogt@firstam.com
Escrow Inquiries to: Becky Groetsch rgroetsch@firstam.com
SCHEDULE A
1. Commitment Date: August 19, 2025
2. Policy to be issued:
a. ALTA@ Standard Loan Policy
Proposed Insured: To Be Furnished
Proposed Amount of Insurance:
The estate or interest to be insured: See Item 3 below
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple as to Parcel 1; Easement as to Parcels 2 and 3
4. The Title is, at the Commitment Date, vested in:
LBX Mount Prospect TH LLC, a Delaware limited liability company
5. The Land is described as follows:
Parcel 1:
Lot 1 (excepting therefrom those parts thereof taken for the Department of Transportation of the
State of Illinois by Condemnation registered as document number LR3201616, and also excepting
therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document
Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest Quarter of
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 1 of 24
Page 76 of 202
Am
rY Pirst'amlerican
Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, according to the plat
thereof registered in the Office of the Registrar of Titles of Cook County, Illinois on July 16, 1979 as
Document Number LR3104778;
Also excepting therefrom that part of Lot 1 in PLAZA SUBDIVISION aforesaid described as follows:
Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds
East along the Southwesterly line of said Lot 1, being also the Northwesterly right-of-way line of
Rand road -as dedicated by Document number LR3104778, a distance of 296.41 (record 297.66) feet
to a point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential
curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet;
thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of
CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document
Number LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of
CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA
SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35
(record 832.55) feet to the Point of Beginning;
Also excepting therefrom:
Part of Lot 11 PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North,
Range 11 East, East of the Third Principal Meridian, City of Mount prospect, Cook County, Illinois,
being more particularly described as:
Commencing at the intersection of the West Line of West Gate Road and the North line of East
Central Road, thence along said West line, North 617.80 feet to the Point of Beginning; thence N 89
degrees 58 minutes 31 seconds West, 294.97 feet; thence North 26 degrees 41 minutes 42 seconds
East, 135.60 feet; thence North 63 degrees 15 minutes 52 seconds West, 389.30 feet; thence North
00 degrees 01 minutes 21 seconds East, 250.91 feet to the South line of Centennial Drive; thence
along said South line the following four courses and distances: 1) North 89 Degrees 39 minutes 43
seconds East, 416.97 feet to a point of curvature; 2) 16.23 feet along the arc of a curve to the right,
said curve having a radius of 40.00 feet, a central angle of 23 degrees 14 minutes 20 seconds, and a
chord that bears South 78 degrees 43 minutes 34 seconds East, 16.11 feet; 3) South 67 degrees 05
minutes 57 seconds East, 135.16 feet; and 4) S 89 degrees 26 minutes 43 seconds East, 24.37 feet
to the West line of West Gate Road; thence along said West line, South 493.79 feet to the Point of
Beginning.
Parcel 1 above also more particularly described, by metes and bounds, as follows:
Part of Lot 1, PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North,
Range 11 East of the Third Principal Meridian, City of Mount Prospect, Cook County, Illinois being
more particularly described as follows: Beginning at the Northwest Corner of West Gate Road and
East Central Road; thence North 89 degrees 37 minutes 28 seconds West, 813.32 feet; thence North
56 Degrees 54 minutes 28 seconds West, 419.41 feet; thence North 33 degrees 05 minutes 32
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 2 of 24
Page 77 of 202
Am
rY Pirst'amlerican
Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
seconds East, 35.00 feet; thence North 56 degrees 54 minutes 28 seconds West, 120.0 feet; thence
South 33 degrees 05 minutes 32 seconds West, 35.00 feet; thence North 56 Degrees 54 minutes 28
seconds West, 38.52 feet; thence along the arc of a curve to the right having a radius of 2,072.46
feet and along a chord subtended bearing of North 53 degrees 26 minutes 08 seconds West, 252.15
feet; thence North 20 degrees 57 minutes 12 seconds East, 615.30 feet; thence South 89 degrees 37
minutes 28 seconds East, 698.30 feet; thence North 00 degrees 01 minute 21 seconds East, 123.99
feet; thence North 89 Degrees 39 minutes 43 seconds East, 416.97 feet; thence along the arc of a
curve to the right having a radius of 40.00 feet and a long chord subtended bearing of South 78
degrees 43 minutes 34 seconds East, 16.11 feet; thence South 67 degrees 05 minutes 57 seconds
East, 235.16 feet; thence South 89 degrees 26 minutes 43 seconds East, 24.37 feet; thence South 00
degrees 00 minutes 00 seconds West, 1,111.59 feet to the Point of Beginning.
Less and except:
Part of Lot 11, PLAZA SUBDIVISION, in the Southwest Quarter of Section 35, Township 42 North,
Range 11 East, East of the Third Principal Meridian, City of Mount Prospect, Cook County, Illinois,
being more particularly described as:
Commencing at the intersection of the West Line of West Gate Road and the North line of East
Central Road, thence along said West line, North 617.80 feet to the Point of Beginning; thence N 89
degrees 58 minutes 31 seconds West, 294.97 feet; thence North 26 degrees 41 minutes 42 seconds
East, 135.60 feet; thence North 63 degrees 15 minutes 52 seconds West, 389.30 feet; thence North
00 degrees 01 minutes 21 seconds East, 250.91 feet to the South line of Centennial Drive; thence
along said South line the following four courses and distances: 1) North 89 Degrees 39 minutes 43
seconds East, 416.97 feet to a point of curvature; 2) 16.23 feet along the arc of a curve to the right,
said curve having a radius of 40.00 feet, a central angle of 23 degrees 14 minutes 20 seconds, and a
chord that bears South 78 degrees 43 minutes 34 seconds East, 16.11 feet; 3) South 67 degrees 05
minutes 57 seconds East, 135.16 feet; and 4) S 89 degrees 26 minutes 43 seconds East, 24.37 feet
to the West line of West Gate Road; thence along said West line, South 493.79 feet to the Point of
Beginning.
Further excepting therefrom that portion deeded to the Village of Mount Prospect, a Municipal
Corporation for public road purposes by Warranty Deed recorded May 26, 2022 as Document No.
2214619024.
Parcel 2:
Non-exclusive easement for the benefit of Parcel 1 for ingress and egress, parking of motor vehicles,
loading and unloading of commercial and other vehicles, and for the use of roadways, walkways, and
facilities installed for the comfort and convenience of customers, invitees, licensees, tenants and
employees of all businesses and occupants of the improvements as granted by Easements with
Covenants, Conditions and Restrictions affecting land dated September 28, 1990 by and between
Mount Prospect Plaza Limited partnership, an Illinois Limited partnership, and Wal-Mart Stores, Inc.,
a Delaware corporation recorded in the Office of the Recorder of Deeds of Cook County, Illinois on
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 3 of 24
Page 78 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
September 28, 1990 as document Number 90474272, over and across those portions of the following
described "Wal-Mart Parcel" as defined therein designated as parking areas:
That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of
Transportation by Condemnation Registered as Document Number LR3201616, and also excepting
therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document
Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest 1/4 of
Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat
thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979 as
Document Number LR3104778 described as follows:
Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds
East along the Southwesterly line of said Lot 1, being also the Northeasterly right-of-way line of Rand
road as dedicated by Document Number 3104778, a distance of 296.41 (record 297.66) feet to a
point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential
curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet,
thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of
CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document
LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of
CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA
SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35
(record 832.55) feet to the Point of Beginning).
Parcel 3:
Non-exclusive easement for the benefit of Parcel 1 for installation, maintenance, repair and
replacement of all subsurface lines and conduits for watermains, sanitary sewer lines, storm sewers
and related accessory facilities together with all surface storm water detention areas, including, but
not limited to, retention ponds existing or to be constructed, as granted by Easements with
Covenants, Conditions and Restrictions affecting land dated September 28, 1990 by and between
Mount Prospect Plaza limited partnership, an Illinois limited partnership, and Wal-Mart Stores, Inc., a
Delaware corporation, recorded in the Office of the Recorder of Deeds of Cook County, Illinois on
September 28, 1990 as document number 90474272, over, across and under those portions of the
following described "Wal-Mart Parcel", as defined therein designated as utility easement area
described on exhibit "E" thereto:
That part of Lot 1 (excepting therefrom those parts thereof taken for the Department of
Transportation by Condemnation Registered as Document Number LR3201616, and also excepting
therefrom that part thereof taken for CENTENNIAL SUBDIVISION by plat registered as Document
Number LR3202476) in PLAZA SUBDIVISION, being a subdivision of part of the Southwest 1/4 of
Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat
thereof registered in the Office of the Registrar of Titles of Cook County, Illinois, on July 16, 1979 as
Document Number LR3104778 described as follows:
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 4 of 24
Page 79 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
Beginning at the Northwest corner of said Lot 1; thence South 29 Degrees 46 minutes 10 seconds
East along the Southwesterly line of said Lot 1, being also the Northeasterly right-of-way line of Rand
Road as dedicated by Document Number 3104778, a distance of 296.41 (record 297.66) feet to a
point of curvature; thence continuing Southeasterly along said Southwesterly line on a tangential
curve, concave to the Northeast, having a radius of 2,072.46 feet, for an arc distance of 730 feet,
thence North 20 degrees 56 minutes 31 seconds East, 615.26 feet to the Southwest corner of
CENTENNIAL SUBDIVISION, according to the plat thereof registered February 11, 1981 as Document
LR3202476; thence North 00 degrees 00 minutes 30 seconds East along the West line of
CENTENNIAL SUBDIVISION aforesaid, 234.66 feet to a point on the North line of said Lot 1 in PLAZA
SUBDIVISION; thence North 89 Degrees 39 minutes 13 seconds West along said North line, 832.35
(record 832.55) feet to the Point of Beginning.
THIS COMMITMENT IS VALID ONLY IF SCHEDULE B IS ATTACHED
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 5 of 24
Page 80 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
Commitment No. NCS-1274823-CLE
SCHEDULE 6, 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. The Land covered by this Commitment is subject to the Predatory Lending Database Program (765
ILCS 77/70 et seq.). Effective July 1, 2008, valid Certificates of Compliance or Exception Issued in
conformity with the act must be obtained at the time of closing in order to record any Mortgage. For
additional information, go to https://www.ilapld.com/. Effective July 1, 2010, the counties affected
are Cook, Will, Kane and Peoria.
6. The Land is located within Cook, DuPage, Grundy, Jackson, Kane, Kankakee, Lake, La Salle, Logan,
McDonough, McLean, Madison, Marion, Ogle, Peoria, Rock Island, Sangamon, Tazewell, Whiteside,
Winnebago or Woodford counties which use the MyDec system for the completion of the state and
county transfer tax forms. As of January 1, 2016, The City of Chicago Transfer Tax declaration must
be completed in the MyDec system. The form and instructions can be found
at https://mytax.illinois.gov/MyDec/_/.
Note: If the county is listed in MyDec, but the municipality is not, you may prepare your State and
County Declaration with this site. However, you must contact the municipality for their current
procedures and requirements.
7. Release of Mortgage dated August 18, 2022 and recorded August 24, 2022 as Document
2223610082, made by LBX Mount Prospect TH LLC, to Illinois Bank & Trust, an Illinois state
chartered bank, a subsidiary of Heartland Financial USA, Inc., its successors and assigns as
administrative agent, to secure an indebtedness in the amount of , not to exceed in
the amount of , and the terms and conditions thereof.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 6 of 24
Page 81 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
8. Release of Assignment of Rents made by LBX Mount Prospect TH LLC to Illinois Bank & Trust, an
Illinois state chartered bank, a subsidiary of Heartland Financial USA, Inc., its successors and assigns
as administrative agent recorded August 24, 2022 as document 2223610083.
9. Termination of Security interest of Illinois Bank & Trust as Administrative Agent, secured party, in
certain described chattels on the land, as disclosed by Financing Statement executed by LBX Mount
Prospect TH LLC, debtor, recorded on August 24, 2022 as document 2223610084.
10. The interest of Mount Prospect Plaza, shown as tax assessee should be explained. This commitment
is subject to such further exceptions, if any, as may be deemed necessary.
(Affects Pins: 03-35-301-055-0000, 03-35-301-056-0000 and 03-35-302-015-0000)
11. We should be furnished either (a) an affidavit from the owner indicating that there is no property
manager employed; or (b) a final lien waiver from the property manager acting on behalf of the
owner.
12. Note: Extended coverage will be considered for the loan policy upon review and acceptance of the
following:
A. A properly executed ALTA Extended Coverage Statement.
B. We should be informed whether the proceeds of the loan are to be used for financing new
improvements to the subject property. If new improvements are involved, we will require
customary contractors' statements, lien waivers and a current survey for any structural additions.
13. This Company must be provided with the following for LBX Mount Prospect TH LLC, a Delaware
limited liability company , for review, prior to closing:
1. Articles of Organization and all amendments thereto.
2. Operating Agreement authorizing the sale or encumbrance of the property described under
Schedule A hereof and setting forth the Entity authorized to act on behalf of said limited liability
company in this transaction.
3. Current Certificate of Good Standing for said limited liability company from the jurisdiction in
which the limited liability company is chartered and evidence of authority to conduct business in
the State of Illinois, if applicable.
4. Receipt of an Affidavit signed by all members of the limited liability company certifying that:
i. They are the only members at the date of execution and delivery of the instrument(s)
required herein;
ii. That said company has not been dissolved by a voluntary act;
iii. That said execution and delivery of the instruments required in the transaction to be
insured are in accordance with all operative terms of the Operation Agreement of said
company.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 7 of 24
Page 82 of 202
AM
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
14. Submit proof satisfactory to the Company of completion of improvements, including tenant
improvements, and satisfactory evidence that all contracts for labor, materials and services have
been paid in full.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 8 of 24
Page 83 of 202
Am
fir" Pirst'amlerl"can
Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
Commitment No. NCS-1274823-CLE
SCHEDULE B, PART II —Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
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:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Easements or claims of easements, not shown by the Public Records.
3. Any encroachment (of existing improvements located on the Land onto adjoining land or of existing
improvements located on adjoining land onto the Land), encumbrance, violation, variation, or
adverse circumstance affecting the Title that would be disclosed by an accurate and complete land
survey of the Land.
4. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the
Public Records at Date of Policy and not otherwise excepted from coverage herein.
5. Taxes, or special assessments, if any, not shown as existing liens by the Public Records.
6. 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.
7. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years.
The first installment of the 2024 taxes in the amount of $12,678.89 is Paid.
The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 9 of 24
Page 84 of 202
AM
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
Permanent Index Number: 03-35-301-055-0000 Vol. 235
If applicable, an original tax bill must be presented if taxes are to be paid at time of closing.
(Affects Part of the land)
8. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years.
The first installment of the 2024 taxes in the amount of $52,555.50 is Paid.
The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable.
Permanent Index Number: 03-35-301-056-0000 Vol. 235
If applicable, an original tax bill must be presented if taxes are to be paid at time of closing.
(Affects Part of the land)
9. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years.
The first installment of the 2024 taxes in the amount of $1,035,226.99 is Paid.
The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable.
Permanent Index Number: 03-35-301-058-0000 Vol. 235
If applicable, an original tax bill must be presented if taxes are to be paid at time of closing.
(Affects Part of the land)
10. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years.
The first installment of the 2024 taxes in the amount of $39,686.37 is Paid.
The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable.
Permanent Index Number: 03-35-302-014-0000 Vol. 235
If applicable, an original tax bill must be presented if taxes are to be paid at time of closing.
(Affects Part of the land)
11. General real estate taxes for the year(s) 2024 (Final Installment), 2025 and subsequent years.
The first installment of the 2024 taxes in the amount of $13,620.59 is Paid.
The final installment of the 2024 taxes and the 2025 taxes are not yet ascertainable or payable.
Permanent Index Number: 03-35-302-015-0000 Vol. 235
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 10 of 24
Page 85 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
If applicable, an original tax bill must be presented if taxes are to be paid at time of closing.
(Affects Remainder of the land)
12. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner,
LLC, Lessor, and JPMorgan Chase Bank, N.A., Lessee, dated March 23, 2011 as disclosed by a
Memorandum of Lease recorded April 15, 2011 as document 1110529024, and all rights thereunder
of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or
under said lessee.
Note: Said lease initial term is twenty (20) years.
Note: Said lease provides four (4) options to extend the term for periods of five (5) years each.
(Affects PIN 03-35-301-056-0000, see document for further particulars)
13. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner,
LLC, Lessor, and Ross Dress for Less, Inc., Lessee, dated February 07, 2012 as disclosed by a
Memorandum of Lease recorded March 9, 2012 as document 1206919033, and all rights thereunder
of and all acts done and suffered thereunder of said lessee or any parties claiming by, through or
under said lessee.
Note: Said lease initial term is ten (10) years.
Note: Said lease provides four (4) options to extend the term for periods of five (5) years each.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
14. Terms, provisions and conditions contained in Lease by and between Mt. Prospect Plaza Owner, LLC,
Lessor, and Fitness International, LLC, Lessee, dated July 25, 2012 as disclosed by a Memorandum of
Lease recorded October 22, 2012 as document 1229619013, and all rights thereunder of and all acts
done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee.
Note: Said lease initial term is fifteen (15) years.
Note: Said lease provides three (3) options to extend the term for periods of five (5) years each.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
15. Terms, provisions and conditions contained in Lease by and between Mount Prospect Plaza Owner,
LLC, Lessor, and Aldi Inc., Lessee, dated August 22, 2012 as disclosed by a Memorandum of Lease
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 11 of 24
Page 86 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
recorded March 28, 2013 as document 1308719004, and all rights thereunder of and all acts done
and suffered thereunder of said lessee or any parties claiming by, through or under said lessee.
Note: Said lease initial term is fifteen (15) years.
Note: Said lease provides two (2) options to extend the term for periods of five (5) years each.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
16. Terms, provisions and conditions contained in Lease by and between Cermak Plaza, Inc., Mt.
Prospect Plaza Division, Lessor, and Marshall's of Mt. Prospect, Inc., Lessee, dated November 30,
1976 as disclosed by a Memorandum of Lease recorded April 1, 1977 as document LR2929296, and
all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties
claiming by, through or under said lessee.
Note: Said lease initial term is fifteen (15) years with no stated provisions for extension of the term.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
17. Terms, provisions and conditions contained in Lease by and between Cermak Plaza, Inc., Mount
Prospect Plaza Division, Lessor, and St. Paul Federal Savings and Loan Association, Lessee, dated
October 27, 1975 as disclosed by a Ground Lease recorded March 5, 1980 as document LR3148567,
and all rights thereunder of and all acts done and suffered thereunder of said lessee or any parties
claiming by, through or under said lessee.
Note: Said lease initial term is ten (10) years.
Note: Said lease provides option to renew the lease for two (2) additional consecutive periods of ten
(10) years each.
Lease Modification Agreement dated March 6, 1979 and filed March 5, 1980 as document LR3148568.
(Affects PINS 03-35-302-015-0000 & 03-35-301-055-0000, see document for further particulars)
18. Terms, provisions and conditions contained in Lease by and between Maisel & Associates of Michigan,
Lessor, and K Mart Corporation, Lessee, dated June 15, 1978 as disclosed by a Memorandum of
Lease recorded December 3, 1980 as document LR3191752, and all rights thereunder of and all acts
done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee.
Note: Said lease initial term is twenty-five (25) years.
Note: Said lease provides ten (10) options to extend the term for periods of five (5) years each.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 12 of 24
Page 87 of 202
Am
fir" Pirst'amlerl"can
Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
First Amendment to Sublease dated April 9, 1980.
Second Amendment to Sublease dated May 22, 1980.
Third Amendment to Sublease dated March 25, 1981.
Fourth Amendment to Lease dated April 3, 1985 and filed December 26, 1985 as document
LR3486210.
Assignment of Lease from K Mart Corporation to Walgreen Co., dated April 3, 1985 and filed
December 26, 1985 as document LR3486211.
Assignment and Assumption Agreement Relating to Sublease Agreement made by and between
Maisel & Associates of Michigan limited partnership ("Assignor") and Mount Prospect Plaza limited
partnership ("Assignee") filed November 2, 1987 as document LR3664122 and recorded November 2,
1987 as document 87590509.
Fifth Amendment to Lease dated August 31, 1987 and filed January 19, 1988 as document
LR3681903.
(This Exception affects the insured property solely with respect to rights of the adjacent property to
easements and common areas on the insured property herein, see document for further particulars)
19. Terms, provisions and conditions contained in Lease by and between Ramco-Gershenson Properties,
L.P., Lessor, and AutoZone Parts, Inc., Lessee, dated February 6, 2016 as disclosed by a Short Form
Lease recorded March 10, 2017 as document 1706929046, and all rights thereunder of and all acts
done and suffered thereunder of said lessee or any parties claiming by, through or under said lessee.
Note: Said lease initial term is ten (10) years with details for options to extend of the term contained
in the lease.
(Affects all parcels)
20. Terms, provisions and conditions contained in Lease by and between RPT Realty, L.P., Lessor, and
Burlington Coat Factory of Texas, Inc., Lessee, dated February 28, 2019 as disclosed by a
Memorandum of Lease recorded February 24, 2020 as document 2005515213, and all rights
thereunder of and all acts done and suffered thereunder of said lessee or any parties claiming by,
through or under said lessee.
Note: Said lease initial term is ten (10) years.
Note: Said lease provides four (4) options to extend the term for periods of five (5) years each.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 13 of 24
Page 88 of 202
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
Assignment of Lease dated August 18, 2022 and recorded August 24, 2022 as Document No.
2223610081.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
21. Terms, provisions and conditions of the Agreement made by and between Mount Prospect Plaza
Limited Partnership and Walgreen Co., dated July 21, 1988 and filed November 21, 1988 as
document LR3754847.
(This Exception affects the insured property solely with respect to the rights of the adjacent property
to easements and common areas on the insured property herein, see document for further
particulars)
22. Terms and provisions of Hold Harmless Agreement executed by Mount Prospect Plaza Limited
Partnership in favor of the Village of Mount Prospect dated March 9, 1993 and recorded April 13,
1993 as document 93269218.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
23. Information and disclosures contained in Environmental Disclosure Document for Transfer of Real
Property recorded February 1, 1996 as document 96086396.
Note: The foregoing is provided for informational purposes only, as the document appears of record
and includes a description of the land or a part thereof.
(Affects the land and other property)
24. The fact, as disclosed by that certain document or documents recorded February 1, 1996 as
document 96086396 of Official Records, that some violation of environmental protection laws may
have occurred which may affect the land.
(Affects the land and other properly)
25. Easement in favor of Public Service Company of Northern Illinois, its successors and assigns, for the
purpose of laying, maintaining and operating an 18 inch gas main and appurtenances filed April 4,
1946 as document LR1092376.
(For further particulars, see document)
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 14 of 24
Page 89 of 202
Am
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
26. Easement in favor of Public Service Company of Northern Illinois, its successors and assigns, for the
purpose of laying, maintaining and operating gas utility equipment filed June 4, 1947 as document
LR1152244.
(For further particulars, see document)
27. Fifteen foot easement in favor of Commonwealth Edison Company and Illinois Bell Telephone
Company, and/or their successors in interest, for pole lines, conduits and maintenance purposes
granted by document LR1952274, filed on November 16, 1960, and the terms and conditions thereof,
also shown on the plat of subdivision filed July 16, 1979 as document LR3104778.
(Affects all parcels)
28. Grant of Easement in favor of the Village of Mount Prospect, 10 foot wide, for water lines and fire
hydrants as shown on the plat attached to the instrument recorded July 9, 1962 as document
18526539.
(Affects all parcels)
29. Easement in favor of Illinois Bell Telephone Company and Commonwealth Edison Company for the
purpose of installation, maintenance, relocation, etc., of telephone and electrical utility equipment
dated October 1, 1964 recorded December 23, 1964 as document 19340603.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
30. Grant of Easement in favor of the Village of Mount Prospect, 10 foot wide, for the right, privilege and
easement to construct and maintain underground water mains as shown on the plat attached to the
instrument recorded February 19, 1969 as document 20761400.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
31. Easement in favor of the Commonwealth Edison Company, the Illinois Bell Telephone Company and
Northern Illinois Gas Company, Village of Mount Prospect for the purpose of maintenance of electric,
telephone and gas systems appurtenances, maintenance of water mains etc., as shown on the plat
filed July 16, 1979 as document LR3104778 as amended by Easement Agreement executed by
Cermak Plaza, Inc., Village of Mount Prospect and Maisel and Associates of Michigan, filed August 19,
1980 as document LR3173793 for the purpose of constructing, maintaining, replacing and renewing
water main etc., said agreement vacated certain limited portions of easement areas granted in the
Plat of Plaza Subdivision to the Village of Mount Prospect and granted compensating easement areas.
(For further particulars, see document)
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 15 of 24
Page 90 of 202
Am
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
32. Easement in favor of Commonwealth Edison Company and Illinois Bell Telephone Company for
underground transmission and distribution of electricity, sounds and signals and incidental purposes
recorded September 14, 1987 as document 87502336 and filed January 11, 1988 as document
LR3680217.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
33. Ten foot easement in favor of the Commonwealth Edison Company and the Illinois Bell Telephone
Company for underground transmission and distribution of electricity, sounds and signals, and
incidental purposes filed March 2, 1988 as document LR3691163.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
34. Ten foot easement in favor of the Commonwealth Edison Company and the Illinois Bell Telephone
Company for underground transmission and distribution of electricity, sounds and signals, and
incidental purposes filed September 19, 1988 as document LR3740125.
(Affects PIN 03-35-301-056-0000 & 03-35-301-058-0000, see document for further particulars)
35. Ten foot easement in favor of Northern Illinois Gas Company for the installation, relocation, renewal
and removal of gas mains and appurtenances dated June 10, 1988 and recorded September 30, 1988
as document 88450089.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
36. Twenty foot easement in favor of the Village of Mount Prospect for water service, valves and
hydrants affecting said land and other property as shown on the Plat of Easements recorded May 11,
1989 as document 89214371.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
37. Easements, covenants, conditions, and restrictions contained in Easements With Covenants,
Conditions and Restrictions Affecting Land dated September 28, 1990 and recorded September 28,
1990 as document 90474272 for parking, access, ingress, and egress, etc., and the further provisions
contained therein.
First Amendment to Easements with Covenants, Conditions and Restrictions Affecting Land recorded
February 24, 2009 as Document No. 0905556000, and the terms and conditions therein contained.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 16 of 24
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
Easement Holder's Partial Release, Subordination to Permanent Easement and Consent to Temporary
Construction Easement recorded May 26, 2022 as Document No. 2214619027, and the terms and
conditions therein contained.
(For further particulars, see document)
38. Easements for water main and sanitary sewer and incidental purposes affecting portions of said land
as shown and described on the Easement Plat recorded June 25, 1992 as document 92461457.
(Affects portion of PIN 03-35-301-058-0000 & 03-35-302-014-0000, see document for further
particulars)
39. Terms, conditions and provisions of Ordinance No. 5246 entitled An Ordinance Granting a Conditional
Use Permit for Property Commonly Known as 1018 Mount Prospect Plaza recorded as document
0020583327.
(Affects the land and other property)
40. Terms, conditions and provisions of Ordinance No. 5820 entitled An Ordinance Granting a Conditional
Use Permit for Property Located at 950 East Rand Road, Mount Prospect, Illinois recorded as
document 1034931120.
(Affects PIN 03-35-301-056-0000, see document for further particulars)
41. Terms, conditions and provisions of Resolution No. R27SR-01 (Variation) for property at 1008 Mount
Prospect Plaza, Rand Road, Mount Prospect, Illinois for conditional use permit recorded as document
0011210691.
(Affects the land and other property)
42. Terms, provisions, conditions and limitations of Environmental No Further Remediation Letter
recorded March 14, 2002 as document 0020292186.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
43. The fact, as disclosed by that certain document or documents recorded March 14, 2002 as document
0020292186 of Official Records, that some violation of environmental protection laws may have
occurred which may affect the land.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 17 of 24
Page 92 of 202
Am
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
44. Terms, provisions, conditions and limitations of Environmental No Further Remediation Letter
recorded April 6, 2011 as document 1109631066.
(Affects a portion of PIN 03-35-301-055-0000 and 03-35-302-015-0000, see document for further
particulars)
45. The fact, as disclosed by that certain document or documents recorded April 6, 2011 as document
1109631066 of Official Records, that some violation of environmental protection laws may have
occurred which may affect the land.
(Affects a portion of PIN 03-35-301-055-0000 and 03-35-302-015-0000, see document for further
particulars)
46. Terms, conditions and provisions of Ordinance No. 6148 entitled An Ordinance Granting a Conditional
Use Permit for a Final Planned Unit Development, Conditional Use for a Drive- Through Establishment
& Variation for Property Located at Mount Prospect Plaza. (990-1145 Mt. Prospect Plaza, 940-950
East Rand Road and 1200-1220 East Central Road, Mount Prospect, IL) recorded as document
1420234072.
(Affects the land and other property)
47. Terms, conditions and provisions of Ordinance No. 6205 entitled An Ordinance Amending Ordinance
No. 6148 Granting a Conditional Use Permit for a Final Planned Unit Development, Conditional Use
for a Drive -Through Establishment & Variation for Property Located at 990-1145 Mt. Prospect Plaza,
940-950 East Rand Road and 1200-1220 East Central Road, Mount Prospect, Illinois recorded as
document 1523034052.
(Affects the land and other property)
48. Terms, conditions and provisions of Resolution No. R-05-15, Resolution Approving Findings of Fact,
recorded August 11, 2015 as document 1522329105.
(Affects a portion of PIN 03-35-301-058-0000, see document for further particulars)
49. Reciprocal Easement Agreement recorded July 13, 2017 as document 1719439138, and the terms,
provisions and conditions contained therein.
(Affects the land and other property)
50. Map survey recorded on February 08, 2021 as document no. 2103916089.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 18 of 24
Page 93 of 202
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
(For further particulars, see document)
51. Permanent Easement recorded May 26, 2022 as Document No. 2214619025, and the terms and
conditions therein contained.
Scrivener's Affidavit recorded December 09, 2022 as Document No. 2234322021.
(For further particulars, see document)
52. Temporary Construction Easement recorded May 26, 2022 as Document No. 2214619026, and the
terms and conditions therein contained.
(For further particulars, see document)
53. Unrecorded Easement Agreement (Comcast 990-1141), dated October 24, 2014, entered into by
Comcast Cable Communications Company, a Delaware limited liability company, itself and on behalf
of its affiliates, and Assignor, as successor to Ramco-Gershenson Properties, L.P., a Delaware limited
partnership, as disclosed by prior title evidence.
54. Unrecorded Easement Agreement (Comcast — Panda Express A100), dated March 5, 2015, entered
into by Comcast Cable Communications Company, a Delaware limited liability company, itself and on
behalf of its affiliates, and Assignor, as successor to Ramco-Gershenson Properties, L.P., a Delaware
limited partnership, as disclosed by prior title evidence.
55. Unrecorded Access Agreement (US Bank), dated October 6, 2020, entered into by Comcast Cable
Communications Management, LLC, a Delaware limited liability company, itself and on behalf of its
affiliates, and Assignor, as disclosed by prior title evidence.
56. The Ross Restrictions as disclosed in Special Warranty Deed recorded August 24, 2022 as document
2223610080, and the terms and conditions set forth therein.
57. Terms, provisions and conditions contained in Plat of Highways recorded February 02, 2023 as
document number 2303322018.
(See plat for exact location)
58. Terms, conditions and provisions of Ordinance No. 6655 entitled An Ordinance Granting a Conditional
Use Permit to Operate a Massage Therapy Establishment at 1212 East Central Avenue, Suite A, (1028
Mt. Prospect Plz Suite A-110) Mount Prospect, Illinois recorded as document 2304157041.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 19 of 24
Page 94 of 202
Am
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Commitment for Title Insurance
Illinois - 2021 v. 01.00 (07-01-2021)
59. Terms, conditions and provisions of Ordinance No. 6756 entitled An Ordinance Granting Conditional
Use (Drive - Through Lanes) for the property located at 950 East Rand Road, Mount Prospect, Illinois
recorded as document 2433820318.
60. Survey prepared by Robert J. Winnicki, on behalf of Blew & Associates, P.A., dated June 22, 2022,
last revised August 17, 2022, under Job No. 22-4709, shows the following:
a) Signs located southeast of the Subject Property, ownership unknown;
b) Signs located north of the Subject Property, ownership unknown; and
c) Utilities located on the Subject Property without the benefit of a recorded easement.
61. Rights of the adjoining owners in and to the concurrent use of said easement described in Schedule
A.
62. Existing unrecorded leases, if any, and rights of all parties claiming thereunder.
End of Schedule B
SV
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 20 of 24
Page 95 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
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, First American Title Insurance Company, a Nebraska 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 six months after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
'T AIM E R ICAN "TITLE INSURANCE COMF N Y
v
u
aIly F yler, Presidei°it Lisa, W Cori°iehI S acretar
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 21 of 24
Page 96 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
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;
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 22 of 24
Page 97 of 202
Am
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Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
e. Schedule B. Part I —Requirements; and
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.
S. 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.
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
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 23 of 24
Page 98 of 202
Am
rY Pirst'amlerican
Commitment for Title Insurance
' Illinois - 2021 v. 01.00 (07-01-2021)
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.
S. 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 $2,000,000 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.
This page is only a part of a 2021 AL TA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
* Copyright 2025 First American Financial Corporation. All rights reserved.
All information, data, and material created or compiled by or on behalf of First American Financial Corporation is restricted and may
not be copied or used for derivative products/services without the prior express written permission of First American Financial
Corporation.
** Copyright 2021 American Land Title Association. All rights reserved.
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.
Form 50128017 (6-7-22) Page 24 of 24
Page 99 of 202
IF PAYIN GLATEE
PLEASE PAY
2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill
I Property , InNum de ber(PIN) Vollurne, Code Tax Yification
ear �Pajyable In) Township Class
0 3-35-301 -055-0000 235, 38,098 2025 (2026) Wheeling 5-28
0,710,2120,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER
U..'Do $0.00 MONTHy BY STATE ILAW
Pen,zilon and
Amount of
% of Pensj,on and
Ili nley Owed by,
Healthcare Amounts,
Pension and
Hiealthcare Costs
Your, "Taxing
Promized by Your,
Heal'thIcare ,
Tax,inga IDistficts
Your "Taxi'ng'Districts
Distuicts,
Taking Wstricts
Shortage
Can Pay
NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T
$31621,7,063
$191F328JI16112
$696,F896
92.53%
METRO WATER RECLAMATION DIST OF,G
y 7,' I ' 1 0
Y303,725851100101
56.28%
CHGO
MT` PROSPECT,,"PARK DISTRICT
$347898,7393,
$37JI2957607
$25280,5199
93.89%
A RLINGTON HT'S'TW'NSHIP H S 214
46,7507,
$887 7
$302211991024
F
$0,
100,2911 %
SCHOOL D]STRICT 2,16
$34795,4742,91
$27 F83 1 F804
$6,y15'78,jl829
76.36%
VILLAGE OFM'T PROS"PEICT'
$1,160,Y2 17
$405,111 1: 1, 1 Y078,
$1297548y371
68.02%
TOWN, WHEEL]ING
$661643
$5721"15,23
$21:4111695
62.50%
FOREST PRESERVE DISTRICT OlFCOOK COUNTY"
$21,41l"i 11242,
$6175183455,501
$382511643111760
38.07%
COU'!NTY O'F,lC00K
$14549915553YI496
$21 5�4016,fillr,46'22
$k4WY3415,655
old 0.52%
TOTALS:
883
$26,040,397,67'
$103446,1719JI817
ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm,
Pl'l," YOUR, 'T"E'S' .0, NILINE
coo Ila �r c "a TrOl "unlyt r6a�s urer c0M7 01 yp)pr ban ccount, o redit, c ME
2024 "TOTAL 'TAX 231878. 15
2025, ESTIMATE X 551%
2025, 1st INSTALLMENT 13,7133.00,
The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes.,
All exern, ons, ph, , such as, homeowner, and senior exemptions. W111
IIbe refiectedon your Socond Insta[Iment tax, hilt
a02 E, AN IRD
MOUNT PROSPECT' �IL 6,0056,
MOUNTPROSPECT PLAZA,
P"O BOX, 4,900 DEPT 365
SCOTTSDALE, AZ 852614900
Page 100 of 202
I■M
L04 A 1 01, "o
DE , TACH & INCLUDE WITH 1PA , T
YMEN
TOTAL, PAY, MAI *A's 11 f I
.1 IS 'I , I'l
4rX
LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11
1111111a, 111m u IIII IIII
VIIIIII MM 'I 'I
This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R
Rilease process,thiscoupon along with payment presented. PO BOX 80E438
C, H I CAG, 0 1 ILi, 60 68 04116
*03353010000020251,ZZOOOOOOICI OMge 111 of 202
IF PAYIN GLATEE
PLEASE PAY
2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill
I Pro
ope, InNum de ber(PIN) Vollurne, Code Tax Yification
ear �Pajyable In) Township Class
0 3-35-301 -056-0000 235, 38,098 2025 (2026) Wheeling 5-28
0,710,2120,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER
U..'Do $0.00 MONTHy BY STATE ILAW
Pen,zilon and
Amount of
% of Pensj,on and
Ili nley Owed by,
Healthcare Amounts,
Pension and
Hiealthcare Costs
Your, "Taxing
Promized by Your,
Heal'thIcare ,
Tax,inga IDistficts
Your "Taxi'ng'Districts
Distuicts,
Taking Wstricts
Shortage
Can Pay
NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T
$31621,7,063
$191F328JI16112
$696,F896
92.53%
METRO WATER RECLAMATION DIST OF,G
y 7,' I '' 1 0
Y303,725851100101
56.28%
CHGO
MT` PROSPECT,,"PARK DISTRICT
$347898,7393,
$37JI2957607
$25280,5199
93.89%
A RLINGTON HT'S'TW'NSHIP H S 214
46,7507,
$887 7
$302211991024
F
$0,
100,2911 %
SCHOOL D]STRICT 2,16
$34795,4742,91
$27 F83 1 F804
$6,y15'78,jl829
76.36%
VILLAGE OFM'T PROS"PEICT'
$1,160,Y2 17
$405,111 1: 1, 1 Y078,
$1297548y371
68.02%
TOWN, WHEEL]ING
$661643
$5721"15,23
$21:4111695
62.50%
FOREST PRESERVE DISTRICT OlFCOOK COUNTY"
$21,41l"i 11242,
$6175183455,501
$382511643111760
38.07%
COU'!NTY O'F,lC00K
$14549915553YI496
$21 5�4016,fillr,46'22
$k4WY3415,655
old 0.52%
TOTALS:
883
$26,040,397,67'
$103446,1719JI817
ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm,
Pl'l," YOUR, 'T"E'S' .0, NILINE
coo Ila �r c "a TrOl "unlyt r6a�s urer c0M7 01 yp)pr ban ccount, o redit, c ME
2024 "TOTAL 'TAX 98T9,74.58
2025, ESTIMATE X 551%
2025, 1st INSTALLMENT 547436.01
The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes.,
All exern, ons, ph, , such as, homeowner, and senior exemptions. W111
IIbe refiectedon your Socond Insta[Iment tax, hilt
jug dmmjtm-vq�
1' 1110111 IT 10 �' W am tollbl. 1 1, " .
MOUNTPROSPECT PLAZA,
802 E RANLSD
�M'T PROSPECT [L 0,01300-0,000
Page 102 of 202
I■M
L04 A 1 01, "o
DE'TACH & INCLUDE WITH 1PA , T
YMEN
TOTAL, PAY,
4
0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11
1111111a,
This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R
Rilease process,thiscoupon along with payment presented. PO BOX 80E438
C, H I CAG, 0 1 ILi, 60 68 041'16
*1 33 53010,5L0000202 51ZZ000000ICI 0Mge 113 of 202
IF PAYIN GLATEE
PLEASE PAY
2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill
I Pro
ope, InNum de ber(PIN) Vollurne, Code Tax Yification
ear �Pajyable In) Township Class
0 3-35-301 -058-0000 235, 38,098 2025 (2026) Wheeling 5-31
0,710,2120,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER
$0.00 U..'Do $0.00 MONTHy BY STATE ILAW
Pen,zilon and
Amount of
% of Pensj,on and
Ili nley Owed by,
Healthcare Amounts,
Pension and
Hiealthcare Costs
Your, "Taxing
Promized by Your,
Heal'thIcare ,
Tax,inga IDistficts
Your "Taxi'ng'Districts
Distuicts,
Taking Wstricts
Shortage
Can Pay
NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T
$31621,7,063
$191F328JI16112
$696,F896
92.53%
METRO WATER RECLAMATION DIST OF,G
y 7,' I '' 1 0
Y303,725851100101
56.28%
CHGO
MT` PROSPECT,,"PARK DISTRICT
$347898,7393,
$37JI2957607
$25280,5199
93.89%
A RLINGTON HT'S'TW'NSHIP H S 214
46,7507,
$887 7
$302211991024
F
$0,
100,2911 %
SCHOOL D]STRICT 2,16
$34795,4742,91
$27 F83 1 F804
$6,y15'78,jl829
76.36%
VILLAGE OFM'T PROS"PEICT'
$1,160,Y2 17
$405,111 1: 1, 1 Y078,
$1297548y371
68.02%
TOWN, WHEEL]ING
$661643
$5721"15,23
$21:4111695
62.50%
FOREST PRESERVE DISTRICT OlFCOOK COUNTY"
$21,41l"i 11242,
$6175183455,501
$382511643111760
38.07%
COU'!NTY O'F,lC00K
$14549915553YI496
$21 5�4016,fillr,46'22
$k4WY3415,655
old 0.52%
TOTALS:
883
$26,040,397,67'
$103446,1719JI817
ForamafeinAopqjlpok:�, gqvornfnon� finantes and� how, they 8ftIct your twe's. "Visit qqqvi�lcpm,
Pl'l," YOUR, 'T"E'S' .0, NILINE
coo Ila �r c "a TrOl "unlyt r6a�s urer c0M7 01 yp)pr ban ccount, o redit, c ME
2024 "TOTAL 'TAX 179497,566.39
2025, ESTIMATE X 551%
2025, 1st INSTALLMENT 1707272,611.49
The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes.,
All exern, ons, ph, , such as, homeowner, and senior exemptions. W111
IIbe refiectedon your Socond Insta[Iment tax, hilt
'100-0 MOUNT PROSPECT IPLZ
MOUNT PROSPECT' IIL 6,0056,
LBX MOUNT PROSPECTILLC
142TMAYSON ST NE
ATLANTA GA 30324-3903
Page 104 of 202
I■M
L04 A 1 01, "o
DE'TACH & INCLUDE WITH 1PA , T
YMEN
TOTAL, PAY, *A 'a f I
A
4
0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11 11,111 of
11 1 �-
1111111a, NMI' IIIIINIA"MI IIIIIIIIINIIIII MMINSRUNII IIII IIII qIIIIIIIIIIII 111� 11'1� 11111111 1111 IIIII]IIIIIIIIII11fil 11,11 11jujifil IIIII IIIIIJ1111,11 ICI
'I 'I 'I 'I 'I 'I , '1 1, , , I I , '1 1, , ,
This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R
Rilease proc ess,thiscoupon along with payment presented. PO BOX 80E438
C, H I CAG, 0 1 ILi, 60 68 041'16
*1 33 53010,580000202 51ZZ000000ICI 0Mge 115 of 202
IF PAYIN GLATEE
PLEASE PAY
2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill
I Property, Inm dex Nuber(ajy PIN) Vollurne, Code Tax Year �Pable In) Townhip sClassification
0 3-35-302-014-0000 235, 38,020 2025 (2026) Wheeling 5-90
0,710,2120,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER
U..'Do $0.00 MONTHy BY STATE ILAW
Pen,zilon and
Amount of
% of Pensj,on and
Ili nley Owed by,
Healthcare Amounts,
Pension and
Hiealthcare Costs
Your, "Taxing
Promized by Your,
Heal'thIcare ,
Tax,inga 1Distficts
Your "Taxi'ng'Districts
Distuicts,
Taking Wstricts
Shortage
Can Pay
NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T
$31621,7,063
$191F328JI16112
$696,F896
92.53%
METRO WATER RECLAMATION DIST OFF
y 7,' I 1 0
Y303,725851100101
56.28%
CHGO
MT` PROSPECT,,"PARK DISTRICT
$347898,7393,
$37JI2957607
$25280,5199
93.89%
A RLINGTON HT'S'TW'NSHIP H S 214
46,7507,
$887 7
$302211991024
F
$0,
100,2911 %
SCHOOL D]STRICT 57"
$3474397368,
$32 J1331 F5112,
$ 111 Y520,5� 617
64.317%
VILLAGE OFM'T PROS"PEICT'
$1,160,Y2 11 75181
$405,111 1: 1, 1 Y078,
$1297548y371
68.02%
TOWN, WHEEL]ING
$661643
$5721"15,23
$21:4111695
62.50%
FOREST PRESERVE DISTRICT OlFCOOK COUNTY"
$21,41l"i 11242,
$6175183455,501
$382511643111760
38.07%
COU'!NTY O'F,lC00K
$14549915553,496
$21 54016,fillr,46'22
$k4WY3415,655
60.52%
TOTALS:
$26,045147,6171661
$103451 F661 F16,05
ForamafeinAop#jlpok:, gqvernfnon� finantes andhow, they 8ftIct your twe's. "Visit
Pl'l," YOUR, 'T"E'S' .0, NILINE
Ila c�r c "a TrOl oo"unlyt r6a�s urer c0M7 01 yp)pr ban ccount, o redit, c ME
2024 "TOTAL 'TAX
719762,15.03
2025, ESTIMATE X 551%
2025, 1st INSTALLMENT 43,7793.79
The First Installment amount is 5,50% of (Mast ye�ars, totaltaxes.,
All exern,phons, , , such as, homeowner, and senior exemptions. W111
IIbe refiectedon your Socond Insta[Iment tax, hilt
940 E, RAND IRD
MOUNT PROSPECT' �IL 6,0056,
LBX MOUNT PROSPECTILLC
142TMAYSON ST NE
ATLANTA GA 30324-3903
Page 106 of 202
I L04 A 1 01, "o
DE , TACH & INCLUDE WITH 1PA , T
YMEN
TOTAL, PAY, M!, I *A's f I
.1 A I'l
4
0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11
1111111a, NMI' 11141,101111 1111RIIII MOWSRUNII IIII IIII qIIIIIIIIIIII 111I 111i 11111111 1111
This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R
Rilease process,thiscoupon along with payment presented. PO BOX 80E438
C, H I CAG, 0 1 ILi, 60 68 04116
*1 33 5302014 0000202 51ZZ000000ICI 0Mge 117 of 202
IF PAYIN GLATEE
PLEASE PAY
2025 First Installment Property Tax Bit! -Cook,Coin ty Electronic Bill
I Property, Index Number(PIN) Vollurne, Code Tax Year �Pajyable Inownhip ) TsClassification
0 3-35-302-015-0000 235, 38,020 2025 (2026) Wheeling 5-28
0,710,2120,26-0810112026 08102/2026 - 09/01/2026 09/0212026, - 101,011,Q026 LATE INTEREST IS 0.75%, PER
U..'Do $0.00 MONTHy BY STATE ILAW
Pen,zilon and
Amount of
% of Pensj,on and
Ili nley Owed by,
Healthcare Amounts,
Pension and
Hiealthcare Costs
Your, "Taxing
Promized by Your,
Heal'thIcare ,
Tax,inga 1Distficts
Your "Taxi'ng'Districts
Distuicts,
Taking Wstricts
Shortage
Can Pay
NORTHWES" T MOSQUITO ABATEMEIT` 131STRIC, T
$31621,7,063
$191F328JI16112
$696,F896
92.53%
METRO WATER RECLAMATION DIST OFF
y 7,' I 1 0
Y303,725851100101
56.28%
CHGO
MT` PROSPECT,,"PARK DISTRICT
$347898,7393,
$37JI2957607
$25280,5199
93.89%
A RLINGTON HT'S'TW'NSHIP H S 214
46,7507,
$887 7
$302211991024
F
$0,
100,2911 %
SCHOOL D]STRICT 57"
$3474397368,
$32 J1331 F5112,
$ 111 Y520,5� 617
64.317%
VILLAGE OFM'T PROS"PEICT'
$1,160,Y2 11 75181
$405,111 1: 1, 1 Y078,
$1297548y371
68.02%
TOWN, WHEEL]ING
$661643
$5721"15,23
$21:4111695
62.50%
FOREST PRESERVE DISTRICT OlFCOOK COUNTY"
$21,41l"i 11242,
$6175183455,501
$382511643111760
38.07%
COU'!NTY O'F,lC00K
$14549915553,496
$21 5�4016,fillr,46'22
$k4WY3415,655
old 0.52%
TOTALS:
$26,045147,6171661
$103451 F661 F16,05
ForamafeinAop#jlpok:, gqvernfnon� finantes andhow, they 8ftIct your twe's. "Visit
Pl'l," YOUR, 'T"E'S' .0, NILINE
Ila c�r c "a TrOl oo"unlyt r6a�s urer c0M7 01 yp)pr ban ccount, o redit, c ME
2024 "TOTAL 'TAX
27T3218.90
2025, ESTIMATE X 551%
2025, 1st INSTALLMENT 167030.89
The First Installment amount is 5,50% of IIlast ye�ars, totaltaxes.,
All exern,phons, , , such as, homeowner, and senior exemptions. W111
IIbe refiectedon your Socond Insta[Iment tax, hilt
940 E, RAND IRD
MOUNT PROSPECT' �IL 6,0056,
MOUNTPROSPECT PLAZA,
P"O BOX, 4,60,169 DEPT 908
HOU STON TX 77056-81169
Page 108 of 202
I■M
L04 A 1 01, "o
DE , TACH & INCLUDE WITH 1PA , T
YMEN
TOTAL, PAY, M!, 1, *A's f I
.1 1 A I'l
4
0111111 LW31111LIP1- &-RAI'JWIr*IIALWM U 1*11
1111111a,1 I 11 1 I III 1 III 111m VIIIII u IIII IIII
IMM 'I 'I
This is an Official Downloadable Tax Bill Payment Coupon., C 0QK COUNT ' TR EA S UI R E R
Rilease process,thiscoupon along with payment presented. PO BOX 80E438
C, H I CAG, 0 1 ILi, 60 68 04116
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ATTORNEYS ,AT L AA'
Direct Dial: (312) 461-43 3 6
Email: bpennygmpslaw.com
June 5, 2026; UPD September 30, 2026
1,, LANE
SUITE 19010
,12.5 SOUTH IWAC
II GO�, IL 0 "
( 12) 98'7'- 90 �
Ann Choi Development Planner�m
Community Development Department
Village of Mount Prospect
50 S. Emerson Street,
Mount Prospect, IL 60056
Re: Mount Prospect Plaza - Application for Approval of a New Planned Unit Development
with Exceptions & Final Plat of Subdivision
Dear Ann,
On behalf of LBX Mount Prospect TH LLC ("LBX"), the owner of Mount Prospect Plaza
(the "Plaza"), we are pleased to present this application ("Application") for approval of a
conditional use permit for a new planned unit development ("PUD"'), with certain exceptions
described below, and a final plat of subdivision for the Plaza ("'Subdivision Plat").
By way of background, the Board of Trustees for Village of Mount Prospect (the "Village")
previously passed Ordinance No. 6148 in July 2014, which approved a conditional use permit for
a new planned unit development, two new outlot buildings, a conditional use permit for a drive
through establishment and a variation to allow overall lot coverage of 86%
("Prior PUD Ordinance"). In July 2015, the Village Board of Trustees approved
Ordinance No. 6205 which extended the provisions of the Prior PUD Ordinance through
July 15, 2016. Nevertheless, the project did not proceed, and the approvals set forth in the Prior
PUD Ordinance ultimately lapsed prior to LBX acquiring the Plaza in July 2022. Apart from the
Prior PUD Ordinance, the Village also passed the following approvals which allowed development
of the Plaza over time: Resolution No. R-27SR-01 granting a variation to allow a 276.94 square
foot wall sign, Ordinance No. 5246 granting a conditional use permit to allow an itinerant
veterinary clinic, Ordinance No. 5820 granting a conditional use permit for a new bank building
with a drive -through, Resolution No. R-05-15 granting a variation to allow window signage of
79 square feet and 171 square feet for Ross Dress for Less, Ordinance No. 6655 granting a
conditional use permit for a massage therapy establishment (Massage Envy), and
Ordinance No. 6756 granting a conditional use permit for the use of four drive -through lanes at
the Lakeside Bank (collectively with the lot coverage variation set forth in the Prior PUD
Ordinance, the "Prior Approvals").
Now, LBX plans to create a new PUD to govern the Plaza and its future improvement
(the "New PUD"). The New PUD will include and restate all Prior Approvals which remain
Page 110 of 202
Ann Choi, Development Planner
Village of Mount Prospect
June 5, 2026, UPD September 30, 2026
Page 2 of 3
applicable to the Plaza as it currently exists, with an overall lot coverage of 87% and an exception
to allow the existing bank building on proposed Lot 1 D to encroach 4.24 feet into the required rear
yard setback, consistent with the "PUD Site Plan" prepared by Blew & Associates, P.A. and dated
most recently as of August 19, 2026, and the landscape plan prepared by Kimley-Horn &
Associates, Inc. and dated as of July 10, 2026 (the "Landscape Plan," together with the PUD Site
Plan and Subdivision Plat, the "Plans").' Additionally, pursuant to the Plans, we are requesting
approval of the following exceptions from the Village's current landscape requirements:
i. From Section 14.2306.B.I to reduce the perimeter landscaping requirement along
N. Westgate Road at the southeast corner of the Plaza from 589 linear feet to 138
linear feet and reduce the number of required shade trees from 12 to 3;
H. From Section 14.2306.A.1 to reduce the number of required landscape islands to
those currently existing on site;
iii. From Section 14.2306.A.2 to reduce the number of required landscape island shade
trees from 251 trees to 114 trees. -
iv. From Section 14.2306.13.1 to reduce required continuous landscaping from 589
linear feet to 138 linear feet, and to reduce the number of required shade trees from
12 trees to 3 trees;
V. From Section 14.2306.B.2 to reduce the number of required shade trees and shrubs
along Rand Road to zero; and
vi. From Section 14.2307 to reduce required foundation landscape area to existing
conditions.
In support of our request, written responses to the applicable standards for approving the New
PUD with the above exceptions have been included with this Application.
LBX also plans to resubdivide the Plaza to create four new outlots, as shown on the Subdivision
Plat attached to the Application, along the south property line of the Plaza and adjacent to Rand
Road. One of the new outlots, Outlot 1 C, will serve as the site of a new Dutch Bros. Coffee
("Dutch Bros") location. Dutch Bros has submitted a separate request to the Village for approval
of a new site plan and a conditional use for a coffee shop with a drive -through, pursuant to the
plans and specifications included therein, as authorized by LBX.
Our client is confident that the New PUD and development of the new Dutch Bros location will
benefit the Village by adding a new sales tax generating use to the Plaza and by bringing a new
service to the Plaza for which there is significant demand from residents of the Village and nearby
communities.
1 An itemized list of submittal documents is included as a cover letter to the Application.
Page 111 of 202
Ann Choi, Development Planner
Village of Mount Prospect
June 5, 2026, UPD September 30, 2026
Page 3 of 3
We look forward to working with the Village of Mount Prospect on all aspects of this proposal. If
you have any questions or if any additional information is needed at this time, please feel free to
contact me.
We thank you for your consideration of this request.
Sincerely,
MELTZER PURTILL & STELLE LLC
Brendan Penny
Page 112 of 202
Mount Prospect Plaza — 940-1100 E. Rand Road, Mt. Prospect, Illinois
Responses to applicable Standards for a Planned Unit Development
Section 14.203.F.8 Standards for Approval of Conditional Use Permits. No conditional use
shall be recommended for approval by the planning and zoning commission unless it finds:
a. 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;
Response: The establishment, maintenance and operation of the existing plaza which comprises
the subject property (the "Plaza') will not be detrimental to, or endanger the public health safety,
morals, comfort, or general welfare. The Plaza has been constructed and in operation for more
than 20 years. Approving a planned unit development ("PUD') for the Plaza will help ensure its
orderly maintenance and future development.
b. 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;
Response: The conditional use will not be injurious to the uses and enjoyment of other property in
the immediate vicinity for permitted purposes. The Plaza has been constructed and in operation
for more than 20 years. Existing users within the Plaza and surrounding property owners will not
be negatively impacted as a result of approval of the PUD.
c. 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;
Response: The establishment of the PUD will not impede the normal and orderly development in
the surrounding area and will instead ensure that future development within the Plaza proceeds in
a cohesive manner. No existing or proposed uses will impact or interfere with development of
surrounding properties.
d. That adequate public utilities, access roads, drainage and/or necessary facilities have
been or will be provided;
Response: Adequate public utilities, access roads, drainage and all necessary facilities are
currently in existence to support continued operation of the Plaza.
e. 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;
Response: Adequate ingress and egress exist on site to accommodate traffic generated by the Plaza.
f. That the proposed conditional use is not contrary to the objectives of the current
comprehensive plan for the village; and
Response: The Plaza aligns with the Village's comprehensive plan, which designates this site, on
both the current and future land use plans, for commercial use.
g. 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 there commendations of the planning and zoning commission.
Response: Approval of the PUD will help ensure that the Plaza, and future development therein,
conforms to applicable provisions of the underlying zoning district.
Clients\3 8502\001 \4915-4749-6349.v2-6/4/26
Page 113 of 202
Section 14.504.: Standards for Planned Unit Developments.
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.
Response: Except as set forth in this application, the Plaza complies with the regulations of the
district in which it is located. The Plaza has been in operation for more than 20 years and will
continue to operate in substantially the same manner, except as the PUD may later be modified.
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.
Response: The Plaza is comprised of a mix of commercial and retail uses. This aligns with the
Village's current and future land use plans, which contemplate continued commercial use on this
site.
3. The proposed planned unit development is in the public interest and is consistent with
the purposes of this zoning ordinance.
Response: Approving the PUD is in the public interest as it will allow the Plaza to continue to
serve residents of the Village and surrounding municipalities and allow for the addition of a new
retail/service use on proposed new Outlot 1 C, for which there is a demand from residents of the
Village. The existing uses within the Plaza are authorized in the underlying B-3 Community
Shopping District.
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
Response: The Plaza is bordered by two major roadways, Central Avenue and Rand Road, which
intersect at the southwest corner of the Plaza (the "Rand/Centrallntersection'). The Plaza is
improved with three access points (ingress and egress) —two along Rand Road and one to the east
of the Rand/Central Intersection on Central Avenue —which are adequate to accommodate traffic
generated by the Plaza.
C. Standards for Planned Unit Developments with Other Exceptions:
1. Any reduction in the requirements of this chapter is in the public interest.
Response: The requested exceptions are in the public interest because their approval will allow the
Plaza to continue to operate as it has for many years and will reduce the need for additional
construction on the Property, which could interfere with existing business and on -site traffic
circulation.
Clients\3 8502\001 \4915-4749-6349.v2-6/4/26
Page 114 of 202
2. The proposed exceptions would not adversely impact the value or use of any other
property.
Response: The proposed exceptions will not impact the value or use of any property, but will instead
allow the Plaza, and its existing tenants, to continue to operate and serve residents of the Village
and nearby municipalities.
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.
Response: The requested exceptions will allow the Plaza to continue operating in in its present
condition, with minor landscape improvements identified on the landscape plans submitted with
this application. Additionally, approval of the PUD with the requested exceptions will consolidate
past approvals and existing conditions which will, in turn, promote cohesive future development
and maintenance of the Plaza.
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.
Response: The Plaza is commercial in nature and will continue to operate as a commercial center
if the PUD and associated exceptions are approved by the Village.
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.
Response: The front, side and rear yard setbacks of the Plaza are not less than those
required by the underlying B-3 Community Shopping District or the adjacent zoning
districts.
b. All transitional yards and transitional landscape yards of the underlying zoning
district are complied with.
Response: All transitional yards are compliant with the requirements of the underlying
B-3 Community Shopping District. However, due to existing site improvements and
conditions which limit available space for landscape improvements, we are requesting
exceptions to reduce the requirements for perimeter landscaping along N. Westgate Road
from 589 linear feet to 138 linear feet, and reduce the number of required parkway trees to
the number of existing trees. This is due to the limitations of the Plaza resulting from
existing improvements and site constraints.
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;
Clients\3 8502\001 \4915-4749-6349.v2-6/4/26
Page 115 of 202
(2) All structures located along the entire perimeter of the planned unit
development must be permanently screened with lightproof screening in a
manner which is sufficient to protect the privacy and amenity of adjacent existing
uses.
Response: All side and rear transitional yards of the Plaza are sufficient to protect the
privacy and enjoyment of surrounding properties and will be maintained as they currently
exist following approval of the new PUD and associated exceptions set forth in this
application.
d. The area of open space provided in a planned unit development shall be at least that
required in the underlying zoning district.
Response: The Plaza presently complies with the open space requirement of the underlying
B-3 Community Shopping District.
Clients\3 8502\001 \4915-4749-6349.v2-6/4/26
Page 116 of 202
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Direct Dial: (312) 461-43 3 6
Email: bpenny@mpslaw.com
September 24, 2026
Ann Choi, Development Planner
Community Development Department
Village of Mount Prospect
50 S. Emerson Street,
Mount Prospect, IL 60056
<<' 7
-k : " Aa
Re: Request to Allow Existing Reciprocal Parking and Access Easements in Lieu of
Additional Plat Easement Language — Mount Prospect Plaza
PZ-16-26 (PZZ26-000015)
Dear Ann,
Thank you for taking the time to discuss the plat of subdivision for the Mount Prospect Plaza.
Pursuant to that discussion, and for the reasons outlined below, we respectfully request that the
Village allow the plat to proceed without adding broad cross -parking and cross -access easement
language to the face of the plat. We understand that the Village generally requires such language
when property within a single development is subdivided into multiple lots to ensure that each lot
has adequate access to adjacent roadways and sufficient parking for the uses occupying it. Here,
however, reciprocal parking and access rights have already been established throughout the Plaza
and with adjacent parcels pursuant to existing agreements of record.
First, that certain Easement with Covenants, Conditions and Restrictions Affecting Land recorded
as Document No. 90474272 (the "Walmart CCRs") grants nonexclusive, irrevocable, and
perpetual easements for ingress and egress, parking, loading and unloading, and the use of
roadways, walkways, and related facilities throughout the designated Parking Facilities throughout
both the Plaza and Walmart parcels. The Walmart CCRs also grant vehicular and pedestrian access
for the benefit of both Parcels to Rand Road, Central Road, and West Gate Road. By the express
terms of the Walmart CCRs, these easements run with the land and bind future owners and tenants,
including the owners and tenants of the lots that will be created by the proposed plat of subdivision.
Second, that certain Reciprocal Easement Agreement recorded as Document No. 17194391138
(the "REA") establishes reciprocal parking and access rights among the owners, tenants, and other
authorized users of the Walgreens Parcel and the Plaza.
Accordingly, the Plaza and the adjacent Walmart and Walgreens parcels are already benefitted and
burdened by recorded cross -parking and cross -access easements. Current and future owners and
tenants will take their interests subject to those existing easements. Under these circumstances,
providing additional cross -parking and cross -access easements on the face of the plat of
subdivision would not provide additional benefit or protection to newly created lot owners or
tenants. Instead, overlapping easement rights could create inconsistencies and ambiguity regarding
Page 135 of 202
Ann Choi, Development Planner - Village of Mount Prospect
September 24, 2026
Page 2 of 2 mlP�s 11111,,
the relationship between the newly added rights and the rights and obligations established by the
Walmart CCRs and the REA.
For these reasons, we respectfully request that the Village allow the proposed plat to proceed
without additional cross -parking and cross -access easement language. By way of suggestion, a
condition could be written into the PUD approval ordinance requiring that cross -parking and cross -
access easement rights be maintained through recorded CCRs and/or REAs for the benefit of all
lots within the PUD subdivision. In that way, those rights would need to be maintained in order
to preserve the PUD zoning approval.
We appreciate the Village's consideration of this request and look forward to continuing to work
with Village staff toward a resolution. Please let us know if you would like to discuss this further
or require any additional documentation.
Sincerely,
MELTZER PURTILL & STELLE LLC
Brendan Penny
CC: David Meek (via email)
Michael Allison (via email)
Brian Donley (via email)
Felipe Bosselin (via email)
Page 136 of 202
C
46
J
E
134
136
137
EASEMENTS WITH COVENANTS, CONDMVOSS
AND RESTRICTIONS AFFECTING LAND
#
R. 0
tot
THESE EASEMENTS WITH COVENANTS, CONDITIO%S A,,4 D R ES T R I C T 10,44 S
142
AFFECTING LAND (the "Easement Agreement") is made as :e- -.,,e 28th day of _,Sep�-
143
tember, 1990, by and between MOUNT PROSPECT PLAZA 1-13VITED PARTNERSHIP. an
144
Illinois limited partnership ("Partnership-). and WAL-MART STORES, INC., a Delaware
141-3
corporation (";Va 1 -!640 af t 1. 90474 4Z 7, 00� v,
47
147
WITNESSETH:
148
WHEREAS. Partnership is the fee owner of an approxc= 32.242-acre parcel
149
of real property, wt*_ich is legally eecscrlbed on Exhibit A !-.ereto and made a
150
part hereof and located in the Village of 'daunt Prospect, C,:)--:-.z Cook ind State of
151
Illinois ("'Parcel. 1**). ?3rCel I is improved with an approxi=-2-,_=.-; _193.000-square foot.
152
39-user shopping ce.njer. commonly krown as Mount Pros-:*-1-: ?Azar (the -Shopping
153
Center");
154
WHEREAS. W '-.Nfart is the fee owner of an approxin*a:;_--_-; ,�.126-acre parcel of
153
real property, which �s legafly described on Exhibit B atta&;=_-,_4 7�e_-,_zto and made a parr.
7
156
hereof, and also loica,ked in the Village of 'Mount Prospect. .--f Cook and State rill'
154
Illinois ("Parcel 11'") iParcel I and Parcel 11 sometimes are referred to
153
collectively as tte -Parcels" and individually as a "Parcel"; and tVal-_%Iart
159
sometimes hereinafter are referred to coi:ectively as the "Par*_mesT* znd individually as a
160
"Party");
161
WHEREAS, Parcel 11 is contiguous To and generally no�� Es, of Parcel 1, as
162
depicted on ft.e s.te -'an attached hereto acid made a part herect., _:A,.ibit C (the "Slite
163
Plan"') and wherideve-'c--:�ed by $,Val-.%1art -.%,W become a part of Center,-
164
WHEREAS. WaLl-Mart intends to con-itruct certain 2mp7c. on Parcel 11 as
163
depicted on the Site P:an ithe "Wal-Mart Suilding and Parking D�-*
166
WHEREAS. tea: -'start and Partnership desire to enter irto -Hiasement Agree
167
ment in order to create ar*.-d establish certain easements and conditiors and
163
restrictions to facililate, the separate ownership and operat.-;.ztn :."eir respective
169
Parcels as a singular. integrated shopping center development;
Irk
170
NOW, THEREFORE. for and in cons;,6eration of the ie- fol-Ith above and
171
the mutual easements. covenants, restrictions. and encumbranicers herein an
3
4
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I
cA
19-3
good and valuable consideration, the rece:pet. adequacy and sljff'-c:ealcy of which are
174
heracknowledged, V:e Parties do hereby z-ree as follows:
I -A6
1. Earicipg, Access, and Ingress and EzreZ Ea-sements.
4
a. Grant of Easements. Each party, as grantor. tereby grants to the
179
other- party, as grantee. and to the agents, c�,.stoniers, invitees,
180
livens s, tenants and of grantee. or of any tenant of
181
grantee. a non-exclusive. -i.--_*o.,vocable and perpet-al easement over.
182
thro(, gh and around there NCt.,ons of Parcel I are Parcel It depicted
183
on Exhibit 0. attached t.em-n-eto, and made a par: t ftereof, or such
184
other portions of the Parcc-15 as the respecti.*e rnrwnlers thereof, at
185
their sole discretion, s4l-.aj, fern time to time designate as parking
186
areas, including, but not .'.�_—ited to, those areas on which decked
187
parking may be construezec' from, time to tirre (collectively, the
188
"Park,ng Facilities-) for of ingress a. -Ad egress, parking of
189
motor lb*ehicles, loading an: uriloading of car=ercial and other
190
vehic.'es, and for the use roadways, walkways, and facilities
191
installed for the comfort a:,-' convenience of c-.�!omers. invitees,
192
licenszees, tenants and emp'..DN-ees of all businesses and occupants of
193
the improvements cons --.r to be constructed cn the Parking
194
Facilities.
195
further, to the extent reasonably nece_c'sa'-?- for any of the
196
followling described purposes, ej;:h party. as grawo�% .�-.ereby grants
19",
to the other party,, as grantee. to the agents, cc, n*,:,actors and sub-
193
contractors of grantee and io .*.-.e employees of any of them, a
199
non-exclusive, irrevocable and -e.rpetual eases en! o,,w, through
200
and aro4,jnd the Parking FaciLtr'.'es of their resPec!..,e Parceis for
201
(i) access for motor vehicle a:,%-J -edestrian trafL'c ro and from the
202
Parties' respective Parcels fnz�:'_ and to the Dubuc rr,-"adways com-
203
monly known as Rand Road, Cen cat Road and West Gate Road and
204
00 ingress and egress of trvv;zs. equipment and ot!%e,- •10"ehicles dur-
205
ing the periods of construe tion of improvements on each of the
lb
206
respective Parcels, as well as &_--i.-g any periods of. 'laintenance,
207
repair, alteration, addition, re.-jo-.-at*.;on or restoratioa rilf, any of said
208
improvements- provided, howe,',e.. that such ease —En? grant shall
6
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Ilk
QL
'AAA
210
be for only such penot t= time as is reasonably necessary to
211
accomplish the intended and further provided that at such
W
time as the improvements. cn either Parcel have been completed
213
and all or any portion of T`.kee improvements on such Parcel are open
214
for business to the public, nei*rer grantee shall, in the exercise of
215
the foregoing ease.ment unreasonably interfere with the
216
business being conducted on -,,--.e grantor's Parcel.
219
b. Limitations on Use.
221
(i) Boundaries. The -A'e!5-e:,n boundary of Parcel I is con-
222
tiguous to the easte!-.n ':)cundary of Parcel 11. Except
223
as sh.own on Site Plan. :":either Party shall construct a
224
barrier, curb or ----.Iprovement on the boundary
225
between Parcel I and Parcel If which would prohibit
126
or prevent 0) ingress c�* egress to and from Parcei f
227
from and to Parcel 11 ::-; -rotor vehicles or pedestri-
2) 2 3
ans, or {it) access to ;a:-:d from Rand Road, Central
729
Road and West Cate R,:adj from and to Parcel I and
230
Parcel 11.
231
(ii) Customers. Each Parr -. --all use reasonable efforts to
132
ensure that their customers and invite
233
shall not be permitted :o -ark on the Parcels. except
234
while shopping or business on Parcel I ote,
2.35
Parcel 11.
23S
(iii) Employee P40ang. E_,ac-_ Party shall use reasonable
234
efforts to ensure that -E-=;,'oyees of the businesses
233
conducted upon their rive Parcels park their
233
cars in tte those porrii,-ns w-,f the Parking Facilities of
24)
such Parcel which are "-:� furthest away from the
241
then ex_'%ting on each. Parcel. as
242
depicted on Exhibit D at sra�.-ed tereto.
•
243
40 General. Any activity c--nd.;cted upon the Parking
241
facilities. other than thase =x-ressly permitted under
245
this Paragraph 1, shall be ;,�-Es*,rnitted so long as such
246
*r
activity shall not interfere with such
1
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pri.mary purge. Persons using the Parking Facilities
in accordance *-%-ith this Easement Agreement shall
WT to charged any fee for such use.
Pa-rki!X Ra,tio, Nlaintenangq,_Angj�� .
a. Parking R a tio.
Q) P )9- _Argg_Rk:i_o. It is understood and acknowledged
that the number of parking spaces currently located on
Parc*l I and, following the construction of the
Impmvernents on Parcel 11 as depicted on the Site Plan. on
Parcel U shall exceed the number of parking spaces cur-
rently required to comply with parking requirements under
a pp 11 c a b.e zoning laws and ordinances for such
improvements and that the parking spaces located on Parcel
It above. together with a portion of the spaces located on
Parcel I not required for the Improvements constructed on
Parcel I. shall be suf f icient to cause the Improvements to be
constructed on Parcel 11 to comply with parking
requirements and zoning laws and ordinances. See Insert
NOD on Page V A K
(ii) Relocation. Notwithstanding the provisiors of sutpara-
izraDh 2(a)(D above to the contrary. either Party may relo-
cate, expand or make changes to the Parking Facilities
located on their respective Parcels, at its sole cost and
experse, at any tirne, provided that such relocation. expan-
sion or change (i) shall comply, with all applicable laws,
statutes. ordirances, rules, regulations, codes and recorded
restrictions, (ii) shall .rot reduce the parking ratio set forth
P,ir;ao,ranh horr-rJ anti Iiiii shall tint ntl-orwfc�p 1:ir)1.1tP
the provisio,.-s set forth in Paragraph I or this Paragraph 2.
Further, any relocated, expanded or changed Parking Facili-
Xlok
ties shall be located 4jttdn the buj M.aries of the applicable
b
Parcel. NotwithstandUrg the foregoing. if the Parking Facil-
ities are so re'.ocated. the Party causing such relocation will
grant to the other Party a new easement substituting the
Ih
_A*- AL -a t616%CtVA4hi
"'U I- , at%1 A,tV&$a asx;m-
sated for Ute prior e&se—,.eat area, and such other Party will
0
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1202 I.-.-:.ert NaXi) on Page 4.
1205 PartrR-ship agrees that, at all times durirg tte term of this Easement Agreement, it
1206 *^-ill maintain no fewer than six (6) parking -aces for each one thousand (1,000) square
1207 feet of rentable area of improvements located from time to time on Parcel 1. whether
1203 su-M parking spaces are located in surfaces '.ats, parking structures or in any. other
1209 rneans or combination. Wal-Mart agrees ttar, at all times during that term of this
1210 Easernent Agreement. it %-ill maintain on Pa.-cel 11 substantially the same quantum of
1211 parking spaces as are depicted on the Site P:
36
37
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4W,
r -
i) t�
ems`IL
4W,
41-
1W
276
release the existin-g easement in accordance with tte terms
277
of Paragraph 16 heirect.
R. 0
230
b. Maintenancv.
282
W
Standards. The Parties shall maintain in a clean. sightly*
283
safe. unobstructed. good and usable condition and repair that
284
portion of the Parking Facilities located on their respective
1)
0--1 rfv40c 4ziid%h 'oz rn inelix-le withnitt lirnitatinn
is
236
the following:
288
(a) Maintaining t,',.e szurfaces in a level, smooth and
289
evenly -covered cordition with the type of surfacing
290
material origina:ly installed or such substitute as shall
291
.A
in all respects be equal in quality, use, and durability-,
292
(b) Removing all pa;ers, ice and smw, mud and Sand.
ri Pnr-4c fitth nrij i-oriica !%nri thrir"terhly cwcLaning the
294
area to the extent reasonably necessary to keep the
293
area in a clean and orderly condition;
296
(C) Placing, keeping in repair and replacing any reces-
2941
sary or appropriate directional signs, markers and
2133
2�9
11 r. es;
(d) Operating, keepirg In repair and replacing, l-,ere
rxp^pcc:irL- citexh -Artif?^iij lirthting far-ilitiAC Ar. <h;III hA-%
3131
reasonably required:
3,3,7
(e) Maintaining all pe,-"imeter and exterior building walLs.
3-3
includirg, but not 4:7,i'red to, all retaining walls in a
31-.14
go-od condition ai-A state of repair-, and
3
(f) Maintaining, 'needing, trimming and water-
. . . . . . .
3
ing all landscaped a.,--aas and makirg such replace-
arA nit -or Innticn2nina 2C is, recessary-
13:9
QD
Coo w tion. All relocation. maintenance, repair and
ma
310
replacement of the Nrki.ng facilities shall be made so as to
311
interfere as little as practicable with the rights granted to
312
the other Party pursuant to this Easement Agreement and
313
with the operations on each Parcel of any of the respective
Am F
314
owners thereof or their emp*.oyees, agents, tenants, invitees
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lit 1IN't
'A
316
or licensees. The Partie-s use CverY effort to coordi-
317
nate relocation, maintepanoe. repair$ and rep*.,acernent so
318
that the portion of the Parking Facilities located on Parcel 1
319
and Parcel 11 shall not t)e obstmeted at the same time and
320
each Party shall give reasonate prior written ►-*tice to the
321
other Party of its intention to undertake si�ch relocation,
322
maintenance. twair and replacement. The Parties shall
323
conduct repaving of that pottion of the Parlor. Facilities
324
located on their respective Parcel so as to provide a smooth
325
surface between the Parcels.
326
(W) EAMnses. The Parties shall pay all costs and expenses to
327
relocate, maintain, repair or replace that portion of the
328
Parking Facilities located upon their respective Parcels, as
1499
wP11 ;tq tha.;P_ eo;r& And PxnPr.-7x_�.N- which mat ;irii;e in eonnpe.-
330
tion with subparagraph 21 bX iv) ereof.
331
GO Failure to Maintain. In the event of an emergency requiring
332
relocation, maintenance, replace rent or repair of tf.e Park-
333
ing Facilities, if the party *^11-D is responsible for such
334
maintenance or repair does not undertake the same 6-ithin a
333
period of time which is reason3tle under the circuTstarices
14*19
or it dries not appear that qw%h Part%: Athn is rP-qnnrcih1P -will_
337
or will be at)le to, undertake such maintenance or repair, the
338
other Party may, at its option, perform, such maintenance or
339
repair and pay any and all ectsts and charges &&scxiated
340
therewith.
341
Subject, to the provisions of Paragrapl 4 hereof, in
342
the event that a failure by either Party to relocate« znain-
twin ran1::kr*o nr nonair tho nnrrinn rif rf-,a Dnrkira 9*:3c+ilitifl<
344
located upon its respective Parcel« as such Party is required
345
to do pursuant to this Easement Agreement, results in a
346
material interference with the rights granted to the oti.er
114
347
Party by this Easement Agreement, or, with the use or oper-
343
ation of the other Party Parcel or the jmpro,..et tints
349
located there -on from time to time, but dk)es riot result in an
6
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emergency, the other Party may notify the Party in default
352
of such failure in writing. In the event the Party in default
353
fails to remedy such default within ten (10) days after
354
receipt of such notice or, if such default cannot be cured
355
within ten (10) days, in the event the Party in default fails
356
to commence the cure of such default within such ten (10)
3 77
day Period and to diligently pursue such cure to completion.
358
the other Party may, at its option, subject to the rights
359
under Paragraph 8 hereof of the holder of any mortgage,
360
perform the Obligation -which the Party in default has failed
361
to properly perform hereuneer and pay any and all cots and
362
charges associated therewith.
363
Pursuant to Paragraph 14 hereof, upon the occurrence
364
of any event described in this, subparagraph 2(b)4iv), the per-
J Z)
.16-
forming Party shall be entitled to recover from the other
366
Party the charges, fees. costs and expenses incurred by the
367
performing Party (including. if the other party is in default,
363
reasonable attorineys, fees) in connection therewith if the
369
obligation is one which -.,as to have been performed pursuant
370
to this Easement Agreement by the Party in default at its
371
sole cost and expense, ircluding, in each case, interest at
372
the Default Rate of lnte.nesl (as hereinafter defined) from
373
the date of payment. S,-,.ch charges, fees, costs, exper6es
374
and interest shall be paid by the other Party within thirty
373
(30) days after receipt of a statement thereof from the
376
performing Party. For ti-e plxposes hereof, the term
.3-7
"Default Rate of interest" shall be two percent abo-e
378
the per annurn interest rate announced from time to time by
34-9
Citibank, N.A. in ";ew York. New York as its "prime" or
380
-base,, lending rate; or, in 01'.e event that Citibank. N.A.
381
ceases to pub],Llsh or anno.-ce such rate, the per annum
382
interest care publist-ed fronn time to time as the "Prime
383
Rate" in the -Morey Rates- column of The Wall Street
384
Journal.
6
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;ZALFi
MONO
Each Part, which performs any relocation, mainte-
nance, repair or replacement of the Parking Facilities IBM #1
R.0
located upon the Pa: cel to wtilch the other Party is fee
owner and benefiting its own Parcel. shall restore the area
affected by such re.ocation, maintenance, replacerrent or
repair to the condition, existing prior thereto or prior to any
damage or disrepair necessitating such maintenance or
repair, and any failure to do so s�,1.311 give the Party which is
fee owner of such Parcel the r.ghts of a non-defaultirg
Party pursuant to this Paragraph 2.
C. L timne. Wal-Mart herety covenants anti agrees that all exter!or
fighting located on Parcel 11 shall be illuminated at least during all
hours when the exterior lighting located on Parcel I is illuminated,
but in no event, later than 10-:00 P.N.I., un.,ess Partnership pays for
LAy Faci4tLm
a. Grant of Easement. Each Party. as grantor. hereby grants to the
other Party, as grantee, and .,,j rine agents, irivitees, and emp'oyees
of grantee. or of any tenant of grantee. and to the puVl.c or
quasi -public utility companies wf-.ase facilities may now or t+.e*reaf-
ter traverse Parcel 1 or Parcel U. incluc;r-g, but riot limited to.
those easement rights granted to Public Ser. Ice Company of NorthyR
-
ern Illinois, Northern Illinois Gas Company. thinois Bell Teleptione
XI
a Company and the Village of Company, Comrnonwealth Ed��,
Mount Prospect, and their succesz-zrs and aszsigrs, a non-excl�si,.-e,
irrevocable and perpetual ease�ent on. under and ac.ross ilia
certain utility easement area .--.ore particularly described on
EX1,11" a traePed hereto anm;ai d ce a part r.e-euf, for the purpc,�se
of the insiallation, maintenance, repair ared replacement, If
required. of all subsurface lines and conduits for watermains, sani-
tary sewer lines. storm sewers al-xj related access-ory facilir!es
together with all surface storm water detent.-on areas, includirg,
but not limited to, retention ppo.-.,ts exsting or to be constructed
L within any part of their respective Parce'sb (collectively,
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"Utility Facilities"). Ite foregoing shall tie pe.rfo.rmed. or caused to
yy
be performed. by the Parties as expeditio(is:ly as possible so as to
I Sm %I
minimize interference with the use of the or..ter Party's Parcel.
R.0
including, but not firnited to. the rights granted pursuant to Para-
graph I tereof, and the applicable Party shall restore, or cause to
be restored, the area of the Parcel affected by tie Utility Facilities
to a condition as zood as or better than that existed prior to
the aforeirentioned activities.."
W C �ti- Each grantee shall have the right, at its
sole cost and experse. from time to time to make, or
to cause to be made. and install water taps, sewerr.
connectors, stuff. laterals and feeders c-o4nnected to
and extendirg from the Utility Facilities. provided
AW
with all applicat'.e laws, ordinances. rules and
regulations.
00 Relocation. Each vantor shall have the right. at its
443 sole cost and expense, to relocate. or to ca--to be
444 relocated, any Utilitv Facilities situated in its Parcel,
445 provIded that such 4-elocation shall comply -.%-ith all
4 G 11 W4 a Z ata Lt;-:� UAUtIJC1AIVq::;Zv tU*Ir;�, A%;;SU Q applical-le st—rut—, ordinftnc-
447 tiorts, eccies and recorded restrictions-, P. !iow-
448 ever, that if such Ctiiity Facilities are so re.ocated,
449 the Party causing relocation will grant to the
450 other Party a new .-3Ljement substituting tie new
451 easement area to ,vtiich the Utility Fac-'..'ties are 452 relocated for the prior easement area, and s~. ch other
453 Pariv -evil! retea-SC U-.e eXlsllllg
454 dance with the terms of Paragraph 16 hereof.
4535 Repgr ar4 �IaZintenance. The parties hereto agree to
45 6 install, maintain, reps.--, replace and resto.re, or to
457 cause the foregoing to occur, at its sole co6t and
458 experses. the Utility Facilities, or portion hereof
t
459 situated upon its respective Parcel, in a sa.fe and
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secure cle-rdition in 3r.Ce with all applicable
I aws. regulations 37*d ordinances. Iristallation,
main :en-3nce, repair. ne;iacement and restoration
shall but are not li.rnited to, rodding, trench-
ing. c.eanir.g, and grass as and when required.
9_CKV_eMt10n- All relocat-..-_.'-, r.naintenance, repair and
replac*-m-ent, of the Utilizo; ti Facilities shall be made cn
as tO inerfete as little as ;-racticable with the rights
granted to the other Par!.-; pzirsuant to this Easement
Agrec-7-ent aW vqith the ci:erations on each Parcel of
any of wte respeeti,16-e o-oiners thereof or their
ernp.loy, agents, tenarus. or licensees. The
Parties S all use every effr:tr to coordinate refxsca-
the poi trin of the Ui.4il:,; Facilities located on
Parcel I ard Parcel 11 shal- .-ot be obstructed at ts'-.e,
same tirne and each Party Stall give reasonable Prior
478
written -.07ice to the ot),-%- Party of its intention to
479
undertapke such relocation. maintenance, repair and
480
replace,*,,,e_.r.t.
481 (v)
Exmnses- The Parties �' a],J pay all costs ard
482
experz-.es *-o relocate, main*.3u:n, repair or replace it -at
483
portion of the Utility located upon or their
484
respecii-;e Parcels, as those costs ard
485
experses may arLsa n connection with SLbr-
486
paragrap!,4 3.1 a.-Ivi) hereof.
487 (Vi)
Failure to Maintain. In e--'ent of an ernergef"C...
488
requiring -,e_c-cation, replacement or
489
repair of Utility Faci;'i!_'*.es. if the Party who
490
responsible for such maintena.!-ce or repair does rot
491
undertake. or, cause the same zo be undertaken, ute
tz
Ift'41
W
492
same -h-ith:n a period of li---e Which is reasonat:e
493
under the eircumstances oz- i", does not appear ttiat
494
such Party -o-ot:o is resporsit:e will, or will be able to,
6
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514
516
5 17
513
519
520
-321
522
or
underta'<e such maintenan-!,e or repair, the otter
Party at its option. ;r---.rjrm such maintenance
or repLor and pay any and z--- ersts and charges asso-
ciated t2erewith.
pn:% ztors of N��tiect to the Paragraph A
hereof, i,-i the event that a by either Party to
relocate. anaintain. replace =�r repair the portion of
the UtJry Facilities on the ?13rcel to which it is fee
vovner. as such Party is to do. or cause to be
done, p-.---,jant to this Ease=.-ent Agreement, reslults in
a mateL interference wit.~ --.'"-e rights granted to the
other Par -Ly- by this Easerrenr Agreement, or with the
use or :>Deration of the Party*s Parcel or the
impro,."e:7ents located there--,r, fi*om time to time, but
does not result in an the other Party may
notify the Party in default c.-I s;;ch failure in writing.
In the ---"ent the Party in ck--r1;",t fails to remedy such
default w-it-I-.in ten (10) da-,after receipt of such
notice rar. if such default cs=-ct be cured within ten
(10) days, in the event the ;-arty' in default fails to
commence the cure of stew-t tefault within such ten
(10) day oeriod and to dilige--.-i pursue such cure to
comp7.e!ic,n. the other Party =-ay, at its option, slub-
ject to ite- rights under Pa-iv3ph 8 hereof of the
hol(,.Ie,,* of, anv lien, perform ---e obligation which the
Part), -'n tefault has ri-3 P
roperly perf or.r.m.
herewnrner Ind E)av anv a:*":: aA4! costs and charzei
ited t.-.eLrewith.
PL��-.:ant to Paragrap:-. 14 hereof, upon the
ence of any even described in thi-Sp
WaXvi), the pe::-'.---rmJIng Party to
�d to recover from the r--ter Party the charges,
.its arA expenses by the performing
e%i t"o- et w- A; r-e%,e% Ity r%r- i r---;- I %,- I i n Mi itii ner if t )- el
V--I L I . G & %AJL L W—%- aij %0 A A A V— &,y % & K A Ik. 4 %ANA 4 1 FL., 44 4.A W-
W
EMA
7�Z
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-----------------
531 otfet- Party is in reasonable attorneys' fees).
532 in c%innection there*o%rith if the obligation is ore which
533 was to have been performed pursuant to this Ease-
534 m e.-At Agreement by the Party in default at its sole
'35
cozzt an.4 expense. in each case. interest at
536 me Default Rate raf Interest from the date of
537 payment. Such charges, fees. costs, expenses and
538 interest shall be paid t-#-9 tf.e other Party within thirty
539 (3,)" dares after receipo. of a statement thereof from
540 the pe.-forming Party.
541 Each Party wftclh performs, or cau-ses to be
542 perfo.-med, any re'6ocat.;on. maintenance, repair or
543 replacement of the Ctiiity Facilities located upon the
544 a Parce., to which the oti-.e.- Party is fee owner and ben-
545 efitj'r:g its own Parcel, shail restore the area affected
546 by s7�:ch relocation, maintenance, replacement or
54-7 repair to the condition existing prior thereto or p.-lo,-,
548 to any damage or disrepair necessitating such mainte-
549
nary or repair, and an,^,; failure to do so shall gi*.,e the
5-o
Party which is fee owne.- of Such Parcel the rights of
551 a non-ldefaulting Party, ;x.;r,-,-Lant to this Paragraph 3.
'53 a 4. Form Majeure. If ether Party hereto fallis to perform in a timely ma.n.Arer
554 any of the obligations to be performed by such Party ;-,neer this Easement Agreernent,
555 and such failure is due in whole or in part to any strike. lockout, labor trouble. civil
556 cam -.order, irability to procure mate:'ials, failure of ;vc,;,ver. restrictive go,.'ernmental iaws
,557 ard regulations, riots, irisurrectc.--s. war, fuel st.o7oages, accidents, casuaitles. acts of
5 -0 a God. acts caused directly or by the other Party (or such other Party -s empiloy-
aso
559 ees, agents. licensees, invitees or concractors) or a, ore.er cause beyond t:.-e renab!e
560 control of the non-performinq Party, then the non -performing Party shall not te
561 deerned in default hereutrvder as a result of such The foregoing shall not excuse
5 '62 any failure to make any payment of -roney in a tirne'y manner.
563 Neither Party shall be liab',e in damages for a.n-; interruption of utility services to
%J
564 P'.e Parcel to which the other Party is fee owner w!n,*Xtri may arLse out of or be caeca-
5 65 --oned brarelocation. maintenance. repair or replace..--.ent of the Utility Facilities unless 7
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567
such interruption of se-1vtc,-A -esults from (te or willful misconduct of such
568
Party.
IBM I
569
5. Construction at gal -Mart BuH4LM_ar4 Parking Lot. (a) Wal-"Tact hereby
570
covenants to construct the w3�-Nlart Building ane- ?,asking Lot in a good and workman-
571
like manner. in SLtStantia.' compliance with 'Ine- and specifications for the
572
%Val--Nfart Buildirg and Park'�'7g Lot as have been by all required governmental
ft.. * 1-0% .' 9 1 ele- -*r%A D--irL-%*r%Pv T zi, -ill mxhnt tlhm of -AnA
V A %P
57A 4
AMU L94V& A V4%-,J- A AA%, RRGAA .'A"4k V *.T--A "4 " 46 W4 "44#5, 4..'d . .;A Wa a'- a VAR 16A*Av
Wal-Mart shall obtain, ail c----:-,ificates, licens,-. permits, consents or any
5 7 a'
other documentation require:: I.-y all, applicable ,*Iations. rules and ordinances
576
of all governmental bodies ha7t�-g jurisdiction over ?.a.-cel 11.
577
(b) (See Page 13AI.
579
6. Indem nil ica fim,L-sura nce.
581
a. tn&trinificaton. Each Par,,.--a-,-.-e-by indemnifies and saves the
5- 8 2
ether Paznarmless, from z--,- against any and all i.'acility. loss.
583
damage. expense reasonable attorneys' fees).
534
causes of z--cton, suits, clai.r---i. --c udgments arising from personal
585
in -Jury. or property anal arising out of or resiAiing
a
from, o.- --*---:--,rring on or frc--. t-i,,xh Party's use of its Arespective
581,
Parcel pent to, or exerc.� of its rights granted !',nder. this
583
Easement :z19ernent, except by, the willful nnlzsconduct or
539
gross neglirsnee of the other nereto.
b. Insuranm
593
0) Eact Party shall proc-.— and maintain in full force and
594
throughout the of this Easement Agreement
-53
gen--:%7I.- public liabilit.*.- -:.SL-7ance. including mntractual
5 i
13 and property s-;-m-�i-e insurance against claims for
59
iniury. death o� damage occurr4-g upon, in
J
its Parcel, eacn ir,5urance to affG7d protec-
t o.-. i an amount -,-s- ess than One %TilLoi Dollars
coo
f l R -.;.-.'.'ri0.00) combine-� limit per occurre.-ce or such
601
-'--mit as the oft.e.- ?.a.ry may reasonably r-I,est and
G02
pmoc---s for its own po.!.�c!-. oi- as required by any A-i-ortgagee
603
.3 mortgage from !.,il--ne to time secured My either
604
Pa.r:7s=-:*-!:-.hip's interest in ?;i,cel I or Wal-Mart's interest in
C 0 -5
Pa.rc-- H. Such insura.-:e gal,.be written b*; additional
6
7
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Or
1154 Insert 5(b) on Page 13.
-%7 ihi Pt%rfjnr-vz rif -:1-P Park-inrAcjj-,T-z< anti rwitv Facilities and relate :'.9K —_7
1153
improvements contemplated by the Site P12.-. 34-xd the Utility Plan are located on
1159
Parcel I (the -Parcel I Irr p.rove men ts-). Wal-'.a.-r ssball commence construction of the
1160
Parcel I Improvements p.-c---ptly after comrnen-c�-.-ent of the construction of the Wal-
1161
Mart Building and Parking Lot, and* once cc-----7ner.ced, Wal-Mart shall use its best
!L"%
%? 4
elffvortzs •to COMT11-fe the ---t-on of ♦thelk 13-1-c-el I Irv% p-1-1--ents wits-r- interrupittion
C; 1, V� L i 11U %.-V- &Z . & %Al- t &%J1 I V1 A VU & C2 . %"U4 & & AA & F I %J V W;; 0 WU A I La W- A A iI.P.0 W 19 A t IC A
1163
and in the shortest p,#,ac*.4Acal time. Wal-M27t is hereby granted a temporary
1164
construction license to ente.- onto Parcel I and pe,-forrn the construction of the Parcel I
1165
In, provements. provided that Wal-'.%Iar[ shall notfy Partnership not less than ten (10)
1166
days prior to Wal-.%Iart*s in�ttal exercise of its ':gam tag under the license hereby granted,
1167
and provided further that W:3:-.Ntart and %Val-.Marts employees, agents, contractors and
1163
subcontractors shall comply in all respects all reasonable rules, and conditions
1169
which may be imposed by P;'rrnership in Connec�.on ovitn such right and license. I'Val-
11-40
Mart hereby agrees to Parine:'ship that the Parcel I Improvements shall be constructed
117{1
in a good and workmanlike Manner. at Wal-Ma.-t's sole cost and expense. and in full
1172
compliance with all app"=cable laws, regu:at:ors, rules and ordinances of all
11 63
6-0to-ernmental bodies having 't;risdiction over Parcel I Improvements. Wal-Mart
117 4
snail be resporLsible for ot--aining all certific-z:=-,<-4 licenses, approvals. permits and
11, 5
consents related to the Pa7cell I Improvements, in.cluding those required by utility
1176
companies and all goverr'.t-ental bodies hav,7g ,urisdiction over the Parcel I
114 4
fr-rprovements. Wal-Mart stall indemnify, defend and hold harmless Partnership and
I 178
Partnership's partners, rro.,,:!-&agees, agents, Wfficers, successors and assigns (the
1179
"Inde -.4nitees") from and aga-inst any and all loss. cost, claim, damage, lien and expense
1130
reasorable attorn-e-s' fees} incurred t--: or asserted against Parcel I or the
1131
lnde:nni tees in connection w-ith the Parcel. r Improvements or the temporary
1132
co%struction licerLse hereby, gr-a.nted. In the eve.-,'! *,;,-at any lien shall be asserted against
1133
Parcel 1. Wal-Niart shall im.-.'.et:ately pay and satin; sA;eh lien or obtain for the benefit
1134
of tt,.e Partnership and any !enr secured by Pa: cel. I a bond or other title irsurance in
P
I M'
for and substance satis'Jactc%-,; to the Partnem-',-�D at"A such lender protecting against
"b
1186
da.m..age or liability arising fro-m -,-,uch lien. Wal-Matt shall further obtain e*,;idenee of
1137
ir&5irance coverage against pe.-sonal liability and prcperty damage in such amounts as
1183
Partnership shall reasonably
33
34
35 EFDO180 09/25/90 1010 13W
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624
625
626
627
623
629
63)
631
632
633
634
615
636
6 3
633
633
6 41
C
A
f,,n any master po'"kcv of insurance
c37r:ed by either P-7--i ...ii,Ach may cover otl%er property in
add.ton to its Parc*-. cr.,,;ered by this Easement Agreement,
that the re-:1-.rements set forth hereirs are other-
w::,e Satisfied.
(ii)
At 3.,1 times during —AZZ rerm of this Easerrent Agreement,
r,,,",,,y hall keer a'!"Ll then exiLvIng 1111 pl-vvt�lli�n I's V11 Itb
Pa:cel insured agairis: _'r.6s or damage by fire and other perils
and e,;ents as may 5_= --.-.s,,jred against under the broad form
of Uniform ExtenJ�;f C,,-.erage Clause in effect from time
io ti.--.e in the State C".' L_inois, with such irsurance to be for
t te 11 replacemenr of the insured im.proveinents.
of iro-urance f-,-;'.ded for in this Paragraph 6 shall
n=e Wal-Mart and P-_:;:ership and their respective agents
and e.-Ployees as additional insureds as their respee-
tive '...,iterests mav Isubject to rights of any irLstitu-
tio,na. first mortgagee-- -^tose interest is secured by either
Pa�!.-err,ship's interes: ��_ Parcel I or Wal-Niart's interest in
P?.:,cel 11) and shall :7:.-.de that the same rnav not ),-,"e can-
ce ed for any rea:, 1ir.cluding for ron-L)avrnent of
Pe�i.-jm(s)) %rithour. (30) days' prior written notice to
tie Party, a-Y-4 = r y of the Parties shall provide to the
from time to certificates evidenci.,-g the fact
tta,4 iz:-ch insurance == --een obtained a,r,.d is being main-
tn full force an: =_ffect.
(iv)
for it -,,*elf _s property irsurer. he:~eby releases
and Pam=_i_r-77S)7d0. for '.ISeif ard 11.5 property
hereby relea.:-,�- from and agairzt any and
-er
ali c.'22ims. demands. or obligations whatsoe,'. for
d>_-_ge to each whe.-S :;-*%-_perty or loss of rents or profits of
tz
ri
Wal-Mart or P_a_--.-e—_-ftip resulting from. or in any way
cw,neered with, any or other casualty whether or not
sue fire or other shall have been eaend by the
nea.-zence or the negligence of tte Party being
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or
642
released or by any agent, associate or emplo-yee of the P,3rty
643
being releassed o.- of its tenant, this release being to the
644
extent that suc!, damage or loss is covered by the property
645
insurance which the releasing Party is obligated hereunder
646
to carry, or, if Me releasing Party is not carrying that insur-
647
ance, then to z".e, extent such damage or loss would be
G 4 rol
cover il-e M.'easing rdUty AUFtf V431 L�,IIIY, ,,6k:jj jjrjSUj_djr.jUt:;
649
provided, hQWeVe7. that such release shall be valid only to
650
the extent that it Goes not invalidate any irsurance policy
651
obtained by such releasing Party.
652
(v) Notwithstanding -af-ything to the contrary contained in this
653
Paragraph 6, p:*r,,;-Ited that the net worth of teal- Ntart shall
654
exceed One Hurd_-ed Million Dollars (SIOO.000.000.00), ard
635
further provided tftv Wal-Mart remains fee owner or lessee
656
of Parcel 11, %Va,A-Mart shall have the right to self -insure
657
660
hereunder.
7.
662
Eminent Domain.
a. Owpe F2 ht�-to Award. ";othirg herein shall be construed to give
663
eitter Party any intermit in any award or payment made to the
664
other Party in connection with any exercise of eminent domain or
663'
trars,4er in lieu thereof affecting said other Party's Parcel or giving
666
the public or any governzient any rights in said Parcel. In tt.e
667
e*?.,ent of any exercise of e:n1i,.,ent domain or transfer in lieu thereof
669
of any part of Parceis I or 11 affected by either the Parking Facili-
669
t4es or the Utility Facilit:e—z. the award attributable to such portion
61-0
of t**.e applicable Parcei S!,:ail be payable only to the tee o*-,vrep SJ
671
tt:e.-eaf.
67 2
b. Collateral Claims. All Lp3rt*.es,. other than the lea. ties. claim-
673
i.r-g a fee interest, lease-.�-J.'d ;interest or otherwise, in the Parcels
674
mav file collateral claims- ,%Lth 0-le conodernning autt,,.ority for their
675
re-<Pec rive losses which are separate and apart from any claims for
.1
OL
676
loss of value of any inter-isin the Parcels made by tl-.e Parties,
677
prop i'eed that such collaze.,-ai claims do not reduce the amount of
6 "AT 8
any ward granted to tt.e
6
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t) V U
"4100
-&01
7 02
703
704
7 0 a'
-406
707
703
Tenan.tsC!jjcn. Nothing in this Paragraph 7 shall prevent a tenant
of prern:ses �_-,cated on the impro';errents constructed upon Parcel I
or Parce: Z ffrom time to time, from making a claim against a fee
owner P.:rls-a.-,t to the provisions of any lease between si,*ch tenant
and such. owner for all or a portion of any, sL:ch award or
payment.
A 0 r'J Tke% of e%f tl-.e% 0,irppVt- err
a 1% •%X& 41 WIS & fl-W 4 W". 8 %&%„ %J %J& C714.Y tpw# % s w a s W& tt,L; L CAL
conde--n7)--_)K_4 R-. all promptly repair and restore the remaii- i^g portion
of its Parcel as nearly as practicable to the condition of
the s3—me -.:=ediazely prior to such condemnation or transfer;
provided t!, -1 : ^e net proceeds of Such award are suf f icient to pay
the cost of s:_ctli restoration and repair without cont.n.tution from
the otte! and pro,larided, further. that the owner 01, the Par -
eel to be :'es-c-red can, in its reasonable judgment, aiter S_:cti resto-
ration. ope:,-R-e in an economically feasible manner on its Parcel.
Rights and �VtJiccs of Lenders.
.3. If by virt,_-e --f -3ny right or obligat'.On set forth herein a shall be
placed upon .-.e Parcel of eitiller Party hereto, sueh '..'en shall
expressiv t* S._:)ordinate and inferior to the lien of anv fi.'*st mort-
gagee now c-7 ---t-reaf ter placed on Bch Parcel. Except as Set forth
in the sentence, however. any institutional It.3'.ter of a
first r-n Parcels I or 11, arA any assignee or s-_ccessor in
interest of _;�_-_-n first mortgagee, S",.all be subject to the verms and
co4nditio.-s c.." Easement Agreelnent.
Each Pak t*vl- agrees to gi,**e the holder of any 7-c--A![gage to
which V-1--n� o ivned by the Whet- Party is subject, 'C_y registered
3 y n f anv nciTee or claim of defau** 5eeed by
o - e e r t i- f i a co-L L
the Party such notice -.,,pon tr.-e other Party, pre*;-Ied that
v
prior to ss,,..c.-. :--c.:ice the Party givil-g such notice has bee'- notified
in writing of _-ne name and address of such mortgagee. Each Party
further ag.rees -nat it the other Party shall have failed to cure any
default pertinent time period permitted in aceordance
%-ith Paragr_::,-4-.s 2 and 3 hereof. thee: the holder of any rr. ortgage to
thtl Lai#
3-1 1010 16
mi
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I
.0
most,:
AOL
718
3,:..-'*:onal thirty (30) days within which to cure or correct such
7 19
deft- It (or if such default cannot be cured or corrected within that
"i 20
then such additional time as may De necessary if the holder
721
of _:,ch mortgage has cominenced within such thirty (30) days and
22
is %,'_`.:."gently pursuing the remedies or steps necessary to cure such
23
6ef --,%,it. including the time necessary to obtain possession if pies_
-024
sion :s necessary to cure or correct such default, but in no event
7 2 3
rr.o-.e than an additional forty-five (435) days).
:26
Arty mortgagee with respect to either Parcel shall not be resportsi-
227
ble for any amounts incurred or becoming due under this Easement
Agree:nent prior to a foreclosure of its mortgage or a transfer of
229
tCe fnrerest of a Party Lereto in a Parcel tosuchmortgagee in lieu
4-31)
of 1.1o.-ec.losure, and its liabilitv hereunder in the event of such a
-.3 1
fore c-!osure or transfer Sr�311 exist only so long as such mortgagee is
37
the of a Parcel and shall not continue or survive after f ur-
-433
the: transfer of ownership; provided, however, that such mort-
4-34
gagee Shall not be released from any personal liability for any sums
733
due
aJ
b. Tt-;,e ?artnership and Wal-Mart each covenant and agree that,
37.
'Ait."uri ten (10) days of written request from the other party hereto,
3 i
it wi-14 execute and deliver an ameMinent to or restatement of this
-34
Ease: neint Agreement which may be required by an irwitutional
first mortgagee of either Parcel or any portions thereof as a condi-
-41
tion :o such mortgagee's corLsent and subordination hereto, pro-
742
vided that such ameridment hereto or restatement hereof shall not
,43
increase the burden of this Easement Agreement on the
-.44
Parcel of the varty requested to execute such amendment or
-45
restatement or materially impair tte rights of such party
70'5
here nde r
A -
9. N o ti c s4 A iI A otices and other communications given pursuant to this
49
Easement Agreement shall be in writing and shall be delivered personally with a receipt
t�
:-equested therefor, or by confirmed facsimile trarismi-csion, or sent by a recognized
451
we'ernight courier service c-r by United States registered or certified mail. return
:5
refiat rv-nue-sted. oostai7e n,7ei:)aid and addressed to ti-.e Darties at their rescective
F-FDO180 09/25/90 1010 17
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"A al
754 address -es set forth below, and the same shall be effective ia) upon confirmation of
755 receipt if delivered personally or by facsimi!e trarLsmis'siori- ft' orie (1) business day
756 after depositing with such an overnight cour4.er service or (0) two (2) business days
737 after deposit in the mails if mailed. A party may change its address for receipt of
758 notices by service of a notice of such change in accordance herewith. All notices by
7 -a 9 facsimile transmission shall be subsequently confirmed by U.S. certified or registered N,
mail.
64
if to Wal-Mart: Wal,-:Mart Stores. Inc.
701 South Walton Boulevard
766
BentonW,ifle. Arkansas 72716
67
Attention: Presi&nt
768
FACSIMILE NUMBER: (501)
771
*^-ith a copy to: Wal-Mart Stores, Inc.
772
70 t Sry-ith Walton Boulevard
773
Bentonville, Arkansas 72716
774
Attention: �*Jice President - Real Estate
775
FACSIMILE NUMBER: (501)
778
If to Partnership-. Nf.uunt Prospect Plaza Limited
779
Partners -hip
780
c/o Western Development Corporation
Ow
3000 K Street. N.W.
732
Suite 200
783
Washirgton, D.C. 20007
734
AttenGon: James N. Gdula, Eso. •
785
FACSIMILE Nl:'-13ER.- (202) 293-5237
7 88
wit'n a copy to: Rudnick & Wolf e
789
203 North LaSalle Street
790
Suite Mo
791
Chicago, Illinoi5 60601
.'4
ZA
A t LVI I t;U U: Ue'n,,U 0- 3ICKOL'o
793
FACSIMILE NUMBER: (312) 236-7516
797
Release from Liability. Any person acquiring fee or _IeaLsehold (other than
798
those parties occupying stores in the irr-provernents located upon Parcel I under short-
799
term lea. -:-Es — hereinaf ter collectively called -Space Tenants-) owre:snip of Parcels I or
800
11, or any portion thereof, shall be bound by this Easement Agreement only during the
801
period s ch Party is the fee or leasseh.old owner of such Parcei otr portion thereof.
902
except tr.at, such Party shall continue. after said ownership period. :o remain liable for
803
those ob,gatior4. liatiLities, or responsitilities, tLat arccse during said jvvnersship period.
804
Although !-e Parties may be releassed unefer this Paragraph 10, tte easements, cov.re-
805
nants and restrictions set forth in this Easement Agreement shall continue to be bene-
806
fits to, and servitudes upon, said Parce*"S) runnel g with the land in accordance with Zt
307
Paragraph 13 Delow.
$09
M f24ghts of Successors. The easements. restrictions. benefits and obliga-
809
v udes - -.Nith the land for
tiorLq stiall create mutual benefits and -%r it runni.,., z
7
4
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or
14L, Q: 1,
I - 1�1 I MAL,
811 the term of this Easeone.int Agreement as provided in Paragraph 13 below. This
912 Easement Agreement sham bind and inure to the benefit of the parties hereto, their
813 respective heirs, repro e$-9-atives, lessees (other than Space Tenants), successors and
814 assigns. The singular numbe&r includes the plural and the masculine gersder includes the
81-0 feminine and neuter.
816 12. Vocument Execution, Modification and CanceUation. It is understood and
817 agreed that until thiS docj--.-=-nt is fully executed by both Partnership and Wal-Niart.
818 there is not. and shall not tie, an agreement of any kind between the parties hereto
$19 upon which any commitrinis.-t, undertaking or obligation can be found. This Easement
820 Agreement, including the exh.ibits attached hereto and made a part hereof, may be
821 modified or cancelled only ti" the mutual agreement of all fee simple titleholders from
822 time to time of the Parceir. o.- Pcwtions, thereof.
323 13. qy e �rtants To Run With Land. Each and all of the covenants. restrictions.
824 conditions, easements and p�,;isions, contained in this Easement Agrees ent. whether
325 of an af firmative o.- negat"--e nature, (a) are made for the direct and mutual benefit of
826 Parcel 1, Parcel 11, and each and every portion thereof, and constitute covenants
827 running with the land; (b) s2 all bind every fee or leasehold owner of a portion. of
823 Parcel I and Parcel U to the extent that such portion is affected or bound by the cove-
829 nants, conditions, easements o.". :,estrictions to be performed on behalf of Such portion;
830 and (c) inure to the benefit of the Parties and their respective succe&,-,-o.-s and assigns.
$31 Any fee titleholder of any potion of either of the Parcels shall have the right to
832 enforce the terirLs and pro;,*iz--_:-_:-.s of this Easement Agreement against the owner of any
833 other portion of either of the Parcels.
83A 14, Remedies. In *_te event that either Party thereinafter in this
8 35 Paragraph 14 referred to as t-te -Defaulting Pariv-) faila to pay the other Party (herein-
8 36 after in this Paragraph 14 refe:red to as the -Non-Defaulting Party") when due any
8 371 amounts owed by the Default.:"" Party to the Son -Defaulting Party under thL'S Easement
833 Agreement, or shall otherwi&=_ fail to perfor m. any of the Defaulting Party's agreements
839 or obligations hereunder thirty (30) days of written notice to the Defaulting
840 Party, the Non -Defaulting Pa�°-1-; shall have all rights and remedies to enforce said
0 d%
841 collection or performance as be provided or perinitted by law or in equity from
,J
842 time to time including, witho�_! ,imitation, the right to invoke one or more of the fol-
843 lowing remedies:
6
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946 a. instiv.;-e :Pjit against the Defau:,C,g Party to enforce collection of
847 the arn:i_nt owed to the Son-D-efaulling Party pursuant hereto.
IBM 01
R. 0 4. X
848 togetter with interest thereon at tte Default Interest Rate;
849 b. Reco.d 2vinst title to the Defatilting Party's Parcel or portion
850 thereof 23 notice of lien which s.*#* a constitute a lien in f avor of the
8_1
Son- tirg Party on the of the Defaulting Party and
45 r A
0%7f. WhIlichl _�av C,4e, foreclUZ4_1" LJY t1he N"On-LIDefaulting Party 11-1 prl-.�Ceed-
853 ings in nature of a forec.*csure, with all of the rights and
854 rerned.4--nw.- afforded by the laws of the State of Illinois to secured
�;ided. however, that any souch 855 creditors 'n such proceedirgs; r,!ri
856 lien sh3-,, be siubordinate and sut,)ect to any first mortgage recorded
857 against +-".e Defaulting Party's Parcel or portion thereof, whether
858 Prior or cs_�uent to the recordar-.on of trie notice of lien;
859 C. InstituT.e s:_.it in equity to the exre--it permitted by law to compel
860 complia---ce with each of, or to the violation or threarened
861 violation cf any of, the terms and conditions of this Easement
862 Agreernent against the DefaulW-.g Party, its tenants, lessees or
863 invitees: -2--ld
864 d. Set-off 7-7,-; Such amounts due the Defaulting Party to tt,.e
865 Non- Def Party against an.y arnounts due from the !,�On-
866 Defaulting Party to the Defaulting Party.
868 In exercising any rigs -a.- remedy hereunder. 311 parties who constitute tt.e
At
869 Non -Defaulting Party must _C., as a group in orde.- to avoid multiple, duplicat;.-.*e
870 actions. All rights, privileges remedies afford-edt e "�on-Defaulting Party by "his
8-11 Easement Agreement shall be :xerned cumulative and ,,4'-.e Non -Defaulting Party shall
872 not be re,,,jired to exhaust an-v ---.e of such remedies to commencing to exerc.se
873 another. In addition, the of any one of such. !7;e.medies shall riot be deerned to
874 be a waiver of any other righ.% .-emedy or privilege conw.a.'-.-ed herein.
Non-Merver. _So 7g as Wa I -.N1 a r t or its a f f 4411 a t e is fee owner or I essse of
87b Parcel fl, this Easement Agrieezie_nt shall not be subject to the doctrine of merger.
877 16. Release of Ease=ent- Termination. In tl-,e event that either of tt-e Vt
8{8 Parties. or their respective s~;-zcessors and assigns, shall abandon or no longer reqia._*.Lre
379 the use of all or any part of easement rights hereii-i granted, the part no Ion-er
880 required stall automatically to the granting Party. and the grantee Party shall
6
7
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I
Will
R I e
d,4
N'.
882 relaease such easement ",-ihich such Part-,; s!,iall no longer rNuire. The g&-antee of
883 any easement granted may terrnin.3te such easement by recording a release IBM # I
ft-0
884 thereof with the Office c;,.' Recorder of Deeds of Cook County'. Illinois. with directions
885 for delivery of the same !.-,e grantor of scLzln easement at its address given pursuant
7
886 hereto. ,.vhereupon all n.i--s. duties and liabilities hereby created shall terminate as to
887 such easement except fo7 incurred '.-eteunder prior to such termination. for
8 S 8 convenience, such may run to -fl-.e owner or owners am parties interested -IN
889 in" Parcel I or Parcel 11.
890 1-4. Headipg�. neadings herein are inserted only as a matter of conve-
891 nience and for refererce and in no way define, limit or describe the scope or intent of
892 this docum—ent nor in any w-*; -if feet the terr-,6 and provisions hereof.
893 18. Entire Easement Agivernent. This Easement Agreement constitutes the
994 entire agreement betwee.n. Parties hereto. The Parties do not rely upon any state-
895 meat, Promise or not herein expressed, and this Easernent Agreement
896 oaceexecuted aid delivie:� iz,all not be rnc)difizeed or altered in any respect except by a
897 writing executed and in the same mar..-er as required by this docurnent.
898 19. Cquntervarts. Trils Easemerit Agreement may be executed in countet-
899 parts, all of which C04j71�e7:-.1'OtS, taken togetter, shall be deemed to constitute one
21
R W-j
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Al
914
IN WITNESS WHEREOF. t!*,.e Parties
ha*.-e exeouted this F,�Asement Agreement the
915
day and year first above
IBM $I
R.0
919
PARTNERSHIP:
921
MOUNT PROSPECT PLAZA
922
LINUTED PARTNERSHIP.
923
an flint pis limited partnership.
924
:-.o!e general partners.
926
Kan Am USA VII Limited Partnership.
927
3 limited partnership,
928its
general partner.
930
Kan Am Realty, Inc.. •
931
a DeRware F r a0pri
7r��ppn
934
BY:
93.5
President
937
westeni 6velopment ComDany.
'e
933
a 1j--5 t I olumbia par hip
f
941
942
A
945
946
a �n e
949
WAL-MART:
951
WAL-MART STORES, INC.,
952
a De.'a-wacre corporation
B1 4 / • ! ✓ '%A./ ,'«.rA.
W
b.74`n ,fr � F.
956
........... ........
-
9 5) 9
A t?
7
8
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au I
956 STATE OF )
957 SS.
958 CO U N T Y OF
962 1. a Notary Putitic. in and fqr said Cctinty. in the State aforesaid, do hereby
963 certif v that ctP.-ess:e�ent of WAL-MART PROPERTIES, INC..
964 a Dew-va-re corporation. and f
96-3 Secretar-� of said Corporation and :Personally known to me to be the same
966 persons whose names are subscribed to the f,--e:-e-going instrument. appeared before me
967 this day in person and -severally acknowle-e-ged. that they signed and delivered said
9-08 instrument as 1.�� Pres-dwilt and �� �,.etary of said Corporation, and causzed
--c
969 the cot -porateseal of sa.'d Corporation to be af.Lxed thereto, pursuant to authority given
970 by the Board of Directors of said Corporat.on. as t,,-.eir own free and voluntary act and
971 aS the free and volunta.-y act of said Corpora rt-.snn. for the uses and purposes therein set
972 forth.
974 GIVEN under my hAnd and Notarial Seal --71 day of �e-� T 1990.
9 79
980 Not
74�ltak�pu �Iilc
984 My Corn.T-Lssion expires: /
9
10
11 EFDO180 09125/90 1010
051"
Zz-
IBM 1
R 0
TUFT -
T
A
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:0
'Maio
AS
A V C-7 k
Ss
IBM #1rn
R.0
I.a Notar Public. i4n -cf �.�r said County. in the Slit le af ore -
said, do hereby certify tl�a4&" ti,
to me to be the respceli,;ely of KAN
AM REALTY. INC,, a De!aware corporation. c-rporation is the general partner
of KAN AM USA %*[I LIMITN LIMITED VARTLRS11111. Vi 0 ind limited partrershipi as the ,
ITEIJ
general partner of MOUNT PROSPECT PLAZk ; , PAR INERS111(l. an Illinois
hmited partner -ship. per -so zanyknown to niv to _-� t-- Ws plu dl'U
subscribed to the forNoing instrument s :cat Ve m t;,� .4e and
-_,�*Ore
respectively. appeart-�� me this din perton anday
acknowledged that they signed and delivered the instrument as (heir own free and
voluntary act and as the free and voluntary ac! Zz..1id corporation in its capticitv as
general partner. as aforc'-_--aid. -.-ith intention to "e limited partnership and for the
uses and purposes, therein set forth..
GIVEN under my hard ar.d notarial seal tav of ic19o.
z
% Pliblic
.4
NY,! -nission Expires
SS
COUNTY-Of
3 Public. 4n, Counly. in 11r..e st']T(_y 4rhwc
Said, do hercb,.- certitv that vltpe�L-
4L
r*-p r—
to me to be the � r.f�. _.1` �� 1, � 1e-.jLk?"'
rr. er
dn f b: 9 IZ T 1: D n V V F I D It I 'k.: T rVI %*460oddshim -i tl.z 9-tAltimlii x►w
•w &j IL F_ a% 5- �%.P& I M-1, -,11% 1 J* tA i . I vu
PROSPECT PLA7.1%
genet -at partrer of NIOU.** 'T _FD PAIL TNERS11111. an Illinois
limited parwership, "I"r�w.vri to me o same people -".J."se names are
subscrit.%ed to the forcgf_--'.-g iiistrument ?:z t . r #� C& \ - A -
appear. �--_ me thi.-; day in p e r,-r, o n and
ackrio,--viedged that they sIgr,ed iand delivered Itir-i ru men t as t I i
J e; r r), n free and
voluntary act and as the free and voluntary je* 194pwli in 0s capacity as
wral are, saIr-a-. ---itnte(on o lgpimited art ner'-hip and tor t I i e,
Lice s-inn therein Set
purpe-s A
�It;
GIVEN unf�er mv hX-;tt a-.(t -otarial. seal _�3v of ��";"r���`i
...-:ion Expires
DBS1)069309J21, -4
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9SM,
I
—le
�!N
1021 EXHIBIT A
1022 TO
1023 EASEMENTS WITH COVENANT'S A%D RESTRICTIONS
101*415 !Axg DescriDtion of Parcel 1
1028 LOT I (EXCEPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE
1029 DEPARTMENT OF TRANSPORTATION BY CONDEMNATIO.14 REGISTERED AS
1030 DOCUMENT NUMBER 32016W- ALSO (EXCE-31-11'.NG THEREFROM THAT PART
1031 THEREOF TAKEN FOR CENTENNIAL SUBDIN-15*6.0S 3Y PLAT REGISTERED AS DOCU-
1032 MENT NUMBER 3202476) IN PLAZA SUBDIVISION. BEING A SUBDIVISION Of PART OF
I n 2 It TUP QA1jT14WFQT AITARTVP nr wrTft"Ik' A; TAWV1;141P Al VnRTF4 01 N:r.P I I FACTa v %F%f g g & &' %j %.. NO * . a . . area .% v . a 0 w 0 � .. — . v — — . . — . . — — , . — - - - — - - . . . — . - — . . a-.., ...a.--- as a ... .
1034 OF THE THIRD PRINCIPAL MERIDIAN. ACCORDILNG TO PLAT THEREOF REGIS-
1035 TERED IN' THE OFFICE OF THE REGISTRAR 047 TITLES OF COOK COUNTY. ILLI-
t036 NOIS, ON JULY 16, 1979, AS DOCUSIENT NUMBER 3104778; 1
1038 (ALSO EXCEPTING THEREFROM THAT PART 0: LOT 1 IN' PLAZA SUBDIVISION
1039 AFORESAID DESCRIBED AS FOLLOIVS.- BEGIS.'!SG AT THE NORTHWEST CORNER
1040 OF SAID LOT I- THENCE SOUTH 29 DEGREES 445MINUTES 10 SECONDS EAST ALONG
1041 THE SOUTHWESTERLY LINE OF SAID LOT 1. 3--T -'*;G ALSO THE NORTHEASTERLY
1042 RIGHT-OF-WAY LINE OF RAND ROAD AS DEDICATED BY DOCUMENT NUMBER
1043 3104778, A DISTANCE OF 256.41 (RECORD -= 297.66) FEET TO __x POINT OF
1044 CURVATURE; THENCE CONTINUING 4.*Or"THEASTERLY ALONG SAID
1045 SOUTHWESTERLY LINE O'N A TANGENTIAL CURVE, CONCAVE TO THE
1046 NORTHEAST, HAVING A RADIUS OF 2,072.46 ZFE-7'1% FOR AN ARC DISTANCE OF 730
1047 FEET; THENCE NORM 20 DEGREES 56 811-NUTES 31 SECONDS EAST, 615.26 FEET TO
1048 THE SOUTHWEST CORNER OF CEN'TENNIAL _5:3DIVISION, ACCORDING TO THE
1049 PLAT THEREOF RECORDED FEBRUARY 11, AS DOCUMENT NU-"*IBFR 3202476.
0,50 THENCE NORTH 00 DEGREES 00 MINUTES 301 SECONDS EAST ALO'sG THE WEST
10-31 LINE OF CENTENNIAL SUBDIN-ISION AFORESA'."D. 234.66 FEET TO A POINT ON THE
1052 NORTH LINE OF SAID LOT I IN PLAZA SUBDIN-151ON"; THENCE NORTH 89 DEGREES
1053 39MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, 832.35 (RECORD = 832.55)
1054 FEET TO THE POINT OF BEGINNING); (CONTAI.%T.NG 32.242 ACRES OF LAND. MORE
105,5 OR LESS).
1059 ADDRESS: Mount Prospect Plaza Shopping Mount Prospect.
1062 P.I.N.: 03-35-302-011; 03-35-301-036
12
13
14 EFDO180 09/25/90 1010 A-1
'4
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011,
1 Vj lt
•
E X I i 27T C
TO
EASEMENTS WITH COVEN-SATS AND RESTRICTIONS
Sites Plan of S!Olp�Cpnter
Iff
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I
27
24
79 EFDO180 09/2519O 10i
M
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Fli
'41
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This document was prepared by:
<.;' r;;H Jonathan D. Block, Esq.
jp- Honigman Miller Schwartz and Cohn LLP
;sir `'<> ` 39400 Woodward Avenue, Suite 101
18 loomfield Hills, Michigan 48304
After TFording, return to:
Beck,Yxs
Esq,
Honigman�zSchwartz and Cohn LLP
39400 Wood wardi-Aven Avenue, Suite 101
Bloomfield hi 48304
F igan
XP,
17 VR 4 IIIIIIII!lillllllllllllllilllllllli�l�lilllll1
# 17 194349 13'i-E.' Fe e $ 1
I
IRM}may may! FEE;$9.ee RPAF FEE: $1.08
COOK COUNTY RECORDED Or DEEDS
DATE: e7?13?2017 02:31 PM PG: 1 OF 36
R'k WROCAL EASEMENT AGREEMENT
THIS RECIPROCAL EA".,WMENT AGREEMENT (this "Agreement" is entered into
as of A3 04 120177 by and"b --w""ieen OUN RAMCO MT PROSPECT LLC, a Delaware
y
limited liability company, whose address,.'' 1500 Northwestern Highway, Suite 300, Farmington
Hills, Michigan 48334-2501 ("RMP 1�" )i d,.,-RAMCO-GERSHEN SON PROPERTIES, L.P., a
litd hhd"' I , "k T I A I V I I n 01 nn
Delaware limited partnersip, whose adressi*)15uOorthwestem lignway,zulte)Vv
Farmington Hills, Michigan 48334-2501 ("R�G�1zPLP"). RGPLP and RMP are hereinafter
sometimes individually as a "Party" and collective"IY"O-A the "Parties".
Recitals:
WHEREAS, RGPLP is the owner of certain real pro'oJ"e-.,'1*"t,,y commonly known as Mount
��g`--al y A
Prospect Plaza located in Mount Prospect, Cook oi County, Illinr"yh`'I described on Exhibit
attached hereto (the "Shopping Center Parcel");
WHEREAS, the Shopping Center Parcel is comprised of the "J",-, parcel as legally
described on Exhibit A- I attached hereto (the "Main Parcel"), and the follo shown on the
Site Plan (defined below); the outparcel shown as Of*4ut A ( Outparcel A the 6,utparcel shown as
Out B ("Outparcel B", collectively with Outparcel A sometimes referred to as`the"`,�-`S hop ping
Center Outparcels"); the proposed retail F building area located on the Main Parcel osed
Retail IFF"); and the proposes retail 0 bulking area -iocated on the main Parcel (--irropos ei�, Klprail
G
WHEREAS, RMP is the owner of an outparcel located behind the Shopping Center Parcelr. T*
'`` "'f'+. f: `w.
legally described on Exhibit B attached hereto (the "RMP Outparcel");
WHEREAS the relationship between the Shopping Center Parcel and the RMP Outparcel
is depicted on the site plan attached hereto as Exhibit C (the "Site Plan
1084 Mount Prospect Plaza, Mount Prospect, IL
249743513 rCFtD MnEw —
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irf�iiI LOTA 1915 11910019 9 ce M FOR'
WHEREAS, the Shopping Center Parcel and IMP Outparcel. are subject to the Village of
grXvMount Prospect Ordinance No. 6148 dated July 15, 2014 ("Ordinance 6148"), as amended by
ordinance 6205 dated July 7, 2015, and as amended by ordinance 6254 dated June 21, 2016,
attached hereto as Exhibit D (as hereinafter extended, amended and/or reinstated from time to time,
collectively the "PUD"); and
sM
WHEREAS, R. MR P and GPLP have agreed to grant each other non-exclusive easements
f inaress and earess of vehicular and nedestrian traffic., varkinp, and utilities over their resnective
par s anct to provide for the sharing of certain costs in connection therewith, all as more
particulforth herein.
a�pfet v �
NONVo"ERE FORE, for and in consideration of the mutual covenants, promises,
easements, righfis,14,nd agreements hereinafter contained, the parties do hereby agree as follows:
I . The Re c' if"Ats above are true and correct and incorporated herein by reference.
2. DEFINITIO
For purposes her"'
a. The term "Com a rea" shall mean the Driveways, Parking Areas,
landscaped areas an 4.1ities and systems for drainage and storage of storm
;I;t,�, e ftAr nrnwir&nty xxintpr lrii-ntprl frnm t;mp tn timp
ragtag onimel owet.-rile
V V C416 %oo A %4 A A %* 0 'T AJ %, 1�0 A AL A Q L4A A *—& JL L4 %.I A A �L A %0 .7-- X W & tJ A W A %A A A A T 01 a A W %f %4 J� %ol A V..7 A as K. A. A A A IbW ✓4. %_I L JL A A 't %d
on the Parcels.M14,
k.
b. The term 'Driveways shall mdataw .,- driveways and roadways and related
`rom the public roadways adjoining
improvements, entrances and exits t6 and,
g
walkways, and Cdfs
the same, sidewalks, and paving with respect thereto
located from time to time on the Parcels.
c. The term "Lease" shall mean that certain lease agrtz-r ent for the RMP Outparcel
dated June 5, 1978, as amended between RMP, asl"', dIp-r-A, and Walgreen Co.,
as tenant (collectively the "Lease").
d. The term "Owner" or "Owners" shall mean either or both of r LP and .MP,
as the case may be, and any and all successors or assigns of su:6,,h., .,`Persons as the
owner or owners of fee simple title to all or any portion of the
L,-,.ft A Uxr q n I � I n "1' 13.
V Vel IU I I LUU U1 UUL UVIIVU L 1%10 1 %o U W I 1%.o LI 1%.4 tjy ac4l%.O, C1ak3161J_II1%.,&LV 11 I A`v'
operation of law, trustee's sale, foreclosure, or otherwise, but not inclUt in, .,,,the
holder of any lien or encumbrance on such real property. kw
e. The term "Parcel"' or "Parcels" shall mean either or both of the Shopping Centei�"sk
Parcel and the RMP Outparcel, as the case may be, and any future subdivisions
and/or resubdivisions, thereof.
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
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I Loyd 16001 U10161 = � � 16191
f The term "Parking Areas" shall mean the areas located on the Parcels
designated for the parking of the motor vehicles from time to time.
g. The term "Permlittee" or "'Permittees" shall mean the tenant(s) or occupant(s)
of a Parcel, and the respective employees, agents, contractors, customers,
invitees and licensees of (a) the Owner of such Parcel, and/or (b) such tenant(s)
or occupant(s)
V �heresoever this REA refers to the obligations, rights, or duties of a Parcel, it shall be
deem c = to refer to the obligations, rights and duties of the respective Owners thereof.
3. "01EASEMENTS.
R.,GPLP does hereby grant to RMP and its respective licensees, invitees,
ployees, agents, tenants and subtenants for the benefit of the RMP Outparcel,
V, "V,
mmon with others entitled to use same, -exclusive easement for the
in oo a non
ingrr�s' , s aid egress of vehicular and pedestrian traffic over and across the Parking
Areas d " ways as they may exist from time to time on the Main Parcel
t), nve
(but speci excluding loading and unloading areas and similar tenant
y
protected or"'"' .�f`e§",erved areas on the Main Parcel), provided that RMP
acknowledge !�-"a��'�"�''n�,dh-"*"a"��""���'9--rees that all construction and delivery traffic going to and
from the RMP Outparc.el".'shall, use only the RMP Outparcel Curb Cut as depicted
J,
V.
on the Site Plan.
b. RMP does hereby grant W,-A PLP and its respective licensees, invitees,
employees, agents, tenants and enants for the benefit of the Shopping Center
Parcel, in common with others eAtit to use same, a non-exclusive easement
,1,e,.
for vehicular and pedestrian traffic over rr,.nd across the Parking Areas and
Driveways as they may exist from tiro p-16., time on the RMP Outparcel (but
specifically excluding loading and unloading,.,,areas and similar tenant protected
or reserved areas on the RMP Outparcel).
V.
C. RGPLP does hereby grant to RMP and its re:s&tj , jy,, elicensees invitees,
.7
employees, agents, tenants and subtenants for the benefit' 'Pthe RMP Outparcel,
in common with others entitled to use same a non-eAx.0'11'asive easement for
7.,7
70,�,
vehicular parking over and across the Parking Areas that may'3ast from time to
time on the Main Parcel.
Y1 RMP tinge hprphv orrnnt to TZC,,Pl _P and its. respective fir.p.me.
%A. IFA A %0 %1.9 AA 1W & W %.1 T t:rA A - -1.1
employees, agents, tenants and subtenants for the benefit of the Shoppifijtenter
Parcel, in common with others entitled to use same, a non-exclusive easem.eo.
for vehicular parking over and across the Parking Areas as they may exist fr6m
time to time on the RMP Outparcel. RMP does hereby agree that until th
commencement of construction of improvements on Proposed Retail F and/or
Proposed Retail G, and/or until the Main Parcel Owner elects to perform the
PUD Modified Requirements Work (as hereinafter defined) regardless of
whether or not it has commenced construction of improvements on Proposed
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Retail F and/or Proposed Retail G, the RMP Outparcel (i) shall contain at least
253 full size parking spaces as required by the PUD and (ii) maintain a
landscaped coverage area of at least .24 acres. Notwithstanding anything to the
contrary contained herein, it is acknowledged and agreed by the parties that in
the event that the construction of improvements are commenced on Proposed
new. r Retail F and/or Proposed Retail G, the PUD requires that (i) the full size parking
spaces on the RMP Outparcel be reduced to 229 (provided that, until the
expiration or earlier termination of the Lease, the Shopping Center Parcel and
rrhw
the RMP Parcel combined shall maintain at least 1200 full size Varkine soaces)
and (ii the landscaped coverage area be increased to .46 acre's as set forth on the
proposed site plan attached hereto as Exhibit E and incorporated herein by
reference or as otherwise required pursuant to any subsequent ordinances
amending the PUD (collectively, with the requirements set forth in (i) the "PUD
Modffied Requirements Accordingly, RMP does hereby grant to the Main
f0f,,-rbel Owner and its employees, agents, and representatives, for the benefit of
S,�`¢,,
the 8b,"apping Center Parcel, an easement for, in, to, over, under, along and across
thosec'ppy-t-ions of the RMP Outparcel (exclusive of any portion located within
d� the build, necessary for the installation repair, replacement, relocation, and
removal ofimpervious areas and landscaping in order to cause
t e.,parkin g areas,
the RMP Outp,4 ,d4W,-to comply with the PUD Modified Requirements (whether
or not the Main"T r,,I-Owem r has commenced construction of improvements on
a-c e,,, n
Proposed Retail F a, /or Proposed Retail G) (the "PUD Modified
Requirements or The Main Parcel Owner shall perform the PUD
WLL
ito onip enact nnA ntiA ohn'll -rimnlPt".
AT A.W"I AA%,.kL JL-L%0%J%4&A %OAR &%0A AUL.1 TT %-f L!�. &L►J LJXJL%,O W%JUJIL L4.L14A V_1i"ktJ%WAAL)P%d "AAA.& "ALL&AA
such work in a good and kAmanlike manner with as little interference as
possible to the RMP Outparcet-,t-n-ant using materials which equal or exceed
Vl
those originally used on the RMPTP e1.
e. Each Owner hereby grants and conveys.,,..,,t6,.,,,,,,each other Owner non-exclusive,
perpetual easements in, to, over, under, al 'bn�g_�,,a'nd across those portions of the 0 e,\)
grantor's Parcel (exclusive. of any portIOM, within building areas
necessary for the installation, operation, flo Passage, use, maintenance,
connection, repair, replacement, relocation, of Utility Lines
currently serving the grantee's Parcel. The Owner whcfsx?R'Aarcel is subject to an
easement granted hereunder shall have the right at any tif locate a Utility
fi*,Ab re
Line upon thirty (30) days prior written notice to the other bwnpr provided that
such relocation: (i) shall not interfere with or diminish the utilitqy.,..��,�-,,kryices to the
benefitted Parcel nor make the use of such utility more expensive; hall not
ICUUILA; UI IIIIFdII UK; U0%_,LUJIIVZZ)Z0 M IUMLtkJII VI Z5W'LI ULIIILJV, L I I I I Vk,
performed without cost or expense to the other Owner having rights wit "'respect
to such easement; (iv) shall be completed in a good and workmanlike mA tilef
with as little interference as possible to the grantee Parcel, using materials and;; � ```
design standards which equal or exceed those originally used; and (v) shall have
been approved by the utility company and the appropriate governmental or
quasi -governmental agencies having jurisdiction thereover. The term "Utility
Lines" shall mean those facilities and systems for the transmission of utility Vyt
1084 Mount Prospect Plaza, Mount Prospect, IL
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00751918=10161�0 ��19191
services, including for the drainage and storage of surface water (such as
retention ponds).
f Each Owner having rights with respect to an easement granted hereunder shall
indemnify and hold the other Owner whose Parcel is subject to the easement
harmless from and against all claims, liabilities and expenses (including
reasonable attorneys' fees) relating to accidents, injuries, loss, or damage of or
to any person or property arising from the negligent, intentional or willful acts
or omissions of such Owner, its contractors, employees, a�,rents, or others acting
on Cbehalf of such Owner. Each Owner shall maintain ommercial General
Vr NV Liability iability Insurance with a combined single limit of liability of Five Million
Dollars ($5,000,000.00) for bodily injury, personal injury and property damage,
d arising out of any one occurrence the other Party shall be an "additional insured'
-�
icy as it I such policy applies to the insuring Owner's Parcel. Each Owner
-a. bes to look first to the insurance coverage obtained hereunder, and to exhaust
all its thereof before making any claim, other than to preserve rights if
coeiragelfereunder is inadequate, under the insurance carried by another Owner.
i.
4. MAINTENAL.
a. The Main Pa ;0 " s��ner covenants at all times during the term hereof, to operate,
maintain repair arid, -,,*,,here necessary, replace, or cause to be operated,
maintained, repaired ere necessary, replaced, subject to reimbursement
ded below- t as, nroviion Areas on the Shonning Center Parcel (or. at
Main Parcel Owner's sole'�=Qption, the Main Parcel and one or none of the
S hopping Center Outparcels) dn-
RMP Outparcel in good order, condition
and repair ("Common Area Common Area Maintenance shall
include, without limitation-, (i) maint`-a`iniin--,&. repairing and replacing the surface
of the Driveways and Parking Areas 'it Jil ing, without limitation repaving,
painting, resurfacing, and re -striping; (ii) 11.0ving all papers, debris and other
refuse, trash, rubbish, snow and ice from`,'*',,periodically sweeping, the,
Common Areas to the extent necessary to mainfai= fie same in a clean, safe and
orderly condition; (iii) installing, operating, main.ta`tfi'in&,. and replacing on the
Common Areas, appropriate lighting fixtures, underg,66'bn'd irrigation (if any),
landscaping, directional signs, traffic controls, signage," '-Utary and drainage
control water facilities and a public address system i S,iv) providing ng
utility management services and common utilities to the on Areas,
!'--"-��`O including, without limitation, for powering the lighting fixtures;` roviding
mn,nnai-mpnt ct-miit-t-c nnd cimprvicinn- (vi) nrnvidino nt-rrnnnA to kri'f-iviricinu
and to provide security; and (vii) performing any and all such other duties as -the
Main Parcel Owner determines are necessary in its sole discretion to mallitat,,.01"
such Common Areas in a clean, safe and orderly condition. The Main Par ceL:0-"i:"
,N
Owner shall determine in its commercially reasonable discretion whether or nof``{I.,.1110"
replacement of any of the foregoing is necessary. In the event that the cost of a
capital improvement shall be reasonably estimated by the Main Parcel Owner to
exceed $150,000.00, then the Main Parcel Owner shall notify RMP of the same
k`k/`4 'S::
and AMP shall have ten (10) business days from the date of such notification to
1084 Mount Prospect Plaza, Mount Prospect, IL
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send written notice to the Main Parcel Owner as to whether or not it elects to
have the Main Parcel Owner provide such capital improvement to the RMP
Outparcel, the failure of RMP to provide such notification within such ten (10)
business day period shall be deemed an election by RMP to have the Main Parcel
Owner provide such capital improvement to the RMP Outparcel and the cost of
such capital improvement provided to the Common Areas on the Shopping
Center Parcel (or, at Main Parcel Owner's sole option, the Main Parcel and one
or none of the Shopping Center Outparcels) and the RMP Outparcel shall be
included in CAM Charges. If RMP notifies the Main Parcel Owner within such
ten (10) business day period that it elects not to have the Main Parcel Owner
\4P Outparcel then such capital
provide such capital improvement to the R1
improvement shall not be provided to the RMP Outparcel and the cost of such
capital improvement provided to the Common Areas on the Shopping Center
(car, at Main Parcel Owner's sole option, the Main Parcel and one or none
6f,fhe Shopping Center Outparcels) shall not be included in CAM Charges. In
the Main Parcel Owner fails to provide such notice, RNT's remedy
stiff"be ",th'nited to excluding the cost of such capital improvement that is in
excess of 15 01000 f M Cfrom CAM N arges. otwithstanding anything to the
contrary coeach Owner shall use commercially reasonable efforts
niatned herein,
to prevent anyI waste or nuisances to exist on its Parcel.
b. Common Area Maifiten ce Charges ("CAM Charges") shall include, without
limitation, all of the cost 5-,`and expenses of the Common Area Maintenance, all
u.
iitifitv Anropp. invmrari�t' nrnnp.rtv tnYP1Z (--.fwt(z of (Zimnlipc r."Vtv,
and expenses of licenses iffip.-ac,"t,.. and permit fees, costs of equipment used for
such maintenance costs and 6"xp" s of capital made to the
,ense improvements
Common Areas during t6e, year, together with an
administrative/management fee not to exceed ten percent (10%) of the total of
the foregoing costs and expenses 1u% ive of utility charges, insurance
premiums, taxes and impact and perrnh-w,-;fees and capital improvements).
Notwithstanding anything to the contrary 001,01ti-,iped herein, RMP shall pay
annually to the Main Parcel Owner as its contrif.uLion toward the cost of the
Common Area Maintenance an amount equal �,.��RMP Proportionate
Share". The number of square feet of the building ,.46cated on the RMP
Outparcel and each of the Main Parcel and Shoppih'g�,�'�Qenter Out Parcels
(excluding any of the Shopping Center Out Parcels for whichM,4 Parcel Owner
is not supplying Common Area Maintenance) is set forth on txWbit G hereto.
The RMP Proportionate Share shall be determined as follows: 6y,.""Multlp lying
+'k,n. r A KA (""knr""c1 fyur o, frrArrf;"," th'm V111T"0r-nt^V ^F vukirh ;0 +l, c�iWia""i"kor r%f
LIL%.- LULUI \-JlUlbvo W.7 " Ll"V&A%YJA� L11%W A1L4A111,114AL%J1 %JJL VT111VA1 163 LIA%.e 'I; 'L W&
." Vt"A, �, "
square feet of floor area in the building(s), from time to time, located on"i AMP
Outparcel and the denominator of which is the total number of square f6et,``qf
floor area in all of the buildings located in the Shopping Center (excluding a`nY,,.i,.`
of the Shopping Center Outparcels for which Main Parcel Owner is not
supplying Common Area Maintenance). In the event that the building(s) on the
RMP Outparcel is demolished, then the RMP Proportionate Share shall be
calculated based on the number of square feet of floor area in the building(s),
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00751918=10161• 0 19191
located on the RMP Outparcel immediately prior to the building(s) being
demolished. The annual RMP Proportionate Share for each calendar year shall
be paid within thirty (30) days of the Main Parcel Owner delivering to RMP a
written invoice (including a reasonably detailed breakdown of all charges and
showing the calculations made to arrive at the RMP Proportionate Share) of the
annual RMP Proportionate Share for such calendar year. Following the end of
each calendar year, the Main Parcel Owner shall send RMP a reconciliation
statement showing actual expenses for the prior calendar year. In the event of a
deficit, RMP shall pay the difference within thirty (30) days of receipt of a
written demand, in the event of an overage, the Main Parcel Owner shall credit
same toward RMP's next due CAM Charge payment,
shall have the right, upon giving not less than sixty (60) day's prior written
x 'N ,,: a`notice to the Main Parcel Owner, to take-over and assume the operation and
intenance of the RMP Outparcel Common Area provided, however, RMP
shaILInot have the foregoing right to take over and assume the operation and
mat enanc ommo e of Cn Area Maintenance associated with any commors utilities��a ��s,orm water systems servicing the RMP Outparcel and the Shopping
'pi'
Center Par "a q`j "Following the effective date of such permitted take-over and
assumption ]kMPA'Shall operate and maintain (or cause the operation and
maintenance 60 a,,1" ;ommon Area on the RMP Outparcel, and shall pay all costs
:
and expenses connection therewith; provided, however, the Main
Parcel Owner shall co iiiiii'd p','.to operate and maintain, and RA4P sha I I be obligated
're)nnAotinn wifli (ii the r�npzt nf nnv iitiliflin-< t-,nmmrmIv
to nqv CAM r ("hnrcp-z
servicinp, both the RMP Outpg,"'I and the Shopping Center Parcel and (ii) the
storm water systems, including**"'�a-n��,�,'�---�etention/retention ponds, and water supply
facilities,, regardless of location"'(661flectively, the foregoing (1) and (ii) are
referred to as the "*Continuing Funeftion�S�7.,. Upon the effective date of such
take-over and assumption, RMP released from the obligation to
contribute towards CAM Charges for ,,,balance of the Common Area
Maintenance, except with respect to the C1.10",nti"nuina Functions for which
X,
continued participation is mandatory, and the a"i nistration fee payable by
RMP shall be based only on the cost of the Continui` "V4,octions. RMP's share
of the cost of the Continuing Functions shall be paidl)#,�r'a'accordance with the
allocation set forth in Section 4(b) so long as the P4'*?iif -Parcel Owner is
responsible for such functions.
d. RMP may also elect to separate the RMP Outparcel illumination. a,,. ft 4-irrigation
I XA-:A;'n J3'A'r'-AI OxtofAr"'c II'nfNt% nt Land O;vt-,.l tAn� 'A'alle lift-4ficak"
.a.Y0k,%IAJI0 11MI11 V91%, IVAILAIII I %Al%,%,L 0.YI3L%.IIIA0 LLIJ%Jl& "L A%.�440V IJAIVVJ k%JWf %ALA.70 fXJL 1%AAWAS
notice to the Main Parcel Owner. The expense of such separation sha�",Q,,Tne
equally by the Main Parcel Owner and by RNIP. Upon such separation RMWP"��
shall be responsible to maintain and operate at its expense such separate
on the RMP Outparcel and shall not be obligated to pay for any expenses o `{ r=:s a .:
operating such systems on the Shopping Center Parcels which expenses shall not
be included in CAM Charges.
e. RMP shall have the right to cause the Main Parcel Owner to resume the operation
N
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I LOTA 1910 19101619 9 ce M M016 19191
and maintenance of the Common Area on the RMP Outparcel upon the
satisfaction of the following conditions: (i) RMP shall give the Main Parcel
Owner at least sixty (60) days prior written notice of its intention to have the
Main Parcel Owner resume the operation and maintenance of the Common Area
on the RMP Outparcel- and (ii) prior to the date established for the Main Parcel
Owner to resume the maintenance and operation thereof, RMP shall, at its sole
cost and expense, cause the Common Area on the RMP Outparcel to be at least
.5y
equal to the same condition of maintenance then existing on the other portions
of the Common Area then beinp, maintained by the Main Parcel Owner.
Provided the foregoing conditions are satisfied, concurrently with the designated
date the Main Parcel Owner shall resume full operation and maintenance of the
Common Area located on the RMP Outparcel and RMP shall be responsible for
the RMP Proportionate Share for all CAM Charges as set forth in Section 4(b)
'.,so long as the Main Parcel Owner is responsible for such functions.
5. BUILDING AND USE RESTRICTIONS.
a.
RMP co WOWS to keep and maintain, at its sole cost and expense and in good
order, cond`if`.W`n`,arid repair, the building and improvements located from time to
time on the-"'� .,,,0R,,MP Outparcel (collectively the "RMP Outparcel
Improvemen S 11,01n-"!,the event of any damage to or destruction of any RMP
Outparcel Improveffi ent.k., RMP shall,, at its sole cost and expense, and with due
diligence, repair, res6r6,`,,`and rebuild such RMP Outparcel Improvements to
0"LJ.3LL4X1k&L414.Y Llk%l %1W11%AAVkW A A%,P& ILW 6J164%01A %.*t41LA"5%,1 'WA %4A1016& '1,%J1 VV LVAA
such changes as shall not co'nflila`t, with this REA), or (ii) demolish and remove
all portions of such damaged &,--.4estroyed RMP Outparcel Improvements then
remaining, including the debris f�e*J.fing therefrom, and otherwise clean and
restore the area affected by such casuAlt-16i-a level, graded condition and paved, y
seeded or sodded. Nothing contained ift.,,this,,,, Section shall be deemed to allow
f'.
RMP to avoid a more stringent obligation To"r, epair, restoration and rebuilding
contained in the PUD or a lease or other wri" e 06',."""'agreement between RMP and
its Permittee, if any
b.
All MP' Outparcel Improvements, now or in the futurdw'cb,, n�trusted on the RMP
Outparcel and all improvements now or in the futute�""-"°,,��"�onstructed on the
Shopping Center Parcel, shall be constructed, operated and inaimained by each
respective Owner so' that the same are in compliance wil& 11- applicable
governmental requirements, including sign ordinances.
`` k 4tC.
Each of RGPLP and RMP reserves the right to alter, modify, rec
relocate and/or remove the buildings, improvements, and Common Area
from time to time on its respective Parcel, provided that no such action s
reduce or interfere with, the easements granted to RGPLP or RMP i
Paragraph 3 above.
d.
No use of the RMP Outparcel, shall be permitted if such use would violate any
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i LOTA 19TWO 191001 M � � 19101
exclusive use rights (but only during the period such exclusive use is operative)
*Fr restrictions set forth on Exhibit F attached hereto. In no event shall the RMP
*utparcel be used for any of the prohibited uses listed on Exhibit F.
0 AN ,hVdff41"$TAV . IL .0 jdWWLVjWLM
Each Owner shall pay all taxes, assessments or charges of any type levied or made
by any governmental body or agency with respect to its Parcel before the same
commence to accrue interest or penalties,
wz
7,
REMEDIES AND ENFORCEMENT.
Y,*.,,'4",., In the event of a breach or threatened breach by any Owner or its Permittees, of
,,,,.,-,any of the terms, covenants, restrictions or conditions hereof, the other Owner
'ArS-KI-11b e entitled forthwith to fu I I and adequate rel e f by injunction. and/or all such
othdr`available legal and equitable remedies from the consequences of such
br including payment of any amounts due and/or specific performance.
b. In addition 1...ok, 411.1"other remedies available at law or in equity, upon the failure of
WRA
a defaultingj`-`*`-:,-,r;,�;;to cure a breach of this Am greeent within thi
rty (30) days
following wriifen'; pt
-tce thereof by the non -defaulting Owner to the defaulting
, 6,
Owner (unless, Wit, T irkvect to any such breach the nature of which cannot
-reasonably be cured N�� ��7h`,,-,such 30-day period, then, for such period of time as
flip nnn_tjPf*!mdt;na nurnpr elvAl
574 A. %X L JL tj 1Y0 JL %/ L& L3 %_,F Ax " ki AV %4 1 AL4 VA 41, LL14-P&A %*%.fA.464%*&%,AAA5 I-# VT
have the right, but not the 6bliga ' tion, to perform such obligation contained in
this Agreement on behalf of t6,,r��,e.faulting Owner and be reimbursed by the
defaulting Owner upon demand faf e reasonable costs thereof together with
interest at a per annum rate ("Default"'Interest"
equal to the prime rate set forth
from time to time in the Money Rate11S,,,.,,Section of the Wall Street Journal
(provided that, in the event the Wall Street lo gal no longer publishes such rates
.7
or in the event that the Wall Street Journal is i?ioJ1i0ger published, the prime rate
published by a successor national business daily"'u, lication reasonably selected
by the non -defaulting Owner), plus two p rcerw`l ( (riot to exceed the
f expenditure until
maximum rate of interest allowed by law) from the date-,?o
"jT"
,%,,. 'I" m
paid. Notwithstanding the foregoing, in the ef ( vent of e ergency or
blockage or material impairment of the easement rights, lh&,f,ncan-defaulting
Owner may immediately cure the same and be reimbursed 6y,,,,the defaulting
Owner upon demand for the reasonable cost thereof together' w.,,""if,, Default
+L..% Ao%+e% 1.2*%+;l *%rh;A
I I 111LUIUbt LIKA%w;Vll 11VIII LIA; UaX kii U'LL F
c. Any claim for reimbursement, including Default Interest, and all cost9111*_,,,,a
expenses, including reasonable attorneys' fees awarded to either Owner ti,,
enforcing any payment in any suit or proceeding under this Agreement, shall be"*".,.k,","-",,,,'-.>�M,;,,I
assessed against the other Owner and shall constitute a lien (the "Assessment `�,, "LLkX* F..4*�
Lien") against the other Owner's Parcel until paid, effective upon the recording
1,r, Jl,
of a notice of lien in the land title records for Cook County, Illinois prodded,
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I LOTA 191, owl Kilo's 9 me M to] on W0191
however, that any such Assessment Lien shall be subject and subordinate to (1)
any first mortgage granted on a Parcel by its Owner to a bona fide non-affiliated
third party lender, (11) liens for taxes and other public charges which by
applicable law are expressly made superior, (iii) all liens recorded in the land
title records of Cook County, Illinois prior to the date of recordation of said
notice of lien and (iv) all leases entered into, whether or not recorded, prior to
the date of recordation of said notice of lien. All other liens recorded subsequent
to the recordation of the notice of lien described herein shall be junior and
subordinate to the Assessment Lien. Upon the timely curing by an Owner of
any default for which a notice of lien was recorded, the non -defaulting Owner
shall record an appropriate release of such notice of lien and Assessment Lien.
The remedies specified herein shall be cumulative and in addition to all other
wreedies permitted at law or in equity.
e. N,i`"reach hereunder shall entitle any Owner to cancel, rescind or otherwise
terms' ,."ate, -,.,.?,this Agreement. No breach hereunder shall defeat or render invalid
the y mortgage or deed of trust upon any Parcel made in good faith for
value, but" ii,,h-�' =Yea-sements, covenants, conditions and restrictions hereof shall be
binding upon,`a_h`:`4 effective against any Owner of such Parcel covered hereby
whose title th�r'`i t cquired by foreclosure, trustee's sale, or otherwise.
5, A:
f. In the event of a violafi`4.iior threat thereof of any of the provisions of Section 3
of this Agreement, ea+ch,,0kne ,agrees that such violation or threat thereof shall
cause the non -defaulting Ownef'� and/or its Permittees to suffer irreparable harm
and s0uch non -defaulting and its Permittees shall have no adequate
remedy at law. As a result, in thew �y- tvt of a violation or threat thereof of any of
the provisions of Section 3 of this�"`A', gmernent, the not to -defaultingwner, in
addition to all remedies available at law 6r otherwise under this Agreement, shall
be entitled to injunctive or other f to enjoin a violation or threat
thereof of Section 3 of this Agreement. ;=`
a. Each Owner shall be liable for the performance of It covenants, obligations and
undertakings applicable to the Parcel or portion thereo.f6� oed by it that accrue
during the period of such ownership, and such liabili:i,,,,,�-,?,.,�.alI continue with
respect to any portion of a Parcel transferred by such Owiftjpif "'vntil the date of
such transfer. Upon the date of any such transfer, the trans`i�!ii
g,,Owner shall
be released from all obligations pertaining to the portion of the Parnsferred
arising subsequent to such transfer.
8. TERM.
The casements, covenants, conditions and restrictions contained in this Agreemenf--.",,.,,.
shall be effective commencing on the date of recordation of this Agreement in the
land title records for Cook County, Illinois and shall remain in full force and effect
F ::y 4..
-
thereafter in perpetuity, unless this Agreement is modified, amended, canceled or
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I LIM 191, 001 U10101 007 M I I on 19101
terminated by the written consent of all then record Owners of the RMP Outparcel
and the Shopping Center Parcel in accordance with Section I I (b) below.
Notices or other communication hereunder shall be in writing and shall be sent
certified or registered mail, return receipt requested, or by nationally recognized
overnight courier service, or personal delivery. Notice shall be deemed given upon
receipt or refusal to accept delivery. Each Party may change from time to time their
respective address for notices hereunder by like notice to the other Party. The
current notice addresses are as follows:
If to RAM CO-GERS HENSON PROPERTIES, L.P.
c/o Ramco-Gershenson Inc.
rws"`"wa 31500 Northwestern Highway, Suite 300
Farmington Hills, Michigan 48334
Attention: Ms. Catherine Clark
248-592-6211
cclark@,rgpt,.,coM
with copy to: Honigmtan,,,�Miller Schwartz and Cohn LLP
38500 Wood:' and Avenue, Suite 1,00
s.
Bloomfiel&H , ls'� MI 48304
Atf,n- P on
A 2. %, LA A. 47 %-P A A" A
Fax: (248) 566-84-24,o'
Email. iblock 2hon.i`Rm"`an.corn
If to RMP: Ramco Mount Prospect LLC
c/o Ramco-Gershenson, Inc."',,
31500 Northwestern Highway,' e 300
Farmington Hills, Michigan 4833405,,,r'
Attention: Ms. Catherine Clark
(Fax)-. 248-592-6211
Email: cclark-21rgpt.com
with a copy to: Honigman Miller Schwartz and Cohn LLP
3 8 500 Woodward Avenue, Suite 100
Bloomfield Hills, MI 48304
tN V:vri
r-ILUI. JULIMLLall 1.,9.
Fax: (248) 566-8424
A.
Email: 'blockghonigman.com
N.
a. Any Owner shall, within fourteen (14) days after receipt of written request from
'K
any other Owner (which shall not be more than three (3) times in any calendar
year), issue to such other Owner or its prospective mortgagee or successor, an ` -: ±'
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3 1 FAI On 99101 1 L*TA 19183 RIO
estoppel certificate stating to the best of the issuer's knowledge as of such date:
Whether it knows of any default under this Agreement by the requesting
Owner, and if there are known defaults, specifying the nature thereof in
ii. Whether this Agreement has been assigned, modified or amended in any
way by it and if so, stating the nature thereof in reasonable detail; and
iii. Whether this Agreement is in full force and effect.
C.
Such estoppel certificate shall act to estop the issuer from asserting a claim or
defense against a bona fide encumbrancer or Owner for value to the extent that
such claim or defense is based upon facts known to the issuer as of the date of
1V
th.q.�A,qstoppel certificate which are contrary to the facts contained therein, and
T
suc.1fi -bona fide Owner or encumbrancer has acted in reasonable reliance upon
such st, el certificate without knowledge of facts to the contrary. The
Or
issuancePb,, an estoppel certificate shall in no event subject the issuer to any
liability for1b, &.iftadvertent failure of the issuer to disclose correct and/or relevant
information.
3.
10. MISCELLANEOUS
A- Attornevs'Fees_ In the-& ent n... Owner institutes any legal action or proceeding
for the enforcement of any fig, ..,or obligation herein contained', the prevailing
Owner (i.e., the one, if any, whii�4...,-,#phieves substantially the remedy requested
in its initial complaint or counterdaifn -after a final adjudication shall be entitled
to recover its costs and reasonable att6 s.,' fees incurred in the preparation and
prosecution of such action or proc'eedin",,,,,,,
b. Amendment. The provisions of this Agreerien't"o, m-av be modified or amended,
in whole or in part, or terminated, only by thee; Wtjtten consent of all of the
affected record Owners of the Parcels, evidenced. 1'document that has been
fully executed and acknowledged by all such record Ow,'fiex% and recorded in the
land title records of Cook County, Illinois.
c. Consents. Wherever in this Agreement the consent or approVa!l df.,an Owner is
required, unless otherwise expressly provided herein, such conseh`n�op�,.�approvai
shall not be unreasonably withheld, conditioned or delayed. Any*-,� est for
consent or approval shall: (a) be in writing; (b) specify the section hereol;fw h*ch
requires that such notice be given or that such consent or approval be obta, yr�n �Ne ,
and c be accompanied by such background data as is reasonably necessary,Jo
make an 'Informed decision thereon. The consent of an Owner under
Agreement, to be effective, must be, given, denied or conditioned expressly and
in writing.
d. No Waiver. No waiver of any default of any obligation by any Owner hereto
12
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I LOTA 19183 Kilo's i me M 91 on 19191
shall be implied from any omission by the other Owner(s) to take any action with
respect to such default.
c. No Ajwn,c . Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or
of limited or general partners or of joint venturers or of any other association
between the Parties.
f. Covenants to Run with Land. It is intended that each of the casements,
covenants, conditions, restrictions, rights and obligations set forth herein shall
run with the land and create equitable servitudes in favor of the real property
benefited thereby, shall bind every person having any fee, leasehold or other
interest therein and shall inure to the benefit of the respective parties and their
w. -pccessors, assigns, heirs and personal representatives.
g. 91.ae's Acceptance. The grantee of any Parcel or any portion thereof, by
acce, t ncri of a deed conveying title thereto or the execution of a contract for the
purchase."'.".."I reof whether from an original Party hereto or from a subsequent
46
Owner of ;:'.ut`la Parcel, shall accept such deed or contract upon and subject to
easements covenants each and all '4of'ih- conditions restrictions and obligations
contained he i . }':,.,.such acceptance, any such grantee shall for itself and its
1, y
successors, assigns',,,�A ells, and personal representatives, covenant, consent, and
agree to and with the dih&, Party, to keep, observe, comply with and perform the
obligations and agreemes t forth herein with respect to the property so
p",
acquired by such grantee. Uon such conveyance (i) the grantor shall be relieved
of all obligations and duties
pursuant to this Agreement, from and after
an
the date of such conveyance, he grantee shall be obligated to perform
all obligations and duties arising pu ant,,,!,o this Agreement from and after the
date of this Agreement (and not prior tWreto').
h. Separability. Each provision of this Agreeucand the application thereof to
the Parcels are hereby declared to be independ n of and severable from the
remainder of this Agreement. If any provision �
co6la'.ined herein shall be held to
be invalid or to be unenforceable or not to run wA"'t-he,,J'"iid� such holding shall
not affect the validity or enforceability of the remainderfe.;:,this Agreement. In
the event the validity or enforceability of any provision of thi"giAg r eement is held
to be dependent upon the existence of a specific legal d e s ch'P., '1`tm 1, the parties
agree to promptly cause such legal description to be prep ared"�,..',0, ne- rship of
both Parcels by the same person or entity shall not ten-ninate this Arent nor
ii
in any manner affect or impair the validity or enforceability of this A& 7 t I bent.
i. Time of Essence. Time is of the essence of this Agreement.
J Entire Atireement. This Agreement contains the complete understanding an(:C---1.1
agreement of the Parties hereto with respect to all matters referred to herein, and
all prior representations, negotiations, and understandings are superseded
hereby.
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i LOTA 19TWO 191001007 M E I no 16101
k. Governing Law. The procedural and substantive laws of the State of Illinois
shall ,govern the interpretation, validity, performance and enforcement of this
Agreement.
Bankruptc . In the event of any bankruptcy affecting any Owner or occupant of
any Parcel, the Parties agree that this Agreement shall, to the maximum extent
permitted by law, be considered an agreement that runs with the land and that is
not rejectable, in whole or in part, by the bankrupt person or entity.
m. Section Headings. The section headings hereof are generally descriptive only,
and do not define or limit the operative effect of any such section.
e,,,`h. No Rights in Public; No Implied Easements. Nothing contained herein shall be
cV.th"onstru{edpublic as creating any rights in the general public or as dedicating for publ*
anv portion of the Parcels. No easements,
except as expressly set forth in
& oabove, shall be implied by this Agreement. Nothing herein shall q.tfn, 3
imp.,f"ffigooperative effect of easements heretofore recorded and of record with
al
respect :Parcel.
o. Appurtgnafi ment. None of the easements and rights created herein may be
transferred, a or encumbered other than as an appurtenance to either the
R
81-
S
MP Outparcel oL"'i,i t....le bopping Center Parcel.
p. PUD it Extension. is ac wledged and agreed by the Owners that the Main
Parcel Owner may from tire" Go time request and obtain extensions and/or
reinstatements of the PUD Ostantially the same terms and conditions as
contained in the PUD on the this Agreement (the "PUD Extension").
For purposes of requesting and Ainin the PUD Extension, RMP hereby
makes, constitutes and appoints the Maill Marcel Owner as its attorney -in -fact,
to execute, make, acknowledge and de-Iivfr any and all instruments and
documents necessary to request and obtain"' qc,h,,PUD Extension.
'Signattires onfollowing pages,
L
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i NOTA 191011191,0019 me M N no WON
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of 1.
RGPLP:
L. P.
ITNESSES. RAMCO-GERSHENSON PROPERTIES,
a Delaware limited partnership
0
Si ature Ab
[Print tar Above]
V
STATE OF MICHIGAN
RAMCO GERSHENSON' PROPERTIES TRUST,
a Maryland real estate investment trust,
General Partner
By:
Print Name- Cathedne Clark
Its: Execuflve Vice President - "ran sa 9!14
ss.
COUNTY OF OAKLAND
On this day of 2017, before me personally appeared
C.41
atnerine) -lark tomepCT_1',1T,.; ly known, who, being by me duly sworn,
did say that he/she is the EX=ffVe)fina p�niw of Ramco-Gershenson
Properties, L.P., a Delaware limited partnership, by Ranico Gershenson Properties Trust, a
Maryland real estate investment trust, its General Partner ande`.''that said instrument was signed in
1_41:'4,C K I
behalf of said limited liability company and said signato:!*,'.."' lowledged before me said
r
instrument to be the ftee act and deed of said limited
A
_
- -------------- :—I
KELLY A. ZELENAK
Notary Puhfin Mato m ut,.m..
%ps ITI 1%A "Um g
Count, of
LACAM
Wcumy
Order: 1028810-10
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i NOTA 191011191,0019 me M M** WON
WITNESSES:
0V
(Signature Ab "" el
1, IA
l
'1ame Above]
STATE" OF
ss COUNTY OF J A 1)
RAMCO MOUNT PROSPECT LLC,
a Dela are limited liability company
B yo-
8
Name: Catherine GlarK
Exec
Its: urlve Vice pre jaenF-TrdT1%1i0VUV1 10
,p ore me personally appeare-i
2017, bef
to me personally known, who, being by me duly sworn,r did say that e "Is e iso lte�c%i M of RAMCO MOUNT
PROSPECT LLC, a Delaware ''dd liability company, and that saidinstrument was signed in
s:krbehalf of said company and said. signafoi7acknowl edged before me said instrument to be the free
act and deed of said company.
aine:
Prhit,N,
XC VA
"AA
NTotary lPub ,ic, State 0
KELLY A. zEi
ENAK County ......... -M Notary Public, Suite Of MIChIgm Itl U 14 C.-
Cc)uniy ci w
ayne M y C o m rn ii`� s ExkeS'.
Of 4,A 1 7 A 20
My CommIssion E*kV d1m. I 1=9
[A Acting in thetto, n ty of t�)A zxa
in Im COW* at k (
GS
o if
Order: 1028810-10 Page 16 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM
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Page 182 of 202
i LOTA 19TWO 191001007 m mo 19191
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
Order: 1028810-10
Doc:1719439138
Page 17 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM
Page 183 of 202
I LOTA 16001191001 i me m Fool on 0191
"M
M _ffl� � %�'ffi I WIT9
111; ��� � I 111i ; 1 11111 440
THAT PART OF LOT I IN THE PLAZA SUBDIVISION LYING IN THtOEA'ST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 35 (EXCEPT PART TAKEN FOR' CENTENNIAL
SUBDIVISION) AND (EXCEPT THAT PART TAKEN FOR ROAD PER CONMMNATION
CASE #78LI 8740) DESCRIBED AS FOLLOWS: BEGINNING AT THE INTER�02TION OF
1`111C Mt-NDD A XTT-1 Df'*t A t-% 117TO'rLI rUIQ V A Qr T POV nV IrUL' XA1WQT I A;A� THIP
I JLL.114 %-1 Ix 1 11 L-d I 1 141-., X-f I JL\-rx I V IV I It I it it 1 11-4 L.WrxL.7 1 "11-4" -"� I I I I L.4 v v 1.4 . 'A I F C.0 '4 A A A I-o
SOUTHWEST 1/4 OF SECTION 35 THENCE NORTH 00009'46" WEST 179-6FrFE"I`
THENCE SOUTH 58020'52" EAST 89.98 FEET TO A POINT OF CURVATURE THENQ
SOUTHERLY 78.02 FEET ALONG AN ARC OF A CIRCLE TO THE RIGHT HAVING
RADIUS OF 49.00 FEET AND A CHORD BEARING SOUTH 12043'52" EAST 70.04 FEET
THENCE SOUTH 32053'09" WEST 68.50 FEET THENCE NORTH 57"06'51 WEST 23.71
FEET THENCE SOUTH 32053'09" WEST 35.00 FEET THENCE NORTH 57006'51 WEST J"i.,
1084 Mount Prospect Plaza, Mount Prospect, I L
24974351,3
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Page 184 of 202
18.36 FEET TO THE POINT OF BEGINNING IN SECTION 35 TOWNSHIP 42 NORTH,
RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
riF
PERMANENT REAL ESTATE INDEX NUMBER 03-35-302-014-0000
IN IN' THE WEST 1/2 OF THE
.,,-,-�,-e,,THAT PART OF LOT I IN' PLAZA SUBDIVISION LY G
DUTHWEST 1/2 (EXCEPT THAT PART TAKEN FOR WALMART SUBDIVISION) AND
tl� UPT' THAT PART DESCRIBED AS FOLLOWS: BEGIN-NING AT THE POINT OF
INT
ECTION OF THE NORTHEASTERLY LINE OF RAND ROAD AND THE WEST
EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 36 THENCE NORTH
57006'51 11 "ST ALONG SAID NORTHEASTERLY LINE 20.14 FEET TO A POINT OF
CURVEATURE..',.. THENCE NORTHWESTERLY 162.82 FEET ALONG SAID
NORTHEASIIE4,RLY LINE BEING THE ARC OF A CIRCLE TO THE RIGHT HAVING A
RADIUF 'iXl�46,.- FD FEET ANA CHORD G N SEA W 54051'49" EST 162.78
S 0 201"?',
'7
FEET THENCE N6RT,41 34030140" EAST 142.48 FEET THENCE SOUTH 58020'52" EAST
80.82 FEET THENCE SOUTH 00009'46" EAST 179.61 FEET TO THE POINT OF
BEGINNING) IN THE WtST."1/2 OF THE SOUTHWEST 1/4 OF SECTION 35 TOWNSHIP 42
NORTH, RANGE I I EASfOF�`*THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
I,F! ND FXCFPT-
PART OF LOT I, PLAZA SUBDIVISION, IN TRE?SOUTHWEST QUARTER OF SECTION
35T. 42 N.R. I I E.., EAST OF THE THIRD PRlN';`WAL MERIDAN, CITY OF MOUNT
PROSPECT, COOK COUNTY, ILLIN`OIS, BEING Mb'9-E',:ARTICULARLY DESCRIBED
AS:
AT lt�,",OF WEST GATE ROAD
COMMENCING THE INTERSECTION OF THE WES
AND THE NORTH LINE OF EAST CENTRAL ROAD, THENCEA'L.ONG SAID WEST
LINE, NORTH 617.80 FEET TO THE POINT OF BEGINNING; tAiNCE N 89C5813 1 10 W
294.97 FEET; THENCE N 2604142 E135.60 FEET; THENCE N 63%5W,389.30FEET;
THENCE N 00*01'21 " Elf 250.91 FEET TO THE SOUTH LINE OF CENTEN'. IAL DRIVE;
THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSE$.,,)�ND
DISTANCES: 1) N 89039'43" E416.97 FEET TO A POINT OF CURVATURE:`1 , 116 23 FEET
ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADWS OF
Af)nf)PPPT ArIPVTUAT 4vr,.tPn-P,)i0lAliw Amr)ACPnRT)TPATRPARV.,' -Atj119
•
E16.11 FEET; 3) S 67c'05'5711 El 135.16 FEET; AND 4) S 89 26'43" El 24-37 FEET TO THE'4.,',z.
WEST LINE OF WEST GATE ROAD; THENCE ALONG SAID WEST LINE, SOUTH 493 7P',,t
FEET TO THE POINT OF BEGINNING. CONTAINING 5.632 ACRES.
k
1084 Mount Prospect Plaza, Mount Prospect, 11.
24974351.3
Order: 1028810-10
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Page 185 of 202
1084 Mount Prospcct Plaza, Mount Prospmt, IL
24974351.3
Order: 1028810-10
Doc:1719439138
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Page 186 of 202
I Loyd NO 191001 i me m I on 16101
Exhibit B
RMP_ Outparcel Leeal Description
PLAZA SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION PART OF LOT 11
35, T. 42 N.R. I I E., EAST OF THE THIRD PRINCIPAL MERIDAN, CITY OF MOUNT
PROSPECT, COOK COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED
CO M. MENCING AT THE INTERSECTION OF THE WEST LINE OF WEST GATE ROAD
AN6,TjiE NORTH LINE OF EAST CENTRAL ROAD, THENCE ALONG SAID WEST LINE
294.97
NORTF�6''l .80 FEET TO THE POINT OF BEGINNING- THENCE N 89058'3 1 " W9
FEET; THENCE N 2 6 0 41'42" E, 135.60 FEET; THENCE N 631 5t5211 W, 389.30 FEET; THENCE
N 0000`
RIVE; THENCE
ALONG SA16' UTH LINE THE FOLLOWING FOUR COURSES AND DISTANCES: 1) N
89'*39'43" E416 . 07,EEET TO A POINT OF CURVATURE: 2) 16.23 FEET ALONG THE ARC
OF A CURVE TO THE, RIGHT, SAID CURVE HAVING A RADIUS OF 40.00 FEET, A
CENTRAL ANGLE 05'23,;f`14'20" AND A CHORD THAT BEARS S 78'043'34" E16.11 FEET;
3) S 67c'05r5711 E135.16 VET"E�T AND 4) S 89'026430t E7 24.37 FEET TO THE WEST LINE OF
" SAID WEST LINE SUTH 493.79 FEET TO THE
WEST GATE ROAD- THENCE,!:� ALONG O
INING 5.632 ACRES.
POINT OF BEGINNING.
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
Fr
rari
MON
Order: 1028810-10
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i LOTA 19TWO 191001 i m on � 19191
Exhibit C
Site Plan
ORAPHIC SCA2
UNTNNKI DHVE
v, nr I
-mf� t5o it, IN,
9F
-111W ALP "A 1� .41;vi
7
CrNTENNIAL DRIVE
ji r't
71 *"NN 101W
PARCEL 0578
`A.A'
:5.632 ACRES
wr
4iQ
. 0
It
not -
A R C J B 41
23.729 ACRES
Aw <
OW
Ir
0
/4
,1 "4 <
41
0
W
Lk lq:4 4
SOW
CAST CENTRAL ROAD
1084 Mount Prospect Plaza, Mount Prospect, IL
249743513
LWOU'Amul
AK a 21.11,
RsU 0 Wv
WITA * 24, U, W
OW - ZU
CK Mw 0 U* MI Ir W
.3 AC a &W
W-A 1 2W
MIA X lir 010
OW-0m,
AN * lor
404 - 4;JW
WLTA 91' 14'Ir
CK WAv I W V 2!r W
ot %� Not tri
b wA
Q
7rSCRj;%NSM
WKX W7 WI
*
Order: 1028810-10 Page 22 of 36
Doc:1719439138
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Page 188 of 202
I LOTA 19183 Kilo's 9 1 ce m I PM 19191
'UAL D'5GRIPTIGN
;A :t
w t0l '4 k OW11 -Y COCK V. ';I C-PX1 -W-E-Nn
-i'l PART Of �A'o I A% t�i" F-' A,7 A SUM: V-S�i L. (.,F 'NE 7�rlk j
U SEC Ril 3� (Exapl' HAT PAZ_11 IAKE� FC�_' "UNINNTAt %CZCWiSO4" -NE le_x=_r�*
TAKEN ma Pw:4 kINATH:Y4 CASE 09._!6!443* Ali'D THM P&R!
K6"WN5 A0 11t Alt"SM4014 Or -1HE MN7� LL,*c CF"�,AMD �CAb 417-, E-4.cl LAE
T .118"ZOV' EAST 5),38 FEE" TO A FED C%; 0J'R*APJ'�;' TE�%-_
SOUNU 'f 7*_02:'f-K- r 'Ar7 q
LT k(�%C ME ARE G
44 A -0 4FF T V; 04� 04 BE AR 1 .4 ; SOU r--k EAST 7f�' , C 4 1 S?�'-'-
WD (�V N'-*NQ,* HOR;" 57*Wt1' S T 23,71 -L UP TK.Nrl f
161-ST 11,"V111.1.1 (fj'-NM v� F,$ T -[�T (C, pry,'.J,
N'CN`%VN-AND (EVUT P( tirU, 'oit; vv I' RAN) ROAD VD11 Or i HL SwITH 6H" STI' 1. U X
THENCE SOUTHE4.57rk� '%Lww� I iE a P. -NO RCAD Q!�
Tr.o NE pott"I" V
4Si �0,76 KFI A N T r V7- T, r� R: Y 5
TA N
S 100 F .7
40% THE ARC ?Y A GRC_E TO fz4(.' ;'�ooqG t r_ N
N' vl'! ;0 �74S U a.
AR.Nyl , IT I)-,'
slW*1H 761130,31' EAST 6.fl
�F* .URVA%As-. T,KNU rk5TE-*i[Y 4&'.'11 FFN 'll[ cR"' A L_!R' 1 !'t
4IA'04C A R0O�TW0 .00
VlIVWE SUN 1114'16' DSFEET TID A ,,
31 FEET k,,741C THE ARC Or 4 r: TO L;.,F t 'V VS' "�j<
HAR'ACV* SOUN 44*N I,
wY '5b '-C t
TPENII?l VYJIf; 111"310V WWI 1-etm vrr 1H'E'M;E
fA
IrI 1 CjKNNtJUTE; 14S_
DN AL0 42 INIC'0i, I
MNICPAk. WERTUN. CIOCK COUN',Y, ILLINT)IS,
WORC Pk;'FICUMLI Mt,14.119171) #,S:
PART (if LOT 1, KAZA y'4 Or IZEC
W
11 Cjk$', 04' NE THPD �3R;N�IFAI W.RIDAN, CITY CtF W-fj'0 7117175PFCT, ",xi.4'. 4 ry
0, 1401S. DEINIC' UNE PM*14Cj.AA!.Y Df.'Skr'43f-v, As,
KOWNG Al IWE INTr.RSEC'Mt� !Y 0�'Sl tX-. OF 4�31 GATE RZJ-'* N' Nri"Mi
_ Z
e
OF EASTCB1'qk RjAD, 11KI110E kc`-rl SAL' F'V;"H N r,6'� Ft, Ill.,
NCA TH A S T-: R i Y t: h Cr' PAST R Ak R T 4D S if i iq
2106 M"': T+'NCE N1 3jL
ILL I IL; 04 rUl I U Q.-KiAtURi" i.#rNtj
D". �!�>T, SAID WRW HAVIN" I PA
,)fjs C" '7' '-k 4 11; � . %0.x F I-
AN� a CAC41D �1"A) FEAgS N 4.11"51'22" W. 21.+:110 'Fi-E-7; N W, 5%4j F-::7
A "-NT -X CURVATLK D4ZEN1 4950 FiLl ki,'A-C Zi-.- 'ARC of a VS.,* *FC1 U*'11' SA111.1
CJR'vv. A RAINUS 7 2400 FEM A C-R.rtRk Xis OF AND A C'n0F.D
,FAT 2EA'J$ N 57°tC.'45" 4, 066 F-E-7.1; T)ifNa S. 32050�.X-r 'IV, FEET;
N 56'545.13" W, 5'353 FUJ; N Z0.PV*k2u E, 61&sc rEl ITC_ A __(MT CC
N.E 7:.02 f-EE71 AI'Clk' T-!: OF' JL CU1114 JQ 1,f '-,AP i;1
19 4;'4N6 A Rol
45.()) FEET, A W4-NdL OCZEE U AN. A CW,1RD Wi &-ARS *i 2-•3t'270
'
70104 FEET, TRUCE. N %'08"Zi" 0, U'-6 FF.T., TH:-*q(,F E'. 514-.1Z4 FFEl TfO T?IE
SOV TIH UNE OF Vi-.Nx k, ostj S At", TH U NtF C. e P3 7 6'.
IrET; 11EN'S N ,00,01TT" EE. 1O23,19 FEV TO, T�J LINE 7�_N-a
ALCK SAID SO�.TA U-NE O5LLU-4c, 9*Wk ;V'�JFSES A*+;i N ' 5-TV44't
VC.97 FE t rO A P004 T OF C. RVA IV 7'. 16. 2: F' E F 1 Al. 4' C D W
0.1* A: H A, V N V' A �; A D US 0 F A 0, 0 G T Z T. A C U N1 A � A N q; E 0( C; A:4 A.
C 0 Rltl THAT BARS S 75#4!'34" r, W1141 QU-1, 3) 'F
SA:[l
E, 5 () J T 1r93,79 ' ' ". POINT 0� BEURNINNG, C-40N-,&NACF-ri
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
"A4Cr,L OWA,
PAF1 ',7t- LOT P�AZA %1MWSION, IN T-4-' qUJHVF_Fj �AFt�t_4 T =CTIV4 42
11 C. EAST IF THI NWO R;00IFA1 ly ci, vt3jai
IjAMAS.
i1EM,NN:All 'WE 0,31WILUA CF TH:.' OF_57 104E 0Z VC51 a RIAD A%'n k:>1--i
nf EAST THUNCt' A'-:I%"C- SJAQ WAIII LINE 14 01"."'28" *4 S41-`2 FEE!70
NCFri-FASTED_" LNL Cr EAST RANID RO)W, %t .G SA'-'� Nr#r� :Z A�-V Mp:Sizm'y ol. . '4
x nti Kr rrrT. r..rc^r o, r Vl Qf (T-! tjrLl-!r u. caa-eam
_ET 1-1 A, Pa�%T or CU1v,&rj';R--: rr1,-%C1 ',1,81 FLTr A! - rA�;" i)i; AR, , OF A, I r--- '(Q1
'
PPE M:17� SAID C%A4 HAVINC R 4)' 1: 55� T, A -Aif 24'53'4-. ",
4 XP. A a; -o'
ChDrw DIAT BEARS N 43051ti2.` VIi, 'tj,64 FFFT jrM' E 3111 , M. " w 0 51.41
A F-CIENT CC t�,R)oAVJW,,. (HJ�P4,�E 4&5() FEET ALONC l�k' A,;C OF ik r_L-V�r Md 1' v, 01. S."li,
i1tRVL HA14NG A 17 244,0 rXCT, A UOMAL As ^If 115"411
THAII ::RARS N 8 54' " W, 4 0 6 to FEET, THE S n r -z 3 1 %;A j'Cj W � 8 i4 : EE
U
k sosi'2a" w, 59.sA rv, i�!tj,*t-CA , A f A-
PY A 'P. t:
78 `70 kON' T4 A�^ 0:: r. 11�
LF I, CVVE RAD's
,7 434) 1n ;,FEET,In54k1, A'N2U"� *(','P �110100", 'I.'.(+1)�i; 14'
,04W W,
104 Fr",.T; lr;1;QK5'U9, 5ila Fa-" 7r'vrA"EC'"C?'.'I �^
FEE— rLt-, IHFN"F, 5 OV'01'4' W. *-E!; rjjt,),rj,,
7-� 9 YV, 13S-60 Mit, '111-OU cj4�51
CA P_' R, T(KVCE 4ACN46o I LINE', SOUT14 617.e� F-1� L I TIQ POINT OF BEU*'�; M.
0V !A!"A"
PALL V LOT F%4A ';LwV5NN' -h t"HE `WVY657 '.'�iLtAIIIER �i S[CTn�i �5, 4Z N., P.,
PAL
f� 14r Cf
_A'^T F tH-- THrj R:NDP SIN C, C40AN
v-:;u ;-ARrCtAkk� 6
VWVUNO `G A , k. TFRSEEtUDNO, f '"iAEST !IN-'' OF VWI C-ArtP 00 iHi'� OF wrr45T CCST-Rjv� Rf,1Q. Kkj� kCl�� SA VEST Ur.", NOAI�f AW.. F
W;T OF
*Nm it Z-11-00 ;I It, Z*$4' I i t ft V, tlb"Ju N .4j-4, -4 'k
N; 6_1"t9V!2'* W. 1V 3K FE-7; "DtEACE N Wvt)1'21' i:, 2W.91 FEET 7-k� THE S0.! UNE --7
4116.9 TIDV A F��74 Ow
AACts 8St 3 Ti-'r
bF Z 4' Fj AN- A
4., 5 C"i' CAD tH T aF-AFS S 7! 64 j'J4" F., 16. 67--f-ro-47m
, T U% xrstm-, 44
4 Lr I TO t4 AF.S"; --_ 7, 1-*:47 R-OAD, llifl cE AWW.'
) Is W'654 %7 r
wrls SWIM 49174 FUT M
M, 2�1
11
XW111 i*4"I"_� 'N'p, 50it xc_
4F.Mh!TM ttLS, V ftj4
MOUNIT PROSPECT PLAZA
TAX PARCEL DESORPT104S
r_--Emr_i
Am
Order: 1028810-10
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Page 189 of 202
i LOTA 19TWO 1910010 0: MA I no 19191
Ar
.0"IhL U UNTY
RECORDER Of;
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
Order: 1028810-10 Page 24 of 36 Requested By: firstam07, Printed: 9/14/2020 11:08 PM
Doc:1719439138
Page 190 of 202
I LOTA 19183 Kilo's 9 1 ce M WA M 19191
► ORDINANCE, GRANTING A CONOITIONAL USE"PERW FOR.
A FINALPLANNEDUNITDEVELOPMENT, CONDITIONAL USE
FOR A DRIVE -THROUGH ESTABLISHMENTA. VARIATION
FOR PROPERTY LOCATED AT MOUNTPROSPECT PLAZA,
(990-1145 MT. PROSPECT PLAZA, 940-950 EAST AND ROAD
AND 1200-1220 EAST CENTRAL ROAD. MOUNT PROSPECT., I
WHEREAS, Ramco-Gershenson Properties, L. P, ("Petitioner'), has filed a petition for a Condifional Use
tif}w.:=.tear d�a a Final Planned Unit Developmeht (PUD), Condilil Use fora Drive -T
hrough Establishment and
'e)
ariation ( Lot ,Coverag for prpperty located at MountPr6spect Plaza, 990,114 Mt. Prospect Plaza,
0 East Rand Road and 1200-,1220 East'Central R6ad ("Property') and legalij descrtibed as;
:PAK1`6
LOT 1 (E7,XQ,EPTING THEREFROM THOSE PARTS THEREOF TAKEN FOR THE DEPARTMENT OF
Ti ANSP6Ail,ON OF THE STA:rE,O'F! IL'LINdIS B Y.-CONDEMNAT(ON REGISTERED AS'
DOCUMENT N:L�"f 49tR LP-3201616,,AND ALSO EXCEPTT ING HEREFROMTH4kT* PART*IH *EREOF
TAKEN FOR CEN'T 154NIAL SUBDIVISION BY PLAT REGISTERED AS DOCUMENT NUMBER. LR,-
,3202 1 476) IN PLAZA"j: OBDIVISION, BEING -A SUBDIVISION OF PART OF THE BUT-IlWE,ST
QUARTER OF SE-CTI010*, TOWNSHIP 42-NORTH, RANGE 11 EAST- OF THE THIRE),P.RINCIPAL
MERIDIAN, ACCOR0ING,,T,0,,-PLAT THEREOF, . REGISTERED IN THE OFFICE -OF 'THE REGISTRAR.
1979 AS DOCUMENT NUMBER, 3104778-
OF TITLES OF COOK ONJULY 16,'
ALSO EXCEPTING THEREFRQ.. 'T-HAT PART OF LOT I IN PLA,7A,SUBDIVISION AFOR.ESAID
DESCRIBED AS FOLLOWS,
BEGINNII G At THE NORTHWEST COI-'NitR OF SAID LOT -1�, THENCE SOUTH 29 DEGREES 46
WINUTES 10SECONDS -EAST ALONG, HE'SOUTHWESTERLY LINE OF,SAID1( T'1BBING At. -SO
T14F"N'0R'TH F-WRTF ROi' F� It; H T.C )F_WAY!,*0 N E'QF,;RAND *ROAD.AS DEDICATED:B,Y 00C.IUMENT
D : 297.66).- F E ET T 04A POI NT OF I WRVAT U RE
NUMBER 31104-778;1A,OISTA?4C, E OF 296,41.1
THON'CE7CONT1 I N . UING I <S , 0LJTHEAST�kI1Y-'AC °SAID SOUTHWESTERLY, LINE,QN:A-
4
'TANG . ENTiAL�C0RV'E*'-. CONCAVEJ T'kE 5, D I U S OF. - 2,072,46. F E �T
,OiTHE-NOR _A,.ZT HAVING,ARA
G R . EES,56 M11" FO.R
:AN, AR04 DISTANCE Of 730"FEET, THENCE `NORTH.U,b,: E NUTES 31'SECOND AST;
bING,f
,61 FEEL" TO THE SOUTHWEST"CORNER:OF CENTE" NIAL SUBDIVI SION..-jkCCOR OjHt
i : I 'A f ' �, I I ... 11 1 1 4"v I U`�` , '' .- " , r, , *
PL, T.T�4EREOF,RPG ST�f�E�D.�FEBRUARY`l 1. DOGI: NUMSER'3202476;-THENCE
tNORTf+ c 6 b'E-G'REES.0'0:,MINLI'r,tt,,340-tt(t&N.DS EAST'AL0,NG`,TH6 WEST LINE`0r-GFNTENNIAL
� �t_ ��
JIN 0I''
S1bN-AFOR'1ES`A1`Q- 234,66 FEET T0,A,P0I`N:1`,0N,.J`H ',TH L :-;SA01T -PLAZA, SUBDIVISION" THENCE NORTH.'89 "DEGREES sd I ALONG',
SAID NORTH LINE, 832,35 -F -0 -T H IF, P 0 1 N! i N N I N
.(R:EC0R0 6315 .1,EET 7
PARCEL ONE AbbVt AL!�6 MbRE PARiICI JLARLY'0ESCR113ED,1 BY ANb BOUNOS', As
+'bLLO`VVS:-
PART OF LOT I, PLAZA SUSDIVISf ON,, IN . THE SOUTHV . VEST OUMTER,PF»86*T)-ON 35!
TOWNSHIP 421 NORTH,, RA,,Ni3_E 11 EAST OF THE: THR0- PRINCIPAL MliRIDIA MOUNT'
)PROSPECT &COOK 00 UNTY- ILLIN01
..$,BE`lNG,-,M0Re PARTICULARLY "S1
-AT THE NORTHWEST CORNER, 017V 3A�BEGINNIAA
Q Si, TE ROAD-AND;EAST ,�! f1b b"t
THE'NCE NORTH89 DE # N,WE ;:81 12;F TlE
5a
DEGREES5'4'MiNUTE,S:,28-SECONDS:1VEST,,,41�41, FE&T:4
"THENCE NORTH',33� DEGRrEES'05 MINUTES- # SECONDS EAST,, 35.60'FEET� TliENCE�N68fw 6`11"`,`
DEGREES 54M,NUTES:18 SECOND S'IW EST,, 120.0. FE FT," TE N HCE SOUT,H,'33* DEGREES 05.
-WEST., 35,001FEEfT
MINUTES 32. SECONDS HtNtENORTH,56 DEGREES,54 h! ES,,& M
.3&52 FEET:� THEN I CE.-ALQ '. N.:)"T'H''E-,AR"*C,Of;A-�CU VETC�THEAIGHTH
,SECONDS WESTo AVING-A
-AND A'LONG-CHOMSUBTENDE0 SEARING�OF"NORTH 53 DEGREES
;RADIUS OF-;9721,46 FEET
-THENCF-1�NORTH-.20'DEGRF-ES.,57-MINUT
:26.MINUTES 013 �EC'O,�DS WEST, 25-2.1,ES.12'
FEET!tl
.�ECON*OS EAST-_r 616,,36 FEET,THENCE,$0UTH'89D_E_ G` REES. 37 WNUTES 28. SE.00.NDS'EAST,
„ry^r>,..
6983a FEET,- THENCE NORTHOO 0EbkF_ES*0i'M*1NUTES '21 SECOND&EAST, 123,99FEET-.
'THENCE INTK-89- DE-OREES 39M I NUTES 43 SECONDS EAST, 416.97: F EET",
1084 Mount Prospect Plaza, Mount Prospect, IL
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Page 191 of 202
I LOTA 16105 191*01 i M on 9 R M0 19191
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40,DDFEET AND A.
LONG CHORD SUBTENDED BEARING OF SOUTH, 78 DEGREES 4" MINUTES 34 SECONDS EAST,
16 - .11 FEET; 1 HENCE SOUTH 67 DEGREE-S.0S MINUTES 57 SECONDS EAST, 135,16 FEET.
-37
THENCE SOUTH89 DEGREES 26 MINUTES43 SONDS EAST, 24,ECFtEt: THENCJES00TH 00
DEGREE Gi- 00 M IN U'T E S 00 SECob N S VVEST. 1, 11 1'«959 FEET TO THE POINT OF BEGINNING.
PARCEL2'
N -EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCELNE OFORJNGRESS AND EGRESS,
ON
PARKING OR MOTOR V8HIC'LES,'L0ADING7AND UNLOADING OF COMMERCIAL AND OTHER
�Mwlrl CC ANIn C110 TWI: I WAI IMAYR Ahin FACII ITIFR INSTAU..Fr) FOR
T L_ % I vLj &-a_ %0, 11 - -w %.a I F, %_ w Nw.
U THE COMFORT AND CONVENIENCE OF C StOMERSINVITEES, LICENSEES' TENANTS AND
PLOY EES OF ALL BUSINESSES AND OCCUPANTS OF THE IMPROVEMENTS AS GRANTED BY
AENTS AND COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING,LAND QATED
BY AND BETWFEi� � MOUNT PROS PECT- OPLAZA LIMITED PARTNERSHIP,,AN
-0IS:L1MITFD,PARTNE ryt&JNC,-ADELA AREC00"OkATIOK,
RSHIP, �N,O W.A.L-MART STO. _0
RE00RDED IN THE'OF F ICE'OF THE RECORDER '* Or- DEEPS: OF COOK C0UN,,rY,',-w' LJ'Nbj5,'* ON
SER.9D4 74272, OVE R, AND ACROSS THOS I-
SF&61FR�28 1990 AS DOCUMENT NUM
THE FOLLOWI NG DESCRIBED IWAL-MART PARCEL" AS DEFINED THERE] N
d"'A 'PAR §'
DESIGN T KI NG AREA
THAT'PARTOF A" 01' 1 (EXCEPTING THEREFROMTHOSE"PARTS THERE CIF"TAKE N POR THE
DEPARTMEW"' F TR NS FOR iATION faY CONDEMN ATION REGISTERED AS. DOCU ENT
NUMBER 320,1616.-A ." AALSO EXCEPTING7HEREFROM"THAT PART THEE EN F
EOF TAKOR
4
CENTENNIAL 'ZSUBDI I- 400-,BY PIAT REGISTERED AS DOCUMENT NUMBE.R'32074.7,6) 1,N. PLAZA
SU . 8DNASI0N.8EINGA$kW-'P' 01 C
1OF..P.o_NRT,OF THE $00,THWEST QUARTER OF-,SECTI0N.J;),
A14fi� EAST, OF T HE THIRD PMNCI,�AL N1
TOWNSkPA2 -NORTH A N 1t*A0Al4,.A�C�, 0Rb"ING TO.
J
0 1 HE REGISTR F;TI
RAOTLF ES OCOOK
PLAT f HERtOF REGISTERtb sal 4,t,'HE, FP"OP'&T'
COLINTY.- ILLINOIS, ON U LY)'&,`�A 919--AS DOCUM ENTN UMBER 3104778, DESGRIDED'AS
SDI" L .lS
BE INNING.ATTHE NORTHWEs*r cCAN15A,'0F'SAID! .SOT 1-, THENCE SOUTH 29 DEGIEES 46
0UtHWES� TE RLY1 I N E OF �SAID LOTI 8EING ALSO
F, & 1,0% MV A- 0 1 i'=" M tAiKim or� t. n t, c - ncriiri Art n ny, mnt"4k t&Achtr:,
I rl C Vow M I Hr-AS 1 Qr%&: T rx FGH -0V IV V11% -fw 7 -,%ar-�Ur w k*.- - "I
UM 'N'B'ER -310'47:78,,A'PISTANCE 0 . F Rb2971.'66 r-E-r_!,-TO"A"'POlt4T-OF-C'URVArUOE',
P,
;tHEN "C"E'C'O'NT'I'N'UING't6UfHAl'--ERL'�r' AL-01"40G`9A40,SOUTHWESTERLY LINE ON.A
'�TANGENTIALO CURVE, CONCAVE 'tb TA E'N9RTH5',W',,�,- ING'AJZADIUSOF 7D72,46,FEET-JOR,
4AV
AN ARC*DISTANCE . OF- 730 FE ET;, Tt�NCE- NORTH 56' ' MiNUtES,�l..SE-.CONDS',E�AST�, �-
. 26 F* E E'T T 0 T k''E'S 0W T H EST C 0 R N E R' QFCE , NT9"J" OIAL SUBDIVISION, ACCOR(AG'TO THE
MBE 12'0i�
WAE-44T��U JR,3
!PLA'T- THEREOF REGtSTERED'FEBRUARY'
_'6:.'NCE'.
NORTH 00 [�EGREES'0!MINU-ES,30'SECONOSEAST.ALONQTHEWEST'LINEOF.-CENTENNIAL
;SOID'IVISIONArORESAIO'234,66 FEET't6 kPowT 6NTHE��TH ONE'OF'SAID1TIN
:PL�,SULIDNISI ON;*TI-IENC�,,NOO'TI:'9.,'b' ' 00�S '9"MINUT ONDS«`WEST ALONG'
�6 _EG 3 3--111SUE C
.�,�G NING�,
.SA�O NORT�f LINE, BX 2,35 (RECORD132.,%) FEET TO -THE POINT
PARCEL,3*
't40N-r_-)(CLUS1VE EASEME_NT- FOR THEttNtFJT,OF PARCEL ONE FOP INS T-AdATION,
MAINTEN I ANC I e, � REP . AIR AND REPLACEM.ENT . Or-,ACL.. SUSSURFACS UNES'AND c6,46jITS FOR
WATERMAINS, SA NI T�kR Y, SEWERLIN ES :,ST0W- SEWERS AND'RELATED ACCESSMY
IFACILITIES, TO.�3ETHERVVITH ALL, SURFACE:STORM VVATER,'DETENTION ARE!
STRUCTE0,
.110 OR N*11:�
`BUT k140f-iIMITEOtO,' �.ET'E'ItbW ND§'iE'X'ISt1hd �O AS-GRAwTm
b - 16NS'AND,RESTRICTIONS AFF:ECTING,LAj4I)44.bA
",13Y'EASEMENTS WITH COVENANTS CON IT
U �PE'tiPLAZALIMITItD PARtNERSHI1`�
'' ...A
N
:SEPTEM81ER i6, 1990 BY AN"BETWEEN 'M 0 .4 TF*OS
I LLINOI S' LI MITED P . I ARTNERSO IP, AN D, . WAL
MAT- S
t�TQRES, INC,, A,DELAVVARE'C0P?PORA1
`RE -CORDED �IN THE OFFICE OF THE RECORD5R 017'DEEDS OF. CO.OK COUNTY' ILLINOIS:ON
'500A, Ac, nr%r*i 11LAZMT-FdI IWAPP QnA7A077 OVPQ ArRnIRO, AK1r).1jKIf)FRjH04.;F.1.
W.7%0 "W Wl�d%.fWWWF�j V 1 77-` 7=_
,PORTONS:0F THE FOLLOWING DESCRIBED 4WALWA,�RT PARCEL" AS 05F.04qWTHEREIN�
j 0ES1GNATE-:D,,AS'UTILJTY EASEMENT AREA AS DESCRIBEDON-D(HI?IT "E" THERETO*.
-'s t
tHAT PART OF LOT. 1JEXCEPTING"THEREFROM1.40SE PARTS THEREOF.TAKEN FOR THE
Ot 40)"M ENT" oI T RANsPoR''TATION B'^dbNt)EMNAllOt4°REGI�TER'ED AS'00CLIMENT
NUMBER 32.016-16, ANO,-ALSO EXCEPTING'THEREFROM THAT PART TfIEREOF '6' F OR.
TAK
%
D-3
1084 Mount Prospect Plaza, Mount Prospect,
249743.51.3
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Page 192 of 202
CENTENNIAL SUBDIVISION PLAT
-
;TERED AS DOCUMENT NUMBER 3202476) IN'PLBY REG0, A7 A
UBDIVISION, G A SUBDIVISION OP PART OF THE SOUTHWEST QUARTER OF SECTION 35i
r,hF�BEIN
T
THE THIRD PRINCIPAL MERIDIAN, ACCORDINGTO
'NOR"ril, RA.11GE 11, EAST OF OWNSHIP 4�
PLAT THEREOF REGISTERED IN THE OFFICE OF THE" REGISTRAR.Off` TITLES OF COOK
JUCY 1'9791'ASDQ 3104 . `78,. DESCRIBED'AS'
COUNTY, ILL.1N0!S,,O, CUMENT NUM163ER
FOLLOWS.'
EE
BEGINNING AT.THE UTH 29, DEGRS46 NO CORNER'OF S"AID LOT 1; THENCE 556
IV11NLJTES 10 SECONDS EAST ALONG THE SOUTHWEs-l-ERLY LINE OF SAID LOT 1, 13EING ALSO
-K
OF RAND 'ROAD 'AS DEDICATED BY DOCUMENT
-OF-WAY LINE,
THE NORTHEASTERLY RlGfiT
NCORD.297-,66) FEET TO -A POINT'OF CURVATURE'.
IJURFR110477ISTA 9, A GNCE'OF 296.41 1RE
THENCE CONTINUINd SOUTHHEASTERLY ALO►NG'SAID SOUTHWESTERLY LINE oN A
.�',.,TANGENTIAL CURVE, CONCAVE TO,'THE NORTHEAST, HAVING k-RApius. OF .2..072..46 FEET, FOR
0A �'N ARC DISTANCE OF 730 FEET;'THENCE,NORTH 20 DEGREES-56 MINUTES*,31 SECONDS -EAST,
�
645 26 FEET TO THE.SOUTHWEST COANER.017-CENTE14NIAL SUBDIVISION, ACCORDING` O THE
"I"PLAT.- THEREOF REGISTERED FESRUARY 11, 1981 AS, DOCUMENT NUM8.ER1202476:,T.HENCE
N0,R-7Tk+00 DEGREES 00 MI NUTES'30 SECONDS, EAST ALONGTHE:,WEST LINE OF, CENTENNIAL
1Vt-S
SUW fr. I N APORESAID. 234.66-FEET10 A POINTON THE NORTH11NE 0F:SAiD,LOT'-1 IN
PL. A2!X'sk1PPIV1S10N;, THENCE NORTH 89 UEGREES 39A41NUTES 13 SECONDS WET �ALONG
SAID'N64T- 14�E' '832.35 tRECORD432,55') FEET TO THE POINT OFBEGINNING:
property0ndexi
01 4�00,i 03-35-3D2-01 ".000i
VvH,EREAS. the Petit'kvie 1) Conditional Use Permit for a Final P'0ed Unit Delvel6Dment. to
construct two n&W' outi6gs, and, 2), Conditional, Use Permit,for a,06ye Throulgh'Es6b,fishment;
,�4� *,iation to, allow, Overall lot eighty-six ;:*went (86qloas
WHEREAS" ♦kii pe'btl6rie'r
sh, W on t�e' peiit,iorler)s Site foi.prbp'eqlocated at
a n .
mbultt.pros 't P-10-on, 990-1145 Plaza 940-950 East R6-id Rdad iind 1200-12261._:Asl`
Central Road: and
k4JW1:0r_A,Q pishiii- I4Aqir*nn wAr. IhAlll�i"rwqlit�.*g fir Crinditional Usi� Permits and 'Variation1— 1 711"
:designated as PZ-i,4-14, before the Plannihg ao-Zoffing Cpmrhission of the Village:of N1bunt Prospect
- 614 2611, day 6f June 2014, pu'rsuant to &6' ind-,,p(6per n0ce thei eof t'' in published In the
On I , owing be
jf�Neiald Net�soa on the 11 !"day of June,
EREA$i-thd,Planrting and Zoning, Commission has subM.At-,�,ea its findings and recomrne,ndaUans to the
Ptesid&t and Board of Trustees in su'pporl 6ithe"' request beifr,��,g th -S-L,4�j�Ct Of PZ_ 14-14. and.
WHEREAS. the President and Board of Trustees of the V41ao,.,.qt Mioudt Fl(ospj have given
consideiation to ih6 requ6t, he�ein and have ,determined thatthe°. meets the standards
of the
-e;wo: 6in tl�e best
Village and that the granting of the proposed Conditional Use permits Variabon Ltd interest of the Village.
NOS, THEREFORE, 'BE IT ORDAINED BY THE PRESIDENT, AND BOARD ,,0,X,,,?TRU $TEES or THE
GI"
VILLAGE OF MOUNT PROSPECT, COOKPOUNTY�, ILLINOI S ACTING IN TRJ�ftiXRSEOr THE;R �
HOME RULE POWERS.
SE!gTION ONE:, That the recitals set forth her6nabove are incorporated! herein as findirf"" by the
President and Board of Trustees of the Village pf Mount Prospect.
SECTION TW61- The President and Board of Trustee�s of the Village of Mount Prospect grabt,;11),:-a
Conditional Use peffnit for a Final Planned- Unit Develoome'ht fdr Iwo (2) new outlot buildings and,
Conditional Use permit for a DHV'e Through Estabil . ishr ienl. asshown on the Site Plan, a copy of whilch,
attar-ha,d and made a nan of as Exhibit "A,"
SECTION THREEt The President and Board of Trustees of the Village of Mount Pr6§0ect grant a
variation to allow an overall lot coverage of eighty-six percent (66%) subject to compliance' with the
following conditions:
D-4
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I L01 FA 16TWO1 Feel �# � *�-,
1 k. Devetopry)ent of the site irl gen0al coofi:irmianbe ur ith the -,site plan prepared by Gewalt Hariiiltbh,
Associates, Inc., dated A061 18k, 2014:
2, Development' of the outlot building in general Con.formance with the bullding pleivations prepared
by Wah Yee Associates dated Ap0 10, 2014, Color schemes for buildings shall match those of
existing buildings,,
1 Development of the site in genera( con lormance with the landscape plan prepared by 3DDesign
studio, dated June 25. 2014. but revised to provide evergreen plant material along We'stq'ate
Road and the drive -through;
4, Development of the site in general conformance with the photometric plan prepared by Gewalt
Hamilton Associates, Inc,, dated April 118, 2014;
5. Submittal of fodure cut -sheets for exte6or lights that comply a�th Villag Co de'
gp
6, Submittal ot final civil engineering, drawings for review and approval by the Vitlage. The
'
enginee6qg drawing shall shall In tide all site work including utilities, storm water detention, and
asswatea i mpiovernents;
i0eyelopment" 01 the site 'in �ccordanc� with all appikable. Villane Codes- and requir6mems,
1QJling'but not limited to, .detention requireme�nts, Fire Prevention Cowregulations,`lighting
s,, Sign Code regulatiJons*,, and building regulations: and
84 Issua**: , &"a b9ilding permit, in ardance With the current r6gulations. and requirements of the
'Tillage of MoiA' = Pros i4cf, must be *Issued within one Ma. k6m the date, of�adoptlon,of the
enabling ord iha i, be , by the Villagi* Board which ,authorized the. developrlij�m proposal. Ttie
development - - ap . "A' I - 'ta* bW herein, in, without; need for further iactio6'by,Jany,ViII6§e board,
ptova s g n ere
'it h,'� � the
commission oc offidal..,tkall 4�00me, null: and lvoid ff no Wilding permit Is Issued -w one (1)
year r6qu'lire'ment and` Ir'novvemarts mple, led Within a period of e.19 hleen (18) months.
P
:SECD LN oval,
I.Q.9—R, This Ordinance.,4,s��_,ifi be in tull *66 and effect from and after its passage, appr
a nd ruolrcation In parnphlat'farm in t, mq#her provid6dby law.
AYES, Hoefert, Korn, Matus;iak, Mall,,Zadel
NAYS'. Rogers
ABSENT: None
PASSED and APPROVED this 151", day of July, 2014.
UAW *3
`Ailene A. Jurice
Mayor
M. EtsaAngell
Village Clerk
H-CLKOkfilesWN\0RDlNANCkCon Use PUDvariaiontpzl4-14mtprospectplaza
OR
1084 Mount Prospect Plaza, Mount Prospect, IL
24974351.3
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Page 194 of 202
I Lo, FA voles Irmem �* � �
CENTtNINK DRIVE 41Wam "^�• I , ;
fill,
ro,f".2 I.#40 0*. 1
4482
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^:R�a `:%. ��a:, hy,y.,., y.k "``"'�i2 ,F4 AMM Qy".`¢ q,s`^,��X9� t
< 10
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EAST CENTRAt ROAD 14
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.............. ....... ..................
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1084 Mount Prospect Plaza, Mount Prospect, IL
2497435 13
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Aw
wq Zmm
WD VAM
Im
1094 Mount Prospect Plaza, Mount Prospect, 11,
24974351.3
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2 W-'*Z;A0 6:
A
m RIM
'e
0
r- vu�z. '-,am.ma rm ur% N rA--t-,a m m, Ir,= -'.
g"41
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h- klx^-F... ✓ w"irw'FMiMY � 11 11 1711", '
m 77 M W
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IMIWZ64"Ar wom "A'S e wwwr 21
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1084 Mount Prospect Plaza, Mount Prospect, 11.
24974351.3
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Page 197 of 202
I LOTA 16TWO 1910019 1 on 9 1 PM ON
$0 an FA r-ftxm-wm loop"" n-ft W-mr-w"
-qwwN &.-4 1" F.-I. . I
NYr ;5h **` A64�7'.X� U'Tf =744r-A F=7Z, LZA
01
�' 0#1 �-
Mi
Olt 07 6 � W 1 w:') U, 0+ GIL; 4G"v'I-G
ru'L't ",�
"Ma M4."=��M %a 'W"M I'M—" a"Pa P t ', n", "$8 G% � mine
6 Ova �*UFY�6
rx
!. M!pv".Fr t TT i
.41 nIr r=1I
n-
x"V
77 -77177 C '' 7v
C=
S- we, I
Lml�
1084 Mount Prospect Plaza, Mount Prospect, IL
249743513
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I
Exhibit E
The PUD Modified Requirements
--------- -
11
...... ......
lot
.=;Qw F1100 IN
4D rr
1084 Mount Prospcct Plaza, Mount Prospect, 11.
24974351.3
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Exhibit F
:RAP Outparcel
Restricted Uses
The AMP Outparcel shall not be used or occupied for any of the following:
(a) the display, sale or storage of seasonal merchandise (Christmas trees, pumpkins
f1bWers etc.), and/or the temporary or periodic (ie., not permanent) display, sale or storage of
th"'erch"andise (art work. novelties, clothinga. etc.):
(b laundry or dry cleaning establishment, provided, the foregoing restriction shall not
include "a"" """',tablishment for dry cleaning drop-off and pick-up only, with no cleaning services
being per at the subject property-
(
4�`
off., &,
c) ck betting establishment-
(d) a pool 6r.,-.billiard hall (unless operated as part of a large scale family recreation or
entertainment facility),
(e) a business self,A�g` -,§CO holic beverages for on -premises consumption except for a
i.a I
restaurant with sit down tabletrvice as its primary operation in which the sale of alcoholic
beverages does not exceed 50% ross sales -
Adult book store or any f of adult entertainment-
(h) a video game parlor or amusement a,.r4-ade-
(1) a business which would emit or produce no.ibs fumes or gases or loud noises;
an assembly or manufacturing operation;
(k) an establishment selling or exhibiting pornographic r61"' *als-
,# eri
(1) any bowling alley, skating rink, nightclub, discotheque or dah " hall;
(m) a lot for the sale of used automobiles-
(n) a mobile home park, trailer court, or labor camp or mobile home sales"`]'"`
qf,(except
1*' + + Ift p *ft et *-v r v e% ir + *" A + im + I r!k "e- A'a v *-v *ft r v p*-; e% A q
LJIaL LILIb PIVVIbIUI1 -J11all IIVL PLVIIJUIL LIJU MIJUPVIaly UOk, VL V.,V11,)LIU�AIVIL ILIUMA3 UUL1116 anw, F_ IVUa
of construction, reconstruction or maintenance);
(o) a Second Hand More. "Second Hand Store" means a thrift store, surplus store,
donation -based resale operation, or any facility selling goods that are not new;
(p) a movie theater or cinema; fr
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(q) a mortuary or funeral hone;
(r) a church or other place of worship;
(s) a distilling, refining, smelting, industrial, agricultural, draping or mining operation
(t) a junk. yard, stock yard or animal raising operation
U I a durnp or disposal, or any operation for the incineration or reduction or gart)age or
refu*,""'
.ny establishment which stocks, displays, sells, rents, or offers for sale or rent any
(V)
merchandiseMaterial commonly used or intended for the use with or in consumption of any
narcotic, dan d+ k rug or other controlled substance, including, without limitation, any hashish
pipe,, waterpipe, boft14".g kiape screens, rolling papers, rolling devices, coke spoons or roach clips;
(w) flea marketV'�,,,,
(x) an operation se-,-.' rincipal use is a massage parlor and/or exotic dancing,
provided this shall not prohibif,",,',. s in connection with a beauty salon or health club or
athletic facility-, "gF :r
(y) a pawn shop,
(z) no flashing neon signs may be pf% in the window or on any buildings or no any
poles located on the property;
(aa) gasoline station;
k
ebb) a use or operation that is generally considered ew.,an environmental risk to any
portion of the Premises or surrounding properties-
� cc) an auto repair shop;
IM
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I LOTA 19183 Kilo's 9 1 ce m I ROM 19191
Exhibit G
Building Sguare Feet
Shopping Center
2279785
W
17
0algreens 72,8,,
30002
Less UT -A
-2,695
Less " U " - D
-+1N VU
Less OUT-F
0
Less OUT- G
0
Walgreens Share 0.248213234
CUQ - Af
N ON
AWIMM aft rim P" oft
R PE C 0 mKpft II R V Y.,F uttus
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