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Home My WebLink About5. NEW BUSINESS 05/04/2010 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 27,2010 SUBJECT: PZ-02-10 / 2004 PIN OAK DRIVE / VARIATIONS (SETBA COVERAGE) / SCHULER RESIDENCE - PETITIONER Attached please find plans related to the Petitioner's request seeking approval of variations to the required setbacks and lot coverage for a patio addition at 2004 Pin Oak Drive. The Petitioner constructed a 14' wide by 14'8" deep patio addition last summer without a permit. As constructed, the patio encroaches six and one-half (6.5) feet into the required side yard and four (4) feet into the required rear yard. Additionally, the non-conformity of the overall lot coverage increased from 47% to 51 % with the patio addition. The petitioner is seeking a variation to allow a zero (0) foot side yard setback along the west lot line, an eleven (11) foot rear yard setback along the north lot line, and an increase in the maximum lot coverage to fifty- one (51) percent to allow the patio to remain as currently constructed. The Planning and Zoning Commission conducted a public hearing to review the request on Thursday, April 22, 2010, and by a vote of 5-0 recommended denial of a 1) Variation to decrease the required side yard setback from six and one half (6.5) feet to zero (0) feet for an accessory structure, 2) Variation to decrease the required rear yard setback from fifteen (15) feet to eleven (11) feet for an accessory structure, and 3) Variation to increase the lot coverage from forty-five (45) percent to fifty-one (51) percent for the residence located at 2004 Pin Oak Drive. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 4, 2010 meeting. Staff will be present to answer any questions related to this matter. w. H:\PLAN\Planning & Zoning COMM\P&Z 201O\MEJ Mcmos\PZ-02-IO 2004 Pin Oak Dr (Variatiolls-Sctbacks&LntCovcragc).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-02-10 Hearing Date: April 22, 20 I 0 PROPERTY ADDRESS: 2004 Pin Oak Drive PETITIONER: Thomas F. Schuler PUBLICATION DATE: March 10,2010 PIN NUMBER: 03-25-209-021-0000 REQUEST: I) Variation to Side & Rear Yard Setback for an Accessory Structure 2) Variation to Increase the Maximum Lot Coverage MEMBERS PRESENT: Richard Rogers, Chair William Beattie Leo Floros Ronald Roberts Keith Youngquist MEMBERS ABSENT: Joseph Donnelly Theo Foggy STAFF MEMBERS PRESENT: Consuelo Andrade, Development Review Planner Brian Simmons, AICP, Deputy Director of Community Development INTERESTED PARTIES: Keith Hunt, Tom Schuler, Joy Schuler Chairman Richard Rogers called the meeting to order at 7:34 p.m. The February 25, 2010 Planning and Zoning Meeting minutes were approved 3-0; with Mr. Beattie and Mr. Roberts abstaining. Chairman Rogers introduced Case PZ-02-1O, 2004 Pin Oak Drive, at 7:35 p.m. Ms. Andrade stated the Petitioner for PZ-02-1 0 requested Variations to the required setbacks and lot coverage for property located at 2004 Pin Oak Drive. Ms. Andrade said the Subject Property is located on the north side of Pin Oak Drive and is zoned R-I Single Family Residential. She showed the Plat of Survey as submitted by the Petitioner that depicted the existing conditions of the site. The site currently contained a single-family residence with related improvements. There were a number of nonconforming items. The overall lot coverage exceeded the maximum 45% permitted by Code. The principal structure at the southeast corner did not comply with the required side yard setback. And the patio encroached into the required side yard. Ms. Andrade stated the Petitioner indicated that a portion of the patio was constructed by the previous owner. She referenced a picture that showed the patio encroaching into the required side yard and extended to the edge of the existing porch. In the summer of 2009, the Petitioner applied for a deck permit. The permit was denied by Village Staff as the property exceeded lot coverage. Following the denial, the Petitioner expanded the brick paver patio to the north by adding a 14 foot wide by 14'8" patio addition without a permit. Per the Petitioner's exhibits, approximately 205 square feet was added to the existing patio. Ms. Andrade showed a slide that illustrated the constructed patio encroaching 6.5 feet into the required side yard and four feet into the required rear yard. The patio also encroached into an existing 35 foot storm water detention easement. Ms. Richard Rogers, Chair Planning & Zoning Commission Meeting April 22, 20 I 0 PZ-02-10 Page I of 5 Andrade said with the enlargement of the patio, the extent of the non-conforming lot coverage increased. The Petitioner was seeking a Variation to allow a 0 foot side yard setback along the west lot line, an 11 foot rear yard setback, and to increase the maximum lot coverage from 45% to 51 % to allow the patio to remain as currently constructed. Ms. Andrade referenced the Rl Bulk Requirements: Rl Single Family District Minimum Requirements Previously (w/o enlarged patio) Existing (wi enlarged patio) SETBACKS: Front Interior Interior Rear 30' 6.5' (10% lot width) 6.5' 10% lot width) 15' FAR LOT COVERAGE .5 Maximum 45% Maximum .36 47% No Chan e 51% The table above compared the Rl Bulk Requirements to the subject property. The Village Code required a 6.5 foot side setback and 15 foot rear yard setback. The patio was constructed up to the west property line and 11 feet to the rear property line. The overall lot coverage permitted was 45%. The property was non-conforming prior to the patio expansion. With the patio expansion the lot coverage increased from 47% to 51 %. Ms. Andrade stated per Section 14.402 of the Zoning Code, any nonconforming driveway, patio, or side walk may be replaced in the same location without complying with the bulk regulations of the Zoning Code, provided such structure is not replaced with a different structure or enlarged to increase the nonconformity of the property. In this case, the Petitioner would have been permitted to replace the patio previously constructed by the last owner with a patio in the same location. However, the enlargement of the patio was not permitted without complying with the setbacks and lot coverage. Ms. Andrade said the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following is a summary of these findings: · A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; · Lack of desire to increase financial gain; and · Protection of the public welfare, other property, and neighborhood character Ms. Andrade said the Petitioner stated in his application that the slope of the yard renders it dysfunctional and that "there are no other lawns nearby with such a dramatic slope". Based on an aerial topography ofthe site, the slope of the Subject Property's backyard appears to be consistent with surrounding properties due to the presence of the storm water detention easement. While the Petitioner stated that he reconstructed the patio that was in place and expanded it for the purpose of creating an outdoor useable area, the extent of the encroachment is significant. Ms. Andrade said the Petitioner applied for a permit to construct a wood deck and was denied for reasons discussed earlier; however, the Petitioner proceeded to construct a brick paver patio instead without a permit and was now seeking zoning relief to allow the structure to remain. The alleged hardship presented in this case has therefore been created directly by the Property Owner's own interest in the property and not by the zoning code. Richard Rogers, Chair Planning & Zoning Commission Meeting April 22, 2010 PZ-02-10 Page 2 of 5 Ms. Andrade stated based on Staffs review of the Variation standards, Staff did not believe that the Variation requests comply with the standards. Therefore, Staff recommended that the Planning and Zoning Commission deny the motions. This case is Village Board final since the Variations exceed 25% of the Zoning Ordinance requirement. Chairman Rogers asked Staff why the deck was classified as non-conforming, when it should not have been allowed. Ms. Andrade said the Property Owner originally applied to add on to the existing wood deck to the east, but was denied by staff. Ms. Andrade clarified the portion of the patio that was originally constructed by the previous owner and replaced by the Petitioner. Ms. Andrade then pointed out the patio addition that the Petitioner constructed without a permit. Chairman Rogers asked if there was a permit for the original patio. Ms. Andrade stated that Staff did not find a permit for the original patio. Chairman Rogers confirmed that the patio was illegal since it went out to the property line. Mr. Simmons stated there was no record of the original patio or service walk, they are non-conforming. He said the Plat of Survey from 1977 did not show the original patio or service walk. Chairman Rogers stated that when the existing home was originally built, there were special requirements for drainage because of the property's proximity to the Des Plaines River. Two of the lots on River Road were never developed because they were held off to be detention areas. Chairman Rogers stated the detention in this subdivision was really critical. Mr. Roberts confirmed that the 35 foot detention easement was for the entire development. He stated that the existing framed porch was already in the storm water detention easement. Mr. Beattie said the Property Owner could not put much in the backyard due to the storm water detention easement. Mr. Youngquist stated that the deck that was constructed in 1998 turned into a porch. Ms. Andrade confirmed that this was correct with permit history. Mr. Roberts asked if there was adequate storm water detention with storm sewers. Chairman Rogers stated that all of the storm water detention was held on the two vacant lots and in the backyards of the properties and eventually would flow into the Des Plaines River. Since there were no storm water sewers, Mr. Roberts said the drainage on the Subject Property was more critical. Mr. Youngquist stated there was a catch basin on the northeast end of the property. Chairman Rogers believed the catch basin was to assist the water to the vacant lots. Chairman Rogers swore in Keith Hunt, 3 First National Plaza, Suite 2100, Chicago, IL 60602. Mr. Hunt stated that he was the attorney representing the Petitioners, Tom and Joyce Schuler. He stated that the Petitioners knew they constructed the porch without permit and it was unlawful. Mr. Hunt said he was attending the hearing to apologize and should his clients be granted the Variations, they would pay for the permit fees and fines. Mr. Hunt stated the patio that was replaced on the side of the house was in disrepair. He said Mrs. Schuler was unable to move around the old patio. Mr. Hunt said that the Petitioners did not know if there originally was a permit issued for the deck. He said the 1977 Plat of Survey did not even indicate the driveway for the home, let alone the side patio and walkway. Mr. Hunt discussed how the existing patio had a non-conforming status to the lot line. He said the walkway along the western lot line runs along most of the house. He asked the Commission to consider the extension of the patio to not include any additional non-conformity along the side yard. He stated that it was true that the patio was enlarged and extended into the rear yard; this was one ofthe Variations being requested. Mr. Hunt said that he understood Staff had its calculations based on information submitted by the Petitioner. He believed the application was errant to a certain extent because Mr. Schuler drew the lot line at the fence line, but the property line did extend an additional foot to a foot and a half. Richard Rogers, Chair Planning & Zoning Commission Meeting April 22, 2010 PZ-02-10 Page 3 of5 Mr. Hunt showed an aerial view of the Subject Property. He also showed a picture of the rear yard that illustrated the aforementioned backyard slope. He discussed the location where the 1998 patio was built upon where the backyard starts to slope. Mr. Hunt's next slide showed the porch enclosure with the patio. He discussed the denial of the wood deck due to the bulk requirements. He also talked about permeable surfaces. Mr. Hunt referenced a picture of the existing walkway that was replaced. It measured approximately six feet by fifteen feet in size and extends to the fence/property line. He discussed the next slide which included another view of the new patio. Mr. Hunt stated that the patio measured approximately fourteen feet by fourteen feet. Mr. Hunt discussed the adjacent neighborhood (Celtic Glen) to the North of Pin Oak Drive. He said the backyard patio at 2011 Celtic Glen was closer to the rear property line than the Petitioner's patio. He also discussed how the lot coverage seemed to be high too. Chairman Rogers said that this may be a problem for the neighboring property, but the Celtic Glen property did not have the same water easement as the Petitioner. Mr. Hunt said that what the Petitioners have done with the patio is nothing new to the neighborhood; they have not altered the character. There was discussion regarding why the original permit was denied. Chairman Rogers discussed how the enclosed porch and patio were within the water easement and the negative effect for the neighborhood. There was general discussion regarding flooding along River Road and the storm water management for the subdivision. Mr. Hunt provided the Petitioner's original title report to the Commission. He referenced a dispute in Schedule B of the report; this is where exceptions, easements, and liens are noted. Mr. Hunt said exception number eight showed an easement for drainage and public utilities of the north ten feet of the property. Chairman Rogers stated that the survey clearly showed the 35 foot easement. Mr. Simmons said item eight referred to the public utility easements on the property and item nine from Schedule B referred to the detention basin over, upon, and under the north part of the land that is shown as the Plat of Subdivision. Chairman Rogers said there were problems on the land where the Petitioner's home was built. The Developer gave a lot of exceptions to the rules to make the property work. The special requirements were added to resolve the water detention area. Chairman Rogers said the Petitioner voided out some of the water detention area. Mr. Hunt stated he understood Chairman Rogers concerns regarding storm water management, he believed that this was not the only issue in regards to the Variations. He said that the Commission needed to look at the surrounding neighbors and character. Mr. Hunt said the bulk regulations in the same Rl district, if it's considered a non-residential use, jumps to 75% because it would not be a residential use. He stated the Variance for the rear lot line was to diminish it from fifteen to twelve feet. Mr. Hunt stated that a neighbor has a shed all the way to the rear lot line. He believed the patio was an improvement and came at a considerable cost to the Petitioner. Mr. Hunt discussed the standards for granting a Variation. He said the slope was at a more severe rate in the Petitioner's yard as opposed to other properties in the neighborhood. Mr. Hunt stated that the Petitioners did cause the need for a Variation by installing the patio without a permit. He reiterated that his clients would pay the fine and all of the required fees and costs. Mr. Hunt said there was a house a few blocks away on 1820 Cree with a garage in back that was also considered an accessory structure. The garage is approximately five feet off of the rear property line. Chairman Rogers Richard Rogers, Chair Planning & Zoning Commission Meeting April 22, 2010 PZ-02-10 Page 4 of 5 stated that this may be allowed. Mr. Hunt discussed the differences; Code allows five feet for garages and fifteen feet for patios. Chairman Rogers said the difference is that the garage Mr. Hunt referenced was not within a water easement. Mr. Hunt concluded by requesting that the side yard setback be grandfathered in and to decrease the rear yard setback. He stated the porch was not detrimental and injurious; it was consistent with some other properties. He said not one property owner has submitted an objection to the Petitioner's request. Chairman Rogers closed the public portion of the meeting and brought the discussion back to the board. Chairman Rogers said the lot coverage was beyond the 50% that they normally do not allow, plus the patio is built within the water easement that was granted on the entire subdivision. He does not have an issue with the existing patio to the lot line. The whole new patio is taking up a large part of the water easement. Chairman Rogers stated that Staff could look at the neighboring property that may be within the rear yard setback. Mr. Floros asked if the construction of the patio was completed. Chairman Rogers said the patio was built and completed without a permit. Mr. Hunt confirmed that the patio was complete. Mr. Youngquist said the height of the patio from the grade looked like it would require guardrails because of the drop. He stated that a three foot service walk would be permitted from the property line. Mr. Youngquist said when Mr. Hunt discussed commercial properties having up to 75% coverage; they are required to have detention. He said the residential to commercial comparison was unfair. Mr. Youngquist stated he could not approve the Variations based on the patio. Mr. Youngquist asked for clarification if there was a fence on the property. The fence currently existed along the west property line, but it no longer is in place along the north or east. Mr. Youngquist believed the patio was even more dangerous with the backyard being accessible without a fence and someone potentially injuring themself on the patio; since the patio had no rail guard. Mr. Youngquist made a motion, seconded by Mr. Floros to approve: 1. A Variation request to decrease the required side yard setback from six and one half (6.5) feet to zero (0) feet for an accessory structure; 2. A Variation request to decrease the required rear yard setback from fifteen (15) feet to eleven (11) feet for an accessory structure; and 3. A Variation request to increase the lot coverage from forty-five (45) percent to fifty-one (51) percent for the residence located at 2004 Pin Oak Drive, Case No. PZ-02-10." UPON ROLL CALL: AYES: None NAYS: Beattie, Floras, Roberts, Youngquist, Rogers Motion was defeated 5-0. This case is Village Board final since the Variations exceed 25% of the Zoning Ordinance requirement. Mr. Roberts made a motion, seconded by Mr. Floros, to adjourn at 8:36 p.m. The motion was approved by a voice vote and the meeting was adjourned. ~/f~ Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair Planning & Zoning Commission Meeting April 22, 2010 PZ-02-10 Page 5 of 5 VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Variation Request fVV 'l~ '\ ,," f' ' '., ,,... , -\ <) Y.. V v "RJ~ ~; cae 1- R#' ~ ~~~ <(\0.' ~i~ f gP 0' ' (:)'?1'" o,e:~~ The Planning & Zoning Commission has final administrative authori~Ct~f'\ all petitions for fence variations and those variation requests that do not exceed twenty-five (25(~fof a requirement stipulated by the Village's Zoning Ordinance. ~ PETITION FOR PLANNING & ZONING COMMISSION REVIEW Village Board Final z o f- -<~ ::tc 0::0 o eJ U;.. u z.E - ,..., x~ w o z z ,..., 'wi f- -< ;;; ::::: ,..., 'wi :... /. ~ z !/ II il~o.. z o '- ~ ;;; ::::: ,..., 'wi :... /. G =: c.. /. c. :..j< ,..., , 'wi ::::: . - 'wi ~ U -< 0:: Case Number PZ - - 10 Development Name/Address Date of' Submission ----- Hearing Date Common Address(es) (Street Number, Street) 2 ()()Lf.. e IN __.9A~nmJ~R LVE". . . .. Tax I.D. !\umber or County Assigned Pin Number(s) I o 3 - '2 5- 2. 0 '] - 021 - () Of) () . l.egal Description (attach additional sheets if' necessary) l;J Act'- 1 A f<. () P A'll t) Name Telephone (day) (/'-11- 3 75 -8,q "'1 r- --_._---_._-~~~----- --~_.~~._._~._-----~ ----.. Telephone (evening) , I -fttoMPr5 Corporat ion !ilk Street /\ddress ~~JL~L_~~ F Fax ~oot.l PIN () ^IL Cit) D ~\ y~ I State !:C.k. . (;;005 L, . N/A--. ._______n_ u/!/~.~____~o. Zip Code Email MT.. .fl\.o~e[.(C- Interest in Property (P WN"6R.. (JCC vtfA~ z o ~ z: <::;; ~ g ~ ";;; ,-.., v; ""-I ,::J ~-::: ?E;~ ,..., ~ Z 2i :S E o g- O:::~ r". > ~ '-.J :t:,-., U- -< ::::: FIN oA'f.- ot<.\\f~ !VIA-- ~--. ~------~-~-T------~- --~-----~-~ __~~'_U_'_ ___ ____ _.__.~~ (~, P~5Pi%, l: Z:~':oS-/, !"wi! IV fir e:~~:oP;'~~~~-iN A~DcLLAN~~~A;';;G TOI:hOOC ;d"Y) ^ddn:ss I Fax I i j':m a i I ~ o ;: -< ~I 0::: ~ ~ ~ ;;;0:0 - >> o t ;;;0: 1S. ::J 0 OC: 0::: ~ :t: U -< ::::: Name 'lit OM A-5 F: SC.~U.L~~ Corporation ------------_._-~-_.__._--- ----- -------- --- ~.__._-.~._-----_.~----------_._-----_._-_..._- Street Address Zoolf ^ nomey Name Address - - ________._____n____ _____..._______________n._______._____.._________. ..--------------------- ___"'. u___. .... __ _ ___. ...._ Surveyor Name Address . --- - ---------------------..-. - "-.--.--....----- ~---.. ---'---'--"~--- "---------- ------__._______ __mu__ .0.________.____ _______ Engineer l'\ame Address Architect Name Address Landscape Architect Name Address Mount Prospect Department of Community Development -. Telephone (day) ='_"0',"_"",_-,-0"--",__ -=-=--_-c=---=--=---,-_--=-o--'--__---==-=,-,=.=;_==='"===-_ <!1.f7- 315"- qq7~ Telephone (evening) ( I -- -_._--------~-----~_.~._~----------_._.._-- Fax Telephone (day) Fax Email .-------- _._'~---~---_._--_._._---- - -...----..---.. -----..------...--------- --~---_.__. ',.----------- Telephone (day) Fax Email U .___,___.____ n_ .__._________~.~__..__._._._.. _____ - -- .. ---- - -. --_.__.._._--_.,._--~-----,....__._._-- Telephone (day) hlX Email u_ o-~J Telephone (day): Fax Email Telephone (day): hix Email Phnnn Qil7 Ql Q .;:')')0 I ::::: :....l '- "'-CI1 O~ :..J ~X -<=::: ~; ~~ ::10 JJ= U -< 1fC~de Sectio~c0)-f~r w;;i~h~~-a;'i-c;~i-~~~)i;-(are) Req u~~~e~d-~ t 11, 2- O~~__~_ __~_ " Summary and Justification for Requested Variation(s), Relate Justification to the Attached Standards for Variations .:CY\. ~ tAS~ 0+ ~ ("l$; 4e--vlLL- tt+ :200 + p,,.J (}AJC. O~, . r . ./ :1 Qm ('~1l.(.I_d-i'n~ tL Vtly,'a-hOl1 -Iv t!IlY)s-frlA~t- I<-- PcVfio Ju.t?- 10 -+he-- ii~h~c~ t!-ot1d,'-h'n, of --Ik S4rd. Th~ slo~ {)'p '-fk- ii yar-4 Y~nde{'s )'t "'~sfLA.(Jc-hQn~ .TAet'L i ~ nL? areA..- Wl1e:~ il One.. CtvYL pl.lf- IJ.- -J-a.,hle., or ehCt/-('} J-t+ ~JtPh..~ 30 0/,(.+ Info * 'Javel -J-o €nio~, M<J wl'.fe) who. hits d,'-f-ficlAll;; wtt.lk"njJ Ca.n neVvr (to if1, '{hi., bt{ck~o.Y-c{ Or 6he" wouJL u:klJ__;J;.OW1 '+Iv... fb-wn WflvI'L-:a 1M e -I of fu J~W(L -T1UrL a./{'L no o'fh(y lcu,U(}o nlttvhJ '1A.},.i-11 .J~h A.. d (' am.fAh'L- S /o(J.e. ' , Illease note that the application will not be accepted until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. It is strongly suggested that the petitioner schedule an appointment lI':th the appropriate Village stalTso that materials can be reviewed for accuracy and completeness prior to submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby alTirmtklt all inlc)J'Jnation provided herein and in all materials submitted in association with this application are true and accurate to the best (Jfll y kn()\Vledge'C4e::v/;';"4.;I<~~~.J _ :\pplicclllt . r~ '/,,< Date J..4'A/,,(l-<O/O ------ !lrilll1\'ame /#C/o/45' r_5e#?)L--e-/e. I r applicant is not property owner: I hereby designate the applicant to act as my agent ('or the purpose or seeking the Variation(s) described in this application and the associated supporting material. Properl: ChI l1er4~;J//a:.:t ;;;r:{xL~ ~ //+~/-1sF;5;;~OL@e.. Print '\!alllc ",,~ /J:A' &/0 /. Mount Prospect Department of Community Development 50 South I~merson Street Mount Prospect Illinois, 60056 Phone 847.818.5328 Fax 847.818.5329 'l'DD 847.392.6064 .., .) .ft . PLAT OF SURVEY oj fFDfbfg (G@[?JW VIlLAGE Ql1 Mt PROSPECT ~., ANTON, 1- Pra{UsVft 301 N. WiIk $tTH1 Ml. Pro.1pect. IL 60056 SCALE: I inch .. ~~~Cu '01. Z! ill Tll~(' Fa,'m E~;liiL(;~., ht.jng n Snbdl,vislOll 1.11 pllfl or till' Srl\lth Ii of tl:,J Northc'H;.! ~ fir :,l"ct iOI\ 1.'i, lllWll~hip 1,1 Nfl;-th, Rill1p." II :~i1"" ufthr> Third I'cillc-jpal MC'riflii'Ill, :I\'cordilll'. to tIll' pint lhl'O!llf !"('.}:o-rrlerl ;a~~ IhJl:I\IlH'lll Numhl'f" 2.1.tlYL\(J and U'l'.isl('rl't~ ill till' O[ric,'p dj)>ttl'f\:,Atpr.i,~,trar uf Titl.~!; of Cook County, Illil\"l:~, tjS HtH'Unlt'n t Nnmh'.'c' lHZqhlU '17, ill Cook Cnllll t y. I I l (Illd}:. -- ---:;... ."4>"~ :;:;-;;<'''~ -~-;;:'.. 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L~:e:~'l } t ::~:;,.j ;' : '" ~ Is,',,,,~,, I ~l;'" ,<.'.- l_ , l , ;, " "\ ~~ ~ i'. I~S~O" (v,.-;'~< 'p//l/' OA'k UR/vr- ORDERN[fMIlER.' 4S89.1'__ FlEW BOOK: . 4","- //- /03 PAGE. _,y 3. _ ORDEREDBy:~"'J~. ~A'~___________ !lI........~;j:LAND'"", ..~"!............<I'"... !cf:'.'~ADA~S-.~€;' ~f~ 35-2810 i~~ ; \MTu"Il~cr j # ~c.P;'... ....:c,/ ",'flt;........~rs.. """",,~f.!~~~"'.... Comparr legal description on this pial with drrd or litle policy. Compa"" all poinu befi:w't building by.stlPM and report any dJffrrencu at once. Building linr$ and easemenU, if any. art shown 03 tlwy appetl1' 0" tile reco1'ded pIa, of svbdivuion. otherwiJt 1'efer to tked, tUlt policy or Zoning ordinances. Distances or anglu show" may not be Q$sum~d by scaling. _ _.1. ~ _,,-,,~~ ~v""T~ .:?<I"I~""Jl"'"'A-~~ .1__ ----...-;"..,'"" 1 C ,.,.....~J-.,.. \ ~ I . ~ I .~ " ~- , I ~ ~ ~\J I ; ~ '-l .~~ 71 ~~ \ 1 c ~ f.< ..i'"'c....... 'L 71 -1r ..:. i'...... ,:_-_::-:'~ sz;r:::;J~~ j " /, ANTON ADAMS, III''''',. hofr-uional Land ~ /hall """" ~ th< P"'f1<"Y de.crilnd.boo< <md tho is a cornel npresellltltllm tlwrrof 17ti.J pro!u.sio1llJl .J CIIrnnt l//inoiJ mini",.,." .Jtandarrb 10' a boundory sur'\lt!) MOUNTPROSPECf.IUJJ/OIS ~'::"6"'T ?? ~~ RE: Application for 2 separate variations for Pin Oak Property. I am applying for variations on 1) a decreased setback, and 2) an increase in lot coverage for my property at 2004 Pin Oak Drive. In late June 2009, I applied for a permit to put on a deck. I had contractor's drawing along with the application. On July 9, 2009, I received a rejection for the deck. I asked if there was anyway we could put something down that would level off the backyard and enable us to use this space. I was told I could put flagstone down 2" apart so grass would grow between the stones. This was very costly so I decided to build a patio with brick. The patio that was laid was done as a continuation of an existing landing area at the base of the stairs off the existing addition. This original area went from the gate to the stairs and about 2' beyond, and was small, lacking the space even for a grill. I basically had the contractor reconstruct the patio from where it was and extend it out to the backyard. The reason my wife and I wanted this patio was to be able to utilize our backyard. We have approximately a 3' slope from the back of the house to the fence of the yard. This is somewhat manageable for me, but absolutely impossible for my wife who has a handicap walking. She cannot go in the yard for fear of falling. I am 76 years old, and have lived in this home for 2.5 years. We have never been able to use our outdoor table and chairs, and barely had the room t~ grill. The balcony off the existing addition is 3.5 x 11 without stairs to the yard. I just want to be able to sit, relax, entertain, etc., in my own backyard. -, ~. < ';0 - -.-.'- ~~- ; L1tt8I ~~ ..- .,... ....._, "",,'- -.;, ~-~. -'~"'f: #IfR::~ ewt.... ~ 'OJ< ';.:......~". _,::-,.:. ..~~ t~'*" ;;.- -'" - ..;?' ': -..;~,~;' ~ -; - ....-. \ i" J"'" .~ #' .;. .~-----: ~- ~ ~ ~ .- '" -".. ~...... ~_... :...... 4..~;. :t:"-.....~..~ .., -t(~' "'" ~ : _.-.:....~...... ~.... ~ ~~ - ~ - ...,.."Vj -" . ~JI!iiIII1"'.- .. .. ..;,-:..., -' ".~"",! ..~.;.... " ...~ ....=-~ I - ..::.......:..-~i-- _ .... ~,::.;>~..~~",~:",=.. . . ~.. ',.~'. ~.L __': ,~" ...<'~, "4.--' -y ~-;;", .. ~~ ~ ,.~ -'. ., ~. -~;....... ;.00.: ........~.. .... ....__ ,~I tl"'.:' t - ~.i '<:C"""~tr::.... - ,.... · ~ .,.... .r'J4!. ~__.... .....,~,.-!... l.:~~~~~~_~:~~ ..~~'.'-~ ~~z-ii- ..... ~-.. ~~ ~~.. .:'W.....~.",. .. _ ~ t ---... ~~.lICt ___.... .' ..}J ". '..... .",.. . . ..,. . ' ~: :; ... .~. ..... J'4>' ~ 't- ~,,, J .~ . I ",' 'l'f' "IJiii. ...:.lll1ia ...... I _ ---=- r' __ _ ...,.x.::._:~~ '" '''-.' ~ .... ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS (SETBACKS AND LOT COVERAGE) FOR PROPERTY LOCATED AT 2004 PIN OAK DRIVE. MOUNT PROSPECT, ILLINOIS WHEREAS, Mr. Thomas F. Schuler (Petitioner) has filed a petition for Variations with respect to property located at 2004 Pin Oak Drive ("Property') and legally described as follows: Lot 21 in Tree Farm Estates, being a subdivision of part of the South ~ of the Northwest Section 25, Township 42 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded as Document Number 24113330 and registered in the Office of the Registrar of Titles of Cook County, Illinois, as Document Number R2968157, in Cook County, Illinois Property Index Number: 03-25-209-021-0000; and WHEREAS, the Petitioner seeks Variations to 1) decrease the required side yard setback from six and one half feet (6.5') to zero feet (0') for an accessory structure, 2) decrease the required rear yard setback from fifteen feet (15') to eleven feet (11') for an accessory structure, and 3) increase the lot coverage from forty-five percent (45%) to fifty-one (51 %). WHEREAS, a Public Hearing was held on the requestforVariations being the subject of PZ-02-10 before the Planning and Zoning Commission of the Village of Mount Prospect on the 22nd of April, 2010, pursuant to proper legal notice having been published in the Journal & Tooics Newsoaoer on the 10th of March, 2010; and WHEREAS, the Planning and Zoning Commission has submitted its findings and ..negative recommendation to the President and Board of Trustees in denial of the request being the subject of PZ-02-10; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the requests herein and have determined that the requests meets the standards of the Village and that the granting of the proposed Variations to allow 1) a decrease in the required side yard setback from six and one half feet (6.5') to zero feet (0') for an accessory structure, 2) a decrease in the required rear yard setback from fifteen feet (15') to eleven feet (11') for an accessory structure, and 3) an increase in the lot coverage from forty-five percent (45%) to fifty-one (51 %) would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant Variations, to allow: 1) a decrease in the required side yard setback from six and one half feet (6.5') to zero feet (0') for an accessory structure, 2) a decrease in the required rear yard setback from fifteen feet (15') to eleven feet (11') for an accessory structure, and 3) an increase in the lot coverage from forty-five percent (45%) to fifty-one (51%). B Page 2 of 2 2004 Pin Oak Drive SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\Variations2004PinOakDriveApriI2010.doc I Village of Mount Prospect Community Development Department MEMORANDUM Mount Prospect ~ SUBJECT: IHDA HOME GRANT ACCEPTANCE TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: JANET SAEWERT, NEIGHBORHOOD PLANNER DATE: APRIL 23, 2010 The Village's 2010-2014 Consolidated Plan determined that homeownership within the Village is difficu for low- and moderate-income households. The biggest constraints for a prospective buyer are the initial down payments and fInancing of the purchase. The First Time Buyer Program is a tool to encourage low- and moderatp.- income residents to purchase a home and build equity. To fund this program, the Village of Mount Prospect has been awarded $31,500.00 in HOME funds from the Illinois Housing Development Authority (IHDA). The terms of assistance are similar to those adopted by the Village under Resolution 16-09, which accepted the 2009 grant in May of 2009. We are currently in the process of assisting two low- to moderate-income households in purchasing a home within the Village of Mount Prospect. With this renewed 2010 funding, three additional low- to moderate- income households will be assisted over the next 12 months, with up to $10,000 in down payment and closing cost assistance for each applicant. Guidelines for the First Time Buyer Program will remain the same. QualifIed applicants must not have owned a home in the past three years (with exceptions made for displaced homemakers), must qualify for fIrst-mortgage fInancing from a local lending institution, and must be within the income limits established by the U.S. Department of Housing and Urban Development (RUD). Eligible Properties must be within the Village's corporate limits and can be single-family detached residences, condominiums or townhomes with a maximum appraised value of $275,200. The property to be purchased must pass a home inspection and if built prior to 1978, must also undergo a lead-based paint inspection. Each applicant must provide a minimum amount of $1,000 for down payment costs and up to a maximum of 20% of the purchase price for the down payment, including the Village's assistance. Participants are required to complete pre-purchase counseling to help them understand the fInancial implications of home ownership. The Village's down payment/closing cost assistance is in the form of a loan, forgiven at the rate of 1/60th per month, over fIve years. Staff recommends approval ofthe attached resolution to accept the $31,500 grant from IHDA for the Village's First Time Buyer Program. Please forward this memorandum and resolution to the Village Board for their review and consideration at the May 4th meeting. Staff will be present to answer any questions related to these matters. I concur: w.. i ector of Community Development H:\PLANlCDBG\HOME HB\2010 Grant Agreements\2010 Resolution Memo to Board.doc A. February 26, 2010 Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Janet Saewert Re: Conditional Commitment Letter for Village of Mount Prospect (SHB-50256) Dear Ms. Saewert: The Illinois Housing Development Authority ("Authority") is a body politic and corporate of the State of Illinois, created by and existing pursuant to the Illinois Housing Development Act, 20 ILCS 3805/1 et~. (1994) ("IIIDA Act"). The Authority has been designated the program administrator of the HOME Investment Partnerships Program ("HOME Program") for the State of Illinois, as authorized by Title II of the National Affordable Housing Act of 1990 (P.L. 101-165) ("HOME Act"), the regulations promulgated thereunder and codified at 24 CFR, Part 92 ("HOME Regulations") and the Authority's rules for the HOME Program, codified at 47 III. Adm. Code, Part 371 ("IHDA Rules"), all as may be amended and supplemented from time to time. The Authority receives funding for this program from the United States Department of Housing and Urban Development ("HUll"), CFDA number 14.239. AIl capitalized terms not defined in this Letter shall have the meanings established in the IHDA Rules and the HOME Regulations. The Authority agrees to allocate funds (for purposes hereof, a "Grant") in the maximum amount of Thirty-One Thousand Five Hundred and Noll 00 Dollars ($31,500.00) from the HOME Program to the Village of Mount Prospect, an Illinois unit of local government ("State Recipient"), for State Recipient's program ("Homebuyer Program") to identify qualified homebuyers (each, a "Homebuyer") that may receive loans from the Authority to help finance the acquisition and rehabilitation of approximately three (3) single-family residences (each a "Residence" and collectively, the "Residences") located in the Village of Mount Prospect, Illinois, and to be identified at a later date. The Grant shall be subject to the contingencies, terms and conditions set forth below. A. CONTINGENCIES: The Authority's performance of its obligations under this Conditional Commitment Letter (this "Letter") is contingent upon: 1. the Illinois General Assembly, HUD, or other federal funding source making a sufficient appropriation of funds for the HOME Program; 401 N. Michigan Ave.. Suite 700' Chicago. IL 60611 . 312.836.5200 MAIN' 312.836.5222 TDD . www.ihda.org 2. the Illinois General Assembly, HUD, or other federal funding source making a sufficient appropriation or grant of funds for the Homebuyer Program to permit the State Recipient to operate the Homebuyer Program as required and to fulfill its obligations under this Letter; 3. funds that have been appropriated or granted by the Illinois General Assembly, HUD, or other federal funding source for the HOME Program or the Homebuyer Prograni are not de-appropriated or allocated for another purpose; 4. evidence satisfactory to the Authority of each Homebuyer's commitment to provide not less than One Thousand and No/IOO Dollars ($1,000.00) toward the purchase of the applicable Residence; 5. evidence satisfactory to the Authority of a commitment or commitments from one or more local [mancial institutions to provide first mortgage loans to the Homebuyers in amounts satisfactory to the Authority; 6. funds necessary for the Authority, in the Authority's sole discretion, to operate the HOME Progrmn are insufficient for any reason; and 7. the State Recipient's fulfillment of each and evelY term and condition set forth in this Letter to the Authority's sole satisfaction, including, without limitation, closing of the transaction contemplated hereunder on or before the Effective Date (as hereinafter defined). Notwithstanding the foregoing, the Authority's performance shall at all times remain contingent upon its determination, in its sole discretion that on each date upon which funds from the Grant are to be disbursed to a Homebuyer in connection with the purchase of a Residence the funds received from all sources listed above, plus any additional funds committed for the Residence, will be sufficient to pay for the acquisition ofthe Residence. B. GENERAL CONDITIONS: This Letter and the Grant shall be subject to the terms and conditions of the HOME Act, the HOME Regulations, the IHDA Act and the IHDA Rules, all as they may be amended and supplemented from time to time. State Recipient shall cooperate with the Authority at all times with respect to the implementation and enforcement of the terms and conditions of the HOME Act, the HOME Regulations, the llIDA Act and the IHDA Rules. Proceeds of the Grant shall be used only for such purposes as may be specifically approved in advance by the Authority for each disbursement thereof, subject in all events to the limitations set forth in the HOME Act, the HOME Regulations, the IHDA Act and the IHDA Rules. In addition, the State Recipient shall review and become familiar with the HOME Program requirements set forth in the Authority's HOME Homebuyer Program Implementation Manual (as amended and implemented from time to time, the "Program Manual"). The Program Manual shall be incorporated into this Letter by this reference. C. TERMS AND CONDITIONS OF THE GRANT. The Grant shall be subject to the following terms and conditions: 1. Amount of Grant. The Grant shall not exceed Thirty-One Thousand Five Hundred and No/IOO Dollars ($31,500.00). 2 2. Grant Aereement. State Recipient shall enter into a Grant Agreement ("Grant Agreement") with the Authority, setting forth the tenns and conditions governing the disbursement and use of the proceeds of the Grant. The Grant Agreement shall contain provisions that may include, but are not limited to, the following: (a) Use of Crant Proceeds. The State Recipient shall identify Homebuyers participating in the Homebuyer Program eligible to receive five (5) year or ten (10) year, no interest loans (each a "Loan") to pay for costs of acquiring and rehabilitating Residences. If the HOME Program funds comprising the Loan are less than Fifteen Thousand Dollars ($15,000), then one-sixtieth (1/60tli) of the Loan shall be forgiven at the end of each month of the Loan. If the HOME Program funds comprising the Loan are Fifteen Thousand Dollars ($15,000) or more, then the Loan shall be secured by a second mortgage, and one- one hundred twentieth (l/120th) of the Loan shall be forgiven at the end of each month of the Loan. (b) Lead Based Paint. Each Residence shall comply with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4821, et seq., and its implementing regulations, 24 C.F.R Part 35, each as respectively amended from time to time, and other applicable federal, state and local laws regulating lead-based paint and lead-based paint hazards. (c) Term and Use of Grant Proceeds. The Grant proceeds shall be available for Loans to Homebuyers identified by the State Recipient for a period of one (1) year. From the Effective Date through the first anniversary of the Effective Date ("First Year"), fifty percent (50%) of the Grant shall be available for Loans to Homebuyers ("First Year Funds"). From the first anniversary of the Effective Date through the second anniversary of the Effective Date ("Second Year"), the remaining amount of the Grant, if any, shall be available for Loans to Homebuyers. Notwithstanding the foregoing, the actual amount of Grant proceeds available in the Second Year shall be determined by the Authority, in its sole discretion, based on the State Recipient's achievement of certain production goals and criteria established by the Authority. Prior to the end of the First Year, at least fifty percent (50%) of the Grant shall have been either (i) actually advanced to Homebuyers in the forms of Loans (collectively "Expenditures"), or (ii) subject to an Unconditional Commitment to Expend (as hereinafter defmed). In the event that State Recipient has made Expenditures and Unconditional Commitments to Expend for the First Year in an amount less than the First Year Funds (collectively "Allocated Expenditures") such deficiency in Allocated Expenditures compared to First Year Funds shall not be carried over and shall not be made available for use by the State Recipient during the Second Year. In addition the deficiency in Allocated Expenditures compared to First Year Funds will result in a commensurate reduction in the amount of the Grant that will be available to the State Recipient in the Second Year (e.g., if the Allocated Expenditures in the First Year are, in the aggregate, forty percent (40%) of the First Year Funds, during the Second Year the maximum amount of the Grant that the State Recipient may be entitled to receive shall be forty percent (40%) of the First Year Funds). For purposes hereof an "Unconditional Commitment to Expend" shall mean those funds not yet actually distributed by the Authority, but are specifically identified and reserved for use in State Recipient's records 3 for (i) the acquisition of a Residence and the related renovation thereof pursuant to a contract not subject to any contingencies entered into during the First Year but not scheduled to be closed until the Second Year; or (ii) renovation costs of a Residence that was acquired during the First Year but the renovation thereof will not be completed until the Second Year. 3. Homebuver Proe:ram Ae:reement. Each Loan shall be governed by the terms of an agreement (the "Homebuyer Program Agreement")" between the State Recipient and the Homebuyer that is to receive the Loan. For each Loan, the applicable Homebuyer Program Agreement shall provide that, except in the event of a Recapture Event (as hereinafter defined), the Loan shall be forgiven in its entirety at the end of its term. For purposes of this subparagraph, a "Recapture Event" shall mean the earliest to occur of the following: (i) the sale, conveyance or other transfer of ownership of the Residence for consideration, excluding for purposes hereof any sale, conveyance or transfer (A) to a spouse upon a dissolution of a marriage, (B) to the surviving spouse upon the death of a joint tenant Homebuyer, (C) by will or (D) by foreclosure or deed in lieu of foreclosure or otherwise by operation of law; (ii) the Residence is no longer the Homebuyer's ptincipal residence or the Homebuyer converts the Residence to a rental unit; (iii) the refinancing of the first mortgage, if any, encumbering the Rcsidence during the Loan term, except for a Pennitted Refinancing (as hereinafter defined); (iv) a default by the Homebuyer, beyond any applicable cure period, under the Homebuyer Program Agreement or any other docwnent evidencing the Loan. In the event of such Recapture Event, the Homebuyer shall repay to the Authority the unforgiven portion of the Loan, as set forth in subparagraph 2.(a) above, provided that, with respect to any sale, conveyance or transfer described in clause (i) above, the Loan shall be repaid only from the "net proceeds," if any, of such sale, conveyance or transfer, and any portion of the Repayment Amount (as defined in the Recapture Agreement, defmed below) in excess of such "net proceeds" shall be forgiven. For purposes of this subparagraph, "net proceeds" shall mean the proceeds of sale minus documented capital improvement costs incurred by the Homebuyer, principal payments made to the first mortgagee and the Homebuyer's initial contribution to the cost of acquiring the Residence. If none of the events described in clauses (i), (ii), (iii) or (iv) above occurs prior to the expiration of the Loan term, or if any sale, conveyance or transfer of the Residence occurs due to a foreclosure or deed in lieu of foreclosure as aforesaid, the Loan shall be forgiven in its entirety. All repayment obligations described in this subparagraph shall be set forth in a recapture agreement between the State Recipient and each Homebuyer ("Recapture Agreement"), which Recapture Agreement shall be recorded in the office of the County Recorder for the County in which the Residence is located. As used herein, the term "Permitted Refinancing" shall mean a refmancing to lower the interest rate, decrease the loan term or lower the monthly payment of such first mortgage loan; it shall not include a refinancing that increases the outstanding balance of such first mortgage loan, increases the interest rate or by any other means reduces the Homebuyer's equity in the Residence or increases the Homebuyer's obligations. Any Permitted Refmancing must be approved by the Authority, in writing, in advance. 4. Income Limitation. Homebuyers selected to participate in the Homebuyer Program shall have a gross annual income, adjusted for family size ("Income"), less than or equal to eighty percent (80%) of the median income for the metropolitan statistical area in which the Residence to be rehabilitated is located, as determined by HUD ("Median Income"). 4 5. Residence Value. The appraised value of each Residence after rehabilitation shall not exceed Two Hundred Seventy Five Thousand Two Hundred and No/IOO Dollars ($275,200.00) for Cook County, as amended from time to time by HUD, or such other amount as may be required by HOD. If at any time after the date of this Letter, HUD requires such appraised value be modified, the Authority will no~ify the State Recipient of such other amount in writing. 6. Disbursement of Grant Proceeds. The Authority shall disburse the proceeds of the Grant as provided in the Grant Agreement. The proceeds of the Grant shall be used only for: (i) down payment and closing cost assistance for each Residence up to a maximum of Ten Thousand and Noll 00 Dollars ($10,000); provided that assistance for closing costs in connection with the acquisition of each Residence, shall in no event exceed Two Thousand and No/I 00 Dollars ($2,000); (ii) costs of rehabilitating the property, in the approximate amount of Twenty- Eight Thousand and No/IOO Dollars ($28,000) if applicable; and (iii) project delivery costs (as described in the Program Manual) payable to the State Recipient with respect to each Loan, not to exceed fifteen percent (15%) of the applicable Loan amount; provided that the total amount of Grant proceeds disbursed ill connection with a Residence shaH not e~ceed Forty Thousand and No/IOO Dollars ($40,000); provided further, that all costs described in clauses (i) through (iil) :'iboYe must be Eligibk Project Costs and must be approved in advance by the Authority 7. Limitation on HOME Pro2ram Downpayment Subsidy:' The HOME Program downpayment subsidy combined with the homebuyer's contribution (including cash, grants from other sources, and gifts) shall not exceed the lesser of $10,000 or 20% of the purchase price. If the analysis of sources of downpayment reflects no need for HOME down payment assistance, the home buyer is ineligible to participate in a Homebuyer Program receiving funds from the HOME Program. 8. Effective Date. The Effective Date shall be no later than June 15, 2010 (the "Effective Date"), unless otherwise agreed in writing by the parties. State Recipient ACKNOWLEDGES THAT TIME IS OF THE ESSENCE WITH RESPECT TO THE EFFECTIVE DATE AND THAT IN NO EVENT SHALL THE AUTHORITY BE UNDER ANY OBLIGATION TO EXTEND THE EFFECTIVE DATE. 9. Grant Documents. Prior to the Effective Date, the State Recipient shall deliver to the Authority three (3) original copies of the Grant Agreement, executed by the State Recipient where indicated, in form and substance satisfactory to the Authority, and such other documents as the Authority or its counsel may require pursuant to the Grant Agreement, or otherwise, in its sole discretion. This Letter, the Grant Agreement and such other documents are hereinafter collectively referred to as the "Grant Documents". 10. Other Showines. Not less than ten (10) business days prior to the Effective Date, the State Recipient shall, at its sole cost and expense, deliver to the Authority the following documents, in form and substance satisfactory to the Authority: Copies ofthe following documentation: 1. Resolution or ordinance of the State Recipient, certified by the clerk or other authorized municipal official acceptable to the 5 Authority, dated not more than ninety (90) days prior to the Effective Date, authorizing the transactions contemplated by this Letter; 2. Certificate of Incumbency of the State Recipient indicating those officers and/or officials who are authorized to execute and deliver the applicable documents required by Paragraph C.9 hereof, with specimen signatures of those officers and/or officials, certified by an authorized officer or official of the State Recipient, as of a date within ninety (90) days prior to the Effective Date; (b) Participant Selection Plan; and (c) Any and all other documents and showings requested by the Authority or its counsd, in their sole discretion. 11. Progr~Vl S~~dul~. The State Recipient has agreed to the Program Schedule attached hereto as Exhibit A and acknowledges that (i) time is of the essence with respect to the deadlines set forth therein and (ii) failure by the State Recipient to achieve such deadlines may result in the loss of or reduction in Grant proceeds. Notwithstanding the foregoing, the Authority, in its sole and absolute discretion, may at any time, and from time to time, extend the deadlines set forth in the Program Schedule. 12. State Recipient's Elh!:ible Fees. The State Recipient may retain, as project delivery costs (as described in the Program Manual), up to fifteen percent (15%) of the HOME Program. funds expended for hard costs and soft costs (both, as described in the HOME Regulations) expended for each Residence, provided that such project delivery costs are documented Eligible Project Costs specific to such Residence. 13. Homebuver Counseline. Counseling shall be provided as part of this program. All applicants receiving pre-approval letters must participate in an educational course on homeownership prior to making an offer to purchase a Residence and must obtain a certificate of completion. In addition, post-occupancy counseling from the State Recipient or an acceptable third-party provider to the Homebuyer is highly recommended. D. GENERAL PROVISIONS. 1. Assienment. This Letter is not assignable by the State Recipient, in whole or in part. 2. Termination. If the conditions of the making of the Grant set forth in the Grant Documents are not met on or before the Effective Date, except by reason of the Authority's default under this Letter or the Grant Agreement, this Letter shall, at the Authority's election, immediately terminate and be of no further force and effect. 6 3. No Personal Liabilitv. No member, officer, agent or employee of the Authority, its successors and assigns shall be liable personally concerning any matters arising out of or in connection with the undertakings or obligations set forth in this Letter. 4. Time for Acceotance. The tenns and conditions of this Letter shall not become effective unless the State Recipient accepts it by executing three (3) copies of this Letter where indicated, and three (3) copies of the Contract Certifications, Debannent Certification, the TIN Disclosure, the Books and Records Certification and the Drug-Free Workplace Certification attached to this Letter as Exhibits B, C, D, E and F, respectively, in the space provided for signature thereon, and returning two (2) original copies to Tracy Shine, Esq., c/o the Illinois Housing Development Authority, 401 North Michigan Ave., Suite 700, Chicago, Illinois 60611, within sufficient time so that such orie:inals are received on or before March 10.2010. 5. Publicity. The Authority reserves the right to publicize the issuance of this Letter and the making of the Grant. The State Recipient shall notify the Authority immediately of any fonnal publicity in connection with the Homebuyer Program that is arranged or promoted by the State Recipient or any other party participating in the Homebuyer Program. Formal publicity includes, but is not limited to, palticipation in ne'lvS conferences and media events such as ground breaking and dedication ceremonies. The use of the Authority's name in any signage is subject to the Authority's prior written consent. 6. Survival of Oblie:ations. The State Recipient's obligations as set forth in this Letter shall survive the Effective Date and the making of the Grant, and the State Recipient shall continue to cooperate with the Authority and furnish any documents, exhibits or showings required hereunder. In the event of a conflict between the terms and conditions of this Letter and those of the Grant Agreement, those of the Grant Agreement shall control. 7. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing, at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. If to the State Recipient: Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Janet Saewert If to the Authority: Illinois Housing Development Authority 401 N. Michigan, Suite 700 Chicago, Illinois 60611 Attn: Legal Department Such addresses may be changed by notice to the other party given in the same manner as herein provided. Any notice, demand, request or other communication sent pursuant to either 7 subsection (a) or (b) hereof shall be served and effective upon such personal service or upon dispatch by such electronic means. Any notice, demand, request or other communication sent pursuant to subsection (c) shall be served and effective one (1) business day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to subsection (d) shall be served and effective three (3) business days after proper deposit with the United States Postal Service. . . 8. Waiver of JUry Trial. State Recipient AND THE AUTHORITY EACH HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER TIDS LETTER OR OTHERWISE RELATED TO THE TRANSACTION CONTEMPLATED HEREBY OR ARISING FROM THE RELATIONSHIP WHICH IS THE SUBJECT OF THIS LETTER AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. 9. Liabilitv of the Authoritv. In no event shall the Authority be liable to State Recipient for consequential or incidental damages, including, without limitation, lost profits, whatever the nature of the breach by the Authority of its obligations under this Letter or in connection herewith. 10. Fundine. The parties acknowledge that this Grant is to be funded with monies provided by HUn, and that the Authority is under no obligation to authorize such funds for any disbursement of Grant proceeds unless and until all necessary preconditions to disbursement set forth in the Grant Documents shall have been satisfied to the Authority's satisfaction, and that significant time delays might result from the funding of such monies by HUD. Without limiting the generality of Paragraph 9 above, in no event shall the Authority be liable to State Recipient for any damages whatsoever which might result in whole or in part from any delays in funding any proceeds of the Grant. 11. Indemnification of the Authoritv. The State Recipient hereby agrees to indemnify the Authority and hold it harmless from and against any and all claims, actions, damages, costs, liabilities and expenses, including without limitation attorneys' fees, incurred by the Authority in connection with any Residence or occasioned wholly or in part by any act or omission of State Recipient, its officers, directors, partners, agents, contractors, employees or tenants. In case the Authority shall, without fault on its part, be made a party to any litigation commenced by or against the State Recipient, then the State Recipient shall protect and hold the Authority harmless and shall pay all costs, expenses and attorneys' fees incurred or paid by the Authority in connection with such litigation. The obligations of State Recipient under this Paragraph 11 shall survive the making of the Grant. 12. Additional Requirements. a. The State Recipient agrees not to commit unlawful discrimination in employment in the state as that tenn is used in the Illinois Human Rights Act (775 ILCS 5/1-101 et ~.). The State Recipient further agrees to take affirmative action to ensure that no unlawful discrimination is committed. 8 b. The State Recipient certifies that it has a written sexual harassment policy which includes, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the defmition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the State Recipient's internal complaint process, including penalties; (v) the legal recourse, investigative and comph~int process available through the Human Rights Department and . the Human Rights Commission (the "Commission"); (vi) directions on how to contact the Human Rights Department and the Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Human Rights Act. A written copy ofthe policy shall be provided to the Authority upon request. . c. The State Recipient certifies that it will at all times, in the performance of this Letter, comply with all federal, state and local laws and regulations. d. The State Recipient agrees to notify the Authority's Ethics Officer (as identified by the Authority) if the State Recipient solicits or intends to solicit for employment any of the Authority's employees during the tel111 of this Letter. e. The State Recipient agrees to comply with the provisions of the Illinois Purchasing Act prohibiting conflict of interest (30 ILCS 505/11.1-] 1.5) and all the terms, conditions and provisions of those sections apply to this Letter the same as though they were incorporated and included herein. f. The State Recipient certifies that as of the date hereof, and at all times hereafter, State Recipient has satisfied and shall continue to satisfy all terms, conditions, and covenants, and has not suffered or will suffer any event of default of any agreement, contract or requirement of the Authority, HUD, the State of Illinois, or any political subdivision thereof. 13. Counterparts. This Letter may be executed in any number of counterparts, all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] 9 This Letter is delivered to the State Recipient as of the date first set forth above, VelY truly yours, ILLINOIS HOUSING DEVELOPMENT AUTHORIt~-...\." ", f '. :'~,,".._\,...,-.-.. ,---'- \ ",- ,.i \ By: /", \ "):,~ Gloria L. Materre)Executive Director Dated: '6~ 'aay of tV ILt ,,\. ,f'. Ct.... , 2010 J;cted by ~;;;e, te Rec' 'ent this day of ,2010 VILLAGE OF MOUNT PROSPECT, an Illinois unit of local govel11ment -k: Exhibits A - Program Schedule B - Contractor Certifications C - Debarment Certification D - Federal Taxpayer Identification Number and Legal Status Disclosure E - Books and Records Certification F - Drug-Free Workplace Certification 10 EXIDBIT A PROGRAM SCHEDULE Projected Program Schedule % of Funds " Expenditure of Funds by 6/30/10 50% Expenditure of Funds by 6/15111 100% A-I EXIllBIT B CONTRACTOR CERTIFICATIONS EDUCA TIONAL LOANS Two-party shwed al!reements: The contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827. Purchase orders: By acceptance of this order, the contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827. BRIBERY CLAUSE Two-partv shwed al!reements: The contractor certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 of the Illinois Purchasing Act. Purchase orders: By acceptance of this order, the contractor certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 of the Illinois Purchasing Act. BID-RIGGING/BID-ROTATING LAW Two-party sil!ned al!reements: The contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of1961. Purchase orders: By acceptance of this order, the contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961. B-1 INTERNATIONAL ANTI-BOYCOTT CERTIFICATION ACT Section 5 of the International Anti-Boycott Certification Act (30 ILCS 582/1) provides as follows: 5. State contracts. Every contract entered into by the State of Illinois for the manufacture, furnishing, or purchasing of supplies, material, or equipment or for the furnishing of work, labor, Or services, in an amount exceeding the threshold for small purchases according to the purchasing laws of this State or $10,000, whichever is less, shall contain certification, as a material condition of the contract, by which the contractor agrees that neither the contractor nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. Its: B-2 EXffiBIT C DEBARMENT CERTIFICATION 1. By signing and submitting this proposal, the undersigned is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the undersigned knowingly rendered an erroneous certification, in addition to other remedies available to the Authority, HUD, or the department or agency with which this transaction originated may pursue all available remedies, including suspension and/or debarment. 3. The undersigned shall provide immediate written notice to the entity to which this prop~sal is submitted if at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set forth in the Definitions and Coverage sections of the rules implementing Executive Order 12549, 51 F.R. 6370, Februmy 18, 1986. 5. The undersigned certifies that it has not been debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 6. The undersigned agrees that, by submitting this proposal, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 7. The undersigned further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debannent, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The undersigned must establish a "system of records," including but not limited to the information contained at http://epls.arnet.gov/ in order to determine whether any prospective participant in a lower tier covered transaction is debarred, suspended, ineligible, or voluntarily excluded from the covered transaction. 9. Except for transactions authorized under paragraph 5 of these instructions, if a contractor in a covered tra.'lsaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, HUD, the Authority, or the department or agency with which this transaction originated may pursue all available remedies, including suspension and/or debarment. C-I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (1) The undersigned certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the undersigned is unable to cettify to any of the statements in this certifi~ation, the undersigned shall attach an explanation to this proposal. Executed this ~ day Of~ ' 2010 VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation B~~~ _ l'r~ Name: fA .~ Its: f.I/)u;~---- C-2 EXHIBIT D FEDERAL T AXP A YER IDENTIFICA nON NUMBER AND LEGAL STATUS DISCLOSURE Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Name: Villa,):; 0 f /1r\{lU/l'~ .Pro.!JJ211'{-- Taxpayer Identification Number: Employer Identification Number ?~1 - &O() {,o II (If you are an individual, enter your name and :::''''SN as it appears on your Social Security Card If completing this certification for a sole proprietorship, enter the owner's name followed by the 'lame of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN) Legal Status (check one) Individual 'X Governmental entity Owner of sole proprietorship Nonresident alien individual Partnership Estate or legal trust Tax-exempt hospital or extended care facility Foreign corporation, partnership, estate or trust Corporation providing or billing medical and/or health care services Other:__ Corporation NOT providing or billing medical and/or health care services VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation By: ~y. . · Date: -3 2010 D-l EXHIBIT E BOOKS AND RECORDS CERTIFICATION ADDENDUM Adden"dum to the contract between the Village of Mount Prospect and the Illinois Housing Development Authority. RETENTION OF RECORDS: Public Act 87-991 required that every contract for the provision of goods or services shall provide that the vendor or contractor shall maintain records and documentation for a minimum of five (5) years after contract completion. VENDOR SHALL MAINTAIN, FOR A MINIMUM OF FIVE YEARS AFTER COMPLETION OF lHE CONTRACT, ADEQUATE BOOKS, ReCORDS AND SUPPORTING DOCUMENTS TO VERIFY THE AMOUNTS, RECIPIENTS AND USES OF ALL CONTRACTS; THAT urn CONTRACT ANJJ ALL BOOKS, RECORDS, AND SUPPORTING DOCUMENTS RELATED TO THE CONTRACT SHALL BE AVAILABLE FOR REVIEW AND AUDIT BY THE AUDITOR GENERAL; AND THAT THE CONTRACTOR AGREES TO COOPERATE FULL Y WITH ANY AUDIT CONDUCTED BY THE AUDITOR GENERAL AND TO PROVIDE FULL ACCESS TO ALL RELEVANT MATERIALS. FAILURE TO MAINTAIN THE BOOKS, RECORDS, AND SUPPORTING DOCUMENTS REQUIRED BY THIS SECTION SHALL ESTABLISH A PRESUMPTION IN FAVOR OF THE STATE FOR THE RECOVERY OF ANY FUNDS PAID BY THE STATE UNDER THE CONTRACT FOR WHICH ADEQUATE BOOKS, RECORDS AND SUPPORTING DOCUMENTATION ARE NOT AVAILABLE TO SUPPORT THEIR PURPORTED DISBURSEMENT. VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation BYZ4:~ ~~ ~ ~.: ~e::~7? ~. J:Lc. Date: ~ ,2010 E-l EXIDBIT F DRUG-FREE WORKPLACE CERTIFICATE STATE OF ILLINOIS DRUG-FREE WORKPLACE CERTIFICATION This certification is required by the Drug-Free Workplace Act (30 ILCS 580). The Drug- Free Workplace Act, effective January 1, 1992, requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor will provide a drug-free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment from contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of the issuing of the grant, or a depaltment, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. The contractor/grantee certifies and agrees that it will provide a drug-free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace; (2) Specifying the actions that will be taken against employees for violations of such prohibition; and (3) Notifying the employees that, as a condition of employment on such contract or grant, the employee will: A. abide by the terms of the statement; and B. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug-free awareness program to infonn employees about: (I) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug-free workplace; F-I (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations. . (c) Providing a copy of the statement required by paragraph (a) hereof to each employee engaged in the performance of the contract or grant and posting the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days' after receiving nolice from subparagraph (3) of paragraph (a) hereof from an employee, or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5 ofthe Drug-Free Workplace Act. (f) Assisting employees in selecting a course of action in the event dmg counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of the Drug-Free Workplace Act. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. VILLAGE OF MOUNT PROSPECT, :yn~;:2~ Printed Name: .. _ ":#.~ :~: ;;;}:;t~.~ ,2010 F-2 Resolution No. A RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY FOR HOME BUYER ASSISTANCE PROGRAM WHEREAS, with the passage of Resolution No. 30-00, a First Time Homebuyer's Assistance Program was established in the Village of Mount Prospect; and WHEREAS, the Village's 2010 - 2014 Consolidated Plan determined that homeownership within the Village was difficult for low and moderate-income households; and WHEREAS, in April 2007 the Corporate Authorities of the Village of Mount Prospect determined that it was in the best interests of the Village and first time homebuyers to amend the program with the passage of Resolution No. 08-07; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect ("Village") have determined that it is in the best interests of the Village to enter into a Grant Agreement ("Grant Agreement") with the Illinois Housing Authority ("Authority"), as program administrator of the HOME Investment Partnerships Program for the State of Illinois (Grant Agreement attached as Exhibit "A"); and WHEREAS, the Authority agrees to make a grant ("Grant") to the Village of Mount Prospect, which shall be used by the Village to identify homebuyers who will be eligible to receive from the Authority, forgivable loans to help finance the acquisition, all in accordance with the terms and conditions set forth in the Grant Agreement; and WHEREAS, the Village President or her designee is hereby authorized and empowered to execute and deliver in the name of or on behalf of the Village the Grant Agreement and any and all amendments, modifications and supplements thereto, and to execute and deliver such additional documents, instruments and certificates as may be necessary or desirable for the Village to perform its obligations under the Grant Agreement; and WHEREAS, the Village President or her designee is hereby authorized and directed to take such additional actions to make further determinations, to pay such costs to execute and deliver such additional instruments (including any amendments, agreements or supplements) as she deems necessary or appropriate to carry into effect the foregoing resolution. \ NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF ITS HOME RULE POWERS: c Section One: That the Board of Trustees authorizes the President of the Village of Mount Prospect to execute a Grant Agreement with the Illinois Housing Development Authority for the Home Buyer Assistance Program, and the Village Manager to execute such other documents as maybe necessary to comply with the terms of that Agreement, to administer grants under that Agreement, or as may be requested by the Authority in relation to that Agreement. Section Two: The Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this th day of May, 2010. Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H :\CLKO\WIN\RESOLUTION\IHDAfirsttimehomebuyersprogrammaI2010. doc EXHIBIT "A" GRANT AGREEMENT Notice of grant approval letter included with memo; Grant Agreement with Illinois Housing Authority to follow. MAYOR Irvana K. Wilks Mount Ptospect VILLAGE MANAGER Michael E. Janonis TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Kom John J. Matuszak Steven S. Polit Michael A. Zadel ~ VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 roD: 847/392-6064 www.mountproliPect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 INCUMBENCY CERTIFICATE The Undersigned, on behalf of Village of Mount Prospect (the "Village"), does hereby certify as follows: a) The following listed persons are duly acting officers of the Village, in the capacity set forth opposite their respective names below, and the facsimile signatures are true and correct as of the date hereof; b) On behalf of the Village, the Mayor is authorized to execute the Grant Agreement for the Village's Home Buyer Assistance Program with the Illinois Housing Development Authority and the Village Manager is authorized to execute any other documents that may be necessary to comply with the terms of that Agreement, to administer grants under that Agreement, or that may be requested by the Authority in relation to that Agreement. NAME OF OFFICER TITLE SIGNA TURE Irvana K. Wilks Mayor Michael E. Janonis Village Manager I hereby verify that I am familiar with the signature(s) of the Mayor and Village Manager of the Village of Mount Prospect, that the above officials have been authorized to execute the Grant Agreement and other documents in this matter, as provided above, and that the above signatures are the genuine signatures of Mayor Irvana K. Wilks and Village Manager Michael E. Janonis. Witness my hand this _ day of ,2010. M. Lisa Angell Village Clerk 250443_1 . Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: JANET SAEWERT, NEIGHBORHOOD PLANNER DATE: APRIL 23, 2010 SUBJECT: RESOLUTIONS AUTHORIZING EXECUTION OF AGREE THE VILLAGE AND CDBG SUB-RECIPIENTS Mount Prospect ~ On October 20,2009, the Village Board approved the 2010-2014 Consolidated Plan which included the 10 Action Plan and identified specific activities to be funded through our Community Development Block Grant (CDBG). The 2010 Action Plan includes funding for several public service agencies that provide a variety of services and programs for the Village's low- and moderate-income residents. Attached, please find contracts for the agencies listed below and resolutions authorizing the execution of agreements between the Village of Mount Prospect and these individual agencies: . CEDA Northwest Self-Help Center, Inc. - Child Care Program CEDA Northwest Self-Help Center, Inc. - Emergency Housing Program Children's Advocacy Center Greater Wheeling Area Youth Organization - Summer Adventure North Greater Wheeling Area Youth Organization - Summer Adventure South Greater Wheeling Area Youth Organization - Dream Makers Journeys From PADS To HOPE Mount Prospect Mentor Program Northwest Center Against Sexual Assault (NW CASA) Resources For Community Living Search Development Center - Rehab Suburban Primary Health Care Council- Access To Care WINGS . . . . . . . . . . . . Please forward this memorandum and attached resolutions to the Village Board for their review and consideration at their May 4, 2010 meeting. Staff will be present at the meeting to answer any questions related to this matter. ector of Community Development b-L 1l:\PLA.,'1\CDBG\Melllos\20 10\2010 Resolutioo Memo to Board.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST CENTER AGAINST SEXUAL ASSAULT (NW CASA) WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Northwest Center Against Sexual Assault (NW CASA) shall provide sexual assault counseling and advocacy to child, adolescent and adult victims of rape/sexual abuse to Mount Prospect residents located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the NW CASA and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the NW CASA, a copy of which Agreement is attached and made a part this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG201 O\CDBresolutionGCASA 201 O.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CEDA NORTHWEST SELF-HELP CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the CEDA Northwest Self-Help Center shall provide an emergency housing and housing counseling program, and a child care subsidy program to assist near homeless and homeless low and moderate income residents of the Village of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the programs proposed by the CEDA Northwest Self-Help Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the CEDA Northwest Self-Help Center, for the provision of a Child Care Subsidy Program, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the CEDA Northwest Self-Help Center, for provision of an Emergency Housing Program, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "B." SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG resolutionCEDA self help 2010.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVOCACY CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Children's Advocacy Center, shall provide immediate support and crisis intervention to child victims of sexual assault and their families, who are residents of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Children's Advocacy Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low and moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Children's Advocacy Center, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law, AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M, Lisa Angell Village Clerk H:\CLKO\WIN\CDBG201 O\CDBGresolution Children's Advocacy 201 O,doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Greater Wheeling Area Youth Outreach, Inc. shall provide summer programs and after school tutoring activities that include educational and recreational activities for youth located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., for the provision of an after school tutoring and mentoring program, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A." SECTION TWO: That the President is hereby authorized to sign and the Clerk directed to attest his signature on agreements for Community Development Block Grant implementation, which Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., for the provisions of summer camp School District 26, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "B". SECTION THREE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on agreements for Community Development Block Grant implementation, which Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., for the provisions of summer camp School District 59, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "C". SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG2010\CDBG RESOLUTIONWheeling Area Youth 2010.doc H:\CLKO\WIN\CDBG2011l\CDBG RESOLUTION WHEELING AREA YOUTH 20JODOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND WINGS PROGRAM, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that WINGS Program, Inc. shall provide a transitional living program for women and their children who are homeless or near homeless residents of the of the Village of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the WINGS Program, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the WINGS Program, Inc., for the provision of a transitional housing program, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\CDBG\CDBG resolulionwings 2010.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND JOURNEYS FROM PADS TO HOPE, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Journeys from PADS to HOPE shall provide case management services, preventative services, follow-up, advocacy, transportation, housing and food vouchers, emergency medical referral and vouchers, housing location inspection, job preparation, employment services, and clothing and food pantry resources for the homeless and near homeless population of the Village of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the project proposed by Journeys from PADS to HOPE, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Journeys from PADS to HOPE, Inc., a copy of which Agreement is attached hereto and hereby made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG2010\CDBG resolutionJourneys from Pads to Hope 2010.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Resource Center for Community Living shall provide a program that includes housing options and support services to individuals with developmental and/or physical disabilities located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Resource Center for Community Living and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Resource Center for Community Living, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG2010\CDBGresolution resourse for community living 2010.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SEARCH, INC. (SEARCH DEVELOPMENTAL CENTER) WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Search Developmental Center provides group homes for adults with disabilities to Mount Prospect residents located within the corporate limits of Mount Prospect; and WHEREAS, the project proposed by the Search Developmental Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Search Developmental Center, to rehabilitate a group home located in Mount Prospect. A copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of May 2010. ATTEST: Irvana K. Wilks Mayor M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG2010\CDBG resolutionsearch developmental center 201 O.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL, INC., FOR THE ACCESS TO CARE PROGRAM WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Suburban Primary Health Care Council, Inc. shall provide a program to facilitate access to primary health care in the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Suburban Primary Health Care Council, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Suburban Primary Health Care Council, Inc, a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this lh day of May 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\CDBG2010\CDBGresolution access to care 201 O.doc AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND GREATER WHEELING AREA YOUTH OUTREACH, INC. FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, entered this day of , 2010, by and between the Village of Mount Prospect (herein referred to as the "Grantee") and Greater Wheeling Area Youth Outreach, Inc. (herein referred to as the "Sub-Recipient"). WHEREAS, the Grantee has applied for and received Community Development Block Grant (herein referred to as "CDBG") funds from the United States Department of Housing and Urban Development (herein referred to HUD) under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE A. Activities The Sub-Recipient will be responsible for administering a CDBG Year (2010) program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. This program will include the following activities eligible under the CDBG program. The Grantee elects to contract for services with the Sub-Recipient for operation of a program to provide an after school tutoring and mentoring program for Mount Prospect youth as outlined in the Scope of Services attached herewith as Exhibit A. B. National Obiectives The Sub-Recipient certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CRF Part 570.208: 1. Benefit Low/Moderate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency/emergency. ~*(A.\i\O\cH~CQ C\.C~QQ('~N\.\ S('\.\'\'l~1e. C. Levels of Accomplishment In addition to the normal administrative services required as part of this Agreement, the Sub-Recipient agrees to provide the following levels of program services: Average Clients/Month .83/MONTH Total Clients/Year 10IYEAR The sub-recipient will also report information as it relates to the Outcome Measurement System as described in Federal Register Notice on June 10,2005. Such information includes, but is not limited to: funds leveraged, number of persons with access to new/improved access to a service, and number of beds created in an overnight/emergency shelter. D. Performance Monitoring The Grantee will monitor the performance of the Sub-Recipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub-Recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME PERFORMANCE Services of the Sub-Recipient shall start on January 1, 2010 and end on December 31,2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-Recipient remains in control of CDBG funds or other assets, including program income. III. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this contract shall not exceed $4,500. Payments may be contingent upon certification of the Sub-Recipient's financial management system in accordance with the standards specified in OMB Circular A-II O. A. Payment Procedures 2 The Grantee will pay to the Sub-Recipient funds available under this contract based upon information submitted by the Sub-Recipient and consistent with any approved budget and Grantee policy concerning payments. The Grantee will not process any invoices received until the Sub-Recipient submits a monthly, quarterly or seasonal report (depending on the reporting system the Sub-Recipient has decided to use) for the requested pay period. The Grantee will determine the appropriate amount to allocate per reporting period depending on the Levels of Accomplishment achieved by the Sub-Recipient. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub-Recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub-Recipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Sub-Recipient. B. Indirect Costs If indirect costs are charged, the Sub-Recipient will develop an indirect cost allocation plan for determining the appropriate Sub-Recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. C. Program Income The Sub-Recipient shall report all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under the contract. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub- Recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Guarantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income but needs to be remitted promptly to the Grantee. IV. REPORTING A. Progress Reports The Sub-Recipient shall submit a Quarterly Report to the Grantee in the form, content, and frequency as required by the Grantee. All reports will be due 15 days after the close of the reporting period. This report should include the following: 3 1. Each client served during the month using CDBG funds; 2. Client's address; and 3. Type of service used by that client. B. Final Report A final report shall accompany the Sub-Recipient's final billing. This report will highlight the accomplishments of the program for the fiscal year, from January 1,2010 to December 31, 2010, summarize the number of Mount Prospect residents served and include the completion of Exhibit B, herein attached. This report shall be due no later than January 15,2011. C. Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of funds approved for this program by HUD. The Sub-Recipient shall not file any lawsuit against the Grantee or any of its officers or employees as a result of this contract, except that this Section shall not act as a bar to any lawsuits arising from the negligent acts of the Grantee or any of its officers and employees. V. NOTICES & COMMUNICA nONS Notices and communications under this Agreement shall be sent registered or certified mail postage prepaid to the respective parties as follows: Grantee Sub-Recipient Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818-5328 Fax: (847) 818-5329 Mr. Philip Herman Executive Director GWAYO 1776 W. Algonquin Road Mount Prospect, IL 60056 (847) 759-0679 Fax: (847) 759-0687 VI. GENERAL CONDITIONS 4 A. General Compliance The Sub-Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUn regulations concerning CDBG). The Sub- Recipient further agrees to utilize funds available under this Agreement to supplement rater than supplant funds otherwise available. The Sub-Recipient shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and the Sub-Recipient shall be required to perform all acts under this agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. Suspension or termination shall occur if the Sub-Recipient materially fails to comply with any term of the award in accordance with 24 CFR 85.44. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parities. The Sub-Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Sub-Recipient is an independent Sub-Recipient. C. Hold Harmless The Sub-Recipient shall hold harmless, save and indemnify the Grantee and each and everyone of its officers, agents, employees, servants, attorneys, insurers and successors from any and all claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind, character of description the Grantee may suffer as a result of any cause, matter, act, or omission arising out of the Sub-Recipient's performance or non-performance, or those acting under it to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with e the Sub-Recipient's performance under this Agreement. The Sub- Recipient agrees to defend any claims brought or actions filed against the Grantee with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or files. In case of such a claim brought or such an action files, the Grantee agrees that the Sub-Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub- Recipient. The Sub-Recipient, at its option, shall have the sole authority for the direction of the defense. 5 D. Amendments The Grantee or Sub-Recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub-Recipient from its obligations under this Agreement The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub-Recipient. E. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service in Section I, A above may only be undertaken with the prior approval of the Grantee. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub-Recipient under this Agreement shall, at the option of the Grantee, become the property of the Grantee, and the Sub-Recipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. The Grantee may also suspend or terminate this Agreement, in whole or in part, if the Sub-Recipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the Grantee may declare the Sub-Recipient ineligible for any further participation in the Grantee's contracts, in addition to other remedies as provided by the law. In the event there is probable cause to believe the Sub-Recipient is in non-compliance with any applicable rules or regulations, the Grantee may withhold up to fifteen (15) percent of said contract funds until such time as the Sub-Recipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. 6 VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Sub-Recipient agrees to comply with Attachment F of OMB Circular A- 110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub-Recipient shall administer its program in conformance with OMB Circulars A-I22, "Cost Principles for Non-Profit Organizations or A-21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. OMB Circular A-122 is included as Exhibit D. B. Documentation and Record-Keeping 1. Records to be Maintained The Sub-Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall not include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-II 0; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. Said records shall include verification of household income and information on race/national origin and ethnicity. Eligible households for this program must 7 have income below those noted in Exhibit C. The Sub-Recipient may establish program income criteria below that noted in Exhibit C. 2. Income Eligibility The Sub-Recipient shall utilize annual income in determining and documenting income for participating clients. Annual income is the gross amount of income anticipated by all adults in a family during the 12 months following the effective date of determination. To calculate annual income, the Sub-Recipient may choose one (1) of three (3) definitions of income listed below: 1. Annual income as defined under the Section 8 Housing Assistance Payments Program; 2. Adjusted gross income as defined for purposes of reporting under IRS Form 1040 (long form) for Federal individual income tax purposes; or 3. Annual income as defined for reporting under the Census long form for the most rent available decennial Census. Any use of another income format is considered ineligible for HUD and CDBG funding. Please note that grantees must ensure that applicants to their programs and activities are treated equitably. For this reason, the same income definition must be used throughout the activity for each applicant. Additionally, the Sub-Recipient shall maintain copies of any documents used to determine client's income. 3. Retention The Sub-Recipient shall retain all records pertinent to expenditures incurred under this contract for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if there are claims, litigation, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. 4. Client Data The Sub-Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description 8 of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 5. Disclosure The Sub-Recipient understands that client information collected under this contract is private. The use or disclosure of such information, when not directly connected with the administration of the Grantee's or Sub-Recipient's responsibilities with respect to services provided under this contract, is prohibited, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 6. Property Records The Sub-Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b )(8), as applicable. 7. Close-Outs The Sub-Recipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. 8. Audits & Inspections All Sub-Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the Grantee or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub-Recipient with 30 days after receipt by the Sub-Recipient. Failure of the Sub-Recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub- Recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Sub-Recipient audits and, as applicable OMB Circular A-133. 9. Availability of Law, Regulations and Orders 9 The Grantee shall, upon the request of the Sub-Recipient, provide copies of all laws, regulations and orders, including those cited in this contract which regulate operation of the CDBG-funded programs, or which might otherwise affect the performance of this Agreement. This Agreement include program income requirements (See Section V, C, 1: Program Income.) set forth in section 24 CFR 570.504 (c) but is not applicable to the Sub-Recipient and uniform administrative requirements described in section 24 CFR 570.502. C. Procurement 1. Compliance The Sub-Recipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this contract. 2. OMB Standards The Sub-Recipient shall procure all materials, property, or services in accordance with the requirements of Attachment 0 of OMB Circular A-II 0, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 3. Travel The Sub-Recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this contract. VIII. PERSONNEL & P ARTICIP ANT CONDITIONS A. Civil Rights 1. Compliance The Sub-Recipient agrees to comply with the Illinois Human Rights Act (Act 7751LCS 5-1-101 et seq.) and with Title VIII of the Civil Rights Act of 1968 as amended, Section 1 04(b) and Section 109 of Title I of the Housing and 10 Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The Sub-Recipient shall not discriminate against any worker, employee, applicant for employment or any member of the public because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. Such affirmative action shall include, but not be limited to the following: employment, upgrading demotion or transfer, termination, compensation, and selection for training including apprenticeship. The Sub-Recipient agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discriminatory clause. This policy of non-discrimination and affirmative action shall be applicable with regard to both the Sub-Recipient's internal personnel practices and its actions in the performance of this Agreement. The Sub-Recipient hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The Sub-Recipient agrees and authorizes the Grantee and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions, subject to applicable laws and regulations concerning privacy and reasonable notice to the Sub- Recipient. B. Conduct 1. Assignments The Sub-Recipient shall not assign the Agreement or any part thereof and the Sub-Recipient shall not transfer or assign any funds or claims due or to be come due hereunder without the prior written approval of the Village Manager. Any transfer or assignment of funds pursuant to this agreement, either in whole or in part, or any interest therein shall be due to the Sub-Recipient shall be deemed of no force or effect and shall not be binding upon the Grantee. 2. Prohibited Activity The Sub-Recipient is prohibited from using funds provided herein or personnel employed in the administration ofthe program for political activities: sectarian or religious activities; lobbying, political patronage, and nepotism activities 11 3. Conflict of Interest The Sub-Recipient agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the Agreement. The Sub-Recipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Sub-Recipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the Grantee, or of any designated public agencies or Sub-Recipients which are receiving funds under the CDBG Entitlement Program. 4. Lobbying The Sub-Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all Sub- Recipients shall certify and disclose accordingly; and d. Lobbying Certification - Paragraph d 12 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 13 52, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 5. Religious Organizations The Sub-Recipient agrees that funds provided under this contract will not be utilized for religious activities to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CR 570.200(j). 6. Reversion of Assets Upon expiration of this Agreement, the Sub-recipient shall transfer to the Village any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 shall either: a. Be used to meet one of the national objectives in Section 570.208 (formerly Section 570.901) of the CDBG regulations until five years after expiration of the Agreement; or b. If the real property is not used in accordance with paragraph 6a above, the Sub-recipient shall pay to the Village an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the Village. No payment is required after the period of time specified in paragraph 6a of this section. IX. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 13 IN WITNESS WHEREOF, the Parties have executed this contract: THE VILLAGE OF MOUNT PROSPECT GREA TER WHEELING YOUTH OUTREACH, INC. BY: BY: Mayor Executive Director ATTEST: Village Clerk Notary Public 14