Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6. New Business 11/15/2011 Part 1
Village of Mount Prospect Community Development Department MEMORANDUM TO; MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 28, 2011 SUBJECT: PZ -27 -11 1 1601 S. BUSSE ROAD/ CONDITIONAL USES (PUD & DWELLING UNITS ABOVE THE GROUND FLOOR) AND VARIATION (BDLG. HEIGHT) ! DAVERI DEVELOPMENT GROUP The Petitioner received approval for a Preliminary Planned Unit Development (PUD) in April of this year and is now seeking Final PUD approval. The Final Planned Unit Development will consist of an existing restaurant with a drive- through and a new mixed -use building that will provide affordable supportive housing units to individuals with disabilities. Thirty nine (39) one - bedroom or studio apartments will be located on the 2nd, 3rd, and 4th floors. The ground floor will include a commercial /retail space and ancillary uses that will support the, residential dwelling units. The Petitioner also seeks a Variation to increase the maximum permitted building height from thirty five (35) feet to forty three (43) feet. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, October 27, 2011, and by a vote of 6 -0, recommended approval of the following: A. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; B. A Conditional Use of a Final PUD consisting of an existing restaurant with drive- through and a four -story mixed -use building; and C. A Conditional Use for dwelling units above the first floor, subject to the conditions listed in the Staff Report. 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 November 15, 2011 meeting. Staff will be present to answer any questions related to this matter. 1\VYIWhIhcdSIPLAN1P1anning & Zoning COMMT &Z 20111ME] McMSTZ -27 -11 1601 S. Busse Rd(CU -Final PUD & VAR).docx 0 Daveri Development {group, LLC William Cooney Director of Community Development Village of Mt. Prospect 50 South Emerson Street Mt. Prospect, IL 60056 October 31, 2011 RE: Myers Place, November 15 Board Meeting Dear Mr. Cooney, Please accept this letter as my formal request that Village Board waive the second reading requirement for Myers Place on November 29 and instead take final vote on our final PUD submission on November 15. This project has secured Low Income Housing Tax Credits from the Illinois Housing Development Authority and plans to move to closing in the first quarter of 2012. It would help the project if we were done with Board action by the earlier date so that we can get to the December Board for the Illinois Housing Development Authority. Thank you for your support through the Plan Commission Hearing last week. We look forward to presenting this wonderful project to the Mt. Prospect Board. incerely, Jes i rzac Vic Presi nt Daveri Development Group, LLC 900 W Jackson, Suite 2W Chicago, Illinois 60607 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -27 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBERS: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: October 27, 2011 1601 S. Busse Road (Southeast Corner of Busse & Dempster) Daveri Development Group October 12, 2011 08 -23- 100- 015 -0000, 08 -23- 100 -014 -0000 Conditional Uses (Final Planned Unit Development & Dwelling Units above First Floor) and Variation (Building Height) Richard Rogers, Chair William Beattie Joseph Donnelly Leo Floros Keith Youngquist Jacqueline Hinaber, Alternate Theo Foggy Ronald Roberts Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Jessica Berzac, Susan Reynolds Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve the minutes of the September 22, 2011 Planning & Zoning Commission meeting; the minutes were approved 4 -0 with Mr. FIoros and Mr. Youngquist abstaining. After hearing one (1) previous case, Chairman Rogers introduced Case PZ- 27 -11, 1601 S. Busse Road at 7:50 p.m. Ms. Andrade said the Petitioner for PZ -27 -11 received approval for a Preliminary Planned Unit Development (PUD) in April 2011 and was seeking Final PUD approval including a Conditional Use to allow dwelling units above the first floor and a Variation to increase the building height for the property located at 1601 S. Busse Rd. Ms. Andrade stated the final Planned Unit Development would consist of an existing restaurant with a drive - through and a new mixed use building that would provide affordable supportive housing units to individuals with disabilities. Thirty -nine (39) one (1) bedroom or studio apartments would be located on the second, third, and fourth floors. The ground floor would include a commercial/retail space and ancillary uses that would support the residential dwelling units. Ms. Andrade said the Subject Property is located at the southeast corner of Busse Road and Dempster Street, and consists of two (2) tax parcels. The parcel on the east end of the property is occupied by a Culver's Restaurant with drive - through. The parcel on the west end is vacant. The Subject Property is zoned B -3 Community Shopping and is bordered by the B -3 District to the east, south, and west, and by the R -4 Multi - Family Residential District to the north. Richard Rogers, Chair PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page I of 5 Ms. Andrade stated the Petitioner's site plan indicated the new mixed -use building would be located on the west end of the property. The building would measure approximately 169 feet wide by sixty -five (65) feet deep. Overall, 165 parking spaces would be provided, including thirty -six (36) land banked spaces. The proposed development would utilize the existing curb cuts on Busse Road and Dempster Street, in addition to maintaining access to the adjacent Plaza United commercial development Ms. Andrade said the new building would be primarily constructed out of brick, including hardi siding for the bays, and precast concrete. The design incorporates glass storefronts on the ground level and windows on the 2nd, 3rd, and 4th floors. The ground floor also includes awnings on the north and west building elevations. As proposed the building elevations would require revisions to address previous Staff comments. Ms . Andrade referenced the following table: Building Setbacks: Front (Dempster) Exterior Busse Min. 30' Min. 30' 98' n/a 87 , gg' Side Min. 10' 37' and 56' 46' Rear Min. 20' 48' 48' Building Height Max. 35' 24' 43' Lot Coverage Max. 75% 68% Ms. Andrade stated the table compared the Petitioner's final Planned Unit Development with the Village Code requirements. The existing building currently complied with the minimum setback requirements and the proposed mixed -use building would also comply with the required setbacks. The new building would be setback approximately eighty -seven (87) feet from the front property line, eighty -eight (88) feet from the exterior side property line, forty-six (46) feet from the interior side property line, and forty -eight (48) feet from the rear property line. The overall development on the Subject Property would have sixty -eight (68) percent lot coverage, which falls below the B -3 District's maximum seventy -five (75) percent lot coverage permitted. The building height would exceed the maximum permitted by Code and would require a Variation. As proposed, the building height would be forty-three (43) feet as measured to the top of the building. The maximum building height permitted by Code in the 133 district is thirty -five (35) feet. Ms. Andrade stated the total number of required parking spaces is 164. Culvers restaurant currently provides sixty -seven (67) parking spaces. The proposed mixed use building will provide sixty -two (62) parking spaces and land bank thirty-six (36) parking spaces, which would bring up the overall number of parking spaces provided to Richard Rogers, Chair PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 2 of 5 Ms. Andrade said the Zoning Code requires parking based on land use. Ms. Andrade referenced the following table: 165. This would exceed the minimum required by one (1) parking space. The preliminary PUD proposal was granted a parking Variation; however, the parking Variation was no longer necessary based on the revised floor plan submitted as part of the Final PUD request. Ms. Andrade said the Petitioner's landscape plan provided a conceptual design with regards to the number, type, and location of plantings. The landscape plan would be required to be revised to meet Code. Ms. Andrade stated the proposed photometric plan illustrated nine (9) new parking lot light poles as part of the development and provided illumination levels, which exceeded the maximum levels permitted by Code. The Petitioner would be required to revise the photometric plan to comply with Code and provide fixture cut sheets for all exterior lighting. Ms. Andrade said the standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The summary of these findings include: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. Ms. Andrade stated Staff found that the Petitioner's request for a Final PUD would not have a negative impact on the public or surrounding properties. The existing restaurant with a drive - through and proposed mixed use building would integrate well with the surrounding properties. The proposed development would not have an impact on circulation as it proposed to utilize existing ingress and egress from Dempster and Busse. The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the underlying zoning for the property. Ms. Andrade said based on the findings, Staff recommended that the Planning & Zoning Commission recommend approval for the motions listed in the Staff report. Mr. Donnelly asked Staff if there were any requirements that the Subject Property would have to stay with the proposed use. Ms. Andrade stated that there was no requirement stating the Subject Property would have to be supportive housing. Chairman Rogers said the biggest issue would be the parking requirements if the use was changed. Mr. Simmons said if the Subject Property changed to a different residential use, the number of parking spaces including the land banked spaces would meet Code. Chairman Rogers confirmed that the subject case was back before the Planning and Zoning Commission for final PUD approval. The previous zoning case, PZ -19 -10 was for the preliminary approval approved by the Village Board in April 201 L Chairman Rogers swore in Jessica Berzac, Vice President of Daveri Development Group, 900 W. Jackson, Chicago, Illinois. Ms. Berzac discussed the financing for the project and stated they are ready to close on the Subject Property in the first quarter of 2012 and hopefully start construction in March 2012. Ms. Berzac discussed the overall project which brings permanent supportive housing to the Village. Daveri is linking affordable housing units with on -site case management and social services. Ms. Berzac said that Daveri has teamed up with the Kenneth Young Center who will be an owner and service provider of the proposed Richard Rogers, Chair PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 3 of 5 facility. Representatives from the Kenneth Young Center would be on site to support the residents of the proposed building. Ms. Berzac stated the Subject Property would consist of thirty-nine (39) units. The building is mixed -use as the first floor would consist of a commercial space and ancillary spaces supporting the residential units. Chairman Rogers asked the Petitioner if she saw the twelve (12) items that need to be taken care of for Staff. Ms. Berzac said she has seen the items and has spoken with Staff. The Petitioner agreed that the items would be addressed accordingly. Mr. Beattie asked the Petitioner to address the commercial space on the first floor. Ms. Berzac stated that the specific health center that they targeted is on hold due to no new contracts being released. She said confidence has been secured with the investors for them to proceed with the proposed development without the commercial tenant in place. Mr. Beattie asked if there would be any problems if the Petitioner would not get the commercial tenant they are looking for. Ms. Berzac stated that they have not begun a standard marketing process for alternative tenants because they would prefer someone who would serve the residents of the building and surrounding community. Mr. Floros asked the Petitioner what she would specifically like to see on the first floor. Ms. Berzac said the goal and original commitment was from Heartland Health Outreach to provide a federally qualified health center. The center would provide medical services to the entire area. The commercial tenant would only occupy 3,500 square feet of the first floor. The rest of the first floor is purely residential uses: the property management offices, the case management and therapy offices, community rooms, laundry, library, and learning centers. The residential uses would be strictly for the residents of the proposed building. Chairman Rogers asked how much of the Subject Property is federally funded. Ms. Berzac stated there are layers of financing sources. The primary source is the low income tax credit. This is a competitive tax credit that is purchased by private investors. Ms. Berzac believed the investor would be United Health Care. There are also several grants and Iow interest loans from the State and Federal Governments. Chairman Rogers asked if any of the residents are federally subsidized. Ms. Berzac anticipated that all residents would be federally subsidized. Residents would only pay thirty (30) percent of their income which is typically their social security towards their rent. Cook County has committed to picking up the balance of the rent so Daveri could operate at the levels that are necessary. Chairman Rogers confirmed that the proposed development would be similar to Section Eight (8) housing. Mr. Beattie asked if support Staff would be living on site. Chairman Rogers swore in Susan Reynolds of Kenneth Young Center, 8047 FIoral Avenue, Skokie, Illinois. Ms. Reynolds stated that the Kenneth Young Center has been the community mental health center for the Elk Grove and Schaumburg Township areas for the last forty (40) years. The residents are going to receive services that allow them to remain independent. They will also receive services in their home. Ms. Reynolds said that Staff may be on site during the evenings and weekends to help residents with various tasks. No staff would be living on site; however, there are procedures in place for twenty -four (24) hour crisis intervention if necessary. Mr. Donnelly asked what type of disabilities residents would commonly have at the proposed facility. Ms. Reynolds said that they would primarily be looking at people with mental illness. She stated that they are always looking for residents who are living with aging parents or who may currently be in transitional living. Mr. Floros asked if the residents would primarily be from Mount Prospect. Ms. Reynolds said there are no requirements in regards to geographic area. The facility would have to have an open waiting Iist and prospective residents would have to meet federal eligibility requirements in terms of income and have a disability. Mr. Floros confirmed that the Petitioner would have no issues filling all thirty -nine (39) units. Ms. Berzac stated that they had a third party market study completed that this type of housing is needed for hundreds who are in the area. Richard Rogers, Chair PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 4 of 5 Mr. Donnelly asked if Daveri had similar facilities in the area. Ms. Berzac stated that they have a large pipeline of facilities currently in operation around the state in Peoria and Chicago. She said they have many proposals in surrounding communities, but the Mount Prospect location would be their first facility in the area. Mr. Donnelly asked how parking was at the facility. Ms. Berzac stated that they are offering a lot more parking than they normally do. The Petitioner had a parking study completed. She said typical units normally require two (2) parking spaces per unit; the demand for the proposed housing use is 0.15 spaces per unit. Ms. Berzac stated most of the residents can drive; in most cases, they cannot afford a car payment and insurance. Mr. Donnelly confirmed that the housing is permanent for the proposed building and not transitional. Ms. Berzac stated that there is no timeline on residents of their units. She said some residents move for a less restrictive environment or a bigger space. Mr. Beattie confirmed that most of the units would be single occupancy. Ms. Hinaber asked about security in the building. Ms. Berzac said the building would be very secure with a twenty -four (24) hour camera system. The building will not be staffed twenty -four (24) hours. Ms. Berzac stated that there are extensive emergency response networks in place from the ownership and property management side as well as the social service areas. She said that Daveri has worked with the Village's Police and Fire Departments on making sure that there are integrated systems so the proper party is called in case of emergency. Chairman Rogers asked if there have been security issues with the Petitioner's other facilities. Ms. Berzac stated that there have been no issues. She said the proposed development actually would reduce security issues and calls to emergency services because the residents are provided with stability. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 8:16 p.m. and brought the discussion back to the board. Mr. Floros made a motion, seconded by Ms. Hinaber to approve a Conditional Use of a Final Planned Unit Development consisting of an existing restaurant with drive - through and a four (4) story mixed -use building; a Conditional Use for dwelling units above the first floor; and a Variation to increase the maximum permitted building height from thirty-five (35) feet to forty-three (43) feet, subject to compliance with the conditions of approval listed in the Staff Report. UPON ROLL CALL: AYES: Beattie, Donnelly, Floros, Hinaber, Youngquist Rogers NAYS: None The motion was approved 6 -0. The Village Board's decision is final for this case. Mr. Donnelly made a motion, seconded by Mr. Beattie to adjourn at 8:17 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 5 of 5 LOCATION MAP Village of Mount Prospect McnintPtt>spE�x Community Development Department CASE SUMMARY — PZ- 27 -11 LOCATION: 1601 S. Busse Road (Southeast Corner of Busse & Dempster) PETITIONER: Daveri Development Group OWNER: Mt. Prospect Partners, LLC and Commitrust Real Estate, LLC PARCEL #s: 08 -23- 100 -015 -0000, 08 -23 -100- 014 -0000 LOT SIZE: 3.72 acres ZONING: B -3 Community Shopping LAND USE: Vacant Parcel & Culver's Restaurant REQUEST: Conditional Uses (Final Planned Unit Development & Dwelling Units above First Floor) and Variation (Building Height) LOCATION MAP `� Village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER OCTOBER 14, 2011 OCTOBER 27 2011 PZ- 27 -11/ CONDITIONAL USES AND VARIATION / 1601 S. BUSSE ROAD / DAVERI DEVELOPMENT GROUP A public hearing has been scheduled for the October 27, 2011 Planning & Zoning Commission meeting to review the application by Daveri Development Group (the "Petitioner ") regarding the property located at 1601 S. Busse Road (the "Subject Property"). The Petitioner received approval for a Preliminary Planned Unit Development (PUD) in April of this year and is now seeking Final PUD approval. The P &Z hearing was properly noticed in the October 12, 2011 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the southeast corner of Busse Road and Dempster Street. Per the attached Plat of Survey, the Subject Property is a legal lot of record that includes two tax parcels. One parcel is occupied by a Culver's Restaurant with drive - through and related improvements. The second parcel is vacant. The property owner of the vacant parcel, Mt. Prospect Partners, is currently under contract to purchase approximately .2 acres of land from the Culver's parcel. The Petitioner will subsequently purchase the vacant parcel from Mt. Prospect Partners. The Subject Property is zoned B -3 Community Shopping and is bordered by the B -3 District to the east, south, and west, and by the R -4 Multi- Family Residential District to the north. SUMMARY OF PROPOSAL As per the attached site plan, the Final PUD will consist of an existing drive - through restaurant (Culver's), a new four -story mixed -use building, and related parking, landscaping and stormwater detention improvements. The existing drive - through restaurant is located at the east end of the site. The restaurant measures approximately 4,754 square feet and provides sixty seven (67) parking spaces. The Petitioner is not proposing any changes to the Culver's improvements. The proposed mixed -use building will be located at the west end of the site and will provide affordable supportive housing units to individuals with disabilities. The building will be four - stories tall and include thirty nine (39) one bed -room or studio apartments on the 2 nd , P, and 4`" floors. The ground floor will consist of a 3,561 square foot commercial /retail space and ancillary uses that will support the apartments. r PZ -27 -11 Planning &.Zoning Commission Meeting October 27, 2011 Page 3 A specific tenant has not been confirmed to occupy the 3,561 square foot commercial /retail space. This space was originally intended for a medical clinic, but due to Federal budget cuts that tenant is not able to sign the lease at this time. The Petitioner will continue to pursue a medical clinic to occupy the commercial /retail space, but is currently seeking a back -up option for the space. The Petitioner will not close on the project until this piece of the financing is finalized. Per the Village's Zoning Ordinance, the review procedure for a PUD requires preliminary plan review and final plan review. As noted earlier, the Petitioner received approval for the Preliminary PUD and is now seeking Final PUD approval. A recommendation by the Planning and Zoning Commission and final action by the Village Board is required for the Final PUD. GENERAL ZONING COMPLIANCE PUD Proposal — The proposed development will consist of two buildings on a single lot of record. The proposed PUD would result in a more cohesive development of the irregular shaped property because it minimizes potential traffic impacts and allows for better interior circulation between the land uses. Building Setbacks - Per the plat of survey, the existing building (Culver's) complies with the Zoning Code's minimum setback requirements. The Petitioner's site plan indicates the proposed mixed -use building will also meet the minimum setback requirements. As proposed, the building would be setback approximately eighty seven (87) feet from the front property line, eighty eight (88) feet from the exterior side property line, forty six (46) feet from the side property line, and forty eight (48) feet from the south property line. The following table compares the existing and proposed building setbacks to the Code's setback requirements: „ ,l a be a uirein °ents, A ster)= Exi ,udn ' ' P� �e 1Vfixed seBu, ri` Front Dem Min. 30' 98' 86.99' Exterior Side (Busse) = Min. 30' N/A 88.17' Interior Side = Min. 10' 37' and 56' 46.15' Rear = Min. 20' 48' 48.54' Building Height - The B -3 District allows a maximum building height of thirty five (35) feet. The existing building height is approximately twenty four (24) feet and complies with the Code's height limitation. However, the proposed 4 -story mixed -use building will measure forty three (43) feet in height, which exceeds the B -3 District's height limitations. The Petitioner is seeking Variation approval to increase the maximum permitted building height from thirty five (35) to forty three (43) feet. Lot Coverage - The site plan indicates that the overall development on the Subject Property will have sixty eight (68) percent lot coverage, which falls below the B -3 District's maximum permitted lot coverage of seventy five (75) percent. Landscaping - The attached landscape plan illustrates the proposed plantings for the development. As shown, the landscape plan does not comply with all Village Code landscape requirements and shall be revised to comply with Code, including: • Providing one shade tree at the equivalent of not more than seventy five (75) feet apart along the Busse and Dempster property lines; • Providing at least one tree for every seven hundred (700) square feet of landscaped area. One fourth (1 /4) of the trees shall be evergreens, one - fourth (1/4) ornamental, and one half (1/2) shade trees; • Providing landscaping that is to a height of a minimum three (3) feet in height across one hundred percent (100 %) of the Dempster Street property line, as it is across from residential property. Such landscaping shall consist of berms, shade, and ornamental trees, evergreens, shrubbery, and hedge; PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 4 ® Providing landscaping that is to a height of a minimum .three (3) feet in height across at least fifty (50) percent of the Busse Road property line. Such landscaping shall consist of berms, shade, and ornamental trees, evergreens, shrubbery, and hedges; and • Providing one shrub for every one hundred fifty (150) square feet of landscaped area. At a minimum, fifty percent (50 of the shrubs shall be deciduous and fifty percent (50 %) evergreen. The Petitioner will be required to submit a revised landscape plan that complies with Code requirements as part of the building permit submittal. Site Access /Circulation System - The Petitioner's proposal would utilize the existing curb cuts on Busse and Dempster, in addition to maintaining access to the adjacent Plaza United commercial development. Parkin -Based on the original floor plan submitted as part of the Preliminary PUD, relief from the parking requirements was granted. The Petitioner has modified the floor plan by reducing the area of the commercial/retail space intended for a medical clinic from 4,125 to 3,561 square feet. As a result, a Variation to the parking spaces is not needed for the Final PUD. The existing building ( Culver's) requires fifty seven (57) parking spaces and the proposed mixed use building will require one hundred and seven (107) parking spaces. Therefore, the overall number of required parking spaces is one hundred and sixty four (164). The Culver's parcel currently provides sixty seven (67) parking spaces, which exceeds the minimum parking spaces required by ten (10). The proposed mixed use building will provide sixty two (62) parking spaces and thirty six (36) land banked parking spaces, which would bring up the overall number of parking spaces provided to one hundred sixty five (165). The following table compares the proposed parking spaces to the Village's parking requirements: As a PUD, a cross access and shared parking agreement will be required between the two buildings. ■ PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 5 Building Design The attached elevation drawings for the proposed mixed -use building indicate the building will be primarily constructed out of brick, including hardi siding for the bays, and precast concrete. The design incorporates glass storefronts on the ground level and windows on the 2 " 3r and 4 floors. The ground floor also includes awnings on the north and west building elevations. As shown, the elevation drawings will require revisions to address previous staff comments. Detail elevation drawings and wall sections will be required at time of building permit submittal. Li htin — The attached photometric plan illustrates nine (9) parking lot light poles and provides illumination levels for the development. As shown, the illumination levels exceed the maximum levels permitted by Code. The Petitioner shall revise the photometric plan to comply with Code and provide fixture cutsheets for all exterior lighting. Full cutoff luminaries, including a flat lens, with a total cutoff angle of not more than ninety degrees (90 °) will be required. The overall height of the light standard, including the pole, pole support, fixture and related equipment shall not exceed thirty feet (30'). The Petitioner is not seeking relief from the Village's lighting regulations and is required to comply with Sections 14.314 and 14.2219 of the Zoning Code. Signage - The building elevation drawings indicate wall signs would be placed on the first floor of the building. Signage will need to comply with the Village Sign Code requirements and require separate permits. ADDITIONAL STAFF COMMENTS Building Department — A design professional of record will be required to perform a complete code analysis including, but not limited to egress, height, area, use, and fire rating analysis for the proposed development. Fire Department — An egress plan, fire sprinkler system, fire alarm system, standpipe system, and additional fire hydrants as need be will be required for the proposed development. Additionally, the driveways accessing the site must have curbs that allow for fire department access from all directions or that can be driven over. Engineering Department The water main to be relocated will have to be relocated farther away from the building. Any maintenance needed on the water main in the location as shown on the plan would be very close to the building, and possibly near the main entrance. The main shall be relocated west and north to be in the grass areas between the parking lot and rights of way. An easement exclusive to the Village of Mount Prospect will have to be granted over the new water main. Sidewalk access shall be provided to the site connecting to the public sidewalk along both Busse Road and Algonquin Road. These requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits the necessary documentation at the building permit stage. COMPREHENSIVE PLAN DESIGNATION AND ZONING The Village Comprehensive Plan designates the property as Community Commercial Use. This land use designation is appropriate for retail establishments and is consistent with the Subject Property's current B -3 zoning. The proposed mixed -used PUD is consistent with this designation and is appropriate for the area. CONDITIONAL USE STANDARDS The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 6 • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances, The Petitioner's request for Final PUD is consistent with the approved Preliminary PUD including an existing drive -thru restaurant and a proposed four story mixed -use building with dwelling units above the first floor. The mixed -use building would provide affordable supportive housing units intended for adults with disabilities to serve the needs of community. The Conditional Uses will not have a negative impact on the public or surrounding properties as the land uses and new building will integrate with the surrounding properties. In addition, the proposed development will not have an impact on circulation as it proposes to utilize existing ingress and egress from Dempster and Busse. The proposal is consistent with the Village's Comprehensive Land Use Map and is compatible with the underlying zoning for the property. The mixed -use development will be compatible with other developments that are located within the vicinity and will be an infill development project for a site that has been vacant for a number of years. RECOMMENDATION The proposed Conditional Uses for a mixed -use planned unit development with dwelling units above the first floor and Variation request to the building height meet the standards for these requests as listed in the Zoning Code. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the following motions: "To approve: A. A Variation to increase the maximum permitted building height from 35 feet to 43 feet; B. A Conditional Use of a Final PUD consisting of an existing restaurant with drive - through and a four -story mixed -use building; C. A Conditional Use for dwelling units above the first floor, subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated September 21, 2011; 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated September 21, 2011, but revised to comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the land and specify the authority of the Village to require I PZ -27 -11 Planning & Zoning Commission Meeting October 27, 2011 Page 7 additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; 8.. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Easements, which vacates and grants water main easements as required for the proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 12. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. The Village Board's decision is final for this case. I concur: William J. Cooney, AIC Director of Community Development ETLANIPIanning & Zoning COMMkP&Z 20111SlaRRepor(07,27 -11 1601 S. Busse Rd (CU- FINALPUD).dmx Daveri Development Group, LLC Myers Place Village of Mount Prospect Community Development Department Planning Division Zoning Request Application, Final PUD September 22, 2011 Submitted by: Daveri Development Group 900 W. Jackson, Stuie 2W Chicago, IL 60607 P 312.870.4747 TILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818:5329 Zoning Request Application ZY Z Name Telephone (day) O Jessica Berzac 312 -870 -4747 E� Corporation Telephone (evening) Q Daveri Development Group " Street Address Fax p 900 W' Jackson Blvd., 2W 312 -870 -4748 5 City State Zip Code Email. essica daveridevelo Chicago (L 60607 J ment.cohi @ p � Interest in `Property r Daveri is purchasing this property from Mt. Prospect Partners, LLC for affordable housing development Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1. TDD 847.392.6.064 Case Number O P&Z - E ❑ Zoning Map Amendment: From to Development Name /Actress ® Variation from Sec. 14.2224 - parking n Text Amendment: Sections) O 0 Date of Submission X E Tin G Hearnb.Date a Z Name Telephone (day) O Jessica Berzac 312 -870 -4747 E� Corporation Telephone (evening) Q Daveri Development Group " Street Address Fax p 900 W' Jackson Blvd., 2W 312 -870 -4748 5 City State Zip Code Email. essica daveridevelo Chicago (L 60607 J ment.cohi @ p � Interest in `Property r Daveri is purchasing this property from Mt. Prospect Partners, LLC for affordable housing development Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1. TDD 847.392.6.064 ZONING REQUEST (s) ® Conditional Use for B3 PUD ❑ Zoning Map Amendment: From to 14.1704 - bldg height ® Variation from Sec. 14.2224 - parking n Text Amendment: Sections) Other: Final PUD Tin a SUM.MARTY OF REQUESTED ACTION: rj 4 Conditional use for residential dwelling units above ground floor with B3 PUD, community shopping district. N Final PUD aeproval for Lot 2 of Plaza United Resubdivision Culver's & Myers Place See Attached. Z Name Telephone (day) O Jessica Berzac 312 -870 -4747 E� Corporation Telephone (evening) Q Daveri Development Group " Street Address Fax p 900 W' Jackson Blvd., 2W 312 -870 -4748 5 City State Zip Code Email. essica daveridevelo Chicago (L 60607 J ment.cohi @ p � Interest in `Property r Daveri is purchasing this property from Mt. Prospect Partners, LLC for affordable housing development Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1. TDD 847.392.6.064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5324 www.mount,prospect.org 2 TDD 847.392.6064 ❑ Property owner same as applicant Name Telephone (day) 0 C Joe Goodman / Charles F. Martin Lot Area (Sq..Ft) Zoning District Total Building Sq. Ft. a Corporation: Telephone (evening) 0 t7 Mt. Prospect Partners, LLC / Commitrust Real Esate, ` LC Street Address Fax Z Front Rear City State Zip Code Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5324 www.mount,prospect.org 2 TDD 847.392.6064 Address(es) (Street Number; Street) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) 1585 W Dempster St. (Myers Place) & 1501 W. Dempster St. (Culver"s) Lot Area (Sq..Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed �o Lot. 2: 162,138 83 -PUD 4,754 (Culvees) Use 4,754 Setbacks.. Z Front Rear Side Side O 30 ft _ 24 ft NlA.double front 10 ft* (east of Culvers) Building Height Lot Coverage ( %o) Standard Parking Spaces Accessible Parking Spaces a see site plan 40.1 71 4 Q Adjacent Land Uses. North. _ South East West F R4- .multifamily 83: commercial �ommercial (unicorporated) 133 commercial Tj Property Index Number(s): 0 8 -- 2 3 -- 1 0 0 -- 0 1 4 — 0 8_ -- 2 3 -- .1 _. 0 .. 0 -- Q 1 _5_._.. (attach additional sheets if necessary) Legal Description (attach additional sheets if necessary) Parcel 1 = Myers Place, Parcel 2 = Culver's See attached_ Parcel 1 & 2 = Lot 2 of Plaza United Resubdivision Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5324 www.mount,prospect.org 2 TDD 847.392.6064 Proposed Use (as listed in the zoning district) Conditional use for residential dwelling units above ground floor with B3 PUD, community shopping district Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) SEE ATTACHED O as a �o U d Hours of Operation Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5324 www.mount,prospect.org 2 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.532.8 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847392.6064 Addresses) (Street Number, Street) w 1585 W Dempster Street (Myer Place) 7 1501 W. Dempster (Culvees) Z C S Lot Area ft (9�) Zoning District � Total Building S Ft. o q• S Ft. Devoted to Proposed Q• p A 4 Lot 2 = 162,138 133 -POD See attached. Use See attached Setbacks Front Rear Side Side 30 ft 20 ft N/A double front 1 Oft* (east of Cu[vers) p Building. Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces. 11 43 see site plan 68.3% 138 + 19 flandbanked) 8 Developer Name Daye6 Development Group Telephone (day) 312.870.4747 Address 900 W. Jackson, 2W Fax 312.870.4748 z Chicago, IL 60607 Email Je ssica @daveridevelopment.co O o .Attorney ' Name Applegate 8�Thorne- Thomsen Telephone Wk v) ) 31`2 -49t -3312 r� o . a. .Address 322 S Green St. #400 Fax 312- 421 -6162 A Chicago, IL Email nj x ° U A Surveyor Flame Haeger Engineering Telephone (day) 847- 394 - 6600 Address 1300 N Plum Grove Rd. Fax 847- 394 -6608 Schaumburg, IL 60173 Email Engineer Naive Haeger Engineering. Telephone (day) 847 -394 -6600 Address 1300 N Plum Grove R:d, Fax` 847 -394 -6608, Schaumburg, IL 60173 Email Architect Name Cordogan Clark & Associates Tel e phone (day) 630 896 - 4678 Address 960 Ridgeway Ave. Fax 630- 896 -4987 Aurora, IL 60506 Email kalbins @cordoganclark.com Landscape Architect Name Cordogan Clark & Associated Telephone (day) 630 - 896 -4678 Address 960 Ridgeway Ave.. Fax 630- 896 -4987 Aurora, IL 60506 Email kalbinson @cordoganclark.com Mount Prospect Department of Community Development Phone 847.818.532.8 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of 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 req est. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours Fpr visual inspection of the subject property. I hereby affirm tht all information ed herein and in all materials submitted in association with this application are true and accurate to the be of my kno ge. Date �/ ,Z l l� Print Name L.' k1 cy \, ! l If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting `� material. / (signature) Print Name Scott Gendell, Mount Prospect Partners, LLC Property Owner Print Name Charles F. Martin. Commitrust Real Estate. LLC Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 4 Date Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Myers Place 1585 W. Dempster Summary of Actions Requested Proposed Use (as listed in the zoning district) Conditional use for a PUD and dwelling units above the ground floor in a B3 Community Shopping District Describe in Detail the Buildings and Activities Proposed and How the Proposal Meets the Standards for the Zoning Request Approval Myers Place will be a mixed -use development comprised of commercial spaces and affordable housing rental apartments. More specifically, Myers Place will be a "permanent supportive housing" development which means that the apartments will be income restricted and affordable for all tenants (through calculations for income and rent based on area median income data). The development will also be supported by social service staff, both onsite and through other community linkages. One of the owners of Myers Place, Kenneth Young Center, is the existing community mental health agency in the township and will expand their highly respected, effective and life changing social service programming into permanent housing for this development. Access to high quality affordable housing is one of the most critical obstacles for people with mental illnesses to move towards recovery. Permanent Supportive Housing is a demonstrated effective model with great demand in Mount Prospect. 1585 W. Dempster St. provides a unique circumstance for this project due to the proximity to commercial areas, other multifamily housing developments and access to downtown through PACE bus routes. 1585 W. Dempster St. is a vacant site on Busse Avenue between Dempster and Algonquin Roads. The site has been for sale for many years with no successful proposals. A previously approved master plan contemplated two separate retail /commercial uses on the same site and Myers Place is a reasonable proposal based on the surrounding community uses and community planning objectives. The development will be nestled between more multifamily housing to the north, light commercial and retail to the west and south, and a restaurant to the east. Conditional Use Myers Place respectfully requests a Conditional Use within a PUD to allow dwelling units above the ground floor. Myers Place will be an appropriate addition to the immediate community with no detrimental effects on existing developments nor will it create any negative impacts on property values. The old concept of affordable. housing as tall and ugly "public housing" buildings from the 1940s to the 197os no longer exists. Myers Place has been designed intentionally as a smaller development that integrates into the surroundings. The plans include green landscaping and detailed architectural design. The units are designed with the same materials and fixtures as market -rate apartments. Myers Place has been designed for energy efficiency and design distinction which will help make the development some of the most technologically advanced and best looking housing in the area. Myers Place will be located on a z.6 acre site that is already served by all public utilities and roads. Existing drainage is more than sufficient for the proposal. Myers Place will be located on the west portion of a previously approved PUD that had contemplated both a bank and retail development, in addition to the Culver's restaurant that was erected. The existing ingress and egress, as previously developed, are sufficient for Myers Place and the intended first floor commercial space. Myers Place will conform to the applicable regulations of the district in which it is located as well as meet numerous goals of the Mount Prospect Comprehensive Plan. Myers Place specifically meets the Housing Objectives of the Mount Prospect Comprehensive Plan by creating infill housing that will provide a new type of housing to residents while maintaining the density and compatibility of the surrounding uses. Myers Place will also create affordable housing for low income residents and ensure that social services are available to people with disabilities. Building Breakdown: Footprint: 10,458 sf Gross new building area: Residential - 31,257 sf + Commercial / Retail - 10,458 sf = 4 sf 18 studio apartments 21 1 bedroom apartments First floor breakdown: Commercial / Retail (3,561) + Offices (160 + 123 + 1 45 + 1 53) = 4, sf Residential Community Room (828) + Tech Center (130) + Laundry (373) + Bathrooms (98) + Mailroom (47) + Tenant Storage (315) = 1,791 sf Other - Mechanical Room / Building Storage (398) + Trash Room (199) + Electrical Room (zo8) + Outdoor access Bike Storage (323) = 1128 sf Commercial / Residential Ratio: 25 0 /1 / 75% Summary of Variations Requested Myers Place will require two variances to the B3 code with a conditional use for residential units above the ground floor. They are: i. Residential Parking Requirements z. Height limitations Parking Requirements Zoning requires a z:I parking requirement for residential dwelling units, Myers Place proposes a r.69:I ratio. Myers Place meets the commercial parking requirements for the first floor commercial tenant (5 spaces per i,000 sf) and will also meet the requirements of the ancillary residential spaces, when treated as commercial (4 spaces per i,000sf). We respectfully request a reduction to the za parking requirement for residential units. Permanent Supportive Housing is a unique housing model with a proven record of very few cars on site. The residents of permanent supportive housing most often do not have cars due to financial strains or the added responsibility. The strict regulations would require iio parking spaces. Our site plan offers 79 stalls (75 regular + 4 handicapped stalls). In addition to this, Culver's has a surplus of io parking stalls that can be used for this development, for a total of 89 required spots. In addition to the proposed development, we've prepared a landbanking plan that would accommodate an additional i9 parking spaces, for a total of 98 / no. We're confident this parking won't be needed and would only reduce green space on the site, but in the event of a future change of use, the site does accommodate the greatest amount of parking needed. Therefore, we respectfully request a parking reduction of II0/0. The parking code does not fully acknowledge household sizes and occupancy loads for a project, which must be considered for a permanent supportive housing development. Myers Place will incorporate efficiency units and I bedroom apartments only, therefore creating a low occupancy load for the amount of dwelling units. We anticipate an occupancy load of 39 individuals, a fraction of whom will own their own cars. Our goal is to meet the commercial parking requirements and in addition provide plenty of parking for the intended use of the program. The code would undoubtedly create a sea of concrete that would go unused and increase water run off by greatly reduce the green space in the site plan. A parking analysis by KLOA, Inc. was included with the preliminary application, and is still on file with the Village. This analysis confirms our statement that this type of use will not require a z:i parking ratio. Additional copies of this report are available upon request. By reducing the parking spaces in the project there is no risk to the health, safety and general welfare of the immediate community members. The reduction in parking will improve the community by adding green space, walking paths and gardens and encouraging the use of public transportation whenever possible. Height Limits Height Limitation: Zoning allows for 35', Myers Place proposed to be 43', which includes a 3' tall parapet. This development has been sized based on the driving economic forces underlying the development and operations of the project. Many of the costs are fixed in a permanent supportive housing development, such as: • Land • Engineering • Architecture • Title • Legal • Accounting • Third party studies • Financing fees In order to spread the cost of these development line items, it is necessary that the project reach a critical mass to ensure the development is feasible and economically wise, which means going to a 4 story structure to house 39 efficiency and i- bedroom dwelling units above the ground floor. In addition to the development costs, many of the operating costs are fixed in a permanent supportive housing development, especially staffing. It is important to staff Myers Place with an appropriate level of highly qualified individuals. The operating income must support the minimum threshold of staffing in addition to operational costs, taxes, insurance and reserves. The site is surrounded by many other multifamily dwellings above 35' tall, and as such we believe request for a variance in building height is not only necessary, but also very reasonable in order to see affordable housing for people with disabilities developed in Mount Prospect. REAL ESTATE SALE CONTRACT 1. Purchaser, Daveri Development Group, LLC, an Illinois limited liability company, its successors or assigns, with its principal offices at 6160 N. Cicero Avenue, Suite 620, Chicago, Illinois 60646, agrees to purchase, and Seller, Mt. Prospect Partners, L.L.C., an Illinois limited liability company, with its principal offices at c/o Terraco, Inc., 3201 Old Glenview Road, Suite 300, Wilmette, Illinois 60091, agrees to sell to Purchaser all of Seller's right, title and interest in and to all of that certain property and any improvements thereon, consisting of approximately 2.3 acres of land, together with all easements, appurtenances and hereditaments thereto, commonly known as 1601 South Busse Road, in Mount Prospect, Illinois (the "Mt. Prospect Property "), and for the purchase of approximately 10,000 square feet of land located adjacent to the Mt. Prospect Property, at 1501 W. Dempster Street, in Mount Prospect, Illinois (the "Culver's Parking Parcel'), legally described as follows: LSee EXHIBIT A attached heretol and having a property tax identification number 08 -23 -100- 013 -0000 (in part), as more precisely defined in the survey to be completed by Purchaser as described herein (collectively, the "Property'). The Purchase Price for the Property shall be One Million Six Hundred Thousand and No /100 Dollars ($1,600,000.00). 2. EARNEST MONEY: Within three (3) business days of the date both Seller and Purchaser execute this Contract (the "Elective Date "), Purchaser shall deposit with Guarantee National Title Company ( "Escrowvee ") into a strict joint order account, pursuant to a strict joint order escrow trust agreement, the form of which is attached hereto as Exhibit B. (the "Earnest Money Escrow ") the sum of Ten Thousand and No /100 Dollars ($10,000.00), as earnest money to be applied toward the Purchase Price (the "Initial Earnest Money "). Upon waiver of the zoning contingency after the expiration of the Zoning Contingency Period (defined in Paragraph 8(b) hereof), Purchaser shall deposit into the Earnest Money Escrow the sum of Ten Thousand and No /100 Dollars ($10,000.00), as additional earnest money to be applied to the Purchase Price (the "Final Earnest Money ", collectively with the Initial Earnest Money, the "Earnest Money "). The Final Earnest Money shall be non - refundable, except in the event of Seller's default hereunder. The Earnest Money shall be held by Escrowee for the mutual benefit of the parties. At Purchaser's sole discretion and direction, the Earnest Money may be deposited in an interest bearing account; all interest on the Earnest Money shall accrue for the benefit of Purchaser, except in the event of Purchaser's default, and shall be paid to Purchaser at closing. Upon the closing of the sale, the Earnest Money less earned interest shall be delivered to the Seller and applied toward the Purchase Price. Purchaser shall pay the balance of the Purchase Price, plus or minus prorations, at closing. Following the expiration of the Zoning Contingency Period set forth in paragraph 8 of this Contract, the Earnest Money shall be returned to Purchaser only if (i) this Contract is terminated without Purchaser's fault, or (ii) as otherwise provided in the Contract. If this Contract is terminated due to Purchaser's fault, then Seller's remedies shall be as set forth in Paragraph 18 hereof. 3. THE CLOSING DATE: The closing ( "Closing ") shall occur on a date mutually agreed to in writing by the parties, but in any event no later than December 31, 2011 (the "Closing Date"), at the office of Escrowee; provided, however, Purchaser may extend the Closing Date to January 31, 2012 upon written notice to Seller on or before December 15, 2011, and payment of $1,000 on or before December 23, 2011, and may further extend the Closing Date upon payment of $1,000 per month prior to the originally scheduled Closing Date (as the same may have been extended) until June 30, 2012. All such additional sums shall constitute additional Earnest Money hereunder to be applied toward the Purchase Price. 4. POSSESSION: Seller shall deliver possession of the Mt. Prospect Property to Purchaser at the time of Closing free and clear of any rights of possession of any party. Seller shall be solely responsible for terminating any then existing lease of the land and any costs associated therewith. Seller shall cause Commitrust Real Estate, LLC, an Illinois Iimited liability company ( "Commitrust "), the owner of the Culver's Parking Parcel, to deliver possession of the Culver's Parking Parcel to Purchaser at the time of Closing free and clear of any rights of possession of any party. Seller shall contract with Commitrust that it will terminate any then existing lease of the Culver's Parking Parcel land and pay any costs associated therewith. 5. THE DEED: Seller shall convey or cause to be conveyed to Purchaser or Purchaser's Nominee by a recordable, stamped, special warranty deed, good title to the Mt. Prospect Property (the "Mt. Prospect Deed "), subject only to the following "permitted exceptions" if any: (a) general real estate taxes not due and payable at time of closing; (b) covenants, conditions, restrictions, reservations and easements of record approved by Purchaser; (c) public utility easements; (d) rights of way for existing drainage ditches, feeders, and laterals, and underground pipe or tile, if any; and (e) public roads and highways. Seller shall cause Commitrust to convey to Purchaser or Purchaser's Nominee a recordable, stamped, special warranty deed, good title to the Culver's Parking Parcel (the " Culver's Pa rking Deed "), subject only to the following "permitted exceptions" if any: (a) general real estate taxes not due and payable at time of closing; (b) covenants, conditions, restrictions, reservations and easements of record approved by Purchaser; (c) rights of way for existing drainage ditches, feeders, and laterals, and underground pipe or tile, if any; and (d) public roads and highways. 6. PERSONAL PROPERTY: No personal property will be purchased by Purchaser at closing. Seller shall remove all personal property and debris from the premises prior to closing. 7. SELLER'S COVENANTS: With respect to subparagraphs (a) through (h) of this paragraph 7, Seller covenants and agrees that from the date of its acceptance and execution of this Contract through the Closing Date, as and if extended, it shall: (a) maintain the Mt. Prospect Property in its present condition; (b) not enter into any leases, oral or written, or enter into any contract or service agreement affecting the Mt. Prospect Property that will survive Closing, except with Purchaser's prior written consent; (c) keep the Mt. Prospect Property secure and free from debris, trash, vehicles, signs and other materials; (d) deliver to Purchaser, no later than five (5) days after it has accepted this Contract, copies, if any, of (1) prior surveys of the Mt. Prospect Property; (2) the most recent title insurance reports, commitments or policies issued to Seller or Seller's lender(s), if any, regarding the Mt. Prospect Property; and (3) environmental reports regarding the Mt. Prospect Property, all to the extent that they are in its possession; (e) contract with Commitrust that it will maintain the Culver's Parking Parcel in its present condition; (f) contract with Commitrust that it will not enter into any leases, oral or written, or enter into any contract or service agreement affecting the Culver's Parking Parcel that will survive Closing, except with Purchaser's prior written consent; (g) cause Conunitrust to keep the Culver's Parking Parcel free from debris and trash as of delivery of possession to Purchaser; and (h) cause Commitrust to deliver to Purchaser, no later than five (5) days after Seller has accepted this Contract, copies, if any, of (1) prior surveys of the Culver's Parking Parcel; (2) the most recent title insurance reports, commitments or policies issued to Commitrust or Commitrust's lender(s), if any, regarding the Culver's Parking Parcel; and (3) environmental reports regarding the Culver's Parking Parcel, all to the extent that they are in Commitrust's possession. S. PURCHASER'S CONTINGENCIES: (a) Purchaser and its agents, engineers, surveyors, appraisers, auditors and other representatives shall have until sixty (60) days after the first business day after the Effective Date to inspect, examine, obtain engineering and environmental inspections, conduct soil tests and other studies, review the Property, and otherwise do that which, in Purchaser's opinion, is necessary to determine the value of the Property, the suitability of the Property for the uses intended by Purchaser and the environmental condition of the Property (the "Due Diligence Examination Period "). Seller shall reasonably comply with Purchaser during this Due Diligence Examination Period by providing Purchaser and its agents with access to the Property, including causing Commitrust to provide Purchaser with reasonable access to the Culver's Parking Parcel. Purchaser shall not unreasonably interfere with the conduct of Commitrust's business. Purchaser agrees to repair any damage to the Property caused by Purchaser's entry upon the Property and agrees to indemnify, defend and hold Seiler and Commitrust harmless from and against any and all loss, cost, or damage caused by or as a result of the acts or omissions of Purchaser, its employees, agents, attorneys, engineers, surveyors, appraisers or other contractors or representatives while on the Property in furtherance of the rights granted under this paragraph. (b) Purchaser and its agents, engineers, surveyors, and other representatives shall have until one hundred fifty (150) days after the first business day after the Effective Date (the "Zoning Contingency Period ") to obtain the necessary local governmental approval and permits for the uses of the Property intended by Purchaser, including, but not limited to, having the Property rezoned and the preliminary approval for the amendment of the existing Planned Unit Development ("PUD ") by the Village of Mount Prospect (the "Preliminary PUD Approval "). Purchaser and Seller acknowledge that the necessary local governmental approvals and permits for the Property to satisfy the Zoning Contingency do not include obtaining (i) the building permit, (ii) a business license, or (iii) the final PUD approval. Notwithstanding the foregoing, in the event that the Preliminary PUD Approval is obtained from the applicable municipal authority prior to expiration of said 150 -day period, the Zoning Contingency Period shall be deemed to expire as of the date of final passage thereof and Purchaser's receipt of such written notice of approval from the applicable municipal authority, a copy of which shall be provided to Seller. Seller shall reasonably comply with Purchaser during this Zoning Contingency Period by providing Purchaser and its agents with access to the Property and cooperating with Purchaser to obtain any required rezoning of the Property, and by contracting with Charles Martin, on behalf of Commitrust and Culver's, to provide written support of and execute Purchaser's application to the Village of Mt. Prospect for Conditional Uses for a PUD and Dwelling Units above First Floor and Variations (Building Height & Parking) as part of the PUD (the "Zoning Application "). Purchaser agrees to repair any damage to the Property caused by Purchaser's entry upon the Property and agrees to indemnify, defend and hold Seller harmless from and against any and all loss, cost, or damage caused by or as a result of the acts or omissions of Purchaser, its employees, agents, attorneys, engineers, surveyors, or other contractors or representatives while on the Property in furtherance of the rights granted under this paragraph. This indemnification and the indemnification set forth in sub - paragraph (a) above, shall survive the termination of this Contract or Closing. Prior to entry onto the Property or the Culver's Parking Parcel, as applicable, for performance of its due diligence activities, Purchaser shall delivery to Seller a certificate of insurance evidencing Purchaser's commercial general liability insurance coverage and naming Seller and Seller's managing agent as additional insureds, and with respect to the Culver's Parking Parcel, Commitrust and Commitrust's managing agent as additional insureds. (c) Purchaser's obligations under this Contract are further contingent upon receipt by Purchaser of (i) a written reservation of low- income housing tax credits, and (ii) a commitment from the Illinois Housing Development Authority ( "IHDA ") to provide financing for the development of the Property, within one hundred twenty (120) days after the expiration of the Zoning Contingency Period in the amounts requested by Purchaser in its tax credit and loan applications (the "Financing Contingency Period"). Purchaser hereby agrees to submit its application to IHDA by no later than April 15, 2011. Purchaser shall be obligated to reimburse Seller for its monthly carrying costs for the Property (approximately $7,640 for interest and $3,780 for real estate taxes, collectively, the "Carrying Costs ") for the period beginning May 1, 2011 through the date of Closing, on the Closing Date. If Purchaser does not receive the necessary financing for the development of the Property, or if the transaction shall not close for reasons other than Purchaser's default, Purchaser shall have no obligation to pay the Carrying Costs. Purchaser shall pay the Carrying Costs to Seller on the Closing Date. If Closing occurs on a date other than the 1 t of the month, such reimbursement shall be done on a pro-rata basis based on the actual number of days in the month of the Closing. If Purchaser has notified Seller in writing (i) prior to the expiration of the Due Diligence Examination Period, that it is not satisfied with the condition of the Property, its suitability for the uses intended by Purchaser, or does not approve of the terms of the documents required to be delivered under subparagraph 7(d) herein, or (ii) prior to the expiration of the Zoning Contingency Period, that it has not received the necessary zoning and government approvals, then this Contract shall be deemed terminated, and prior to the expiration of the Zoning Contingency Period, the Initial Earnest Money shall be returned to Purchaser. If Purchaser has notified Seller in writing prior to the expiration of the Financing Contingency Period, that it has not received a reservation of a low- income housing tax credits, a commitment for financing from IHDA, and/or such other financing commitments necessary to pay for the acquisition and development of the Property, then Purchaser may terminate this Contract. Upon such an occurrence, the Earnest Money shall be forfeited to the Seller and shall be applied by the Seller as liquidated damages and as the Seller's sole remedy. If at any time during the Due Diligence Examination Period, Purchaser determines that the environmental condition of the Property requires remediation work in excess of Twenty Thousand and No /100 Dollars ($20,000.00), because of violations of applicable law, then, Purchaser shall have the right to terminate the Contract and the Seller and Purchaser shall direct the Escrowee to return the Initial Earnest Money to Purchaser. Purchaser shall notify Seller prior to expiration of the Due Diligence Examination Period if it has discovered such an environmental condition and if it wishes to terminate this Contract because of that condition. Seller shall have thirty (30) days after receipt of said notice to notify Purchaser that it has elected to remediate said condition, and, upon Purchaser's approval of such remediation plan, in its sole discretion, Purchaser's notice to terminate shall be deemed void. Purchaser shall provide Seller with written notice within the time specified (if and as extended), that it is either (i) accepting the Property and waiving the applicable contingency; or (ii) rejecting the specified (if an( contingency. Property. If Purchaser fails to provide such written notice within the time as extended), Purchaser shall be deemed to have waived the applicable 9. SURVEY: Purchaser, agrees to obtain a current survey of the Mt. Prospect Property within 30 days of the date hereof. Purchaser shall receive a credit at closing in the amount of $2,000 for such survey. Seller agrees to obtain a current survey of the Culver's Parking Parcel for Purchaser no later than thirty (3 0) days after the date of its contract with Commitrust. 10. LEASES: Seller represents and warrants to Purchaser that no person has any legal right to possession of the Mt. Prospect Property and there are no occupants of the Mt. Prospect Property, or any part thereof. 11. HAZARDOUS MATERIALS. Seller covenants, represents and warrants to Purchaser that, to Seller's knowledge, without investigation, the Mt. Prospect Property (i) does not contain any hazardous or toxic chemicals, substances, mixtures, wastes, contaminants or other pollutants ( "Hazardous Materials ") within the meaning of any federal, state, regional, county, municipal and other local laws, regulations or ordinances in excess of legal limits; (ii) is not included in or a part of an area designated by any state, local or federal agency or body as a hazardous waste disposal site, or a site or location requiring management, clean -up or removal of any Hazardous Materials; (iii) is not and Seller is not involved in or subject to any claims relating to or arising from the existence, treatment, use or storage of any Hazardous Materials; and (iv) does not contain any storage, disposal or containment by any manner of Hazardous Materials or material contaminated with Hazardous Materials whether by landfill, open dump, surface impoundment, above or underground tanks or containers or any other materials or means. 12. SELLER'S REPRESENTATIONS: Seller represents to Purchaser that: (a) Seller has good and marketable title to the Mt. Prospect Property free and clear of all recorded liens, covenants, conditions, restrictions, rights -of -way, easements and encumbrances of any kind or character whatsoever, except as disclosed in the Title Commitment (as defined below); (b) If Seller is other than an individual, Seller has been duly formed and is validly existing and Seller has the full right and authority and has obtained any and all consents required therefor to enter into this Contract, consummate or cause to be consummated the sale and make or cause to be made transfers and assignments contemplated herein; the persons signing this Contract on behalf of Seller are authorized to do so; and this Contract and all of the documents to be delivered by Seller at the Closing have been authorized and properly executed and will constitute the valid and binding obligations of Seller, enforceable against Seller in accordance with their terms; W Seller has no knowledge of, without investigation, and has received no written notice that (1) there are pending or threatened actions against the Mt. Prospect Property (or the Seller which may affect the sale of the Mt. Prospect Property); and (2) the Mt. Prospect Property contains any hazardous substance that is regulated under any federal, state or local law, rule or guideline other than possible asbestos and lead -based paint. 13. TITLE: Seller shall furnish to Purchaser(s) within 30 days after the date hereof, at Seller's expense, a preliminary title report or commitment issued by Guarantee National Title Company (the "Title Commitment") to issue an owner's title insurance policy on the current form of American Land Title Association Owner's Policy (or equivalent policy) in the amount of the Purchase Price covering title to the Property on and after the date hereof, along with copies of all underlying documents relating to title exceptions referred to therein. At Closing, Seller shall furnish to Purchaser an Owner's ALTA Policy of Title Insurance (the "Title Policy') issued by Guarantee National Title Company in the amount of the Purchase Price showing title to the Property vested in Purchaser, with extended coverage over the standard preprinted exceptions, and subject only to: (a) the permitted exceptions as set forth in paragraph 5 of this Contract; and (b) acts done or suffered by, or judgments against Purchaser(s), or those claiming by, through or under Purchaser(s). The Title Policy may contain such endorsements as reasonably required by Purchaser and Purchaser shall pay the costs for all such endorsements. The Title Policy shall be conclusive evidence of good title as therein shown, as to all matters insured by the policy, subject only to special exceptions therein stated. Seller shall cause Commitrust to execute an amendment to that certain Declaration of Easements and Restrictive Covenants by Mt. Prospect Partners, LLC, dated as of April 9, 2004, and recorded May 11, 2004 with the Cook County Recorder of Deeds, as document number 0413203038 (the "Easement Agreement "), within 10 business days after the date of expiration of the Zoning Contingency Period, to be recorded at Closing, whereby Seller, Commitrust and Purchaser set forth the mutual obligations and rights of each party with respect to shared access, parking, utilities, signage, common area maintenance, detention facilities, and other related matters, including permitting Purchaser's use of the Property as a "permitted use" within the meaning of Section 4.1 of the Easement Agreement, the form of which is attached hereto as Exhibit C (the "Amendment "). The Amendment shall not be binding unless and until the Closing shall occur. Seller's failure to cause Commitrust to execute the Amendment shall not be a default by Seller hereunder, but shall be grounds for termination of this Contract by Purchaser and the return of the Earnest Money and interest thereon. If Purchaser elects to terminate this Contract because Commitrust has not executed the Amendment, it shall notify Seller thereof, and Seller shall have ten (10) business days after receipt of said notice, to* attempt to cause Commitrust to execute the Amendment. If Commitrust executes the Amendment within such time period, Purchaser's notice to terminate shall be deemed null and void. Seller shall also furnish Purchaser(s) at closing with an Affidavit of Title in customary form covering the date of closing in the form attached hereto as Exhibit D . Seller shall pay, at its sole expense, the cost of the title insurance policy and deliver the title insurance policy to Purchaser at Closing. 14. DEFECTS IN TITLE COMMITMENT /SURVEY: If the Title Commitment or Survey at any time disclose any defects or unpermitted encumbrances unacceptable to Purchaser ( "Defects'), Purchaser shall have twenty (20) days after Purchaser's receipt of the last to be received of the Title Commitment or Survey to notify Seller of any Defects, and then Seller shall have fifteen (15) days after notice thereof from Purchaser but in no event later than forty-five (45) days prior to the Closing Date to cure or remove the Defects. If Seller, after using all reasonable efforts, is unable to cure all Defects within the foregoing period, Seller shall promptly so advise Purchaser in a written notice given within fifteen (15) days after receipt of Purchaser's notice; and Purchaser shall have the right by delivery of written notice of such election to Seller within five (5) days after the receipt by Purchaser of Seller's notice as aforesaid: (i) to terminate this Contract, in which event, notwithstanding anything to the contrary contained in this Contract, all of the Earnest Money shall be returned to Purchaser; or (ii) to proceed pursuant to this Contract and take title to the Property subject to such exceptions. In no event shall a lien or encumbrance of an ascertainable amount caused by Seller be deemed a Permitted Exception and same shall be discharged by Seller at Closing. In the event that Purchaser elects to proceed despite the existence of Defects, if Seller has not notified Purchaser that it is unable to cure such Defect, the Closing shall be delayed to such date subsequent to the expiration of such five -day period, not to exceed thirty (30) days, as may be reasonably required for Seiler to cause the removal of the Defects with appropriate title insurance protections or otherwise, at Seller's cost, in each case in a manner reasonably acceptable to Purchaser. 15. REAL ESTATE TAX PRORATIONS: The amount of current general real estate taxes not ascertainable shall be prorated as of the Closing Date on the basis of 110% of the most recent ascertainable taxes for the Property. If no tax bill has been issued, then such proration shall be based on the most recent available information (such as tax rate, assessed valuation, etc.) from the applicable assessor's office. All prorations shall be final. 16. ESCROW CLOSING: The sale shall be closed through an Escrow with Escrowee, in accordance with the general provisions of a deed and money escrow agreement consistent with the terms of this Contract. Upon creation of such an Escrow, anything in this Contract between the parties to the contrary notwithstanding, payment of the Purchase Price and delivery of the Mt. Prospect Deed and Culver's Parking Deed shall be made through the Escrow. The cost of the Escrow shall be paid for by Purchaser, except that Seller shall pay all costs of recording documents to satisfy or release any defects to title to the Property, and Purchaser shall pay all other recording fees. Notwithstanding the foregoing, if the transaction fails to close by reason of any default by any party hereto, all costs specified relating to the escrow and the termination of this Contract shall be borne by the party at fault. Any conflict between the terms of said escrow and the terms of this Contract shall be controlled by the terms of this Contract. 17. RIGHT OF ACCESS TO PROPERTY: Following Seller's acceptance of this Contract and upon reasonable notice to Seller, Purchaser shall have continuing access to and the right to enter onto the Mt. Prospect Property for any reasonable purpose. Following Seller's acceptance of this Contract and upon reasonable notice to Seller, Seller shall also contract with Commitrust to provide continuing access to and the right to enter onto the Culver's Parking Parcel for any reasonable purpose. 18. PERFORMANCE: Time is of the essence of this Contract. Should Purchaser fail to perform its obligations under this Contract, then at the option of Seller and upon written notice to Purchaser, this Contract shall terminate and the Earnest Money shall be forfeited by Purchaser, and Purchaser shall pay to Seller an amount equal to its actual out -of- pocket costs in connection with this transaction including attorney's fees, which costs shall not exceed Twenty Thousand Dollars ($20,000.00), as liquidated damages to Seller and as Seller's sole remedy. Should Seller fail to perform its obligations under this Contract, then at the option of Purchaser and upon written notice to Seller, Purchaser shall have the right to elect either: (i) the remedy of specific performance (plus the right to recover reasonable attorneys' fees and costs); or (ii) to terminate this Contract and receive the Earnest Money and interest thereon, together with its actual out-of- pocket costs, including attorneys' fees, which costs shall not exceed Twenty Thousand Dollars ($20,000.00). All reasonable attorneys' fees and costs incurred by the prevailing party in enforcing the terms and provisions of this Contract shall be paid by the other party. After receipt of written notice of failure to perform, each non - performing party shall have ten (10) business days to cure such failure. 19. NOTICES: All notices required to be given under this Contract shall be construed to mean notice in writing signed by or on behalf of the party giving same, and served upon the other party or their attorney personally, via overnight delivery, via verified facsimile (provided a copy of the faxed transmission is sent via first class mail to its recipient), or deposited properly addressed to such parry at the address herein set forth in the U.S. mail postage paid, certified or registered mail, return receipt requested. 20. TRANSFER TAX STAMPS: For the Mt. Prospect Property, Seller shall pay the State of Illinois and Cook County real estate transfer taxes and Purchaser shall pay the Village of Mount Prospect real estate transfer taxes. For the Culver's Parking Parcel, Seller shall cause Commitrust to pay the State of Illinois and Cook County real estate transfer taxes and Seller shall pay the Village of Mount Prospect real estate transfer taxes. 21. BROKER Seller represents to Purchaser that Seller has not dealt with any broker or finder in connection with the sale of the Property set forth in this Contract, other than Terraco, Inc. Seller agrees to pay Terraco, Inc. any commission owed at Closing attributable to Terraco, Inc., and agrees to indemnify and hold Purchaser harmless from any claims for non - payment of Terraco's broker's fee or commission attributable to Terraco, Inc. Purchaser represents to Seller that Purchaser has not dealt with any broker or finder in connection with the sale of the Property set forth in this Contract, other than Jameson Commercial Real Estate. Seller agrees to pay Jameson Commercial Real Estate any commission owed at Closing attributable to Jameson Commercial Real estate, and agrees to indemnify and hold Purchaser harmless from any claims for non - payment of Jameson Commercial Real Estate's broker's fee or commission attributable to Jameson Commercial Real Estate. 22. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the laws of the State of Illinois. 23. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: Each representation and warranty made by Purchaser or Seller in this Contract shall be true as of the Closing Date, if and as extended, and shall survive closing for one (1) year and not merge with the Deed. 24. SELLER'S OBLIGATIONS. Seller shall, on or before Closing, pay and discharge any and all liabilities of each and every kind arising out of or by virtue of the conduct of its business on the Property to and including the Closing Date, that would bind Purchaser. 25. BINDING AGREEMENT. This Contract shall be binding upon the /successors, assigns and heirs of the parties hereto. 26. 'SAS IS". Purchaser acknowledges and agrees that except as expressly set forth herein, Seller has not made and does not make any warranties and representations concerning the Property. Purchaser acknowledges and agrees that it will take possession thereof "as is" "where is" "with all faults ". THIS DOCUMENT WILL BECOME A LEGALLY BINDING CONTRACT WHEN SIGNED BY ALL PARTIES AND DELIVERED TO SAME [signature page follows] 10 [Signature Page to Real Estate Sale Contract] SELLER: Mt. Prospect Partners, L.L.C., an Illinois limited liability company By Name: Title: 4� d � Date: L A / I L A / PURCHASER: Daveri Development Group, LLC By: Pusateri Ventures, LLC, an Illinois limited liability company, a Member By Larry Pu atsri, Sole Member By UP L an. Illinois limited liability cam By: len J. Davis. Sole Member 1 Date: q , l EXHIBIT A LEGAL DESCRIPTION MT. PROSPECT PROPERTY LOT 2 IN PLAZA UNITED RESUBDIMSION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, EXCEPTING THEREFROM ALL THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 250.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 39.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 34.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 38.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 27.00 FEET, THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 45.80 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 61.73 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 93.50 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 30.00 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 75.00 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 69.00 FEET, THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 40.50 FEET TO THE NORTH LINE OF AFORESAID LOT 2; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 309.50 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CULVER'S PARKING PARCEL [to be provided] 12 EXHIBIT B STRICT JOINT ORDER ESCROW FORM (see attached) 13 I „ GUARANTY NATIONAL TITLE COMPANY STRICT JOINT ORDER ESCROW TRUST MELE# PARTY 1 Do�+frx'i 1G{ ., tt" Gvr-ta, LLL CLOSING DAM. PARTY 2: - AA +. 14 ee $, �,, L,G, o :t• The accompanying ti is (am) hereby deposited with G National Title Company C) i4 EscrowTzustee to bs delivarcd by It only upon the joint order of the undersigned or their respective legal representatives and asslgtts. Except as set forth above, CFTC as Escrow Trustee Is hereby expressly authorized to disregard in Its solo discretion any and all notices or warnings given by any of the parties hereto, or by arty other person or corporation, but the sold Escrow 7hme is hereby expressly authorized to regard and to comply with and obey any and all orders, judgments or decrees entered or issued by any court with or wltboutjorisdiction, and in cm the said Escrow Ttastee obeys or compiles with any such order, judgment or decree of any court it shall not be liable to any of the parties b=to or any other person, firm or corporation by reason of such compliance, notwithstanding any such order, judgmant ordocrea tbat may be entered without jurisdiction or that may be subsequently reversed, modified, annulled. set aside or vacated. In case of any suit or proceeding regarding thts EscrowTmt, to which said )Sscrow Trustee Is or may at any time be a party it shall have alien on the contents heuroffor any and all costs, attorneys' and solicitors' fees, whether such attorneys or solicitors shall be regularly retained or specially employed and other expestsos which It may have Incurred or become liable for on account thereof, and it shall be entitled to reimburse itself therefore out of said depostt, and the undersigned jointly and severalty agree to pay to said Escrow Trustee upon demand all such cos% fees and expenses so incurred. In the event this strietjobst order Is notreleased prior to . GNTC aball have the right to return the fonds to due Depositor. In no case shall the above mentioned deposits be surrendered except on an ordersigned by the party or patties hereto, as set forth above, thoirraspective legal representatives or assigns, or in obedience to the process or order of a court as aforesaid. 3NTC sb4U be under no duty to invest or reim t.any cash at any time hold by it hereunder. GNTC shall have the full right, power and authority to commingle any and all cash at any dm constituting said deposit or part tbqwf with Its.other escrow funds and all incom ad from any use which GNTC may made of a i deposits hezBnader, shall beloss tdlltC Escrow Thk t Fee Is to Is ob and 'io.- This instrument prepared by and please return to: Randy S. Gussis, Esq. c/o Shiner Management Group, Inc. 3201 Old Glenview Road, Suite 301 Wilmette, IL 60091 FIRST AMENDMENT TO DECLARATION OF EASEMENTS AND RESTRICTIVE COVENANTS This First Amendment is made as ofthe day of AM 1. 2011, by Mt. Prospect Partners, LLC, an Illinois limited liability company ("Declarant ") and consented to by Commitrust Real Estate, LLC ("Culvers "). WHEREAS, Declarant originally recorded a Declaration of Easements and Restrictive Covenants, dated April 9, 2004, and recorded as Document #0413203038 (the "Original Declaration') against the property legally described in Exhibit A, attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property was originally intended to be developed as three (3) unsubdivided Lots as contemplated by the Original Declaration, but now contemplates the development of two (2) unsubdivided Lots; and WHEREAS, the Original Declaration prohibits certain uses for which the Property may be used; and WHEREAS, Declarant wishes to amend the Original Declaration to, among other things, change the Site Plan and revise the uses that are prohibited therein; and WHEREAS, in 2004, Declarant conveyed a portion of the Property to Culvers, legally described on Exhibit B (the " Culvers Property "), attached hereto and made a part hereof, and Declarant, owns the balance of the Property; and WHEREAS, as the Owner of the Culvers Property, Culvers has agreed to the amendments to the Declaration set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby makes the following changes to the Original Declaration: 1. The Site Plan attached to the Original Declaration is hereby deemed deleted, and the Site Plan attached hereto as Exhibit A -1 shall from and after the date hereof be deemed to be the Site Plan for purposes of the Original Declaration, as amended hereby (the "Amended Declaration"). The development of the Shopping Center no longer contemplates three unsubdivided Lots, but rather will be developed as two (2) unsubdivided Lots, consisting of the reconfigured Culvers Lot and the balance of the Property, as shown on the Site PIan. The Lots are not subdivided lots, but the term "Lots" is used for convenience only. 2. (i) Notwithstanding Section 33 of the Original Declaration, Culver's shall have the exclusive right to use the Shopping Center Pylon Sign for a period commencing on the date of execution hereof and terminating ten (10) years after the date of the closing of the sale of a portion of the Culvers. Property to Daveri Development Group, LLC or its assignee (the "Initial Sign Period "). Declarant agrees that it will install, at its expense, necessary utility tines to which the Shopping Center Pylon Sign will be connected and shall cause said sign to be separately metered to Culver's building (the "Electrical Work''. Culver's shall, at its expense, except for the Electrical Work, cause said Sign to be constructed in a good and workmanlike manner in accordance with applicable law and shall' thereafter cause said Sign to be maintained in good working order and repair and shall pay all utility costs in connection therewith. Declarant shall have no obligation with respect to the Shopping Center Pylon Sign during the Initial Sign Period, except for the Electrical Work. Alter expiration of the Initial Sign Period, if Declarant is not leasing any space in the Property to the proposed tenant, currently identified as the Community Medical Clinic or its successor in interest ( "Proposed Tenant') , Declarant shall have the right to use one half (1/2) of the Shopping Center Pylon Sign for a period to be determined by Declarant and Culvers in good faith, and shall thereafter pay for the installation and maintenance of its sign panel and for one half (1 /2) of the cost of the maintenance and repair ofthe Shopping Center Pylon Sign. If, after expiration of the Initial Sign Period, Declarant is then leasing any space to the Proposed Tenant , then Culvers shall be entitled to the continued exclusive use of the Shopping Center Pylon Sian for consecutive five (5) year terms (each a "Renewal Term ") until thirty (30) days after Declarant gives written notice to Culvers that the Proposed Tenant is no longer occupying space on the Property, at which time, the then current Renewal Term shall terminate and Declarant shalt have the right to use one half (1/2) of the Shopping Center Pylon Sign. If however, Culvers chooses not to use all or any portion of the Shopping Center Pylon Sign, Culvers shall, at its expense, remove its signage and restore the Shopping Center Pylon Sign to its original condition, ordinary wear and tear excepted, within thirty (30) days. of notifying Declarant of such intent. (v) With respect to the Easement Pylon Sign, it is currently being used by Culvers. From and after the date hereof, Culvers shall have the right to use only two thirds (2/3) of the available space on Easement Pylon Sign and Declarant shall have the right to use one third (113) thereof Declarant shall pay all costs associated with the changes to the Easement Pylon Sign in order to make the .Easement Pylon Sign amenable for use by both Culvers and .Declarant, including the Carr cost of fabrication of Culvers sign panels to Culvers' specifications (the "Easement Sign Expenses "). If at any time thereafter, Culvers desires to make changes to the Easement Pylon Sign, it shall be obligated to pay the Easement Sign expenses in connection therewith. Anything in Section 3.4 of the Original Declaration to the contrary, Culvers shall continue to perform and pay for the maintenance and repair of the Easement Pylon Sign, subject to Declarant's obligation to pay for one third (1/3) of the cost thereof. (iii) With respect to the Lot C Pylon Sign, Declarant shall have the right to use one third (113) of the available space thereon, and Culvers shall have the right to use two thirds (2/3) of the available space thereon. Declarant shall pay all costs associated with the changes to the Lot C Pylon Sign in order to make the Lot C Pylon Sign amenable for use by both Culvers and Declarant, including the cost of fabrication of Culvers sign panels to Culvers' specifications (the "Easement Sign Expenses"). If at any time thereafter, Culvers desires to make changes to the Easement Pylon Sign, it shall be obligated to pay the Lot C Sign expenses in connection therewith. Any costs associated with Declarant's sign panel shall be paid by Declarant, including the maintenance thereof;, and Declarant shall pay one third (1/3) of the cost of maintenance and repair of the Lot C Pylon Sign. With respect to any payment obligation with respect to any Sign, Declarant shall pay its share thereof to Culver's within thirty (30) days after receipt of an invoice therefor. 3. The first two sentences of Section 3.4 of the Original Declaration are hereby deleted in their entirety, and the following substituted therefor: "Each Owner shall maintain the Common Areas on its Lot, at its expense." 4. For purposes of Section 3.4 of the Original Declaration, "Common Areas" shall be deemed to include on -site detention. 5. References in Section 3.4 of the Original Declaration to the obligation of the Property Manager to maintain the Easement Pylon Sign shall be deemed deleted, as the Culvers maintains same, and any other reference to the Property Manager shall be deemed deleted. 6. The second and third full paragraphs of Section 3.4 of the Original Declaration are hereby deemed deleted. 7. Section 3.5 of the Original Declaration is hereby deemed deleted. 8. Section 3.6 of the Original Declaration is hereby deemed deleted. 9. Section 3.7 of the Original Declaration is hereby deemed deleted in its entirety and replaced with the following language: Declarant and Culvers acknowledge that there is currently an on -site detention facility that services both the Property and the Culvers Property. Any costs associated with the modification or reconstruction of the currently existing on -site detention facility shall be paid solely by -QM Declarant. To properly allocate the future casts associated with maintaining and repairing such detention facility, the parties hereby agree to allocate a portion of the detention Facility to Declarant and a portion of the detention facility to Culvers, in accordance with applicable percentages set forth in engineering plans to be prepared by Haeger Engineering. Once these applicable percentages are established, alien the part of the detention facility corresponding to that applicable percentage shall be deemed to be "on -site detention" for Declarant and CuIvers. respectively. 10. Notwithstanding Section 41 of the Original Declaration, the use of the Property for residential purposes shall be a permitted use, and the prohibition against using the Property for "sleeping quarters or lodging" shall be deemed deleted. 11 Except as otherwise set forth herein, all capitalized terms used herein shall have the same meanings as ascribed to them in the Original Declaration. 12. Except as amended hereby, the Original Declaration shall remain in full force and effect. IN WITLESS WHEREOT'_. Declarant has executed this Amendment as of the date first above written. Mt. Pros ct Partners, C { Consented to by Culvers: Commitrust Real Estate- LLC Consented to by Commitrust's mortgagee $y: Name: Its: EXHIBIT D AFFIDAVIT OF TITLE STATE OF ILLINOIS) ) SS COUNTY OF COOK ) The undersigned affiant, being first duly sworn on oath say and also covenant with and warrant to That affiant has an interest in the premises described below or in the proceeds thereof: SEE EXHIBIT A ATTACHED HERETO That no labor or material has been fumished for the premises by the undersigned within the last four months that is not fully paid for. That since the title date of , in the report on title issued by Guarantee National Title Insurance Company, affiant has not done or suffered to be done anything that could in any way affect the title to premises, and no proceedings have been filed by or against afftant, nor has any judgment or decree been rendered against affiant, nor is there any judgment note or other instrument that can result in a judgment or decree against affiant within five (S) days from the date hereof. That there are no parties in possession of the premises. That all water bills and real estate taxes assessed against the property that are due and payable have been paid. Afftant further states: naught. AFFIANT: Mt. Prospect Partners, LLC By: Name: Title: 15 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK } 1, . a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that the manager of , an Illinois limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed, sealed and delivered the said instrument, on behalf of said limited liability company and is his free and voluntary act, for the uses and purposes therein set forth. GIVEN, under my hand and seal this day of 2011. Notary Public Commission Expires: 16 EXHIBIT A TO AFFIDAVIT OF TITLE Legal Description LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, EXCEPTING THEREFROM ALL THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 250.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 39.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 34.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 38.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 27.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 45.80 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 61.73 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 93.50 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 30.00 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 75.00 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 69.00 FEET THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 40.50 FEET TO THE NORTH LINE OF AFORESAID LOT 2; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 309.50 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CULVER'S PARKING PARCEL [to be provided] CHICAGO-# 1 07703-YI 0-1 602 S Busse Real Estate Sale Contract 17 GUARANTY NATIONAL TITLE COMPANY STRICT JOINT ORDER ESCROW TRUST GNT FM #P PARTY 1: po,,ru�i elcGoprvw rai,•ra,ya, I.LL CLOSI GDATE: PARTY2: A t'. F3'ts�neef brfrt¢rs, �., L.C. CLOSER: The aceompanyhrg is (era) hereby deposited vrltb Gqonty National Me Company WftQ as Escrow Trustee to be delivered by it only upon the joint orderof the undersigned or tbeirrespecdve legal representatives ad assigns. Except as set forth above, MM as Eserm Trustee is hereby expmdy authorized to disregard in its solo discrcdon any and all notices orwatnings given by any of the parties hereto, or by any other person or corporation, but the said Escrow Tram is hereby expressly authorized to regard and to comply with and obey any and all order, judgmants or devises ontored or issued byany court with or without jorlsdictlon, and in vase the said Escrow Trustee obeys or eomptios with say such order, judgment or device of any court it shall not be liable to any ofthe parties hereto or any otberperson, Sm or corporation by reason of such compliance, notwithstanding any such order, judgment ordease that may be entered without jatisdiction or that may be subsequently raversed, modified. annulled. set aside or vacated. in sass of any salt or proceedingregerding this Esceow7hmL to which raid )Bacmow Trustx is or may at aqy lima ba a party it shall have a Hen on the contents henedfora ny and all costs, attorneys' and solioltore fees, whether such attorneys or solicitors shalt be regularly retained or spedaUy employed and other expensea which It may have luoured or become liable for on account thereof; and it shall be entitled to reimburse itself therefore out ofsaid depos% ad the undersigned jointly and sever+ agree to pay to said Escrow Z %Mft upon demand all such costs, fees and oxpcnsca so incurred. In the event this strictjoint order Is not ralessed prior to - MC shall. have the right to return the funds to the Depositor. In no case shall the above mentioned deposits be surrendered except on an ordersigned by the party or parties berate, as set forth above, theirrespwdva legal representatives or assigns, Orin obedionca to the process or order of a court as aforessid. MTCsbaR boundano duty to invest orrafavestany cub at anytime hold byltbereunder. 01=3hall have the hill right, power and authority to commingle any and all verb at any time eenstitaf'mg said deposit or part thcof with Its othereserow funds and all income rhy derived tlom any use which t3= may made of aid deposits hereunder, shall belonglC REAL ESTATE SALE CONTRACT 1. Mt. Prospect Partners, L.L.C. ( "Purchaser "),_ or its nominee; agrees to purchase at a price of Three Hundred Twenty Thousand Dollars ($320,000.00) (the "Purchase Price "), on the terms set forth herein, the following described real estate in Cook County, Illinois: LEGAL DESCRIPTION TO BE ADDED BY PURCHASER'S ATTORNEY PRIOR TO CLOSING. commonly described or known as approximately 0.2 acres of real property on Dempster Street near Busse Road, in Mount Prospect Illinois, as depicted in the Conceptual Land Area Exhibit attached hereto and made a part hereof as Exhibit I (the `'Property "). Final dimensions to be shown by survey. The Property is unimproved land. 2. Commitrust Real Estate LLC or Owner of Record (the "Seller ") agrees to sell the real estate and the property described above, if any, at the price and terms set forth herein, and to convey or cause to be conveyed to Purchaser, or Purchaser's nominee, title thereto by a recordable Special Warranty Deed, with release of homestead rights, if, any subject only to: (a). covenants, conditions and restrictions of record acceptable to Purchaser; (b) private, . public and utility easements and roads and highways, if any, acceptable to Purchaser; (c) special taxes or assessments for improvements heretofore completed, (e) mortgage or trust deed specified below, ifany, and (f) general taxes not yet due and payable. Within five (5) days of the last of Purchaser's and Seller's execution of this Agreement (the "Effective Date "), Purchaser will deposit in escrow, as earnest money, the sum of Ten Thousand Dollars ($10 (the "Earnest Money "). Purchaser agrees to pay or to satisfy the. balance of the Purchase Price, plus or minus proration, at the time of closing. The Earnest Money shall be held by Guaranty National Title ;Insurance Company ( "Escrowed "), or such title company designated by Purchaser; in an interest bearing. Strict Joint Order Escrow Account, with all interest earned thereon payable to Purchaser. purchaser and Seller .shall share the cost of said escrow equally. The balance of the Purchase Price will be paid to Seller at Closing in U.S. funds in the form of a certified or cashier`s check or wire transfer in the amount of the. balance owed plus or minus proration. Seller acknowledges and agrees that Purchaser has delivered to it the sum of Ten Thousand Dollars ($10,000), as a good faith. deposit (the "Good Faith Deposit "), which shall be non - refundable, but applicable to the Purchase Price. 4. The Purchase Price shall be allocated as follows: $15 per square foot of real property and the remainder as consideration for Seller to execute the amendment to the Declaration of Easements and Restrictive Covenants recorded against the Property in the same form as attached hereto and made a part hereof as Exhibit 1I. 5. Within thirty (30) days of the Effective Date, Purchaser will provide Seller a cu�rrenpiat of survey (Survey) of the Real Estate, dated after the Effective Date, prepared bya l�cerised' Illinois surveyor, certified to Purchaser, Seller, Purchaser's lender and Title Insurer' bX..such -. surveyor as being prepared under the land survey standards of the American " ,Tide Association (A.LTA) and as being true and correct. 6. The time of the closing shall occur concurrently with the closing of the sale of Purchaser's adjacent property (the "Daveri Property "), unless the parties mutually agree otherwise, at the ( Shiner \71681CTR\A0203233.DOCX}.Il�ShiTiC office of Guaranty National Title Insurance Company or such other title company designated by Purchaser. In no event shall the closing occur later than June 30, 2012. 7. Seller represents and warrants to Purchaser that neither Seller; its beneficiaries, agents of Seller nor agents of its beneficiaries, have received any notice from any source whatsoever, of violation(s) of environmental, zoning, building, fire or health code violations with respect to the property which have not been fully corrected to the written satisfaction of the issuing authority. 8. Purchaser's obligations hereunder are subject to the closing of Purchaser's sale of the adjacent property located at the southeast corner of Dempster Street and Busse Road in Mount Prospect, Illinois (the " Davari Sale "). In the event Purchaser gives written notification to the Seller that said Davari Sale has been cancelled,. Purchaser shall not be deemed to be in default hereunder and the parties shall be relieved of any further obligation and responsibility under this agreement and the Earnest Money and accrued interest thereon shall be returned to the Purchaser, and the Good Faith Deposit shall be retained by Seller as its sole remedy. 9. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent, not more than. five (5) days after the Effective Date, the following information in writing regarding the Property and other items to be conveyed under the terms hereof (or if any portion of such information does not exist, a statement that such. information does not exist): (A) Copies of and a list of any leases, service, maintenance, management or other contracts relating to the ownership or operation of the Property; (B) Copies of and a list of Seller's interest in any warranties, guarantees, permits and licenses relating the above and the Property and Seller's interest in any trade names used in connection with the Property (not including Seller's name); (C) The most current Phase I Environmental Survey in Seller's possession or control performed by a State of Illinois licensed environmental engineer in accordance with federal and state EPA guidelines; and (D) The most current title commitment or policy and survey in Seller's possession pertaining to the Property. In the event that, after Seller has furnished the above information or a statement that such information does not exist, Seller shall come to possess any newer or new information, Seller shall furnish copies of such newer or new information to Purchaser no later than 1.5 days after receipt thereof; provided, however, that notwithstanding anything herein to the contrary, such newer or new information shall be furnished to Purchaser no later than two days prior to the Closing Date. 10. Seller hereby grants Purchaser, its agents, contractors, successors and assigns (``Purchaser's Permittees), the right to enter onto the Property during a period commencing on the date of the Devari contract with Purchaser and continuing for sixty five (65) days thereafter (the "Due Diligence Period "), to conduct, by itself, or through Purchaser's Permittees, such physical inspections and studies (including surveys, environmental audits and soil tests) and such other reviews and studies as said person or entity in its reasonable discretion shall deem necessary or advisable, at Purchaser's expense, to determine the feasibility, including economic feasibility, in Purchaser's sole discretion, of purchasing the Property. In the event that Purchaser shall find the purchase of the Property not feasible for any reason, then it shall iSh ner17168\CTRIA ©2fl3233.DOCX }iS lair' %t1; ;C'l notify Seller thereof, and the Contract shall be deemed terminated, the Good Faith Deposit shall be retained by Seller, the Earnest Money shall be returned to Purchaser and the parties shall have no further obligation to one another, except as otherwise set forth herein. If Purchaser shall not so terminate this Contract, it shall have the continuing right, after having given reasonable notice to Seller, together with Purchaser's Permittees, to enter onto the Property for any reasonable purpose, so long as it does not interfere with the operation of Culver's business. H. Purchaser and Purchaser's Permittees do hereby release and forever discharge Seller, Seller's employees and agents, heirs, administrators and executors from any and all. claims, demands and causes of action of any kind or nature which may arise as a result of Purchaser's or Purchaser's Permittees' activities related to Purchaser's or its Permittees' inspections, investigations and testings with respect to the Property. Purchaser and Purchaser's Permittees shall hold Seiler harmless and defend Seller against any and all claims, proceedings or causes of action resulting from any action or inaction of Purchaser or Purchaser's Permittees, its agents or employees, with respect to the Property. Purchaser or Purchaser's Permittees or its contractors shall cause its contractors to carry Worker's Compensation Insurance in accordance with statutory requirements, Automobile Liability Insurance and Commercial General. Liability Insurance, naming Seller as an additional insured, covering such contractors on or about the premises with policy limits not less than two million dollars ($2,000,000.00) in the event of personal injury to any number of persons or damage to Property, arising out of any one occurrence and to submit such certificates evidencing such coverage to Seller prior to the commencement of such work. This covenant shall survive termination of this agreement. 12. Purchases, at Purchaser's expense, shall deliver or cause to be delivered to Purchaser or Purchaser's agent, no more than thirty (30) days after the date hereof, a current title commitment ( "Title. Commitment ") for an American Land Title Association 1992 owner's title insurance policy with full extended coverage issued by Guaranty National Title Insurance Company, or such title company designated by Purchaser, ( "Title Insurer ") in the amount of the Purchase Price providing for a Zoning 3.0 Endorsement covering title to the Property on or after the Effective. Date, showing title in the Seller subject only to (a) title exceptions which Purchaser:agrees to take title subject to ( "Permitted. Title Exceptions "); and (b) title exceptions pertaining to liens or encumbrances of a definite ascertainable amount which may be removed by the payment of money on the Closing Date (as hereafter defined) and which the Seller shall so remove at that time by using the funds to be paid upon the delivery of the deed. The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters insured by the policy, subject only to the exceptions as therein stated and to the Permitted Title Exceptions. 13. If the title commitment discloses unpermitted exceptions, Seller shall have thirty (30) days from the date of written notice from Purchaser specifying the unpermitted exceptions to have the exceptions removed from the commitment or to correct such defects or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions, and in such event, the time of the closing shall be thirty (30) days after delivery of the commitment or the time specified in paragraph 5, whichever is later. If the Seiler fails to have the exceptions removed, or, in the alternative, to obtain the commitment for title insurance specified above as to such exceptions within the specified time, Purchaser may $Shiner171681CTWA0203233.DOCX) Shine' 7? 6 89_f;_TrR!A . f ,^(} 32331.,QQQ) terminate this contract and this agreement will become null and void and the Earnest Money paid by .Purchaser to Seller shall be returned to Purchaser and the Good Faith Deposit shall be retained by Seller. 14. All ad valorem taxes, assessments and other state, county, school, municipal and municipal utility district fees, taxes, charges and assessments (special or otherwise) if any, for the calendar year during which the Closing occurs shall be prorated as of the Closing Date and, unless then due and paid at Closing, shall be assumed by Purchaser. If actual ad valorem tax figures for the year of Closing are not available on the Closing. Date, proration of taxes shall be made using 110% of the most recent ascertainable tax bill, which proration shall be final. The proration shall be based upon the land portion of the applicable tax bill and shall be a fraction thereof, the numerator of which is the square footage of the Property, and the denominator thereof shall be the square footage of all of the land covered by said tax bill. 15. Seller shall pay the amount of any stamp tax imposed by State law on the transfer of title; and shall, furnish a completed Property "Transfer Declaration signed by the Seller or the Seller's agent in the form required pursuant to the Property Transfer Declaration of the State of Illinois and shall furnish any declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or transaction tax; such tax required by local ordinance shall be paid by the party upon whom such ordinance places responsibility therefor. 16. If the Purchaser defaults, the Earnest Money shall be forfeited and paid to Seller as Seller's sole remedy for such default at law or equity, except as set forth below. If Seller defaults, the Earnest Money,, at the.option of Purchaser shall be refunded to Purchaser but such refunding shall not release Seller from its obligations under this agreement. If either party fails to perform any of its obligations hereunder, the other party may notify the non - performing party thereof, and the. non - performing party shall have ten. (:10) business days to cure said failure to perform. If either party retains an attorney to represent it w ith respect to th enforcement of this agreement, then in any lawsuit brought in connection therewith, the _prevailing party shall be entitled to recover costs and attorneys' fees from the non - prevailing party. 17. This sale shall be closed through an escrow at Guaranty National Title Insurance Company, or such title company designated by Purchaser, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement then in use by Guaranty National Title Insurance Company, with such special provisions inserted in the escrow agreement as may be required to conform with this agreement. Upon the creation of such escrow, anything herein to the contrary notwithstanding, payment of the purchase price and delivery of the deed shall be made through the escrow and this contract shall be deposited in the escrow. In the event of any conflict between the terms of said escrow agreement and the terms hereof, the terms hereof shall prevail. The Purchaser shall pay the cost of the escrow. 18. Time is of the essence in this agreement. 19. All notices required herein shall be in writing and shall be served on the parties at the addresses following their signatures. The faxing of a notice to a party's respective attorney shall be sufficient. 20. The parties warrant and represent to each other that neither has dealt. with any real estate broker or agent with regard to this transaction. {Shiner\716$\CTR1A0203233.DOCX },,Shiner =7168 CyTi2;'_�020 %3_ )Q X 21. SELLER'S REPRESENTATIONS Seller hereby represents, covenants and warrants to Purchaser as follows, each of which, if applicable, is true and correct as of the Effective Date, and shall be true and correct at Closing and shall survive the Closing and shall not merge into the deed: (A) Seller is the record owner of the Property, has the full power, right and authority to grant the rights provided under this Agreement, to assign and convey the Property and to consummate this transaction, all as herein provided and the Property is not leased under terms in which the lease is not cancelable by the lessor upon one month's notice to the tenant; (B) Except as is listed below, Seller and agents of Seller have received no threat or notice of the commencement of any legal action against Seller for the damaging, taking or acquiring of, or in connection with all or any part of, the Property and there is no pending or threatening eminent domain, condemnation or other governmental taking of the Property or any part thereof. If, prior to the Closing Date, all or any portion of the Property is condemned or taken by eminent domain, or Seller becomes aware of or receives a notice of a proposed condemnation, Seller shall, within ten (10) days following any of the above events, give Purchaser notice thereof in writing. If a condemnation or taking in fact occurs and such condemnation or taking is substantial (as hereinafter provided), then notwithstanding anything to the contrary herein, Purchaser shall have the option, exercisable by notice to Seller given within ten (1.0) days following 'Seller's notice to Purchaser of such condemnation or taking, to terminate this Agreement, whereupon this Agreement shall be terminated, the Earnest Money shall forthwith be returned to Purchaser and thereafter neither party shall have any further rights or obligations hereunder. I.f (a) Purchaser does not elect to terminate this Agreement in the event of a substantial condemnation or taking, or (b) such condemnation or taking is .not. substantial, Seller shall convey the Property on the Closing Date to Purchaser in its then condition, upon and subject to all of the other terms and conditions of this Agreement, and assign to Purchaser all of Seller's right, title and interest in and to any claims Seller may have to the condemnation awards and /or any causes of action. with respect to such condemnation or taking of the Property and pay to Purchaser all payments theretofore made to Seller by such condemning authorities. A condemnation or taking shall be deemed substantial if it results in the inability of Purchaser to construct Purchaser's development as contemplated by this Agreement: NONE (C) Seller or agents of Seller have no knowledge or have received no notices from any governmental authority of zoning, building, licensing, permit, fire, or health code violations in respect to the Property or which to a material extent could adversely affect the financial condition or continued operation of Seller, nor are any licenses or permits existing or required to be obtained from any governmental authority affecting the 'Property except. as follows: NONE (D) There is no pending or threatened litigation, claims, demands or liens with respect to the Property or which to a material extent could adversely affect the financial condition or continued operation of Seller except as follows: (Shiner17168tCTRtt10203233.DOCX) Sl - ,ink r , 16 8.,"( "rR,'A02 i2 „I3—Df)C_,X NONE (E) All water lines, sanitary sewers, storm sewers, electric, gas, telephone or other utilities or services are located on the Property and appropriate utility easements permitting Purchaser to use and service said utilities shall be recorded prior to Closing. Purchaser shall have the right to review and approve said utility easements, said approval not to be unreasonably withheld;. (F) No fact or condition exists which could result in the termination or impairment of access to the Property from adjoining public streets or which could result in discontinuance of presently available or otherwise necessary sewer, water, electric, gas, telephone or other utilities or services; (G) To Seller's knowledge, the Property is not in violation of any Federal, State or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on or under the Property including but not limited to, soil and ground water conditions. To Seller's knowledge, there are no environmental, health or safety hazards on or under the Property, including, but not limited to soil and ground water conditions. Neither Seller has nor, to the best of Seller's knowledge, any other person including, but not limited to, Seller's predecessors in title to the Property ever caused or permitted any hazardous material (as hereinafter defined) to be placed, held, located or disposed of on, under or at the Property or any part thereof or into the atmosphere or any water course, body of water or wetlands of the Property, and none of the Property, has ever been used (whether by Seller, or to the actual knowledge of Seller by any other person) as a treatment, storage or disposal (whether permanent or temporary) site for any hazardous material (except the Seller has knowledge that underground storage tanks were previously located on the Property, but Seller represents that such tanks have been removed in accordance with all requirements of law and all contamination caused thereby has been remediated); For purposes of this Agreement hazardous material means and includes, without limitation, definitions found in 42 U.S.0 9601 et seq. (CERCLA); 42 U.S.C. 6901 et. seq. (S.WDA) as amended or hereafter amended; (i) petroleum including but not limited to crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute); (ii) asbestos in any form or condition, and (iii) any radioactive material, including, but not limited to, any source, special nuclear or by- product .material as defined at 42 U.S.C. et. seq., or (iv) that defined under any other applicable Federal, State, or local law, regulation, ordinance or requirement, all as amended or hereafter amended; (H) Seller and agents of Seller have not been subject to, or received any notice of, any private, administrative or judicial action, or notice of any intended private, administrative, or judicial action, relating to the presence or alleged presence of hazardous materials in, under, upon or emanating from the Property, and does not know and has no reason to know of any basis for any such notice or action, and there are no pending or to the best of Seller's knowledge, threatened actions or proceedings (or notices or potential actions or proceedings) from any governmental agency or any other person or entity regarding any matter relating to health, safety, or protection of the environment, to the best of Seller's knowledge; (1) To Seller's knowledge, there have not been and there are not any past or present events, conditions, circumstances, activities, practices, incidents or actions which could reasonably be expected to interfere with or prevent continued compliance with any Federal, State, or local law, regulation, ordinance or requirement relating to health and safety and protection of the environment or which may give rise to any legal liability, or otherwise form the basis of any claim, action, suit, { Shiner \7I68 \CTR\A0203233.DOCX} Q,,L, �:r:_7 proceeding, hearing or investigation against or involving the Property based on any Federal,. State or local law, regulation, ordinance or requirement relating to health, safety and protection of the environment or violation or alleged violation thereof; (J) The Property is not located in the 100-year flood plain, flood way or wetlands or, in the alternative, Seller will take the necessary steps, including the payment of all fees, prior to closing, to have the wetlands portion of the Property declassified by the appropriate governmental authority; (K) (i) No portion of the Property is "exempt " from real estate taxes (.ii) no special assessments have been levied or assessed against the Property, and (.iii) Seller has received no notice and has no knowledge of any proposed assessment increase, except as follows: NONE (L) Intentionally deleted (M) Intentionally deleted (N) Seller is not insolvent.; (0) The performance by Seller of all the terms and. provisions contained in this Agreement and in any and all other documents delivered to Purchaser shall not constitute an event of default under any other agreements to which Seller is now or hereafter may be a party, nor will any such acts in any way violate any statute, regulation or administrative direction; (P) Unless Purchaser defaults prior to the Closing. Date or unless this Agreement is terminated prior to such date then other than (i) physical changes, except necessary home repairs, to the Property; if any, mentioned in this Agreement which Seller agrees to make under the terms hereof, (ii) physical changes to the Property made by Seller to comply with applicable law; and (iii) ordinary wear and tear, Seller shall between the last date Purchaser makes an inspection and the Closing Date: (1) Operate the Property diligently and in the ordinary course of Seller's business and keep, maintain and repair the Property in its present condition, reasonable wear and tear excepted; (11) Advise Purchaser promptly of any litigation, arbitration, administrative hearing, or legislation before any governmental body or agency of which Seller is notified, concerning or affecting the Property which is instituted after the date hereof; (III) Not further encumber the Property or modify the terms or condition of any existing encumbrances, if any; (IV) Not take, or omit to take any action that would have the effect of violating any of .the representations, warranties, covenants and agreements of Seller contained in this Agreement; (V) Without the prior consent of Purchaser, not enter into any new written or oral service agreement or other agreement with respect to the Property that will not be fully performed by the parties: thereto on or before the Closing Date; (VI) Operate the Property diligently and in the ordinary course of Seller's business; (VII) As of Closing, terminate any lease with respect to the portion thereof that effects the Property; and t.Sh.iner\ 7168\CTR\AO203233.DOCX) Shi ' 7 165 :'C - HU ",A00203233,DOC.X 1 (VIII) Not amend any lease or enter into any new lease concerning the Property without the written consent of Purchaser and shall not amend any service agreement or enter into any new service agreement concerning the Property unless the same is terminable without penalty by the then owner of the Property upon not. more than 30 days' notice, and to terminate all service agreements that effect the Real Estate as of the Closing. (Q) Seller is not aware of any unrecorded liens against the Property which will not be satisfied out of the Purchase Price; (R) All obligations of Seller arising from the ownership and operation of the Property which accrued prior to the Closing Date, including, but not Iimited: to salaries, taxes, leasing commissions, and the like have been paid as they become due or will be paid at or prior to Closing. Except for obligations for which provisions are herein made for proration or other adjustments at Closing, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date; (S) Seller shall maintain in full force and effect (subject to any expiration thereof) until Closing the insurance policies covering the Property. Seller shall renew or replace any policy expiring before Closing with a policy having a term of not more than one year; (T) Seller shall- not withdraw, settle or otherwise compromise any protest or reduction proceeding affecting real estate taxes assessed against the Property for any tax year in which the Closing is to occur or any subsequent tax year without the prior written consent of Purchaser, which. consent shall not be unreasonably withheld; (U) On the Closing Date no tenancies will exist on the Property which are not month -to- month. or cancelable by the lessor upon one month's notice. 20. REPRESENTATIONS, WARRANTIES AND COVENANTS OF PURCHASER Purchaser hereby represents, covenants and warrants to Seller as follows, each of which is true and correct as of the Effective Date, and shall be true and correct at Closing and shall survive the Closing and shall not merge into the deed (A) Purchaser has all requisite power and authority to consummate the transaction contemplated by this Agreement and has by proper proceedings duly authorized the execution and delivery of this Agreement and consummation of the transaction contemplated hereby. (B) This Agreement when executed and delivered by Purchaser will constitute the valid and binding agreement of Purchaser enforceable against Purchaser in. accordance with its terms. 21. FURTHER ASSURANCES From the Effective Date of this Agreement, both Seller and Purchaser covenant to each other that, in addition to the acts and deeds recited herein and contemplated to be performed, executed and delivered by each, each shall perform, execute and deliver or cause to be performed, executed and delivered at, prior to, or after the Closing, any and ail further reasonable acts, deeds, and assurances and execute any documents or other writings as the other or the Title Insurer may reasonably request in order to consummate the transactions contemplated herein or to confirm or perfect any right to be created or transferred herein or pursuant to this transaction, provided that neither party shall be required to incur any material expenses in connection therewith. 22. ADDITIONAL PROVISIONS. 1. Village Approvals: Commitrust Real Estate, LLC agrees to cooperate with Daveri Development Group, LLC ( "Developer ") in its application to the Village of Mt. Prospect for {Shiner171681CTR\A0203233.DOCXI ' S1�„ ir)c ; m7 i f o C i fl!x� (3?t) i �3.I:)()C X Conditional Uses for a Planned Unit Development (PUD) and Dwelling Units above First Floor and Variations (Building Height & Parking) as part of the PU.D. Such cooperation shall include signing Developer's Village Application and sending a letter of support (a copy of which is attached hereto) of the Development to the Village of Mt. Prospect. Commitrust Real Estate, LLC and Mr. Martin further agrees not to speak adversely at any Village Meetings or adversely discuss the Development with anyone, and will use reasonable care to ensure that no one else on behalf of Commitrust Real Estate, LLC or Commitrust, LLC attends such meetings or adversely discusses the Development. 2. Si nag . There are three signs pertaining to the Development site and the Culvers Site, specifically, there is the sign located on Algonquin Road (the "Easement Pylon Sign "), which is located on property that is south of the .Development site and the Culver Site, which is provided by easement and depicted on the site plan, attached here to as Exhibit 1. the sign located at the corner of Dempster Road and Busse Street on the Development site (the "Shopping Center Pylon Sign "), also .depicted on Exhibit I ' and the sign located on Dempster Road on the Culvers Site (the "Lot C Pylon Sign "), also depicted on Exhibit 1 . A Purchaser agrees: to provide Culvers with the rights to 2/3 of the signage on the .Easement Pylon Sign. B. Purchaser agrees to provide Culvers with rights to all of the signage on the Lot C Pylon Sign for a term of ten (10) years, at the Closing C. Seller agrees to provide Purchaser with rights to 1/3 of the Shopping Center Pylon Sign at the Closing. The above signage terms are more fully set forth in. the First Amendment to Declaration of Easements and Restrictive Covenants executed by the parties on or about April 14, 2011 and incorporated herein (the " Signage Rights "). 3, REA /Site Plan: Seller and Purchaser have executed an amendment to the Declaration to approve the new Development (including, but not limited to, acknowledging the Development as a permitted use under Section. 4.1 of the Declaration) and to substitute the Development's site plan instead for the current site plan, and to address the Signage Rights (the "Amendment "). Seller will use its best efforts to cause its lender to execute and deliver the Amendment within thirty (30) days from the date hereof The parties further acknowledge and agree that although. the Amendment has been executed, it will not be recorded or become binding unless and until the Closing occurs. [SIGNATURES APPEAR ON NEXT PAGE] {Shiner\716$TMA0203233. DOCX) i 5hin�r_ i1,68�'C - I "R,' AO'-7032 ' ,D 0Q _ Real Estate Sale Contract Signature Page SELLER: PURCHASER: COMMIT RUST REAL ESTAT , LLC MT. PROSPECT PARTNERS, LLC. ��: � ^ �,� \/ . By: Charlessmartin, Matrager Scott H. 11, Manager Address: DATE SIGNED: Address: 32 I Old Glenview Rd, 4300 Wilmette. It. 60091 Fax: 847-679-6695 DATE SIGNED: {Shiiiee7l68\CTR«A0203233.DOCXI � 7 tad 3 ; L. , I.K. Real Estate Sale Contract Signature Page SELLER: PURCHASER: COMMITRUST REAL ESTATE, LLC MT. PROSPECT PARTNERS, LLC. By: Charles Martin, Manager Address: DATE SIGNED: Scott H. 'Gendell, Manager Address: 3 3201 Old Glenview Rd, #300 Wilmette, IL 60091 Fax: 847-679-6695 DATE SIGNED: f Shiner\7168",CTKA0203233.DOCXII,51 tin.er.,"1 ',' 3DOCA t t , l ye 2 E HE o uz 1 �mfz I C) CONCEPTUAL LAND AREA EXHIBIT R HAEGER ENGINEERING ....... ..... 1.��..,--------.—,--.....----"...� . . ... . ..... ................... surve MEYERS PLACE & CULVER'S F—W.7 444 o LOT 2 OF PLAZA UNITED !2 mouw mospEcr, iLmca c pit1cn - A - - This instrument prepared by and please return to: Randy S. Gussis, Esq. cYo Shiner Manag g ernent Croup, Inc, 3201 Old Glenview Road, Suite 301 Wilmette, 1L 60o91 FIRST AIMENDMENT TO DECLARKRON OF EASEMENTS AND RESTRICTIVE COVENANTS This first Amendment is made as of the L�/day of 44, ' J. 201 t, by Mt. Prospect Partners, LLC, an Illinois limited liability company ('.'Declatann and consented to by Commitrust Real Estate, LLC:C'Culvers" WHEREAS, Declarint originally recorded a Declaration of Easemznts and Restrictive Covenants, dated, April 9, 2004, and recorded as Document 40413203038 (the "Original Declaration'') against the property legally descr , ibed. in Exhibit A, attached hereto and made a part hereof (the "PropertV'); and WHEREAS, the Property- was originally intended to be developed as three (3) unsubdivided Lots as conteni by the Original Declaration but. now contemplates the development of two (2) unsubdivided Lots; and Xk'HEREAS, the Original Declaration prohibits certain uses for which the Property may be used; and WHEREAS, Declarant wishes to. amend the Original Declaration. to. among other things. ehange the: Site Plan, and revise the asvi that are prohibited therein; and WHEREAS, in 20 Declarant, conveyed a portion of the Property to Culvers, legally described on Exhibit B (the "Culvers Property" attached hereto and made a part I hereof, and Declarant owns the balance of the Property; and WHEREAS, as the Owner of the Culvers Property, Culvers has agreed to the amendments to the Declaration set forth herein, NOW 'MEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarant hereby makes the followin changes to the Original Declaration: CM 1. The Site Plwi attached to the Original Declaration is hereby deemed deleted, and the Site Plan attached hereto as Fxhibit A -1 shall from and after the date hereof be deemed to be the Site Plan for purposes of the Original Declaration, as amended hereby (the "Amended Declaration"). The development of the Shopping Center ne longer contemplates three upsubdivided Lots. but rather will be developed as hvo (2) unsubdivi;ded Lots, consisting of the reconfigured Culvers. Loi and the balance of the Property, is shouin on the Siteflan. The Lots are not subdivided lots. Nutthe term "Love'ls used for convenience only. 2. (i) , Notwithstanding Section. 3.3 of the Original Declaration, Culver's shall have the exclusive right to use the Shopping 11 , Center Pylo Sign for a period commencing on the date of execution hereof and terminating ten (10) years artcr the ditto ordle closing of the sale of a portion of the Culvers Property to.Daveri De wlopment Group.. LLC or its assignee (the :`Initial Sign Period"'). Declarant, agrees that ii ?E install, at its expense, necessary utility lines to which the Shopping ., Center Pylon Sign will be connected and shall cause said sign to be separately metered to Culver's building (the "Electrical WorV). Culver's shall, at its expense, except for the Electrical Work. cause said Sign to fie constructed in a good and workmanlike manner in accordance with applicable law and shall thereafter cause said Sign to be maintained in good working order and repair and shall pay all utility costs in. connection therewith. Declarant shall have no obligatioij with respect to the Shopping Center Pylon Sign during the Initial Sign Period, except for the Electrical �&Iork. After expiration of the Initial Sign Period, if Declarant is not. leasing any space in the Property to the proposed. tenant, CwTently identified as the Community Medical Clinic or its successor in interest C*Proposed Tenant") Declarant shall have the right, to use one half (1/2) of the Shopping Center Pylon Sign.. for a period to be. determined. by Declarant and Culvers in good faith, and shall thereafter pay for the installation and maintenance of its sign panel and for one half (1/2) of the cost of the maintenance and repair of the Shopping Center Pylon Sign fZ after expiration of the lnitial Sign Period, Declarant is then leasing any space to the Proposed Tenant then Culvers shall be entitled to the continued exclusive use of the Shoppine Center Py S, r consec five Si fo cu e (5) year terms (each a "Renewal Term") until thirty (30) days after Declarant gives written notice to Culvers that the Proposed Tenant is no longer occupying space on the Property, at which time, the then current Ren" Term. shall terminate and Declara shall have the r half Jara ri to use one (1/2) of the Shopping Center Pylon Sign. l� however. Culvers chooses not to use all or any portion, of the Shop Center Pylon Sign, Culvers shall, at its expense, remove its sig age and p sign age the Shopping Center. Pylon Sign to its original condition.. ordinary wear and tear excepted, within thirty (30) days of notifying Declarant of such intent. (ii) With .respect to the Easement Pylon Sian, it is currently being used by Culvers. , From and after the date hereof, Culvers shall have the right to use only two thirds (213) of the available space an Easement Pylon Sign and Declarant shall have the right to use one third (113) thereof. Declarant shall pay all costs associated with the changes to the Easement Pylon Sign in order to make the .Easement Pylon Sign arnenable for use by both Culvers and.Declarant., including the C/o cost of fabrication of Culvers sign panels to Culvers.' specificat ions (the "Easement Sign Expenses ")'_ If at any time thereafter, Culvers desires to make charges to the Easement Pylon Sign, it shall be obligated to pay the Easerrient Sign expenses in conmection therewith. Anything in Section 3.4 of the Original Declaration to the contrary, c1livers shalt continue to perform and pay for the maintenance and repair ofthe Easement Pylon Sign, subject to Declarant's obligation to pay for one third (113) of the cost thereof (iii) With respect to the Lot C Pylon Sign, Declarant shall have the right to uw- one third (113) of the available space thereon, attid Culvers shall have the right to use two thirds (213) of the available space thereon, Declarant shall pay all. costs associated with the change-, to the Lot C Pylon Sign in order to make the Lot C , Pylon Sign amenable for use by both Culvers and Declarant, including the cost of fabrication of Cu.lvers sign panels to. Culvers' specifications (the "Easernew Sip. Expenses"). V At any time thereafter. Culvers desires to make changes to the Easement Pylon Sign. it shall be obligrated to pay the Lot C Sign expenses in connection therewith- Any costs, associated with Dectuant's sitm. panel shall be paid by Declarant, including the maintenance thereof, and Declarant shall pay one third (113 ) of the cost of maintenance and repair of the Lot C Pylon Sign. With respect to any payment obligation with respect to any Sign, Declarant shall pkv its share thereof to Culver's within thirty (30) days after receipt of an invoice therefor. 3. The first two sentences of Section 3.4 6 f ithe Original Declaration am hereby deleted in zheir entirety, and the following substituted therefor: `Each Owner shall maintain the Common. Areas on its Lot, at its expense." 4. For purposes of Section 3.4 of the Original Declaration, "Common Areas" shall be deemed to include on-site detention. S. References in Section 3.4 of the Original Declaration to the obligation of the Property Manager to maintain the Easement Pylon Si,-,,n shall be deemed deleted, as the Culvers maintains same, and any other reference to the Property Manager shall be deemed deleted. 6. The second and third - full paragraphs of Section 1.4 of the Original Declaration are Hereby deemed deleted. Section 3.5 of the Original Declaration is hereby deemed deleted: 8, Section 16 of the Original Declaration is hereby deemed deleted. 9. Section 3.7 of the Original Declaration is hereby deemed deleted in its entirety and replaced with the following language: Declarant and Culvers acluiowledge that there is currently an on-site detention facility that services both the Property and the Culvers, Property. Any costs associated With the modification or reconstruction of the currently -existing on -site detention facility shall be paid solely by c M Declarant. To properly allocate the future costs associated with maintaining and repairing such detention facility, the parties Hereby agree to allocate a portion of the detention facility to Declarant and a portion of the detention facility to Culyers, in accordance with applicable percentages set forth in engineering plans to be prepared. by Haeger Engineering. Once these app I licable percentages are established, then the part of the detention facility corresponding to that applicable percentage shall be deerned to be "on-site detention" for Declarant And Culvers, respectively, 10. Notwithstanding Section 4.1 of the Original Declaration, the use of the Property for residential purposes shall be a permitted use, and the prohibition against using the Property for "sleeping quarters or lodging" shall be deemed deleted.. 11. Except as otherwise set forth herein, all capitalized terms used herein shall have the same meanings as ascribed to them in the Original Declaration. 1 2. Except as ainended hereby, the Original Declaration shall remain in full force and effect. IN WITNESS WHEREOF, Declarain has extcuted this ikmendment as of the date first. above written. Mt.. Prospect Partnem c i Consented to by Culvers: Commitrust'Real Estate �rc Consented to by Commitrust's mortgagee By: Name: Its: LEGAL DESCRIPTION OF OVERALL P.U.D.: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS a LEGAL DESCRIPTION OF OVERALL P.U.D.: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS PARCEL 1 (MYERS PLACE): LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, EXCEPTING THEREFROM ALL THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 250.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 39.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 34.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 38.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 27.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 45.80 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 61.73 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 137.00 FEET; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST 13.76 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST 18.13 FEET; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST 23.63 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST 53.87 FEET TO THE NORTH LINE OF AFORESAID LOT 2; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 173.12 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2 (CULVER'S): THAT PART OF LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 250.43 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 39.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, 34.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 38.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 27.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 45.80 FEET; THENCE SOUTH 88 DEGREES 58 MINUTES 20 SECONDS WEST, 61.73 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST, 137.00 FEET; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST 13.76 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST 18.13 FEET; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST 23.63 FEET; THENCE NORTH 01 DEGREE 01 MINUTE 40 SECONDS WEST 53.87 FEET TO THE NORTH LINE OF AFORESAID LOT 2; THENCE NORTH 88 DEGREES 58 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE OF LOT 2, A DISTANCE OF 173.12 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 031INn VZVId Z 101 'an'd Eiji 9NI8]IN19N] U]9]VH 1ED, S,H3Aln:) la 3ovid 1VNIJ ssaAw gig! 1gin & np! H. f� 8 on - , --"=9 i Pot HEM Rummmump 2H5H"s NPH Emummmwd. — Not Wxgz S 11 �5 gin! 2A B141 mum ERG go!" 110 "Whah pill 1 N HOW U S 3 NH . 29 i on" MOST H H H...—W 1 1 :Ig I i - - 1 �i I W sas�asssa 1 i MGM ....... �N NOR NO H 1H mmummu MW mumnufl! 7r, / e / / ar O C I I M � G Mal } } } } } - _ i r1.l ,�_• y u 0 N N � F d U Yf K — J U 0 Z � u 0 0 a W U Q J n 1 W 0 .9 - 111 co 0 N ' u CA O Z J J F- U a h O w CL 7 0 od W h m N s D111111111111mol Mal } } } } } - _ i r1.l ,�_• y u 0 N N � F d U Yf K — J U 0 Z � u 0 0 a W U Q J n 1 W 0 .9 - 111 co 0 N ' u CA O Z J J F- U a h O w CL 7 0 od W h m N s boo w 1111//// I ID m L ^O O ~ O - J' I 1- _ Z J J V w 0 CL ce N c w m 0 R_ €� a g 0 v Z r J Z d w H �n p J Q J W w m F' o rc N U W J Q V ^ O N < a o o .. W V Q J CL V I c LU � w w MIN, C a FF 1 n- 19� d f�s� -- rr f .< e a x l i -- __ I I I 10 - V - _i 7T /ll ll7 '77 i � ��v i ti. y'�. / �, ! ��.;II '•.1 f� ..gill //J1 f l V . . 1q) 0 Z I. z U Q >'. z E a ❑ g u _ wl' o N p w J U n w O Z J U Q U N J N ce 0 w� W N r � 00 N �r 2 0 V . . 1q) 0 Z I. z U Q >'. z E a ❑ g u _ wl' o N p w J U n 2 :) O_ �\ O � 2 7/ » ( \( w /� \ \ } \� »` /: \r /r 9 P 10 Z Lu CL ce uj � ƒ\ \4 k uj LU ry 3 � �\) � $\ \ (� \ � � \/ \\ � ` \ : uj CL 74", uj I 1a�11�11 � � � a (C". -leo. 6yo woweupwmsuambftN-� SIONII11 '173dSOS4 'lw 'ayos 3ssng Hinos l 09 L V; LEW" L -N -UW!l -.J ua.-O 1-*-" M-![# NOISIAiaenS311 a311Nn VZVld A. lm C2 C�Yl v:W„lj 8099'V6C'L4V:)wJ 0099'Me"it9 :191 • EL L09 ll'UMW-WS 'pDq --v -Id •N 009 t z 101 < s .joAsAAns puel sjoeuisue suctinsuoo ol 0 9NIU]IN19N3 U393t1NO 1191HX3 V3SVsnoiAll3d < cl 'n SN011lallo:) a3SOdOSd o a el J I - - - - - - - - - - - - - - I 1a�11�11 � � � a (C". -leo. 6yo 00 z A. lm C2 C�Yl v:W„lj < s f U—:f_ 0 , * 0 < cl 'n 00 z In t , w y , ,] < < A. lm C2 C�Yl v:W„lj < s f U—:f_ 0 , * 0 cl 'n In t , w y , ,] < < WOO*SUP w.dU&M800LrMM?A SION1111 '03ASONd IW '(3VO'd 3ssn8 Hinos t og t N rstcoo 'ON "no NOISIAiaanS3s a3liNn VZVld 'I 8095rM6'i" !xOA 0099'V6VLt9:191 U109 I 'Sinq—W-PS 'Po" --Dwnw *N OOCL .ioAeiuns puel Z 10 s 1 s.je9ui6ue #3ui:tlnsuoo 0 JLISIHX3 v3sv snowfld L: i 9NIU]IN19N] U]9]VH[E SNouiaNODONIISIX3 w 0 FEE' JJ CC 0 a- MENMI-R.M.Mm 0 — 0 Z C) FT c 4 W Ij S S rX V� CL m A D� u�d Gyp rL < Cq — — — — — — — — — — — — , 6 Z , L CY 4 b V� . 8 > GI W W v _ d T ' � I N F < u 0 < f � V Y N OC _ < 2 � u V 6 < u 0 0 0 u.. w o J U� Q U u Z f Z < ce Lu I cK w a 0 m � N 0 > I m J IF LL o m K ce < O > < OI., �® u l Lu h�lnn n x'11 I I � I I� I "�Y �n 1 I Ul N F < u 0 < f � V Y N OC _ < 2 � u V 6 < u 0 0 0 u.. w o J U� Q U u Z f Z < ce Lu I cK w a 0 m � N 0 > I 0 u Z f Z < a 0 J CL 0 p J < F- > 0 m _ LL o m K ce < O > < OI., U . J Z ul� y < I I In 0 CL Ln a�� 7 z l LL LL] m a�� 7 z l LL V e, i '- ma U Io 1 D I I � 0 N 'o' U-j W it m nu o F o® m .n I z a ui .. z f Z Q o J CL cc: O Q O J Q C w O i � n m _ � ce D o N O e, 0 0 U r Z Z � Q a J 0 CL � J O Oo F_ o LL ._ m � O N � W 0 1; F- a 0 a� �U Y 'F Y a - = U U . Z < a .. 0 v oc 0 V. V) L O Z J I ` V J F2 U a O J a D LU w h m o 0 0 U r Z Z � Q a J 0 CL � J O Oo F_ o LL ._ m � O N � W 0 1; PLAT OF SURVEY SCALE 1 30' — J— ........ —E --7— 2- Cm ........ ........ ... 4 F5 PARCEL I RCELq,, (PART OF LOT 2 (F OF 11 7X - N T k I � I 34.00' �� �'�- -� I,r�,'�J `' �I =,. =r� =.. �° \ w R ��.,,, ''�.�;,;... ��' ��' �' I -=4 LOT 1 7� 1 2 VICINITY MAP I Not b Scale uueiw 1. T z. =�I (F A 11 —) mr 1-1 12 ! tt" Im . .. ...... T. T _ T __ 'L 1 1 11 11 11T I T1111 III I " . ... ..... . -` F -- 's �.w� r «. wmz,rcoo r„ «,nwwm w,h ° °° 2 �NIH33N19N3 H393dH l (a31INn VZVldd 101'�O laud) 3JVld SIGM 311 "1 o & g o . W- E5 W O SH Z L e FN e 6a Lnn n 0 g ag 8 E yxV lE i $$ oc Z Z ° -° ; I u"N g 4 M -w 3� d$S�dd G• W W a 3 o •� ng % g' Ag � � + 7 0 oeh�.•a c W�:u< ISs. * ,a �� X91 V Q W- W O a Z L CL FN Lu Lnn n 0 V Z oc Z Z ° -° W W r z 3 " a W 0 t= O > Lu w LI) �C Qxs oWyo�oo� of oso aaaa CL CL 0 CL U § M gc° 5e c cc W LO N Egis :. H N N Z O F- u w N o •� ng % g' Ag � � + 7 0 oeh�.•a c W�:u< ISs. * ,a �� X91 w iz, a VZVI 101 40 L 3DVId SN3,kW - 9NIU]IN19N] U191VES1 SNOION IIVDldl:>3d S GNV SB P-ml M q! HN1 1 • I P, mimm low I R MUM 1 j, WHO DWI 411 H.- WHY pEnHI, I "NO 1 Bud 11 DWI MIMI limmumm M M 1010 H m 01:04"Qu. U 0 Hull ! H! HU HU H1 HIE HIM" I HH H N I P Mg, Hfill RIP-! l ip h in l u H. i ll ; 4 4 0 . 111i H. AD ho W - nun N A 4 3s -HE HI E U , ij NO! im4wUmn m u H H ui I I lug " No 101i to! HR 1411 a H I 101 1 Ni� ON HERS H R MIR' 1 Rim fit I on m U in 1 IN CIA YF^ ads -opa la U1 H in Si 11 Hull p, 11 1 11 MA 'Iq" S jqypjgmnl Wn �� �� €sH i � lei :§ .R �? .m5 °Ian $ lH� ! H! HU HU H1 HIE HIM" I HH H N I P Mg, Hfill RIP-! l ip h in l u H. i ll ; 4 4 0 . 111i H. AD ho W - nun N A 4 3s -HE HI E U , ij NO! im4wUmn m u H H ui I I lug " No 101i to! HR 1411 a H I 101 1 Ni� ON HERS H R MIR' (i]31INn VZV1d Z 101 A01 33VId S113 Avv OLIV:)IdIZ)3dS SN 9NIHIIN19N3 9191VH M1 53ION IVIUN35 CINV 0., 1H N�l I hi f as IFS M I it 1" i i-li fl im Ifliiil F j J ! IN 3 lit lig m I 71 i fl i- ilt P I a il N jk j EV, , Ai 1 I I A HIM, jYi IV -" ' I H i 4lij pil! 1 . . 1 ".11 i t fj'fli ; M 1 wfl , 111 1" . M 1; as I ! j- JJ 1 It Al i I 1 9 j ' j j a All L P V H ERP f p@@ I ` :J%j qu' sE Vile -M 11AR flul mill 11 , , oe„ Pew 101 =1 Pepe+ (031IN (5 VZVId Z 101 d0 17JVd) a"sm"."�.•a, �;.a.. -=w.n o r�� 3JVld MAW - cy Aavna Pue jw x. � eua 6u�yneu 9 NIH33N1 9 N3 83 I] SNOUVD1=103dS ONV 1 E U NION 1VMN39 s r o g ea H mum! ° °:E acm 1 3 s: is E 1 RD x %€ NH O N on N MI � $ F g E r fl p p e g eF? ..aa si `� 8 §i Bs a i ea y $ a a IN F €§ Ell ii p � sc ga € € §� ,E{ € r i tai gi :4a 4 4 aF s ai b s ,o i i as € 9s i i i €I g €i$i€ ii s II { i € €. €f € s Hit E e€ i 3 a + +s =F g iii €$= d � € as s y , I { e mM §ski € ie ii �t S € { a a6 gi j A $ € €pg € e e €, a �� � i �zaP E €e .xa a 'III Fa %`IIFa €� °�� s € F y iaaae sa§ H + 4 M s4 € $ ig€ssF$ rI iga €IIi i sa € F I§ a b €� € a iII a E j x i i€ isii s U s i $ a.{ I �, fE� a Ia f a a $b b WHU bg1�I d a, ; s i,F a� p $ II + €€ ra € 3 ,r � yg 4 =II €s3 v� €I i4 SE =i§ g 6 Yy,F € 91 FEE gs i�F eR ; II M €A ?�ENSU ai a § d�asEa iL s { ¢£F S - �2n � i €si$ a €3 y€ - $� e€ ,�e- a €3E awoe,ia$$�a,a =�° F aF a is I s U a' 111 z" <€ F �� I o is � �{ f� I ° ss .i Fc $ i £gi fr . Ics € { to i �# W if F a i r ` a iaFII II H un s s a s Intl s € °= € E $ +° 3$ { s a €X 3 € N A s ai F Ens € i; { s l t s €° � a i � - °�•as t � Fa, §s; IN! t !i. s s Za, b c , _ E 3 {sE= Ss aF! i ;a s _° IIr $ HI UM 1ge M is §ii1 ai €I i Ia i @$ , €� i {� a lull Hit F $a M F4g H j � a {, a.Ei$ iF III o il : = .H. ! � ! a 3 € €< -F t €g€ x g a rr €af � i3 a bF $ i [a € ' Ou + { f il l i e °p .as �$r$ Fs. s i s a Ea$$ y �° a s 9F €5 a {E. $, g $ g ii a i b g: € i I$ € fa NM � ° I aiy 4 €. s @f = i 4g g € dE #3 $its $ F $ €�� } "3 F � { 8 �e N 1 €a % a a a# iii $ i = isr€ 3 F E F€ F gs i a, a E$ E a.€ " s § # Bg 9 H F i &s 8 i = S Z <wi S$ i s s a bis e 7 4 i is i s E a $$ r a apa4ras a oI I, §F€ ;$i Han F s Es si a $ €x F {" €E a iaas i° €E:i i a ; , i8 i# 4y All sU; ,r.. r = €a:ai $a€ Ni sFi; •p° ° {a #` a$ s.•a iI.€ `$§as3F g is S# 5a sai$ E i• 3 s i $_. € z: : F €i� {:� :_ @ a§`af g' i sa i 5 I "Iw r "q €€ I IIa F eiga E b r €° - 4an =.I fl °.i E: saFr ga _ € $ $ s ! #'• I# :$o ` # tiI igF° $ $s i s " ?� F s n i t; , e E E.. P sa.... .. i4 �^ �� cI a FF$; �• F i` � !�s ��3 B S €E i s a$j£ [. ��a;ts � p�& �: _ es i € 3 §gF s.= § €�€ ;S ; az'es { aas - =d ,a {£ = §x s as £ €I tz ni i ,a.i € i i � iiia3s - {{s {s <g ��`` � � tl ka t =° g € i� €B ` � ss is �jI a at ia�. ig s HIM , a `a 1 3EkiII r a ag t ` $s € aEl al Y b8 ° '3a F $ a ' €e a ga :H +$a + g= s a F i E' € as £ = : ¢ II'ai is £ §s4 E4sa a =a S 3 e :t ybi °ig° , H �$_ � $ i $ ig €II €. a `W � � is $ � ac ai` f � # a >• - s ag $ €. � = ° �� '� i $i � # i = i ig € - a i a �e r $ i zi �• i Fia3ir �I 3a ;€ g °� : ,- is i sE" 4 a4' HUN N, t4` ,E #3 tE F 4 s3 6 b p��$ s e €$ s r€ a 3 €It a€ $€ a B ae +� a € € , iF i I €F a I W PM ! € ^_° { # €isF. i € e y i.sz - • E°..vM b € a� %# Fg ai $ :' $ _€ . € €`tyiF €. =a:i s 1 °a a3 € S ai' $ _ ,•. § E € 3£i €a $ $ # s i s "i'sa` €e „0 g;F i a I i § g $g6 �i ,e i 6e 3 i g b g y a a s€g`s[Ee:.i p yp s � E@ g€ $ 3 3 €, a i g'seII,■ € 8 as .$s f s i €s € is x,. 33 = s a & Ea s, a"aff;IIsii € $' @& !• ac € i( iF a E. s i : HH €si goa=t s iEs s s €Y E $ $ N M I I si i e s a g� i�a 3 i s I r 1 IIi F Ii § a € `^,' a yi g t a a s I 1 1.0 aisi� ""a i €,a g �e °a � a 45 s I Y i 3 �s . % # I i Ei a 'i f U s zi + g ;s{ F NMI . a = a UR � €� � to 1 " H Ed; $a•� $ °➢ € s [$ ap H. s + € a .a gF € g i . e ss _ eEi a ° is 3a € *ye 1 a? $ s g ! ata €' g i maF eaa§a: Ea $iI @ ss $ g€ w a s. si .(GENn vivid z 101 AO lava) • " s ; - ..� a 9NIH33N19N3 H3 I 9I 3Jbld SMAW o V. ' _ u zsgei S " 011i ° " °' �NI151X3 +mn .z101 6 _m . ° asset- ��]R�2 �H� _. mo z 8 g! .� !]| §] § \(� � . ■ . . . . \ . � / . � . . �,\� : -- �. r 5 , F , � y— < � • ;, %§z� : w & � . ■ .o o„ 311 " .. ."•.`�' � "� „° �a.r..... (a31W fl VZVId L 101 d18Vd }. 3:)Vld Sd3AW Ae.�ns uBs BufH C 9N1U33N19N3 01910 Al NVId ; g A813W030 b... f 4 �i 7? =E 8� Y � I I i 4 � 1 ' I 1 E(I I �I ! G I 1 4 I ,a I I� I I Il yyy \ 1 I I ....a I `f '.I I I I I I I I f 4 �i 7? =E 8� Y / f 4 �i 7? =E 8� . � tsw auw�suoo 9NIUIIN19N3 -393bH ❑ iaRINn vivid i 101 dO IHVd) 30VId S113AW NVId 9NIAVd y �• ; a s3' I g e 0 - 4 5� � a ;� ^ a_� rat• � tY ... r W; fl 14 a "UH-` E S ;d g[ { ` �a ° S �4 } y, S 11 aw `L I I r S r f x 1 � � 1 � � �• i IIIr ... � j I Q I � _ � • x .��'� c i + O ^ t , Y / i JJ XX v I - SS�� .. I 1 — I I I t / , � I / I � 1 (0311"8 VZVld Z 101 d0 S AW) 3Jtlld SM3AW g o 9NIHIN19N3 H391VH ""'a t a '11111!1 6€ w g € I. : I 1 L I_ I' I I �I u' �l 1 I I I j � I Ix I' ry I I �i 0j I! I I. : I 1 L I_ I' I I �I u' �l 1 (cal 11"3AO n VTV'ld Z 101 =10 ISVd) a:)VIldSZ13,kW q 9NI9IIN19N3 U3910FIR-1 NVId ONIC]"O �� l Y din F TIVN IT I - - - -- L - - - - - - - - - - - - - - - - - - - -- Ai 12 YZVld Z 101 6lg� % zVld a3 . aaVIm . I ._.e_a, Lij /« � \\� — } \\ ... � . . ... � , /« w „, A,- ;d,- "1A31 1031fNf1'oZtl'7d Z 101 ' dO18Vd) R 3D'09d SN3AW JoAB/u Hnauw ¢ o �' puel � u s 7 6 [ u � a ] Bu. JN1H33N19N3J SIIV134 4NV o = SNOIIJ3S IVJIdAl e o 3 6 d WV P WN d E 1AM yg �a � NOR, e ' 3s I S U — ,nM�n11 u V i b m Ch m OD y { [FW a A A �5 U m YyWaS 8 Q � S ao o z yygg 6 H's 2 '28 a E'} ' a"ag$F)3ai��'FI +t9s, , Qo E 49 Y C mW a' syk F � s�: 6 s 9aa N M i a w0 `y 28 `gym= WV P O ' 3s I S �5 U m YyWaS 8 Q � S ' a"ag$F)3ai��'FI 6. p . N M i o dz � N y a � W w - 35uhU3HL0 5531Nn 0310N SS3 O p O a w gg _ S iOlJ Nos=e=, la3iiivn vvid a z iol do iavai 3Jtlld Sa31kw - �o.(avne Wei W�BW Bu�,�nauw S - 9NIH33N19N3 U391V ❑ SlIVl34 (3NV z SNOUD3S 1tl71dAl �S a '� ## O I I w W W 2 �ih C 4 E& bla � r J z al '.. Ali b Sz oir a 1 ass 14 �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R aW el �o a� tl g } m+3g2= 5 C g m 11 y �S a '� ## O I I w W W 2 �ih C 4 E& g J z tl �Td•' g3 b E���� Y � � yy�Sm a o k �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R 2 Q �o N a� tl g } m+3g2= 5 C g m 11 y mW 1 g4'bE HR =s ��` 'e aI 6c 9� �M oW Z W o. e a � a " I • 8§ dtl m o LO E�a �S a '� ## O I I w W W 2 �ih C 4 E& z tl �Td•' g3 b E���� Y � � yy�Sm a o k �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R 2 Q �o N a� tl g } m+3g2= 5 C g m 11 y mW 1 g4'bE HR =s ��` 'e �e z e a � a " I • dtl m o E�a s3wrn �S a '� ## O I I w W W 2 �ih C 4 E& z tl �Td•' g3 b E���� Y � � yy�Sm a o k �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R 2 Q �o N a� C 1 W 3 S3WA FT m x 5 Y h �m 5 3 tl�g a § Fd a e Yip i 'tea a s� 3 4 E � �a \� 2 e" a '� ## O I I w W W 2 �ih C 4 E& z tl �Td•' g3 b E���� Y � � yy�Sm a o k �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R 2 Q �o N a� a z tl �Td•' g3 b E���� Y � � 8 p �e$3 4z Cy` gwY�� i3` =g a'2 zi° RS R 2 Q �o N a� C ��` F s3iarn (<3317An VZVId ZIOI JO IN - 4� 3:)VId Sd3.kW - P..j 6.. ..! ...... 9NIHIIN19N3 8193dHISS SIIV13G QNV g o 9 SN01153S IVOld),L � r z 0 u U z z hill z - Z (gs E -� f p o t A R,111 2 . i�g � � i � es � 1 H if III + I I M f 1 7 dg C C VI I z 0 ZI W z dg C C VI I z 0 ZI W kt 4) AN F1 wa. i w,w iy, w�. �'mmM..mrV+r M O SStteuNO IM .,., ' (4311Nt1 3 b'ZVId Z 101 d 1N 0 tld) 3:)Vld SN3AW g ^� 9NIH33N19N3 8391VH ❑ SllV134 O t P V SNOIlJ35lVOI 71dA1 a € � raj r r a ai 0 ) r W E p g a o P € . �1 _ I a ` ~ 3 5 ' & yy Y• t- Z � n 3 LL W F L1 L 0 z Z C¢ Z g E• y S ;k ^" � k u» Y- :u m E 4 y 3 s 0 =t Z ag xh w ii a 5 FaE Gs Q Z Q G .. Rc °8eo N.' z € Z 0 Z $i a :F j.hF d ooh : id'aa` uw 3s e�: 0.6' W - � �i — m re ��n •a a =- f4 2§ (olr&A tlLVld Z 101 d0111Vd) e soe ry �e a ej� w aa�e�. er .moo 3JVld S113AW 9NIH33N19N3 0391 HI y SN0011034PV� u o a � g c a i m. lLC $14i Fin 1` 3 P FF P W Y € . OEM E ° o § Q H § N E d P§ ZU § m a` ' B 3 4 s Z uj 8 �T YZ " a as : o z s ra w z i §° eF P °� t r s a fie' :i IY g O U q 5 s p Z 4 P Y is R CO :._ , E !11 m a .BSPP aa# 4F I 5P« €ei d P W '�g3E3 Z� e gaa 3 Fn w f! 4Y� III m III a _ s�4—�. hi ° F5laR §P9 ° Z Z g�P .a. .3 �aS�s w ¢ ge�Y c ggF e Y D d a Yi £ a w - i9B F 8 ao� z ° 0 z w Z s'o�`+o III I III III ! s y ,s� W d�ry� , C, n ° l a p No ed a e 2 N E Yg$3*lsd "g III W w ca o —<o� 8 P gns 1 i 1 ' k ' 3 � � z �s$i§�� 11 4 • 1 � �S€ )� �€ p S i�� i 6 — P pa fin, €€ .e a MEMORANDUM TO: Jessica H. Berzac Daveri Development Group FROM: Michael A. Werthmann, PE, PTOE DATE: January 11, 2011 SUBJECT: Parking Evaluation Myers Place Mount Prospect, Illinois This memorandum summarizes the results of a parking evaluation conducted by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for a proposed supportive housing development to be located in Mount Prospect, Illinois. The site of the development is part of a mixed -use development that is located in the southeast quadrant of the Dempster Street/Busse Road .intersection and contains a Culver's restaurant of which 67 spaces are located on the Culver's site and one space is located on the Myers Place site. Cross access and shared parking will be provided between the proposed development and the Culver's restaurant which currently provides 68 parking spaces. Lastly, the mixed -use development has cross access with Plaza United that is located in the northeast quadrant of the Algonquin Road/Busse Road intersection. As proposed, the supportive housing development is to contain a total of 39 apartments for people who are living with mental illness and 4,125 square feet of medical office space. A total of 79 parking spaces (78 new spaces plus the space located on the Culver's site) and 19 landbanked parking spaces are to be provided as part of the proposed supportive housing development. The 67 parking spaces currently provided on the Culver's restaurant site exceeds the Village's parking requirements by ten spaces. Therefore, from a zoning analysis, the proposed supportive housing development will provide a total of 108 parking spaces (89 constructed spaces and 19 landbanked spaces). The overall mixed -use development will provide a total of 165 parking spaces (146 constructed spaces and 19 landbanked spaces). The purpose of this evaluation was to determine if the total parking to be provided by the supportive housing development is sufficient to meet its peak parking demand. Village of Mount Prospect Parking Requirements Table 1 illustrates the total number of parking spaces required for the proposed supportive housing development and the Culver's restaurant per the Village of Mount Prospect zoning code. It should be noted that the Village has requested that the first floor office space and community room associated with the supportive housing development be evaluated as commercial space in case the development is ever converted. KLOA. Inc. Transportation and lurking Planning Consultants Table 1 PARKING REQUIREMENTS PER VILLAGE OF MOUNT PROSPECT S. R Parking ize equirements Spaces Supportive Housing Development • Apartments 39 units 2 spaces per unit 78 spaces • Medical Office 4,125 square feet 5 spaces per 1,000 square feet 21 spaces • Commercial' 2,723 square feet 4 spaces per .1,000 square feet 11 spaces Total 110 • Culver's Restaurant 4,754 square feet 12 spaces per 1,000 square feet 57 spaces 1. The commercial space consists of the first floor office space and the community room associated with the operation of the supportive housing development. However, the Village has requested that this space be evaluated as commercial space. From Table 1 it can be seen that the supportive housing development is required to provide 110 parking spaces assuming the first floor is used as commercial space or 99 parking spaces assuming the first floor space is used as part of the supportive housing development. As such, the 108 parking spaces (89 constructed spaces and 19 landbanked spaces) to be provided by the supportive housing development exceeds the parking requirements (99 spaces) of the supportive housing development and medical office space and is only two parking spaces short of the parking requirements (110 spaces) assuming the first floor is used as commercial space. Projected Parking Demand A total of 32 parking spaces are required to meet the Village's parking requirements for the medical office space and assuming the analysis that the first floor will be used as commercial space. Therefore, 76 parking spaces are available for the 39 supportive housing units for a parking ratio of 1.95 parking spaces per unit. This provides a very conservative (worst case) analysis as (1) it assumes that the first floor is used as commercial space (requirement of 11 parking spaces) and (2) does not assume any shared parking reduction between the various uses. Nevertheless, the following analysis clearly demonstrates that supportive housing developments have considerably lower parking requirements than the 1.95 parking ratio that is to be provided for the supportive housing units. Operational Analyses Supportive housing developments have greatly different parking characteristics than a typical residential development. First, the majority of the residents in supportive housing developments do not own a vehicle. This is evident in Table 2 which shows the number of residents who own a vehicle versus the number of occupied units at five similar developments within the Chicago area. The table is based on information obtained from Daveri Development Group and is included in the Appendix. From Table 1 it can be seen that the supportive housing developments had an 0.08 to 0.14 vehicle ownership per occupied unit ratio. Second is the fact that supportive housing developments typically have a limited number of employees. 2 The proposed development is expected to have a maximum of five employees working at one time. As such, it can be seen that 76 spaces are sufficient to meet the peak parking demand of the proposed supportive housing development. Table 2 SURVEY OF RESIDENT VEHICLES AT OTHER SUPPORTIVE HOUSING DEVELOPMENTS Occupied Residents with Vehicles per Facility Units Vehicles Occupied Unit Independence Center, Waukegan, Illinois 44 4 0.091 English Manor, Waukegan, Illinois 14 2 0.143 Grand Apartments, Rockford, Illinois 45 5 0.111 Spaulding and Trumbull Apartments Chicago, Illinois 25 2 0.080 New Hope Apartment Building, 79 7 0.089 Peoria, Illinois Surveys of Existing Supportive Housing Developments In addition, to the operational analyses, parking surveys were performed at several similar supportive housing development as discussed below. • Parking surveys were conducted by KLOA, Inc. in 2010 at the Independence Center located in Waukegan, Illinois. The surveys were conducted every two hours from 7:00 A.M. to 7:00 P.M. on a weekday and a Saturday. Table 3 illustrates the results of the parking surveys which show that the development had a peak parking demand of four vehicles or a maximum parking ratio of 0.09 vehicles per unit. • Parking surveys were conducted by the operators of the Spaulding and Trumball Apartments in Chicago, Illinois and at the New Hope Apartment Building in Peoria, Illinois. The surveys were conducted on a Monday and Wednesday in 2010 during the evening (7:00 P.M. to 8:00 P.M.). Table 4 illustrates the results of the parking surveys that show that the developments had an evening parking demand of between 0.08 to 0.13 vehicles per occupied unit. From Tables 2 and 3 it can be seen that the three existing facilities had a peak parking demand well below the 1.95 parking ratio to be provided by the proposed supportive housing development. 3 ■ Table 3 PARKING SURVEYS - INDEPENDENCE CENTER, WAUKEGAN, ILLINOIS Table 4 PARKING SURVEYS - SUPPORTIVE HOUSING DEVELOPMENTS Number of Parked Vehicles Wednesday Time Saturday, January 30, 2010 Tuesday, February 2, 2010 7:00 A.M. 4 4 9:00 A.M. 4 2 11:00 A.M. 3 1 1:00 P.M. 3 1 3:00 P.M. 1 1 5:00 P.M. 0 2 7:00 P.M. 1 4 Note: Independence Center has a total of 44 units that are currently all occupied. Table 4 PARKING SURVEYS - SUPPORTIVE HOUSING DEVELOPMENTS 1 = Parking surveys performed by operator of the facility. Other Parking Surveys It should be noted that parking rates for supportive housing developments are not provided in neither the Parking Generation Manual, 3 rd Edition, published by the Institute of Transportation Engineers (ITE) nor the Shared Parking Manual published by the Urban Land Institute (ULI). The land use most similar to supportive housing developments that is included in the publications is assisted living facilities. Based on the ITE Shared Parking Manual, assisted living facilities have an average peak parking demand of 0.33 vehicles per dwelling unit which is considerably less than the 1.95 parking spaces per unit ratio to be provided by the proposed supportive housing development. E Monday Wednesday Vehicles per Occupied Occupied Unit Facility Units 7 P.M. 8 P.M. 7 P.M. 8 P.M. (maximum) Spaulding and Trumbull 25 2 2 0 1 0.080 Apartments New Hope Apartment 79 8 10 8 10 0.126 Building 1 = Parking surveys performed by operator of the facility. Other Parking Surveys It should be noted that parking rates for supportive housing developments are not provided in neither the Parking Generation Manual, 3 rd Edition, published by the Institute of Transportation Engineers (ITE) nor the Shared Parking Manual published by the Urban Land Institute (ULI). The land use most similar to supportive housing developments that is included in the publications is assisted living facilities. Based on the ITE Shared Parking Manual, assisted living facilities have an average peak parking demand of 0.33 vehicles per dwelling unit which is considerably less than the 1.95 parking spaces per unit ratio to be provided by the proposed supportive housing development. E Culver's Restaurant Parking Surveys As indicated previously, cross access and shared parking will be provided between the supportive housing development and the Culver's restaurant. In order to determine the parking demand of the Culver's restaurant, parking surveys were conducted during the midday (lunch) and evening (dinner) peak periods. The parking surveys were conducted every half hour on Saturday and Wednesday, December 18 and 22, 2010 from 11:00 A.M. to 1:30 P.M. and 4 :00 P.M. to 7:30 P.M. Table 5 presents the results of the parking surveys. From Table 5 it can be seen that the Culver's restaurant had a peak parking demand of 34 parking spaces which is 23 spaces less than the 57 parking spaces required by the Village. As such, the parking analysis of the supportive housing development and the existing parking surveys of the Culver's restaurant clearly show that the 165 parking spaces to be provided will be sufficient to meet the peak parking demand of both the supportive housing development and the Culver's restaurant. Table 5 CULVER'S RESTAURANT PARKING SURVEY 61 Parked Vehicles Time Wednesday, December 22, 2010 Saturday, December 18, 2010 11:00 A.M. 8 7 11:30 A.M. 13 10 12:00 Noon 16 25 12:30 P.M. 25 34 1:00 P.M. 17 34 1:30 P.M. 15 25 4:00 P.M. 6 10 4:30 P.M. 5 14 5:00 P.M. 7 10 5:30 P.M. 14 13 6:00 P.M. 13 18 6:30 P.M. 13 16 7:00 P.M. 17 16 7:30 P.M. 20 16 61 Conclusion The parking evaluation has shown that the 108 parking spaces (89 constructed spaces and 19 land-banked spaces) to be provided by the supportive housing development is sufficient to meet its peak parking demand and that the 165 parking spaces (146 constructed spaces and 19 landbanked spaces) to be provided within the mixed use development is sufficient to meet the peak parking demand of both the supportive housing development and the Culver's restaurant. This conclusion is based on the following. • The 108 parking spaces to be provided by the supportive housing development exceeds the Village's parking requirements (99 spaces) of the supportive housing development and the medical office space and is only two parking spaces short of the Villages parking requirements (110 spaces) assuming the first floor is used as commercial space. Supportive housing developments have a very low number of residents that own a vehicle and a limited number of employees. • The parking surveys of several existing supportive housing developments have shown that they have a parking ratio considerably lower than the 2.0 ratio required by the Village and the 1.95 ratio to be provided by the development. - • The surveys conducted at the existing Culver's restaurant show that its peak parking demand is appreciably lower than the 57 parking spaces that are required by the Village. 11 -004 Berzac Myers Place Mount Prospect January 112011 maw 6 Appendix 0 Independence Center Mr. Larry Pusateri Lighten-Gale Group 203 N. Wabash Ave., Ste. 608 Chicago, IL 60601 To Whom It May Concern: Re: Parking requirements for mental health supported housing Independence Center has 44 housing units in which to place our members. We usually have full occupancy. There are now 48 residents in the 44 units. of the 48 residents, only four individuals have autos and one of these is having his car repossessed because he can't keep up with his loan. There are two cars in the English Manor parking lot with 14 residents living in 12 apartments. This ratio is very typical. At the Center, we have approximately 60 individuals attending each day. Of these, only four or five drive their own vehicle to the program. Over the years, I have noticed that persons with mental illness, especially if they are on Social Security Disability or SSI, who buy a car (usually a clunker) soon find that they can't afford either the payments or the repairs. In spite of this, the City of Waukegan has insisted that we provide two parking places for each apartment. The result is that we have very empty parking Iots. I have even been approached by landlords with offers to purchase our properties because they assume we have empty buildings when they don't see any cars in the lots. Call me if I can be more helpful on this topic. I am available Monday through Friday between 8:30 AM and 5:00 PM at (847) 244 -4442. Michael Pierce Executive Director 2025 Washington St., Waukegan, 11, l,0095 (847) 360 -1020 FAX (347) 360.1065 Board of Directors: Dr. Robert K. Heinrich, President - Julie Junkin, Executive Vice President - Eliza Davies, Secretary - Javier Delgado, Vice / r* President/Cinance - Karen Schumucher, Treasurer - Jamie Denz • Veronica UN%irds - Dennis Munk - Anne Patterson - James Pict: - Nlo jorie Stvinsen P i Fp9 1,4 141HG Amy Swenson - Edtcard Tupa - Richard Whalley oFPVM1 Tr Page 1 of W z ..... 4 i Brad, I wonder if you would be able to help yoijr fellow Institute teem, The "bask Force, w /any data you have about parking needs at your project: Cindy Thomas 2x'4/241 F ebrua ry , 2010 Jessica H. Berzae Vice President o Nequisit on and Development l averi Development, l L 6160 N. Cicero Ave 'Ste 620 Chicago, 1160646 Dear Jessica, Spaulding and Trumbull Apartments is a permanent supportive housing ,project for single parents and children. in Chicago's Lawndale neighborhood. We have a total of twenty- five units that are currently all occupied. ' We currently have two residents that have cars total, and therefore our existing parking lots are always empty. cerel, ails .atn�s Property Manager Spaulding & 'Trumbull Lot 2 Plaza United Resu bd ivis Mt. Prospect, Illinois Overall Sto rmwate r Detention Calculations Prepared By: NAEGER ENGINEERING, LLC 1300 N. Plum Grove Road Schaumburg, IL 60173 Telephone: (847) 394 -6600 Fax: (847) 394 -6608 Date: September 21, 2011 Job No. 10 -122E REVISED STORMWATER DETENTION SUMMARY BASED ON PROPOSED CONDITIONS A. TOTAL TRIBUTARY AREA (A) SITE OFF -SITE TOTAL 3.72 1.08 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area = Impervious Area = 2003 Pervious Runoff Coefficient = 2003 Impervious Runoff Coefficient = 1988 Pervious Runoff Coefficient = 1988 Impervious Runoff Coefficient = �1'9v18' 0,20 1.38 7 7 7 i:Sd "' ; 0.88 3.42 0.50 WA C. RELEASE RATE CALCULATION 0.95 N/A Site Release Rate Q(Site) - Per Village Requirements N/A 0.25 Allowable Release Rate Q = 0.20 cfs per acre = N/A 0.95' Off -Site Release Rate Q(Off -Site) - Per MWRD #88 -040 acres acres Combined Runoff Coefficent = Site Area [Ac -Ft] Off -Site Area [Ac -Ft] 0.89 0.82 Net Composite Runoff Coefficient = 0.81 % '' /,:'s's /i %r ii ' 0.92 C. RELEASE RATE CALCULATION 1.051 Site Release Rate Q(Site) - Per Village Requirements Exhibit C * ** (TP40) !; /; % %/„ Allowable Release Rate Q = 0.20 cfs per acre = 0.744 cfs (1) Off -Site Release Rate Q(Off -Site) - Per MWRD #88 -040 0.92 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 1.08 acres Time of Concentration = tc = 30 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 incheslhour Allowable Release Rate Q = ciA = 0.40 cis (2) Maximum Allowabe By Release Rate Per MWRD = 1.76 cfs Total Release Rate Allowed By Village = (1) + (2) = 1.14 cfs < MWRD Release D. DETENTION STORAGE CALCULATIONS (See Exhibit A, Band C) PER VILLAGE OF MOUNT PROSPECT * Exhibit A calculates the required stormwater detention using TP40 Rainfall intensities for the combined site and off -site area tributary to the north pond. `* Exhibit B calculates the required stormwater detention using Bulletin 70 Rainfall intensities for the site area only tributary to the north pond. Exhibit C calculates the required stormwater detention using TP40 Rainfall intensities for the off -site area only tributary to the north pond. Please note that the off -site area is an existing condition. Utilizing TP40 rainfall intensities for the existing off -site area tributary to the north pond (per MWRD #88 -040) and Bulletin 70 rainfall intensities for the proposed site area the required storage capacity is 1.24 Ac -Ft. PER MWRD SEE EXHIBIT D Volume Required Per MWRD Based on Ultimate C- Factor of 0.88 = 1.03 Ac -Ft Site Area [Ac -Ft] Off -Site Area [Ac -Ft] Combined Area [Ac -Ft] Exhibit A* TP40 iii / /i's iz % '' /,:'s's /i %r ii ' 0.92 Exhibit B ** B70 1.051 Exhibit C * ** (TP40) !; /; % %/„ 0.185 Net 1.236 0.92 * Exhibit A calculates the required stormwater detention using TP40 Rainfall intensities for the combined site and off -site area tributary to the north pond. `* Exhibit B calculates the required stormwater detention using Bulletin 70 Rainfall intensities for the site area only tributary to the north pond. Exhibit C calculates the required stormwater detention using TP40 Rainfall intensities for the off -site area only tributary to the north pond. Please note that the off -site area is an existing condition. Utilizing TP40 rainfall intensities for the existing off -site area tributary to the north pond (per MWRD #88 -040) and Bulletin 70 rainfall intensities for the proposed site area the required storage capacity is 1.24 Ac -Ft. PER MWRD SEE EXHIBIT D Volume Required Per MWRD Based on Ultimate C- Factor of 0.88 = 1.03 Ac -Ft E. Detention Storage Provided SEE EXHIBIT E VOLUME REQUIRED PER MWRD = 1.03 Ac -Ft VOLUME REQUIRED PER VILLAGE = 1.24 Ac -Ft VOLUME PROVIDED = 1.27 Ac -Ft F. Restrictor Design (HWE = 667.00 feet per MWRD #88 -040) Calculation For Storage Pipe Release High Water 667.00 (AS -BUILT HWE) Pipe Invert 660.75 Tailwater Elevation 661.08 then H 5.92 ft Calculate discharge rate based on Bernoulli equation: Q= A (H /(((Ke +Ko) /2 *g) +( (2:57 *(nA2) *L) /(DA(4 /3)))))A0.5 Pipe Diameter 4 inches K. Values then A= 0.0873 ftA2 Concrete Pipe in Headwall and D= 0.33 It Socket of bevel entrance 0.19 L= 6 ft Rounded lip 0.1 Assume Ke 0.43 Square Edge 0.43 and Ko 1.00 Concret pipe, projecting, square edge 0.46 and n 0.013 CMP in headwall, square edge 0.43 Then by substituting in equation Max Q= 1.14 cfs ok .■ t • Storm Water Detention Facility Worksheet Using TP40 (Site & Off -Site Area) & Village Release Rate A. TOTAL TRIBUTARY AREA (A) SITE OFF -SITE TOTAL 3.722 1.08 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area - -�1a80 0.20 1.38 acres Impervious Area o 2,842, - 0.88 3.42 acres 2003 Pervious Runoff Coefficient = 0.50 N/A 2003 Impervious Runoff Coefficient= 0.95 N!A 1988 Pervious Runoff Coefficient = N/A 0.25 1988 Impervious Runoff Coefficient = N/A 0.95 Combined Runoff Coefficient Storm Duration t (hours) Rainfall Intensity i(100) n \hr Drainage Area A (acres) 0.81 0.82 Release Rate Q(o) cfs. Net Composite Runoff Coefficient = 0.81 Storage Required Q i -Q o "t C. RELEASE RATE CALCULATION Site Release Rate Q(Site) - Per 2003 Village Requirements Allowable Release Rate Q = 0.20 cfs per acre = 0.744 cfs (1) Off -Site Release Rate Q(Off -Site) - Per MWRD #88 -040 Existing Runoff Coefficient= c = 0.15 0.81 Area of Site = A = 1.08 acres 7.60 Time of Concentration = tc = 30 minutes 29.57 3 Yr Storm Rainfall Intensity = i = 2.45 inches /hour 28.43 Allowable Release Rate Q = ciA = 0.40 cfs (2) Maximum Allowabe By Release Rate Per MWRD = 1.76 cfs 5.50 Total Release Rate Allowed By Village = (1) + (2) = 1.14 cfs < MWRD Release D. DETENTION STORAGE CALCULATIONS (Site and Off -Site Combined) 20.26 Area Requiring Detention = 4.80 acres (Per MWRD #88 -040) noror,fi,n cr.„o ... r„r inn -voter cr„rm Runoff Coeff. c Storm Duration t (hours) Rainfall Intensity i(100) n \hr Drainage Area A (acres) Inflow Rate Q(i)=ci(100)P (cfs.) Release Rate Q(o) cfs. Storage Rate Q(i) -Q(0) cfs. Storage Required Q i -Q o "t 12 acre-ft. 0.81 0.17 7.60 4.80 29.57 1.14 28.43 0.40 0.81 0.33 5.50 4.80 21.40 1.14 20.26 0.56 0.81 0.50 4.40 4.80 17.12 1.141 15.98 0.67 0.81 0.67 3.70 4.80 14.40 1.14 13.26 0.74 0.81 0.83 3.20 4.80 12.45 1.14 11.31 0.78 0.81 1.00 2.80 4.80 10.89 1.14 9.75 0.81 0.81 1.50 2.10 4.80 8.17 1.14 7.03 0.88 0.81 2.00 1.70 4.80 6.61 1.14 5.47 0.91 0.81 3.00 1.20 4.80 4.67 1.14 3.53 0.88 0.81 4.00 1.00 4.80 3.89 1.14 235 0.92 0.81 5.00 0.84 4.80 3.27 1.14 2.13 0.89 0.81 6.00 0.73 4.80 2.84 1.14 1.70 0.85 0.81 7.00 0.65 4.80 2.53 1.14 1.39 0.81 0.81 8.00 0.58 4.80 2.26 1.14 1.12 0.74 0.81 9.00 0.53 4.80 2.06 1.14 0.92 0.69 0.81 10.00 0.49 4.80 1.91 1.14 0.77 0.64 0.81 11.00 0.46 4.80 1.79 1.14 0.65 0.59 0.81 12.00 0.43 4.80 1.67 1.14 0.53 0.53 0.81 13.00 0.40 4.80 1.56 1.14 0.42 0.45 0.81 14.00 0.38 4.80 1.48 1.14 0.34 0.39 0.81 15.00 0.36 4.80 1.40 1.14 0.26 0.32 0.81 16.00 0.34 4.80 1.32 1.14 0.18 0.24 0.81 17.00 0.33 4.80 1.28 1.14 0.14 0.20 0.81 18.00 0.31 4.80 1.21 1.14 0.06 0.10 0.81 19.00 0.30 4.80 1.17 1.14 0.03 - 0.04 0.81 20.00 0.29 4.80 1.13 1.14 0.00 0.00 0.81 21.00 0.28 4.80 1.09 1.14 0.00 0.00 0.81. 22.00 0.27 4.80 1.05 1.14 0.00 0.00 0.81 23.00 0.26 4.80 1.01 1.14 0.00 0.00 0.81 24.00 0.25 4.80 0.97 1.14 0.00 0.00 STORAGE REQUIRED = 0.92 Ac -ft. EXHIBIT B Storm Water Detention Facility Worksheet For Site Area Only (Per Village Requirements) A. TOTAL TRIBUTARY AREA (A Site 3.722 acres B. DEVELOPED "RUNOFF COEFFICIENT Pervious Area = -:fi8F r� acres Impervious Area = acres 2003 Pervious Runoff Coefficient = 0.50 2003 Impervious Runoff Coefficient= 0.95 1988 Pervious Runoff Coefficient = N/A 1988 Impervious Runoff Coefficient = N/A Combined Runoff Coefficent = 0.81 C. RELEASE RATE CALCULATION Site Release Rate Q(Site) - Per 2003 Village Requirements Allowable Release Rate Q = 0.20 cfs per acre = 0.74 cfs D. Detention Storage Calculations for 100 -Year Storm based on Actual Release Rate: 100 -year, 24 -hour Rainfall Depth = 7.58 inches [Bulletin 70, Table 13, NE Section] Runoff Coeff. c Storm Duration t (hours) Rainfall Intensity i(100) (in\hr) Drainage Area A (acres) Inflow Rate Q(i)=Ci(100)A (cfs.) Release Rate Q(0) (cfs.) Storage Rate Q(i) -Q(o) (cfs.) Storage Required Q i -Q o •t 12 acre -ft. 0.81 0.08 11.37 3.72 34.17 0.74 3 3.42_ 0.22 0.81 0.17 9.53 3.72 28.64 0.74 27.90 _ 0.39 0.81 0.25 8.19 3.72 24.60 0.74 23.85 0.50 0.81 0.33 6.97 3.72 20.93 0.74 20.19 0.56 0.81 0.50 5.61 3.72 16.86 0.74 16.11 0.67 0.81 0.67 4.56 3.72 13.71 0.74 12.97 0.72 0.81 0.83 3.97 3.72 11.94 0.74 11.20 0.78 0.81 1.00 3.56 3.72 10.71 0.74 9.96 0.83 0.81 1.50 2.65 3.72 7.97 0.74 7.23 0.90 0.81 2.00 2.20 3.72 6.61 0.74 5.86 0.98 0.81 100 1.62 3.72 4.86 0.74 4.11 1.03 0.81 4.00 1.28 3.72 3.85 0.74 3.11 1.04 0.81 5.00 1.08 3.72 3.25 0.74 2.51 1.04 0.81 6.00 0.95 3.72 2.85 0.74 2.10 1.05 0.81 7.00 0.83 3.72 2.51 0.74 1.76 1.03 0.81 8.00 0.75 3.72 2.25 0.74 1.50 1.00 0.81 9.00 0.68 3.72, 2.05 0.74 1.31 0.98. 0.81 10.00 0.63 3.72 1.89 0.74 1.15 0.96 0.81 11.00 0.59 3.72 1.76 0.74 1.02 0.93 0.81 12.00 0.55 3.72 1.65 0.74 0.91 0.91 0.81 13.00 0.51 3.72 1.54 0.74 0.80 0.87 0.81 14.00 0.48 3.72 1.45 0.74 0.71 0.83 0.81 15.00 0.46 3.72 1.37 074 0.63 0.79 0.81 16.00 0.43 3.72 1.30 0.74 0.56 0.75 0.81 17.00 0.41 3.72 1.24 0.74 0.50 0.71 0.81 18.00 0.40 3.72 1.19 0.74 0.45 0.67 0.81 19.00 0.38 3.72 1.14 0.74 0.39 0.62 0.81 20.00 0.36 3.72 1.09 074 0.35 0.58 0.81 21.00 0.35 3.72 1.05 0.74 0.31 0.54 0.81 22.00 0.34 3.72 1.01 0.74 0.27 0.50 0.81 23.00 0.33 3.72 0.98 0.74 0.24 0.45 0.811 24.00 1 0.32 1 3.72 0.95 1 0.74 0.20 0.41 STORAGE REQUIRED = 1.05 Ac -ft. EXHIBIT C Storm Water Detention Facility Worksheet For Off -Site Area Only (Per MWRD #88 -040) A. TOTAL TRIBUTARY AREA (A; OFF -SITE 1.08 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area = 0.20 acres Impervious Area = 0.88 acres 2003 Pervious Runoff Coefficient = N/A 2003 Impervious Runoff Coefficient= N/A 1988 Pervious Runoff Coefficient = 015 1988 Impervious Runoff Coefficient = 0.95 Combined Runoff Ccefficent = 0.82 C. RELEASE RATE CALCULATION Off -Site Release Rate Q(OffSite) - Per MWRD #88 -040 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 1.08 acres Time of Concentration = to = 30 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 inches1hour Allowable Release Rate Q = ciA = 0.40 cfs (2) D. DETENTION STORAGE CALCULATIONS (Off -Site Area Onlyi Area Requiring Detention = 1.08 acres n =t =nt nn stnmn= c=i, iimtinnc fnr i nn_Y= =r c+nrm Runoff Coeff. c Storm Duration t (hours) Rainfall Intensity i(100) in \hr ) Drainage Area A (acres) Inflow Rate Q(i)=ci(100)A (cfs.) Release Rate Q(o) (cfs . Storage Rate Q(!) cfs. Storage Required Q i -Q o 't 12 acre -ft. 0.82 0.17 7.60 1.08 6.73 0.40 6.34 0.09 0.82 0.33 5.50 1.08 4.87 0.40 4.48 0.12 0.82 0.50 4.40 1.08 3.90 0.401 3.50 0.15 0.82 0.67 3.70 1.08 3.28 0.40 2.88 0.16 0.82 0.83 1 3.20 1.08 2.84 0.40 2.44 0.17 0.82 1.00 2.80 1.08 2.48 0.40 2.08 0.17 0.82 1.50 2.10 1.08 1.86 0.40 1.46 0.18 0.82 2.00 1.70 1.08 1.51 0.40 1.11 0.18 0.82 3.00 1.20 1.08 1.06 0.40 0.67 0.17 0.82 4.00 1.00 1.08 0.89 0.40 0.49 0.16 0.82 5.00 0.84 1.08 0.74 0.40 0.35 0.14 0.82 6.00 0.73 1.08 1 0.65 0.40 0.25 0.12 0.82 7.00 0.65 1.08 0.58 0.40 0.18 0.10 0.82 8.00 0.58 1.08 0.51 0.40 0.12 0.08 0.82 9.00 0.53 1.08 0.47 0.40 0.07 0.05 0.82 10.00 0.49 1.08 0.43 0.40 0.04 0.03 0.82 11.00 0.46 1.08 0.41 0.40 0.01 0.01 0.82 12.00 0.43 1.08 0.38 0.40 0.00 0.00 0.82 1100 0.40 1.08 0.35 0.40 0.00 0.00 0.82 14.00 0.38 1.08 0.34 0.40 0.00 0.00 0.82 15.00 0.36 1.08 0.32 0.40 0.00 0.00 0.82 16.00 0.34 1.08 0.30 0.40 0.00 0.00 0.82 17.00 0.33 1.08 0.29 0.40 0.00 0.00 0.82 18.00 0.31 1.08 0.27 0.40 0.00 0.00 0.82 19.00 0.30 1.08 0.27 0.40 0.00 0.00 0.82 20.00 0.29 1.08 0.26 0.40 OM 0.00 0.82 21.00 0.28 1.08 0.25 0.40 0.00 0.00 0.82 22.00 0.27 1.08 0.24 0.40 0.00 0.00 0.82 23.00 0.26 1.08 0.23 o.4ol 0.00 0.00 0.82 24.00 0.25 1.08 0.22 0.401 0.00 0.00 STORAGE REQUIRED = 0.18 Ac -ft. EXHIBIT D Storm Water Detention Facility Worksheet Using TP40 (Site & Off -Site Area) A. TOTAL TRIBUTARY AREA (A) SITE 4.80 acres B. DEVELOPED RUNOFF COEFFICIENT Pervious Area - 1 38:. acres Impervious Area 4 "' „�, acres MWRD Pervious Runoff Coefficient= 0.45 MWRD Impervious Runoff Coefficient = 0.90 Combined Runoff Coefficent = 0.77 Combined Runoff Coefficent= 0.88 PER MWRD # 88 -040 C. RELEASE RATE CALCULATION PER MWRD METHOD MWRD Release Rate Q(Off -Site) - Per MWRD #88 -040 Existing Runoff Coefficient = c = 0.15 Area of Site = A = 4.80 acres Time of Concentration = tc = 30 minutes 3 Yr Storm Rainfall Intensity = i = 2.45 inches /hour Allowable Release Rate Q = ciA = 1.76 cfs (2) Maximum Allowabe By Release Rate Per MWRD = 1.76 cfs' This is less than the release rate from MWRD #88 -040 of 1.98 cfs for the north basin. D. DETENTION STORAGE CALCULATIONS (Site and Off -Site Combined) Area Requiring Detention = 4.80 acres Actual Release Rate = 1.14 cfs n) tentinn Rtn Calm datinnc fnr 1 nn - Yaar Rtnrm Runoff Ceeff. c Storm Duration t(hours) Rainfall Intensity i(100) n \hr Drainage Area A (acres) Inflow Rate Q(i)=cj(100)A (cfs.) Release Rate Q(o) cfs. Storage Rate 0(i) -Q(0) cfs. Storage Required Q -Q o "t 12 acre -ft. 0.88 0.17 7.60 4.80 32.10 1.14 30.96 0.44 0.88 0.33 5.50 4.80 23.23 1.14 22.09 0.61 0.88 0.50 4.40 4.80 18.59 1.14 17.45 0.73 0.88 0.67 3.70 4.80 15.63 1.14 14.49 0.81 0.88 0.83 320 4.80 13.52 1.14 12.38 0.86 0.88 1.00 2.80 4.80 11.83 1.14 10.69 0.89 0.88 1.50 2.10 4.80 8.87 1.14 7.73 0.97 0.88 2.00 1.70 4.80 7.18 1.14 6.04 1.01 0.88 3.00 1.20 4.80 5.07 1.14 3.93 0.98 0.88 4.00 1.00 4.80 4.22 1.141 3.08 1.03 0.88 5.00 0.84 4.80 3.55 1.141 2.41 1.00 0.88 6.00 0.73 4.80 3.08 1.14 1.94 0.97 0.88 7.00 0.65 4.80 2.75 1.14 1.61 0.94 0.88 8.00 0.58 4.80 2.45 1.14 1.31 0.87 0.88 9.00 0.53 4.80 2.24 1.14 1.10 0.82 0.88 10.00 0.49 4.80 2.07 1.14 0.93 0.77 0.88 11.00 0.46 4.80 1.94 1.14 0.80 0.74 0.88 12.00 0.43 4.80 1.82 1.14 0.68 0.68 0.88 13.00 0.40 4.80 1.69 1 1.14 0.55 0.60 0.88 14.00 0.38 4.80 1.61 1.14 0.47 0.54 0.88 15.00 0.36 4.80 1.52 1.14 0.38 0.48 0.88 16.00 0.34 4.80 1.44 1.14 0.30 0.39 0.88 17.00 0.33 4.80 139 1.14 0.25 0.36 0.88 18.00 0.31 4.80 1.31 1.14 0.17 0.25 0.88 19.00 0.30 4.80 1.27 1.14 0.13 0.20 0.88 20.00 0.29 4.80 1.22 1.141 0.08 0.14 0.88 21.00 028 4.50 1.18 1.14 0.04 0.07 0.88 22.00 0.27 4.80 1.14 1.14 0.00 0.00 0.88 23.00 0.26 4.80 1.10 1.14 0.00 0.00 0.88 24.00 0.25 4.80 1.06 1-141 0.00 1 0.00 STORAGE REQUIRED PER MWRD = 1.03 Ac -ft. EXHIBIT E1 LOT 2 - PLAZA UNITED SUBDIVISION iect 10 -122E 6Y: T A S :ion: Mount Prospect, l L FUND 1 - WiI OF A(:(:tJS HDAU rtvAu Average Depth rfeetl Volume rcubic feet Volume acre feet Cumulative Average Area Area Depth Cumulative Elevation Area Area Depth Volume Volume Volume feet [Sri 1sq feet ccubic %etl rwe fetl acre feet 662.5 0 d fir.' Acre -Feet I•, °,;j9. '� 0 0.00 ,'- 616 0.5 308 0.01 ,'I.* 663 1,231 , ,.,� -.?' 1, - ;; ,17, ; 0.01 POND 5 Patio An- North of Culvers Elevation fee[ �eaa rtvAu Average Depth rfeetl Volume rcubic feet Volume acre feet Cumulative Elevation Area Area Depth Volume Volume Volume feet s s ffeati rcubic feet facre feetl racre feet 861.1 1 0 2,727 54 7 a �` 0 .. a �. Acre -Feet 84 0.9 76 0.00 W 0.00 662 168 ," IydIII ,'I.* `ti - 0.00 POND 5 Patio An- North of Culvers Elevation fee[ Area 1 1fj — Average Depth rfeetl Volume rcubic feet Volume acre feet Cumulative Elevation Area Area Depth Volume Volume Volume feet s s feet cubicfeet acrefeet acre 864.05 580 2,727 54 15.90 wtmn:x 1� .. a �. Acre -Feet 151 1 143 0.00 �.;�, ht, r 665 452 1 0.00 POND 5 Patio An- North of Culvers Elevation fee[ Area 1 1fj — Average Area Depth rfeetl Volume rcubic feet Volume acre feet Cumulative Volume acre feet 685.20 580 - : J,.t • '� rytl il',. ",� -.z. 0 290 r: 387 2 815 0.01 48 666.79 580 2,727 54 15.90 wtmn:x 1� 0.01 0.04 Acre -Feet 580 0 122 1 �.;�, ht, r 667 580 1 0.02 Pipe Storage Pipe Diameter inches Area (Si Length Provitled Feet Volume Provided Per Plan Cubit:Feet 12 0.79 308 242 15 1.23 91 112 18 1.77 290 512 24 114 335 1,052 48 12.57 217 2,727 54 15.90 575 9,145 Talal 13,790 CF Total 0.32 Acre -Feet TOTAL STORAGE PROVIDED @ 61 (HWE) POND 1 EAST 0.31 Acre -Feet POND 1 WEST 0.52 Acre -Feet POND 2 & 3 0.07 Acre-Feet POND 5 0.02 Acre -Feet Pipe Storage 0.32 Acre-Feet Panting Lot Storage 0.04 Acre -Feet TOTAL 1.27 Acre-Feet EXHIBIT E2 LOT 2 - PLAZA UNITED SUBDIVISION Project: 10 -122E Location: Mount Prospect, IL PARKING LOT STORAGE - SOUTHWEST OF POND 213 PLS1 By: T A S PARKING LOT STORAGE - FAST OF R111LDING /NORTHI rPl S21 Average Cumulative Elevation Area Area Depth V Volume Volume feet s s feet s acre feet acre feet 666.35 0 J =III i �id�� ° 1il , i� „lip �x ��,i , . 0 =� e 1277 447 0.65 291 0.007 667 1,341 ��� _9,1���� Y 1 0.006 i �, 667 0.007 PARKING LOT STORAGE - FAST OF R111LDING /NORTHI rPl S21 PARKING LOT STORAGF - FAST OF R1III DING /SOI ITNI rPl S31 Average Cumulative Cumulative Elevation Area Area Volume Depth Volume Volume Volume feet s s acre feet feet cubic feet acre feet acre feet 666.24 0 �.g .,.t 0 =� e 1277 „`” 0 284 0.007 345 667 0.76 262 1 0.006 � „p,�, 667 1,036 = -,� n�, 0.006 PARKING LOT STORAGF - FAST OF R1III DING /SOI ITNI rPl S31 PARKING LOT STORAGE - ACCESS ROAD fPLS41 Average Cumulative Elevation =Area Area Depth Volume Volume Volume feet s s feet cubic feet acre feet acre feet 666.3 0 r .M ;! , � 0.000 0 „ 1277 406 0.7 1 284 0.007 3,047 667 1,217 :....k �' � „p,�, 0.007 PARKING LOT STORAGE - ACCESS ROAD fPLS41 PARKING LOT STORAGE - WFST OF BLDG AND FAST OF POND 213 rP1 S51 Average Cumulative Elevation Area Area Depth Volume Volume Volume feet s [S fl feet cubic feet acre feet acre feet 666.44 0 �,�� ;! , � 0.000 0 1277 783 0.56 439 0.010 3,047 667 2,350 _ 0.009 � „p,�, 0.010 PARKING LOT STORAGE - WFST OF BLDG AND FAST OF POND 213 rP1 S51 TOTAL PARKING LOT STORAGE = 0.04 Acre -Feet Average Cumulative Elevation Area Area Depth Volume Volume Volume feet s s feet cubic feet acre feet 666.7 0 �,�� ;! , � 0.000 a . u 1277 0.3 383 0.01 u 667 3,047 _ 0.009 TOTAL PARKING LOT STORAGE = 0.04 Acre -Feet ORDINANCE NO. AN ORDINANCE GRANTING CONDITIONAL USES FOR FINAL PLANNED UNIT DEVELOPMENT AND DWELLING UNITS ABOVE FIRST FLOOR AND VARIATION (BUILDING HEIGHT) FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Daveri Development Group ("Petitioner), has filed a petition for Conditional Uses for the Final Planned Unit Development (PUD) and Dwelling Units above First Floor and Variation (Building Height) for property located at 1601 South Busse Road ( "Property') and legally described as and shown on the Plat of Survey, a copy of which is attached and made part of this ordinance as Exhibit "A "; WHEREAS, the Subject Property is legally described as follows: LOT 2 IN PLAZA UNITED RESUBDIVISION OF LOT ONE OF PLAZA UNITED, A RESUBDIVISION OF PART OF THE NORTHEST QUARTER OF SECTION 22 AND PART OF THE NORTHWEST QUARTER OF SECTION 23, BOTH IN TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED ON JUNE 25, 1996 AS DOCUMENT NO. 96489523, IN COOK COUNTY, ILLINOIS; Property Index Number: 08 -23- 100 - 015 -0000, 08 -23- 100 - 014 -0000; and WHEREAS, a Conditional Use for the Preliminary Approval for a Planned Unit Development (PUD) for the property at 1601 South Busse Road was granted April 6, 2011 pursuant to Ordinance No. 5842; and WHEREAS, the Petitioner is now seeking (1) Conditional Use of a Final Planned Unit Development consisting of an existing restaurant with drive - through and a four (4) story mixed use building; (2) Conditional Use for dwelling units above the first floor; and (3) Variation to increase the building height from thirty -five feet (35') to forty -three feet (43'); WHEREAS, a Public Hearing was held on the request for Conditional Uses and Variation designated as PZ- 27 -11, before the Planning and Zoning Commission of the Village of Mount Prospect on the 27 day of October, 2011, pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 12 day of October, 2011; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 27 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit and variations 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: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. Page 2/3 PZ -27 -11 1601 S. Busse Road SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect grant (1) Conditional Use of a Final Planned Unit Development consisting of an existing restaurant with drive - through and a four (4) story mixed use building; (2) Conditional Use for dwelling units above the first floor; and (3) Variation to increase the building height from thirty -five feet (35') to forty -three feet (43') subject to compliance with the following conditions: 1. Development of the site in general conformance with the site plan prepared by Haeger Engineering, dated September 21, 2011; 2. Development of the four -story mixed use building in general conformance with the building elevations prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 3. Development of the four -story mixed use building in general conformance with the floor plans prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011; 4. Development of the site in general conformance with the landscape plan prepared by Cordogan Clark & Associates, Inc., dated September 22, 2011, but revised to comply with Code; 5. Development of the site in general conformance with the photometric plan prepared by Hubbell Lighting, dated September 21, 2011, but revised comply with Code; 6. Submittal of fixture cut - sheets for exterior lights that comply with Village Code; 7. Submittal of a covenant restricting the use of the land designated as land banked parking spaces for future parking. Such covenant shall run with the land and specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership; 8. Submittal of a signed cross access and parking agreement with the adjacent property owner; 9. Prior to the issuance of a development permit, the petitioner shall provide final civil engineering drawings for review and approval by the Village. The engineering drawings shall include all site work including utilities, storm water detention, and associated improvements; 10. Prior to obtaining a Certificate of Occupancy, the Petitioner shall complete the required Plat of Easements, which vacates and grants water main easements as required for the proposed relocation of existing water main; 11. Development of the site in accordance with all applicable Village Codes and requirements, including, but not limited to, detention requirements, Fire Prevention Code regulations, lighting regulations, Sign Code regulations; and building regulations; and 12. A building permit, in accordance with the current regulations and requirements of the Village of Mount Prospect, must be issued within one (1) year from the date of adoption of the enabling ordinance by the Village Board which authorized the development proposal. The development approvals granted herein, without need for further action by any Village board, commission or official, shall become null and void if no building permit is issued within the one (1) year requirement and improvements completed within a period of eighteen (18) months. Page 3/3 PZ -27 -11 1601 S. Busse Road SECTION THREE That 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, 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \files \WIN \ORDINANC \Con Use PUD PZ -27- 1119 -10 1601SBusseApri162011.doc Mount Prospect Public Works Department 1 INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL JANONIS FROM: PROJECT ENGINEER DATE: NOVEMBER 10, 2011 SUBJECT: MFT MAINTENANCE RESOLUTION TRAFFIC SIGNAL MAINTENANCE — $ 86,870.00 Attached is a Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code (BLR 14231) in the amount of $86,870.00. Included in this resolution is the following: Account No. Item 041.80.83.86.0.357.577.002 Traffic Signal Maintenance Budget $86,870.00 This Resolution is required by the Illinois Department of Transportation (IDOT) before the Village can expend Motor Fuel Tax funds. The amount covers both the Village- maintained traffic signals through our annual contract and those traffic signals maintained by IDOT and the Cook County Highway Department in which the Village must reimburse a percentage back to these agencies. For this resolution, it is estimated that $32,000.00 (equal to the maintenance contract) will cover the Village- maintained traffic signals and $54,870.00.00 will cover the IDOT and Cook County Highway Department reimbursements for a total amount of $86,870.00. It is Staff's recommendation that the Village Board of Trustees adopt this resolution. Please include this item on the November 15 Village Board Meeting Agenda. Matthew P. Lawrie I concur with the above recommendation. Sean P, Dor , , 1_ cioCof Public Works Attachment: Resolution h:\ engineering\ traffic \signals\2012maintenance \vb mft memo.doe (t Illinois Department of Transportation BE IT RESOLVED, by the Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code r and Board of Trustees of the (Council or President and Board of Trustees) Village of Mount Prospect Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $86,870.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from January 1, 2012 (Date) to December 31, 2012 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg Illinois. M. Lisa Angell of Mount Prospect , County of Clerk in and for the Village (City, Town or Village) Cook hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees at a meeting on November 15, 2011 (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Village Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer BLR 14230 (Rev. 11/06)