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Home My WebLink About5. New Business 06/17/2014Ik 9 cKint t'rospw Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR AND VILLAGE BOARD OF TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: JUNE 10, 2014 SUBJECT: PERMITS AND FEES As part of the agenda for the June 17, 2014 Village Board meeting a draft recommendation of Appendix A is enclosed for consideration. Appendix A summarizes the changes that the Village Board discussed at the May 13 and 27 Committee of the Whole meetings. The cover memorandums from those Committee of the Whole meetings are also enclosed for background information. A number of years ago Appendix A was created to incorporate any permits and fees in a single location so that any future changes could be made without changing the various ordinances that enable the fee or permit charge. These changes in fees and permits cover the changes discussed for Police, Fire, Community Development, liquor license fees, and yard waste stickers. Village staff recommends approval of the fees and permits listed in Appendix A as previously discussed and consented by the Village Board. �� DAVID STRAH L c: Village Manager Michael E. Janonis HAVILM�AGENDA\VB \Cover Memo VB 6172014 Mtg Fees Permits.docx Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM a 6-1m, TO: MAYOR AND VILLAGE TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: MAY 6, 2014 SUBJECT: PERMIT /PLAN REVIEW /SERVICE FEES — COMMUNITY DEVELOPMENT & FIRE During the recent budget discussion for fiscal year 2014, staff communicated that the Village continues to experience a structural financial deficiency whereby the revenue growth does not match the expenditure growth on a an annual basis. This differential typically is about 1% to 2 %. Therefore, staff undertook a preliminary review of existing fees that are charged for services comparing the current levels to other communities and comparing the cost charged to the actual cost to provide the service in terms of personnel and material costs. General information from Community Development, Fire, Police, Human Services and Public Works was provided to the Village Board members and Finance Commission members at the Financial Planning workshop on April 22. As part of that information staff proposed a more detailed discussion regarding fees and permits in Community Development and Fire Departments initially with a future discussion to cover Public Works, Finance and Police. Staff is recommending consideration of increasing permit, plan review and service fees that is more in line with the average fee levels of comparable communities and cover more of the actual expense of providing the services attached to the fees. There is a certain amount of cross over in terms of fees for smaller projects not covering the expenses for providing the service requested while commercial fees typically make up the difference to generate revenue for departmental operations (Community Development). However, the fees proposed for consideration of change are optional in nature in which they are changed as the service is requested. Background Information Enclosed is a memorandum from Finance Director David Erb highlighting possible revenue enhancements from September 2005, illustrating potential revenues and their impact as projected additional revenue. The information also includes a date in which they were implemented, if any were actually implemented. A number of these revenue options have been implemented based on specific needs and linking revenues to Re: PERMIT /PLAN REVIEW /SERVICE FEES — COMMUNITY DEVELOPMENT & FIRE May 6, 2014 Page 2 specific projects like road funding covered by MFT, gas tax, and vehicle sticker fees, Community Development Building Permits: The information provided from Community Development proposes changes in building permits and planning /zoning fees which were last updated in 2003. The current building permit fees generate approximately $878,000. The average general residential permit fee in comparable communities is $43.25. Community Development is suggesting an increase to at least $50 which could generate approximately an additional $38,000. An increase to $75 could generate an additional $93,000. The fee is based on a minimum valuation of $7500 and projects with valuations above $7500 increasing by $10 per every $1000 in valuation above $7500. This increase in minimum value will simplify the process compared to the current minimum valuation set at $1000. Staff is also recommending eliminating fee add ons for individual electrical circuits, plumbing fixtures as part of this change in fees. Increasing the fees to $75 would cover the overall costs of the permit processing. Reinspection Fees: Staff is not recommending an increase in these fees at this time since the fees charged are the actual cost for the inspection contractor to perform the re- inspection. Rental Inspection Licensing: Staff is not recommending an increase in these fees at this time since the current fees are adequate in comparison to other surrounding communities. Zoning Fees: Staff is recommending increasing these variation fees to actually cover the cost of the notices and publications for single family homes from $100 to $250. The sliding scale for commercial variances is adequate to these services since the fees are based on the size of the project and most commercial projects tend to be larger than residential variances. Fire Department Permit and Plan Review Fees: The permit and plan review fees were compared to 18 other communities in the area. Based on that review the department is recommending increasing the fees to cover more of the actual cost of providing the services. The review and the staff time investment for fire suppression systems fees currently is not adequate based on the personnel cost of approximately $50 per hour. The fee changes are outlined in the Plan Review Summary provided by the Fire Department and is projected to generate a minimum amount of additional revenue of $35,000 - $45,000 inclusive of the additional fee items or more depending on the volume of activity. The Fire Department is recommending new and restructured fees to include a review fee for egress review, and expedited plan review fee, and a re- inspection fee.These fees are Re: PERMIT /PLAN REVIEW /SERVICE FEES — COMMUNITY DEVELOPMENT & FIRE May 6, 2014 Page 3 only charged as needed. Ambulance Fees: The Village has been charging Ambulance fees since 2006. The Village charges the Medicare rate for Medicare eligible residents and Medicare rates plus $100 for non - residents. The average rates charged by comparable communities shows the Village rate is significantly lower than average. Health insurance providers will pay a higher rate for transport than the Medicare rate for non - Medicare eligible recipients as is shown in the rates from other communities. Staff recommends increasing the ambulance billing rates to the average rates among comparable communities. A general additional revenue estimate is for every $100 increase in fees the revenue increases by approximately $200,000. The actual cost per ambulance response is approximately $2036. Recommendations Staff will be present from Fire, Community Development, and Finance to provide any additional background that may be needed as part of the discussion. Based on the analysis of the comparable fees the Village could realize additional revenue by increasing fees to the average among comparable communities and bring the fees closer to the actual cost of providing the services, but not the entire cost. DAVID STRAHL c: Village Manager Michael E. Janonis HAVILM\BUDGET\2015 \5132014 CO\MVB Fee Discussion CD Fire Memo.docx Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR AND VILLAGE BOARD OF TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: MAY 20, 2014 SUBJECT: DISCUSSION ON POLICE /PUBLIC WORKS /FINANCE/VMO FEES During the recent budget discussion for fiscal year 2014, staff communicated that the Village continues to experience a structural financial deficiency whereby the revenue growth does not match the expenditure growth on an annual basis. This differential typically is about 1% to 2 %. Therefore, staff undertook a preliminary review of existing fees that are charged for services comparing the current levels to other communities and comparing the cost charged to the actual cost to provide the service in terms of personnel and material costs. General information from Community Development, Fire, Police, Human Services and Public Works was provided to the Village Board members and Finance Commission members at the Financial Planning workshop on April 22. As part of that information staff proposed a more detailed discussion regarding fees and permits in Community Development and Fire Departments which took place on May 13, 2014. The discussion this evening will include fees in Public Works, Finance, Village Manager's Office, and Police. Staff is recommending consideration of increasing fees to an amount that is more in line with the average fee levels of comparable communities and to cover more of the actual expense of providing the services attached to the fees. Staff is further recommending that the fee discussion focus on the comprehensive fee package within each department and not focus on one specific fee. Police Department The Police Department has numerous fines and fees associated with various activities that they undertake as part of the overall service to the community. The Police Department has attached a general information memorandum outlining all the current fees and comparison with surrounding communities. There is also an estimate of the amount of revenue that could be generated through the recommended changes in the fees. Re: DISCUSSION ON FINANCE /POLICE /PUBLIC WORKSNMO FEES May 20, 2014 Page 2 Vehicle Sticker Enforcement The current practice is that if a resident is cited they have the opportunity to avoid the citation fine of $36 if they come in (within 10 days) and purchase the vehicle sticker at the current rate at the time plus a 50% to 100% penalty for not purchasing on time depending on the time of the purchase. The estimated amount of revenue that is written off through this practice is about $70,000. Police staff is recommending continuing this practice to encourage compliance. The write off practice of the tickets is not without cost to the Village in terms of staff time to enter and delete the tickets once the citations are issued. General Parking Citations The general overhead cost per citation is calculated at $11.05. All general parking citations are set at $20 per violation currently and police staff is recommending different levels of fines depending on the violation. • General Parking Violations The current citation level of $20 has not changed in 33 years. The police staff recommends increasing the fine level to $30. This is for general parking violations and does not apply to commuter parking lots or fire and fire hydrant violations. • Fire Lane and Fire Hydrant Violations The police staff is recommending an increase to $50 from $20 due to the seriousness of the violation and the interest to deter parkers from using the fire lane. This recommended increase would be comparable to other surrounding communities, but still below the average rate. The average rate is $70.38. Failure to Pay Daily Commuter Parking Fee This is the citation for not paying for the commuter fee. Generally parkers that forget or are rushed to get to the train have utilized the ability to mediate the tickets through notifying the police while on the train or paying once they return and the ticket is forgiven. Police personnel keep track of the mediated tickets so there is no blanket forgiveness for repeated violations. The recommended fine increase to $50 from $20 will deter parkers from taking the risk of using parking here compared to the paying parking rates downtown. • Handicap Parking Violations No Change. General Local Compliance Tickets The general enforcement costs are calculated at $17.34 per citation. • Equipment Violation Staff is recommending an increase from $20 to $30 which is still slightly below the average of surrounding communities of $35.63. • Seat Belt and Distracted Driving Violations Staff is recommending an increase from $20 to $50 based on the seriousness of the violation and the citation allows Re: DISCUSSION ON FINANCE /POLICE /PUBLIC WORKSNMO FEES May 20, 2014 Page 3 the driver to avoid court and court costs and any points against the driver's license. Burglar Alarms and False Alarm Fees Staff estimates that it costs a minimum of $26.92 in staff time for a residential alarm response and a minimum of $47.72 for a commercial alarm response. • Licensing Fee Staff is recommending the fee remain the same at this point and review it again as part of the FY 2017 budget discussion. False Alarm Fees Staff is recommending changing from a seven tier system to a four tier system for ease of administration. A four tier system would allow for the first two activations to be free, activations 3 -5 set at $50 each, activations 6 -9 set at $100 each, and any activations beyond 10 set at $150 each. This would provide economic incentive to address the reason for the false alarm sooner by the owner of the alarmed facility. Parkinq (Boot) Fee Staff is recommending no change at this time. Parental Responsibility Fee Staff is recommending no change at this time Animal Licensinq Fee Staff is recommending that this not be considered at this time based on the cost of administration and the limited value that might be obtained from the licensing. Barkinq or Stray Dogs Staff is recommending increasing this fee from $25 to $30 to be in line with other surrounding communities rates. The staff time required for responding to these calls ranges from $16.43 to $26.63 depending on whether the time required of the call is % hour or' /2 hour. Other Animal Violations The current fee of $100 is adequate and could be revisited in FY 2016, if necessary. Public Works /Finance The vast majority of fees that Public Works charges and collects are pass through costs for services provided by a third party or set through the development process. Examples of such fees are the meter connection costs. There is an attached memorandum from Finance that illustrates the issue with the yard waste sticker not covering its costs. There is a need to address the cost of the yard waste stickers since the current fee no longer covers the cost of the sticker. Staff is recommending the fee increase to keep up with the cost as the sticker fee increases. Re: DISCUSSION ON FINANCE /POLICE /PUBLIC WORKS/VMO FEES May 20, 2014 Page 4 The current fee is $2.25 with a direct fee paid to our vendor in the amount of $2.24. In addition, the Village pays outside retailers $.05 per sticker sold as a handling fee so the stickers sold outside the Village facilities are not covering the cost of the stickers charged to the Village by the vendor. The cost of the sticker, by contract, is to increase by the CPI of between 2% and 4% annually. To keep the sticker ahead of the cost increases for the next few years, staff is recommending the fee increase to $2.50. Village Manager's Office (VMO) There is an attached memorandum that illustrates the current fees for liquor licenses and the fees from surrounding communities in addition to an analysis of the options for increasing the fees. A chart is also included showing the different classes as closely as they match up among communities since some classes are depicted slightly differently in other communities compared to Mount Prospect. The current liquor license fees are below average in a number of classes, however, recommending the fees increase to the average amount possess some issues with the Village license matrix. The Village license fee structure has differentials in license fees based on the variety of alcohol that the business serves or sells. For example, the license fee for a restaurant with a lounge is higher than a restaurant that only serves beer and wine at the tables. This differential is available because there is not as much opportunity for a beer and wine service provider to have as many sales options to serve and charge for the same variety of beverages available under a lounge license which would include a wider variety of service options. Based on the complexities of increasing the fees to the comparable community average, staff is recommending increasing the liquor license fees 10% for select licenses, which is the first increase in fees since the early 1990s. The staff is not recommending an increase in the fee for licenses for non - profit establishments, recently created corkage and cosmetic classes, or the movie theater class. The 10% increase will retain the differential between the classes as already established by the Village fee matrix. Summary: Appropriate departmental staff will be present to answer any questions regarding the recommendations presented. It is recommended that the discussion of the proposed changes be undertaken in a general fashion for time efficiency purposes. DAVID STRAHL c: Village Manager Michael E. Janonis HAVILM\BUDGE112015 \5272014 COMB Fee Discussion Police PW Fin VMO Memo.docx o COMMITTEE OF THE WHOLE MINUTES May 13, 2014 CALL TO ORDER — ROLL CALL The meeting was called to order at 7:00 p.m. in the Village Board Room of the Village Hall, 50 South Emerson Street, by Mayor Arlene Juracek. Trustees present included Paul Hoefert, John Korn, Steven Polit, Richard Rogers and Michael Zadel. Trustee John Matuszak was absent. Staff present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Community Development Director Bill Cooney, Fire Chief John Malcolm, and Fire Marshall Brian Loomis. APPROVAL OF MINUTES OF THE COMMITTEE OF THE WHOLE FOR APRIL 8, 2014 Motion made by Trustee Hoefert seconded by Trustee Polit minutes were approved. CITIZENS TO BE HEARD Dale Stewart, 20 S. Main, President IAFF, Local 4119 spoke. He wanted to present information to the Village Board regarding the pending Minimum Manning Bill. He stated this bill would not take away local control. The Labor Relations Act does not exclude manning from negotiations and the topic has been left to the courts. This bill is to eliminate the need for constant challenges by the attorneys and accept the court ruling. He stated that money is being spent unnecessarily and there is misleading information stating that the approval of this bill would cost the Village millions which is incorrect. He stated this legislation would have no impact on staffing and allows for input only to the number of staff and that the union supports the return of Engine 13. He said there had been safety issues in other towns and that this is also part of the reason for the bill. He also stated that pensions are not a problem due to the sweeteners as have been talked about in the press. He stated that there are three issues that have been identified by COGFA, loopholes in actuarial analysis, the market crash, and the failure to contribute the required pension amount. He stated the Village has made the required contributions in the past. He also stated the Village pays Social Security for IMRF employees but does not for public safety. Mayor Juracek responded by stating the municipal position is different than that of the unions and there were changes in benefits before the funding was in place for the sweeteners. The Minimum Manning issue is related to local control. There is a discussion underway with the General Assembly exploring different options. Committee of the Whole Page 1 of 4 5/13/14 Tony Halachoulis, President of the Mount Prospect Police Pension Board spoke. He stated that he is here to respond to concerns regarding the information that has been put out that stated 30% of the property tax goes to pension costs based on the amount the Village collects. He stated this is incorrect. He also stated the sweeteners are well in the past and the changes were funded when they were put in place. He stated the suggested scenario of raising the retirement age does not work since it causes an older workforce. He stated there is no social security available to these employees and that they contribute over 9% of their wages toward pensions now. He stated there has been a failure to tell the public that pension contributions may not be mandatory as IMRF. He also stated there was a 1993 law change in the funding method and the claims that there would be shortages at that time has now come true. Mayor Juracek stated the problems of the public safety pensions also reside in the compounding of the cost -of- living increase and the lack of investment returns. The percentage of the property tax that the Village collects for Village purposes continues to be more devoted to pension costs than general fund purposes. She stated she appreciates the two sides of the issue. IV, COMMUNITY DEVELOPMENT / FIRE DEPARTMENT FEE DISCUSSION Assistant Village Manager Strahl provided an overview of the fee structure within the Community Development and Fire Departments. He stated the general idea is to raise fees and permits to the approximate average of comparable communities since the Village is significantly behind in the amount that is charged. He also stated that the fees charged do not cover the actual personnel and material costs of providing the service. He further stated that any increase would still not cover the total expense of providing the service but should narrow the gap considerably. He stated this discussion is part of an element of the strategic plan regarding the fiscal position of the Village. He stated it is common for the Village to have a structural deficit of 1% to 2% between revenues and expenditures on an annual basis. The proposed increases in permits and fees will help narrow that gap but not be eliminated. The discussion this evening is limited to the Community Development and Fire departments with another discussion regarding Public Works, Police and Finance department related fees in the near future. He stated these fees are only charged when service is requested. He stated that staff was originally recommending an increase for building permits to a $75 amount for projects under $7500 with an additional fee of $10 per $1000 per project cost above that minimum; in addition staff has provided information regarding a permit increase to a minimum of $50 for a permit project cost under $5000 as an alternative. General consensus Village Board was to increase the base permit fee to $50.. Committee of the Whole Page 2 of 4 5/13/14 Assistant Manager Strahl also stated an increase in the planning and zoning fees required for variances from $100 to $250 would cover more of the direct costs associated with the process. This fee is only applied when variances are filed. General consensus of the Village Board was to increase the fee to $250 to cover the expense and increasing the fee might also encourage more creativity to avoid variance filing by finding a solution without a variance to begin with. Assistant Manager Strahl provided information regarding the proposed increase for fire inspection services based on a $50 per hour inspection costs and a plan review fee increase based on a $60 per hour cost. He stated the vast majority of these fees are related to commercial projects and fees charged by the department are significantly below the average of comparable communities. It is also recommended that new fees be added for egress review and second re- inspections. General consensus of the Village Board was to approve the staff recommendation to increase the fees based on the schedule provided. Assistant Manager Strahl provided an overview of the ambulance fees currently charged. He stated residents do not see a bill, the information is collected regarding their insurance and their insurance or Medicare is billed directly by the Village's billing agent. Residents do not receive a balance bill on the difference between what the Village charges and what their insurance or Medicare pays. Nonresidents; however, do receive a balance bill if their insurance or Medicare does not cover the charge which is the resident rate plus $100. He proposed ambulance rates of $750 for ALS2, $550 for ALS, and $475 for BLS services. Non - resident rates would be $100 in addition to these proposed rates. He stated the current cost of an actual call response is about $2000. General consensus of the Village Board was to increase the fees based on the staff recommendations including allocating the cost per call. The Village Board supports the change in fees after considerable discussion. V. CHAPTER 5 CODE REVISIONS Village Manager Janonis stated this chapter applies to other Boards and Commissions and how they operate excluding the Village Board. He stated this chapter standardizes the appointment process and operations of each commission or board using common terms. He stated one of the significant changes was in Article 2 which consolidated the governing process as it applies to all boards and commissions and establishes rolling term limits with standard quorum requirements and agendas. He stated the revisions also placed the Youth and Community Relations Commission on inactive status. Committee of the Whole Page 3 of 4 5/13/14 General consensus of the Village Board was to support these changes with the recommendation that members of each board commission is listed along with their terms on the Village website. VI. MANAGER'S REPORT Village Manager Janonis stated the Public Works Open House is this Saturday, May 17 from 9:00 a.m. to 1:00 p.m. He added from May 16 through May 18 is the Village wide garage sale and the downtown car shows will be starting on the 17th. VII. ANY OTHER BUSINESS Trustee Hoefert inquired as to the status of the meeting with the residents of See Gwun regarding the change in the speed humps and the proposed traffic changes. Manager Janonis stated there will be a public discussion with residents in an open house forum as soon as it can be scheduled and hopefully at Lincoln Middle school. VIII. ADJOURNMENT Adjournment motion was made by Trustee Korn second by Trustee Rogers to adjourn. The meeting adjourned at 9:05 p.m. DAVID STRAHL Assistant Village Manager Committee of the Whole Page 4 of 4 5/13/14 Cll!r:�iC'' COMMITTEE OF THE WHOLE MINUTES May 27, 2014 I. CALL TO ORDER — ROLL CALL The meeting was called to order at 7:00 p.m. in the Village Board Room of the Village Hall, 50 South Emerson Street, by Mayor Arlene Juracek. Trustees present included Paul Hoefert, John Korn, John Matuszak, Steven Polit, Richard Rogers and Michael Zadel. Staff present included Assistant Village Manager David Strahl, Administrative Assistant to the Village Manager Doreen Jarosz, Chief of Police Michael Semkiu, Deputy Police Chief Timothy Janowick, Commander Michael Eterno, Sergeant Timothy Griffin and Administrative Intern Alexander Bertolucci. II. APPROVAL OF COMMITTEE OF THE WHOLE MINUTES FOR MAY 13. 2014 Motion made by Trustee Matuszak seconded by Trustee Rogers to approve the minutes of May 13, 2014. Minutes were approved. III. CITIZENS TO BE HEARD None IV. POLICE /PUBLIC WORKS /FINANCE/VILLAGE MANAGER'S OFFICE FEE REVIEW Assistant Village Manager Strahl stated this is the second part of the discussion regarding permits and fees as the first discussion was held on May 13, 2014 and reviewed fees from Community Development and Fire. He provided an overview of fees from the Police, Public Works, Finance and Village Manager Office. He stated the Police Department fees would be the majority of the discussion since staff recommended that business licenses fees remain at their current rate, and the majority of Public Works Department's fees are pass through costs for services provided by a third party that are currently adequate. He stated the Police Department fee review includes parking violations, general compliance violations, burglar alarms license and false alarms. He stated the review compared current fees with surrounding communities, and also estimated staff costs and potential revenues generated by the recommended fee changes. Assistant Manager Strahl stated general parking violations are set at $20 and have not changed in 33 years and general overhead cost per citation is $11.05. He stated that staff recommends different fines that depend on the violation and presented the recommended fine amounts; $30 for a general parking violation, $50 for a fire lane and fire hydrant violation due to the seriousness of the violation, and $50 for a daily commuter parking violation to deter parkers from taking the risk of using parking here compared to pay parking rates in downtown Chicago. General consensus of the Village Board was to increase fees as recommended by staff except for fire lane and fire hydrant violations. The Village Board determined to increase Committee of the Whole Page 1 of 3 05/27/14 the fire lane and fire hydrant violation fee to $75 to reinforce the seriousness of the violation. Assistant Manager Strahl presented staff's recommendation to adjust the general local compliance tickets. He stated the general enforcement costs are calculated at $17.34 per citation and citation fees are currently $20. Staff recommends an equipment violation of $30 compared to the surrounding communities' average of $35.63, and seat belt and distracted driving violation fee to increase from $20 to $50 based on the seriousness of the violation. General consensus of the Village Board was to increase fees as recommended by staff except for distracted driving violations. The Village Board determined to separate seat belt and distracted driving violations to allow for the distracted driving violation to increase to $75 due to the significance of the matter. Assistant Manager Strahl provided information on burglar alarms, false alarms and barking or stray dog violations. He stated the Village has a seven tier false alarm fine matrix for burglar alarms and staff recommends the adoption of a four tier structure to truncate the number of false alarms with no change to the alarm license fee. General consensus of the Village Board was to implement a four tier false alarm fee matrix and increase the barking or stray dog violation fee per staff's recommendation. Assistant Manager Strahl provided an overview of the yard waste sticker fee. He stated the stickers sold outside the Village facilities do not cover cost of the stickers charged to the Village by the vendor. The purposed increase of $0.25 in the yard waste sticker to $2.50 should be sufficient to cover the cost of the program through 2017. General consensus of the Village Board approved staff's recommended yard waste sticker fee increase of $0.25. Assistant Manager Strahl provided information on the current fees for liquor licenses and synthesized the analysis of optional fee increases. He stated the ability to maintain the liquor license fee matrix among the various services levels took priority over adjusting the fees toward the surrounding communities' average since the license purpose is to encourage the applicant to use the license that meets their needs. He stated staff recommended a 10% increase to select licenses and $50 increase in the initial application fee. He stated this would be the first increase in fees since the early 1990s. Staff recommends license fees for non - profit establishments, recently created corkage and cosmetic classes, and the movie theater class to remain at the current rates. General consensus of the Village Board was to increase the fees based on staff's recommendations. Assistant Manager Strahl stated that the fees and permits discussed at tonight's meeting and on May 13, 2013 will be brought before the Village Board for a first reading on June 17, 2014. Committee of the Whole Page 2 of 3 05/27/14 V. MANAGER'S REPORT None VI. ANY OTHER BUSINESS Trustee Korn commented on City of Chicago's consideration to increase the 911 /Emergency Service Tax for cell phones from $2.50 to $3.90. VII. ADJOURNMENT The meeting adjourned at 8:18 p.m. ALEXANDER BERTOLUCCI Administrative Intern Committee of the Whole Page 3 of 3 05/27/14 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 13,17 AND 18 AND APPENDIX A, DIVISIONS II AND III, OF THE VILLAGE CODE OF MOUNT PROSPECT 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 1: Section 13.301, "Compensation, Powers and Duties of Commissioner" of Chapter 13, Alcoholic Liquors, as listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be amended to reference paragraph E.5 instead of paragraph E.3. SECTION 2: A new Subsection G of Section 17.110, "Violation Citations" of Chapter 17 of the Mount Prospect Village Code shall be added. Section 17.110(G) shall read as follows: G. Effective February 1, 2015, the violation claim described in the citation to be issued pursuant to the terms of this chapter, may be settled, compromised and paid in the respective amounts set forth in Appendix A, Division III of this code. (Ord. 2509, 7 -2 -1974; amd. Ord. 3205, 4 -20 -1982; Ord. 3539, 6 -4 -1985; Ord. 4756, 9 -5 -1995; Ord. 4875, 7 -15 -1997, 2 -1 -1998; Ord. 5189, 5 -15- 2001), Ord. , eff. 6- -2014. SECTION 3: Section 18.100, "Adoption by Reference of the Illinois Vehicle Code" of Chapter 18 of the Mount Prospect Village Code shall be deleted and amended as follows: Section 18.100: ADOPTION BY REFERENCE OF THE ILLINOIS VEHICLE CODE: The Illinois Vehicle Code, Chapter 625 of the Illinois Compiled Statutes, is hereby adopted by reference in its entirety, along with any and all subsequent amendments thereto, as though fully set forth in this Chapter 18. Unless otherwise specified in this Chapter 18, the penalties and all administrative 3302591 1 revocation or suspension procedures are included in this adoption by reference. Any proceeding resulting from a violation of an Illinois Vehicle Code regulation, written as a violation of the Village Code, shall be deemed to be a civil matter for purposes of burden of proof and rules of court. The only exceptions to this shall be citations written for offenses permitting incarceration as a penalty or if the Illinois Vehicle Code specifies otherwise. The fact that a particular activity is proscribed or regulated in both the Illinois Vehicle Code and another section of Chapter 18 shall not affect either the validity of this adoption by reference or the validity of the Village Code regulation. Any regulation found in the Illinois Vehicle Code may be cited as a regulation of the Village Code by placing before it the number 18 -_. (For example, section 11- 601(a) of the Illinois Vehicle Code would be Section 18- 11- 601(a) as a section of the Village Code.) (Ord. 4283, 3 -19- 1991). SECTION 4: A new Subsection N of Section 18.1322, "Violation Citations" of Chapter 18 of the Mount Prospect Village Code shall be added. Section 18.1322(N) shall read as follows: N. Any person found guilty of a violation of this section shall be fined as set forth in Appendix A, Division III of this Code for each offense. Ord. eff. 6- -2014. SECTION 5: A new Subsection D of Section 18.1530, "Seat Safety Belts" of Chapter 18 of the Mount Prospect Village Code shall be added. Section 18.1530(D) shall read as follows: D. Any person found guilty of a violation of this section shall be fined as set forth in Appendix A, Division III of this Code for each offense. Ord. eff. 6- -2014. SECTION 6: Section 8.1003, "Fee Established (Ambulance Service)" as listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted in its entirety and amended as follows: A. Level of medical care received BLS (basic life support) Section 8.1003: FEE ESTABLISHED (Ambulance Service): $475.00 330259_1 2 SECTION 7: Section 13.204, "Classifications" as listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted in its entirety and amended as follows: Section 13.204: CLASSIFICATIONS: A. Fees for Classifications: 1. Package licenses (P): Class P -1 ALS1 ALS2 A mileage rate of $8.00 per mile will be added to the base fee for any level of medical care received. $550.00 $2,200.00 $750.00 $1,925.00 Class P -4 B. Level of medical care received $2,200.00 BLS (basic life support) $575.00 ALS1 $650.00 ALS2 $850.00 A mileage rate of $8.00 per mile will be added to the base fee for any level of medical care received. C. Level of medical care received BLS (basic life support) $575.00 ALS1 ALS2 A mileage rate of $8.00 per mile will be added to the base fee for anv level of medical care received. $650.00 $850.00 D. Level of medical care received BLS (basic life support) $475.00 ALS1 $550.00 ALS2 $750.00 A mileage rate of $8.00 per mile will be added to the base fee for any level of medical care received. SECTION 7: Section 13.204, "Classifications" as listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted in its entirety and amended as follows: Section 13.204: CLASSIFICATIONS: A. Fees for Classifications: 1. Package licenses (P): Class P -1 $2,200.00 Class P -2 $2,200.00 Class P -3 $1,925.00 Class P -4 $1,650.00 Class P -5 $2,200.00 2. Food service licenses (F); Class F -1 $2,200.00 Class F -2 $1,650.00 Class F -3 $2,750.00 330259,1 3 Class F -4 $750.00 Class F -5 $2,200.00 Class F -6 $2,500.00 Class F -7 $750.00 3. Specialty licenses (S): Class S -1 $2,750.00 Class S -2 $2,750.00 Class S -3 $2,200.00 Class S -4 $1,650.00 Class S -5 $3,000.00 Class S -6 $250.00 Class S -7 $1,100.00 Class S -8 $2,750.00 Application for a Local Liquor License: Nonrefundable application fee: $300.00 (See Sec. 13.201 above for annual license fee.) Descriptions and Restrictions: (No application fee is required for Permits or Endorsements.) Permits; Temporary: Specific Temporary Permit Fees: a. Non -Mount Prospect Caterer's Permit: $100.00 per day b. Ad Hoc Temporary Permit: To be set by the commissioner, considering staff time and other employee involvement, not to exceed $100.00 per day. Endorsements: 1. Sampling Endorsement: $25.00 per day; $1,000.00 annually 2. Mount Prospect Caterer's Endorsement: $75.00 per day 3. Outdoor Entertainment Endorsement: $0 4. Corkage Endorsement: $250.00 F. Certifications: 330259_1 4 Specific Certifications: Management Entity Certification: $750.00 Nonrefundable application fee: $300.00 SECTION 8: Section 14.204, "Zoning Fees" of Chapter 14 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 14.204: ZONING FEES: Conditional uses: 1. All individual lot single - family requests $250.00 2. Other properties less than 1 acre $250.00 3. Other properties greater than 1 acre and less than 5 acres $500.00 4. Other properties greater than 5 acres and less than 10 acres $1,250.00 5. Other properties greater than 10 acres and less than 15 acres $1,500.00 6. Other properties greater than 15 acres $2,500.00 Variations: 1. All individual lot single - family requests [$250.00 r 2. Other properties less than 1 acre . $250.00 3. Other properties greater than 1 acre $500.00 Map amendments (rezoning). 1. Properties less than 1 acre $250.00 2. Properties greater than 1 acre and less than 5 acres $500.00 { 3. Properties greater than 5 acres and less than 10 acres $1,250.00 4. Properties greater than 10 acres and less than 15 acres $1,500.00 ENROL . 330259 5 5. Properties greater than 15 acres $2,500.00 Other requests. 1. Text amendment $500.00 I — - 2. Appeal $250.00 3. Modification to an approved PUD requiring planning and zoning approval $250.00 4. Special hearing fee (all requests) $500.00 5. Zoning compliance review fee: 1 a. All individual lot single - family requests $50.00 �b. All other + $150.00 SECTION 9: Section 21.303, "Building Permit Fees" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.303: BUILDING PERMIT FEES: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. SECTION 10: Section 21.304, "Electrical Permit Fees" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.304: ELECTRICAL PERMIT FEES: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. 330259 1 6 Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. The fees for examination of plans when plans are submitted that are not in conjunction with construction or plumbing shall be $25.00. SECTION 11: Section 21.305, "Plumbing Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.305: PLUMBING PERMIT FEES: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. Water connection tap -on fee: The "water connection tap on fee" shall be based upon the size of the water tap made into the water system. The schedule of taps and charges shall be as follows: Size Of Tap Charges 1 inch $300.00 1 1 / 2 inches r$375.00 2 inches $450.00 3 inches $900.00 4 inches [$1,500.00 }, 6 inches $2,250.00 4 ' 8 inches $3,000.00 10 inches 1 $3,750.00 All applicants for water service shall provide and pay the costs of construction, both labor and material, of the water service from the main to the premises to be served. This construction work in connection with the water service shall be performed by a licensed plumber who has filed with the village a properly 330259_1 7 executed bond. The water meter shall be furnished by the village and a charge made to cover the cost of such meter. For the connection charge, the village will inspect the water service to determine that the construction thereof is in accordance with specifications established by the village for the regulation of the water and sewer system. Chlorination fee: A chlorination fee of $40.00 shall be assessed for each water main and fire main system. SECTION 12: Section 21.306, "Gas Piping Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.306: GAS PIPING PERMIT FEES: Minimum fee: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. SECTION 13: Section 21.307, "Air Conditioning and Refrigeration Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.307: AIR CONDITIONING AND REFRIGERATION PERMIT FEES: Minimum fee: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. SECTION 14: Section 21.308, "Mechanical Equipment Installation Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.308: MECHANICAL EQUIPMENT INSTALLATION PERMIT FEES: 330259_1 8 Minimum fee: Minimum permit fee shall be $50.00. Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. Fire protection system fees shall be as follows: Fire Department Permit and Plan Review Fees PERMIT FEES Automatic Fire Sprinklers Number of New or Relocated Sprinklers 1 —20 $100.00 21 —100 $175.00 101-200 $200.00 201 —300 $250.00 301 —400 $350.00 401-500 $450.00 Over 500 $1.00 per sprinkler Standpipes Systems $150.00 for each standpipe system Fire Pumps $200.00 each pump regardless of size Fire Alarm Systems $200.00 for any system Miscellaneous Fire Suppression Systems $200.00 Other Suppression Systems $200.00 Kitchen Hoods $200.00 Underground Tanks (install /remove) $150.00 Gasoline Storage Tanks $200.00 Re- Inspection Fee (after second inspection) $100.00 Final Inspection Fee (commercial only) $50.00 SECTION 15: Section 21.309, "Sewer Permit Fees" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.309: SEWER PERMIT FEES: Sewer Connection Tap -On Fee: $150.00 for each separate building connection which contains not more than 10 water outlets or floor drains discharging to the sanitary sewer system. For each additional water outlet or floor drain contained in said premises in excess of 10 outlets there shall be an additional sewer connection tap -on fee for said connection of $25.00 per water outlet or floor drain. 330259 1 9 Additional Fee: 1. 2% of the construction cost of the improvements when such cost is $50,000.00 or less. 2. 1.5% of the construction cost of the improvements when such cost is over $50,000.00. SECTION 16: Section 21.314, "Elevator, Escalator and Dumbwaiter Permit and Inspection Fees" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.314: ELEVATOR, ESCALATOR AND DUMBWAITER PERMIT AND INSPECTION FEES: Permit fees: $100.00 Semiannual inspection fee: $50.00. Reinspection fee: $50.00. Late fee: 110% of both the semiannual and reinspection fees. SECTION 17: Section 21.315, "Plan Examination Fees" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: PLAN REVIEW EXAMINATION FEES Fire Sprinklers Residential (13D) J$120.00 Commercial: Number of New or Relocated Sprinklers 1 —20 21 —2 201 —500 330259_1 Section 21.315: PLAN EXAMINATION FEES: For garages, normal accessory buildings for single - family homes, and miscellaneous plans: $40.00. In all instances where the plans submitted for review are required to be examined by the fire department for compliance with rules, regulations and specifications under its jurisdiction, there shall be an additional fee charged as follows: Fire Department Permit and Plan Review Fees $120.00 $180.00 $240.00 10 Greater than 500 $360.00 Fire Pump $120.00 Standpipes $120.00 Fire Alarm $120.00 Miscellaneous $60.00 Other Suppression Systems $120.00 Tent $40.00 Eqress (Commercial Only) * ** Less than 1,000 sq. ft. $6 0.00 1,000 to 2,500 sq, ft. $120.00 2,500 to 5,000 sq. ft. $180.00 Greater than 5,000 sq. ft. $240.00 Greater than 50,000 sq. ft. $320.00 Greater than 100,000 sq. ft. $480.00 Re- Review Fees (after second review) $120.00 _ Expedited Plan Review Fee 1.5 times permit (five day turn around) and plan review fee SECTION 18: Section 21.316, "Gasoline Storage Tank Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted. SECTION 19: Section 21.320, "Fence Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.320: FENCE PERMIT FEES: Fee: $50.00. SECTION 20: Section 21.322, "Driveway Permits" of Chapter 21 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 21.322: DRIVEWAY PERMIT FEES: Minimum fee: Minimum permit fee shall be $50.00. 330259 1 11 Cost of the work authorized by said permit does not exceed $5,000.00: $50.00. Cost of the work exceeds $5,000.00: $50.00 for the first $5,000.00 of cost, plus $10.00 for each additional $1,000.00 of cost or fraction thereof. SECTION 21: Section 23.1713, "Charges for Response to False Alarms and Reports" of Chapter 23 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 23.1713 — CHARGES FOR RESPONSE TO FALSE ALARMS: SECTION 22: Section 23.1815, "License to Operate Rental Structures" of Chapter 23 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 23.1815: LICENSE TO OPERATE RENTAL STRUCTURES: B. 3. License application fee: Single- family Structure or Condominium Unit: $75.00. Multi - Family Structure: $40 per unit. SECTION 23: Section17.110, "Violation Citations" of Chapter 17 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 17.110: VIOLATION CITATIONS: E. Effective February 1, 2015, the violation claim described in the citation to be issued pursuant to the terms of chapter 17 of this code, may be settled, compromised and paid in the respective amounts set forth in the following schedule: 1. In the event that said payment is made prior to the mailing by the village of a notice of nonpayment, $40.00 shall be accepted as payment. 330259 1 12 Third — Fifth response $50.00 Sixth — Ninth response $100.00 Tenth response or more $150.00 SECTION 22: Section 23.1815, "License to Operate Rental Structures" of Chapter 23 listed in Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 23.1815: LICENSE TO OPERATE RENTAL STRUCTURES: B. 3. License application fee: Single- family Structure or Condominium Unit: $75.00. Multi - Family Structure: $40 per unit. SECTION 23: Section17.110, "Violation Citations" of Chapter 17 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 17.110: VIOLATION CITATIONS: E. Effective February 1, 2015, the violation claim described in the citation to be issued pursuant to the terms of chapter 17 of this code, may be settled, compromised and paid in the respective amounts set forth in the following schedule: 1. In the event that said payment is made prior to the mailing by the village of a notice of nonpayment, $40.00 shall be accepted as payment. 330259 1 12 2. In the event that payment has not been paid prior to the mailing of such notice of nonpayment and in fact a notice of nonpayment has been mailed, $60.00 shall be accepted as settlement. 3. In the event that payment has not been paid within the time prescribed in the notice of nonpayment and a final notice has been mailed, $95.00 shall be accepted in settlement. 4. In the event that payment is not made within the time prescribed in the final notice and a notice to appear has been served or a complaint filed in the circuit court of Cook County, payment of any fine and costs shall be in such amount not less than $95.00 nor more than $300.00 as may be determined and established by the circuit court of Cook County for any such offense. SECTION 24: A new Section 18.1303(A)(2)(b), "Parking Within 15 Feet of Fire Hydrant" listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be added. Section 18.1303(a)(2)(b) shall read as follows: Section 18.1303(A)(2)(b): PARKING WITHIN 15 FEET OF FIRE HYDRANT: Fine: At least $75.00, but not to exceed $500.00. SECTION 25: Section 18.1305, "Violation of Parking Regulations; Leased Vehicles" of Chapter 18 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 18.1305: VIOLATION OF PARKING REGULATIONS; LEASED VEHICLES: Finn At laact T, 3n nn hi it not to axr.Parl %1 on on SECTION 26: Section 18.1321, "Obstructing Fire Lanes" of Chapter 18 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 18.1321: OBSTRUCTING FIRE LANES: Fine: At least $75.00. but not to exceed $500.00. 330259_1 13 SECTION 27: Section 18.1322, "Pay Parking Zones" of Chapter 18 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 18.1322: PAY PARKING ZONES: Fine: At least $50.00. but not to exceed $200.00. SECTION 28: A new Section 18.1530, "Seat Safety Belts" listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be added. Section 18.1530 shall read as follows: Section 18.1520: Seat Safety Belts: Fine: At least $50.00. but not to exceed $500.00. SECTION 29: Section 18.1905, "Obstructing Fire Lanes" of Chapter 18 listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be deleted and amended as follows: Section 18.1905: PENALTIES (General Traffic): A. Fine: Not less than $100.00 nor more than $1,500.00. C. 1. Payment: $30.00 for chapter 18, article XIII, of this code, violations, except Sections 18.1303(A)(2)(b), 18.1321, 18.1322 and 18 -12- 601.1; $50.00 for Section 18.1322, violations; $75.00 for Sections 18.1303(A)(2)(b), 18.1321 and 18 -12- 601.1, violations. 2. Payment: $50.00 for chapter 18, article XIII, of this code, violations, except Sections 18.1303(A)(2)(b), 18.1321, 18.1322 and 18 -12- 601.1; $75.00 for Section 18.1322, violations; $100.00 for Sections 18.1303(A)(2)(b), 18.1321 and 18 -12- 601.1, violations. 3. Payment: $75.00 for chapter 18, article XIII, of this code, violations, except Sections 18.1303(A)(2)(b), 18.1321, 18.1322 and 18 -12- 601.1; $100.00 for Section 18.1322, violations; $150.00 for Sections 18.1303(A)(2)(b), 18.1321 and 18 -12- 601.1, violations. 330259_1 14 SECTION 30: A new Section 18 -12 -601.1 "Distracted Driving" listed in Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be added. Section 18 -12 -601.1 shall read as follows: Section 18 -12- 601.1: Distracted Driving: Fine: At least $75.00, but not to exceed $500.00. SECTION 31: That 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 .2014- Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk 330259_1 15 RE, •• KINS, LTD, Attorneys at Law Mr. Sean Dorsey Deputy Director of Public Works Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606 -2903 T 312 984 6400 F 312 984 6444 DD: 312- 984 -643.0 dgwalsh@ktjlaw.com September 9, 2009 Re: 1000 -1060 S. Elmhurst Mount Prospect, Illinois 60056 Dear Mr. Dorsey: 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462 -5353 T 708 349 3888 F 708 349 1506 www.ktjlaw.com In furtherance of my July 29, 2009 correspondence, enclosed please find the Limited Environmental Indemnity Agreement (and copy) which Golf Plaza II Shopping Center, LLC ( "Golf Plaza II ") will provide to the Village. Protection against future claims and contamination associated with the Groundwater Ordinance is provided to the Village through this Environmental Indemnity Agreement. In the Agreement, Golf Plaza II has agreed on behalf of itself, its successors and assigns, at its sole cost and expense to indemnify, defend and hold the Village and the Village's former, current and future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively referred to as "Village Affiliates ") both in their capacities as Village representatives and as individuals, harmless from and against any loss, actions, responsibilities, obligations, liability, damage, claims, penalties, fines, injunctions, suits, proceedings, disbursements or expenses arising under or relating to any environmental laws or any other liabilities which may be incurred by or asserted against any of the Village Affiliates, resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the presence of hazardous materials on, in or from the Golf Plaza II property (including the groundwater thereunder) and /or any condition of any property (including groundwater) or surface water alleged to have been caused by the migration, transportation, release or threatened release of hazardous materials on or from the Golf Plaza II property. In addition to this indemnity, if the Village encounters hazardous materials while working in, on, under or near the Golf Plaza II property (including but not limited to such areas as within municipal easements and /or Right -of -Ways) or encounters hazardous materials migrating from the Golf Plaza II property, the Village has the right to remove the contaminated soil or groundwater from the area it is working in and intends to do work and to dispose of those materials as it deems appropriate not inconsistent with the applicable environmental laws so as to avoid causing a further release of the hazardous materials and to protect human health and the environment. In any event, Golf Plaza II shall reimburse the reasonable costs incurred by the Village to perform the site investigation and to dispose of any contaminated soil or groundwater. If asked, Golf Plaza II will cooperate with the Village in the removal and disposal of such soil and groundwater and will sign all necessary documents and manifests for the proper transportation and disposal of the soil and/or groundwater. 2404581 Mr. Sean Dorsey Page 2 September 9, 2009 If Hazardous Materials are found anywhere within the boundaries of the proposed Groundwater Ordinance, there is a presumption that the Hazardous Materials migrated from and are attributable to the Indemnitor's Property. Thus, the area of the Groundwater Ordinance is something the Village should carefully consider. In the attached Ordinance, Golf Plaza II is requesting a limited area specific to the vicinity of the Shopping Center. The Village may wish to expand that Ordinance area. Please let me know how you would like to proceed at this point. If the Village intends to adopt the Ordinance as presented, please have the appropriate person at the Village sign the Indemnity Agreement and return a copy to me so that I can pass it along to Golf Plaza II. If you should have any questions, please do not hesitate to call me. Very truly yours, KLI ': THORPE AND JENKINS, LTD. Dennis G. Walsh Enclosure cc: Michael Janonis, Village Manager Everette M. Hill, Jr., Village Attorney 2404581 This document prepared by: Dennis G. Walsh Klein, Thorpe and Jenkins, Ltd. 20 N. Wacker Drive — Suite 1660 Chicago, Illinois 60606 For Recorder's Use Only ENVIRONMENTAL INDEMNITY AGREEMENT This ENVIRONMENTAL INDEMNITY AGREEMENT is entered into as of the day of , 2014, by GOLF PLAZA II SHOPPING CENTER, LLC ( "Indemnitor ") and the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois (the "Village "). RECITALS A. WHEREAS, Indemnitor is the owner of certain real property located at 1000 -1060 S. Elmhurst, Mount Prospect, Illinois ( "Indemnitor's Property ") and legally described in Exhibit A ; and B. WHEREAS, a release to the environment of contaminants associated with dry cleaning activities has occurred in the past at the Indemnitor's Property. As a result of said release, the groundwater at the Indemnitor's Property contains detectable concentrations of contamination. The groundwater impacted by contamination may extend beyond the Indemnitor's Property; and C. WHEREAS, Indemnitor desires to limit any potential threat to human health from groundwater impacted with the contaminants and has requested that the Village enact a groundwater ordinance ( "Groundwater Ordinance ") that prohibits the installation of new groundwater wells for potable water supply in an area adjacent to and including the Indemnitor's Property. The proposed Groundwater Ordinance is attached hereto as Exhibit B . NOW, THEREFORE, in consideration of the terms and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. This Limited Environmental Indemnity Agreement ( "Agreement ") is not binding upon the Village until it is executed by the undersigned representative of the Village of Mount Prospect and, prior to execution, this Agreement constitutes an offer by Indemnitor. The duly authorized representative of Indemnitor has signed this Agreement, and this Agreement is binding upon Indemnitor, its successors and assigns. 238647_1 2. The Village agrees that it will adopt the Groundwater Ordinance provided, however, that if the Village does not adopt the Groundwater Ordinance or rescinds the Groundwater Ordinance, this Agreement shall be deemed null and void, and Indemnitor shall have no other remedy against the Village. No breach by the Village, its agents, trustees, employees and its successors in interest of a provision of this Agreement is actionable in law or equity by Indemnitor against the Village, and Indemnitor hereby releases the Village and Village Affiliates (as defined below) from any cause of action it may have against them arising under this Agreement or Environmental Laws (as defined below), regulations or common law. Specifically, Indemnitor knowingly waives and releases the Village and/or Village Affiliates from any and all claims, debts, dues and obligations of every kind and nature under the Illinois and United States Constitutions as well as under any federal or state statutes or laws, including but not limited to environmental laws related to the subject matter of this Agreement. Indemnitor further waives all remedies (including those which may be available under the Civil Rights Act) which are available to it for the violations of any of the terms of this Agreement, including but not limited to the equitable remedy of specific performance, and agrees not to seek injunctive relief of any sort. Indemnitor covenants not to sue the Village and/or Village Affiliates for a violation of any provision or terms of this Agreement. 3. Indemnnitor on behalf of itself, its successors and assigns does hereby covenant and agree, at its sole cost and expense, to indemnify, defend and hold the Village and the Village's former, current and future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively "Village Affiliates "), both in their capacities as Village representatives and as individuals, harmless from and against any loss, actions, responsibilities, obligations, liability, damage (whether direct or consequential), expenses, claims (whether asserted or unasserted, direct or indirect, existing or inchoate, known or unknown, having arisen or to arise in the future), penalties, fines, injunctions, suits (including but not limited to suits alleging or related to personal injury and/or death), proceedings, disbursements or expenses (including, without limitation, attorneys' and experts' fees and disbursements and court costs) (collectively, the "Liabilities "), arising under or relating to any Environmental Laws (as defined below), or any other Liabilities which may be incurred by or asserted against any of the Village Affiliates resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the presence of Hazardous Material (as defined below) on, in or from the Indemnitor's Property (including the groundwater thereunder) and /or any condition of any property (including grOUndwater) or surface water alleged to have been caused by the migration, transportation, release or threatened release of Hazardous Materials on or from the Indemnitor's Property. Indemnitor shall assume the expense of defending all suits, administrative proceedings and disputes of any description with all persons, entities, political subdivisions or government agencies arising out of the matters to be indemnified under this Agreement. In the event that the Village or any of the Village Affiliates is /are named as a defendant(s) in any lawsuit arising out of the matters to be indemnified under this Agreement, the Village and /or any of the Village Affiliates shall have the right to choose the attorney(s) who represent(s) them in said lawsuit, and the reasonable costs, expenses and fees associated with said attorney(s) in relation to said lawsuit shall be paid by Indemnitor pursuant to the indemnification provisions herein. Indemnitor shall pay, promptly upon entry, any nonappealable order, judgment or other final resolution of any claim or dispute arising 2386471 2 out of the matters to be indemnified under this Agreement and shall pay promptly when due any fines, penalties or agreed settlements arising out of the matters to be indemnified under this Agreement. In the event that such payment is not made, the Village or any Village Affiliate, at their sole discretion, may proceed to file suit against the Indemnitor to compel such payment. Indemnitor also agrees that it will not settle or compromise any action, suit or proceeding with the Village's prior written consent, which consent shall not be unreasonably withheld. For purposes of this Agreement, "Hazardous Materials" means and includes contaminants, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions or related materials, and any items defined as hazardous, special or toxic materials, substances or waste under any Environmental Law, or any material which shall be removed from property located within the Village of Mount Prospect pursuant to any administrative order or enforcement proceeding or in order to place said property in a condition that is suitable for ordinary use. Hazardous Materials shall include each and every element, compound, chemical mixture, contaminant, pollutant, material waste or other substance which is defined, determined or identified as hazardous or toxic under Environmental Law or the release of which is regulated under Environmental Laws. "Environmental Laws" collectively means and includes any present and future local, state, federal or international law, statute, ordinance, order, decree, rule, regulation or treaty relating to public health, safety or the environment (including those laws relating to releases, discharges, emissions or disposals to air, water, land or groundwater, to the withdrawal or use of groundwater, to the use, handling, storage, disposal, treatment, transportation or management of Hazardous Materials) including, without limitation, the Resource Conservation and Recovery Act, as amended ( "RCRA "), 42 U.S.C. §6901, et seg. the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. §9601, et seq ., as amended by the Superfund Amendments and Reauthorization Act of 1986 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq. the Clean Water Act, 33 U.S.C. §1251, et seq. the Clean Air Act, as amended, 42 U.S.C. §7401, et seq. the Toxic Substances Control Act, 15 U.S.C. §2601, et seq. the Safe Drinking Water Act, 42 U.S.C. §300f, et seq. the Occupational Safety and Health Act, 29 U.S.C. §655, et seq. the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136, et seq., the National Environmental Policy Act, 42 U.S.C. §4321, et seq. the Emergency Planning and Community Right -to -Know Act, 42 U.S.C. §11001, et seq. and the Illinois Environmental Protection Act, and the amendments, regulations, orders, decrees, permits, licenses or deed restrictions now or hereafter promulgated thereunder. In addition to the indemnity provided above, if the Village or Village Affiliates encounter Hazardous Materials while working in, on or under or near the Indemnitor's Property (including but not limited to such areas as within municipal easements and/or Right -of -Ways) or encounter Hazardous Materials migrating from Indemnitor's Property, the Village has the right to remove contaminated soil or groundwater from the area it is working and intends to do work and to dispose of them as it deems appropriate not inconsistent with applicable Environmental Laws so as to avoid causing a further release of the Hazardous Materials and to protect human health and the environment. If Hazardous Materials are found anywhere within the boundaries of the proposed Groundwater Ordinance, there is a presumption that the Hazardous Materials migrated from and are attributable to the Indemnitor's Property. 238647 1 3 The removal or disposal shall be based upon the site investigation (which may be modified by field conditions during excavation), which Indemnitor may review or may perform, if requested to do so by the Village. If practicable, as determined by the Village, the Village may request Indemnitor to remove and dispose of the contaminated soil and/or groundwater necessary for the Village's work in advance of that work. In any event, Indemnitor shall reimburse the reasonable costs incurred by the Village to perform the site investigation and to dispose of any contaminated soil or groundwater. The parties understand and agree that the Village's soil and groundwater removal will be in conjunction and/or associated with other work being done by the Village in, on, under or near the Indemnitor's Property, and part of the purpose of this paragraph is that if the Village encounters contaminated soil and/or groundwater while working on its utilities, or on a municipal project or otherwise, it will not be responsible in any way for the cost associated with encountering, removing and/or disposing of the contaminated soil and/or groundwater. In addition, it is specifically understood and agreed between the parties that the Village will not be identified at any time, in any place, document or manifest as the owner, generator or transporter of contaminated soil or groundwater taken from Indemnitor's Property, If asked, Indemnitor will cooperate with the Village in the removal and disposal of such soil and groundwater and will sign all necessary documents and manifests for the proper transportation and disposal of the soil and/or groundwater. 4. If requested by the Village, Indemnitor shall immediately deliver to the Village any and all records, documents (including writings, drawings, graphs, charts, photographs, phono records, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form), or reports of any kind (including all written, printed, recorded or graphic matter however produced or reproduced and all copies, drafts and versions thereof not identical in each respect to the original) which relate or refer (which means, in addition to their customary and usual meaning, assess or assessing, concern or concerning, constitute or constituting, describe or describing, discuss or discussing, embody or embodying, evidence or evidencing, mention or mentioning and reflect or reflecting) environmental matters and/or conditions associated directly or indirectly with the Indemnitor's Property (including the groundwater thereunder), including but not limited to written reports or a site assessment, environmental audits, soil test reports, water test reports, laboratory analysis and documents, reports or writings relating or referring to the Indemnitor's Property provided, however, that nothing in this paragraph shall require the Indemnitor to deliver to the Village those communications and documents that are encompassed by the attorney-client privilege and/or the attorney work product doctrine. 5. Any notice required or permitted to be given to either party shall be deemed to be r Certified received by such party (i) three (3) days after deposit in the United States Registered o Mail, Return Receipt Requested, or (ii) one (1) business day after deposit with a nationally recognized overnight delivery service guaranteeing next business day delivery, or (iii) upon personal delivery to the party to whom addressed provided that a receipt of such delivery is obtained, or (iv) on the same business day as transmitted and confirmed by telecopy provided that a confirmation copy is concurrently deposited in United States Certified or Registered Mail, Return Receipt Requested. Such notices shall be addressed to the parties at the following addresses: 2396471 4 If to Indemnito Golf Plaza II Shopping Center, LLC. 285 W. Dundee Road Palatine, IL 60067 Attn: Anthony DiMucci Facsimile No.: (847) 991 -9728 If to the Village Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Attn: Michael Janonis, Village Manager Facsimile No.: (847) 392 -6022 and with a copy to: Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive - Suite 1660 Chicago, Illinois 60606 -2903 Attn: Dennis G. Walsh Facsimile No.: (312) 984 -6444 or to the parties at such other addresses or telecopy numbers as they may designate by notice to the other party as herein provided. 6. This Agreement has been made and delivered in Illinois and shall be construed according to and governed by the internal laws of the State of Illinois without regard to its conflict of law rules. If any provision hereof shall be held invalid, prohibited or unenforceable under any applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall be limited to such provision and shall not affect or invalidate the other provisions hereof or affect the validity or enforceability of such provision in any other jurisdiction, and to that extent, the provisions hereof are severable. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 7. Failure of the Village to require performance of any provision of this Agreement shall not affect the Village's right to require full performance thereof at any time thereafter, and the waiver by the Village of a breach of any provision of this Agreement shall not constitute or be deemed a waiver of a similar breach in the future, or any other breach, or nullify the effectiveness of such provisions of this Agreement. The rights and remedies of the Village of this Agreement are cumulative. The exercise or use of any one or more thereof shall not bar the Village from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise or use of any right or remedy by the Village waive any other right or remedy. The parties are aware of 42 U.S.C. §9607(e), and waive any rights they may otherwise have to assert that such statute does not permit, or renders invalid, the waivers or indemnity provisions contained in this Agreement. 8. This Agreement shall be binding upon the Indemnitor and the successors and assigns. No transfer of Indemnitor's rights or obligations hereunder shall be made without the prior written approval of the Village's Board of Trustees, which approval shall be with their reasonable discretion. 2386471 5 9. The parties shall record a certified (by the Village Clerk) copy of this Environmental Indemnity Agreement in the office of the Cook County Recorder of Deeds and upon recordation thereof, the covenants, conditions and obligations of the Indemnitor hereto shall be binding upon its successors in title and shall be deemed covenants which shall run with the land until the termination of this Agreement. In addition, this Environmental Indemnity Agreement shall constitute a lien on the Indemnitor's Property for the payment of all sums due the Village under the terms hereof as well as for the performance of all other covenants, conditions and obligations required of the Indemnitor. In the event the Indemnitor or the current or any subsequent owner of the Indemnitor's Property fails to pay the amounts owed to the Village under this Agreement in its entirety or fails to meet its /their other covenants, conditions and obligations hereunder, any such unpaid amount or expenses incurred by the Village shall accrue interest at the rate of nine percent (9 %) annually until paid, and the Village shall be entitled to foreclose this lien against the Indemnitor's Property, for said unpaid amount in the same manner as provided by law for the foreclosure of mortgages. The lien of this Agreement shall be superior to any subsequent liens or encumbrances which may attach to the Indemnitor's Property, except real estate taxes, and the lien of any future mortgage, encumbrance or evidence of indebtedness shall be subject and subordinate to the lien of this Agreement. The Village shall be entitled to all fees (including reasonable attorney's fees) and expenses incurred in connection with recording this lien and foreclosing on the same. The payment of said sums of money to be paid hereunder shall be the obligation of Indemnitor and any successors in title to the Indemnitor's Property, and no conveyance of the aforesaid Indemnitor's Property shall relieve Indemnitor, or any subsequent owner, of said obligation. In the event of a default in any payment to the Village, in addition to the remedy of foreclosure of this lien, the Village shall have all other rights and remedies against Indemnitor or any subsequent owner of the Property for the collection of said monies. Indemnitor specifically represents and warrants it is the legal titleholder of the Indemnitor's Property and that title to the Indemnitor's Property will not be transferred to any other persons or entity until this Environmental Indemnity Agreement has been first recorded in the office of the Cook County Recorder of Deeds. 10. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or restated except by a writing signed by each of the parties hereto. In construing this Agreement or determining the rights of the parties hereunder, no party shall be deemed to have drafted or created this Agreement or any portion thereof. 11. Indemnitor will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by the Village in enforcing the covenants and agreements of this Agreement. 12. The executing representatives of the parties to this Agreement represent and certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind that party to it. 13. As additional consideration for and assurance of performance of this Agreement, Indemnitor tenders to the Village, and the Village accepts the Guaranty of Performance and Payment attached to this Agreement as Exhibit C . 238647 „ ryry 1 IN WITNESS WHEREOF, the parties have executed this Limited Environmental Indemnity Agreement as of the day, month and year first above written. VILLAGE OF MOUNT PROSPECT GOLF PLAZA II SHO'PPI G' CENTER, LLC Name: Title': e Title: Member/Manager r , 2386471 7 Exhibit A 2386471 1000 -1060 S. Elmhurst, Mount Prospect, Illinois The Parcel Index Numbers (PINS) for the site are the following: 08 -14 -204 -022, 08 -14- 204 -023, and 08 -14- 204 -024. The legal description for the property is as follows: LOTS 1, 2 AND 3 IN DIMUCCI'S RESUBDIVISION OF LOT 3 THROUGH 7, BOTH INCLUSIVE, IN JUHNKE'S SUBDIVISION OF PART OF THE NORTHEAST ' / 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 11 EAST, OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON FEBRUARY 27, 1979, AS DOCUMENT NUMBER LR 3077963, (EXCEPT THAT PART OF LOT 1 TAKEN BY CONDEMNATION IN CASE NO. 98L50464), IN COOK COUNTY, ILLINOIS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOTS 2 AND 3, SAID LINE ALSO BEING THE SOUTH LINE OF THE NORTHEAST ' / 4 OF SECTION 14, A DISTANCE OF 804.54 FEET TO A POINT; THENCE NORTH 01 DEGREES 05 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 721.10 FEET TO A POINT; THENCE NORTH 89 DEGREES 30 MINUTES 30 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 350.00 FEET TO A POINT; THENCE NORTH 01 DEGREES 05 MINUTES 00 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 2, A DISTANCE OF 250.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 30 MINUTES 30 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOTS 1 AND 2, SAID LINE ALSO BEING THE SOUTH LINE OF GOLF ROAD, A DISTANCE OF 418.72 FEET TO A POINT; THENCE SOUTH 01 DEGREES 05 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID LOTS 1, 2 AND 3, SAID LINE ALSO BEING THE WEST LINE OF ELMHURST ROAD, A DISTANCE 942.02 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. CONTAINING 696,179.5 SQUARE FEET OR 15.9821 ACRES, MORE OR LESS, KNOWN AS: GOLF PLAZA II SHOPPING CENTER Exhibit B 2386471 ORDINANCE NUMBER AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WHEREAS, a certain property located within the Village of Mount Prospect, Illinois at the southwest corner of South Elmhurst Road and Golf Road has been used over a period of time as a former dry cleaners and gasoline service station; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the Village of Mount Prospect may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the Village of Mount Prospect desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1 : Use of groundwater as a potable water supply prohibited. The use of, or attempted use of, groundwater, as a potable water supply, from within the property boundaries of the property located at 1000 -1060 S. Elmhurst, Mount Prospect, Illinois and the properties identified in the attached map (Exhibit A) by the installation or drilling of wells or by any other method is hereby prohibited. This prohibition applies to governmental bodies, including the Village of Mount Prospect. SECTION 2: Penalties. Any person violating the provisions of this ordinance shall be subject to a fine of up to $750.00 for each violation. SECTION 3 : Definitions. "Person" is any individual, partnership, co- partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. 330215_1 "Potable water" is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. SECTION 4 : Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. SECTION 5 ; Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. SECTION 6 : Effective date. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. SECTION 7: That 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 a 2014 Arlene A. Juracek Village President ATTEST: M. Lisa Angell Village Clerk 3302151 2 Y a a a u I N k' 750 E GOLF RDAD Y 08-13- 107 - 0011 - 0000 LOaATim IF THE Fall M DRY a..ENM LOCATWX tr IRE DAT Sa'AMNH 1 I Y Y p a — Y J y KS C L�7 LLI A,tl 1 p a in °a n to I� u Y tx Y a I wr a I u a N fi I GOLF PLAZA U A. 1 N SHOPPING I 08 -14- 204 - 022 -0000 I 08-14 -- 204 -023- 0000' I 08- 14204— 24 -0000' a V aRA N I l 8 Y Y - N I N I F wr ✓ �� 4 Y I . r Y I N LEGEND Y RE"M11I0N SITE BOUNDARY AREA O GROUNDWATER ORDMANCS O p ENVIRONMENTAL LOC. 1000 -1060 S ELMHURST ROAD, MT. PROSPECT, IL PROTECTION INDUSTRIES 16650 SOUTH CANAL, SOUTH HOLLAND, IL 60473 TITLE. EXHIBIT A — GROUNDWATER ORDINANCE AREA DATE: I I 6/10/14 I A.L. I A.L.1 J.B. I A.N. DWG NO. 9434GW OB NO. 9434 SCALE: 1' =150' 1 FIG. 1 Exhibit C 2386471-1 GUARANTY OF PERFORMANCE AND PAYMENT In consideration of, and as an inducement for the granting, execution and delivery of the Environmental Indemnity Agreement dated 2014 (hereinafter called the "Indemnity Agreement "), by the Village of Mount Prospect, Illinois, the municipality therein named (hereinafter called the "Village ") to GOLF PLAZA II SHOPPING CENTER, LLC the Indemnitor therein named (hereinafter called "Golf Plaza "), the undersigned, (hereinafter called the "Guarantors "), hereby unconditionally, absolutely, irrevocably, jointly and severally guarantee as to the Village, its successors and assigns, the full and prompt payment of all the sums and charges payable by Golf Plaza, its successors and assigns, under the Indemnity Agreement, and full performance and observance of all covenants, terms, obligations, conditions and agreements therein provided to be performed and observed by Golf Plaza, its successors and assigns; and the Guarantors hereby covenant and agree to act with Village, its successors and assigns, that if default shall at any time be made by Golf Plaza, its successors and assigns, in the payment of any sums due and owing to the Village, payable by Golf Plaza under said Indemnity Agreement, or in the performance of any of the terms, covenants, obligations, provisions, agreements or conditions contained in said Indemnity Agreement, the Guarantors will forthwith pay such sums to the Village, its successors and assigns, and any arrearage thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, obligations, conditions, agreements and provisions and will forthwith pay to the Village all damages that may arise in consequence of any default by Golf Plaza, its successors and assigns, under the Indemnity Agreement including, without limitation, all reasonable attorney's fees incurred by the Village or caused by any such default and by the enforcement of this Guaranty. 2386621 Exhibit C This Guaranty is an absolute, continuing and unconditional Guaranty of payment and of performance of suretyship. It shall be enforceable against the Guarantors, jointly and severally, their respective representatives, successors and assigns and heirs, without the necessity for any suit or proceedings on the Village's part of any kind of nature whatsoever against Golf Plaza, its successors and assigns, and without the necessity of any notice of non - payment, non- performance, or non - observance on any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantors might otherwise be entitled, all of which the Guarantors hereby expressly waive; and the Guarantors hereby expressly agree that the validity of this Guaranty and the obligations of the Guarantors hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Village against Golf Plaza, or Golf Plaza's successors and assigns, of any of the rights and remedies reserved to the Village pursuant to the provisions of the Indemnity Agreement. The Guaranty shall be a continuing Guaranty, and the liability of the Guarantors hereunder shall in no way be affected, modified or diminished by reason of any assignment, renewal, modification or extension of the Indemnity Agreement or by reason of any modification or waiver of or change in any of the terms, covenants, conditions, obligations, agreements or provisions of the Indemnity Agreement, or by reason of any extension of time that may be granted by the Village to Golf Plaza, its successors and assigns, or by reason of any dealings or transactions or matter or things occurring between the Village and Golf Plaza, its successors and assigns whether or not notice thereof is given to the Guarantors. This Guaranty cannot be assigned, transferred, modified, changed, altered or terminated in any manner whatsoever without the express written consent of the Village. 238662 1 2 The Guarantors agree that this Guaranty Agreement shall not be discharged, limited, impaired or affected by (1) either the existence or non - existence of Golf Plaza as a legal entity; (2) the transfer of Golf Plaza of all or any part of the real estate or Property described in the Indemnity Agreement; (3) the power or authority of Golf Plaza to enter into the Indemnity Agreement; or (4) the operations of any present or future provision of the United States Bankruptcy Code or similar statute, or from the decision of any court, including without limitation, any proceedings with respect to the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all of the assets, the marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, imposition or readjustment of, or similar proceedings affecting Golf Plaza or any of the Guarantors hereunder or any of their assets, it being expressly understood and agreed that no such proceeding shall affect, modify, limit or discharge the liability or obligation of the Guarantor hereunder in any manner whatsoever, and that said Guarantor shall continue to remain absolutely liable under this Guaranty to the same extent, and in the same manner as if such proceedings had not been instituted. The Guarantors agree that no provision of the Guaranty or right of the Village can be waived, nor can the Guarantors be released from any obligation hereunder, except by a written document executed by the Village. Dated // 2009 SUBSCRIBED and SWORN TO before me this / day of 2009. Not• y Public GUARANTORS 238662_1 OFFCK � 3 r LYNN ICY NOTARY ftKX - VA?E OF ILLM M NK GOIiN/SSION E�NlS�Hr12 SUBSCRIBED and SWORN TO before me this day of 2014 Notary Public SUBSCRIBED and SWORN TO before me this day of ..2014 Notary Public SUBSCRIBED and SWORN TO before me this day of 2014 Notary Public 2386621 4