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06/17/2013
I/CITY OFA `` IIA «. 18 35 MI 1' NJ/ DES PLAINES % ILLINOIS 7 Cite Council Agenda Monday, June 17, 2013 Executive Session — 6:00 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION SETTING THE PRICE FOR SALE OR LEASE OF PROPERTY PENDING & IMMINENT LITIGATION PERSONNEL REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PRESENTATION • LIFE SAVING AWARD TO EVANSTON POLICE OFFICER SEAN O'BRIEN • LIFE SAVING AWARD TO OFFICER STEVEN DICKSON • 2013 ARTS COUNCIL SCHOLARSHIP WINNERS CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS EXECUTIVE SESSION ACTION (if reported out) SETTING THE PRICE FOR SALE OR LEASE OF PROPERTY PENDING & IMMINENT LITIGATION PERSONNEL DRAFr`. 6/11/2013 9:20 AM Monday, June 17, 2013 City of Des Plaines City Council Agenda CONSENT AGENDA: 1. Minutes/Special Meeting — April 18, 2013 2. Minutes/Special Meeting — April 21, 2013 3. Minutes/Special Meeting — May 16, 2013 4. Minutes/Special Meeting/Executive Session — May 16, 2013 5. Minutes/Regular Meeting — June 3, 2013 6. Minutes/Executive Session — June 3, 2013 7. Minutes/Special Meeting — June 5, 2013 8. Minutes/Special Meeting — June 6, 2013 9. Approve Prevailing Wage Ordinance for Laborers, Mechanics, and Other Workers who are Employed in the Performance of Public Works Projects as Required by the Illinois Prevailing Wage Act 9a. FIRST READING — ORDINANCE M-13-13/Prevailing Wage Act Ordinance 10. Approve Annual Membership Dues for 2013-2014 to the Northwest Municipal Conference (NWMC) in the Amount of $25,528.00; Budgeted Funds — Elected Office, Membership Dues 1Oa. RESOLUTION R-102-13/Annual NWMC Dues for 2013-2014 11. Award Bid for the Purchase of a Branch Chipper to Lowest Qualified Bidder Alexander Equipment Company, Inc., 4728 Yender Avenue, Lisle, Illinois 60832 in an Amount Not -to -Exceed $58,890; Budgeted Funds - Equipment Replacement Fund, Vehicles 1 la. RESOLUTION R-94-13/Bid Award for the Purchase of a Branch Chipper 12. Award Bid for the 2013 Crack Sealing Contract to Lowest Responsible Bidder, Behm Pavement Maintenance, Inc., 3010 Route 176, Crystal Lake, Illinois in an Amount Not -to -Exceed $30,000 — Budgeted Funds - Motor Fuel Tax Fund, Street Crack Filling 12a. RESOLUTION R-103-13/Bid Award for 2013 Crack Sealing Contract 13. Approve Purchase of Ammunition for Des Plaines Police Department for Purposes of Training and Duty Weapons from Illinois State Bid Ray O'Herron's Co., Inc., 3549 North Vermillion Street, P.O. Box 1070, Danville, Illinois 61834-1070 in an Amount Not -to -Exceed $50,000.00, Budgeted Funds — Police Department Support Services, Supplies — Police Range 13a. RESOLUTION R-104-13/Purchase of Ammunition for Police Department 14. Accept Approval of the 2013 Capital Improvement Program, Contract C — Engineering Services Proposal from Lowest Respondent Chastain and Associates, LLC, 8609 W. Bryn Mawr, Suite 204, Chicago, Illinois 60631 in an Amount Not -to -Exceed $58,433.47; Budgeted Funds — Capital Projects Fund, Professional Services 14a. RESOLUTION R-105-13/2013 Capital Improvement Program, Contract C DRAFT: 6/11/2013 9:20 AM Monday, June 17, 2013 City of Des Plaines City Council Agenda P a 2 e 1 3 15. Approve Additional Funding for Tree Planting in an Amount Not -to -Exceed $100,000 Due to Emerald Ash Borer (EAB) Tree Removal Acceleration. Not Budgeted — To be paid for by the General Fund Contingency. 15a. RESOLUTION R-106-13/Additional Funding for Tree Planting Due to EAB Tree Removal Plan END OF CONSENT AGENDA COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Dick Sayad, Chair a. Warrant Register in the Amount of $2,792,746.59 — RESOLUTION R-107-13 2. COMMUNITY DEVELOPMENT — Alderman Mark Walsten, Chair a. Final Planned Unit Development and Final Plat of Subdivision for Lexington Park Phase II, Case #05- 031-FPUD for 254 Laurel Avenue (located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue) — ORDINANCE Z-13-13 and RESOLUTION R-108-13 b. Citywide, Text Amendment to the Zoning Ordinance Regarding Electronic Message Board Sign Regulations, Case #13 -016 -TA — ORDINANCE Z-15-13 c. Variance for Wall Sign at 725 W. Golf Road, Case #13-020-V — ORDINANCE Z-16-13 d. Conditional Use Permit for Childcare Center at 88 Broadway Street, Case #13 -009 -CU — ORDINANCE Z-17-13 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE JULY 1, 2013 CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER "NEW BUSINESS" UNFINISHED BUSINESS 1. a. Minutes/Regular Meeting — May 20, 2013 (as amended and tabled to this meeting) 2. a. SECOND READING/ORDINANCE M-12-13/Consideration of Repealing Residency Requirement from City Code 3. a. SECOND READING/ORDINANCE Z-14-13/Conditional Use Permit for the Expansion of a Banquet Hall (Commercial Indoor Recreation — Dance Hall) within a Tent Structure, Case #13 -003 -CU at 2300 Mannheim Road DRAFT: 6/11/2013 9:20 AM Monday, June 17, 2013 City of Des Plaines City Council Agenda P a 2 e 14 NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-107-13/Warrant Register 2. a. FIRST READING — ORDINANCE Z-13-13 & RESOLUTION R-108-13/Final PUD and Final Plat of Subdivision for Lexington Park Phase II, Case #05-031-FPUD for 254 Laurel Avenue b. FIRST READING — ORDINANCE Z-15-13/Citywide Text Amendment to the Zoning Ordinance Regarding Electronic Message Board Sign Regulations, Case #13 -016 -TA c. FIRST READING — ORDINANCE Z-16-13/Variance for Wall Sign at 725 W. Golf Road, Case #13-020-V d. FIRST READING — ORDINANCE Z-17-13/Conditional Use Permit for Childcare Center at 88 Broadway Street, Case #13 -009 -CU 3. a. FIRST READING — ORDINANCE M-15-13/Amend Section 2 Chapter 5 Paragraph 11 of the Des Plaines City Code Authorizing the City Manager to Waive Certain City Fees in the Event of Declared Emergencies MANAGER'S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibility of the meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. DRAFT: 6/11/2013 9:20 AM PRESENTATION CITY OF DES PLAINES ILLINOIS City of Des Plaines Police Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax: 847-391-5463 MEMORANDUM Date: May 22, 2013 To: Michael G. Bartholomew, City Manager From: William Kushner, Chief of Police Subj: Presentation of Life Saving Awards Issue: On March 5th, 2013, off duty Evanston Police Officer Sean O'Brien, while in his car in traffic, observed a young child near the intersection of Miner and River Roads in Des Plaines. Officer O'Brien did not see any adults near the child. Officer O'Brien observed the child proceed down Schwab Road towards the Des Plaines River, and elected to follow him. Officer O'Brien observed the child begin to approach the river; Officer O'Brien exited his car and started to follow the child. Officer O'Brien observed the child throw a snowball into the river, and jump in after it, and completely submerged. Officer O'Brien responded without thoughts for his own safety, entering the water, locating the child and bringing him to safety. Recommendation: That the officer be recognized for his quick thinking and lifesaving efforts. 1 of 1 CITY OF DES PLAINES ILLINOIS City of Des Plaines Police Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax: 847-391-5463 MEMORANDUM Date: May 22, 2013 To: Michael G. Bartholomew, City Manager From: William Kushner, Chief of Police Subj: Presentation of Life Saving Awards Issue: On March 11th, 2013, Officer Steven Dikson, responded to an open line 911 call at 1155 Oakton. Upon arrival, Officer Disckson located an unresponsive 55 year old female; Officer Dickson could not find a pulse, requested paramedica, and immediately began Cardio Pulmonary Resuscitation. Fire Department Paramedics arrived on the scene and took over treatment. The victim regained a pulse and faint heartbeat, and was transported to Lutheran General Hospital by DPFD personnel, where she survived. It is the opinion of the Des Plaines Fire Department paramedics that Officer Dickson's quick and decisive life saving measures helped to save the life of the victim. Recommendation: That the officer be recognized for his quick thinking and lifesaving efforts. 1 of 1 Des Plaines Arts Council Date: June 17, 2013 To: Honorable Aldermen From: Des Plaines Arts Council Linda Traina, President *************************************************************** Thank you for this opportunity to present our 2013 Arts Council Scholarship winners to the City Council and the City. We can be very proud of our artistic youth as they are the artists, contributors and audiences of tomorrow. The Des Plaines Arts Council also thanks the Mayor, Aldermen and City of Des Plaines for the continuation of support for the "Official Arts Council of the City of Des Plaines," thus designated by Resolution R-7-91. Being presented and honored tonight are: Leah Kuhn, 6th grade, Algonquin Middle School, piano Ella Kurutz, 7th grade, Chippewa Middle School, dance Varun Nair, 7th grade, Chippewa Middle School, guitar Anna Remus, 8th grade, Chippewa Middle School, cello Zoe Schmidt, 6th grade, Algonquin Middle School, acting Juhi Soni, 4th grade, Iroquois Community School, piano Haripriya Mehta, 9th grade, Maine West High School, violin Michael Mickey, 11th grade, Maine West High School, percussion Jacqueline Ortiz, 1 grade, Maine West High School, piano/band Katelyn Reyes, 12th grade, Elk Grove High School, Illinois State University — Dance/Music Manoj Sunny, 11th grade, Maine West High School, band Thank you again for this opportunity to showcase these amazing youth. Consent Agenda Item #1 MINUTES OF THE SPECIAL MEETING OF TRE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN ROOM 101 OF THE DES PLAINES CIVIC CENTER, THURSDAY, APRIL 18, 2013 CALL TO The special meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Acting Mayor Mark Walsten at 9:15 a.m. in Room 101 of the Des Plaines Civic Center on Thursday, April 18, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Bogusz, Sayad, Brookman. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human Resources Earl, Director of Public Works and Engineering Oakley, Director of Community & Economic Development Dambach, Police Chief Kushner and Fire Chief Wax. A briefing took place regarding flooding conditions throughout the City including sanitary sewers and flood waters. The Everbridge prograir. wil: send an emergency notice to residents in the First, Second and Sixth Wards regarding the flood level of the Des Plaines River. Human Services will help with sandbags and volunteers will be sent to sandbag locations to assist residents and business owners. Pursuant to the Emergency Management Agency regulations, a Declaration of Local State of Emergency and Flood Conditions will be executed by the Acting Mayor and attested by the City Clerk. ADJOURNMENT: Moved by Brookman, seconded by Haugeberg, that the special meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:35 a.m. APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR • V"--14-1-72- Ludwi -CITY LERK g 1 ■ 1 1 'r • ■■ ■ ■ 7� I; J 1 i Or 71'■ til 1 %I 11 .rt l NI' 11. Pl. ■-mi -- 1.1 • T- • 1 ■ • ■ • • • •• • r j I ■■■ Ma -1 ■ . 4 ■ r 4 • • • • J:- • • • ' ■■h■■ • • ■■ • • • • • • .I■�- • 7 ■■•▪ •IMM1*.•• ■■ • - • • ■ -- J • Consent Agenda Itemii2 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN ROOM 101 OF THE DES PLAINES CIVIC CENTER, SUNDAY, APRIL 21, 2013 CALL TO The special meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Acting Mayor Mark Walsten at 9:00 a.m. in Room 101 of the Des Plaines Civic Center on Sunday, April 21, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Bogusz, Sayad, Brookman and Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Assistant Director of Public Works & Engineering Duddles, Building & Property Inspections Supervisor Ehrke, Director of Community & Economic Development Dambach, Deputy Police Chief Burger, and Fire Chief Wax. Acting Mayor Walsten stated that the purpose of this meeting was to keep the City Council informed of the flooding situation. City Manager Bartholomew gave an update and stated that the current flood stage is 10.19 feet as of 7:45 a.m. Assistant Director of Public Works & Engineering Duddles presented a video of the various areas of the City that have been affected by the storm. These areas are currently in the cleanup stage. Residents can put out the garbage on their regular day; pick up of yard waste will be suspended until further notice. Plans for Shagbark Lake were discussed; mobilize the area and begin pumping late Monday into Tuesday. Manpower will be used to mobilize detour routes. Costs and Federal reimbursements were discussed as well as the involvement of Levee 37 in Mount Prospect. Press releases for medical recommendations for residents affected by the storm will be sent out. ADJOURNMENT: Moved by Sayad, seconded by Haugeberg, that the special meeting of the City Council adjoum. Motion declared carried. Meeting adjourned at 9:40 a.m. Gloria J. Ludwig — CITY eLERK APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR m_i1 > _■_ -- -. t r1-02 �1-- 1 -rr iirr .-. I. IIA. c _ _ rI 4 >-r - L. -1-_ --'11A1 := -I 1 _ - �1 _ -r•- -1=1 cK =1_ _ L+ - — — — ¢- - =j -1_r I = I I 1 1 =— L -CZ-f_ I — — — _ I— I I = I _ _ r I I ConaentAwnda Item #3 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, THURSDAY, MAY 16, 2013 CALL TO The special meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Matthew J. Bogusz at 6:30 p.m. in the Eleanor Rohrbach Council Chambers of the Des Plaines Civic Center on Sunday, April 21, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka and Charewicz. Also present were: City Manager Bartholomew and General Counsel Friedman. EXECUTIVE Moved by Walsten, seconded by Robinson, to go into Executive Session to SESSION: discuss Gaming Expansion and Imminent or Probable Litigation. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT. 0 -None Motion declared The City Council recessed at 6:34 p.m. ADJOURNMENT: Moved by Walsten, seconded by Robinson, that the special meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 8:20 p.m. APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR cif 9 - 'Gloria J. Ludwig — CITY CLE Cpntent Agvnd4 Item #5 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRI3ACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, JUNE 3, 2013 CALL TO The regular meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Matthew J. Bogusz at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, June 3, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka and Charewicz. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Director of Human Resources Earl, Assistant Director of Public Works and Engineering Duddles, Deputy Police Chief Treantafeles, Fire Chief Wax, and General Counsel Friedman. EXECUTIVE Moved by Walsten, seconded by Robinson, to go into Executive Session to SESSION: discuss Pending Litigation and Probable & Imminent Litigation. Upon roll call, the vote was: AYES. 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman., Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:25 p.m. Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka and Charewicz. PRAYER AND The opening prayer was given by Deacon Jim Ernst of Our Lady of Hope PLEDGE: Church, followed by the Pledge of A;legiance to the Flag. CITIZEN PART.: Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council announcing that there will be a Senior Talent Show on June 14, 2013 at the Prairie Lakes Theater. Mr. Serbin suggested that the Mayor issue a Proclamation in honor of the Coronation of the Queen of England and present it to the Honorary Consulate whose office is located at 780 Lee Street. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he was disappointed the water rate increase was passed. Mayor Bogusz stated he would make sure the Council Rules were waived so Mr. Burkross could make his comment on the water rate increase at the appropriate time this CITIZEN PART.: (Cont'd) CONSENT AGENDA: MINUTES: MINUTES: Consent Agenda ACCEPT PROPOSAL/ 2013 CAPITAL IMPROVEMENT PROGRAM/ GEOTECHNICAL TESTING: Consent Agenda Resolution R-96-13 Page 2 of 8 6/3/13 evening. Ms. Liz Makelim, President of the History Center, addressed the City Council announcing that there is a new exhibit at the History Center "Deco in Des Plaines" and invited everyone to visit; Tag Days will take place June 7 and 8; a big fundraiser "Jazz It Up" will be held on Friday, September 20, 2013. Moved by Haugeberg, seconded by Charewicz, to establish the Consent Agenda except for Items 1, 5, and 5a. Motion declared carried. Moved by Haugeberg, seconded by Walsten, to approve Consent Agenda except for Items 1, 5, and 5a. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Staff recommendations and requests were approved; Minutes of Executive Session — May 20, 2013 was approved; Resolutions R-96-13, R-97-13 and R- 99-13 were adopted. Alderman Sayad requested that this Item be pulled from Consent Agenda. Alderman Sayad stated that some of the motions on Pages 6 and 7 needs to be corrected. Moved by Sayad, seconded by Brookman, to TABLE to the Regular Council Meeting of June 17, 2013 approval of the Minutes of the Regular Meeting of the City Council held May 20, 2013 pending corrections. Motion declared carried. Moved by Haugeberg, seconded by Walsten, to approve Minutes of the Executive Session of the City Council held May 20, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation to accept the proposal for the 2013 Capital Improvement Program, Geotechnical Testing from Chicago Testing Laboratory, Inc., 1348 Ridge Avenue, Elk Grove Village, Illinois 60007 in the amount of $37,424.00 (Motor Fuel Tax Fund); and further recommend to adopt Resolution R-96-13, A RESOLUTION APPROVING AN AGREEMENT WITH CHICAGO TESTING LABORATORY, INC. FOR GEOTEC I i ti ICAL TESTING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ 2013 CEP STREET AND UTILITY IMPROVEMENTS — CONTRACT C: Consent Agenda Resolution R-97-13 AWARD BID/ PUBLIC WORKS/ 2013 MULTI - SPACE PAY STATION REPLACEMENTS: Resolution R-98-13 PURCHASE/ FIRE DEPT. FIREFIGHTING GEAR: Consent Agenda Resolution R-99-13 Page 3 of 8 6/3/13 Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation to award the 2013 Capital Improvement Program, Contract C to Orange Crush, L.L.C., 321 South Center Street, Hillside, Illinois 60162 in the amount of $2,838,929.35 (Capital Projects Fund - $2,413,929.35 and Grant Funded Projects Fund - $425,000.00); and further recommend to adopt Resolution R-97-13, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM — CONTRACT C. Motion declared carried as approved unanimously under Consent Agenda. Alderman Sojka requested that this Item be pulled from Consent Agenda. Assistant Director of Public Works and Engineering Duddles answered questions from the Aldermen. General Counsel Friedman answered questions from the Aldermen regarding a single bid. Moved by Sayad, seconded by Haugeberg, to concur with Staff recommendation, in the best interest of the City, to approve the single bid for the 2013 Multi -Space Pay Station Replacements Project to Total Parking Solutions, 2721 Curtiss Street, Downers Grove, Illinois 60515 in the amount of $82,410.00 (TIF #1 — Equipment Fund ($66,850.00), TIF #1 — Miscellaneous Contractual Services ($4,200.00), Metra Leased Parking Equipment Fund ($8,000.00) and Metra Leased Parking — Miscellaneous Contractual Services ($3,360.00); and further recommend to adopt Resolution R-98-13, A RESOLUTION APPROVING AN AGREEMENT WITH TOTAL PARKING SOLUTIONS FOR THE PURCHASE AND INSTALLATION OF MULTI - SPACE PAY STATION MACHINES. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Haugeberg, seconded by Walsten, to concur with Staff recommendation that, in the best interest of the City, usual bid procedures be waived and the City accept the quote of $2,320.00 per set of turn -out gear, plus shipping, for the purchase of sixteen (16) sets of replacement turnout gear for 2013 from the W. S. Darley Company, 325 Spring Lake Drive, Itasca, Illinois 60187; and further recommend to adopt Resolution R-99-13, A RESOLUTION APPROVING THE PURCHASE OF FIREFIGHTING TURN -OUT GEAR FROM W.S. DARLEY COMPANY. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE Page 4 of 8 6/3/13 FINANCE & ADMINISTRATION — Alderman Sayad, Chair WARRANT Alderman Sayad referred to Page 4 of the Warrant Register regarding the REGISTER: charge by CDW in the amount of $1,263.88 and asked who received iPads. It was determined that the iPads were given to two employees in the Building Department for inspections. Alderman Sayad referred to Page 6 of the Warrant Register asking about two invoices from Snow Systems in the amounts of $1,900.68 and $1,397.90. Assistant Director of Public Works and Engineering Duddles answered questions from the Aldermen. Alderman Sayad referred to Page 12 of the Warrant Register asking about a charge from Novak & Parker in the amount of $673.00 for a dishwasher for Fire Station #2. Fire Chief Wax answered questions from the Aldermen. Alderman Sayad referred to Page 19 of the Warrant Register asking about a charge in the amount of $14,166.66 from Prescient Solutions for managed Information Technology Services. Fire Chief Wax answered questions from the Aldermen. Moved by Rodd, seconded by Charewicz, to recommend to the City Council approval of the June 3, 2013 — Warrant Register in the total amount of $3,949,022.00; and further recommend that Resolution R-100-13 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT — Alderman Walsten, Chair TAP HOUSE City Manager Bartholomew reviewed the Memorandum dated May 16, 2013 GRILL: from former Director of Community and Economic Development Dambach regarding the Tap House Grill Downtown Business Assistance Program Proposal. Staff recommends the City Council approve the Tap House Grill Downtown Business Assistance Program proposal based upon approved by the Economic Development Commission on May 13, 2013. City Manager Bartholomew answered questions from the Aldermen. Tap House Grill Principals Mark Zych and Scott Ward introduced themselves to the Committee of the Whole, gave history of their business and answered questions from the Aldermen. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that more signs should be put up to call attention to Metropolitan Square. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole asking if the $80,000.00 is above the normal amount offered. City TAP HOUSE GRILL: (Cont'd) UNFINISHED BUSINESS: COND. USE PERMIT/ 2300 MANNHEIM RD.: Ordinance M-14-13 Page 5 of 8 6/3/13 Manager answered his questions. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole asking if there will be an outdoor patio and music; this attracts the upper middle class people. Ms. Candee Cole, 1530 Pennsylvania Avenue, addressed the Committee of the Whole asking about the remaining balance of the money for the streetscape. Director of Finance Wisniewski answered her questions and stated that the TIF would end in year 2020. Moved by Sojka, seconded by Haugeberg, to recommend to the City Council approval of the Tap House Grill Downtown Business Assistance Program proposal. Motion declared carried. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Brookman, seconded by Rodd, to suspend the Council Rules to allow public input. Motion declared carried. The following residents spoke against granting the Conditional Use request by the Fountain Blue. Bill Dillon, 2251 Pine Street Sandra Dillon, 2251 Pine Street Joanne Ross, 2081 Eastview Peter Templeman, 2271 Eastview Ron Larson, 885 Hoffman Parkway Madulo Montes, 2210 Pine Street Pablo Montes, 2210 Pine Street (Documents submitted by residents were placed in Council file.) Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council expressing his concerns about the effects of strong winds and severe weather on the tent. Moved by Walsten, seconded by Charewicz, to place on First Reading Ordinance Z-14-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C-3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13 -003 -CU). Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Walsten, Charewicz k�� ORDINANCE Z-14-13 COND. USE PERMIT/ 2300 MANNHEIM RD.: ORDINANCE M-4-13 WATER RATE INCREASE: OLD BUSINESS: TOUR DE VILLAS: Page 6 of 8 6/3/13 NAYS: 3 -Robinson, Brookman, Sojka ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Walsten, to advance to Second Reading and adopt Ordinance Z-14-13, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C-3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13 -003 -CU). Upon roll call, the vote was: AYES: 2-Walsten, Charewicz NAYS: 6-Haugeberg, Robinson, Rodd, Sayad, Brookman, Sojka ABSENT: 0 -None Motion declared FAILED. Alderman Sayad stated that this matter was tabled on February 19, 2013 to March 18, 2013 and that it was not on the Agenda. He suggested checking the Minutes of the Regular Council meeting of May 20, 2013 regarding the motion made to take from the table the issue of the 2013 Water Rate Increase and Ordinance M-4-13. General Counsei Friedman gave an explanation of procedures. Moved by Haugeberg, seconded by Sayad, to suspend the Council Rules to allow discussion and public input. Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating residents were denied the right to input; he is against the original increase and future automatic increases. Moved by Walsten, seconded by Charewicz, to call for the vote. Motion declared carried. Alderman Sayad voted Nay. Moved by Charewicz, seconded by Rodd, to adopt Ordinance M-4-13, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES," OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5 -Robinson, Rodd, Sojka, Charewicz, Bogusz NAYS: 4-Haugeberg, Sayad, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Alderman Sayad stated that he wanted to change his vote for the "Tour De Villas" bike race from "Aye" to "Nay." Resolution R-92-13 NEW BUSINESS: WARRANT REGISTER: Resolution R-100-13 TAP HOUSE GRILL/ DOWNTOWN BUSINESS ASSISTANCE PROGRAM PROPOSAL: Resolution R-101-13 REPEAL RESIDENCY REQUIREMENT: Ordinance M-12-13 Page 7 of 8 6/3/13 Alderman Rodd read a letter from Thomas Olsen requesting support from the City Council to approve the "Tour De Villages" bike race event on June 29, 2013 (in Council file). Moved by Charewicz, seconded by Sayad, to place the Motion to Reconsider Alderman Sayad's vote on Resolution R-92-13 (Approving the "Tour De Villas" Bicycle Races) on the Agenda for June 17, 2013. Upon roll call, the vote was: AYES: 6-Haugeberg, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 2 -Robinson, Rodd ABSENT: 0 -None Motion declared carried. Moved by Sayad, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to adopt Resolution R-100-13, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $3,949,022.00. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Walsten, seconded by Haugeberg, to concur with recommendation of Committee of the Whole to approve the Tap House Grill Downtown Business Assistance Program proposal at 1427 Market Street (former Cheeseburger in Paradise space at Metropolitan Square) and adopt Resolution R-101-13, A RESOLUTION APPROVING AN ECONOMIC INCENTIVE AGREEMENT FOR THE TAP HOUSE GRILL. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Alderman Brookman suggested that this matter be referred to Committee. Alderman Sayad stated that since the residency requirement was incorporated by referendum, the voters should decide by referendum to repeal it. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating tha he is against the residency requirement; it creates social class discrimination; all Ordinance M-12-13 (Cont'd) WAIVE PERMIT FEES DURING DISASTER: ADJOURNMENT: Page 8 of 8 6/3/13 employees should be required to live here. Mr. John Milstead, 2515 Church Street, addressed the City Council stating it should be a binding referendum and no requirement for residency. Moved by Brookman, seconded by Sayad, to refer this matter back to Committee. Upon roll call, the vote was: AYES: 4 -Robinson, Sayad, Brookman, Sojka NAYS: 5-Haugeberg, Rodd, Walsten, Charewicz, Bogusz ABSENT: 0 -None Motion declared FAILED. Moved by Walsten, seconded by Charewicz, to place on First Reading Ordinance M-12-13, AN ORDINANCE REPEALING SECTION 1-7-8 OF THE DES PLAINES CITY CODE. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Walsten, Sojka, Charewicz NAYS: 3 -Robinson, Sayad, Brookman ABSENT: 0 -None Motion declared carried. Moved by Robinson, seconded by Haugeberg, to authorize the City Manager to waive building permit fees during a disaster event and direct Staff to write a Resolution for this authorization. Motion declared carried. Moved by Walsten, seconded by Brookman, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:12 p.m. APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR Q, X.€244/1- Gloria J. Lffdwig — CITY CL RK Consent Agenda Iterp #7 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE DES PLALNES PUBLIC LIBRARY, WEDNESDAY, JUNE 5, 2013 CALL TO The special meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Matthew J. Bogusz at 4:35 p.m. in Room C of the Des Plaines Public Library on Wednesday, June 5, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Rodd, Sayad, Brookman, Walsten and Charewicz. Alderman Sojka arrived at 4:40 p.m. Alderman Robinson arrived at 4:47 p.m. Also present were: City Manager Bartholomew, Director of Finance Wisniewski and Fire Chief Wax. City Manager Bartholomew stated that this was one of two goal -planning sessions with the help of facilitator, Ms. Lynn Montei of Lynn Montei Associates, Riverside, Illinois. Ms. Montei introduced herself, gave her qualifications and experience. She gave a brief description of the various segments of the Strategic Planning sessions. An Agenda for each day was provided. Ms Montei '.ed the group through various activities to develop goals and priorities. ADJOURNMENT: The first session was adjourned at 8:00 p.m. APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR ag. Ze- el/4/ , Gloria J. Ludwi — CITY CLE g MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE DES PLAINES PUBLIC LIBRARY, THURSDAY, JUNE 6, 2013 CALL TO The special meeting of the City Council of the City of Des Plaines, Illinois, was ORDER: called to order by Mayor Matthew J. Bogusz at 4:40 p.m. in Room C of the Des Plaines Public Library on Thursday, June 6, 2013. ROLL CALL: Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Sojka and Charewicz. Alderman Walsten arrived at 5:12 p.m. Also present were: City Manager Bartholomew, Director of Finance Wisniewski and Fire Chief Wax. Ms. Montei reviewed what was accomplished on June 5 and led the group through a variety of activities regarding goals and vision attainment. OLD BUSINESS: Resolution R-92-13, Approval of Tour de Villas Bike Races Moved by Rodd, seconded by Robinson to approve Resolution R-92-13, A RESOLUTION APPROVING THE PERFORMANCE BY THE CITY OF CERTAIN SERVICES IN SUPPORT OF THE 2013 "TOUR DE VILLAS" BICYCLE RACES. Upon roll call, the vote was: AYES: 3 -Robinson, Rodd, Sojka NAYS: 5-Haugeberg, Sayad, Brookman, Walsten, Charewicz ABSENT: 0 -None Motion declared FAILED. Moved by Sayad, seconded by Rodd, to waive the Council Rules to allow public input. Mr. Thomas Olsen, 891 Jeannette Street, addressed the City Council reiterating the reasons for having this event for the fourth year. He again asked for the Council's support and approval. Mr. Olsen and City Manager Bartholomew answered questions from the Aldermen. Moved by Brookman, seconded by Robinson, to allow Alderman Brookman to change his vote from "Nay" to Aye" on the original motion. Upon roll call, the vote was: AYES: 5 -Robinson, Rodd, Sayad. Brookman, Sojka NAYS: 3-Haugeberg, Walsten, Charewicz ABSENT: 0 -None Motion declared carried. f4C'' Page 2 of 2 6/6/13 Moved by Rodd, seconded by Robinson to reconsider and approve Resolution R-92-13, A RESOLUTION APPROVING THE PERFORMANCE BY THE CITY OF CERTAIN SERVICES IN SUPPORT OF THE 2013 "TOUR DE VILLAS" BICYCLE RACES. Upon roll call, the vote was: AYES: 5 -Robinson, Rodd, Brookman, Sojka, Bogusz NAYS: 4-Haugeberg, Sayad, Walsten, Charewicz ABSENT: 0 -None Motion declared carried. After a 15 minute break, the session resumed. ADJOURNMENT: This session was adjourned at 8:50 p.m. APPROVED BY ME THIS DAY OF ,2013 Matthew J. Bogusz, MAYOR r-4-1.4.44.,. 9. Pt -el/ Gloria J. Ludwig — CITY CLERK CITY Of • DES PLAINES ILLINOIS Consent Agemia nexus #9 & 9a City of Des Plaines General Counsel's Office 1420 Miner Street, Room 604 Des Plaines, IL 60016 Tel: 847-391-5303 Fax: 847-391-5003 INTEROFFICE MEMORANDUM Date: June 6, 2013 To: Michael G. Bartholomew, City Manager From: Peter M. Friedman, General Counsel Pr�►- Re: Prevailing Wage Act Ordinance Issue: Attached for consideration and approval by the City Council is an Ordinance establishing the Prevailing Wage Rate for laborers, mechanics, and other workers who are employed in the performance of public works projects. Analysis: The Illinois Prevailing Wage Act requires the City to establish each lune the Prevailing Wage Rate to be paid to workers who participate m the construction of public works within the City. Following adoption of the Ordinance, a notice that the Prevailing Wage Rate has been established and is available at the City Clerk's office must be published in a local newspaper. For the City, the local Prevailing Wage Rate is the same as the Prevailing Wage Rate established by the Illinois Department of Labor for Cook County, which is attached to the Ordinance as Exhibit A. Recommendation: I recommend that the City Council approve the attached Ordinance establishing the Prevailing Wage Rate for laborers, mechanics, and other workers who are employed in the performance of public works projects within the City. Attachments: Ordinance Establishing the Prevailing Wage Rate Exhibit A, Cook County Prevailing Wage for June 2013 LegallMemosl2C i 31Prevading Wage Cover Memo 20.3 •23438236 v2 Page 1 of 10 CITY OF DES PLAINES ORDINANCE M - 13 - 13 AN ORDINANCE ASCERTAINING THE PREVAILING RATE OF WAGES IN COOK COUNTY FOR CITY PUBLIC WORKS PROJECTS WHEREAS, the State of Illinois has enacted "an Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941, as amended, 820 ILCS 130/0.01, et seq., ("the Act"); and WHEREAS, the Act requires that the City of Des Plaines ("City) investigate and ascertain the prevailing rate of wages, as defined in the Act, for laborers, mechanics and other workers in the locality of the City employed in performing construction of public works for the City; and WHEREAS, the City has ascertained the prevailing wages to be set forth hereinafter; and WHEREAS, "locality" is defined in the Act as the county where the physical work upon pub'ic works is performed, and the public works of the City w11 be performed in Cook County; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: To the extent and as required by the Act, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in construction of public works coming under the jurisdiction of the City, is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Illinois as of June 2013. A copy of that determination is attached hereto, and by this reference incorporated herein, as Exhibit A. As required by the Act, any and all revisions of the prevailing rate of wages by the Department of Labor of the State of Illinois shall supersede the Department's June determination and apply to any and all public works construction in Cook County undertaken by the City. Page 2 of 10 SECTION 2: The definition of any terms appearing in this Ordinance that are also used in the Act shall be the same as in the Act. Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City conducted in Cook County to the extent required by the Act. SECTION 3: The City Clerk of the City of Des Plaines shall publicly post or keep available for inspection by any interested party in the City Clerk's office this determination or any revisions of the prevailing rate of wages for Cook County. A copy of this determination or of the revised determination of prevailing rate of wages then in effect shall be attached to all public works construction contract specifications. SECTION 4: The City Clerk shall mail a copy of this determination to any employer, to any association of employers, and to any person or association of employees who have filed their names and addresses requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5: The City Clerk shall promptly file a certified copy of this Ordinance with both the Secretary of State and the Department of Labor of the State of Illinois. SECTION 6: The City Clerk shall cause to be published in a newspaper of general circulation within the area a copy of this Ordinance, within 30 days of its filing with the Secretary of State and the Department of Labor of the State of Illinois, and such publication shall constitute notice that the determination is effective and that this is the determination of this public body. SECTION 7: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 2 Page 3 of 10 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2013. CITY CLERK Peter M. Friedman, General Counsel Legal \Ord12013\DP 1 irdimance Prevailing Wage 2.13 #23389134_v2 3 Page 4 of 10 Cook County Prevailing Wage for June 2013 Cook County Prevailing Wage for June 2013 (Setesps.adsa enema t ebSsp it boars rl,eep+f Trade Name RG TYP C Base FRMAN M -F>8 ===Qee= ee==wwr a cw a wwaeee 00=019. o== ASBESTOS ABT -GEN ASBESTOS ABT -MEC BOILERMAKER BRICK MASON CARPENTER CEMENT MASON CERAMIC TILE FNSNER COMM. ELECT. ELECTRIC PWR EQMT OP ELECTRIC PWR GRNDMAN ELECTRIC PWR LINEMAN ELECTRICIAN ELEVATOR CONSTRUCTOR FENCE ERECTOR GLAZIER HT/FROST INSULATOR IRON WORKER LABORER LATHER MACHINIST MARBLE FINISHERS MARBLE MASON MATERIAL TESTER I MATERIALS TESTER II MILLWRIGHT OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER OPERATING ENGINEER ORNAMNTL IRON WORKER PAINTER PAINTER SIGNS PILEDRIVER PIPEFITTER PLASTERER PLUMBER ROOFER SHEETMETAL WORKER SIGN HANGER SPRINKLER FITTER STEEL ERECTOR STONE MASON TERRAZZO FINISHER TERRAZZO MASON TILE MASON TRAFFIC SAFETY WRXR TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER TRUCK DRIVER ALL 36.200 36.700 1.5 BLD 34.160 36.660 1.5 BLD 43.450 47.360 2.0 BLD 40.680 44.750 1.5 ALL 42.520 44.520 1.5 ALL 42.350 44.350 2.0 BLD 34.440 0.000 2.0 BLD 37.500 40.150 1.5 ALL 43.350 48.350 1.5 ALL 33.810 48.350 1.5 ALL 43.350 48.350 1.5 ALL 42.000 44.800 1.5 BLD 49.080 55.215 2.0 ALL 34.840 36.840 1.5 BLD 39.500 41.000 1.5 BLD 45.550 48.050 1.5 ALL 40.750 42.750 2.0 ALL 37.000 37.750 1.5 ALL 42.520 44.520 1.5 BLD 43.550 46.050 1.5 ALL 29.700 0.000 1.5 BLD 39.880 43.870 1.5 ALL 27.000 0.000 1.5 ALL 32.000 0.000 1.5 ALL 42.520 44.520 1.5 BLD 1 46.100 50.100 2.0 BLD 2 44.800 50.100 2.0 BLD 3 42.250 50.100 2.0 BLD 4 40.500 50.100 2.0 BLD 5 49.850 50.100 2.0 BLD 6 47.100 50.100 2.0 BLD 7 49.100 50.100 2.0 FLT 1 51.300 51.300 1.5 FLT 2 49.800 51.300 1.5 FLT 3 44.350 51.300 1.5 FLT 4 36.850 51.300 1.5 FLT 5 52.800 51.300 1.5 HWY 1 44.300 48.300 1.5 HWY 2 43.750 48.300 1.5 HWY 3 41.700 48.300 1.5 HWY 4 40.300 48.300 1.5 HWY 5 39.100 48.300 1.5 1WY 6 47.300 48.300 1.5 HWY 7 45.300 48.300 1.5 ALL 42.900 45.400 2 0 ALL. 40.000 44.750 1.5 BLD 33.920 38.090 1.5 ALL 42.520 44.520 1.5 BLD 45.050 48.050 1 5 BLD 40.250 42.670 1.5 BLD 45.000 47.000 1.5 BLD 38.350 41.350 1.5 BLD 40.810 44.070 1 5 BLD 30.210 30.710 1.5 BLD 49.200 51.200 1.5 ALL 40.750 42.750 2.0 BLD 40.680 44.750 1.5 BLD 35.510 0.000 1.5 BLD 39.370 42.370 1.5 BLD 41.430 45.430 2.0 HWY 28.250 29.850 1.5 E ALL 1 33.850 34.500 1.5 E ALL 2 34.100 34.500 1.5 E ALL 3 34.300 34.500 1.5 E ALL 4 34.500 34.500 1.5 E ALL 1 32.550 33.100 1.5 OSA OSH H/W Pensn Vac Trng ee.e a@O Qi. -Tim T! Q00CiO =0= 0=0.0= 1.5 2.0 12.78 9.020 0.000 0.500 1.5 2.0 10.82 10.66 0.000 0.720 2.0 2.0 6.970 14.66 0.000 0.350 1.5 2.0 9.550 12.00 0.000 0.970 1.5 2.0 13.29 12.75 0.000 0.630 1.5 2.0 11.21 11.40 0.000 0.320 1.5 2.0 9.700 6.930 0.000 0.610 1.5 2.0 8.420 9.980 1.100 0.700 1.5 2.0 10.38 13.50 0.000 0.430 1.5 2 0 8.090 10.53 0.000 0.330 1.5 2.0 10.38 13.50 0.000 0.430 1.5 2.0 12 83 13.07 0.000 0.750 2.0 2.0 11 88 12.71 3.930 0.600 1.5 2.0 12.86 10 67 0.000 0.300 2.0 2.0 11.99 14.30 0.000 0.840 1.5 2.0 10.82 11.86 0.000 0.720 2.0 2.0 13.20 19.09 0.000 0.350 1.5 2.0 13.38 9.520 0.000 0.500 1.5 2.0 13.29 12.75 0.000 0.630 1.5 2.0 6.130 8.950 1.850 0.000 1.5 2.0 9.550 11.75 0.000 0.620 1.5 2.0 9.550 11.75 0.000 0.730 1.5 2.0 13.38 9.520 0.000 0.500 1.5 2.0 13.38 9.520 0.000 0.500 1.5 2.0 13.29 12.75 0.000 0.630 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 2.0 2.0 16.60 11.05 1.900 1.250 1.5 2.0 14.40 9.550 1.900 1.250 1.5 2.0 14.40 9.550 1.900 1.250 1.5 2.0 14.40 9.550 1.900 1.250 1.5 2.0 14.40 9.550 1.900 1.250 1.5 2.0 14.40 9.550 1.900 1.250 1.5 2.0 16.60 11.05 1.900 1.250 1.5 2.0 16.60 11.05 1.900 1.250 1.5 2.0 16.60 11.05 1.900 1.250 1.5 2.0 16.60 11.05 1.900 1.250 1.5 2.0 16.60 11.05 1.900 1.250 1.5 1.5 2.0 1.5 1.5 1.5 1.5 1.5 1.5 1.5 2.0 16.60 2.0 16.60 2.0 13.11 1.5 9.750 1.5 2.600 2,0 13 29 2.0 8.460 2.0 10.85 2.0 12.53 2.0 8.280 11.05 1.900 1.250 11.05 1.900 1.250 16.40 0.000 0.600 11.10 0.000 0.770 2.710 0.000 0.000 12.75 0.000 0.630 14.85 0.000 1.780 10.94 0.000 0.550 10.06 0.000 0.880 8.770 0.000 0.430 1.5 2.0 10.13 17.79 0.000 0.630 1.5 2.0 4.850 3.030 0.000 0.000 1.5 2.0 10.25 8.350 0.000 0.450 2.0 2.0 13.20 19.09 0.000 0.350 1.5 2.0 9.550 12.00 0.000 0.970 1.5 2.0 9.700 9.320 0.000 0.400 1.5 2.0 9.700 10.66 0 000 0.550 1.5 2.0 9.700 8.640 0.000 0.710 1.5 2.0 4.896 4.175 0.000 0.000 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 8.150 8.500 0.000 0.150 1.5 2.0 6.500 4.350 0.000 0.000 Exhibit A Page 5 of 10 Cook County Prevailing Wage for Awe 2013 TRUCK DRIVER W ALL 2 32.700 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TRUCK DRIVER W ALL 3 32.900 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TRUCK DRIVER W ALL 4 33.100 33.100 1.5 1.5 2.0 6.500 4.350 0.000 0.000 TUCKPOINTER /MD 40.950 41.950 1.5 1.5 2.0 8.180 10.82 0.000 0.940 Legend: Re (R.gion) TYP ('rads Typ. - ail,xlgw.y,Hwilding, flwciag,oll a chlp,Riv.re) c blas./ a.a. Inas. Rag. Rate) M AIO (foreman Rate) x-fs0 (OT required for any hour gtaat.r than 11 worked ,ash .by. Hon through fa 0311 (Overtime 'at) ia requited for awry hour worked on Saturday) 0111 (everting) Ls required for every hour worked on Sunday and Holidays) H/x (Health a Writer Insutann: ?man (Pension) Vas (Vacation) hog (Training) Exp.anationi COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties. Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This than makes work p�^rfor!red on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration. If in doubt, please check with IDOL. TRUCK DRIVERS (NEST) - That part of the county Hest of Barrington Road. EXPLANATION OF CLASSES ASBESTOS GENERAL - removal of asbestos motorial/mold and hazardous materials from any place in a buiiding, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building la to be demolished at the time or at some clone future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanica systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and poi;shing of all classes -f tile, whether for interior or exterior purposes, all burned, glazed or unglazed products) all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile -like units; all mixtur,s in tile like form of cement, metals, and other materials that are for and intended for use as c finished floor surface, stair treads, promenade roofs, walks, walls, cei;ings, swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars including but not limited to thin -set mortars, epoxies wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or ma.ntenance of tile and/or similar materials. Ceramic T:,le Finishers shall fill all joints and voids r gardless of method on all tile work, particularly and wipe -Lally after installation of said tile work. Application of any and all protect..ve coverings to all types of tile installations including, but not be limited to, ail soap compounds, paper product, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect ti:e installations, Blaetrac equipment, and all floor scarifying equipment used in preparing floors to receive ti.e. .h., clean up and removal 4 all waste and materials. All demolition of existing tile floors and walla to be rx tiled. COmMUNICATIO(S ELECTRICIAN installation, operation, inspection, maintenance, repair and service of radio, trlavieion, recording, voice sound vision production and reprodu:.tion, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systema used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, tncluding but not limited to, communication and Exhibit A Page 6 of 10 Cook County Prevailing Wage for June 2013 telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (ail atone, sand, etc.). stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the headliner)! all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, aiberene stone, blue atone, granite and other stones (meaning as to stone any foreign or domestic materiala as are specified and used in building interiors and exteriors and customarily known as stone in the track), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate the and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of mater.a:a; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural etacl, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch planta: ad urt_ng proportions of bituminous mixtures. OPERATING ENGINEER - BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Beckham: with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi Mix Plant; Combination Back Hoe Front End -loader Machine; Compressor and Thrott e Valve; Concrete Breaker (Truck Houn'ed): Con re -to Conveyor; Concrete Conveyor (Truck Mounted): Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom, Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead: Cranes, (GCI and similar Type); Crater Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self -Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloadec 2-1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and simi:ar machines; Hoist,, One, Two and Three Drum; Hoists, Two Tugger One Floor: Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All: Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre -Stress Machine; Pump Cretes Dual Ram; Pump Cretee: Squeeze Cretee-S rew Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops rector Drawn; Slip -Form Paver; Straddle Buggies; Operat n of Tie Back Pa:hine: T urnapull; Tractor with Boom and S,de Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled: Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Fo klift Trucks; Highlift Shovels or Front Endloaders under 2 1/4 yd.: Hoists, Autc,atic, Hoists, Inside Elevators; Ho st , Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed, Rock Drill (Self -Propelled); Rock Dr 11 (Truck Mounted); Rollers, A 1: Steam Generators; Ira for , Al ; Tractor Drawn Vibratory Roller; Win h Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator: Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Puspa, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points, Welding Machines (2 through 5); Winches, 4 Small Ele-tric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Exhibit A Page 7 of 10 Cook County Prevailing Wage for June 2013 Class 5. Assistant Craft Foreman. Claes 6 Gradali. Class Meehan' a; Welders. OPERATING ENGINEERS - HIGHWAY CONSTRUCTION Class 1 Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOHACO or other similar type machines: ABS Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader, Caisson Rigs, Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, A11; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack i Pinion and Similar Machines; Formless Curb and Gutter Machine: Grader, Elevating: Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self -Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoea with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine: Pile Drivers and Skid Rig, Pre -Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck Mounted; Rock/Track Tamper; Roto Hill Grinder; Slip -Form Paver; Snow Helters: Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Fora :Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boon, Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills !Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameters Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attechm:n's), Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hamer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreaders Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saws Conveyor Huck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highiift Shovels or Front Endloaderr Hoist - Sewer Dragging Machines Hydraulic Boom Trucks (Ali Attachments); Hydro -Blasters Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off -Road Hauling Units !including articulating) Non Self -Loading Ejection Dump; Pump Crates: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt: Rotary Snow Plows: Rototiller, Seaman, etc., self-propelled; Self -Propelled Compactors Spreader - Chip - Stone, etc.; Scraper Single/Twin Engine/Push and Pulls Scraper Prime Hover in Tandem (Regardless of Sizer Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tenders Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm -Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine: Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalts Seed and Straw Blower; Steam Generators; Stump Ma hiner Winch Trucks with "A" Frage; Work Boats; Tamper Form Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydrauli Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, Al (I through 5): Pumps, over 3" (1 to 3 not to exceed a tote! of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Marhinee (2 through 51; Winches, 4 Small Electric Drill Wln:hes class '. SkidSteer Loader .al ), B k Forklifts; Oil r.. Class 6. field Mechanx-a and Field W dors Class 7. Dowell Machine wi h Air Ccepressor; Gr. dal l and machines of like nature. OPERATING ENGINEER FLOATING Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge). Class • rene/Backhoe Operator; Boat operat-r with towing Exhibit A Page 8 of 10 Cook County Prevailing Wage for June 2013 endorsement; Mechanic/1leider; Assistant Engine, r (Hydraulic Dradg. l: Leverman (Hydraulic Dredge); Diver Tender. Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch Operator; Loader/Doter and like equipment on Barge, Breakwater alai., Slip/Dock, or Scow, Deck Machinery, etc. Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment Unita or More); Off Road Trucks: Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,010 pounds or leas); Assistant Tug Operator. Class 5. Friction or Lattice Boom Cranes. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary 1 n markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST 6 WEST Class 1. Two or thre' Axle Trucks. A frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors: Ambulances: Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry -alfa: Fork Lifts and Holsters; Helpers; Mechanics Helpers and Greasers; 011 Distributors 2 -man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipmen: Slurry Trucks, 2 -man operation: Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters'; Unskilled Dumpaan, and Truck Drivers hauling warning lights, barricades, arc portable toilet! on the job site. Class 2. Four axle trucks, Dump Crete and Adgetors under 7 yards: Dumpaters, Track Trucks, Eu:llds, Hug Bottom Dump Turnapulia or Turnatrallurs when pulling Jther than self -loading equipment or similar equipment under 16 cubic yards; Mixer ?rucks under 7 yards. Ready -six Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Droop Crets and Adgetors 7 yards and ova•; Duapeter,, ?r,ek Trucks, Euc •d,, Hug Bottom Dump Turnatrailers r turnapulls when pulling other than solf-loading equipment or similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks, Mixer Trucks 7 yards or over: Mobile Cranes while in transit: 011 Distributor^, 1 -man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1 -man .peratloni Winch trucks, 3 axle; or more: Mechanic -Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master Mechanic; Self -loading equipment like P.B. and trucks with scoops on the fr.nt. Other "lassificattons of Work; F r definitions of ^lassificatlone not otherwise est out, the Department generally has on file such definitions which aro available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and prov' de such rate, ouch rate be. ng deemed to exist by reference in t 1 ccument. If no neighboring county rate applies to the task, th Department shall undertake a special determination, such special deter. --,1 _tion being then deemed to have existed under this determination. If a project requires these, r any classification not !ted, pease con•ac• :DOL at 217-782-1710 for wage rates or clarifications. LANDSCAPING Landscaping work fells .oder the existing c.lassifications for laborer. operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the ex.ating classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. Tho work performed by Exhibit A Page 9 of 10 Cook County Prevailing Wage for June 2013 landscape truck drivers {regardless of site of track driven) is covered by the clsseifications of truck driver. Exhibit A Page 10 of 10 CITY OF RIs DES PLAINES ILLINOIS Consent Agenda Items #]Q& I0a City of Des Plaines City Manager's Office 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5488 Fax: 847-391-5451 MEMORANDUM Date: May 23, 2013 To: Mayor Bogusz and Aldermen of the City Council From: Michael G. Bartholomew, City Manager Subject: Annual Member Dues to the Northwest Municipal Conference Issue: An invoice for annual membership dues to the Northwest Municipal Conference (NWMC) has been received for the 2013-2014 fiscal year. Analysis: The City of Des Plaines is presently a member of the Northwest Municipal Conference. There are 42 member municipalities that comprise the NWMC base. An invoice was recently received in the amount of $25,528.00 which is based on our population figure of 58,364 @ .510 per capita. The amount of the dues has been included in the 2013 Budget, under Elected Offices. Continued membership in the Northwest Municipal Conference is vital to our organization because they provide legislative advocacy on behalf of local issues in Springfield and Washington, training for elected officials and also produce significant cost savings through joint purchasing programs. Participation in the Conference also gives us access to community surveying results on various issues. They also conduct and compile surveys on Des Plaines' behalf when requested. Recommendation: That the City of Des Plaines continue as a member of the Northwest Municipal Conference and remit annual dues of $25,528.00 for the 2013-2014 fiscal year. Attachments: Copy of Invoice Resolution Page 1 of 4 Northwest Municipal Conference 1616 East Golf Road Des Plaines, IL 60016 Voice: (847) 296-9200 Fax: (847) 298-9207 BIIIT0: CITY OF DES PLAINES ATTN:MICHAEL BARTHOLOMEW, MGR 1420 MINER STREET DES PLAINES, IL 60016 Cuslomeir ID INVOICE Invoice Number: 9420 Invoice Date: May 17, 2013 Page: 1 Cueronrr PO Paptisnt-Tins DES PLAINES Net 30 Days 3a1na'Rsp= Ship Oslo LDue Dab Courier 6/16/13 1-12-3001 Check/Credit Memo No: lssaiption tall Prk• FY13-14 NWMC DUES (MAX) POPULATION 58,364 .510 PER CAPITA Amount 25,528.00 Subtotal 25,528.00 Sales Tax Total Invoice Amount Payment/Credit Applied 25,528.00 TOTAL. Attachment 1 Page 2 of 4 .3 LO CITY OF DES PLAINES RESOLUTION R - 102 - 13 A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO RENEW ITS MEMBERSHIP IN THE NORTHWEST MUNICIPAL CONFERENCE WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City of Des Plaines ("City") to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., encourages cooperation between governmental entities and agencies; and WHEREAS, the City is a member of the Northwest Municipal Conference ("NWMC"), a regional association of over fifty municipalities that works to strengthen communities and enhance intergovernmental relationships in the north and northwest suburbs of Chicago through the provision of numerous programs and services, such as a joint purchasing program, legislative services, and transportation planning services; and WHEREAS, the City appropriated $25,000.00 in the Elected Office, Membership Dues Fund for membership in the NWMC during the 2013 fiscal year; and WHEREAS, membership dues in the NWMC are based on a fee of $.51 per resident multiplied by the City's population of 58,364 persons, for a total of $25,528.00 for the 2013-2014 membership year ("Membership Dues"); and WHEREAS, the City appropriated sufficient funds in the General Fund Overhead Contingency Fund to pay the difference between the amount appropriated for NWMC membership and the amount of the Membership Dues; and WHEREAS, it is in the best interest of the City to authorize renewal of the City's membership in the NWMC; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, County of Cook, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF MEMBERSHIP RENEWAL. The City Council hereby approves renewal of the City's membership in the NWMC. Page 3 of 4 SECTION 3: AUTHORIZATION TO RENEW MEMBERSHIP. The City Council hereby authorizes the City Manager to execute any documents necessary to renew the City's membership in the NWMC and the Director of Finance to issue payment of the Membership Dues to the NWMC in the not -to -exceed amount of $25,528.00. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal \Res\2013\DP-Reso:ution Annual Member Dues NWMC #23390308_v2 Page 4 of 4 C DV i5 DES PLAINES ILLINOIS Consent Agenda items #11 & 11g City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: April 29, 2013 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Ray Salisbury, Fleet and Facilities Foreman Tim Ridder, Assistant Director of Public Works and Engineering Irk Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering 40 Subject: Bid Award — Branch Chipper Issue: The 2013 Equipment Replacement budget includes funds for the purchase of a new branch chipper. On March 15, 2013, the Public Works and Engineering Department accepted competitive bids for this purchase. Analysis: Four bids were received. Three vendors provided equipment for staff to field demo and evaluate. The Morbark M 18R was the only chipper to meet staff's expectations and requirements. In addition, Alexander Equipment, Inc. was the only vendor to supply a proposal guaranty as outlined in the Request for Bid. Their bid was in the amount of $51,900 (base bid) plus $6,990 (optional equipment) for a total of $58,890. Although the bid came in above the budgeted amount of $50,000, it is the same manufacturer as the other branch chippers the City currently owns, thus keeping the fleet standardized and helping to reduce operating costs. Recommendation: Staff recommends that in the best interest of the City, Council approve the purchase of one (1) branch chipper from Alexander Equipment Company Inc., 4728 Yender Avenue, Lisle, IL 60832, in the total amount of $58,890. Funding for this purchase is included in the 2013 Budget under 702F - Equipment Replacement. Attachments Attachment 1 - Bid Evaluation Attachment 2 - Bid Page (Alexander Equipment) Resolution R 94-13 Exhibit A - Con'ract Page 1 of 11 Chipper Bid Evaluation DATE April 17, 2013 Attachment 1 - Bid Evaluation Page 2 of 11 QTY DELIVERY I SCHED DISC TERMS TOTAL PRICE UNIT PRICE DELIVERY CHARGE NET PRICE ADJ UNIT PRICE FIRM Alexander Equip 1 1 0.00% 51900 51900 0 51900 51900 CONTACT Matt Linn REMARKS Morbark M18R Base unit price only Optional equipment total $6990 Only bidder to supply bid bond Machine demo was excellent - very operator friendly PHONE 630-663-1400 FAX FIRM Vermeer Midwest 1 1 1 0.00%J 468991 468991 01 468991 46899 CONTACT Kyle Cline REMARKS Vermeer BCI800XL Price includes some optional equipment Optional equipment total $7197 No bid bond Machine demo was poor - not operator friendly at all PHONE 630-337-4166 FAX FIRM Atlas Bobcat 1 I 1 0.00%1 44200 44200 44200 44200 CONTACT Todd Swartz REMARKS Bandit 1590XP Price includes some optional equipment Optional equipment total $4575 No bid bond 15" chipper they are saying is 18" Machine demo was ok - machine lacked power for larger material PHONE 847-678-3633 FAX FIRM Morbark Inc 1 1 1 0.00%J 614501 614501 614501 61450 CONTACT Wayne Watts REMARKS Morbark M18R Base unit price only Optional equipment total $8275 No bid bond No demo provided - same machine as Alexander Equipment PHONE 800-831-0042 FAX Attachment 1 - Bid Evaluation Page 2 of 11 TRAILER MQUNTED WOOD CHIPPER BID PAGE BASE BID TRAILER MOUNTED CHIPPER PER SPECIFICATIONS $ 51,9oo w -- ALTERNATE BID rib VARIABLE SPEED FLOW CONTROL $ (971/45,00 FOLDING TRAY $ '7'76, o 0 TURNBUCKLE FOR HEIGHT ADJUSTMENT $ are' i 0 0 DISCHARGE CLEANOUT DOOR $ 35 , o o WINCH PACKAGE 5,000 LBS. $ 316.50 i d DUAL 10,000 LB. REAR JACKS $ Sic, () 0 SAFETY DECALS $ j'u kC fait"1- Hydrn.uLtc STA b,ci2-fR 1,310o,o0 A )013 g'Y1oR1,42k model m 1 12 u/ Itioy John) t ere teeset int -cis A L t S pec iftc etolus . Page 3 of 11 CITY OF DES PLAINES RESOLUTION R - 94 - 13 A RESOLUTION APPROVING THE PURCHASE OF A BRANCH CHIPPER FROM ALEXANDER EQUIPMENT COMPANY, INC. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated funds for the purchase of a branch chipper ("Equipment") for use by the Public Works and Engineering Department; and WHEREAS, Pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff issued a request for bids for the purchase of the Equipment; and WHEREAS, the City received four bids which were opened on March 15, 2013; and WHEREAS, Alexander Equipment Company, Inc. ("Vendor") submitted the lowest responsible bid that met all of the specifications of the City in the not -to -exceed amount of $58,890; and WHEREAS, sufficient funds have been appropriated to purchase the Equipment from Vendor; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. Page 4 of 11 SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2013\DP-Resolution Approving Purchase of Branch Chipper from Alexander Equipment Company #23194932_v1 2 Page 5 of 11 CITY OF DES PLAINES CONTRACT FOR PRICING AND DELIVERY OF MORBARH M18R BRANCH CHIPPER Full Name of Vendor Alexander Equipment Co Inc Principal Office Address 4728 Yender Avenue Lisle. IL 60532 Local Office Address Contact Person ("Vendor") Matthew Linn City of Des Plaines ("City') 1420 Miner Street Des Plaines, Illinois 60016 Attention: Ray Salisbury Vendor warrants and represents that Vendor has reviewed and understood all documents included, referred to, or mentioned in this Contract. 1. Contract to Deliver Products A. Contract and Products. The Vendor shall deliver to the City, at the Department of Public Works and Engineering, 1111 Joseph J. Schwab Road, Des Plaines, Illinois 60016 ("Delivery Address"), the products, items, materials, merchandise, supplies, or other items identified in the product Specifications attached to, and by this reference made a part of, this Contract as Exhibit 1 (the `Products") in new, undamaged, and first -quality condition. Vendor further shall: 1. Labor. Equipment, Materials. and Supplies. Provide, perform, and complete, in the manner specified and described in this Contract, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary to deliver the Products to the City in a proper and workmanlike manner; 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary for the Products; 3. Bonds and Insurance. Procure and furnish all bonds and all insurance certificates and policies of insurance, if any, specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; and 5 Miscellaneous. Do a:1 other things required of Bidder by this Contract. B. Performance Standards. The Vendor agrees that the Products will comply strictly with the Specifications. If this Contract specifies a Product by brand name or model, that specification is intended to reflect the required performance standards and standard of excellence that he City requires for the Product. Exhibit A Telephone Number 630-663-1400 C. Responsibility for Damage or Loss. The Vendor shall be responsible and liable for, and shall promptly and without charge to the City, repair or replace, any damage done to, and any loss or injury suffered by, the City as a result of the Vendor's failure to perform hereunder. D. Inspection/Testing/Rejection. The City shall have the right to inspect all or any part of the Products. If, in the City's judgment, all or any part of the Products is defective or damaged or fails to conform strictly to the requirements of this Contract, then the City, without limiting its other rights or remedies, may, at its discretion: (i) reject such Products; (ii) require Bidder to correct or replace such Products at Bidder's cost; (iii) obtain new Products to replace the Products that are defective, damaged, or nonconforming and charge Bidder with any excess cost incurred thereby; and/or (iv) cancel all or any part of any order or this Contract. Products so rejected may be returned or held at Bidder's expense and risk. 2. Pricing The Vendor shall deliver the Products to the City in accordance with the following prices: Product Item No. Description of Product Quantity of Product Unit Price of Product Extension M18R Chipper 1 $58,890.00 The Vendor shall take, in full payment for all Products, including overhead and profit, taxes, royalties, license fees, delivery, contributions and premiums, and compensation to all subcontractors and suppliers, the total Contract Price of: 58.890 Dollars and 0 Cents (in figures only) B. Basis for Determining Prices. It is expressly understood and agreed that: Page 6 of 11 1. All prices stated in the Pricing section are firm and shall not be subject to escalation or change; 2. The City is not subject to state or local sales, use, and excise taxes, and no such taxes are included in the Pricing section, and that all claims or rights to claim any additional compensation by reason of the payment of any such tax are hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Products are included in the Pricing; and C. Time of Payment It is expressly understood and agreed that all payments shall be made in accordance with the following schedule: Upon acceptance of the Products by the City. All payments may be subject to deduction or setoff by reason of any failure of the Vendor to perform under this Contract. 3. Contract Time The Vendor shall deliver the Products to the City at the Delivery Address not later than August 6th, 2013. 4. Financial Assurance A. Indemnification. The Vendor shall indemnify, save harmless, and defend the City against all damages, liability, claims, losses, and expenses (including attorneys' fees) that may arise, or be alleged to have arisen, out of or in connection with the Vendor's performance, or failure to perform, under this Contract, including, without limitation, any failure to meet the representations and warranties set forth in Section 6 of this Contract. B. Penalties. The Vendor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with the Vendor's performance, or failure to perform, under this Contract. 5. Firm Contract All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6 Bidder's Representations and Warranties In order to induce the City to accept this Contract, the Vendor represents and warrants as follows: Exhibit A A. The Products. All Products, and all of their components, shall be of merchantable quality and, for a period of not less than either (i) two years or (ii) 3,000 hours of Product usage, whichever occurs sooner, after delivery to the City: (1) shall be free from any latent or patent defects or flaws in workmanship, materials, and design; (2) shall strictly conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; and (3) shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract. The warranties expressed herein shall be in addition to any other warranties applicable to the Products (including any manufacturer's warranty) expressed or implied by law, which are hereby reserved unto the City. B. Compliance with Laws. All Products, and all of their components, shall comply with, and the Vendor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time. Every provision required by law to be inserted into this Contract shall be deemed to be inserted herein. C. Not Barred. The Vendor is not barred by law from contracting with the City or with any other unit of state or local government as a result of: (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Vendor is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; (2) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E- 1 et seg.; or (3) any other reason. D. Qualified. The Vendor has the requisite experience, ability, inventory, capital, facilities, equipment, plant, organization, and staff to enable the Vendor to deliver the Products at the Contract Price and within the Contract Time set forth above. 7. Acknowledgements In submitting this Contract, the Vendor acknowledges and agrees that: A. Reliance. The City is relying on all warranties, representations, and statements made by the Vendor in this Contract. B. Binding Effect. The Vendor is bound by each and every term, condition, or provision contained in this Contract. C. Remedies. Each of the rights and remedies reserved to the City in this Contract are cumulative and additional to any other or further remedies provided in law or equity or in this Contract. E. Time. Time is of the essence in the performance of all terms and provisions of this Contract. Except Page 7 of 11 where specifically stated otherwise, references in this Contract to days shall be construed to refer to calendar days and time. F. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the City, whether before or after the City's acceptance of this Contract; nor any information or data supplied by the City, whether before or after the City's acceptance of this Contract; nor any order by the City for the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the any Product by the City; nor any extension of time granted by the City; nor any delay by the City in exercising any right under this Contract; nor any other act or omission of the City shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Product, nor operate to waive or otherwise diminish the effect of any representation or warranty made by the Vendor; or of any requirement or provision of this Contract; or of any remedy, power, or right of the City. G. Severabilitv. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any Person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent permitted by applicable law. H. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities of the parties in accordance with all applicable statutory procedures. I. Assienment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by the Vendor except upon the prior written consent of the City. J. Governing Law. This Contract shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. Page 8 of 11 IN WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2013. ATTEST: CITY OF DES PLAINES By: By: City Clerk City Manager ATTEST: ALEXANDER EQUIPMENT CO. INC. By: By: Its: Its: Exhibit A Page 9 of 11 EXHIBIT I Trailer Mounted Branch Chipper Specifications Morbark M18R or approved equal General specifications Chipping capacity 18" Height 915" Width (single/tandem axle) 77" Length (single or tandem axie) 19'8" Gross weight 10,200 —12,200 lbs. Suspension... Single Axle (1) 10,000 Ib. torsion In feed opening 65" wide x 40 9/16" high Throat opening 31" wide x 18" high Drum 233/4" wide x 371/2" diameter Engine John Deere Horsepower 140 HP Fuel /Hydraulic capacity 44/41 gallons Frame 2" x 6" tubular Tires (single or tandem axle) ... 235/75Rx17/2" Hitch 2/a" Pintle Equipment Highlights 3734" diameter x 2334" wide, four dual -edged knife staggered -pocket drum removable knife holders Dual horizontal feed wheels with top feed wheel compression system, hydraulic lift assist and constant hydraulic down pressure system with additional manually applied hydraulic down pressure at the valve handle Live hydraulic system including: ball valve, pump, motor, and valve bank with additional preplumbed valve section for instalation of an aftermarket winch package, 360° manua height -adjustable discharge Direct -drive bottom feed wheel Exhibit A Page 10 of 11 CD or hard copy of all operator, service, and parts manuals Minimum 1 year or 1000 hour manufacturer warranty covering parts and labor Minimum 2 year engine warranty Operator and technician training provided on site Delivery Options — priced seperately Variable speed flow control Folding in -feed tray with spring lift assist Turnbuckle for discharge height adjustment Discharge cleanout door on side or bottom Winch package: heavy-duty, 5,000 Ib. pull capacity with rope and 10' chafe guard Dual 10,000 Ib. rear jacks mounted on roadside and curbside English safety decals Exhibit A Page 11 of 11 ES s Consent Agenda Items #12 &_ll City of Des Plaines Public Works Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: June 6, 2013 To: Michael Bartholomew, MCP, LEED-AP, City Manager From: Howard Moser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering.' Subject: Bid Award — Crack Sealing Issue: The Public Works and Engineering Department annually conducts an evaluation of local road conditions and determines the roads most suitable for crack sealing. This year's budget al.ocates $30,000 toward tla;.s work. Council authorized Staff to advert:se for twis protect and aids were opened on Friday, May 24, 2013. Analysis: The bid specifications required vendors to provide a per pound unit price for routing and sealing. Two (2) bids were received from qualified vendors with Behm Pavement Maintenance, Inc. being the lowest bidder as shown in the tabulation below: r COMPANY PER UNIT PRICE SKC CONSTRUCTION, INC. $1.55 BEHM PAVEMENT MAINTENANCE $1.47 Recommendation: Staff recommends Council award the crack sealing contract for 2013 to Behm Pavement Maintenance, Inc., 30 0 Route 176, Crystal Lake, IL 60014. Funding for this project will be from the Motor Fuel Tax budget in the amount of $30,000. Attachments: Resolution R 103-13 Exhibit A - Contract Page 1 of 16 CITY OF DES PLAINES RESOLUTION R - 103 - 13 A RESOLUTION APPROVING AN AGREEMENT WITH BERM PAVEMENT MAINTENANCE, INC. FOR THE SEALING OF CRACKS ON VARIOUS ROADS WITHIN THE CITY OF DES PLAINES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the City has appropriated $30,000 for the sealing of cracks on various roads within the City ("Work") during the 2013 fiscal year; and WHEREAS, pursuant to Chapter Ten of Title One of the City of Des Plaines City Code, City staff issued an invitation to bid for the procurement of the Work; and WHEREAS, the City received two bids which were opened on May 24, 2013; and WHEREAS, Behm Pavement Maintenance, Inc. ("Contractor") submitted the lowest responsible bid at the unit price of $1.47 per pound of paving material; and WHEREAS, the City desires to enter into an agreement with Contractor for the performance of the Work in the not -to -exceed amount of $30,000 ("Agreement"); and WHEREAS, sufficient funds have been appropriated for the procurement of the Work; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the fmal Agreement only after receipt by the City Clerk of at least two 1 Page 2 of 16 executed copies of the Agreement from Contractor; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 20_. APPROVED this day of , 20 . VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel 1 egal\Res\20IADP-Resolution Accepting Bid from Behtn Pavement maintenance for Crack Sealing #23399328_v2 2 Page 3 of 16 STATE OF ILLINOIS COUNTY OF COOK Proposal 1 Contract cover PROPOSAL SUNITTED BY Rehm Pavement Maintenance ' Cni aloe. Naomi 3010 Rt._ 176Mood pa.nor Crystal Lake, IL 60014 ad We no coda CITY OF DES PL.AD1ES Num of COAVIloge.TwinorRod D'Amon OF car QSPECECATIONB D RANI D WOW mama AND farms. Pniva is. D co rreacrPmeec a. D cnNrwAcr O corrrlmalu3No FOR DM tlPROVEtniENT CF STREET NAME OR ROUTE NO. 2013 CRAM BEAUNQ SECTION NO. 13-013008.03461 TYPE OF FUNDS hkoorikei Tax Mailed AppmediPood ForliusNips! noises DMOW DPaNt ridorlrardgi hylr* DWNW MO For County ed Rod Olatrlot Fra jtob SubmptadlAppravad ant G iNri.raComasholuser SubmttMdlApArovod 0Counb Erfansernspelnlindonl ormighasN Pfinme Sr1ROFS EXHIBIT A Oe plitniant atTineeparpr l n ❑ RMaaaad for bid basad on ar ud revisit Dam 3erp u3 WO.. 0 Gramm In approvd d a.rlyd Dale ®tR into 1R.v mow Inc Page 4 of 16 (tilkdriOspartment of lansportetion RETURN Vali BID 4 Notice to Bidders Reels VA iIOUB COI ty COOK told Agency DEB RAMS Section 1gw0000-of+ Time end Place of Opening of Bids Sealed proposals for the Immo/nerd deserted below tabs received at the office of CITY CLB11i,1420 MINER ST. DES R.AINES. IL 60016 _ unig 3 ddook P 11., la rt24. 2013 Propoeati w 0 be owed and reed publicly mid at . 3 ((do* P AI.. Wer 24 2013 at the °IHoe of CITY CLERK 1420 MIN ST. DES P AINES, &60016 esea.e D iiottpdbn of Work Nanta 2013 CRACK SEALING Length fret ( ) London VARIOUS MEETS THROUDHOUr CRY Proposed Improvement ROUTING AND CRACK SEALING OF VARIOUS ROADS THROUGHOUT CITY. Bidders Insbucllarw 1. Piens and propassl Ibrn s wB be a OOS In the ateoe of PUBUC WORIt$:1111 JOBIB•N SCHWAB RG., DES PLAIIE.4. IL 80018 2. i 24 Naas altar Ow lialre an •AfIchare dame/Way (Fast b r�� , the 2 r 'uom a must awarded Owe 2111011, tilde pw►�p ward fru (Fam Be til). M tslp0metie. elrorrarq natoatrtpleied oadrale Faint fie. &Add% Altricipst and Wide cram. Dos vopy shag be lied w81 the Aietnda10 Wimp/ wd 2 copies ugh the DoT Cleat pica & N propoai must be aoownpwid bye weed guaircy as pry BLRS Special Rosidonfor adding Requinnraras acid Conditions far C onimot Provosts cortpbted in the"Supplemerdel Gpsdlicallone and Recuiring Twp—. 4. The Amen Auireegy gear the right to twin broltni alffes and to Moot mayor di popaeais as provided In BLRS Spada! PnoNsiaa fcr Bidding Raquirwiterda oral Candaiorre for Cortaot Prop:ash ccrt absed to Ow '&plerrwntM 8pecelcull re and Roce carp Spoil Provisions'. 6. Burs need not rein the Mire caisson roomed alien bids ere rbn ee d urgers Whin lea required. Portions of Ow propos& that mud be arta Indude the ihiatef t a.. SLR 12:110 - Celesta Corer 1. BLR 12230 - Propose, BId Band Of aipl bis) b. BLR 12220 - Nola/ to Bidders S BLit 12326 — Apprelkeship or Poking ROW= c. RR 12221- Contact Propel OsiI$a.8cn (do sat use for fsdrxey d. ERR 12222 - Corraaot Schadtde Giftless funded p►ai ) e. SLR 12223 - Sigltebrres ere approximate and are mowed for ihe _ 8. tote Contractor only Ms dual of work performed end acoaptad materiels furrda Paymentpanson of bids acceding to the ca dract. The ecrredufed qusntitles ritual( to be done mater ab to be malted may be Increased. daoreeeitd or =Med as hereinafter provided Pmte0 621013 EXHIBIT A OLR 1Tt2otRot 01r06138j Page 5 of 16 7. Submission of a bid shalt bo oonofoebrs assurance and minority the bidder has examined the plana and understands hdroquizernanis for the performance of rhOrit. The bidder 'Mb, responsible farad arrow in lie propped rusuldna from tis or napad to conduct an In depth examtnatlon. The Admitting kithartgl wet. in no class be respmnsnls for arty cosk awns's, saris or change' In photo resulting from such fakirs or naplsot of tha bidder. 8. The Wier shatl take no advantaged any arra or omission In the propos! and adhhertissd contract. 9. Ifs spode erwetopa is supplied by the rdl* Authorllz each propclerd should ba subnWd t OW armelOps fund:Mod by the hut*. Agarhmy and the blank goose cm lbs mmolops suck be Mod in correctly to Indic*, Ito cent/ants. Whensn envelope other thin the special onefurnished by Ito) Marano Authority Is used, be marked to dearly Indlca0s a =dards. When mond by mai, the sesprd propoaat shin bs addressed to the Awarding Authority at the address and In care of the acid In Mood oflcs the bids are to be moshod. IMI propcsds shill be flied prior to due time end at dm place epee/lad In the Notice to Bidders. Proposals received after the Ihme rpeotlfad sept be returned to tha btddsr unopened. 10. Pert►hfaafon res be glranh to a bidder to withdraw a propos If the bidder mains the repast In teing or In pavan before the thea for opening propos By Order of ta•+le cote eummiceistrouposuffmgcmivaimmussanicuar cads: All ps poem cw rd.. including Prepaid OUarenly amok* or Proposal Edd s hoctd be serpted thtpsehsr lc gond ton rdnh Mc ahs proens.d. PROW sows nus 12210 (Rev. ouoeraa) EXHIBIT A Page 6 of 16 (If on htdhddunl) Signatunis County COOK Lccol Agency CES PWME8 8009on 13-00001)41541111 Shine of adder emboss Addion (tta poroisestgp) Ria None BY embers Mims wort Nemo end Addrsevos of A4 Paruta I Attest empmme p ne 9ehm Pavement Maintenance, Inc. ABY #rlat-g eueantste *Nom 3010 Rt. 176 how Huns d Pop tdt Printed on inarri3 11.04:t0I1M EXHIBIT A Crystal Lake, IL 64014 Promo William J. Beton seagull William 3- ohm Treasu,w Page 7 of 16 ®hob ar lla"ep°rteUa" 1. Propose! of Crack Seeing Roues County Load Agency Seodon Proposal VAFINWS COMIC s7F3,Beau�i il.raeeen.ejs.nhe for the Improrenwnt of the above elan by the mon of CRACK SEAM MRCVS ROADS IN CRY a toldMinos d dwtdolta *Wren d feet,{ , oleo) ere to be tnrpro+red. 2. Th. plena for the prepped work one Bose prgaiad by CI1Y OF DES RAINES and approved by da Dep rheent ofTriperperdion on 3. The epaceostiars to .d b Minn ore toes � wa Oep ilment of Mote send ss "Shad▪ a+ibleni Spaolloekine for Road and Bridgeorttelli ub stippled and Ireand cc tthe�be nforbi� and disrital 4. he a Md earns to as likable *seal Ambling Is3oaLad on the "Chee o�_In Mb S. The undavegnsd Wets to complete tris vat nen) world% dribs or by 011180,2013 unlessechelo & dnre b grimed ina0.titr+ as rah the �, "�' 6. A ptoposaf pserwty to the proper arnourg. as speoiped In &R$ Speciel Prodelan for tlld*IV Pariehellads and Cordaro for centred Proposals. webs bs required Bid Bards C§ WI 0 wine bedewed as proposal g iararllas. Acoamparying dile pupate 4e news bid band If Owed, an Dspe lmierl farts flit 12230 or a proposal gciaty ty duck, oorrhpyteg Mei the epidlbeeor1, nada Pepsitei be Treatise of cm OF MS maims the amount of the check b bid hnnrl cal ( ) T. to ale wird the one Prosiest Berantif °heck Is intended to own bee or more the aroma must be p hip sues alba wooedeoeid be tailwind far each proposal. tthe prepaid g.ww0 duck k+ pbnsd banata rptspossl, N dl to found Irl des papal for. Seddon Kariba S. tthla proposal Is amaepeed and the eatdee4Tred feta b saa'Ws a contract and control band as ranted. t la hereby g eed that eased Bond or deck alar! battlement Iota Arawtbeg Mho*. 9. Each pay Inn should have a tailed= and a tote peas. lino toles pree le down or Y!hers b e dsarrparq► beaver' the gradual of the wit gem mullelsd by the wanly. he a* pica shall ipanm>. Winne pine e b omitted, the tote pits ie be OWd by the altft bh order to Mehl* a snit ptoe. 10. A bid wit be dst:wed wsi oeptabie t Wea r e me pica nor a toeel price Is shoes. 11. The indxntpned lure* sere ss that It has not been oarrrktbd of bburyor abenp to bribe an dilator entrains" of the Stria dittoes. car hes the ftcrn made en ad nI Wpn of guilt d unit combat Is a matter of record, nor has an Add. mat or employee of the firm cornuted bribery or etbxapted brpery on Whet of the Ibm and purloin! to the dttrcUan orsot hocize!(on da footsore fba official of the fins. The unassigned firm Aathsr cent% that R Is not barred from oenbactrq with any wit of State or towed government as a result of a *lona of Stale taws praitblting bid ken or hlkotaing. 12. The undersigned subsea h of pine on KR 12222 covering the work to be performed wider thts concent. psi.tdt Primed on 922013 a 3031 AM EXHIBIT A Page 8 of 16 *MobDepse,of �t *motet provisions The foiotefre Spec►W Pravmaee /111384Irriell `$tendo d Apec ioatlona for Road 0no Bridge C,oneM OW. Adopted Amoy 1, 2012 . U. Writ edii0ii of the 'Manus' on (inform TteftlO Conn:4 Device' for Sheri' and Ms. ond to stiff, a� the 's and Reaming Teel peca means Indicelodof + elect on *a date of Wagon an Check Moe Marled hare In�rehloh oddly to end gown �o of , and In tele daangst oath any pert, or pats, of said Speolfrodlono, the raid Spool Prow rind aloe preadrnee red ehrll gown. 1+ 107 1 Ruled on 517/2017 &1617 Add EXHIBIT A Page 9 of 16 CtKnob Department of Vensportation Rohm with BJd Roues County Loon Agency Section IppronticoshIp or Tifirdng Program Certification aaamr.ra (ncw D 8tdtt+ca l'Ursr0)11,ns.ra6u Ali we togitinwl to cceoploto the following corillientkut afar nda coved proposal or for di gaups In Ns Mather end instal preo cad 0 For be. folowing dancer and Will groups In this material praposst: iar+olapliPattorOottiriaPololicil podpyr. idaplsd to madam with the prvrlskonadthe ponds Highway Cods mans Inds canard to be aaarded to the lowest rrrpaseiwe and rrspanelttle bk r- Tho wood dsdatan is subf eat to marina by the Daestmora to matte to other reepar tt►faatres. this minas or dreier end Wait proposal �� ires all �1) approved by �p Mama �$ �b p tact of abOI disclose �r al App +enMs end TTdn anor trairdng program that d CiAsooloaddoligamoof alta arra Indicated propoeda cc wanpo. Thsralbre, all bidden err ngub ed to ameba the 1. Exact ee praildod b paragraph IV below, the underrtgrted bidder outlaws the tt Is a parldpad, *Eby moan Indbiduai or ea past of a pow peoitvr. In an ipproaad rppnntIces 'pre Veil** pagan si ptybls b emit typed work or end! Midas IS ddar in perform Witt► iia own employes'. II. The indentured bidder father ori for auk to be pWlomsed by bdica nu t that mach of Its nut oritrmacrr submitted Oar ward oifrr Wis. d lira ems of suit bbd, partIpmerq lo an eppaved. appftemble spperdamal or pe Ran, priori* tid p or * to the work d the subronbed. Ill Thr rurdnlgred Mir. by 6nebd0n to bs Ilat In thespian below, cornea the Midst nares at each mop= sponsor hot dtrg thsOartlicalm d b sin *roll of for Sipes of work or err lib lo WW1 taw bidder b a pa/ripint and ihotsat be parkins' WI the bidders eabloy ess. Tomo/ work or raft that wilt be �fawbldrwbldr dMs� appaadfsMb me �ertaaishlp re Inning promo arm■dMs. ewers or aria Chicago Land Laborers' JATC miss' 6l2R1113 EXHIBIT A &LR 12326 (Rev. 4 07) Page 10 of 16 F_xoapi for any work identfhsd above, any Ndder or subcontractor that shd perform ad or part of the wadi or the contract or dd ver and freed propose eokiy by *Were omens, partners or ntambere and not by su+pb 'ese to WINO tits paytt•nt of prevailing rates of wages wredd be rewired, check the foloseng bax. end Ideotdjr the ownedopsror workforce reed pasitlarta of atensrsttb. O 7l. requIrefeergi of Bib oweloallon and dfsoiosum ere a nearest port of the aos*.att and the contractor shd require lids e.rllfbelfan petislon to be trolud.d to d approved eubcontreals The Melilla reparable tor makingcaarpl b report and she rashe cello ttret a.tah type of week ar MR job ceigory het we bs Witted on the project IS accounted for end bled. The Depereaaertl et any eine Wee or Mar sreard =Formers tie production of a copy of each eppliorbie cullPcate of Reobtatfon Netted by the tinted unlet Department of icor etrldendng such psreotpatfon by dre aantra:tor end sayer al of le subcontractors. In order to tutee darequirement.1 atael not be neoeacc ry► that any spplisebie program eporteor be aver*takingor stud ft ►.l f e ;epp indlone for epprenticteeip. Venire or emplownena during dos perfornance of the work of Ws contract or dater and Wad prrfposal. Bidder Behm Favcem nt rcn intrinne, Inc. 8y: moo' 3 60014 Title: President Pinot 5.72013 Ba.R 2325 Rev 401) EXF3 Page 11 of 16 /bob Depirtrnent d Ihnspartslion INWEINEE3 fictredvis of Pekes JFor co010 Informift covikpo gi* NIns Ind pj Nomep. Quffair RomeacmaceRmase I 7 'hoe To be cordmi formmito Pe e Tobl .,32,21140.1, aft tam (Rs% 0001034 Page 12 of 16 Ow* Depriniert at larispatailm Rade Gooey Loci Agway Soden f Far cemct•1e intarreilkin aarrArq arse tram., s.0 mita end .p. Nome Unit ov«,na► Schsdui. of Prices POO Tela cM,rtd DOM oea. MOW' Awes! for Ineetw mote 32 ,31-fD .(11 11 The sai,relpned nether epees ,l deste+d.d the ceeb rtforlA.'onions tonitired h the talkeits mirAlnrli..,, heal patina the soak rA oaoord+noe WO the .e nnief.edrinithbW prapoef kr to =Up* lid spelled i rohathde beim estwel$i. /1111Bps Cort4hnllon beer Seeliorw Indadid N+ Canabinelion Yard rant,° WarmI $ EXHIBIT A Page 13 of 16 Depertmerd pransportatlof! I RETURN WITH BID Route County Local Agency Section Local Agency Proposal Bid Bond 2013 Crack Sealine Cook Des Plaines 13-00000-05—GM PAPER BID BOND - - - - WE Behm Pavement Maintenance, Inc., 3010 State Route 176, Crystal Lake IL as PRINCIPAL. and Employers Mutual Casualtt Company, 1815 S. Meyers Rd. , Oak Brook Terr. IL as SURETY. are held jointly, severally and firmly bound unto the above Local Agency (hereafter referred to as "LA') in the penal sum of 5% of the total bld price. or for the amount specified In the proposal documents In effect on the date of invitation for blds whichever is the lesser sum. We bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly pay to the LA this sum under the conditions of this Instrument WHEREAS THE CONDITION OF THE FOREGOING OBUGATION :S SUCH that, the said PRINCIPAL Is submitting a written proposal to the LA acting through Its awarding authority for the construction of the work designated as the above section. THEREFORE if the proposal is accepted and a contract awarded to the PRINCIPAL by the LA for the above designated section and the PRINCIPAL shall within fifteen (15) days after award enter Into a formal contract, furnish surety guaranteeing the faithful performance of the work, and furnish evidence of the required insurance coverage, all as provided In the' Standard Specifications for Road and Bridge Construction' and applicable Supplemental Specifications, then this obligation shall become vold; otherwise ft shall remain In full force and effect IN THE EVENT the LA determines the PRINCIPAL has faked to enter into haformalm��contractIn i� wwlto recover t ny full r penal sumersts set out above, in the n, togethe preceding paragraph, then the LA acting through Its awarding authority Y with all court coats, all attorney fees, and any other expense of recovery. IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this •nstrument to be signed by (heir respective officers this 24 day of Mav . 2011 Principal Behm Pavement Maintenance, Inc. ^ (Company Nagp) G By: ! ` By: ( g and Title) (Signature andTitie) (If PRINCIPLE is a joint venture of two or more contractors, the company names, and authorized signatures of each contractor must be affixed.) Surety �] By: eCl� �(S/1 (Signature of Attaneydnfact) Employers Mutual Casualty Company (Name of Surety) STATE OF ILLINOIS, COUNTY OF Lake Lisa A. Rose . a Notary Public in and for said county, do hereby certify that William J. Behm Mort cel ames 0!Ind t Ducdueds kworthning on behalf of PRINCIPAL & SUR who are each personaly known to me to be the same persons whose nares are subscribed to the foregoing Instrument on behalf of PRINCIPAL and SURETY, appeared before me this day In person and acknowledged respectively, that they signed and delivered said Instruments es their free and vo.untary act for the uses and purposes there.n. set forth. IAL Given under my hand and notarial seal this 24. day of Kay. 20 P 3 ROSE NOTAit• s'Ar OFILLINOIS tgva E01,E500 444 (Notary Public) —Y-� -- ° ELECTRONIC BID BOND ----- 0 Electronic bld bond Is Wowed (box must be checked by LA If electronic bid bond is al:owed) The Principal may submit an electronic bid bond, In lieu of completing the above section of the Proposal Bld Bond Farr.-. By providing an electronlc bid bond ID code and signing below, the Principal is ensuring the ident)f?ed electronic bld bond has been executed and the Principe and Surety are firmly bound unto the LA under the conditions of the bid bond as shown above (If PR'NCIPAL is a joint venture of two or more contractors, an electronic bid bond ID code compar yIBidder name title and date must be affixed for each Contracto. in the venture.) My commission expires June 29, 2014 I 1 I I Electronic Bid Sand ID Code J..f A 9 1 1 Printed on 218/2013 3:27.14 PM (Company/Bidder Name) (Signature and Title) Date SLR 12230 (Rev. 7105 Page 14 of 16 ThE FACE AL9 RECERSE OF TH'3 OCCUf.hEt," NACE A COLORED FLA CA i,HITE PAPE', /EMC Insurance Companies. No. A37336 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severalty as 'Company' and ca.`n :scArvely as'Coar:pennies' each does, by these presents, make, constitute and appdrt: NANCY MARKL, MARY BOWMAN, RANDY MARGISON, TODD SILVER, JOEL DUCKWOR M 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casuatty Company, an 'owe Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation its true and tearful attomey-in4ad, vrith fur pow and authon'ty conferred to sign, seal, and execute its lawful bolds, undertakings, anC other ob'gaicey mstnmmnts of a smiler nature as follows: in an amount not exceeding Five Minion Dollars...................................._........................._.............._............................._....................._........ 85.000.000.00 and to bind each Company [hereby as fury and to the same extent as such instruments were signed by the duly aLe horizad officers d each such Company, and Olaf the acts of said attorney pursuant to the authority hereby given are hereby ratted and =limed. The authority hereby granted shall expire APRIL 1, 2014 Chess sooner nodded AUTHORITY FOR POWER OF ATTORNEY This Paweaof-Attorney is made and executed pursuant to and by the authority of the Mlowi lg rasa` to of the Boards of Directors of each of 01(10wmpaaes at a regulniy sdreduted meet;ng of each company duly who and het in RESOLVED; The President and Chet Executive Officer, any Vice Nested, the Treasure and the 5eaelay of Employers Mutual Casualty Company shag have paver and authority to (1) appoint attorneys -iniad and authorize than to exec on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognlza ices, miracle of Merrily illy and other imams ottigalay in the noire tiered; and (2) to reprove any such attcuney-infact Many time and revoke the power and authority given to him or her Attorneys -in -fad shall have power and s. thorny, wed to the terms and firritayms of the powe ofattonley slued to them, to execute and delver on behalf of the Company. and to attach the seal of tie Company thereto, bonds and undertakings, recd nrzances, contrails of indemnity and other writings obligatory h the nature thereof, and any such ersfnment executed by any such apomey rn-fad shat be fully and in al respects biding apo' the Company Certification as 10 the validity of any power -of ateomay authorized herein made by an akar of Employers Mutual Casualty Company shall be fuIIy and in alt respects lin ti g upon this Company. The facsimte or mechanic* reproduced et/shire of such officer, *nether made heretofore or hereafter, wherever appearing upon a certified copy of any power-ofeitomey of the Company, shag be vatd end bindng upon the Company with the same form and effect as though marwMy affixed IN WITNESS THEREOF, the Companies have caused toss presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 2nd day of SEPTEMBER 2011 Seats SEAL) '• �IIpWP,�.•• . _ SEAL IQyyP .•`CON►��,�.,• .���,SY t GAJ!, a't�°w ' (-„E.,1953 : ---.1' 863 . o' a `,: 1963 SEAL 1c (. SEAL 1E4 LAUREL A. BLOSS I IV Commission Number 18366 My Carom. Exp, Msr13.2014 Bruce G. Kelley, of Companies 2, 3. 4, 5 & 6; Presided ofCompany 1;Vice Chairman and CEO of Company 7 M.'xhael Frost Assistant Vice Plaided Assistant Secretly Omits 2nd *of SEPTEMBER AD 2011 before me a Mary t mandixiheStaledloom,personallyappearedBruceG.KefayandMohaetFreer. wM, bethg by me duly sworn, did say that they are, and ere known to me to bete Chairrrran, President, Vice Chairman and CEO, and* Assistant Vice President/Assistant Secretary, raw x:li ely, of each of The Corr pante above; that the reals affixed to this instrument t are the seals rot sad mrporebons; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respeclve Boards of Directors: and that the said Bruce G Kelly all Micheal Freer, as swat offoars, admowtedged the execution of said Instilment to be the voluntary act and deed of each of the My Coem ssi Expires 13, 2014. CERTIFICATE I, James D. Cbugh, Wca President of the Companies, do hereby certify that the foregoing resoloon of the Boards of Directors by each of the Companies and fids Poser of Attorney issued pursumi thereto on SEPTEMBER 2, 2011 on bah*/ of NANCY MARKT. MARY BOWMAN RANDY MARDSON. TODD SnLV8 . JOEL DUCKWORTH Notary Pubic in and for the State of Iowa are Ina and corned and are stir in full force and effect In Testrnony Whereof I have s.bscatbad my name and affixed the lacskrie sed of each Compaq as 24_ _ dayof Kay _ . 2013 • edsb 1832[5.071 SrXTI1 For verification 0f the authenticity of the Power of AUorney you mzy cart (515) 345-2889 Vice President Page 15 of 16 CITY OF DES PLAINES - CRACKSEALING LIST STREET NAME Edni APPROXIMATE LENGTH (FEETI Kathleen Mt. Prospect -Dara James 1877 Third Algonquin - Dempster 2651 Laurel Willow- Miner 1848 Lincoln Webster - Kingston 315 Pratt Scott - Manheim 2585 Eisenhower Morse - Pratt 744 Locust Oakton - Everett 131.2 Amherst Wisconsin - Princeton 1653 Marshal, Wille -North End 833 Eaker Clark - Hewitt 333 Hewitt Eaker -Florian 285 Wiscons:rn Vit. Prospect - P'nehurst 1517 Page 16 of 16 CITY OF DES PLAINES ILLINOIS Consent litems #13 & 134 City of Des Plaines Police Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax 847-391-5463 MEMORANDUM Date: May 29, 2013 To: Michael G. Bartholomew, City Manager From: William Kushner, Chief of Police- Subj: Purchase of Ammunition Issue: The Des Plaines Police Department wishes to purchase ammunition that will be used for training and officers' duty weapons. Analysis: Tie Des Plaines Polio Department purchases ammunition annua',.y for training purposes, as well as supplying the officers with duty and less lethal ammunition. For fiscal year 2013 the City Council approved and appropriated $50,000 in the 2013 Budget to be utilized for the purchase of ammunition. The ammunition will be purchased using the Illinois State Bid pricing. Recommendation: I am respectfully requesting permission to purchase the ammunition from the Illinois State Bid, Ray O'Herron's Co. Inc., 3549 North Vermillion Street, P.O. Box 1070, Danville, IL. 61834-1070 in an amount not to exceed $50,000. These funds were budgeted in the Police Department Support Services Budget within the Supplies for the Police Range. Attachment: State Bid Pricing Vendor Award Information Resolution Page 1 of 4 dPr Award Information Reference Number: Title: Due Date: Contact Person: Phone. Line Vendor Award Information 225446 PSD AMMUN TION - REBID FOR STATEWIDE DELIVERIES 12/02/10 MARY KAY GONTERMAN (217)785-3887 Award Information Commodity Vendor Name Page 1 of 1 Help 00001 5311-630-0020 00002 5311.830-0023 00003 5311-630-0043 00004 5311.630-0093 00005 5311-630-0095 00006 5311.630-0025 00007 531'.-630-0033 00008 5311-630-0062 00009 5311.630-0042 00010 5311-630-0049 00011 5311-830-0046 00012 5311-& 0-OG47 0003 5311.630-0010 00014 5311-630-0056 Attachment Qty Unit unit Price Discount ((A) GRACE AMMO LLC RAY O'HERRON COMPANY' NC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY INC RAY O'HERRON COMPANY INC RAY O'HERRON COMPANY NC RAY O'HERRON COMPANY INC GRACE AMMO LLC RAY O'HERRCN COMPANY NC RAY O'HERRON COMPANY SNC 560.000 MRDS 255.000 MRDS 376.000 MRDS 23.000 MRDS 23.000 MRDS 19.000 MRDS 19.000 MRDS 974.000 MRDS 92.000 MRDS 2.000 MRDS 4.000 MRDS 90.000 MRDS - 6.00.000 MRDS 100.000 MRDS 324.00000 315.00000 q °P.,/ 405.00000 R A' • r ' 424.00000 # k / 350.00000 R ,4 /. ? r' . 285.00000 sK • 1• . 289.00000 Y,s:'a r' f/ • 218.00000 Q 4 " ' r 259.00000 f. /4 7/t 785.00000 Al i / ; a ' 980.00000 P i / - ' 406.00000 207.00000 225.00000 Page 2 of 4 CITY OF DES PLAINES RESOLUTION R - 104 - 13 A RESOLUTION AUTHORIZING THE PURCHASE OF AMMUNITION FROM RAY O'HERRON'S CO.. INC. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorizes and encourages intergovernmental cooperation; and WHEREAS, the City has appropriated $50,000 for the purchase of ammunition for use by the Police Department during the 2013 fiscal year ("Ammunition"); and WHEREAS, the City is a member of the Illinois Central Management Services joint purchasing program ("CMS"), which typically ensures local government participants the best available price, quality of product, and terms of delivery; and WHEREAS, the City placed a joint purchasing requisition order from CMS for the purchase of the Ammunition; and WHEREAS, CMS sought bids for the award of CMS Contract PSD 225446 for the procurement of the Ammunition, and Ray O'Herron's Co., Inc., of Danville, Illinois ("Vendor"), submitted the lowest competitive bid for the Ammunition; and WHEREAS, City staff has determined that CMS's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, sufficient funds have been appropriated to purchase the Ammunition from Vendor; and WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the Ammunition from Vendor in the not -to -exceed amount of $50,000, in accordance with the CMS Contract PSD 225446; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. Page 3 of 4 SECTION 2: APPROVAL OF PURCHASE. The City Council hereby approves the purchase by the City of the Ammunition from Vendor in a total -not -to -exceed amount of $50,000. SECTION 3: AUTHORIZATION OF PURCHASE. The City Manager is hereby authorized and directed to execute such documents and make such payments, on behalf of the City, as are necessary to complete the purchase of the Ammunition from Vendor in a total -not - to -exceed amount of $50,000, all in accordance with CMS Contract PSD 225446. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res22013\DP-Resolution Approving Purchase of Ammunition from Ray O'Herron #23401214_v2 Page 4 of 4 consent Agenda Items #14 & 140 City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 IVIENIOR AN 01:1.14 Date: May 30, 2013 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering40 Subject: 2013 Capital Improvement Program, Contract C Street & Utility Improvements Construction Engineering Services Ref #13-92 Issue: The 2013 City budget includes funding of construction engineering services in connection with the 2013 Capital Improvement Program, Contract C. This item would provide a full time engineering inspector to assist the City's resident engineer with the construction inspection of the street and utility improvements contract. Due to the size of the 2013 Capital Improvement Program, we are unable to perform this construction engineering with in-house staff. Analysis: Staff requested a proposal from three professional engineering firms from which we have a positive working relationship. The summary of the submitted proposals follows: Consultant Proposal Price Chastain and Associates, LLC $58,433.47 Gewalt Hamilton Associates, Inc. $81,400.00 Christopher B. Burke Engineering, Ltd. $81,595.91 Consideration was given based upon demonstrated professional competence of the fine, related experience of the firm, the experience of the proposed project team, the project approach and the cost of services. Recommendation: Staff recommends acceptance of the proposal from Chastain and Associates, LLC., 8609 W. Bryn Mawr., Suite 204, Chicago, IL 60631 in an amount not to exceed $58,433 47. Source of funding would be the Capital Projects Fund. Attachments: Resolution R-105-13 Exhibit A - Contract Page 1 of 50 CITY OF DES PLAINES RESOLUTION R - 105 - 13 A RESOLUTION APPROVING AN AGREEMENT WITH CHASTAIN AND ASSOCIATES, LLC FOR CONSTRUCTION ENGINEERING SERVICES WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WRF,REAS, the City has appropriated funds in the Capital Projects Fund for the procurement of construction engineering services in connection with the 2013 Capital Improvement Program, Contract C ("Services") during the 2013 fisca: year; and WHEREAS, in accordance with Section 1-10-14 of the City Code of the City of Des Plaines, City staff has determined that the procurement of the Services is not adapted to award by competitive bidding because the Services require a high degree of professional skill and judgment; and WHEREAS, the City sought proposals from qualified consultants for the performance of the Services; and WHEREAS, Chastain and Associates, LLC ("Consultant") submitted a proposal in the not -to -exceed amount of $58,433.47 that will best meet the needs of the City because of Consultant's demonstrated professional competence, relevant experience, and competitive fees ("Proposal"); and WHEREAS, the City desires to enter into an agreement with Consultant for the performance of the Services in the not -to -exceed amount of $58,433.47 ("Agreement"); and WHEREAS, sufficient funds have been appropriated to procure the Services from Consultant; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with Consultant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that competitive bids be solicited for the procurement of the Services is hereby waived. Page 2 of 50 SECTION 3: APPROVAL OF AGREEMENT. The City Council hereby approves the Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. SECTION 4: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Agreement only after receipt by the City Clerk of at least two executed copies of the Agreement from Consultant; provided, however, that if the City Clerk does not receive such executed copies of the Agreement from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Agreement shall, at the option of the City Council, be null and void. SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal \Res\2013\DP• Resolution Approving Agreement with Chastain for Construction Engineering Services for 2013 CIP Contract C #23403260_v2 2 Page 3 of 50 Contract Between the City of Ides Plaines And Chastain & Associates, LLC For Construction Engineering Services For the 2013 Capital Improvement Program Contract C TABLE OF CONTENTS Page ARTICLE 1. THE SERVICES 1 1.1 Services. 1 1.2 Project Time 1 1.3 Term; Extensions. 1 1.4 Responsibility of Consultant to Perform 1 1.5 Financial Ability to Perform. 2 ARTICLE 2. COMPENSATION AND PAYMENT 2 2.1 Pricing Schedule. 2 2.2 Monthly Payment; Invoices. 2 2.3 Taxes. 2 2.4 Final Payment. 2 2.5 Deductions. 3 2.6 Use of Deducted Funds 3 2.7 Keeping Books and Accounts. 3 ARTICLE 3. PERFORMANCE OF SERVICES 3 3.1 Standard of Performance 3 3.2 Correction of Defects 3 3.3 Risk of Loss. 4 3.4 Opinions of Probable Cost. 4 3.5 Responsibility for Work by Contractors. 4 3.6 City Responsibilities. 4 3.7 Time of the Essence. 5 Page 4 of 50 3.8 Suspension of Services. 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 5 4.1 Services Change Orders. 5 4.2 Revision Notices. 6 4.3 Disagreements over Services Change Order Terms. 6 4.4 No Change in Absence of Services Change Order. 6 4.5 Delays. 6 ARTICLE 5. INSURANCE 6 5.1 Insurance. 6 5.2 Scope of Coverage. 6 5.3 Minimum Limits of Coverage. 7 5.4 Deductibles and Self -Insured Retentions 7 5.5 Additional Requirements. 7 5.6 Verification of Coverage 8 5.7 Sub -Consultants and Suppliers. 9 ARTICLE 6. INDEMNIFICATION 9 6.1 Agreement to Indemnify. 9 6.2 Notice of Claim to Consultant. 9 6.3 No Limit Based on Insurance. 9 6.4 Withholding Payment. 9 6.5 Limit on Duty to Indemnify 9 ARTICLE 7. INFORMAL DISPUTE RESOLUTION ..., 9 7.1 Dispute Resolution Panel. 10 7.2 Communications in Nature of Settlement 10 7.3 Performance of Services. 10 ARTICLE 8. TERMINATION 10 8.1 Contract is At -Will 10 8.2 Termination by City for Breach 10 8.3 City Remedies. 10 8.4 Termination for Convenience. 11 8.5 Termination by Consultant for Breach. 11 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 11 9.1 Consultant as Independent Consultant 11 it EXHIBIT A Page 5 of 50 9.2 Compliance with Laws; Communications with Regulators 11 9.3 Consultant Payments; Waivers of Liens. 11 9.4 Permits and Licenses 11 9.5 Safety; Hazardous Materials. 11 9.6 Intellectual Property. 12 9.7 Confidential Information. 12 9.8 Ownership of Data and Documents. 12 9.9 Copyrights and Patents. 12 9.10 Notices. 13 9.11 No Waiver by City. 13 9.12 No Third-Party Beneficiaries. 13 9.13 Survival of Terms. 13 9.14 Assignments. 13 9.15 Amendments. 13 9.16 Governing Law. 14 9.17 Compliance with Laws, Grant Regulations. 14 9.18 Representation of No Conflicts 14 9.19 No Collusion. 14 EXHIBIT A Page 6 of 50 Contract Between the City of Des Plaines And Chastain & Associates, LLC For Construction Engineering Services For the 2013 Capital Improvement Program Contract C This contract (the "Contract") is dated as of , 2013 (the "Effective Date") and is by and between the City of Des Plaines (the "City") and Chastain and Associates, LLC (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Services. The Consultant will perform the following services for the City described in the "Scope of Work" set forth in the "Construction Engineering Inspector for 2013 Street and Utility Improvements - Contract C Proposal" attached to, and by this reference made a part of, this Contract as Attachment 1 (the "Services"). 1.2 Project Time. The schedule for the Services (the "Services Schedule") is: Services will commence not later than 10 days after the City provides notice to the Consultant to proceed and will be completed when the City provides notice to the Consultant that the Services have been satisfactorily completed (the "Completion Date"). 1.3 Term; Extensions. This Contract commences on the Effective Date and terminates on the Completion Date (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term. 1.4 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub -consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Services Schedule as a result of any such removal or replacement. -1- EXHIBIT A Page 7 of 50 1.5 Financial Ability to Perform. The Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services in full compliance with, and as required by or pursuant to, and this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services, the City will pay the Consultant the following compensation ("Compensation"): See Attachment 1, Tab 5. ("Schedule of Pricing'). Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 2.3 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Fina! Payment. The Services will be considered complete on the date of final written acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment. The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. -2- EXHIBIT A Page 8 of 50 2.5 Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, (5) the cost to the City, including without limitation reasonable attorneys' fees, of correcting any of the matters stated in this Section or exercising any one or more of the City's remedies set forth in Section 8.3 of this Contract. The City will notify the Consultant in writing given in accordance with Section 9.10 of this Contract of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of three years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region (the "Standard of Performance"). All Services must be free from defects and flaws, must conform to the requirements of this Contract, and must be performed in accordance with the Standard of Performance. The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. 3.2 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers, so long as that notice of the defects is given by the City to the Consultant within two years after completion of the Services. -3- Page 9 of 50 3.3 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons caused by any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guaranty that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 Responsibility for Work by Contractors. Subject to the next sentence of this Section 3.5, the Consultant is not responsible for a contractor's construction means, methods, techniques, sequences or procedures, time of performance, compliance with law, or safety precautions and programs, and the Consultant does not guarantee the performance of a contractor. Nothing in the previous sentence may be construed or applied to limit the responsibility of the Consultant to properly perform, or the liability of the Consultant for failure to properly perform, all of the Services required by the Consultant under this Contract Order. which Services may include contract and work oversight, inspections of work performed by a contractor, contract compliance services, and similar services. 3.6 City Responsibilities. Except as provided in this Contract Order, the City, at its sole cost and expense, will have the following responsibilities: (a) To designate a person with authority to act as the City's representative. In the absence of a written designation, the City's representative will be the City's Director of Public Works. The City's representative will have the authority to act on behalf of the City, except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data reevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. -4- EXHIBIT A Page 10 of 50 (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (f) To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over a project when requested by the Consultant, except the extent such approvals are part of the Services. (i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests. (j) To attend project -related meetings. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.7 Time of the Essence. Time is of the essence for all activities with regard to the performance of the Services. 3.8 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services (a "Services Change Order") provided, however, that any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment 2. The Consultant may request a Services Change Order based on a material change to any Services. A Services Change Order may include additions to and deletions from the Services and will include any equitable increases or decreases to the Compensation. Page 11 of 50 4.2 Revision Notices. Within 10 days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the 10 -day period, then the Consultant will be deemed to have accepted the Services Change Order and the Services Change Order will be final. 4.3 Disagreements over Services Change Order Terms. If the City and the Consultant cannot agree on the proposed revisions to the Compensation or Services Schedule terms of a Services Change Order, then the Parties will apply the dispute resolution provisions of this Contract in order to reach agreement. In that event, the Consultant must proceed diligently with the revised Services as directed by City pending resolution of the disagreement. The Consultant will be compensated equitably for the work the Consultant undertakes during the disagreement resolution process. 4.4 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Services Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes 'ft is entitled to an adjustment in the Compensation or Services Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 4.5 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension of the Services Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 10 days after the start of the delay and again in writing within 10 days after the delay has ended (the "Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any. for a change in Compensation or Services Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 5.2 Scope of Coverage. -6- Page 12 of 50 (a) Commercial General Liability. Insurance Services Office Commercial General Liability occurrence form CG 0001, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B). (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." (c) Professional Liability. Indemnification and defense for injury or damage arising out of negligent acts, errors, or omissions in providing professional services. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 5.3 Minimum Limits of Coverage. (a) Commercial General Liability. $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000. (b) Business Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Workers' Compensation and Employers' Liability. Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. (d) Professional Liability. $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract, with a deductible not -to -exceed $150,000 without prior written approval. 5.4 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self-insured retentions with respect to the City and its officials, employees, agents, and representatives or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. This provision does not apply to Paragraph 5.3(d) above. 5.5 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, employees, agents, and representatives must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, employees, agents, and representatives. -7- EXHIBIT A Page 13 of 50 (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, employees, agents, and representatives. Any insurance or self-insurance maintained by the City and its officials, employees, agents, and representatives will be excess of the Consultant's insurance and will not contribute with it. (c) Reporting Failures. Any failure to comply with reporting provisions of any policy must not affect coverage provided to the City and its officials, employees, agents, and representatives. (d) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (e) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, employees, agents, and representatives as additional insureds under the umbrella policy. (f) Occurrence Form. All general liability coverage must be provided on an occurrence policy form. Claims -made general liability policies are not acceptable. (g) Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, employees, agents, and representatives for losses arising from work performed by the Consultant. (h) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non -renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years. (i) All Coverage. Each insurance policy required by this clause must be endorsed to state that coverage will not be suspended, voided, cancelled, or reduced in coverage or in limits except after 30 days prior written notice to the City by certified mail, return receipt requested. (j) Acceptability of Insurers. Unless specifically approved in writing in advance by the City, all insurance must be placed with insurers with a Best's rating of no less than A-, VII. All insurers must be licensed to do business in the State of Illinois. 5.6 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, employees, agents, and representatives as additional insureds and with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City and in any event must be received and approved by the City before any work commences. Other additional -insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional -8- Page 14 of 50 Insured Endorsements CG 2010 or CG 2026. The City reserves the right to request a full certified copy of each insurance policy and endorsement. 5.7 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements stated in this Article 5, except its professional liability policy. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") as follows: (a) Against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs, and expenses (collectively "Professional Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent performance of any professional Services by the Consultant or its employees or sub -consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City; and (b) Against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, costs, and expenses (collectively "General Liability Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent act or omission of the Consultant or its employees or sub -consultants other than any professional Service or that may in any way result therefrom, except only Generai Liability Claims arising out of the sole legal cause of the City. 6.2 Notice of Claim to Consultant. The City must provide notice of a Claim to the Consultant within 10 business days after the City acquires knowledge of that Claim. 6.3 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 6.4 Withholding Payment, To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any loss until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.5 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted primarily from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. INFORMAL DISPUTE RESOLUTION -9- EXHIBIT A Page 15 of 50 7.1 Dispute Resolution Panel. Any dispute between the City and the Consultant related to this Contract will be submitted to a dispute resolution panel comprised of two representatives of each Party who have been given the authority to agree to a resolution of the dispute. The panel may meet or may conduct its discussions by telephone or other electronic means. If the panel has failed to convene within two weeks after the request of either Party, or is unable to resolve the dispute within 30 days, then either Party may exercise any other rights it has under this Contract. 7.2 Communications in Nature of Settlement. All communications between the Parties in connection with the attempted resolution of a dispute will be confidential and will deemed to have been delivered in furtherance of dispute settlement and thus will be exempt from discovery and production, and will not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial, or other proceeding for the resolution of the dispute. 7.3 Performance of Services. During the dispute resolution process, the Consultant must proceed diligently with the performance of Services. ARTICLE 8. TERMINATION 8.1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Services performed by the Consultant up to the date of termination. The Consultant is not entitled to compensation of any kind, including without limitation for lost profit, for any Services not performed by the Consultant. 8.2 Termination by City for Breach. The City at any time, by written notice, may terminate this Contract on account of breach by the Consultant and failure of the Consultant to cure the breach within 10 days after that written notice or such further time as the City may agree, in the City's sole discretion, in response to a written notice from the Consultant seeking additional time to cure. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of a project within the established schedule, (d) failure of the Consultant to have or maintain adequate financial or legal capacity to properly complete any Services. 8.3 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any -10- EXHIBIT A Page 16 of 50 Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination for Convenience. If, after termination of this Contract by the City for breach, it is determined that the Consultant was not in breach or that the termination otherwise was irregular or improper, then the termination shall be deemed to have been made for the convenience of the City under Section 8.1 of this Contract. 8.5 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to be an employee, agent, or joint venturer of the City. 9.2 Compliance with Laws; Communications with Regulators. The Consultant must comply with all statutes, ordinances, codes, and regulations applicable to the Services. Except to the extent expressly set forth in this Contract, the Consultant may not communicate directly with applicable governmental regulatory agencies with regard to Services without prior express authorization from the City. The Consultant must direct inquiries from governmental regulatory agencies to the City for appropriate response. 9.3 Consultant Payments; Waivers of Liens. The Consultant must pay promptly for all services, labor, materials, and equipment used or employed by the Consultant in the performance of any Services and must not cause any materials, equipment, structures, buildings, premises, and property of the City to be impressed with any mechanic's lien or other liens. The Consultant, if requested, must provide the City with reasonable evidence that all services, labor, materials, and equipment have been paid in full and with waivers of lien as appropriate. 9.4 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.5 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. it - EXHIBIT A Page 17 of 50 (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, and suppliers. 9.6 Intellectual Property. The Consultant may not infringe on any intellectual property (including but not limited to patents, trademarks, or copyrights) (collectively "Intellectual Property") in the performance of Services. If ever the Consultant is alleged to have infringed on any Intellectual Property, then, in addition to the Consultant's obligations to indemnify Indemnified Parties under this Contract, the Consultant also, at the sole discretion of the City and at the Consultant's sole expense (a) procure for the City the right to continue using the infringing subject matter, or (b) replace or modify the infringing subject matter so that it becomes non -infringing but still complies with the requirements of this Contract, or (c) reimburse the City for all payments made to the Consultant relating to or impacted by the infringing material and all costs incurred by City resulting from such infringement. 9.7 Confidential Information. All information and data disclosed by the City and developed or obtained under this Contract must be treated by the Consultant as proprietary and confidential information ("Confidential Information"). The Consultant must not disclose Confidential Information without the City's prior written consent. No person may use Confidential Information for any purpose other than for the proper performance of Services. The obligations under this Section 9.7 does not apply to Confidential Information that is (i) in the public domain without breach of this Contract, (ii) developed by the Consultant independently from this Contract, (iii) received by the Consultant on a non -confidential basis from others who had a right to disclose the information, or (iv) required by law to be disclosed, but only after prior written notice has been received by City and City has had a reasonable opportunity to protect disclosure of the Confidential Information. The Consultant must ensure that the foregoing obligations of confidentiality and use extend to and bind the Consultant's sub - consultants and suppliers. 9.8 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. 9.9 Copyrights and Patents. The Consultant agrees not to assert, or to allow persons performing under the Consultant's control to assert, any rights to Data or establish any claim under design, patent, or copyright laws. It is expressly agreed that all copyrightable or patentable Data produced as part of Services has been specifically commissioned by the City and is considered "work for hire," and that all copyrightable and other proprietary rights in that Data -12- Page 18 of 50 will vest solely in the City. Further, the Consultant agrees that all rights under copyright and patent laws under this Contract belong to the City. The Consultant hereby assigns any and all rights, title, and interests under copyright, trademark, and patent law to the City and agrees to assist the City in perfecting the same at the City's expense. 9.10 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: City of Des Plaines Department of Public Works and Engineering 1420 Miner Street Des Plaines, Illinois 60016 Attn: Jon Duddles If to the Consultant: Chastain and Associates, LLC 127 N. Wyman Street Rockford, IL 61103 Attn: David E. Lawry with a copy to: City of Des Plaines 1420 Miner Street Des Plaines 60016 Attn: City Manager with a copy to: Attn: or to such other address as the party to whom notice is to be given has furnished in writing. 9.11 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.12 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.13 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.14 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.15 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. -13- Page 19 of 50 9.16 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules or regulations. 9.17 Compliance with Laws. Grant Regulations. All Services must be provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.18 Representation of No Conflicts. The Consultant represents that (1) no City employee or agent is interested in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.19 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Contract as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF DES PLAINES CHASTA`N AND ASSOCIATES, LLC By: By: Name: Michael G. Bartholomew Name: Title: City Manager Title: -4.. Page 20 of 50 ATTACHMENT 1 Construction Engineering Inspector for 2013 Street and Utility Improvements - Contract C Proposal Submitted to: Submitted by: CITY OF DES PLAINES CHASTAIN A `'`',r,`'" iorTS LLC CONSULTING ENGINEERS Chastain & Associates LLC 8609 W. Bryn Su to 2- - Chicago, Illinois 60631 P: 773.714.0050 773.714.0055 hIcIlp.com Dated. May 29, 2013 ICHASTAIN & ASSOCIATES LLC CONSULTING ENGINEERS City of Des Plaines Department of Public Works and Engineering Jon Duddles, Assist. Dir. Of Public Works and Engineering 1420 Miner Street Des Plaines, IL 60016 127 N Wyman Street 815489-0050 ROCKFORD, ILLINOIS 61103 FAX• 815-489-0055 RE: Proposal for — 2013 Street and Utility Improvement - Contract C Dear Mr. Duddles, Thank you for the opportunity to submit our proposal to provide Phase III construction engineering services for the 2013 Street and Utility Improvements project. Chastain recognizes cost as an important element along with our firm's qualifications. We have identified one main individual which we believe presents the best value to the City. Thad Jedrzejak has been identified as the Construction Inspector to provide all construction observation for this important project. Thad will report directly to you as the resident engineer for the project. We have also included me in a minor support role as Project Manager should you choose that option. You will see in the proposal price, my time on the project is minimal. I will provide any needed effort to support Thad with mainly communication and outreach should that become necessary during the course of construction. We will provide the obvious construction observation and also the less obvious, but more important, communication and coordination with the adjacent properties and the community. In a low bid environment, more than likely, you will receive a qualified low bid from a construction firm that will focus mostly on their bottom line and not as much on how their work will impact the community. We believe it is our role as the construction engineer to manage the contractor to ensure their work, not only complies with the plans and specifications, but also minimizes the impact to effected properties and the community. We are suggesting a small level of effort to present this project to the community after the pre -construction meeting but before construction commences. We have had success holding meetings in an open house type format to kick off the project with the affected properties and stakeholders. The open house allows the public to see what work is contemplated and allows them to meet and dialog with the construction team. The construction team can gain valuable insight with special requests and potential conflicts from the stakeholders. This open house effort is at your discretion, of course. Chastain's IDOT-audited, combined Fringe and Overhead factor has been, and remains, among the lowest in the state. This low fringe and overhead factor allows Chastain to provide from 15% to 20% more engineering hours for the similar fees charged by other firms, which generates higher -quality of professional service for the project. The Chastain team looks forward to the opportunity to meet with the City staff to discuss the project further. You may contact me with further questions at 847-417-4180. Sincerely, David L. Lawry, P.E. Project Manger EXHIBIT A Page 22 of 50 ICHASTAIN & ASSOCIATES LLC CONSULTING ENGINEERS Table of Contents Tab 1 Tab 2 Tab 3 Tab4 Tab 5 Tab6 Tab 7 Cover Letter Firm Description History of Firm Proposed Scope of Work Key Individual Resumes Proposed Price Including hourly rates and expenses Liability insurance IDOT Prequalification E XIJI13IT A. Tab 1 EXHIBIT A Page 24 of 50 CHASTAIN LLC c.OVSui 1 INC ENCINLLRS Firm Description Chastain is a professional engineering firm providing a wide variety of engineering services for numerous municipalities, counties, state and local agencies, industrial, and private sector clients throughout Illinois. Our projects range from simple location of lot pins to multi-million dollar design and construction projects. Chastain is guided by the principles of building and maintain long-lasting client relationships. We are dedicated to providing responsive, quality engineering utilizing a team approach, half a century of hands-on experience, united with current technology to develop creative and practical solutions for our clients and the communities we serve. Chastain's home office is located in Decatur, Illinois and was established in 1954 by Homer L. Chastain. We have branch offices in Chicago which was established in 1979, and Rockford established in 2006. The firm is owned and operated by three Partners. Chastain is licensed to do business in the State of Illinois as a professional design firm providing professional civil and structural engineering, and land surveying services. Chastain offers services in the fo°lowing disciplines: • Transportation Planning & Engineering • Municipal Engineering & Civil Site Development • Construction Engineering & Observation Personnel by Function • Project Principals • Sr. Project Manager • Project Managers • Project Engineers • Engineers • Chief of Survey • Surveyor II • Surveyorl • Senior Technicians • Technician II • Technician 1 • Accounting / Administrative Assistants Total Lac IUJNOIS ASSOCIATION OF COUNTY ENGINEERS 4 5 4 4 5 1 1 1 6 6 1 4 42 111tar � — • Structural Engineering • Hydrographic, Topographic & Land Surveying Licensed Staff Count • Professional Engineers — P.E. • Structural Engineers—S.E. • Professional Land Surveyors—P.L.S. D Engineer In Training— E.I.T. ® Land Surveyor in Training— L.S.I.T. (4.13 13 1 3 6 1 24 ACEC Illinois Engineering sustainable communities future generations come home to. EXHIBIT A Tab 2 EXHIBIT A Page 26 of 50 CHASTAIN & ASSOCIATES, LLP CONSULIING ENGINEERS History of Firm Village of Hoffman Estates Palatine Road Widening & Traffic Signal Project, Hoffman Estates, Illinois Chastain is providing Phase III construction engineering services on Palatine Road for the widening and traffic signal improvement project. Improvements will provide a consistent three land cross section with left turn lanes between Haman Road and Huntington Boulevard. A new traffic signal is included at the Palatine and Huntington intersection plus changes will be made at the Chambers Drive signal to improve pedestrian crossings. Work includes earth excavation, constructing new PCC sidewalk, HMA pavement, aggregate shoulders, ditch and roadside re -grading, storm sewer, permanent and temporary traffic signal installation and maintenance, landscaping, signs, and pavement markings. Scope includes project management, material testing, layout, documentation, and on-site construction observation and close-out documentation in accordance with IDOT STP funding requirements. STP funds will cover 80% of the cost with the majority of the local match paid by the State. The Village was the lead agency for the project, applying for and receiving approval for federal funds. Estimated completion date is September 2013 with an estimated construction cost of $2.1 million. Before photo looking east on Palatine Road and Huntington Boulevard. This intersection will receive new traffic signals. City of Elgin 2013 Neighborhood Street Program, Elgin, Illinois Chastain is providing Phase II design and Phase III construction engineering services for their 2013 Neighborhood Street Program. Work includes topographic survey of 12,000 feet (25 blocks) of residential street rehabilitation, including water main replacement, sanitary sewer repairs, spot storm sewer repairs and full replacement of curb & gutter, sidewalk, and driveway aprons. Field work includes inspection and assessment of utility structures, televising sewers and conducting an inventory of trees, signs, lights and other parkway features. Chastain will also be providing alternate HMA pavement mix designs as part of the completed in the fall 2013. Before picture of a typical sidewalk improvement need. project deliverables. Construction is anticipated to be Engineering sustainable communities future generations come home to. EXHIBIT A Page 27 of 50 CHASTAIN & ASSOCIATES, LLP CONSULTING LNGINI CI(S History of Firm Village of Hoffman Estates Higgins Road (IL 72), Hoffman Estates, Illinois Chastain provided Phase III Engineering Services for the new construction of a timber pedestrian bridge, bituminous bike path, and concrete sidewalks along Higgins Road. The project limits total 4,965 feet. Work also included earth excavation, new PCC sidewalks, culvert installation, pedestrian signal installation, striping, signage, tree and shrub removal, pruning, and new plantings. Services provided are on-site field inspections, attend meetings, documentation of work and quantities using ICORS, QA/QC, reporting work performed by the contractor to meet CMAQ requirements, construction staking/layout as needed, submit pay estimates, and change orders. CMAQ funds were used to construct the new bike path from Golf Road to Plum Grove Road. Total construction cost was $640,000. City of Rockford 2012 Neighborhood Improvement Program, Various locations throughout Rockford, Illinois Chastain performed Phase 111 construction observation and documentation support services for the City of Rockford for their 2012 Neighborhood Improvement Program Contracts 3 and 4. Scope of work included observation and documentation of street resurfacing, curb and gutter replacements, sidewalk and ADA ramp improvements. The two contracts combined identify 40 separate street projects that vary in size and scope and are located throughout the City. Projects were completed in 2012 with a combined total construction cost of $1.5 million. These improvements were completed using city sales tax funds. Engineering sustainable communities future generations come home to. Page 28 of 50 CHASTAIN & ASSOCIATES, LLP CONSUCI ING LNGINLCKS History of Firm Village of Bolingbrook Schmidt Road & Remington Boulevard Intersection, Bolingbrook, Illinois This project included Phase I, II & III for the study, design and construction observation and documentation for new traffic signals at the intersection of Schmidt Road and Remington Boulevard in the Village of Bolingbrook. Chastain completed an Intersection Design Study, provided design services and prepared construction documents for this improvement compliant with IDOT standards and requirements. Phase III consisted of construction observation and documentation. The construction work included removal of temporary traffic signals and installation of combination mast arm t assemblies for the proposed traffic signals. Other improvements include sidewalk and ADA compliant ramps, pavement marking, and site restoration. Project was completed in 2010 for a construction cost of $275,000. Illinois State Toll Highway Authority 1-88 Reconstruction, Ronald Reagan Memorial Tollway, DuPage County, Illinois Chastain performed Phase III construction engineering services for a three year project for the Tollway. The project involved three separate contracts that were interrelated. Contract 2 involved the reconstruction and widening of IDOT's 22nd Street roadway under 1-88 in Oak Brook from McDonald's Drive to Salt Creek bridge. Work included widening and realigning the roadway to three lanes in both directions including channelization for two left turn lanes and one right turn lane at Enterprise Dr./Jorie Blvd. Project length was approximately 1/2 mile in length in a heavily populated, urban area. Project also Involved a super structure replacement on the 22nd Street Bridge over Salt Creek; bike trail construction with parapet walls and bike railings; new traffic signals; extensive relocations of utilities via open trench and directional boring, including watermain, sewer, electric, natural gas and fiber optics. Architectural elements such as ornamental festoon lighting and decorative finishes were also components of this project in this heavily travelled high profile area. Construction cost was $11 million. Engineering sustainable communities future generations come home to. EXHIBIT A Page 29 of 50 I1. %IF F'1 CHlASTAIN & AccOCIATFc 1 LP C.OVS,_ I_i INC L•INC,I ..LLRS History of Firm All three contracts were completed in 2010. In the final evaluation from ISTHA they noted "... the CM worked very hard to resolve potential problematic issues before they became critical and was a big part of this complicated project finishing successfully and ahead of schedule." and HLC staff ':..consistently outperformed expectations and helped ensure the successful completion of a difficult project." Chastain was awarded the 2010 ACEC-IL Special Achievement Award for our construction engineering efforts in this project. Chicago Department of Transportation Grand Avenue IV Lamon to Pulaski, Chicago, Illinois Chastain provided Phase 111 construction engineering services for the rehabilitation and reconstruction of Grand Avenue from Lamon Ave. to Pulaski Rd. Project is approximately 1.4 miles in length in a heavily populated urban area. The scope of work included roadway widening, rehabilitation and reconstruction, sidewalk removal and replacement, installation of ornamental lighting, new traffic signals, sewerlining and/or replacement, installation of duct packages for various utilities, traffic signal modernization and interconnects, streetscape elements, and landscaping. Key elements of the project were the disruption on neighborhoods and businesses along the project, and keeping construction site accessible. Further, the time interval between sidewalk/ADA ramp removal and replacement was kept to an absolute minimum. The project was funded utilizing FHWA funds. Project was completed in 2012 with a construction cost of $4.7 million. to minimize Chicago Department of Transportation Solidarity Drive Underpass, Chicago, Illinois Chastain provided Phase 111 construction engineering services for the reconstruction to Solidarity Drive Underpass and Museum Campus Circle Drive. The project is located in the city's museum campus directly abutting the John G. Shedd Aquarium. The underpass, consisting of two bridges, provides uninterrupted access for the Lakefront Trail users, improves safety and access, and helps ease congestion in the area. The project also included reconstruction of the Museum Campus Circle Drive, relocation of the Thaddeus Kosciuszko Monument, a new "gateway" signing for the Adler Planetarium, Engineering sustainable communities future generations come home to. EXHIBIT A Page 30 of 50 CHASTAIN & ASSOCIATES, Ili) CONSULTING LNGINIiCNS History of Firm extensive underground utility relocation, and reconstruction of a portion of the Burnham Harbor parking lot and entrance. Project was partially federally funded by the Congestion Mitigation and Air Quality Improvement Program (CMAQ). Project was completed in 2009 and construction cost was $16.8 million. 2010 ACEC-IL Merit Award. Winnebago County Highway Department Holverson Road Bridge Phase III, Winnebago County, Illinois Chastain provided Phase 111 construction observation for the replacement of the Holverson Road Bridge. The existing structure was a four cell (11'x8') box culvert being replaced with a three -span PCC deck beam superstructure on a pile bent substructure. Project was funded using Township Bridge Funds. Scope of work included observation, documentation, progress payment review, and project close-out. Project was completed in 2012 with an estimated construction cost of $375,000. Winnebago County Highway Department Wheeler Road over Otter Creek Bridge, Winnebago County, Illinois Chastain provided Phase II design engineering services and Phase 111 construction engineering services for the replacement of an existing 60 year old, 3 span, cast in place concrete structure with a twin 3 - sided box structure on pile supported footings with cast in place wing walls. Scope of work included hydraulic modeling of structure and water course using HEC -RAS, design of roadside ditch, and preparation of construction plans, specifications, quantities and cost estimates. Chastain gathered alignment, cross-sections, topographic survey for the roadway in the vicinity of the bridge along with stream and floodplain surveys as required to prepare and complete the IDOT Hydraulic Report in accordance with the IDOT BLR Manual. Chastain submitted an Environmental Survey Request to IDOT BLR in accordance with BLR Circular #2000-10. Chastain facilitated IDNR coordination on County. Project was funded by STP funds. Project was completed in 2009. Construction $750,000. behalf of Winnebago cost was Engineering sustainable communities future generations come home to. EXHIBIT A Page 31 of 50 CHASTAIN & ASSOCIATES, 1 LP CONSULTING ! r GINLI RS History of Firm DuPage County DOT 2009 North and Central Pavement Maintenance, DuPage County, Illinois Chastain was selected to perform construction engineering services for DuPage County's North and Central Maintenance contract which included bituminous surface removal and replacement, pavement patching, selective curb and gutter replacement, utility adjustments, and pavement markings. Also included was bituminous surface removal and replacement on the DuPage DOT Highway Garage parking lot. The project utilized a variety of HMA mixtures including: Ground Tire Rubber Modified HMA, Stone Matrix Asphalt and Standard Mix "D" N70 HMA. In the final evaluation from DuPage County they scored Chastain as EXCELLENT in training skill of staff, decision making ability and our coordination of project with the County. They noted, "The consultant utilized their staff efficiently to cover the project and was very cooperative in working with the County." This a construction cost of $1.2 million. project was completed in 2010 for Engineering sustainable communities future generations come home to. EXHIbi Page 32 of 50 Tab 3 EXHIBIT A Page 33 of 50 ICHASTAIN & ASSOCIATES LLC CONSULTING ENGINEERS Scope of Work Project Approach The City of Des Plaines desires to hire a qualified engineering firm for Phase III Construction Observation Engineering for the 2013 Street and Utility Improvements — Contract C. Chastain & Associates, LLC proposes to staff and manage the construction engineering phase with David Lawry as the Project Manager and Thad Jedrzejak and the Construction Inspector. Dave Lawry's role will be minor from a cost perspective but important given his experience with municipal street improvement projects. It is understood that Thad Jedrzejak will report directly to Jon Duddles and will be responsible to provide daily construction observation, documentation, and reports. Chastain plans to provide the following professional services to the City: • Participate in a pre -construction meeting with the City and Contractor. a Continuous observation of the construction work and the Contractor's operations to verify that construction is accomplished in accordance with the plans and specifications. • Maintain a daily record (diary) of the Contractor's activities throughout construction, including documenting sufficient information to verify the nature and cost of changes in plans and authorized extra work, if necessary. Chastain possesses the ability to record all project documentation in the IDOT - ICORS system. • Prepare and submit to the City weekly reports, participate in weekly progress meetings with the Contractor, and organize other important milestone meetings as required by the City. Utility coordination, identifying, anticipating, and determining the ramifications of any unforeseen conditions or situations that may arise on the project, coordinating with the Designer, making detailed recommendations for field changes, plus documentation of necessary changes. • All items related to project closeout including, punch list completion, Contractor agreement to quantities, and all necessary documentation. ▪ Inspection of materials and construction techniques per the contract specifications to achieve the highest quality possible for the project. ▪ Prepare and submit to the City for review and processing all required partial and final pay estimates, invoices, change orders, records, and reports. • Revise contract drawings to reflect as -built conditions if desired by the City. • Complete and submit all final measurements, calculations, and final documentation to the C;ty no later than six weeks after the completion of construction. • Survey services could be made available if requested by the City. • Our team will provide engineers/technicians, vehicles, cell phones, ICORS computer laptop, material testing equipment, survey equipment, and all other tools of the trade as necessary to complete these Phase III Engineering Services. IICHASTAIN & ASSOCIATES LLC CONSULTING ENGINEERS Scope of Work Key Elements Chastain's attention to detail on these key elements will ensure project success: • Monitor all existing trees and plantings within the work zone to verify that only what is necessary (per the plans) is disturbed. o Identify potential utility conflicts and coordinate with the utility companies to ensuring timely relocations of those facilities, as may be required. • Attention to driveway access for the abutting properties during construction, as well as pedestrian access requirements. • Inspect drainage improvements and check that temporary work does not cause adverse drainage impacts. o Chastain will provide weekly inspections of all erosion control measures. • Construction staging and maintenance of traffic will be carefully monitored during construction to minimize adverse impacts to the motoring public and local businesses. Conclusion Our construction observation team has an excellent record of timely and successful completion of Local, State, and Federally funded projects of similar nature to the 2013 Street and Utility Improvements. Our recent project experiences and our past work with the City of Des Plaines give us familiarity with these types of improvements and allow the greatest efficiency to interpret the plans and to oversee Contractor operations. Our Construction Inspector, Thad Jedrzejak, has been with Chastain for over seven years and is ICORS trained. Thad has current IDOT Documentation Certification as well as specific experience in the area of Hot Mix Asphalt and Portland Cement Concrete. His projects have all passed Audit inspections from the Illinois Department of Transportation - Bureau of Local Roads. If required, individuals within Chastain have completed and passed all of IDOT's QA/QC Technician training courses. These consist of Half -Day Nuclear Density Training, 3 -Day Aggregate Quality Control, Level I and II in Hot Mix Asphalt and the IDOT/ACI Portland Cement Concrete training courses Levels I and II and all other soil testing requirements. Lastly, our professional engineers, surveyors, engineering technicians, and office support can be made available as well to add their expertise and specialization in the construction guidance of this important project. These team members have received "excellent" ratings on recent IDOT and ISTHA construction projects. As a team, they have the capabilities to apply their diverse knowledge to solving problems and ensuring that the 2013 Street and Utility Improvements are completed to the satisfaction of the City of Des Plaines. Tab 4 EXHIBIT A Page 36 of 50 CHASTAIN & ASSCICIATFG r I C CONSULTING ENGI`rrRS Mr. Jedrzejak is a recent graduate of the University of Illinois with a Bachelor of Science in Architecture. He is a Graduate Engineer in Chastain's Chicago office. He joined the firm in 2006 providing construction inspection, documentation, and field support to our Construction Department EDUCATION • B.S. in Architecture, University of Illinois — Chicago, 2011 CONTINUED EDUCATION • Illinois Toliway Construction Managers Training • IDOT Documentation of Contract Quantities, #12-0379, expires 318/16 • IDOT ICORS Certified THAD JEDRZEJAK I Construction Engineer IDOT, District 1,1-80 Phase 111 Roadway Resurfacing, Bridge Repair & Signing, Will County, IL — Construction Technician Project involved Phase III construction observation services for a 15 mile long segment of 1-80 from Grundy County Line to US 30 which is a four lane divided rural highway with a grassy median and cable barrier system. The primary proposed improvements will consist of milling the existing pavement, pavement patching and hot -mix asphalt resurfacing. Pavement markings and new signing will be included as well as bridge deck repairs to twenty nine (29) mainline bridges, over roadways, waterways and railroads. This portion of 1-80 is a fairly heavily traveled section of the Interstate highway with an ADT of up to 87,000. • Responsible for construction observation, documentation, and traffic control including use of ICORS for all field data and project pay estimates. ISTHA, 1-88 Reagan Memorial Tollway improvements, DeKalb & Kane Counties, IL — Documentation Technician Project consists of Phase 111 Engineering Services for the Roadway and Bridge Rehabilitation on the Reagan Memorial Tollway (1-88) in DeKalb and Kane Counties from Annie Glidden Road to IL 56. Improvements include the milling, patching and resurfacing of approximately a 22 mile section of four lane roadway and associated ramps as well as substructure and superstructure repairs to bridges. Additional work includes guardrail replacement, drainage improvements, signage, pavement marking, and traffic surveillance system work. ISTHA, 1-355 Veterans Memorial Toliway Improvements, DuPage County, IL — Construction Technician Phase 111 construction engineering services for this $29 million, 7 % mile road and bridge rehabilitation project. Project included patching the existing PCC pavement and placement of an SMA overlay on the mainline, an HMA overlay on the shoulders, joint replacement and/or deck repairs on 10 bridges, replacement of the concrete gutter along the outside shoulder to accommodate the overlay, the vertical extension of the median barrier wall, and replacement of all guardrail, signage, and pavement markings. ACEC-IL 2012 Engineering Excellence Special Achievement Award. ISHTA, 1-88 Reconstruction, Ronald Reagan Memorial Tollway, DuPage County, IL — Construction Technician This $76 million multi -contract construction project involved the realignment of the north 1-294 to west 1-88 entrance ramp including a new 936 foot long curved bridge; reconstruction and widening of 22"d Street under 1-88. This urban, arterial roadway included three lanes in both directions, channelization, super structure replacement, traffic signals, bike trail, retaining walls, and utility relocation; and new construction of a sound barrier wall approximately five miles in length. Responsible for construction inspection and documentation. Page 37 of 50 Winnebago County Highway Department, Holverson Road Bridge Phase III — Construction Technician Chastain provided Phase III construction observation for the replacement of the Holverson Road Bridge. The existing structure was a four cell (11'x8') box culvert being replaced with a three -span PCC deck beam superstructure on a pile bent substructure. Project was funded using Township Bridge Funds. The scope of work included observation, documentation, progress payment review, and project close-out. Project was completed in 2012 with an estimated construction cost of $375,000. 0 Responsible for construction inspection and documentation 1:\1111.311 .A Page 38 of 50 ICHASTAIN s- '``""SATES LLC CONSULTING rNGINEERS Mr. Lawry is a professional engineer with more than 27 years of experience in the public sector. He has held the title of Public Services Director for the last 14 years and has managed the departments of Public Works, Environmental Quality, Engineering and Information Technology. He has served communities ranging in population from 12,000 to 108,000. He has eamed a reputation as a dedicated professional improving the quality of life in the communities he has served. Mr. Lawry joined the firm in 2012. As Director of Municipal Services, his role is to oversee the development and growth of municipal services including the procurement management, public involvement, and delivery of engineering projects for the fern. EDUCATION • B.S. in Civil and Environmental Engineering, Univers'ty of Wisconsin, 1985 REGISTRATION • Professional Engineer In Illinois, 062-046220, 1990 • Professional Engineer in Wisconsin, 26373-6 PROFESSIONAL AFFILIATIONS ■ American Public Works Association, National Board of Directors as At -Large Director for Engineering and Technology ■ IPSI Steering Committee • Public Works Historical Society • American Society of Civil Engineers • National Society of Professional Engineers • American Water Works Association PUBLICATIONS • Road and Bridges, "Packed Attack" • APWA Reported, "Impacts of Winter Weather on Public Works - Can it Garner Positive Public Exposure?" AWARDS • APWA Top Ten Public Works Leaders of the Year, 2012 DAVID L. LAWRY, P.E. 1 Director of Municipal Services City of Elgin, 2013 Neighborhood Program, Elgin, IL — Project Manager Project involves Phase II design services for their 2013 neighborhood street program. Work includes survey, residential street rehabilitation including water main replacement, sanitary sewer repairs, spot storm water repairs and full replacement of curb & gutter, sidewalk, and driveway aprons. Field work includes inspection and assessment of utility structures, conducting an inventory of trees, signs, lights, and other parkway features. Alternate HMA pavement mix designs will be a part of the project deliverables. Village of Wauconda, Director of Village Operations (2012-2012) As the Director of Village Operations, his duties included managing Public Works, Building Maintenance, and Engineering and Environmental Quality. He managed municipal procurement of professional services including issuing RFP's and receiving and reviewing proposals. He provided assistance with Economic Development, Planning, Building and Zoning, and Budgets. Completed a DCEO grant funded project to replace an aged sanitary sewer lift station and MFT funded projects for street resurfacing. City of Elgin, Public Services Director (2012-1989) As Public Services Director, his duties encompassed a wide range of activities including the management of the programs and personnel associated with the departments of Public Works (including Parks Maintenance), Engineering, Building Maintenance and Water. He managed municipal procurement of professional services including issuing RFP's and receiving and reviewing proposals. He reported directly to the City Manager and worked with the City Council and the City Manager on critical projects and issues related to the formulation of city policy. He began his employment with the City in 1989 as a Civil Engineer I and advanced to Civil Engineer III by 1996. In 1996 he was promoted to Public Works Director and served that position until 1998 when he received the title of Public Services Director. Major accomplishments during his 13 years as Public Services Director include: • Construction of 184,000 SF Recreation Center. • 16 MGD water treatment plant expansion. • Construction of a 130,000 SF Public Works Facility. • 7 year -phased Central Business District Streetscape Improvements. • Expansion of the City's sanitary sewer system. • Construction of two parking decks adding over 900 additional downtown parking spaces. • Renovation of a 10 MGD water treatment facility • Implementation of the City's 30 year combined sewer separation program. Page 39 of 50 PUBLIC SPEAKING • NPRA: "Recreation's Role in Downtown Redevelopment", 2005 • IAMMA: "Introduction to Public Works", 2009 APWA. Snow Conference "Performing Snow Operations with Declining Budgets", 2010 i MGIA: "Use of Liquids, Emergency Response", 2011 6 IRMA: "Use of Liquids, Emergency Response", 2011 • Creation of a Grant Writing Program o Grant work experience includes o Surface Transportation Program (STP) o Congestion Mitigation Air Quality (CMAQ) • Department of Commerce and Economic Opportunity (DCEO) • Open Space Land Acquisition and Development (OSLAD) • Illinois Environmental Protection Agency (TEPA) — including low interest loans, Illinois Green Infrastructure Grants (IGIG) and 319 Grants for nonpoint pollution control. • Safe Routes to School — Federal Highway Administration (FHWA)/ Illinois Department of Transportation (IDOT) Page 40 of 50 Tab 5 EXEIIBIT A Page 41 of 50 CO w c.) w co Lu Z LL 111 O N t) a u. O �- w cov 1= w co 0V O1 N 1') 0 Chastian & Associates N O N 1 0 OC O i51- ce a w E O 0 E a LLo40 p F 100.00%1 r 0.00%, e O 0 O Or m 58,433.471 o O t- CD v. co (0 m F- E p O 0 0 0 SERVICES BY OTHERS (G) 0 O O O 5 V O c ii, U. W U. 7,451.061 O 0 d 7,451.06 IN-HOUSE DIRECT COSTS (D) 5,466.50 0 to co v 6' OVERHEAD FRINGE BENF (C) in M isiN 1 25,377.91 o m a tl 0 O 0 in ,- o N O 0 0 CD 0 N MANHOURS (A) O 0 CO 800 wi C Construction Inspection 1 ISubconsultant DL TOTALS O. IU O 0003 EXEIIBIT A DBE 0.00% Page 42 of 50 AVERAGE HOURLY PROJECT RATES DATE 05129113 Chastian & Associates E 0. F - z w 2 w J a a co co COM IL d a w x co EXHIBIT A Page 43 of 50 Printed 5/29/2013 3:42 PM PREPARED BY THE AGREEMENTS UNIT B Ol 3 ..... O S e 0 0 0. 7 0 X 0 3 .... o o 49 r•-• a o 0 X o 3 a 0 69 e 0 o a. 0 0 1 o 13 3 a o q $ e 0 o a. 0 0 x 0 Construction Inspection I v va a 0 rn N w C • 0a. e N N e m0 O on O O x 0 i 0 TOTAL PROJECT RATES 1 9. Q ,- Pi Y N 0) 41 CO 69 e C e o N e oul e 0 C X ° 760 0000000000000000000000000 800 AVG HOURLY RATES O YY fV (O 24.70 PAYROLL CLASSIFICATION Project Manager 'Construction Inspector 1 TOTALS EXHIBIT A Page 43 of 50 Printed 5/29/2013 3:42 PM PREPARED BY THE AGREEMENTS UNIT Illinois Departrpent of Transportabon Direct Costs Check Sheet Firm Name: Chastain & Associates, LLC PTB/Item No: N/A REQUIRED - DIRECT COSTS WILL ONLY BE ACCEPTED FOR INCLUSION IN CONTRACT WHEN DOCUMENTED ON THIS FORM. (Indicate only rate and quantities for this specific project.) Item Allowable Contract (1) Rate Quantity (n/a for work orders) Total Per Diem Up to State Rate Maximum $0.00 Lodging (Overnight) Up to State Rate Maximum $0.00 Lodging (Extended) Actual Cost (based on IDOT's and firm's policy) $0.00 Air Fare Coach Rate (with two weeks' notice) As Approved $0.00 Vehicles: Mileage Up to State Rate Maximum $0.00 Daily Rate (owned or leased) $45/day $45.00 89.00 $4,005.00 Overtime (Premium Portion) $12.35 90.00 $1,111.50 Tolls Actual Cost $0.00 Digital Photo Processing Actual Cost $0.00 Photo Processing Actual Cost $0.00 Cell Phones - (traffic systems, survey, phase III only) $70/month/phone (maximum) - Phase III (max. of three without IDOT approval) $5.00 70.00 $350.00 Telephone Usage (traffic system monitoring) Actual Cost $0.00 2 -Way Radio (survey or phase III only) Actual Cost $0.00 Overnight Delivery/Postage/Courier Service Actual Cost $0.00 Copies of Deliverables/Mylars (in-house) Actual Cost $0.00 Copies of Deliverables/Mylars (outside) Actual Cost $0.00 Specific Insurance (required for project) Actual Cost $0.00 CADD Actual Cost (max. $15.00/hour) $0.00 Monuments (permanent) Actual Cost $0.00 Advertisements Actual Cost $0.00 Web Site Actual Cost $0.00 Facility Rental for Public Meetings & Exhibits/Renderings & AV Actual Cost $0.00 Transcriptions (specific to project) Actual Cost $0.00 Recording Fees Actual Cost $0.00 Courthouse Fees Actual Cost $0.00 Testing of Soil Samples Actual Cost $0.00 Lab Services Actual Cost $0.00 Storm Sewer Cleaning and Televising Actual Cost (requires 2-3 quotes) $0.00 Traffic Control and Protection Actual Cost (requires 2-3 quotes) $0.00 Aerial Photography and Mapping Actual Cost (requires 2-3 quotes) $0.00 Utility Exploratory Trenching Actual Cost (requires 2-3 quotes) $0.00 Shift Differential Actual Cost (based on firm's policy) $0.00 PROJECT Site Travel Actual Cost (based on IDOT's and firm's policy) $0.00 Actual Cost (requires 2-3 quotes) $0.00 Actual Cost (requires 2-3 quotes) $0.00 Include 2-3 vendor quotes and explanation for necessity. $0.00 TOTAL $5,466.50 1) Used to determine upper limit of compensation for direct cost. Unless maximum is specified under allowable, bill at actual cost. Printed 5/29/2013 BDE 436 (Rev. 06/16/09) Page 44 of 50 Tab 6 EXHIBIT A Page 45 of 50 .04400121:, ® CERTIFICATE OF LIABILITY INSURANCE ATE D04/01/DD/Y3 04/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 1-800-527-9049 Holmes Murphy and Associates - Peoria 311 S.W. Water Street Suite 211 Peoria, IL 61602-4108 Paula Dixon CONTACT NAME: PHONE IFAX (AIC. No. Exll: , (AIC. No): — E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE 1 NAIC INSURERA: XL SPECIALTY INS CO 137885 INSURED Homer L. Chastain & Associates 5 N. Country Club Rd. Decatur, IL 62521 INSURER 8 : I INSURER C: INSURER D: EACH OCCURRENCE INSURERS: —I INSURER F : I ---,---I 1-1 CLAIMS -MADE OCCUR CERTIFICATE NUMBER: 32865908 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL•SUBR TYPE OF INSURANCE INSR WVD POLICY NUMBER POUCY EFF (MMIDD/YYYY) POLICY EXP (MMIDDNYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ —I DAMAGE TO RENTED PREMISES (Ea occurrence) ( $ I ---,---I 1-1 CLAIMS -MADE OCCUR MED EXP (Any one person) $ —I ---i PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN1. AGGREGATE LIMIT APPLIES PER: I 1 LOC PRODUCTS - COMP/OP AGG $ 7 POLICY 76 $ AUTOMOBILE LIABILITY AUTO ALL OWNED AUTOS HIRED AUTOS I SCHEDULED AUTOS CO BINEDOSINGLE LIMIT (EANY BODILY INJURY (Per person) $ 1 BODILY INJURY (Per accident) $ NON -OWNED AUTOS (PerraERTY cddenlDAMAGE $ $ UMBRELLA LIAB OCCUR EXCESS LIAB 1 CLAIMS -MADE' I 1 1 1 I , EACH OCCURRENCE $ I AGGREGATE $ DED 1 RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH)I If yes, descnbe ender DESCRIPTION OF OPERATIONS Y / N I I I NIA I I WC STATU- 10TH. LIMITS , ER E L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE$ below E.L. DISEASE - POLICY LIMIT $ A Professional Liability (Claims Made) 1DPR9703864 1 I I . i I 04/13/1 1 04/13/14ISach claim 2,000,000 ,Aggregate 2,000,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER For Proposal Purposes CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE MN atiatai ACORD 25 (2010(05) lbomaritoil 32865908 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 46 of 50 Tab 7 EXHIBIT A Page 47 of 50 SEFC PREQUALIFICATIONS FOR CHASTAIN, HOMER L. & ASSOC. LLP CATEGORY STATUS Airports - Planning & Special Services A Special Studies - Traffic Signals X Structures - Highway: Simple X Special Services - Construction Inspection X Airports - Design X Highways - Roads and Streets X Special Studies - Safety A Special Services - Surveying X Location Design Studies - New Construction/Major Reconstruction X Special Services - Landscape Architecture X Hydraulic Reports - Waterways: Typical X Location Design Studies - Rehabilitation X Highways - Freeways X Special Studies - Feasibility X Structures - Highway: Typical X Special Studies - Traffic Studies X Special Studies - Location Drainage X Location Design Studies - Reconstruction/Major Rehabilitation X Structures - Highway: Advanced Typical X X PREQUALIFIED A YOU INDICATED "IN-HOUSE" CAPABILITY IN THESE AREA OF THE "SEFC' BUT WE FOUND NO DETAILED INFORMATION AS REQUESTED ON WHICH TO BASE OUR EVALUATION. P PENDING FUTHER REVIEW S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST LOSS OF PREQUALIFICATION EXHIBIT A Page 48 of 50 ATTACHMENT 2 SERVICES CHANGE ORDER In accordance with Section 4.1 of the Contract dated , 20 between the City of Des Plaines (the "City") and Chastain and Associates, LLC (the "Consultant"), the Parties agree to the following Services Change Order: 1. Change in Contracted Services: 2. Change in Project Schedule (attach schedule if appropriate): 3. Change in Project Completion Date: All Contracted Services must be completed on or before , 20 4. Change in Compensation: 5. Change in Project Specific Pricing (if applicable). ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED [signature page follows] -2- Services Change Order Page 49 of 50 CITY CHASTAIN ANI) ASSOCIATES, LLC Signature Director of Public Works And Engineering Signature Name (printed or typed) , 20 , 20 Date Date If compensation increase greater than $12,5001, then the City Manager's signature is required. Signature City Manager Date , 20 If compensation greater than $[10,0001, then the City Council must approve the Services Change Order in advance and the City Manager or Mayor's signature is required. Signature [title] Date #23402874_vI , 20 -3- Services Change Order Page 50 of 50 MTV OF Consent Agfa Items #15 & 15a City of Des Plaines Public Works and Engineering Department 1111 Joseph Schwab Road DES PLNES Des Plaines, IL 60016 !LaoiAIs - TO 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: May 30, 2013 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy J. Ridder, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Emerald Ash Borer (EAB) Tree Replacement, Additional Funding Issue: To address the 3,708 ash trees located in the City parkways the City developed an EAB Plan in 2011. This plan included the removal of 3,564 ash trees over a five year period. However, due to the acceleration of the program, additional funds are necessary for new tree planting. Analysis: The EAB Parkway Tree Removal program began 2012 with 3,564 ash trees to be removed over a five year period. Due to the lower than expected contractor costs for tree removals and the unseasonably warm winter in 2012, in which City staff were able to remove a large Number of ash trees, we have far outpaced our anticipated tree removal levels. To date, we have removed 1,543 Ash trees and have the potential for another 500 removals yet this year. In order to meet the need to offer tree replacement options to residents who had trees removed under this accelerated program, we request an additional $100,000 for a 2013 fall tree planting. This money would allow us to offer tree replanting for individuals who had trees removed in this year between January 1 and May 31, 2013. Replacement trees would be purchased through our current agreement with the West Central Municipal Conference - Suburban Tree Consortium. This is year two of the five year program. The number and species of 2" diameter trees is determined by resident participation through a $50.00 cost sharing payment per tree. The total cost for the purchase and planting for each tree ranges from $300 to $350 depending on the species selected. The prices are the same as City paid for trees for the spring 2013 tree planting. The planting of the trees will be by Northwest Landscape Services of Des Plaines who is our contractual landscaper. Northwest Landscape Services is in the first year of a three year contract for landscaping at various locations throughout the City. Recommendation: Staff recommends approval of an additional $100,000 funding to the current $50,000 amount in account 530 - 6175, General Fund - Tree Plantings, for fall tree planting in 2013. This additional $' 00,000 will allow for approximately 285 additional trees to be planted this fall. Since this was not budgeted in the 2013 budget it will be appropriated from the General Fund Contingency. Attachments: Attachment 1: Pictures - EAB Infected rees Resolution Page 1 of 10 Center ATTACHMENT 1 Page 2 of 10 Dara James ATTACHMENT 1 Page 3 of 10 Millers ATTACHMENT 1 Page 4 of 10 Sandy ATTACHMENT 1 Page 5 of 10 Welwyn ATTACHMENT 1 Page 6 of 10 Westmere TTACHMENT 1 Page 7 of 10 CITY OF DES PLAINES RESOLUTION R - 106 - 13 A RESOLUTION AUTHORIZING THE PURCHASE OF TREES THROUGH THE WEST CENTRAL MUNICIPAL CONFERENCE SUBURBAN TREE CONSORTIUM, AND THE PLANTING OF TREES BY NORTHWEST LANDSCAPE SERVICES, INC. WHEREAS, on January 22, 2013, the City Council adopted R-12-13 authorizing the procurement of trees and tree planting services through the West Central Municipal Conference Suburban Tree Consortium ("Consortium ") in the not -to -exceed amount of $50,000 from Wilson Nurseries, Inc. ("Wilson ") and Puglsey Lahaie, Ltd., respectively; and WHEREAS, the Consortium's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, in addition to Wilson, the Consortium identified the following nurseries as low bidders for certain varieties of trees: Beaver Creek Nursery, Inc., Beason's McHenry County Nursery, Inc., Hinsdale Nurseries, Inc., and Possibility Place Nursery, Inc. (collectively, "Low Bidding Nurseries"); and WHEREAS, on April 15, 2013, the City Council adopted R-72-13 authorizing the execution of an agreement with Northwest Landscape Services, Inc. ("Northwest Landscape") for the procurement of certain landscape services in the not -to -exceed amounts of $38,325.00 for fiscal year 2013, $39,474.75 for fiscal year 2014, and $40,659.00 for fiscal year 2015; and WHEREAS, the agreement with Northwest Landscape also provides for the completion of additional landscape services on a time and material basis according to rates set forth in the agreement; and WHEREAS, the City typically removes approximately 200 - 250 diseased or damaged trees located on City parkways each calendar year; and WHEREAS, to date, the City removed approximately 1,543 Ash trees due to infestation by the Emerald Ash Borer; and WHEREAS, the City plans to remove many additional trees infested by the Emerald Ash Borer during the 2013 calendar year; and WHEREAS, demand from City residents for tree planting to replace removed trees is extremely high; and WHEREAS, to meet the demand for tree planting, the City plans to offer residents a 2013 fall tree planting, which City staff predicts will cost the City approximately $100,000; and 1 Page 8of10 WHEREAS, the procurement of tree planting services on a time and material basis pursuant to the City's agreement with Northwest Landscape will be less expensive than procuring such services through the Consortium; and WHEREAS, City staff recommends authorizing the procurement of additional trees through the Consortium from the Low Bidding Nurseries, and the procurement of tree planting services on a time and material basis pursuant to the City's agreement with Northwest Landscape, all in a not -to -exceed amount of $100,000; and WHEREAS, the City appropriated $3,014,117 for the General Fund Contingency during the 2013 fiscal year, and the General Fund Contingency contains sufficient funds for the procurement of additional trees and tree planting services in the not -to -exceed amount of $100,000; and WHEREAS, it is in the best interest of the City to authorize the procurement of additional trees and tree planting services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: AUTHORIZATION TO PROCURE. The City Manager is hereby authorized and directed to execute such documents and make such payments as are necessary to complete the purchase of the trees from the Low Bidding Nurseries through the Consortium, and to complete the procurement of the tree planting services through the City's agreement with Northwest Landscape on a time and material basis, all in the not -to -exceed amount of $100,000. SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] 1 Page 9 of 10 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res12013\DP-Resolution Approving Expenditure of Additional Funds for Fall Tree Planting #23437692_v2 3 Page 10 of 10 COMMITTEE OF THE WHOLE PACKET CITY OF DES PLAINES ILLINOIS CoJptiteee of the Whole Item #14 City of Des Plaines Finance Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5325 Fax: 847-391-5402 Date: 6/6/2013 To: Michael Bartholomew, City Manager CC: Mayor, City Council, City Clerk, General Counsel, Department Directors From: Dorothy Wisniewski, Director of Finance Subj: Resolution R-107-13 June 17, 2013 Warrant Register I recommend that the above-mentioned Warrant Register be approved in the amount shown below: Warrant Register......... ....... ........ $2,792,746.59 DW/wj Page 1 of 23 CITY OF DES PLAINES RESOLUTION R407-13 Be it resolved by the City Council of the City of Des Plaines that the following bills are due and payable and that the Mayor and City Clerk be and are hereby authorized to make payment for same. June 17, 2013 Page 2 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line tt Org Account Vendor Invoice Invoice Desc Amount 1 Fund: 100- General Fund 2 00 4370 Taxi Cab Licenses 3753 Mariano, Miranda Refund 05/16/13 Refund of Taxi Application Fee 50.00 3 00 4400 Building Permits 3733 Viera, John 13040328 2013 Flood Permit Fee Refund 150.00 4 00 4400 Building Permits 3732 Borsch Jr, John 13040321 2013 Flood Permit Fee Refund 75.00 5 00 4400 Building Permits 3735 Ostrowski, Michael 13040297 2013 Flood Permit Fee Refund 75.00 6 00 4400 Building Permits 3737 Krajicek, Clover 13040288 2013 Flood Permit Fee Refund 75.00 7 00 4400 Building Permits 3738 Eckert, Carol 13040273 2013 Flood Permit Fee Refund 75.00 8 00 4400 Building Permits 3746 Kalita, Lorraine 13040354 2013 Flood Permit Fee Refund 75.00 9 00 4420 Electrical Permits 3746 Kalita, Lorraine 13040324 2013 Flood Permit Fee Refund 90.00 10 00 4430 Plumbing Permits 3745 Schultz, Barbara 13050003 2013 Flood Permit Fee Refund 50.00 11 00 4430 Plumbing Permits 3736 Karson, Leonard 13040294 2013 Flood Permit Fee Refund 50.00 12 00 4430 Plumbing Permits 3732 Borsch Jr, John 13040322 2013 Flood Permit Fee Refund 50.00 13 00 4430 Plumbing Permits 3734 Mathew, Savio 13040295 2013 Flood Permit Fee Refund 50.00 14 00 4430 Plumbing Permits 3735 Ostrowski, Michael 13040296 2013 Permit Fee Refund 50.00 15 00 4430 Plumbing Permits 3737 Krajicek, Clover 13040287 2013 Flood Permit Fee Refund 50.00 16 00 4430 Plumbing Permits 3738 Eckert, Carol 13040274 2013 Flood Permit Fee Refund 50.00 17 00 4430 Plumbing Permits 3746 Kalita, Lorraine 13040355 2013 Flood Permit Fee Refund 50.00 18 00 4849 Miscellaneous Revenues 3770 Aloha Construction Incorporated Refund 05/06/13 Refund for Roofing Permit 05/06/2013 35.00 19 Total 00 - Non Departmental 1,100.00 21 Elected Office 22 10 6005 Legal Fees 3447 Holland & Knight LLP 2912796 4-13 Non -Retainer Casa Azteca 122.00 23 10 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 707.04 24 10 6100 Publication of Notices 1050 Journal & Topics 154449 Legal Notice 05/10/2013 - 2013 CIP St & Util Imp C 135.30 25 10 6100 Publication of Notices 1050 Journal & Topics 154450 Legal Notice 05/10/2013 - Carpet & Tile 90.20 26 10 6100 Publication of Notices 1050 Journal & Topics 154451 Lega, Notice 05/10/2013 - Crack Sealing Bid 99.22 27 10 6100 Publication of Notices 1050 Journal & Topics 154452 Legai Notice 05/15/2013 • Digfta' Network Backup 126.28 28 10 7320 Equipment < $5,000 1552 Verizon Wireless 9704859911 Cel` Phone Service 04/14- 05/13/2013 199.99 29 Total 10 - Elected Office 1,480.03 'Litigation • On-going City litigation items provided separetly to the City Council. Page 3 of 23 Line City of Des Plaines Warrant Register - 06/17/2013 Vendor Invoice Invoice Desc Amo 32 City Administration 33 20 5315 Tuition Reimbursements 3600 Rogers, Edward TRP -Spring 2013A Tuition Reimbursement Program -Spring 2013 A 540.00 34 20 5315 Tuition Reimbursements 3600 Rogers, Edward TRP -Spring 2013B Tuition Reimbursement Program -Spring 2013 B 600.00 35 20 5340 Pre -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 481451 New Hire Screenings 05/07, 05/08 & 05/13/2013 300.00 36 20 5530 Employee Assistance Program 1268 Northwest Municipal Conference 9398 Employee Assistance Program (EAP) Participation Fee 05/01/13-04/30/2014 8,775.00 37 20 6000 Professional Services 3599 American Eagle.Com Inc 170390 Local Debt Recovery Program Collection Database - Pymt 1 of 2 4,750.00 38 20 6005 Legal Fees 1073 Bartel, Raymond 13-11 Legal Services for May 2013 2,315.00 39 20 6005 Legal Fees 3447 Holland & Knight LLP APR 2013 RET April 2013 Retainer 14,000.00 40 20 6005 Legal Fees 3447 Holland & Knight LLP 2912787 4-13 Non -Retainer Flood 2013 7,566.50 41 20 6005 Legal Fees 3447 Holland & Knight LLP 2912791 4-13 Non -Retainer Litigation* 1,958.00 42 20 6005 Legal Fees 3447 Holland & Knight LLP 2912792 4-13 Non -Retainer Zoning Use Table Amendment 550.00 43 20 6005 Legal Fees 3447 Holland & Knight LLP 2913612 4-13 Non -Retainer Litigation* 1,650.50 44 20 6005 Legal Fees 3447 Holland & Knight LLP 2913354 4-13 Non -Retainer Utigation* 680.00 45 20 6005 Legal Fees 3447 Holland & Knight LLP 2914035 4-13 Non -Retainer Litigation* 31,143.06 46 20 6005 Legal Fees 3447 Holland & Knight LLP 2912805 4-13 Non -Retainer Litigation* 1,250.50 47 20 6005 Legal Fees 3447 Holland & Knight LLP 2912804 4-13 Reimb 968 2nd Street Demo 264.00 48 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 38.01 49 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 537.87 50 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 478.88 51 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 119.80 52 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 157.81 53 20 6015 Communication Services 1552 Verizon Wireless 9704859911 CeII Phone Service 04/14- 05/13/2013 60.71 54 20 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 66.11 55 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 05/20/2013 Pmed City Counci' Meeting 05/20/2013 86.25 56 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/24/2013 Filmed Health & Human Services at Maine West HS 05/24/2013 17.50 20 57 6195 Miscellaneous 3703 Contractual Services Johnson, Mitchell 05/27/2013 Filmed Memorial Day 05/27/2013 45.00 •Litigation - On going City litigation items provided separetly to the City Council. Page 4 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line ti Org Account Vendor 3703 Johnson, Mitchell Invoice Invoice Desc Camera Orientation/Training 05/16/2013 Amount 22.50 58 20 6195 Miscellaneous Contractual Services 05/16/2013 S9 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/22/2013 Production Meeting for Des Plaines Services Program 05/22/2013 30.00 60 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/28/2013 Edited Memorial Day Ceremony Video 05/27/2013 100.00 61 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/24/2013 Filmed Health & Human Services at Maine West HS 05/24/2013 35.00 62 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/20/2013 Filmed City Council Meeting 05/20/2013 70.00 63 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/18/2013 Filmed Community Health Fair 05/18/2013 40.00 64 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/29/2013 Filmed HHS Services Program 05/29/2013 25.00 65 20 6195 Miscellaneous Contractual Services 3703 Johnson, Mitchell 05/23/2013 Filmed Health & Human Services at Frisbie Center 05/23/2013 32.50 66 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/20/2013 Filmed City Council Meeting 05/20/2013 57.50 67 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/20/2013A Edited Red Cross Flooding Video 150.00 68 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/29/2013 Filmed HHS Services Program 05/29/2013 30.00 69 20 6195 Miscellaneous Contractual Services 3446 Graves, Patrick W 05/17/2013 Edited Introducing Des Plaines Video 05/17/2013 100.00 70 20 6195 Miscellaneous Contractual Services 1632 Czurylo, Nicholas 05/24/2013 Filmed Health & Human Services at Maine West HS 05/24/2013 97.50 71 20 6195 Miscellaneous Contractual Services 1632 Czurylo, Nicholas 05/23/2013 Filmed Health & Human Services at Frisbie Center 05/23/2013 45.00 72 20 6195 Miscellaneous Contractual Services 1630 Bach, Amanda 05/20/2013 Filmed City Counci' Meeting 05/20/2013 86.25 73 20 6195 Miscellaneous Contractua'Serv,ces 1632 Czury'o, Nicholas 05/29/2013 Filmed HHS Services Program 05/29/2013 41.25 74 20 6195 Miscellaneous Contractual Services 1632 Czurylo, Nicholas 05/27/2013 Filmed Memorial Day 05/27/2013 67.50 75 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 05/27/2013 Filmed Memorial Day 05/27/2013 67.50 'Litigation On-going City litigation items prov,ded separetly to the C ty Council. Page 5 of 23 City of Des Plaines Warrant Register - 06/17/2013 "WS Finance _ count - _ 'Vendor - - - -- . Invoice Invoice Desc. 3744 CFS Services Incorporated 76 20 6195 Miscellaneous Contractual Services 1038 Barrett, Don 05/18/2013 Filmed Community Health Fair 05/18/2013 60.00 77 20 6300 R&M Software 1002 ACS Firehouse Software 331615 Firehouse Client License Maint 03/01/2013-03/01/2014 3,900.00 78 20 6550 Subsidy - Senior Citizen Cab Service 1070 Park Ridge Taxi & Livery LTD 1685 Taxi Cab Subsidy -April 2013 3,279.00 79 20 6550 Subsidy - Senior Citizen Cab Service 1421 American Charge Service 05212013 Taxi Cab Subsidy-March/April 2013 45.00 80 20 7320 Equipment < $5,000 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 632.21 81 20 7500 Postage & Parcel 1041 Federal Express 1326-1643-4 Delivery Service 04/23- 05/07/2013 62.56 82 20 7550 Miscellaneous Expenses 1076 Sam's Club Direct 7874 Public Service Recognition Week 5/6 -5/10 -Supplies 137.06 83 20 7550 Miscellaneous Expenses 1076 Sam's Club Direct 8896 Public Service Recognition Week 5/6 -5/10 -Food 146.16 84 20 7550 Miscellaneous Expenses 1076 Sam's Club Direct 4928 Public Service Recognition Week 5/6 -5/10 -Food 126.45 85 Total 20 - City Administration 87,436.44 87 Finance 88 30 5010 Temporary Wages 3744 CFS Services Incorporated 11319609 Temporary Services for Week Ending 05/19/2013 551.25 89 30 5010 Temporary Wages 3744 CFS Services Incorporated 11320592 Temporary Services for Week Ending 05/26/2013 700.00 90 30 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 91.84 91 30 6110 Printing Services 3752 PS Print LLC 1332927 2013 Budget Printing & Distribution Services 1,563.46 92 30 7000 Office Supplies 1066 Office Depot 656570959001 Calculator 32.99 93 30 7000 Office Supplies 1066 Office Depot 656291550001 Copy Paper, Tape Dispenser, Stapler, Etc. 118.04 94 30 7000 Office Supplies 1066 Office Depot 656291932001 Polybags for Transfer Stamps 19.99 95 30 7000 Office Supplies 1220 Runco Office Supply 544199-0 Desktop File Box 17.59 96 30 7500 Postage & Parcel 1041 Federal Express 1326-1643-4 Delivery Service 04/23- 05/07/2013 152.90 97 Total 30 - Finance 3,248.06 Litigauon - On-gorng City i;1 ga°ion liens provided separetly to the City Council. Page 6 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line N Org Acceu�t- — -- - -- Vendor Invoice Invoice Desc .'"Amoy 99 Community Development 100 40 6000 Professional Services 3309 Elevator Inspection Services Inc 40602 Elevator Inspection Services May, 2013 R-73-12 725.00 101 40 6015 Communication Services 1552 Verizon Wireless 9704859911 CeII Phone Service 04/14- 05/13/2013 539.96 102 40 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 69.90 103 40 6100 Publication of Notices 1069 Paddock Publications Inc T4339158 Plan C. 05/28/2013 Public Notice 98.55 104 40 6100 Publication of Notices 1069 Paddock Publications Inc T4339157 ZBA 5/28/2013 Legal Notice 98.55 105 40 7000 Office Supplies 1066 Office Depot 657907484001 Copy Paper, Batteries, Pens 88.41 106 40 7000 Office Supplies 1066 Office Depot 657907770001 Chairs for Building Dept 287.98 107 40 7000 Office Supplies 1066 Office Depot 658023428001 Dry Eraser Board 438.99 108 40 7000 Office Supplies 1066 Office Depot 657907484001 Copy Paper, Batteries, Pens 88.41 109 40 7500 Postage & Parcel 1041 Federal Express 2-280-09173 Delivery Services 05/16/2013 65.12 110 Total 40 - Community Development 1029 Cintas #22 2,500.87 112 Public Works & Engineering 113 50 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 (89.97) 114 50 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 568.23 115 50 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14 05/13/2013 171.07 116 50 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 83.76 117 50 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 413.53 118 50 6025 Administrative Services 1172 Third Millennium Associates Inc 15775 Utility Bill Rendering 05/16/2013 499.85 119 50 6040 Waste Hauling & Debris Removal 1021 Arc Disposal -Republic Svc #551 0000001469 Flood Debris Disposal 05/03 & 05/10/2013 4,962.86 120 50 6040 Waste Hauling & Debris Removal 2214 Liberty Tire Recycling 0000259193 Recyc'ing of Tires (118) 259.78 121 50 6115 Licensing/Titles 1710 Cumberland Servicenter Inc 33100 Ten 2 Axle Safety Coupons 230.00 122 50 6135 Rentals - Uniforms 1029 Cintas #22 022576203 Uniform Rental and Cleaning, 5/13 68.48 123 50 6135 Rentals - Uniforms 1029 Cintas #22 022579314 Uniform Rental & Cleaning, Mats from 5/20 68,48 124 50 6135 Rentals - Uniforms 1029 Cintas #22 022582491 Uniform Rental & Cleaning, 5/27 68.48 125 50 6145 Custodial Services 1227 Perfect Cleaning Service 36337 2013 Custodia Services -May 3,705.00 126 50 6170 Tree Maintenance 1176 Trees "R" Us Inc 14503 Ash Tree Removal Program Trees Roi.te #2 MAP ID #70-109 13,260.20 127 50 6195 Miscellaneous Contractual Services 1029 Cirtas #22 022579314 Uniform Renta. & Clean'rg, Mats from 5/20 92.23 128 50 6195 Miscellaneous Contractual Services 1660 Safety-Kleen Systems Inc 6019774 Maintenance for Parts Washer on 5/24 182.11 'Litigation - On-going City litigation items provided separetly to the City Council, Page 7 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line it Org Account• endor Invoice 46195302 Invoice Desc Pir 129 50 6195 Miscellaneous Contractual Services 1741 Praxair Distribution Inc Acetylene Cylinder Rental, 5/20 325.33 130 50 6195 Miscellaneous Contractual Services 1044 H&H Electric Co 21441 2013 Streetlight Repair and Ma'ntenance-4/22/13 3,010.56 131 50 6305 R&M Equipment 1071 Pomp's Tire Svc Inc 280014909 Service Call for #65A, Repair Flat 395.00 132 50 6305 R&M Equipment 2908 Accurate Tank Technologies 21113 Replace Defective EBW Autostik II Probe 2,435.00 133 50 6305 R&M Equipment 3751 Bittner's Spray Equipment 62941 Repair of Paint Sprayer 5/20/13 77.00 134 50 6310 R&M Vehicles 1526 Global Emergency Products Inc AGJ6999 Repaired Bad Valve Controller Filter 1,105.81 135 50 6310 R&M Vehicles 1567 Schimka Auto Wreckers, Inc 5.10.2013 Tow 65.00 136 50 6310 R&M Vehicles 1739 Morton Grove Automotive Inc 52593 Rebuild Ambulance Alternators, FD #75R 250.00 137 50 6310 R&M Vehicles 2014 Runnion Equipment Co 123913 Repairs to Truck #325 1,599.58 138 50 6310 R&M Vehicles 2014 Runnion Equipment Co 123914 Repairs to Truck #325 2,026.31 139 50 6310 R&M Vehicles 3024 High:and Park Ford 27514 Replaced and Retested Glow Plug Module 1,100.01 140 50 6310 R&M Vehicles 3652 Fleetwash Inc 4051557 Truck Washing, 5/9 114.98 141 50 6315 City Hall 1025 Bedco Inc 18478 HVAC Service Call 5/24/13 240.00 142 50 6315 City Hall 1025 Bedco Inc 18477 HVAC Service Call 5/22/13 240.00 143 50 6315 City Hall 1025 Bedco Inc 18473 HVAC Service Call 5/21/13 480.00 144 50 6315 City Hall 1025 Bedco Inc 18466 Service Call 5/13/13 1,042.15 145 50 6315 City Hall 1025 Bedco Inc 18422 Installation of Chemicals to Cooling Tower 4/25/13 1,840.50 146 50 6315 City Hall 1025 Bedco Inc 18430 Service Call 4/26/13 600.00 147 50 6315 City Hall 1025 Bedco Inc 18429 HVAC Service Call 4/26/13 712.70 148 50 6315 Public Works 1019 Anderson Pest Solutions 2472886 Pest Control at Public Works April 56.50 149 50 6315 Public Works 1237 Pro Line Door Systems Inc 67641 Overhead Door Repair 5/13/13 915.78 150 50 6315 Fire Station #1 1019 Anderson Pest Solutions 2473108 Pest Control at Fire Station # 1 April 41.50 151 50 6315 Fire Station #2 1019 Anderson Pest Solutions 2473110 Pest Control at Fire Station #2 April 41.50 152 50 6315 Fire Station #3 1019 Anderson Pest Solutions 2473112 Pest Control at Fire Station #3 April 38.77 153 50 7000 Office Supplies 1066 Office Depot 656623477001 Copy Paper and Mechanical Pencils 235.58 154 50 7020 Supplies - Safety 1703 Prosafety Inc 2/754110 Gloves 428.40 155 50 7020 Supplies - Safety 1703 Prosafety Inc 2/753950 Leather and Nitrile Gloves 117.45 156 50 7025 Supplies - Custodial 1028 Case Lots Inc 048502 Paper Towels, Toilet Tissue and Soap 917.85 157 50 7030 Supplies - Tools & Hardware 1057 Menards 16672 Rakes 133.32 158 50 7035 Supplies - Equipment R&M 1013 Ace Des Plaires Inc 1228571 Faucet Repair, Fire Station 2 4.22 159 50 7035 Supplies - Equipment R&M 1043 Grainger ,9140645921 Spray Gun and Cleaner, Degreaser 139.15 160 50 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-764495 Battery for #12-A 124.99 `Litigation On-going Cty litigationitems provided separetly to the Cty Council. Page 8 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line # 161 Org 50 Account 7035 Supplies - Equipment R&M Vendor — --. - 1071 Pomp's Tire Svc Inc . - oice 280015011 Invoice Desc, r. Tires Amoun 899.00 162 50 7035 Supplies - Equipment R&M 1202 Standard Equipment Co C83367 Hose Suction Nozzle 1,195.05 163 50 7035 Supplies - Equipment R&M 1520 Russo Power Equipment 1609620 Leaf Blower Parts 20.58 164 50 7035 Supplies - Equipment R&M 1575 Pirtek O'Hare S1758982.001 Hose 118.59 165 50 7035 Supplies - Equipment R&M 1670 Arlington Power Equipment Inc 552371 Fuel Shut Off Valve, Fuel Gauge, Other Misc 234.75 166 50 7035 Supplies - Equipment R&M 2170 Tennant Sales & Service Co 911652159 Frame, Pivot Pin, Channel, Bushing & Link 1,306.90 167 50 7035 Supplies - Equipment R&M 2170 Tennant Sales & Service Co 911644166 Caster Kit 267.20 168 50 7040 Supplies - Vehicle R&M 1013 Ace Des Plaines Inc 228514 Auto Parts, FD #75R - Fasteners 6.54 169 50 7040 Supplies - Vehicle R&M 1045 Havey Communications 2590 Auto Parts 196.95 170 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 2979936 Auto Parts 150.39 171 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 2970293 Auto Parts 302.87 172 50 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 2970298 Auto Parts 488.79 173 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408.764494 Auto Parts 124.99 174 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000199950 Auto Parts, Stock 88.72 175 50 7040 Supplies - Vehicle R&M 2015 Drivetrain Service & Components Inc 195334 Auto Parts 396.29 176 50 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-154434 Auto Parts 227.83 177 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 332356P Auto Parts 333.01 178 50 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 331087P Auto Parts for Truck #283 111.24 179 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 522189 Auto Parts 244.08 180 50 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 520586 Auto Parts 98.24 181 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000200062 Auto Parts, Stock for Squad Lightbars 25.11 182 50 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000199990 Auto Parts, Stock 17.11 183 50 7040 Supplies - Vehicle R&M 1501 Foster Coach Sales Inc 5527 Auto Parts for FD #A73 224.61 184 50 7040 Suppl'es - Vehicle R&M 1526 Glioba' Emergency Products Inc AG33673 Auto Parts 207.40 185 50 7040 Supplies - Vehicle R&M 1526 Global Emergency Products Inc AG33484 Auto Parts 255.17 186 50 7040 Supp'ies - Veh:c'e R&M 1643 Golf Mill Ford CM331087P Auto Parts, Truck #283 (111.24) 187 50 7040 Supp'ies - Vehic a R&M 1643 Go f Mil' Ford 332226P Auto Paris, CED Crown Vic 53.84 *Litigation - On-going City Ii[igation hems prov.ded separetly to the City Council. Page 9 of 23 City of Des Plaines Warrant Register - 06/17/2013 'Litigation - On-going City litigation items prodded separetly to the City Council. Page 10 of 23 Line 188 N Org 50 Acco-_. 7040 -. _ . ,_-_ -. Supplies - Vehicle R&M Vendor 1643 Golf Mill Ford Invoice CM331971P Invoice Desc Auto Parts Amount (85.42) 189 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1231360248 Auto Parts 155.29 190 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1231400225 Auto Parts, FD Eng #64 177.14 191 50 7040 Supplies Vehicle R&M 1078 Acme Truck Brake & Supply Co 1231410197 Auto Parts, FD Eng #64 2,339.02 192 50 7040 Supplies - Vehide R&M 1078 Acme Truck Brake & Supply Co 1231370076 Auto Parts, FD Truck #83 195.96 193 50 7040 Supplies - Vehicle R&M 1087 Ashland Inc 130325917 Oil, Windshield Wash Solvent & Glass Cleaner 1,069.63 194 50 7040 Supplies - Vehicle R&M 1501 Foster Coach Sales Inc 5483 Auto Parts 68.26 195 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 469298 Auto Parts, #281 237.35 196 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 469342 Auto Parts, FD #65 411.10 197 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 470382 Auto Parts 408.88 198 50 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 468980 Auto Parts 229.55 199 50 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Svc Inc 280014726 Auto Parts 1,272.08 200 50 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1231280183 Auto Parts (255.44) 201 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-765039 Auto Parts 92.38 202 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-765085 Auto Parts 72.44 203 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-765121 Auto Parts 4.18 204 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-765340 Auto Parts 135.99 205 50 7040 Supplies Vehicle R&M 1062 NAPA of Des Plaines 468982 Auto Parts, FD #83 229.55 206 50 7040 Supplies - Vehide R&M 1062 NAPA of Des Plaines 468985 Auto Parts (96.00) 207 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764201 Auto Parts 374.97 208 50 7040 Supplies - Vehide R&M 1054 Lee Auto Parts 408-764859 Auto Parts (48.00) 209 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764202 Auto Parts 109.99 210 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764262 Auto Parts 35.88 211 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764321 Auto Parts 99,98 212 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764392 Auto Parts (64.00)1 213 50 7040 Supplies - Vehide 1054 R&M Lee Auto Parts 408-766850 Auto Parts 51.38 214 50 7040 Supplies R&M Vehic'e 1054 Lee Auto Parts 408-766970 Auto Parts 99.98 'Litigation - On-going City litigation items prodded separetly to the City Council. Page 10 of 23 City of Des Plaines Warrant Register - 06/17/2013 *litigation On-going City litigation items provided separerly to the City Council. Page 11 of 23 215 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767234 Auto Parts 9.69 216 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767235 Auto Parts 19.38 217 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767282 Auto Parts (135.99) 218 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764063 Auto Parts 219.98 219 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764783 Auto Parts 217.98 220 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767432 Auto Parts 503.76 221 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767433 Auto Parts for FD #72, Brake Pads 92.77 222 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767818 Auto Parts FD #72, Calipers for Brakes (80.00) 223 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767822 Auto Parts 199.98 224 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-766085 Auto Parts 99.98 225 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764496 Auto Parts 124.99 226 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764777 Auto Parts 10.57 227 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764778 Auto Parts 10.57 228 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-764780 Auto Parts 217.98 229 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767805 Auto Paris, FD #81, Battery 374.97 230 50 7040 Supplies - Vehicle R&M 1054 Lee Auto Parts 408-767283 Auto Parts - #1024, Brake Line Parts 103.20 231 50 7045 Supplies - Building R&M 1013 Ace Des Plaines Inc 228507 Fatseners 2.70 232 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0811574 Lock Cylinder, Key 100.00 233 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0811782 Keys for Third Ward Alderman Mailbox & Desk 14.40 234 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0811225 New Door Lock and Keys 146.00 235 50 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0811648 New Locks at 1486 Miner Street 107.46 236 50 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 2014730 Supplies for CED Remodefng 262.51 237 50 7045 Supplies - Building R&M 2215 Dreisilker Electric Motors Inc 1847114 Hand Blow Dryer & Add'I Blower Whee 213.33 238 50 7045 Supplies - Building R&M 3378 Michael Wagner & Sons Inc 1277969 For Water Lnes at City Hal 125.72 239 50 7045 Supplies - Building R&M 1527 Sherwin Williams 1031-4 Cover Jp Black Paint 55.14 240 50 7045 Supplies - Building R&M 1550 Add:son Building Material Co 745221 Plumbing Supplies for Third Floor 98.72 241 50 7045 Supplies - Building R&M 2215 Dreisiiker Electric Motors Inc C113981 Returned Hand Blow Dryer (171.58) *litigation On-going City litigation items provided separerly to the City Council. Page 11 of 23 City of Des Plaines Warrant Register - 06/17/2013 MMI 242 50 R' 7045 - Vendor 2215 Dreisilker Electric Motors Inc Invoice 1847086 Invoice Desc v01ie, Hand Dryer Blower Amount 143.76 Supplies - Building R&M 243 50 7045 Supplies - Building R&M 1057 Menards 15808 Supplies to Remodel CED 23.03 244 50 7045 Supplies - Building R&M 1057 Menards 16824 Painting Supplies and Extension Cord 65.88 245 50 7045 Supplies - Building R&M 1057 Menards 16660 Pine Moulding 30.98 246 50 7045 Supplies - Building R&M 1057 Menards 15927 Outlet and Wiring for CEO Remodel 80.97 247 50 7045 Supplies - Building R&M 1057 Menards 16264 Drywall and Utility Knife Blades 21.92 248 50 7045 Supplies - Building R&M 1057 Menards 16250 Pine Moulding, Copper Pipe 235.70 249 50 7045 Supplies - Building R&M 1057 Menards 16650 15 Amp GFCIs 35.97 250 50 7045 Supplies - Building R&M 1057 Menards 13821 Door Closure and Grab Bar 161.71 251 50 7045 Supplies - Building R&M 1057 Menards 15911 Supplies for CED Remodel 59.86 252 50 7045 Supplies - Building R&M 1057 Menards 15862 Supplies for CED Remodeling 96.05 253 50 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 0029264 Repair Electric at Police Deck 55.35 254 50 7045 Supplies - Building R&M 1057 Menards 16256 Grout and Mortar 34.73 255 50 7050 Supplies - Streetscape 1757 .ICK Contractors Inc 11376 Top Soil 05/06/2013 600.00 256 50 7055 Supplies - Street R&M 1067 Orange Crush 433579 Asphalt for Road Repair 5/17/13 617.61 257 50 7055 Supplies - Street R&M 1067 Orange Crush 433459 Asphalt for Road Repair 5/16/13 2,161.89 258 50 7055 Supplies - Street R&M 1067 Orange Crush 433223 Asphalt for Road Repair 5/14/13 2,135.37 259 50 7055 Supplies - Street R&M 1067 Orange Crush 434082 Asphalt for Road Repair 5/24/13 1,437.18 260 50 7055 Supplies - Street R&M 1067 Orange Crush 433981 Asphalt for Pothole repair 5/23/13 109.14 261 50 7055 Supplies - Street R&M 1067 Orange Crush 433809 Asphalt for Road Repair 5/21/13 1,648.83 262 50 7055 Supplies Street R&M 1067 Orange Crush 433717 Asphalt for Road Repair 5/20/13 371.28 263 50 7055 Supplies Street R&M 1527 Sherwin Williams 1196-5 Safety Yel"ow Paint 124.32 264 50 7055 Street Light Supplies 3681 Fiberglass Solutions Inc FS -13-57 Hand Hole Door for Streetlights 66.60 265 50 7055 Street Sign Supp"es 1174 3M Co SS10915 Refiect've Sheeting for Street Signs 1,07100 266 50 7140 Electricity 1033 ComEd 2607132134-05/13 Electricity 04/09/13-05/07/13 186.85 267 50 7140 E ectriclty 1049 "ntegrys Energy Svc nc 26348696-1#11 Erectr city 04/10/13-05/09/13 332.43 268 50 7140 Electricity 1049 rtegrys Energy Svc +nc 26625188-11102 Electr'city 04/18/13-05/16/13 10,229.67 269 Total 50 - Public Works & Engineering 85,287.45 'Litigation - On-going City litigation items provided separetly to the City Council. Page 12 of 23 City of Des Plaines Warrant Register - 06/17/2013 Vendor - Invoice 271 Emergency Management Agency Police Department 65 272 60 5325 Training 1129 DuPage, College of 3517 Patrol Officer Training Jan 1, Mar 21-22, 2013 399.00 273 60 5325 Training 1252 NIPSTA 10774 Police Driver Training April 15, 2013 350.00 274 60 5325 Training 1252 NIPSTA 10806 Police Driver Training April 30, 2013 525.00 275 60 5325 Training 2475 Gryphon Training Group Inc 051313 A Crimes Against the Elderly Training May 13-14, 2013 130.00 276 60 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 265.94 277 60 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 443.71 278 60 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 1,164.81 279 60 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 764.39 280 60 6185 Animal Control 3740 Go Doggie Home Doggie 04/19-22/13 Housing for Animal During Flood 2013 140.00 281 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9401933826 Shredding Services May 7, 2013 85.60 282 60 6195 Miscellaneous Contractual Services 1077 Shred -it USA - Chicago 9401961710 Shredding Services May 14, 2013 85.60 283 60 6305 R&M Equipment 1742 Fredriksen Fire Equipment Co 146224 Fire Extinguisher Inspection/Repair May 13, 2013 262.15 284 60 7000 Office Supplies 1389 Garvey's Office Products PINV600450 Paper, Batteries, Pens 114.35 285 60 7200 Other Supplies 1018 Anderson Lock Company LTD 0810998 2 Parking Boot Locks 66.90 286 60 7200 Other Supplies 1046 Hinckley Spring Water Co 7017381 051113 Water Supply April 25 & May 9, 2013 93.15 287 60 7200 Other Supplies 1389 Garvey's Office Products PINV603609 Chair Floor Mat 66.88 288 60 7300 Uniforms 1117 Chicago Badge & Insignia Co 12271 Detective Sergeant Badge 90.85 289 60 7300 Uniforms 3481 Olympic Uniforms 121251 Nameplate for Uniform Shirt 8.21 290 Total 60 - Police Department 5,056.54 292 Emergency Management Agency 293 65 6015 Communication Services 1552 Verizon Wireless 9704859911 Cel: Phone Service 04/14- 05/13/2013 292.21 294 Total 65 - Emergency Management Agency 5325 292.21 296 Fire Department 297 70 5325 Training 1508 Building & Fire Code Academy 48704 Training Class 5/16-5/17/13 295.00 298 70 5325 Training 2036 Fire Investigators Strike Force May 10, 2013 (5) Training Class 5/8/13 150.00 299 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 480439 (8) Annuai Physicals 2,338.00 300 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 482457 Annual Physical 04/23/2013 393.00 301 70 5345 Post -Employment Exams 1015 Alexian Brothers Corporate Health Svcs 481646 Annual Physical-TDAP Tetanus 04/18/2013 55.00 302 70 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 317.66 *Litigation - Or -going City I tigarion items prov,ded separetly to the Ory Council. Page 13 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line Org, Account 90 Vendor Invoice Inv."_. 3640 Andres Medical Billing Ltd - -_ -• �°". 303 70 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 603.10 304 70 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 176.50 305 70 6305 R&M Equipment 2029 Dry Suits Plus Inc 5776 Dry Suit Repairs 05/17/2013 From Flood 2013 1,414.00 306 70 7000 Office Supplies 1220 Runco Office Supply 543920-0 Ink Stamps 18.54 307 70 7000 Office Supplies 1066 Office Depot 657852056001 Correction Tape, Folders, Pens 86.19 308 70 7000 Office Supplies 1066 Office Depot 657852055001 Self -Ink Stamp 7.04 309 70 7035 Supplies - Equipment R&M 1054 Lee Auto Parts 408-767709 Small Motor Parts -Service Gage 20.79 310 70 7035 Supplies - Equipment R&M 2500 Bio-Tron Inc 33287 R&M On Zoll Monitors 464.00 311 70 7200 Other Supplies 1013 Ace Des Plaines Inc 228542 Adapter Hose, Cushion Grip, Seal Tape-Sta 3 27.16 312 70 7300 Uniforms 1570 Public Safety Center Inc 5417025 Extrication Gloves 2,110.74 313 70 7320 Equipment < $5,000 1057 Menards 16518 Tech Rescue Supplies 5/20/13 128.82 314 70 7320 Equipment < $5,000 1374 Municipal Emergency Svcs 00390062_SNV Nozzle Equipment 1,005.16 315 70 7320 Equipment < $5,000 1374 Municipal Emergency Svcs 00034574_SCN Returned Nozzle Tips (744.00) 316 70 7320 Equipment < $5,000 2752 Alexeter Technologies LLC 20-5035 HazMat BioCheck Screening Kits 695.00 317 70 7320 Equipment < $5,000 3775 Amerisafe Incorporated 112173 HazMat Boots 284.88 318 70 7550 Miscellaneous Expenses 1076 Sam's Club Direct 3068 Restock Pop Machine From Flood 2013 68.84 319 70 8010 Furniture & Fixtures 1066 Office Depot 657145907001 Chair-Lts Office 99.99 320 70 8010 Furniture & Fixtures 1066 Office Depot 657004308001 Chair-Lts Office 99.99 321 70 8010 Furniture & Fixtures 1066 Office Depot 657004111001 Chair-BCs Office 99.99 322 Total 70 - Fire Department 10,215.39 324 Overhead 325 90 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 131158 Collections for May 2013 4,607.31 326 90 6140 Leases 1055 Mail Finance N3971054 Postage Machine Lease 06/10- 07/09/2013 370.92 327 Total 90 - Overhead 6195 4,978.23 329 Total 100 - General Fund 201,595.22 332 Fund: 201- TIF #1 Downtown Fund 333 00 6000 Professional Services 1199 Spaceco Inc 58062 Miner Streetscape Improv 03/30-4/27/2013 32,808.50 334 00 6195 Misceiiareous Contractual Services 1019 Andersor Pest Solutions 2472887 Pest Control at Train Depot April 36.00 335 00 6195 Misceraneous ContractuauServices 1025 Bedco inc 18476 HVAC Repair at 1486 Miner 5/22/13 1,179.85 `litigation - On going City litigation items provided separetly to the City Council. Page 14 of 23 City of Des Plaines Warrant Register - 06/17/2013 - Vendor 1025 Bedco Inc Invoice 18423 Invoice Desc Service Call at Train Depot 4/23/13 360.00 336 00 6195 Miscellaneous Contractual Services 337 00 6195 Miscellaneous Contractual Services 1025 Bedco Inc 18428 HVAC Repair at Train Depot 4/26/13 476.40 338 00 6195 Miscellaneous Contractual Services 2616 Program One Professional Building Services Inc 50664 Pressure Washing Stairwells- Metro Square 5/21/13 450.00 339 00 6195 Miscellaneous Contractual Services 2616 Program One Professional Building Services Inc 50663 Pressure Wash Stairwells at Library Deck 5/21/13 650.00 340 00 6195 Miscellaneous Contractual Services 1931 Oui Oui Enterprises LLC 32909 Portable Restroom @ Library Garage Mar/Apr 83.23 341 00 6195 Miscellaneous Contractual Services 1227 Perfect Cleaning Service 36337 2013 Custodial Services -May 1,632.00 342 00 7140 Electricity 1033 ComEd 5310658082-05/13 Electricity 04/10/13-05/08/13 37.11 343 00 7140 Electricity 1033 ComEd 5310657021-05/13 Electricity 04/10/13-05/08/13 110.46 344 00 7140 Electricity 1033 ComEd 0445091056-05/13 Electricity 04/10/13-05/09/13 248.70 345 00 7140 Electricity 1033 ComEd 0392121005-05/13 Electricity 04/10/13-05/09/13 129.15 346 00 7140 Electricity 1033 ComEd 6045062008-05/13 Electricity 04/10/13-05/08/13 96.82 347 00 8100 Improvements 3573 Lorusso Cement Contractors Inc 2 Miner Streetscape Imp 04/26- 05/24/2013 196,261.41 348 Total 00 - Non Departmental 234,559.63 350 Total 201- TIF #1 Downtown Fund 234,559.63 353 Fund: 230 - Motor Fuel Tax Fund 354 00 7140 Electricity 1033 ComEd 3657136067-05/13 Electricity 04/09/13-05/09/13 189.93 355 00 7140 Electricity 1033 ComEd 0193753007-0513 Electricity 04/15/13-05/14/13 79.17 356 00 7140 Electricity 1033 ComEd 3471079047-05/13 Electricity 04/10/13-05/08/13 36.44 357 00 7140 Electricity 1033 ComEd 0725000037 05/13 Electricity 04/11/13-05/09/13 31.96 358 00 7160 Ice Control 1372 Morton Salt 5400166142 Rock Salt Purchase 05/16/2013 1,253.10 359 00 7160 Ice Contro, 1372 Morton Salt 5400170916 Rock Salt Purchase - 2013 9,909.32 360 00 8100 I rproveme"ts 3691 A Lamp Concrete Contractors Inc 1 2013 CIP Concrete ;mp 05/06- 05/31/2013 187,724.79 361 Total 00 - Non Departmental 199,224.71 r 363 jTotal 230 - Motor Fuel Tax Fund 199,224.71 *Litigation On going City litigation items prov ded separetly to the City CoL.ncii. Page 15 of 23 City of Des Plaines Warrant Register - 06/17/2013 Vendor Invoice 366 Fund: 250 - Grant Projects Fund 375 00 367 00 6195 Miscellaneous Contractual Services 3755 Swanson, Matthew 052813 Wages for Tobacco Compliance Checks May 28-29, 2013 200.00 368 00 6195 Miscellaneous Contractual Services 3756 Mora, Esequlel 052913 Wages for Tobacco Compliance Checks May 29, 2013 100.00 369 Total 00 - Non Departmental 3769 Hart, Brian 300.00 371 Total 250 - Grant Projects Fund 300.00 374 Fund: 260 - Asset Seizure Fund 375 00 5325 Training 2424 Borre, Ryan REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 376 00 5325 Training 3768 Ereno, Carlo REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 377 00 5325 Training 3769 Hart, Brian REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 378 00 5325 Training 3762 Szczerbinski, Oscar REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 379 00 5325 Training 3763 Allison, Matthew REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 380 00 5325 Training 3764 Bjork, Erik REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 381 00 5325 Training 3765 Braski, Nicholas REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 382 00 5325 Training 3766 Contreras, Andrew REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 383 00 5325 Training 3767 Dickson, Steve REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 384 00 5325 Training 3715 Chapman, Michael REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 385 00 5325 Training 3757 Oppegard, Michael REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 386 00 5325 Training 3758 Parkhill, Greg REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 387 00 5325 Training 3759 Zaprza:ka, Chester REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 388 00 5325 Training 3760 Gitzinger, John REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 389 00 5325 Training 3761 O'Connell, Ryan REIM 05/06-11/13 Reimbursement for Meals Training May 6-11, 2013 317.40 390 00 5325 Training 3090 Beier, Trent REIM 05/06-11/13 Reimbursement for Meals Training May 6-11, 2013 317.40 391 00 5325 Training 3222 Flanagan, Sean REIM 05/05-11/13 Reimbursement for Meas Training May 5-11, 2013 370.30 392 00 5325 Training 3225 Barrett, Ryan REiM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 393 00 5325 Training 3226 Spa:'one, Joseph REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 394 00 5325 Training 3280 Dvorak, Robert REIM 05/05-11/13 Reimbursement for Meals Training May 5-11, 2013 370.30 395 00 6115 Licensing/Titles 174411 Secretary of State G831792 - 2013 2013 License Plate Renewal Squad 423 101.00 litigation - On-going City litigation items provided separetly to the City Council. Page 16 of 23 City of Des Plaines Warrant Register - 06/17/2013 _ ---.,--r„'r.e—,•T- — Invoice Invoice r,-- -' "— Amount 396 00 7300 Uniforms 1489 JG Uniforms Inc 30686 Ballistic Vest Cover 122.50 1172 Third Millennium Associates Inc 00 7320 Equipment < $5,000 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 237.48 397 999-008-X Everett Av Sewer Relocation - 04/24/2013 6,921.00 410 00 05/13/2013 Improvements 1132 Barone Contracting LLC 00 7550 Miscellaneous 1265 Northern Illinois Police Alarm Sys 9023 Annual NIPAS Meeting May 13, 75.00 398 080-002-X Everett Av Sewer Relocation - 04/22/2013 Expenses 412 00 2013 Improvements 1540 Reinke Interior Supply Company Inc 00 8010 Furniture & Fixtures 1604 Business Office Systems Inc 30937 Desk, Credenza, Hutch, Etc. 2,223.07 399 434154 Flex Gate for Third Floor Remodel 1,620.00 414 00 8100 Improvements 400 00 8020 Vehicles 1745 Suburban Accents Inc 19864 Re -Stripe Squad 449 125.00 401 Total 00 - Non Departmental 10,184.25 403 Total 260 - Asset Seizure Fund 10,184.25 406 Fund: 400 - Capital Projects Fund 407 00 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 165.63 408 00 6025 Administrative Services 1172 Third Millennium Associates Inc 15775 Utility Bill Rendering 05/16/2013 249.93 409 00 8100 Improvements 1132 Barone Contracting LLC 999-008-X Everett Av Sewer Relocation - 04/24/2013 6,921.00 410 00 8100 Improvements 1132 Barone Contracting LLC 080-001-X Everett Av Sewer Relocation- 04/09-4/12/2013 37,845.45 411 00 8100 Improvements 1132 Barone Contracting LLC 080-002-X Everett Av Sewer Relocation - 04/22/2013 1,867.58 412 00 8100 Improvements 1540 Reinke Interior Supply Company Inc 60023513 FRP Panels for Third Floor Remodel 262.22 413 00 8100 Improvements 3731 QM! 434154 Flex Gate for Third Floor Remodel 1,620.00 414 00 8100 Improvements 3750 Stone Masters & Design Inc 4669 Granite Countertop for Third Floor Remodel 2,200.00 415 Total 00 - Non Departmental 51,131.81 417 Total 400 - Capital Projects Fund 51,131.81 420 Fund: 410 - Equipment Replacement Fund 421 70 8020 Vehicles 3776 Public Safety Store LLC, The 5028 Rapid Intervention Equip For New T83 1,701.91 422 Total 70 - Fire Department 6015 1,701.91 424 Total 410 - Equipment Replacement Fund 1,701.91 425 Fund: 500 - Water/Sewer Fund 426 00 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14 05/13/2013 97.91 427 00 6015 Commun;catior Services 1552 Verizon Wireless 9704859911 Ce!' Phone Service 04/14- 05/13/2013 508.84 428 00 6015 Communication* Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 313.76 429 00 6110 Printing Services 1665 Classic Graphic Ind Inc 72049 Meter Reading Post Cards 242.18 430 00 6110 Printing Services 1665 Classic Graphic Ind Inc 72015 Window Env&ooes 232.00 431 00 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 27675 Water Testirg 05/08/2013 183.50 'Litigation - On•going City litigation items provided separetly to the City Council. Page17 of 23 City of Des Plaines Warrant Register - 06/17/2013 'litigation - On-going City litigation items provided separetly to the City Council. Page 18 of 23 Vend • --- _ _- Invoice 32910 Invoice Desc = -111WOMPTIRPI Portable Restroom 03/20- 04/02/2013 56.13 432 00 6195 Miscellaneous Contractual Services 1931 Oui Oui Enterprises LLC 433 00 6195 Miscellaneous Contractual Services 1355 MQ Construction Company 24 -05 -04 -TM Flood Debris Cleanup 5/5-5/11 8,850.77 434 00 6195 Miscellaneous Contractual Services 1390 Gasvoda & Associates Inc 13150441 Pump 2 Inspection -Peterson Lake 05/21/2013 640.00 435 00 6195 Miscellaneous Contractual Services 1132 Barone Contracting LLC BC 999-061-X Flood Assistance 4/18/13 4,258.35 436 00 6305 R&M Equipment 1071 Pomp's Tire Svc Inc 280015012 Repair Flat Tire on Backhoe #16W 165.00 437 00 6505 Subsidy - Sewer Lateral Program 3748 Northern Trust Company, The SLP13-016 Sewer Lateral Program 1,646.21 438 00 6510 Subsidy - Flood Assistance 3747 Jurczyk, Urszula FRP13-008 Flood Rebate Program 240.00 439 00 7000 Office Supplies 1066 Office Depot 656829267001 Paper and Envelopes 86.84 440 00 7030 Supplies - Tools & Hardware 1013 Ace Des Plaines Inc 228579 1/2" Extension for Wrench on T#267 9.95 441 00 7045 Supplies - Building R&M 1702 Diamond Paint 000205766 Cleaning Solvent 11.95 442 00 7045 Supplies - Building R&M 1057 Menards 15871 Spigot for Water Plant 28.27 443 00 7050 Supplies - Streetscape 1757 JCK Contractors Inc 11474 Topsoil 900.00 444 00 7070 Other 1013 Ace Des Plaines Inc 228548 Copper Fittings 10.66 445 00 7070 Other 1013 Ace Des Plaines Inc 228547 Copper Fittings 7.67 446 00 7070 Other 1057 Menards 16559 Ball Valves 26.01 447 00 7070 Other 1072 Prairie Material Sales Inc 88443994 Concrete 131.50 448 00 7070 Other 1072 Prairie Material Sales Inc 88477587 Concrete 247.25 449 00 7070 Other 1303 HD Supply Waterworks LTD 9525482 Hydrant Extension 366.89 450 00 7070 Other 1303 HD Supply Waterworks LTD 9421049 Ball Corps for Water Repair 1,376.28 451 00 7070 Other 1303 HD Supply Waterworks LTD 9718999 12" Sleeve 1,540.00 452 00 7070 Other 1303 HD Supply Waterworks LTD 9718383 Surge Protector 2,435.00 453 00 7070 Other 1512 Meyer Material Co 704151573 Concrete 536.00 454 00 7075 Supplies - Sewer System Maintenance 1072 Prairie Material Sales Inc 88461247 Concrete 131.50 455 00 7140 Electricity 1033 ComEd 5814097012-05/13 Electricity 04/10/13-05/08/13 208.06 456 00 7140 Electricity 1049 Iritegrys Energy Svc Inc 25838697-1#04 Electricity 04/01/13-04/27/13 1,126.99 457 00 7140 Electricity 1049 Integrys Energy Svc Inc 26348372-1#05 Electricity 04/09/13-05/09/13 4,548.67 458 00 7140 Electricity 1049 integrys Energy Svc ',ic 26216052-1#01 E`ectr'c:ty 04/08/13-05/07/13 10,329.79 459 00 7140 Electricity 1049 ',tegrys Energy Svc inc 26665246-1#06 Electricity 04/18/13-05/17/13 1,630.29 460 00 7140 Electricity 1049 integrys Energy Svc Inc 26155110-1#09 Electricity 04/08/13-05/06/13 234.61 461 00 7140 Electricity 1049 integrys Energy Svc Inc 26155228-1#12 Electricity 04/05/13-05/06/13 146.80 'litigation - On-going City litigation items provided separetly to the City Council. Page 18 of 23 City of Des Plaines Warrant Register - 06/17/2013 462 Org., 00 Account 7140 Electricity Vendor 1033 ComEd Invoice , 0640144010-05/13 Jnvoice Desc Electricity 04/10/13-05/07/13 Amount 158.78 463 00 7140 Electricity 1033 ComEd 2148094073-05/13 Electricity 04/11/13-05/09/13 49.72 464 00 7140 Electricity 1033 ComEd 5060090016-05/13 Electricity 04/11/13-05/09/13 269.13 465 00 7140 Electricity 1033 ComEd 0575134020-05/13 Electricity 04/05/13-05/06/13 252.57 466 00 7140 Electricity 1033 ComEd 0762050019-05/13 Electricity 04/11/13-05/09/13 16.52 467 00 7140 Electricity 1033 ComEd 3461136053-05/13 Electricity 04/09/13-05/07/13 (3.77) 468 00 7140 Electricity 1033 ComEd 6331089024-05/13 Electricity 04/08/13-05/06/13 230.21 469 00 7140 Electricity 1033 ComEd 4995025051-05/13 Electricity 04/09/13-05/07/13 194.44 470 00 7140 Electricity 1033 ComEd 2038128006-05/1.3 Electricity 04/08/13-05/07/13 44.49 471 00 7140 Electricity 1033 ComEd 3526009006-05/13 Electricity 04/09/13-05/08/13 140.45 472 00 7140 Electricity 1033 ComEd 1602149012-05/13 Electricity 04/09/13-05/06/13 228.76 473 00 7140 Electricity 1033 ComEd 3526170000-05/13 Electricity 04/08/13-05/06/13 54.40 474 00 7140 Electricity 1033 ComEd 0718079040-05/13 Electricity 04/09/13-05/08/13 40.36 475 00 7140 Electricity 1033 ComEd 2382141015-05/13 Electricity 04/09/13-05/08/13 134.98 476 00 7140 Electricity 1033 ComEd 3461136053-05/13 Electricity 04/09/13-05/07/13 28.15 477 00 7140 Electricity 1033 ComEd 5646761001-05/13 Electricity 04/05/13-05/06/13 25.58 478 00 7300 Uniforms 1705 Sears Commercial One T537160 Uniforms 94.94 479 00 7300 Uniforms 1705 Sears Commercial One T537167 Uniforms (10.00) 480 00 7300 Uniforms 1705 Sears Commercial One T285939 Uniforms 139.95 481 00 7320 Equipment < $5,000 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 52.48 482 00 8010 Furniture & Fixtures 1220 Runco Office Supply 543979-0 Workstation for Water Meter Room 780.88 483 Total 00 - Non Departmental 46,428.65 490 Total 500 - Water/Sewer Fund 47,668.22 493 30 6015 Communication 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 33.86 485 20.24 Services 05/13/2013 30 6025 Administrative 1172 Third Millenn'um Associates .nc 15775 Utility Bill Rendering 1,172.72 486 Services 05/16/2013 487 30 7000 Offce Supplies 1066 Offce Depot 656570959001 Calculator 32.99 1 488 Total 30 - Finance 1,239.57 490 Total 500 - Water/Sewer Fund 47,668.22 493 Fund: 510 - City Owned Parking Fund 494 00 7140 Electricity 1033 ComEd 4974385007-05/13 Electricity 04/10/13-05/09/13 20.24 *Litigation - On-going City litigation items provided separetly to the City Council. Page19 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line # 495 Org 00 Account 7140 Electricity Ve . - - - 1033 ComEd Invoice 4722388001-05/13 Invoice Desc May 2013 Electricity 04/10/13-05/08/13 15.57 496 00 7140 Electricity 1049 Integrys Energy Svc Inc 26348516-1400 Electricity 04/10/13-05/09/13 2,835.19 497 00 7140 Electricity 1049 Integrys Energy Svc Inc 26789105 1403 Electricity 04/10/13-05/08/13 2,886.96 498 00 7140 Electricity 1049 Integrys Energy Svc Inc 26276990-1408 Electricity 04/10/13-05/08/13 702.15 499 00 7140 Electricity 1049 Integrys Energy Svc Inc 26277035-1410 Electricity 04/10/13-05/08/13 150.34 500 Total 00 - Non Departmental 6,610.45 502 Total 510 - City Owned Parking Fund 6,610.45 505 Fund: 520 - Metra Leased Parking Fund 506 00 4665 Parking Fees 1165 Union Pacific Railroad May 2013 Parking Fees May 2013 3,126.08 507 00 7140 Electricity 1049 Integrys Energy Svc Inc 26277036-1407 Electricity 04/10/13-05/08/13 786.72 508 Total 00 - Non Departmental 5555 3,912.80 510 (Total 520 - Metra Leased Parking Fund 3,912.80 512 Fund: 600 - Risk Management Fund 513 00 5555 Workers' Comp Expense 1657 Richard, Thomas 05/07-05/20/2013 Workers Compensation 05/07- 05/20/2013 989.12 514 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc FSPBM2362182 Workers Compensation Expense 05/18/2013 330.87 515 00 5555 Workers' Comp Expense 1715 First Script Network Services Inc FSPBM2362181 Workers Compensation Expense 05/18/2013 288.93 516 00 6005 Legal Fees 3447 Holland & Knight LLP 2912803 4-13 Non -Retainer PSEBA Proceedings 10,615.23 517 00 6005 Legal Fees 3447 Holland & Knight LLP 2914036 4-13 Non -Retainer PSEBA Litigation* 2,226.00 518 Total 00 - Non Departmental 14,450.15 520 Total 600 - Risk Management Fund 14,450.15 524 Fund: 610 - Health Benefits Fund 525 00 4764 Medical PPO Retiree 3774 Estate of Martha Schwenk Refund 5/23/2013 Refund PPO Medical & Dental for Deceased 05/23/13 536.62 526 00 4772 Medical HMO Emp oyee 3773 Stasch, David RX-Reimb 04/07/2 Prescription Reimbursement - Walgreens 04/07/2013 217.50 527 00 4786 De'ta Program Retiree 3774 Estate o' Martha SchwenK Refund 5/23/2013 1 Refund PPO Medica & Denta for Deceased 05/23/13 34.63 528 Total 00 - Non Departmental 788.75 530 Total 610 - Health Benefits Fund 788.75 'Litigation - On-going City litigation items provided separetly to the City Council. Page 20 of 23 City of Des Plaines Warrant Register - 06/17/2013 Line# Org , 545 'Vendor Invoice Inv.' -- -- -. - Amount 533 Fund: 700 - Escrow Fund 534 N/A 2226 Special Events - July 4th 2448 Knauf, Michael 56564070413 Performance Fee for 2013 4th of July Parade 1,100.00 535 N/A 2226 Special Events - July 4th 3176 Tebala Shrine Big Wheels 2013 Parade Performance Fee for 2013 4th of July Parade 300.00 536 N/A 2226 Special Events -July 4th 3192 Cavaliers Drum & Bugle Corps 2013 Parade Performance Fee for 2013 4th of July Parade 2,000.00 537 N/A 2226 Special Events -July 4th 3227 Jesse White Tumbling Team 2013 Parade Performance Fee for 2013 4th of July Parade 950.00 538 N/A 2226 Special Events -July 4th 3771 Waterloo German Band 2013 Parade Performance Fee for 2013 4th of July Parade 650.00 539 Total N/A 5,000.00 541 Total 700 - Escrow Fund 5,000.00 544 Fund: 950 - Emergency Communications Fund 545 00 6005 Legal Fees 3447 Holland & Knight LLP 2912808 4-13 Non -Retainer JETS ETSB Restructuring 1,304.00 546 00 6015 Communication Services 1552 Verizon Wireless 9704859911 Cell Phone Service 04/14- 05/13/2013 259.20 547 00 7000 Office Supplies 2162 Reliable Office Supply DQ322200 Copy Paper 136.48 548 00 7200 Other Supplies 1076 Sam's Club Direct 003064 Cleaning Wipes 21.96 549 Total 00 - Non Departmental 1,721.64 551 Total 950 - Emergency Communications Fund 1,721.64 .553 Grand Total 778,849.54 • Litigation - On-going City litigation items provided separe tly to the City Council. Page 21 of 23 74.85] City of Des Plaines Warrant Register - 06/17/2013 Manual Checks Line tt Org Account Vendor Invoice Invoice Desc_ Amount 554 _ Fund: 100 - General Fund 3 Sets of Repl Plates for Squads 30.00 20 6015 Communication 1010 AT&T Mobility 839230867X05111 Telephone Service 04/04- 15.09 555 Total 50 - Public Works & Engineering Natural Gas Service 04/15- 05/14/2013 Services 6015 3 05/03/2013 05/18/13 556 Total 20-atyAdministration 562 15.09 565 Total 100 - General Fund 86.46 568 50 16115 Licensing/Titles 1744 IL Secretary of State REPL PLATES 3 Sets of Repl Plates for Squads 30.00 558 1 42.84 570 Services Moving to PW Natural Gas 559 Total 50 - Public Works & Engineering Natural Gas Service 04/15- 05/14/2013 30.00 565 Total 100 - General Fund 86.46 568 60 6015 Communication 1032 Comcast Cable 05/18/2013 Internet/Cable Service June 39.27 561 42.84 570 Services 7110 Natural Gas 2013 05/14/13 Natural Gas Service 04/15- 05/14/2013 60 6015 Communication 1032 Comcast Cable 05/18/13 Internet/Cable Service June 2.10 562 52.56 580 Services 482.62 2013 563 Total 60- Police Department 41.37 565 Total 100 - General Fund 86.46 568 Fund: 201- TIF 41 Downtown Fund 569 00 7110 Natural Gas 1064 Nicor 05/14/2013 Natural Gas Service 04/15- 05/14/2013 42.84 570 00 7110 Natural Gas 1064 Nicor 05/14/13 Natural Gas Service 04/15- 05/14/2013 32.01 571 Total 00 - Non Departmental 7110 74.85 573 Total 201- TIF Al Downtown Fund 576 Fund: 500 - Water/Sewer Fund 577 00 7110 Natural Gas 1064 Nicor 05/15/2013 Natural Gas Service 04/17- 05/15/2013 84.80 578 00 7110 Natural Gas 1064 Nicor 05/20/2013 Natura' Gas Service 04/19- 05/17/2013 345.26 579 00 7110 Natural Gas 1064 Nicor 05/17/2013 Natural Gas Service 04/19- 05/17/2013 52.56 580 Total 00 - Non Departmental 482.62 582 Total 500 - Water/Sewer Fund 482.62 585 Fund: 950 - Emergency Communications Fund 586 00 6015 Communication Services 1032 Comcast Cable 05/15/2013 Internet/Cable Service 05/30- 06/29/2013 224.85 587 Total 00 - Non Departmental 1160 Nines , V'llage of 224.85 589 N/A 2420 Escrow - Park Ridge E911 Surcharge 1125 Park Ridge, City of Statewireian2013 911 Surcharge Reimbursement Jan 2013 18,373.76 590 N/A 2421 Escrow - N°'es E911 Surcharge 1160 Nines , V'llage of StatewireJan2013 911 Surcharge Reimbursement Jan 2013 14,387.64 591 N/A 2422 Escrow - Morton Grove E911 Surcharge 1629 Morton Grove, Vi rage of StatewireJan2013 ' 911 Surcharge Reimbursement Jan 2013 11,502,72 592 Total Escrow 44,264.12 r 594 Total 950 - Emergency Communications Fund 44,488.97 596 1 1 Grand Total{ { 45,132.90 Page 22 of 23 City of Des Plaines Warrant Register - 06/17/2013 Summary Automated Accounts Payable Manual Checks Payroll Electronic Transfer Activity: Bank of America Credit Card Chicago Water Bill ACH Postage Meter Direct Debits Utility Billing Refunds First Merit Bank Fees Discovery Benefits Admn Fees IMRF Payments Debt Service Payments Employee Medical/Dental Trust Total Cash Disbursements: Amount Transfer Date $ 778,849.54 ** 6/17/2013 $ 45,132.90 ** 5/30/2013 $ 1,242,031.78 $ - $ - $ 3,000.00 6/3/2013 $ $ 63.77 * 5/30/2013 $ $ $ $ 723,668.60 * 6/5/2013 $ 2,792,746.59 * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Seventeenth Day of June 2013 Ayes Nays Absent Gloria J. Ludwig, City Clerk Matthew J. Bogusz, Mayor Page 23 of 23 CITU OF Io DES PLAINES ILLINOIS City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: May 16, 2013 To: Michael G. Bartholomew, MCP, LEED AP, City Manager, Alexander Dambach, AICP, PP, Director of Community and Economic Development From: Scott Mangum, AICP, Senior Planner J "( Subject: Final Planned Unit Development and Final Subdivision Plat at: 254 Laurel Avenue, (Located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue), Case #05-03 1 -PUD Issue: A Final Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 29 Townhomes on approximately 1.1 acres as Phase II of the Lexington Park PUD in the R-4, Central Core Residential Zoning District with requested PUD exceptions for lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet, setbacks as small as 3 -feet (front yard) instead of not less than 12 -feet, 3 -feet (side yard) instead of not less than 5 -feet, and 9 -feet (rear yard) instead of not less than 12.6 -feet (20 percent of lot depth); A Final Plat of Resubdivision of an existing lot is requested to result in a total of 6 lots with a subdivision variation from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet; Analysis: Owners: Petitioner: Final Planned Unit Development Report Lexington Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614 Lexington Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614 Page 1 of 155 Case Number: Real Estate Index Numbers Existing Zoning Existing Land Use Surrounding Zoning Surrounding Land Use Street Classification Comprehensive Plan Development Schedule Project Description 05 -031 -PUD 09-17-213-001,09-17-213-007 R-4, Central Core Residential Vacant land (Phase II) North: M-2, General Manufacturing South: R-4, Central Core Residential East: R-1, Single Family Residential, R-3 Townhouse Residential West: R-4, Central Core Residential North: Phase I Townhomes, Railroad Tracks, Manufacturing South: Multi family residential East: Phase I Townhomes, Single Family Residential West: Vacant Land Western Avenue, Evergreen Avenue, Harding Avenue, and Wildflower Street are all local streets. Low density multi -family residential is the recommended use of the property. 2013 Construction On October 18, 2007, the City Council approved the Final Planned Unit Development for Phase I of the Lexington Park townhome development at a former industrial site located at 254 Laurel Avenue. The plan included a small area, identified as `Block A,' which was excluded and intended as a Phase II component. Construction of townhomes on the major portion of the Lexington property, the 8.2 -acre Phase I site, began in 2008 and is nearing completion. The smaller, 1.2 -acre Phase II site received preliminary PUD approval for two condominium structures with a total of 120 units. Those entitlements expired and the developer is now presenting a plan for 6 buildings with 29 townhome units on the Phase II site. Six townhome buildings, organized into three rows of townhomes are proposed on the site. The two northernmost buildings would front Evergreen Avenue, while the remaining four buildings would face each other with an approximately 20 -30 -foot wide landscaped Page 2 of 155 courtyard with walkway separating the structures. An eight foot separation is proposed between the new buildings. Access to attached two car garages for each unit would be provided by two 33 -foot wide private alleys. Western Avenue would be extended to connect with Evergreen Avenue with a width of 23 -feet from back of curb to back of curb and a minimum roadway width of 20 -feet. PUD Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 3.5-5 of the Zoning Ordinance: A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD regulations in Section 3.5-1: Comment The proposed plan is consistent with the stated purpose of Section 3.5-1 of the Zoning Ordinance in so far as the proposed townhome development would allow for an efficient use of land resulting in more economic networks of utilities, street and other facilities not be possible under the strict application of the Zoning Ordinance based on the proposed density of residential development on the site. B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit development regulations: Comment The proposed Planned Unit Development meets all PUD requirements contained in Section 3.5-2 of the Zoning Ordinance as it would be located in a zoning district (R-4) that permits PUDs, it meets the minimum size standard of two acres, as it is 9.5 acres in size, and the land for Phase II is under unified control of Lexington Homes, LLC. C. The extent to which the proposed plan departs from the applicable zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest: Comment The proposed development meets or exceeds the following applicable zoning regulations as proposed for the R-4, Central Core Residential District: • Minimum size for PUD; Two acres are required; the total site is 9.5 acres; • Maximum building coverage (Not applicable in R-4, Central Core Residential); • Parking requirements; 58 spaces (2/unit) are required; 58 are proposed; • Building Height; A maximum height of 80' is allowed and a maximum of 38' is proposed; • Compatibly with surrounding properties; and • Traffic (Adequate provision for safe ingress and egress and minimal traffic congestion) Planned Unit Development exceptions are requested for: Page 3 of 155 • (1) Lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet. The proposed lot sizes are smaller than what is allowed by code which acts to reduce the amount of landscaping and open space provided per lot. An average of approximately 1,817 square feet of lot area is provided per unit in comparison to the 2,800 square feet per unit that would be required in the R-3, Townhouse Residential district. The development does exceed the minimum lot area required per unit of 1,500 square feet in the R-4 District and some common open space areas are provided. • (2) Front -yard setbacks of as small as 3' instead of not less than 12', side -yard setbacks of as small as 3 -feet, instead of not less than 5 -feet and rear -yard setbacks of as small as 9 -feet, instead of not less than 12.6 -feet (20 percent of lot depth). The proposed setbacks are a reduction from the 7' -front yard setbacks approved in Phase I, however, the reduced front yard setbacks proposed would create wider alley access to accommodate current Fire Code standards while maintaining the proposed number of units. D. The extent to which the physical design of the proposed development does or does not make adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect open space, and further the amenities of light and air, recreation and visual enjoyment: Comment. After reviewing the petitioner's preliminary building and site improvement plans; it appears that the proposed development is making adequate provision for the necessary infrastructure. Comments and conditions from the Public Works and Engineering Department further address this issue. Pedestrian access to the site would be provided by a continuation of the sidewalk network through the site. No additional open space is proposed as part of Phase II, but wider park -like courtyards in addition to detention and open areas along the railroad tracks were provided as a part of Phase I. The control of vehicular traffic is addressed by the petitioner's professional 2007 traffic study, which was performed by KLOA of Rosemont, IL. The study concludes, "The project site is well situated with respect to the area roadway. The roadway system in the area, together with the proposed access plan, will provide sufficient capacity to accommodate the projected traffic demands by the proposed development." The City's Engineering Division reviewed the traffic study. E. The extent to which the relationship and compatibility of the proposed development is beneficial or adverse to adjacent properties and neighborhood: Comment. The architecture of the proposed 29 -unit Phase II townhome development is identical to the 116 units in Phase I. Compatibility is provided at the expense of architectural variety. The development does continue the existing City street grid and Phase II would connect Western Avenue to Evergreen Avenue. Page 4 of 155 F. The extent to which the proposed plan is not desirable to physical development, tax base and economic well-being of the entire community: Comment The Phase II location is vacant. If the development is built as proposed with the 29 townhomes, the assessed valuation of the property may increase, which will result in an increase in property tax revenue for the City of Des Plaines and thus enhance the economic well-being of the City. Of course, once the townhomes are built and occupied, there will be greater demands on city services, city streets and other public facilities. It is assumed that the city's current public services and public facilities will be able to handle the increased need for services at this location without being overburdened. G. The extent to which the proposed plan is in conformity with the recommendations of the 2007 Comprehensive Plan. Comment The proposed townhome development generally conforms to the land use plan contained in the 2007 City of Des Plaines Comprehensive Plan. The proposed development is in conformity with the plan's stated goal for Low Density Multi -Family Residential which calls for residential areas consisting primarily of low-rise multi -family, duplex, and townhouse dwellings, generally with a density of up to 22 dwelling units per acre. The plan also calls for this type of residential to be developed on vacant and/or former industrial sites west of downtown. In addition, townhouses in this area of the City could be in conformity with the 2007 Comprehensive Plan's (Chapter Two) goals for Land Use and Development. Specifically, the proposed townhouses could serve, "to provide high quality and diverse housing options for city residents." PUD Issues/Considerations: 1. While uniform with the Phase I development, the architectural design and unit types lack variety. 2. The orientation and configuration of the townhome buildings lack presence on Wildflower Street and Western Avenue. 3. The reduced yard setbacks and distance between buildings reduces useable open space. Page 5 of 155 Final Plat Report Name of Subdivision: Lexington Park Phase II Address: 254 Laurel Avenue, (Located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue) Request: Approval of a Final Plat of Subdivision consisting of six lots. Total Acreage of Resubdivision: 1.21 acres General Information Lot Descriptions and Construction Plans: The Final plat shows the existing lots being resubdivided into six lots: Lot #18 (9,163 square feet) would have approximately 63 feet of frontage on Wildflower Street with a 6 -unit townhome building facing north; Lot #19 (7,361 square feet) would have approximately 72 feet of frontage on Wildflower Street with a 4 -unit townhome building facing south; Lot #20 (6,732 square feet) would have approximately 67 feet of frontage on Wildflower Street with a 4 -unit townhome building facing north with approximately 101 feet of frontage on Evergreen Avenue; Lot #25 (8,578 square feet) would have approximately 70 feet of frontage on Western Avenue with a 5 -unit townhome building facing north with approximately 118 feet of frontage on Evergreen Avenue; Lot #26 (11,442 square feet) would have approximately 83 feet of frontage on Western Avenue with a 6 -unit townhome building facing south; Lot #27 (6,308 square feet) would have approximately 63 feet of frontage on Western Avenue with a 4 -unit townhome building facing north. A subdivision variation is requested from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet. While the requested right-of- way width is less than required, the proposed 23 -foot width of Western Avenue would allow for one-way traffic northbound. Final Plat Comments 1. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of Subdivision to list all Planned Unit Development exceptions requested: minimum lot size, and front, side, and rear yard setbacks in the R-4 Zoning District. 2. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of Subdivision to include the subdivision regulations variation requested for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet. Staff Recommendations: • The Department of Community and Economic Development recommends consideration of the Final Planned Unit Development and consideration of the Final Plat of Subdivision. • The Public Works and Engineering Department recommends approval of the Final PUD and Final Plat of Subdivision, subject to condition #4 listed below. The Engineering Division has preliminarily reviewed the Final Plat of Subdivision, Final Engineering Plans, Engineer's Cost Estimate and the Traffic Study and is recommending approval subject to the conditions and comments below. Page 6 of 155 • The City of Des Plaines Fire Department recommends approval of the Final PUD, and approval of the Final Plat of Subdivision, subject to conditions #5 — #7, as listed below. Conditions: 1. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of PUD to remove Site Data regarding previously proposed Phase II for the purposes of clarifying what is included in the current Phase II submittal. 2. Prior to consideration by the City Council, the petitioner shall provide written proof of Final Engineering approval from the City of Des Plaines Public Works and Engineering Department. 3. The petitioner shall pay all applicable building permits and related fees. 4. Prior to consideration by the City Council, the petitioner shall make any corrections to Final Plat of Subdivision, Final Engineering Plans, and Engineer's Cost Estimate to the satisfaction of the Director of Public Works and Engineering. 5. Provide sufficient fire hydrants on 8 -inch looped mains to the satisfaction of the Fire Chief. 6. Provide sufficient emergency vehicle turning radius to the satisfaction of the Fire Chief. 7. Access roads shall be designed to support the imposed loads of fire apparatus. At its May 13, 2013 meeting, the Plan Commission recommended (4-0), with one abstention, that the City Council approve, subject to conditions, the above-mentioned Final Planned Unit Development. Under Section 3.5-4 of the Zoning Ordinance (Planned Unit Developments) the City Council has the authority to approve, approve with modifications, or disapprove the above- mentioned Final Planned Unit Development. Additionally, the Plan Commission approved (4-0), with one abstention, the Final Plat of Subdivision, subject to conditions. Under Section13-2-8 of the Municipal Code, the City Council shall, by resolution, approve the Final Plat and authorize and direct the Mayor to affix the name of the City. The approval shall be attested by the City Clerk and sealed with the corporate seal of the City. Staff requests that this item be placed on the Committee of the Whole agenda at the June 3, 2013 City Council meeting. SM/sm Attachments: Attachment 1: Three ring binder including: • Tab 1: Application — Subdivision • Tab 2: Application —Planned Unit Development • Tab 3: Ownership Title Policy Page 7 of 155 • Tab 4: Declaration for Lexington Park Townhomes • Tab 5: Engineering Plans • Tab 6: Engineering Cost Estimate for Public Improvements • Tab 7: Final Plat of Planned Unit Development • Tab 8: Construction Schedule • Tab 9: Plat of Subdivision • Tab 10: Site Plan • Tab 11: Landscape Plan • Tab 12: Building Elevations Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Draft Minutes of the May 13, 2013 Plan Commission Hearing Attachment 5: Letter from Plan Commission to the Mayor Exhibits: Ordinance authorizing a Final Planned Unit Development to allow for the construction of 29 Townhomes on approximately 1.1 acres as Phase II of the Lexington Park PUD in the R-4, Central Core Residential Zoning District with requested PUD exceptions for lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet, setbacks as small as 3 -feet (front yard) instead of not less than 12 -feet, 3 -feet (side yard) instead of not less than 5 -feet, and 9 -feet (rear yard) instead of not less than 12.6 -feet (20 percent of lot depth); Exhibit A: Final Plat of Planned Unit Development prepared by TFW Surveying and Mapping, Inc. and revised May 31, 2013. Exhibit B: Final Plat of Resubdivision prepared by TFW Surveying and Mapping, Inc. and revised May 23, 2013. Exhibit C: Engineering Cost Estimate for Public Improvements prepared by Pearson, Brown & Associates, Inc. and dated May 23, 2013. Resolution granting approval of the Final Plat of Resubdivision of an existing lot is requested to result in a total of 6 lots with a subdivision variation from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet; Exhibit A: Final Plat of Resubdivision prepared by TFW Surveying and Mapping, Inc. and revised May 23, 2013. cc: Members of Plan Commission Petitioners Page 8 of 155 LEXINGTON HOMES PHASE II LEXINGTON PARK TABLE OF CONTENTS 1. Subdivision Application 2. Final Planned Unit Development Application 3. Ownership Title Policy 4. Declaration for Lexington Park Townhomes 5. Engineering Plans 6. Engineering Cost Estimate for Public Improvements 7. Final Plat of Planned Unit Development 8. Construction Schedule 9. Plat of Subdivision 10. Site Plan 11. Landscape Plan 12. Elevations Attachment 1 Page 9 of 155 el of Des Plaines Subdivision: Review Guide 111'ai e Attachment 1 Page 10 of 155 Apslicaitirs Packet 21Pagc Attachment 1 Page 11 of 155 CORtalltS Subdivision Review Process (Steps 1 to 16) Pages 1-7 Application Fee Schedule Page 7 Subdivision Review Flow Chart Page 8 Plan Commission Public Meeting Schedule Page 9 Public Service (Utility) Company Contact List Page 10 Sample Letter of Credit Page 11 Trees — List of Recommended Species Pages 12 Application for Subdivision Pages 13 & 14 31 Pagc Attachment 1 Page 12 of 155 On of Des Plaines Subdivision Review Guide Review Process (Steps 1-2) Step 1: Schedule Pre -application conference. Meet with the Community & Economic Development staff' to receive an application and discuss the subdivision review process. Call 847- 391-5306 for an appointment; the applicant should bring a current plat of survey and/or a sketch plat. Step 2: Submit application material to Senior Planner. Please note: Only applications, which include all the required information, are accepted and scheduled for a public hearing. Subdivision Application. (Must be signed by the owner(s) of record at the time application is made) _ Application Fee: See Fee Schedule on page seven. Proof of Ownership: o Property owned by an individual: Provide copy of property title insurance policy or warranty deed. o Property owned by a corporation: Provide corporate letters authorizing the signatory on application to act on behalf of the corporation. o Property owned in trust: See subdivision application. Plat of Survey(s) showing all property to be subdivided (Two copies folded) _ Plat of Subdivision (See Surveyor's Packet for checklist of required items). (Ten copies - folded) Preliminary Engineering Plans Existing and/or proposed utilities must be shown. (Four copies) Review Process (Steps 3-4) Step 31 City reviews all application material, issues a report and posts public notification signs: 1. Four city departments will review the Tentative Plat and/or Engineering Plans. This takes 2-3 weeks. 2. The Community & Economic Development Department will prepare a report including recommendations and comments from other city departments. The applicant will be mailed or faxed a copy of the report along with the agenda. 3. The Department of Public Works will post a notification sign on the property at least seven days before the public hearing. The sign will specify the time and date of the hearing and refer all inquires to the Planning and Zoning Division. Step 4: Plan Commission holds a public hearing to consider Tentative Plat approval. Generally, the Plan Commission hearing will follow this format: o The applicant, or his/her agent, will give a brief presentation including construction plans, timing, and how the subdivision will relate to the surrounding area. Also, if applicable, the applicant will request a subdivision variance. 41 Pagc Attachment 1 Page 13 of 155 City of Des Plaines Suhdivisiofl Review Gude Review Process (Steps 4-6) o Staff will present a report and recommendation. o Public comment will be heard. o Plan Commission will review the Plat against Tentative Plat checklist. o The Plan Commission will vote to grant or deny approval, and if applicable, make a recommendation to grant or deny any subdivision variance requests. Step 5: If applicable, Applicant applies for a zoning variation. The Senior Planner will instruct you on how to proceed. This step entails a hearing before the Zoning Board of Appeals and will take 4-8 weeks. Step 6: Applicant revises subdivision plat and engineering plans, as follows: _ Read and review the Plan Commission report, especially the Tentative Plat comments. Address all the requested changes and issues contained in the report and then bring the original Mylar plat to the review. If it passes, bring it to all the public utilities for their signatures. When finished, bring the signed original plat and seven copies to the Senior Planner. _ Revise the preliminary engineering plans and submit four copies of final engineering plans to the Engineering Department directly. _ Submit an Estimate of Public Improvement Cost to Engineering Department. A professional licensed engineer must prepare this estimate. Review Process (Steps 7-9) Step 7: City reviews Final Plat and Final Engineering Plans. The plat may advance to the Final Plan Commission consideration hearing once both of the below have taken place: 1. The Engineering Department stamps approved on the final engineering plans and send them to the Community & Economic Development Department; and 2. The applicant/developer has submitted the original Mylar plat with all the required signatures and information to the Senior Planner. Step 8: Plan Commission will hold a public hearing to consider Final Plat. This applicant is required to appear. The hearing generally follows the same format as the Tentative Plat hearing. If approved, the plat proceeds to City Council within 3-4 weeks. Step 9: City Council considers Final Plat at next available council meeting. The Final Plat will be placed on one of two types of agendas: o Consent Agenda: This is for non- controversial subdivisions that do not need further public discussion, as recommended by the Community & Economic Development Department. Once subdivision is approved by way of the consent agenda, the plat will have final approval. o Committee of the Whole Agenda: This is for subdivisions that require more public discussion. The Council, in committee format, as well as the public and the developer, will further talk over the subdivision. 51Pagc Attachment 1 Page 14 of 155 City of Des Plaines $ululivisiofl Review Guide Review Process (Steps 9-10) City Council may take a vote on the Final Plat that evening. If the council does not recommend approval, the subdivision may be placed on the council's next meeting agenda for possibly more discussion. The applicant must attend all Council meetings and be prepared to answer questions about the subdivision. The applicant will be notified in writing of the hearing date. A subdivision is approved by resolution and thus has only one vote before the City Council. Step 10: Applicant posts Public Improvement Surety and Fees. Once the City Council approves the final plat, the applicant must submit an Estimate of cost prepared by the professional engineer that has prepared their engineering plans. Submit the Estimate to the Senior Planner who will send it to the Engineering Department. Upon approval, a subdivision fee schedule letter is prepared; it would instruct the applicant to send the below items to the Senior Planner. o A public improvement surety (in the form of cash, performance bond or irrevocable letter of credit — see attached sample). o Subdivision fees for engineering review and inspections, water and sewer, Cook County tax stamp, and plat recording and copying. Review Process (Steps 11-13) Step 11: City records subdivision plat. The plat is brought by the city (no exceptions) to the Cook County Recorder to secure a tax stamp and recording number. (This takes 1-2 weeks) The applicant will be given a copy of the plat with the recording number stamped on it. The original plat will be kept on permanent file in the Des Plaines Engineering Department where copies can be obtained. Step 12: Applicant constructs public improvements. The developer has two years to construct the public (off-site) improvements in accordance with the approved engineering plans. Step 13: Applicant requests reduction/release of surety. Once the applicant constructs a substantial portion of the public improvements, the applicant may request a reduction of the public improvement surety. To initiate this, submit the following to the Senior Planner. A letter requesting a reduction or release that includes the percentage of public improvements completed so far. _ A certification of completion from the Project Engineer that should state: "This is to certifr that the improvements for the (insert subdivision name) include (insert list of improvements) have been completed substantially in accordance with the approved plans." Wage Attachment 1 Page 15 of 155 City of Des Plaines SululMsiou Review ode Review Process (Steps 13-14-15 Upon receipt of the above, the Senior Planner will transmit the documents to the City Engineer with a request for an inspection of the subdivision's public improvements. The Engineering Department will review everything and also conduct a filed inspection. They will then issue a report recommending that the surety be reduced by a percentage corresponding to the amount of public improvements that are finished — or a "Final Report" recommending acceptance of all the public improvements. Step 14: Applicant posts Warranty. Before the City Council would formally consider acceptance of the public improvements, the developer posts the warranty in the form of cash or bond. Step 15: City Council accepts public improvements. The City Council formally considers acceptance of the public improvements at one of its regularly scheduled meetings first and third Monday of each month). If approved, the City of Des Plaines becomes the owner of the public improvements and thus responsible for maintenance. Step 16: Warranty released. Eighteen months after the City accepts the public improvements, the Engineering Department will inspect them to ensure they are functioning properly. Upon receiving a favorable report from the City Engineer, the cash warranty will be released by the City Council. If released, you will receive a check within seven — ten days. Subdivision process finished. Hurray! Updated January 2007 SUBDIVISION APPLICATION FEES SCHEDULE • One (1) acre or less $250.00 +$3.00 per lot • One (1) acre to 4.9 acres $300.00 +$3.00 per lot • Five (5) acres to 9.9 acres$350.00 +$3.00 per lot • Ten (10) acres to 19.9 acres...$500.00 +$3.00 per lot • Twenty (20) acres or more$650.00 +3.00 per lot (Ordinance M-64-01) Attachment 1 71Pagc Page 16 of 155 Pre -Application Meeting f Submit application material Review of application material by City Staff Yes Approved Plan Commission Considers approval of Tentative plat Developer applies for Zoning variations if necessary Developer submits final engineering plans Approved Plan Commission considers approval of final plat Yes City Council considers approval of final plat Yes Developer posts surety and fees City staff records subdivision plat Developer constructs public improvements + Developer posts public improvement warranty City Council accepts public improvements SUBDIVISION PROCESS Denied No No Process Stops Process Stops Process Stops City releases public improvement warranty 81Pagc Attachment 1 Page 17 of 155 2012 Plan Commission Meeting Schedule Regularly scheduled meetings of the Plan Commission are held at 7:00 p.m. the second and last Monday of each month, except December and legal holidays such as Memorial Day and Columbus Day. Applications must contain all the required information and be submitted to the Department of Community & Economic Development, Division of Planning & Zoning, Room 301 by 5:00 p.m. on the application deadline. 9�Pa c Attachment 1 Page 18 of 155 HEARING DATE APPLICATION DEADLINE January 9 December 9 January 30 December 30 February 13 January 13 February 27 January 27 March 12 February 10 March 26 February 24 April 9 March 9 April 30 March 30 May 14 April 13 May 28 April 27 June 11 May 11 June 25 May 25 July 9 June 8 July 30 June 29 August 13 July 13 August 27 July 27 September 10 August 10 September 24 August 24 October 8 September 7 October 29 September 28 November 12 October 12 November 26 October 26 December 10 November 9 December 31 November 30 9�Pa c Attachment 1 Page 18 of 155 PUBLIC SERVICE COMPANY CONTACTS Before the Plan Commission can consider final plat approval, the applicant must have each of the below public utility companies sign the original Mylar copy of the Plat of Subdivision. It is strongly recommended that you call ahead before visiting any of the offices listed below. Please use a permanent felt-tip (drafting) pen for all signatures. The plat will be rejected, if it is signed with a ballpoint pen. Northern Illinois Gas (NICOR) Mr. Tom Conway 90 North Finley Road Glen Ellyn, IL 60137 630-629-2500 x335 AT&T Ms. Sue Manshum 2004 Miner Street Des Plaines, IL 60016 847-759-5603 Commonwealth Edison (Execelon) Mr. Wally Janz 1500 Franklin Blvd. Libertyville, IL 847-816-5252 Wide Open West (WOW Cable TV) Mr. Brian Hurd 1674 Frontenac Rd. Naperville, IL 60563 630-669-5227 Comcast (Cable TV) Mr. Frank Gauter, Right -of -Way Engineer 688 Industrial Drive Elmhurst, IL 630-600-6348 10jPage Attachment 1 Page 19 of 155 Irrevocable Letter of Credit # _ Date of Letter: Amount: SAMPLE LETTER OF CREDIT Expiration Date: To: City of Des Plaines, Illinois We hereby establish this Irrevocable Letter of Credit # in your favor in the amount of $ Dollars for the account of (insert subdivider's name and address) for a Public Improvement Surety for the (insert name of) Subdivision in the City of Des Plaines, Cook County, Illinois. These funds are available against presentation of your draft to us on sight, marked under "Drawn under (insert name of financial institution) Irrevocable Letter of Credit # dated ", and accompanied by this original Letter of Credit and a Statement of the City of Des Plaines, signed by its designated officer that "In connection with the (insert name) of Subdivision, improvements have not been completed by (insert name of subdivider) in accordance with the Public Improvement Plan. This Letter of Credit shall remain in full and effect for the above purposes for the period of two years from the date of this letter, with an option to extend this letter, upon 30 days notice prior to the termination date of this letter and each extended period thereafter, for an additional two year period, until the project is completed to the City's satisfaction. Furthermore, the amount of the Letter of Credit remaining at the end of each year from the date of issuance will be increased by twenty-five percent over the total amount of the monies remaining in the Letter of Credit. We hereby engage with you that drafts drawn in accordance with the terms and conditions of the Letter of Credit will be duly honored upon due presentation to us at our principal office at (insert address) before the close of business on (insert expiration date) or future expiration date (s), if extended. This Letter of Credit is subject to uniform Customs and Practice for Documentary Credits, 1993 version, International Chamber of Commerce (Publication No. 500) which is incorporated into the text of this Letter of Credit by this reference and to the extent not inconsistent therewith to the laws of the State of Illinois including Article 5 of the Illinois Uniform Commercial Code. Name-andSagnature of _ _ Attest Financial Institution 111Page Attachment 1 Page 20 of 155 Recommended Parkway Trees for Subdivision Tree Species Planted — Under Overhead Wires o Spring Snow Crabapple — This is a dense, upright ovate tree, which reaches a height of 25 -feet. It has abundant flowers in the spring, but is fruitless. Leaves change to yellow in the fall. o Thornless Cockspur Hawthorne — Small, with a mature height of an about 20 -feet. It has good glossy foliage that turns yellow-orange in the fall. o Washington Hawthorne — Small, with a mature height of 25 feet. Has a rounded shape with white flowers in the spring reddish fall color. As the name implies, this tree has thorns. o Winter King Hawthorne — Wide, spreading, vase -shaped form, grows to a mature height of 25 to 30 feet. White flowers boom in the spring with glossy leaves, which turn bronze, red, gold in the fall. Like the Washington Hawthorne, it has thorns. o Ivory Silk Lilac — Grows to 20 to 25 feet. It has reddish brown, cherry-like bark, which becomes gray and scaly with age. Creamy white flowers bloom late in the Spring; but it has no notable fall color. o Hedge Maple — Small and slow growing to 25 to 30 feet, round in form. The branches and trunk are furrowed with corky tissue. Leaves are glossy green changing to yellow in the fall. Trees Species Planted — Without Wires Overhead o Skyline Honeylocust — Grows up to 50 feet high. Round and spreading crowns completely free of thorns. The leaves turn yellow in the fall and because of the small size, are largely unseen on the ground. Provides shade and withstands city conditions, blends well with contemporary architecture. o Greenspire Linden — Grows quickly to a height of 50 feet. Dense, tight pyramidal shape with compact foliage for excellent shade and tolerates city conditions. Small yellow and white flowers, usually fragrant, appearing in early summer. Foliage turns yellow in the fall. o Crimson King Maple — Grows at medium speed to a height of 40 feet with a oval shape and dense crown. Requires well -drained soil for survival. Leaves are maroon colored in the spring and summer, but fades in the fall. o Parkway Norway Maple — Develops to a height of 40 feet; Medium growth rate oval, dense crown when mature. This is an excellent shade tree, which is noted for its dark green foliage and ability to withstand city conditions. Bright yellow fall coloration. o Red Oak — Increases to a height of 70 feet. Open and wide spreading. Known for its tendency to turn deep red in the fall. Required Tree Size Two -and -a -half inch to three-inch caliper. 12 Page Attachment 1 Page 21 of 155 City ofDes Plaines Plan Commission Suladvision Application L Proposed Name of Subdivision Lexington Park Phase Two 2. Commonly Known Address 254 Laurel Avenue 3. Name of Applicant(s) Lexington Des Plaines I, LLC 4. Address of Applicant(s) 1731 North Marcey Street, Suite 200, Chicago, IL 60614 5. Telephone/Fax Number of Applicant(s) (773) 598-5451 6. Owner(s) of Record Lexington Des Plaines I, LLC 7. Owner(s) Address 1731 N. Marcey Street, Suite 200, Chicago, IL 60614 8. Owner(s) Telephone Number(s) (773) ; 598-5451 9. Name of Contact (if different from Applicant) Bernard Citron/Jessica Schramm 10. Address of Contact (if different from Applicant) Thompson Coburn, LLP, 55 E. Monroe SL, 37th Floor, Chicago, IL 60603 11. Telephone/Fax Number(s) of Contact (if different from Applicant) (312) 346-7500 12. How is property currently being used (check one or more)? Residential Commercial Industrial Institutional Recreational x Vacant 13. Zoning District R-4 Central Care Residential with P.U.D. 14. Permanent Index Number(s) (P.I.N.) 09-17-203-004-0000; 09-17-203-027-0000; 09-203-034-0000; 09-17-203-005-0000; 09-17-203-028- 0000; 09-203-035-0000; 09-17-203-006-0000; 09-17-203-030-0000; 09-203-036-0000; 09-203-038- 0000 15. Total acreage of proposed subdivision 1.2188 acres 16. How many lots will be in the proposed subdivision? . �- 17. Describe construction plans for proposed subdivision Construction of 29 townhomes in conformance with the preliminary site plan approved by City 13 Page Attachment 1 Page 22 of 155 l 8. Is the property registered in Torrcns? Yes X No 19. Is a variation from the Des Plaines Subdivision Regulations being requested? Yes If so, describe A variation from the 66'—wide minimum requirement 20. Is the property owned by a Land Trust? Yes. X No In the event of Land Trust Ownership: The Trust Officer of the institution holding the Trust must sign the application as "owner ". Also required is a certified copy of the Trust Agreement and a letter from the Trustee certifying that the beneficiaries as shown below are correct and dis closing any beneficiary changes or lack thereof during the 12 months immediately preceding the filing of the application. Name of Trust Beneficiary Address Name of Trust Beneficiary Address 21. Applicant Social Security Number or Federal Tax ID I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my (our) knowledge and belief. I (we) consent to the entry in or upon the premises described in this applicatio y authorized official of the City of Des Plaines, Illinois, fo r purpose of posting, mainta ing, and moving such notices as may be required and for preparite analysis of the projrfy. Date 14 Page Attachment 1 Page 23 of 155 FINAL CITY OF DES PLAINES PLAN COMMISSION 1420 MINER STREET . DES PLAINES, IL 60016 PLANNED UNIT DEVELOPMENT APPLICATION * DO *NOT WRITE IN THIS SPACE - FOR OFFICE USE ONLY • Case Number Property Located in: Floodplain Yes No Floodway Yes No Pec Paid/Receipt Number Amount • Date . Date Legal Notice Published Scheduled Heating Date at 7:00 P.M. in Room 102, City Hall Action by City Council " • 4 • I. A PLANNED UNIT DEVELOPMENT (P.U.D.) is requestedd in accordance with Article 3, Section 5 of - the City of Des Plaints Zoning Ordinance to permit the construction of • town houses instead. of condominiums as designated in Des Plaines Ordinance Z-19-05 and Case # 05-31-P.U.D. to be consistent with the development of•the-entire P.U_D. Op -the following described property (fill in or attach legal description): Please• see the Commitbent for the Title Insurance attached hereto 2. A MAP AMENDMENT is also requested to change the present zoning district from N/A to. on the property described above. 3. Address of Property 2•c4 La urp1 Avpnup 4. Property index Number Please see. the Commitment for Title Insurance attached hereto. 5. Present Use of Property for development of town' -houses 6. Present Zoning District ofPmpertylt-4 Central Core Residential with P.U.D.• 7. NameofApplicant(s) Lexington Des • Plaines I, LLC • 8. Address ofApplicant(s) 1731 North Marcey Street, Suite 200, Chicago, Illinois 60614 Attachment 1 Page 24 of 155 9. Telephone Number of Applicant (s) Moises Cukierman at 773-598-5451 • 10. Property Interest of Applicant (s) Owner of the Subject Property 11. Name of Owner (s) (if different from applicant) N/A 12. Address of Owner (s) (if dif ez-ent from applicant) ' N/A 13. Telephone Number of Owner (s) (if different from applicant) 14. Name (s) of Trust Beneficiary (ies)* N/A N/A 15. Address (es) of Trust Beneficiary (ies) N/A • 16. Name of Contact Person Bernard Citron/Jessica Schramm, Attorneys . for Applicant 17. Telephone Number of Contact Pelson (312 ) 346-7500 18. Address of Contact Person 55 E. Monroe Street, 37th Floor, Chicaeo, IL 60603 * All applications involving property held by a land trust must be signed by the trust officer of the - institution holding the trust as the owner of the property. Additionally, the trust beneficiary (ies) and bis .(their) current address(es) must be disclosed on the application form. The application must also be accompanies by the following: 1: Certified copy of the trust agreement 2. A -letter from the trustee certifying that the beneficiary(ies) as shown on the application are correct and -disclosing any beneficiary changes or lack thereof during the 12 months immediatelypreceding - the fling of this application. - . I (we) certify that all of the above statements and the statements contained in any papers or plans • submitte1 herewith are trite to the best of my (our) knowledge and belief . ((we) consent to the entry in or upon the premises described in application by any authorized official of the City of Des Plaines, • Illinois • r ^ ..a*.,nrtve of rrE maintaining, and r coving such notices as may be required. Attachment 1 Date r2 - Page 25 of 155 1 COMMITMENT FOR TITLE INSURANCE Chicago Title Insurance Company CHICAGO TITLE INSURANCE COMPANY ('Company'), for valuable consideration, commits to issue its policy or policies of tide insurance. as identified in Schedule A. in favor or'the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the Land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements: all subject to the provisions .of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue. whichever first occurs, provided that the failure to Issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Chicago Title insurance Company has caused Its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Issued By: CHICAGO TITLE INSURANCE COMPANY 171 N. CLARK STREET CHICAGO, IL 60601 Refer Inquiries To: (312)223-3005 CHICAGO TITLE INSURANCE COMPANY Commitment No.: orized Signatory 11401 008392447 D2 COMMevroc uioc PCC DG2 Attachment 1 09/12/07 09:15:26 Page 26 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A YOUR REFERENCE: RENAISSANCE PLACE - DES PLAINES ORDER NO.: 1401 008392447 D2 EFFECTIVE DATE: AUGUST 27, 2007 1. POLICY OR POLICIES TO BE ISSUED: OWNER'S POLICY: AMOUNT: PROPOSED INSURED: ALTA OWNERS 1992 55,040,000.00 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT IS FEE SIMPLE, UNLESS OTHERWISE NOTED. 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS AT THE EFFECTIVE DATE VESTED IN: LEXINGTON DES PLAINES I LLC, A DELAWARE LIMITED LIABILITY COMPANY COAIAMOG GNI DCC Attachment 1 DG2 PAGE Al DG2 09/12/07 09:15:27 Page 27 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO.: 1401 008392447 D2 4A. LOAN POLICY 1 MORTGAGE OR TRUST DEED TO BE INSURED:• NONE 9B. LOAN POLICY 2 MORTGAGE OR TRUST DEED TO BE INSURED: NONE COMMTIG6 rzios r cc DG2 Attachment 1 PAGE Al 0G2 09/12/07 09:15:27 Page 28 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO.: 1401 008392447 02 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS : RENAISSANCE PARCEL THAT PART OF LOT 3.IN COUNTY CLERK'S DIVISION IN THE NORTH 1/2 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF.THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE RIGHT OF -WAY OF THE DES PLAINES VALLEY RAILWAY COMPANY. LYING EAST OF A LINE 10.0 FEET EASTERLY, MEASURED AT RIGHT ANGLES AND RADIALLY OF THE CENTER LINE OF THE CHICAGO & NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.C.C. NO. 116A, EXCEPT THAT PART OF SAID LOT 3 LYING SOUTHERLY OF A LINE DRAWN.175.0 FEET NORTH, MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 3. TOGETHER WITH ALL THAT PART OF SAID LOT 3 AND LOT 4 IN COUNTY CLERK'S DIVISION LYING EASTERLY OF A LINE 8.50 FEET EASTERLY, MEASURED AT RIGHT ANGLES AND RADIALLY, OF THE CENTER LINE OF CHICAGO AND NORTHWESTERN RAILROAD COMPANY SPUR TRACK, I.C.C. NO. 198 AND SAID CENTER LINE EXTENDED NORTH TO THE NORTH LINE OF THE SOUTH 175.0 FEET, MEASURED AT RIGHT ANGLES, OF SAID LOT 3 AND NORTH OF THE SOUTH LINE OF SAID LOT 3 EXTENDED WEST, EXCEPTING FROM SAID TRACT OF LAND THAT PART THEREOF HERETOFORE DEDICATED FOR (EISFELDT AVENUE) LAUREL AVENUE PER DOCUMENT N0. 22210752, IN COOK COUNTY, ILLINOIS. --TOGETHER WITH -- LOTS 1 THROUGH 25, BOTH INCLUSIVE, AND THE VACATED PUBLIC ALLEY LYING NORTH OF AND ADJOINING SAID LOTS, IN BLOCK 2 IN MECHANIC'S ADDITION TO DES PLAINES, BEING ALLES' SUBDIVISION OF THE SOUTH 15 ACRES OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY. ILLINOIS. EXCEPTING THEREFROM THAT PART OF THE ABOVE DESCRIBED PROPERTY LYING EAST OF THE FOLLOWING LINE; COMMENCING AT THE .SOUTHWEST CORNER OF SAID LOT 25 IN BLOCK 2 IN MECHANIC'S ADDITION TO DES PLAINES, THENCE ON AN ASSUMED BEARING OF NORTH 87 DEGREES 23 MINUTES 26 SECONDS•EAST ALONG THE SOUTH LINE OF SAID BLOCK 2, A DISTANCE OF 252.R9 FEET TO THE PLACE OF *BEGINNING OF THIS LINE DESCRIPTION; THENCE NORTH 00 DEGREES 01 MINUTE 10 SECONDS EAST. PARALLEL WITH THE WEST LINE OF LAUREL AVENUE, 645.88 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE DES PLAINES VALLEY RAILWAY COMPANY FOR A POINT OF TERMINATION. IN COOK COUNTY, ILLINOIS. CO►1LGGG IL/OG DCC Attachment 1 DG2 PAGE A2 DG2 09/12/07 09:15:27 Page 29 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE 13 ORDER NO.: 1401 008392447 D2 SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS 1. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS. 2. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. 3. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY PUBLIC RECORDS. RIAL 4. HEREAFTER FURNISHED, IMPOSED�BY LAW AND FORSERVICNOT SHOWN BY THE ES, LABOR OR EPUBLIC EOR RECORDS.RETOFORE 5. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. . 6. IF EXTENDED COVERAGE OVER THE FIVE GENERAL EXCEPTIONS IS'REQUESTED, WE SHOULD BE FURNISHED THE FOLLOWING: A. A CURRENT ALTA/ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO CHICAGO TITLE INSURANCE COMPANY; B. A PROPERLY EXECUTED ALTA STATEMENT; MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN SPECIFICALLY. NOTE: THERE WILL BE AN ADDITIONAL CHARGE FOR THIS COVERAGE. 7. NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND ANY POLICY . ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN FULLY PAID. T 8. 1: TAXES FOR THE YEAR(S) 2006 AND 2007 . 2007 TAXES ARE NOT YET DUE OR PAYABLE. 1A. NOTE: 2006 FIRST INSTALLMENT WAS DUE MARCH 01, 2007 NOTE: 2006 FINAL INSTALLMENT NOT YET DUE OR PAYABLE PERM TAX# PCL YEAR 1ST INST STAT 09-17-203-004-0000 .1 OF 10 2006 $5.604.16 PAID THE TAX RECORD SHOWS ADDITIONAL PAYMENT OF $ 9.00 MADE ON FIRST INSTALLMENT. THIS TAX NUMBER AFFECTS PART OF PARCEL IN QUESTION. PRT PARCEL 16 09-17-203-005-0000 2 OF 10 2006 $571.98 PAID THIS TAX NUMBER AFFECTS PART OF PARCEL IN QUESTION. PARCEL 7 09-17-203-006-0000 3 OF 10 2006 $488.14 PAID THIS TAX NUMBER PART OF PARCEL IN QUESTION AND OTHER PROPERTY. PRT PARCEL 11 09-17-203-027-0000 4 OF 10 2006 $4,596.48 PAID THIS TAX NUMBER PART OF PARCEL IN QUESTION AND OTHER PROPERTY. PCLS 10 & 12 09-17-203-028-0000 5 OF 10 2006 $2,980.48 PAID THIS TAX NUMBER AFFECTS PART OF PARCEL IN QUESTION. PARCEL 13 09-17-203-030-0000 6 OF 10 2006 $9,165.66 PAID THIS TAX NUMBER AFFECTS PART OF PARCEL IN QUESTION. PARCEL 9 & PRT 6 COMBNRO4 12/04 OCC Attachment 1 DG2 PAGE B1 DG2 09/12/07 09:15:29 Page 30 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE II (CONTINUED) ORDER NO.: 1401 008392447 D2 09-17-203-034-0000 7 OF 10 THIS TAX NUMBER PART OF PARCEL 09-17-203-035-0000 8 OF 10 THIS TAX NUMBER AFFECTS PART OF 09-17-203-036-0000 9 OF 10 • THIS TAX NUMBER AFFECTS PART OF 2006 $828.99 PAID IN QUESTION AND OTHER PROPERTY. 2006 $6,487.44 PAID PARCEL IN QUESTION. PRT PARCEL 2006 $1,334:65 . PAID PARCEL IN QUESTION. PRT PARCEL PRT PARCEL 6 16 11 09-17-203-038-0000 10 OF 10 2006 $9,339.53 PAID THIS TAX NUMBER PART OF PARCEL IN QUESTION AND OTHER PROPERTY. PARCEL 15 & PRT OF 16 x U 9. MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING DATED AUGUST 29, 2007 AND. RECORDED SEPTEMBER 4. 2007 AS DOCUMENT NUMBER 0724733014 MADE BY LEXINGTON DES PLAINES I LLC, A DELAWARE LIMITED LIABILITY COMPANY TO COLE TAYLOR BANK IN THE AMOUNT OF $21,084.336.00 TO SECURE AN ACQUISITION AND DEVELOPMENT NOTE IN THE AMOUNT OF $16,084,336.00 AND A REVOLVING NOTE IN THE AMOUNT OF $5,000.000.00. V 10. ASSIGNMENT OF RENTS'AND LEASES RECORDED SEPTEMBER 4. 2007 AS DOCUMENT NO. 0724733015 MADE BY LEXINGTON DES PLAINES I LLC, A DELAWARE -LIMITED LIABILITY COMPANY TO COLE TAYLOR BANK. B 11. EASEMENT IN FAVOR OF NORTHERN ILLINOIS GAS COMPANY, AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT. NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY. TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT. AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 21291532, AFFECTING THE SHOWN IN EXHIBIT A OF THE LAND. C 12. COVENANTS IN DEED FROM CHICAGO AND N OLGA E. SIGWALT DATED JULY 29, 1968 AND RECORDED AUGUST 28; 1968 AS DOCUMENT 20598541 RESERVING RIGHT TO MAINTAIN, OPERATE, USE, RECONSTRUCT. REPLACE ANY AND ALL EXISTING CONDUITS. SEWERS, WATER MAINS, GAS LINES. -ELECTRIC POWER LINES,•.COMMUNICATION LINES, WIRES AND OTHER UTILITIES ON THE LAND. D 13. RESERVATION IN THE VACATION ORDINANCE RECORDED MAY 1. 1967 AS DOCUMENT 20124360 RESERVING THE RIGHT TO MAINTAIN, OPERATE, REPAIR AND REPLACE, BY ITSELF OR BY ANY LICENSEE OR HOLDER OF A FRANCHISE FROM THE CITY OR BY ANY PUBLIC UTILITIES COMPANY AS THE CASE MAY BE ANY POLES, WIRES, PIPES, CONDUITS, SEWER MAINS, WATER MAINS OR ANY OTHER FACILITY OR EQUIPMENT FOR THE MAINTENANCE OR OPERATION OF ANY UTILITY NOW LOCATED IN SAID ALLEY OR PORTION THEREOF VACATED BY THIS ORDINANCE (AFFECTS VACATED ALLEYS) DG2 COMUIC04 Hai DCC Attachment 1 PAGE B 2 OG2 09/12/07 09:15:30 Page 31 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO.: 1401 008392447 02 E 14. RIGHTS OF THE MUNICIPALITY, THE STATE OF ILLINOIS, THE PUBLIC AND ADJOINING OWNERS IN AND TO VACATED ALLEY. F 15. LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE, RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 0625734028 G 16. LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE RECORDED JULY 5, 2006 AS DOCUMENT 0618632063 (AFFECTS PARCELS 6, 9 AND 13) H 17. RIGHTS. IF ANY, OF PUBLIC AND QUASI -PUBLIC UTILITIES IN THE LAND AS DISCLOSED BY SURVEY N0. 070752 PREPARED BY TFW SURVEYING & MAPPING, INC. DATED FEBRUARY 14, 2007 AND LAST REVISED APRIL 30, 2007 DEPICTING OVERHEAD WIRES, TRANSFORMERS AND UTILITY POLES. R 18. ENCROACHMENT OF THE• CHAIN LINK FENCE LOCATED MAINLY ON THE LAND ONTO THE PROPERTY NORTHWESTERLY AND ADJOINING BY APPROXIMATELY 0.08 FEET TO 15.06 FEET AND ONTO THE PROPERTY WESTERLY AND ADJOING BY AN UNDISCLOSED AMOUNT , AS SHOWN ON PLAT OF SURVEY NUMBER 070752 PREPARED BY TFW SURVEYING & MAPPING. INC. DATED FEBRUARY 14, 2007 AND LAST REVISED APRIL 30, 3007. P 19. TERMS AND CONDITIONS OF THE MEMORANDUM OF PURCHASE AGREEMENT -HOME SALES DATED .AND RECORDED MAY 24, 2007 AS DOCUMENT NUMBER 0714402141 MADE BY AND BETWEEN RENAISSANCE.PLACE, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND REMINGTON PLACE OF DES PLAINES, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY. H 20. EXISTING UNRECORDED LEASES AND ALL RIGHTS THEREUNDER OF THE LESSEES AND OF ANY PERSON OR PARTY CLAIMING BY, THROUGH OR UNDER THE LESSEES. 1 21. WE SHOULD BE FURNISHED A STATEMENT THAT THERE IS NO PROPERTY MANAGER EMPLOYED TO MANAGE THE LAND, OR, IN THE ALTERNATIVE, A FINAL LIEN WAIVER FROM ANYSUCH PROPERTY MANAGER. S 22. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES. LABOR OR MATERIAL„ HERETOFORE OR. HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. R 23. WE SHOULD BE FURNISHED (A) CERTIFICATION FROM THE ILLINOIS SECRETARY OF STATE THAT LEXINGTON DES PLAINES I LLC HAS PROPERLY FILED ITS ARTICLES OF ORGANIZATION, (B) A COPY OF THE ARTICLES OF ORGANIZATION, TOGETHER WITH ANY AMENDMENTS THERETO, (C) A COPY OF THE OPERATING AGREEMENT. IF ANY, TOGETHER WITH ANY AMENDMENTS THERETO, (D) A LIST OF INCUMBENT MANAGERS OR OF INCUMBENT MEMBERS IF MANAGERS HAVE NOT BEEN APPOINTED, AND (E) CERTIFICATION THAT NO EVENT OF DISSOLUTION HAS OCCURRED. NOTE: IN THE EVENT OF A SALE OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE L.L.C. OR OF A SALE OF L.L.C. ASSETS TO A MEMBER OR MANAGER. WE SHOULD BE FURNISHED A COPY OF A RESOLUTION AUTHORIZING THE TRANSACTION ADOPTED BY THE MEMBERS OF SAID L.L.C. DG2 COADDCQG Iva DCC Attachment 1 PAGE B 3 OG2 09/12/07 09:15:30 Page 32 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT -FOR TITLE INSURANCE SCHEDULE B (CONTINUED) ORDER NO.: 1401 008392447 D2 24. MUNICIPAL REAL ESTATE TRANSFER TAX STAMPS (OR PROOF OF EXEMPTION) MUST ACCOMPANY ANY CONVEYANCE AND CERTAIN OTHER TRANSFERS OF PROPERTY LOCATED IN DES PLAINES. PLEASE CONTACT SAID MUNICIPALITY PRIOR TO CLOSING FOR ITS SPECIFIC REQUIREMENTS, WHICH MAY INCLUDE THE PAYMENT OF FEES, AN INSPECTION OR OTHER APPROVALS. J 25. INFORMATIONAL NOTE: TO SCHEDULE A RESIDENTIAL CLOSING IN OUR CHICAGO LOOP OFFICE, OR TO RECEIVE CLOSING FIGURES, PLEASE CALL OUR AUTOMATED INFORMATION LINE AT (312)223-2800. TO FAX FIGURES TO OUR CHICAGO LOOP OFFICE FOR RESIDENTIAL CLOSINGS, PLEASE DIAL (312)223-2815. TO SCHEDULE COMMERCIAL CLOSINGS IN DIVISION 1 OF OUR CHICAGO LOOP OFFICE PLEASE CALL (312)223-3065. TO SCHEDULE COMMERCIAL CLOSINGS IN DIVISION 2 OF OUR CHICAGO LOOP OFFICE PLEASE CALL (312)223-2707. TO FAX FIGURES FOR A RESIDENTIAL CLOSING IN THE CHICAGO COMMERCIAL CENTER PLEASE DIAL (312)223-5888 K 26. NOTE FOR INFORMATION (ENDORSEMENT REQUESTS): ALL ENDORSEMENT REQUESTS SHOULD BE MADE PRIOR TO CLOSING TO ALLOW AMPLE TIME FOR THE COMPANY TO EXAMINE REQUIRED DOCUMENTATION. (THIS NOTE WILL BE WAIVED FOR POLICY). ** END " DG2 COMUIC06 12106 OGG Attachment 1 PAGE B 4 DG2 09/12/07 09:15:30 Page 33 of 155 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO.: 1401 008392447 D2 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed. or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect. lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing. the Company shaU be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company Is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter. the Company at its option may amend Schedule B of this Conunitment accordingly. but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 or these Conditions 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured In the form of policy or polities committed for and only for actual loss insured in reliance hereon In undertaking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B. or (c) to acquire or create the estate or Interest or mortgage thereon covered by this CommitmenL In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies conunitted for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance polities and is not an abstract of title or a report of the condition of title. Any action or actions or rights erection that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by thls Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration dause. All arbitrable matters when the Amount of Insurance is 52,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. COMCONOG 1244DCG DG2 ' Attachment 1 DG2 09/12/07 09:15:30 Page 34 of 155 Fidelity National Financial Group of Companies' Privacy Statement July 1. 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information {"Personal Information"}, and to whom it is disclosed. will form the basis for relationship of trust between us and the public we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: From applications or other forms we receive from you or your authorized representative; From your transactions with, or from the services being performed by, us. our affiliates, or others; - From our Internet web sites; From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information • We maintain physical. electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may sbareyour Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: - to agents. brokers or representatives to provide you with services you have requested; to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission. when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also.may disclose your Personal Information when otherwise permitted by applicable privacy laws such as. for example. when disclosure is needed to enforce our rights arising out of any agreement. transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to fmd out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Multiple Products or Services If we provide you with more than one financial product or service. you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. PRIVACY O7/DI OCG Attachment 1 Page 35 of 155 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MELTZER, PURTILL & STELLELLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-5431 PINs: See Exhibit B IIIIhIIIIll 000#: 0827733128 Fee: $126.00 Eugene "Gene" Moore RHSP Fee:610.00 Cook County Recorder of Deeds Date: 10/03/2008 11:13 AM Pg: 1 of 46 1DER'S USE ONLY DECLARATION FOR LE XINGTON PARK TOWNHOMES TABLE OF CONTENTS ARTICLE ONE Definitions 09/15/08 1 1.01 ASSOCIATION 1 1.02 BOARD 2 1.03 BY-LAWS 2 1.04 CHARGES 2 1.05 COMMON AREA 2 1.06 COMMON ASSESSMENT 2 1.07 COMMON EXPENSES 2 1.08 COST SHARING AGREEMENT 2 1.09 COUNTY 2 1.10 DECLARANT 2 1.11 DECLARATION 2 1.12 DEVELOPMENT AREA 2 1.13 FIRST MORTGAGEE 3 1.14 HOME 3 1.15 HOME EXTERIOR 3 1.16 LOT 3 1.17 MUNICIPALITY 3 1.18 OWNER 3 1.19 PARCEL 3 1.20 PERSON 3 1.21 PREMISES 3 1.22 RECORD 3 1.23 RESIDENT 4 1.24 TURNOVER DATE 4 1.25 VOTING MEMBER 4 ARTICLE TWO Scope of Declaration/Certain Easements 4 2.01 PROPERTY SUBJECT TO DECLARATION 4 2.02 CONVEYANCES SUBJECT TO DECLARATION 2.03 DURATION 2.04 PARCEL CONVEYANCE {32562. 005. 00255459 DOC :1 1 ) Attachment 1 4 4 4 Page 36 of 155 2.05 ACCESS EASEMENT 4 2.06 RIGHT OF ENJOYMENT 5 2.07 DELEGATION OF USE 5 2.08 RULES AND REGULATIONS 5 2.09 UTILITY EASEMENTS 5 2.10 EASEMENTS, LEASES, LICENSES AND CONCESSIONS 5 2.11 ASSOCIATION'S ACCESS 6 2.12 NO DEDICATION TO PUBLIC USE 6 2.13 EASEMENT FOR ENCROACHMENT 6 2.14 OWNERSHIP OF COMMON AREA 6 2.15 LEASE OF HOME 7 2.16 REAL ESTATE TAXES FOR COMMON AREA 7 ARTICLE THREE Maintenance 7 3.01 IN GENERAL 7 3.02 MAINTENANCE BY THE ASSOCIATION 7 3.03 MAINTENANCE BY OWNER 8 3.04 CERTAIN UTILITY COSTS 9 3.05 DAMAGE BY RESIDENT 10 3.06 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO THE COMMON AREA 10 3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOMES AND HOME EXTERIORS 10 3.08 SPECIAL SERVICES 11 ARTICLE FOUR Insurance/Condemnation 11 4.01 HAZARD INSURANCE 11 4.02 INSURANCE TRUSTEE/USE OF PROCEEDS 12 4.03 OTHER INSURANCE 12 4.04 OWNER'S RESPONSIBILITY 13 4.05 WAIVER OF SUBROGATION 13 4.06 REPAIR OR RECONSTRUCTION 14 ARTICLE FIVE The Association 15 5.01 IN GENERAL 15 5.02 MEMBERSHIP 15 5.03 VOTING MEMBERS 15 5.04 BOARD 15 5.05 VOTING RIGHTS 16 5.06 DIRECTOR AND OFFICER LIABILITY 16 5.07 MANAGING AGENT 16 5.08 REPRESENTATION 16 5.09 DISSOLUTION 17 ARTICLE SIX Assessments 17 6.01 PURPOSE OF ASSESSMENTS 17 6.02 COMMON ASSESSMENT 17 6.03 PAYMENT OF COMMON ASSESSMENT 18 6.04 REVISED ASSESSMENT 18 6.05 SPECIAL ASSESSMENT 18 6.06 CAPITAL RESERVE 19 6.07 INITIAL CAPITAL CONTRIBUTION 19 6.08 PAYMENT OF ASSESSMENTS 20 ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation 20 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION 20 7.02 COLLECTION OF CHARGES 20 7.03 NON-PAYMENT OF CHARGES 20 (32562 005 00255459.DOC :11 ) Attachment 1 ii Page 37 of 155 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES 20 7.05 SELF-I-IELP BY BOARD 21 7.06 OTHER REMEDIES OF THE BOARD 21 7.07 COSTS AND EXPENSES 21 7.08 ENFORCEMENT BY OWNERS 21 ARTICLE EIGHT Use Restrictions 21 8.01 INDUSTRY/SIGNS 21 8.02 UNSIGHTLY USES 21 8.03 SATELLITE DISHES/ANTENNAE 22 8.04 RESIDENTIAL USE ONLY 22 8.05 PARKING 22 8.06 OBSTRUCTIONS 22 8.07 PETS 23 8.08 NO NUISANCE 23 8.09 STRUCTURAL IMPAIRMENT 23 8.10 WATERING 23 8.11 BALCONIES / GRILLS 23 8.12 USE AFFECTING INSURANCE 23 ARTICLE NINE Declarant's Reserved Rights and Special Provisions Covering Development Period 23 9.01 IN GENERAL 23 9.02 PROMOTION OF PROJECT 23 9.03 CONSTRUCTION ON PREMISES 24 9.04 GRANT OF EASEMENTS AND DEDICATIONS 24 9.05 DECLARANT CONTROL OF ASSOCIATION 24 9.06 OTHER RIGHTS 25 9.07 ASSIGNMENT BY DECLARANT 25 9.08 ARCHITECTURAL CONTROLS 25 ARTICLE TEN Amendments 25 10.01 SPECIAL AMENDMENTS 25 10.02 AMENDMENT 26 ARTICLE ELEVEN First Mortgagees Rights 26 11.01 NOTICE TO FIRST MORTGAGEES 26 11.02 CONSENT OF FIRST MORTGAGEES 27 11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS 28 ARTICLE TWELVE Annexing Additional Property 28 12.01 IN GENERAL 28 12.02 POWER TO AMEND 28 12.03 EFFECT OF SUPPLEMENTAL DECLARATION 28 ARTICLE THIRTEEN Party Walls 29 13.01 PARTY WALL 29 13.02 RIGHTS IN PARTY WALL 29 13.03 DAMAGE TO PARTY WALL 30 13.04 CHANGE IN PARTY WALL 30 13.05 ARBITRATION 30 ARTICLE FOURTEEN Approval of Litigation 31 14.01 IN GENERAL 31 14.02 EXEMPT PROCEEDINGS 32 14.03 INCURRING EXPENSES 32 (32562: 005: 00255459.DOC .1 1) Attachment 1 Page 38 of 155 ARTICLE FIFTEEN Right To Cure Alleged Defect 33 15.01 IN GENERAL 33 15.02 DEFECT DEFINED 33 15.03 NOTICE OF ALLEGED DEFECT 33 15.04 RIGHT TO ENTER, INSPECT, REPAIR AND/OR REPLACE 33 15.05 SCOPE OF WORK: INDEMNITY 33 15.06 NO ADDITIONAL OBLIGATIONS: IRREVOCABILITY AND WAIVER OF RIGHT 33 ARTICLE SIXTEEN Dispute Resolution 34 16.01 IN GENERAL 34 16.02 NEGOTIATION 34 16.03 MEDIATION 35 16.04 FINAL AND BINDING ARBITRATION 35 16.05 ENFORCEMENT OF RESOLUTION 37 ARTICLE SEVENTEEN Miscellaneous 37 17.01 NOTICE 37 17.02 CAPTIONS 37 17.03 SEVERABILITY 38 17.04 PERPETUITIES AND OTHER INVALIDITY 38 17.05 TITLE HOLDING LAND TRUST 38 17.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER WARRANTIES 38 {32562: 005 00255459 DOC 11) iv Attachment 1 Page 39 of 155 DECLARATION FOR LEXINGTON PARK TOWNHOMES This Declaration is made by Lexington Des Plaines I LLC, a Delaware limited liability company ("Declarant"). RECITALS The Development Area is legally described in Exhibit A hereto. Some or all of the Development Area shall be the subject of a phased development called Lexington Park Townhomes (the "Development"). The Development shall include dwelling units and other areas which will be maintained by the Association. Initially, the Declarant shall subject the real estate which is legally described in Exhibit B hereto to the provisions of this Declaration as the Premises. From time to time the Declarant may subject additional portions of the Development Area to the provisions of this Declaration as Added Premises, as more fully described in Article Twelve. All portions of the Premises not improved with a Home (including outlots owned by the Association and those portions of each Lot which are not improved with a Home), shall be designated as a Common Area hereunder. In order to provide for the orderly and proper administration and maintenance of the Premises, the Declarant has formed (or will form) the Association under the Illinois General Not -For -Profit Corporation Act. The Association shall have the responsibility for administering and maintaining the Common Area and certain portions of the Lots and Home Exteriors and shall set budgets and fix assessments to pay the expenses incurred in connection with such duties. Each Owner of a Parcel shall be a member of the Association and shall be responsible for paying assessments with respect to the Parcel owned by such Owner. During the construction and marketing of the Development, the Declarant shall retain certain rights set forth in this Declaration, which rights shall include, without limitation, the right, prior to the Turnover Date, to appoint all members of the Board, as more fully described in Article Nine and in the By -Laws, the right to come upon the Premises in connection with Declarant's efforts to sell Homes and other rights reserved in Article Nine. NOW, THEREFORE, the Declarant hereby declares as follows: ARTICLE ONE Definitions For the purpose of brevity and clarity, certain words and terms used in this Declaration are defined as follows: 1.01 ASSOCIATION: The Lexington Park Townhome Owners Association, an Illinois not-for-profit corporation, and its successors and assigns. 132562 005 00255459.DOC 11 ) Attachment 1 Page 40 of 155 • • e 1.02 BOARD: The board of directors of the Association, as constituted at any time or from time to time, in accordance with the applicable provisions of Article Five. 1.03 BY-LAWS: The By -Laws of the Association. 1.04 CHARGES: The Common Assessment, any special assessment levied by the Association and/or any other charges or payments which an Owner is required to pay or for which an Owner is liable under this Declaration or the By -Laws. 1.05 COMMON AREA: Those portions of the Premises which are designated as Common Area in Exhibit B hereto from time to time and all improvements thereto and landscaping thereon. The Common Area shall generally consist of all portions of the Premises located outside of the Homes and the Home Exteriors. 1.06 COMMON ASSESSMENT: The amounts which the Association shall assess and collect from the Owners to pay the Common Expenses and accumulate reserves for such expenses, as more fully described in Article Six. 1.07 COMMON EXPENSES: The expenses of administration (including management and professional services) of the Association; the expenses of the operation, maintenance, repair, replacement of landscaping and other improvements located on the Common Area; the expenses of the services furnished by the Association under Section 3.02, including, without limitations, the expenses of the maintenance, repair and replacement of Lots and Home Exteriors; premiums for insurance policies maintained by the Association hereunder; the cost of general and special real estate taxes, if any, levied or assessed against the Common Area (which is not part of a Parcel); and any expenses designated as Common Expenses hereunder. Notwithstanding the foregoing, Common Expenses shall not include any payments made out of Capital Reserves. 1.08 COST SHARING AGREEMENT: A cost sharing and cross easement agreement, if any, which is entered into between the Association and the owner of property, or the homeowners association or condominium association which administers property, which is served by improvements located on the Common Area. 1.09 COUNTY: Cook County, Illinois or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in the County as of the Recording of this Declaration. 1.10 DECLARANT: Lexington Des Plaines I LLC, a Delaware limited liability company, its successors and assigns. 1.11 DECLARATION: This instrument with all Exhibits hereto, as amended or supplemented from time to time. 1.12 DEVELOPMENT AREA: The real estate described in Exhibit A hereto with all improvements thereon and rights appurtenant thereto, as Exhibit A may be amended as provided in Section 10.01. Exhibit A is attached hereto for informational purposes only and no covenants, {32562 005. 00255459 DOC :11 ) 2 Attachment 1 Page 41 of 155 conditions, restrictions, easements, liens or changes shall attach to any part of the real estate described therein, except to the extent that portions thereof are described in Exhibit B and expressly made subject to the provisions of this Declaration as part of the Premises. 1.13 FIRST MORTGAGEE: The holder of a bona fide first mortgage, first trust deed or equivalent security interest covering a Parcel. 1.14 HOME: That portion of a Parcel which is improved with a dwelling unit. 1.15 HOME EXTERIOR: The roof, gutters, downspouts, foundation or slab, footings, sidewalks, steps, decks, roof decks, patios and outer surface of exterior walls of a Home. The Home Exterior shall not include windows, window frames, window glass, doors (including garage and storm doors) or screening which are part of a Home. 1.16 LOT: A subdivided lot which is designated in Exhibit B as a "Lot" and upon which is constructed a Home for which a certificate of occupancy has been issued by the Municipality. 1.17 MUNICIPALITY: The City of Des Plaines, an Illinois municipal corporation, or any political entity which may from time to time be empowered to perform the functions or exercise the powers vested in the Municipality as of the Recording of this Declaration. 1.18 OWNER: A Record owner, whether one or more persons, of fee simple title to a Parcel, including a contract seller, but excluding those having such interest merely as security for the performance of an obligation. The Declarant shall be deemed to be an Owner with respect to each Parcel owned by the Declarant. 1.19 PARCEL: Each Lot shall be improved with a building containing at least three (3) dwelling units. Each dwelling unit on a Lot shall share a perimeter wall with at least one (1) other dwelling unit. The shared walls are defined as "Party Walls" in Section 13.01 hereof. Each Lot shall be divided into at least three (3) tracts which shall be defined by the Party Walls, as extended to the lot line. Each such tract shall consist of a dwelling unit (including approximately one-half (1/2) of the Party Wall which divides the dwelling unit from adjacent dwelling units) landscapable areas, and portions of driveways and walkways. Each tract shall be legally described in the deed which conveys the tract to the first purchaser thereof from the Declarant and the tract so described, together with all improvements thereon, shall be a "Parcel" hereunder. 1.20 PERSON: A natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property. 1.21 PREMISES: Those portions of the Development Area which are legally described in Exhibit B hereto, with all improvements thereon and rights appurtenant thereto. Declarant shall have the right, but not the obligation, to make additional portions of the Development Area subject to this Declaration as part of the Premises as more fully provided in Article Twelve. 1.22 RECORD: To record in the office of the Recorder of Deeds for the County. {32562:005 00255459.DOC 11) 3 Attachment 1 Page 42 of 155 • • c- c 1.23 RESIDENT: An individual who resides in a Home. 1.24 TURNOVER DATE: The date on which the rights of the Declarant to designate the members of the Board are terminated under Section 9.05. 1.25 VOTING MEMBER: The individual who shall be entitled to vote in person or by proxy at meetings of the Owners, as more fully set forth in Article Five. ARTICLE TWO Scope of Declaration/Certain Easements 2.01 PROPERTY SUBJECT TO DECLARATION: Declarant, as the owner of fee simple title to the Premises, expressly intends to and by Recording this Declaration, does hereby subject the Premises to the provisions of this Declaration. Declarant shall have the right from time to time to subject additional portions of the Development Area to the provisions of this Declaration as Added Premises, as provided in Article Twelve hereof. Nothing in this Declaration shall be construed to obligate the Declarant to subject to this Declaration as Premises . any portion of the Development Area other than those portions which are described in Exhibit B hereto or which are added to Exhibit B by Supplemental Declarations Recorded by Declarant pursuant to Article Twelve. 2.02 CONVEYANCES SUBJECT TO DECLARATION: All easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits, and privileges which are granted, created, reserved or declared by this Declaration shall be deemed to be covenants appurtenant, running with the land and shall at all times inure to the benefit of and be binding on any Person having at any time any interest or estate in the premises, and their respective heirs, successors, personal representatives or assigns, regardless of whether the deed or other instrument which creates or conveys the interest makes reference to this Declaration. 2.03 DURATION: Except as otherwise specifically provided herein the covenants, conditions, restrictions, easements, reservations, liens, and charges, which are granted, created, reserved or declared by this Declaration shall be appurtenant to and shall run with and bind the land for a period of forty (40) years from the date of Recording of this Declaration and for successive periods of ten (10) years each unless revoked, changed or amended in whole or in part as provided in Section 10.02. 2.04 PARCEL CONVEYANCE: Once a Parcel has been conveyed by the Declarant to a bona fide purchaser for value, then any subsequent conveyance or transfer of ownership of the Parcel shall be of the entire Parcel and there shall be no conveyance or transfer of a portion of the Parcel without the prior written consent of the Board. 2.05 ACCESS EASEMENT: Each Owner of a Parcel shall have a non-exclusive perpetual easement for ingress to and egress from his Parcel to public streets and roads over and across the driveways and walkways located on the Common Area, which easement shall run with the land, be appurtenant to and pass with title to every Parcel. Any governmental authority {32562: 00500255459.DOC :1 I ) 4 Attachment 1 Page 43 of 155 which has jurisdiction over the Premises shall have a non-exclusive easement of access over roads and driveways located on the Common Area for police, fire, ambulance, waste removal, snow removal, or for the purpose of furnishing municipal or emergency services to the Premises. The Association, its employees, agents and contracts, shall have the right of ingress to, egress from, and parking on the Common Area, and the right to store equipment on the Common Area, for the purpose of furnishing any maintenance, repairs or replacements of the Common Area and Home Exteriors, as required or permitted hereunder. 2.06 RIGHT OF ENJOYMENT: Each Owner shall have the non-exclusive right and easement to use and enjoy the Common Area and the exclusive right to use and enjoy the Owner's Home, Home Exterior and any patio or deck constructed on the Owner's Parcel by the Declarant or as permitted under Section 3.07. Such rights and easements shall run with the land, be appurtenant to and pass with title to every Parcel, and shall be subject to and governed by the laws, ordinances and statutes of jurisdiction, the provisions of this Declaration, the By -Laws, and the reasonable rules and regulations from time to time adopted by the Association, including the right of the Association to come upon a Parcel to furnish services hereunder. 2.07 DELEGATION OF USE: Subject to the provisions of this Declaration, the By - Laws, and the reasonable rules and regulations from time to time adopted by the Association, any Owner may delegate his right to use and enjoy the Common Area to Residents of the Owner's Home. An Owner shall delegate such rights to tenants and contract purchasers of the Owner's Parcel who are Residents. 2.08 RULES AND REGULATIONS: The use and enjoyment of the Premises shall at all times be subject to reasonable rules and regulations duly adopted by the Association from time to time. 2.09 UTILITY EASEMENTS: The Municipality and all public and private utilities (including cable companies) serving the Premises are hereby granted the right to lay, construct, renew, operate, and maintain conduits, cables, pipes, wires, transformers, switching apparatus and other equipment, into and through the Common Area for the purpose of providing utility services to the Premises or any other portion of the Development Area. 2.10 EASEMENTS, LEASES, LICENSES AND CONCESSIONS: The Association shall have the right and authority from time to time to lease or grant easements, licenses, or concessions with regard to any portions or all of the Common Area for such uses and purposes as the Board deems to be in the best interests of the Owners and which are not prohibited hereunder, including, without limitation, the right to grant easements for utilities or any other purpose which the Board deems to be in the best interests of the Owners. Any and all proceeds from leases, easements, licenses or concessions with respect to the Common Area shall be used to pay the Common Expenses. Also, the Association shall have the right and power to dedicate any part or all of the roads or parking areas located on the Common Area to the Municipality or other governmental authority which has jurisdiction over the Common Area. Each person, by acceptance of a deed, mortgage, trust deed, other evidence of obligation, or other instrument relating to a Parcel, shall be deemed to grant a power coupled with an interest to the Board, as attorney-in-fact, to grant, cancel, alter or otherwise change the easements provided for in this (32562: 005: 00255459.DOC :11 ) Attachment 1 5 Page 44 of 155 Section. Any instrument executed pursuant to the power granted herein shall be executed by the President and attested to by the Secretary of the Association and duly Recorded. 2.11 ASSOCIATION'S ACCESS: The Association shall have the right and power to come onto any Parcel, Home, or Home Exterior for the purpose of furnishing the services required to be furnished hereunder or enforcing its rights and powers hereunder. 2.12 NO DEDICATION TO PUBLIC USE: Except for easements granted or dedications made as permitted in Section 2.10, nothing contained in this Declaration shall be construed or be deemed to constitute a dedication, express or implied, of any part of the Common Area to or for any public use or purpose whatsoever. 2.13 EASEMENT FOR ENCROACHMENT: In the event that by reason of the construction, repair, reconstruction, settlement or shifting of an improvement to a Parcel, any improvement which is intended to service and/or be part of the Parcel shall encroach upon any part of any other Parcel or upon the Common Area or any improvement to the Common Area shall encroach upon any part of a Parcel, then there shall be deemed to be an easement in favor of and appurtenant to such encroaching improvement for the continuance, maintenance, repair and replacement thereof; provided, however, that in no event shall an easement for any encroachment be created in favor of any Owner (other than Declarant), if such encroachment occurred due to the intentional, willful, or negligent conduct of such Owner or his agent. Without limiting the foregoing, the Owner of each Parcel shall have an easement appurtenant to his Parcel for the continuance, maintenance, repair and replacement of the following improvements, if any, which encroach onto another Parcel or the Common Area: (a) the eaves, gutters, downspouts, fascia, flashings, and like appendages which serve the Home or the Parcel; (b) the chimney which serves the Home on the Parcel; (c) the air conditioning equipment which serves the Home on the Parcel; or (d) balconies, steps, porches, decks, walkways, door entries and patios which serve the Home on the Parcel. The Person who is responsible for the maintenance of any encroaching improvement for which an easement for continuance, maintenance, repair and replacement thereof is granted under this Section shall continue to be responsible for the maintenance of such encroaching improvement and the Person who is responsible for the maintenance of the real estate upon which such improvement encroaches shall not have the duty to maintain, repair or replace any such encroaching improvement unless otherwise provided in this Declaration. 2.14 OWNERSHIP OF COMMON AREA: Those portions of the Common Area, if any, which are part of a Parcel shall be owned by the Owner of the Parcel. Those portions of the Common Area which are not part of a Parcel, shall be conveyed to the Association free of mortgages no later than ninety (90) days after such portion is made subject hereto. {32562: 005' 00255459 DOC 11) 6 Attachment 1 Page 45 of 155 • 2.15 LEASE OF HOME: Provided that the total number of Homes which are subject to leases does not exceed ten percent (10%) of the total number of Homes, an Owner shall have the right to lease all (and not less than all) of his Home subject to the following provisions: (a) No Home shall be leased for less than six (6) months or for hotel or transient purposes; and (b) Any lease shall be in writing and shall provide that such lease shall be subject to the terms of this Declaration and that any failure of the lessee to comply with the terms of this Declaration shall be a default under the lease. A lessee shall be bound by the provisions hereof regardless of whether the lease specifically refers to this Declaration. (c) Each Owner who leases his Home shall be required to furnish the Association with a copy of the lease and shall promptly notify the Association of any change in status of the lease. The Association shall maintain a record of such information with respect to all leased Homes. (d) The provisions of this Section 2.15 shall not apply to a Home which is subject to a first mortgage which is insured by FHA or guaranteed by the VA, or a Home which is owned by FHA VA or a lender who becomes the Owner of the Home as a result of a foreclosure or a deed in lieu of foreclosure. 2.16 REAL ESTATE TAXES FOR COMMON AREA: If a tax bill is issued with respect to Common Area (which is not part of a Parcel) which is made subject to this Declaration in the middle of a tax year (regardless of when it is conveyed to the Association), then the tax bill shall be prorated so that the Declarant shall be responsible for the payment of that portion of the tax bill from January 1st of the tax year to the date that such Common Area is made subject to this Declaration, and the Association shall be responsible for the balance of the tax bill for such year, and any tax bills for subsequent years. ARTICLE THREE Maintenance 3.01 IN GENERAL: The restrictions and limitations contained in this Article shall be subject to the rights of the Declarant set forth in Article Nine. 3.02 MAINTENANCE BY THE ASSOCIATION: (a) The Association shall furnish the following and the cost thereof shall be Common Expenses: (i) Maintenance (including street cleaning and snow removal from the Common Area), repair and replacement of the private driveways and walkways located on the Premises; 132562: 005: 00255459 DOC .I1 ) 7 Attachment 1 Page 46 of 155 (ii) Maintenance, repair and replacement of improvements located on the Common Area; (iii) Subject to the provisions of Section 3.06 and 3.07, grass cutting and maintenance of grass and landscaping located on the Premises; however, the watering of grass, shrubs, trees and other foliage on the Premises shall be furnished by the Owners and/or Residents pursuant to rules, regulations and procedures adopted from time to time by the Board; (iv) Maintenance, repair and replacement of detention and stormwater management areas, including, without limitation, water treatment and monitoring of natural plant materials; (v) Maintenance of the water and sanitary sewer lines from each Home Exterior to the point where such lines connect into the water and sewer mains owned and operated by the Municipality; and (vi) Maintenance, repair and replacement of all landscaping, including, but not limited to, grass mowing, along all rights of way located on the Premises, including, but not limited to Laurel Avenue, Evergreen Avenue, Harding Avenue and Western Avenue, as required by City of Des Plaines Ordinance Z-19-05, as amended from time to time. (b) The Association shall furnish all maintenance (including periodic painting), repairs and replacements to Home Exteriors, excluding, however, exterior window washing which shall be the responsibility of the Owner of each Home, and the cost thereof shall be Common Expenses. (c) The Association shall maintain the grass, shrubs, trees, and flowers, if any, installed by the Declarant on the Common Area ("Initial Plantings") in accordance with generally accepted landscape maintenance standards, including mowing, trimming, fertilization, pruning, re -mulching, applications of insect and disease control, as needed, and any other maintenance which will promote the health of the Initial Plantings. If the Association fails to maintain the Initial Plantings in accordance with generally acceptable landscape maintenance standards and Initial Plantings die or decline as a result of this failure, then, the Association shall be responsible for the replacement of the declining or dead Initial Plantings, including, but not limited to replacements required by the Municipality in connection with the Municipality's acceptance of the Initial Plantings. All expenses incurred under this subsection shall be Common Expenses. 3.03 MAINTENANCE BY OWNER: (a) Except as otherwise specifically provided for in this Declaration, each Owner shall be responsible for the maintenance, repair and replacement of his Home. (b) The maintenance (other than periodic exterior painting), repairs and replacements of windows, window frames, window glass, doors (including garage and storm doors) and screening on a Home shall be the responsibility of the Owner of the Home; however, at the {32562: 005: 00255459.DOC :11 ) g Attachment 1 Page 47 of 155 • option of the Board, such work shall be furnished by the Association and the cost thereof charged to the Owner of the Home with respect to which the work is done based on actual cost, as determined by the Board in its reasonable judgment. (c) If, in the judgment of the Board, an Owner fails to maintain those portions of the Owner's Home which the Owner is responsible for maintaining hereunder in good condition and repair or the appearance of such portions is not of the quality of that of other Homes in the Development or in compliance with rules and regulations adopted by the Board from time to time, then the Board may, in its discretion, take the following action: (i) advise the Owner of the work which must be done and allow the Owner at least twenty (20) days (or less in the case of an emergency) to cause the work to be done; and (ii) if the work is not done to the satisfaction of the Board, in its sole judgment, then the Board may seek injunctive relief, levy a fine and/or cause such work to be done and the cost thereof shall be a Charge payable by the Owner to the Association upon demand. (d) Repairs and replacements which are required due to occurrences which are normally covered by insurance required to be obtained by the Association under Section 4.01 shall be made as provided in Section 4.06. 3.04 CERTAIN UTILITY COSTS: Certain utility costs incurred in connection with the use, operation and maintenance of the Common Area and Home Exteriors may not be separately metered and billed to the Association. Without limiting the foregoing, the Association shall have the right to use water from taps or spigots which may be located on a Parcel for the purpose of watering landscaping on the Common Areas. If the cost for such water or other utilities is metered and charged to individual Homes rather than being separately metered and charged to the Association, then the following shall apply: (a) If in the opinion of the Board, each Owner is sharing in a fair and equitable manner the cost for such service, then no adjustment shall be made and each Owner shall pay his own bill; or (b) If in the opinion of the Board, the Owner of a Home is being charged disproportionately for costs allocable to the Common Area and Home Exteriors, then the Association shall pay, or reimburse such Owner, an amount equal to the portion of the costs which in the reasonable determination of the Board is properly allocable to the Common Area and Home Exteriors and the amount thereof shall be Common Expenses hereunder. (c) Notwithstanding the foregoing, the provisions of this subsection (c) shall apply to the water bills for each Home whose outdoor spigot is used by the Association for the purpose of watering landscaping on the Common Areas ("Water Use Home"). The Association shall pay the monthly water bill for each Water Use Home. Each year, {32562: 005. 00255459 DOC .1 I ) 9 Attachment 1 Page 48 of 155 the Association shall determine the "Average Winter Monthly Water Bill" for each Water Use Home, which shall be equal to 116th of the total of the monthly water bills, for the Water Use Home for the six month period from November of the preceding calendar year through April of the current year; provided, that until the Average Winter Monthly Water Bill is first calculated and determined, the Association shall use as the Average Winter Monthly Water Bill an amount equal to the estimate of what such monthly bill should be, as furnished to the Association by the Municipality. The Association shall charge the Owner of each Water Use Home each month an amount equal to the Average Winter Monthly Water Bill until the next Average Winter Monthly Water Bill is determined as provided above, which amount shall be payable by such Owner as a charge hereunder. Any determinations or allocations made hereunder by the Board shall be final and binding on all parties. 3.05 DAMAGE BY RESIDENT: If, due to the act or omission of a Resident of a Home, or of a household pet or guest or other authorized occupant or invitee of the Owner of a Parcel, damage shall be caused to the Common Area or a Home Exterior and maintenance, repairs or replacements shall be required thereby, which would otherwise be a Common Expense, then the Owner of the Parcel shall pay for such damage and such maintenance, repairs and replacements, as may be determined by the Board, to the extent not covered by insurance carried by the Association or an Owner. 3.06 ALTERATIONS. ADDITIONS OR IMPROVEMENTS TO THE COMMON AREA: (a) No alterations, additions or improvements shall be made to the Common Area without the prior approval of the Board; and (b) The Association may cause alterations, additions or improvements to be made to the Common Area, and the cost thereof shall be paid from a special assessment, as more fully described in Section 6.05. (c) If the Association shall alter, in any way, landscaping which was installed by the Declarant on the Common Area in accordance with plans approved by the Municipality, and if the Municipality requires that the altered area be returned to its original state, then the Association shall be responsible for restoring the altered area in accordance with the plans approved by the Municipality and the cost thereof shall be a Common Expense. 3.07 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO HOMES AND HOME EXTERIORS: No additions, alterations or improvements shall be made to any Home Exterior or any part of the Home which is visible from outside the Home by an Owner without the prior written consent of the Board and, until the Declarant no longer holds title to any portion of the Development Area, the Declarant. The Board may (but shall not be required to) condition its consent to the making of an addition, alteration or improvement to a Home Exterior or Home which requires the consent of the Board upon the Owner's agreement either (i) to be solely responsible for the maintenance of such addition, alteration or improvement, subject to such (32562: 005: 00255459.DOC 11) 10 Attachment 1 Page 49 of 155 • standards as the Board may from time to time set, or (ii) if the addition, alteration or improvement is required to be maintained hereunder by the Association as part of the Common Expenses, to pay to the Association from time to time the additional cost of maintenance as a result of the addition, alteration or improvement. If an addition, alteration or improvement which requires consent of the Board and/or Declarant hereunder is made to a Home Exterior or Home by an Owner without the prior written consent of the Board or Declarant, or both, as applicable, then (i) the Board may, in its discretion, take any of the following actions; and (ii) until such time as the Declarant no longer owns or controls title to any portion of the Development Area, the Declarant may, in its discretion take any of the following actions: (a) Require the Owner to remove the addition, alteration or improvement and restore the Home Exterior to its original condition, all at the Owner's expense; or (b) If the Owner refuses or fails to properly perform the work required under (a), the Board may cause such work to be done and may charge the Owner for the cost thereof as determined by the Board or the Declarant, as applicable; or (c) Ratify the action taken by the Owner, and the Board may (but shall not be required to) condition such ratification upon the same conditions which it may impose upon the giving of its prior consent under this Section. 3.08 SPECIAL SERVICES : The Board may furnish to an Owner or Owners special services relating to the use and occupancy of a Parcel or Parcels and may charge the cost of providing such services to the Owner or Owners who benefit from the service. Without limiting the foregoing, the Association may contract with a provider of a special service, such as satellite TV service, cable TV service, Internet access or other similar service, either make such service available to all Parcels or offer such service to each of the Owners on a voluntary basis. The Board may charge the Owner of each Parcel which receives any such service for the reasonable cost of providing such service, which may be allocated in equal shares for each of the Parcels which is served or on such other reasonable basis as the Board may deem appropriate. Any amount charged to an Owner for services furnished pursuant to this Section shall be due and payable at such time or times as designated by the Board and failure to pay any such amount shall give rise to a lien provided for in Section 6.01. ARTICLE FOUR Insurance/Condemnation 4.01 HAZARD INSURANCE: The Board shall have the authority to and shall obtain insurance for the Premises and all improvements thereto against loss or damage by fire and such other hazards as may be required under applicable requirements of Fannie Mae from time to time, as the Board may deem desirable, or as reasonably required by First Mortgagees, for the full insurable replacement cost of the Homes, including fixtures located within the unfinished interior surfaces of the perimeter walls, floors and ceilings of the Homes; provided, that, unless specifically obtained by the Board, the insurance coverage shall not be required to include any "Improvements and Betterments" to a Home. For purposes hereof, Improvements and Betterments shall include all decorating, fixtures and furnishings installed or added to and {32562: 005. 00255459.DOC :1 1) ] 1 Attachment 1 Page 50 of 155 • located within the boundaries of the Home, including without limitation, electrical fixtures, appliances, air conditioning and heating equipment, water heaters, built in cabinets, floor coverings, including, but not limited to, carpeting, wood and vinyl flooring, wall coverings and ceiling coverings, including, but not limited to, paint and paneling. Premiums for such insurance shall be Common Expenses. Such insurance coverage shall be written in the name of, losses under such policies shall be adjusted by, and the proceeds of such insurance shall be payable to, the Board as trustee for each of the Owners. All such policies of insurance (i) shall contain standard mortgage clause endorsements in favor of the First Mortgagees as their respective interests may appear, (ii) shall provide that the insurance, as to the interests of the Board, shall not be invalidated by any act or neglect of any Owner, (iii) to the extent possible, shall provide that such policy shall not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days' written notice to the First Mortgagee of each Parcel, and (iv) shall contain waivers of subrogation with respect to the Association and its directors, officers, employees and agents (including the managing agent), Owners, occupants of the Home, First Mortgagees, the Declarant and shall name all such parties as additional insured parties as their interests may appear. 4.02 INSURANCE TRUSTEE/USE OF PROCEEDS: The Board may engage the services of any bank or trust company authorized to do trust business in Illinois to act as trustee, agent or depository on behalf of the Board for the purpose of receiving and disbursing the insurance proceeds resulting from any loss, upon such terms as the Board shall determine consistent with the provisions of this Declaration. The fees of such corporate trustee shall be Common Expenses. In the event of any loss in excess of $100,000.00 in the aggregate, the Board shall engage a corporate trustee as aforesaid. In the event of any loss resulting in the destruction of the major portion of one or more Homes, the Board shall engage a corporate trustee as aforesaid upon the written demand of the First Mortgagee or any Owner of any Home so destroyed. The rights of First Mortgagees under any standard mortgage clause endorsement to such policies shall, notwithstanding anything to the contrary therein contained, at all times be subject to the provisions of this Declaration with respect to the application of insurance proceeds to the repair or reconstruction of the Homes. Payment by an insurance company to the Board or to such corporate trustee of the proceeds of any policy, and the receipt of a release from the Board of the company's liability under such policy, shall constitute a full discharge of such insurance company, and such company shall be under no obligation to inquire into the terms of any trust under which proceeds may be held pursuant hereto, or to take notice of any standard mortgage clause endorsement inconsistent with the provisions hereof, or see to the application of any payments of the proceeds of any policy by the Board or the corporate trustee. 4.03 OTHER INSURANCE: The Board shall also have the authority to and shall obtain the following insurance: (a) Comprehensive public liability and property damage insurance against claims for personal injury or death or property damage suffered by the public or by any Owner occurring in, on or about the Premises or upon, in or about the streets, private drives and passageways and other areas adjoining the Premises, in such amounts as the Board shall deem desirable (but not less than $1,000,000 covering all claims for personal injury and/or property damage arising out of a single occurrence). (32562 005: 00255459.DOC •11 ) 12 Attachment 1 Page 51 of 155 (b) Such workers compensation insurance as may be necessary to comply with applicable laws. (c) Employer's liability insurance in such amount as the Board shall deem desirable. (d) Fidelity bond indemnifying the Association, the Board and the Owners for loss of funds resulting from fraudulent or dishonest acts of any employee of the Association or of any other person handling the funds of the Association, the Board or the Owners in such amount as the Board shall deem desirable and as required applicable regulations of Fannie Mae. (e) Directors and officers liability insurance. (1) Such other insurance in such reasonable amounts as is required under applicable regulations of the Federal National Mortgage Association or the Board shall deem desirable. Such insurance coverage shall include cross liability claims of one or more insured parties against other insured parties. To the extent possible, all of such policies shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days' prior written notice to the Association and First Mortgagees who specifically request such notice. The premiums for such insurance shall be Common Expenses. 4.04 OWNER'S RESPONSIBILITY: Unless expressly advised to the contrary by the Board, each Owner shall obtain his own insurance on the Improvements and Betterments within the Owner's Home (as defined in Section 4.01), and the contents of the Owner's Home and furnishings and personal property therein, and the Owner's personal liability to the extent not covered by the liability insurance for all of the Owners obtained as part of the Common Expenses as above provided, and the Board shall have no obligation whatsoever to obtain any such insurance coverage on behalf of the Owners. Except as expressly determined by the Board, the Board shall not be responsible for obtaining insurance on Improvements and Betterments and shall not be obligated to apply any insurance proceeds from policies it is obligated to maintain hereunder to restore the affected Home to a condition better than the condition existing prior to the making or installation of the Improvements and Betterments. 4.05 WAIVER OF SUBROGATION: The Association and each Owner hereby waive and release any and all claims which it or he may have against any other Owner, the Association, its directors and officers, the Declarant, the manager and the managing agent if any, and their respective employees and agents, for damage to the Home or to any personal property located in a Home caused by fire or other casualty, to the extent that such damage is covered by fire or other form of casualty insurance, and to the extent this release is allowed by policies for such fire or other casualty insurance. {32562" 005: 00255459 DOC •l I } 13 Attachment 1 Page 52 of 155 4.06 REPAIR OR RECONSTRUCTION: (a) In the case of damage by fire or other disaster to any Home (a "Damaged Improvement") where the insurance proceeds are sufficient to repair or reconstruct the Damaged Improvement, then the proceeds shall be used by the Association to repair or reconstruct the Damaged Improvement. (b) In the case of damage by fire or other disaster to any Home or building which contains Homes where the insurance proceeds are insufficient to repair or reconstruct the Damaged Improvement or the Damaged Improvement cannot be reconstructed as originally designed and built because of zoning, building or other applicable laws, ordinances or regulations, the following procedure shall be followed: (1) A meeting of the Owners shall be held not later than the first to occur of (i) the expiration of thirty (30) days after the final adjustment of the insurance claims or (ii) the expiration of ninety (90) days after the occurrence which caused the damage. (2) At the meeting, the Board shall present a plan for the repair or reconstruction of the Damaged Improvement and an estimate of the cost of repair or reconstruction, together with an estimate of the amount thereof which must be raised by way of special assessment and a proposed schedule for the collection of a special assessment to pay the excess cost. (3) A vote shall then be taken on the question of whether or not the Damaged Improvement shall be repaired or reconstructed based on the information provided by the Board under (2) above, including the proposed special assessment. The Damaged Improvement shall be repaired or reconstructed and the proposed special assessment shall be levied only upon the affirmative vote of Voting Members representing at least three- fourths (3/4) of the votes cast. (4) If the Voting Members do not vote to repair or reconstruct the Damaged Improvement at the meeting provided for in (1) above, then the Board may, at its discretion, call another meeting or meetings of the Owners to reconsider the question of whether or not the Damaged Improvement shall be repaired or reconstructed. (5) If the Voting Members do not vote to repair or reconstruct the Damaged Improvement under subsection (4) above, then the Board may, with the consent of Owners representing 75% of the Homes in the damaged building and First Mortgagees representing 75% of the Homes (by number) subject to Mortgages in the building, amend this Declaration to withdraw the building which includes the Damaged Improvement from the terms hereof (except as provided below). The payment of just compensation, or the allocation of any insurance or other proceeds to any withdrawing or remaining Owner shall be made to such Owner and his First Mortgagee, as their interests may appear, on an equitable basis, determined by the Board. From and after the effective date of the amendment referred to above in this paragraph, the Owner of a Home located in the Building which is withdrawn shall have no responsibility for the payment of assessments (32562: 005: 00255459.DOC 11 ) Attachment 1 14 Page 53 of 155 which would have been payable with respect to the Parcel if the amendment had not been Recorded; provided, that, the Parcel shall continue to be subject to the provisions of Section 3.07 hereof and upon issuance of an occupancy permit for a residential unit constructed on a Parcel removed from the terms hereof as provided above, the Parcel shall thereupon be subject to the terms hereof. (c) If the Damaged Improvement is repaired or reconstructed, it shall be done in a workmanlike manner and the Damaged Improvement, as repaired or reconstructed, shall be substantially similar in design and construction to the improvements on the Premises as they existed prior to the damage, with any variations or modifications required to comply with applicable law. (d) If the Damaged Improvement is not repaired or reconstructed, then the damaged portion of the building shall be razed, or secured and otherwise maintained in conformance with the rules or standards adopted from time to time by the Board. Any reconstruction of the building shall be subject to the provisions of Section 3.07. ARTICLE FIVE The Association 5.01 IN GENERAL: Declarant has caused or shall cause the Association to be incorporated as a not-for-profit corporation under the laws of the State of Illinois. The Association shall be the governing body for all of the Owners for the administration and operation of the Common Area and for the maintenance repair and replacement of the Common Area and certain portions of the Home Exteriors as provided herein. 5.02 MEMBERSHIP: Each Owner shall be a member of the Association. There shall be one membership per Parcel. Membership shall be appurtenant to and may not be separated from ownership of a Parcel. Ownership of a Parcel shall be the sole qualification for membership. The Association shall be given written notice of the change of ownership of a Parcel within ten (10) days after such change. 5.03 VOTING MEMBERS: Subject to the provisions of Section 9.05, voting rights of the members of the Association shall be vested exclusively in the Voting Members. One individual shall be designated as the "Voting Member" for each Parcel. The Voting Member or his proxy shall be the individual who shall be entitled to vote at meetings of the Owners. If the Record ownership of a Parcel shall be in more than one person, or if an Owner is a trustee, corporation, partnership or other legal entity, then the Voting Member for the Parcel shall be designated by such Owner or Owners in writing to the Board and if in the case of multiple individual Owners no designation is given, then the Board at its election may recognize an individual Owner of the Parcel as the Voting Member for such Parcel. 5.04 BOARD: Subject to the rights retained by the Declarant under Section 9.05, the Board shall consist of that number of members provided for in the By -Laws, each of whom shall be an Owner or Voting Member. {32562: 005' 00255459 DOC '11 } 15 Attachment 1 Page 54 of 155 • 5.05 VOTING RIGHTS: Prior to the Turnover Date, all of the voting rights at each meeting of the Association shall vested exclusively in the Declarant and the Owners shall have no voting rights. From and after the Turnover Date, all of the voting rights at any meeting of the Association shall be vested in the Voting Members and each Voting Member shall have one vote for each Parcel which the Voting Member represents. From and after the Turnover Date any action may be taken by the Voting Members at any meeting at which a quorum is present (as provided in the By -Laws) upon an affirmative vote of a majority by the Voting Members present at such meeting, except as otherwise provided herein or in the By -Laws. 5.06 DIRECTOR AND OFFICER LIABILITY: Neither the directors nor the officers of the Association shall be personally liable to the Association or the Owners for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such directors and officers except for any acts or omissions found by a court to constitute criminal conduct, gross negligence or fraud. The Association shall indemnify and hold harmless the Declarant and each of the directors and officers, and his heirs, executors or administrators, against all contractual and other liabilities to the Association, the Owners or others arising out of contracts made by or other acts of the directors and officers on behalf of the Owners or the Association or arising out of their status as directors or officers unless any such contract or act shall have been made criminally, fraudulently or with gross negligence. It is intended that the foregoing indemnification shall include indemnification against all costs and expenses (including, but not limited to, counsel fees, amounts of judgments paid and amounts paid in settlement) actually and reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative, or other in which any such director may be involved by virtue of such person being or having been such director or officer; provided, however, that such indemnity shall not be operative with respect to (i) any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or officer, or (ii) any matter settled or compromised, unless, in the opinion of independent counsel selected by or in a manner determined by the Board, there is not reasonable ground for such person being adjudged liable for criminal conduct, gross negligence or fraud in the performance of his duties as such director or officer. 5.07 MANAGING AGENT: The Declarant (or an entity affiliated with the Declarant) may be engaged by the Association to act as the managing agent for the Association and as managing agent shall be paid a reasonable fee for its services as fixed by a written agreement between the Association and the Declarant (or an entity controlled by the Declarant). Any management agreement entered into by the Association prior to the Turnover Date shall have a term of not more than two years and shall be terminable by the Association without payment of a termination fee on ninety (90) days written notice. 5.08 REPRESENTATION: The Association shall have the power and right to represent the interests of all of the Owners in connection with claims and disputes affecting the Common Area and Home Exteriors. Without limiting the foregoing, the Association shall have the power after the Turnover Date to settle warranty disputes or other disputes between the Association, the Owners, and the Declarant affecting the construction, use or enjoyment of the Common Area and Home Exteriors and any such settlement shall be final and shall bind all of the Owners. {32562: 005: 00255459_ DOC 11 } 16 Attachment 1 Page 55 of 155 5.09 DISSOLUTION: To the extent permissible under applicable law, in the event of the dissolution of the Association, any Common Area owned by the Association shall be conveyed to the Owners as tenants in common. ARTICLE SIX Assessments 6.01 PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be exclusively to administer the affairs of the Association, to pay the Common Expenses, and to accumulate reserves for any such expenses. 6.02 COMMON ASSESSMENT: Each year on or before December 1, the Board shall adopt and furnish each Owner with a budget for the ensuing calendar year, which shall show the following with reasonable explanations and itemizations: (a) The estimated Common Expenses; (b) The estimated amount, if any, to maintain adequate reserves for Common Expenses including, without limitation, amounts to maintain the Capital Reserve; (c) The estimated net available cash receipts from the operation and use of the Common Area, plus the estimated excess funds, if any, from the current year's assessments, plus amounts received pursuant to a Cost Sharing Agreement, if any; (d) The amount of the "Common Assessment" payable by the Owners, which is hereby defined as the amount determined in (a) above, plus the amount determined in (b) above, minus the amount determined in (c) above; (e) That portion of the Common Assessment which shall be payable by the Owner of each Parcel which is subject to assessment hereunder each month until the next Common Assessment or revised Common Assessment becomes effective, which monthly amount shall be equal to the Common Assessment, divided by the number of Parcels, divided by twelve (12), so that each Owner shall pay equal Common Assessments for each Parcel owned. Anything herein to the contrary notwithstanding the provisions of this paragraph shall apply with respect to the period prior to the Turnover Date. Any budget ("Stabilized Budget") prepared by the Board prior to the Turnover Date shall be based on the assumptions that (i) the Development has been fully constructed as shown on Declarants then current plan for the Development ("Declarant's Development Plan") and (ii) all proposed Homes have been sold and are occupied. The Declarant's Development Plan shall be kept on file with the Association and may be modified from time to time by Declarant. Prior to the Turnover Date, each owner of a Parcel (other than Declarant) shall pay a Common Assessment equal to the total cash needs, as shown on the Stabilized Budget, divided by the total number of proposed Homes, as shown on the Declarant's Development Plan, divided by 12, so that each Owner (other than Declarant) will (32562: 005: 00255459.DOC 11) 17 Attachment 1 Page 56 of 155 pay, with respect to each Parcel owned, a monthly Common Assessment equal to what such Owner would be paying with respect to the Owner's Parcel if the Development were fully constructed pursuant to the Declarant's Development Plan and all proposed Homes have been built and are occupied. The Declarant shall not be obligated to pay any Common Assessments to the Association prior to the Turnover Date. However, if with respect to the period commencing on the date of the Recording of this Declaration and ending on the Turnover Date, the amount of Common Assessments and working capital contributions under Section 6.07 payable by Owners (other than Declarant) less the portions thereof which are to be added to Reserves is less than the Common Expenses actually incurred with respect to such period, then the Declarant shall pay the difference to the Association. From time to time prior to the Turnover Date, the Declarant may (but shall not be obligated to) advance to the Association funds to be used by the Association to pay its expenses ("Advanced Funds"). A final accounting and settlement of the amount, if any, owed by Declarant to the Association shall be made as soon as practicable after the Turnover Date. If, and to the extent that, the final accounting determines that the Advanced Funds, if any, are less than the amount owed by the Declarant to the Association pursuant to this Section, the Declarant shall pay the difference to the Association. If, and to the extent that, the fmal accounting determines that the Advanced Funds, if any, exceed the amount owed by the Declarant to the Association pursuant to this Section, then the Association shall pay such excess to the Declarant. 6.03 PAYMENT OF COMMON ASSESSMENT: On or before the 1st day of January of the ensuing calendar year, and on the first day of each month thereafter until the effective date of the next annual or revised Common Assessment, each Owner of a Parcel which is subject to assessment shall pay to the Association, or as the Board may direct, that portion of the Common Assessment which is payable by each Owner of a Parcel under Section 6.02. For purposes hereof, a Parcel shall only be subject to assessment hereunder from and after such time as a temporary, conditional or permanent occupancy certificate has been issued with respect to the Home constructed thereon. 6.04 REVISED ASSESSMENT: If the Common Assessment proves inadequate for any reason (including nonpayment of any Owner's assessment) or proves to exceed funds reasonably needed, then the Board may increase or decrease the assessment payable under Section 6.02(e) by giving written notice thereof (together with a revised budget and explanation for the adjustment) to each Owner not less than ten (10) days prior to the effective date of the revised assessment. 6.05 SPECIAL ASSESSMENT: After the Turnover Date, the Board may levy a special assessment as provided in this Section (i) to pay (or build up reserves to pay) expenses other than Common Expenses incurred (or to be incurred) by the Association from time to time for a specific purpose including, without limitation, to make alterations, additions or improvements to the Common Area, or any other property owned or maintained by the Association; or (ii) to cover an unanticipated deficit under the prior year's budget. Any special assessment shall be levied against all of Parcels which are subject to in equal shares for each such Parcel. No special assessment shall be adopted without the affirmative vote of Voting Members representing at least two-thirds (2/3) of the votes cast on the question. The Board shall serve notice of a special assessment on all Owners by a statement in writing giving the specific purpose and reasons { 32562' 005 00255459 DOC : I I ) 18 Attachment 1 Page 57 of 155 • therefor in reasonable detail, and the special assessment shall be payable in such manner and on such terms as shall be fixed by the Board. Any assessments collected pursuant to this Section (other than those to cover an unanticipated deficit under the prior year's budget) shall be segregated in a special account and used only for the specific purpose set forth in the notice of assessment. 6.06 CAPITAL RESERVE: The Association shall segregate and maintain a special reserve account to be used solely for making capital expenditures in connection with the Common Area and those portions of the Home Exteriors with respect to which the Association is responsible for repair and replacement (the "Capital Reserve"). The Board shall determine the appropriate level of the Capital Reserve based on a periodic review of the useful life of improvements to the Common Area, the portions of the Home Exteriors for which the Association is responsible and other property owned by the Association and periodic projections of the cost of anticipated major repairs or replacements to the Common Area, the portions of the Home Exteriors for which the Association is responsible and the purchase of other property to be used by the Association in connection with its duties hereunder. The Capital Reserve may be built up by separate or special assessments or out of the Common Assessment as provided in the budget. Special accounts set up for portions of the Capital Reserve to be used to make capital expenditures with respect to the Common Areas, Home Exteriors and other property owned by the Association, shall be held by the Association as agent and trustee for the Owners of Homes with respect to which the Capital Reserve is held and such accounts shall be deemed to have been funded by capital contributions to the Association by the Owners. The budgets which will be adopted from time to time by the Board prior to the Turnoyer Date shall include reserve buildups which the Board deems to be appropriate based on information available to the Board. Boards elected by the Owners after the Turnover Date may use different approaches from those used by Boards appointed by the Declarant for the buildup of reserves or may choose not to provide for the buildup of reserves for certain capital expenditures or deferred maintenance for repairs or replacements of the Common Areas, Home Exteriors and other property owned by the Association. If the Board chooses not to provide for the buildup of reserves for a particular anticipated expenditure or if the buildup of reserves that the Board does provide for in its budgets does not result in sufficient funds to pay for the expenditure when the expenditure must be made, then (i) neither the Board nor any of its past or present members shall be liable to the Association or the Owners for failing to provide for sufficient reserves and (ii) the Board shall have the right and power to either levy a separate or special assessment to raise the funds to pay the expenditure or to borrow funds to pay the expenditure and repay the borrowed funds out of future Common Assessments, separate assessments or special assessments. 6.07 INITIAL CAPITAL CONTRIBUTION: Upon the closing of the sale of each Home by the Declarant to a purchaser for value, the purchasing Owner shall make a capital contribution to the Association in an amount equal to three (3) monthly installments of the then current Common Assessment for that Home and an amount equal to the current annual fire and extended coverage insurance premium allocable to the Home, which amounts shall be held and used by the Association for its working capital needs (and not as an advance payment of the Common Assessment). In addition, the purchasing Owner shall pay to the Association the sum of One Hundred Dollars ($100.00), which shall be added to the Capital Reserve. (32562: 005: 00255459.DOC 11 ) 19 Attachment 1 Page 58 of 155 • 6.08 PAYMENT OF ASSESSMENTS: Assessments levied by the Association shall be collected from each Owner by the Association and shall be a lien on the Owner's Parcel and also shall be a personal obligation of the Owner in favor of the Association, all as more fully set forth in Article Seven. ARTICLE SEVEN Collection of Charges and Remedies for Breach or Violation 7.01 CREATION OF LIEN AND PERSONAL OBLIGATION: The Declarant hereby covenants, and each Owner of a Parcel by acceptance of a deed therefor (whether or not it shall be so expressed in any such deed or other conveyance) shall be and is deemed to covenant and hereby agrees to pay to the Association all Charges made with respect to the Owner or the Owner's Parcel. Each Charge, together with interest thereon and reasonable costs of collection, if any, as hereinafter provided, shall be a continuing lien upon the Parcel against which such Charge is made and also shall be the personal obligation of the Owner of the Parcel at the time when the Charge becomes due. The lien or personal obligation created under this Section shall be in favor of and shall be enforceable by the Association. 7.02 COLLECTION OF CHARGES: The Association shall collect from each Owner all Charges payable by such Owner under this Declaration. 7.03 NON-PAYMENT OF CHARGES: Any Charge which is not paid to the Association when due shall be deemed delinquent. Any Charge which is delinquent for thirty (30) days or more shall bear interest at the rate of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever is less, from the due date to the date when paid. The Association may (i) bring an action against the Owner personally obligated to pay the Charge to recover the Charge (together with interest, costs and reasonable attorney's fees for any such action, which shall be added to the amount of the Charge and included in any judgment rendered in such action), and (ii) enforce and foreclose any lien which it has or which may exist for its benefit. In addition, the Board may add a reasonable late fee to any installment of an assessment which is not paid within thirty (30) days of its due date. No Owner may waive or otherwise escape personal liability for the Charges hereunder by nonuse of the Common Area or by abandonment or transfer of his Parcel. 7.04 LIEN FOR CHARGES SUBORDINATED TO MORTGAGES: The lien for Charges, provided for in Section 7.01, shall be subordinate to the First Mortgagee's mortgage on the Parcel which was Recorded prior to the date that any such Charge became due. Except as hereinafter provided, the lien for Charges, provided for in Section 7.01, shall not be affected by any sale or transfer of a Parcel. Where title to a Parcel is transferred pursuant to a decree of foreclosure of the First Mortgagee's mortgage or by deed or assignment in lieu of foreclosure of the First Mortgagee's mortgage, such transfer of title shall extinguish the lien for unpaid Charges which became due prior to the date of the transfer of title. However, the transferee of the Parcel shall be personally liable for his share of the Charges with respect to which a lien against his Parcel has been extinguished pursuant to the preceding sentence where such Charges are reallocated among all the Owners pursuant to a subsequently adopted annual or revised Common {32562: 005: 00255459 DOC 1 1) 20 Attachment 1 Page 59 of 155 • Assessment or special assessment, and non-payment thereof shall result in a lien against the transferee's Parcel, as provided in this Article. 7.05 SELF -I IELP BY BOARD: In the event of a violation or breach by an Owner of the provisions, covenants or restrictions of the Declaration, the By -Laws, or rules or regulations of the Board, where such violation or breach may be cured or abated by affirmative action, then the Board, upon not less than ten (10) days' prior written notice to the Owner, shall have the right to enter upon that part of the Premises where the violation or breach exists to remove or rectify the violation or breach; provided, that, if the violation or breach exists within a Home, judicial proceedings must be instituted before any items of construction can be altered or demolished. 7.06 OTHER REMEDIES OF THE BOARD: In addition to or in conjunction with the remedies set forth above, to enforce any of the provisions contained in this Declaration or any rules and regulations adopted hereunder the Board may levy a fine or the Board may bring an action at law or in equity in the name of the Association against any person or persons violating or attempting to violate any such provision, either to restrain such violation, require performance thereof, to recover sums due or payable (including fines) or to recover damages, and against the Parcel to enforce any lien created hereunder; and failure by the Association to enforce any provision shall in no event be deemed a waiver of the right to do so thereafter. 7.07 COSTS AND EXPENSES: All costs and expenses incurred by the Board in connection with any action, proceedings or self-help in connection with exercise of its rights and remedies under this Article, including, without limitation, court costs, attorneys' fees and all other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the rate of eighteen percent (18%) per annum or the maximum rate permitted by law, whichever is less, until paid, shall be charged to and assessed against the defaulting Owner, and the Association shall have a lien for all the same, upon his Parcel as provided in Section 7.01. 7.08 ENFORCEMENT BY OWNERS: Enforcement of the provisions contained in this Declaration and the rules and regulations adopted hereunder may be by any proceeding at law or in equity by any aggrieved Owner against any person or persons violating or attempting to violate any such provisions, either to restrain such violation or to recover damages, and against a Parcel to enforce any lien created hereunder. ARTICLE EIGHT Use Restrictions 8.01 INDUSTRY/SIGNS: No industry, business, trade, occupation or profession of any kind shall be conducted, maintained or permitted on any part of the Common Area nor shall any "For Sale" or "For Rent" signs or any other advertising be maintained or permitted on any part of the Common Area or any Home Exterior, except as permitted by the Board or as permitted under Article Nine. 8.02 UNSIGHTLY USES: No clothes, sheets, blankets, laundry of any kind or other articles shall be hung out on any portion of any Home Exterior or the Common Area. The Premises shall be kept free and clear of all rubbish, debris and other unsightly materials and no (32562: 005: 00255459.DOC :11 ) 21 Attachment 1 Page 60 of 155 waste shall be committed thereon. The Board shall have the right to adopt reasonable rules and regulations concerning window treatment or other decorating within a Home which is visible from outside the Home. All rubbish and refuse shall be deposited in such areas and in such receptacles as shall be designated from time to time by the Board or the Municipality. 8.03 SATELLITE DISHES/ANTENNAE: Subject to applicable federal, state and local regulations, laws and ordinances, no television antenna, radio receiver or transmitter or other similar device shall be attached to or installed on any portion of any Home Exterior or the Common Area without the prior written approval of the Board. 8.04 RESIDENTIAL USE ONLY: (a) Except as provided in Article Nine or in subsections (b) and (c) of this Section, each Home shall be used only as a residence and no industrial business, trade, occupation or profession of any kind shall be conducted, maintained or permitted on any part of the Premises. (b) No Resident shall be precluded with respect to his Home, from (i) maintaining a personal professional library, (ii) keeping his personal business records or accounts therein, or (iii) handling his personal business or professional calls or correspondence therefrom. (c) To the extent permitted under applicable laws and ordinances, a Resident may conduct an in-home business in a Home. 8.05 PARKING: Unless expressly permitted by the Board, no boats, trucks, recreational vehicles, trailers, commercial vehicles or other similar vehicles shall be parked or stored on any portion of the Premises (other than a garage which is part of a Home) for more than twenty-four (24) hours at a time. Except for emergencies, no repairs or maintenance work shall be performed on any vehicle on the Premises (other than within a garage). There shall be no parking in the driveways in front of the garages. (b) The parking of vehicles on the Premises shall be subject to rules and regulations adopted by the Board from time to time, which rules and regulations may provide for the removal of any violating vehicles at the vehicle owner's expense or for the imposition of a fine for a violation of the rules and regulations. (c) Each Owner and/or Resident of a Dwelling Unit and their guests and invitees, shall abide by rules and regulations regarding parking which are adopted from time to time by the Board. The Association shall be responsible for paying parking enforcement fines imposed by the Municipality pursuant to City of Des Plaines, Ordinance Z -I9-05, as amended from time to time. Any amounts so paid shall become a Charge hereunder payable by the Owner to the Association and failure of an Owner to pay any such charge to the Association shall give rise to a lien against the Owner's Dwelling Unit under Section 6.01. 8.06 OBSTRUCTIONS: Except as permitted under Section 9.03 there shall be no obstruction of the Common Area, and nothing shall be stored in the Common Area without the prior written consent of the Board. {32562: 005: 00255459.DOC:11 } 22 Attachment 1 Page 61 of 155 • 8.07 PETS: No animal of any kind shall be raised, bred or kept in the Common Area. The Board may from time to time adopt rules and regulations governing the (a) keeping of pets in the Home, which may include prohibiting certain species of pets from being kept in the Home, and (b) use of the Common Area by pets, including, without limitation, rules and regulations which require an Owner to clean up after his pet. Any pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the Premises upon three (3) days written notice from the Board to the Owner of the Home containing such pet and the decision of the Board shall be final. 8.08 NO NUISANCE: No noxious or offensive activity shall be carried on in the Premises nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the Residents. 8.09 STRUCTURAL IMPAIRMENT: Nothing shall be done in, on or to any part of the Premises which would impair the structural integrity of any Home located thereon. 8.10 WATERING: The Board may adopt rules and regulations governing the watering of grass, shrubs, trees and other foliage on the Common Areas. Without limiting the foregoing, the Board may require the Owner of a particular Lot to be responsible for watering specific portions of the Common Area as designated from time to time by the Board. 8.11 BALCONIES / GRILLS: The use and placement of grills and other seasonal items on balconies shall be subject to applicable ordinances of the Municipality and rules and regulations adopted by the Board from time to time. 8.12 USE AFFECTING INSURANCE: Nothing shall be done or kept in any Home or on the Common Areas which will increase the rate of insurance on the Premises, without prior written consent of the Board. No Owner shall permit anything to be done or kept in his Home on the Common Areas which will result in the cancellation of insurance on the Premises or which would be in violation of any law. ARTICLE NINE Declarant's Reserved Rights and Special Provisions Covering Development Period 9.01 IN GENERAL: In addition to any rights or powers reserved to the Declarant under the provisions of this Declaration or the By -Laws, the Declarant shall have the rights and powers set forth in this Article. Anything in this Declaration or the By -Laws to the contrary notwithstanding, the provisions set forth in this Article shall govern. If not sooner terminated as provided in this Article, the provisions of this Article shall terminate and be of no further force and effect five (5) years after the Declarant is no longer vested with or controls title to any portion of the Development Area. 9.02 PROMOTION OF PROJECT: The Declarant shall have the right and power, within its sole discretion, to (i) construct such temporary or permanent improvements, or to do (32562: 005: 00255459.DOC 11 ) 23 Attachment 1 Page 62 of 155 such acts or other things in, on, or to the Premises as the Declarant may, from time to time, determine to be necessary or advisable, (ii) construct and maintain model homes, sales or leasing offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at such locations and in such forms as the Declarant may deem advisable and to use such model homes (including model homes which are sold and leased back to the Declarant), sales or leasing offices or other facilities for the purpose of selling or leasing Homes on the Development Area or at other properties in the general location of the Development Area which are being offered for sale by the Declarant or any of its affiliates, without the payment of any fee or charge whatsoever to the Association. Declarant, its agents, prospective purchasers and tenants, shall have the right of ingress, egress and parking in and through, and the right to use and enjoy the Common Area, at any and all reasonable times without fee or charge. The Declarant shall have the right and power to lease any Home owned by it to any person or entity which it deems appropriate in its sole discretion and it need not comply with the provisions of Section 2.15. 9.03 CONSTRUCTION ON PREMISES: In connection with the construction of improvements to any part of the Premises, the Declarant, its agents and contractors, shall have the right, at the Declarant's own expense, (but shall not be obligated) to make such alterations, additions or improvements to any part of the Premises including, without limitation, the construction, reconstruction or alteration of any temporary or permanent improvements to any structure which shall contain Homes or the Common Area which the Declarant deems, in its sole discretion, to be necessary or advisable, and the landscaping, sodding or planting and replanting of any unimproved portions of the Premises. In connection with the rights provided in the preceding sentence, the Declarant, its agents and contractors, shall have the right of ingress, egress and parking on the Premises and the right to store dirt, construction equipment and materials on the Premises without the payment of any fee or charge whatsoever. 9.04 GRANT OF EASEMENTS AND DEDICATIONS: Declarant shall have the right to dedicate portions of the Common Area to the County, Municipality or other governmental authority which has jurisdiction over such portions. Declarant shall also have the right to reserve or grant easements over the Common Area to any governmental authority, public utility or private utility for the installation and maintenance of electrical and telephone conduit and lines, gas, sewer, water lines and cable television, or any other utility services serving any Parcel. 9.05 DECLARANT CONTROL OF ASSOCIATION: The first and all subsequent Boards prior to Turnover shall consist solely of three (3) persons from time to time designated by the Declarant, which persons may, but need not, be members under Section 5.02. Declarant's rights under this Section to designate the members of the Board shall terminate on the first to occur of (i) such time as the Declarant no longer holds or controls any portion of the Development Area, (ii) the giving of written notice by Declarant to the Association of Declarant's election to terminate such rights, (iii) seven (7) years from the date of Recording hereof, or (iv) the date required under applicable law. The date on which the Declarant's rights under this Section shall terminate shall be referred to as the "Turnover Date". From and after the Turnover Date, the Board shall be constituted and elected as provided in the By -Laws. Prior to the Turnover Date, all of the voting rights at each meeting of the Owners shall be vested exclusively in the Declarant and the Owners shall have no voting rights. {32562: 005: 00255459.DOC :11 ) 24 Attachment 1 Page 63 of 155 9.06 OTHER RIGHTS: The Declarant shall have the right and power to execute all documents and do all other acts and things affecting the Premises which, in Declarant's opinion, are necessary or desirable in connection with the rights of Declarant under this Declaration. 9.07 ASSIGNMENT BY DECLARANT: All rights which are specified in this Declaration to be rights of the Declarant are mortgageable, pledgeable, assignable or transferable. Any successor to, or assignee of, the rights of the Declarant hereunder (whether as the result of voluntary assignment, foreclosure, assignment in lieu of foreclosure, or otherwise) shall hold or be entitled to exercise the rights of Declarant hereunder as fully as if named as such party herein. No such successor assignee of the rights of Declarant hereunder shall have or incur any liability for the acts of any other party which previously exercised or subsequently shall exercise such rights. 9.08 ARCHITECTURAL CONTROLS: Prior to such time as the Declarant no longer holds or controls title to any portion of the Development Area, no additions, alterations or improvements (including, without limitation, changes in the exterior color of a Home or construction or installation of a shed, outbuilding, deck, patio, terrace, antennae, satellite dish or similar changes) shall be made to the exterior of any Home or any part of the Home which is visible from outside the Home by an Owner without the prior written consent of the Declarant. If an addition, alteration or improvement which requires Declarant approval hereunder is made to a Home without the prior written consent of the Declarant, then the Declarant may seek injunctive relief to cause the Owner to cease construction of and/or remove the addition, alteration or improvement. Declarant's decision to approve or disapprove an alteration, addition or improvement in one instance shall not in any way create or establish a precedent for how the Declarant must respond to a request for an alteration, addition or improvement subsequently made, it being understood that circumstances, situations and standards may change and the Declarant reserves the right and power to grant or deny requests as Declarant believes are appropriate in Declarant's sole and absolute discretion. ARTICLE TEN Amendments 10.01 SPECIAL AMENDMENTS: Anything herein to the contrary notwithstanding, Declarant reserves the right and power to Record a special amendment ("Special Amendment") to this Declaration at any time and from time to time which amends this Declaration (i) to comply with requirements of the Fannie Mae, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Veteran's Administration, or any other governmental agency or any other public, quasi -public or private entity which performs (or may in the future perform) functions similar to those currently performed by such entities, (ii) to induce any of such agencies or entities to make, purchase, sell, insure, guarantee or otherwise deal with first mortgages covering Parcels, (iii) to correct omissions, errors, ambiguities or inconsistencies in the Declaration or any Exhibit, (iv) to bring the Declaration into compliance with applicable laws, ordinances or governmental regulations, and (v) to amend Exhibit A to include additional real estate. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to the Declarant to make or consent to a Special Amendment on behalf of each Owner. Each deed, mortgage, trust deed, other evidence of obligation, or other {32562: 005: 00255459.DOC :I1 ) 25 Attachment 1 Page 64 of 155 • instrument affecting a Parcel and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the Declarant to make, execute and Record Special Amendments. The right and power of the Declarant to record a Special Amendment hereunder shall terminate five (5) years after such time as Declarant no longer holds or controls title to a portion of the Development Area. 10.02 AMENDMENT: Subject to Section 10.01 and Article Eleven, the provisions of this Declaration may be amended, abolished, modified, enlarged, or otherwise changed in whole or in part by the affirmative vote of Voting Members representing at least Seventy -Five percent of the total votes or by an instrument consented to, in writing, executed by Owners of at least Seventy -Five Percent (75%) of the Parcels; except, that (i) the provisions of this Section 10.02 may be amended only by an instrument executed by all of the Owners and all First Mortgagees, and (ii) until such time as the rights and powers of the Declarant under Article Nine terminate, the provisions of Article Nine, Article Fourteen or any provisions of this Declaration relating to the rights and powers of the Declarant may only be amended with the written consent of the Declarant. No amendment which removes Premises from the provisions of this Declaration shall be effective if as a result of such removal, an Owner of a Parcel shall no longer have the legal access to a public way from his Parcel. No amendment shall become effective until properly Recorded. ARTICLE ELEVEN First Mortgagees Rights 11.01 NOTICE TO FIRST MORTGAGEES: Upon the specific, written request of First Mortgagee or the insurer or guarantor of a First Mortgagee's mortgage, such party shall receive some or all of the following: (a) Copies of budgets, notices of assessment, or any other notices or statements provided under this Declaration by the Association to the Owner of the Parcel covered by the First Mortgagee's mortgage; (b) Any audited or unaudited financial statements of the Association which are prepared for the Association and distributed to the Owners; provided, that, if an audited statement is not available, then upon the written request of the holder, insurer or guarantor of a Mortgage, the Association shall permit such party to have an audited statement for the preceding fiscal year of the Association prepared at such party's expense; (c) Copies of notices of meetings of the Owners; (d) Notice of any proposed action that requires the consent of a specified percentage of Eligible First Mortgagees; (e) Notice of any substantial damage to any part of the Common Area or the Parcel subject to the First Mortgagee's mortgage; (32562. 005: 00255459.DOC 11 ) 26 Attachment 1 Page 65 of 155 (f) Notice of the commencement of any condemnation or eminent domain proceedings with respect to any part of the Common Area or the Parcel subject to the First Mortgagee's mortgage; (g) Notice of any default by the Owner of the Parcel which is subject to the First Mortgagee's mortgage under this Declaration, the By -Laws or the rules and regulations of the Association which is not cured within 30 days of the date of the default; (h) The right to examine the books and records of the Association at any reasonable times; (i) In the case of a First Mortgagee, the right to be listed on the records of the Association as an "Eligible First Mortgagee" for purpose of Section 11.02 below; and (j) A lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. The request of any such party shall specify which of the above it desires to receive and shall indicate the address to which any notices or documents shall be sent by the Association. 11.02 CONSENT OF FIRST MORTGAGEES: (a) In addition to any requirements or prerequisites provided for elsewhere in this Declaration, the consent of First Mortgagees holding, in the aggregate, the first mortgages on at least two-thirds (2/3) of the Parcels (by number) which are subject to first mortgages held by First Mortgagees which specifically request to be treated as "Eligible First Mortgagees" under Section 11.01(i) above will be required for the Association to do or permit to be done any of the following: (1) Adoption of an amendment to this Declaration which (i) changes Article Six or otherwise changes the method of determining the Common Assessments or other Charges which may be levied against an Owner; (ii) changes Section 7.04 or Article Ten, (iii) changes this Article Eleven, Article Twelve or any other provision of this Declaration or by By -Laws which specifically grants rights to First Mortgagees, (iv) materially changes insurance and fidelity bond requirements, (v) changes voting rights, or (vi) imposes a right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey his Parcel; (2) The withdrawal of the Premises from the provisions of this Declaration; provided, that, such consent of Eligible First Mortgagees will not be required with respect to any action under (1) above which occurs as a result of any action taken pursuant to Article Twelve. (b) Whenever required, the consent of an Eligible First Mortgagee shall be deemed granted unless the party seeking the consent is advised to the contrary, in writing, by the Eligible First Mortgagee within thirty (30) days after making the request for consent. (32562: 005: 00255459.DOC :11 ) 27 Attachment 1 Page 66 of 155 11.03 INSURANCE PROCEEDS/CONDEMNATION AWARDS: In the event of (i) any distribution of any insurance proceeds hereunder as a result of damage to, or destruction of, any part of the Premises or (ii) any distribution of the proceeds of any award or settlement as a result of condemnation or eminent domain proceedings with respect to any part of the Common Area, any such distribution shall be made to the Owners and their respective First Mortgagees, as their interests may appear, and no Owner or other party shall be entitled to priority over the First Mortgagee of a Parcel with respect to any such distribution to or with respect to such Parcel; provided, that, nothing in this Section shall be construed to deny to the Association the right (i) to apply insurance proceeds to repair or replace damaged improvements or (ii) to apply proceeds of any award or settlement as a result of eminent domain proceedings as provided in Article Four. ARTICLE TWELVE Annexing Additional Property 12.01 IN GENERAL: Declarant reserves the right at any time and from time to time prior to ten (10) years from the date of Recording of this Declaration to annex, add and subject additional portions of the Development Area to the provisions of this Declaration as additional Premises by recording a supplement to this Declaration (a "Supplemental Declaration"), as hereinafter provided. Any portion of the Development Area which is subjected to this Declaration by a Supplemental Declaration shall be referred to as "Added Premises"; any portion of any Added Premises which is made part of the Common Area shall be referred to as "Added Common Area"; and any Parcels contained in the Added Premises shall be referred to as "Added Parcels". After the expiration of said ten (10) year period, Declarant may exercise the rights described herein to annex, add and subject additional portions of the Development Area to the provisions of this Declaration, provided that the consent the Owners (by number) of two-thirds (2/3) of all Parcels then subject to this Declaration is first obtained. 12.02 POWER TO AMEND: Declarant hereby retains the right and power to Record a Supplemental Declaration, at any time and from time to time as provided in Section 12.01, which amends or supplements Exhibit B. Exhibit B may only be amended or supplemented pursuant to this Article to add portions of the Development Area to Exhibit B and shall not be amended to reduce or remove any real estate which is described in Exhibit B immediately prior to the Recording of such Supplemental Declaration. A Supplemental Declaration may contain such additional provisions affecting the use of the Added Premises or the rights and obligations of owners of any part or parts of the Added Premises as the Declarant deems necessary or appropriate. 12.03 EFFECT OF SUPPLEMENTAL DECLARATION: Upon the Recording of a Supplemental Declaration by Declarant which annexes and subjects Added Premises, Added Common Area, or Added Parcels to this Declaration, as provided in this Article, then: (a) The easements, restrictions, conditions, covenants, reservations, liens, charges, rights, benefits and privileges set forth and described herein shall run with and bind the Added Premises and inure to the benefit of and be binding on any Person having (32562: 005 00255459 DOC .11 } 78 Attachment 1 Page 67 of 155 at any time any interest or estate in the Added Premises in the same manner, to the same extent and with the same force and effect that this Declaration applies to the Premises, and Persons having an interest or estate in the Premises, subjected to this Declaration prior to the date of the Recording of the Supplemental Declaration; (b) Every Owner of an Added Parcel shall be a member of the Association on the same terms and subject to the same qualifications and limitations as those members who are Owners of Parcels immediately prior to the Recording of such Supplemental Declaration; (c) In all other respects, all of the provisions of this Declaration shall include and apply to the Added Premises (including the Added Common Area or the Added Parcels, if any) made subject to this Declaration by any such Supplemental Declaration and the Owners, First Mortgagees, and lessees thereof, with equal meaning and of like force and effect and the same as if such Added Premises were subjected to this Declaration at the time of the Recording hereof; (d) The Recording of each Supplemental Declaration shall not alter the amount of the lien for any Charges made to a Parcel or its Owner prior to such Recording; (e) The Declarant shall have and enjoy with respect to the Added Premises all rights, powers and easements reserved by the Declarant in this Declaration, plus any additional rights, powers and easements set forth in the Supplemental Declaration; and (f) Each Owner of an Added Parcel which is subject to assessment hereunder shall be responsible for the payment of the Common Assessment pursuant to Section 6.02(e) or Section 6.08, but shall not be responsible for the payment of any special assessment which was levied prior to the time that the Added Parcel became subject to assessment hereunder. ARTICLE THIRTEEN Party Walls 13.01 PARTY WALL: Every wall, including the foundations therefor, which is built as a part of the original construction of a building and placed on the boundary line between separate Homes shall constitute and be a "Party Wall", and the Owner of a Parcel immediately adjacent to a Party Wall shall have the obligation and be entitled to the rights and privileges of these covenants and, to the extent not inconsistent herewith, the general rules of law regarding party walls. 13.02 RIGHTS IN PARTY WALL: Each Owner of a Parcel, which is adjacent to a Party Wall, shall have the right to use the Party Wall for support of the structure originally constructed thereon and all replacements thereof and shall have the right to keep, maintain, repair and replace therein all pipes, conduit, and ducts originally located therein and all replacements thereof. (32562: 005. 00255459.DOC :11 ) 29 Attachment 1 Page 68 of 155 • 13.03 DAMAGE TO PARTY WALL: (a) If any Party Wall is damaged or destroyed through the act or acts of any Owner of a Parcel which is adjacent to such Party Wall, or his agents, servants, tenants, guests, invitees, licensees, or members of his family, whether such act is willful, negligent or accidental, such Owner shall, with prior notice to the Association and the Owner of the other adjoining Parcel, forthwith proceed to rebuild or repair the same to as good a condition as in which such Party Wall existed prior to such damage or destruction without costs therefor to the Owner of the other adjoining Parcel. (b) Any Party Wall damaged or destroyed by some act or event other than one caused by the Owner of a Parcel which is adjacent to such Party Wall, or his agents, servants, tenants, guests, invitees, licensees, or members of his family, shall be rebuilt or repaired by the Owners of the adjacent Parcels to as good a condition as in which such Party Wall existed prior to such damage or destruction at joint and equal expense of such Owners, and as promptly as is reasonably possible; provided that the cost of repairing or replacing any portion thereof which is part of a Home Exterior with respect to which the Association is responsible for furnishing maintenance, repairs or replacements hereunder shall be paid by the Association as a Common Expense to the extent not covered by insurance. (c) In the event that any Owner shall fail, within a reasonable time after the occurrence of damage or destruction referred to in this Section, to perform the necessary repair or rebuilding, then, the Board may cause such repairs or rebuilding to be performed in the manner as provided in this Section and the cost thereof shall be charged to such Owner as his personal obligation and shall be a continuing lien on the Owner's Parcel. 13.04 CHANGE IN PARTY WALL: Any Owner of a Parcel who proposes to modify, rebuild, repair or make additions to any structure upon his Parcel in any manner which requires the extension, alteration or modification of any Party Wall shall first obtain the written consent thereto, as to said Party Wall, of the Owner of the other adjacent Parcel and the Board, in addition to meeting any other requirements which may apply including, without limitation, those of the Municipality. In the event that a Party Wall is altered, regardless of whether all required consents have been obtained, any express or implied warranties made by the Declarant or the Original Declarant concerning the structural integrity of the Party Wall or either of the Homes adjacent to the Party Wall shall be null and void and the Owner who alters the Party Wall shall be responsible for any and all damage caused to either of the adjacent Homes or improvements thereto. 13.05 ARBITRATION: In the event of a disagreement between Owners of Parcels adjoining a Party Wall with respect to their respective rights or obligations as to such Party Wall, upon the written request of either of said Owners to thc other the matter shall be submitted to the Board and the decision of the Board shall be final and binding. (32562. 005. 00255459.DOC :11 } Attachment 1 30 Page 69 of 155 ARTICLE FOURTEEN Approval of Litigation 14.01 IN GENERAL: The Association shall not initiate or voluntarily participate in litigation, arbitration, claim to regulatory authorities, or any other binding legal proceeding with respect to any matter affecting or arising from the Premises ("Litigation") except upon compliance with the requirements of this Article. (a) Before the Association incurs expenses or potential liabilities in connection with Litigation including, but not limited to, attorneys' fees, court filing fees, litigation - related expenses and exposure for costs and fees of an adverse party, the Association must hold a meeting of Owners and obtain the approval of Owners holding more than 50% of the total votes entitled to be cast by all Owners, excluding the vote of any Owner who would be a defendant in such proceedings. (b) If the Litigation arises from an alleged "Defect" (as defined in Section 15.01 below) the Association shall provide all Owners with at least the following information about the proposed Litigation not later than the time the vote of Owners is taken: (i) a reasonably detailed description of the alleged Defect; (ii) an accurate description of any attempts to correct the alleged Defect by the person alleged to be responsible for it, and the opportunities provided to that person to correct the alleged Defect; (iii) a certification from an architect or engineer licensed in the State of Illinois that the alleged Defect exists, along with a description of the scope of work necessary to cure the alleged Defect and a resume of the architect or engineer; (iv) a good faith estimate of the cost to cure the alleged Defect; (v) the name and professional background of any attorney retained (or proposed to be retained) by the Association to pursue the claim arising from the alleged Defect, and a description of the relationship between the attorney and member(s) of the Board or the Association's management company (if any); (vi) a description of the fee arrangement between the attorney and the Association; (vii) a good faith estimate of the attorneys' fees, expenses and costs, including, but not limited to, fees and costs associated with any experts to be retained in connection with the Litigation, necessary to pursue the claim; (viii) a good faith estimate of the time necessary to conclude the action (including possible appeals); (32562: 005' 00255459 DOC •l l ) 31 Attachment 1 Page 70of155 (ix) a good faith estimate of the fees and costs the Association may be required to pay to the other party in the event that the Association's claim is unsuccessful; and (x) an affirmative statement from a majority of the members of Board that the proposed action is in the best interests of the Association and the Owners and the basis for that conclusion. (c) The fees and costs of any Litigation shall be paid by the Association only with monies that are collected for that purpose by Common Assessment. The Association shall not borrow money, use reserve funds, or use monies collected for other Association obligations to pay for the fees and costs of any Litigation. (d) Each Owner shall notify prospective purchasers of any Litigation initiated by the Board. (e) In the event that Litigation arising from an alleged Defect is successfully pursued, any recovery shall be applied (after payment of applicable attorneys' fees and other litigation -related costs and expenses) to curing the alleged Defect or repaying the Association expenses previously incurred in curing the alleged Defect. Any excess funds remaining after curing the alleged Defect shall be retained in to the Association's reserve funds. 14.02 EXEMPT PROCEEDINGS: (a) The requirements set forth in Section 14.01(a) above shall not apply to any proceedings initiated by the Association to (i) collect unpaid Charges; or (ii) enforce a contract entered into by the Association with vendors providing services or materials to the Association. (b) Litigation shall not be construed to mean litigation, arbitration, or other proceedings in which the Association is participating by reason of having been named a defendant, and the requirements set forth in Section 14.01(a) above shall not apply to such proceedings. 14.03 INCURRING EXPENSES: Nothing in this Section shall preclude the Board from incurring expenses for legal advice in the normal course of operating the Association to (a) enforce the Declaration and related documents; (b) comply with the statutes or regulations related to the operation of the Association; (c) amend the Declaration and related documents, in accordance with their terms; (d) grant easements or convey Common Area as provided in the Declaration; or (e) perform any of the obligations of the Association as provided in the Declaration. 132562: 005: 00255459.DOC .1 I ) 32 Attachment 1 Page 71 of 155 ARTICLE FIFTEEN RIGHT TO CURE ALLEGED DEFECT 15.01 IN GENERAL: If the Association, the Board or any Owner or other person ("Claimant") claims, contends, or alleges that a "Defect" exists in any improvements within the Premises including, but not limited to, the residential structures constructed on the Lots, the person that constructed the improvement or is alleged to be responsible for the alleged Defect shall have the right to inspect, repair and/or replace the alleged Defect as set forth herein. 15.02 DEFECT DEFINED: As used in this Declaration, Defect shall mean failure to construct or install improvements in accordance with (a) approved plans and specifications; (b) applicable governmental requirements; (c) contractual obligations; (d) applicable covenants; (e) standards of good practice in the applicable industry, using acceptable materials or procedures; or (f) other applicable legal or contractual obligations. 15.03 NOTICE OF ALLEGED DEFECT: A Claimant shall give written notice of any alleged Defect ("Notice of Alleged Defect") to the person or persons believed by the Claimant to be responsible for the alleged Defect within 15 days after discovering the alleged Defect. The Notice of Alleged Defect shall include a reasonably detailed description of the alleged Defect and any action the Claimant believes to be necessary to cure the alleged Defect. 15.04 RIGHT TO ENTER, INSPECT, REPAIR AND/OR REPLACE: Within a reasonable time after the receipt of a Notice of Alleged Defect, the person who received the Notice of Alleged Defect shall have the right, upon reasonable notice to the Claimant and during normal business hours, to enter the affected portion of the Premises for the purposes of inspecting and/or conducting testing and, if the person so chooses in its sole discretion, repairing and/or replacing the alleged Defect. Any agreement made in writing for repair, replacement or other curative action shall be enforceable against both parties to the agreement without requiring either party to again go through the notice and other procedures provided for in this Article Fourteen or to go through the negotiation and mediation procedures set forth in Sections 16.02 and 16.03 below. 15.05 SCOPE OF WORK: INDEMNITY: In conducting such an inspection, testing, repair and/or replacement, the person receiving the Notice of Alleged Defect shall be entitled to take any actions it deems reasonable and necessary under the circumstances. Any person entering the property of a Claimant, or performing testing, repair and/or replacement pursuant to this Article Fifteen, shall defend, indemnify and hold the Claimant harmless for, from and against all claims, demands, costs, losses, and liabilities of every kind and nature arising from exercise of the entry and curative rights provided for in this Section. 15.06 NO ADDITIONAL OBLIGATIONS: IRREVOCABILITY AND WAIVER OF RIGHT: Nothing set forth in this Article Fifteen shall be construed to impose any obligation on any person to inspect, test, repair, or replace any item or alleged Defect for which the person is not otherwise obligated under applicable law or other binding legal obligation. The right to enter, inspect, test, repair and/or replace an alleged Defect shall be irrevocable and may not be {32562: 005. 00255459.DOC :I l } 33 Attachment 1 Page 72 of 155 • waived or otherwise terminated with regard to any person except by a written document executed by that person. ARTICLE SIXTEEN Alternative Dispute Resolution 16.01 IN GENERAL: Any dispute, controversy, disagreement or claim of any kind or nature arising in any way from the Premises, including, but not limited to, the physical condition, use, appearance, or operation of the Premises, or any portion of it, or agreements or other legally binding instruments or obligations pertaining to the Premises or any portion of it (each, a "Dispute") shall be processed progressively by negotiation, mediation and arbitration in accordance with this Article Sixteen, unless specifically exempted, if the Dispute is between or among (i) the Declarant or any builder (or the officers, directors, employees, brokers, agents, consultants, contractors, or subcontractors of either of them) and any Owner or the Association; or (ii) the Association and any Owner. This Section applies to any such Dispute regardless of whether it involves theories based upon contract, tort, statute or other legal theory. No person bound by this Article Sixteen may commence legal proceedings of any kind including, but not limited to judicial and regulatory complaints, in lieu of complying with the procedures and requirements set forth herein. The procedures shall not apply to Disputes relating to the payment of any type of Charge or to claims by any of the foregoing persons against third parties not listed above (unless the third party has agreed to comply with the procedures set forth in this Article Sixteen). 16.02 NEGOTIATION: Any person wishing to pursue resolution of, or a remedy for, a Dispute (the "Complainant"), must give written notice of the Dispute to the person or persons believed to be responsible for the circumstances causing the Dispute, or believed to be responsible for remedying those circumstances (in either case, the "Respondent"). The notice must set forth in reasonable detail the circumstances alleged to give rise to the Dispute and the remedy or other action sought by the Complainant. The Complainant must thereafter follow the procedures set forth in this Section. (a) Opportunity to Meet. Following delivery of such a notice, the Respondent shall be afforded a reasonable opportunity to meet with or otherwise communicate with the Complainant for a discussion of the circumstances giving rise to the Dispute and possible resolution of the Dispute and an examination of any physical conditions or written instruments giving rise to the Dispute. (b) Deadline for Resolution. If the Dispute is not resolved to the satisfaction of the Complainant and the Respondent by negotiation within 30 days following delivery of the original notice by the Complainant and the Complainant wishes to pursue the Dispute further, the Complainant shall give notice to the Respondent that mediation pursuant to Section 16.03 below is required. (c) Defect Disputes. If the Dispute is not resolved to the satisfaction of the Complainant and the Respondent by negotiation within 30 days following the delivery of the original notice by the Complainant and the Complainant wishes to pursue the Dispute {32562:005' 00255459.DOC'11 } 34 Attachment 1 Page 73 of 155 • ,. further, the Complainant shall give notice to the Respondent that mediation pursuant to Section 16.03 below is required. (d) Enforcement of Agreements. Any written agreement by the Respondent and the Complainant entered into for the purposes of resolving the Dispute shall be enforceable against either party in accordance with the provisions of Section 16.05 below. 16.03 MEDIATION: The Complainant shall initiate mediation by submitting the Dispute to mediation by the American Arbitration Association (or any successor thereto or any other independent entity providing similar services mutually accepted by the parties) pursuant to the commercial mediation procedures then in effect, as modified by this Section (unless the parties otherwise agree). (a) Expenses of Mediation. If a dispute is not resolved pursuant to Section 16.02, the expenses of witnesses for either side shall be paid by the party producing the witnesses. All other expenses of the mediation, including, but not limited to, the fees and costs charged by the mediator and the expenses of any witnesses or the cost of any expert advice produced at the direct request of the mediator, shall be borne equally by the parties to the Dispute unless the parties to the Dispute otherwise agree. Each party to the Dispute shall bear its own attorneys' fees and costs in connection with the mediation. (b) Enforcement of Agreements. Any written agreement by the Respondent and the Complainant entered into through mediation for the purposes of resolving the Dispute shall be enforceable against either party in accordance with Section 16.05 below. (c) Termination of Mediation. If after all parties to the Dispute have participated in mediation in good faith, the mediator, in his or her sole discretion, determines that the parties will not be able to resolve the Dispute through mediation, the mediator shall so state, in writing, and shall provide a copy of the statement to that effect to each of the parties and, if applicable, to their attorneys at their current or last known business address. 16.04 FINAL AND BINDING ARBITRATION: If the parties cannot resolve their Dispute pursuant to the procedures described in Section 16.02 and Section 16.03 above, the Complainant shall have 30 days following termination of mediation proceedings (as determined by the mediator in writing) to submit the Dispute to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as modified or as otherwise provided in this Section. If the Complainant does not submit the Dispute to arbitration within 30 days after termination of mediation proceedings, the Complainant shall be deemed to have waived any claims related to the Dispute, and all other parties to the Dispute shall be released and discharged from any and all liability to the Complainant on account of the Dispute; provided, nothing herein shall release or discharge any party from any liability to persons who are not a party to the proceedings. An arbitration pursuant to this Section shall not be combined with any other arbitration without the consent of all parties to this arbitration. {32562: 005 00255459.DOC :11) 35 Attachment 1 Page 74 of 155 • • (a) Necessary Parties. The parties to the Dispute shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the arbitration proceeding. No person shall be required to participate in the arbitration proceeding if (i) all parties against whom the person would have necessary or permissive cross-claims or counterclaims (a "Necessary Party") are not or cannot be joined in the arbitration proceedings, or (ii) the enforcement of this Section would materially impair insurance coverage for the person that would have otherwise provided the person protection with respect to the Dispute. (b) Opt Out. If any party to arbitration determines in good faith that it cannot join a Necessary Party in the arbitration or that its insurance coverage applicable to the Dispute would be materially impaired, the party may elect not to participate in the arbitration and allow any claims against it to be determined by other legal proceedings. If a party makes such an election, it must give written notice of its election to all other parties in the arbitration. Within 10 days following receipt of such a notice, any other party to the arbitration that would (or reasonably might) be adversely affected by the absence of the party that elected not to participate may likewise elect not to participate in the arbitration by giving written notice to all other remaining parties. If any party wishes to contest whether a party electing not to participate in the arbitration is entitled to make that election, it shall commence a legal action seeking a judicial determination of the validity of the election and arbitration proceedings will be stayed until that issue is finally determined judicially. Any such judicial proceeding to determine the validity of an election not to participate in arbitration shall deal only with that issue and shall not be used for a determination of the issues being decided in the arbitration. (c) Place. The arbitration proceedings shall be held in Cook County, Illinois unless otherwise agreed by the parties and the arbitrator. (d) Arbitrator. A single arbitrator shall be selected. The arbitrator shall not have served as mediator in the Dispute. The parties to the Dispute shall select the arbitrator within 30 days after the Dispute is submitted to final and binding arbitration pursuant to Section 12.04 above. If the arbitrator resigns or becomes unwilling or unable to continue to serve in the subject Dispute, a replacement shall be selected in accordance with this subsection (d). (e) Motions. The arbitrator shall have the power to hear and dispose of motions, including motions to dismiss, motions for judgment on the pleadings, and summary judgment motions, in the same manner as a trial court judge, except the arbitrator shall also have the power to adjudicate summary issues of fact or law including the availability of remedies, whether or not the issue adjudicated could dispose of an entire cause of action or defense. (f) Final Award. THE DECISION AND AWARD WILL BE MADE BY THE ARBITRATOR WITHOUT A COURT TRIAL AND WITHOUT A JURY. Each party to the arbitration WAIVES THE RIGHT TO HAVE THE DISPUTE RESOLVED BY A JURY OR BY A COURT and agrees to accept the award of the arbitrator as final. The {32562. 005. 00255459.DOC .11 } 36 Attachment 1 Page 75 of 155 • arbitrator shall decide all issues in the Dispute by strictly applying Illinois law, and this Section. Subject to the limitations imposed in this Section, the arbitrator shall have the authority to try all issues, whether of fact or law. The arbitrator shall render a final decision in writing no later than 60 days following the conclusion of the arbitration proceedings, or such longer period as the parties to the Dispute mutually agree in writing. The arbitrator's award may be enforced as provided for in the Uniform Arbitration Act, 710 I.L.C. S. 5/1, et seq. (g) Limitation on Remedies/Prohibition on the Award of Punitive and Consequential Damages. Notwithstanding any contrary provisions of the commercial arbitration rules or any other provision of this Section, the arbitrator in any proceeding shall not have the power to award punitive or consequential damages; however, the arbitrator shall have the power to grant all other legal and equitable remedies, including, but not limited to, the power to award compensatory damages. (h) Expenses of Arbitration. Each party to the Dispute shall bear all of its own costs incurred prior to and during the arbitration proceedings, including the fees and costs of its attorneys or other representatives, discovery costs, and expenses of witnesses produced by the party. Each party to the Dispute shall share equally all charges of the arbitrator unless otherwise agreed to by the parties. 16.05 ENFORCEMENT OF RESOLUTION: If the parties to a Dispute resolve the Dispute through negotiation or mediation in accordance with Sections 16.02 or 16.03 above, and any party thereafter fails to abide by the terms of the agreed resolution, or if an arbitration award is made in accordance with Section 14.04 above and any party to the Dispute thereafter fails to comply with award, then the other party to the Dispute may file suit to enforce the agreement or to confirm and enforce the award without the need to again comply with the procedures set forth in this Article Fourteen. In that event, the party taking action to enforce the terms of the agreement or the award shall be entitled to recover from the non -complying party (or if more than one non -complying party, from all such parties pro rata), all expenses reasonably incurred to enforce the agreed or awarded terms including, but not limited to, attorneys' fees, witness fees, costs and all litigation -related expenses. ARTICLE SEVENTEEN Miscellaneous 17.01 NOTICES: Any notice required to be sent to any Owner under the provisions of this Declaration or the By -Laws shall be deemed to have been properly sent if (i) mailed, postage prepared, to his or its last known address as it appears on the records of the Association at the time of such mailing, (ii) transmitted by facsimile or e-mail to his or its facsimile number or e- mail address as either appears on the records of the Association at the time of such transmittal, or (iii) when personally delivered to his or its Home. The date of mailing, or the date of transmission if the notice is sent by facsimile or e-mail, shall be deemed the date of service. 17.02 CAPTIONS: The Article and Section headings are intended for convenience only and shall not be construed with any substantive effect in this Declaration. In the event of any (32562 005 00255459 DOC •11 ) 37 Attachment 1 Page 76 of 155 • conflict between statements made in recitals to this Declaration and the provisions contained in the body of this Declaration, the provisions in the body of this Declaration shall govern. 17.03 SEVERABILITY: Invalidation of all or any portion of any of the easements, restrictions, covenants, conditions, or reservations, by legislation, judgment or court order shall in no way affect any other provisions of this Declaration which shall, and all other provisions, remain in full force and effect. 17.04 PERPETUITIES AND OTHER INVALIDITY: If any of the options, privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living lawful descendants of the President of the United States at the time this Declaration is Recorded. 17.05 TITLE HOLDING LAND TRUST: In the event title to any Parcel is held by a title holding trust, under the terms of which all powers of management, operation and control of the Parcel remain vested in the trust beneficiary or beneficiaries, then the beneficiaries thereunder from time to time shall be responsible for payment of all Charges and for the performance of all agreements, covenants and undertakings chargeable or created under this Declaration against such Parcel. No claim shall be made against any such title holding trustee personally for payment of any lien or obligation hereunder created and the trustee shall not be obligated to sequester funds or trust property to apply in whole or in part against such lien or obligation. The amount of such lien or obligation shall continue to be a charge or lien upon the Parcel and the beneficiaries of such trust notwithstanding any transfers of the beneficial interest of any such trust or any transfers of title to such Parcel. 17.06 WAIVER OF IMPLIED WARRANTY OF HABITABILITY AND OTHER WARRANTIES: Illinois courts have held that every contract for the construction of a new home in Illinois carries with it a warranty that when completed, the home will be free of defects and will be fit for its intended use as a home. The courts have also held that this "Implied Warranty of Habitability" does not have to be in writing to be a part of the contract and that it covers not only structural and mechanical defects such as may be found in the foundation, roof, masonry, heating, electrical and plumbing, but it also covers any defect in workmanship which may not easily be seen by the buyer. However, the courts have also held that a seller -builder and buyer may agree in writing that the Implied Warranty of Habitability is not included as a part of their particular contract. Each buyer of a Home from Declarant agreed in the purchase contract that the Declarant has excluded and disclaimed the Implied Warranty of Habitability and all other implied warranties, whether created judicially, statutorily or by common law, including the implied warranty of fitness for a particular purpose. Such exclusion and disclaimer shall apply to and bind any subsequent Owner of a Home and, accordingly, no Owner of a Home shall be able (32562: 005: 00255459.DOC :11 } Attachment 1 38 Page 77of155 to assert a claim against Declarant for a breach of the Implied Warranty of Habitability or any other implied warranty. Dated: , 2001. DECLARANT: LEXIN limit PfS DES PLAINES I LLC, a Delaware ie' ;,l ity company By'AV) irir4=0,Li STATE OF ILLINOIS ) ) SS COUNTY OFe..001C. ) I, trate_ v1\ , a Notary Public in and for said County and State, do hereby certify that as ta{,o,m of Lexington Des Plaines I LLC, a Delaware limen ed liability company (the "Company"), appeared before me this day in person and acknowledged that he/she signed, sealed and delivered said instrument as his/her free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this.). day of , 2002, Notary Public OFFICIAL SEAL IRENE VILLALPANDO Notary Public - State of Illinois My Commission Expires Jan 08, 2012 {32562: 005. 00255459 DOC -11 } 39 Attachment 1 Page 78 of 155 • CONSENT OF MORTGAGEE Cole Taylor Bank, as holder of a mortgage dated AtJou,sa dg , 2001, and recorded in the office of the Recorder of Deeds of Cook County, Illinois, on S.eP7zyn9ee.. r/- , 20 07 , as Document No. 07 P4 -133o4 , with respect to the Parcel, hereby consents to the recording of the Declaration to which this Consent is attached and agrees that its mortgage shall be subject to the terms of this Declaration, as supplemented and amended from time to time. Dated: iePryiet-2. (7 , 2008 COLE TA OR By: Its STATE OF ILLINOIS ) ) SS. COUNTY OF Cook. ) The undersigned, a Notary Public in and for said County and State, do hereby certify that W/Uilit aw, Kttticthe 62ntem VicA. erc.slit-,.• of Cole Taylor Bank (the "Mor agee"), appeared before me this day in person and acknowledged that [he][she] signed, sealed and delivered said instrument as [his][her] free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this it day ofi , 2008. "OFFICIAL SEAL" Janet M Miller Note ryry Public, State of IlNnoh Comsntuion Expires 7/29/2011 (32562: 005: 00255459 DOC :8) EXHIBIT B Page 1 Attachment 1 Nota Public Page 79of155 • EXHIBIT A TO DECLARATION FOR LEXINGTON PARK TOWNHOMES The Development Area All Lots and Blocks in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062. {32562. 005: 00255459 DOC :11 } 2 Attachment 1 Page 80 of 155 • EXHIBIT B TO DECLARATION FOR LEXINGTON PARK TOWNHOMES The Premises I. Lots: The following described lots shall be divided into Parcels as described in Section 1.18 of the Declaration to which this Exhibit is attached: Lots 1, 7, 8 and 11 in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062 ("Lexington Park Subdivision"). II. Common Area: A. All portions of each Lot described in Section I. above, outside of the Homes on the Lot. B. Blocks B and F in Lexington Park Subdivision. PINs: 09-17-203-004, 005, 006, 007, 008, 010, 011, 012, 013, 014, 015, 016, 017, 018, 019, 021, 027, 028, 030, 032, 034, 035, 036, 037 and 038 Addresses: Various addresses on Evergreen Avenue, Harding Avenue and Laurel Avenue, all in Des Plaines, Illinois. 132562: 005: 00255459 DOC .11 ) 3 Attachment 1 Page 81 of 155 • T111S INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MELTZER, PORT ILL & STELLE LLC /515 East Woodfield Road Second Floor Schaumburg, Illinois 60/73-5931 PINs: See Exhibit B LQII 9 r 11 Docli: 1018944118 Fee: $44.00 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 07/08/2010 02:28 PM Pg: 1 of 5 ABOVE SPACE FOR RECORDER'S USE ONLY 06/21/10 SUPPLEMENT NO. 1 TO DECLARATION FOR LEXINGTON PARK TOWNHOMES This Supplemental Declaration is made by Lexington Des Plaines I LLC, a Delaware limited liability company ("Declarant"). RECITALS r'/'/- yssyao6/ Declarant recorded Declaration for Lexington Park Townhomes in the Office of the Recorder of Deeds for Cook County, Illinois October 3, 2008, as Document No. 0827733128 ("Declaration"). In Article Twelve of the Declaration, Declarant reserved the right and power to annex, add and subject certain real estate to the Declaration by making portions of the Development Area subject to the Declaration as part of the Premises. Declarant desires to exercise the right and power reserved in Article Twelve to add and submit certain real estate to the provisions of the Declaration as part of the Premises. NOW, THEREFORE, Declarant does hereby supplement and amend the Declaration as follows: 1. Terms. All Terms used herein, if not otherwise defined herein, shall have the meanings set forth in the Declaration. 2. Added Premises. Those portions of the Development Area which are legally described in Sections I.B. and II.C. of the First Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Premises" 3. Added Parcels. Those portions of the Added Premises which are legally described in Section I.B. of the First Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Parcels". (32562. 005: 00255459 DOC :8 } EXHIBIT B - Page 1 Attachment 1 Page 82 of 155 • • 4. Added Common Area. Those portions of the Added Premises which are legally described in Section II.C. of the First Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Common Area". 5. Amendment of Exhibit B. To reflect the addition of real estate to the Premises as set forth in the Paragraphs above, Exhibit B to the Declaration is hereby amended and restated to be as set forth in the First Amended and Restated Exhibit B to the Declaration which is attached hereto. 6. Covenants to Run with Land. The covenants, conditions, restrictions, and easements contained in the Declaration, as amended by this Supplemental Declaration, shall run with and bind the Premises, including the Added Premises. 7. Continuation. As expressly hereby amended, the Declaration shall continue in full force and effect in accordance with its terms. Dated: �(�/1� l/9 , 2010 DECLARANT: LEXINGTON DES PLAINES I LLC, a Delaware limited liability company By: Lexingto liabili mes L.L.C., an Illinois limited ole member enach, a member Attachment 1 Page 83 of 155 • STATE OF ILLINOIS ) COUNTY OFe4.10(C ) SS (co 04 6 SCLt if , a Notary Public in andfor said County and State, do hereby certify that Jeffrey Benach, a member of Lexington Homes L.L.C., an Illinois limited liability company, which is the sole member of Lexington Des Plaines I LLC, a Delaware limited liability company (the "Company"), appeared before me this day in person and acknowledged that he/she signed, sealed and delivered said instrument as his/her free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this PI day of Tine , 2010. Attachment 1 Notary Public OFFICIAL SEAL KAREN E SCHELL NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:08107/12 Page 84 of 155 CONSENT OF MORTGAGEE Cole Taylor Bank, as holder of a mortgage dated August 29, 2007, and recorded in the office of the Recorder of Deeds of Cook County, Illinois, on September 4, 2007, as Document No. 0724733014, with respect to the Parcel, hereby consents to the recording of the Declaration to which this Consent is attached and agrees that its mortgage shall be subject to the terms of this Declaration, as supplemented and amended from time to time. Dated: 6-2-9 , 2010 COLE TAYLOR 1-AN15/ By: Its STATE OF ILLINOIS ) //�� ) SS. COUNTY OF t=o 0 ) ,:J- V Ale undersigned, a Notary Public in and for said County and State, do hereby certify that t �c -l� •• . tom s the S ,\/ . 'P • of Cole Taylor Bank (the "Mortgagee"), -a peared before me this day in person and acknowledged that [he][she] signed, sealed and delivered said instrument as [his][her] free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and.•poses therein set forth. GIVEN under my hand and No.. Seal this2 ? ay of +. � , X010. "OPP' ri J. SEAL' DEEO`:'�M B 4ATHAM NOTARY' STATE OF ILLINOIS M Gomm, on Expires 09!0212010 Attachment 1 Notary Public Page 85 of 155 7I1S INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MEL7ZER, PURTILL & STELLELLC 1515 East Woodfield Road Second Floor Schaumburg. Illinois 60173-5431 PINs: See Exhibit B 1111 s �Y as Doc#: 1025934058 Fee: $46.00 Eugene "gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 09/16/2010 01:13 PM Pg: 1 of 6 ABOVE SPACE FOR RECORDER'S USE ONLY 09/07/10 SUPPLEMENT NO. 2 TO DECLARATION FOR LEXINGTON PARK TOWNHOMES This Supplemental Declaration is made by Lexington Des Plaines I LLC, a Delaware limited liability company ("Declarant"). RECITALS Declarant recorded Declaration for Lexington Park Townhomes in the Office of the Recorder of Deeds for Cook County, Illinois October 3, 2008, as Document No. 0827733128 ("Declaration"). In Article Twelve of the Declaration, Declarant reserved the right and power to annex, add and subject certain real estate to the Declaration by making portions of the Development Area subject to the Declaration as part of the Premises. Declarant exercised the right and power reserved in Article Twelve by Recording Supplement No. 1 to Declaration on July 8, 2010, as Document No. 1018944118. Declarant once again desires to exercise the right and power reserved in Article Twelve to add and submit certain real estate to the provisions of the Declaration as part of the Premises. NOW, THEREFORE, Declarant does hereby supplement and amend the Declaration as follows: 1. Teens. All Terms used herein, if not otherwise defined herein, shall have the meanings set forth in the :Declaration. 2. Added Premises. Those portions of the Development Area which are legally described in Sections I.C. and II.D. of the Second Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Premises" (32562: 005: 00577380. DOC :2 Urder: [Quickview] Doc: 10[5934U5t1—i/U31 Public Record PgeiOb r Prima: 4/-1.3/ to 9:[9:11 AM CSI Attachment 1 Page 86 of 155 1025934058 Page' 2 of 6 1 SECOND AMENDED AND RESTATED EXHIBIT B TO DECLARATION FOR LEXINGTON PARK TOWNHOMES The Premises 1. Lots: The following described lots shall be divided into Parcels as described in Section 1.19 of the Declaration to which this Exhibit is attached: A. Lots 1, 7, 8 and 11 in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062 ("Lexington Park Subdivision"). B. Lots 6, 10, 12, 14, 15 and 16 in Lexington Park Subdivision. C. Lot 13 in Lexington Park Subdivision. H. Common Area: A. All portions of each Lot described in Section L above, outside of the Homes on the Lot. B. Blocks B and F in Lexington Park Subdivision. C. Block C in Lexington Park Subdivision. D. Blocks D, G, H, K and L in Lexington Park Subdivision. PINs: 09-17-203-004/005/006/007/008/0] 0/011/012/013/014/015/016/017/018/019/021/027/ 028/030/032/034/035/036/037/038 Addresses: Various addresses on Evergreen Avenue, Harding Avenue, Laurel Avenue and Willow Avenue, all in Des Plaines, Illinois. (32562: 005: 00577380.DOC :2 } 1 Urder: [Qulckvlewl uoc: 1U2b9s4U58ti 11031 Attachment 1 Public Record rage z of b Created By: awalkmgton Prima. 4/ 13/LOi l 9:2`3:11 AM1P(cs 1 Page 87 of 155 1025934058 Page 4 of 6 STATE OF ILLINOIS ) ) SS COUNTY OF 600,L. ) I, Kayy, Selte.(/ , a Notary Public in and for said County and State, do hereby certify that Wayne Moretti, Manging Member of Lexington Des Plaines I LLC, a Delaware limited liability company (the "Company"), appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this l'day of September, 2010. ge/t/— Notary Public OFFICIAL SEAL KAREN E SCHELL NOTARY PUSUC . STATE OF ILLINOIS MY COMMISSION EXPIRESA9l07112 (32562: 005: 00577380.DOC :2 ) Public Record Order: [QuIcKvIeW] Doc: 1u15934U5a^'1/031 vage 4 of b Creates By: awaikington vented: 4/lazuli 9:29:11 AM I.JI Attachment 1 Page 88 of 155 1025934058 Page: 5 of 6 CONSENT OF MORTGAGEE Cole Taylor Bank, as holder of a mortgage dated August 29, 2007, and recorded in the office of the Recorder of Deeds of Cook County, Illinois, on September 4, 2007, as Document No. 0724733014, with respect to the Parcel, hereby consents to the recording of the Declaration to which this Consent is attached and agrees that its mortgage shall be subject to the terms of this Declaration, as supplemented and amended from time to time. Dated: .Jt, tf k en. j Q , 2010 COLE TAYLOR B�N By: V'✓ v" Its ur V,7 STATE OF ILLINOIS ) ) SS. COUNTY OFA) The undersigned, a Notary Public in and for said Co+u�n and State, do hereby certify that �Ila,1 the _ S J of Cole Taylor Bank (the "Mortgage"), appeared before me this day in person and acknowledged that [hej[she] signed, sealed and delivered said instrument as [hisj[her] free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this /b a of ►OF F CIAL SE MARISOL HEREDIA NOTARY PUBUC, STATE OF ILUNOIS ,� , x51.01 x Ices 4l1 ti120i1 ary Public 2010. • .• IP'' ." 1. 1 • '1 : Attachment 1 Public Record page s of 6 Lreared Isy: awarkfilgon Prima: 4/1J/Lu11 9:19:11 AM CS I Page 89 of 155 1025934058 Page 6 of 6 1 SECOND AMENDED AND RESTATED EXHIBIT B TO DECLARATION FOR LEXINGTON PARK TOWNIIOMES The Premises Lots: The following described lots shall be divided into Parcels as described in Section 1.19 of the Declaration to which this Exhibit is attached: A. Lots 1, 7, 8 and 11 in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062 ("Lexington Park Subdivision"). B. Lots 6, 10, 12, 14, 15 and 16 in Lexington Park Subdivision. C. Lot 13 in Lexington Park Subdivision. II. Common Area: A. All portions of each Lot described in Section I. above, outside of the Homes on the Lot. B. Blocks B and F in Lexington Park Subdivision. C. Block C in Lexington Park Subdivision. D. Blocks D, G, H, K and L in Lexington Park Subdivision. PINs: 09-17-203-004/005/006/007/008/010/011 /012/013/014/015/016/017/018/019/021/027/ 028/030/032/034/035/036/037/038 Addresses: Various addresses on Evergreen Avenue, Harding Avenue, Laurel Avenue and Willow Avenue, all in Des Plaines, Illinois. (32562: 005: 00577380.DOC :2 } Public Record uroer: [Qu cKv ew] uoc NLage 6 o Attachment 1 Created by. awailangton Nnn[eo: 4/13/LOl1. 9:L9:12 RM LS I Page 90 of 155 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MELTZER, P URTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg, Illinois 60173-5431 PINs: See Exhibit B 111111111111111111111111111111 Doc#: 1132719034 Fee: $44.00 Eugene -Gene" Moore RHBP Fee:$10.00 Cook County Recorder of Deeds Date: 11/23/2011 09:12 AM Pg: 1 o15 ABOVE SPACE FOR RECORDER'S USE ONLY SUPPLEMENT NO. 3 TO DECLARATION FOR LEXINGTON PARK TOWNHOMES C.) INkThis Supplemental Declaration is made by Lexington Des Plaines I LLC, a Delaware limited liability company ("Declarant"). I'M y-fleaG 11' RECITALS Declarant recorded Declaration for Lexington Park Townhomes in the Office of the Recorder of Deeds for Cook County, Illinois October 3, 2008, as Document No. 0827733128 ("Declaration"). In Article Twelve of the Declaration, Declarant reserved the right and power to annex, add and subject certain real estate to the Declaration by making portions of the Development Area subject to the Declaration as part of the Premises. Declarant exercised the right and power reserved in Article Twelve by Recording the following documents: Document Supplement No. 1 Supplement No. 2 Recording Date 07/08/10 09/16/10 Recording No. 1018944118 1025934058 Declarant once again desires to exercise the right and power reserved in Article Twelve to add and submit certain real estate to the provisions of the Declaration as part of the Premises. NOW, THEREFORE, Declarant does hereby supplement and amend the Declaration as follows: 1. Terms. All Terms used herein, if not otherwise defined herein, shall have the meanings set forth in the Declaration. 2. Added Premises. Those portions of the Development Area which are legally described in Sections I.D. and II.E. of the Third Amended and Restated Exhibit B attached hereto are hereby maS part of the Premises as "Added Premises". (32562: 005: 00801903.DOC : Attachment 1 3 Page 91 of 155 • 3. Added Parcels. Those portions of the Added Premises which are legally described in Section I.D. of the Third Amended and Restated Exhibit B attached hereto is hereby made part of the Premises as "Added Parcels". 4. Added Common Area. Those portions of the Added Premises which are legally described in Section II.E. of the Third Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Common Area". 5. Amendment of Exhibit B. To reflect the addition of real estate to the Premises as set forth in the Paragraphs above, Exhibit B to the Declaration is hereby amended and restated to be as set forth in the Second Amended and Restated Exhibit B to the Declaration which is attached hereto. 6. Covenants to Run with Land. The covenants, conditions, restrictions, and easements contained in the Declaration, as amended by this Supplemental Declaration, shall run with and bind the Premises, including the Added Premises. 7. Continuation. As expressly hereby amended, the Declaration shall continue in full force and effect in accordance with its terms. Dated: /0 (Z-- , 2011 DECLARANT: LEXINGTON DES PLAINES I LLC, a Delaware limited liability company By: (32562: 005: 00801903.DOC: ) Wayne M i, Mana g Member Attachment 1 Page 92 of 155 • STATE OF ILLINOIS ) ) SS COUNTY OF (1O' ) ' t2 a Notary Public in and for said County and State, do hereby certify that Wayne Moretti, Manging Member of Lexington Des Plaines I LLC, a Delaware limited liability company (the "Company"), appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this)O1 day of ecAG6eY' , 2011. (32562: 005: 00801903.DOC : ) Attachment 1 Notary Public OFFICIAL SEAL KAREN E SCHELL `JOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:08107/12 4/�M Page 93 of 155 1 CONSENT OF MORTGAGEE Cole Taylor Bank, as holder of a mortgage dated August 29, 2007, and recorded in the office of the Recorder of Deeds of Cook County, Illinois, on September 4, 2007, as Document No. 0724733014, with respect to the Development Area, as amended from time to time, hereby consents to the recording of the Declaration to which this Consent is attached and agrees that its mortgage shall be subject to the terms of this De laration,,,��as supplemented and amended from time to time. Dated: d\IOV J g , 2011 COLE jTAYLOR BANK By: Y( �9 Its 4, S1D -i�ifi STATE OF ILLINOIS ) ) SS. COUNTY OF The undersigned, a Notary Public in and for said County and State, do hereby certify that the 1/zz5 fiza 3 64-73-- of Cole Taylor Bank (the "Mortgagee"), appeared before me this day in person and acknowledged that [he][she] signed, sealed and delivered said instrument as [his][her] free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 2/2/ day of 411/64-(•5S2 , 2011. 132562. 005 00801903 DOC ) Attachment 1 eon '93 A4BnJgei sei!dx3 uolssmuio3 Aye s!ow11110 erns •ollgnd AmoN 1V3S-W101ddO aVZ VaaNVS ]�L Page 94 of 155 • THIRD AMENDED AND RESTATED EXHIBIT B TO DECLARATION FOR LEXINGTON PARK TOWNHOMES The Premises I. Lots: The following described lots shall be divided into Parcels as described in Section 1.18 of the Declaration to which this Exhibit is attached: A. Lots 1, 7, 8 and 11 in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062 ("Lexington Park Subdivision"). B. Lots 6, 10, 12, 14, 15 and 16 in Lexington Park Subdivision. C. Lot 13 in Lexington Park Subdivision. D. Lots 2, 5, 9, 17, 22 and 23 in Lexington Park Subdivision. eII. Common Area: A. All portions of each Lot described in Section I. above, outside of the Homes on the Lot. B. Blocks B and F in Lexington Park Subdivision. C. Block C in Lexington Park Subdivision. D. Blocks D, G, H, K and L in Lexington Park Subdivision. E. Blocks E and I in Lexington Park Subdivision. PINs: 09-17-203-039; 09-17-203-042 through 09-17-203-047; 09-17-203-049 09-17-212-001 through 09-17-212-023; 09-17-213-002 through 09-17-213-007; 09-17-214-003 through 09-17-214-009 { 32562: 005: 00801903. DOC . } Attachment 1 Page 95 of 155 THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Brian Meltzer MELTZER. PURTILL & STELLE LLC 1515 East Woodfield Road Second Floor Schaumburg. Illinois 60173-5431 PINs: See Exhibit B 11111111111111111101111111111 Doc#: 1228649002 Fee: $44.00 Eugene `Gene` Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 10/12/2012 09:18 AM Pg: 1 of 4 ABOVE SPACE FOR RECORDER'S USE ONLY SUPPLEMENT NO. 4 TO DECLARATION FOR LEXINGTON PARK TOWNHOMES This Supplemental Declaration is made by Lexington Des Plaines I LLC, a Delaware limited liability company ("Declarant"). RECITALS Declarant recorded Declaration for Lexington Park Townhomes in the Office of the Recorder of Deeds for Cook County, Illinois October 3, 2008, as Document No. 0827733128 ("Declaration"). In Article Twelve of the Declaration, Declarant reserved the right and power to annex, add and subject certain real estate to the Declaration by making portions of the Development Area subject to the Declaration as part of the Premises. Declarant exercised the right and power reserved in Article Twelve by Recording the following documents: Document Supplement No. 1 Supplement No. 2 Supplement No. 3 Recording Date 07/08/10 09/16/10 11/23/11 Recording No. 1018944118 1025934058 1132719034 Declarant once again desires to exercise the right and power reserved in Article Twelve to add and submit certain real estate to the provisions of the Declaration as part of the Premises. NOW, THEREFORE, Declarant does hereby supplement and amend the Declaration as follows: 1. Terms. All Terms used herein, if not otherwise defined herein, shall have the meanings set forth in the Declaration. 2. Added Premises. Those portions of the Development Area which are legally described in Section I.E. of the Fourth Amended and Restated Exhibit B attached hereto are hereby made part of the Premises as "Added Premises". (32562: 005: 00990667.DOC : ► Attachment 1 Page 96 of 155 3. Added Parcels. Those portions of the Added Premises which are legally described in Section I.E. of the Fourth Amended and Restated Exhibit B attached hereto is hereby made part of the Premises as "Added Parcels". 4. Added Common Area. There is no additional Common Area being added with this Supplement No. 4. 5. Amendment of Exhibit B. To reflect the addition of real estate to the Premises as set forth in the Paragraphs above, Exhibit B to the Declaration is hereby amended and restated to be as set forth in the Fourth Amended and Restated Exhibit B to the Declaration which is attached hereto. 6. Covenants to Run with Land. The covenants, conditions, restrictions, and easements contained in the Declaration, as amended by this Supplemental Declaration, shall run with and bind the Premises, including the Added Premises. 7. Continuation. As expressly hereby amended, the Declaration shall continue in full force and effect in accordance with its terms. Dated: September, 2012 DECLARANT: LEXINGTON DES PLAINES I LLC, a Delaware limited liability company By: (32562: 005: 00990667.DOC : Attachment 1 Wayne Mote1},1Vlan ing Member Page 97 of 155 • STATE OF ILLINOIS ) ) SS COUNTY OF OnOW- ) t?'je'L q' , a Notary Public in and for said County and State, do hereby certify that Wayne Moretti, Manging Member of Lexington Des Plaines I LLC, a Delaware limited liability company (the "Company"), appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of the Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal is at, day of September, 2012. Notary Public OFFICIAL SEAL KAREN E SCHELL NOTARY PUBUC-8TATE OF LOOS MY COMINSMIXPIIMOSWil (32562: 005: 00990667.DOC : ) Attachment 1 Page 98 of 155 FOURTH AMENDED AND RESTATED EXHIBIT B TO DECLARATION FOR LEXINGTON PARK TOWNHOMES The Premises I. Lots: The following described lots shall be divided into Parcels as described in Section 1.18 of the Declaration to which this Exhibit is attached: A. Lots 1, 7, 8 and 11 in Lexington Park, being a subdivision of Part of the West Half of the Northeast Quarter and Part of the East Half of the Northwest Quarter, all in Section 17, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois, pursuant to the plat thereof recorded in Cook County, Illinois on March 31, 2008, as Document No. 0809116062 ("Lexington Park Subdivision"). B. Lots 6, 10, 12, 14, 15 and 16 in Lexington Park Subdivision. C. Lot 13 in Lexington Park Subdivision. D. Lots 2, 5, 9, 17, 22 and 23 in Lexington Park Subdivision. E. Lots 21 and 24 in Lexington Park Subdivision. II. Common Area: A. All portions of each Lot described in Section I. above, outside of the Homes on the Lot. B. Blocks B and F in Lexington Park Subdivision. C. Block C in Lexington Park Subdivision. D. Blocks D, G, H, K and L in Lexington Park Subdivision. E. Blocks E and I in Lexington Park Subdivision. PINs: 09-17-203-039; 09-17-203-040 through 09-17-203-047; 09-17-203-049; 09-17-212-001 through 09-17-212-010; 09-17-212-016 through 049; 09-17-213-002 through 09-17-213-007; 09-17-214- 003; 07-09-214-006; 09-17-214-008 through 09-17-214-030 32562: 005: 00990667.DOC : ) Attachment 1 Page 99 of 155 OVERALL LEXINGTON PARK STORMWATER DISCHARGES TO WELLER CREEK, EAST OF SITE WELLER CREEK DRAINS THROUGH WILLOW PARK THEN INTO TWO 6' X 9' BOX CULVERTS AND PROCEEDS UNDERGROUND VIA STORM SEWER TOWARDS THE SOUTHEAST. EAST OF ROUTE 45, THE CREEK ZONE CONTINUES TOWARDS THE DES PLAINES RIVER.— SANITARY FROM SITE DRAINS TO EXISTING 10" SAN. ALONG WILLOW AVE. AND EXISTING 10" SAN ALONG EVERGREEN AVE. XINGTON PARK PHASE TWO 254 N. LAUREL AVENUE, DES PLAINES, ILLINOIS (LEXINGTON PARK) PHASE II AREA LOCATED AT NORTHEAST CORNER OF WESTERN AVE AND HARDING AVE EX. 12" SAN. SEWER NORTH (CITY OF DES PLAINES) III0o1IIIIIIIIIbhII. LOCATION MAP INDEX —WELLER CREEK 1 • COVER SHEET —(2) 6'x9' BOX CULVERTS @ S.E. CORNER 2. SPECIFICATIONS WILLOW PARK 3. SPECIFICATIONS WILLOW AVE 4 10" SAN.ICIIVOF DESPLAINES, EVERGREEN AVE �C] 1 0" SA N.ICIIY OF DES PLAINES, •v • SANITARY DRAINS TO "MAINE" SEWER 6, ( MWRDGC CONTRACT 08 SEWER) "MAINE" SEWER (MWROGC CONTRACT 08 SEWER) EX. 12" SANITARY SEWER (CITY OF DES PLAINES) BENCH MARKS: CITY OF DES PLAINES BENCHMARK # 68 ELEVATION = 631.605 ELEVATION USED ON PLANS = 632.355 LOCATION: MONUMENT SET IN CONCRETE ON N. SIDE OF WILLOW ROAD AVE. 14' NORTH OF E/P OF WILLOW ACROSS FROM #1381 WILLOW (SUBTRACT 0.75' FROM ALL ELEVATIONS SHOWN ON PLANS TO OBTAIN CURRENT CITY DATUM) CALL JULIE 1-800-892-0123 N. THE FOLLOW/NG: COUNTY COON G?Y -rrYk$H1P_ DES PLAINES•T41N RI2E SEC & 1/4 SEC. N0.8EC.17 • NE 1N 48 Hours Before You Dig EXCLuDISS SAT..Suk. & HOLIDAYS "To the best of our knowledge and belief, the drainage of surface waters will not be changed by the construction of this development or any part thereof, or, that if drainage will be changed, reasonable provisions have been made for collection and diversion of such surface waters into public areas, or drains approved for use by the City Engineer, and that such surface waters are planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to adjoining properties because of the construction of this development." SEAL Registered Professional Engineer Owner or Owner's Duly Authorized Agent OVERALL SITE PLAN GEOMETRICS AND STREET LIGHTING PLAN GRADING PLAN w/ EROSION CONTROL REQUIRED DETENTION FOR PHASE II AREA INCLUDED IN PHASE I 7. EROSION CONTROL NOTES 8. UTILITY PLAN 9. DETAILS 10. DETAILS 11. DETAILS STREET LIGHTS TO BE SAME AS PHASE I AND SHALL UTILIZE THE SAME CONTROLLER DEVELOPER: LEXINGTON DES PLAINES 1, L.L.C. 1732 N. MARCEY - SUITE 200 CHICAGO, IL. 60014 (773) 360-0300 CONSULTING ENGINEERS: PEARSON, BROWN & ASSOCIATES, INC. 1850 W. WINCHESTER ROAD - SUITE 205 LIBERTYVILLE, IL. 60048 (847) 367-6707 PERMIT NUMBER I.E.P.A. N.O.I. ILR101257 (TO REMAIN IN PLACE FOR PHASE II) I.E.P.A. WATER MAIN 0928-FY2013 DATE ISSUED AUGUST 11, 2008 APRIL 25, 2013 LEGEND EXISTING PROPOSED cY (T/F 600.00 (F/G 602.0) ,-6000 ,T/C 6/0801 lF/L 600801 - 0 0 -0( CTJ T/F 600.0 F/0 6000 _6co.o r/C 60200 60280 +60D--- 0.0000, 17.60003 Hi0080 SANITARY SEWER FORCE MAIN STORM SEWER COMBINED SEWER WATER MAIN DRAIN TILE MANHOLE CATCH BASIN INLET VALVE VAULT FIRE HYDRANT STREET UGHT FLARED END SECTION HEADWALL LIFT STATION TRIPLE BASIN GREASE BASIN B 6.12 CURB & GUTTER 11.6.12 REVERSE PITCH CURB & GUTTER DEPRESSED CURB GUARD RAIL FENCE OAS MAIN TELEPHONE CABLE ELECTRIC CABLE UTILITY POLE PEDESTAL TRANSFORMER DECIDIOUS TREE. DIAMETER EVERGREEN TREE. HEIGHT TOP OF FOUNDATION FINISHED GRADE SPOT ELEVATION TOP OF CURB ELEVATION FLOW LINE OF GUTTER CONTOUR DITCH OVERLAND FLOW POSITIVE DRAINAGE RIM ELEVATION INVERT ELEVATION ORIGINAL ISSUE DATE: OCTOBER 31, 2008 REVISED JULY 29 2010 REVISED AUGUST= 6 2010 REVISED APRIL 20,201'22010 REVISED OCTOBER 25 2012 REVISED MARCH 22 2013 REVISED APRIL 12 2013 REVISED MAY 23, 2013 SHEET NUMBER co OF 11 SHEETS Attachment 1 Page 100 of 155 LEXINGTON PARK PHASE TWO RFSFRVFn 0 40 0 0 tiTh CEKRK MRS r. SCnG AM NATER LDPoKKUDS STNONO 323*1 :AMM STAQMD SRCfKATONS WASS OTTO.. SNOW . TK APPROVED CW [RNC PLANS F. ALL S.M .., SELKP OP WATER L.0. OWS7RATASO WALT. BC S1NOM0 SRC(KATKNS PR NATO, ND SERO, LAIN CO67RAMN N LIMOS. LATEST WT. R A COELCT BEi*TEN M APPROKD 0010700 RAW AAO S110M0 SPEPICAT OW IXCAK, Or /AMMO NOKOBO ROS 702E PRC72ENCE NO RILL COVEAN 705E 5700020 0E7*L5 Not CONSK(10 TO BC PMT . INC PLANK. TK STNgNq SPECTCA1ONS. ALC55 OWSWIR SOMI . TK APPRO. PALER. RN6,r. NA ST.0 SER. 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MI NNP /OLD PPEVRI A LATER.N M TEN ar T. A SER. LAT OC 0.0SOR MANRN R70100ET TO RATER LAN PPONED TNA! NC NO TER LAN NNERt 6 AT LEAST P.M .045 mon 1. C.. OF INC SERER, NO OE 1TTM WOLF L�oCAW rO EEOASK a n( SEtCTPRTWI' ESLD TO OBTAIN WPC. MR:.T. NO ARTS. SEPMATgN AS DESCRIBED 0* Kpw. C ANT * BOTH T. 04 001.01(1 Ruono AND �I BE C.STRWTED ESYD CONCRETE PPE �„YO{N PPE CMALY. Nn 0* ROIL RATER YPRT DES. SMOMDS Of THE ACONCr, NO BE PRESXRE IESTEO 70 MUNE RARRT.IKSS BOWE KIPS .JSSNO RATER NAPO SwLL BE LAO TO PROVCE A Io w. vGTK. 061NKE R O MKS K1REE. DE DOKE . M NATER 021 AND DC MS. OEM SOLER. DR SALL BEM CASE DERE TK NAT. LAN 6 00005E 7.55 *L TK .r6 Stott R 00* 03 SO THAT PoSSRE FRYOm iRERK RARER uANnJM S I TE TFT 6 WSSSE. TO OBTAIN PROPER KMKt SEPARATIONS STREAM NOOK, R TK SENOR 6 SOK TK /SEP R+N,ME OP TK fOLLORO KNOD5 MIST BE SPECYCD A THE SENER 904.1. K WO. ND CCAISOAC7ED EOL[ 10 RATER PPE. MR MSSLR[ TESTED TO MUNERAT.TODKSS PR. TO O1LAO 0 *TKR M *ATP ROT. Of IK SOAP LK 0.Y K ENCASE0 N A =FARERTr}D CAPPER PM ExTE q RLI Z % SEES 0r TK .KASWED 010 Or Of AM TI K LRE TNA7 6 NOI *2 *07* =FARM, R � L ec a wIIA/s APPRwED r. wl N .A0. ALL Mr NON. 000S(0 SOARS SNAIL K 71111E N PEEP. 000 .l NNIRO. 00ME51N15 .L C.SIRUCTKN SHALL COPA TO TK Ll K RWLNENDED S(NDMDS FOA SERAIL 110 700 TEST E 56.100(0(41 BY TK or PA. El0C* r. CONLKTS NOH M *RRA. SENOR PERU N0 NINON. Y FROCEOVES CFDMNEES. DEERE NE VWPD. °MIKES 5704.1 EAE PRECEDENCE CUCILE PON FK SRA,0 CONEM . MLA 21ST MNRA C-60, CUSS THPAESS DESC(D PER ANDA 2150 1.0.A C-60.TM oSEKT COATED NOT. aKNNT LNED PER MLA 2. (ANNA C -IOD, PNM W.A.& . MODER RING TLD •LUL . Po.. ANTS. *020C3302130001( 60 Al SANTO, I.ANKUS, IN0 51.02 *A*6EF5 N COL0CD *NMR MCAS,. ALL 0.V( A wpm. 7 NN0TER M A6-. MD SNAIL DE CST N Ps.. CPPRE-CAST? (0REK.CED COI.FTC FUNKS CC...TOM AMT. CARO.. TO Asn C•L35 NO OE RFONRFD AT LL L tE PPE COKECTKM SANTO/ SEA. TESTA. NOTES Lk SNa1MT SENORS x11130* S.0KC LKS SN.I K ALECTO, i0 OTT. M ML1PAT0N TEST . AP TEST. MO APPLE.* DEFLECTOR 057 BT M C.7N<T. .200000E PPL7RA1ON ANLL NON EACEED 370 GALLONS PCR N HORS. RR VIE. PEN NCN.Cw(RR. PPC IK C.1.1. ANLE COORLNArz AlE TESTNG S0 TN01 rt C. R RDKSSED BT TK CRT PACO. OTT PLEAS MONS RPMTKM .OA. SANTA. DSTRO AS APPP.N-tTC PK SERER PPC K USED r. SAMMY SOMAS. A [ERECTION TEST AS OUILKD N M STANDARD acanA1gN5 AWE R PROVKD. COL.,. KTIP. r. REA(E RPC 502 SENOR SAKE R PDPOIKD .0.1001)0 KTKDS RS.OED N T. STAND.. NO SMCSICATONS pRATER NRU O SUER LAN CONSTCTION ALTOS. S. ED. LAT. 496 ALL YM*S CO R vOCOTAPED AP7ER FOu00r0N CCM.UCD. NO TAPES 9010IIrz0 TO CDT r. APPRO.. CITY OF DES PLAINES ENGINEERING DEPT. STANDARDS SHALL SUPERCEDE ALL OTHERS Attachment 1 a 3 0 0 g Soli SHEET NUMBER 3 OF '!L SHEETS ISL Page 102 of 155 EX. R,O.W. PHASE II AREA = MWRDGC PERMIT # 13-080 E ET!WE Moe, —AREA DEDICATED FOR PUBLIC ROADWAY PURPOSES PER PLAT RECORDED 3-31-08 TO BE DEDICATED FOR PUBLIC ROADWAY PURPOSES EX. R.O.W. EXISTING PAVEMENT 0.89 AC -FT DETENTION POND 'B" r LEXINGTON PARK MWRDGC ORIGINAL PEMIT # 07-271 ALL PHASE I WORK COMPLETED UNDER ORIGINAL MWRDGC PERMIT #07-271 INCLUDING PONDS A & B AND UNDERGROUND STORAGE IN PARKS #1 AND #2 - AS SHOWN PHASE II AREA ORIGINALLY INCLUDED IN PERMIT #07-271 PHASE II STORMWATER TRIBUTARY TO FACILITIES IN PHASE I AS REQUIRED 3f1N3AV ONI02IVH 4 WILDFLOWER U V U LEXINGTOF4 P /2 mm z� C G) rn m m z mos Niomm 0.68 AC -FT PARK #2 WITH UNDERGROUND DETENTION /5 LAUREL AVENUE /0 r O m 1 z c m Attachment 1 o _ w J r Q U NORTH d a DESCRIPTION REVISIONS OVERALL SITE PLAN SHEET NUMBER OF ++ SHEETS Page 103 of 155 NOTE: WESTERN AVENUE TO BE IMPROVED FROM STONEGATE DEVELOPMENT TO SITE ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED EX. R.O.W. CONNECT PROPOSED CURB & GUTTER TO EXISTING CURB & GUTTER WESTERN AVENUE EX. R.O.W. (SCHV\Al r . DEPRESSED CURB AND GUTTER REMOVE EXISTING 8-6.12 CURB & GUTTER (TYPICAL) REMOVE EXISTING WALK M DEPRESS CURB REMOVE EXISTING MONUMENT SIG RELOCATE EX. STREET LIGHT EXISTING PAVEMENT m 0 EXISTING SIDEWALK AND CURB TO BE REMOVED AND SIDEWALK DEPRESS RELOCATED AS NEEDED (TYPICAL) EXISTING DRIVEWAY APRON - TO BE REMOVED & RESTORED WITH TOPSOIL & SOD EXISTING DEPRESSED CURB & GUTTER TO BE REMOVED & REPLACED WITH B-6.12 CURB & GUTTER PROPOSED B-6.12 CURB AND GUTTER (TYPICAL) PROPOSED 5' SIDEWALK (TYPICAL) AREA PREVIOUSLY DEDICATED FOR PUBLIC ROAD PURPOSED PER PLAT RECORDED 3-31-08 DEPRESS CURB PROPOSED AREA TO BE DEDICATED FOR PUBLIC ROAD PURPOSES DETECTABLE WARNINGS SHALL BE'METADOME- CS EXISTING STREET LIGH __f (TYPICAL) L ;I -VI XISTING WALK (TYPICAL) 3f1N3AV JNIQdVH IER CURB C6ONNECT PROPOSED 3-6.12 CURB & GUTTER TO EXISTING B-6.12 CURB & GUTTER DETECTABLE WARNINGS SHALL BE 'METADOME' EX. 24' OF DEPRESSED CURB & GUTTER TO BE REMOVED & REPLACED WITH PROPOSED B-6.12 CURB & GUTTER I � —EX. 60' OF rDEPRESSED CURB &G> R TO BE REMOVED & REPLACED WITH PROPOSED B-6.12 CURB & GUTTER ROPOSED STREET LIGHT ( PICAL) STREET SHALL BE THE SAME AS IN PHASE I AND SHALL CONNECT TO THE SAME CONTROLLER 2 REMOVE EXISTING B-6.12 CURB & GUTTER PROPOSED 4' SIDEWALK------ (TYPICAL) IDEWALK—(TYPICAL) EXISTING 8-6.12 CURB & GUTTER PROPOSED 5' SIDEWALK (TYPICAL) (TYPICAL) 2 PROPOSED CURB RAMP (TYPICAL) WILDFLOWER - R MOVE 69' EXISTING 6-6.12 CURB & GUTTER AND REPLACE WITH DEPRESS CURB LEXINGTON PARK PHASE ONE /7 z W W etw w w wQ 1 EX. 30' F DEPRESSED CURB 4, GUTTER TO BE REMOVED & REPLACED WITH PROPOSED B-6.12 CURB & GUTTER STREET II Attachment 1 U� zW w z co 2 LLJ I— _ c.) V% u v1 ca z 0 m z 0 U) re W a 8 DESCRIPTION m 0 qz a Z Z <I= U= 1- w cn �w w SHEET NUMBER OF 1+ SHEETS Page 104 of 155 ALL RIGHTS RESERVED COPYRIGHT 2Q12 PEARSON. BROWN & ASSOC! CONNECT TO EXISTING CURB FROM STONEGATE DEVELOPEMENT PROVIDE INLET BARRIER FILTER FOR ALL DRAINAGE STRUCTURES AFTER CONSTRUCTION (TYPICAL) (SCHWAKE STONE CO.INC., a_/DC 63!".34 :,ALLE-Y WESTERN AVENUE NOTES: WESTERN AVENUE TO BE IMPROVED FROM STONEGATE DEVELOPMENT TO SITE ALL GRASS AREAS TO BE SODDED CONTRACTOR SHALL VERIFY LOCATION & ELEVATION OF ALL EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION EXISTING PAVEMENT "F/F" REFERS TO "FINSHED GARAGE FLOOR" GRADE AT GARAGE DOOR LOCATION INSTALL SILT FENCE 1' INSIDE PROPERTY LINE PRIOR TO START OF CONSTRUCTION (TYPICAL) DES PLAINES GPS MONUMENT 668 NORTHEAST OF PHASE II AREA ALONG WILLOW AVE EAST OF LAUREL AVE MONUMENT SET IN CONCRETE ON THE NORTH SIDE OF WILLOW AVE 14' NORTH OF EDGE OF PAVEMENT OF WILLOW ACROSS FROM 61381 WILLOW N. 1960611.816 E. 1104643.416 0 3f1N3AV ONIO IVH ,T/C 63997 ( rT/C 64026 Sflb WTD Px C6NTT,R [TYP.)-. PROVIDE STRAW BALES AROUND YARD AREA DRAINAGE STRUCTURES AFTER CONSTRUCTION. STRAW BALES SHALL BE REMOVED AFTER VEGETATION HAS BEEN ESTABLISHED. (TYPICAL) LEXINGTON PARK SUBDIVISION DETENTION BASINS ( CONNECT TO UNDERGROUND VAULT SYSTEM 4ALL ONSITE STORM SEWER DESIGN IS 100YR LEVEL �S O M SEWER ALSO HAS 100YR INLET CAPACITY J DEPRESS CURB (TYPICAL) V,yak,, —100YR ROUTE TO BASIN 2.5 / VIA STORM SEWER T/C 63970 0.60% 63966; X LL^ 63952 63936-, rT/C 6_ T/C 639.30 T/C 639.9 T/C 6392.1 O.60X 639D6- Tim 63 ''___T/C 63936 _____._r-- 39Z 4z SU''1ij/7' • /C /'638j6 7- 9.30 639.60 /L-640.00 1 0 '11 O O 27 F _T-63920 T/C 640 F/L 63970 F/L-6640.0 2 0) 0 O ) I � F/L-640.0 r 25 ) -n .,. j O . wY-7 O 640 /L-640.00 /8 10, ti 8 ` 640 t 11 ti 638.0( T/C 63! F/L 63!: 638.45 6 .30 /C 640.50 F/L 640.0 639 1 T/C 638 63836 100YR ROUTE TO UNDERGROUND VAULT VIA STORM SEWER 2 WILDFLOWER /X-63826 F/F 640.00 LEXINGTON PARK PHASE ONE T/C 638.92 /7 z w w re w CLZ 11.1 ILI > > wQ STREET N o NORTH R DESCRIPTION 1- 0 mg 4 LLLL W W W W N N ggaiEE W W W W W 1111111 W U V O U O QQi ni'� REVISIONS SHEET NUMBER 0 OF 1? SHEETS Attachment 1 Page 105 of 155 COPYRIGHT 2912 PEARSON. BROWN & ASSOCIATES, INC. ALL RIGHTS RESERVED wow, scoop I 1,74 Cann I••*a•••66.••o•.*,0.1..,,•,0.•,.••.4 ULLIMOO DS SOIL EROSION AND SEDIMENTATION CONTROL CONTROL MEASURE SELECTION PROCESS ite STEP 1 STEP 2 CONTROL MEASURE Ramon mix. I ❑O I _a 1 p3 1 parweale men 1 Reno ROM ann. 1 a. • amp 1 Luca 1 WD 4.11 1-LeaelAe. awn row Xo MOODRA• I smog, re4Imam, I Cil a I m K.T we .4 .A I 0 JD<M9mUMW IC amen Sew , I wax ram ' I MITA 110 MTV ICM 4.hI� oRRwa" 110 CONTROL MEASURE CHARACTERISTICS )ter:„rw.gma •❑ I%Ms ;:.❑ 15K:' 't.:as°Yrd`r4 4m1x .-1®F1 0g., 7A ® ■ • «4••• wO• MI I •••• _,@,.. «. 1 ■ iits I6'RX �T4iw'34PX's oa :.•, «•••••` I ■ III ® ■ ❑ Imss: ms0.01.1. R� o .,, 9 r,. •.1, I EI ❑ 1axe �,arb.-�. T-. - R �., 1 ❑0 I 7:2:7 ... w.., .mP �R. r❑ 1 w.. wu.4..0 4.0.4.4.11, •••• ,,www «P r ❑ ❑ ❑I� ❑ ■ 4•,14 a•• .o-.e.rP ... w• ••x4•.111 ■ ■ IIIA■ ■IM 017 I .0.....•••••• a 1,044 r. x9,00.01074. •w ❑ ❑ 7 ,,, ken.., 0400 .. W .11....,. • ••,•❑ 1e_'.r4- :❑❑ «m...no•eD ..• cw. or en IOAT • Mere :001111• I] I wrn N.r •.. 4... ,are••aew Inc 4' STEP 3 STEP 4 STEP 5 SOIL PROTECTION CHART STA91LIZATo01 KInualtn 61.616. TYPE -,,,JAN iE9 MAR. ARP. MAY JIBE JULY ALG= 5 CT. rbV. DEC` •f A f I OConorn MEOWS 9----C t A' 111RMr 5760,63 C 'i000.G EA.. 0 AMOM. «*1 Ass 9• W a V> .s E-z:D RHS C - Laws o.n G0 w,«. ztw 4..o. 2 Tao KR K. •- MCAT.*MOD PAW ANE. MR T • LEPMB • •. MCAT. MD= rat 2-3 .Qx4 MIR 10:014 0- gO:i1:1-" RYE CI 1❑❑ 1. 0 0 0 0 0 L 0 E ❑ 0 G 1i 0 0 E 5 arg CONSTRUCTION SEQUENCE ` i�5 & RESPONSIBLE CONTRACTOR Q 0 'j 1. NSTw. *0004,11 CO,RN01 66o410..110R MOM. ACCT.. CHMr4M fmnal PPE LRL••• Cmaeow., 540.47n 0104 WIT ■OD❑ roan. coo.u<r.n oa.oa {' D D 0 2 RKXRYE • PROTECT EX. KG •000 f MT5••ST .ATER ua*1 145U6E5•J' D D ❑ ■000 ■DOD •001I •000 0.00 ■ODD 90«11 r.10R (K01 0ROrt410* ❑ • ❑ ❑ ORM tar, F.V O■00 Lt. ax•n DODO •.00004 Ort,510GR0.0 TOPSOIL 0 • 0 0 f. TDCNNMY ESTAnK 504.124104 or 1a,1r*ai4wswEz Kr.TA1•T RIR 6.MTALL ROM • PMxNG 5.8 -CANOE ...COE CON -ER T. *0*. 4041 11 '100* ° KUTARK COKR Ox Au ML.f 10 & f.PO5E0 10XED .5 f0 DAYS T00PY.Mr XEDWL 9. SlarKE RO/OL • PMxwG 0. *4040494? KG0TA0K 5t412ArgN K ILL E4gX0 ME.S WOW n .197.41 P4R0*001 L.A051M•1 12.*ERr0R4 CO1TRA.G uAavr[0MCi 000■ 000■ 000■ 001•0 00.0 DODO ❑DD■ DO•D 000■ 000■ 000■ UU.. STEPS IN THE SELECTION OF CONTROL MEASURES STEP I: p(NTFY CONTROL PROBLEM 0444 NOCIgn tM 00100GYO b 50 L SC 1• to a•rent oll 6N a4a o7:117.1d 'e cont.. IMO, .ent to :°1110 4uc40n Tie.ba v640 a, rtw ii o a l <onvN. F�nvwePn�' Owla vTe° °9 two R.•lora 9• :.aa �•n • o a t111qp l0 MO M W f eewY11wt.,* p e9',e�octeo Or be. ""' ' M til i� 'D• iWO•° p1-m�a.11° 01' 1°• Oanlry •9• DOn c De p0w1,° Con 4 y Ilect•10 for CmOt 0100✓*0 0 *0Os 3000007 � �+�Q<ybta fi*et °0911 of ° avMepMnl tMt Oo t «On t0 1fOmMt- ao 11-4*1 OC*t g•I.�.I.obn't Hw°004 *0.0444 °n 10 . c4 O1=, 01 *114 ��p enc. eam°11c 000101<ey s'°°y ooawe° m sten oa on contrra aro se etaeen o�nv�1 I°Cneewv. STEP 21 IDENTIFY PROBLEM AREAS Oz m.t9o4 °L.-10:11" ' se •*10 0 01041110 4 SE 4 5C Dr0D'°m, o0P°�Iry°. N4°e io c awes •�r va• TNI No °f Mo9ow, <eeo oe ° aoM Ya 10901 4<Y°e OeeO : Ia a�y,' •1014.0• or. o%e�e. c i a as iwoas. droaetl «oa :7cYe,ep °F?,gw, a tMr 1411 Mope qe pe Mre cent!oipro tar �o. :047y p ,11;Ioey° CW 14°101 lanta.i°« pytr ova,• �r: p decs I 0101 �a.INlnu 0`1011O1e0� r1°�ar 0070901 Ww°N9+.�0 C°' Ir v Wt C k°V4° t° M <r4M pll 1 0 01 19,r tM 10°114 :here *D°e°e<.sennt Mat..ayQODe Popped. v'y 0°1109° 0000 STEP 31 (ENTFY REWIRED STRATEGY TM Mv4 o n acoOry0Ooo�DfebYcd7m4artqlrtloml0 Mwasew0:17toMMI gi111°°baM.,,4arMNO OQ4n«4 um"' ' e°y010olt.tareMp4sa'e prVat*a:. STEP 4 IOEHIFY CONTROL MEASURE CROUP gore r 0� ide Trot le tM 5� Se 4004774 ae7DRetl, Try OWm;11Q tri. 10010Q to tMly@ H .�t�Oup Fco MOI rrygT,C 11101 •.Ie xca+pls7 onv 1m0'o02 �*. 0*11l0d9nm0a�✓, 114 010111 <r D 011 Ip 044094.0401401. 140* 010, 077 .4001✓ 01;1901 epry0o4.ay 10 *010! 1110 (9OD0mtp - 04404* 8, STEP SELECT 5PECIi0 CONTROL MEASURE ?119 ^ I •Hep SE Y $C 9107111 N CC7t1;17 ° D 01191.1:11 Iiyl °N' 0001 uon r :9011100 ✓* try, Q%i4 . 949* tn* ec" r �'i �orao°t Pno�sNrbe°.•e P NW �o. v ✓• IM can i*"n. t 4<4Mm•*oF, 0.041•:0). 91('.01. L oaa<uanomeie ie°lM wY• m1110.n0ncfc contw meow✓e 11 74 ° !cast.. Ww tOeXyr.a % .A DeovQOre•70 11149Y0116ba;n WotI11P 9Aw w5,1e17c mw o✓• 11wna11.:1 �Q110800z4Trr,:a, :MNMMU✓p0111. INSPECTION SCHEDULE 1.00R0AL45 maLA410 U1-00 9D 10 00 2. PHASE O0 i 805 0EVELOPNENl1 FOR 504004? ACCKCUWLATEON Y NIO AFTER EACH LTA. 3. VEGETATIVE PLN1TNtiS - SPRING PLANTINGS WILL 40 CHECKED DURING 5t51MER 6 EARLY FALL 4. REPNRS - A!1 EROSION CONTROL MEASDRES.STRUCIURAL MEASURES OR OTHER RELATED ITEMS N HEED OF REPAR WILL BE MADE 0.5.AP.:NOT GREATER THAN 5 DAYS OF OBSERVED NEED FOR MAINTENANCE. THE NEED FOR IANNIEN4NCE ILLY BE IDENTFEO BY EITHER TIC 0EvEL0PER'S AGENT ASSIGNED WITH TIE RESPD/ISOIIITY FOR OVERSEEING TIE IWI000NTATION OF THE EROSION CONTROL PLA11.OR BY VILLAGE STAFF. 5. MOWING - DRAINAGE 015. DITCHES 6 OTHER AREAS THAT SUPPORT A DESIGnEO ROW Or WATER WILL BE MOWED REGLLARLY TO M41T41 THAT ROW D. FERTILIZATION - SEEDED AREAS WYERE THE SEED HAS NOT PRODUCED A 6000 COVER. WILL BE INSPECTED 6 1ER111)Z00 A5 nECE55ARY NOTE: PROPER 50L FR05101 AND 5004ENTA1101 001/18016 A5 PRESENTED *1 THE -11405 PROCEDURES AND STANDARDS FOR 1RBA1 501_ EROS. AND $FOMENTATION CONTROL" SHALL 8E 01)1500 TO ASSURE THAT 500404? OR OTTER SHE MATERIA- 15 NOT TRANSPORTED FROM TIE SITE BY 51089 WATER RLN -OFF. CO15TRt1CT10N EOUPMENT IAA OTHER VEHHCLES. PREVNLNG 0(05,OR 0449 OTHER MEANS. S9ECFIC EROSION AVD SEDIMENT CONTROL 4EA5URE5 SHALL BE AS FOLLOWS' i. 570AW BALE5 2. A SEGMENT 00511 5,04.1 BE NSTILLED 41 DETENT04 FAC3..111. 3. AP RAP AD 5000IEN1 00109 061 AREA5 58011 BE REPLACED OR RE -EXCAVATED WHEREVER TICK 050 005 BEEII 11004900. 4. DEVELOPER SHALL 8E RESPONSBLE FOR KEEPING MUD. DIRT 6 DEBRS 50* PAVED SIREET5.51REET5 SHALL 8E KEPT CLEAN AT ALL 11E5. AND STORM SEWERS SHALL BE FREE OF SEGMENT PRIOR TO ACCEPTANCE. 5. DORMANT SEED PERWEIER OF PROPERTY LATER ESTA0115HLE111 OF 600ES)08.40 G. THE DEVELOPER CAL ASSUME RESPONSECT1 FOR MANTENANCE OF ALL 501 ER05HON CONTROL /NO 05 -SITE DETEMIO1 ME460005 DURNG AO AFTER COISTUCTION THIS RESPONSBLITY WLL BE TURNED OVER TO THE PROPERTY OWNERS AFTER UNTIL SUCH WEASAS 80i12 00 THE LOIN TIC ODEVELOPMENT OPERMTS NAVE BEEN SOLD. HOWEVER. THE DEVELOPER 50011 NOT TRANSFER THESE NPROVE0ENTS FOR THE PURPOSE OF 4A9TE9ACE LNTL HE HAS COMPLIED WON THE ABOVE AND L11T1_ HE WAS RECEIVED 09104. MPROVI4.0(601. INSPECTION, AND A CERTIFICATE or COMPLIANCE FROM THE DEPARTMENT ENGINEER FOR THE Bi1L0e1G HO ZONING DEPARTMENT. SECTION 5'-0" 1119.1 «I �SWPCP1 POSt -II�// GEOTEC10K/L 02BR1C <S/,,/,ST ),/ ,.,St ELEVATIOr: SILT FENCE DETAIL SPECIFIC APP( (CATION This method Of inlet protection i$ applicable where the inlet drains a relatively flat area (slopes no greater than 5 percent) where sheet 0r OwerIOnd flows *not exceeding 0.5 efs) ore typicel. The method shoinot opply to inlets receiving concentrated flows. such a5 in street 0r hreed:0f5 STRAW BALE DROP INLET SEDIMENT FILTER INLET BASKET FILTER TO BE PROVIDED FOR ALL DRAINAGE STRUCTURES (TYPAR 3201 FABRIC) �Lf 94� = �OS�QO29 JOY' 6' MIN;MU4 2" ANGULAR CRUSHED AGGREGATE COMPACTED N PLACE ROCK CONSTRUCTION ENTRANCE STABILIZED CONSTRUCTION ENTRANCE Attachment 1 DESCRIPTION 3- m REVISIONS EROSION CONTROL NOTES SHEET NUMBER 7/ OF it SHEETS 4 RFSFRVFf) f()PYPIr..HT Page 106 of 155 8' SA @ 0.4'2 ANI ARY SEWE" PRO ILE 6'-12"ST. @0.502 CORE. EX. M.H. FOR 12 CONN. PROP.12" 1-635.51 2' DIA TY.0 C.B. T/DC-638.87 OP EE�X�.33ST.�gg H 1-635.54 18's f -630,N (SCHWAKE ST , E J INC. yv OPTI(. LINE 2' DIA STORM STRUCTURES SHALL BE TY. C - CATCH BASINS PROPOSED 8'x8' PRESSURE CONNECTION GF C.B.• 1-635.58 •91 ALL TRENCHES IN CITY R.O.W. SHALL USE'FLOWABLE FILL PROP.VV •I WESTERN AVENUE EXISTING PAVEMENT I . -o392b- - 655 RELOCATE EX STREET LIGHT ADJUST EXISTING CATCH BASIN NOTES: CONTRACTOR SHALL VERIFY LOCATION & ELEVATION OF ALL EXISTING UTILITIES PRIOR TO START OF CONSTRUCTION ALL STORM AND SANITARY SEWER BETWEEN THE BUILDINGS SHALL BE VIDEOTAPED AND SUBMITTED TO THE CITY EXISTING ONSITE SEWER NOTES: ALL EXISTING ONSITE SEWERS SHALL BE REMOVED OR PLUGGED. ALL ABANDONNED SANITARY SEWERS/FORCEMAINS ( THAT WILL NOT BE COMPLETELY REMOVED l SHALL BE PLUGGED ON BOTH ENDS WITH A MINIMUM TWO (21 FOOT LENGTH OF NON -SHRINK CONCRETE/MORTAR PLUGS. F/L-6 NOTE: WESTERN AVENUE TO BE IMPROVED FROM STONEGATE DEVELOPMENT TO SITE Ex.C.B. I-638.36 SLRUSFHFS IN BR.O. HA PLOWABLE (,y Ex. 10" PVC Sr. Ex. 8" PVC ST. EX.C.B. 1-638.46 Ii!k W NORTH H Cho /L-6 1-634.97 CONFUCT LOWER T/WM TO 633.50 TO AVO/D STJ-635.43 27 • R-6 8. 0 PROP06S3EEd01� ' TYPE 'K' COPE WATER SERVICE (TYPICAL) 250'-8"SAN. @0.45% 4' . •1 1 -635.031 - CONNECT TO EXISTING STORM PROPOSED 8' w.M. 75'-12"ST. @0.60% 8 -BOX (TYPJ ST.MH.•128 -639.65 1-634.45 1-634.64 38'-12"ST. @0.50% EX.6"VALVE & 80 AND 4" WATER SERVICE "ID-...:.--_ BE REMOVED 0 79t�EX.15" STO TO BE REMOVED \ C.B.•114 R-63870 1-634.62 l7'-l2"ST. @0.502 C.B.•128A R-639.45 1-634.54 90'-15"ST. @0.45% 36'-l2"ST. @0.50% EX.6"VALVE & BOX AND 4" WATER SERVICE -TO --"- BE REMOVED EX. 12" STORM TO BE REMOVE R-638.70 1-63391 MATERIAL NOTES: 1. SANITARY SEWERS, RISERS, AND WYES, SHALL BE P.V.C. PLASTIC PIPE SDR -26 ASTM D-3034. FOR SEWERS CROSSING ABOVE WATERMAIN, PIPE SHALL CONFORM TO ASTM D-2241 -2241 (WHERE SHOWN) 2. SANITARY )) DIAMETER P.V.C. PLASTIC PIPE (FTgVSIRNTEbA N CLEANOUT ORSERC OF ABOVE WARMIPIPELL MEET ASTM 0-2241 3. WATER MAIN AND FITTINGS SHALL BE A MINIMUM 8" DUCTILE IRON PIPE, CLASS 52 WITH POLYETHYLENE ENCASEMENT (EXCEPT FIRE HYDRANT LINES) WATER SERVICES SHALL BE 1.5" DIAMETER COPPER TYPE "K" AND CITY OF DES PLAINES STANDARD "B -BOX" 5. STORM SEWER PIPES SHALL BE REINFORCED CONCRETE PIPE WITH C-361 JOINTS. ALL CATCH BASINS IN PAVEMENT TO BE 48" DIAMETER. ALL INLETS IN LANDCAPE AREAS TO BE 24" DIAMETER. DES PLAINES) 57'-15"ST. PROP.00X.5847, PRESSURE CONN. W/ 5' V.V. R-638.60 0 EXISTING SANITARY 44 STUB /131.55 WILDFLOWER (DES PANES STREET 4 V SAW -CUT C&G .AND ORE_N_CUT PAVEMENT FOR W/M-INSTALLATION z J 0 >- 1- - 1- 1- ALL fino RESERVED SHEET SHEET NUMBER OF»SHEETS 2 FLARauli, GRUWIi L AS 0 R 1 a Attachment 1 Page 107 of 155 TRENCH BACKFILL DETAIL PVC SEWER *ALL TRENCHES IN CITY R.O.W. HALL USE FLOWABLE FILL 1031.1. Mean War L4.A ALL TRENCH BACKFILL MILL 8E MEASURED USING THE I00T TRENCH BACKFILL TABLES TRENCH BACKFILL DETAIL ALL SEWER AND WATER (EXC P *ALL TRENCHES IN CITY R.O.W. ,SHALL USE FLOWABLE FILL warn / xS".wees w Ole 4• FON. ALL TRENCH BACKFILL WILL 8E MEASURED USING TME 1005 TRENCH BACKFILL TABLES L STANDARD DESIGN FOR SANITARY MANHOLE P..ee.4 Concrete Ady.ting Ring. 12 Ai�J'Z"iICW sof Mason., 8' Mee. Flexible Manhole Pipe Boot std.Cnculer 2 Stemless Steel E/7 8 Bands. -.1-‘111 A. Der A$ M C\EaMW 24' SEE NOTer v=1i III MATERIAL FOR MALLS 0.4 .I Pf000Ot RelMOrted COncr.8. 815.1- 3 -0 4• 5. 5w1,an Moa. LFrewe. Adjusts, Rings 6 all M.M..1. Sections te b. joined en/. ,2 -Stack Met•riels: AS5MT0 MI88 Torp. & Pr.ss Seel Corp_ F. Woes. 4,diene or .PProv.d equal. 2. Santo, Monnol. lids to b. selsrinted .ill CITY OF CES PLAINES SANITARY'. 3. All MCMwL sections .hell b. pr«ens Reinforced Cancra. 4.Freme and lid shell be closed as •hoer g..wel notes. S. All lifting holes shell be sealed ..N bnosestic m°: <:ev 6. Ver >c a lye 2. Botta.secuon shell b. moncl.N.o sill precast fgo & L..0, .1 ..ut ..eel. shell b. e minisof 24 Inche. 1..gO. STANDARD DESIGN FOR CATCH BASIN TYPE A D.e.nage febr,c 18' vide Precast Concrete .raft 140e w d8ti.g Rings approved equal. 12 Mee.. a�mmeenn co of Masonry top«.1b .orad 6-P die..•. bars 060 pert typical) 1'1 6.= . 3*T NOTES. 1. Typo A Catch Basin shell be furnished frame 6 led as sheen n 9 I notes. 2. All Cotch Beeth .hell bo c'-0'., d.em., unless rated on No plane. 3. Dimension for Precast Reinforced Concrete Riser* may yrY from Na .101•.2101, to plus 6'. 4. See *sumps for elev. of invert 6 diem. of serer. Adus4.g Rng..2 se..w. 8. n height. G. Saps shell be embedded into N• sell ..N e minimi* dee. of 3'. PLAN ICONC.CONE RISER) MATERIA. FOR '101.1.5 Pr«est Reinforced Cono.te Reser A'-0. 2- 6• TYPICAL HYDRANT INSTALLATION MANHOLE ADJUSTMENT DETAIL 1. *0 .0j,.ne.le include to luMNnp as .(.tale):n al nee name 2014. 2 AP toed., .Ka *e»ea9 caw.. WW1 a remay.a Kid .4Wac40 Id ended weed. odds, mqe . ed., fa Sad, 40.0.4 .d0 80 8.0*.. U. b.6h.000 o MtOlO erit. fee Steed Wedded, Medd.' U. 1'der bolden �d 011S, be4105 e e>.0$ as OMR,. , ;a0 3 Pr.' * MnuMnrinM of Weed" pa•.0 W.......mu�t lun .role pe..mmt .Iy Meed ted r Ina ed dr, $A40.i. llaMe�nwW..wl%•PP�Mr.na frlY) aw mFNW STANDARD DESIGN FOR STORM MANHOLE TYPE A MATERIAL FOR MALLS Pr«est Reinforced Ce«rete R T 5' 12111.2 7i'EK c..t-in-Pl«• Class Concrete Pr«est Ra of .d TT J�-I Conc.ea slop _ I 6LL Nater. 1.5•• Plan Sheet. fer .1....,en of invert and diameter or 2.0wm.an C for Reinforced Concrete Risers may very from the given to plus 6•. 3. Pretest Adjusting R.ngs.2 Me....* B• in height. -Sand 4.5.ps shall be imbedded me II . aim of 3•. Cushion STANDARD DESIGN FOR VALVE VAULT (TYPE A) C..cent... Cone Only No Flet Top 2-0• L.1ATERIA, FOR WALLS ryryryryryryyyyyyy...... r«est Renforced4' 2'- 6 4Concrete Ri.«s 54- 3'2.- S• Co( Prevent Ren *reed ate R..ers m y fr the d.mmalon given a Plus si 07AIE5ER DF MATER MAIN 10 inches and under 4.-B. 12 inches end ever 5'-0• Notes. 1.1f the valve stem iIsgr«ep a. than 5'.. dth. yelve tem . to 5' .s ..used. 2. Type A Valve Vault Ball be provided .ill Frame rhe Ltd es shown tr. 9snerel notes. 3. Valve Vault ,pints .hell be sealed .11A Bu4l M0..c •. St«l .hiss shell C .h.1, Wye .g frames of Vault.Manhole. [each Besw.INets. and Volvo V«la.. 5. Valve shell Ise Noel, Ml4.2360 r•.,I .5 *eat seat velem. only. CuM.on 101111 *0 P01 *060. O PLAN _aAe. I,r,3PL TIC *Mrs M' c'Ns.t•KO01T.LI c•c_.cTt. tai 88600411 A -A rS•1T1K48CA0F.C5E.[L 1 A•eu.n.eaC coag .1dadPACTIZO Cde SUINASE ALTERNATE PAVEMENT SECTION A -A COMMERCIAL DRIVEWAY APPROACH DETAIL Pr«est Addis g Ring. 12 Me..) \ 3• Vxwlbel (M�n. 461 24" TYPE C CATCH BASIN 24.0,..•ter IB Ma.. Top of Maw, i( OUTLET Send Cwion NOTES. 1.8......1d l,ds to be es shorn ingeneral 2. Cote,4..... 0be f precast reinforced •, fore� te b ly. 3. For adjustments. use only pr«en oo.wr•a Adjusting .ingeona.nrom o.. B• tel height. 4. Adju. g ring. .ewes to be joined .ill mortar. 5.F invert rim and pipe r levotienw refer to plans. 0..,nsgef• IS• O.f.brm 18•vlde wlr eopr*vd .quo SECTION FeYie_ PLAN lI. eae« .... hale, 6 6He.dpiael ROO mda THRUST BLOCK INSTALLATION COMBINATION CONCRETE CURB AND GUTTER TYPE B-6.12 (MODIFIED) W3.12 8.4.12 3• 4• 13• 14 COMBINATION CONCRETE MOUNTABLE CURB AND GUTTER TYPE M-3.12 (MODIFIED) TYPE M-4.12 (MODIFIED) COMBINATION CONCRETE DEPRESSED CURB AND GUTTER TYPICAL CURB BOX INSTALLATION HOUSE WATER SERVICE Tn.trm INTERSECTION CODER CITY OF DES PLAINES ENGINEERING DEPT. STANDARDS SHALL SUPERCEDE ALL OTHERS SANITARY SERVICE SEWER AND CONNECTION IMP MEM 1111 tr 4 U1MY NOK.. uIWTY ORM UNE $iM•sO oyer wltq trench shell conn 3 pcw-1.2110 et 2y@ a c:nw� ei"9 // //////0/ '�r////////l///illi4441. 142,1• Jona *49.4.1) \ ' _h 5. tore te ...ten MIN, PER ' ; 5'Pt. ColvElE 9106YALK REMYK Ao , PUBLIC sQE.1ftK pEPLACEW.T 50* RESTOAT10N 6 *ECE55480 NWHE -------- 0..... LA ori.,., �8- 1 5 4•.M m* R.0.8. 1 I P.C.CSi0s.e• _ 1k*ela 1 /-6. toe .wwlk Wage. a biv.p *va.esnal) 144.9. ft..l.q I /�Pr4.ey WO •M Iµa. Ce -6 c..Aea • 3 «a'1/2.1R Eooey Coen d Reinf.8rs et 2. an canes SEUL.. CONCRETE PUBLIC SIDEWALK DETAIL �strsee Pe..sent Attachment 1 Z W J f 0 0. N t U N 0 U SHEET NUMBER OF '!L SHEETS 4 fnPYRICIHT ?CM F:' Page 108 of 155 ••••••• •••• .......rmRNww ... r._ Mt DT Fr morn Not svw 1N,,rNw WATER AND SEWER SEPARATION REQUIREMENTS *VERTICIL SEPMATION> rt rr 4� .gal wrw_ rW 1rNw iyl= FT, w. ? sw r N.IrrrrACTO2 tre.s. NONECNT. fpNu 0 -..nr won, .O Y.O. '= 734B EIT .P. ▪ pw: NEM», • • °'w� i�ilW�r. r Prrr ap "4«"AZi min warn soma sErt WON. COOT. r• t N 'I.rb w4Mr .IF w.v.M ..., *NTT »r..,..rWNET Ono • iw.M.t�aSt µ )ww�rww.sN.r. xwaBaa: Cunt#QS31h nta \MM. NEIMIRM M'ATM:MA=� NWIL PRCOrSem LOG10( or MVS T)PE . RUPf TTPE B aAVS Lij .7.�A .E. T9EB 0E222-2 OP Roan .s. V PANES 07 ELLE, M MATEY SECTON pTAI OF S� CUY CURS RAMPS FOR SOENALKS RYANDARI) 4100101 ALL DETECTABLE WARNINGS SHALL BE 'METADOME' DETECTIBLE WARNINGS SPECIFICATION CURB RAMPS Mfl1)I 7 F KS NOTE: PROPOSED ALLEY PAVEMENT SECTION MATCHES PROJECT ROADWAY PAVEMENT SECT/ON SN = 3.11 EXCEEDS 3.0 FOR FIRE APPARATUS 23BACK TO BACK (PORTION OF WESTERN AVE) 20' TYPE B-6.12 CURB & GUTTER OIL. VARIES - Y POINIE0 CROWN * T. P.C.C. SIDEWALK -- 'r T. CA -6 BEDDING I 2" BITUMINOUS CONC. SURFACE COURSE, N050 MIX D - 2" BITUMINOUS CONC. BINDER COURSE, ND50 MIX IL 19 5" BITUMINOUS BASE COURSE SN = 3.11 WESTERN AVE PAVEMENT DETAIL 29' BACK TO BACK MINIMUM 26' AISLE 224 T 2" BITUMINOUS CONC. SURFACE COURSE, ND50 MIX D - 2" BITUMINOUS CONC. BINDER COURSE, ND50 MIX IL 19 — 5" BITUMINOUS BASE COURSE SN = 3.11 PRIVATE ALLEY DETAIL - PHASE II AREA r Pool., TOM FOR MVP, 007000,0(7 r I SUN. count IµOL 0.*is / rus( MH POIAL90*? ' / ' 0' MINIM DNA)OO' RY-cern •t','/ 4.• y u -s 2.49.122 �a-MC?Ort • • ,111 Iv.-1.rt,.� 0I_I1.1 'tt 4 I .aJ CVT 00.1,1•CIT FIRL COM O BIDANIOIB SURFACES t ri u 'rxTC RASE -NET ruu avM SET Wt OOMSO w I WENN OF .• 00 TO SOTTW OF EOM. MSG MOTET 5* * R 0*SCML OUSTED CE -6 PERAOLpT TO BE IC04MWLY CpIACNO. PAVEMENT REMOVAL AND BITUMINOUS REPLACEMENT. SPECIAL UM CITY OF DES PLAINES ENGINEERING DEPT. STANDARDS SHALL SUPERCEDE ALL OTHERS Attachment 1 DESCRIPTION 115 00 a a o O O w W W K tt 0_ > 0 0 U Ol u u SL • M aq 3 Y' N * O r 6 REVISIONS SHEET NUMBER OF ++ SHEETS 4 RF[FRVFn fARYRW HT ,rn F:' Page 109 of 155 4 srlerr 6.0.716 I..-00our Mr CITY OF DES PLAINES ENGINEERING DEPT. STANDARDS SHALL SUPERCEDE ALL OTHERS .SUE' (Lk -10770N SEC 70i A -A S7R£ET LAGV77. CONTROL CABAET AAD FOLAVAnav PO 077 euro /6Y(�,�/017./ 0a/Ntel N6RT (.91/176.✓ 0,2171.4009.T.401" foa ourior '(7/7.46 0067 4144 6000,60 240Y47 re 670/77.• 0x6170 Awl CONTROL PAAEL MEIN:LY4GRAA/ 0070at6 e 0 1 2r /63 Z2 ,0O ri' 40041- atar1 Kriow S0/661.5", O- II( TTI' /6441" mud NEW. 0t• 0-.07,00.0f .4100.. 1.1x4 024 776Y COL 071. 4 - xiu-te Garet o Casty cow p-KWUr v bow. Amu roe O-/rr 50'/Sar (077Pa &YYOt /AY. ©-a(so mocec ooc .60.47/70 saterro swan O• Irate( IL9oH6 0066 O- ,riN23M'rt. OWMSOc.(r AIN 1007 cm+. lop anL' wa t STREET LI61/77N6 CONTROL PANEL LAYOUT ,O .4wt 0050 •G .smwr IUYO 7067.7070 w7Ma00rs7 84. 10K KWOO Oy 1040 SK. /%' 003 * 4Y (0fl 4/70' 04504.4 - 000107 6000(730 7(04Y.lr/s so eL 500077 NYVILIAL SYSTEM POLE MAW SCHEMA ;A^ u.aecravr 71.7.6400 _�• 145766 700 /0 7 lo" rwro•a((rne eat tan7a00.0e11r 04,0007 Mahe (d EArILoc 130 WA,. mai $004,010P40 FOE.. 0100s0.'tta,w0 SIM - 4,M4 TM 47 7 ml i mat 0, MC 0,40( REST SVTG)L "OLE AND LUMINAIRE ) CO r`ti0� O I4t'O'fs K0 N.12v/W(0 arwr(70 * 00075 lust KO K700 017 : (70700(6(0 1C 500 GROUP SYSTEM POLE WIRING SChEMAT/C (0..7 11 z PLAN /677. (0/70 r0 81. 0000(0 sm.(( /0676707 2s /a• M STREET LIGHTI/G CONCRETE IAAf7HOLE DETAL t' 04/060)70 7 M'd5rar r7 o (11(4(0 born?tear 'tam.Ms a "/l+�rrk"`1wa.[M76 SECTRYI A A i 7( Sr070746 rouser /145 674: sdr- LEAK 70' 2466 (i 0:00'.0 un SERVICE COVMECT/OM 0t f :sr/w6 (,..eaays 7x5700 wM 4' 1.034 .cw .un IA io n14'00770i1 r6 sncrr 1111117. (ao.4(If0 4w.6 7a'.•u 6 106 r 00(7 46a(7 or we Wr Iver pr7• .r(( 5701(7 6 /467/03 /74v /pt .0.007 Ore0,04.710, STREET L IGHTN1G DETAIL O6' CABLE /N TRfh°1 a 1•4 7 ( 0!010p STANDARDS AND REFERENCE SPErIFICAT10115 Height, spacing and bracket len' n of all public street lighting shall be determined by a comprehensive engineellnq study utilizing the most restrictive elements cf both the '-urrent City Code O6dinsnce 14-9-78 and the recommendations of the American National Standard Practice for Roadway Lighting, Illuminating tngineering Society of North America, latest edition. All combination role, bracket and luminaires shell be designed to withstand a wind load of one hundred (100 mph) miles per hour. Reference specifications are the I.11nois Department ,( Transportation's Standard Specifications for Road and Bridge Construction ( IDOT RIB) and the I11inois Department of Tran.portetlon'. Standard Specifications for Traffic Control Item. (SOOT TC), latest issues. BtSIDENTIAL STREET LIGNTI.4 POLES Poles shall be pres'ressed concrete, centrifugal cast, poliwhed ground surface, octagonal shape, embedment type (butt base) and shall !nelude a 6061 T6 alumina bracket for pole top mounting with two (2") inch ellpfltter. The nominal mounting height shall be twenty-three (27) feet, with embedment depth a. recommended by the manufacturer The bracket length shall be six (6') feet. Pole color shall be a light grey. Poles shall be provided with a two (2") inch by twelve (12") inch above grade wiring hendhole with aluminum cover end tort heed ,tainles. steel ileums. A .lnieue two (2") inch by nine (9") inch cable entrance shall be provided below grade. Poles .17.11 be either Series RS0-6 as manufactured by Centrea•n Division of Ameron Pole Products,10ye 8 S4, 935/1 CI-N.-sY-Mil.0) 0,'Cetalog Madel E -275 -BPO -C as manufactured by Stross67,te, 840 Walker's Lino, P.O. Bos 7, Burlington, Ontario, Canada, L7R 309 (1-800-268-7809). LUMONAIRES Luminaire. shell be Cat,llog No. 117-140 with 250 watt high pressure eodlum vapor lamp 240 volts as manufactured by quality Lighting Company, 11510 Melrose Avenue, Franklin Park, I111no1., 60131 )709-RESID1NTIAL 5TREFT LIGHTING POLES Poles shall be alumnus only and shall be in compliance with the requirements of Section 960 of MOOT RIB. The height and brecket spread of the pole .17x11 be as r the approved engineering plan. The hendhole door shall be secured wlin tori type head stainless ntoel screws. Poles In commercial areas shall be provided with a duplex festoon outlet wired for 120 volt operation. POLE FOUNDATIONS Foundations shall be concrete only and shall be in compliance with the requirements of Section "58 of /DOT R6B. LUMINAIRES Luminaires shall be Ame7lcan Electric Series 325, General Electric M - 400A2 or approved equal. The general configuration .114411 be a cobra style head with a flat lens. Ballasts shall be regulator type Ce0lgned to operate at 240 volts. The lanes shall be 171917 pressure sodiva vapor only and shall have a minimum wattage of 310. BLSCELLANEOLS NANDHOLES 0.0450les shall be cant In place portland cement concrete only in compliance with the req..ire0ents of IDOT Highway Standard 2368. The lids shell have the word "LIGHTING" imprinted on them. SPLICES Splices shall be sad* only in hand17oles. the controller or in pole handholes. A11 wiring shall be continuous. Splices shall be made with Thous and Betts Corp. barrel sleeve connectors, tool crisp type, with heat shrink insulators. RIGID CONDUIT Rigid conduit shall be constructed under all existing and proposed pavements and sidewalks. Rigid conduit shall be two (2") inch diameter galvanised steel only and shall be in compliance with Section 956 of !DOT R48. WIRE, CABLE AND CONDUIT Pole vire shall be single conductor, Type 0186 600 Volt No. 10 AWG stranded copper. Pole vire shall be connected CO the street lighting cable in the pole haralholem with Sues TRDN 10 ampere HES fuse holder. vlt17 Insulating boots. If a neutral vire is required 1n the pole, it .hall be eonnecte3 the :treat lighting cable with a Buss 81.1. splice connector with ineulatleq boot. Street lighting wiring shall consist of electric cables within Unit Duet. The Unit Duct shall bee nlnimus of one and one quarter (11") inch°. inside diameter and in compliance with the requirement. of Section 954 IDOL RIB. The Unit Duct shall be pulled 617ro0g17 the rigid conduit where required. Street lighting cable within the Unit Duct shall be single conductor, Typo XHHW-XLP 600 volt No. 6 ANC 'trended copper. the number of conductors shall be as shown on the approved engineering plan. Cable fro. the controller, if required, shall be as per the requirements of the electric utility company permit. A bare copper vire shall be constructed in all trenches and shall La connected to ground on all electrical equipment on the system. Thu hire copper vire shall ..et the requirements of Article 785.04 of IDOT RBB. CONTROL EQUIPMENT, CABINET AND FOUNDATION When required, a street lighting controller in cabinet shall be designed. The cabinet shall be as manufactured by Southern Manufacturing Co., continuous welded .250 thick 5052 Meet aluainuz alloy, UL listed, 14 Ga. Stainless Steel door hinge, standard traffic signal type lock, rain and weather resistant, all interior and exterior surfaces to be painted hunter green enamel. 017e to be approaimrtely 30" high, 18" vide, 13" deep and post mounted 42" from bottom of cabinet to grade. Post and 9.Ueatal shell be in compliance with Section 2 406 IDOT TC. A concrete 'oundation, 48" deep, Mall be constructed in compliance with Section T 407 IDOT TC. The foundation shall be In A type in compliance with TOOT Highway Standard 2378. The control equipment shall be of the type and general arrangement as indicated on the City standard plan details. INSPECTION: AND TESTING Catalog 044.7 and shop drawings shell be .ubaitted to the City Englneerin'. Department. No material may be incorporated into the work unless reviewed and approved by the City Engineer. The Clty Engineering Department aunt be not.fied two (2) working days in advance -07 enY construction. Prior to any poles being eructed or foundations being placed. t0.: developer :hall stake their proposed location in the field for review by the Engineer. All trenches require inspection prior to backfllIin•,. Tasting shall be in compliance with Section 966 IDOT RIO. The City a.,intenance contractor Mall also witness all testing. STREET LIGHTS TO BE SAME AS PHASE I AND SHALL UTILIZE THE SAME CONTROLLER Attachment 1 DESCRIPTION 0 0 w 6r Y 0' m LL REVISIONS SHEET NUMBER fJ OF 11 SHEETS Page 110 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COST ITEM JOB #: 0852 DATE: 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION SANITARY SEWER 8" PVC SDR 26 SANITARY SEWER 225 LF $ 32.50 $ 7,312.50 6" SANITARY SERVICE, COMPLETE w/CLEANOUT & GTBF 29 EA $ 1,500.00 $ 43,500.00 SANITARY MANHOLE, COMPLETE 1 EA $ 2000.00 $ 2,000.00 GRANULAR TRENCH BACKFILL 295 LF $ 25.00 $ 7,375.00 TELEVISE SANITARY SEWER 250 LF $ 1.25 $ 312.50 CONNECTION TO EXISTING STUB 1 EA $ 1,500.00 $ 1,500.00 REMOVE EXISTING SANITARY SEWER 215 LF $ 7.00 $ 1,505.00 REMOVE EXISTING SANITARY MANHOLE 3 EA $ 300.00 $ 900.00 TOTAL SANITARY SEWER $ 64,405.00 WATER MAIN 8" DIP CL52 WATERMAIN w/POLYWRAP 310 LF $ 45.00 $ 13,950.00 1.5" BRASS SETS COMPLETE 29 EA $ 350.00 $ 10,150.00 1.5" TYPE "K" WATER SERVICE, NEAR, COMPLETE 29 EA $ 800.00 $ 23,200.00 RELOCATE EX. FIRE HYDRANT 1 EA $ 3,000.00 $ 3,000.00 PRESSURE CONNECTION (8"x8") COMPLETE 2 EA $ 5,500.00 $ 11,000.00 REMOVE EX. 4" VALVE 2 EA $ 800.00 $ 1,600.00 REMOVE EX. 6" VALVE 2 EA $ 800.00 $ 1,600.00 PAVEMENT RESTORATION (COMPLETE) AT WILDFLOWER STREET 1 L.S. $ 2,000.00 $ 2,000.00 GRANULAR TRENCH BACKFILL 35 LF $ 20.00 $ 700.00 TOTAL WATER MAIN $ 67,200.00 Page 1 of 4 Attachment 1 Page 111 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COST ITEM JOB #: 0852 DATE: 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION STORM SEWER 15" RCP STORM SEWER CL III, w/C-361 JOINTS 168 LF $ 24.00 $ 4,032.00 12" RCP STORM SEWER CL IV, w/C-361 JOINTS 665 LF $ 20.00 $ 13,300.00 TELEVISE STORM SEWER 833 LF $ 1.25 $ 1,041.25 4' CATCH BASIN COMPLETE, w/FILTER BASKET 10 EA $ 1,300.00 $ 13,000.00 4' STORM MANHOLE, COMPLETE 5 EA $ 1,600.00 $ 8,000.00 2' TY. C CATCH BASIN, COMPLETE 1 EA $ 1,000.00 $ 1,000.00 GRANULAR TRENCH BACKFILL 375 LF $ 15.00 $ 5,625.00 CONNECTION TO EXISTING 5 EA $ 850.00 $ 4,250.00 ADJUST EX. STRUCTURE 1 EA $ 800.00 $ 800.00 REMOVE EX. STORM SEWER 278 EA $ 9.00 $ 2,502.00 REMOVE EX. STORM STRUCTURE 7 EA $ 225.00 $ 1,575.00 TOTAL STORM SEWER PAVING $ 55,125.25 PUBLIC PAVEMENT 2" HMA SURFACE COURSE ND50 MIX D 1000 SY $ 8.60 $ 8,600.00 2" HMA BINDER COURSE ND50 MIX IL 19 1000 SY $ 8.00 $ 8,000.00 5" HMA BASE COURSE 1000 SY $ 20.00 $ 20,000.00 TYPE B-6.12 CONCRETE CURB & GUTTER 1400 LF $ 11.00 $ 15,400.00 5' SIDEWALK 1750 SF $ 3.50 $ 6,125.00 REMOVE EXISTING PAVEMENT, WESTERN AVENUE, COMPLETE 335 SY $ 6.00 $ 2,010.00 SAW CUT ALONG EXISTING CURB LINE 480 LF $ 1.15 $ 552.00 REMOVE EX. CURB 480 LF $ 4.00 $ 1,920.00 REMOVE EX. DRIVE APRONS AT UNITS 1,227 & 18 2 EA $ 500.00 $ 1,000.00 REMOVE EX. SIDEWALK 325 SF $ 2.00 $ 650.00 REMOVE EX. PAVEMENT, RESTORE WITH TOPSOIL (4" MIN) 1 LS $ 1,000.00 $ 1,000.00 AND SOD @ HARDING AND WILDFLOWER REMOVE EXISTING MONUMENT SIGN 1 EA $ 500.00 $ 500.00 WESTERN AND HARDING AVENUE TOTAL PAVING Page 2 of 4 Attachment 1 $ 65,757.00 Page 112 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COST ITEM JOB #: 0852 DATE: 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION GRADING & EROSION CONTROL STRIP SLUE AS NEEDED, CUT & FILL R.O.W. & PAVEMENT 1 LS $ 15,000.00 $ 15,000.00 AREAS TO SUBGRADE. CUT & FILL BUILDING PADS TO SUBGRADE. FINE GRADE ROADWAY & BACKFILL CURB. SILT FENCE 925 LF $ 2.50 $ 2,312.50 STRAW BALE STRUCTURE BARRIERS 3 EA $ 85.00 $ 255.00 STABILIZED CONSTRUCTION ENTRANCE 1 EA $ 2,500.00 $ 2500.00 TOTAL GRADING & EROSION CONTROL $ 20,067.50 STREET LIGHTING & MISCELLANEOUS STREET LIGHTS COMPLETE INCLUDING 3 EACH $ 4,000.00 $ 12,000.00 WIRING & TRENCH RELOCATE EX. STREET LIGHT UTILITY CROSSING (4 PIPES ASSUMED) TOTAL STREET LIGHTING & MISCELLANEOUS Attachment 1 1 EACH $ 1,000.00 $ 1,000.00 +/-3 EACH $ 450.00 $ 1,350.00 $ 14,350.00 Page 3 of 4 Page 113 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COST ITEM JOB #: 0852 DATE: 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION RECAPITULATION SANITARY SEWER WATER MAIN STORM SEWER PAVING GRADING & EROSION CONTROL STREET LIGHTING & MISCELLANEOUS OPINION OF PROBABLE COST TOTAL OPINION OF PROBABLE COST $ 64,405.00 $ 67,200.00 $ 55,125.25 $ 65,757.00 $ 20,067.50 $ 14,350.00 SUB -TOTAL $ 286,904.75 TOTAL $ 286,904.75 NOTE: THIS ENGINEER'S - SCHEDULE OF QUANTITIES HAS BEEN PREPARED BASED UPON THE ENGINEER'S EXPERIENCE AS A DESIGN PROFESSIONAL AND IS FURNISHED FOR INFORMATION ONLY. IT DOES NOT INCLUDE THE FOLLOWING: DEMOLITION OF ONSITE UTILITIES OTHER THAN SPECIFICALLY LISTED ABOVE, WELL OR SEPTIC ABANDONMENT, OR MISCELLANEOUS ITEMS NOT MENTIONED ABOVE PERMIT OR TAP ON FEES, SODDING OF ANY GRASS AREAS, PRIVATE SERVICE WALKS TO THE PROPOSED BUILDINGS, POSSIBLE STRUCTURE ADJUSTMENTS AS NEEDED OTHER THAN SPECIFICALLY MENTIONED ABOVE, BURYING EXISTING UTILITIES UNDER GROUND, ANY GRADING CONTINGENCIES SUCH AS HAUL OFF OR POOR SOIL ALLOWANCE, TIGHT SHEETING, DEWATERING, OR PRIVATE ALLEY IMPROVEMENTS Page 4 of 4 Attachment 1 Page 114 of 155 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 AREA SUMMARY (EXISTING PROPERTY) PART OF BLOCK B 614 SQ. FT. BLOCK A 52,477 SQ. FT. TOTAL AREA SUBDIVIDED 53,091 SQ. FT. AREA SUMMARY (NEW SUBDIVISION) LOTS 18, 19, 20, 25, 26 & 27 49,584 SQ. FT. 1.1383 DEDICATION 3,507 SQ. FT. 0.0805 (WESTERN AvENUE) TOTAL AREA SUBDIVIDED 53,091 SQ. FT. 1.2188 SEE PLAT OF INDIVIDUAL LOT AREAS. GRAPHIC SCALE O 10 .0 a ao ( 18 FEET ) 1 inch - 40 ft. 0.0141 ACRES 1.2047 ACRES 1.2188 ACRES NOTE: THIS SUBDIVISION IS A PART OF A LARGER DEVELOPMENT AND CONSISTS OF LOTS 18, 19, 20, 25, 26 AND 27 ONLY. BSL - BUILDING SETBACK LINE OFF STREET VEHICLE PARKING: SPACES RATIO 58 2.00 P/U UNE 175.0' NORTH. MEASUREO AT RIGHT ANGLES. AND PARALLEL W11H THE SOUTH LOT LINE OF LOT HEREBY DEDICATED FOR PUBLIC ROAD PURPOSE WESTERN AVENUE SEE NOTE F ACRES ACRES ACRES 2 0 z FINAL PLANNED UNIT DEVELOPMENT LEXINGTON PARK - PHASE TWO PUD LEXINGTON PARK - PHASE TWO, BEING A FINAL PLANNED UNIT DEVELOPMENT OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK 'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. NOTE: BLANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT CREATED PER LEXINGTON PARK RECORDED MARCH 31. 2008 AS DOCUMENT 0809116062 IS HEREBY VACATED, ABROGATED AND ABOLISHED. O 0 0 O z N') LI) O 0) S89'58"50.'E --252.72'-- BLANKET -252.72'-- 0,6 BIANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT HEREBY VACATED, ABROGATED AND ABOUSHED BLOCK A (PER DOC 0809116062) EXCEPTION TO BLANKET EASEMENT E_ 83.70 _ 1 S89'5850E 81' .-'I8 73.00 _I L 589'58'50 E 245.02' (9E 95506 08091166062) 73_00 589'58'50 E S87'23'26'W d'o 00 0 O b N o EXISTING UNDERLYING PROPERTY INFORMATION & VACATION OF EXISTING EASEMENT EVERGREEN AVENUE (ASPHALT PAVEMENT) (IWO WAY DIRECTION) S89'58' 50”E -- 34.56' 4 8 3. BEL 117.50' 1207 1209 1 1211 (EVERGREEN AVENUE ADDRESSES) LOT 251 8578 5F I 137.14' 0' II 100.66' 1111 3.0'E —,1 1— I 1 1215 1217 I 1219 1 1221 WI (EVERGREEN AVENUE ADDRESSES) r0 1 Dor LOT 201 I 0 6732 5E I 1 OD O 0 z PRIVATE ALLEY (ASPHAET PAVEMENT) 100.66' , N89'58' 50"W CONCRETE UONUMENT CENTER UNE OF FORMER CHICAGO 8---I NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.C.C. /198 1 138.39' S89'58'50"E BLOCK A 01 (PER 00C 0809116062) 301 303 1 305 307 309 (WESTERN AVENUE ADDRESSES) 1 I LOT 261 11442 5F I I 1 304 1 302 300 (WILDFLOWER STREET ADDRESSES) ti LOT 19 7361 SF II S87'23.26"W 145.50' —7.96' DEDICATION 146.56 I NT I 1 N (;) 0 313 I 315 : 397 1 319 wL++ (WESTERN AVENUE ADDRESSES) O IAI LOT 271 i m co 6308 SF I I 1 I I 312 318 316 314 1 I (WILDFLOWER STREET ADDRESSES) LOT 1811 9163 SF 143.66' S87'23'26"W 5000' SITE PLAN: PHASES ONE & TWO TOWN HOMES UNITS APPROVED PHASE ONE 120 UNITS 8.2 ACRES TOWN HOMES UNITS APPROVED PHASE TWO 29 UNITS 1.2 ACRES TOTAL UNITS APPROVED 149 UNITS 9.46 ACRES DWELLING UNITS PER ACRE: 15.75 DU/AC GROSS (+ROW) PHASE ONE & TWO COMBINED FLOOR AREA BASED ON UNIT DISTRIBUTION FROM CLIENT: 510 (9), 520 (9), 530 (11) UNIT 510 HEATED SQ FT = 1605 & GARAGE SQ FT = 415 TOTAL SO FT = 2020 X 9 UNITS = 18180 SO FT UNIT 520 HEATED SO FT = 1758 & GARAGE SQ FT = 430 TOTAL SO FT - 2188 X 9 UNITS - 19692 SQ 91 UNIT 530 HEATED SQ FT 1913 & GARAGE SO FT - 430 TOTAL SO FT = 2343 X 11 UNITS = 25773 SO FT TOTAL GROSS SO FT = 63645 SO 91 HEIGHTS (BUILDING IS FULL 3 STORIES ON ALL SIDES) MEAN (FROM GRADE TO HALF WAY BETWEEN RIDGE AND UPPER PLATE UNE) = 33'-3" HIGHEST (FROM GRADE TO RIDGE) = 37'-9 1/8" AREAS AND HEIGHT PROVIDED BY SITE BSB DESIGN. INC. NO OPEN SPACE GRANTED ON THIS PLAT. NOTE: ALL INTERNAL USE IS TO BE TOWNHOUSE RESIDENTIAL. NOTE: PROPOSED IMPROVEMENTS PROVIDED BY PEARSON. BROWN & ASSOCIATES. INC. NO ARCHITECTURAL PLANS PROVIDED. PROPOSED BUILDINGS ARE PER SITE PLAN PREPARED BY OTHERS. REVISED: MAY 31, 2013 (CITY COMMENTS 5.31.2013) REVISED: MAY 23, 2013 (CITY COMMENTS 5.13-20131(130433.1) REVISED: APRIL 17, 2013 (REVISED LOT ALIGNMENT)(I 30315-1) REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121118.9901) REVISED: JULY 2, 2012 (REVISED SITE DATA CHART M VARIANCE NOTE) (120642-2) REVISED: JUNE 21, 2012 (REMOVE INDIVIDUAL LOTS) REVISED: JUNE 15, 2012 IVILLAGE COMMENTS 2.2-111 REVISED: NOVEMBER 4, 2010 (REVISED 8LDGS1(101190.1) DATE: OCTOBER 29, 2010 ORDER NO: 130528.1 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME LEXINGTON PARK Copyog/AC DV Surveying W *07909. Inc.. 2013. An ngnte .exn<a P,of<s`anet Deeign flrtn RepsVoWn 1184-002793. EREBY DEDICATED FOR PUBLIC ROAD PURPOSE WESTERN AVENUE CONCRETE WALK CONCRETE L2 SHEET 1 OF 2 HARDING AVENUE (TWO WAY STREET) NUMBER ARC LENGTH RADIUS CH CH BR C1 114.53 442.97 114.21 N 13'29'21" E NUMBER BEARING DISTANCE L1 S 00'01'09" W 77.08 L2 S 87'23'26" w 7.97 L3 N 00'01'09" E 77.08 L4 N 00'01'09" E 213.45 PREPARED BY: TFez SURVEYING j MAPPING - LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT 888 EAST BELVIDERE ROAD • SUITE 41 3 • GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfwsurvey.com www.tfwsurvey.com OWNER'S ASSOCIATION NOTES: 1. THE OWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR ALL LANDSCAPE MAINTENANCE INCLUDING MOWING THE GRASS ALONG ALL THE RIGHTS OF WAY INCLUDING BUT NOT LIMITED TO LAUREL. EVERGREEN. HARDING. WILLOW AND WESTERN AVENUES. 2. THE OWNER'S ASSOCIATION SHALL PAY FOR ALL ON SITE PARKING ENFORCEMENT COSTS. 7 SURVEYOR NOTES: A. INTENTIONALLY OMITTED. B. INTENTIONALLY OMITTED. C. INTENTIONALLY OMITTED. 0. ALL UNDERGROUND STORMWATER UTILITY LINES SHALL BE PERPETUALLY MAINTAINED BY THE PROPERTY OWNER. E. THE CITY OF DES PLAINES WILL MAINTAIN ONLY PUBUC UTILITIES (WATER, SANITARY, STORM) THAT ARE IN THE PUBLIC RIGHT OF WAY. F: HERETOFORE DEDICATED MARCH 31. 2008 PER DOCUMENT 0809116062 (LEXINGTON PARK PLAT OF SUBDIVISION). Attachment 1 Page 115 of 155 OWNER'S CERTIFICATE STATE OF ILUNOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT RIS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. I FURTHER CERTIFY THAT I WILL REOUEST THE PLACEMENT OF SUBDMSION MONUMENTS WITHIN 11 MONTHS OF SUBDIVISION RECORDING. ADDITIONALLY I WILL AUTHORIZE AND FORWARD PAYMENT TO TFW SURVEYING & MAPPING. INC. FOR PLACEMENT OF MONUMENTS. ALL STREETS SHOWN HEREON AND NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC. FURTHERMORE. TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, THE PROPERTY LEGALLY DESCRIBED HEREON LIES WITHIN GRADE SCHOOL DISTRICT _, HIGH SCHOOL DISTRICT —, ANO JUNIOR COLLEGE DISTRICT _. DATED AT ILLINOIS. THIS _ DAY OF A.D. 20 . BY: TITLE. ATTEST: TITLE: NAME: LEXINGTON DES PLAINES 1, LLC ADDRESS: 1731 NORTH MARCEY ST., SUITE 200 ADDRESS: CHICAGO. IL 60614 NOTARY CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. IWNOIS ON AS DOCUMENT NO IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT IWNOIS, THIS DAY OF A.D 201 BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBUC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS _ AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DEUVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.O. 20 . MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF IWNOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF AS DOCUMENT NO SUBDMSION AS HEREON DRAWN. DATED AT OF A.D. 201_. COUNTY. IWNOIS ON IT CONSENTS TO THE DEDICATION AND ILLINOIS, THIS _ DAY BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID. DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES ANO PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC TITLE REPORT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25. 2010 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 TITLE COMMITMENT INCLUDES ADDITIONAL PROPERTY WHICH IS NOT SURVEYED HEREON. SEND TAX BILL T0: RETURN THE PLAT TO: NAME: THE LEXINGTON GROUP NAME: CITY OF DES PLAINES DEPARTMENT OF COMMUNITY AND ADDRESS: 1731 NORTH MARCEY ST. ECONOMIC DEVELOPMENT SUITE 200 ADDRESS: 1420 MINER STREET ADDRESS: CHICAGO. IL 60614 ROOM 301 ADDRESS: DES PLAINES. IL 60016 REVISED: MAY 23, 2013 (CITY COMMENTS 5132013) REVISED: APRIL 17, 2013 (REVISED LOT ALIGNMENT)(13031 S'2) REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121118.PUD2) REVISED: JULY 2, 2012 (REVISED SITE DATA CHART 62 VARIANCE NOTE) (120642.2) REVISED: JUNE 21, 2012 (REMOVE INDIVIDUAL LOTS) REVISED: JUNE 14, 2012 (VILLAGE COMMENTS 2.2.11) REVISED: NOVEMBER 4, 2010 (REVISED BLDGSI(1011902) DATE: OCTOBER 29, 2010 ORDER NO: 130433.2 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PROD. NAME: LEXINGTON PARK Ccpr.:,I,ICTrW SwwTrvN & MaPP,�. IM.. 2O,3. 41 ,n,s ,nn'na SHEET 2 OF 2 Protee4Md Oss4n rem Regievalion F1NH-002)9) OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF )55 DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. DATED AT ILUNOIS, THIS _ DAY OF A.D. 20_. BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON PARK TOWNHOME OWNERS ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION ADDRESS: ADDRESS: ADDRESS: ADDRESS: NOTARY CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF _) A NOTARY PUBLIC IN ANO FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON ANO ACKNOWLEDGED THAT THEY SIGNED ANO DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE ANO VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC FINANCE DIRECTOR CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) I FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED IN THE PLAT SHOWN HEREON. FINANCE DIRECTOR OF THE CITY OF DES PLAINES. COOK COUNTY, ILLINOIS. THIS _ DAY OF — 201_. SIGNED: FINANCE DIRECTOR. DES PLAINES. ILLINOIS DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 55 APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMC DEVELOPMENT OF THE CRY OF DES PLAINES, COOK COUNTY, ILLINOIS. THIS _ DAY OF 201_. SIGNED: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT BLANKET EASEMENT PROVISIONS A NON-EXCLUSME BLANKET EASEMENT FOR SEINING LOTS 1 THROUGH 23 WITHIN 7N15 PLANNED UNIT DEVELOPMENT AND OTHER PROPERTY WITH ELECTRIC. COMMUNICATIONS. SEWER. WATER. cos ANO DRAINAGE SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COOK COUNTY. IWN015. NORTHERN IWNOIS GAS COWAN, COMER. MERITECH. AND GABLE TELEVISION FRANCHISES OF 0)0K COUNTY, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY, TO INSTALL, OPERAE, M4NTNN AND REMOVE, FROM DME TO DME, FACILITIES USED IN CONNECTION WITH UNDERGROUND TRARSMI5SION AND DISTRIBUTION OF ELECTRICITY. SOUNDS AND SIGNALS CAS MAINS. SEWER AND WATER MAINS ANO DRAINAGE IN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT, TOGETHER WITH TIE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BLOCK M TO SERVE IMPROvEMENTS THEREON. THE RIGHT TO CUT, TRIM oR REMOVE TREES. BUSHES AN0 R0015 A5 MAY BE REASONABLY REOUIRED INCIDENTAL TO THE RIGHTS HEREIN OMEN, A1.45 THE RIGH TO ENTER UPON BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES* FACILITIES WITHOUT THE PRIOR WRITTEN CONSENT OF GW4TEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE LAND SHAD. NOT 8E ALTERED N A MANNER SO AS TO INTERFERE WITH ME PROPER OPERATION AND MMNTENAICE THEREOF. THE TERM 'COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM W SECTION 2(E) OF 'AN ACT IN RELATION TO CON00MINIUMS" (ILLINOIS REVISED STATUTES. 04. 30. PAR. 302 (E). AS AMENDED FROM TIME TO TIME. THE TERM -COMMON AREA OR AREAS" 15 DEFINED AS A LOT PARCEL OR AREA OF REN. PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH I5 RESERVED IN WHOLE A5 AN APPURTENANCE TO THE SEPARATELY OWNED. PARCELS OR MEAS TTITHN THE PUNNED DEVELOPMENT. EVEN THOUGH SUCH BE OWNERS OTHERWISE °MIGRATED ON THE PUT 8Y TERMS SIKH A5, 'QUTLOTS', "CONMON ELEMENTS'. 'OPEN SPACE'. 'OPEN AREA'. 'COMMON GROUND", PARKING. LOT A' & 'COMMON AREA'. THE TERMS 'COMMON AREA OR AREAS" AND 'COMMON ELEMENTS' INCLUDING REAL PROPERTY SURFACED WNH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES AS A POOL OR RETENTLON POND, OR MECHANCAL EOUIPMENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRNTOR/LOT OWNER, UPON WRITTEN REQUEST. PUBUC UTILITY EASEMENTS PROVIDED, SHALL BE FOR THE USE OF MUNI(PAL SEWER AND WATER LINES. STORM DRAINAGE AND PUBUC UTILITY ONES. ONES FOR ANY CABLE TELEVISION FRANCHISE GRANTED BY THE CRY. AND OTHER MUNICIPAL USES. PUBLIC UTILITY EASEMENT PROVISIONS EASEMENT PROVI510445 M EASEMENT FOR SEWING THE PROPERTY WITH ELECTRIC. NATURAL GAS AND COMMUNICATION SERVICE 5 HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY AT&T, GRANTEES. NORTHERN IWNOIS GAS COMPANY. WIDE OPEN WEST AND CO0CAST. GRANTEES 114EIR RESPECTNE LICENSEES. SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY, TO CONSTRUCT. OPERATE. REPAIR. MMNTAN, MODIFY. RECONSTRUCT. REPLACE, SUPPLEMENT. RELOCATE AND REMOVE. FROM DME TO TIME, POLES GUYS. ANCHORS, TARES, CABLES. CONDUITS. ARMHOLES. TRANSFORMERS. PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION Y/IT14 OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS. 50UNDS AND SIGNALS 1K. OVER. UNDER. ACROSS. ALONG AND UPON THE SURFACE OF THE PROPERTY DENOTED AS BLOCK M ON THE PLAT. THE PROPERTY DESIGNATED IN THE DECLARATION OF CON00MNIVM AND/0R ON THIS PLAT A5 'COMMON ELEMENTS'. AND THE PROPERTY DESIGNATED ON THE PUT A5 'COMMON AREA OR AREAS'. AND THE PRO4ERTY DESIGNATED ON THE PUT FOR STREETS AND ALLEYS. WHETHER PUBUC OR PR4ATE. TOGETHER WITH THE RIGHTS TO INSTALL REQUIRED SERVICE CONNECTIONS OYER OR UNDER THE SURFACE OF BLOCK M AND COMMON AREA OR AREAS TO SERVE IMPROVEMENTS THEREON. OR ON ADJACENT BLOCKS. AND OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY 8E REASONABLY REWIRED 144010 NT TO THE RIGHTS HEREIN OMEN, AND THE RIGHT TO ENTER UPON THE SUBOMOED PROPERTY FOR ALL SUCH PURPOSES. OES1RUCODNS SHALL NOT 8E PLACES OVER 'GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERTY. WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRAD: OF THE 04.180MDE0 PROPERTY SHALL NOT 8E ALTERED 18 A MANNER 50 AS TO INTERFERE TAM 7140 PROPER OPERATION AND MMNIENANCE 1HEREOF. THE 1ERM 'COMMON ELEMENTS' SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM W THE 'CONDOMINIUM PROPERTY ACS, CHAPTER 765 IECS 605/2, AS MENDED FROM 111,10 TO TIME. 114E TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT. PARCEL OR AREA OF REAL PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH 15 RESEFNEO TN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OwNEO LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHERW1SE DESIGNATED ON THE PUT BY TERMS SUCH A5 'OUILOTS'. "COMMON ELEMENTS". 'OPEN SPACE". 'OPEN AREA'. "COMMON GROUND'. 'PARKING' ANO 'COMMON AREA'. TFC TERM "COMMON AREA OR AREAS, AND 'COMMON ELEMENTS' INCLUDE REAL PROPERTY SURFACED WITH INTERIOR ORMEwAYS AN0 WAU(WAYS, 8U1 EXCLUDES REAL PROPERTY PHYSH:ALLY OCCUPIED BY A BUILDING. SERMCE BUSINESS DISTRICT OR STRUCTURES SUCH A5 A DECK, PATIO. POOL RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACTURES WILL BE DONE 8Y GRANTEES AT COST OF 114E GRANTOR/LOT OWNER. UPON WRITTEN REQUEST. OWNER: NAME: THE LEXINGTON GROUP ADDRESS: 1731 NORTH MARCEY ST. ADDRESS: CHICAGO. IL 60614 PREPARED BY: TFez SURVEYING j MAPPING — LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT 888 EAST BELVIDERE 120A0 • SUITE 41 3 • GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfvvsurvey.com www.tfwsurvey.com FINAL PLANNED UNIT DEVELOPMENT LEXINGTON PARK - PHASE TWO PUD LEXINGTON PARK • PHASE TWO, BEING A FINAL PLANNED UNIT DEVELOPMENT OF BLOCK "A" AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF 81000 '8', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. DIRECTOR OF PUBLIC WORKS AND ENGINEERING CERTIFICATE STATE OF ILUNOIS) SS COUNTY OF COOK) APPROVED BY THE DIRECTOR OF PUBUC WORKS AND ENGINEERING OF THE CITY OF DES PLAINES. COOK COUNTY. ILLINOIS, ON THIS DAY OF 201 . SIGNED: DIRECTOR OF PUBLIC WORKS AND ENGINEERING COMMISSIONERS CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS APPROVED BY THE CITY PLAN COMMISSION OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. ON THIS DAY OF A.D. 201_ A.O. PRESIDENT. PIAN COMMISSION. SIGNED: PRESIDENT SIGNED: ATTEST MAYOR AND CITY CLERK CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DES PLAINES, COOK COUNTY. ILLINOIS, AT A MEETING HELD THIS DAY OF 201 . SIGNED: MAYOR SIGNED: CITY CLERK UTILITY CERTIFICATES APPROVED AND ACCEPTED BY: COMPANY: COMMONWEALTH EDISON COMPANY NAME. TITLE' DATED THIS _ DAY OF COMPANY: AT&T, GRANTEES A.D. 201_. NAME: TITLE: DATED THIS _ DAY OF A.D 201_ COMPANY: NORTHERN ILLINOIS GAS COMPANY NAME: TITLE: DATED THIS _ DAY OF A.D. 201_. COMPANY: WIDE OPEN WEST NAME: TITLE: DATED THIS _ DAY OF AD. 201_. SURVEYOR'S DESIGNATION OF RECORDING STATE OF ILUNOIS) COUNTY OF LAKE) SS I, THOMAS F. WASILEWSKI. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF ILLINOIS, HEREBY DESIGNATE OFIN TO RECORD THIS (street name) (city, stole) PLAT WITH THE COOK COUNTY RECORDER OF DEEDS. THIS DESIGNATION IS GRANTED UNDER THE RIGHT TO DESIGNATE SUCH RECORDING UNDER CHAPTER 109. SECTION 2 OF THE ILLINOIS REVISED STATUTES. AS A CONDITION OF THIS GRANT, SAID DESIGNEE IS HEREBY REQUIRED TO PROVIDE TO THIS SURVEYOR. A CERTIFIED COPY OF SAID PLAT. IMMEDIATELY UPON RECORDING OF SAME. RECEIPT OF SAID CERTIFIED COPY WILL SERVE AS NOTICE TO THE SURVEYOR THAT THE PLAT HEREON DRAWN HAS BEEN RECORDED. DATED THIS 29th DAY OF O0.TOBER, A.D. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR N0. 35-2515 LICENSE EXPIRES NOVEMBER 30. 2014 LEGAL DESCRIPTION BLOCK "A' IN LEXINGTON PARK. BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PUT THEREOF RECORDED MARCH 31. 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. IWNOIS. - TOGETHER WITH - THE WEST 7.96 FEET. AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF. OF BLOCK '8", IN LEXINGTON PARK. BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. IWNOIS. STATE OF IWN001 (55 COUNTY OF LACE 4, THOMAS F. WASILEWSKI, ILUN05 PROFESSIONAL LAND SURVEYOR, HEREIN DERTBY THAT I HAVE SURVEYED THE PROPERTY AS DESCRIBED ABOVE AND THAT THE PUT HEREON DRAWN 15 A REPRESENTATION OF SAID SURVEY. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARIS THEREOF. THS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS 14144180* STANDARDS FOR A UNDARY SURVEY. CERTIFIED AT YSLAKE. 1WN016 THIS 2910 DAY OF /TOBER, . 10. 111111016 PROFE551ONAL 1AN0 SURVEYOR N0. 35-2545 UCENSE EXPIRES NOVEMBER 30. 2014 Attachment 1 Page 116 of 155 Lexington Park Mr. Scott Mangum Senior Planner 1420 Miner Street City of Des Plaines Des Plaines. I L. 60016 April 18, 2013 RE: Lexington Park Phase 2 Schedule Des Plaines, [L. Dear Mr. Mangum, As requested, 1 offer the following proposed development schedule for the referenced site: Land Development 6/03/2013 - 6/24/13 - Start underground sanitary, storm and water main construction. 6/24/2013 - 6/28/2013 - Water and sewer services 7/1/2013 - 7/12/2013 - Road sub grade and curb 7/15/2013 - 7/19/2013 - backfill curb and pave liouselinc 6/03/2013 - Excavate Building 20 Frame Start. 6/24/20103 6/10/2013 - Excavate Building 25 Frame Start 7/8/2013 7/01/2013 - Excavate building 19 France Start 8/5/20103 8/05/2013 -.Excavate building 26 Frame Start 9/2/2013 9/02/2013 - Excavate Building 18 France Start 10/7/2013 9/23/2013 - Excavate Building 27 Frame Start 10/28/2()13 This is a preliminary schedule and many market and economic forces arc at work. This does however outline our current intentions. If you have any questions please feel free to contact nu: at C71 J n Eigen Ag nt for L Attachment 1 gton Park Des Plaines 1731 N. Marccy St. Suite 200, Chicago, I1. 60614 Page 117 of 155 LOT 5 LOT 12 LOT 6 LOT 24 LOT 8 TITLE COMMITMENT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25, 2010 THIS PROPERTY MAY BE SUBJECT TO COVENANTS. CONDITIONS AND RESTRICTIONS CONTAINED WITHIN: DOCUMENT #20598541. RECORDED AUGUST 28, 1968 (COVENANTS - NOT PLOTTABLE) DOCUMENT 119217454. RECORDED AUGUST 28, 1968 (EASEMENT - SEE NOTE 1) DOCUMENT #20124360, RECORDED MAY 1. 1967 (ALLEY VACATION - SEE NOTE 2) DOCUMENT #0625734028, RECORDED SEPTEMBER 14. 2006 (NO FURTHER REMEDIATION LETTER) DOCUMENT #0618632063, RECORDED JULY 9. 2010 (NO FURTHER REMEDIATION LETTER) DOCUMENT #1016018023, RECORDED JUNE 9, 2010 (REMEDIATION LETTER) DOCUMENT #21291532, RECORDED MAY 24. 2007 (EASEMENT - SEE NOTE 3) DOCUMENT #0827601022, RECORDED OCTOBER 2. 2008 (EASEMENT) DOCUMENT #0827733128, (HOMEOWNER'S ASSOCIATION) DOCUMENT #0809116062, RECORDED MARCH 31. 2008 (SUBDMSION) NOTE 1: GRANT OF EASEMENT MADE BY ROMEO 0. SIGWALT AND OLGA E. SIGWALT, HIS WIFE TO NORTHERN ILLINOIS GAS COMPANY DATED JULY 22, 1964 AND RECORDED AUGUST 18, 1964 AS DOCUMENT 19217454 OF THE RIGHT AND EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF LAYING. MAINTAINING. OPERATING, RENEWING, REPLACING AND REMOVING GAS MAINS AND ANY NECESSARY GAS FACILITIES APPURTENANT THERETO. TOGETHER WITH RIGHT OF ACCESS THERETO FOR SAID PURPOSES IN, UPON. UNDER, ALONG AND ACROSS THE EASTERLY SIDE OF LOT 16 IN BLOCK 2 SAID EASEMENT TO BE A STRIP OF LAND 5 FEET IN WIDTH LYING 2 1/2 FEET ON EITHER SIDE OF FACILITIES INSTALLED AS INDICATED ON PLAT ATTACHED AND MARKED "EXHIBIT A. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT. SEE EXHIBIT A" IN SAID DOCUMENT. EASEMENT IS DESCRIBED AS "A STRIP OF LAND 5 FEET IN WIDTH LYING 2.5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTILITIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTILITIES. IF ANY. WILL NEED TO BE MARKED OR EXPOSED BY OTHERS SPECIALIZING IN THIS FIELD: AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) NOTE 2: RESERVATION IN THE VACATION ORDINANCE RECORDED MAY 1, 1967 AS DOCUMENT 20124360 RESERVING THE RIGHT TO MAINTAIN, OPERATE. REPAIR AND REPLACE, BY ITSELF OR BY ANY LICENSEE OR HOLDER OF A FRANCHISE FROM THE CITY OR BY ANY PUBLIC UTILITIES COMPANY AS THE CASE MAY BE ANY POLES. WIRES, PIPES. CONDUITS. SEWER MAINS. WATER MAINS OR ANY OTHER FACILITY OR EOUIPMENT FOR THE MAINTENANCE OR OPERATION OF ANY UTILITY NOW LOCATED IN SAID ALLEY OR PORTION THEREOF VACATED BY THIS ORDINANCE. THE ALLEY HAS BE RESUBDIVIDED. ALL UTILITIES SIGNED THE PLAT OF SUBDIVISION WITH NEW PROPERTY ALIGNMENT. NOTE 3 EASEMENT IN FAVOR OF NORTHERN ILLINOIS GAS COMPANY. AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. TO INSTALL, OPERATE AND MAINTAIN ALL EOUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT. AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 21291532. AFFECTING THE SHOWN IN EXHIBIT A OF THE LAND. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT, SEE "EXHIBIT A" IN SAID DOCUMENT. EASEMENT IS DESCRIBED AS "A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTIUTIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTIUTIES, IF ANY. WILL NEED TO BE MARKED OR EXPOSED BY OTHERS SPECIALIZING IN THIS FIELD; AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) SURVEYOR NOTES: A. INTENTIONALLY OMITTED. B. INTENTIONALLY OMITTED. C. INTENTIONALLY OMITTED. D. ALL UNDERGROUND STORMWATER UTILITY THE PROPERTY OWNER. E. THE CIN OF DES PLAINES WILL MAINTAIN STORM) THAT ARE IN THE PUBLIC RIGHT OF F: HERETOFORE DEDICATED MARCH 31. 2008 PARK PLAT OF SUBDIVISION). LINES SHALL BE PERPETUALLY MAINTAINED BY ONLY PUBLIC UTILITIES (WATER. SANITARY, WAY. PER DOCUMENT 0809116062 (LEXINGTON NUMBER ARC LENGTH RADIUS CH CH BR C1 114.53 442.97 114.21 N 13'29'21" E NUMBER BEARING DISTANCE L1 S 00'01'09" W 77.08 L2 S 87'23'26" W 7.97 L3 N 00'01'09" E 77.08 L4 N 00'01'09" E 213.45 a o GRAPHIC SCALE 10 40 eo 160 ( IN FEET ) I Inch . 40 0. PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 PLANNED UNIT DEVELOPMENT EXCEPTIONS GRANTED FOR ZONING CASE NUMBER 05 -031 -PUD TO ALLOW THE CONSTRUCTION OF LEXINGTON PARK PHASE 11 ON LOTS 18, 19, 20. 25, 26, AND 27 EXPIRES APRIL 1, 2014: 1. A FRONT YARD SETBACK OF 3 FEET, INSTEAD OF NOT LESS THAN 12 FEET; 2. A SIDE YARD SETBACK OF 3 FEET. INSTEAD OF NOT LESS THAN 5 FEET; 3. A REAR YARD SETBACK OF 9 FEET. INSTEAD OF NOT LESS THAN 12.6 FEET (207. OF LOT DEPTH); 4. LOT SIZES or 6,732 SQUARE FEET, INSTEAD OF NOT LESS THAN 10,000 SQUARE FEET: AND 5. A MINIMUM HORIZONTAL DISTANCE OF 8 FEET. INSTEAD OF THE REQUIRED 15 FEET, BETWEEN BUILDINGS; SUBDMSION REGULATION VARIANCES: 1. A RIGHT-OF-WAY WIDTH AS NARROW AS APPROXIMATELY 33 FEET. INSTEAD OF NOT LESS THAN 66 FEET PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LEXINGTON PARK - PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST I/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 A5 DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. BSL BUILDING SETBACK LINE NOTE: BLANKET EASEMENT AND EXCEPTION _ TO BLANKET EASEMENT CREATED PER LEXINGTON PARK RECORDED MARCH 31, 2008 AS DOCUMENT 0809116062 IS HEREBY VACATED, ABROGATED AND ABOLISHED. --252.72'-- S89'58'50"E N89'58'50'0 224 88 BLANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT HEREBY VACATED, ABROGATED AND ABOLISHED -BLOCK A (PER DOC 0809116082) EXCEPTION TO BLANKET EASEMENT _ 83.70 _ S89'58 50•E z M L 73.00 J L 589'58'50 E 73.00 589'58'50E 245.02' BLOCK 1723'2 (PER 000 0809116062) -. ue O OD o O b N o EXISTING UNDERLYING PROPERTY INFORMATION & VACATION OF EXISTING EASEMENT AREA SUMMARY (EXISTING PROPERTY) PART OF BLOCK B 614 SQ. FT BLOCK A 52.477 SQ. FT TOTAL AREA SUBDIVIDED 53,091 SQ. FT AREA SUMMARY (NEW SUBDIVISION) LOTS 18, 19, 20, 25, 26 & 27 49,584 SQ. DEDICATION 3,507 SQ. (WESTERN AVENUE) TOTAL AREA SUBDIVIDED 53,091 SQ. SEE PLAT OF INDIVIDUAL LOT AREAS. NOTE: THIS SUBDIVISION IS A PART OF A LARGER DEVELOPMENT AND CONSISTS OF LOTS 18, 19, 20, 25, 26 AND 27 ONLY. / LINE 175.0' NORM. MEASURED AT RCM ANGLES, AN0 PARALLEL WITH THE SOUTH LOT UNE OF LOT 3 HEREBY DEDICATED FOR PUBUC ROAD PURPOSE WESTERN AVENUE CENTER LINE OF FORMER CHICAGO & NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.C.0 /198 8.5' TI/ BLOCK K STORMY/ATER DETENTKNI EASEMENT PER DOCUMENT 0809116062 32.96' 25' LOT 23 0.0141 ACRES . 1.2047 ACRES . 1.2188 ACRES FT. 1.1383 ACRES FT. 0.0805 ACRES FT. 1.2188 ACRES ON QOGN�EG�R� Rp��. \po, lEORM°' ,,------- 000°' 0 BLOCK H EVERGREEN AVENUE HE�'il Cl: i. 'LL 7 96 DEDICATION LOT 27 - - N 'O 6308 SF W 1 N K.S8T23'26'W 7s7 BLOCK B > 245.02 ER DOC 0809116062) o: W Bin W L2 PEA :i0^_... V.LNt 7839116062 - -21$.16= LOT 22 BLOCK E S89'58'50"E --117.50 3 D11n 0.37 L.1.t LOT 25 8578 SF 137.14' 138.39' 589'58'50'E - BLOCK A - (PER DOC 0809116062) LOT 26 11442 5F 0 orn H GI 145.50' LOT 21 100.66 LOT 20 6732 SF 100.66' N89158.50'W 99.41' N8T23'26T 99.52 146.56' 3'BUILDING LINE LOT 18 9163 5F HEREBY DEDICATED FOR PUBUC ROAD PURPOSE 1 I WESTERN AVENUE 1 1 LOT 1 CONCRETE MONUMENT REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121118-SUBI) REVISED: JULY 2, 2012 (VARIANCE NOTE) (120641.1) REVISED: JUNE 15, 2012 (VILLAGE COMMENTS 2.2-11) REVISED: NOVEMBER 4, 2010 (REVISED 81006)(101192-2) DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PRO). NO: 1251 FOR. THE LEXINGTON GROUP PRO). NAME LEXINGTON PARK Copyrip,tC UV Surveying at Mopp',ry. Inc.. 2013. Ai nynte mooned 1,01..0r.01 Deeign nrm Repstrot:on 4184-002793. REVISED: MAY 23, 2013 (CITY COMMENTS 5.13.2013) PREPARED BY: BLOCK L STORMWATER 00106/108 EASEMENT PER DOCUMENT 0809116062 BLOCK 1 LOT 9 BLOCK J WILLOW AVENUE ,.EREOCFORE DEO:C010O 7(6 DOCUMENT 0809146062 CONCRETE MONUMENT LOT 15 LOT 16 BLOCK F LOT 14 LOT 10 BLOCK G LOT 11 LOT 7 /'CONCRETE �/ MONUMENT N 92 N 1D 50.00' LOT 17 LOT 13 BLOCK C BLOCK D HARDING AVENUE TF SURVEYING LI MAPPING - REVISED: APRIL 17, 20)3 (CITY COMMENTS 4-8.2013)(1303141) LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT DELVIOERE ROAD <13•GRAYSLAKE, ILLINOIS 60030 REVISED: MARCH 28, 2013 (REMOVE ZONING) (121118.SUB2) BBB EAST 847-548-6600 FAX 548-6699 SHEET 1 OF 2 tfw@tfwsurvey-coni www.tfwsurvey.corn 25.0 25.0' O 7. WILLOW AVE DATE 10/29/10 11/4/10 3/22/13 CHECKED BY REVISION TFW ORIGINAL PUBLICATION TFW REVISED BUILDINGS 708 REVISED BUILDINGS Attachment 1 Page 118 of 155 OWNER'S CERTIFICATE STATE OF ILUNOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND RE-SUBDMDED AS SHOWN HEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. I FURTHER CERTIFY THAT I WILL REOUEST THE PLACEMENT OF SUBDMSION MONUMENTS WITHIN 11 MONTHS OF SUBDIVISION RECORDING. ADDITIONALLY I WILL AUTHORIZE AND FORWARD PAYMENT TO VW SURVEYING & MAPPING. INC. FOR PLACEMENT OF MONUMENTS. ALL STREETS SHOWN HEREON AND NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC. FURTHERMORE. TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, THE PROPERTY LEGALLY DESCRIBED HEREON LIES WITHIN GRADE SCHOOL DISTRICT _, HIGH SCHOOL DISTRICT —, ANO JUNIOR COLLEGE DISTRICT _. DATED AT ILLINOIS. THIS _ DAY OF A.D. 20 . BY: TITLE. ATTEST: TITLE: NAME: LEXINGTON DES PLAINES 1, LLC ADDRESS: 1731 NORTH MARCEY ST., SUITE 200 ADDRESS: CHICAGO. IL 60614 NOTARY CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. IWNOIS ON AS DOCUMENT NO IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT IWNOIS, THIS DAY OF A.D 201 BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID. DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS _ AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DEUVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH, GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. ILLINOIS 014 AS DOCUMENT N0. IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT ILLINOIS, THIS _ DAY OF A.D. 201_ BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: TITLE REPORT NOTES: NOTARY PUBLIC THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25, 2010 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 TITLE COMMITMENT INCLUDES ADDITIONAL PROPERTY WHICH IS NOT SURVEYED HEREON. OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. DATED AT ILUNOIS, THIS _ DAY OF A.D. 20 . BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON PARK TOWNHOME OWNERS ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION ADDRESS: ADDRESS: ADDRESS: ADDRESS: NOTARY CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF _) A NOTARY PUBLIC IN ANO FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UDDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC FINANCE DIRECTOR CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) I FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED 114 THE PLAT SHOWN HEREON. FINANCE DIRECTOR OF THE CITY OF DES PLAINES. COOK COUNTY, ILLINOIS. THIS _ DAY OF — 201_. SIGNED: FINANCE DIRECTOR. DES PLAINES. ILLINOIS DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 55 APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMC DEVELOPMENT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. THIS _ DAY OF 201_. SIGNED: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT BLANKET EASEMENT PROVISIONS A NON-EXCLUSIVE BLANKET EASEMENT FOR SEIMNG LOTS 1 THROUGH 23 WITHIN THIS PLANNED UNIT DEVELOPMENT AND OTHER PROPERTY wing EIECIR10. COMMUN4ATIONS, SEWER. WATER. cos AND DRAINAGE SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COOK COUNTY. IWN015. NORTHERN IWNOIS GAS COWAN, CONED. AMERITECH. AND GABLE TELEVISION FRANCHISES OF 0)0K COUNTY. THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, TO INSTALL, OPERATE, M4NTNN AND REMOVE, FROM TIME TO DME. FACILITIES USED IN CONNECTION WITH UNDERGROUND TRARSMISSION AND DISTRIBUTION OF ELECTRICITY. SOUNDS AND SIGNALS, CAS MAINS. SEWER AND WATER MARS AND DRAINAGE IN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BLOCK M TO SERVO IMPROvEMENTS THEREON. 7140 R10141 To CUT. TRIM OR REMOVE TREES. BUSHES AND R00T5 A5 NAY BE REASONABLY REOUIRED INCIDENTAL TO THE RIGHTS HEREIN OMEN. AND THE RIG. TO ENTER UPON BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED DYER GRANTEES' FACILITIES WITHOUT THE PR10R WRITTEN CONSENT OF GIV1TEE5. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE LAND SHAD. NOT 8E ALTERED TN A MANNER SO A5 TO 114TERFERE WITH ME PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM 'CONLON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERN W SECTION 2(0) OF 'AN ACT IN RELATION TO CON00NANIUMS' (ILuNOIS REVISED STATUTES. CH. 30. PAR. 302 (E). A5 AMENDED FROM DME TO TIME. THE TERN 'COMMON AREA OR AREAS' IS DEFINED AS A LOT PARCEL OR AREA OF REN. PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH I5 RESERVED IN WHOLE AS AN APPURTENANCE TO INE SEPARATELY OWNED. PARCELS OR MEAS WITHIN TIE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OWNERS O111ER4,15E DESIGNATED ON THE PUT 8Y TERNS SUCH A5, 'OUSLOTS-,-CONNON ELEMENTS., 'OPEN SPACE', 'OPEN MEA'. '001.11.10N GROUND". PARKING. LOT A' & 'COMMON MEA'. ME TERMS 'COMMON AREA OR AREAS- AND '0048MON ELEMENTS' INCLUDING REAL PROPERTY SURFACED WITH INTERIOR ORIVEwA15 AND WAU(WAYS, BUT OCCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SETMCE BUSINESS DISTRICT OR STRUCTURES AS A POOL OR RETENTION POND, OR MECHNNCAL EOUIPNENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRANTOR/LOT OWNER, UPON WRITTEN REQUEST. PUBLIC UTILITY EASEMENTS PROVIDED, SHALL BE FOR THE USE OF MUNICIPAL SEWER AND WATER LINES. STORM DRAINAGE AND PUBUC UTILITY ONES. ONES FOR ANY CABLE TELEVISION FRANCHISE GRANTED BY TIE cf1Y. AND OTHER MUNICIPAL USES. PUBLIC UTILITY EASEMENT PROVISIONS FASENENT PROV154005 AN EASENENI FOR SEWING THE PROPERTY WHIN ELECTRIC. NATURAL GAS AND COMMUNICATION SERVICE 5 HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY AT&T, GRANTEES. NORTHERN IWNOIS GAS COMPANY, WIDE OPEN WEST AND CONCAST, GRANTEES THEIR RESPECTIVE LICENSEES. SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY, TO CONSTRUCT. OPERATE, REPAIR. M9.ARN. 1AOOIFY. RECONSTRUCT. REPUCE, SUPPLEMENT, RELOCATE AND REN NE. FROM DME TO TIME, POLES GUYS. ANCHORS, w1RE5, CABLES, CONDUITS. MANHOLES. TRANSFORMERS, PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION 491TH OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS. 50UNDS AND SIGNALS IK, QUER. UNDER. ACROSS, ALONG AN0 UPON THE SURFACE OF THE PROPERTY DENOTED AS BLOCK M ON THE PUT. THE PROPERTY DESIGNATED IN 114E DECLARATION OF CON001AINIVM AND/0R ON NIS PUT A5 'COMMON ELEMENTS'. AND THE PROPERTY DESIGNATED ON THE PUT A5 'COMMON AREA OR MEAS'. AND THE PROPERTY DESIGNATED ON THE PUT FOR STREETS AND ALLEYS, WHETHER PUBLIC OR PRATE. TOGETHER WITH THE RIGHTS TO INSTALL REQUIRED SERVICE CONNECTIONS OYER OR UNDER THE SURFACE OF BLOGR M AND COMMON AREA OR AREAS TO SERE IMPROVEMENTS THEREON. OR ON ADJACENT BLOCKS. AND OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REWIRED INCIDENT TO THE RIGHTS HEREIN GNEN, AND THE RIGHT TO ENTER UPON THE SUBOMDED PROPERTY FOR ALL SUCH PURPOSES. OESIRUCTTONS SHALL NOT 8E PLACES OVER 'GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERLY, WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRAD: OF THE SUBONIDE0 PROPERT SHALL NOT 8E ALTERED 414 A MANNER 50 AS TO 1N1(9008E YAll/ TH0 PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM 'CONLON ELEMENTS' SHALL HAVE THE PAEANMG SET FORTH FOR SUCH TERM W THE 'CONOOLIINIUN PROPERTY ACT'. CHAPTER 765 ILLS 605/2, AS AMENDED FROM TIME TO TINE. 114E TERM '00MM044 AREA OR AREAS" IS DEFINED AS A LOT. PARCEL OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPOR00NMENT TO THE SEPARATELY OwNEO LOTS, PARCELS OR AREAS 1Y11HIN THE PUNNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHERW1SE DESIGNATED ON THE PUT BY TERNS SUCH AS 'OUTLOTS'. 'COMMON ELEMENTS'. 'OPEN SPACE'. 'OPEN AREA'. 'COMMON GROUND'. 'PARKING' ANO 'COMMON AREA'. TFC TERN 'COMMON AREA OR AREAS', AND 'COI NON BENENIS' INCLUDE REAL PROPERTY SURFACED WITH INTERIOR ORNEWAYS AND WAU(WAYS, 8UT EXCLUOES REAL PROPERTY P.SI.ALLY OCWPEO BY A BUILD... SEFNCE BUSINESS DISTINCT OR STRUCTURES SUCH A5 A DECK, PATIO, POOL RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACTURES WILL BE DONE 8Y GRANTEES AT COST OF 114E GRANTOR/LOT OWNER. UPON WRITTEN REQUEST. SEND TAX BILL T0: RETURN THE PLAT MYLAR T0: OWNER: NAME: THE LEXINGTON GROUP NAME: CITY OF DES PLANES NAME: THE LEXINGTON GROUP DEPARTMENT OF COMMUNITY AND ADDRESS: 1731 NORTH MARCEY ST. ECONOMIC DEVELOPMENT ADDRESS: 1731 NORTH MARCEY ST. SUITE 200 ADDRESS: 1420 MINER STREET SUITE 200 ADDRESS: CHICAGO, IL 60614 ROOM 301 ADDRESS: CHICAGO, IL 60614 ADDRESS: DES PLAINES. IL 60016 REVISED: MAY 23, 2013 (CITY COMMENTS 513.20131 REVISED: APRIL 17, 2013 (CITY COMMENTS 4.8.20131(13031421 REVISED: MARCH 28, 2013 (REMOVE ZONING) (121118•5U82) REVISED: MARCH 22, 2013 (REVISED LOTS) REVISED: OCTOBER I1, 2012 (REVISED BUILDING ALIGNMENT)(121118•SU82) REVISED: JULY 2, 2012 (VARIANCE NOTE) (1206414) REVISED: JUNE 14, 2012 (VILLAGE COMMENTS 2.2.1 I) REVISED: NOVEMBER 4, 2010 (REVISED 80066)(101192.2) DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME: LEXINGTON PARK Copy.914 t iFW S,' Eng & tapping, In<.. 1043. Alt ':gnts 'nerved P,otee .0nd Oseyn rem Roger.. #194-002103 SHEET 2 OF 2 35-2515 4c = PROFESSIONAL SRURVEYOR PREPARED 8Y: T F W STATE ` "°a SURVEYING U IS & °; 9 4.E.`;, MAPPING LAND SURVEYING TOPOGRAPHIC MAPPING ' CONSTRUCTION LAYOUT 880 LAST BELVIDLRE ROAD• SUITE 413. ORAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfwsurvey.com www.tfwsurvey.conl PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LEXINGTON PARK • PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK 'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINOPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 A5 DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. DIRECTOR OF PUBLIC WORKS AND ENGINEERING CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) APPROVED BY THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING OF THE CITY DES PLAINES. COOK COUNTY. IWNOIS, ON THIS _ DAY OF 201_. SIGNED: DIRECTOR OF PUBLIC WORKS AND ENGINEERING COMMISSIONERS CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS OF APPROVED BY THE CITY PLAN COMMISSION OF THE CfTY OF DES PLAINES. COOK COUNTY, ILLINOIS. ON THIS DAY OF A.D. 201_ A.D. PRESIDENT. PLAN COMMISSION. SIGNED: PRESIDENT SIGNED: ATTEST MAYOR AND CITY CLERK CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF COOK) APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF COOK COUNTY. ILLINOIS. AT A MEETING HELD THIS _ DAY OF _ 201_. DES PLAINES. SIGNED. MAYOR SIGNED: CITY CLERK UTILITY CERTIFICATES APPROVED AND ACCEPTED BY: COMPANY: COMMONWEALTH EDISON COMPANY NAME. TITLE' DATED THIS _ DAY OF A.D. 201_. COMPANY: AT&T, GRANTEES NAME: TITLE: DATED THIS _ DAY OF A.D 201_. COMPANY: NORTHERN ILLINOIS GAS COMPANY NAME: TITLE: DATED THIS DAY OF A.D. 201_. COMPANY: WIDE OPEN WEST NAME: TITLE: DATED THIS _ DAY OF A.D. 201_. SURVEYOR'S DESIGNATION OF RECORDING STATE OF ILLINOIS) COUNTY OF LAKE) SS I, THOMAS F. WASILEWSKI, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF ILUNOIL. HEREBY DESIGNATE OF IN (street name) (city. stole) PLAT WITH THE COOK COUNTY RECORDER OF DEEDS. THIS DESIGNATION IS GRANTED UNDER THE RIGHT TO DESIGNATE SUCH RECORDING UNDER CHAPTER 109, SECTION 2 OF THE ILLINOIS REVISED STATUTES. AS A CONDITION OF THIS GRANT, SAID DESIGNEE IS HEREBY REOUIRED TO PROVIDE TO THIS SURVEYOR, A CERTIFIED COPY OF SAID PLAT. IMMEDIATELY UPON RECORDING OF SAME. RECEIPT OF SAID CERTIFIED COPY WILL SER.: A5 NOTICE TO THE SURVEYOR T1491 THE PLAT HEREON DRAWN HAS BEEN RECORDED. DATED THIS 29th DAY OF OCTOBER, A.D. 2010. TO RECORD THIS ILLINOIS PROFESSIONAL LAND SURVEYOR 140. 35-2525 LICENSE EXPIRES NOVEMBER 30, 2014 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS) SS) COUNTY OF LAKE) I, THOMAS F. WASILEWSKI, AN ILLINOIS PROFESSIONAL LAND SURVEYOR. HEREBY CERT, THAT I HAVE SURVEYED AND RE-SUBDMDED THE FOLLOWING DESCRIBED PROPERTY TO -5017: BLOCK "A" IN LEXINGTON PARK, BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31. 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. - TOGETHER WITH THE WEST 7.96 FEET. AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WE' LINE THEREOF. OF BLOCK "8-. IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. ILLINOIS. AND THAT THE PLAT HEREON DRAWN IS A REPRESENTATION OF SAID SURVEY AND SUBDIVISION. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. 1 FURTHER CERTIFY THAT THE LAND INCLUDED BY SAID SURVEY IS WITHIN THE OMITS OF THE CITY OF DES PLAINES. I FURTHER CERTIFY THAT THE PROPERTY SHOWN HEREON FALLS PARTIALLY WITHIN FLOOD ZONE "X" - AREAS DETERMINED TO BE OUTSIDE THE 0.221 ANNUAL CHANCE FLOODPLAIN. AS PER MY REVIEW OF THE NATIONAL FLOOD INSURANCE PROGRAM - FLOOD INSURANCE RATE MAP: COMMUNITY PANEL NUMBER 17031002173 EFFECTIVE DATE AUGUST 19. 2008. I FURTHER CERTIFY THAT UPON COMPLETION OF CONSTRUCTION. CONCRETE MONUMENTS OR WITHIN 12 MONTHS OF THE DATE OF RECORDING OF THIS PLAT (WHICHEVER COME FIRST), AS SHOWN. AND IRON PIPES WILL BE SET AT ALL LOT CORNERS AFTER AUTHORIZATION AND PREPAYMENT FROM CLIENT. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARFOR FOR A BOUNDARY SURVEY. CERTIFIED Al GRAYSLAKE, ILLINOIS THIS 29t DS OflOCTOBER, A.D. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 35-2515 LICENSE EXPIRES NOVEMBER 30, 2014 Attachment 1 Page 119 of 155 Street Drive 8 8 Courtyard Enlarged Block Plan Scale: 1'.20' L R-4 CENTRAL CORE RESIDENTIAL (=WAKE 6TCOE N. R-4 CENTRAL CORE RESIDENTIAL North Scale: 1" = 50' 0 25 Lexington Homes 1731 North Marcey Suite 200 Chicago, IL 60614 312-280-0980 Attachment 1 pawn ca DC) M-2 GENERAL MANUFACTURING •••, •• • o• • , • 111t7e R-1 SINGLE FAMILY (RECREATIONAL) WILLOW 10 14 R-4 CENTRAL CORE RESIDENTIAL PHASE I ERGREEN AEI I II I 04 tr. 19 7- — R-4 CENtRAL CORE RESIDENTIAL I I I 1 1 1 I 4 5 R-1 SINGLE FAMILY R-3 TOWNHOUSE RESIDENTIAL 50 100 200 Tho dnIrt ,r,g3 ar0,a, fro f.v0 oniy, 61, 1,40c! ,nr.go bo,od vpon con, Conr!on3 o 11.4.0 Lql p:no Or, ) R-4 CENTRAL CORE RESIDENTIAL Site Plan 0 th a (10111 11 sUkt Tikarthp OVA ri tmeWa N111 I mow rge erg mgritairdriL-_ftax._, MOW IMMIlairlii0 1111141P11111141111111-10 Otrb lo be Relocated HARDING Enlarged Site Pion Scale: 1"=30' SITE INFORMATION LOT DATA TABLE Original Plan PHASES I and II Units Acms Minimum Setbacks BUILDING AREA op) Front Side Side Rear Townhome Units Approved -Phase I Condominium Unita (PreL PUD Approval) 120 120 8.28 1.18 18 9.163 en' sr 19 7,361 1311-1 Itir al Total Units Approved 240 13 9.46 (25.3611/A0 20 6.732 12.0' Tri t61' Current Plan PHASES I and II Units Acres 25 /on :7" Townhome Units Built -Phase I Townhome Units Proposed -Phase II 120 29 8.25 1.21 26 11,442 too ir, P62 27 6,308 ...,;171-- .1 ..0. 10.0 ..... .01 9.0' Total Units Proposed 149 9.46 (15.75 Da/Ac) Phase It Bulk Data Roqabcd Ptaposed Parcel Area — 53,901 SF Lot Area 10,000 SF Varies (See Table) Parking 58 Spaces (2:1 Ratio) 58 Spaces (Garages) (2:1 Ratio) Building Height 80' 38' Front Yard 12' Evergreen Vanes (See Table) Western Varies (See Table) Wildflower Varies (See Table) Side Yard 5' Varies (See Table) Rear Yard < of 25' or 20% Lot Depth Varies ($ee Table) Lexington Park Phase 11 Des Plaines, Illinois Date: June 2, 2013 2013 ELSE Dealgo. BSB DESIGN Page 120 of 155 I'1IIll iE AMA" PHABElAM9C PE EVERGREEN AVENUE II f 2TMD f 1 �j _ LiTI!if 4, N,rAe C•� L� 1 4RVLS 7-H 2.1ND IN o ii rNINCIIIimimiL - L ....... E. i i elliallLftp miffignr• err.ssigmomiimminsgmarmimm 7 LANDSCAPE PLAN HARDING AVENUE SCALE 1" Attachment 1 SEE FINAL LANDSCAPE PLANS FOR PHASE I T SITE CONTEXT MAP NOTE: LOCATION OF PHASE II INDICATED BY HATCHED AREA PLANT 8 MATERIALS LIST NOT TO SCALE CODE OTY. SIZE Shade Trees AAB 5 2.5' AFA 5 2.5' GPS 4 2.5' GT1 5 2.5' Evergreen Trees TOME 15 6' Evergreen Shrubs BOTANIC NAME Acer x freeman! Autumn Blaze Acer x freeman! Armstrong Ginkgo biloba'Princeton Sentry' 610411sia triancanthos car. inermis Thuja occidentalis Techny' EEG 26 3621.124" TMD 48 Large Deciduous Shrubs CSI 24 36" FS 12 36" — HAA 7 5 621.136" SMK 9 36" VCL 66 36" VNB 15 36" WWR 8 36" Small Deciduous Shrubs RA 54 24" RDKO 42 3 001.124" Ornamental Grasses CAB 18 1 Gal. MS3 21 3621. MSV3 15 3621. PDB3 25 3621. Perennials GR 84 1 Gal. HSD 96 1 Gal. RV LS 110 SAJ 104 1 Gal. SEF 54 1 Gal. Ground covers EC 96 3' Pot Materials 5 50 C.Y. E uonymus fortunei'Emerald & Gold' 24" Taxus media Densiformis' NOTES Cornus seric ea 1santi Redtwig' Forsythia 'Sunrise' Hytlrangea aboresc ens' Annabelle' Syringe 721012'Miss Kim' Viburnum dentatum'Chicago Lustre' Viburnum den Weigela florida Wine & Roses' COMMON NAME Autumn Blaze Freeman M aple Armstrong Freeman Maple (columna) Princeton Sentry Ginkgo (columnar) Thornless Common Honey locust Mission Arborvitae )Emerald & 6014 Euorymus Dense Yew Isanti Redtwig Dogwootl Sunrise Forsythia Annabelle Hydrangea _Miss Kim Lilac Chicago Lustre Viburnum t21um'Nodhern Burgantly' Northern Burgandy Arrowwood Viburnum Wine & Roses Weigela Ribes alpinum'Green Mound' Green M oun8 Alpine Currant Rosa Double Knock ON' Double Knock Out Rose Calamagrostis acutilora 'Overdam' Overdam Variegated Feather Reed Grass M olinia caerulea arundinacea 'Sky rac er' Skyracer Purple Moor Grass Miscanthus sinensis Variegatus' P anicum virgatum'Dallas Blues' Geranium'Rozanne' Hemerocallis 'Stella de 0m' Variegated Japanese Silver Grass Dallas Blues Switch Grass Rozanne Cranesbill Stella de Oro Day lily Rudbeckia fulgida var. specios Viette's Little Suzy Black -Eyed Susan Sedum spectabile'Autumn Joy' Autumn Joy Sedum Salvia 0 superba East Friesland' East Friesland Sage E uonymus fortunei 'Coloratus' PurpleleafWintercreeper Garden Mix (perennials & groundc over) Shredded Hardwood Mulch TBD S.Y. Fine Grade & Sod 1. AL PLANING BEDS AND TREE RINGS TO RECEIVE SIREDD® HARDWOOD IALILCHATA DEPTH OF 3' AND SHALL MPINTAM A SPADED EDGE. 2. LOCATIONS OF PUNT U&TERIAL ARE SUBJECT TO CHANGE BASED ON FNAL ARCHITECTURE NC FNAL LOCATION OF URLRIES. 3. CONTRACTOR SHALL BE RESPONSIBLE FCRCOMFLETNEI THAROWN TAKEOFFS. IFA DISCREPANCY 000LR3 BETWEEN THE RAN & PLANT LIST, THEN TIE PLAN SHALL IREVAIL 4. CONTRACTORSIW1 BE IESPONSBLE FOR INSTALLING ALL RANI MATERUL IN A PLUM P05NIOR. CONTRACTORS SI -PLL IMPLEMENT TREE SIMONS WHERE NECESSARY. 5. PLATT MATERIAL SHALL BE MMNTANED IN ITS NARATAL FORM 9. ALL TURF MEAS TO BE TREATED WITH KBl1UGLY BLUEGRASS BLEND SOC (MBERAI, NOT PEAT), LIIME.53 OTFERESE NOTED ON PLAN 7. PLAIT SPECIES MAY BE SUSSRTLIT® DlE TOTIME OF RANTING OR LM:I( OF AVAILA]IJTY AT TIME OF RANRNO, BUT ONLY WITH THE CONSENT CF THE LANDSCAPE ARCHITECT. IF SUBETITLRIONSARE MACE WTTHOUTTFE CONSENT CF THE LANDSCAPE ARCHTECT. THE LANDSCAPEARCHITECI RESERVES THE RIGHTTO REJECT RANT MATEPoAL IN THE FIELD. 9. FOR PLANTING DETAILS AND PUNT & MATERIAS UST, SEE THIS BEET. 9. FOR PHASE! LANDSCAPE, SEE FINAL LANDSCAPE PLANS PREPARED BY FL(PL.EY & L)1HAE, LTC. PLANTING DETAILS PLAITING NOTES TREE PLANTING - TREE STAKING NOT TO SCALE EVERGREEN TREE PLANTING NOT TO SCALE PLAITING NOTES NOTE` rrws As 103•119 iRMLLRII MULTI -TRUNK TREE STAKING NOT TO SCALE SHRUB PLANTING INK, WARR IS MI RAN NOT TO SCALE RUN r.nLLFD wrier amiwmr 11 PERENNIAL PLANTING DETAIL NOT TO SCALE E I� 1 AS MOM 1 -1 Job no. 073704 Page 121 of 155 0 Attachment 1 Front Elevation scale: 3/16" = Right Elevation scale: 3/16" =1'0" 4„0-Frrai-o F1..fi . Mr ,„ ,11„ . • • Left Elevation scale: 3/16” = 1'0" Lexington Homes Chicago, Illinois Th• Orrwrgs przesanNoo as Yam. e *wads, Dna ma., any on an sur,1 lo nas. foment...7 6.seriersbons.ppfl�S St aa.srb MEP chrsor topur ern., urf plan / Icor plsr eltang, fti oomilmomoim mr1:1.11.1 ••• Ns datusimiusimilim 01=1DOCIEI • MOIDOCIN EIEMTJEIDIE 001=10EICID, ODDE1171m 171L._ ElE1771 ElE1=71710EIN _1=0E1000 Rear Elevation scale: 3/16" = 1'0" EIDDIDEDID MODE:101=1 DOODIDEIEI Phase 11 Lexington Park Des Plaines, Illinois Date: Apri117, 2013 02013E030.00. BSB DESIGN Page 122 of 155 Attachment 2, Location Map - Lexington Park Phase 11 Prepared by Community and Economic Development Department: SM, January 24, 2013 Attachment 2 Page 123 of 155 Attachment 3 Lexington Park Phase II — Looking West at 'Wildflower & Evergreen Lexington Park Phase II — Looking North near Western & Harding Lexington Park Phase I — Park -like courtyard Attachment 3 Lexington Park Phase I — Alley/Rear-yard Page 124 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 1 eci" OF N r� X11 1`' 11 DES PLAINES) ILLINOIS DES PLAINES PLAN COMMISSION MAY 13, 2013 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Monday, May 13, 2013 at 7:00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Niemotka, Yi, Bar, Lane, Perez ABSENT: None Also present was Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Niemotka called the meeting to order at 7:03 P.M. Commissioner Yi pointed out two corrections to the first page of the minutes of January 28, 2013. A motion was made by Commissioner Yi and seconded by Commissioner Perez to approve the minutes of January 28, 2013 and February 25, 2013 with the corrections pointed out by Commissioner Yi. AYES: NAYES: Yi, Niemotka, Bar, Lane, Perez None NEW BUSINESS Address: 254 Laurel Avenue, (Located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue) Case Number: 05 -031 -PUD A Final Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 29 Townhomes on approximately 1.1 acres as Phase II of the Lexington Park PUD in the R-4, Central Core Residential Zoning District with requested PUD exceptions for lot Attachment 4 Page 125 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 2 sizes as small as 6,732 square feet, instead of not less than 10,000 square feet, setbacks as small as 3 -feet (front yard) instead of not less than 12 -feet, 3 -feet (side yard) instead of not less than 5 -feet, and 9 -feet (rear yard) instead of not less than 12.6 -feet (20 percent of lot depth); A Final Plat of Resubdivision of an existing lot is requested to result in a total of 6 lots with a subdivision variation from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 - feet; PINs: 09-17-213-001, 09-17-213-007 Petitioner: Lexington Homes Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614 Owner: Lexington Homes Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL60614 Chairman Niemotka asked if there have been any changes since the last meeting. Chairman Niemotka swore in the following individual: Attorney Bemard Citron, with the law firm of Thompson Cobum, representing Lexington Homes. Mr. Citron stated that there are two changes: 1. The text amendments were approved by the City Council, so they are not asking for some of the variations or exceptions that they were asking for before. The only physical change from when the this was last at the Plan Commission is that Western Ave. is a reduced pavement width is now a one-way. 2. On the existing row of townhomes along Harding, they widen Western and now there is a carriage walk there. Mr. Citron confirmed that there are only two physical changes: 1. Western Ave. is a one-way. 2. There is a carriage walk along Western. Mr. Citron stated that the carriage walk is against the existing development. They do not have a presentation but a full team present to answer any questions. Chairman Niemotka said he had no question and asked the commissioners if they had any questions regarding the change that was made. Commissioner Lane asked how much of Western Ave. will become one way? Only where it affects your property? Mr. Citron replied yes, only from Evergreen down to Harding. Commissioner Lane asked which direction? Attachment 4 Page 126 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 3 Mr. Citron replied north. Wildflower will have no changes and will stay the same and Evergreen stays the same. Commissioner Yi commented that often with one-way, there is a street that counters, and asked if there is any consideration to offset the one way on Western? Mr. Citron replied No, because Wildflower is two-way. Traffic will be able to go southbound and northbound on Wildflower. Western only serves our development at this location. Commissioner Perez asked if the City took a traffic study, the change on Westem? Mr. Mangum replied there was a traffic study initially with the development back in 2007. As far as the one block segment of Westem, staff did not require additional traffic study for the minimal change. Mr. Citron commented to remember that this originally was developed for 120 condominium units. The density is now less.. Commissioner Perez commented that he asked the previous question because traffic is important for the residents. Mr. Citron stated that if Wildflower would have been changing to a one way, then a traffic study would probably have been required. Mr. Citron repeats the only people who are using Western going northbound are from the 29 townhomes in Lexington Park Phase II. Commissioner Lane asked, what is the current zoning for the Schawaty's piece? Mr. Mangum replied it was also R-4, the same district as this project. Commissioner Lane asked it was changed to R-4? Mr. Mangum replied that is correct, it was rezoned. The whole area was previously manufacturing. It was rezoned as part of a previous application to develop residential. Chairman Niemotka asked if the commissioners had any questions for Mr. Citron. They had none. Chairman Niemotka asked City Staff to summarize the staff report as follows: Issue: A Final Planned Unit Development (PUD) is requested under Section 3.5 of the 1998 City of Des Plaines Zoning Ordinance, as amended, to allow for the construction of 29 Townhomes on approximately 1.1 acres as Phase II of the Lexington Park PUD in the R-4, Central Core Residential Zoning District with requested PUD exceptions for lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet, setbacks as small as 3 -feet (front yard) instead of not less than 12 -feet, 3 -feet (side yard) instead of not less than 5 -feet, and 9 -feet (rear yard) instead of not less than 12.6 -feet (20 percent of lot depth); A Final Plat of Resubdivision of an existing lot is requested to result in a total of 6 lots with a subdivision variation from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 - feet; Analysis: Attachment 4 Page 127 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 4 Owners: Petitioner: Case Number: Real Estate Index Numbers Existing Zoning Existing Land Use Surrounding Zoning Surrounding Land Use Street Classification Comprehensive Plan Development Schedule Project Description Final Planned Unit Development Report Lexington Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614 Lexington Des Plaines LLC, 1731 Marcey Street, Suite 200, Chicago, IL 60614 05 -031 -PUD 09-17-213-001, 09-17-213-007 R-4, Central Core Residential Vacant land (Phase II) North: M-2, General Manufacturing South: R-4, Central Core Residential East: R-1, Single Family Residential, R-3 Townhouse Residential West: R-4, Central Core Residential North South East: West: Phase I Townhomes, Railroad Tracks, Manufacturing Multi -family residential Phase I Townhomes, Single Family Residential Vacant Land Westem Avenue, Evergreen Avenue, Harding Avenue, and Wildflower Street are all local streets. Low density multi -family residential is the recommended use of the property. 2013 Construction On October 18, 2007, the City Council approved the Final Planned Unit Development for Phase I of the Lexington Park townhome development at a former industrial site located at 254 Laurel Avenue. The plan included a small area, identified as `Block A,' which was excluded and intended as a Phase II component. Construction of townhomes on the major portion of the Lexington property, the 8.2 -acre Phase I site, began in 2008 and is nearing completion. The smaller, 1.2 -acre Phase II site received preliminary PUD approval for two condominium structures with a total of 120 units. Those entitlements expired and the developer is now presenting a plan for 6 buildings with 29 townhome units on the Phase II site. Six townhome buildings, organized into three rows of townhomes are proposed on the site. The two northernmost buildings would front Evergreen Avenue, while the remaining four buildings would face each other with an approximately Attachment 4 Page 128 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 5 Modifications from Preliminary PUD/Plat: 20 -30 -foot wide landscaped courtyard with walkway separating the structures. An eight foot separation is proposed between the new buildings. Access to attached two car garages for each unit would be provided by two 33 -foot wide private alleys. Western Avenue would be extended to connect with Evergreen Avenue with a width of 23 -feet from back of curb to back of curb and a minimum roadway width of 20 -feet. Western Avenue was reduced from a roadway width of 28 -feet to a a minimum roadway width of 20 -feet with one-way northbound traffic. This modification was approved by the City Council as part of the Preliminary PUD on April 1, 2013. PUD Findings As required, the proposed development is reviewed below in terms of the findings contained in Section 3.5-5 of the Zoning Ordinance: A. The extent to which the Proposed Plan is or is not consistent with the stated purpose of the PUD regulations in Section 3.5-1: Comment: The proposed plan is consistent with the stated purpose of Section 3.5-1 of the Zoning Ordinance in so far as the proposed townhome development would allow for an efficient use of land resulting in more economic networks of utilities, street and other facilities not be possible under the strict application of the Zoning Ordinance based on the proposed density of residential development on the site. B. The extent to which the proposed plan meets the prerequisites and standards of the planned unit development regulations: Comment: The proposed Planned Unit Development meets all PUD requirements contained in Section 3.5-2 of the Zoning Ordinance as it would be located in a zoning district (R-4) that permits PUDs, it meets the minimum size standard of two acres, as it is 9.5 acres in size, and the land for Phase II is under unified control of Lexington Homes, LLC. C. The extent to which the proposed plan departs from the applicable zoning and subdivision regulations otherwise applicable to the subject property, including, but not limited to the density, dimension, area, bulk, and use and the reasons why such departures are or are not deemed to be in the public interest: Comment: The proposed development meets or exceeds the following applicable zoning regulations as proposed for the R-4, Central Core Residential District: • Minimum size for PUD; Two acres are required; the total site is 9.5 acres; • Maximum building coverage (Not applicable in R-4, Central Core Residential); • Parking requirements; 58 spaces (2/unit) are required; 58 are proposed; • Building Height; A maximum height of 80' is allowed and a maximum of 38' is proposed; • Compatibly with surrounding properties; and • Traffic (Adequate provision for safe ingress and egress and minimal traffic congestion) Planned Unit Development exceptions are requested for: Attachment 4 Page 129 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 6 • (1) Lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet. The proposed lot sizes are smaller than what is allowed by code which acts to reduce the amount of landscaping and open space provided per lot. An average of approximately 1,817 square feet of lot area is provided per unit in comparison to the 2,800 square feet per unit that would be required in the R-3, Townhouse Residential district. The development does exceed the minimum lot area required per unit of 1,500 square feet in the R- 4 District and some common open space areas are provided. • (2) Front -yard setbacks of as small as 3' instead of not less than 12', side -yard setbacks of as small as 3 - feet, instead of not less than 5 -feet and rear -yard setbacks of as small as 9 -feet, instead of not less than 12.6 -feet (20 percent of lot depth). The proposed setbacks are a reduction from the 7' -front yard setbacks approved in Phase I, however, the reduced front yard setbacks proposed would create wider alley access to accommodate current Fire Code standards while maintaining the proposed number of units. D. The extent to which the physical design of the proposed development does or does not make adequate provision for public services, provide adequate control of vehicular traffic, provide for, protect open space, and further the amenities of light and air, recreation and visual enjoyment: Comment: After reviewing the petitioner's preliminary building and site improvement plans; it appears that the proposed development is making adequate provision for the necessary infrastructure. Comments and conditions from the Public Works and Engineering Department further address this issue. Pedestrian access to the site would be provided by a continuation of the sidewalk network through the site. No additional open space is proposed as part of Phase II, but wider park -like courtyards in addition to detention and open areas along the railroad tracks were provided as a part of Phase I. The control of vehicular traffic is addressed by the petitioner's professional 2007 traffic study, which was performed by KLOA of Rosemont, IL. The study concludes, "The project site is well situated with respect to the area roadway. The roadway system in the area, together with the proposed access plan, will provide sufficient capacity to accommodate the projected traffic demands by the proposed development." The City's Engineering Division reviewed the traffic study. E. The extent to which the relationship and compatibility of the proposed development is beneficial or adverse to adjacent properties and neighborhood: Comment: The architecture of the proposed 29 -unit Phase II townhome development is identical to the 116 units in Phase I. Compatibility is provided at the expense of architectural variety. The development does continue the existing City street grid and Phase II would connect Western Avenue to Evergreen Avenue. F. The extent to which the proposed plan is not desirable to physical development, tax base and economic well-being of the entire community: Comment: The Phase II location is vacant. If the development is built as proposed with the 29 townhomes, the assessed valuation of the property may increase, which will result in an increase in property tax revenue for the City of Des Plaines and thus enhance the economic well-being of the City. Of course, once the townhomes are built and occupied, there will be greater demands on city services, city streets and other public facilities. It is assumed that the city's current public services and public facilities will be able to handle the increased need for services at this location without being overburdened. Attachment 4 Page 130 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 7 G. The extent to which the proposed plan is in conformity with the recommendations of the 2007 Comprehensive Plan: Comment: The proposed townhome development generally conforms to the land use plan contained in the 2007 City of Des Plaines Comprehensive Plan. The proposed development is in conformity with the plan's stated goal for Low Density Multi -Family Residential which calls for residential areas consisting primarily of low-rise multi- family, duplex, and townhouse dwellings, generally with a density of up to 22 dwelling units per acre. The plan also calls for this type of residential to be developed on vacant and/or former industrial sites west of downtown. In addition, townhouses in this area of the city could be in conformity with the 2007 Comprehensive Plan's (Chapter Two) goals for Land Use and Development. Specifically, the proposed townhouses could serve, "to provide high quality and diverse housing options for city residents." PUD Issues/Considerations: 1. While uniform with the Phase I development, the architectural design and unit types lack variety. 2. The orientation and configuration of the townhome buildings lack presence on Wildflower Street and Western Avenue. 3. The reduced yard setbacks and distance between buildings reduces useable open space. Final Plat Report Name of Subdivision: Lexington Park Phase II Address: 254 Laurel Avenue, (Located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue) Request: Approval of a Final Plat of Subdivision consisting of six lots. Total Acreage of Resubdivision: 1.21 acres General Information Lot Descriptions and Construction Plans: The Final plat shows the existing lots being resubdivided into six lots: Lot #18 (9,163 square feet) would have approximately 63 feet of frontage on Wildflower Street with a 6 -unit townhome building facing north; Lot #19 (7,361 square feet) would have approximately 72 feet of frontage on Wildflower Street with a 4 -unit townhome building facing south; Lot #20 (6,732 square feet) would have approximately 67 feet of frontage on Wildflower Street with a 4 -unit townhome building facing north with approximately 101 feet of frontage on Evergreen Avenue; Lot #25 (8,578 square feet) would have approximately 70 feet of frontage on Westem Avenue with a 5 -unit townhome building facing north with approximately 118 feet of frontage on Evergreen Avenue; Lot #26 (11,442 square feet) would have approximately 83 feet of frontage on Western Avenue with a 6 -unit townhome building facing south; Lot #27 (6,308 square feet) would have approximately 63 feet of frontage on Westem Avenue with a 4 -unit townhome building facing north. A subdivision variation is requested from Section 13.2-5(L) for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet. While the requested right-of-way width is less than required, the proposed 23 -foot width of Western Avenue would allow for one-way traffic northbound. Final Plat Comments Attachment 4 Page 131 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 8 1. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of Subdivision to list all Planned Unit Development exceptions requested: minimum lot size, and front, side, and rear yard setbacks in the R-4 Zoning District. 2. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of Subdivision to include the subdivision regulations variation requested for a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet. Plan Commission Procedure The Plan Commission may vote to grant or deny the Final Plat of Subdivision. Staff Recommendations: The Department of Community and Economic Development recommends consideration of the Final Planned Unit Development and consideration of the Final Plat of Subdivision. The Public Works and Engineering Department recommends approval of the Final PUD and Final Plat of Subdivision, subject to condition #4 listed below. The Engineering Division has preliminarily reviewed the Final Plat of Subdivision, Final Engineering Plans, Engineer's Cost Estimate and the Traffic Study and is recommending approval subject to the conditions and comments below. The City of Des Plaines Fire Department recommends approval of the Final PUD, and approval of the Final Plat of Subdivision, subject to conditions #5 — #7, as listed below. Conditions: 1. Prior to consideration by the City Council, the petitioner shall prepare a revised original mylar Final Plat of PUD to remove Site Data regarding previously proposed Phase II for the purposes of clarifying what is included in the current Phase II submittal. 2. Prior to consideration by the City Council, the petitioner shall provide written proof of Final Engineering approval from the City of Des Plaines Public Works and Engineering Department. 3. The petitioner shall pay all applicable building permits and related fees. 4. Prior to consideration by the City Council, the petitioner shall make any corrections to Final Plat of Subdivision, Final Engineering Plans, and Engineer's Cost Estimate to the satisfaction of the Director of Public Works and Engineering. 5. Provide sufficient fire hydrants on 8 -inch looped mains to the satisfaction of the Fire Chief 6. Provide sufficient emergency vehicle turning radius to the satisfaction of the Fire Chief 7. Access roads shall be designed to support the imposed loads of fire apparatus. Plan Commission Procedure: The Plan Commission may vote to recommend approval, approval Council has final authority over the Final PUD. h modifications, or disapproval. The City Chairman Niemotka asked the commissioners if they had any questions for Mr. Mangum. Attachment 4 Page 132 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 9 Commissioner Yi commented he would like to see a stronger recommendation by the staff Staff recommends simply considering, recommending consideration, they didn't recommend approval or disapproval. Commissioner Yi stated he would feel more comfortable if he would have had a stronger recommendation by the staff Chairman Niemotka asked the commissioners if they had any questions. They had none. Chairman Niemotka asked if there was anyone in the audience that had any comments. Karen Schmidt a resident from 1313 Willow Ave. Des Plaines, IL 60016, asked where the storm water will go from the townhomes. Resident was concemed the creek near her house gets very high. Chairman Niemotka swore in the following individual: Mr. Ron Adams with Pearson, Brown, and Associates, stated the storm water goes to an onsite water facility and it discharges in a storm pipe that goes across Willow Park into the creek at the east end of Willow Park. The property where the 29 lots are, were included in the original detention calculations. Ms. Schmidt asked if anyone took photographs of what happened with the creek when the flood occurred. Ms. Schmidt stated the water came up very high and her concem is with the additional run off that it will hit more houses on Willow Ave. Ms. Schmidt asked if there was any review of that. Chairman Niemotka asked if the City do anything in that particular area. Checked with FEMA? Mr. Mangum replied a large number of the City Staff has been out doing flood assessments. Ms. Schmidt expresses her concern that the existing residents will be hurt financially and emotionally by flooding. Mr. Adams explains the detention facilities and that it should not affect other properties. Commissioner Lane asked what type of detention is provided. Mr. Adams replied that there are two underground vaults north off of Willow and one open detention facility at the northwest corner. Mr. Adams stated that once everything is developed they would have done detention in accordance with the rules and regulations of both City and the Metropolitan Water Reclamation District. Ms. Schmidt asked if there is going to be an additional detention for the location they will develop. Mr. Adams answered no; the detention for the portion of the property was already designed and constructed. The town houses will drain into the existing detention facilities. Ms. Schmidt asked if the underground detentions slowly release into the creek. Mr. Adams answered yes, they slowly release. There is a restrictor in the outlet and only so much water can go through and anything that can't get through there builds up. The water builds up 7 feet high, when it reaches 7 feet of depth from normal water to high water then our required volume is accommodated. Mr. Adams stated he doesn't believe the water reached that level with this last event. Chairman Niemotka asked the open facility, the pond itself, did that over top? Attachment 4 Page 133 of 155 Case #05-031-FPUD — 254 Laurel Avenue Page 10 Mr. Adams answered, no. Chairman Niemotka asked if anyone had any final questions. Commissioner Perez asked if this is approved, when they will start. Chairman Niemotka swore in the following individual: Mr. Moses Cukierman with Lexington Homes answered they plan to start construction right after they receive the final approval. They have applied for building permits for the day after or week after they receive approval from the City Council. Commissioner Perez asked if they will start with all the units. Mr. Cukierman replied yes. They sold 7 units but lost 2 of the units because they could not deliver on time. Mr. Cukierman stated he would like to request the help of City Council so they can get a second reading and a first reading at the same meeting. They will start the building in which the units have been sold first because they are in a hurry to deliver. A motion was made by Commissioner Bar seconded by Commissioner Perez to approve the Final Plat of Subdivision and Final Planned Unit Development, subject to conditions presented in the staff report. AYES: Niemotka, Bar, Lane, Perez NAYES: None ABSTENTIONS: Yi MOTION CARRIED Meeting was adjoumed by Chairman Niemotka at 7:30 P.M. Sincerely, Robert Niemotka, Chairman Des Plaines Plan Commission cc: City Officials, Aldermen, Plan Commission, Petitioner Attachment 4 Page 134 of 155 May 13, 2013 Mayor Bog11 7 and Des Plaines City Council CITY OF DES PLAINES City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Subject: Plan Commission Case # 05-031-FPUD, 254 Laurel Avenue, (Located between Wildflower Street, Western Avenue, Evergreen Avenue, and Harding Avenue) RE: Request for Final Planned Unit Development and Final Plat of Subdivision Honorable Mayor and Members of the Des Plaines City Council: The Plan Commission met on May 13, 2013 to consider the above petition. The Plan Commission submits the following: 1. Bernard Citron, Attorney for the petitioner, Ron Adams, Engineer, and Moises Cukiennan, representative for the petitioner, presented the pertinent facts. 2. The Department of Community and Economic Development recommended consideration of the Final Planned Unit Development and Final Plat of Subdivision. 3. One member of the public spoke regarding the request. 4. The Plan Commission recotrunended (4-0), with one abstention, that the City Council approve the Final Planned Unit Development and Final Plat of Subdivision. Respectfully submitted, Robert Niemotka Des Plaines Plan Commission, Chairman cc: City Officials Aldermen Plan Commissioners Attachment 5 Page 135 of 155 CITY OF DES PLAINES ORDINANCE Z - 13 - 13 AN ORDINANCE TO ALLOW A CONDITIONAL USE FOR A FINAL PLANNED UNIT DEVELOPMENT (PUD) WITH PERMITTED BULK EXCEPTIONS FOR 254 LAUREL AVENUE, DES PLAINES, ILLINOIS. (Case #05 -31 -PUD). WHEREAS, application has been made by Lexington Des Plaines, LLC, ("Petitioner") for a Final Planned Unit Development consisting of twenty-nine townhouse units and permitted PUD bulk exceptions ("Application") at that certain property commonly known as 254 Laurel Avenue, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is zoned R-4, Central Core Residential District; and WHEREAS, on April 1, 2013, the City Council adopted Ordinance Z - 10 - 13 approving Petitioner's Preliminary Planned Unit Development and Tentative Plat of Subdivision in connection with the Subject Property; and WHEREAS, within fifteen (15) days after the receipt of the Application, the Application was referred by the Department of Community Development to the Plan Commission of the City of Des Plaines: and WHEREAS, within ninety (90) days after the date of the Application a public hearing was held by the Plan Commission on May 13, 2013 pursuant to publication in the Daily Herald on April 27, 2013; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Plan Commission heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the provisions of the Zoning Ordinance. The Plan Commission filed a written report of such testimony and evidence and their recommendations thereon to the City Council on May 13, 2013; and WHEREAS, the Plan Commission's recommendation to approve the Application was subject to certain conditions that the Petitioner was required to fulfill prior to consideration of the Application by the City Council: (1) the preparation of a revised original mylar Final Plat of Planned Unit Development; (2) the correction of the Final Plat of Subdivision, Final Engineering Plans, and Engineer's Cost Estimate to the satisfaction of the City Director of Public Works and Engineering, and (3) the acquisition of final written engineering approval of the Final Planned Unit Development by the City Department of Public Works and Engineering; and 1 Page 136 of 155 WHEREAS, City staff has found that the Petitioner has fulfilled the conditions established by the Plan Commission; and WHEREAS, the Petitioner made certain representations to the Plan Commission with respect to the proposed Final Planned Unit Development, which representations are hereby found by the City Council to be material along with further conditions set forth by the City Council and upon which the City Council relies in granting the Application subject to certain terms and conditions; and WHEREAS, the City Council has studied the respective written reports of the Plan Commission, together with the applicable standards set forth in the Zoning Ordinance, the Staff Report dated May 16, 2013, the Final Plat of Planned Unit Development, and the Final Plat of Subdivision, together with the attachments to the Staff Report, which include the Petitioner's applications for subdivision and Final PUD; the Ownership Title Policy; the Declaration for Lexington Park Townhomes; the Engineering Plans; the Engineering Cost Estimate for Public Improvements; the Final Plat of Planned Unit Development; the Construction Schedule; the Location Map; the Site and Context Photos; and the Draft Minutes of the Plan Commission of May 13, 2013; and the Letter to the Mayor and City Council from the Plan Commission, dated May 13, 2013; which form part of the basis for this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Final Planned Unit Development. SECTION 2: CONDITIONAL USE PERMIT. The City Council finds that the provisions of Section 3.4-5 of the Zoning Code are met by this proposed project and a Conditional Use is authorized and hereby approved. The Conditional Use granted herein is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. Based upon the written reports of the Plan Commission, the applicable standards set forth in the Zoning Ordinance, the representations to the Plan Commission made by the Petitioner, the Final Plat of Planned Unit Development prepared by TFW Surveying and Mapping, Inc., revised May 31, 2013, a copy of which is attached hereto 2 Page 137 of 155 and made a part hereof as Exhibit A, and the Final Plat of Subdivision prepared by TFW Surveying and Mapping, Inc., revised May 23, 2013, a copy of which is attached hereto and made a part hereof as Exhibit B, the City Council hereby grants the following to the Petitioner for the Subject Property: 1. A Conditional Use for Final Planned Unit Development to construct twenty-nine townhouses on approximately 1.1 acres as Phase II of the Lexington Park Planned Unit Development in the R-4 Central Core Residential Zoning District. 2. The following permitted PUD Bulk Exceptions: (1) Lot sizes as small as 6,732 square feet, instead of not less than 10,000 square feet. (2) Setbacks a small as 3 -feet (front yard), instead of not less than 12 -feet, 3 -feet (side yard), instead of not less than 5 -feet, and 9 -feet (rear yard), instead of not less than 12.6 -feet (20 percent of lot depth). 3. A subdivision variation from Section 13.2-5 L. to allow a right-of-way width of as narrow as approximately 33 -feet, instead of not less than 66 -feet. SECTION 3: LIMITATIONS. The following Limitations on Conditional Uses shall apply in accordance with the City of Des Plaines Zoning Ordinance, Sections 3.4-8 "Limitations on Conditional Uses" and 3.4-9 "Effect of Approval". 3.4-8: A. No conditional use permit shall be valid for a period longer than one year unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion. However, the City Council may extend the one-year period to a mutually agreed upon time. B. The approval of a proposed conditional use permit by the City Council shall be deemed to authorize only that particular use at that particular location for which the conditional use was issued. C. Except when otherwise provided for in this Ordinance, a conditional use shall be deemed to relate to, and be for the benefit of, the use and lot in question, rather than the owner or operator of such use or lot. 3.4-9: The approval of a conditional use permit application by the City Council shall not authorize the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for such permits or approvals as may be required by the regulations of the City, including but not limited to a Zoning Certificate and a building permit. 3 Page 138 of 155 SECTION 4: PLAN COMMISSION. The Plan Commission's recommendations, findings and conditions found in the May 13, 2013 letter from Robert Niemotka, Chairman of the Plan Commission, are incorporated herein by reference as if fully set forth herein. SECTION 5: LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: BLOCK "A" IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST '/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST '/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116082, IN COOK COUNTY, ILLINOIS. TOGETHER WITH - THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK "B", IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST '/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST '/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116082, IN COOK COUNTY, ILLINOIS. PINS: 09-17-213-001 09-17-213-007 Commonly known as 254 Laurel Avenue, Des Plaines, Illinois. SECTION 6: CONDITIONS. The Final Plat of Subdivision is hereby approved for the Final Planned Unit Development, and use of the subject property consisting of approximately 1.1 acres is subject to the following terms and conditions: 1. The Petitioner shall pay all applicable building permits and related fees. 2. The Petitioner shall complete the construction and installation on the Subject Property of all public improvements set forth in the Engineering Cost Estimate for Public Improvements attached to, and by this reference made a part of, this Ordinance as Exhibit C. 3. The Petitioner shall provide sufficient fire hydrants on 8 -inch looped mains to the satisfaction ofthe Fire Chief. 4. The Petitioner shall provide sufficient emergency vehicle turning radius to the satisfaction ofthe Fire Chief. 4 Page 139 of 155 5. The Petitioner shall design access roads to support the imposed loads of fire apparatus. SECTION 7: EFFECT. The terms and conditions of this Ordinance shall constitute authorization for development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that there might be any conflict. The terms of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest to the Subject Property, including grantees and assigns of Petitioner. Except for the foregoing limitation, the development of the Subject Property is subject to all terms and conditions of the applicable existing ordinances and regulations, and as they may be amended from time to time, of the City of Des Plaines, including, without limitations, zoning ordinances, building codes and subdivision regulations and construction and designs for public improvements. SECTION 8: NONCOMPLIANCE. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than seventy-five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. That any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees. SECTION 9: EFFECTIVE DATE. This Ordinance shall be in full force and effect only after the occurrence of the following events: 5 Page 140 of 155 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. its execution and delivery to the City Clerk, not less than 60 days after passage and approval by the City Council or within such extension of time as may be granted by the Corporate Authorities, by the owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance; and 4. its recordation, at the Petitioner's sole cost and expense, together with such exhibits as the City Clerk deems appropriate, with the Office of the Cook County Recorder. SECTION 10: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 6 Page 141 of 155 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this Approved as to form: day of , 2013. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the Subject Property in accordance with the terms of this Ordinance. Dated: Legal\Ord\Special\CU\DP-Ordinance 254 Laurel Final PUD #23207922 v3 7 (Signature) Page 142 of 155 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 AREA SUMMARY (EXISTING PROPERTY) PART OF BLOCK B 614 SQ. FT. BLOCK A 52,477 SQ. FT. TOTAL AREA SUBDIVIDED 53,091 SQ. FT. AREA SUMMARY (NEW SUBDIVISION) LOTS 18, 19, 20, 25, 26 & 27 49,584 SQ. FT. 1.1383 DEDICATION 3,507 SQ. FT. 0.0805 (WESTERN AvENUE) TOTAL AREA SUBDIVIDED 53,091 SQ. FT. 1.2188 SEE PLAT OF INDIVIDUAL LOT AREAS. GRAPHIC SCALE O 10 a a ao ( 18 FEET ) 1 Inch - 40 ft. 0.0141 ACRES 1.2047 ACRES 1.2188 ACRES NOTE: THIS SUBDIVISION IS A PART OF A LARGER DEVELOPMENT AND CONSISTS OF LOTS 18. 19, 20, 25, 26 AND 27 ONLY. BSL - BUILDING SETBACK LINE OFF STREET VEHICLE PARKING: SPACES RATIO 58 2.00 P/U UNE 175.0' NORTH. MEASURED AT RIGHT ANGLES. AND PARALLEL 811H THE SOUTH LOT LINE OF LOT HEREBY DEDICATED FOR PUBLIC ROAD PURPOSE WESTERN AVENUE SEE NOTE F ACRES ACRES ACRES 2 0 z FINAL PLANNED UNIT DEVELOPMENT LEXINGTON PARK - PHASE TWO PUD LEXINGTON PARK - PHASE TWO, BEING A FINAL PLANNED UNIT DEVELOPMENT OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK 'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. NOTE: BLANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT CREATED PER LEXINGTON PARK RECORDED MARCH 31. 2008 AS DOCUMENT 0809116062 IS HEREBY VACATED, ABROGATED AND ABOLISHED. O 0 0 O z N') LI) O 0) N S89'58"50""E --252.72'-- BLANKET -252.72'-- 0,6 BIANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT HEREBY VACATED, ABROGATED AND ABOUSHED BLOCK A (PER DOC 0809116062) EXCEPTION TO BLANKET EASEMENT E_ 83.70 _ 1 S89'5850E 81' 'I8 73.00 _I L 589'58'50-E 245.02' (9E BDLOCQ 08091166062) S87'23'26'W d'o 00 0 O b N o EXISTING UNDERLYING PROPERTY INFORMATION & VACATION OF EXISTING EASEMENT EVERGREEN AVENUE (ASPHALT PAVEMENT) (11110 WAY DIRECTION) S89'58' 50”E —— 34.56' 4 8 3. 801 117.50' 1207 1209 1 1211 (EVERGREEN AVENUE ADDRESSES) LOT 25 8578 5F I 137.14' 0' II 100.66' lilt 3.0E —,1 I— I 1 1215 1217 I 1219 1 1221 WI (EVERGREEN AVENUE ADDRESSES) r0 1 Dor LOT 201 I 0 6732 5F I I DD O 0 z PRIVATE ALLEY (ASPHAET PAVEMENT) 100.66' , N89'58' 50"W CONCRETE UONUMENT CENTER UNE OF FORMER CHICAGO &�i NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.C.C. /198 1 138.39' S89'58'50"E BLOCK A 01 (PER 00C 0809116062) 301 303 1 305 307 309 (WESTERN AVENUE ADDRESSES) I I LOT 261 11442 52 I I 1 304 1 302 300 (WILDFLOWER STREET ADDRESSES) LOT 19 7361 SF II S87'23.26"W 145.50' —7.96' DEDICATION 146.56 1 1/1 I 1 (;) 0 313 I 315 : 397 1 319 wL++ (WESTERN AVENUE ADDRESSES) O IAI LOT 271 i m 6308 SF I 1 I 1 I 1 312 318 316 314 I I (WILDFLOWER STREET ADDRESSES) (LOT 1811 9163 SF 143.66' S87'23'26'W 5000' SITE PLAN: PHASES ONE & TWO TOWN HOMES UNITS APPROVED PHASE ONE 120 UNITS 8.2 ACRES TOWN HOMES UNITS APPROVED PHASE TWO 29 UNITS 1.2 ACRES TOTAL UNITS APPROVED 149 UNITS 9.46 ACRES DWELLING UNITS PER ACRE: 15.75 DU/AC GROSS (+ROW) PHASE ONE & TWO COMBINED FLOOR AREA BASED ON UNIT DISTRIBUTION FROM CLIENT: 510 (9), 520 (9), 530 (11) UNIT 510 HEATED SQ FT = 1605 & GARAGE SQ FT = 415 TOTAL SQ FT = 2020 X 9 UNITS = 18180 SO FT UNIT 520 HEATED SO FT = 1758 & GARAGE SQ FT = 430 TOTAL SO FT - 2188 X 9 UNITS - 19692 SQ FT UNIT 530 HEATED SQ FT = 1913 & GARAGE SO FT - 430 TOTAL SO FT = 2343 X 11 UNITS = 25773 SO FT TOTAL GROSS SO FT = 63645 SO FT HEIGHTS (BUILDING IS FULL 3 STORIES ON ALL SIDES) MEAN (FROM GRADE TO HALF WAY BETWEEN RIDGE AND UPPER PLATE UNE) = 33'-3" HIGHEST (FROM GRADE TO RIDGE) = 37'-9 1/8" AREAS AND HEIGHT PROVIDED BY SITE BSB DESIGN. INC. NO OPEN SPACE GRANTED ON THIS PLAT. NOTE: ALL INTERNAL USE IS TO BE TOWNHOUSE RESIDENTIAL. NOTE: PROPOSED IMPROVEMENTS PROVIDED BY PEARSON. BROWN & ASSOCIATES. INC. NO ARCHITECTURAL PLANS PROVIDED. PROPOSED BUILDINGS ARE PER SITE PLAN PREPARED BY OTHERS. REVISED: MAY 31, 2013 (CITY COMMENTS 5.31.2013) REVISED: MAY 23, 2013 (CITY COMMENTS 5.13-20131(130433.1) REVISED: APRIL 17, 2013 (REVISED LOT ALIGNMENTNI 30315-1) REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121 118.9901) REVISED: JULY 2, 2012 (REVISED SITE DATA CHART M VARIANCE NOTE) (120642-2) REVISED: JUNE 21, 2012 (REMOVE INDIVIDUAL LOTS) REVISED: JUNE I5, 2012 (VILLAGE COMMENTS 2.2-111 REVISED: NOVEMBER 4, 2010 (REVISED 8LDGS1(101190.1) DATE: OCTOBER 29, 2010 ORDER NO: 130528.1 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME LEXINGTON PARK Copy1gnt C DV Surveying at Moppo9. leo. 2013. Ni ,igM. reoervod 7,01,00060 Deoign P. m Repstrot. 1184-002793. EREBY DEDICATED FOR PUBLIC ROAD PURPOSE WESTERN AVENUE CONCRETE WALK CONCRETE L2 SHEET 1 OF 2 HARDING AVENUE (TWO WAY STREET) NUMBER ARC LENGTH RADIUS CH CH BR C1 114.53 442.97 114.21 N 13'29'21" E NUMBER BEARING DISTANCE L1 S 00'01'09" W 77.08 L2 S 87'23'26" w 7.97 L3 N 00'01'09" E 77.08 L4 N 00'01'09" E 213.45 PREPARED BY: TFez SURVEYING j MAPPING — LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT BBB EAST BELVIDERE 120A0 • SUITE 41 3 • GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfwsurvey.com www.tfwsurvey.com OWNER'S ASSOCIATION NOTES: 1. THE OWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR ALL LANDSCAPE MAINTENANCE INCLUDING MOWING THE GRASS ALONG ALL THE RIGHTS OF WAY INCLUDING BUT NOT LIMITED TO LAUREL. EVERGREEN. HARDING. WILLOW AND WESTERN AVENUES. 2. THE OWNER'S ASSOCIATION SHALL PAY FOR ALL ON SITE PARKING ENFORCEMENT COSTS. 7 SURVEYOR NOTES: A. INTENTIONALLY OMITTED. B. INTENTIONALLY OMITTED. C. INTENTIONALLY OMITTED. 0. ALL UNDERGROUND STORMWATER UTILITY LINES SHALL BE PERPETUALLY MAINTAINED BY THE PROPERTY OWNER. E. THE CITY OF DES PLAINES WILL MAINTAIN ONLY PUBUC UTILITIES (WATER, SANITARY, STORM) THAT ARE IN THE PUBLIC RIGHT OF WAY. F: HERETOFORE DEDICATED MARCH 31. 2008 PER DOCUMENT 0809116062 (LEXINGTON PARK PLAT OF SUBDIVISION). Exhibit A Page 143 of 155 OWNER'S CERTIFICATE STATE OF ILUNOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT RIS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. I FURTHER CERTIFY THAT I WILL REOUEST THE PLACEMENT OF SUBDMSION MONUMENTS WITHIN 11 MONTHS OF SUBDIVISION RECORDING. ADDITIONALLY I WILL AUTHORIZE AND FORWARD PAYMENT TO TFW SURVEYING & MAPPING. INC. FOR PLACEMENT OF MONUMENTS. ALL STREETS SHOWN HEREON AND NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC. FURTHERMORE. TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, THE PROPERTY LEGALLY DESCRIBED HEREON LIES WITHIN GRADE SCHOOL DISTRICT _, HIGH SCHOOL DISTRICT —, ANO JUNIOR COLLEGE DISTRICT _. DATED AT ILLINOIS. THIS _ DAY OF A.D. 20 . BY: TITLE. ATTEST: TITLE: NAME: LEXINGTON DES PLAINES 1, LLC ADDRESS: 1731 NORTH MARCEY ST., SUITE 200 ADDRESS: CHICAGO. IL 60614 NOTARY CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. IWNOIS ON AS DOCUMENT NO IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT IWNOIS, THIS DAY OF A.D 201 BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBUC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS _ AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DEUVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.O. 20 . MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF IWNOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF AS DOCUMENT NO SUBDMSION AS HEREON DRAWN. DATED AT OF A.D. 201_. COUNTY. IWNOIS ON IT CONSENTS TO THE DEDICATION AND ILLINOIS, THIS _ DAY BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID. DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES ANO PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC TITLE REPORT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25. 2010 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 TITLE COMMITMENT INCLUDES ADDITIONAL PROPERTY WHICH IS NOT SURVEYED HEREON. SEND TAX BILL T0: RETURN THE PLAT TO: NAME: THE LEXINGTON GROUP NAME: CITY OF DES PLAINES DEPARTMENT OF COMMUNITY AND ADDRESS: 1731 NORTH MARCEY ST. ECONOMIC DEVELOPMENT SUITE 200 ADDRESS: 1420 MINER STREET ADDRESS: CHICAGO. IL 60614 ROOM 301 ADDRESS: DES PLAINES. IL 60016 REVISED: MAY 23, 2013 (CITY COMMENTS 5132013) REVISED: APRIL 17, 2013 (REVISED LOT ALIGNMENT)(13031 S'2) REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121118.PUD2) REVISED: JULY 2, 2012 (REVISED SITE DATA CHART 62 VARIANCE NOTE) (120642.2) REVISED: JUNE 21, 2012 (REMOVE INDIVIDUAL LOTS) REVISED: JUNE 14, 2012 (VILLAGE COMMENTS 2.2.11) REVISED: NOVEMBER 4, 2010 (REVISED BLDGSI(1011902) DATE: OCTOBER 29, 2010 ORDER NO: 130433.2 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PROD. NAME: LEXINGTON PARK Ccpr.:,h,CT{W SwwTrv, & 414pp . IM.. 2O, J. 41 ,Ma SHEET 2 OF 2 Protee4Md Oss4n rem Regievalion F1NH-002)9). OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF )55 DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. DATED AT ILUNOIS, THIS _ DAY OF A.D. 20_. BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON PARK TOWNHOME OWNERS ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION ADDRESS: ADDRESS: ADDRESS: ADDRESS: NOTARY CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF _) A NOTARY PUBLIC IN ANO FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON ANO ACKNOWLEDGED THAT THEY SIGNED ANO DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE ANO VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC FINANCE DIRECTOR CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) I FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED IN THE PLAT SHOWN HEREON. FINANCE DIRECTOR OF THE CITY OF DES PLAINES. COOK COUNTY, ILLINOIS. THIS _ DAY OF — 201_. SIGNED: FINANCE DIRECTOR. DES PLAINES. ILLINOIS DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 55 APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMC DEVELOPMENT OF THE CRY OF DES PLAINES, COOK COUNTY, ILLINOIS. THIS _ DAY OF 201_. SIGNED: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT BLANKET EASEMENT PROVISIONS A NON-EXCLUSME BLANKET EASEMENT FOR SEINING LOTS 1 THROUGH 23 WITHIN 7N15 PLANNED UNIT DEVELOPMENT AND OTHER PROPERTY WITH ELECTRIC. COMMUNICATIONS. SEWER. WATER. cos ANO DRAINAGE SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COOK COUNTY. IWN015. NORTHERN IWNOIS GAS COWAN, COMER. MERITECH. AND GABLE TELEVISION FRANCHISES OF 0)0K COUNTY, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY, TO INSTALL, OPERAE, M4NTNN AND REMOVE, FROM DME TO DME, FACILITIES USED IN CONNECTION WITH UNDERGROUND TRARSMI5SION AND DISTRIBUTION OF ELECTRICITY. SOUNDS AND SIGNALS CAS MAINS. SEWER AND WATER MAINS ANO DRAINAGE IN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT, TOGETHER WITH TIE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BLOCK M TO SERVE IMPROvEMENTS THEREON. THE RIGHT TO CUT, TRIM oR REMOVE TREES. BUSHES AN0 R0015 A5 MAY BE REASONABLY REOUIRED INCIDENTAL TO THE RIGHTS HEREIN OMEN, A1.45 THE RIGH TO ENTER UPON BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES* FACILITIES WITHOUT THE PRIOR WRITTEN CONSENT OF GW4TEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE LAND SHAD. NOT 8E ALTERED N A MANNER SO AS TO INTERFERE WITH ME PROPER OPERATION AND MMNTENAICE THEREOF. THE TERM 'COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM W SECTION 2(E) OF 'AN ACT IN RELATION TO CON00MINIUMS" (ILLINOIS REVISED STATUTES. 04. 30. PAR. 302 (E). AS AMENDED FROM TIME TO TIME. THE TERM -COMMON AREA OR AREAS" 15 DEFINED AS A LOT PARCEL OR AREA OF REN. PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH I5 RESERVED IN WHOLE A5 AN APPURTENANCE TO THE SEPARATELY OWNED. PARCELS OR MEAS TTITHN THE PUNNED DEVELOPMENT. EVEN THOUGH SUCH BE OWNERS OTHERWISE °MIGRATED ON THE PUT 8Y TERMS SIKH A5, 'QUTLOTS', "CONMON ELEMENTS'. 'OPEN SPACE'. 'OPEN AREA'. 'COMMON GROUND", PARKING. LOT A' & 'COMMON AREA'. THE TERMS 'COMMON AREA OR AREAS" AND 'COMMON ELEMENTS' INCLUDING REAL PROPERTY SURFACED WNH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES AS A POOL OR RETENTLON POND, OR MECHANCAL EOUIPMENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRNTOR/LOT OWNER, UPON WRITTEN REQUEST. PUBUC UTILITY EASEMENTS PROVIDED, SHALL BE FOR THE USE OF MUNI(PAL SEWER AND WATER LINES. STORM DRAINAGE AND PUBUC UTILITY ONES. ONES FOR ANY CABLE TELEVISION FRANCHISE GRANTED BY THE CRY. AND OTHER MUNICIPAL USES. PUBLIC UTILITY EASEMENT PROVISIONS EASEMENT PROVI510445 M EASEMENT FOR SEWING THE PROPERTY WITH ELECTRIC. NATURAL GAS AND COMMUNICATION SERVICE 5 HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY AT&T, GRANTEES. NORTHERN IWNOIS GAS COMPANY. WIDE OPEN WEST AND CO0CAST. GRANTEES 114EIR RESPECTNE LICENSEES. SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY, TO CONSTRUCT. OPERATE. REPAIR. MMNTAN, MODIFY. RECONSTRUCT. REPLACE, SUPPLEMENT. RELOCATE AND REMOVE. FROM DME TO TIME, POLES GUYS. ANCHORS, TARES, CABLES. CONDUITS. ARMHOLES. TRANSFORMERS. PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION Y/IT14 OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS. 50UNDS AND SIGNALS 1K. OVER. UNDER. ACROSS. ALONG AND UPON THE SURFACE OF THE PROPERTY DENOTED AS BLOCK M ON THE PLAT. THE PROPERTY DESIGNATED IN THE DECLARATION OF CON00MNIVM AND/0R ON THIS PLAT A5 'COMMON ELEMENTS'. AND THE PROPERTY DESIGNATED ON THE PUT A5 'COMMON AREA OR AREAS'. AND THE PRO4ERTY DESIGNATED ON THE PUT FOR STREETS AND ALLEYS. WHETHER PUBUC OR PR4ATE. TOGETHER WITH THE RIGHTS TO INSTALL REQUIRED SERVICE CONNECTIONS OYER OR UNDER THE SURFACE OF BLOCK M AND COMMON AREA OR AREAS TO SERVE IMPROVEMENTS THEREON. OR ON ADJACENT BLOCKS. AND OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY 8E REASONABLY REWIRED 144010 NT TO THE RIGHTS HEREIN OMEN, AND THE RIGHT TO ENTER UPON THE SUBOMOED PROPERTY FOR ALL SUCH PURPOSES. OES1RUCODNS SHALL NOT 8E PLACES OVER 'GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERTY. WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRAD: OF THE 04.180MDE0 PROPERTY SHALL NOT 8E ALTERED 18 A MANNER 50 AS TO INTERFERE TAM 7140 PROPER OPERATION AND MMNIENANCE 1HEREOF. THE 1ERM 'COMMON ELEMENTS' SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM W THE 'CONDOMINIUM PROPERTY ACS, CHAPTER 765 IECS 605/2, AS MENDED FROM 111,10 TO TIME. 114E TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT. PARCEL OR AREA OF REAL PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH 15 RESEFNEO TN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OwNEO LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHERW1SE DESIGNATED ON THE PUT BY TERMS SUCH A5 'OUILOTS'. "COMMON ELEMENTS". 'OPEN SPACE". 'OPEN AREA'. "COMMON GROUND'. 'PARKING' ANO 'COMMON AREA'. TFC TERM "COMMON AREA OR AREAS, AND 'COMMON ELEMENTS' INCLUDE REAL PROPERTY SURFACED WITH INTERIOR ORMEwAYS AN0 WAU(WAYS, 8U1 EXCLUDES REAL PROPERTY PHYSH:ALLY OCCUPIED BY A BUILDING. SERMCE BUSINESS DISTRICT OR STRUCTURES SUCH A5 A DECK, PATIO. POOL RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACTURES WILL BE DONE 8Y GRANTEES AT COST OF 114E GRANTOR/LOT OWNER. UPON WRITTEN REQUEST. OWNER: NAME: THE LEXINGTON GROUP ADDRESS: 1731 NORTH MARCEY ST. ADDRESS: CHICAGO. IL 60614 PREPARED BY: TFez SURVEYING j MAPPING — LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT 888 EAST BELVIDERE 120A0 • SUITE 41 3 • GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfvvsurvey.com www.tfwsurvey.com FINAL PLANNED UNIT DEVELOPMENT LEXINGTON PARK - PHASE TWO PUD LEXINGTON PARK • PHASE TWO, BEING A FINAL PLANNED UNIT DEVELOPMENT OF BLOCK "A" AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF 81000 '8', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. DIRECTOR OF PUBLIC WORKS AND ENGINEERING CERTIFICATE STATE OF ILUNOIS) SS COUNTY OF COOK) APPROVED BY THE DIRECTOR OF PUBUC WORKS AND ENGINEERING OF THE CITY OF DES PLAINES. COOK COUNTY. ILLINOIS, ON THIS DAY OF 201 . SIGNED: DIRECTOR OF PUBLIC WORKS AND ENGINEERING COMMISSIONERS CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS APPROVED BY THE CITY PLAN COMMISSION OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. ON THIS DAY OF A.D. 201_ A.O. PRESIDENT. PIAN COMMISSION. SIGNED: PRESIDENT SIGNED: ATTEST MAYOR AND CITY CLERK CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DES PLAINES, COOK COUNTY. ILLINOIS, AT A MEETING HELD THIS DAY OF 201 . SIGNED: MAYOR SIGNED: CITY CLERK UTILITY CERTIFICATES APPROVED AND ACCEPTED BY: COMPANY: COMMONWEALTH EDISON COMPANY NAME. TITLE' DATED THIS _ DAY OF COMPANY: AT&T, GRANTEES A.D. 201_. NAME: TITLE: DATED THIS _ DAY OF A.D 201_ COMPANY: NORTHERN ILLINOIS GAS COMPANY NAME: TITLE: DATED THIS _ DAY OF A.D. 201_. COMPANY: WIDE OPEN WEST NAME: TITLE: DATED THIS _ DAY OF AD. 201_. SURVEYOR'S DESIGNATION OF RECORDING STATE OF ILUNOIS) COUNTY OF LAKE) SS I, THOMAS F. WASILEWSKI. A PROFESSIONAL LAND SURVEYOR IN THE STATE OF ILLINOIS, HEREBY DESIGNATE OFIN TO RECORD THIS (street name) (city, stole) PLAT WITH THE COOK COUNTY RECORDER OF DEEDS. THIS DESIGNATION IS GRANTED UNDER THE RIGHT TO DESIGNATE SUCH RECORDING UNDER CHAPTER 109. SECTION 2 OF THE ILLINOIS REVISED STATUTES. AS A CONDITION OF THIS GRANT, SAID DESIGNEE IS HEREBY REQUIRED TO PROVIDE TO THIS SURVEYOR. A CERTIFIED COPY OF SAID PLAT. IMMEDIATELY UPON RECORDING OF SAME. RECEIPT OF SAID CERTIFIED COPY WILL SERVE AS NOTICE TO THE SURVEYOR THAT THE PLAT HEREON DRAWN HAS BEEN RECORDED. DATED THIS 29th DAY OF O0.TOBER, A.D. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR N0. 35-2515 LICENSE EXPIRES NOVEMBER 30. 2014 LEGAL DESCRIPTION BLOCK "A' IN LEXINGTON PARK. BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PUT THEREOF RECORDED MARCH 31. 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. IWNOIS. - TOGETHER WITH - THE WEST 7.96 FEET. AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF. OF BLOCK '8", IN LEXINGTON PARK. BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. IWNOIS. STATE OF IWN001 (55 COUNTY OF LACE 4, THOMAS F. WASILEWSKI, ILUN05 PROFESSIONAL LAND SURVEYOR, HEREIN DERTBY THAT I HAVE SURVEYED THE PROPERTY AS DESCRIBED ABOVE AND THAT THE PUT HEREON DRAWN 15 A REPRESENTATION OF SAID SURVEY. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARIS THEREOF. THS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS 14144180* STANDARDS FOR A UNDARY SURVEY. CERTIFIED AT YSLAKE. 1WN016 THIS 2910 DAY OF /TOBER, . 10. 111111016 PROFE551ONAL 1AN0 SURVEYOR N0. 35-2545 UCENSE EXPIRES NOVEMBER 30. 2014 Exhibit A Page 144 of 155 LOT 5 LOT 12 LOT 6 LOT 24 LOT 8 TITLE COMMITMENT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25, 2010 THIS PROPERTY MAY BE SUBJECT TO COVENANTS. CONDITIONS AND RESTRICTIONS CONTAINED WITHIN: DOCUMENT #20598541. RECORDED AUGUST 28, 1968 (COVENANTS - NOT PLOTTABLE) DOCUMENT 119217454. RECORDED AUGUST 28, 1968 (EASEMENT - SEE NOTE 1) DOCUMENT #20124360, RECORDED MAY 1. 1967 (ALLEY VACATION - SEE NOTE 2) DOCUMENT #0625734028, RECORDED SEPTEMBER 14. 2006 (NO FURTHER REMEDIATION LETTER) DOCUMENT #0618632063, RECORDED JULY 9. 2010 (NO FURTHER REMEDIATION LETTER) DOCUMENT #1016018023, RECORDED JUNE 9, 2010 (REMEDIATION LETTER) DOCUMENT #21291532, RECORDED MAY 24. 2007 (EASEMENT - SEE NOTE 3) DOCUMENT #0827601022, RECORDED OCTOBER 2. 2008 (EASEMENT) DOCUMENT #0827733128, (HOMEOWNER'S ASSOCIATION) DOCUMENT #0809116062, RECORDED MARCH 31. 2008 (SUBDMSION) NOTE 1: GRANT OF EASEMENT MADE BY ROMEO 0. SIGWALT AND OLGA E. SIGWALT, HIS WIFE TO NORTHERN ILLINOIS GAS COMPANY DATED JULY 22, 1964 AND RECORDED AUGUST 18, 1964 AS DOCUMENT 19217454 OF THE RIGHT AND EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF LAYING. MAINTAINING. OPERATING, RENEWING, REPLACING AND REMOVING GAS MAINS AND ANY NECESSARY GAS FACILITIES APPURTENANT THERETO. TOGETHER WITH RIGHT OF ACCESS THERETO FOR SAID PURPOSES IN, UPON. UNDER, ALONG AND ACROSS THE EASTERLY SIDE OF LOT 16 IN BLOCK 2 SAID EASEMENT TO BE A STRIP OF LAND 5 FEET IN WIDTH LYING 2 1/2 FEET ON EITHER SIDE OF FACILITIES INSTALLED AS INDICATED ON PLAT ATTACHED AND MARKED "EXHIBIT A. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT. SEE EXHIBIT A" IN SAID DOCUMENT. EASEMENT IS DESCRIBED AS "A STRIP OF LAND 5 FEET IN WIDTH LYING 2.5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTILITIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTILITIES. IF ANY. WILL NEED TO BE MARKED OR E%POSED BY OTHERS SPECIALIZING IN THIS FIELD: AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) NOTE 2: RESERVATION IN THE VACATION ORDINANCE RECORDED MAY 1, 1967 AS DOCUMENT 20124360 RESERVING THE RIGHT TO MAINTAIN, OPERATE. REPAIR AND REPLACE, BY ITSELF OR BY ANY LICENSEE OR HOLDER OF A FRANCHISE FROM THE CITY OR BY ANY PUBLIC UTILITIES COMPANY AS THE CASE MAY BE ANY POLES. WIRES, PIPES. CONDUITS. SEWER MAINS. WATER MAINS OR ANY OTHER FACILITY OR EOUIPMENT FOR THE MAINTENANCE OR OPERATION OF ANY UTILITY NOW LOCATED IN SAID ALLEY OR PORTION THEREOF VACATED BY THIS ORDINANCE. THE ALLEY HAS BE RESUBDIVIDED. ALL UTILITIES SIGNED THE PLAT OF SUBDIVISION WITH NEW PROPERTY ALIGNMENT. NOTE 3 EASEMENT IN FAVOR OF NORTHERN ILLINOIS GAS COMPANY. AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. TO INSTALL, OPERATE AND MAINTAIN ALL EOUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT. AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 21291532. AFFECTING THE SHOWN IN EXHIBIT A OF THE LAND. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT, SEE "EXHIBIT A" IN SAID DOCUMENT. EASEMENT IS DESCRIBED AS "A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTIUTIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTIUTIES, IF ANY. WILL NEED TO BE MARKED OR EXPOSED BY OTHERS SPECIALIZING IN THIS FIELD; AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) SURVEYOR NOTES: A. INTENTIONALLY OMITTED. B. INTENTIONALLY OMITTED. C. INTENTIONALLY OMITTED. D. ALL UNDERGROUND STORMWATER UTILITY THE PROPERTY OWNER. E. THE CIN OF DES PLAINES WILL MAINTAIN STORM) THAT ARE IN THE PUBLIC RIGHT OF F: HERETOFORE DEDICATED MARCH 31. 2008 PARK PLAT OF SUBDIVISION). LINES SHALL BE PERPETUALLY MAINTAINED BY ONLY PUBLIC UTILITIES (WATER. SANITARY, WAY. PER DOCUMENT 0809116062 (LEXINGTON NUMBER ARC LENGTH RADIUS CH CH BR C1 114.53 442.97 114.21 N 13'29'21" E NUMBER BEARING DISTANCE L1 S 00'01'09" W 77.08 L2 S 87'23'26" W 7.97 L3 N 00'01'09" E 77.08 L4 N 00'01'09" E 213.45 a o GRAPHIC SCALE 40 eo 560 ( IN FEET ) I Inch . 40 0. PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 PLANNED UNIT DEVELOPMENT EXCEPTIONS GRANTED FOR ZONING CASE NUMBER 05 -031 -PUD TO ALLOW THE CONSTRUCTION OF LEXINGTON PARK PHASE II ON LOTS 18, 19, 20. 25, 26, AND 27 EXPIRES APRIL 1, 2014: 1. A FRONT YARD SETBACK OF 3 FEET, INSTEAD OF NOT LESS THAN 12 FEET; 2. A SIDE YARD SETBACK OF 3 FEET. INSTEAD OF NOT LESS THAN 5 FEET; 3. A REAR YARD SETBACK OF 9 FEET. INSTEAD OF NOT LESS THAN 12.6 FEET (207. OF LOT DEPTH); 4. LOT SIZES or 6,732 SQUARE FEET, INSTEAD OF NOT LESS THAN 10,000 SQUARE FEET: AND 5. A MINIMUM HORIZONTAL DISTANCE OF 8 FEET. INSTEAD OF THE REQUIRED 15 FEET, BETWEEN BUILDINGS; SUBDMSION REGULATION VARIANCES: 1. A RIGHT-OF-WAY WIDTH AS NARROW AS APPROXIMATELY 33 FEET. INSTEAD OF NOT LESS THAN 66 FEET PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LEXINGTON PARK - PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST I/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 A5 DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. BSL BUILDING SETBACK LINE NOTE: BLANKET EASEMENT AND EXCEPTION _ TO BLANKET EASEMENT CREATED PER LEXINGTON PARK RECORDED MARCH 31, 2008 AS DOCUMENT 0809116062 IS HEREBY VACATED, ABROGATED AND ABOLISHED. --252.72'-- S89'58'50"E N89'58'50'0 224 88 BLANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT HEREBY VACATED, ABROGATED AND ABOLISHED -BLOCK A (PER DOC 0809116062) EXCEPTION TO BLANKET EASEMENT _ 83.70 _ S89'58 50•E z M L 73.00 J L S89'58'50-1 73.00 589'58'50 Er 245.02' BLOCK 1723'2 (PER 000 0809116062) -. ue OD o O b N O EXISTING UNDERLYING PROPERTY INFORMATION & VACATION OF EXISTING EASEMENT AREA SUMMARY (EXISTING PROPERTY) PART OF BLOCK B 614 SQ. FT BLOCK A 52.477 SQ. FT TOTAL AREA SUBDIVIDED 53,091 SQ. FT AREA SUMMARY (NEW SUBDIVISION) LOTS 18, 19, 20, 25, 26 & 27 49,584 SQ. DEDICATION 3,507 SQ. (WESTERN AVENUE) TOTAL AREA SUBDIVIDED 53,091 SQ. SEE PLAT OF INDIVIDUAL LOT AREAS. NOTE: THIS SUBDIVISION IS A PART OF A LARGER DEVELOPMENT AND CONSISTS OF LOTS 18, 19, 20, 25, 26 AND 27 ONLY. / LINE 175.0' NORM. MEASURED AT WHO ANGLES, AN0 PARALLEL WITH THE SOUTH LOT UNE OF LOT 3 HEREBY DEDICATED FOR PUBUC ROAD PURPOSE WESTERN AVENUE CENTER LINE OF FORMER CHICAGO & NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.0 .0 /198 8.5' II/ BLOCK K STORMWATER DETENTKRI EASEMENT PER DOCUMENT 0809116062 32.96' 25' LOT 23 0.0141 ACRES . 1.2047 ACRES . 1.2188 ACRES FT. 1.1383 ACRES FT. 0.0805 ACRES FT. 1.2188 ACRES ON QOGNEG�R� Rp�� \po, lEORM°' ,,------- ED 1 000°' 0 40� BLOCK H EVERGREEN AVENUE HE�'it Cl: i. 'LL ...a.,.7.198' DEDICATION - - • LOT 27 N 'O 6308 SF W ,6N co o Z SF 23' 26'W x'7.97BLOCK B ?^ > 245.0_21_ ----,ER DOC 0809116062) cc 5 W BP W L2 PEA 10 V.LNt 7809116062 - -21$.16= LOT 22 BLOCK E S89'58'50"E --117.50 3 131111,17 L.aE. LOT 25 8578 SF 137.14' 138.39' 519'58'50'E - BLOCK A - (PER DOC 0809116062) LOT 26 11442 5F 0 orn H W 145.50' LOT 21 100.66 LOT 20 6732 SF 100.66' N89.58'50'W 99.41' N8T23'26T 99.52 146.56' 3' BUILDING UNE LOT 18 9163 5F HEREBY DEDICATED FOR PUBUC ROAD PURPOSE 1 I WESTERN AVENUE 1 1 LOT 1 CONCRETE MONUMENT REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)(121118-SUBI) REVISED: JULY 2, 2012 (VARIANCE NOTE) (120641.1) REVISED: JUNE 15, 2012 (VILLAGE COMMENTS 2.2-11) REVISED: NOVEMBER 4, 2010 (REVISED 81006)(101192-2) DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME LEXINGTON PARK Cop: fight * TIW Surveying & Moppe g. Inc. 2013. All rights reeerve4 Profs..,. Design nrm Repstro3pn 4184-002793. REVISED: MAY 23, 2013 (CITY COMMENTS 5.13.2013) PREPARED BY: BLOCK L 5 06888IER DETENTION EASEMENT PER DOCUMENT 0809116062 BLOCK 1 LOT 9 BLOCK J WILLOW AVENUE I.IREOCFORE DEDICATED PER DOCUMENT 0809116062 CONCRETE MONUMENT LOT 15 LOT 16 BLOCK F LOT 14 LOT 10 BLOCK G LOT 11 LOT 7 /'CONCRETE �/ MONUMENT N 92 N 50.00' LOT 17 LOT 13 BLOCK C BLOCK D HARDING AVENUE TF SURVEYING LI MAPPING - REVISED: APRIL 17, 20)3 (CITY COMMENTS 4-8.2013)(1303141) LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT DELVIOERE ROAD <13•GRAYSLAKE, ILLINOIS 60030 REVISED: MARCH 28, 2013 (REMOVE ZONING) (121118-SUB2) BBB EAST 847-548-6600 FAX 548-6699 SHEET 1 OF 2 tfw©tfwsurvey-coni www.tfwsurvey.corn 25.0 25.0' O 7. WILLOW AVE DATE 10/29/10 11/4/10 3/22/13 CHECKED BY REVISION TFW ORIGINAL PUBLICATION TFW REVISED BUILDINGS 708 REVISED BUILDINGS Exhibit 13 Page 145 of 155 OWNER'S CERTIFICATE STATE OF ILUNOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND RE-SUBDMDED AS SHOWN HEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. I FURTHER CERTIFY THAT I WILL REOUEST THE PLACEMENT OF SUBDMSION MONUMENTS WITHIN 11 MONTHS OF SUBDIVISION RECORDING. ADDITIONALLY I WILL AUTHORIZE AND FORWARD PAYMENT TO VW SURVEYING & MAPPING. INC. FOR PLACEMENT OF MONUMENTS. ALL STREETS SHOWN HEREON AND NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC. FURTHERMORE. TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, THE PROPERTY LEGALLY DESCRIBED HEREON LIES WITHIN GRADE SCHOOL DISTRICT _, HIGH SCHOOL DISTRICT -, ANO JUNIOR COLLEGE DISTRICT _. DATED AT ILLINOIS. THIS _ DAY OF A.D. 20 . BY: TITLE. ATTEST: TITLE: NAME: LEXINGTON DES PLAINES 1, LLC ADDRESS: 1731 NORTH MARCEY ST., SUITE 200 ADDRESS: CHICAGO. IL 60614 NOTARY CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. IWNOIS ON AS DOCUMENT NO IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT IWNOIS, THIS DAY OF A.D 201 BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID. DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS _ AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DEUVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH, GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. ILLINOIS 014 AS DOCUMENT N0. IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT ILLINOIS, THIS _ DAY OF A.D. 201_ BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) 1• A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: TITLE REPORT NOTES: NOTARY PUBLIC THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25, 2010 PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 TITLE COMMITMENT INCLUDES ADDITIONAL PROPERTY WHICH IS NOT SURVEYED HEREON. OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDIVIDED AS SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. DATED AT ILUNOIS, THIS _ DAY OF A.D. 20 . BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON PARK TOWNHOME OWNERS ASSOCIATION, AN ILLINOIS NOT FOR PROFIT CORPORATION ADDRESS: ADDRESS: ADDRESS: ADDRESS: NOTARY CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF _) I, A NOTARY PUBLIC IN ANO FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UDDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBUC FINANCE DIRECTOR CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) I FIND 140 DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED IN THE PLAT SHOWN HEREON. FINANCE DIRECTOR OF THE CITY OF DES PLAINES. COOK COUNTY, ILLINOIS. THIS _ DAY OF - 201_. SIGNED: FINANCE DIRECTOR. DES PLAINES. ILLINOIS DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) 55 APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMC DEVELOPMENT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. THIS _ DAY OF 201_. SIGNED: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT BLANKET EASEMENT PROVISIONS A NON-EXCLUSIVE BLANKET EASEMENT FOR SEIMNG LOTS 1 THROUGH 23 WITHIN THIS PLANNED UNIT DEVELOPMENT AND OTHER PROPERTY wing EIECIR10. COMMUN4ATIONS, SEWER. WATER. cos AND DRAINAGE SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COOK COUNTY. IWN015. NORTHERN IWNOIS GAS COWAN, CONED. AMERITECH. AND GABLE TELEVISION FRANCHISES OF 0)0K COUNTY. THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, 30HNTLY AND SEVERALLY, TO INSTALL, OPERATE, M4NTNN AND REMOVE, FROM TIME TO DME. FACILITIES USED IN CONNECTION WITH UNDERGROUND TRARSMISSION AND DISTRIBUTION OF ELECTRICITY. SOUNDS AND SIGNALS, CAS MAINS. SEWER AND WATER MARS AND DRAINAGE IN, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BLOCK M TO SERVO IMPROvEMENTS THEREON. 7140 R10141 To CUT. TRIM OR REMOVE TREES. BUSHES AND R00T5 A5 NAY BE REASONABLY REOUIRED INCIDENTAL TO THE RIGHTS HEREIN OMEN. AND THE RIG. TO ENTER UPON BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED DYER GRANTEES' FACILITIES WITHOUT THE PR10R WRITTEN CONSENT OF GIV1TEE5. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE LAND SHAD. NOT 8E ALTERED TN A MANNER SO A5 TO 114TERFERE WITH ME PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM 'CONLON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERN W SECTION 2(0) OF 'AN ACT IN RELATION TO CON00NANIUMS' (ILuNOIS REVISED STATUTES. CH. 30. PAR. 302 (E). A5 AMENDED FROM DME TO TIME. THE TERN 'COMMON AREA OR AREAS' IS DEFINED AS A LOT PARCEL OR AREA OF REN. PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH I5 RESERVED IN WHOLE AS AN APPURTENANCE TO INE SEPARATELY OWNED. PARCELS OR MEAS WITHIN TIE PLANNED DEVELOPMENT, EVEN THOUGH SUCH BE OWNERS O111ER4,15E DESIGNATED ON THE PUT 8Y TERNS SUCH A5, 'OUSLOTS-,-CONNON ELEMENTS., 'OPEN SPACE', 'OPEN MEA'. '001.11.10N GROUND". PARKING. LOT A' & 'COMMON MEA'. ME TERMS 'COMMON AREA OR AREAS- AND '0048MON ELEMENTS' INCLUDING REAL PROPERTY SURFACED WITH INTERIOR ORIVEwA15 AND WAU(WAYS, BUT OCCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SETMCE BUSINESS DISTRICT OR STRUCTURES AS A POOL OR RETENTION POND, OR MECHNNCAL EOUIPNENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF GRANTOR/LOT OWNER, UPON WRITTEN REQUEST. PUBLIC UTILITY EASEMENTS PROVIDED, SHALL BE FOR THE USE OF MUNICIPAL SEWER AND WATER LINES. STORM DRAINAGE AND PUBUC UTILITY ONES. ONES FOR ANY CABLE TELEVISION FRANCHISE GRANTED BY TIE cf1Y. AND OTHER MUNICIPAL USES. PUBLIC UTILITY EASEMENT PROVISIONS FASENENT PROV154005 AN EASENENI FOR SEWING THE PROPERTY WHIN ELECTRIC. NATURAL GAS AND COMMUNICATION SERVICE 5 HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY AT&T, GRANTEES. NORTHERN IWNOIS GAS COMPANY, WIDE OPEN WEST AND CONCAST, GRANTEES THEIR RESPECTIVE LICENSEES. SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY, TO CONSTRUCT. OPERATE, REPAIR. M9.ARN. 1A001FY. RECONSTRUCT. REPUCE, SUPPLEMENT, RELOCATE AND REN NE. FROM DME TO TIME, POLES GUYS. ANCHORS, w1RE5, CABLES, CONDUITS. MANHOLES. TRANSFORMERS, PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION 491TH OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS. 50UNDS AND SIGNALS IK, QUER. UNDER. ACROSS, ALONG AN0 UPON THE SURFACE OF THE PROPERTY DENOTED AS BLOCK M ON THE PUT. THE PROPERTY DESIGNATED IN 114E DECLARATION OF CONDOMINIUM AND/0R ON NIS PUT A5 'COMMON ELEMENTS'. AND THE PROPERTY DESIGNATED ON THE PUT A5 'COMMON AREA OR MEAS'. AND THE PROPERTY DESIGNATED ON THE PUT FOR STREETS AND ALLEYS, WHETHER PUBLIC OR PRATE. TOGETHER WITH THE RIGHTS TO INSTALL REQUIRED SERVICE CONNECTIONS OYER OR UNDER THE SURFACE OF BLOGR M AND COMMON AREA OR AREAS TO SERE IMPROVEMENTS THEREON. OR ON ADJACENT BLOCKS. AND OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REWIRED INCIDENT TO THE RIGHTS HEREIN GNEN, AND THE RIGHT TO ENTER UPON THE SUBOMDED PROPERTY FOR ALL SUCH PURPOSES. OESIRUCTTONS SHALL NOT 8E PLACES OVER 'GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERLY, WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRAD: OF THE SUBONIDE0 PROPERT SHALL NOT 8E ALTERED 414 A MANNER 50 AS TO 1N1(9008E YAll/ TH0 PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM 'CONLON ELEMENTS' SHALL HAVE THE PAEANMG SET FORTH FOR SUCH TERM W THE 'CONOOLIINIUN PROPERTY ACT'. CHAPTER 765 ILLS 605/2, AS AME11000 FROM TIME TO TINE. 114E TERM '00MM044 AREA OR AREAS" IS DEFINED AS A LOT. PARCEL OR AREA OF REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPOR00NMENT TO THE SEPARATELY OwNEO LOTS, PARCELS OR AREAS 1Y11HIN THE PUNNED DEVELOPMENT, EVEN THOUGH SUCH BE OTHERW1SE DESIGNATED ON THE PUT BY TERNS SUCH AS 'OUTLOTS'. 'COMMON ELEMENTS'. 'OPEN SPACE'. 'OPEN AREA'. 'COMMON GROUND'. 'PARKING' ANO 'COMMON AREA'. TFC TERN 'COMMON AREA OR AREAS', AND 'COI NON BENENIS' INCLUDE REAL PROPERTY SURFACED WITH INTERIOR ORNEWAYS AND WAU(WAYS, 8UT EXCLUOES REAL PROPERTY P.SI.ALLY OCWPEO BY A BUILD... SEFNCE BUSINESS DISTINCT OR STRUCTURES SUCH A5 A DECK, PATIO, POOL RETENTION POND OR MECHANICAL EDUIPNENT. RELOCATION OF FACTURES WILL BE DONE 8Y GRANTEES AT COST OF 114E GRANTOR/LOT OWNER. UPON WRITTEN REQUEST. SEND TAX BILL T0: RETURN THE PLAT MYLAR T0: OWNER: NAME: THE LEXINGTON GROUP NAME: CITY OF DES PLANES NAME: THE LEXINGTON GROUP DEPARTMENT OF COMMUNITY AND ADDRESS: 1731 NORTH MARCEY ST. ECONOMIC DEVELOPMENT ADDRESS: 1731 NORTH MARCEY ST. SUITE 200 ADDRESS: 1420 MINER STREET SUITE 200 ADDRESS: CHICAGO, IL 60614 ROOM 301 ADDRESS: CHICAGO, IL 60614 ADDRESS: DES PLAINES. IL 60016 REVISED: MAY 23, 2013 (CITY COMMENTS 513.20131 REVISED: APRIL 17, 2013 (CITY COMMENTS 4820131(1303142) REVISED: MARCH 28, 2013 (REMOVE ZONING) (121118.5U82) REVISED: MARCH 22, 2013 (REVISED LOTS) REVISED: OCTOBER I1, 2012 (REVISED BUILDING AIIGNMENT)(121 118.5082) REVISED: JULY 2, 2012 (VARIANCE NOTE) (1206414) REVISED: JUNE 14, 2012 (VILLAGE COMMENTS 2.2.11) REVISED: NOVEMBER 4, 2010 (REVISED 80066)(101192.2) DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PRO). NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME: LEXINGTON PARK Copy.914414 iFW Sorry, & tapping, In<.. 1043. An ,.4141. reserve, Prolee4Cnd Ossyn rem 944,1.01100 #194-002103. SHEET 2 OF 2 35-2515 4c = PROFESSIONAL SRURVEYOR PREPARED 8Y: T F W STATE ` "°a SURVEYING U IS & °; 9 4.E.`;, MAPPING LAND SURVEYING TOPOGRAPHIC MAPPING "CONSTRUCTION LAYOUT 880 LAST BELVIDLRE ROAD• SUITE 413. ORAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfwsurvey.com www.tfwsurvey.conl PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LEXINGTON PARK • PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK 'B', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINOPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. DIRECTOR OF PUBLIC WORKS AND ENGINEERING CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) APPROVED BY THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING OF THE CITY DES PLAINES. COOK COUNTY. IWNOIS, ON THIS _ DAY OF 201_. SIGNED: DIRECTOR OF PUBLIC WORKS AND ENGINEERING COMMISSIONERS CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS OF APPROVED BY THE CITY PLAN COMMISSION OF THE CfTY OF DES PLAINES. COOK COUNTY, ILLINOIS. ON THIS DAY OF A.D. 201_ A.D. PRESIDENT. PLAN COMMISSION. SIGNED: PRESIDENT SIGNED: ATTEST MAYOR AND CITY CLERK CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF COOK) APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF COOK COUNTY. ILLINOIS. AT A MEETING HELD THIS _ DAY OF _ 201_. DES PLAINES. SIGNED. MAYOR SIGNED: CITY CLERK UTILITY CERTIFICATES APPROVED AND ACCEPTED BY: COMPANY: COMMONWEALTH EDISON COMPANY NAME. TITLE' DATED THIS _ DAY OF A.D. 201_. COMPANY: AT&T, GRANTEES NAME: TITLE: DATED THIS _ DAY OF A.D 201_. COMPANY: NORTHERN ILLINOIS GAS COMPANY NAME: TITLE: DATED THIS DAY OF A.D. 201_. COMPANY: WIDE OPEN WEST NAME: TITLE: DATED THIS _ DAY OF A.D. 201_. SURVEYOR'S DESIGNATION OF RECORDING STATE OF ILLINOIS) COUNTY OF LAKE) SS 1, THOMAS F. WASILEWSKI, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF ILUNOIL. HEREBY DESIGNATE OF IN (street name) (city. stole) PLAT WITH THE COOK COUNTY RECORDER OF DEEDS. THIS DESIGNATION IS GRANTED UNDER THE RIGHT TO DESIGNATE SUCH RECORDING UNDER CHAPTER 109, SECTION 2 OF THE ILLINOIS REVISED STATUTES. AS A CONDITION OF THIS GRANT, SAID DESIGNEE IS HEREBY REOUIRED TO PROVIDE TO THIS SURVEYOR, A CERTIFIED COPY OF SAID PLAT. IMMEDIATELY UPON RECORDING OF SAME. RECEIPT OF SAID CERTIFIED COPY WILL SER.: A5 NOTICE TO THE SURVEYOR T1491 THE PLAT HEREON DRAWN HAS BEEN RECORDED. DATED THIS 29th DAY OF OCTOBER, A.D. 2010. TO RECORD THIS ILLINOIS PROFESSIONAL LAND SURVEYOR 140. 35-2525 LICENSE EXPIRES NOVEMBER 30, 2014 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS) SS) COUNTY OF LAKE) I, THOMAS F. WASILEWSKI, AN ILLINOIS PROFESSIONAL LAND SURVEYOR. HEREBY CERT, THAT I HAVE SURVEYED AND RE-SUBDMDED THE FOLLOWING DESCRIBED PROPERTY TO -5017: BLOCK "A" IN LEXINGTON PARK, BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31. 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. - TOGETHER WITH THE WEST 7.96 FEET. AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WE' LINE THEREOF. OF BLOCK "8-. IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. ILLINOIS. AND THAT THE PLAT HEREON DRAWN IS A REPRESENTATION OF SAID SURVEY AND SUBDIVISION. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. 1 FURTHER CERTIFY THAT THE LAND INCLUDED BY SAID SURVEY IS WITHIN THE OMITS OF THE CITY OF DES PLAINES. I FURTHER CERTIFY THAT THE PROPERTY SHOWN HEREON FALLS PARTIALLY WITHIN FLOOD ZONE "X" - AREAS DETERMINED TO BE OUTSIDE THE 0.221 ANNUAL CHANCE FLOODPLAIN. AS PER MY REVIEW OF THE NATIONAL FLOOD INSURANCE PROGRAM - FLOOD INSURANCE RATE MAP: COMMUNITY PANEL NUMBER 17031002173 EFFECTIVE DATE AUGUST 19. 2008. 1 FURTHER CERTIFY THAT UPON COMPLETION OF CONSTRUCTION. CONCRETE MONUMENTS OR WITHIN 12 MONTHS OF THE DATE OF RECORDING OF THIS PLAT (WHICHEVER COME FIRST), AS SHOWN. AND IRON PIPES WILL BE SET AT ALL LOT CORNERS AFTER AUTHORIZATION AND PREPAYMENT FROM CLIENT. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARFOR FOR A BOUNDARY SURVEY. CERTIFIED Al GRAYSLAKE, ILLINOIS THIS 291 DS OflOCTOBER, A.D. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 35-2515 LICENSE EXPIRES NOVEMBER 30, 2014 Exhibit B Page 146 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COS ITEM JOB #: DATE: PLAN DATED UNIT QUANTITY UNIT PRICE 0852 5/23/13 5/23/13 EXTENSION RECAPITULATION SANITARY SEWER WATER MAIN STORM SEWER PAVING GRADING & EROSION CONTROL STREET LIGHTING & MISCELLANEOUS OPINION OF PROBABLE COST TOTAL OPINION OF PROBABLE COST $ 64,405.00 $ 67,200.00 $ Sad 75 25 $ 65,757.00 $ 20,067.50 $ 14,350.00 SUB -TOTAL $ 4286.2 TOTAL $ 286,904.75 NOTE: THIS ENGINEER'S - SCHEDULE OF QUANTITIES HAS BEEN PREPARED BASED UPON THE ENGINEER'S EXPERIENCE AS : DESIGN PROFESSIONAL AND IS FURNISHED FOR INFORMATION ONLY. IT DOES NOT INCLUDE THE FOLLOWING: DFMOLITION OF ONSITE UTILITIES OTHER THAN SPECIFICALLY LISTED ABOVE, WELL OR SEPTIC ABANDONMENT, OR MISCELLANEOUS ITEMS NOT MENTIONED ABOVE PERMIT OR TAP ON PEES, SODDING OF ANY GRASS AREAS, PRIVATE SERVICE WALKS TO THE PROPOSED BUILDINGS, POSSIBLE STRUCTURE ADJUSTMENTS AS NEEDED OTHER THAN SPECIFICALLY MENTIONED ABOVE, BURL :NG EXISTING UTILITIES UNDER GROUND, ANY GRADING CONTINGENCIES SUCH AS HAUL OFF OR POOR SOIL ALLOWANCE, TIGHT SHEETING, DEWATERING, OR PRIVATE ALLEY IMPROVEMENTS inifl 334,4 3b 33L i Ss CITY OF DES PLAINES P"BLIC WORKS AND ENGINEERING DEPARTMENT TEM. WIDE ❑ Permit Plan ❑ FND. Spot Survey 0 Final PlanlAs.Built i Other dt "4, 0 Property in Flood BY: Date: iitproved Approved -As Noted Not Approved -Resubmit MLA 1....A"yl. Page 4 of 4 Exhibit C Page 147 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COS' ITEM JOB #: 0852 DATE: 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION SANITARY SEWER 8" PVC SDR 26 SANITARY SEWER 225 LF $ 32.50 $ 7,312.50 6" SANITARY SERVICE, COMPLETE w/CLEANOUT & C.TBF 29 EA $ 1,500.00 $ 43,500.00 SANITARY MANHOLE, COMPLETE 1 EA $ 2,000.00 $ 2,000.00 GRANULAR TRENCH BACKFILL 295 LF $ 25.00 $ 7,375.00 TELEVISE SANITARY SEWER 250 LF $ 1.25 $ 312.50 CONNECTION TO EXISTING STUB 1 EA $ 1,500.00 $ 1,500.00 REMOVE EXISTING SANITARY SEWER 215 LF $ 7.00 $ 1,505.00 REMOVE EXISTING SANITARY MANHOLE 3 EA $ 300.00 $ 900.00 TOTAL SANITARY SEWER $ 64,405.00 WATER MAIN 8" DIP CL52 WATERMAIN w/POLYWRAP 310 LF $ 45.00 $ :3,950.00 15" BRASS SETS COMPLETE 29 EA $ 350.00 $ 10,150.00 1.5" TYPE "K" WATER SERVICE, NEAR, COMPLETE 29 EA $ 800.00 $ 23,200.00 RELOCATE EX. FIRE HYDRANT 1 EA $ 3,000.00 $ 3,000.00 PRESSURE CONNECTION (8"x8") COMPLETE 2 EA $ 5,500.00 $ 11,000.00 REMOVE EX. 4" VALVE 2 EA $ 800.00 $ 1,600.00 REMOVE EX. 6" VALVE 2 EA $ 800.00 $ 1,600.00 PAVEMENT RESTORATION (COMPLETE) AT WILD -LOWER STREET 1 LS. $ 2,000.00 $ 2,000.00 GRANULAR TRENCH BACKFILL 35 LF $ 20.00 $ 700.00 TOTAL WATER MAIN $ 67,200.00 Page 1 of 4 Exhibit C RECEIVED JUN 0 3 2013 Des Plaines PW. & End. Dept Page 148 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COS ITEM JOB fl: 0852 DATE 5/23/13 PLAN DATED 5/23/13 UNIT QUANTITY UNIT PRICE EXTENSION STORM SEWER 4 r- 15" RCP STORM SEWER CL IIL w/C-361 JOINTS 168 LF $ /we $ 40 ..uv " / NO 12" RCP STORM SEWER CL IV, w/ C-361 JOINTS 665 LF $ $ 19018Kkt 26(00 TELEVISE STORM SEWER 833 LF $ 1.25 $ 1,041.25 4' CATCH BASIN COMPLETE, w/FILTER BASKET 10 EA $ 4,890000 $ 0 7' , 4' STORM MANHOLE, COMPLETE 5 EA $ 4rati$ 0909040 (pt Do 6 2' TY. C CATCH BASIN, COMPLETE 1 EA $ 1,000.00 $ 1,000.00 GRANULAR TRENCH BACKFILL 375 LF $ 15.00 $ 5,625.00 CONNECTION TO EXISTING 5 EA $ 850.00 $ 4,250.00 ADJUST EX. STRUCTURE 1 EA $ 800.00 $ 800.00 REMOVE EX. STORM SEWER 278 EA $ 9.00 $ 2,502.00 REMOVE EX. STORM STRUCTURE 7 EA $ 225.00 $ 1,575.00 -OTAL STORM SEWER $ Wind& $ 5, 4 " Z 5 - PAVING PUBLIC PAVEMENT 2° HMA SURFACE COURSE ND50 MIX D 1000 SY $ 8.60 $ 8,600.00 2 HMA BINDER COURSE ND50 MIX IL 19 1000 SY $ 8.00 $ 8,000.00 5° HMA BASE COURSE 1000 SY $ 20.00 $ 20,000.00 if TYPE B-6.12 CONCRETE CURB & GUTTER 1400 LF $ 1, ? $ °1'f4~ ZI 00° 5' SIDEWALK 1750 SF $ x.44 $ " 813-0 REMOVE EXISTING PAVEMENT, WESTERN AVEN1T., COMPLETE 335 SY $ 6.00 $ 2,010.00 SAW CUT ALONG EXISTING CURB LINE 480 LF $ 1.15 $ 552.00 REMOVE EX. CURB 480 LF $ 4.00 $ 1,920.00 REMOVE EX. DRIVE APRONS AT UNITS 1,2,27 &' ` 2 EA $ 500.00 $ 1,000.00 REMOVE EX SIDEWALK 325 SF $ 2.00 $ 650.00 REMOVE EX. PAVEMENT, RESTORE WITH TOPS,: r. (4" MIN) 1 LS $ 1,000.00 $ 1,000.00 AND SOD @ HARDING AND WILDFLOWER REMOVE EXISTING MONUMENT SIGN 1 EA $ 500.00 $ 500.00 WESTERN AND HARDING AVENUE TOTAL PAVING Page 2 of 4 Exhibit C $ ‘52-9 X-- Page 149 of 155 PEARSON, BROWN & ASSOCIATES, INC. LEXINGTON PARK, PHASE 2 DES PLAINES, IL OPINION OF PROBABLE COST JOB #: 0852 DATE 5/23/13 PLAN DATED 5/23/13 UNIT ITEM QUANTITY UNIT PRICE EXTENSION GRADING & EROSION CONTROL STRIP SITE AS NEEDED, CUT & FILL R.O.W. & PAV TENT 1 LS $ 15,000.00 $ 15,000.00 AREAS TO SUBGRADE. CUT & FILL BUILDING PADS TO SUBGRADE. FINE GRADE ROADWAY & BACKFILL CURB. SILT FENCE 925 LF $ 2.50 $ 2312.50 STRAW BALE STRUCTURE BARRIERS 3 EA $ 85.00 $ 255.00 STABILIZED CONSTRUCTION ENTRANCE 1 EA $ 2,500.00 $ 2,500.00 TOTAL GRADING & EROSION CONTROL $ 20,067.50 STREET LIGHTING & MISCELLANEOUS STREET LIGHTS COMPLETE INCLUDING 3 EACH $ 4,000.00 $ 12,000.00 WIRING & TRENCH RELOCATE EX. STREET LIGHT UTILITY CROSSING (4 PIPES ASSUMED) TOTAL STREET LIGHTING & MISCELLANEOUS Exhibit C 1 EACH $ 1,000.00 $ 1,000.00 +/-3 EACH $ 450.00 $ 1,350.00 $ 14,350.00 Page 3 of 4 Page 150 of 155 CITY OF DES PLAINES RESOLUTION R - 108 - 13 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR LEXINGTON PARK PHASE II LOCATED AT 254 LAUREL AVENUE, DES PLAINES, ILLINOIS. WHEREAS, Lexington Des Plaines, LLC ("Applicant"), is the owner of that certain property commonly known as 254 Laurel Avenue, City of Des Plaines, Illinois ("Subject Property"); and WHEREAS, Applicant submitted an application for subdivision of the Subject Property, and the City Plan Commission ("Plan Commission") approved Applicant's tentative plat of subdivision of the Subject Property; and WHEREAS, on April 1, 2013, the City Council adopted Ordinance Z - 10 - 13 approving Petitioner's Preliminary Planned Unit Development in connection with the Subject Property; and WHEREAS, Section 13-2-8.A of the City Code of the City of Des Plaines requires the approval of the final plat of subdivision for the Subject Property with all improvements, conditions, variations, public ways and recorded easements and documents pertaining to the subdivision platted thereon ("Final Plat") by a resolution duly adopted by the City Council; and WHEREAS, the Public Works and Engineering Department has approved the public improvement plans for Lexington Park Phase II Subdivision located at 254 Laurel Avenue, subject to the condition that Lexington Des Plaines, LLC, complete the installation of certain public improvements, including storm sewer, public sidewalks, sanitary sewer, fire hydrants, street lights, water main, streets with curb and gutter, and tree planting within the subdivision; and WHEREAS, the Plan Commission held a public hearing on May 13, 2013 to consider approving the Final Plat, and, after considering the facts and reviewing the Final Plat, the Plan Commission voted, by a vote of 4-0, with 1 abstention, to approve the Final Plat; and WHEREAS, the Plan Commission's recommendation to approve the Final Plat was subject to certain conditions that the Applicant was required to fulfill prior to consideration of the Final Plat by the City Council: (1) the preparation of a revised original mylar Final Plat of Subdivision that states all Planned Unit Development exceptions requested with respect to minimum lot size and front, side, and rear yard setbacks in the R-4 Zoning District; and (2) the preparation of a mylar Final Plat of Subdivision that states the subdivision regulation variation requested for a right-of-way width of as narrow as approximately 33 feet instead of a width of not less than 66 feet; and 1 Page 151 of 155 WHEREAS, City staff has found that the Applicant has fulfilled the conditions established by the Plan Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows; SECTION 1: RECITALS. The recitals set forth herein above are incorporated herein by reference as the factual basis for this resolution. SECTION 2: LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: BLOCK "A" IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST '/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST '/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116082, IN COOK COUNTY, ILLINOIS. TOGETHER WITH - THE WEST 7.96 FEET, AS MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK "B", IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST '/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST '/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116082, IN COOK COUNTY, ILLINOIS. PINS: 09-17-213-001 09-17-213-007 Commonly known as 254 Laurel Avenue, Des Plaines, Illinois. SECTION 3: APPROVAL OF FINAL PLAT. The City Council approves the Final Plat for the Subject Property, a copy of which is attached hereto and made a part hereof as Exhibit A, and authorizes the Mayor to sign, and the City Clerk to attest and seal, with the corporate seal of the City of Des Plaines, the original Final Plat, dated May 23, 2013, prepared by TFW Surveying and Mapping, Inc.. 2 Page 152 of 155 SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Legal\Res\2013\DP-Resolution Approving Final Plat 254 Laurel Avenue Lexington Park Phase II #23211476 v3 3 Page 153 of 155 TITLE COMMITMENT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25, 2010 THIS PROPERTY MAY BE SUBJECT TO COVENANTS. CONDITIONS AND RESTRICTIONS CONTAINED WITHIN: DOCUMENT #20598541. RECORDED AUGUST 28, 1968 (COVENANTS - NOT PLOTTABLE) DOCUMENT #19217454, RECORDED AUGUST 28. 1968 (EASEMENT - SEE NOTE 1) DOCUMENT #20124360, RECORDED MAY 1. 1967 (ALLEY VACATION - SEE NOTE 2) DOCUMENT #0625734028, RECORDED SEPTEMBER 14. 2006 (NO FURTHER REMEDIATION LETTER) DOCUMENT #0618632063, RECORDED JULY 9. 2010 (NO FURTHER REMEDIATION LETTER) DOCUMENT #1016018023, RECORDED JUNE 9, 2010 (REMEDIATION LETTER) DOCUMENT #21291532. RECORDED MAY 24. 2007 (EASEMENT - SEE NOTE 3) DOCUMENT #0827601022, RECORDED OCTOBER 2. 2008 (EASEMENT) DOCUMENT #0827733128, (HOMEOWNER'S ASSOCIATION) DOCUMENT #0809116062, RECORDED MARCH 31. 2008 (SUBDMSION) NOTE 1: GRANT OF EASEMENT MADE BY ROMEO 0. SIGWALT AND OLGA E. SIGWALT, HIS WIFE TO NORTHERN ILLINOIS GAS COMPANY DATED JULY 22, 1964 AND RECORDED AUGUST 18. 1964 AS DOCUMENT 19217454 OF THE RIGHT AND EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF LAYING. MAINTAINING. OPERATING, RENEWING. REPLACING AND REMOVING GAS MAINS AND ANY NECESSARY GAS FACILITIES APPURTENANT THERETO. TOGETHER WITH RIGHT OF ACCESS THERETO FOR SAID PURPOSES IN, UPON. UNDER, ALONG AND ACROSS THE EASTERLY SIDE OF LOT 16 IN BLOCK 2 SAID EASEMENT TO BE A STRIP OF LAND 5 FEET IN WIDTH LYING 2 1/2 FEET ON EITHER SIDE OF FACILITIES INSTALLED AS INDICATED ON PLAT ATTACHED AND MARKED "EXHIBIT A. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT. SEE -EXHIBIT A" IN SAID DOCUMENT. EASEMENT 15 DESCRIBED AS "A STRIP OF LAND 5 FEET IN WIDTH LYING 2.5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTILITIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTIUTIES. IF ANY. WILL NEED TO BE MARKED OR EXPOSED BY OTHERS SPECIALIZING IN THIS FIELD: AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) NOTE 2: RESERVATION IN THE VACATION ORDINANCE RECORDED MAY 1, 1967 AS DOCUMENT 20124360 RESERVING THE RIGHT TO MAINTAIN, OPERATE. REPAIR AND REPLACE, 8Y ITSELF OR BY ANY LICENSEE OR HOLDER OF A FRANCHISE FROM THE CITY OR BY ANY PUBLIC UTILITIES COMPANY AS THE CASE MAY BE ANY POLES. WIRES, PIPES. CONDUITS. SEWER MAINS. WATER MAINS OR ANY OTHER FACILITY OR EOUIPMENT FOR THE MAINTENANCE OR OPERATION OF ANY UTILITY NOW LOCATED IN SAID ALLEY OR PORTION THEREOF VACATED BY THIS ORDINANCE. THE ALLEY HAS BE RESUBDIVIDED. ALL UTILITIES SIGNED THE PLAT OF SUBDNISION WITH NEW PROPERTY ALIGNMENT. NOTE 3 EASEMENT IN FAVOR OF NORTHERN ILLINOIS GAS COMPANY. AND ITS/THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. TO INSTALL. OPERATE AND MAINTAIN ALL EOUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT. AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 21291532. AFFECTING THE SHOWN IN EXHIBIT A OF THE LAND. (SURVEYORS NOTE: PROPERTY IS ENCUMBERED BY SAID EASEMENT DOCUMENT, SEE "EXHIBIT A" IN SAID DOCUMENT. EASEMENT IS DESCRIBED AS "A STRIP OF LAND 10 FEET IN WIDTH LYING 5 FEET ON EITHER SIDE OF THE FACILITIES INSTALLED", NO ON-SITE UTIUTIES HAVE BEEN MARKED OR LOCATED. ON-SITE UTIUTIES, IF ANY. WILL NEED TO BE MARKED OR EXPOSED BY OTHERS SPECIALIZING IN THIS FIELD; AT THAT TIME SURVEYOR COULD LOCATE AND PLOT ON THE DRAWING FOR AN ADDITIONAL FEE.) SURVEYOR NOTES: A. INTENTIONALLY OMITTED. B. INTENTIONALLY OMITTED. C. INTENTIONALLY OMITTED. D. AU. UNDERGROUND STORMWATER UTILITY THE PROPERTY OWNER. E. THE CITY OF DES PLAINES WILL MAINTAIN STORM) THAT ARE IN THE PUBLIC RIGHT OF UNES SHALL BE PERPETUALLY MAINTAINED BY F: HERETOFORE DEDICATED MARCH 31. 2008 PARK PLAT OF SUBDIVISION). ONLY PUBLIC UTILITIES (WATER. SANITARY, WAY. PER DOCUMENT 0809116062 (LEXINGTON NUMBER ARC LENGTH RADIUS CH CH BR C1 114.53 442.97 114.21 N 13'29'21" E NUMBER BEARING DISTANCE L1 S 00'01'09" W 77.08 L2 S 87'23'26" W 7.97 L3 N 00'01'09" E 77.08 L4 N 00'01'09" E 213.45 pw 2, S� LINE 175.0' NORM. MEASURED AT R2C1T ANGLES. AND PARALLEL WITH THE SOUTH LOT UNE OF LOT 3 HEREBY DEDICATED FOR 7411PUBUC ROAD PURPOSE WESTERN AVENUE =a/ 44 BLOCK K �4oe° STORMWATER DETENTION EASEMENT PER DOCUMENT 0809116062 GRAPHIC SCALE 20 160 ( IN FEET) 1 inch . 40 ft_ PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CUENT: 09-17-213-001 & 0917-213-007 PLANNED UNIT DEVELOPMENT EXCEPTIONS GRANTED FOR ZONING CASE NUMBER 05 -031 -PUD TO ALLOW THE CONSTRUCTION OF LEXINGTON PARK PHASE 11 ON LOTS 18, 19, 20. 25, 26. AND 27 EXPIRES APRIL 1, 2014: 1. A FRONT YARD SETBACK OF 3 FEET, INSTEAD OF NOT LESS THAN 12 FEET: 2. A SIDE YARD SETBACK OF 3 FEET. INSTEAD OF NOT LESS THAN 5 FEET; 3. A REAR YARD SETBACK OF 9 FEET. INSTEAD OF NOT LESS THAN 12.6 FEET (20% OF LOT DEPTH); 4. LOT SIZES of 6,732 SQUARE FEET, INSTEAD OF NOT LESS THAN 10,000 SQUARE FEET; AND 5. A MINIMUM HORIZONTAL DISTANCE OF 8 FEET. OF THE REQUIRED 15 FEET, BETWEEN BUILDINGS; INSTEAD SUBDMSION REGULATION VARIANCES: 1. A RIGHT-OF-WAY WIDTH AS NARROW AS APPROXIMATELY 33 FEET. INSTEAD OF NOT LESS THAN 66 FEET PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LEXINGTON PARK - PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, A5 MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF, OF BLOCK'S', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. BSL = BUILDING SETBACK LINE NOTE: 252.72' BLANKET EASEMENT AND EXCEPTION _ TO BLANKET EASEMENT CREATED i PER LEXINGTON PARK RECORDED MARCH 31. 2008 AS DOCUMENT 0809116062 IS HEREBY VACATED ABROGATED AND ABOUSHED. 589'58'50"E n r, BLANKET EASEMENT AND EXCEPTION TO BLANKET EASEMENT HEREBY VACATED, ABROGATED AND ABOLISHED BLOCK A (PER DOC 0809116062) EXCEPTION TO BLANKET EASEMENT _83.70 _ r 589'58 50'E 2t 8r..!`18 73.00 J L S89'58'50 E 73.00 S89'S8'S0 Er 245.02' BLOCK B 23 26"W (PER OOC 08091 16C62) 00 u. O b N O EXISTING UNDERLYING PROPERTY INFORMATION & VACATION OF EXISTING EASEMENT AREA SUMMARY (EXISTING PROPERTY) PART OF BLOCK B 614 SQ. FT. BLOCK A 52.477 SQ. FT. TOTAL AREA SUBDIVIDED 53,091 SQ. FT. AREA SUMMARY (NEW SUBDIVISION) LOTS 18, 19, 20, 25, 26 & 27 49,584 SQ. DEDICATION 3,507 SQ. (WESTERN AVENUE) TOTAL AREA SUBDIVIDED 53,091 SQ. SEE PLAT OF INDIVIDUAL LOT AREAS. NOTE: THIS SUBDIVISION IS A PART OF A LARGER DEVELOPMENT AND CONSISTS OF LOTS 18, 19, 20, 25, 26 AND 27 ONLY. FT. FT. FT. 0.0141 ACRES 1.2047 ACRES 1.2188 ACRES 1.1383 ACRES 0.0805 ACRES 1.2188 ACRES � A\ Q G\la\(:)0 4 °' LOT 23 LOT 24 EVERGREEN AVENUE NERETC cti: :,_.,�. 'Lc �... ..... v.Er.l CENTER LINE OF FORMER CHICAGO & NORTHWESTERN RAILROAD COMPANY SPUR TRACK. I.C.0 /198 8.5' 34.56' Z'' N LLJ . 'ii I- O W' O $n 1 �i N 2 8.46 .....1,7.96' 0501CAT100 L0 27 o C- 6T308 5F • MN o 7 7.97 BLOCK B S87'23'26"W 245.02 _�R 00C 08091, ow HEREBY DEDICATED FOR PUBUC ROAD PURPOSE 1 WESTERN AVENUE :1 _J 1 1 LOT 1 --252.72'-- -218 16'- LOT 22 BLOCK E S89'58'50"E LOT 21 117.50 LOT 25 8578 5F 137.14' I. 0 85 ID 100.66 LOT 20 6732 SF 100.66' N89.58'50, /'CONCRETE y MONUMENT 138.39' sagse 5° E - BLOCK A - (PER DOC 0609116062) 0 1. 11442 SF 6 145.50' LOT 26 S8723'261.1 3' 8u:L5NG UNE ..32 96' 25' 1w 1' • W Q z 8 ▪ W G.N L2 -CONCRETE MONUVENT s At M 99.41' LOT 19 7361 SF N87'23'26;) 99.52 146.56' -7-6711."G-17g- LOT ' BUILDINGLINE LOT 18 9163 SF N REVISED: OCTOBER 31, 2012 (REVISED BUILDING ALIGNMENT)( REVISED: JULY 2, 2012 (VARIANCE NOTE) (120641.1) REVISED: JUNE 15, 2012 (VILLAGE COMMENTS 2.2-11) REVISED: NOVEMBER 4, 2010 (REVISED 8LOGS)(101 192-21 DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PRO). NO: 1201 FOR: THE LEXINGTON GROUP PRO). NAME LEXINGTON PARK Copyrip t z tlw S„n,y1 9 h Yopo.o. Inc. 2013. NI .lgnts npsn t, 0,0505.074 Deo:gn Grm Rpgstrotwn j984 -002 793. 121118-SUBI) REVISED: MAY 23, 2013 (CITY COMMENTS 1.13.2013) PREPARED BY: W � W 5 i W° 06 L�8 8 o 5000' \f,s. BLOCK L STORMWATER DETENTION EASEMENT PER DOCUMENT 0809116062 BLOCK I LOT 9 BLOCK J WILLOW AVENUE HERETOFORE DE1(61ED PER DOCUMENT 0809116062 CONCRETE MONUMENT LOT 15 LOT 16 BLOCK F LOT 14 LOT 10 BLOCK G LOT 11 LO1 / LOT 17 LOT 13 BLOCK C BLOCK D HARDING AVENUE TF SURVEYING U MAPPING Z REVISED: APRIL )7, 20(3 (CITY COMMENTS 4-B-2013)(1303141) LAND SURVEYING • TOPOGRAPHIC MAPPING • CONSTRUCTION LAYOUT REVISED: MARCH 28, 2013 (REMOVE ZONING)(121118-SUB2) BBB EAST DELVIDERE ROAO•SUITE 153•GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 SHEET 1 OF 2 tfw@tfwsurvey-coni www.tfwn survey.coi 25.0'. 25_0' tl 0 z WILLOW AVE L_ DATE 10/29/10 11/4/10 3/22/13 CHECKED BY REVISION TFW ORIGINAL PUBLICATION TFW REVISED BUILDINGS TOB REVISED BUILDINGS LOT 5 LOT 12 LOT 6 LOT 8 Exhibit A Page 154 of 155 OWNER'S CERTIFICATE STATE OF ILUNOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT IT IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND RE -SUBDIVIDED AS SHOWN HEREON, FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. I FURTHER CERTIFY THAT I WILL REOUEST THE PLACEMENT OF SUBDMSION MONUMENTS WITHIN 11 MONTHS OF SUBDIVISION RECORDING. ADDITIONALLY I WILL AUTHORIZE AND FORWARD PAYMENT TO WW SURVEYING & MAPPING. INC. FOR PLACEMENT OF MONUMENTS. ALL STREETS SHOWN HEREON AND NOT HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC. FURTHERMORE, TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, THE PROPERTY LEGALLY DESCRIBED HEREON LIES WITHIN GRADE SCHOOL DISTRICT _, HIGH SCHOOL DISTRICT AND JUNIOR COLLEGE DISTRICT _. DATED AT ILLINOIS, THIS _ DAY OF A.D. 20 . BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON DES PLAINES 1, LLC ADDRESS: 1731 NORTH MARCEY ST., SUITE 200 ADDRESS: CHICAGO. IL 60614 NOTARY CERTIFICATE STATE OF ILUNOIS) ss COUNTY OF _) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID. DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A D 20 MY COMMISSION EXPIRES: NOTARY PUBUC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. IWNOIS ON AS DOCUMENT NO IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT _. IWNOIS, THIS _ DAY OF AD 201 BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF ) A NOTARY PUBLIC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS _ _ AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DEUVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 20 . MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF _) SS HEREBY CERTIFIES THAT AS MORTGAGEE OF THE PROPERTY DESCRIBED HEREON UNDER MORTGAGE DATED AND RECORDED IN THE RECORDERS OFFICE OF COUNTY. ILLINOIS ON AS DOCUMENT N0. IT CONSENTS TO THE DEDICATION AND SUBDMSION AS HEREON DRAWN. DATED AT ILLINOIS. THIS _ DAY OF A.D. 201_. BY: TITLE: ATTEST: TITLE: NOTARY CERTIFICATE STATE OF ILLINOIS) ss COUNTY OF _) A NOTARY PUBUC IN AND FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO 8E THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: TITLE REPORT NOTES: THIS SURVEY REFLECTS CERTAIN MATTERS OF TITLE AS INDICATED WITHIN: CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE ORDER NO. 1409 008481473 NSC EFFECTIVE DATE: JUNE 25. 2010 NOTARY PUBLIC PINS AS LISTED IN TITLE COMMITMENT AND PROVIDED BY CLIENT: 09-17-213-001 & 0917-213-007 TITLE COMMITMENT INCLUDES ADDITIONAL PROPERTY WHICH IS NOT SURVEYED HEREON. OWNER'S CERTIFICATE STATE OF ILLINOIS) COUNTY OF )SS DOES HEREBY CERTIFY THAT N IS THE OWNER OF THE PROPERTY DESCRIBED AND THAT R HAS CAUSED THE SAID PROPERTY TO BE SURVEYED AND SUBDMDED AS SHOWN HEREON. FOR THE USES AND PURPOSES THEREIN SET FORTH AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON SHOWN. DATED AT ILLINOIS, THIS _ DAY OF A.D. 20 . BY: TITLE: ATTEST: TITLE: NAME: LEXINGTON PARK TOWNHOME OWNERS ASSOCIATION, AN ILUNOIS NOT FOR PROFIT CORPORATION ADDRESS: ADDRESS: ADDRESS: ADDRESS: NOTARY CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF _) A NOTARY PUBLIC 114 ANO FOR THE SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND OF PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS AND APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF A.D. 20__. MY COMMISSION EXPIRES: NOTARY PUBLIC FINANCE DIRECTOR CERTIFICATE STATE OF ILLINOIS) SS COUNTY OF COOK) 1 FIND NO DEFERRED INSTALLMENTS OF OUTSTANDING UNPAID SPECIAL ASSESSMENTS DUE AGAINST THE LAND INCLUDED IN THE PLAT SHOWN HEREON. FINANCE DIRECTOR OF THE CITY OF DES PLAINES. COOK COUNTY, ILLINOIS, THIS _ DAY OF 201_. SIGNED: FINANCE DIRECTOR. DES PLAINES. ILUNOIS DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS APPROVED BY THE DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. THIS DAY OF 201_. SIGNED: DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT BLANKET EASEMENT PROVISIONS A NON-EXCLUSIVE BLANKET EASEMENT FOR SERVING LOTS 1 THROUGH 23 WITHIN THIS PLANNED UNIT DEVELOPMENT AND OTHER PROPERTY WITH ELECTRIC. COMMUNICATIONS, SEWER. WATER. cos AR0 DRAINAGE SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COOK COUNTY. RJ.IN015. NORTHERN IWNOIS GAS COMPANY. CONED. AMERITECH. AND CABLE TELEVISION FRANCHISES OF COOK COUNTY. THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. JOINTLY AND SEVERALLY, TO INSTALL. OPERATE. MAINTAIN AND REMOVE, FROM TIME TO TIME FACILITIES USED IN CONNECTION WITH UNDERGROUND TRANSMISSION AND 015TR18UDON OF ELECTRICITY. SOUNDS AND 51GNAL5. GAS MAINS. SEWER AND WATER MAINS AND DRAINAGE IN, UNDER, ACROSS, MONO AND UPON THE SURFACE OF BLOCK M WITHIN THIS PUNNED UNIT DEVELOPMENT, TOGETHER WITH TTE RIGHT TO INSTALL REOUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF 8LOCK M TO SERVE IMPROVEMENTS THEREON. THE RIGHT TO CUT, TRIM OR REMOVE TREES. BUSHES AND ROOTS AS MAY BE REASONABLY REQUIRED INCIDENTAL TO THE RIGHTS HEREIN MEN. AND THE RIGHT TO ENTER UPON BLOCK M WITHIN THIS PLANNED UNIT DEVELOPMENT FOR Al SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES' FACILITIES WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE LAND SHAH. NOT 8E ALTERED IN A MANNER SO A5 TO INTERFERE WITH 114E PROPER OPERATION AND 1WNTENANCE THEREOF. THE TERM 'COMMON ELEMENTS' SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM W SECTION 2(E) OF -AN ACT IN RELATION TO CONDOMINIUMS' (ILLINOIS REVISED STATUTES. CH. 30, PAR. 302 (E). A5 AMENDED FROM TIME TO TME. THE TERM 'COMMON AREA OR AREAS' IS DEFINED AS A LOT PARCEL OR AREA OF REN. PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH I5 RESERVED IN WHOLE AS AN APPURTENANCE TO THE SEPARATELY OWNED. PARCELS OR AREAS WITHIN THE PUNNED DEVELOPMENT, EVEN THOUGH SUCH BE O WNERS OTHERWISE DESIGNATED ON THE PUT 8Y TERMS SUCH A5, '0UTL015", -COMMON ELEMENTS•. 'OPEN SPACE". 'OPEN AREA'. 'COMMON GRQUNO'. PARKING, LOT A' & 'C0M908 AREA'. ME TERMS '601.9.40N AREA OR AREAS' AND 'COMMON ELEMENTS' 1146100190 REAL PROPERTY SURFACED WITH INTERIOR (ANOVAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY 066391E0 BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES AS A POOL OR RETENTION POND, OR MECHANICAL EQUIPMENT. RELOCATION OF FACILITIES WILL BE DONE 8Y GRANTEES AT COST OF GRANTOR/10T 0WN511, UPON WRITTEN REQUEST. PUBUC U1NTY EASEMENTS PROVI0E0. SHALL BE FOR THE USE OF MUNICIPAL SEWER AND WATER LINES. STORM DRAINAGE AND PUBLIC UTILITY UNES, UNES FOR ANY CABLE TELEVISION FRANCHISE GRANTED BY THE WY, AND OTHER MUNICIPAL USES. PUBLIC UTILITY EASEMENT PROVISIONS EASEMENT PROVISIONS AN EASEMENT FOR SEWING THE PROPERTY WITH ELECTRIC. NATURAL CJS AND COMMUNICATION SERVICE 5 HEREBY RESERVED FOR AND GRANTE0 TO COMMONWEALTH EDISON COMPANY AT&T. GRANTEES. NORTHERN IWNOIS GAS COMPANY. WIDE OPEN WEST AND 609693T. GRANTEES 1142I13 RESPECTIVE LICENSEES. SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY. TO CONSTRUCT. OPERATE, REPAIR, MAINTAIN. MODIFY. RECONSTRUCT, REPUCE, SUPPLEMENT, RELOCATE AND REMOVE. FROM TME TO TIME, POLES GUYS. ANCHORS. TARES, CABLES. CONDUITS, MANHOLES. TRANSFORMERS. PEDESTALS. EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH OVERHEAD AND UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY. COMMUNICATIONS. SOUNDS AND SIGNALS IN. OVER. UNDER. ACROSS. ALONG AND UPON THE SURFACE OF THE PROPERTY DENOTED AS BLOCK M ON THE PUT. THE PROPERTY DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR 011 THIS PUT A5 'COMMON ELEMENTS". AND THE PROPERTY DESIGNATED ON THE PUT AS 'COMMON AREA OR MEAS'. AND THE PROPERTY DESIGNATED ON THE PUT FOR STREETS AND ALLEYS. WHETHER PUBLIC OR PRIVATE. TOGETHER WITH THE RIGHTS TO INSTALL REQUIRED SERVICE CONNECTIONS OYER OR UNDER THE SURFACE OF BLOCK M AND COMMON AREA OR MFRS TO SEINE IMPROVEMENTS THEREON, OR ON ADJACENT BLOCKS. AND OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY 8E REASONABLY REWIRED INCIDENT TO THE RIGHTS 9E809 GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. OBSTRUCTIONS SHALL NOT BE PLACES OVER 'GRANTEES FACILITIES OR IN, UPON OR OVER THE PROPERTY, WITHOUT THE PRIOR WRITTEN CONSENT OF GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE 5UBDIODE0 PROPERTY SHALL 1401 8E ALTERED IN A MANNER 50 AS TO INTERFERE WT14 1146 PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM 'COMMON ELEMENTS' SHALL HAVE THE MEM. SET FORTH FOR SUCH TERM IN THE 'CONDOMINIUM PROPERTY ACT'. CHAPTER 765 ILC5 605/2. AS AMENDED FROM TME TO TIME. 114E TERM 'COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF REAL PROPERTY. THE BENEFICIAL USE AND ENJOYMENT OF WHICH 15 RESERVED M WHOLE OR A5 AN APPORTIONMENT TO THE SEPARATELY OWNE0 LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT. EVEN THOUGH SUCH BE OTHERWISE DESIGNATED ON THE PUT BY TERMS SUCH A5 '0U1LOTS-. 'COMMON ELEMENTS'. 'OPEN SPACE". 'OPEN AREA', "COMMON GROUND', 'PARKING' ANO 'C01.11.108 AREA'. THE TERM 'COMMON AREA OR AREAY, AND 'COMM01 ELEMENTS' INCLUDE REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, 8U1 EXCLUDES REAL PROPERTY PHYSK:ALLY OCCUPIED BY A BUILDING. SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A DECK. PATIO. POOL RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACIU0ES WILL BE DONE 8Y GRANTEES AT COST OF THE GRANTOR/LOT OWNER. UPON WRITTEN REQUEST. SEND TAX BILL T0: RETURN THE PLAT MYLAR T0: OWNER: NAME: THE LEXINGTON GROUP NAME: CITY OF DES PLAINES NAME: THE LEXINGTON GROUP DEPARTMENT OF COMMUNITY AND ADDRESS: 1731 NORTH MARCEY ST. ECONOMIC DEVELOPMENT ADDRESS: 1731 NORTH MARCEY ST. SUITE 200 ADDRESS: 1420 MINER STREET SUITE 200 ADDRESS: CHICAGO. IL 60614 ROOM 301 ADDRESS: CHICAGO, IL 60614 ADDRESS: DES PLAINES. IL 60016 REVISED: MAY 23, 2013 (CITY COMMENTS 5.13.2013) REVISED: APRIL 17, 2013 (CITY COMMENTS 4.8.20131(130314-21 REVISED: MARCH 28, 2013 (REMOVE ZONING) (121118-SUB2) REVISED: MARCH 22, 2013 (REVISED LOTS) REVISED: OCTOBER I1, 2012 (REVISED BUILDING ALIGNMENT)(121 118'9U82) REVISED: JULY 2, 2012 (VARIANCE NOTE) (120641-21 REVISED: JUNE 14, 2012 (VILLAGE COMMENTS ,2.1 11 PREPARED BY: REVISED: NOVEMBER 4, 2010 (REVISED 811.5)(101192.21 DATE: OCTOBER 29, 2010 ORDER NO: 130432.2 PROD. NO: 1251 FOR: THE LEXINGTON GROUP PRO). NAME: LEXINGTON PARK COPYryhlCT{W S,svrrrvJ & MnPFiny.IM.. 3; M.q�l, rKe,Ve� SHEET 2 OF 2 ProteGiMd De,'gn , m RegisvOfM F1eA-(g2]9J. TFat SURVEYING U MAPPING — PLAT OF RESUBDIVISION LEXINGTON PARK - PHASE TWO LAND SURVEYING TOPOGRAPHIC MAPPING CONSTRUCTION LAYOUT 880 LAST ISEI.VIDERE ROAD • SUITE 413• GRAYSLAKE, ILLINOIS 60030 847-548-6600 FAX 548-6699 tfw@tfwsurvey.com www.tfwsurvey.com LEXINGTON PARK - PHASE TWO, BEING A RESUBDIVISION OF BLOCK 'A' AND THE WEST 7.96 FEET, A5 MEASURED PARALLEL WITH AND PERPENDICUTAR TO THE WEST LINE THEREOF, OF BLOCK '8', IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST I/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINGPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID LEXINGTON PARK, RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. DIRECTOR OF PUBLIC WORKS AND ENGINEERING CERTIFICATE STATE OF ILLINOIS) 55 COUNTY OF COOK) APPROVED BY THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING OF THE DES PLAINES. COOK COUNTY. ILLINOIS, ON THIS _ DAY OF 201_. SIGNED: DIRECTOR OF PUBLIC WORKS AND ENGINEERING COMMISSIONERS CERTIFICATE STATE OF ILLINOIS) COUNTY OF COOK) SS CITY OF APPROVED BY THE CITY PLAN COMMISSION OF THE CITY OF DES PLAINES, COOK COUNTY. ILLINOIS. ON THIS DAY OF A.D. 201_ A.D. PRESIDENT. PLAN COMMISSION. SIGNED: PRESIDENT SIGNED: ATTEST MAYOR AND CITY CLERK CERTIFICATE STATE OF ILUNOIS) SS COUNTY OF COOK) APPROVED BY THE MAYOR AND THE CITY COUNCIL OF THE COOK COUNTY. ILLINOIS, AT A MEETING HELD THIS _ DAY OF _ 201_. CITY OF DES PLAJNES, SIGNED: MAYOR SIGNED: CITY CLERK UTILITY CERTIFICATES APPROVED AND ACCEPTED BY: COMPANY: COMMONWEALTH EDISON COMPANY NAME: TITLE' DATED THIS _ DAY OF A.D. 201_. COMPANY: AT&T, GRANTEES NAME: TITLE: DATED THIS _ DAY OF . A.D. 71+. COMPANY: NORTHERN ILLINOIS GAS COMPANY NAME: DATED THIS _ DAY OF TITLE: A.D. 201_ COMPANY: WIDE OPEN WEST NAME: TITLE: DATED THIS _ DAY OF A.D. 201_ SURVEYOR'S DESIGNATION OF RECORDING STATE OF ILLINOIS) COUNTY OF LAKE) SS I, THOMAS F. WASILEWSKI, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF ILUNOIS, HEREBY DESIGNATE OF _ IN TO RECORD THIS (street nome) (city. stole) PLAT WITH THE COOK COUNTY RECORDER OF DEEDS. THIS DESIGNATION IS GRANTED UNDER THE RIGHT TO DESIGNATE SUCH RECORDING UNDER CHAPTER 109, SECTION 2 OF THE ILLINOIS REVISED STATUTES. AS A CONDITION OF THIS GRANT. SAID DESIGNEE IS HEREBY REOUIRED TO PROVIDE TO THIS SURVEYOR, A CERTIFIED COPY OF SAID PLAT. IMMEDIATELY UPON RECORDING OF SAME. RECEIPT OF SAID CERTIFIED COPY WILL SERVE AS NOTICE TO THE SURVEYOR THAT THE PLAT HEREON DRAWN HAS BEEN RECORDED. DATED THIS 29th DAY OF OCTOBER, A.D. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR N0. 35-2515 LICENSE EXPIRES NOVEMBER 30. 2014 SURVEYOR'S CERTIFICATE STATE OF ILLINOIS) ss) COUNTY OF LAKE) I. THOMAS F. WASILEWSKI. AN ILLINOIS PROFESSIONAL LAND SURVEYOR. HEREBY CERTIFY THAT I HAVE SURVEYED AND RE-SUBDMDED THE FOLLOWING DESCRIBED PROPERTY TO -WIT: BLOCK "A" IN LEXINGTON PARK. BEING A SUBDMSION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH. RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY, ILLINOIS. --- TOGETHER WITH --- THE WEST 7.96 FEET. A5 MEASURED PARALLEL WITH AND PERPENDICULAR TO THE WEST LINE THEREOF. OF BLOCK 'B-, IN LEXINGTON PARK, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF THE NORTHEAST 1/4 AND PART OF THE EAST 1/2 OF THE NORTHWEST 1/4, ALL IN SECTION 17, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF' RECORDED MARCH 31, 2008 AS DOCUMENT NUMBER 0809116062, IN COOK COUNTY. ILLINOIS. AND THAT THE PLAT HEREON DRAWN 15 A REPRESENTATION OF SAID SURVEY AND SUBDIVISION. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. I FURTHER CERTIFY THAT THE LAND INCLUDED BY SAID SURVEY IS WITHIN THE LIMITS OF THE CITY OF DES PLAINES. I FURTHER CERTIFY THAT THE PROPERTY SHOWN HEREON FALLS PARTIALLY WITHIN FLOOD ZONE "X" - AREAS DETERMINED TO BE OUTSIDE THE 0.25 ANNUAL CHANCE FLOODPLAIN, AS PER MY REVIEW OF THE NATIONAL FLOOD INSURANCE PROGRAM - FLOOD INSURANCE RATE MAP: COMMUNITY PANEL NUMBER 1703TCO217J EFFECTIVE DATE AUGUST 19, 2008. I FURTHER CERTIFY THAT UPON COMPLETION OF CONSTRUCTION. CONCRETE MONUMENTS OR WITHIN 12 MONTHS OF THE DATE OF RECORDING OF THIS PLAT (WHICHEVER COMES FIRST), AS SHOWN. AND IRON PIPES WILL BE SET AT ALL LOT CORNERS AFTER AUTHORIZATION AND PREPAYMENT FROM CLIENT. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS�FOR A BOUNDARY SURVEY. CERTIFIED Al GRAYSLAKE, ILLINOIS THIS 29 AY O)lDCTOBER, AD. 2010. ILLINOIS PROFESSIONAL LAND SURVEYOR N0. 35-2515 LICENSE EXPIRES NOVEMBER 30, 2014 Exhibit A Page 155 of 155 em OI DES PLAINES ILLINOIS Commi4eee of the Whole Item Wk City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391.5306 Fax: 847.827-2196 MEMORANDUM Date: May 30, 2013 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Scott Mangum, AICP, Senior Planner Subject: Consideration of a Zoning Text Amendment, Case #13 -016 -TA Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Section 11.6.B regarding Electronic Message Board signage regulations. Analysis: Text Amendment Report Petitioner: Subway, Phil Mesi, 877 Elmhurst Road, Des Plaines, IL 60016 Address: Citywide Case Number: 13 -016 -TA Background Information In 2007 the City first introduced zoning regulations regarding Electronic Message Board (EMB) signs. In 2011 the City Council revised the limitations on EMB signage from no greater than 20 square feet and no more than 30% of overall sign area to no greater than 32 square feet, but did not make any changes to the proportionality rule (30%). Language was also added to limit the brightness of signs by requiring automatic dimming, increase the static display time from 7.5 seconds to 10 seconds, and set a minimum distance of 250 feet from residences in R-1, R-2, or R-3 Zoning Districts. Proposed Amendment The applicant, Phil Mesi of Subway, has proposed a new Text Amendment to increase both the maximum size and proportion ofa sign that can incorporate an EMB. The proposed amendment would also decrease the minimum distance from a residence from 250 to 200 feet. Page 1 of 34 While the applicant has proposed the amendment in order to replace an existing EMB sign at their particular location on Elmhurst Road, the proposed changes to the Zoning Ordinance would apply citywide. Current Regulations and Proportionality Discussion Attachment 2 includes pertinent portions of the City's sign regulations regarding EMB signs and the pole and monument signs which they can be incorporated within. Important to note is the maximum size of a monument or pole sign is determined by the amount of street frontage and size of a property. In some cases the EMB proportionality limitation of 30% has provided an incentive for applicants to increase the overall size of the sign in order to meet the 30% proportion that can incorporate an EMB. For example, a lot with 150 -feet of frontage on one street would be allowed one pole sign with a maximum size of 90 square feet. Under current regulations the applicant would need to construct a 90 square foot sign (63 square feet of static area + 27 square feet EMB area) in order to incorporate the 30% maximum of EMB. If the proposed Text Amendment were allowed, a larger EMB could be incorporated into a smaller total sign. For example, a 64 square foot sign (32 square feet of static area + 32 square feet EMB area) would allow a larger EMB while reducing the overall sign area. Existing EMB Signs Attachment 4 is a map which indicates the location of existing EMB sign permits within the City. Most of the existing signs are located on commercial corridors and dispersed throughout the community. The size of EMB signs range from 6 square feet to 923 square feet at the Rivers Casino with a median size of 26 square feet. The EMB percentage also ranges from 7 to 100 percent of the sign with a median of 27 percent. Attachment 5 shows photos with examples of eight existing EMB signs, including dimensions and percentage of sign where available. To properly evaluate the text amendment request, the standards below, which are contained in Section 3.7-5 of the Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address signage or EMB signage. The Economic Development section of the Plan does have objectives to retain and attract businesses, while the Urban Design section has the goal to enhance the appearance of key community entry points and traffic routes. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Page 2 of 34 Comment: The Zoning Ordinance currently limits EMB signage to no larger than 32 square feet. The proposed amendment would allow for EMB signage up to 36 square feet and allow the percentage of the sign that may be an EMB to increase from 30% to 50%. Existing EMB signs range from 6 to 923 square feet, while the median size EMB sign is approximately 26 square feet, and the median percentage is approximately 27 percent. The amendment would also allow EMB signage 50 -feet closer to more sensitive residential neighborhoods where the signage may conflict with the existing character, but still provide a 200 -foot separation. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow larger EMB signage should not have a direct affect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The increased signage may help businesses by increasing the visibility of EMB signage and increasing the area that is available for messages. Although reduced from 250 -feet, the 200 -foot minimum distance from residences in residential districts, in addition to limitation on brightness and glare, should limit the potential adverse impacts. E. Whether the proposed amendments reflects responsible standards for development and growth: Comment: This zoning text amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. The increase in EMB sign area and proportion has the ability to alter the aesthetics of the community and should be weighed as a policy consideration. Recommendations: At its May 28, 2013 meeting, the Plan Commission, after having heard and fully considered the evidence, voted (4-0) to recommend approval of the zoning text amendments as recommended by staff. The applicant stated that they were withdrawing their request to increase the maximum size of EMB signs from 32 to 36 square feet. Based on the above analysis, the Community and Economic Development Department recommends approval of the requested text amendment regarding Electronic Message Board signage regulations regarding proportionality and distance from residential. By restricting the proportion of a sign to 30%, the current regulations incentivize increasing the total size of a pole or monument sign for owners to reach the maximum allowable EMB size. This acts to promote larger overall signs and increase sign pollution. Increasing the proportion to 50% would reduce this incentive for larger signs. The proposed 50 -foot reduction in separation from a residence still allows a 200 -foot buffer from the face of the sign. Additionally, the Zoning Ordinance limits the brightness and prevents direct glare onto adjacent properties. Page 3 of 34 However, staff does not recommend increasing the maximum size of EMBs from 32 to 36 square feet. This regulation was significantly increased in 2011 from 20 to 32 square feet. The majority of EMB signs within the City fall below the existing 32 square foot limitation. A variation could still be requested and considered on a case by case basis where a hardship applies. Under Section 3.7-4-D of the Zoning Ordinance (Amendments) the City Council has the final authority on the proposal. It is recommended that this matter be placed on the June 17, 2013, City Council Committee of the Whole agenda. SM/sm Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Petitioner's Text Amendment Application Proposed Text Amendment to the Zoning Ordinance Pertinent Existing Zoning Ordinance Sign Regulations Map of Existing EMB Signs Sample Photos and Dimensions of Existing EMB Signs Draft Minutes of the May 28, 2013 Plan Commission Hearing Letter from Plan Commission to the Mayor Page 4 of 34 CITY OF DES PLAINES PLAN COMMISSION 1420 MINER STREET DES PLAINES, IL 60016 MAP/TEXT AMENDMENT APPLICATION DO NOT WRITE 1N THIS SPACE - FOR OFFICE USE ONLY Address of Property b 1 Case i/ 13. ORD -In Property Located in: Floodplain Yes No Floodway Yes No a3(.15cr) Fee Paid/Receipt Number a_4 l7 '7 D Amount Date / Date Legal Notice Published (Journal & Topics Newspaper) Scheduled Hearing Date at 7:00 P.M. in Room 101, City Hall Action by Plan Commission/City Council 1. Address of Property 877 S. E imhuf 2. An Amendment is requested to the City of Des Plaines Zoning Ordinance to change -te• as follows: (Map or Text) 3. A Map Amendment is requested to change the present zoning district from N I# (Present Zoning District) to �� IAon the following described property (fill in or attach legal description). (Proposed Zoning District) 4. A Text Amendment is requested t rev: / add / delete \ (D/ t3 as follows: ircle One) (Section/Paragraph) Elect r..11 nub eitta 501 444- cd stn c.re or- 3C4 whichemr- I s , The. crvmc.6S -Coo_ vk an elec.lr c m ae- i2ccs 49n 410.11 ((\\ be -0c, Mi a v Doc; 4,00x,. 3 5. Property Index V Number -- i7 ( (From a recent tax bill or township assessor's office) 6. Present Use of Property AQ-"rC.tl ( - SUh WCt.I( 7. Present Zoning District of Property N I A Attachment 1 (Zoning District) Page 5 of 34 8. Proposed Use (i.e.. gunge. mom additions, ate...) � (A O. Nunes ofAppticont(s) hllike`J` 10. Address of Appliexull(s) 11. Telephone Number of Applicant(s) 12. Property Interest of Applicant(s) 13. Name ofOwna(s) (Ifdiflbtnt from applicant) 1 12 -klv4e.9- OS' n ;�` M 14 14. Address of Owner (s) (trdl flbrnnt form applicant) 5Cpa� 1 J . t 1e � r, --t'rubk- ibr a• 60uE3 15. Telephone Number ofOt ci(s) (irdilrerent Brom applicant)( ) (QCs - 5.710 16. Names) of Tat Benonciay(ies) 17. Address(os) of Trust Benoliciary(ies) 18. Name ofContact Person L.iso- crack { _ 1N. Telephone Number of Contact Passat (-773 ) -3$o - 33Lj C'..1CA . j or(...y7) 544 20. Address of Contact Person gOCZ.W n .tJi k (�thatoo, 3'C. (00G-31 21. Complete Attached "Statement by Applicant" All applications involving property held by n lend trust must he signed by the bust ofikcr of the institution holdbg the trust as the owner of the property. Additionally, the trust bateticiary(ics) rout his (their) current addrrra(as) must he disclosed on the application form. The application must also be accompanied by the allowing: 1. Certified copy of the trust roternent; 2. A letter from the trustee eertif nag ci;.. i the beneltoiary(ies) a thrown an the applicrlion we Con= end disclosing any beoeficlary changes or lack thereof during the 12 months immediately preceding the fling of this application. 1 (we) omtiFy that all of the slime atateaments and the statements ocels:n c:.'• in my p: or p? ass g : bmitted herewith are tete to the beef of my (oar) knowledge and belief. 1 (we) consent to the entry In or upon the premises described In this application by racy authorized owl Mlle City ofDes Plaines, Illinois, lb' : the mtehring, and ving such notices as maybe required. gnature of • • • liven iAy iud ABthd Date • �,[, , fI, Illf Qy /0-Ra/3 f31gaanae of Owner Date Attachment 1 Page 6 of 34 STATEMENT BY APPLICANT ADDRESS OF PROPF.RI'Y SUSE IMh01.4 R\ CASE NUMBER A statement containing all the circumstances, factors, and arguments that the petitioner offers in support of the proposed amendment, including an explanation of how the petition satisfies each of the standunis set forth in Article 3, Section 3.7-5 (Standard for Amendments); A. Whether the proposed amendment is consistent with the goals. objectives. and policies of the Comprehensive Plan, as adopted and amended from time to time by the City Council; the rectveLkS i t1 6.00 (slrt c lhons (Lji I allow tleck c r c,M2 rc`� ul� lxne ��l he, c vim- -�,.- � fi triUf S u -Ah I bePluines B. Whether the proposed amendment is compatible with current conditions and the overall eharactejr of existing development in the immediate vicinity of the subject properly; Ire �r� Qrrendn-'QJ f i S cO X ftle, wr4'1 curro.ilf- cor6Orions ciM will het l re \ drwJ in QQa'(ktc.nal krc_Kck, 0. N.., tror\Q.(Art P Pie.)r If) 3NIESVatc\G, re n 2oi nr across EIm c* 6 C. Whether the proposed amendment is appropriate considering the adequacy of public lhcilitics and services available to this subject property; Jj Attachment 1 Page 7 of 34 Attachment 2 — Applicant's Proposed Text Amendment SIGN TYPE NUMBER, AREA, HEIGHT, AND OTHER LIMITATIONS (2) Electronic Message Boards (Z-27-11) Electronic Message Boards shall not exceed 39% DU° ° of the total sign area, or 32 square feet, whichever is less. Only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one Electronic Message Board will be permitted overall. Location. The animated face of an Electronic Message Board sign shall be a minimum of two hundred and -fifty ($O ) feet away from a residence in the R-1, R-2, and R-3 residential districts and shall be arranged to prevent direct glare onto any adjacent properties. a. Institutional District is exempt from this standard. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. (Z-27-11) The changeable copy shall be specific to the business in which the sign was intended. No sounds will be permitted. Automatic Dimming. Electronic Message Board signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the sign during ambient low -light and night time (dusk to dawn) conditions. The signs shall not exceed five hundred (500) nits of intensity as measured at the sign surface during night time and low -light conditions and five thousand (5.000) nits during daytime hours. (Z-27-1 1) Attachment 2 Page 8 of 34 D. Maintenance. Every awning shall be rolled or folded against the building wall except when serving as protection from sun, rain, snow or other inclement weather. 11.5-5 Canopies. A. Materials. Canopies may be constructed of cloth or metal hood; provided, however, all frames and supports be of metal. B. Projection Above Sidewalk and Setback. All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than 8 feet above the level of the sidewalk or public thoroughfare. A canopy shall not extend more than 4 feet beyond the front of a building or 3 feet into the public right-of-way. No canopy shall be permitted to extend beyond a point 2 feet inside the curb linc. C. Supports. The framework of all canopies shall be designed by an architect or structural engineer and approved by the Zoning Administrator and in compliance with the City's Building Code. D. Width Size. No canopy shall be permitted to exceed 8 feet in width. 11.5-6 Temporary Signs. A. Duration. No temporary sign shall be erected and maintained for a period in excess of thirty days. At the expiration of said thirty days, no sign shall be erected or maintained on the premises for a period of sixty days. B. Weight Limitation. Any temporary sign, regardless of exempt status, weighing in excess of 50 pounds must be approved by the Zoning Administrator and conform to the requirements of the City's Building Code. C. Projection Above Sidewalk and Setback. No temporary sign shall extend over or into any street, alley, sidewalk, or other public thoroughfare a distance greater than 4 inches from the wall upon which it is erected, and shall not be placed or project over any wall opening. D. Construction. Every temporary sign shall be securely fastened to a wall, building, other support structure by means of wire, cable, string, rope or other suitable material. E. Limitation. The advertisement contained on any temporary sign shall pertain only to the business industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or religious nature. Temporary signs are permitted if they are in conjunction with a grand opening, special sale, promotion or similar type event. 11.5-7 Electronic Message Boards A. Electronic Message Board Requirements and Limitations. Electronic Message Boards shall be permitted only when incorporated within a new or existing pole sign or monument sign (this shall not include billboards). The overall sign must comply with all existing standards and regulations as set forth in Article 11 of the City of Des Plaines Zoning Ordinance regarding pole signs and monument signs. Electronic C+ty of Des Plaines ' i 4 Zoning Ordinance Attachment 3 Page 9 of 34 Message Boards incorporated into an approved sign shall be subject to the standards and regulations as set forth in Section 11.6. B. Electronic Message Board Standards. Monument or pole signs containing Electronic Message Boards shall be subject to the same standards as set forth in Sections 11.5-1 (Pole Signs) and 11.5-2 (Monument Signs) of the City of Des Plaines Zoning Ordinance. C. Permitted Types. The following types of Electronic Message Boards shall be allowed: a. Flashing Sign b. Illusionary movement sign D. Prohibited Types. The following types of Electronic Message Boards shall be prohibited: a. Animated sign E. Permitted Districts: Electronic Message Boards shall be permitted in the following districts under the following conditions: a. C-1 Neighborhood Shopping District as a Conditional Use only. b. C-2 Limited Office Commercial District as a Conditional Use only. c. C-3 General Commercial District as a permitted use. d. C-4 Regional Shopping District as a permitted use. e. C-5 Central Business District as a Conditional use only. f. M-1 Limited Manufacturing as a permitted use. g. M-2 General Manufacturing as a permitted use. h. M-3 Special Manufacturing as a permitted use. i. I-1 Institutional as a permitted use. j. R-1 Residential as a permitted use when on school property. (ord. Z-1-08) F. Variations: All Electronic Message Boards shall meet all requirements stated above and where Variations are requested, the following standards shall apply: a. Variations for overall height, setback and size of the monument or pylon signs, shall be subject to the same standards set forth in Section 11.7 (Variations) of the City of Des Plaines Zoning Ordinance, except that no governmental agency shall be limited to a maximum variation request for electronic message board portions of proposed signs when it is to be used for the conveyance of public information. All signs shall remain subject to all other applicable sign standards and regulations relating to the applicable sign type and district. (ord. Z-11-07) G. Qualified EMB Property Exception. (ord. Z-10-11) In lieu of any Electronic Message Board allowed under the other provisions of Section 11.5-7, one Electronic Message Board shall be allowed as a conditional sue pursuant to Section 3.4 (Conditional Uses) on any Qualified EMB Property subject to development standards for "Electronic Message Boards for Qualified EMB Property" as written in Section 11.6B.: a. Occupies a parcel of land of not less than 15 acres zoned C-2 or C-3 or contiguous parcels of land of not less than 15 acres zoned C-2 or C-3 with either vehicular cross -access easements or shared parking agreements that are recorded with the Cook County Recorder of Deeds; b. Is improved with multi -story, multi -tenanted office building(s) that have more than 400,000 sq. ft of rentable space; City of Des Plaines 115 Zoning Ordinance Attachment 3 Page 10 of 34 c. Has a combined frontage of at least 200 linear feet on I-90 or I-294. 11.6 Regulation by District Classification. A. Residential Districts, Including the MH -1 Mobile Home Park District. It shall be unlawful for any person to construct or maintain a sign in any residential district or the MH -1 Mobile Home Park District, except as follows. SIGN TYPE NUMBER, AREA, HEIGHT, AND OTHER LIMITATIONS Monument - identification 1 sign. The sign shall consist of no more than 65 square feet in area and a height of no more than 5 feet. Permitted for places of worship, multi -family residential buildings or complexes. Monument - entrance 1 sign. The sign shall consist of no more than 65 square feet in area and a height of no more than 5 feet. Permitted for single-family residential developments. Exempt See Section 11.3-7 B. Commercial, Manufacturing and Institutional Districts. It shall be unlawful for any person to construct or maintain a sign in any Commercial District, Manufacturing District, or the I-1 Institutional District, except as follows. For the purposes of providing sign uniformity, a property may incorporate both wall and monument signs or wall and pole signs; however, the use of monument signs in conjunction with pole signs is prohibited. Monument or pole signs containing Electronic Message Boards shall be subject to the same standards as set forth in Section 11.6B (Commercial Manufacturing and Institutional Districts), except that only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one Electronic Message Board will be permitted overall. (ord. Z-11-07) City of Des Plaines ' L6 Zoning Ordinance Attachment 3 Page 11 of 34 SIGN TYPE Electronic Message Boards (Z-27-11) Electronic Message Boards for Qualified EMB Property Cit. of Des Plaines NUMBER, AREA, HEIGHT, AND OTHER LIMITATIONS (2) Electronic Message Boards shall not exceed 30% of the total sign area, or 32 square feet, whichever is less. Only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one Electronic Message Board will be permitted overall. Location. The animated face of an Electronic Message Board sign shall be a minimum of two hundred and fifty (250) feet away from a residence in the R-1, R-2, and R-3 residential districts and shall be arranged to prevent direct glare onto any adjacent properties. a. Institutional District is exempt from this standard. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds. (Z-27-11) The changeable copy shall be specific to the business in which the sign was intended. No sounds will be permitted. Automatic Dimming. Electronic Message Board signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the sign during ambient low -light and night time (dusk to dawn) conditions. The signs shall not exceed five hundred (500) nits of intensity as measured at the sign surface during night time and low -light conditions and five thousand (5,000) nits during daytime hours. (Z-27-11) Digital Electronic Message Board Displays shall not exceed 500 square feet per side and shall not be more than 45 feet in height. Only one Electronic Message Board will be permitted per Qualified EMB Property. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. Tae copy may be clanged no more than once every 7.5 seconds or as established by federal or state guidelines for digital signage along an interstate, whichever is greater. The changeable copy sha'I be specific to the business or :17 Zoning Ordinance Attachment 3 Page 12 of 34 C;yof Attachment 3 ,8 Zonirg Ordnance Page 13 of 34 organizations residing in the Qualified EMB Property. For this purpose, a "tenant" is a person(s) or entity with a lease for a term of at least three years, actually occupies space and has fully functioning office of at least 500 square feet. The changeable commercial copy may be substituted at any time, without any approval of the City, with a noncommercial message. The purpose of this section is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial speech over any other noncommercial speech. This section prevails over any more specific provision to the contrary. No sounds will be permitted. Structure must be in compliance with the Illinois Department of Transportation regulations and if required a valid current IDOT permit must be presented with the application for city permits. Electronic Message Boards must be located between 1-90 or I-294 and the structures on the Qualified EMB Property. Electronic Message Board Displays must be screened from any residentially zoned property. (Z-10-11) Wall (' } 1 sign per building face when fronting on a public street or highway. The sign arca shall be computed at 3 square feet for each lineal front foot of building face, the total not to exceed 100 square feet all signs. Monument Lots having more than 75 feet of street frontage on a single street or highway Maximum number: 1 sign. Maximum sign area: 80 s.f. for monument signs Maximum height: 5 feet Lots having more than 120 feet of street frontage on a single street Maximum number: 1 sign. Maximum sign area: The area of a sign may be increased by 1 square foot for every 1 foot of street frontage over 120 feet, provided, the maximum sign area shall not exceed 100 s.f. Maximum height: 5 feet Lots having more than 300 feet of street , frontage on a single street or highway , j Maximum number: 2 signs. Maximum sign area: The area of a sign may be increased by 1 square foot for every 1 foot of street frontage over 300 feet provided, Cie maximum sign area does not exceed 120 square feet for any one sign or 200 square feet for both signs. Maximum height: A height allowance of i foot for every 3 additional feet of setback provided may be allowed Attachment 3 ,8 Zonirg Ordnance Page 13 of 34 City of Des Plaines '' 19 Zoning Ordinance Attachment 3 Page 14 of 34 provided; the maximum height does not exceed 10 feet. Where a lot fronts on Maximum number: 2 signs. two streets and the Maximum sign area: The arca of a sign may be increased frontage of the by 1 square foot for every 1 foot of street frontage over shortest side and one- 300 feet provided, the maximum sign area does not half of the longest side exceed 120 square feet for any one sign or 200 square exceeds 300 feet feet for both signs. Maximum height: A height allowance of 1 foot for every 3 additional feet of setback provided may be allowed provided; the maximum height does not exceed 10 feet. Lots of 5 acres or 3 signs. more and having 300 The maximum sign area shall not exceed 200 square feet feet of street frontage for any one sign or 350 square feet for all signs. on a single street or Maximum height: A height allowance of 1 square foot highway for every 3 additional feet of setback provided may be allowed provided, the maximum height does not exceed 10 feet. City of Des Plaines '' 19 Zoning Ordinance Attachment 3 Page 14 of 34 SIGN TYPE NUMBER, AREA, HEIGHT, AND OTHER LIMITATIONS (2) Pole Lots having more than 75 feet of street frontage on a single street or highway Maximum number: 1 sign. Maximum sign area: 75 s.f Maximum height: 20 feet Lots having more than 120 feet of street frontage on a single street Maximum number: 1 sign. Maximum sign area: The area of a sign may be increased by 1 square foot for every 1 foot of street frontage over 120 feet, provided, the maximum sign area shall not exceed 90 s.f. Maximum height: 20 feet Lots having more than 300 feet of street frontage on a single street or highway Maximum number: 2 signs Maximum sign area: The area of the sign may be increased by 1 foot for every 1 square foot of street frontage over 300 feet provided, the maximum sign arca does not exceed 110 square feet for any one sign or 200 square feet for both signs. Maximum height: A height allowance of 1 foot for every 3 additional feet of setback provided may be allowed provided, the maximum height does not exceed 28 feet. Minimum separation: 200 feet apart. Where a lot fronts on two streets and the frontage of the shortest side and one- half of the longest side exceeds 300 feet Maximum number: 2 signs Maximum sign area: The area of the sign may be increased by 1 square foot for every 1 square foot of street frontage over 300 feet provided, the maximum sign area does not exceed 110 square feet for any one sign or 200 square feet for both signs. Maximum height: A height allowance of 1 foot for every 3 additional feet of setback provided may be allowed provided, the maximum height does not exceed 28 feet. Minimum separation: 200 feet apart. Lots of 5 acres or more and having 300 feet of street frontage on a single street or highway Maximum number: 3 signs. Maximum sign area: The maximum sign area shall not exceed 200 square feet for any one sign or 550 square feet for all signs. Maximum height: A height allowance of 1 square foot for every 3 additional feet of setback provided may be allowed provided, the maximum height does not exceed 35 feet. Minimum separation: 200 feet apart. City of Des Plaines Attachment 3 20 Zoning Ordinance Page 15 of 34 City of Des Plaines Electronic Message Board Signs Cook County, Illinois Electronic Message Board Legend O < 20 sq ft. O 20 40 sq. ft. Q 40 - 55 sq. ft. 0 55-250 sq. ft. O > 250 sq. ft. Wage of Mount Prospect W+E VMa95 of Mount Prospect 26 13 visage of Mount Prospect 4 9 111 may.=� 11 ,.- r 471 ,rte i liftt 4e—, j1.1: 72 ' i ti a Unnco,poreted Cook County e 8 I 5 1� Map D Address Businla5 Size '95rc05189e Year 1 791 WR Road Mount Prospect Park DNtrlct 54 1994 2 353 N Doer Pd Goa Center 123 27 25 1999 3 17 W Golf Rd watgnen% 25.5 128 2000 4 21 Sand Rd Walgreen's 25.8 128 2000 5 1509.33 Ryer Rd quare Honda 29.8 127 2001 6 1062 use 5t Glasseppe's 33 N/A 2002 7 1378 Miner 5t Walgreen's 25.8 28 2003 8 676 9 Wolf Rd Wolf Shoppng Center 25 21 2003 9 855 Rand Rd Vacant NA 2004 10 10 5 River Pd DarrtanoY 33 14646 2004 11 877 Brrhurst Rd Subway 36 150 2004 12 771 W Algonqun Rd Fuller's Car Wash 22 126 2005 13 22-52 Northwest Hwy RIPON Senior Center 25 139 2005 14 1858 Oakton St Walgreen's 44.3 149 2005 15 875 Rand Rd Ace Auto 24 138 2007 16 1215 Pend Rd Boardwalk Car Wash 14.1 17 2007 17 100 9 Ryer Rd Resurrection 24 122 2007 18 379 Ryer Road Plaza Bank 16.3 127 2007 19 1755 S wolf Rd Mane West Nigh School 29.5 129 2008 20 2550 Denpster St WrveY's Garden Center 12.7 124 2008 21 Ryer Rd & Miner St CRy 01 Des Plaines 31.4 115 2008 22 1261 Algonquin Cancun Restaurant 6 110 2008 23 1101 E oakton 51 M00000Ids 13.4 117 2008 24 1950 5 Mt Prospect 54 U -Store 1t 19.6 124 2009 25 2077 Miner St Millennium Sank 14.7 130 2010 26 727 W Goa Rd Intematonal Fresco 20 I WA 2010 27 515 E. Thacker St Des Planes 90r11 051601 20 121.3 2011 28 771 W Algonquin Pd Fusers Car Wash 20 122 2011 39 3000 Ryer Road Rivers Casino 41.5 1100 2011 30 3000 Ryer Road Were Castro 544 124 2011 31 3000 Dyer Road elvers Casino 230 123 2011 33 3000 Ryer Road Rivers Casino 923 61 2011 33 3000 Ryer Road Wvers Castro 446 61 2011 34 3000 Ryer Road Myers Casino 751 1100 2011 35 17 W Golf Rd Walgreen's 14.3 123 2011 36 2711 Mannheim Rd Royal Touch Car Wash 32 136 2011 37 999 E Touhy Ave Siete 7 Office Widnes 488 2012 38 2380 5 Ryer Road Mobg 1100 5.5 2012 39 170 5 River Road Pesche's 17 35 143 2012 40 795 Golf Road Mobil 14.7 117 2013 41 _t 1177 Howard Avenue 6206 Sherpard Church 14.5 119 2013 Vr'neorporated Cook County e� 1.101 16 17 10 39 i 3 40351- ■ .1.060 9.0 a 12 C hit at IL.. 74 LYr • lir,uear�t/ 28 3 • & a At ("7200/1 4. ma... k 0.11 r , Ij iaod 1 .51 J 018 27 ++r 1 ER Grow Wage 1,1 U corp0r5tad Cook County r; 1 24= / .4 • 21.� J a 25 R � 20 Li $ 0000_i ,.d..+ 119 .r+r+ Legend City Boundary Recreation Area Road Railroad IL Lake or River I.; � consortium 0 1 S $ 5 ° 3 a --- � 1r� ej am+ 22 ik € w...r. IWE rr 23 maral 4 } e�. MI 5 I • 110111.1 14 • u ncorporated Cook County City of Park Ridge 0sfare Intemad41ta1 Arson 1,750 3,500 Csy of Chicago 7,000 Feet ee� �/ 29 City of Park Rego 32 Vase of Rosemont 34 5teto Plane NAD 03 Ilfncis East May 23. 2013 E09 EMBUsp Attachment 4 Page 16 of 34 J c aO 4 E of O m 4- O '-I w CO aA L Q c cu m u 2 a) Attachment 5 M 4-40 00 Cla 0.1) CU a Attachment 5 O dA Ta 4 ~ & O H W N tuba N }' eq = Ca u LU a Attachment 5 et M 4-1 O O N ae bit at Attachment 5 Attachment 5 I4T7T: i r' IV., rt M 4-a O M N IDA 03 a ttachmen Attachment 5 DES PLAINES PLAN COMMISSION May 28, 2013 MINUTES The Des Plaines Plan Commission held its regularly scheduled meeting on Tuesday, May 28, 2013 at 7.00 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. PLAN COMMISSION PRESENT: Bar, Nicmotka, Lane, Yi ABSENT: Perez Also present were Senior Planner, Scott Mangum, Department of Community and Economic Development. Chairman Niemotka called the meeting to order at 7:00 P.M. Commissioner Yi pointed out a correction to the page 10 of the minutes of May 13, 2013. A motion was made by Commissioner Lane and seconded by Commissioner Bar to approve the minutes of May 13, 2013 with the correction pointed out by Commissioner Yi. AYES: NAYES: Lane, Bar, Yi, Nicmotka None NEW BUSINESS Chairman Niemotka stated that Case Number 13 -012 -MAP, 1645 Birchwood Avenue, would be continued to the June 10, 2013 Plan Commission meeting. Chairman Niemotka read a summary of the case up for hearing. Case Number: 13 -016 -TA Address: Citywide Request: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Section 11 6.B regarding Electronic Message Board signage regulations Petitioner: Subway, Phil Mesi, 877 E'mhurst Road, Des Plaines, IL 60016 Chairman Niemotka swore in the following individual: Phil Mesi, 877 Elmhurst Road, Des Plaines, IL 60016 Attachment 6 Page 25 of 34 Case #13 -016 -TA — Citywide Case #13 -012 -MAP — 1645 Birchwood Ave (Continued to June 10, 2013) Page 2 Mr. Mesi stated that he has owned the business for 27 years and would like to replace the roughly 10 -year old Electronic Message Board sign with a 32 square foot Electronic Message Board sign as part of a planned remodel. He stated that the new LED technology is more energy efficient, and that the sign would help with increasing competition in the area. Commissioner Bar inquired whether the existing EMB sign has helped business. Mr. Mesi confirmed that it has. Commissioner Yi asked about the difference between the 32 square feet recommended by staff and the 36 square feet requested by the petitioner. Mr. Mesi clarified that he was amending his text amendment by withdrawing the request to increase the maximum size of the sign from 32 to 36 square feet. Chairman Niemotka asked Mr. Mangum to read the applicable staff report into record, as follows: Issue: Text Amendment to the City of Des Plaines 1998 Zoning Ordinance, as amended, amending Section 11.6 B regarding Electronic Message Board signage regulations. Analysis: Text Amendment Report Petitioner: Subway, Phil Mesi, 877 Elmhurst Road, Des Plaines, IL 60016 Address: Citywide Case Number: 13 -016 -TA Background Information In 2007 the City first introduced zoning regulations regarding Electronic Message Board (EMB) signs. In 2011 the City Council revised the limitations on EMB signage from no greater than 20 square feet and no more than 30% of overall sign area to no greater than 32 square feet, but did not make any changes to the proportionality rule (30%). Language was also added to limit the brightness of signs by requiring automatic dimming, increase the static display time from 7 5 seconds to 10 seconds, and seta minimum distance of 250 feet from residences in R-1, R-2, or R-3 Zoning Districts. Proposed Amendment The applicant, Phil Mesi of Subway, has proposed a new Text Amendment to increase both the maximum size and proportion of a sign that can incorporate an EMB. The proposed amendment would also decrease the minimum distance from a residence from 250 to 200 feet. While the applicant has proposed thc amendment in order to replace an existing EMB sign at their particular location on Elmhurst Road, the proposed changes to the Zoning Ordinance would apply citywide. Current Regulations and Proportionality Discussion Attachment 2 includes pertinent portions of the City's sign regulations regarding EMB signs and the pole and monument signs which they can be incorporated within. Important to note is the maximum size of a monument or pole sign is determined by the amount of street frontage and size of a property. In some cases the EMB proportionality limitation of 30% has provided an incentive for applicants to increase the overall size of the sign in order to meet the 30% proportion that can incorporate an EMB. For example, a lot with 150 -feet of Attachment 6 Page 26 of 34 Case #13 -016 -TA — Citywide Case #13 -012 -MAP —1645 Birchwood Ave (Continued to June 10, 2013) Page 3 frontage on one street would be allowed one pole sign with a maximum size of 90 square feet. Under current regulations the applicant would need to construct a 90 square foot sign (63 square feet of static area + 27 square feet EMB area) in order to incorporate the 30% maximum of EMB. If the proposed Text Amendment were allowed, a larger EMB could be incorporated into a smaller total sign. For example, a 64 square foot sign (32 square feet of static area + 32 square feet EMB area) would allow a larger EMB while reducing the overall sign area. Existing EMB Signs Attachment 3 is a map which indicates the location of existing EMB sign permits within the City. Most of the existing signs are located on commercial corridors and dispersed throughout the community. The size of EMB signs range from 6 square feet to 923 square feet at the Rivers Casino with a median size of 26 square feet. The EMB percentage also ranges from 7 to 100 percent of the sign with a median of 27 percent. Attachment 4 shows photos with examples of eight existing EMB signs, including dimensions and percentage of sign where available. To properly evaluate the text amendment request, thc standards below, which are contained in Section 3.7-5 of thc Zoning Ordinance, must be employed. Following is a discussion of those standards: A. Whether the proposed amendments are consistent with the goals, objectives and policies contained in the Comprehensive Plan: Comment: The City of Des Plaines Comprehensive Plan, adopted by the City Council in 2007, does not specifically address signage or EMB signage. The Economic Development section of the Plan does have objectives to retain and attract businesses, while the Urban Design section has the goal to enhance the appearance of key community entry points and traffic routes. B. Whether the proposed amendments are compatible with the current conditions and the overall character of existing developments in the immediate area: Comment: The Zoning Ordinance currently limits EMB signage to no larger than 32 square feet. The proposed amendment would allow for EMB signage up to 36 square feet and allow the percentage of the sign that may be an EMB to increase from 30% to 50%. Existing EMB signs range from 6 to 923 square feet, while the median size EMB sign is approximately 26 square feet, and the median percentage is approximately 27 percent. The amendment would also allow EMB signage 50 -feet closer to more sensitive residential neighborhoods where the signage may conflict with the existing character, but still provide a 200 -foot separation. C. Whether the amendments are appropriate considering the adequacy of public facilities and services available to the property: Comment: The proposed amendment to allow larger EMB signage should not have a direct affect on public facilities or services. D. Whether the proposed amendments will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The increased signage may help businesses by increasing the visibility of EMB signage and increasing the area that is available for messages. Although reduced from 250 -feet, the 200 -foot minimum distance from residences in residential districts, in addition to limitation on brightness and glare, should limit the potential adverse impacts. E. Whether the proposed amendments reflects responsible standards for development and growth: Attachment 6 Page 27 of 34 Case #13 -016 -TA — Citywide Case #13 -012 -MAP —1645 Birchwood Ave (Continued to June 10, 2013) Page 4 Comment: This zoning text amendment does not appear to conflict with the City's Comprehensive Plan, the official policy guide to future land use, development, and conservation with the community. Therefore, the proposed text amendment would not appear to be in conflict with responsible standards for development and growth. The increase in EMB sign area and proportion has the ability to alter the aesthetics of the community and should be weighed as a policy consideration. Recommendations: Based on the above analysis, the Community and Economic Development Department recommends approval of the requested text amendment regarding Electronic Message Board signage regulations regarding proportionality and distance from residential. By restricting the proportion of a sign to 30%, the current regulations incentivize increasing the total size of a pole or monument sign for owners to reach the maximum allowable EMB size. This acts to promote larger overall signs and increase sign pollution. Increasing the proportion to 50% would reduce this incentive for larger signs. The proposed 50 -foot reduction in separation from a residence still allows a 200 -foot buffer from the face of the sign. Additionally, the Zoning Ordinance limits the brightness and prevents direct glare onto adjacent properties. However, staff does not recommend increasing the maximum size of EMBs from 32 to 36 square feet. This regulation was significantly increased in 2011 from 20 to 32 square feet. The majority of EMB signs within the City fall below the existing 32 square foot limitation. A variation could still be requested and considered on a case by case basis where a hardship applies. Chairman Niemotka asked if the Commissioners had any questions. Commissioner Lane asked about the percentage of the sign that may be electronic. Mr. Mangum explained that some applicants had sought to increase the overall size of their signs in order to reduce the percentage that would be electronic. The amendment would allow for 50% of the sign to be electronic which could result in a smaller overall size of a sign. Chairman Niemotka asked if there was anyone in the audience that had any questions; there were none. Chairman Niemotka asked for a motion by the Board. A motion was made by Commissioner Bar seconded by Commissioner Yi to recommend approval of a Text Amendment to Section 11.6.B of the Zoning Ordinance, regarding Electronic Message Board signage regulations to increase the allowable percentage from 30 percent to 50 percent and to reduce the minimum separation from residential from 250 -feet to 200 -feet as recommended in the staff memo. AYES: NAYES: Perez, Yi, Lane, Niemotka None MOTION CARRIED **** Attachment 6 Page 28 of 34 Case #13 -016 -TA — Citywide Case #13 -012 -MAP —1645 Birchwood Ave (Continued to June 10, 2013) Page 5 The meeting was adjourned at 7:15 p.m. by unanimous voice vote. Sincerely, Robert Niemotka, Chairman Des Plaines Plan Commission cc: City Officials Aldermen Plan Commission Petitioner Attachment 6 Page 29 of 34 CM Of 1117‘14: 31./ DES PLAINES ILLINOIS May 28, 2013 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Subject: Plan Commission Case # 12 -072 -TA, Citywide RE: Request for Zoning Text Amendments to Electronic Message Board regulations Honorable Mayor and Members of the Des Plaines City Council. The Plan Commission met on May 28, 2013 to consider the above petition. The Plan Commission submits the following: 1. Phil Mesi, petitioner, presented the pertinent facts and amended the requested text amendment to only increase the maximum percentage of a sign that may be an Electronic Message Board and reduce the minimum distance to a residence, but not alter the current regulations about the maximum size of an Electronic Message Board. 2 The Department of Community and Economic Development recommended approval of the proposed text amendment to the Zoning Ordinance. 3. No member of the public spoke regarding the request. 4. The Plan Commission recommended (4-0) that the City Council approve the Text Amendments to the Zoning Ordinance as recommended by staff. Respectfully submitted, Robert Niemotka Des Plaines Plan Commission, Chairman cc: City Officials Aldermen Plan Commissioners Attachment 7 Page 30 of 34 CITY OF DES PLAINES ORDINANCE Z - 15 - 13 AN ORDINANCE AMENDING THE TEXT OF THE CITY ZONING ORDINANCE REGARDING RESTRICTIONS ON ELECTRONIC MESSAGE BOARDS IN COMMERCIAL, MANUFACTURING, AND INSTITUTIONAL DISTRICTS. WHEREAS, Section 11.6.B of the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning Ordinance"), regulates the construction and maintenance of signs within commercial, manufacturing, and institutional zoning districts within the City; and WHEREAS, Section 11.6.B of the Zoning Ordinance currently restricts the size of electronic message boards incorporated within pole signs or monument signs to 30 percent of a sign's total sign area, or 32 square feet, whichever is less ("Area Restriction"), and restricts the location of electronic message boards to a minimum distance of 250 feet from a residence located within any R-1, R-2, or R-3 residential zoning district within the City ("Location Restriction"); and WHEREAS, City staff has found that the Area Restriction encourages the construction of larger pole or monument signs to maximize the permitted size of electronic message boards, and that the Location Restriction is more restrictive than necessary to protect residences from the light emitted from electronic message boards; and WHEREAS, City staff has recommended amending Section 11.6.B of the Zoning Ordinance to increase the area of electronic message boards permitted by the Area Restriction from 30 percent to 50 percent of a sign's total area, and to reduce the Location Restriction of electronic message boards from a minimum distance of 250 feet to a minimum distance of 200 feet from a residence located within any R-1, R-2, or R-3 residential zoning districts (collectively, the "Amendments"); and WHEREAS, a public hearing by the Plan Commission to consider the Amendments was duly advertised in the Daily Herald on May 11, 2013, and held on May 28, 2013; and WHEREAS, the Plan Commission voted to recommend approval of the Amendments by a vote of four to zero, which recommendation the Plan Commission forwarded in writing to the City Council on May 28, 2013; and WHEREAS, the City Council has considered the factors set forth in Section 3.7-5, "Standards for Amendments," of the Zoning Code; and 1 Page 31 of 34 WHEREAS, the City Council has determined that it is in the best interest of the City to adopt the Amendments set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof. SECTION 2. FINDING OF COMPLIANCE. The City Council hereby finds that the provisions of Section 3.7, "Amendments of the Zoning Code," have been complied with. SECTION 3. AMENDMENT. Pursuant to and in accordance with Section 3.7 of the Zoning Code and the home rule powers of the City, Section 11.6.B, "Commercial, Manufacturing and Institutional Districts," of Article 11, "Signs," of the Zoning Ordinance shall be, and is hereby, amended and shall read as follows: "11.6 Regulation by District Classification * B. Commercial, Manufacturing and Institutional Districts. It shall be unlawful for any person to construct or maintain a sign in any Commercial District, Manufacturing District, or the I-1 Institutional District, except as follows. For the purposes of providing sign uniformity, a property may incorporate both wall and monument signs or wall and pole signs; however, the use of monument signs in conjunction with pole signs is prohibited. Monument or pole signs containing Electronic Message Boards shall be subject to the same standards as set forth in Section 11.6B (Commercial Manufacturing and Institutional Districts), except that only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one Electronic Message Board wi'l be permitted overall. SIG NUMBER, AREA, HEIGHT, TYPE AND OTHER LIMITATIONS (2) Electronic Messa Electronic Message Boards shall not exceed 30% S.D.% of the total sign 2 Page 32 of 34 Boards area, or 32 square feet, whichever is less. Only one electronic message board will be permitted per lot. In the event that a single business exists on multiple lots or in the case of a business park or retail center, only one Electronic Message Board will be permitted overall. Location. The animated face of an Electronic Message Board sign shall be a minimum of two hundred (2001 and fifty (250) feet away from a residence in the R-1, R-2, and R-3 residential districts and shall be arranged to prevent direct glare onto any adjacent properties. a. Institutional District is exempt from this standard. The changeable copy may not be animated, however graphics of stationary objects with no movement or animation shall be allowed. The copy may be changed no more than once every 10 seconds, The changeable copy shall be specific to the business in which the sign was intended. No sounds will be permitted. Automatic Dimming. Electronic Message Board signs shall be equipped with light sensing devices or a scheduled dimming timer which automatically dims the intensity of the light emitted by the sign during ambient low -light and nighttime (dusk to dawn) conditions. The signs shall not exceed five hundred (500) nits of intensity as measured at the sign surface during nighttime and low -light conditions and five thousand (5,000) nits during daytime hours. SECTION 4. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in ful! force and effect without affecting the validity of the remaining portions of the Ordinance. 3 Page 33 of 34 SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2013 APPROVED this day of , 2013 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2013 CITY CLERK Peter M. Friedman, General Counsel NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined. Legal\Legal Docs\Ord\Z\DP-Ordinance Amending Zoning Code Text Amendment Article 11.6 B Electronic Message Board Regulations #2342882722 4 Page 34 of 34 1. 3 DES PLAINES w.ns Commiteee of the Whole Item Mc City of Des Plaines Community Development Planning & Zoning Division 1420 Neer Street Das tines, IL 69016 Td: 847-391-5306 Fax 847.827-2196 MEMORANDUM Date: May 30, 2013 Michael G. Bartholomew, MCP, LEED A ,P, City Manager From: Scott Mangum, AICP, Senior Planner Sub ecc: Consideration of Variance Request, 725 W. Golf Road (Case #13-020-V) Issue: The petitioner is requesting a variation to Section 11.6.8 of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. Analysis: Address: 725 W. Go f Roar, Existing Zoning: C-4, Regional Shopping Commercial Petitioner: Fred Matthias, 3277 Oak Knoll Road, Carpentersville, IL 60110 Owner(s): Chicago Exhibitor Corporation, 20 N. Martingale Road, Schaumburg, IL 60173 PIN: 08-13-102-013-0000 In reviewing the variation requests, staff has considered the following information; The applicant is seeking a Sign Variation for wall signage at the existing McDonald's facility at 725 W. Golf Road. The approximately 35,259 square -foot (0.81 acre) property is located on the south side of Golf Road, approximately 650 feet east of the Elmhurst Road. The subject site has approximately 165 -feet of frontage on Golf Road. The 4,539 square foot one-story McDonald's Restaurant building has access from Golf Road as well as from the Marketplace Shopping Center. A drive-through lane wraps around the building with the drive-through entrance on the west side of the building and exit on the east side of the building. 45 parking spaces are currently located on the property. Page 1 of 24 A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing frontages per the Zoning Ordinance. New signage is requested as part of a planned facade renovation. The building currently has wall signs that display the name of the restaurant on the north and west elevations, in addition to smaller "Arch" style signs on the east and west elevations, and a pole sign to the east of the building. The applicant has proposed to remove all four existing wall signs and replace with two 14 square -foot "Arch" style signs, one on the north, and one on the west elevation. The sign on the north elevation is allowed by the Zoning Ordinance, while a major variation is requested to allow the sign on the non -street facing west elevation where no signs are allowed. Recommendation: At its May 28, 2013 meeting the Zoning Board of Appeals recommended (6-0) that the City Council approve the Major Sign Variation request for signage on a non -street facing facade (west). Staff recommends approval of the variation for signage on a non -street facing facade (west) based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The location currently has larger wall signs on both the north and the west elevations. The aggregate of the proposed wa!1 signage (28 square feet) is well below the E 00 square feet of maximum signage that would be allowed by code, and greatly reduced from the existing wall signage. The total number of wall signs would also be reduced from four to two. .nder Section 3.6-7.B.3 of the Zoning Ordinance (Major Variations) the City Council has the authority to approve, approve with modifications, or disapprove the requested Sign Variations. Staff requests that this item be placed on the Committee of the Whole agenda at the June 17, 2013 City Council meeting. Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Petitioner's Variance Application Location Map Site and Context Photos Draft Minutes of the May 28, 2013 Zoning Board of Appeals Hearing Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a variation to a:low one wall sign, rather than zero, on the west elevation. Exhibit A: Boundary and Topographic Survey prepared by Gentile and Associates, Inc , and dated February 12, 2013. Exhibit B: Site Sketch prepared by Lingle Design Group, Inc. and dated March 18, 2013. Exhibit C: Existing Images and proposed Elevations prepared by Imagina;e and submitted March ' 8, 2013. Page 2 of 24 DO NOT WRITE IN THIS AREA — FOR OFFICE USE ONLY CASE NUMBER. DATE FILED r\ PF OF \ rlO\: Minor El Standard ❑ Major Sign ❑ License Agreement License Agreement for: Laron Sprinkler ❑ Mailbox ❑ Special Paving 0 Fee Paid/Receipt Number. Amount: Date: Legal Notice PuNication Date: • published in the: Journal Topics Scheduled hearing date: at 7:30 P.M. in Room :02. City Hal Acton by Zoning Administrator/Zoning Board ofAppeals,'Cit) Council: A Variation to Section(s) of the City of Des Plaines Zoning Ordinance (adopted 1998), is requested in conformity with the powers vested in the Zoning Administrator'Zoning Board of Appeals/C'ty Council. to permit the Variation on the property legally described as: (See legal description on Plat of Survey supplied by applicant) and commonly known as1 . u{, (�GLF Des Plaines, Cook County, Illinois. (Subject property address) LJ Variation being requested: 1 r -i0 Applicant(s) Name:V-0512-r. MATi14 Il 9 Signature Telephone: t . 32 Mailing Address: 3211 kno (Lr oil VresTeVAT1uN T.IiladR,ras Fax:1151193G - �oq Z• 1 Property Owner(s) Name. C EI`I C,A S(I f i Telephone:011 Mailing Address: ignature , � C-€)rir�G Fax: - — 6 4- Z du)n1 ( v kJ 1v4- 6826 Is the Contact Person the: Applicant or Owner -3 Attachment 1 Page 3 of 24 Address of Property: 02 [A% Property Tax Number: OS _ t— _ ( C 2 (From tax bill or township assessor's o AAppp'icant's interest in the property: [� sole owner 0 lessee [[other (explain): ��PresentZoning Class ification of Property:/Y70 ;?Z 1 Current Use of Property: Proposed Use of Property: � C! 013 -0000 ffice) ❑ contract pu-cl'aser Des Plaines. IL. 600 Name's of -Trust Benefic'ary (ies)* Address (es) of Trust Beneficiary (:es)* * Af; applications involving property head by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: • A certified copy of the trust agreement. • A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any benefieary changes or lack thereof during the 12 months preceding the filing of this application. IF YOU ARE FILING A LICENSE AGREEMENT,, PLEASE PROCEED TO PAGE 8. -4- Attachment 1 Page 4 of 24 ,tEASONS FOR X'ARIATIO\ RE1 :Es' Before answering the following questions, read t':e Notice to Applicants below. Notice to Anulicants A Variation is a zor'ng adjustment, which permits changes of certain zoning requirements where it dividual properties are unduy burdened by the strict application of the zoning standards. The power to vary is-estricted and the degree of variation :s limited to the minimum change necessary to overcome hardship of the property. A Variation recognizes that the same zoning district requirements do not affect al; properties equally; the intention of it is to allow changes to properties w:ere the re is a hardship to enjoy equal opportunities with similarly zoned properties. You must prove 'n making your case that special ercumstances or unusual conditions affect your property. These must resu t in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a variat'on cannot be granted. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of our property prevents you from making any reasonable use of your land as permitted under the current zoning district. No variation may be granted which would adversely affect surrounding property or the general neighborhood. A:. 1, ariatio- s must be in harmony w'th the i^tent and purpose of the Zoning Ordinance. In order for the Zoning Administrator, staff and Zoning Board of Appeals to understand your reasons for requesting a variation(s) please ansner the following questions completely. 1. What mould } ou describe as the ham hip(s _at prevent you from being ab e to carry out the strict letter of the prov'sions of the Zoning Ordinance? (Explain in Detail) Kftniteur 7 /e A 171d . /Agues 1 410040 i 4 L C c f giemid /DSrir(ry * Visits try C n3w114m pRry/NGc/ wM �cF Po(enr;44 1'2 S/4opprn9 td'-zfil4t# alit , - 2. How do the site conditions prevent the reasonable use of your land under the terms of the Zonhg Ordinance? (Explain in Det&) 3 To the best of your knowledge, can you affirm that the physical condition of your property was not created by an action of anyone having property interests in the and after the Zoning Ordinance of ; 998 was adopted, or as the result of other governmental action, or was created by natural forces: YesX No [] ;f no. please explain in detail: -5- Attachment 1 Page 5 of 24 4. How %could the denial of the variation deprive you from rights enjoyed by other persons subject to the same provisions? (Explain in Detail) ' 4UL/s M tOuitrY P27) 72 J * l ke 5/1tfp!N6 CeterraZ- emLTk1 cer 4---672.4cr S 5. Is the requested variation the ininimum measure of relief necessary to alleviate the alleged hards:iip or difficu:t) prese7ted by the strict application of the Zoning Ordinance? (Explain in Deta'.) kr{- REmvi-9r MAN scan W'sp , tqn A'7 4/Ldr L / 770 6. N'll the granting of the variation be 'n 'tarmony w't'-! the neighborhood and the provisions of the Zoning Ordinance�from which it is being sought? ;Exp;ain in Detail) Y6.5 /F.5 '-tereby certify that all of :he above statements and those contained :n any papers or plans submitted herewith are true to the best of my knowledge and beef. Furthermore, I consent to the entry in or upon the premises described in the app 'cation. by any authorized official of the City of Des Plaines, for the purpose of posting, maintaining, and removing p;;b'ic hearing notices as may be required, as e' I as conducting site analysis. gke11714atiottda 11/173 (Signature of Applicant or Authorized Agent) (Signature of Owner) &A -f S+1-4IIH-1 o(- 0326-, AS 4- 7I+2- C H c 4A- -c eA tti a( 1oi -6- Attachment 1 (Date) 44./7 (Date) Fur (0 2 P CX --.417-61/1 Page 6 of 24 Attachment 2, Location Map - 725 W. Golf Road Prepared by CommJn'ty and Economic Development Department: SM, May 24, 2013 Attachment 2 Page 7 of 24 Attachment 3 Attachment 3 Page 8 of 24 DES PLAINES ZONING BOARD MEETING MAY 28, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, May 28, 2013 at 7:30 P.M., in Room i 02, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers. Szabo, Catalano, Porada, Hofherr, Schell ABSENT. Saletnik Also present was Scott Mangum, Senior Planner with the Department of Community and Economic Development. Chairman Seegers called the meeting to order at 7:30 P.M. Roll call was conducted. Chairman Seegers read the summary of the cases up for hearing. NEW BUSINESS Address: 725 W. Golf Road Case Number: 13-009-V 'Fe petit'oner :s requesting a vana'ion to Sec%or '. 6.B oft -e 998 City of Des P'aines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation PIN: 08-13-°02-0'3-0000 Petitioner: Fred Matthias, 3277 Oak Knoll Roac. Carpentersville, IL 60110 Owner(s): Chicago Exhibitor Corporation, 20 N. Martingale Road, Schaumburg, IL 60173 Chairman Seegers swore °n the pet:tioner, Fed Matth'as. Mr. Matthias presents the case. McDonald's is a lowed up to :00 square feet of wall signage on the front elevation, but are requesting an "Arch" sign on both the front and west elevation to allow for visibility for eastbound traffic and from the shopping center Chairman Seegers confirmed that the wa'1 signage would consist of just the logo and only be located or, two elevators. Attachment 4 Page 9 of 24 Board Member Porada confirmed that the signs would be backlit. Mr. Matthias stated that the signs would be backlit by means of LED. Chairman Seegers asked Mr. Mangum to summarize the staff report. Issue: The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. Analysis: Address: 725 W. Golf Road Existing Zoning: C-3, General Commercial Petitioner: Fred Matthias, 3277 Oak Knoll Road, Carpentersvillc, IL 60110 Owner(s): Chicago Exhibitor Corporation, 20 N. Martingale Road, Schaumourg, IL 60173 PIN: 08-13-' 02-013-0000 In reviewing the variation requests, staff has considered the following information: The applicant is seeking a Sign Variation for wall signage at the existing McDonald's facility at 725 W Golf Road The approximately 35,259 sgaare-foot (0.81 acre) property is located on the south side of Go:f Road, approximately 650 feet east of the Elmhurst Road. The subject site has approximately I 65 -feet of frontage on Golf Road. The 4,539 square foot one-story McDonald's Restaurant building has access from Golf Road as well as from the Marketplace Shopping Center. A drive-through lane wraps around the building with the drive-through entrance on the west side of the building and exit on the east side of the building. 45 parking spaces are currently located on the property. A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing frontages per the Zoning Ordinance. New signage is requested as part of a planned facade renovation. The building currently has wall signs that display the name of the restaurant on the north and west elevations, in addition to smaller "Arch" style signs on the east and west elevations, and a pole sign to the east of the building. The applicant has proposed to remove all four existing wall signs and replace with two 14 square -foot "Arch" style signs, one on the north, and one on the west elevation. The sign on the north elevation is allowed by the Zoning Ordinance, while a major variation Ts requested to al'ow the sign on the non -street facing west elevation where no signs are allowed. Recommendation: Staff recommends approval of the variation for signage on a non -street facing facade (west) based on review of the information presented by the applicant and t"e standards and conditions imposed by Section 3.6-8 ,Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The location currently has larger wall signs on both the north and the west elevations. The aggregate of the proposed wall signage (28 square feet) is well below the 100 square feet of maximum signage that would be allowed by code, and greatly reduced from the existing wall signage. The total number of wall signs would also be reduced from fou to two Chairman Seegers asks if any of the board members or anyone from the audience had c uestions. There were none Chairman Seegers asked for a °notion from the board. Attachment 4 Page 10 of 24 A motion was made by Board Member Szabo seconded by Board Member Catalano to recommend approval of a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. AYES: Szabo, Catalano, Hofherr, Porada, Seegers, Schell NAYES: None ***MOTION CARRIED**** Chairman Seegers read the next case on the agenda. Address: 88 Broadway Street Case Number: 13 -009 -CU The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. PINs: 09-18-201-025-0000, 09-18-201-026-0000, 09-18-201-027-0000 Petitioner: Share Care Daycare, 8809 W. Golf Road, Apt. 2G, Niles, IL 60714 Owner: Robert and Janet Alsteen, 10249 Quail Covey Road, Boynton Beach, FL 33436 Chairman Seegers swore in Rajaie Abu-Hashim, representative for the petitioner. Mr. Abu-Hashim presented his case. The Child Care facility would provide services for infants and pre-school as well as after school care for children aged 6-12. Up to 50 children could be accommodates with initial staffing levels limited to three staff plus a book keeper. Hours would be from 7:00 a.m. to 6:00 p.m. Chairman Seegers confirmed that the petitioner would utilize the entire building and that renovations were planned for the interior and exterior. Board Member Hofherr asked if the applicant was aware of State regulations for the number of employees. Mr. Abu-Hashim stated that they were in contact with the State and would provide the appropriate staffing ratio per the State regulations. Chairman Seegers asked the board members for any questions. Chairman Seegers asked Mr. Mangum to summarize the staff report. Attachment 4 Page 11 of 24 Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Analysis: Proposed Use Petitioner Owner PINs Plan of Operation Existing Use Surrounding Land Use Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan Child Care Center Share Care Daycare, 8809 W. Golf Road, Apt. 2G, Niles, IL 60714 Robert and Janet Alsteen, 10249 Quail Covey Road, Boynton Beach, FL 33436 09-18-201-025-0000, 09-18-201-026-0000, 09-18-201-027-0000 Share Care Day Care will offer day care services for infants through preschool as well as after school care for ages 6 through 12 in a 4,500 square foot facility with a capacity for 50 children. Share Care will employ a staff of three full-time staff to start and one part- time bookkeeper and will be open from 7 A.M. to 6 P.M Monday through Friday. Vacant Office building North: Residential East: Commercial South: Commercial West: Commercia. C-3, General Commercial North: R-1, Single Family Residential East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Broadway Street is a local street. Golf and Wolf Roads are arterial streets according to the City's Comprehensive Plan. The Comprehensive Plan recommends Low Density Mixed -Use for the site. Share Care Day Care has requested a Conditional Use Permit to occupy a 4,500 square -foot commercial building within the C-3 Zoning District. The approximately 11,650 square -foot triangularly shaped lot has of I63 -feet of frontage on both Broadway Street and Golf Road. The proposed plan of operation would allow a maximum of 50 children and 7 employees. Three classroom areas totaling 1,875 square feet are proposed, in addition to a preparation arca, restrooms, and administrative offices. Based on the parking requirements in the Zoning Ordinance of 1 space per 15 children and one space per employee, 11 parking spaces are required, where 12 spaces are provided on site. An enclosed outdoor play area, totaling 1,200 square feet, is proposed along the west property line. The applicant proposes to demolish the existing approximately 1,000 square -foot office building at 84 Broadway Street in order to add on-site parking and create two-way drive access the south parking area. The three parking spaces accessed off of Golf Road in the northern parking lot would be used by staff, while parents would use the south parking lot to park and drop-off children. Attachment 4 Page 12 of 24 The traffic impact study concluded that "adequate parking is provided on the proposed site plan for the facility. Projected site generated traffic during the peak hours on the adjacent streets is fairly low and since most of the site generated traffic will be accessing the site via Broadway Street there will be adequate gaps for vehicles entering and exiting the site to safely make their movements. We do not anticipate any significant impact on the existing traffic flow along Golf Road, Wolf Road or State Street by the proposed facility." The City's Engineering Division has reviewed the traffic study and found it to be adequate. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Child Care Centers are a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Child Care Center use generally complies with the 2007 Comprehensive Plan, which recommends Low Density Mixed -Use for this site. A Child Care Center is a Conditional Use in the C-3 Zoning District. Additionally, the location is near bus and rail mass transit which can provide a convenience for commuters. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Child Care Center would be located within an existing structure. No significant exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the child care center are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Child Care Center is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according the traffic study provided. Attachment 4 Page 13 of 24 H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing curb cuts on Golf Road and Broadway Street. The traffic study did not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or camage of ary natural, scenic or historic features o' major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The following regulations are specific to Chi"d Care Centers: 8.7 Child Care Centers. 8.7-: Child care centers shall in no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located. There are no frontage or minimum lot s'ze requirements in the C-3 Zoning District 8 7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards. The existing building and proposed play equipment shall comply with the C-3 setbacks. 8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement. The three proposed classroom spaces, 1,875 square feet, provide for more than 35 square feet per child. 8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that cold be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements o: -Title 6, Chapter 7 of the City Code. Up to twenty-five percent of this requirement may be waived by the Zoning Board of Appeals upon a finding that: A. A park or similar permanent open space, suitable for supervised outdoor p'ay, is located within 5(0 feet of the proposed facility; B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre (43,560 square feet) or larger; and C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed day care/child care facility location without crossing any street. The fenced outdoor playground is 1,200 square feet, which would allow for 16 children to be outdoors at one time. A total of up to 50 children are proposed In the existing and proposed facility A condition of approval limits the number of children that can be in the outdoor play area at any one time to not more than one child per 75 square feet. 8 7-5 Hours of normal operation shall be limited to 6:00 A M to 7:00 P.M. Attachment 4 Page 14 of 24 Proposed hours of operation are 7:00 A.M. to 6:00 P.M. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Child Care Center, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of the Conditional Use Permit, a revised site plan shall be submitted depicting shrubs within an area with a 5 -foot minimum depth to separate the south parking lot from the sidewalk to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. The maximum height of the vegetation should be 2 -feet above the driveway/sidewalk height. 2. Prior to occupancy, the bush at the southeast corner of the building should be cut to a maximum height of 2 -feet above the driveway/sidewalk height to preserve the sight line between the driveway and the sidewalk. 3. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. Chairman Seegers asked if anyone from the audience had any questions. Board Member Szabo inquired about signage. Mr. Abu-Hashim stated that there would be an exterior monument sign in addition to signage in the parking lot to designate parking spaces for pick-up and drop-off. Chairman Seegers asked for any questions from commissioners or audience. There were none. Chairman Seegers asked for a motion from the board. A motion was made by Board Member Szabo seconded by Board Member Hofherr to recommend approval for a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District, subject to the conditions in the staff memo. AYES: Szabo, Hofherr, Catalano, Porada, Seegers, Schell NAYES: None ***MOTION CARRIED**** The meeting was adjourned at 7:50 p.m. by unanimous voice vote. Sincerely, Arnie Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioner Attachment 4 Page 15 of 24 CITY OF tit W DES PLAINES ILUNOIS May 28, 2013 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 725 W. Golf Road, Case # 13-020-V RE: Request to authorize major variation for a wall sign Honorable Mayor and Members of the Des Plaines City Council: City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, JL 60016 Tel: 847-391-5306 Fax: 847-827-2196 The Zoning Board ovAppeals met on May 28, 20:3 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mr. Fred Matthias, representative for the petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of a sign variation for one wall sign on the west elevation. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (6-0) that the City Council approve the sign variation 'or a wall sign on the west elevation. Respectfully submitted, Amie Seegers Des Plaines Zoning Board of Appea! s, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Sec-etary Fi!e Attachment 5 Page 16 of 24 CITY OF DES PLAINES ORDINANCE Z - 16 - 13 AN ORDINANCE APPROVING A MAJOR VARIATION FROM SECTION 11.6.B OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT ONE WALL SIGN ON THE WEST ELEVATION AT 725 W. GOLF ROAD, DES PLAINES, ILLINOIS. (CASE #13-020-V). WHEREAS, an application was made by Fred Matthias, ("Petitioner") to the City of Des Plaines Department of Community and Economic Development for a major variation from Section 11.6.B of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"), at the property commonly known as 725 W. Golf Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject property is owned by Chicago Exhibitor Corporation ("Owner"), who has consented to the Petitioner's application; and WHEREAS, the Subject Property is located in the C-4, Regional Shopping District, in which no wall signs are allowed on a non -street facing elevation; and WHEREAS, the Petitioner applied for a major variation from Section 11.6.B of the Zoning Ordinance to permit one wall sign, instead of none, on the west elevation on the Subject Property ("Major Variation'9; and WHEREAS, the Petitioner's application was referred by the Department of Community and Economic Development, within 15 days of receipt thereof, to the Zoning Board of Appeals of the City of Des Plaines ("Zoning Board"); and WHEREAS, within 90 days from the date of Petitioner's application, a public hearing was held by the Zoning Board on May 28, 2013, pursuant to publication of notice in the Daily Herald on May 11, 2013; and WHEREAS, notice of the public hearing also was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board heard competent testimony and received evidence with respect to the Petitioner's application for the Major Variation. On May 28, 2013, the Zoning Board filed a written report with the City Council summarizing the testimony received by the Zoning Board and stating the Zoning Board's recommendation, by a vote of 6-0, to approve the Major Variation; and WHEREAS, the Petitioner made certain representations to the Zoning Board with respect to the requested Major Variation, which representations are hereby found by the City 1 Page 17 of 24 Council to be material and upon which the City Council relies in granting the Major Variation subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the Zoning Board, the applicable standards set forth in the Zoning Ordinance, and the Staff Memorandum dated May 30, 2013, including its exhibits, which form part of the basis for this Ordinance; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its hone rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting part of the factual basis for this Ordinance granting the Major Variation. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: THAT PART OF LOT 19 IN OWNER'S SUBDIVISION OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF GOLF ROAD (AS WIDENED PER DOCUMENT 10550566, RECORDED DECEMBER 10, 1929) WITH THE WEST LINE OF THE EAST 427.88 FEET (MEASURED PERPENDICULARLY) OF SAID LOT 19; THENCE WESTERLY 165.063 FEET ALONG SAID SOUTH LINE OF GOLF ROAD TO THE WEST LINE OF THE EAST 592.88 FEET (MEASURED PERPENDICULARLY) OF SAID LOT 19; THENCE SOUTHERLY 192.00 FEET ALONG SAID WEST LINE; THENCE EAST I86.00 FEET PERPENDICULARLY TO SAID WEST LINE TO THE WEST LINE OF THE EAST 406.88 FEET OF LOT 19; THENCE NORTHERLY 152.47 FEET ALONG SAID WEST LINE OF THE EAST 406.88 FEET OF LOT 19; THENCE WEST PERPENDICULARLY TO SAID WEST LINE 21.00 FEET TO THE WEST LINE OF THE EAST 427.88 FEET AFORESAID; THENCE NORTH ALONG THE LAST DESCRIBED WEST LINE A DISTANCE OF 44.10 FEET TO THE PLACE OF BEGINNING IN THE HEREIN DESCRIBED PARCEL OF PROPERTY, ALL IN COOK COUNTY, ILLINOIS. PIN: 08-13-102-013-0000 Commonly known as 725 W. Golf Road, Des Plaines, Illinois. 2 Page 18 of 24 SECTION 3. MAJOR VARIATION. The City Council has reviewed the following: the written reports of the Zoning Board; the applicable standards set forth in the Zoning Ordinance; the representations to the Zoning Board by the Petitioner; the Boundary and Topographic Survey prepared by Gentile and Associates, Inc., dated February 12, 2013, a copy of which is attached hereto and made a part hereof as Exhibit A; the Site Sketch prepared by Lingle Design Group, Inc., dated March 18, 2013, a copy of which is attached hereto and made a part hereof as Exhibit B; and the existing images and proposed elevations prepared by Imaginate, submitted on March 18, 2013, a copy of which is attached hereto and made a part hereof as Exhibit C. The City Council hereby finds that the Major Variation satisfies the standards and conditions set forth in Section 3.6-8 of the Zoning Ordinance. Accordingly, the City Council authorizes a Major Variation to Section 11.6.B of the Zoning Ordinance to permit one wall sign, instead of none, on the west elevation on the Subject Property in the C-4, Regional Shopping District, in accordance with the Boundary and Topographic Survey, Site Sketch, and proposed elevations attached hereto. SECTION 4. EFFECT. This Ordinance authorizes the use and development of the Subject Property in accordance with the terms and conditions of this Ordinance and shall prevail against other ordinances of the City to the extent that any might conflict. The terms and conditions of this Ordinance shall be binding upon Petitioner, its grantees, assigns and successors in interest to the Subject Property, including grantees and assigns of Petitioner. SECTION 5. LIMITATIONS. The Major Variation shall be valid for not more than 12 months prior to the issuance of a building permit and the commencement of construction in accordance with terms and conditions of this Ordinance. The Zoning Administrator may extend 3 Page 19 of 24 the Major Variation if the Petitioner requests an extension in accordance with Section 3.6-12 of the Zoning Ordinance. SECTION 6: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law; provided, however, that this Ordinance shall not take effect unless and until a true and correct copy of this Ordinance is executed by the Owner of the Subject Property or such other party in interest consenting to and agreeing to be bound by the terms and conditions contained within this Ordinance. Such execution shall take place within sixty (60) days after the passage and approval of this Ordinance or within such extension of time as may be granted by the Corporate Authorities by motion and delivered directly to the City Clerk. SECTION 7. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 4 Page 20 of 24 PASSED this day of , 2013 APPROVED this day of , 2013 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2013 CITY CLERK Peter M. Friedman, General Counsel 1, , being the owner or other party in interest of the property, legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the subject property in accordance with the terms of this Ordinance. Dated: By its authorized representative (Signature) Legal\Ord\Z\DP-Ordinance Granting a Major Variation 11.6 B Wall Sign 725 W Gol Road #23431065_v2 5 Page 21 of 24 A LEGAL OESCWPi14 GRAPHIC SCALE 16 a n {118 ?QT) 1 Inch . E0 K MAT PAR1 OF 10T 49 YN ONMER'5 14S4900 O SECN N 13. 400954® 41 73019, RANGE ,1 EAS' OF 101E 14600 PANG/PAL 6[.01044 7757679ED A5 FI UAMS 141701.7 AT TME PONT OF 0 1065ECTON OF DE SOUTH ONE OF 1.01F ROAD (AS WOOED PER DOC MEN• 640566. RECORDED DEMM ER 6C. 1920 MM THE VEST UAE OR THE EASE 02759 FEET (MEASURED PERPc 0RRA*7 r) OF ENO LOT •4. THENCE 975 0RLT 165 003 FEET ALONG 5440 SOUTH INE Of 7141 6040 '0 THE ESM UE Of THE EAST 59708 FEET (4EASAYD PUPCNOCAJ.R_T) Of 5A0 LOT '9 MORE SOUGNOEY 2.00 44.1140 5NO NE5T UNE: 11477. EAST '6200 FEET QT LY TO 5180 VEST WE TO THE TEST LAE 0: THE EAST Ea 60 FEET OF LOT 9 THENCE EASY 152 47 FEET ALONG SAID VEST UNE OF THE EAST 406.56 FEET .r LOT 14 1AENUE EST PERP0.000LARLY TO SAID VEST .NE OT.CC FEET '0 HE EST JAE O 1.E EAST 427.08 FEET AFO6EEAD: T.ENCE 1404T. ALONG THE UST OES088E0 *5T UE A DISTANCE OF 44.3 FEET TO THE =LACE OF 8ECtNtt1O N THE WREN 7517m11 PARCEL OF PROPERTY. ALL n 0701 007FE, LIMOS CORK`f4G 32250.2536 60 ft. 06094 oa., NAiE35 AAD EGRESS EASEMENT 1401-7 4 4053 72 7E PE►P-NK EASEMENT A3 0RTENART 12 ANO FOR THE BENEFIT OF FARCE_ 1 AS CREATED 6T IAMMA)*OUM OF LEASE FROM AAIMCAM MADONK OANt 4440 TRUST COWART a 060A40 AS SItSTEE 118370 50:50 A7REEUE4T DATED OCT060 5. 1959 1)q tNON. A5 TRUST MA471 14634 TO NC DONAL03 COW ORATION. A CMPORAIIM OF OELA4IARE. GATED OCTOBER 25. (965 AND ALCOR= ALEV8E9 27. 1985 45 00029ENT N0. 05700775 FOR NCRESS AND (*755. 0170. MOI1 AND ACROSS 11)77 FOLL011156 DIESCANSED PROPERTY: 1947 PART of LOT 19 n Ow4LR5 14 99018 Of 0001101 '3. "01019 0. n 1330117. RANCE 44 CAS' CF 71E MAD PRNCPK MEIMAN 0E5CRl310 AS F^..L0114 R.54.n4 AT THE PONT 0' NVISEC110. OF DE 500, LIE Cr COD ACRD 145 AMOCO PEA GOO HENT 10550569. 11EC04 ON CEPA 10. 1925. NTH PE WEST TIE O TnE EAS' 427.06 RET (44449JPED PET6099J.ARLY) 1>< 549 .04 19; DENTE 500114 AL340 5AC EST INC 44.10 FEET. TMENCL EAST PARALLEL 9515 T11E SO1101 LTE OF MAY ROAD KORE"5AC A OSTANCE OF 71.00 FEES 43 DE PONT O 111"ERSE000N. To144 IME EST NE Cr 'NE EAST 406.00 FEET (45 IEAS'RED 7CF79O03 .971) OF LOT 19 A:MESAS. NOSE 57401 KONG SAO E5' LTC A INSTANCE CF 152.477 FEET TIENCE EST KONG A JE P091216069 -AR TO SAID MT JAE '00.37 FEET TO T.E PONT G ,811075001 NTH DEE TEST 11,E M THE E45t .59206 FEET (A5 MEA3RG PERPO0040144) OF LOT 10 400472ND. TREACE NCRT EASY 197.00 TEE' ALONG 54 1 EST INE 10 A POUT' CR THE 50019 LIE OF GOF 4070 KORMAO 110015 FEST KUNG SAC SOUTH 114E A 06"ANCE W 1747-50 FEET; DENTE 345301 45.07 FEET KONG A LYE P4444,4 O. YM DE EAST LEE OF .0T 49 AFOESAC; DUNCE EAST 1-0.49 FEET KONG A INE PARALLEL 0114 DE SOWN LNE OF 675 MAO AFMi1AD TO 11.E PON- OF 1TEPSEC1174 0119 THE EST UNE OF 444 EAST' 61223 f7F7 (45 WrASUR S) PERPE.^CM'.OARt7) a LOT 19 AFO1ES..F; 1440:7 S0Ifl7 LY *37440 5460 VEST LME A DESIREE 6 110.45 FEEL. THENCE EAST ALONG A LME PEq•0A5CVLye 10 SAO REV 532 A 0514180E 6 74100 /TL' TO '•C PON- DF NIERSECDCa MTh DE EST UNE Of 101E EAST 50763 FEET (AS MEASURED PEAPp07.Jlln OF LOT 19 WRFSA5 MACE NOATHEROT KONG 5507 VEST LOT 20066 FELT: 144010E EST 25.50 FEET ALONG A LRE P41A140 40114 ME 100114 .54E Of UT 19 4'01E5407 114DIOE 10019 PAi411EL 9114 114E (ASF 1940 O7 LET 19 A 057ANCE R CO21FEET TO A PORT 7 THE SOU114 LYNN OF GOLF ROAD KCi.35A26 THENCE EST KONG 5'410 SOUw WE '0 T•4 HEREN 460.E 0E901A1E0 PLACE Cf 4"023604:. All M COOK COL/NM 0,19101" 0 STORM SERER 0 SAIOTARY SEER (i'• GA404 BASIN R9d 71.65084 Tr SE 6Y.6S521 442 CATCH BA -9/4 Rat ELM0639 12' SE 189.633.89 12' Mr949.653.0* 13' 5E 949.65.160 © CAT04 BASSI 4601 01.650.61 12' NE 149.65206 O 04104 USN RN EL.06444 12' N11850.653.13 12• 5E 615.653.43 al CATCH DASH 0,4 71.0147.4) Y MR 945.65201 15047185.653.2, 12' R 0V.952.92 CA704 BA594 0,5 ¢.65049 Y SR 041.61104 Q 5A6TARY 0144040.E p1) 72.183.25 0' S'1) 00.65140 6' 5 1(9.65237 6' E 60105810 • SANITARY 544640,E 185 EL.602 T'0 E 5 045963830 E P6: 4441.49639 © SANITAY MAW= ROI 11.659.86 6' 16450.650 05 e' 5 181.65600 6' 6E 185965670 4 GREASE TRAP 004 71465976 F' r 610.65693 ' N 6Y.r•r, WILL EXCEPT A5 SPEOFI:ALLY STATED M 590618 OR I A5 PUT 'MIS WAVE! 00E5 NOT PURPORT TO REFLECT or of 711E 40LL0RNe 0700 MATE APPV041E ro THE SUB;C' REAL 755377: 4504(915 OTHER Duo *55091 EASEMENTS 61691 WERE MEAL A' 110E 767E 0f MUTING CF 1405 ROME SARONG SETBACK .NES R(S1RKT4£ COVENANTS; 9d1F1H904 RESTRICTIONS. 20ANS DA ODER LA/40-4U REGULATIONS. AAD ANY OTHER 44:13 *POI AN ACCURATE AMD 034058" TILE SEARCH 407 DISCLOSE Iffy UMK.lMLOAD +2R:TE5 91001. ARE PER 1407061E CONDI AND 14011:905 TOM N KLD. 401S1RUC1104. REF46544 50' 006Y AU. 1644110745 PRIM TO ANY D UE TO KAY 94094 COVERAGE CERTAIN 966100415 MAT MDT EC 9N094. IRMI6A 814 7lot( (DES PIAINES 0040653118 6 6) 1499104T SR N CONCRETE AT 5011/19757 COMM OT GOLF RNID AND MAE9)ALL DRIVE. U7G1ED P AVEMENT OF GOLF ROAD AMD 15 TELT EST R 101E EDGE Of PAVEMENT OF MARSHALL 96w. 1101. 66146 9TE @201184tH 50929 OJT N CP OF CONCRETE 1.04T BAR EAR 50530743, 01540R O SURVEY ELFV . 66163 12 PELT SCUM OF THE MIX a EATEM0IT 4404 PUBMC UTUISS, ALONG 114E 5351 1E OF 11E LAID CANNOT BE PLOTTED EIACT LOCADOV AM 6010190185 NOT 5'4770 9445010/7 GRANTED TO 02010/111EAL1M EDISON PER DOC. 01O '02452' CANNOT EC ROTTED BASE scut 1 9404 - 20 rE'T D6TAN65 AR[ MARCO N FEET MO tempt POTS minor GDOEB 87 WATERMARK ENTW EERING TEN+J6CEE ---- OEC1E0 0T RAF SUNUEY[D 01 SHR COMPARE ALL POR417 BEFORE B1AtB60 0' 541E AMD AT ONCE WORT ANY OfFEAEME 401 SAA01MG UM u0 ODEA 0551IOC1045 NOT 94040 410E01 REFER TO TGR 4225TRACT DM CONTRACT 440 200010 ORDNANCE ODEA NG. 00-17774-13 Ud)040 RD'S (DES PLANES LC / 12-0190) dab 43 LEGEND 1 r� 1g= !L��1 DEER . 116.49' BOUNDARY AND TOPOGRAPHIC SURVEY G O SOUTH UNE OF GOLF ROAD PER DOCUMENT NUMBER 10550566 J� • 136.50' INGRESS ANO EGRESS EASEMENT VEST UNE OF TMC EAST 59288 FEET (A5 MEASJRED 07RPDOCU7AR) OF LOT 19•\ BY GENTILE AND ASSOCIATES, INC. PROFESS.ONAL LAND SURVEYORS 4.• 0 G GOLF ROAD ( L .4.187 18015 ROUTE 58) 4...,9 r - 4..16 _. - DEED- .165.063' 4.014417 8 !Li!,i!, F' OAS CAT04 BASIN 4011-663.52 Y SE 189.257.13 1940433 8' GAS MAIN PER N 0R GAS RECORDS 0 G G G 550 E 51 CHARLES PLACE L OMBARD, ILLINOIS 60148 PHONE . (630) 916-6262 =Ax (630) 916-6264 N24-01004194461. ' 947E E77'w y r IY oma,.• F6T'j.sA.- -aEAs.165:O6-- «734 uit;t as, (P.0 C)/(P.O.B) ▪ MX.-) Is'JAIL s 04004 COMFErt © " MUT DEED A: 4IEAS. . 44.10' GEED 94 HEIS - J 21.00 's COT R 4;41811 ♦ *A r d9ie- +1 ,+ '*\ 1 1 3L, S' LUES' LITE OF THE EAST 612.88 FEET i ;A5 MEASURED PERPENDICULAR) OF LOT 19 GOWN POLE 1011 POLE CM Y SO BAR UOMT POE ON 2' OAU BASE -.- 504 POST 11,4 1RAR5C RD1 O naIPP 6 SFAPCE MAUL" OA CMAU TRAP A RAR71 YKVE VAULT 0 CAL095IO44 5134/SNa101 9A/NO0 0 0iN COM/ DRAINAGE STRUCTURE ® GAS SERVICE 9407047 VALVE 1 225' • 665' ENTER/EXIT 904 • 6' BOLLARD cam PAO 941)4 TRANSFORM L DEE wog 116964 DOA. 42E 04004040 VERS (/ Of461ES) STOUT SLIM 501414RY SEER 1FDOE0OAD DICDec G GAS KAR4 Nal 00181 4/41.6 - 0001.00 EI1YADOM PAVEMENT ELEVATION F6451m FLOOR ELEVATION (POCWO0) PONT 19 OP6gKEWFT PORT R 7701100 31 '4 ON ,4 da Y o jj d4• 9 8 47 • d�d 639_ s DEED 94 MEAS. 186.00' 494 3 si `da ,044 r� 1 dd1 d d104. 4 to dfi da ,SEED . 245.00' a 41 INGRESS ANO EGRESS EASEMENT MATH LINE or THE SOUTH 2680 FEET OF LOT 19 AVT ICE AND 9101 1163 IAEA 43 _t� d4 424 5re STOW RN ELLVM. 15927 ,i 011940.65212 24' S 941.6809 INV CRAM TO SCALE 942.9.0 BE 376E 61II1I491 5009(457 ALONG INC CO lY SEER COERCED1 SNOWY LN RA4 CLV.050.8* 6" M 619.657 (MOT SRAM TO SCALE. 4 07170 CD S01M AICNE 6'' 54 .5 ( SEVC 2 27 7 {1_TI ✓' T COIR CATER BASH SE. 8.4.67.120 40') 550018 5(5QE MANHOLE 25.66.041 �)0' M 189.017.50 R 1444.05214 *49.65215 - REC 427 88' i 334.2050 YY ICE AND %101 THIS AREA %E5T UNE OF THE EAST 406.88 FEET (A5 MEASURED PERPECICULAR) OF LOT 19 - GRE55 AND EGRESS EASEMEN STATE OF ILLINOIS 5 S COUNTY OF DNPAGE 117. CENTRE AND ASSOCIATES. 64C HEREBY CERTIFY THAT A SURVEY MAS BEEN ELIDE AT ANO (301070 MY DIRECTION. OF THE PROPERTY DESCRIBED ABOVE. AND THAT THE PLAT HEREON DRAWN 15 A CORRECT REPRESENTATION OF SAID SURVEY THIS PLAT CONFORMS TO THE 4410015310 STANDARD REOUREMENTS FOR A BOUNDARY SURVEY 6Y . FEBRUARY 12. A.0 2013 2LD4OIS PROFESSIONAL LANG SURVEYOR NO 2925 MV UCENSE EXPIRES NOVEMBER 30. 2014 ILLINOIS PROFESSIONAL DESIGN ORM UCENSE NO 184 002870 Exhibit A Page 22 of 24 4. GOLF ROAD 41184008 ROUTE 581 -- ..m ` N-104%SABLE C7.CRETE MINA a � N�7 F. _.AF M.D 410W Y\ v Tr15 ARCA INGRESS AND EGRESS EASEMENT 4, NGRESS AND EGRESS EASEMEN' GENERAL/12101. 1. THESE PLANS ARE BASED CN THE BOUNDARY AND TOPOGRAPHIC SURVEY (SURVEY PROJECT 600-17774-13 DAZED 02/12/13) PREPARED BY: GENTILE AND ASSOCIATES. INC. 550 E 5T. CHARLES PLACE, LOMBARD. IL 60148 (630) 916-6262 2. PRIOR TO CONSTRUCTION, COMRACTOR TO CONTACT THE DESIGN ENGINEER AHO ARCHITECT TO VERIFY THAT THEY ARE WORKING FROM IHE MOST CURRENT SET OF PLANS AND SPECIFICATIONS ON SITE PAFIKNG DATA PROPOSED SPACES PROPOSED ACCFSSBLE SPACES PROPOSED TOTAL SPACES EX1511N0 PARKING . 45 SfiE DATA 2 40 LCT AREA . 35.259 SF. (0.61 AC) ZONING 4 C-1 NOGHBOR14000 SHOPPING BUILDING AREA . 4.539 SF. NET FLOOR AREA 4 1.886 S.F. F.A.R. . 0.13 alEMEIC11.21.61LEUESL 1. ALL RADIUS DIMENSIONS ARE TO BACK OF CURB. 2.SEE AROI. PLANS FOR EXACT BUILDING DIMENSIONS. 3. ALL STRIPING TO BE DOUBLE COATED 4' TIN11E PANT UNLESS OTHERWISE 11010). 80 Exhibit B SITE SKETCH Page 23 of 24 Prepared For: Prepared For: 6 DESIGN BY: K.SACK N DATE MARCH 10. 2013 0 PROLCT NO.: 13-01♦ 1of1 LC 412-0180 Front Elevation Rear Elevation Drive-Thru Elevation 1 Existing Images Exhibit C IMAGINATF Non-Drive-Thru Elevation McDonald' ' 725 W. Golf Road — Des Plaines, IL Page 24 of 24 em os ti A 11/4 glf DES PLAINES ILLINOIS MEMORANDUM Commits of the Whole Item #2d City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax. 847.827.2196 Date: May 30, 2012 To: Michael G. Bartholomew, MCP, GEED AP. City Manager From: Scott Mangum, AICP, Senior Planner Subject: Conditional Use Permit for a Child Care Center, 88 Broadway Street, Case # 13 -009 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Analysis: Proposed Use Petitioner Owner PINS Pan of Operation Child Care Center Share Care Daycare, 8809 W. Golf Road, Apt. 2G, Niles, IL 0714 Robert and Janet Alsteen, 10249 wail Covey Road, Boynton Beach, FL 33436 09-18-201-02543000, 09-18-201-026-0000, 09-18-201-027-0000 Share Care Day Care will offer day cam services for infants through preschool as well as after school care for ages 6 through 12 in a 4,500 square foot facility with a capacity for 50 children. Share Care will employ a staff of three full-time staff to start and one part-time bookkeeper and will be open from 7 A.M. to 6 P.M Monday through Friday. Existing Use Vacant Ofnace building Surrounding Land Use North: Residential East: Commercial South: Commercial West: Commercial Page 1 of 50 Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan C-3, General Commercial North: R-1, Single Family Residential East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Broadway Street is a local street. Golf and Wolf Roads are arterial streets according to the City's Comprehensive Plan. The Comprehensive Plan recommends Low Density Mixed -Use for the site. Share Care Day Care has requested a Conditional Use Permit to occupy a 4,500 square -foot commercial building within the C-3 Zoning District. The approximately 11,650 square -foot triangularly shaped lot has 163 -feet of frontage on both Broadway Street and Golf Road. The proposed plan of operation would allow a maximum of 50 children and 7 employees. Three classroom areas totaling 1,875 square feet are proposed, in addition to a preparation area, restrooms, and administrative offices. Based on the parking requirements in the Zoning Ordinance of 1 space per 15 children and one space per employee, 11 parking spaces are required, where 12 spaces are provided on site. An enclosed outdoor play area, totaling 1,200 square feet, is proposed along the west property line. The applicant proposes to demolish the existing approximately 1,000 square -foot office building at 84 Broadway Street in order to add on-site parking and create two-way drive access for the south parking area. The three parking spaces accessed off of Golf Road in the northern parking lot would be used by staff, while parents would use the south parking lot to park and drop-off children. The traffic impact study concluded that "adequate parkmg is provided on the proposed site plan for the facility. Projected site generated traffic during the peak hours on the adjacent streets is fairly low and since most of the site generated traffic will be accessing the site via Broadway Street there will be adequate gaps for vehicles entering and exiting the site to safely make their movements. We do not anticipate any significant impact on the existing traffic flow along Golf Road, Wolf Road or State Street by the proposed facility." The City's Engineering Division has reviewed the traffic study and found it to be adequate. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Page 2 of 50 Comment: Child Care Centers are a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Child Care Center use generally complies with the 2007 Comprehensive Plan, which recommends Low Density Mixed -Use for this site. A Child Care Center is a Conditional Use in the C-3 Zoning District. Additionally, the location is near bus and rail mass transit which can provide a convenience for commuters. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Child Care Center would be located within an existing structure. No significant exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment. None of the functions of the child care center are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Page 3 of 50 Comment: The proposed Child Care Center is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according to the traffic study provided. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing curb cuts on Golf Road and Broadway Street. The traffic study did not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The following regulations are specific to Child Care Centers: 8.7 Child Care Centers. 8.7-1 Child care centers shall in no case may the lot size or required frontage be less than that required by the zoning district in which the facility is to be located. There are no frontage or minimum lot size requirements in the C-3 Zoning District. 8.7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards. The existing building and proposed play equipment shall comply with the C-3 setbacks. 8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement. The three proposed classroom spaces, 1,875 square feet, provide for more than 35 square feet per child. 8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of Title 6, Chapter 7 of the City Code. Up to twenty-five percent of this requirement may be waived by the Zoning Board of Appeals upon a fording that: Page 4 of 50 A. A park or similar permanent open space, suitable for supervised outdoor play, is located within 500 feet of the proposed facility; B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre (43,560 square feet) or larger; and C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed day care/child care facility location without crossing any street. The fenced outdoor playground is 1,200 square feet, which would allow for 16 children to be outdoors at one time. A total of up to 50 children are proposed in the existing and proposed facility. A condition of approval limits the number of children that can be in the outdoor play area at any one time to not more than one child per 75 square feet. 8.7-5 Hours of normal operation shall be limited to 6:00 A.M. to 7:00 P.M. Proposed hours of operation are 7:00 A.M. to 6:00 P.M. Recommendation: At its May 28, 2013 meeting the Zoning Board of Appeals recommended (6-0) that the City Council approve the above-mentioned Conditional Use permit for the establishment of a Child Care Center in the C-3 zoning district, subject to conditions of approval as recommended by staff. The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Child Care Center, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of the Conditional Use Permit, a revised site plan shall be submitted depicting shrubs within an area with a 5 -foot minimum depth to separate the south parking lot from the sidewalk to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. The maximum height of the vegetation should be 2 -feet above the driveway/sidewalk height. 2. Prior to occupancy, the bush at the southeast comer of the building should be cut to a maximum height of 2 -feet above the driveway/sidewalk height to preserve the sight line between the driveway and the sidewalk. 3. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. Under Section 3.4-4-C of the Zoning Ordinance (Conditional Uses) the City Council has the authority to approve, approve subject to conditions, or deny the above-mentioned Conditional Use permit for the establishment of a Child Care Center in the C-1 zoning district. Staff requests that this item be placed on the Committee of the Whole agenda at the June 17, 2013 City Council meeting. SM/sm Page 5 of 50 Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Petitioner's Conditional Use Application Location Map Site and Context Photos Plan of Operation Traffic Study prepared by Ament Design, and submitted May 8, 2013 Draft Minutes of the May 28, 2013 Zoning Board of Appeals Hearing Letter from Zoning Board of Appeals to the Mayor Exhibits: Ordinance authorizing a Conditional Use Permit for establishment of a Child Care Center at 88 Broadway Street. Exhibit A: Site Plan submitted by Share Care Day Care, and dated May 7, 2013. Exhibit B: Floor Plan submitted by Share Care Day Care, and dated April 1, 2013. Exhibit C: Unconditional Agreement and Consent Page 6 of 50 CONDITIONAL USE APPI (CATION • 00 NOT WRITE IN THIS AREA —FOR OFFICE USE ONLY CASE NURSER: DAIS MID Address of Conditional Use: , Des Plaine,, II„ Pea PaialecasiptNsmber: Anew- Dela Fifa ale being 0 Submitted on a CD.RO1d OB 0 B -mailed to the POtect M Pm* btesiger: Legal Nome Plaidication Den: , pabliabed m the: Journal Toper! &hec led hearing dale at 730 PK in Room 102, City Hell Action by Ionia& Atininialratraanaing Board of Apptml&Ctity 0: await A Ceadtdenal Use is mgaaived is weeedinee with the Lih elks Mao! 7,cuing Oadimaooc lsseliee(ta) as upended, to allow thee on the prapnty dascaibld byte attached legal desrrtption, • A..ppapnt(1) Nam: la, f afeSrgeealn j f( t Wok= a • t--16 r� MdlisAddle= P8a; st, -ol� 1.4r. IVIt .'f- Te'eple:Ina a L 9 ,6.1P3 Pax: /] Mailing Addmar!7, _�i/9 z {Cy,, �dc,� Attachment 1 Page 7 of 50 CONDITIONAL USE APPLICATION DO NOT WRITE IN THIS AREA - FOR OFFICE USE ONLY CASE NUMBER: 13.009 C() DATE FILED 3.7- 13 Address of Conditional Use: 8 a RO tA) (} y Des Plaines, IL. city Fee Paid/Receipt Number: 11 3 g Amount: 36 5 Date: 3 -7- l 3 PDF's are being: ❑ Submitted on a CD-ROM OR ❑ E-mailed to the : roject Manager Project Manager. Legal Notice Publication Date: , published in the: Journal Topes Scheduled hearing date: i •9.13 at 7:30 P.M. 'n Room 102, City Hal! Action by Zoning Administrator/Zoning Board of Appea's/City Council: A Conditional Use is requested in accordance with the City of Des Plaines 2,or.irg Ordinance Section(s) as ameneed, to allow the: 'Am.•t .0 1 art_ on the property described by the attached lege: description. Applicant(s) Narne: 5 f e. CAfe cLO) C9leSigpature Y� - _...�- Telephone: ..4_94,=.55_-_,L.2 Fax: Mai''ing Address: 680,9 uJ G o\ RV Apr 2&. ,t% i) t., L 6 0 Property Owner(s) Name: 47 f' Signalure Telephone: 4/4 Mailing Address: Fax: Attachment 1 Page 8 of 50 Contact Person: K4ii�. a' U 'telephone:Q[. _5, $ ,21( j, Fax: E -Mail: V.4 .\cs,..re._ 4\blArverN @ Uri Mailing Address: FB.Q14�. a� 3 Q�� CZ n/.1 - y r a k Lk Address of Property: B lb Property Index Number: 07_ -- 2pLd '2„t:1 - 0 0 00 - l g 201026 _ c":'" (From tax bill or township assessor's office) Applicant's interest in the property: 0 sole owner[ iessee contract purchaser 0 Other (explain): wa Des Plaines, IL. 60016 88 N 3RDI4C34J fly Present Zoning Classification of Property: _— G + c i_ LoCrvi7P4 —N L Current Use of Property: a Proposed Use of Property: Th es) Bulk and Scale Evaluation (Please fill out completely): TRUST INFORMATION Name(s) of Trust Beneficiary (ies)* Address (es) of Trust Beneficiary (ies)* * All applications involving property held by a land trust must be signed by the trust officer of the institution holding the trust as the owner of the property. Additionally, the trust beneficiary and his/her current address must be disclosed on this form. The application must also be accompanied by the following: ▪ A certified copy of the trust agreement. ▪ A letter from the trustee certifying that the beneficiary as shown on this application is correct and disclosing any beneficiary changes or lack thereof during the 12 months preceding the filing of this application. Attachment 1 Page 9 of 50 STANDARDS FOR CONDITIONAL USES The Zoning Board of Appeals and the City Council review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards. Because of this, please answer all questions in detail. "Yes" and "No" answers will not be accepted, and if used, may delay your hearing. A. Is the proposed conditional use, in fact, a conditional use established within the specific zoning district involved? (Please explain in detail) ►s bekIn,vety cc 03e W.C11/4N 5 0.tN esVA2)1...:,s\,Necl Li:3(NA1or• USB Le10A The. C�\5RLi- and ►r' K i4 i+ -\) L„>>' � e 0\m-Scc_AVe.o\- itc_ , 00-,0 cam,('e pCoVe V;s iD\t- y ctLovn u04/ sy B. is the proposed conditional use is in accordance with the objectives of the City's Comprehensive Plan and this Ordinance? (Please explain in detail) k 5s, + L) A\A t 1 o e kve-Gs o \-1,�Q -\% 's '1rS�ve- fVfak. To, t� ►mac , bo; L� '� a, ung ck (A),13.- Cse_c a; 3 O- tLe grQo . C. Is the proposed conditional use designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the genera; vicinity? (Please explain in detail) 1 s, V -),L, Locait,21i L_c I� c-ordis ,»c ELex,,,or\tt -t 1,� - w�a� csk iloR)._oa` fn►otct e_ sC ,oL -0AL, T Cotnalv��c�,n q1o� 15\- C 1, ore . \"C°ry D. Is the proposed conditional use is not hazardous or disturbing to existing neighboring uses? (Please explain in detail) Mv\� I- oho CsD���\°Wk-L_ JSe \LL nt o t !-l4Zctc-o(oV o d y o e.-StSt\ (leL"�� a�\`r� t%� �G ut) tipe lJc�r� Ni' Loot e_ o;_.Lroace_�at'� \„�� � 5, ;Odd Lc j s e�,Letre� "P F d 12 *.L( °Lr1 E. Is the proposed conditional use to be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, waste and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed condit'onal use s'wll prov'de adequately any such services? (Please explain in detail) ot f iv,��►. vs;•,t] +E ,ter rows ���-tJ..rs ,�,��. ��� a.,� ok.rcpp d "\'n� �( OT S\°tWW) SSU e)'.`.�-" L� u e_ c— s L\. �]e Se -Neck c do Li gy e_SserA,L, pj \C— iaL,1_1� �, es, se( V,L* .The_ Cs�O�e(ri ��v� u0 ILL J a.ey,ua.vet j c Re.�V(('� S`=rd `-- q Lao bvi Lk," .s�,t_L ys' at!ov \k, ( I -o (r>riE . ., . Attachment 1 Page 10 of 50 F. Does the proposed conditional use does create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community? (Please explain in detail) -� • • , } u0 ,LL R. t cq i' (e --r`) c -x. ki.ttaP"SSA- ('ery,p. e.n.e,nN- °\C V MPc�Ve �� �' Lo'(\oMvL - V\n47-- C.mMMVv\A` C t POt.I� A1I-c“LQ4.Q • G. Does the proposed conditional use involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental :o any persons, property, o- the general welfare by reason of excessive proauction of traffic, noise, smoke, fumes, glare or odors? (Please explain in detail) 4/: 4 x:, Ac\,:_riC L5, 4(til pt�nevA• %LL L) 0A/1-1 \-\ 4 e -or G .:� r) f' �- . u�4�n . �.� w. L.` 1rw t/E �1.ti� C cuCc. A-7 H. Does the proposed conditional use provide vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares? (Please explain in detail) /e buiLji^'] i��P�� .V'& Vr'S �rtit%1/\��•� 5�� / 04� r uJ ALL sit Ur j (����� r Cowl E-ra f lL i Sov\'L 4 +R 147 l SaU1 N 4 ,,i0LI- 1\L�, 11s �� ,jo ) ✓� 1-\ci 12 V (K\;.- , K, ci g u7;LL d roppej P n 5 S w I. Does the proposed conditional use result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance? (Please explain in detail) c ,U- t\d PGo✓e,.,,. Lk -1 .‘LL-- 6e- Mca-c) \ (-D rl,.� vJ S �4{�p\n � ne:i. 7 PL�j r sem..} 1l L e :61-51- J. Does the proposed conditional use comply with ail additional regulations in this Ordinance specific to the conditional use requested? (Please explain in detail) 'mot. ci c y —04-031A. . F i ICI -I F ('c 7.0. (1.e \ -6ts3.LL �� br�� op I -d cfl J, 1-1) sF E^N-1,-,..0 . cIc_r(o F_. Attachment 1 Page 11 of 50 I hereby certify that all of the above statements and those contained in any papers or plans submitted herewith are true to the best of my knowledge and belief. Furthermore,1 consent to the entry in or upon the premises described in the application, by any authorized official of the City of Des Plaines, for the purpose of posting; maintaining, and removing public hearing notices as may be required, and, as well as, conducting site analysis. fre(jeo/Manc . g/zghern (Signature of Applicant or Authorized Agent) (Date) (Signature of Owner) (Date) Attachment 1 Page 12 of 50 Attachment 2, Location Map - 88 Broadway Street Prepared by Commun'ty and Economic Deve'opment Department: SM, May 24 2013 Attachment 2 Page 13 of 50 M Ig C co i A co etst 41 Attachment 3 Page 14 of 50 BUSINESS PLAN Share Care Day Care Center 86-90 North Broadway, Des Plaines IL 60016 May 5, 2013 Attachment 4 Page 15 of 50 Executive Summary Vision Statement To grow a financially successful child daycare chain across northern Illinois with a reputation for excellent care and with a focus on child safety. Mission Statement At Share Care Day Care, we will enhance our position in the Des Plaines child daycare market by providing our employees with an honest and supportive working environment, where each employee can devote themselves to providing excellent service to our customers. The Product Share Care will offer day care services for infants through preschool as well as after school care for ages 6 through 12. Share Care Day Care will provide fully certified staff and a wide variety of educational and fun activities. The Market The target market for Share Care Day Care is the young families living in Des Plaines area. Share Care Day Care will set pricing according to government guidelines. Although Share Care Day Care does not have an existing customer base, other than customers from home day care, market analys.s indicates than S:iare Care should enjoy strong sales from the identified markets. The Competition Young families that live in the local community drive a significant distance to make use of day care facilities in other nearby communities. Share Care Day Care must attract a loyal customer base by providing children with a caring and supportive environment. Operations Share Care Day Care has selected a 4,500 square foot facility with a capacity for 50 children. Share Care Day Care will employ a care staff of three full-time staff to start and one part-time bookkeeper. Care staff will be increased as needed to ensure the proper staff -to -child ratio. The business will be managed by the owners. Attachment 4 Page 16 of 50 Business Plan - Share Care Day Care Center Vision Statement To grow a financially successful child daycare chain across northern Illinois with a reputation for excellent care and with a focus on child safety. Mission Statement At Share Care Day Care, we will enhance our position in the Des Plaines child daycare market by providing our employees with an honest and supportive working environment, where each employee can devote themselves to providing excellent service to our customers. The Company Company History Share Care Day Care Center is a new company intending to enter the child daycare business. The company concept was developed over a period of six months by several business associates having many years experience in the child daycare industry. Company Goals and Objectives In the next 6 months the company intends to open for business and to implement a targeted advertising campaign. The company anticipates 10 percent annual revenue growth and at the end of five years the company anticipates gross revenue of $550,000 annually. Company Ownership Structure Child Care Day Care is owned by Shahla Ranjbar, Joe Shegarfi and Lama Alnaimi as a general partnership. As the company expands, it is contemplated that the company will be incorporated for tax and liability reasons. Company Management Structure Child Care Day Care is managed by a team of individuals consisting of all of the ownership partners, Shahla Ranjbar, Joe Shegarfi and Lama Alnaimi, in addition to Rajaie Abu-Hashim as a manager. All partners and manager participate in managing the company. Management and Ownership Background Shahla Ranjbar is one of the founding owners of Share Care Day Care. Shahla has worked for 16 years in child care and daycare center, and owned a home day care for past 5 years. Rajaie Au-Hashim has spent 15 years managing a daycare center. Attachment 4 Page 17 of 50 Organizational Timeline A remodeling plan for the chosen location will be complete by May 15. Funding needs to be in place by June 14 in order to take advantage of the current construction season. Remodeling and renovations will begin June 21 and will be completed by July 30, 2013. Share Care will open for business on August 15. Company Assets Share Care Day Care is in contract to purchased 4,500 SF building at 84 & 86-90 North Broadway in Des Plaines, and purchased some new furnishings and fixtures with a resale value of $15,000. The Product The Product Share Care will offer day care services for infants through preschool as well as after school care for ages 6 through 12. Share Care Day Care will provide fully certified staff and a wide variety of educational and fun activities. Product Patents Share Care holds exclusive rig' is :o use the business name "Share Care Day Care' Future Products Share care Day Care is investigating opening one or more new locations 5 miles within the city within a 5 year timeframe. Marketing Plan The Target Market The target market for Share Care Day Care is the young families living in Des Plaines district. Share Care Day Care will target young parents working in the local area. Location Analysis The location for Share Care Day Care has ample parking and is ideally suited within the Des Plaines area to serve the target market. Established Customers Although Share Care Day Care does not have an existing customer base, other than customers from home day care, market analysis indicates that Share Care should enjoy strong sales from the identified markets. Pricing Share Care Day Care will set pricing according to government guidelines. Based on Attachment 4 Page 18 of 50 these revenue guidelines and staffing and rental costs, Share Care Day Care will require average monthly revenues of $15,000 to break even. Advertising Share Care Day Care will use newspaper advertising in order to help grow its standing in the marketplace. Advertising using created website and signs for drive by due to it's current location. Competitor Analysis The Competitors There no other day care facilities in the immediate area. Young families that live in the local community drive a significant distance to make use of day care facilities in other nearby communities. Competitor Strategies Share Care Day Care does not have competitors in the immediate community but will have to work hard to show value and commitment in order to gain customers and market share from existing 'out -of -community' competitors. This can be done through newspaper advertising and also through very inexpensive signs at the site for drive by. Share Care Day Care must attract a loyal customer base by providing children with a caring and supportive environment. SWOT Analysis (Strengths/Weaknesses/Opportunities/Threats) Strengths Share Care Day Care has selected a location that is quick and convenient for customers in the Des Plaines and surrounding district. Share Care Day Care has also made a commitment to providing a supportive and caring environment that is critical in this market. Weaknesses Success for Share Care Day Care depends on providing caring, supportive service. It is important that Share Care is able to retain quality staff. Share Care will develop and maintain human resources policies designed to find and retain good staff. Threats Share Care Day Care is at risk from other larger competitors moving into the local market. Share Care must respond to this threat by building a loyal customer base by providing a supportive and caring environment for its customers. Operations Daily Operations Share Care Day Care will be open from 7 A.M. to 6 P.M Monday through Friday. At this time, operations on weekends or statutory holidays are not being considered. A Attachment 4 Page 19 of 50 normal business day will include greeting children as they are dropped off, providing appropriate and engaging activities and providing snacks for the children. Operational Facilities Share Care Day Care has selected a 4,500 square foot facility with a capacity for 50 children. Staffing Share Care Day Care will employ a care staff of three full-time staff to start and one part-time bookkeeper. Care staff will be increased as needed to ensure the proper staff -to -child ratio. The business will be managed by the owners. Suppliers Share Care Day Care requires very little in the form of daily supplies except for ready-made snacks and ingredients to provide hot meals. Share Care is in negotiations with a local food catering company to supply products and ingredients for hot lunches according to a rotating menu. Capital Requirements Plan Capital Requirements Share Care Day Care requires $150,000 to cover the costs of renovation and purchasing new equipment at the selected location. $15,000 is also required to cover salaries and mortgage for the initial startup period. The owners will contribute $75,000 to cover these costs. Net Capital Requirement: $350,000. Capital Repayment Plan All debt obligations related to this venture will be repaid within twenty five years. Capital contributed by the owners will be considered 'capital contributions' and will not be repaid. Attachment 4 Page 20 of 50 Share Care Day Care Center Projected Income Statement For each of the years ending the 1st day of January: (US Dollars) Attachment 4 Page 21 of 50 2013 2014 2015 Revenues: Gross Sales: 166,950 371,450 530,100 Rent: 0 0 0 Gross Profit: 166,950 371,450 530,100 Expenses: Sales and Marketing 1,800 1,800 1,800 Research and Development 1,350 1,350 1,800 Insurance 5,700 5,700 5,700 Legal and Professional Services 2,900 1,300 2,000 Bookkeeping 3,000 3,000 3,000 Rent 15,602 15,602 15,602 Utilities 7,080 7,080 7,080 Repairs and Maintenance 2,100 2,100 1,800 General Office ,325 1, 00 1,300 Entertainment 1,200 1,200 1,200 Licenses 900 900 900 Salaries and Benefits 94,800 139,602 180,000 Bank Fees 1,100 1,320 1,920 Property Taxes 28,838 28,838 28,838 Dietary/Food Services 13,125 28,575 41,625 Total Expenses: 180,820 239,467 294,565 NET INCOME (Before Tax): 8-13.870 $131983 $235,535, Attachment 4 Page 21 of 50 Traffic Impact Study Share Care Day Care 88 South Broadway Street Des Plaines, IL 60016 Prepared for: Share Care Day Care 88 S. Broadway Street des Plaines, IL 60016 Prepared by: Attachment 5 Page 22 of 50 Traffic Impact Study Share Care Day Care Center Des Plaines, Illinois Introduction: Our firm has been employed by Share Care Day Care to perform a traffic impact study for a proposed day care center to be developed in the existing building located at constructed at 88 South Broadway Street. The location of the proposed project site is shown on Exhibit One — Site Location Map. Our study includes evaluation of the proposed site In terms of the volume of traffic expected to be generated by the day care center. Existing Site: The study site is located on the south side of the Golf Road traffic circle at the Intersection with Broadway Street and is shown on Exhibit Two — Existing Site Plan. Currently there Is a driveway on the north side of the site that connects to the striped right turn lane from eastbound Golf Road to Broadway Street. Only traffic from eastbound Golf Road can legally enter this driveway and traffic exiting from this driveway must go southbound on Broadway Street. On the east side of the site adjacent to 84 S. Broadway Street there is a driveway that connects to Broadway Street. Since Broadway Street contains a curbed landscaped median only southbound traffic can enter this driveway and all traffic exiting this driveway must exit to southbound Broadway Street. Existing Traffic: The traffic circle is composed of Golf Road which is an east -west 4 lane•roadway that comprises the southwest and east legs of the intersection, Wolf Road (north leg) State Street (west leg) and Broadway Street (southeast leg). According to the Illinois Department of Transportation's 2011 Annual Average Daily Traffic Map Golf Road has a daily traffic volume of 27,100 vehicles west of the traffic circle and 23,700 east of the traffic circle. Existing Annual Average Daily Traffic volumes are shown on Exhibit 3— IDOTADT Traffic Map. Proposed Site Plan: The proposed day care center has a gross area of 3,435 square feet with an outdoor playground area that will be located on the western side of the site. It is recommended that the parking area on the north side of the building be signed and restriped to provide one accessible stall and 2 employee parking stalls. On the south side of the building the existing parking area wi l be expanded by removing the small building on the site (#84) and striping the parking lot to provide 6 parking stalls that will be signed for pick up & drop off parking along with 3 stalls for employee park;ng. •Based on this configuration the site will have 12 parking stalls on the site 6 of which will be signed for pick up and drop off. Off-street park'ng required for the proposed day care center is based on 1 stall for each employee plus 1 stall for each 15 children. According to our client it is anticipated that there w'll •nitially be 4 employees with the capacity of the day care center being 45 children: Based on DCFS regulations and the ages of the children that he day care center has been designed for the maximum number of employees will be 7 when the day care center is at full capacity. Parking required for the facility when It is at maximum capacity is 10 stalls (7 employee stalls plus 3 stalls based on the number of children). Attachment 5 Page 23 of 50 Site Access: Access to the site from Golf Road will be via a limited access driveway located on the north side of the site in the southern portion of the traffic circle between the southem leg of Golf Road and Broadway Street. Signage at the driveway would prohibit left turn movements out of the site. Vehicles accessing the site via the north entrance would be required to exit the site by making a right hand turn and continuing southbound on Broadway Street. There is also an additional access point to the site via a driveway on the south side of the building that connects to Broadway Street. The existing driveway will be widened to 24' at the sidewalk to accommodate 2 -way traffic. Vehicles accessing the site via this driveway would be required to exit the site by making a right hand tum and continuing southbound on Broadway Street due to the presence of the landscaped Island. Traffic exiting the site will have the option of continuing southbound to Seegers Road, tuming left (eastbound) on Yale Court or making a U-turn at the intersection of Broadway Street & Yale Court to head northbound to the traffic circle. Proposed Hours of Operation: The operating hours of day care center will be 7 AM — 6 PM Monday through Friday Projected Site Generated Traffic during Peak Hours of Adjacent Streets: Projected site trip generation is based on data obtained from The Institute of Traffic Engineers Trip Generation manual — 71" Edition (ITE manual) tables for day care centers. Site generated traffic has been projected for the proposed day care center. Projected Trip Generation — Day Care Center: The proposed day care center is not anticipated to be open on Weekends therefore we have only shown theweekday projected site generated traffic during the peak hours of the generator and during the peak hours of the adjacent streets. In comparing the trip generation for the peak hour of the generator with the peak hour of the adjacent streets it can be seen that the projected trip ends during the peak hour of the day care center are slightly higher than the trip ends during the peak hour of the adjacent streets. The projected site generated traffic movements are shown on Exhibit 4 — Site Generated Traffic during Peak Hours of Generator. Usage Trips per 1,000 s.f. (Gross) Percent Entering Percent Exiting Day Care Center (Code 565) AM Peak Hour of Adjacent Streets 12.79 53% 47% Day Care Center (Code 565) AM Peak Hour of Generator 13.56 53% 47% Day Care Center (Code 565) PM Peak Hour of Adjacent Streets 13.18 47% 53% Day Care Center (Code 565) _PM Peak Hour of Generator 13.91 47% 53% Projected Trip Generation from ITE Manual Attachment 5 Page 24 of 50 Trip Distribution: We have assigned a distribution of the traffic entering the site with 2employees entering the driveway on the north side of the building with the remaining traffic accessing the site via the southern driveway. While it is likely that some customers of the day care center will utilize the on -street parking spaces on the southbound side of Broadway rather than the driveway into the parking lot on the south side of the building, we have shown the vehicles using the driveway on the south side of the building for a worst case scenario. It Is also possible that there will be customers of the day care center that access the site from northbound Broadway Street and use the on street parking but this has been discounted for the purposes of this study. Projected Vehicle Movements Pick Up and Drop Off: Based on a traffic study that was recently done for another day care center in the City we have. i has been requested that there be an allowance for 0.14 stalls per child for pick up and drop off purposes (45 x .14 = 6.3 stalls). In order to accommodate the required stalls the eastern 6 stalls in the parking lot on the south side of the building will be signed for pick up and drop off. It is anticipated that the on street parking stall on the north side of the driveway will be used for the purposes of pick up and drop off as well. On-site Traffic Flow: The site configuration on the north side of the building provides for 2 standard parking stalls along with an accessible stall. There is adequate space for vehicles to enter and exit the site safely as long as drivers exit the site by making a right hand turn and head southbound along Broadway Street. Configuration of the proposed parking on the south side of the site allows 9 parking stalls and a drive aisle that is a minimum of 24 feet for vehicle movements on the south side of the building. The eastem 6 stalls in the parking area will be signed for pick up and drop off and employees will be allowed to park in the westem 3 stalls. The applicant has made arrangements with the building on the east side of Broadway north of the alley to lease up to 3 parking stalls in the event these parking stalls become needed. Attachment 5 Page 25 of 50 Enter Exit Circle Driveway Broadway Driveway Circle Driveway Broadway Driveway AM Peak Hour of Day Care Center• 2 230 22 PM Peak Hour of Day Care Center 0 23 2 23 Projected Vehicle Movements Pick Up and Drop Off: Based on a traffic study that was recently done for another day care center in the City we have. i has been requested that there be an allowance for 0.14 stalls per child for pick up and drop off purposes (45 x .14 = 6.3 stalls). In order to accommodate the required stalls the eastern 6 stalls in the parking lot on the south side of the building will be signed for pick up and drop off. It is anticipated that the on street parking stall on the north side of the driveway will be used for the purposes of pick up and drop off as well. On-site Traffic Flow: The site configuration on the north side of the building provides for 2 standard parking stalls along with an accessible stall. There is adequate space for vehicles to enter and exit the site safely as long as drivers exit the site by making a right hand turn and head southbound along Broadway Street. Configuration of the proposed parking on the south side of the site allows 9 parking stalls and a drive aisle that is a minimum of 24 feet for vehicle movements on the south side of the building. The eastem 6 stalls in the parking area will be signed for pick up and drop off and employees will be allowed to park in the westem 3 stalls. The applicant has made arrangements with the building on the east side of Broadway north of the alley to lease up to 3 parking stalls in the event these parking stalls become needed. Attachment 5 Page 25 of 50 Conclusions: Based on our evaluation of the projected traffic generated by the proposed day care center we believe that adequate parking is provided on the proposed site plan for the facility. Projected site generated traffic during the peak hours on the adjacent streets is fairly low and since most of the site generated traffic will be accessing the site via Broadway Street there will be adequate gaps for vehicles entering and exiting the site to safely make their movements. We do not anticipate any significant impact on the existing traffic flow along Golf Road, Wolf Road or State Street by the proposed facility. Respectfully submitted, -727,,i ‘,7L -9 - Mark S. Olesen, P.E. Ament, Inc. Attachment 5 Page 26 of 50 •anbroak D: m ro SI„ivd u G~ a to ft �`� 4 A, • N., 41'2 -;• • to sate St 43 Northshire �4 Perkkr, Cumberland la etcher Or 4 IP 4" 0 t?... M. 0 s DBMS Gt E L 0 u 'I/Di ID w n atone 51 g z ' E AI▪ Chippewa Mean WA 'Q)0, Park 'pa Cornell Park .4 Teton Park • Blackitativk 'Park e �,°ilf Ftd N,sNeY St PROJECT SITE m { E GoII Rd z z E Golf Rd Z Y ,cit 11 p m m m % is, t, OA s a • �a° Colin c c 14 EXHIBIT ONE SITE LOCATION MAP 117 17143, ar "ry m Attachment 5 Page 27 of 50 Attachment 5 Page 28 of 50 AzAz XYZ j0 i51nyn1J1,4 a Pnnce;e•n St '6C; Cheyenne Park sf•11. R20;600 (11) a ck Frinculun 5t z ro en to 3 I' Stone S! a c Q t j} n c z Chippewa ►de*�d° I° 'Qa,� V°j rode N L� e' Park a'pa Cornell Park No 4 co i7rt3{30 CI 1) n { N Luau Dr rp A w a a a D 1.44#41. .r. r a I?_ U ^iIlk %v Teton Pak (raj ��t �,r,z ��r sa State St Ifs E Gulf Rd °'� 7 ;b. 1,6Ili 00(10) earhire A t. Ct LP 4 v q k Cumberland ��'i- a .e m N s • I>r °: I. Ian iQ, C Ckhawk nICA �n Park tz 23.740111) Dots 0 0 4. rr. - est e G°"4 . �`sa ryor ,,,s t2',e t-,asveY St co �� 4,01rrro 442.3, � 0 iC Cp111M ea rvQ n 0) 33 Harrztrig Pvc 0 rk o ,) c E Washington 31 it, W • NI a6PiigpIQPA EXHIBIT THREE IDOT AVERAGE DAILY TRAFFIC COUNTS Se•r gers R 16,000 (11) Attachment 5 Page 29 of 50 i Attachment 5 Page 30 of 50 LEGEND 12 AM PEAK HOUR SITE GENERATED VE"CLEMOVEMENTS[153 PM PEA ��� EXHIBIT FIVE VE MO UUR SITE 5 SITE GENERATED TRAFFIC PEAK HOUR OF DAYCARE CENTER Attachment 5 Page 31 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 1 n DES PLAINES ILLINOIS DES PLAINES ZONING BOARD MEETING MAY 28, 2013 MINUTES The Des Plaines Zoning Board Meeting held its regularly scheduled meeting on Tuesday, May 28, 2013 at 7:30 P.M., in Room 102, City Council Chambers, of the Des Plaines Civic Center. ZONING BOARD PRESENT: Seegers, Szabo, Cata:ano, Porada, Hofherr, Schell ABSENT. Saletnik Also present was Scott Mangum, Senor Planner with the Department of Community and Lconomic Development. Chairman Seegers called the meeting to order at 7:30 P.M Roll call was conducted. Chairman Seegers read the summary of the cases up for hearing NEW BUSINESS Address: 725 W. Golf Road Case Number: 13-009-V The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. PIN: 08-'3-:02-0'3-0000 Petitioner: Fred Matthias, 3277 Oak Knoll Road, Carpentersville, IL 60110 Owner(s): Chicago Exhibitor Corporation, 20 N Martingale Road, Schaumburg, IL 60173 Chairman Seegers swore in the petitioner, Fed Matthias. Mr Matthias preserves the case. McDonald's is a'lowed up to 100 square feet of wall signage on the front elevation, but are request ng an "Arch" sign on both the front and west elevation to a low for visibility for eastbound traffic and from the shopping center. Chairman Seegers confirmed that the wall signage would consist of just the logo and only be located on two c'evations. Attachment 6 Page 32 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 2 Board Member Porada confirmed that the signs would be backlit Mr. Matthias stated that the signs would be backlit by means of LED. Chairman Seegers asked Mr. Mangum to summarize the staff report. issue: The petitioner is requesting a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. Analysis: Address: 725 W. Golf Road Existing Zoning: C-3, General Commercial Petitioner: Fred Matthias, 3277 Oak Knoll Road, Carpentersville, EL 60110 Owner(s): Chicago Exhibitor Corporation, 20 N. Martingale Road, Schaumburg, IL 60173 PIN: 08-13-102-013-0000 In reviewing the variation requests, staff has considered the following information: The applicant is seeking a Sign Variation for wall signage at the existing McDonald's facility at 725 W. Golf Road The approximately 35,259 square -foot (0.81 acre) property is located on the south side of Golf Road, approximately 650 feet east of the Elmhurst Road. The subject site has approximately I 65 -feet of frontage on Golf Road. The 4,539 square foot one-story McDonald's Restaurant building has access from Golf Road as well as from the Marketplace Shopping Center. A drive-through lane wraps around the building with the drive-through entrance on the west side of the building and exit on the east side of the building. 45 parking spaces are currently located on the property. A total of 100 square feet of wall signage is allowed for the building and wall signs are limited to street facing frontages per the Zoning Ordinance. New signage is requested as part of a planned facade renovation. The building currently has wall signs that display the name of the restaurant on the north and west elevations, in addition to smaller "Arch" style signs on the east and west elevations, and a pole sign to the east of the bui''ding. The applicant has proposed to remove all four existing wall signs and replace with two 14 square -foot "Arch" style signs, one on the north, and one on the west elevation. The sign on the north elevation is allowed by the Zoning Ordinance, while a major variation is requested to allow the sign on the non -street facing west elevation where no signs are allowed. Recommendation: Staff recommends approval of the variation for signage on a non -street facing facade (west) based on review of the information presented by the applicant and the standards and conditions imposed by Section 3.6-8 (Findings of Fact for Variations) as outlined by the City of Des Plaines Zoning Ordinance. The location currently has larger wall signs on both the north and the west elevations. The aggregate of the proposed wall signage (28 square feet) is well below the 100 square feet of maximum signage that would be allowed by code, and greatly reduced from the existing wall signage. The total number of wall signs would also be reduced from four to two. Chairman Seegers asks if any of the board members or anyone from the audience had questions. There were none. Chairman Seegers asked for a motion from the board. Attachment 6 Page 33 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 3 A motion was made by Board Member Szabo seconded by Board Member Catalano to recommend approval of a variation to Section 11.6.B of the 1998 City of Des Plaines Zoning Ordinance, as amended: to allow one wall sign, rather than zero, on the west elevation. AYES: Szabo, Catalano, Hofherr, Porada, Seegers, Schell NAYES: None ***MOTION CARRIED**** Chairman Seegers read the next case on the agenda. Address: 88 Broadway Street Case Number: 13 -009 -CU The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. PINs: 09-18-201-025-0000, 09-18-201-026-0000, 09-18-201-027-0000 Petitioner: Share Care Daycare, 8809 W. Golf Road, Apt. 2G, Niles, IL 60714 Owner: Robert and Janet Alsteen, 10249 Quail Covey Road, Boynton Beach, FL 33436 Chairman Seegers swore in Rajaie Abu-Hashim, representative for the petitioner. Mr. Abu-Hashim presented his case. The Child Care facility would provide services for infants and pre-school as well as after school care for children aged 6-12. Up to 50 children could be accommodates with initial staffing levels limited to three staff plus a book keeper. Hours would be from 7:00 a m. to 6:00 p.m. Chairman Seegers confirmed that the petitioner would utilize the entire building and that renovations were planned for the interior and exterior. Board Member Hofherr asked if the applicant was aware of State regulations for the number of employees. Mr. Abu-Hashim stated that they were in contact with the State and would provide the appropriate staffing ratio per the State regulations. Chairman Seegers asked the board members for any questions. Chairman Seegers asked Mr. Mangum to summarize the staff report. Attachment 6 Page 34 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 4 Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District. Analysis: Proposed Use Petitioner Owner PINs Plan of Operation Existing Use Surrounding Land Use Existing Zoning Surrounding Zoning Street Classification Comprehensive Plan Child Care Center Share Care Daycare, 8809 W. Golf Road, Apt. 2G, Niles, IL 60714 Robert and Janet Alsteen, 10249 Quail Covey Road, Boynton Beach, FL 33436 09-18-201-025-0000, 09-18-201-026-0000, 09-18-201-027-0000 Share Care Day Care will offer day care services for infants through preschool as well as after school care for ages 6 through 12 in a 4,500 square foot facility with a capacity for 50 children. Share Care will employ a staff of three full-time staff to start and one part- time bookkeeper and will be open from 7 A.M. to 6 P.M Monday through Friday. Vacant Office building North: Residential East: Commercial South: Commercial West: Commercial C-3, General Commercial North: R-1, Single Family Residential East: C-3, General Commercial South: C-3, General Commercial West: C-3, General Commercial Broadway Street is a local street. Golf and Wolf Roads are arterial streets according to the City's Comprehensive Plan. The Comprehensive Plan recommends Low Density Mixed -Use for the site. Share Care Day Care has requested a Conditional Use Permit to occupy a 4,500 square -foot commercial building within the C-3 Zoning District. The approximately 11,650 square -foot triangularly shaped lot has of 163 -feet of frontage on both Broadway Street and Golf Road. The proposed plan of operation would allow a maximum of 50 children and 7 employees. Three classroom areas totaling 1,875 square feet are proposed, in addition to a preparation area, restrooms, and administrative offices Based on the parking requirements in the Zoning Ordinance of 1 space per 15 children and one space per employee, 11 parking spaces are required, where 12 spaccs are provided on site. An enclosed outdoor play area, totaling 1,200 square feet, is proposed along the west property line. The applicant proposes to demolish the existing approximately 1,000 square -foot office building at 84 Broadway Street in order to add on-site parking and create two-way drive access the south parking area. The three parking spaces accessed off of Golf Road in the northern parking lot would be used by staff, while parents would use the south parking lot to park and drop-off children. Attachment 6 Page 35 of 50 Case # 13-020-V — 725 W. Golf Road Case # I 3 -009 -CU — 88 Broadway Street May 28, 2013 Page 5 The traffic impact study concluded that "adequate parking is provided on the proposed site plan for the facility. Projected site generated traffic during the peak hours on the adjacent streets is fairly low and since most of the site generated traffic will be accessing the site via Broadway Street there will be adequate gaps for vehicles entering and exiting the site to safely make their movements. We do not anticipate any significant impact on the existing traffic flow along Golf Road, Wolf Road or State Street by the proposed facility." The City's Engineering Division has reviewed the traffic study and found it to be adequate. Conditional Use Findings: As required by Section 3.4-5 (Standards for Conditional Uses) of the Zoning Ordinance, the proposed development is reviewed below: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: Child Care Centers are a Conditional Use in C-3, General Commercial Zoning District, as specified in Section 7.3-6-C of the 1998 City of Des Plaines Zoning Ordinance, as amended. B. The proposed Conditional Use is in accordance with the objectives of the City's Comprehensive Plan: Comment: The Child Care Center use generally complies with the 2007 Comprehensive Plan, which recommends Low Density Mixed -Use for this site. A Child Care Center is a Conditional Use in the C-3 Zoning District. Additionally, the location is near bus and rail mass transit which can provide a convenience for commuters. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The proposed Child Care Center would be located within an existing structure. No significant exterior alterations are proposed to the structure. D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: None of the functions of the child care center are anticipated to be hazardous or disturbing to the surrounding neighborhood. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: After reviewing the petitioner's plans, the proposed Conditional Use would be served adequately by essential public facilities and it would not overburden existing public services. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The proposed Conditional Use would appear to have adequate public facilities; it would not create a burden on public facilities nor would it be a detriment to the economic well being of the community. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Child Care Center is not anticipated to create an amount of additional traffic and parking which cannot be accommodated by the existing street network according the traffic study provided. Attachment 6 Page 36 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 6 H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed project would utilize existing curb cuts on Golf Road and Broadway Street. The traffic study did not find any evidence for potential interference with traffic patterns. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: No exterior building alterations are proposed. The proposed plan would not add impervious surface, nor cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: The following regulations are specific to Child Care Centers: 8.7 Child Care Centers. 8.7-1 Child care centers shall in no case may the lot size or required frontage be less than that required by the zoning district in whicl the faci ity is to be located. There are no frontage or minimum lot size requirements in the C-3 Zoning District. 8.7-2 Front, rear, and side yard setbacks shall be the same as for other uses permitted in the district. Additionally, no equipment may be affixed to the land within such side yards. The existing building and proposed play equipment shall comply with the C-3 setbacks. 8.7-3 There shall be a minimum of 35 square feet of indoor activity area per child within the structure. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, shall not be counted in calculating this requirement. The three proposed classroom spaces, 1,875 square feet, provide for more than 35 square feet per child. 8.7-4 There shall be a minimum of 75 square feet of outdoor activity area per child that could be expected to be outdoors at any one time. Such activity area or portions thereof shall be enclosed by a fence meeting all the requirements of Title 6, Chapter 7 of the City Code. Up to twenty-fve percent of this requirement may be waived by the Zoning Board of Appeals upon a finding that: A. A park or similar permanent open space, suitable for supervised outdoor play, is located within 500 feet of the proposed facility; B. The park or similar permanent open space, suitable for supervised outdoor play, is one (1) acre (43,560 square feet) or larger; and C. The park or similar permanent open space, suitable for supervised outdoor play, is accessible from the proposed day care/child care facility location without crossing any street. The fenced outdoor playground is 1,200 square feet, which would allow for 16 children to be outdoors at one time. A total of up to 50 children are proposed in the existing and proposed facility. A condition of approval limits the number of children that can be in the outdoor play area at any one time to not more than one child per 75 square feet. 8.7-5 Hours of normal operation shall be limited to 6:00 A.M. to 7:00 P.M Attachment 6 Page 37 of 50 Case # 13-020-V — 725 W. Golf Road Case # 13 -009 -CU — 88 Broadway Street May 28, 2013 Page 7 Proposed hours of operation are 7:00 A.M. to 6:00 P.M. Recommendation: The Community Development Department recommends approval of the Conditional Use Permit modification request for the establishment of a Child Care Center, based on review of the information presented by the applicant and the findings made above, as specified in Section 3.4-5 (Standards for Conditional Uses) of the City of Des Plaines Zoning Ordinance, subject to the following conditions of approval: 1. Prior to issuance of the Conditional Use Permit, a revised site plan shall be submitted depicting shrubs within an area with a 5 -foot minimum depth to separate the south parking lot from the sidewalk to the satisfaction of the Directors of Community and Economic Development and Public Works and Engineering. The maximum height of the vegetation should be 2 -feet above the driveway/sidewalk height. 2. Prior to occupancy, the bush at the southeast corner of the building should be cut to a maximum height of 2 -feet above the driveway/sidewalk height to preserve the sight line between the driveway and the sidewalk. 3. The outdoor play area shall be fenced and be limited to not more than one child per 75 square feet of outdoor play area at any one time. Chairman Seegers asked if anyone from the audience had any questions. Board Member Szabo inquired about signage. Mr. Abu-Hashim stated that there would be an exterior monument sign in addition to signage in the parking lot to designate parking spaces for pick-up and drop-off. Chairman Seegers asked for any questions from commissioners or audience. There were none. Chairman Seegers asked for a motion from the board A motion was made by Board Member Szabo seconded by Board Member Hofherr to recommend aaaroval for a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to establish a Child Care Center in the C-3 Zoning District, subject to the conditions in the staff memo. AYES: Szabo, Hofherr, Catalano, Porada, Seegers, Schell NAYES: None ***MOTION CARRIED**** The meeting was adjourned at 7:50 p.m by unanimous voice vote. Sincerely, Arnie Seegers, Chairman Des Plaines Zoning Board of Appeals cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioner Attachment 6 Page 38 of 50 CITY OF DES PLAINES ILLINOIS May 28, 2013 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Zoning Board of Appeals, 88 Broadway Street, Case # 13 -009 -CU RE: Request to authorize the operation of a Child Care Center City of Des Plaines Community Development Planning & Zoning Division 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5306 Fax: 847-827-2196 Honorable Mayor and Members of the Des Plaines City Council: The Zoning Board of Appeals met on May 28, 2013 to consider the above petition. The Zoning Board of Appeals submits the following: 1. Mr. Rajaie Abu-Hashim, representative for the petitioner, presented the pertinent facts. 2. The Community and Economic Development Department recommended approval of the Conditional Use Permit, subject to conditions of approval. 3. No members of the public spoke regarding the proposal. 4. The Zoning Board of Appeals recommended (6-0) that the City Council approve the Conditional Use Permit for operation of a Child Care Center, subject to conditions of approval. Respectfully submitted, Arnie Seegers Des Plaines Zoning Board of Appeals, Chairman cc: City Officials Aldermen Zoning Board of Appeals Commissioners Petitioners Recording Secretary File Attachment 7 Page 39 of 50 CITY OF DES PLAINES ORDINANCE Z - 17 - 13 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A CHILD CARE CENTER IN THE C-3 ZONING DISTRICT AT 88 BROADWAY STREET, DES PLAINES, ILLINOIS. (Case #13 -009 -CU). WHEREAS, Shalah Ranjbar ("Petitioner") is the contract purchaser of that certain property commonly known as 88 Broadway Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, Petitioner submitted an application to the City of Des Plaines Department of Community and Economic Development ("Department") for a Conditional Use Permit to allow for the operation of a Child Care Center on the Subject Property in accordance with Section 7.3-6.0 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Zoning Ordinance"); and WHEREAS, the Subject Property is owned by Janet L. Alsteen ("Owner"), who has consented to the Petitioner's application; and WHEREAS, the Subject Property is located in the C-3, General Commercial District, in which zoning district the operation of Child Care Centers is permitted only with a Conditional Use Permit; and WHEREAS, the Petitioner's application was referred by the Department to the Zoning Board of Appeals of the City of Des Plaines ("Board") within fifteen (15) days after the receipt thereof; and WHEREAS, within ninety (90) days from the date of the Petitioner's application a public hearing was held by the Board on May 28, 2013 pursuant to notice published in the Daily Herald on May 11, 2013; and WHEREAS, notice of the public hearing was mailed to all property owners within 300 feet of the Subject Property; and WHEREAS, during the public hearing, the Board heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the applicable provisions of the Zoning Ordinance. The Board filed a written report with the City Council on May 28, 2013, summarizing the testimony and evidence received by the Board and stating the Board's recommendation, by a vote of 6-0, to approve the Petitioner's application; and WHEREAS, the Petitioner made certain representations to the Board with respect to the proposed conditional use, which representations are hereby found by the City Council to be 1 Page 40 of 50 material and upon which the City Council relies in granting this request for a Conditional Use Permit subject to certain terms and conditions; and WHEREAS, the City Council has considered the written report of the Zoning Board of Appeals, together with the applicable standards for Conditional Use Permits set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated May 30, 2013, and has determined that it is in the best interest of the City and the public to grant the Petitioner's application in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part hereof, the same constituting the factual basis for this Ordinance. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 1 IN BLOCK 13 IN THE H. M. CORNELL CO'S CUMBERLAND, A SUBDIVISION OF THE SOUTH V2 OF THE SOUTHEAST % OF THE SOUTHEAST''/ OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THAT PART OF THE EAST V2 OF THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTER LINE OF SEEGER'S ROAD CALLED ELK GROVE ROAD, AND A RESUBDIVISION OF LOTS 1 AND 8 IN SEEGER'S SUBDIVISION OF PART OF THE SOUTH Y2 OF FRACTIONAL SECTION 7, AND PART OF THE NORTH %2 OF FRACTIONAL SECTION 18, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SMD CUMBERLAND AS CORRECTED BY SURVEYORS CERTIFICATE OF CORRECTION FILED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, AS DOCUMENT NUMBER 594999 IN COOK COUNTY, ILLINOIS. PIN: 09-18-201-025-0000, 09-18-201-026-0000, 09-18-201-027-0000 Commonly known as 88 Broadway Street, Des Plaines, Illinois SECTION 3. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 3 of this Ordinance, the City Council hereby grants the Petitioner a Conditional Use Permit to allow for the operation of a 2 Page 41 of 50 Child Care Center on the Subject Property. The conditional use granted by this Ordinance is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code, 65 ILCS 5/11-13-25. SECTION 4. CONDITIONS. The Conditional Use Permit granted in Section 2 of this Ordinance shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and plans, except for minor changes and site work approved by the Director of the Department of Community and Economic Development in accordance with all applicable City codes, ordinances, and standards, including, without limitation, Sections 3.4-8, "Limitations on Conditional Uses," and 3.4-9, "Effect of Approval," of the Zoning Ordinance. 1. That certain "Site Plan" prepared by Share Care Daycare, consisting of one sheet, and dated May 7, 2013, attached to, and by this reference made a part of, this Ordinance as Exhibit A, and as revised pursuant to, and in strict accordance with, Section 3.B.1 of this Ordinance, which revisions shall be incorporated into this Ordinance as if attached hereto upon acceptance of the revisions by the Director of the Department and the Director of the Public Works and Engineering Department, all as set forth in Section 3.B.1 of this Ordinance; and 2. That certain "Floor Plan, Schedules, Details & Notes" prepared by Share Care Daycare, consisting of one sheet, and dated April 1, 2013, attached to, and by this reference made a part of, this Ordinance as Exhibit B. B. Additional Conditions. The development, use, and maintenance of the Subject Property shall be subject to and contingent upon the following additional conditions: 1. Prior to the issuance by the Department of the Conditional Use Permit, the Petitioner shall submit a revised site plan depicting shrubs within an area with a five foot minimum depth to separate the south parking lot from the sidewalk to the satisfaction of the Director of the Department and the Public Works and Engineering Department. The maximum height of the shrubs shall be two feet above the driveway/sidewalk height. 3 Page 42 of 50 2. Prior to occupancy of the Subject Property by Petitioner, the bush at the southeast corner of the building located at 88 Broadway Street in the City shall be cut to a maximum height of 2 -feet above the driveway/sidewalk height to preserve the sight line between the driveway and the sidewalk. 3. At all times, the proposed outdoor play area shall be fenced, and use of the outdoor play area shall be limited to not more than one child per 75 square feet of outdoor play area at any one time. SECTION 5. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of this Ordinance is allowed to remain in effect shall constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees. B. In the event that the Petitioner fails to develop or maintain the Subject Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the conditions set forth in Section 3 of this Ordinance, the Conditional Use Permit granted in Section 2 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 4.7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed 4 Page 43 of 50 solely by the regulations of the C-3 General Commercial District. Further, in the event of such revocation of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. The Petitioner acknowledges that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice and hearing required by Section 4.7 of the Zoning Ordinance is provided to the Petitioner. SECTION 6. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law, 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioner of evidence, in a form acceptable to the City's General Counsel, that the Petitioner has acquired fee simple title to the Subject Property; 4. the filing with the City Clerk by the Petitioner, not less than 60 days after the passage and approval of this Ordinance, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached to, and by this reference made a part of, this Ordinance as Exhibit C; and 4. at the Petitioner's sole cost and expense, the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate, with the Office of the Cook County Recorder. Page 44 of 50 B. In the event that the Petitioner does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 6.A.4 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 7. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] 6 Page 45 of 50 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK ACTING MAYOR Published in pamphlet form this Approved as to form: day of , 2013. CITY CLERK Peter M. Friedman, General Counsel I, , being the owner or other party in interest of the property legally described within this Ordinance, having read a copy of the Ordinance, do hereby accept, concur and agree to develop and use the Subject Property in accordance with the terms of this Ordinance. Dated: (Signature) LegallOrdlSpecial CU1DP-Ordinance Approving a Conditional Use for Share Care Daycare 88 Broadway Street #23424171 vl 7 Page 46 of 50 SITE SIGN UNDER SEPARATE PEIMUT 1 SITE SIGN SCALE r•r0 2 NOT USED VALE /OE / / EXISTING •y SITE SIGNUNDER / GAS VALVE SEPARATE PERUR / E%1STING NEW S�•rt SIG`L \ SEE DETAIL � / � SIGN v SPi 0} PROPERTY s \ Q �O 0r 0 SIGN ASPHALT PAVEMENT / / / / 3 ELEC METER ASPHALT WALK PROPERTY UNE 4.5 NEW ADA RAM' 1 s Put — PPE ASPHALT PAVEAENT ONE NAY UNE ONE WAY z 5 a w 1- I NH1EN APRON TO HFI. AT WALT[ — METAL CAP SIGN PROPERTY UNE SIGN ATTACHED TO WALL CONC. ONE STORY VINYL SIDED / / / / / / / SITE PLAN TWO STORY MASONRY PROPOSED— \• GRASS AREA PROPERTY LINE •\ ' LOT 2 PROPERTY UNE TWO STORY BRICK N0. 70 cr.crr ey u NEMO SOLE r. 07 A SP1.0 Exhibit A Page 47 of 50 nQYCflRT t } `_...., REGISTRATION NOW OPEN �`-•- cm. MST OWflOST-f !sem_ 1 SITE SIGN SCALE r•r0 2 NOT USED VALE /OE / / EXISTING •y SITE SIGNUNDER / GAS VALVE SEPARATE PERUR / E%1STING NEW S�•rt SIG`L \ SEE DETAIL � / � SIGN v SPi 0} PROPERTY s \ Q �O 0r 0 SIGN ASPHALT PAVEMENT / / / / 3 ELEC METER ASPHALT WALK PROPERTY UNE 4.5 NEW ADA RAM' 1 s Put — PPE ASPHALT PAVEAENT ONE NAY UNE ONE WAY z 5 a w 1- I NH1EN APRON TO HFI. AT WALT[ — METAL CAP SIGN PROPERTY UNE SIGN ATTACHED TO WALL CONC. ONE STORY VINYL SIDED / / / / / / / SITE PLAN TWO STORY MASONRY PROPOSED— \• GRASS AREA PROPERTY LINE •\ ' LOT 2 PROPERTY UNE TWO STORY BRICK N0. 70 cr.crr ey u NEMO SOLE r. 07 A SP1.0 Exhibit A Page 47 of 50 Exhibit B FLOOR PLAN GENERAL NOTES Y.R,1i4 EZU 4e RTfiOCtlWR010,51 Im MO/ WISPIPAt• t.. i..n.615..1 DSE 751,CCO 4D.0 CC `MOM A IALI.OW0t00A50A'ata'r *VIP O',w.080100011 5..A00a1LE0tRfO1COP.O1PWPA2 Kai Wit 0R'06•010. 01E5p r,4[ • m17CR i •5.10.025 511MESIAOfE15005AtO.010. 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' • .0 0604 • r-rtit .i -.•- PARTITION SCHEDULE MIN 1111MY•WA5.510YtF VIN/111.111111111MINOM10.011•KOMIL MOS Y • Maly Mantel OM c. Oto moot ID OW. '0 013-14 WM lb Al Page 48 of 50 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("City"): WHEREAS, Shalah Ranjbar ("Petitioner") is the contract purchaser of the property commonly known as 88 Broadway Street, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Petitioner has applied to the City of Des Plaines for a Conditional Use Permit to allow for the operation of a childcare center on the Subject Property pursuant to Section 7.3-6.0 of the City of Des Plaines Zoning Ordinance of 1998, as amended ("Conditional Use Permit"); and WHEREAS, the Subject Property is owned by Janet L. Alsteen, who has consented to the Petitioner's application; and WHEREAS, the Subject Property is located within the C-3 General Commercial District, in which the operation of childcare centers is allowed only pursuant to a Conditional Use Permit; and WHEREAS, Ordinance No. Z- -13 adopted by the City Council of the City o1 Des Plaines on , 2013 ("Ordinance"), grants approval of the Conditional Use Permit, subject to certain conditions; and WHEREAS, Petitioner desires to evidence to the City its unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance, and the Petitioner desires to evidence its consent to recording the Ordinance against the Subject Property upon obtaining fee simple title thereto; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1. Petitioner shall, and does hereby, unconditionally agree to, accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z- -13, adopted by the City Council on , 2013. 2. Petitioner acknowledges and agrees that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Property, and that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure Petitioner against damage or injury of any kind and at any time. 10 Exhibit C Page 49 of 50 3. Petitioner acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the procedures required by Section 4.7 of the City's Zoning Ordinance are followed. 4. Petitioner agrees to and does hereby hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers. employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioner of its obligations under this Unconditional Consent and Agreement. 5. Petitioner shall, and does hereby agree to, pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Consent and Agreement. These expenses shall include all out-of- pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. ATTEST: SHALAH RANJBAR By: By: SUBSCRIBED and SWORN to before me this day of ,2013. Notary Public 11 Exhibit C Page 50 of 50 UNFINISHED BUSINESS AS AMENDED CALL TO ORDER: ROLL CALL: Unfinished Business Item #1 a MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, MAY 20, 2013 The regular meeting of the of Des Plaines, Illinois, Mayor Bogusz at 6:05 p.m. Memorial Council Chambers, on Monday, May 20, 2013. City Council of the City was called to order by in the Eleanor Rohrbach Des Plaines Civic Center Roll call indicated the following aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Waster., Sojka, Charewicz. Alderman Haugeberg arrived in Executive Session at 6:15 p.m. Also present were: City Manager Bartholomew, Director of Finance Wisniewski, Police Chief Kushner, Fire Chief Wax, Director of Public Works & Engineering Oakley, Director of Human Resources Earl, Senior Planner MangU.m and General Counsel Friedman. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE COMMITTEE ON Chairman Sayad presented COMMITTEES: Committees as follows: BUILDING CODE Chairman - Rodd Vice Chairman - Robinson Me:rber - Sojka COMMUNITY SERVICES Chairman - Robinson Vice Chairman - Sojka Member - Rodd FINANCE & ADMINISTRATION_ Chairman - Sayad Vice Chairman -- Brookman Member - Charewicz PUBLIC SAFETY Chairman - Haugeberg Vice Chairman - Wa�sten Member - Sayad his list of Committee on COMMUNITY DEVELOPMENT Chairman - Walsten Vice Chairman - Haugeberg Member - Brookman ENGINEERING Chairman - Charewicz Vice Chairman - Rodd Member - Walsten LEGAL & LICENSING Chairman - Brookman Vice Chairman - Sayad Member - Haugeberg PUBLIC WORKS Chairman - Sojka Vice Chairman - Charewicz Member - Robinson Moved by Walsten, seconded by Charewicz, to accept the list of Committee on Committees as presented by Chairman Sayad. Motion declared carred. Alderm n Robinson voted no. 5/20/13 PAGE TWO MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. COMMITTEE ON Moved by Sayad, seconded by Walsten, to concur with COMMITTEES: consensus of Committee of the Whole to accept the list of Committee on Committees as presented by Chairman Sayad. Motion declared carried. Alderman Robinson voted no. EXECUTIVE Moved by Brookman, seconded by Walsten, to go into SESSION: Executive Session to discuss Pending Litigation. Upon roll call, the vote was: AYES: 7 -Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 1-Haugeberg Motion declared carried. PRAYER AND PLEDGE: The City Council recessed at 6:09 p.m. The City Council reconvened at 7:00 p.". Roll call indicated the following Aldermen present: Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz. The opening prayer was given by Ms. Roberta Hemmati of the Baha'i Community, followed by the Pledge of Allegiance to the Flag. PROCLAMATION: Mayor Bogusz presented a Mayoral proclamation to Mr. James Hajost declaring May 22, 2013 as James Hajost Day, in honor of retirement as Orchestra Teacher at Chippewa Middle School. CONSENT Moved by Walsten, seconded by Robinson, to establish AGENDA: a Consent Agenda except for Items 5, 11 and lla. Motion declared carried. Moved by Walsten, seconded by Charewicz, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Sayad, Brookman, Walsten, Wilson, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Staff recommendations and requests were approved; Resolutions R-86-13, R-93-13, R-87-13 and R-88-13 in were adopted; and Ordinance Z-7-13 was adopted. MINUTES: Consent Agenda MINUTES/ MAY 6. 2013: AWARD BID/ DIGEST PRINTING: Resolution M-86-13 AGREEMENT/ TRAIN STN. REMODEL ARCHITECTURAL SVCS.: Consent Agenda 5/20/13 PAGE THREE Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 4, 2013. Motion declared carried as approve unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held March 18, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 1, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held April 15, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to approve minutes of the Executive Session of the City Council held May 6, 2013. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Walsten, to approve minutes of the Regular Meeting of the City Council held May 6, 2013. Motion declared carried. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to award bid for the printing of the Des Plaines Digest for 2014, 2015 and 2016 to the lowest bidder, Presstech, 959 Lee Street, Des Plaines, IL 60016, in the amount of $2,600 for each of the three years, plus a $35.00 per page Typesetting Charge and a $90.00 (per edition) Delivery Charge - Budgeted Funds; and further recommend to adopt Resolution R-86-13, A RESOLUTION APPROVING AN AGREEMENT WITH PRESS TECH, INC. FOR THE PRINTING AND DISTRIBUTION OF THE DES PLAINES DIGEST. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Charewicz, to concur with Staff recommendation to approve agreement for Additional Scope of Services with Architectural Consulting Group, Ltd., 303 N. Northwest Highway, Suite 205, Barrington, IL 60010 for the inspection and oversight of the Downtown Des Plaines Train Station Remodel in not -to -exceed amount of $25,000 - 5/20/13 PAGE FOUR Resolution Budgeted Funds; and further recommend to adopt R-93-13 Resolution R-93-13, A RESOLUTION APPROVING AN AGREEMENT WITH ARCHITECTURAL CONSULTING GROUP, LTD. FOR CONSTRUCTION OBSERVATION SERVICES FOR THE REMODELING OF THE DOWNTOWN DES PLAINES TRAIN STATION. Motion declared carried as approved unanimously under Consent Agenda. LEASE AGR./ Moved by Walsten, seconded by Charewicz, to concur POSTAGE with Staff recommendation to approve a five (5) year MACHINE: Mailing Machine Lease to the lowest qualified bidder, Consent Pitney Bowes, Inc., 2200 Western Court, Lisle, IL Agenda 60532, in the amount of $20,900.40 - Budgeted Funds; and further recommend to adopt Resolution R-87-13, A Resolution RESOLUTION APPROVING A 60 -MONTH LEASE WITH PITNEY R-87-13 BOWES, INC. FOR A POSTAGE MACHINE. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Walsten, seconded by Charewicz, to concur LEAK with Staff recommendation to award bid for the 2013 DETECTION: Water System Leak Detection Project to the lowest Consent responsible Bidder, Wachs Water Services, 801 Asbury Agenda Drive, Buffalo Grove, IL 60089, in the amount of $30,000.00 - Budgeted Funds; and further recommend to Resolution adopt Resolution R-88-13, A RESOLUTION APPROVING AN R-88-13 AGREEMENT WITH WACHS VALVE AND HYDRANT SERVICES, LLC FOR LEAK DETECTION SERVICES. Motion declared carried as approved unanimously under Consent Agenda. AWARD BID/ Moved by Walsten, seconded by Robinson, to concur STREET & with Staff recommendation to award bid for the 2013 UTILITY CIP/ Capital Improvement Program Street & Utility CONTRACT A : Improvments - Contract A to the lowest responsible Bidder, Orange Crush, LLC, 321 South Center Street, Resolution Hillside, IL 60162, in the amount of $3,176,657.50 - R-89-13 Budgeted Funds; and further recommend to adopt Resolution R-89-13, A RESOLUTION APPROVING AN AGREEMENT WITH ORANGE CRUSH, LLC FOR STREET AND UTILITY IMPROVEMENTS AS PART OF THE 2013 CAPITAL IMPROVEMENT PROGRAM - CONTRACT A. Motion declared carried as approved unanimously under Consent Agenda. RE -APPOINT- Moved by Walsten, seconded by Charewicz, to approve MENTS: Mayoral reappointments as follows: Consent SPECIAL EVENTS COMMISSION Agenda Richard Prochenski, term to expire August 31, 2017 Linda Forman, term to expire August 31, 2017 Thomas Christiansen, term to expire August 31, 2017 Lucille Adamick, term to expire August 31, 2016 Linda Wojcik, term to expire August 31, 2015 Carol Shannon, term to expire August 31, 2015 1 5/20/13 PAGE FIVE APPOINTMENTS: Moved by Walsten, seconded by Charewicz, to approve Consent Mayoral appointments as follows: Agenda SPECIAL EVENTS COMMISSION Beth Pauze, term to expire August 31, 2016 Candy Anne Cole, term to expire August 31, 2014 Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE Moved by Walsten, seconded by Charewicz, to adopt Z-7-13/ Ordinance Z-7-13, AN ORDINANCE AUTHORIZING TEXT ZONING AMENDMENTS TO TABLE 7.2-1, "RESIDENTIAL DISTRICTS USE TEXT AMEND. MATRIX,' TABLE 7.3-1, "COMMERCIAL DISTRICT USE Consent MATRIX," TABLE 7.4-1, "MANUFACTURING DISTRICTS USE Agenda MATRIX," ARTICLE 3.6-5 A., "MINOR VARIATIONS," AND ARTICLE 13.3, "DEFINITIONS" OF THE CITY OF DES PLAINES ZONING CODE. Motion declared carried as approved unanimously under Consent Agenda. MAYOR BOGUSZ DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Sayad, Chair WARRANT Moved by Haugeberg, seconded by Charewicz, to REGISTER: recommend to the City Council approval of the May 20, 2013 - Warrant Register, in the total amount of $5,618,774.91; and further recommend that Resolution R-90-13 be adopted at appropriate time this evening. Motion declared carried. COMMUNITY DEVELOPMENT - Alderman Walsten, Chair 6b CLASS./ Director Of Community and Economic Development 530 SANTA ROSA Alexander Dambach reviewed his memo of May 9, 2013, DRIVE: regarding a request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, to support and consent to the approval of a Class 6B Classification. Robert Conway, President of Charles Equipment Energy Systems; Jack Weiner, Financial Consultant; Attorneys Anthony Ochs and Peter Tsantilis of Listen & Tsantilis answered questions from the Aldermen Moved by Sayad, seconded by Robinson, to concur with recommendation of the Economic Development Commission and Staff, to support and approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 6B Classification; and further recommend that Resolution R-91-13 be adopted at appropriate time this evening. Motion declared carried. 5/20/13 PAGE SIX COND. USE/ Director of Community & Economic Development Dambach 2300 MANNHEIM reviewed his memo of May 2, 2013, regarding a ROAD: Conditional Use Permit under Section 7.3-6-C of the Zoning Ordinance to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District. Mr. Nathan Sevener, Soundscape Engineering, Angel Spyratos, Attorney, George Prosi, Architect and Brian Homans, Shiner & Associates all addressed the City Council and answered questions from the Aldermen. Alderman Walsten stated that each member of the public will be given four (4) minutes to speak to the issue. Motion by Brookman, seconded by Rodd, to increase the time limit to speak to the issue to ten (10) minutes. Motion declared failed. Aldermen Rodd, Sojka and Brookman voted aye. Aldermen Haugeberg, Robinson, Sayad, Walsten, Charewicz voted nay. The following residents spoke against granting the Conditional Use request by the Fountain Blue. Vince Naccarato, 486 Cordial Drive Madulo Montes, 2210 Pine Street Pablo Montes, 2210 Pine Street Dorothy Sarno, 2240 Chestnut Theodore, 9259 Osceola, Niles Ron Larson, 885 Hoffman Parkway Sandra Dillon, 2251 Pine Street Bill Dillon, 2251 Pine Street The following spoke in favor of granting the Conditional Use request by the Fountain Blue. Steve Bader, Owner, Radisson Hote1,1450 E. Touhy Ave. Kai Chow, Manager, Radisson Hotel, 1450 E. Touhy Ave. Moved by Haugeberg, seconded by Walsten, to recommend to the City Council, re Case #13 -003 -CU, to approve Conditional Use permit, for one (1) year, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions. 5/20/13 PAGE SEVEN 2300 MANNHEIM Moved by Charewicz, seconded by Haugeberg, to adopt a (Cont'd.) SUBSTITUTE motion to recommend to the City Council, re Case #13 -003 -CU, to approve Conditional Use permit, for eighteen (18) months with a June 30, 2013 start date, and authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District with conditions; and Condition #9 be amended to allow amplified sound limited to between the hours of 8:00 a.m. to 12:00 a.m. Upon roll call, the vote was: AYES: 5-Haugeberg, Rodd, Sayad, Walsten, Charewicz NAYS: 3 -Robinson, Brookman, Sojka ABSENT: 0 -None Motion declared carried. Moved by Brookman, to refer the Conditional Use back to Staff. DIED for lack of a second. MAYOR BOGUSZ ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. ORDINANCE Alderman Sayad stated that this item was tabled back M-4-13/ in February and was never taken off the table. WATER RATE General Counsel Friedman summarized the history of INCREASE: the 2013 Water Rate Increase. Moved by Charewicz, seconded by Robinson, to take from the table, the issue of the 2013 Water Rate Increase and Ordinance M-4-13. Upon roll call, the vote was: AYES: 5-Haugeberg, Robinson, Rodd, Sojka, Charewicz NAYS: 3-Sayad, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Moved by Charewicz, seconded by Robinson, to approve the 15% City of Chicago water rate increase; and place on First Reading Ordinance M-4-13, AN ORDINANCE AMENDING TITLE 9, "PUBLIC UTILITIES," CHAPTER 1, "WATER SYSTEM REGULATIONS," SECTION 7, "RATES," OF THE DES PLAINES CITY CODE. Upon roll call on the original motion, the vote was: AYES: 5 -Robinson, Rodd, Sojka, Charewicz, Bogusz NAYS: 4-Haugeberg, Sayad, Brookman, Walsten ABSENT: 0 -None Motion declared carried. Ms. Candee Cole, 1530 Pennsylvania, addressed the City Council stating that she supports the pas through increase and appreciates this discussion. 5/20/13 PAGE EIGHT WARRANT Moved by Sayad, seconded by Haugeberg, to concur with REGISTER: recommendation of Committee of the Whole to adopt Resolution R-90-13, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-90-13 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $5,618,774.91. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. 6b CLASS./ Moved by Walsten, seconded by Robinson, to concur 530 SANTA ROSA with recommendation of Committee of the Whole to DRIVE: approve request by Charles Equipment Energy Systems LLC, 530 Santa Rosa Drive, Class 6B Classification; and adopt Resolution R-91-13, A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 530 SANTA ROSA DRIVE. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Rodd, Sayad, Brookman, Walsten, Sojka, Charewicz NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COND. USE/ Moved by Walsten, seconded by Robinson, to concur 2300 MANNHEIM with recommendation of Committee of the Whole, re ROAD: Case #13 -003 -CU, to approve Conditional Use permit to authorize the expansion of a Banquet Hall with a fabric structure in the C-3 District; and further recommend that General Counsel prepare appropriate ordinance. Upon roll call, the vote was: AYES: 6-Haugeberg Robinson, Rodd, Sayad, Walsten, Charewicz NAYS: 2 -Brookman, Sojka ABSENT: 0 -None Motion declared carried. TOUR DE Mr. Robert Lundberg, American Bicycle Racing, VILLAS: addressed the City Council and answered questions regarding the 4th Annual "Tour De Villas" Neighborhood Resolution Bicycle Races on the streets of East Grant Road and R-92-13 West Grant Road scheduled to be held on June 29, 2013. 5/20/13 PAGE NINE R-92-13 Moved by Rodd, seconded by Robinson, to adopt (Cont'd.) Resolution R-92-13, A RESOLUTION APPROVING THE PERFORMANCE BY THE CITY OF CERTAIN SERVICES IN SUPPORT OF THE 2013 "TOUR DE VILLAS" BICYCLE RACES. Upon roll call, the vote was: AYES: 6 -Robinson, Rodd, Sayad, Brookman, Walsten, Sojka NAYS: 2-Haugeberg, Charewicz ABSENT: 0 -None Motion declared carried. ADJOURNMENT: Moved by Walsten, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:21 p.m. ancy P-6 son - DEPUTY CITY CLERK APPROVED BY ME THIS DAY OF , 2013 Matthew J. Bogusz, MAYOR CITY OF 11 7S 7S• DES PLAINES ILLINOIS Unfinished Business Item #2a City of Des Plaines Mayor's Office 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5301 Fax: 847-391-5451 MEMORANDUM Date: May 28, 2013 To: City Council From: Matthew J. Bogusz, Mayor Subject: Residency Requirement Issue: Consideration of removing the residency requirement from the City Code. Analysis: The current City Code requires that certain staff positions are required to maintain residency with in the City limits. Over the past few years as recruiting has become necessary the issue of residency continues to be a limiting factor during the search process. In the next few weeks the City will once again undertake a recruitment effort for a new Community Development Director. As this process begins, now is good time to consider the benefit of removing the residency requirement. Recommendation: Consider repealing the residency requirement. Attachment- M-12-13 Page 1 of 3 CITY OF DES PLAINES ORDINANCE M -12 - 13 AN ORDINANCE REPEALING SECTION 1-7-8 OF THE DES PLAINES CITY CODE. WHEREAS, the City of Des Plaines ("City") is a home rule municipal corporation m accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the City desires to repeal Title 1, "Administrative," Chapter 7, "City Officials," Section 8, "Residency Requirement," of the City Code of the City of Des Plaines ("City Code"); and WHEREAS, the City Council has determined that it is in the best interest of the City to modify the City Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as fmdings of the City Council. SECTION 2: REPEALER. Title 1, "Administrative," Chapter 7, "City Officials," Section 8, "Residency Requirement" of the City Code, shall be, and is hereby, repealed in its entirety and reserved for future use. SECTION 3: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication m pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 1 Page 2 of 3 PASSED this day of , 2013 APPROVED this day of , 2013 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2013 CITY CLERK Peter M. Friedman, General Counsel #23211439_v1 Page 3 of 3 MYOF Unfinished Business Item #3a City of Des Plaines Community Development Planning & Zoning Division DES PLAINES 1420 Miner Street ILLINOIS Des Plaines, .L 60016 Tel: 847-391-5306 Fax: 847-827-2196 MEMORANDUM Date: May 23, 2013 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Alexander Dambach, A1CP, PP, Director of Community and Economic Development S.tbject: Conditional Use Permit, 2300 Mannheim Road, Case # 13 -003 -CU Issue: The petitioner is requesting a Conditional Use Permit under Section 7.3-6-C of the 1998 Des Plaines Zoning Ordinance, as amended, to authorize the expansion of a Banquet Hall Conunercial Indoor Recreation - Dance Hall) within a fabric structure in the C-3 District. Analysis: At its May 20, 2013 meeting the City Council directed staff to prepare an ordinance to approve the request for a Conditional Use permit for the expansion of a Banquet Hall (Commercial Indoor Recreation — Dance Hall) within a fabric tent structure in the C-3 Zoning District. subject to conditions. Recommendation: The City Council should approve the Ordinance (Z-14-13) to approve the requested Conditional Use Permit at 2300 Mannheim Road, subject to conditions. Exhibits: Ordinance (Z-14-13) for the approva: of the Conditional L se Permit. Page 1 of 17 CITY OF DES PLAINES ORDINANCE Z -14 - 13 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A COMMERCIAL INDOOR RECREATION BANQUET FACILITY IN THE C- 3 DISTRICT AT 2300 MANNHEIM ROAD, DES PLAINES, ILLINOIS. (CASE #13 -003 -CU). WHEREAS, an application was made by Diamond Holdings I, LLC ("Petitioner") to the City of Des Plaines' Department of Community and Economic Development for a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within a tent structure pursuant to Section 7.3-6 C. of the Zoning Ordinance at the Subject Property commonly known as 2300 Mannheim, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by the Petitioner; and WHEREAS, the Subject Property is located in the C-3, General Commercial District and is legally described in Exhibit A attached to, and by this reference, made a part of this Ordinance; and WHEREAS, the Petitioner currently operates a banquet facility on the Subject Property and has constructed a 60 foot by 100 foot tent structure ("Tent") that serves as an expansion of the Petitioner's existing banquet facility; and WHEREAS, on January 18, 2011, the City Council adopted Ordinance Z-3-11, granting a limited term Conditional Use Permit to allow the Petitioner to maintain and operate the Tent on the Subject Property for a period of two years subject to extensive and detailed conditions; and WHEREAS, prior to the expiration of Ordinance Z-3-11, the Petitioner submitted its application to the City to allow the Tent to remain in place and continued to be operated as a Commercial Indoor Recreation Banquet Facility pursuant to Section 7.3-6 of the Zoning Ordinance; and WHEREAS, within fifteen (15) days of the receipt thereof, the Petitioner's application was referred by the Department of Community and Economic Development to the City's Zoning Board of Appeals; and WHEREAS, within ninety (90) days from the date of said application, a public hearing was held by the Zoning Board of Appeals on March 12, 2013 pursuant to notice published in the Des Plaines Journal on February 8, 2013, and WHEREAS, notice of the public hearing was mailed to all property owners within 300 Page 2 of 17 feet of the Subject Property; and WHEREAS, during the public hearing, the Zoning Board of Appeals heard competent testimony and received evidence with respect to how the Petitioner intended to satisfy and comply with the provisions of the Zoning Ordinance. The Zoning Board of Appeals failed to recommend approval of the Petitioner's application by a vote of 2-5; and WHEREAS, the City Council has considered the written report of the Zoning Board of Appeals, together with the applicable standards for Conditional Use Permits set forth in the Zoning Ordinance, and the Community and Economic Development Staff Memorandum dated May 2, 2013, and has determined that it is in the best interest of the City and the public to grant the Petitioner's application for a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within the Tent on the Subject Property in accordance with the provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County Illinois, in the exercise of its home rule powers, as follows: SECTION 1. RECITALS. The recitals set forth above are incorporated herein by reference and made a part i sereof, the same constituting the factual basis for this Ordinance. SECTION 2. CONDITIONAL USE PERMIT. Subject to and contingent upon the conditions, restrictions, limitations and provisions set forth in Section 3 below, the City Council hereby grants the Petitioner a Conditional Use Permit to allow for the expansion of a Commercial Indoor Recreation Banquet Facility within the Tent on the Subject Property. The conditional use granted herein is consistent with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal Code. 65 ILCS 5/11-13-25. SECTION 3. CONDITIONS. The Conditional Use Permit granted in Section 4 above shall be, and is hereby, expressly subject to and contingent upon the following conditions, restrictions, limitations, and provisions: A. Compliance with Plans and Codes. The development, use, and maintenance of the Subject Property shall be in strict compliance with the following documents and pians, except for minor changes and site work approved by the Director of Community and Economic Development in accordance with all applicable City codes, ordinances, and standards, including, Page 3 of 17 without limitation, Sections 3.4-8 "Limitations on Conditional Uses" and 3.4-9 "Effect of Approval" of the City's Zoning Ordinance: 1. That certain "Proposed Tent Floor Plan" prepared by Prosi Design, Inc., dated June 21, 2010, attached as Exhibit B and, by this reference, made a part of this Ordinance; 2. Those certain "Existing Building Floor Plans" prepared by Prosi Design, Inc., and dated January 22, 2013, attached as Exhibit C and, by this reference, made a part of this Ordinance; and 3. That certain "Aerial photograph with proposed wall location" submitted on January 17, 2013, attached as Exhibit D and, by this reference, made a part of this Ordinance. B. Additional Operational Conditions. The maintenance and operation of the Tent on the Subject property expressly subject to and contingent upon the following conditions: 1. An annual inspection of the Tent will be performed by the manufacturer or seller of the Tent, between April 1st and 15t of each year with representatives from the City's Community and Economic Development Department and Fire Department staff present. The Petitioner will pay the City, no later than January 15tn of each year, an annual fee of $250.00 to cover the City's costs associated with this inspection. 2. A minimum of two employees must be present at each event held in the Tent who have received annual training in the use of fire extinguishers and can assist in the evacuation of guests. 3. No exit doors or paths in the Tent may be covered, or otherwise blocked from view or access. 4. No open flames, Sterno warmers, pyrotechnics, or candles may be used in the Tent at any time, with the sole permitted exception of "Unity Candles" at wedding receptions, which may only be kindled on a metal or other fire retardant surface, and must be extinguished immediately following the lighting ceremony. 5. No cooking may be conducted in the Tent. 6. All decorations and wall coverings must comply with the International Fire Code, as adopted and amended by the City. 7. The Petitioner will maintain the exterior of the Tent in a clean and undamaged condition at all times. Page 4 of 17 8. Prior to issuance of the Conditional Use Permit, the Petitioner will be required to post security in the form of a letter of credit acceptable to the City's General Counsel and in an amount sufficient to pay for the disassembly and removal of the Tent from the Subject Property in the event that the Tent falls into disrepair or is required to be removed from the Subject Property as a result of the expiration or revocation of the Conditional Use Permit. 9. The Tent may be used to host events only between the hours of 7:00 a.m. and midnight, with amplified sound limited to between the hours of 8:00 a.m. and midnight. 10. The live performance of music by bands or musicians is prohibited on any exterior portion of the Subject Property, including within the Tent. Only prerecorded music will be permitted to be played within the Tent. 11. The use of subwoofers is prohibited on any exterior portion of the Subject Property, including within the Tent. 12. The audio amplification system installed in the Tent must incorporate sound level limiters which will be set at the most restrictive level that still provides a satisfactory experience for guests on the Subject Property. 13. Prior to issuance of the Conditional Use Permit, sound meters with a visible indicator to warn when sound levels are exceeding a pre -established noise must be installed within the Tent. A commercial sound monitoring system equal or exceeding in quality a SoundEar II system must be used. 14. Prior to issuance of the Conditional Use Permit, the Petitioner will cause sound absorbing materials with a minimum noise reduction coefficient of 0.80 (NRC 0.80 min.) to be affixed to the exterior of the west wall of the building. 15. Prior to issuance of the Conditional Use Permit, the Petitioner will construct or cause to be constructed a sound barrier wall ("Barrier Wall") in the approximate location depicted in Exhibit D, that satisfies all of the following standards: (a) The Barrier Wall will be constructed with a sound absorbing finish on the side facing the Tent with a minimum noise reduction coefficient of 0.80 (NRC 0.80 min.) (b) The Barrier Wall will be constructed to provide a transmission loss (TL) of 20 dB or greater in all octave bands from 31.5 Hz to 4,000 Hz. (c) The Barrier Wall will be constructed using those materials and to a height from grade recommended by Shiner Associates that will result in a 6-7 dB sound level reduction. The Petitioner will, as a precondition for the issuance of any building permits for the Barrier Wall, provide the City Page 5 of 17 with construction plans for the Barrier Wall that conform with Shiner + Associates' recommendations. (d) Prior to issuance of the building permit for the sound barrier wall, the Zoning Administrator shall review and consider the exterior appearance of the Barrier Wall. 16. The Petitioner will be required to install all improvements necessary to comply with the conditions set forth in this Ordinance, including, without limitation, the construction of the Barrier Wall, no later than 120 days after the City Council's approval of this Ordinance. Failure to comply with this condition will result in the immediate enforcement of all applicable provisions of the Zoning Ordinance and the City Code. 17. The City Council shall reevaluate the conditions of this Ordinance pertaining to sound/noise levels one year following the effective date of this Ordinance and may require, at the Petitioner's sole cost and expense, the construction of additional sound mitigating site improvements, which may include, without limitation, a second sound barrier wall located directly to the south and east of the adjacent residential properties so as to provide additional reductions in sound levels of 10 dB or greater. The location of such additional improvements will be determined by a third party acoustical engineer taking into account property ownership. 19. Sound levels emitted from the Subject Property may not exceed the standards of Illinois Pollution Control Board at any residential property line as set forth in Part 901 of Chapter 1 of Subtitle H of Title 35 of the Illinois Administrative Code (Sound Emission Standards and Limitations for Property Line Noise Sources). SECTION 4. NONCOMPLIANCE. A. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance will be fined not less than seventy-five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00) for each offense. Each and every day that a violation of the Ordinance is allowed to continue on the Subject Property will constitute a complete and separate offense. In addition, the appropriate authorities of the City may take such other action as they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. That any person, firm or corporation violating the terms of Page 6 of 17 this Ordinance may be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees. B. In the event that the Petitioner fails to develop or maintain the Subject Property in accordance with the plans submitted, the requirements of the Zoning Ordinance, or the conditions of this Ordinance, the Conditional Use Permit granted in Section 2 of this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the City, all in accordance with the procedures set forth in Section 4.7 of the Zoning Ordinance. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the C-3 General Commercial District. Further, in the event of such revocation of the approval of the Conditional Use Permit, the City Manager and City's General Counsel are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances. The Petitioner acknowledges that public notices and hearings have been held with respect to the adoption of this Ordinance, has considered the possibility of the revocation provided for in this Section, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right, provided that the notice and hear required by Section 4.7 of the Zoning Ordinance is provided to the Petitioner. SECTION 5. BINDING EFFECT; NON -TRANSFERABILITY. The privileges, obligations, and provisions of each and every Section of this Ordinance are for the sole benefit of, and shall be binding on, the Petitioner, except as otherwise expressly provided in this Ordinance. Nothing in this Ordinance shall be deemed to allow this Ordinance to be transferred to any person or entity without a new application for approval for any person or entity other than the Petitioner. Page 7 of 17 SECTION 6. TERM. The Conditional Use Permit granted in Section 2 of this Ordinance shall automatically expire, and the use of the Tent must cease, on the date that is eighteen months after the City Council's approval of this Ordinance. SECTION 7. EFFECTIVE DATE. A. This Ordinance shall be in full force and effect only after the occurrence of the following events: 1. its passage and approval by the City Council in the manner provided by law; 2. its publication in pamphlet form in the manner provided by law; 3. the filing with the City Clerk by the Petitioner of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, and demonstrating the Petitioner's consent to its recordation. Said unconditional agreement and consent shall be in substantially the form attached as Exhibit E, and, by this reference, made a part of this Ordinance; and 4. the recordation of this Ordinance together with such exhibits as the City Clerk deems appropriate for recordation in the Office of the Cook County Recorder of Deeds. The Petitioner shall bear the full cost of such recordation. B. In the event that the Petitioner does not file with the City Clerk a fully executed copy of the unconditional agreement and consent referenced in Section 7.A.4 of this Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect. SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. [SIGNATURE PAGE FOLLOWS] Page 8 of 17 PASSED this day of , 2013. APPROVED this day of , 2013. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK Mayor Matthew Bogusz Published in pamphlet form this Approved as to form: day of , 2013. CITY CLERK Peter M. Friedman, General Counsel Page 9 of 17 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST i/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE 3`d PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH- WESTERLY LINE OF MANNHEIM ROAD AS CONDEMNED PER CASE NO 64-C-21263, WITH A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 24 THROUGH A POINT ON SAID WEST LINE 1848.13 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24 (AS MEASURED ALONG SAID WEST LINE); THENCE WESTERLY 451.948 FEET ALONG SAID PERPENDICULAR LINE TO THE POINT OF INTERSECTION WITH A LINE DRAWN PERPENDICULARLY TO THE NORTH LINE OF TOUHY AVENUE AS CONDEMNED PER CASE NO. 64-C-21263 SAID PERPENDICULAR LINE BEING DRAWN THROUGH A PINT ON SAID NORTH LINE OF TOUHY AVENUE 610.0 FEET WEST OF THE POINT OF INTERSECTION OF THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID TOUHY A VENUE WITH THE SOUTHEASTERLY EXTENSION OF THE AFORESAID SOUTHWESTERLY LINE OF MANNHEIM ROAD THENCE SOUTH ALONG THE LAST DESCRIBED PERPENDICULAR LINE, A DISTANCE OF 240.884 FEET TO A POINT 452.974 FEET (AS MEASURED ALONG THE LAST DESCRIBED PERPENDICULAR LINE) NORTH OF THE NORTH LINE OF SAID TOUHY AVENUE AS CONDEMNED PER CASE NO. 64-C- 21263, THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF TOUHY AVENUE 510.931 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF MANNHEIM ROAD, THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 277.84 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. Commonly known as 2300 Mannheim Road, Des Plaines, Illinois 60018 PIN: 09-29-403-008-0000 Exhibit A Page 10 of 17 Tent Floor Plan acre EXOTIC u0,?P0 3 -- C -0- _B r;+ rte •I 23TO 1 ID 1 ID 0 0 LO �7 Q C° \ CV00 4000 < ° ( D c 0, 1171) 000 0000 000`) _ O i B APrm.Rtttnr6°t„a,04 _ B _ C nmY•tr _ 1. y! 1 mral� i' '1 , • 1.0 �D :D r.D ID 00�tea° )o '>0�0 00 O 00 ) O 00 n0 (> 0 v0 0° GOOJ G pJ G 0� 000 MI▪ N F U DOUIM Putt ma D •%C 0 13 0 C �O v0O0 G�0 00 C.001013CA c) -4D 0 01 - 1c MA' COMM POLE IVII4 0:0401t:1 ewn rrP, _C J• 0 C FE.tOfrt ID 1 1 $ 1`I 1 ID D 1 1 H C r[nrtlwum Pot7 rry C ,aaa I /1_ 1, um OOW .0.11GC MIX i0 1 8 0 PROPOSED TENT PLAN C ' amoxnr Parc caw 01PROPOSED SITE PLAN r•ID Exhibit B rl II IIIII11 I I i 178 TOTAL ON SITE PARKING STALLS AVAILABLE. TENT POST ANCHORING SCHEDULE TYPE A TYPE B TYPE C TYPE D 8%0' DEPTH X 30' DIA. TOTAL 8 6,0' DEPTH X 30' DIA. TOTAL 28 4-0' DEPTH X 30' DIA TOTAL 8 CENTER POLES 4'-0' DEPTH X12" DIA. TOTAL 32 SIDE POLES) EXISTING PLI,MBING FIXTURE SCHEDULE EXISTING MENS SINKS 5 URINALS T TOILETS 4 1 EXISTING WOME'. SINKS TOILETS DRESSING ARE, SINKS TOILETS 4 4C: • Z U ° Z° —o ^Z V ° M 6 �/t Y O LY L Z CL i A-1 Page 11 of 17 Tent Floor Plan • 1 I] 0Q , vUOv vOOv vQaV `OD 00 ❑0�0 0( �j 0 0 0 O ILI ma . r �, 1/ +V71+ • S �. - • . • © p 2036 3 IOM 3i also afro/ -I' zaw • 'i'N,/o. 1,. 00110' ro a►-, =111..-21k 00111 71 1315C 501115• et (N7Fl01R-1 I 11181 041000M9 N 7NE 101010+11 11.007 -L� 0 r c l „oo„ �oo� �eo „eo� „1010 1010 uprt 0 73, 7. NOM 310 101000 :t TO 10-1 1Ol 4'. NON iF iM -IM5 APT 1 Q ) j(1/1/) 70. 9. NEW 300 -- 013C 144.3+;'40 laMo TO w -, I 104 P. NOM 700 rT Opl me 10101 ,1 11311 SUPPER Da - WO073.71/ ■Or ML MOE NCE OE MR AM 914E 3E 10 10;7 GOA MOP ROM MOW P3W 0311104 PM.4w00 D211Rr EXISTING MAIN SWITCNBOARO 2000A 170/24p,. m. a• C7 vo o Vv 200 3 P IO 3f 400A 3 P FPI 00-1 3010 7011 a" 0-2 04-11 04-111 30-3 !N-12 170-+ s-/3 01-20 00-5 SW -14 5I-21 00-44 SF10 77-2 !-,t SW -22 10-0 31-11 351-23 00-3 SW -111 2000A !'-24177-27 OtA4Y SINGLE LINE DIAGRAM 00101010000142 00 100 1100 • 1717152 /41 WW1 rh ELECTRICAL FLOOR PLAN h IA/6 MOM PMO (00 rrotcrs 2.0 0011101 IMAM --1 TOO 4003 0040117 STERN PILL. IC LOCATED 017 RE 0000!00 10.L NCO TO 114 COI 0001 A7 9031 ON RML 7447101 MOLL 200 10711 NON 31 04359.17E. 0010 OIE . TENT POWER CONTROL DIAGRAM 6 ORSEM . 01000700 10041 011110 1P 101 PM41.1 1 10104717 M - rpt PO*Lr -% Im.v PAWL� 1 (h FLOOR PLAN NOTES: OA0 0010@301' WAR 1291 TOM 70 MOAN 20 . P. /EWA H 91 LOCAL 09004167 301001. OAPI 0310710010 0000 170.. 7100 Y MAO( 010 3P ION 300 1007. 03034167 1077103. (0+11 01400.7. cable. 10111 COMM PROM .07t.7330 OP 4041 THE 070 5171R0730. 001001 10 TW 03 1007701 W P� 006003. 0113I�OOat 0*10=100000 0* 00 MEET OE CUM °UOLT Iq U3170 110.71FD AT 10 RFT 0007E DIE PPDO M00 01[ 91.r<0 11007 ,Y EPP( TIE (loom 8154 4070517117 1704 1041 1301 100 O 1107 13T.0703 07. 0071.03 9301 R OR 170010 11100 M0D6m 0010 070713E0 WA. MOOR 0000. 4091 10 31301E 00112170717 11010444.. WON 7- MOEN O0717 POLL 10 9f.>DR 010100100MN USW r, 9. N 3100 0010110 1100) 17E 300X7010 1107)00 *40 I1010701 *110107130 TO (P1 /MO -Ta 4OW. RPOI AMC. 700 300/03006 COMM 444 0001011 ROOT 01007,000010 IP 4(1110 120 TOO E/40C11.177. Mum 10 000 RICO OitE 011017 WE/211R PR000 DIO.= SEE 10010 04 MS 9107 10 10001 1730 077717 PM 01100 707 10 /0*1 7104 0110 *710 00.001! !MRL 10 000E 300710 PROM O/MO= MO 1711020 7001 IRON. ONO% OROW 04 SPED 00001010 O0 10 3T ON. a 112-0 10CIN 021310477 N00 O /COPPER 01700110 Qv 000/80 M 000 0 L 000 01 T 0.(1 7011077 10 1710 C110.00/4 150 L GEND AND FIXTURE SPECIRCA'IONS; GFCI GFCI e. • • perm woo opt wits•doecal *dot M asf10 t 00 ,P NroOIe,Uc e1104410 r tiR4reset W-IrtiR4 _13...e• slabenes-en0 I.e. OtlNw Oawb1M.N brn*404 100. R .44.01 ti 014.1 Ns wNM1Klre grade MY Atm, rani. M a to llle 10 raw 111110 1o/ So ...a Nada 07/0•40, 20/277 011000 7301 N. .+10017 010/00011.01. ra tud 0.1000....1100.00 3-1117 00.0 .w chew 1010-0101 0.0110 t amp rm (1M Cpl mo -Pito 1707701100 11vy.. 1011 ti 00 caw1 ne100.4 4.Mwr Pat 11101000 00mo eM 011110••2 Taw, 1715. 3707.0 t ••••••••••••1l!Ltea���eaa� leiq i Y9e« 321.4. 47 0. w1PI0tat .0104. ss -109 1000)00 e.. Nd 11010* 1001011110 Nene*Made ..bao/...Nle 1011 wMve•a 0000 IOY 101011.. 1101. / aurae.. 0 mat tram .e 101.1.1 10/0120/277 ..10001010 1100 1000 110.1000 pemem. 77010.6 3-1710 .10 110 darn, Pam- 2*1•4 .w4. • amp rm. r• 176 P0. -.Me 1.01067' *4* w ea 1 0101010 *410004 Sia 7.31. a 1311 • 615 00 M 4.440. Exhibit B Page 12 of 17 Existing Building Floor Plans o o O _ J 1 J v V ▪ o - d o Concrete Romp O C 00 tD 000 C- 0 000 ❑ 0 O L) C.0 0CCC))) ❑ VVV � � �O OTT'O Opo ° o° o�o Ov Q 0 °O 0 ❑ VE5T15VIt o�0 .0, C 00 c❑0 5,29 ± 5Q. FT O O❑O oo " DoGO a•� oa At 'opt? ocoo bo 000 o0 oco Opt .O. O * 0 • O • 00 O❑ IA? 11 - concrve retanulg wog POKR OEO: 50 R Stor F]tusda Q Pit n urcneu ,TORA(.e 4Z7 Y SO f3 Concrete Romp wie • • DRAGS 4R2A oo r7 ArrizNAEU 3093 ± 5 MAX, r do CUPg 08, 0 000 n� Ono 0 r, �0 O O o �O� X00 d\ -� J� Opp any o ° ❑o o o o 0 DR255u10 AREA rf P+: -t Wn I C FASTING FLOOR PLAN (MAX. OCCUPANCY) SWIM NORMANDY ROOM 3.633 ± 50. FT. MAX. OCCUPANCY 200 DP255w0 , Air0 COATS 200: 50. PT ATHENAEUM ROOM 3,093 ± 50. FT. MAX. OCCUPANCY 200 3 '9] : 50 R VERSAILLES ROOM 5.294 ± 50. FT. MAX. OCCUPANCY 400 0 0 �+G`J 5 000 •0• g :'. 00 Alio ?l s 0O63%3± Q. o, 01 4iANC1t Oak o °c gg _ O a o '❑ 00 o0'�c c o 0 O ❑OO O�a ° JO opo° OQo gg • crna 25.¢50 rt. 0 0 oo��o 000 0 f Exhibit C i i a 1101 WZ mZ § :(5:1 z�=in Lif Z N O co LL X W A -I Page 13 of 17 Existin&Building Floor Plans 1 ®® [J u 1x Concrete Ramp 0 !7 00 Q0 �_ O no o _offoq��-$ OO VER5AILttS ROOM 5,254 ± 50. FT. MIN. O INCY 1800p0 0 0 o�0 0 o ° 00 o 00 O 0 00 O �0 o 0 fO1eR • 050 250 FT Elevator it Pi; • �1 T stout NTplp, f rugAGe ■_72 n50.n 7 0.3 C.r7 Com,' OPfOENAEUM R0& 3053 ± 50. FT. MIN. OCCUPANCY 80 0 0-q0 �• — concrete r&anur3 war L r;rb Wn'L DQSTING FLOOR FLAN - (MIN. OCCUPANCY) S'.. -0. NORMANDY ROOM 3,633 ± 50. FT. MIN. OCCUPANCY 80 DRB%R,G .RCA 0 to 0.00 5AR Concrete Romp • • •` NORMANDY R••• • 3633 ± 50. FT. MIN. OCCUPANCY 80 0 C,9 fOKR 73 !O FT -1ffIQ - 50 rr CO�T5 20,0 50 rt ATHENAEUM ROOM 3,093 ± SQ. FT. MIN. OCCUPANCY 80 VERSAILLES ROOM 5.254 ± 50. FT. MIN. OCCUPANCY 180 TO$AG[ AICA 1 Fountain U a L 1 a CD CD Cot Exhibit C Page 14 of 17 Proposed Barrier Wall Location •NEW 14'-0" ISOUND WALL APPROX. 110' _NGTH. Exhibit D Page 15 of 17 EXHIBIT E UNCONDITIONAL AGREEMENT AND CONSENT TO: The City of Des Plaines, Illinois ("Ciry"): WHEREAS, Diamond Holdings I, LLC, a Delaware limited liability company ("Petitioner") has applied to the City of Des Plaines for a Conditional Use Permit to allow the expansion of a Commercial Indoor Recreation Banquet Facility within a tent structure pursuant to Section 7.3-6 C. of the Zoning Ordinance at the Subject Property commonly known as 2300 Mannheim, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the Subject Property is owned by the Petitioner; and WHEREAS, Petitioner currently operates a banquet facility on the Subject Property and has constructed a 60 foot by 100 foot tent structure ("Tent") that serves as an expansion of the Petitioner's existing banquet facility; and WHEREAS, the Subject Property is located within the C-3 General Commercial District, in which Commercial Indoor Recreational Banquet Facilities are allowed only by Conditional Use Permit; and WHEREAS, Ordinance No. Z-_-13 adopted by the City Council of the City of Des Plaines on , 2013 ("Ordinance"), grants approval of such Conditional Use Permit, subject to certain conditions, for the benefit of Petitioner; and WHEREAS, Petitioner desires to evidence to the City its unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance, and the Owner desires to evidence its consent to recording the Ordinance against the Subject Property; NOW, THEREFORE, Petitioner does hereby agree and covenant as follows: 1. Petitioner shall, and does hereby, unconditionally agree to, accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. Z-= 13, adopted by the City Council on , 2013. 2. Petitioner acknowledges and agrees that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the City's review and approval of any plans for the Subject Property, or the issuance of any permits for the use and development of the Subject Property, and that the City's review and approval of any such plans and issuance of any such permits does not, and shall not, in a ,y way, be deemed to insure Petitioner against damage or injury of any kind and at any time. 3. Petitioner acknowledges that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the Page 16 of 17 Exhibit E possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any deniak of any procedural right, provided that the procedures required by Section 4.7 of the City's Zoning Ordinance are followed. 4. Petitioner agrees to and does hereby hold harmless and indemnify the City, the City's corporate authorities, and all City elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the City's review and approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Subject Property, and (d) the performance by Petitioner of their obligations under this Unconditional Consent and Agreement. 5. Petitioner shall, and does hereby agree to, pay all expenses incurred by the City in defending itself with regard to any and all of the claims mentioned in this Unconditional Consent and Agreement. These expenses shall include all out-of- pocket expenses, such as attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the City. 6. Petitioner warrants and represents to the City that it owns fee simple title to the Subject Property and consents to the recording of the Ordinance against the Subject Property. ATTEST: DIAMOND HOLDINGS 1, LLC, a Delaware limited liability company By: By: Its: Its: SUBSCRIBED and SWORN to before me this day of , 2013. Notary Public Exhibit E Page 17 of 17 l NEW BUSINESS • New Business Item #3a CRY OF h u ` DEB PL.AtNES ILLINOIS City of Des Plaines Police Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax: 847-391-5463 MEMORANDUM Date: June 4, 2013 To: Michael G. Bartholomew, City Manager From: Deputy Chief Nick Treantafeles Subj: City Manager Authorization to Waive Fees subsequent to a Disaster Declaration Issue: During the June 3"r, 2013 City Council meeting, the City Council reached a consensus to place on the next agenda the authorization of the City Manager to waive fees after the declaration of a disaster. Analysis: The initial First Response to a disaster is the jjob of lora: government's emergency services. Mayors declare local emergencies for specific situations (naturat/man-made disasters, disease epidemics, severe energy shortages) when there is a serious threat to the safety of people and property. If a local government determines that effects of the emergency are beyond the capability of local resources to mitigate effectively, i.e. Public Works, Fire, Police, etc., the next step is to issue a declaration of local emergency. If a city's or a county's response capabilities are overwhelmed, or depleted, local officials may then request assistance from the Illinois Emergency Management Agency (IEMA). Attached to this memo is the IEMA handout for a disaster declaration process. Additionally, the State Statute defines a "disaster" as follows: 20 ILCS 3305/4 "D saster" means an ;:ccurrence or threat ^f widespread or severe damage, injury or joss of life or property resulting from any natural or technological cause, including but not limited to fire, flood, earthquake, wind, storm, hazardous materials spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, hostile military or paramilitary action, public health emergencies, or acts of domestic terrorism. The City of Des Plaines has had several disaster declarations over the years. Typically during the disaster declaration, the City Council has made a decision to wa ve ees (such as permit fees) related to such event in order to assist the residents and businesses yp ca y this occurs at the ee°ling following the disaster event itself. At times, the City Counci. meeting may occur two weeks after an event and therefore individuals who would require a permit to begin any work would still need to pay for the permit fees which would then be reimbursed after the City Council has authorized a refund or fee waiver. This process is not only burdensome on the resident/business owner but it creates additional work for staff to process payments and refunds. Page 1 of 7 Recommendation: For the City Council to approve the amendment to the City Code which provides the City Manager the authority to waive any fees related to a disaster event, for the area specifically affected by the disaster. Attachment: State of Illinois IEMA Disaster Declaration Process Ordinance M-15-13 Page 2 of 7 Jr - •i r IMO a NJ 1.1 Min Real-time disaster information and preparedness tips 'v v e Rt V C E • A r •C a 41 C v IIE I COa P htip://state.il.us/iema Bureau of Disaster Assistance and mm a o m 70 E .81 Z•o Q o LL 4-_0 E m y� co Lo E. Uc OE Oj07 �. o P. a c j Iv — U 0 O4 4- c m m 0 0 22 0 s72 43 U E❑ u 0,U i 1 n7� 13W W (JU. Public assistance applicants briefing a 1 Page 3 of 7 1 426(16 gEM 0 .Q W S .- c 2 • zLLYa m iez▪ OiE • e`g10 >$a0 if1:272 ° �Li.��Y 81IDEIE o c1 o ▪ �oEo wvc Sco 0. ovo ' mO EGt11" St Eaz boc ELS 0EB` SnICOttg 8smv� 18.43-g 244 3030;5 3 o� o£0 u mg2D °'SQ S1mh oma X1 114; °mm 1 11 !?1! Ili bl f8 !Lill"; ; 00.104206 b 6niii g Illn ais'° e WEI °§1:g 12gr:. a o2 n'ggi-g g;10,1 m� o 0 �ioc22 °v m 05 C Lq i igl.a. 18) 7;1u4i.eg 415 ilM1 Iltai 111111 iDili I11IIJ trni Mir Itin AEagl 2tAE12,6Aft Inif0111 c i!flh flab -4i Va D .ght20 SO: v Qv f 1 .. 8 41.ilaiia o 412„n1E0A2 iliilliall 3C E<m o3 froi tg2g°E v pm m132a °�°N m E t plgotzglgt 028-8m g°°§ g pis E a 821'4 ga Page 4 of 7 CITY OF DES PLAINES ORDINANCE M - 15 - 13 AN ORDINANCE AMENDING THE CITY CODE TO AUTHORIZE THE WAIVER OF CERTAIN CITY FEES IN THE EVENT OF DECLARED EMERGENCIES. WHEREAS, the City Council has determined that it is in the best interest of the City to confer certain emergency powers upon the City Manager during a declared emergency or disaster ("Disaster Event"); and WHEREAS, Section 2-5-11 of the City Code of the City of Des Plaines ("City Code") authorizes the City Manager, during a Disaster Event, to purchase and procure equipment, goods, and services necessary for the City to respond to, mitigate, and recover from the Disaster Event; and WHEREAS, at the June 3, 2013 meeting of the City Council, the City Council directed City staff to prepare this Ordinance authorizing the City Manager, during a Disaster Event, to also waive certain City fees as may be necessary to assist City residents, business owners, and property owners to respond to, mitigate, and recover from the Disaster Event; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the City Code as set forth in this Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Ordinance as findings of the City Council. SECTION 2: EMERGENCY EXPENDITURES AND WAIVER OF FEES. Title 2, "Boards and Commissions," Chapter 5, "Homeland Security and Emergency Management Page 5 of 7 Agency," Section 11, "Purchases And Expenditures," of the City Code is hereby deleted and replaced in its entirety and shall hereafter read as follows: 11 1 1' any disaster/emergency in city. distister-Iemerteftey7 2-5-11: PURCHASES AND EXPENDITURES; WAIVER OF FEES. Notwithstanding any other section of the city code, upon the issuance of a proclamation by the mayor declaring a disaster, as that term is defined by the Illinois Emergency Management Agency Act, 20 ILCS 3305/4, within the city, the city manager shall have the following emergency powers: 1• Purchases and Expenditures: The city manager may execute any documents approved by the general counsel and authorize any expenditures necessary for the purchase and procurement of any and all equipment, goods, and services reasonably necessary for the city to effectively respond to. mitigate, and recover from the AcclarrAL emergency: and 2. Waiver of Fees: The city manager may authorize the waiver of any city fees as the city manager deems is reasonably necessary to assist the residents, business owners, and property owners of the city to respond to, mi 'gale, and recover from the declared emerpencv." SECTION 3: SEVERABILITY. If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form according to law. [SIGNATURE PAGE FOLLOWS] 2 Page 6 of 7 PASSED this day of , 2013 APPROVED this day of , 2013 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2013 CITY CLERK Peter M. Friedman, General Counsel NOTE: Deleted Language is Struck Through. New Language is Bolded and Double Underlined. Lcgal\Ord\2013\Ordinance Amcnding City Code 2-5-11 Waiver of Fces as a Result of a Disaster #23435966 v3 3 Page 7 of 7