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20180402 Council Packet Monday, April 2, 2018 Regular Session – 7:00 p.m. Room 102 CALL TO ORDER REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION (matters not on the Agenda) CITY CLERK ANNOUNCEMENTS ALDERMEN ANNOUNCEMENTS | CONSENT AGENDA 1. Approve Sale of Property Located at 1896-1930 Lee Street and 1157-1175 Prospect to REInvest, LLC for $600,000 and Approve Associated Redevelopment Agreement for Said Property 1a. ORDINANCE M-5-18: An Ordinance Approving the Sale of City-Owned Property Located at 1896-1930 Lee Street and 1157-1175 Prospect Lane, Des Plaines, Illinois, A Redevelopment Agreement, As Well As a Real Estate Purchase and Sale Agreement 2. Amend Resolution R-82-17, to Permit American Wildburger Restaurant, 1550 Oakton Street, an Extension of Up to Six Months to Complete Interior Build-Out and Façade Improvements at 1530-1534 Oakton Street, Allowing for Them to Still Qualify for Reimbursement Under the Business Assistance Grant for Such Improvements 2a. RESOLUTION R-73-18: A Resolution Approving an Extension of the Business Assistance Program Grant for Façade Improvements and Interior Build-Out at 1530-1534 Oakton Street 3. Award Bid for Thermoplastic Lane Marking through the Suburban Purchasing Cooperative to Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, IL in the Not-to-Exceed Amount of $55,000. Budgeted Funds – Capital Projects/Street Pavement Markings and TIF #1/Miscellaneous Contractual Services. 3a. RESOLUTION R-74-18: A Resolution Authorizing the Procurement of Street Lane Marking Work from Superior Road Striping, Inc. 4. Approve Purchase of a Dynapac CC1300 Asphalt Roller through the National Joint Powers Alliance Contract #032515-ACC from Casey Equipment Company, 1603 E. Algonquin Road, Arlington Heights, IL in the Amount of $52,425. Budgeted Funds – Equipment Replacement Fund. 4a. RESOLUTION R-75-18: A Resolution Authorizing the Purchase of an Asphalt Roller from Casey Equipment Company, Inc. Through the National Joint Powers Alliance Contract 5. Adopt Potable Groundwater Use Restriction Ordinance for 607 East Oakton Street, Des Plaines 5a. ORDINANCE M-6-18: An Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method at 607 East Oakton Street in the City of Des Plaines 6. Minutes/Regular Meeting – March 19, 2018 7. Minutes/Closed Session – March 19, 2018 END OF CONSENT AGENDA | COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION – Alderman Mike Charewicz, Chair a. Warrant Register in the Amount of $2,332,723.09 – RESOLUTION R-76-18 2. COMMUNITY DEVELOPMENT – Alderman Dick Sayad, Chair a. Consideration of Final Plat of Subdivision and Subdivision Variation for 1405 Oxford Road, Case #18- 004-SUB-V – ORDINANCE Z-7-18 IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE FOLLOWING 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. Amend Resolutions Previously Approved by City Council in Support of Class 6b Applications i n Order to Comply with Cook County’s Amended Ordinance Requiring Economic Disclosure Statements from the Applicants to be Filed with the Respective Municipality 1a. RESOLUTION R-70-18: A Resolution Amending and Restating Resolution R-69-17 Supporting and Consenting to Approval of Class 6b Classification for the Property Located at 100 East Howard Avenue 1b. RESOLUTION R-71-18: A Resolution Amending and Restating Resolution R-138-17 Supporting and Consenting to Approval of Class 6b Classification for the Property Located at 2392 Wolf Road 1c. RESOLUTION R-72-18: A Resolution Amending and Restating Resolution R-180-17 Supporting and Consenting to Approval of Class 6b Classification for the Property Located at 1794 Winthrop Drive NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-76-18: Warrant Register in the amount of $2,332,723.09 2. a. ORDINANCE Z-7-18: An Ordinance Approving a Tentative and Final Plat of Subdivision for 1405 Oxford Road and a Variation from Section 13-2-5.R of the City of Des Plaines Subdivision Regulations CLOSED SESSION PERSONNEL NEW BUSINESS (CONTINUED) REPORT OUT OF CLOSED SESSION LEGAL AND LICENSING – Alderman Carla Brookman, Chair 3. a. RESOLUTION R-78-18: Third Amendment to the City Manager’s Employment Agreement Between the City of Des Plaines and Michael G. Bartholomew to Consider the Base Salary Compensation | 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 req uire 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. COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 22, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Michael A. McMahon, Director of Community and Economic Development Subject: Lee and Prospect Properties – Purchase and Sales Agreement/Redevelopment Agreement Issue: The City owns certain parcels located at 1896-1930 Lee Street and 1157-1175 Prospect Lane totaling 2.71 acres in the R-1 Residential Zoning District. On November 1, 2017 the City issued a Request for Proposals (RFP) seeking proposals for the sale and development of the properties. The deadline for proposals was December 15, 2017. The City received one proposal by the deadline from REInvest, LLC with an offer price of $600,000. Analysis: Attached is a Redevelopment Agreement and Real Estate Purchase and Sale Agreement. The Redevelopment Agreement dictates how the properties will be developed. Below are highlights of both agreements: • The City agrees to sell the parcels located at 1896-1930 Lee Street and 1157-1175 Prospect to REInvest, LLC for $600,000; • The development will consists of no more than ten (10) and no less than eight (8) single- family homes with attached garages and full basements; • Each house will contain no less than 2,500 square feet of floor area (excluding basements and garages); • 100% of the first floor exterior elevations and 100% of street-facing exterior elevations, including the garage (except for the garage door) of each house will be constructed of masonry materials; • All improvements must be designed and constructed pursuant to and in accordance with the Final Plat of Subdivision, Final Engineering Plan, the Final Landscape Plan, and the Construction Regulations, and will be subject to the reasonable written satisfaction of the Director of Public Works and Engineering; MEMORANDUM Page 1 of 61 •Landscaping will include: - Shade Trees: A minimum of two and a half inch (2 1/2”) caliper trees selected from the City’s approved list of trees will be planted in the parkway on an average of one (1) tree for every thirty feet (30’) of parkway length. No two (2) species of tree will be located adjacent to each other. One (1) two and a half inch (2 1/2”) caliper tree will be planted in the front yard on the private property. - Ground Cover: Sod will be installed between the street and property lines and in the front and side yards. - Shrubbery: No less than three (3) shrubs measuring a minimum of eighteen inches (18”) will be planted in the front yards on each lot; and •After the construction of all public utilities in the Lee Street and Prospect Lane rights of way, the Developer shall be responsible for resurfacing both streets curb to curb for the full extent of the Property’s frontage. Recommendation: I recommend the City Council approve Ordinance M-5-18, approving a Redevelopment Agreement and Real Estate Purchase and Sale Agreement to convey the Subject Property to the Developer in accordance with the terms of these agreements. Attachments: Attachment 1: Ordinance M-5-18 Exhibits: Exhibit A: Redevelopment Agreement Exhibit B: Purchase and Sale Agreement Page 2 of 61 CITY OF DES PLAINES ORDINANCE M - 5 - 18 AN ORDINANCE APPROVING THE SALE OF CITY OWNED PROPERTY LOCATED AT 1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE, DES PLAINES, ILLINOIS, A REDEVELOPMENT AGREEMENT, AS WELL AS A REAL ESTATE PURCHASE AND SALE AGREEMENT. WHEREAS, REInvest, LLC, an Illinois limited liability company, (“Developer”), desires to purchase that certain real property consisting of approximately 2.71 acres, located in the R-1 Single Family Residential District (“R-1 District”), commonly known as 1896-1930 Lee Street and 1157-1175 Prospect Lane Road, Des Plaines, Illinois ("Subject Property"); and WHEREAS, the City of Des Plaines (“City”) is the current record title holder to the Subject Property; and WHEREAS, on November 1, 2017, the City issued a “Request for Proposals for the Purchase and Sale and Redevelopment of 1896-1930 Lee Street and 1157-1175 Prospect Lane, Des Plaines, Illinois” (“RFP”) for the purchase, subdivision, and redevelopment of the Subject Property with a new residential development; and WHEREAS, the Developer submitted a proposal for the construction of no more than ten single-family homes on the Subject Property (collectively, the “Proposed Development”); and WHEREAS, City staff reviewed the Developer’s proposal and determined that it met the standards set forth in the RFP; and WHEREAS, the RFP required that the selected developer for the Property enter into a redevelopment agreement binding it to construct the Proposed Development in accordance with certain terms and conditions; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into (i) an Redevelopment Agreement, and (ii) a Real Estate Purchase and Sale Agreement, and to convey the Subject Property to the Developer in accordance with the terms of these agreements; 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. Attachment 1 Page 3 of 61 SECTION 2: APPROVAL OF AGREEMENTS. A. The City Council hereby approves the Redevelopment Agreement in substantially the form attached to this Ordinance as Exhibit A, and in a final form to be approved by the General Counsel; and B. The City Council hereby approves the Real Estate Purchase and Sale Agreement in substantially the form attached to this Ordinance as Exhibit B, and in a final form to be approved by the General Counsel. SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENTS AND CONVEY SUBJECT PROPERTY. Pursuant to and in accordance with Section 1-12-5 of the City Code and the home rule powers of the City, the City Council hereby: A. Determines that the Subject Property is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the City; B. Authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, (i) the final Redevelopment Agreement, and (ii) the final Real Estate Purchase and Sale Agreement, and all other documents approved by the General Counsel necessary to transfer title to the Subject Property to the Developer; and C. Authorizes and directs the City Manager to take all other actions necessary to transfer title to the Property to the Developer in accordance with the terms of the Real Estate Purchase and Sale Agreement, as amended. 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] Attachment 1 Page 4 of 61 PASSED this day of , 2018 APPROVED this day of , 2018 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ____ day of _______________, 2018 CITY CLERK Peter M. Friedman, General Counsel DP-Lee Prospect – Ord Approving Sale of Property Redev Agreement and PSA_55455237_1 Attachment 1 Page 5 of 61 THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Stewart J. Weiss Holland & Knight LLP 131 S. Dearborn, 30th Floor Chicago, IL 60603 Above Space For Recorder’s Use Only REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND REINVEST, LLC (1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE) DATED AS OF MARCH ___, 2018 Exhibit A Page 6 of 61 TABLE OF CONTENTS Page SECTION 1. RECITALS. .......................................................................................................... 1 SECTION 2. DEFINITIONS; RULES OF CONSTRUCTION. .................................................... 1 A. Definitions .......................................................................................................................... 1 B. Rules of Construction. ...................................................................................................... 4 SECTION 3. APPROVAL OF REDEVELOPMENT. .................................................................. 4 A. Adoption of Resolution Approving Preliminary and Final Plats of Subdivision. .......... 4 B. Preliminary and Final Engineering Plans. ........................................................................ 5 C. Preliminary and Final Landscaping Plans. ...................................................................... 5 D. Site Plan ............................................................................................................................. 6 E. Preparation of Documents ................................................................................................ 6 SECTION 4. DEVELOPMENT OF THE PROPERTY ................................................................ 6 A. Specific Use and Development Restrictions.................................................................... 6 B. General Use and Development Restrictions .................................................................... 8 C. Tree Preservation, Removal and Demolition ................................................................... 8 SECTION 5. IMPROVEMENTS. ............................................................................................... 9 A. Description of Improvements ........................................................................................... 9 B. Design and Construction of the Improvements ............................................................... 9 C. Connection of Utilities ..................................................................................................... 10 D. Right-of-Way Improvements. .......................................................................................... 10 E. Completion of the Improvements ................................................................................... 12 F. Dedication and Maintenance of the Improvements. ...................................................... 12 SECTION 6. DEMOLITION AND CONSTRUCTION. .............................................................. 14 A. Construction. ................................................................................................................... 14 B. Prohibition of Demolition or Construction of Any Kind Prior to All Approvals ........... 14 C. Commencement of Construction of the Dwelling Units ................................................ 15 D. Diligent Pursuit of Construction. .................................................................................... 15 E. Construction Traffic. ........................................................................................................ 15 F. Parking, Storm Water Management, and Erosion Control During Construction ......... 16 G. Issuance of Permits and Certificates. ............................................................................ 16 H. Failure to Complete Construction. ................................................................................. 16 I. As-Built Plans .................................................................................................................. 17 J. Damage to Public Property ............................................................................................. 17 SECTION 7. DECLARATION OF COVENANTS .................................................................... 17 Exhibit A Page 7 of 61 A. Homeowners’ Association. ............................................................................................. 17 B. Creation of Easements. ................................................................................................... 18 C. General Provisions. ......................................................................................................... 18 SECTION 8. RESERVED. ...................................................................................................... 18 SECTION 9. PAYMENT OF CITY FEES AND COSTS. .......................................................... 18 A. Negotiation and Review Fees ......................................................................................... 18 B. Other City Fees ................................................................................................................ 19 SECTION 10. PERFORMANCE SECURITY. ........................................................................... 19 A. General Requirements ..................................................................................................... 19 B. Use of Funds in the Event of Breach of Agreement ...................................................... 19 C. Maintenance Warranty for Public Improvements .......................................................... 20 SECTION 11. LIABILITY AND INDEMNITY OF CITY. ............................................................. 20 A. City Review ...................................................................................................................... 20 B. City Procedure ................................................................................................................. 20 C. Indemnity .......................................................................................................................... 20 D. Defense Expense ............................................................................................................. 20 SECTION 12. NATURE, SURVIVAL AND TRANSFER OF OBLIGATIONS. ........................... 21 A. Binding Effect .................................................................................................................. 21 B. Successors and Transferees .......................................................................................... 21 C. Transfer Defined .............................................................................................................. 21 D. Mortgagees of Property ................................................................................................... 21 SECTION 13. TERM. ................................................................................................................ 22 SECTION 14. WARRANTIES AND REPRESENTATIONS. ..................................................... 22 A. By the City ........................................................................................................................ 22 B. By Developer ................................................................................................................... 22 SECTION 15. DEFAULT. ......................................................................................................... 23 A. Developer Events of Default ........................................................................................... 23 B. Events of Default by the City .......................................................................................... 24 SECTION 16. REMEDIES FOR DEFAULT AND ENFORCEMENT. ......................................... 24 A. Remedies for Default ....................................................................................................... 24 B. Limitation ......................................................................................................................... 25 C. Withholding of Building Permits and Certificates of Occupancy ................................. 25 D. Prevailing Party ................................................................................................................ 25 SECTION 17. GENERAL PROVISIONS. .................................................................................. 26 A. Notices ............................................................................................................................. 26 B. Time of the Essence ........................................................................................................ 26 Exhibit A Page 8 of 61 C. Rights Cumulative ........................................................................................................... 26 D. Non-Waiver ....................................................................................................................... 26 E. Consents .......................................................................................................................... 26 F. Governing Law ................................................................................................................. 27 G. Severability ...................................................................................................................... 27 H. Entire Agreement ............................................................................................................. 27 I. Interpretation ................................................................................................................... 27 J. Headings .......................................................................................................................... 27 K. Exhibits/Conflicts ............................................................................................................ 27 L. Amendments and Modifications ..................................................................................... 27 M. Changes in Laws ............................................................................................................. 27 N. No Third Party Beneficiaries ........................................................................................... 27 O. Recording ......................................................................................................................... 27 P. Counterparts .................................................................................................................... 27 Exhibit A Page 9 of 61 REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND REINVEST, LLC (1896-1930 LEE STREET AND 1157-1175 PROSPECT LANE) THIS AGREEMENT is made as of the ___th day of February, 2018, and is by and between the CITY OF DES PLAINES, an Illinois home rule municipal corporation (“City”) and REINVEST, LLC, an Illinois limited liability company (“Developer”). IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this Agreement, and pursuant to the City’s home rule powers, the parties hereto agree as follows: SECTION 1. RECITALS. A. The City is, as of the Effective Date of this Agreement, the owner of record of those certain parcels of real property consisting of approximately 2.71 acres commonly known as 1896- 1930 Lee Street and 1157-1175 Prospect Lane in Des Plaines, Illinois, which are legally described in Exhibit A attached hereto (“Property”). B. On November 1, 2017, the City issued a “Request for Proposals for the Purchase and Sale and Redevelopment of 1896-1930 Lee Street and 1157-1175 Prospect Lane, Des Plaines, Illinois” (“RFP”) for the purchase, subdivision, and redevelopment of the Property with a new residential development. C. The Developer submitted a proposal for the construction of no more than ten (10) single-family homes (collectively, the “Proposed Development”). D. City staff reviewed the Developer’s proposal and determined that it met the standards set forth in the RFP. E. The RFP required that the selected developer for the Property enter into a redevelopment agreement binding it to construct the Proposed Development in accordance with certain terms and conditions. F. Pursuant to the terms of the Request for Proposal, the Developer, and the City subsequently entered into that certain “Real Estate Purchase and Sale Agreement” dated _____________, 2018 (“Purchase and Sale Agreement”), that provides for the sale of the Property by the City and the purchase of the property by the Developer. G. The City and the Developer now desire to enter into this Agreement to set forth the terms and conditions of the subdivision, redevelopment, use, operation, and maintenance of the Property. H. The Corporate Authorities, after due and careful consideration, have concluded that the construction of the Proposed Development by the Developer, as specifically set forth in this Agreement, would serve the best interests of the City. SECTION 2. DEFINITIONS; RULES OF CONSTRUCTION. A. Definitions. Whenever used in this Agreement, the following terms shall have the following meanings unless a different meaning is required by the context: Exhibit A Page 10 of 61 “City Code”: “The City of Des Plaines City Code”, as amended. “Common Areas”: Those areas of the Property that, after the construction of the Proposed Development, may be owned and maintained by the Homeowners’ Association, or by other arrangement set forth in the Declaration of Covenants, for the benefit of the residents of the Proposed Development. “Common Improvements”: Those private site improvements to the Property that, after the construction of the Proposed Development, may be owned and maintained by the Homeowners’ Association, or by other arrangement set forth in the Declaration of Covenants, for the benefit of the residents of the Proposed Development. “Construction Regulations”: Title 10 of the City Code. “Corporate Authorities”: The Mayor and City Council of the City. “Declaration of Covenants”: That certain declaration of covenants, easements and restrictions that may be required pursuant to Section 7 of this Agreement in the event that Common Improvements and/or Common Areas (if any) are constructed, established, and maintained as part of the Proposed Development. “Effective Date”: The date set forth in the first paragraph of page one of this Agreement. “Events of Default”: Defined in Section 15.A of this Agreement with respect to Developer and in Section 15.B of this Agreement with respect to the City. “Final Engineering Plan”: The engineering plan that receives the approval of the Director of Public Works and Engineering, the Director of Community and Economic Development, and Corporate Authorities in accordance with and pursuant to Section 3.B.2 of this Agreement and in accordance with the Requirements of Law. Upon such approval, the Final Engineering Plan will, automatically and without further action by the Corporate Authorities and the Parties, be deemed to be incorporated in, and made a part of, this Agreement. “Final Landscape Plan”: The landscaping plan that receives the approval of the Director of Public Works and Engineering, the Director of Community and Economic Development, and Corporate Authorities in accordance with and pursuant to Section 3 .C.2 of this Agreement and in accordance with the Requirements of Law. Upon such approval, the Final Landscape Plan will, automatically and without further action by the Corporate Authorities and the Parties, be deemed to be incorporated in, and made a part of, this Agreement. "Final Plat of Subdivision": That certain plat of subdivision for the Property, to be considered and approved by the Corporate Authorities in accordance with and pursuant to Section 3.A.2 of this Agreement. Upon the date on which the Final Plat of Subdivision becomes effective, the Final Plat of Subdivision will, automatically and without further action by the Corporate Authorities and the Parties, be deemed to be incorporated in, and made a part of, this Agreement. “Homeowners’ Association”: The homeowners’ association that shall be established pursuant to the Declaration of Covenants, in the event that the MWRD WMO requires such an entity to maintain and operate Common Improvements and/or Common Areas as part of the Proposed Development. Exhibit A Page 11 of 61 “Improvements”: The on-site and off-site improvements to be made in connection with the development of the Property, as provided in Section 5 of this Agreement, including, without limitation, the Public Improvements, the Common Improvements, and the landscaping to be installed pursuant to the Final Engineering Plan and Final Landscape Plan, but specifically excluding the Residential Structures to be constructed on the Property. “Lot”: A platted lot on the Property on which a Residential Structure will be constructed. “Parties”: The City and Developer, collectively. “Performance Security”: Defined in Section 10.A of this Agreement. “Person”: Any natural individual, corporation, partnership, individual, joint venture, trust, estate, association, business, enterprise, proprietorship, or other legal entity of any kind, either public or private, and any legal successor, agent, representative, or authorized assign of the above, or other entity capable of holding title to, or any lesser interest in, real property. “Property”: Those parcels of real property consisting of approximately 2.71 acres, commonly known as 1896-1930 Lee Street and 1157-1175 Prospect Lane in Des Plaines, Illinois, which are legally described in Exhibit A attached to this Agreement. "Public Improvements": Those Improvements listed in Section 5.A that will be dedicated to, and accepted by, the City pursuant to Section 5.F.2. “Requirements of Law”: All applicable federal, state and City laws, statutes, codes, ordinances, resolutions, rules, and regulations. “Residential Structure”: Any of the single-family detached dwellings proposed to be constructed on the individual Lots on the Property. “Right-of-Way Improvements”: Those specific improvements to be constructed on or within the right-of-way owned by the City that is adjacent to or in the vicinity of the Property, as specifically described in Section 5.D of this Agreement. "Site Restoration": Site restoration and modification activities necessary to establish a park-like setting suitable for passive outdoor recreational activities including regrading/land balancing, laying of sod/grass seeding, and erosion control. “Storm Water Facilities”: Those improvements listed in Section 5.A.1.a necessary for the detention, retention, and conveyance of storm water on the Property to the City’s storm water or combined sewer system. "Structure": As set forth in the Zoning Code, a “Structure” is anything constructed or erected, the use of which requires permanent or temporary location on the ground or attachment to something having a permanent or temporary location on the ground. “Subdivision Regulations”: Title 13 of the City Code. “Uncontrollable Circumstance”: Any of the following events and circumstances that materially change the costs or ability of the Developer to carry out its obligations under this Agreement: Exhibit A Page 12 of 61 a. a change in the Requirements of Law; b. insurrection, riot, civil disturbance, sabotage, act of public enemy, explosion, nuclear incident, war, or naval blockade; c. epidemic, hurricane, tornado, landslide, earthquake, lightning, fire, windstorm, other extraordinary weather conditions preventing performance of work, or other similar act of God; d. governmental condemnation or taking other than by the City; e. strikes or labor disputes, other than those caused by the unlawful acts of the Developer, its partners, or affiliated entities; or f. delays caused by the breach of this Agreement or default under this Agreement by the City. Uncontrollable Circumstance does not include economic hardship, impracticability of performance, commercial, economic, or market conditions, or a failure of performance by a contractor (except as caused by events that are Uncontrollable Circumstances as to such contractor). “Zoning Code”: Title 12 of the City Code. “Zoning Lot”: A single tract of land located within a single block, which is developed or built upon as a unit, under single ownership or control. B. Rules of Construction. 1. Grammatical Usage and Construction. In construing this Agreement, pronouns include all genders, and the plural includes the singular and vice versa. 2. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. 3. Calendar Days. Unless otherwise provided in this Agreement, any reference in this Agreement to “day” or “days” means calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Agreement falls on a Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday, or federal holiday. 4. Other Defined Terms. Capitalized terms not defined in this Agreement have the meanings set forth in the Zoning Code. SECTION 3. APPROVAL OF REDEVELOPMENT. A. Adoption of Resolution Approving Preliminary and Final Plats of Subdivision. 1. Preliminary Plat of Subdivision. No later than 90 days after the approval of this Agreement, the Developer shall submit a preliminary plat of subdivision for the Proposed Development as set forth in this Agreement pursuant to the requirements set forth in the Exhibit A Page 13 of 61 Subdivision Regulations (“Preliminary Plat of Subdivision”). Should the Corporate Authorities determine, in their sole and absolute discretion, that the Preliminary Plat of Subdivision is in substantial conformance with the terms and conditions set forth in this Agreement, the Corporate Authorities shall adopt a valid and binding resolution approving the Preliminary Plat of Subdivision. 2. Final Plat of Subdivision. Upon the request by the City and prior to the commencement of any construction on or in furtherance of the Proposed Development, the Developer shall submit a final plat of subdivision for the Proposed Development as set forth in this Agreement pursuant to the requirements set forth in the Subdivision Regulations (“Final Plat of Subdivision”). Should the Corporate Authorities determine, in their sole and absolute discretion, that the Final Plat of Subdivision is in substantial conformance with the terms and conditions set forth in this Agreement, the Corporate Authorities shall adopt a valid and binding resolution approving the Final Plat of Subdivision (“Final Plat of Subdivision Resolution”). Nothing in this Section 3.A shall preclude or prohibit the Developer from submitting an application for approval of a combined preliminary and final Plat of Subdivision pursuant to and in accordance with the requirements of the Subdivision Regulations. B. Preliminary and Final Engineering Plans. 1. Preliminary Engineering Plan. No later than 90 days after the approval of this Agreement, the Developer shall submit a preliminary engineering plan for the Proposed Development as set forth in this Agreement (“Preliminary Engineering Plan”). Should the Director of Public Works and Engineering and the Director of Community and Economic Development determine, in their sole and absolute discretion, that the Preliminary Engineering Plan is in substantial conformance with the terms and conditions set forth in this Agreement, they shall approve the Preliminary Engineering Plan. 2. Final Engineering Plan. Upon the request by the City and prior to the commencement of any construction on or in furtherance of the Proposed Development, the Developer shall submit a final engineering plan for the Proposed Development as set forth in this Agreement (“Final Engineering Plan”). Should the Director of Public Works and Engineering, the Director of Community and Economic Development, and Corporate Authorities determine, in their sole and absolute discretion, that the Final Engineering Plan is in substantial conformance with the Preliminary Engineering Plan, the Corporate Authorities shall adopt a valid and binding resolution approving the Final Engineering Plan (“Final Engineering Plan Resolution”). 3. Modifications to Final Engineering Plan. All revisions to any portion of the Final Engineering Plan that are reviewed, accepted, and approved by either the Director of Public Works and Engineering or the Director of Community and Economic Development subsequent to the adoption of the Final Engineering Plan Resolution shall be incorporated into, and made a part of this Agreement with no further action required by the Corporate Authorities. C. Preliminary and Final Landscaping Plans. 1. Preliminary Landscape Plan. No later than 90 days after the approval of this Agreement, the Developer shall submit a preliminary landscape plan for the Proposed Development in accordance with the requirements of Section 12-10-3 of the Zoning Code and as set forth in this Agreement (“Preliminary Landscape Plan”). Should the Director of Public Works and Engineering and the Director of Community and Economic Development determine, in their sole and absolute discretion, that the Preliminary Landscape Plan is in substantial conformance Exhibit A Page 14 of 61 with the terms and conditions set forth in this Agreement, they shall approve the Preliminary Landscape Plan. 2. Final Landscape Plan. Upon the request by the City and prior to the commencement of any construction on or in furtherance of the Proposed Development, the Developer shall submit a final landscape plan for the Proposed Development as set forth in this Agreement (“Final Landscape Plan”). Should the Director of Public Works and Engineering, the Director of Community and Economic Development, and Corporate Authorities determine, in their sole and absolute discretion, that the Final Landscape Plan is in substantial conformance with the Preliminary Landscape Plan, the Corporate Authorities shall adopt a valid and binding resolution approving the Final Landscape Plan (“Final Landscape Plan Resolution”). 3. Modifications to Final Landscape Plan. All revisions to any portion of the Final Landscape Plan that are reviewed, accepted, and approved by either the Director of Public Works and Engineering or the Director of Community and Economic Development subsequent to the adoption of the Final Landscape Plan Resolution shall be incorporated into, and made a part of this Agreement with no further action required by the Corporate Authorities. D. Site Plan. No later than 90 days after the approval of this Agreement, the Developer shall submit a Site Plan for the Proposed Development, in accordance with the requirements of Section 12-3-2 of the Zoning Code and as set forth in this Agreement. Should the Director of Public Works and Engineering and the Director of Community and Economic Development determine, in their sole and absolute discretion, that the Site Plan is in substantial conformance with the terms and conditions set forth in this Agreement, they shall approve the Site Plan. E. Preparation of Documents. All documents required to be submitted by the Developer pursuant to this Section 3 of this Agreement, including, without limitation, the Preliminary Plat of Subdivision, the Final Plat of Subdivision, the Preliminary Engineering Plan, the Final Engineering Plan, the Preliminary Landscape Plan, the Final Landscape Plan, and the Site Plan, shall be prepared by the Developer or shall be arranged to be prepared by a contractor on behalf of the Developer, at the Developer’s sole cost and expense. SECTION 4. DEVELOPMENT OF THE PROPERTY. Notwithstanding any use or development right that may be applicable or available to the Property pursuant to the provisions of the City Code, the Zoning Code, or the Subdivision Regulations, the Property must be developed, used, operated, and maintained only pursuant to, and in accordance with, the terms and provisions of this Agreement and its exhibits, including, without limitation, the following development conditions. A. Specific Use and Development Restrictions. 1. Subdivision. The Property may not be subdivided into more than ten Lots. If so required by the MWRD WMO, any outlots used for common purposes or Common Improvements like stormwater detention shall be owned and maintained as Common Areas by a Homeowner’s Association duly constituted pursuant to the terms of Section 7. The Developer shall not be required to create Common Areas, as Common Improvements may be located on easements, so long as they are maintained by a Homeowner’s Association as set forth in Section 7 and if so required by the MWRD WMO. 2. Redevelopment. No more than ten (10) and no less than eight (8) Exhibit A Page 15 of 61 Residential Structures may be constructed on the Property, and no more than one Residential Structure, as permitted in the Zoning Code, shall be constructed or located on each Lot. 3. Garage; Basement. Each Residential Structure shall have an attached minimum two-car garage and a full basement under first floor living area. 4. Floor Area. Each Residential Structure must contain no less than 2,500 square feet of floor area, excluding the floor area of the basements and garages required pursuant to Section 4.A.3 of this Agreement. 5. Exterior Masonry Requirements. 100 percent of the first-floor side exterior elevations of each Residential Structure, or up to at least eight feet above the top of the foundation for a Residential Structure with a non-traditional floor plan, and 100 percent of the street-facing exterior elevation of each Residential Structure, including the attached garage but excluding the garage door, must be constructed of masonry materials. 6. Façade Variation Required. No Residential Structure constructed on the Property may have the same or identical façade as another single-family home constructed on the Property. Similar façades with mere changes in brick color, window and door placement, and roof change elevations may be allowed only at the discretion of the Director of Community and Economic Development. 7. Landscaping Plan Required Components. Prior to the issuance of any building permit for the Proposed Development, the Final Landscaping Plan must comply with all the requirements of Chapter 10 of the Zoning Code (where there are any conflicts between Chapter 10 and this Agreement, this Agreement controls) and must include at a minimum: a. Shade Trees. A minimum of two and a half inch (2½”) caliper trees shall be planted in the Lee and Prospect parkways on an average of one (1) tree for every thirty feet (30’) of parkway length. No two (2) species of tree may be located adjacent to each other. One (1) two and a half inch (2½”) caliper tree shall be planted in the front yard of each Lot. Trees must be selected from the City’s approved list of trees attached as Exhibit B. b. Ground Cover. Sod shall be required to be installed between the street and property lines and in the front and side yards of each lot. Seeding is permissible in the rear yard of each Lot. c. Shrubbery. No less than three (3) shrubs measuring a minimum of eighteen inches (18”) shall be required in the front yard of each Lot. 8. Maintenance of Landscaping. Prior to the issuance by the City of a final certificate of occupancy for any Residential Structure on the Property, the Developer must install all landscaping on the Property, as depicted on the Final Landscaping Plan, which landscaping must be installed and maintained and in accordance with the following: a. All trees, shrubs, plantings, and ornamentals must be healthy, and of the size, height, and species described in the Final Landscaping Plan. b. The Director of Community and Economic Development has the right to reasonably reject or require replacement of any landscaping that is not in Exhibit A Page 16 of 61 accordance with the Final Landscaping Plan or this Agreement. c. Upon installation, the trees required to be installed and planted pursuant to this Agreement must have the minimum height and diameter as required pursuant to this Agreement and as represented on the Final Landscaping Plan. d. The Developer must replace any plantings that are not healthy and growing one year from the date of installation. e. The final grade of the landscaped areas of the Property must contain a minimum of four to six inches (6”) of topsoil, except as may be approved by the Director of Community and Economic Development. B. General Use and Development Restrictions. Redevelopment of the Property and each Residential Structure, except for minor alterations due to final engineering and site work approved by the Director of Public Works and Engineering or the Director of Community and Economic Development, as appropriate, shall be pursuant to and in accordance with the following: 1. This Agreement; 2. The Final Plat of Subdivision; 3. The Final Engineering Plan; 4. The Final Landscape Plan; 5. The Site Plan; 6. The Declaration of Covenants; 7. The Zoning Code, including but not limited to the height, bulk, and other provisions applicable to the R-1 District; 8. The Construction Regulations that are in effect as of the Effective Date of this Agreement; 9. The Subdivision Regulations; and 10. The Requirements of Law. Unless otherwise provided in this Agreement, in the event of a conflict between or among any of the above plans or documents, the plan or document that provides the greatest control and protection for the City, as determined by the City Manager and City’s General Counsel, shall control. All of the above plans and documents shall be interpreted so that the duties and requirements imposed by any one of them are cumulative among all of them, unless otherwise provided in this Agreement. C. Tree Preservation, Removal and Demolition. The Developer shall comply with the Final Landscape Plan and specifically the Tree Removal Plan contained therein, and all Requirements of Law in the preservation and removal of all trees on the Property, including, Exhibit A Page 17 of 61 without limitation, the requirements of Title 8, Chapter 4 of the City Code and Section 12-10- 5(B)(10) of the Zoning Code . SECTION 5. IMPROVEMENTS. A. Description of Improvements. In connection with its construction of the Development, the Developer shall, at its sole cost and expense, construct and install all of the Improvements on the Property depicted on the Final Engineering Plan and Final Landscape Plan, including, without limitation, the following: 1. All connections and other infrastructure necessary to connect each of the Residential Structures to existing utilities, including, without limitation: a. Storm Water Facilities, including i. a public storm sewer along Prospect Lane with appurtenant catch basins that will be considered a Right of Way Improvement; and ii. volume control, detention, and retention facilities as necessary to comply with the MWRDGC’s Watershed Maintenance Ordinance that may be considered Common Improvements if constructed on private property whether located in outlots or easements. c. Sanitary sewer and services; d. Water main and services; e. Telecommunication facilities and services; f. Gas facilities and services; g. Electric facilities and services; 2. The Right-of-Way Improvements, as described in Section 5.D of this Agreement. 3. The landscaping, as depicted in the Landscape Plan and in accordance with Sections 4.A.7 and 4.A.8 of this Agreement. 6. All driveways, curbs, and gutters located on the Property, as depicted in the Final Engineering Plan and Final Landscape Plan. 7. All street and common area lighting on the Property, as depicted in the Final Engineering Plan. B. Design and Construction of the Improvements 1. General Standards. All Improvements must be designed and constructed pursuant to and in accordance with the Final Plat of Subdivision, Final Engineering Plan, the Final Landscape Plan, and the Construction Regulations, and will be subject to the reasonable written Exhibit A Page 18 of 61 satisfaction of the Director of Public Works and Engineering in accordance with the City Code and the Subdivision Regulations. All work performed on the Improvements must be conducted in a good and workmanlike manner, with due dispatch, and within any deadlines provided pursuant to this Agreement or in the permits issued by the City for construction of the Improvements. All materials used for construction of the Improvements must be new and of first rate quality. 2. Contract Terms; Prosecution of the Work. The Developer must include in every contract for work on the Improvements terms requiring the contractor to prosecute the work diligently and continuously, in full compliance with, and as required by or pursuant to, this Agreement, the Final Plat of Subdivision, Final Engineering Plan, the Final Landscape Plan, the Construction Regulations, and the Requirements of Law, until the work is properly completed, and providing that the Developer may take over and prosecute the work if the contractor fails to do so in a timely and proper manner. 3. Engineering Services. The Developer must provide, at its sole cost and expense, all engineering services for the design and construction of the Improvements, by a professional engineer responsible for overseeing the construction of the Improvements. The Developer must promptly provide the City with the name of a local Developer representative and a telephone number or numbers at which the Developer’s representative can be reached at all times. 4. City Inspections and Approvals. All work on the Improvements is subject to inspection and approval by City representatives at all times. 5. Other Approvals. Where the construction and installation of any Improvement requires the consent, permission, or approval of any public agency or private party, the Developer must promptly file all applications, enter into all agreements, post all security, pay all fees and costs, and otherwise take all steps that may be required to obtain the consent, permission, or approval. C. Connection of Utilities. No utilities located on the Property may be connected to the sewer and water utilities belonging to the City except in accordance with the applicable provisions of the City Code and upon payment of the connection fees required pursuant to the City Code. D. Right-of-Way Improvements. 1. Grant of License. Subject to the terms and conditions set forth in this Agreement, the City hereby grants to the Developer, and the Developer hereby accepts, a non- exclusive revocable license, for the benefit of the Property, for the completion, at the sole cost and expense of the Developer, of the following improvements within City-owned rights-of-way and, as necessary, within adjacent City-owned properties (collectively, the "Licensed Premises"), all as will be depicted on the Final Engineering Plan, and pursuant to and in substantial accordance with the terms and provisions of this Section 6.D and the other provisions of this Agreement (“License”): a. Public Storm Sewer: The construction and installation of the public storm sewer system as described in Section 5.A.1.a.i of this Agreement. b. Sidewalk. The construction of a public sidewalk along the Prospect Lane frontage of the Property within the Prospect Lane right-of-way. Exhibit A Page 19 of 61 c. Landscaping in Public Rights-of-Way. Installation of trees and landscaping materials within the Lee Street and Prospect Lane rights-of-way, as depicted in the Final Landscape Plan and in accordance with Section 5.E of this Agreement. d. Resurfacing of Lee and Prospect Roads. After the construction of all public utilities in the Lee Street and Prospect Lane rights of way, the Developer shall be responsible for resurfacing both streets curb to curb for the full extent of the Property’s frontage. 2. Limitation of Interest. Except for the License granted pursuant to this Section 5.D, the Developer does not and will not have any legal, beneficial, or equitable interest, whether by adverse possession or prescription or otherwise, in any portion of the Licensed Premises, or the Lee Street or Prospect Lane rights-of-way, or any other City-owned property or right-of-way. Specifically, and without limitation of the foregoing, the Developer acknowledges and agrees that nothing in this Agreement is to be interpreted to provide a license to the Developer to alter any City-owned right-of-way in any way other than for the installation of the improvements identified in this Section 5.D. 3. Construction of the Right-of-Way Improvements. The Developer must construct the Right-of-Way Improvements in accordance with and pursuant to the Final Engineering Plan, the Final Landscape Plan, and this Agreement, in a good and workmanlike manner, all at the sole expense of the Developer and subject to inspection and approval by the City. Specifically, and without limitation of the foregoing, during the period of installation, The Developer must: (a) construct all Right-of-Way Improvements in specific locations and of specific designs approved in advance by the Director of Public Works and Engineering and, for landscaping improvements, by the City Forester; and (b) maintain the Licensed Premises and all streets, sidewalks, and other public property in and adjacent to the Licensed Premises in a safe, good and clean condition without hazard to public use at all times, and in accordance with the standards set forth in Section 5.K of this Agreement. 4. Reservation of Rights. The City hereby reserves the right to use the Lee Street or Prospect Lane rights-of-way in any manner that will not prevent, impede, or interfere in any way with the exercise by Developer of the rights granted pursuant to this Section 5.D. The City will have the right to grant other non-exclusive licenses or easements, including, without limitation, licenses or easements for utility purposes, over, along, upon, or across the Lee Street or Prospect Lane rights-of-way. The City further reserves its right of full and normal access to the Lee Street or Prospect Lane rights-of-way for the maintenance of any existing or future utility located thereon. 5. Liens. Developer hereby represents and warrants that it will take all necessary action to keep all portions of the Lee Street and Prospect Lane rights-of-way free and clear of all liens, claims, and demands, including without limitation mechanic's liens, in connection with any work performed by the Licensee or its agents. 6. Maintenance of Right-of-Way by City. Without limitation of the provisions of Section 11 of this Agreement, the Developer acknowledges and agrees that the City will not be liable for any damage that may occur to the Right-of-Way Improvements as a result of the City's necessary maintenance responsibilities with regard to any right-of-way that is subject to the License. Any maintenance, repair, or replacement of the Improvements necessary as a result of such City maintenance or other work will be at the sole cost and expense of the Developer, Exhibit A Page 20 of 61 through and including the date of expiration of the License, as set forth in Section 5.D.7 of this Agreement. 7. Term. The License granted pursuant to this Section 5.D will expire upon the acceptance by the City of all Right-of-Way Improvements pursuant to Section 5.F of this Agreement. E. Completion of the Improvements. The Developer may, with the written approval of the Director of Public Works and Engineering, defer the construction of certain Improvements not necessary for the maintenance of the public, health, safety, and welfare (e.g. full extent of sidewalk or parkway landscaping in front of unimproved Lots) until construction of a residence on the corresponding Lot is complete. Provided, however, that the Developer shall construct and install the sidewalk on the south side of Prospect Lane no later than eighteen (18) months after the Effective Date of this Agreement, whether or not a Residential Structure has been constructed on the corresponding Lot. The City has the right, but not the obligation, to refuse to issue a final certificate of occupancy for any building or Structure located on the Property until all of the Improvements are completed by the Developer and approved by the City’s Director of Public Works and Engineering. The issuance of any building permit or certificate of occupancy by the City at any time prior to completion of all of the Improvements by the Developer and approval of the Improvements by the City will not confer on the Developer any right or entitlement to any other building permit or certificate of occupancy. F. Dedication and Maintenance of the Improvements. 1. Final Inspection and Approval of the Improvements. The Developer must notify the City when it believes that any or all of the Improvements have been fully and properly completed and must request final inspection and approval of the Improvement or Improvements by the City. The notice and request must be given far enough in advance to allow the City time to inspect the Improvements and to prepare a punch list of items requiring repair or correction and to allow the Developer time to make all required repairs and corrections prior to the scheduled completion date (as may be established pursuant to this Agreement or in the permits issued by the City for construction of the Improvements). The Developer must promptly make all necessary repairs and corrections as specified on the punch list. The City is not required to approve any portion of the Improvements until: (a) all of the Improvements as may be required pursuant to Section 5.A of this Agreement, including all punch list items, have been fully and properly completed; and (b) the Director of Public Works and Engineering has determined that the specific Improvement has been constructed to completion, in accordance with the Final Engineering Plan, the Final Landscape Plan, and the Requirements of Law. 2. Dedication and Acceptance of Public Improvements. Neither the execution of this Agreement nor the approval or recordation of the Final Plat of Subdivision constitutes acceptance by the City of any Improvements that are depicted as “dedicated” on the Final Plat of Subdivision or on the Final Engineering Plan or Final Landscape Plan, if any. The acceptance of ownership of, and responsibility for, a specific approved Improvement as a Public Improvement may be made only by the Corporate Authorities, and only in compliance with the requirements of the Subdivision Regulations. The following Improvements are anticipated to become Public Improvement upon approval and acceptance of the Improvements by the City: a. Any stormwater facilities located in the public right-of-way; b. Any sanitary sewer facilities located in the public right-of-way; Exhibit A Page 21 of 61 c. Any water mains located in the public right-of-way; d. The sidewalk to be constructed on the south side of Prospect Lane; e. Landscaping in Public Rights-of-Way including trees and landscaping materials within the Lee Street and Prospect Lane rights-of-way, as depicted in the Landscape Plan and in accordance with Sections 4.A.7 and 4.A.8 of this Agreement; and f. Resurfacing of Lee Street and Prospect Lane to repair utility cuts necessary to install other improvements. 3. Transfer of Ownership of the Public Improvements and Easements to the City. Upon the approval of, and prior to acceptance of, the Public Improvements to be accepted by the City pursuant to Section 5.F of this Agreement, the Developer must execute, or cause to be executed, all documents as the City may request to transfer Ownership of, or to provide easements in, the Public Improvements to, and to evidence ownership of the Public Improvements by, the City, free and clear of all liens, claims, encumbrances, and restrictions, unless otherwise approved by the City in writing. The Developer must, at the same time: (a) grant, or cause to be granted, to the City all insured easements or other property rights as the City may require to install, operate, maintain, service, repair, and replace the Public Improvements that have not previously been granted to the City, free and clear of all liens, claims, encumbrances, and restrictions, unless otherwise approved by the City in writing; and (b) provide a written estimate of the monetary value of each Public Improvement to be accepted by the City. 4. Private Streets. All driveways on the Property shall remain private improvements and shall not be accepted by the City. The City shall not be responsible for maintaining any driveway on the Property and shall not conduct snow plowing, salting, or snow removal on the Property. 5. Maintenance of Public Improvements. For a period of at least two years following acceptance by the City of the Public Improvements, the Developer must, at its sole cost and expense, maintain the Public Improvements without any modification, except as specifically approved in writing by the Director of Public Works and Engineering, in a first rate condition at all times. The Developer hereby guarantees, on its behalf and on behalf of its successors, the prompt and satisfactory correction of all defects and deficiencies in any of the Public Improvements that occur or become evident within two years after acceptance of the Public Improvement by the City pursuant to this Agreement. In the event the Director of Public Works and Engineering determines, in the Director of Public Works and Engineering's reasonable discretion, that the Developer is not adequately maintaining, or has not adequately maintained, any Public Improvement, the Developer must, after 10 days’ prior written notice from the City (subject to Uncontrollable Circumstances), correct it or cause it to be corrected. If the Developer fails to correct the defect, commence the correction of the defect, or diligently pursue correction of the defect to completion, the City, after 10 days’ prior written notice to the Developer, may, but will not be obligated to, enter upon any or all of the Property for the purpose of performing maintenance work on and to such Public Improvement. In the event that the City causes to be performed any work pursuant to this Section 5.F.5, the Developer must, upon demand by the City, pay the costs of the work to the City. If the Developer fails to pay the costs, the City will have the right to draw from the Maintenance Warranty required pursuant to Section 11.C of this Agreement, based on costs actually incurred or on the City’s reasonable estimates of costs to be incurred, an amount of money sufficient to defray the entire cost of the work, including legal fees and administrative expenses. In the event any Public Exhibit A Page 22 of 61 Improvement is repaired or replaced pursuant to this Section 5.F.5, the City's right to draw upon the Maintenance Warranty pursuant to Section 11.C of this Agreement will be extended, as to the repair or replacement, for two full years from the date of the repair or replacement. SECTION 6. DEMOLITION AND CONSTRUCTION. A. Construction. 1. General Standards. The Redevelopment shall be constructed pursuant to and in accordance with the Final Engineering Plan, the Final Landscape Plan, and the Site Plan. All work performed on the Proposed Development shall be conducted in a good and workmanlike manner and with due dispatch in accordance with the schedule established in Subsection 6.E of this Agreement. All materials used for construction of the Development shall be new and of first quality. 2. Improvements. Construction of the Improvements shall be subject to the reasonable written satisfaction of the Director of Public Works and Engineering in accordance with the City Code and the Subdivision Regulations. 3. Contract Terms; Prosecution of the Work. The Developer shall include in every contract for work on the Proposed Development or Improvements terms requiring the contractor to prosecute the work diligently, continuously, in full compliance with, and as required by or pursuant to, this Agreement, the Final Engineering Plan, the Final Landscape Plan, the Site Plan, and the Requirements of Law, until the work is properly completed, and terms providing that the Developer may take over and prosecute the work if the contractor fails to do so in a timely and proper manner. 4. Engineering Services. The Developer shall provide, at its sole cost and expense, all architectural and engineering services for the construction of the Proposed Development and Improvements by a professional architect and professional civil engineer responsible for overseeing the construction of the Proposed Development. The Developer shall, upon application for a building permit, provide the City with the name of the construction project manager and a telephone number or numbers at which the construction project manager can be reached at all times. 5. City Inspections and Approvals. All work on the Proposed Development shall be subject to inspection and approval by City representatives at all times. 6. Other Approvals. Where the construction and installation of the Proposed Development requires the consent, permission, or approval of any public agency other than the City or private party, the Developer shall promptly file all applications, enter into all agreements, post all security, pay all fees and costs, and otherwise take all steps that may be reasonably required to obtain the required consent, permission, or approval. B. Prohibition of Demolition or Construction of Any Kind Prior to All Approvals. The Developer acknowledges and agrees that, unless specifically authorized in writing by the City Manager, in his sole and absolute discretion, no demolition, grading, site work, tree or landscape removal, construction, improvement, or development of any kind shall be permitted on any portion of the Property unless and until (1) the Final Engineering Plan and the Final Landscape Plan have all been approved by the Director of Public Works and Engineering, (2) the Final Plat of Exhibit A Page 23 of 61 Subdivision has been fully executed and recorded, and (3) the Performance Security required by Section 10 has been deposited with the City. C. Commencement of Construction of the Dwelling Units. In addition to the restriction set forth in Section 6.C of this Agreement no construction of any kind shall be permitted on or with respect to any Residential Structure on the Property unless and until the Developer obtains written approval from the Director of Public Works and Engineering of those Improvements. D. Diligent Pursuit of Construction. 1. Once commencement of construction is authorized pursuant to this Agreement, the Developer must pursue, or cause to be pursued, all required development, demolition, construction, and installation of Residential Structures, buildings, and Improvements on the Property and adjacent rights-of-way in a diligent and expeditious manner, and in compliance with the City Code and the Requirements of Law. 2. The Developer shall complete and make ready the Improvements for inspection, approval and, where appropriate, acceptance by the City pursuant to the construction schedule approved by the Director of Public Works and Engineering as part of the Final Engineering Plan. The Developer shall be allowed extensions of time beyond the completion dates set forth in such construction schedule only for unavoidable delay caused by Uncontrollable Circumstances or as may be approved by the City Manager. E. Construction Traffic. 1. Construction and Traffic Management Plan. The Developer must prepare and submit, for review and approval by the Director of Public Works and Engineering, a Construction and Traffic Management Plan (“CTM Plan”) for the development of the Property. The CTM Plan will govern (i) the location, storage, and traffic routes for construction equipment and construction vehicles, and (ii) the location of alternative off-street parking during the construction. The City has no obligation to issue a building permit for any Structure or Improvement, and no construction may be commenced with respect to the Structure or Improvement, unless and until the Director of Public Works and Engineering has approved, in writing, the CTM Plan as part of his review of the Final Engineering Plan. The City agrees to cause the CTM Plan to be promptly and expeditiously reviewed by the Director of Public Works; provided, however, that nothing in this Agreement is to be deemed or interpreted to require approval of the CTM Plan. 2. Designated Routes of Access. The City reserves the right to designate certain prescribed routes of access to the Property for construction traffic to provide for the protection of pedestrians and to minimize disruption of traffic and damage to paved street surfaces, to the extent practicable; provided, however, that the designated routes must not: (a) be unreasonably or unduly circuitous; nor (b) unreasonably or unduly hinder or obstruct direct and efficient access to the Property for construction traffic. 3. Maintenance of Routes of Access. At all times during the construction of the structures and Improvements, the Developer must: (a) keep all routes used for construction traffic free and clear of mud, dirt, debris, obstructions, and hazards; and (b) repair any damage caused by construction traffic. Exhibit A Page 24 of 61 F. Parking, Storm Water Management, and Erosion Control During Construction. The Developer must conduct the construction of the Proposed Development in full compliance with the MWRDGC’s Watershed Maintenance Ordinance (WMO). G. Issuance of Permits and Certificates. 1. General Right to Withhold Permits and Certificates. In addition to every other remedy permitted by law for the enforcement of this Agreement, the City has the absolute right to withhold the issuance of any building permit or certificate of occupancy for the Property at any time when the Developer has failed or refused to meet fully any of its obligations under, or is in violation of, or is not in full compliance with, the terms of this Agreement. 2. Pre-Conditions to Issuance of Building Permit. The City will have the right, but not the obligation, to refuse to issue a building permit for any Structure to be constructed on the Property prior to the installation by the Developer, and approval by the Director of Public Works and Engineering, of all stormwater detention and drainage facilities, storm sewer systems, sanitary sewer mains, site grading, and erosion control Improvements on the Property. H. Failure to Complete Construction. 1. Removal of Partially Constructed Structures and Improvements. Subject to Uncontrollable Circumstances, if the Developer fails to diligently pursue all demolition and construction as required in, or permitted by, Section 6 of this Agreement to completion within the time period prescribed in the building permit or permits issued by the City for such demolition and construction, as the case may be, and if a perfected application to renew the building permit or permits is not filed within 30 days after the expiration of the permit or permits, the Developer must, within 60 days after notice from the City: (a) remove any partially constructed or partially completed buildings, Structures, or Improvements from the Property; and (b) perform Site Restoration on that portion of the Property in which Developer has failed to complete all such demolition and construction, all in accordance with plans approved by the City. 2. Removal and Restoration by City. In the event the Developer fails or refuses to remove any partially completed buildings, Structures, and Improvements, or to perform Site Restoration, as required pursuant to Section 6.I.1 of this Agreement, the City will have, and is hereby granted the right, at its option, to: (a) demolish and/or remove any of the partially completed buildings, Structures, and Improvements from any and all portions of the Property; (b) perform Site Restoration; and/or (c) cause the buildings, Structures, or Improvements to be completed in accordance with the plans submitted. The Developer must fully reimburse the City for all costs and expenses, including legal and administrative costs, incurred by the City for such work. If Developer does not so fully reimburse the City, the City will have the right to draw from the Performance Security and the Maintenance Warranty, as described in and provided pursuant to Section 10.C of this Agreement, an amount of money sufficient to defray the entire cost of the work, including legal fees and administrative expenses. If the Developer does not so fully reimburse the City, and the Performance Security and Maintenance Warranty have no funds remaining in them or are otherwise unavailable to finance such work, then the City will have the right to place a lien on the Property for all such costs and expenses in the manner provided by law. The rights and remedies provided in this Section 6.I.2 are in addition to, and not in limitation of, any other rights and remedies otherwise available to the City in this Agreement, at law, and/or in equity. Exhibit A Page 25 of 61 I. As -Built Plans. After completion of construction of any new Improvement, the Developer must submit to the City Director of Community and Economic Development final “as- built” plans: (1) related to drainage, grading, storm sewer, sanitary sewer and water mains, and associated structures; and (2) for other final construction documents (in paper and, for Improvements, electronic format) as required and approved by the Director of Public Works and Engineering and the City Director of Community and Economic Development. The as-built plans must indicate, without limitation, the amount, in square feet, of impervious surface area on the Property. J. Damage to Public Property. The Developer must maintain the Property and all streets, sidewalks, and other public property in and adjacent to the Property in a good and clean condition at all times during the Proposed Development of the Property and construction of the Improvements. Further, the Developer must: (1) promptly clean all mud, dirt, or debris deposited on any street, sidewalk, or other public property in or adjacent to the Property by the Developer or any agent of or contractor hired by, or on behalf of, the Developer; and (2) repair any damage that may be caused by the activities of the Developer or any agent of or contractor hired by, or on behalf of, the Developer. SECTION 7. DECLARATION OF COVENANTS. A declaration of covenants, easements, and restrictions, acceptable in form and substance to the City’s General Counsel, shall be recorded against the Property not later than the date which the closing on the sale of the first Residential Structure on the Property occurs. If required by the Metropolitan Water Reclamation District of Greater Chicago’s (“MWRD”) Watershed Maintenance Ordinance (“WMO”), the Declaration of Covenants shall provide for the creation of the Homeowners’ Association and shall, without limitation, codify the following provisions, conditions and restrictions of this Agreement: A. Homeowners’ Association. 1. Membership in the Homeowners’ Association shall be mandatory for each and every owner, and successive owner, of the Lots and the Residential Structures constructed thereupon. 2. The Declaration of Covenants and bylaws of the Homeowners’ Association shall be established and must be approved by the Corporate Authorities prior to becoming effective. Further, said declaration and by-laws shall provide that they not be amended to conflict with this Agreement or the requirements of the Subdivision Code without approval by the Corporate Authorities. 3. The Homeowners’ Association shall be responsible for the continuity, care, conservation and maintenance, including operation in a first rate condition and in accordance with predetermined standards, of all Common Improvements not dedicated to the City and/or all Common Areas (if any established), and all equipment and appurtenances thereon. This maintenance responsibility shall extend to all Common Improvements not dedicated to the City. 4. The Homeowners’ Association shall be responsible for casualty and liability insurance and real estate taxes for all Common Areas (if any established). 5. The owners of the Lots shall pay their pro rata share of all costs and expenses incurred by the Homeowners’ Association by means of an assessment to be levied by the Homeowners’ Association which meets the requirements for becoming a lien on the Property in accordance with statutes of the State of Illinois. Exhibit A Page 26 of 61 6. The Homeowners’ Association shall have the right to adjust the assessment to meet changed needs. The membership vote required to authorize such adjustment shall not be fixed at more than fifty one percent of the members voting on the issue. B. Creation of Easements. 1. Utility and enforcement easements shall be granted to the City and other governmental bodies and utility services over, on, and across the Property for the purposes of enforcing applicable laws, making repairs, installing and servicing utilities, and providing public and emergency services. 2. The easements for the Storm W ater Facilities shall remain unobstructed and the access to the retention and detention basins shall not be blocked by a fence, landscaping, or any other structure or planting, of any kind or nature, erected within said easement without written approval of the Director of Public Works and Engineering. In addition, no grade changes shall be permitted in said easement without the prior written approval of the Director of Public Works and Engineering. 3. An access and ingress/egress easement for City emergency and utility personnel and vehicles will be granted over any driveways or private roads as well as all circulation drives on the Property. C. General Provisions. 1. The City, as well as the owners of each of Lots, shall have the right to enforce the Declaration of Covenants. 2. The City shall have the right, but not the obligation, after ten (10) days’ written notice to the Homeowners’ Association (if any is established) or to all affected Lots, to perform any maintenance or repair work which, in the sole opinion of the City, the Homeowners’ Association or the affected Lot owners have neglected to perform on the Common Improvements and/or the Common Areas (if any established) to assess the membership or individual Lot owners for such work and to file a lien against the property of the Homeowners’ Association, the property of any member failing to pay the assessment, or any affected Lot. 3. The Declaration shall run with and bind the Property, and all portions thereof, and shall be binding on the Developer, and its successors in interest, to all portions of the Property. SECTION 8. RESERVED. SECTION 9. PAYMENT OF CITY FEES AND COSTS. A. Negotiation and Review Fees. In addition to all other costs, payments, fees, charges, contributions, or dedications required by this Agreement or by the Requirements of Law, the Developer must pay to the City, contemporaneous with the execution of this Agreement by the City Manager, all third-party legal, engineering, and other consulting or administrative fees, costs, and expenses incurred or accrued after the date of this Agreement in connection with: (1) the development of the Property, including, without limitation, the review and processing of plans Exhibit A Page 27 of 61 therefor; and (2) the negotiation, preparation, consideration, and review of the Final Subdivision Resolution, the Final Engineering Resolution, the Final Landscape Resolution, and this Agreement. The City will provide the Developer with invoices for all fees and costs requiring reimbursement. Payment of all fees, costs, and expenses must be made by certified or cashier’s check. The Developer acknowledges and agrees that it will continue to be liable for and to pay, promptly after presentation of a written demand or demands for payment, such third-party fees, costs, and expenses incurred in connection with any applications, documents, proposals, or requests for interpretations or amendments of this Agreement, whether formal or informal, of whatever kind, submitted by Developer during the term of this Agreement in connection with the use and development of the Property. Further, the Developer acknowledges and agrees that it is liable for and will pay after demand all fees, costs, and expenses incurred by the City for publications and recordings required in connection with the above matters. B. Other City Fees. In addition to all other costs, payments, fees, charges, contributions, or dedications required by this Agreement, the Developer must pay to the City all application, inspection, and permit fees, all water and sewer general and special connection fees, tap-on fees, charges, and contributions, and all other fees, charges, and contributions pursuant to the Requirements of Law at the rates in effect as of the Effective Date of this Agreement. SECTION 10. PERFORMANCE SECURITY. A. General Requirements. As security to the City for the performance by the Developer of the Developer's obligations to construct and complete the Improvements pursuant to and in accordance with this Agreement, the Developer hereby irrevocably elects, on behalf of itself and its successors, and agrees to provide the City prior to the issuance of any permits for the Property performance and payment security for all Improvements that will be accepted by or dedicated to the City ("Performance Security") in the form of one or more letters of credit ("Letter of Credit") in the amount and manner set forth in Section 13-2-8 of the Subdivision Regulations. The Letter of Credit shall be in form and substance substantially conforming in all material respects with Exhibit C to this Agreement and satisfactory to the City’s General Counsel. The Performance Security shall be administered pursuant to and in accordance with Section 13-2-8 of the Subdivision Regulations. B. Use of Funds in the Event of Breach of Agreement. If the Developer or its lender fail or refuse to complete the Improvements in accordance with this Agreement, or fail or refuse to correct any defect or deficiency in the Improvements, or remove partially completed buildings or Structures as required by this Agreement, or fail or refuse to perform Site Restoration in accordance with a demand made pursuant to his Agreement, or the Developer fails or refuses to pay any amount demanded by the City as and when required pursuant to this Agreement, then the City in its reasonable discretion may draw on and retain all or any of the funds remaining in the Performance Security which are necessary to remedy such failure or refusal. The City thereafter shall have the right, subject to 30 days’ notice and opportunity for cure, to exercise its rights under this Agreement, to take any other action it deems reasonable and appropriate to mitigate the effects of any failure or refusal, and subject to the terms of the immediately preceding sentence, to reimburse itself from the proceeds of the Letter of Credit for all of its costs and expenses, including legal fees and administrative expenses, resulting from or incurred as a result of the Developer's failure or refusal to meet its obligations under this Agreement constituting an Event of Default. If the funds remaining in the Letter of Credit are insufficient to repay fully the City for all costs and expenses, then the Developer shall upon demand of the City therefor deposit with the City any Exhibit A Page 28 of 61 additional funds as the City determines are necessary, within 30 days of a request therefor, to fully repay such costs and expenses. C. Maintenance Warranty for Public Improvements. Following the City's release of any percentage of the Performance Security for any Public Improvement, the Developer must substitute for the released percentage of the Performance Security a maintenance warranty in the form of a letter of credit ("Maintenance Warranty"), which is equal to 10 percent of one hundred twenty five percent (125%) of the approved Director of Public Works and Engineering's estimate of costs for the Improvements to be dedicated to the City. The Developer must deposit the Maintenance Warranty, at Developer’s discretion in the form of letter(s) of credit or cash escrow, with the City. The Maintenance Warranty shall remain with the city until eighteen (18) months after all Improvements to be accepted by the City are completed and certified by the Director of Public Works and Engineering as completed in substantial compliance with the description, plans and specifications submitted by the subdivider and approved by the Director of Public Works and Engineering and accepted by the City Council. ("Maintenance Warranty Term"), notwithstanding any transfer of the Common Areas, if any, to the Homeowners’ Association or the transfer of any or all residential lots to purchasers. The City will return to the Developer the Maintenance Warranty upon the end of the Maintenance Warranty Term, minus any portion of the Maintenance Warranty utilized by the City in accordance with Section 10.C. SECTION 11. LIABILITY AND INDEMNITY OF CITY. A. City Review. Developer acknowledges and agrees that the City is not, and will not be, in any way liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans for the Property or the Improvements, or the issuance of any approvals, permits, certificates, or acceptances, for the development or use of the Property or the Improvements, and that the City’s review and approval of any such plans and the Improvements and issuance of any such approvals, permits, certificates, or acceptances does not, and will not, in any way, be deemed to insure Developer or any of its successors, assigns, tenants and licensees, or any third party, against damage or injury of any kind at any time. B. City Procedure. Developer acknowledges and agrees that all notices, meetings, and hearings have been properly given and held by the City with respect to this Agreement, and Developer agrees not to challenge such approvals on the grounds of any procedural infirmity or of any denial of any procedural right. C. Indemnity. Developer, only as to its own acts or omissions, agrees to, and does hereby, hold harmless and indemnify the City and all City elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from any and all claims that may be asserted at any time against any of those parties in connection with: (i) the City’s review and approval of any plans for the Property or the Improvements; (ii) the issuance of any approval, permit, certificate, or acceptance for the Property or the Improvements; and (iii) the development, construction, maintenance, or use of any portion of the Property or the Improvements (“Indemnified Claims”); provided, however, that this indemnity does not, and will not, apply to willful misconduct or gross negligence on the part of the City. D. Defense Expense. Developer, only as to its own acts or omissions, must, and does hereby agree to, pay all expenses, including legal fees and administrative expenses, incurred by the City in defending itself with regard to any and all of the Indemnified Claims. Exhibit A Page 29 of 61 SECTION 12. NATURE, SURVIVAL AND TRANSFER OF OBLIGATIONS. A. Binding Effect. All obligations assumed by Developer under this Agreement are and will be binding upon Developer personally, upon any and all of its heirs, successors, and assigns, and upon any and all of the respective successor legal or beneficial Developers of all or any portion of the Property (including, without limitation, the Association). B. Successors and Transferees. To assure that all grantees, successors, assigns, and transferees of Developer and all successor Developers of all or any portion of the Property have notice of this Agreement and the obligations created by it, Developer must: 1. Deposit with the City Clerk, concurrent with the City’s approval of this Agreement, any consents or other documents necessary to authorize the City to record this Agreement in the office of the Cook County Recorder of Deeds; 2. Notify the City in writing at least 30 days prior to any date on which Developer transfers (as that term is defined in Section 12.C of this Agreement) a legal or beneficial interest in any portion of the Property to a third party; provided, however that this notice shall not be required for the sale of an individual lot improved with a Residential Structure; 3. Incorporate this Agreement by reference into any and all real estate sales contracts for transfers, as that term is defined in Section 12.C of this Agreement, entered into for the sale of all or any portion of the Property; provided, however that this notice shall not be required for the sale of an individual lot improved with a Residential Structure; and 4. Except as provided in Section 12.C of this Agreement, require, prior to the transfer of all or any portion of the Property, or any legal or equitable interest therein, to any third party (other than (a) a sale to the Association or (b) sale of an individual residential lot), the transferee of said portion or interest in the Property to execute an enforceable written agreement, in substantially the form of Exhibit D to this Agreement, agreeing to be bound by the provisions of this Agreement (“Transferee Assumption Agreement”) and to provide the City, upon request, with such reasonable assurance of the financial ability of the transferee to meet those obligations as the City may require. The City agrees that upon a successor becoming bound to the obligation created in the manner provided in this Agreement and providing the financial assurances required pursuant to this Agreement, the liability of Developer will be released to the extent of the transferee’s assumption of the liability. The failure of Developer to provide the City with a copy of a Transferee Assumption Agreement fully executed by the transferee and, if requested by the City, with the transferee’s proposed assurances of financial capability before completing any transfer, will result in Developer remaining fully liable for all of its obligations under this Agreement but will not relieve the transferee of its liability for all such obligations as a successor to Developer. C. Transfer Defined. For purposes of this Agreement, the term “transfer” includes, without limitation, any assignment, sale, transfer to a receiver or to a trustee in bankruptcy, transfer in trust, or other disposition of the Property, or any beneficial interest in the Property, in whole or in part, by voluntary or involuntary sale, foreclosure, merger, sale and leaseback, consolidation, or otherwise; provided, however, that a sale, assignment or any other transfer of legal or beneficial interest in an individual lot improved with a Residential Structure does not constitute a “transfer” hereunder if no transferee owns any portion of any other Lot on the Property. D. Mortgagees of Property. This Agreement is and will be binding on all mortgagees of the Property or other secured parties automatically upon such mortgagee assuming title to the Exhibit A Page 30 of 61 Development Property, in whole or in part, by a foreclosure or a deed in lieu of foreclosure without the necessity of entering into a Transferee Assumption Agreement. Until such time, however, a mortgagee or other secured party will have no personal liability hereunder. SECTION 13. TERM. The provisions of this Agreement shall run with and bind the Property, and shall inure to the benefit of, and be enforceable by, the Developer, the City, and any of their respective legal representatives, grantees, successors, and assigns, from the date this Agreement is recorded and until the Improvements are approved by the City and the Improvements, as required by this Agreement and the Subdivision Code, are accepted by the City. Following such approval and acceptance, the City agrees, upon written request of the Developer, to execute appropriate and recordable evidence of the termination of this Agreement. Notwithstanding anything to the contrary in this Section 13, the Developer’s indemnity and defense obligations as set forth in Section 11 of this Agreement shall survive the termination of this Agreement. SECTION 14. WARRANTIES AND REPRESENTATIONS. A. By the City. The City represents, warrants and agrees as the basis for the undertakings on its part contained in this Agreement that: 1. The City is a municipal corporation duly organized and validly existing under the law of the State of Illinois and has all requisite corporate power and authority to enter into this Agreement; 2. The execution, delivery and the performance of this Agreement and the consummation by the City of the transactions provided for herein and the compliance with the provisions of this Agreement: (i) have been duly authorized by all necessary corporate action on the part of the City; (ii) require no other consents, approvals or authorizations on the part of the City in connection with the City's execution and delivery of this Agreement; and (iii) do not, by lapse of time, giving of notice or otherwise, result in any breach of any term, condition or provision of any indenture, agreement or other instrument to which the City is subject; and 3. To the best of the City's knowledge, there are no proceedings pending or threatened against or affecting the City or the Property in any court or before any governmental authority that involves the possibility of materially or adversely affecting the ability of the City to perform its obligations under this Agreement. B. By Developer. Developer, and the person executing this Agreement on behalf of Developer, represent, warrant, and covenant, as of the Effective Date of this Agreement, that: 1. Developer is an Illinois limited liability company duly organized, validly existing, and qualified to do business in Illinois; 2. Developer has the right, power, and authority to enter into, execute, deliver and perform this Agreement, and Developer is in compliance with all Requirements of Law, the failure to comply with which could affect the ability of Developer to perform its obligations under this Agreement; 3. The execution, delivery and performance by Developer of this Agreement has been duly authorized by all necessary corporate action, and does not and will not violate its Exhibit A Page 31 of 61 organizational documents, as amended and supplemented, any of the applicable Requirements of Law, or constitute a breach of or default under, or require any consent under, any agreement, instrument, or document to which Developer is now a party or by which Developer is now or may become bound; 4. There are no actions or proceedings by or before any court, governmental commission, board, bureau or any other administrative agency pending, threatened, or affecting Developer which would impair its ability to perform under this Agreement; 5. Developer will apply for and will maintain all government permits, certificates, and consents (including, without limitation, appropriate environmental approvals) necessary to conduct its business and to construct and complete its obligations as required by this Agreement; and 6. Developer has sufficient financial and economic resources to implement and complete its obligations under this Agreement; 7. Developer has no knowledge of any liabilities, contingent or otherwise, of Developer which might have a material adverse effect upon its ability to perform its obligations under this Agreement. SECTION 15. DEFAULT. A. Developer Events of Default. The following are Developer Events of Default under this Agreement: 1. If any representation made by Developer in this Agreement, or in any certificate, notice, demand or request made by Developer in writing and delivered to the City pursuant to or in connection with this Agreement, proves to be untrue or incorrect in any material respect as of the date made. 2. Default by Developer for a period of 15 days after written notice thereof in the performance or breach of any covenant contained in this Agreement concerning the existence, structure or financial condition of Developer; provided, however, that such default or breach will not constitute an Event of Default if such default cannot be cured within said 15 days and Developer, within said 15 days, initiates and diligently pursues appropriate measures to remedy the default and in any event cures such default within 60 days after such notice. 3. Default by Developer for a period of 15 days after written notice thereof from the City in the performance or breach of any covenant, warranty or obligation contained in this Agreement; provided, however, that such default will not constitute an Event of Default if such default cannot be cured within said 15 days and Developer, within said 15 days, initiates and diligently pursues appropriate measures to remedy the default and in any event cures such default within 60 days after such notice. 4. The entry, at any time after the Effective Date of this Agreement, of a decree or order for relief by a court having jurisdiction in the premises in respect of Developer in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Developer for any substantial part of its property, or ordering the winding-up or liquidation of its affairs and the Exhibit A Page 32 of 61 continuance of any such decree or order unstayed and in effect for a period of 60 consecutive days. 5. The commencement by Developer of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by Developer to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of Developer or of any substantial part of the Property, or the making by any such entity of any assignment for the benefit of creditors or the failure of Developer generally to pay such entity’s debts as such debts become due or the taking of action by Developer in furtherance of any of the foregoing, or a petition is filed in bankruptcy by others. 6. Failure to have funds to meet Developer's obligations. 7. Sale, assignment, or transfer of the Property except in accordance with the Transferee Assumption provisions in Section 12 of this Agreement. 8. Change in the organizational status of Developer except in accordance with the Transferee Assumption provisions in Section 12 of this Agreement. 9. Developer abandons the development of the Property. Abandonment will be deemed to have occurred when work stops on the development of the Property for more than 30 days for any reason other than Uncontrollable Circumstances, unless otherwise permitted by this Agreement. The failure of Developer to secure any approvals required for the development or construction of the Property will not be a valid defense to abandonment. 10. Developer fails to comply with the Requirements of Law in relation to the construction and maintenance of the Improvements and Residential Structures contemplated by this Agreement. B. Events of Default by the City. The following are City Events of Default under this Agreement: 1. If any material representation made by the City in this Agreement, or in any certificate, notice, demand or request made by the City in writing and delivered to Developer pursuant to or in connection with any of said documents, proves to be untrue or incorrect in any material respect as of the date made. 2. Subject to Uncontrollable Circumstances, default by the City for a period of 30 days after written notice thereof from Developer in the performance or breach of any covenant contained in this Agreement; provided, however, that such default will not constitute an Event of Default if such default cannot be cured within said 30 days and the City, within said 30 days, initiates and diligently pursues appropriate measures to remedy the default and in any event cures such default within 90 days after such notice. SECTION 16. REMEDIES FOR DEFAULT AND ENFORCEMENT. A. Remedies for Default. In the case of an Event of Default under this Agreement: 1. The defaulting party shall, upon written notice from the non-defaulting party, take immediate action to cure or remedy such Event of Default. If, in such case, any monetary Exhibit A Page 33 of 61 Event of Default is not cured, or if in the case of a non-monetary Event of Default, action is not taken or not diligently pursued, or if action is taken and diligently pursued but such Event of Default or breach shall not be cured or remedied within a reasonable time, but in no event more than 15 additional days unless extended by mutual agreement, the non-defaulting party may institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach, including, but not limited to, proceedings to compel specific performance of the defaulting party’s obligations under this Agreement. 2. In the case of an Event of Default by the Developer occurring and continuing after the expiration of any applicable notice and cure period set forth in this Agreement, the City may, and without prejudice to any other rights and remedies available to the City, exercise any or all of the following options: a. if no building permits have been issued for the Development, the City may require Site Restoration in accordance with the terms and provisions of Section 6.I of this Agreement; b. if one or more building permits have been issued for the Development, the City may, in accordance with the terms and provisions of Section 6.I of this Agreement require demolition, removal, and restoration work. 3. In case the City has proceeded to enforce its rights under this Agreement and such proceedings have been discontinued or abandoned for any reason, then, and in every such case, Developer and the City will be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of Developer and the City will continue as though no such proceedings had been taken. B. Limitation. Notwithstanding anything to the contrary contained in this Agreement, including the provisions of this Section 16, Developer agrees that it will not seek, and does not have the right to seek, to recover a judgment for monetary damages against the City or any elected or appointed officials, officers, employees, agents, representatives, engineers, or attorneys of the City, on account of the negotiation, execution or breach of any of the terms and conditions of this Agreement. C. Withholding of Building Permits and Certificates of Occupancy. In addition to every other remedy permitted by law for the enforcement of the terms of this Agreement, the City shall be entitled to withhold the issuance of building permits or certificates of occupancy for any and all Residential Structures within the Property at any time the Developer has failed or refused to meet fully any of its obligations under this Agreement after notice and an opportunity to cure as provided in Section 15. D. Prevailing Party. In the event of a judicial proceeding brought by one Party against the other Party, the prevailing Party in the judicial proceeding will be entitled to reimbursement from the unsuccessful Party of all costs and expenses, including reasonable attorneys’ fees, incurred in connection with the judicial proceeding. Exhibit A Page 34 of 61 SECTION 17. GENERAL PROVISIONS. A. Notices. All notices required or permitted to be given under this Agreement must be given by the Parties by: (i) personal delivery; (ii) deposit in the United States mail, enclosed in a sealed envelope with first class postage thereon; or (iii) deposit with a nationally recognized overnight delivery service, addressed as stated in this Section 17.A. The address of any Party may be changed by written notice to the other Parties. Any mailed notice will be deemed to have been given and received within three days after the same has been mailed and any notice given by overnight courier will be deemed to have been given and received within 24 hours after deposit. Notices and communications to the Parties must be addressed to, and delivered at, the following addresses: If to the City: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Attention: City Manager with a copy to: Holland & Knight LLP 131 S. Dearborn Street, 30th Floor Chicago, IL 60603 Attention: Peter M. Friedman, General Counsel If to Developer: REInvest, LLC. 2500 E. Devon Avenue, Suite 200 Des Plaines, IL 60018 Attention: Agnieszka Moore with a copy to: Loza Law Offices PC 2500 E. Devon Avenue, Suite 200 Des Plaines, IL 60018 Attn. Marek Loza B. Time of the Essence. Time is of the essence in the performance of all terms and provisions of this Agreement. C. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement are cumulative and are not exclusive of any other such rights, remedies, and benefits allowed by law. D. Non-Waiver. The City is not, and will not be, under any obligation to exercise any of the rights granted to it in this Agreement. The failure of the City to exercise at any time any such right will not be deemed or construed to be a waiver thereof, nor will such failure void or affect the City’s right to enforce such right or any other right. E. Consents. Whenever the consent or approval of any Party to this Agreement is required, the consent or approval must be in writing and may not be unreasonably withheld, delayed or conditioned, and, in all matters contained herein, all parties will have an implied obligation of reasonableness, except as may be expressly set forth otherwise. Exhibit A Page 35 of 61 F. Governing Law. This Agreement is to be governed by, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. G. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement and the validity, enforceability, and application to any person, firm, corporation, or property will not be impaired thereby, but the remaining provisions are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the greatest extent permitted by applicable law. H. Entire Agreement. This Agreement, the Final Plat of Subdivision Resolution, the Final Engineering Plan Resolution, and the Final Landscape Plan Resolution constitute the entire agreement between the parties, superseding any and all prior agreements and negotiations between the parties, whether written or oral, relating to the subject matter of this Agreement. I. Interpretation. This Agreement is to be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Each provision of this Agreement is to be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. Any rule or construction that a document is to be construed against the drafting party is not applicable to this Agreement. J. Headings. The table of contents, heading, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. K. Exhibits/Conflicts. Exhibits A through D attached to this Agreement are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit to this Agreement and the text of this Agreement, the latter will control. L. Amendments and Modifications. No amendment or modification to this Agreement will be effective unless and until it is reduced to writing and approved and executed by all parties to this Agreement in accordance with all applicable statutory procedures. M. Changes in Laws. Unless otherwise explicitly provided in this Agreement, any reference to any Requirements of Law will be deemed to include any modifications of, or amendments to the Requirements of Law as may, from time to time, hereinafter occur. N. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation may be made, or be valid, against the City or Developer. O. Recording. The City will record this Agreement against the Property, at the sole cost and expense of Developer, with the Office of the Cook County Recorder of Deeds promptly following the full execution of this Agreement by the Parties. P. Counterparts. This Agreement may be executed in counterparts, each of which will constitute an original document and together will constitute the same instrument. [END OF TEXT - SIGNATURE PAGES FOLLOW] Exhibit A Page 36 of 61 IN WITNESS WHEREOF, the Parties have hereunto set their hands on the date first above written. ATTEST: CITY OF DES PLAINES, an Illinois home rule municipal corporation By: Jennifer L. Tsalapatanis Matthew J. Bogusz Its: Mayor ATTEST: REINVEST, LLC., an Illinois limited liability company By: By: Its: Its: Exhibit A Page 37 of 61 ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) This instrument was acknowledged before me on ____________, 2018, by Matthew J. Bogusz, the Mayor of the CITY OF DES PLAINES, an Illinois municipal corporation, and by Jennifer L. Tsalapatanis, the City Clerk of said municipal corporation. Given under my hand and official seal this ____ day of _________, 2018. Notary Public My Commission expires: SEAL STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) This instrument was acknowledged before me on ____________, 2018, by ____________________, the _____________________________ of REINVEST, INC., an Illinois limited liability company, and by ______________, the _________ of said limited liability company. Given under my hand and official seal this ____ day of _________, 2018. Notary Public My Commission expires: SEAL Exhibit A Page 38 of 61 EXHIBIT LIST Exhibit Description Exhibit A Legal Description of Property Exhibit B City of Des Plaines Approved List of Trees Exhibit C Form of Letter of Credit Exhibit D Form of Transferee Assumption Agreement Page 39 of 61 1 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of __________________, 2018 (the "Effective Date") by and between the CITY OF DES PLAINES, an Illinois home-rule municipal corporation (“Seller”), and the REINVEST LLC , an Illinois limited liability company. ("Purchaser"). In consideration of the recitals and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser (collectively, the “Parties”) agree as follows: Section 1. Recitals. A. The Seller currently owns fee simple title to that certain real property consisting of approximately 2.71 acres commonly known as 1896-1930 Lee Street and 1157-1175 Prospect Lane, in Des Plaines, Illinois, which is legally described on Exhibit A attached hereto (“Property”). B. Purchaser desires to purchase from Seller, and Seller desires to sell to Purchaser, the Property. C. On _______________, the City Council of the City of Des Plaines approved Ordinance No. ___________ authorizing Seller’s sale and redevelopment of the Property. D. Purchaser desires to acquire the Property for the purpose of redeveloping it in accordance with that certain “Residential Redevelopment Agreement” dated as of _______________________, 2018 between the Parties (“Redevelopment Agreement”) Section 2. Incorporation of Recitals. The Recitals are incorporated into this Agreement. Section 3. Purchase and Sale; Purchase Price. A. Purchase Price. In consideration of the covenants contained in this Agreement and the Redevelopment Agreement, Seller shall sell the Property to Purchaser, and Purchaser shall purchase the Property from Seller, subject to the terms of this Agreement and the Redevelopment Agreement. The purchase price for the Property is $600,000.00 (“Purchase Price”). B. Earnest Money. Purchaser has delivered to Seller pursuant to that certain Request For Proposals for the Purchase and Sale and Redevelopment of 1896-1930 Lee Street and 1157- 1175 Prospect Lane, Des Plaines, Illinois dated November 1, 2017 (“RFP”) the amount of ten percent of the Purchase Price via a cashier’s or certified check (“Earnest Money”). Upon the Seller’s acceptance and selection of the Purchaser’s proposal, pursuant to the RFP, and provided the Earnest Money has been received by the Seller’s bank account, the Seller will deliver the Earnest Money to Chicago Title Insurance Company ("Title Company"), c/o Linda Tyrell, 10 S. LaSalle St., Chicago, Illinois, 60603, Tel: 312-223-3361, Fax: 312-223-4857, email: linda.tyrell@ctt.com referencing Order No. 1401-008983012 as escrowee ("Escrowee"), by either certified or cashier’s check, or the wire of immediate available funds the Earnest Money. Exhibit B Page 40 of 61 2 Purchaser will cooperate with Seller in the funding of the Earnest Money with the Escrowee. Escrowee will hold the Earnest Money pursuant to the form strict joint order escrow agreement then in use by the Escrowee with such changes as may be necessary to conform to this Agreement. C. Balance of Purchase Price. Purchaser shall pay the Purchase Price, plus or minus prorations, credits, and adjustments as provided in this Agreement, at the Closing through a Closing Escrow (defined in Section 8 below) by wire transfer in accordance with wire instructions proved by the Title Company. D. Interest on Earnest Money. Purchaser will pay any fee charged by the Escrowee for placement of the Earnest Money in an interest bearing account and will sign such documents as required by Escrowee. Any interest earned on the Earnest Money shall be credited to Purchaser at the Closing. Section 4. Parties’ Preliminary Obligations and Rights. A. Seller’s Deliveries. Purchaser acknowledges receipt of copies of all of the following documents: (i) Title Commitment for the Property issued by the Title Company dated January 9, 2017 and identified as Order No. 1401-008983012 ("Title Commitment"); (ii) the ALTA/NSPS survey of the Property prepared by Gremley & Biedermann ("ALTA Survey"); (iii) the appraisal of the Property prepared by The JMS Appraisal Group, Inc. (“ Appraisal”); (iv) the Concept Plat of Subdivision previously approved by the Des Plaines Planning and Zoning Board (“Concept Plat”); and (v) the Phase 1 environmental site assessment of the Property prepared by Midwest Environmental Consulting Service Inc. (“Phase 1”) (collectively "Seller's Deliveries"). B. Title Commitment. Seller has obtained a preliminary commitment from the Title Company to issue to Purchaser at Closing an ALTA Owner's Title Insurance Policy (2006 version) (i) in the amount of the Purchase Price, (ii) with an extended coverage endorsement over all standard exceptions, (iii) insuring good, marketable, and insurable title to the Property, and (iv) with coverage over any “gap” period, all subject only to the Permitted Exceptions (defined in Section 5.B (ii)) (the "Title Policy"). Seller shall pay the cost for the Title Policy with an extended coverage endorsement over standard exceptions and Purchaser will pay for any other endorsements it requests. C. Surveys and Plats. (i) ALTA Survey. Seller has obtained an ALTA standard survey of the Property, that (a) is prepared by Gremley & Biedermann, (b) will be certified in favor of Seller, Purchaser and the Title Company, (c) complies with all requirements of the Title Company that are conditions to the removal of the survey exception from the standard printed exceptions in the Title Commitment, and (d) contains a certification as to the total acreage of the Property, and includes the Table A Items 1, 2, 3, 4, 8, 19, and 20. Seller shall provide four copies of the ALTA Survey to Purchaser. Seller shall pay the cost for the ALTA Survey. Exhibit B Page 41 of 61 3 (ii) Plat of Subdivision. Purchaser will commission a plat of subdivision that complies with the requirements of the subdivision regulations of the Seller (“Subdivision Regulations”) and includes accurate depictions of: (a) the Property; and (b) all other elements required by the Subdivision Regulations and the Illinois Plat Act (765 ILCS 205/0.01 et seq.) (“Plat of Subdivision”). Purchaser will deliver the Plat of Subdivision to Seller in sufficient time to submit the necessary applications for subdivision. Purchaser will pay the cost of the Plat of Subdivision. D. Environmental Assessment. Beginning on the Effective Date, Purchaser may cause to be performed one or more (i) environmental assessments, reviews, or audits, including without limitation a Phase I site assessment, of or related to the Property, (ii) tests or borings of the soil on the Property, (iii) other investigations or analyses concerning the environmental and physical condition of the Property (collectively, the “Environmental Assessments”). At Seller’s request, Purchaser shall provide a copy of any completed Environmental Assessment to Seller. Section 5. Due Diligence Period. A. Period and License. During the period that begins on the Effective Date and ends on the sixtieth (60th) day after the Effective Date ("Due Diligence Period"), Purchaser may conduct such investigations, inspections, reviews, and analyses of or with respect to the Property as Purchaser desires (“Due Diligence Activities”). The Due Diligence Activities may include, without limitation, reviews of Seller’s Deliveries, the Title Commitment, the ALTA Survey, and the Environmental Assessments. Seller hereby grants to Purchaser a license during the Due Diligence Period, for the use of Purchaser and its agents and contractors, to conduct Due Diligence Activities on the Property at any time upon 1 day’s prior notice to Seller. B. Review of Title Commitments and Surveys. (i) Identification of Unpermitted Exceptions and Commitment to Cure. Before the end of the Due Diligence Period, Purchaser shall send written notice ("Title Objection Notice") identifying any matter identified in such Title Commitment or Survey that Purchaser determines, will adversely affect Purchaser’s intended redevelopment of the Property, (the “Unpermitted Exceptions”), and the Seller commits, at Seller’s cost, to (a) cure or remove the Unpermitted Exception or (b) cause the Title Company to insure over the Unpermitted Exceptions ("Commitment to Clear Exceptions"); provided, however, that if the Unpermitted Exceptions, including the Must Cure Exceptions as identified below, exceed $50,000 to cure or insure over, Seller shall have the additional option of terminating this Agreement and the Redevelopment Agreement with no further obligation to Purchaser. Notwithstanding the process identified in this Section 5.B.(i), the following are Unpermitted Exceptions, whether or not Exhibit B Page 42 of 61 4 identified by Purchaser, that Seller must cure, and not merely insure over, prior to or at the Closing, and that Seller will be deemed to commit to cure in the Commitment to Clear Exceptions, whether or not Seller identifies them therein (collectively, the “Must Cure Exceptions”): (i) each mechanics’, materialmen’s, repairmen’s, contractors’ or other similar lien that encumbers the Premises, unless the lien arises from the acts of Purchaser, (ii) each mortgage, security deed, and other security instrument that encumbers the Premises, and (iii) all past due Real Estate Taxes (defined in Section 8.F) applicable to the Premises. (ii) Permitted Exceptions. Notwithstanding the process identified in Section 5.B.(i), the following exceptions identified in the Title Commitment are Permitted Exceptions (“Permitted Exceptions”): A-8; C-10; J-16; M-17; N- 18; O-19; P-20, and V-23. In addition, zoning and building ordinances/laws; any requirements by the Metropolitan Water and Reclamation District and all land use regulations that apply to the Property, the lien of taxes not yet due and payable and the standard exclusions and exceptions coverage in the jacket of the Title Policy (except for the general exception 1 through 5 noticed in the Title Commitment) and any matter of record shown in the Title Commitment that is not objected to by Purchaser in a Title Objection Notice, or is a Must Cure Exception, is a “Permitted Exception.” C. Review of Environmental Assessments; Environmental Work. (i) Remediation Notice. If Purchaser determines through its review of an Environmental Assessment, that there exists within the Property a condition that (a) may require environmental clean-up, remediation, or (in the case of underground and above ground storage tanks (collectively, “Storage Tanks”)) removal, and (b) may adversely affect Purchaser’s intended redevelopment of the Property (an “Environmental Condition”), then, before the end of the Due Diligence Period, Purchaser may send Seller either (a) a written notice terminating this Agreement, in which event neither party shall have any further liability to the other or (b) a written notice describing all clean-up work, remediation work, and removal of Storage Tanks that is required with respect to the Property (collectively, the “Environmental Work”) in reasonable detail and requesting that Seller either (1) perform or cause to be performed the described Environmental Work before the Closing or (2) provide Purchaser with a credit at Closing (the “Remediation Credit”) for the costs and expenses of the Environmental Work (a "Remediation Notice"); provided, however, that if the cost of the Environmental Work is projected to exceed $10,000, Seller shall have the additional option of terminating this Agreement with no further obligation to Purchaser. (ii) Seller’s Obligation to Complete Environmental Work; Remediation Notice Response. With respect to a Remediation Notice timely submitted Exhibit B Page 43 of 61 5 during the Due Diligence Period, then within 5 business days after receiving the Remediation Notice, Seller shall provide Purchaser with a written notice (a “Remediation Notice Response”) stating whether Seller (a) will comply with Purchaser’s request to perform the Environmental Work before the Closing or provide a Remediation Credit at the Closing or (b) declines to perform the Environmental Work before, or provide the Remediation Credit at, the Closing. If Seller does not timely provide a Remediation Notice Response, it will be deemed to have declined to either perform the Environmental Work or provide a Remediation Credit. If Seller declines to perform the Environmental Work before the Closing or provide the requested Remediation Credit, then Purchaser may terminate this Agreement. (iii) Performance of Environmental Work. If Seller elects to complete Environmental Work in response to a Remediation Notice, then Seller, at its own expense, shall hire a contractor selected by Seller to complete the Environmental Work before the Closing. D. Restoration and Insurance and Indemnity. (i) Restoration. If Due Diligence Activity (other than the Environmental Work) damages the Property, and the Purchaser does not acquire the portion of the Property that is damaged, then Purchaser shall restore the Property to a condition that is substantially the same as its condition prior to the performance of such Due Diligence Activity. (ii) Insurance. Purchaser agrees that it will cause it and any person accessing the Property hereunder to be covered by not less than $2,000,000 commercial general liability insurance (with, in the case of Purchaser’s coverage, a contractual liability endorsement, insuring its indemnity obligation under this Agreement), insuring all activity and conduct of such person while exercising such right of access and naming Seller as an insured, issued by a licensed insurance company qualified to do business in Illinois and otherwise reasonably acceptable to Seller. (iii) Indemnity. Purchaser agrees to indemnify, defend and hold harmless Seller and its officials, employees, contractors, and agents from any loss, injury, damage, cause of action, liability, claim, lien, cost or expense, including reasonable attorneys’ fees and costs, caused directly, or indirectly by any act or omission of Purchaser or its employees, agents, representatives, contractors or consultants conducting this Due Diligence. The indemnity in this Section 5.D.(iii) shall survive the Closing or any termination of this Agreement. Section 6. Representations and Warranties. A. Seller’s Representations and Warranties. The matters set forth in this Section 6 A constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. As soon as reasonably practicable after Seller Exhibit B Page 44 of 61 6 obtains actual knowledge of any material inaccuracy of any of the representations and warranties contained in this Agreement, Seller shall notify Purchaser in writing (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) (a “Correction Notice”) of such material inaccuracy of any of Seller’s representations and warranties set forth in this Agreement. If Purchaser receives any Correction Notice after expiration of the Due Diligence Period, Purchaser shall have a period of five (5) business days after receipt of such Correction Notice during which, in Purchaser’s sole discretion, Purchaser may terminate this Agreement by written notice to Seller, whereupon the Earnest Money and accrued interest thereon, if any, shall promptly be returned to Purchaser. As used in this Agreement, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual knowledge of either the City Manager or Director of Community and Economic Development of the City of Des Plaines. There shall be no duty imposed or implied to investigate, inquire, inspect, or audit any such matters, and there shall be no personal liability on the part of such persons. To the extent Purchaser has or acquires actual knowledge prior to the expiration of the Due Diligence that these representations and warranties are inaccurate, untrue or incorrect in any way, such representations and warranties shall be deemed modified to reflect Purchaser’s knowledge or deemed knowledge. Seller represents and warrants to Purchaser that as of the date hereof and as of the date of the Closing: (i) it has, or will have as of the date of Closing, the authority under statute and with the approval of its Corporate Authorities, to sell the Property to Purchaser; (ii) it has not entered into any agreements or granted any options pursuant to which any third party has the right to acquire all or any portion of the Property or any interest therein; (iii) there are not now and will not be at the Closing, any leases, tenancies, licenses, franchises, options or rights of occupancy or purchase, which will be binding upon Purchaser or the Property after the Closing; (iv) the Property is not affected by or subject to: (a) any pending or, to the best of its knowledge, threatened condemnation suits or similar proceedings or (b) other pending or, to the best of its knowledge, threatened claims, by or before any administrative agency or court; (v) to the best of its knowledge, there are no pending, scheduled, or noticed, requests, applications or proceedings to alter or restrict the zoning applicable to the Property; (vi) it is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986; and B. Purchaser’s Representations and Warranties. The matters set forth in this Section 6.B constitute representations and warranties by Purchaser which are now and Exhibit B Page 45 of 61 7 shall, at the Closing, be true and correct. Purchaser represents and warrants to Seller that as of the date hereof and as of the date of the Closing: (i) Purchaser has the legal power, right and authority to enter into this Agreement and to consummate the transactions contemplated hereby. (ii) The consummation of this transaction shall constitute Purchaser’s acknowledgment that it has independently inspected and investigated the Property and has made and entered into this Agreement based upon such inspection and investigation and its own examination of the condition of the Property. (iii) Purchaser is experienced in and knowledgeable about the ownership, development and management of real estate, and it has relied and will rely exclusively on its own consultants, advisors, counsel, employees, agents, principals and/or studies, investigations and/or inspections with respect to the Property, its condition, value and potential. Purchaser agrees that, notwithstanding the fact that it has received certain information from Seller or its agents or consultants, Purchaser has relied solely upon and will continue to rely solely upon its own analysis and will not rely on any information provided by Seller or its agents or consultants, except as expressly set forth in Section 6 A. (iv) Purchaser has the financial ability and resources to perform under this Agreement and the Redevelopment Agreement. C. No Other Warranties and Representations. Except as specifically set forth in this Agreement, Seller has not made, does not make and has not authorized anyone to make, any warranty or representation as to any written materials delivered to Purchaser, the persons preparing such materials, the truth, accuracy or completeness of such materials, the present or future physical condition, development potential, zoning, building or land use law or compliance therewith, the operation, income generated by, or any other matter or thing affecting or relating to the Property or any matter or thing pertaining to this Agreement. Purchaser expressly acknowledges that no such warranty or representation has been made and that Purchaser is not relying on any warranty or representation whatsoever other than as is expressly set forth in this Agreement or in the documents delivered by Seller pursuant to Section 4.A. Purchaser shall accept the Property “as is” and in its condition on the date of Closing subject only to the express provisions of this Agreement and hereby acknowledges and agrees that except as otherwise set forth in this Agreement or the documents to be delivered pursuant to Section 4.A, SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR WITH RESPECT TO, THE PROPERTY. (i) No Environmental Representations. Seller makes no representations or warranties as to whether the Property contains Exhibit B Page 46 of 61 8 asbestos, radon or any hazardous materials or harmful or toxic substances, or pertaining to the extent, location or nature of same, if any. Further, to the extent that Seller has provided to Purchaser information from any inspection, engineering or environmental reports concerning asbestos, radon or any hazardous materials or harmful or toxic substances, Seller makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. (ii) Release of Claims. Subject to the express provisions hereof, Purchaser acknowledges and agrees that Seller makes no representation or warranty as to, and Purchaser, for itself, its successors and assigns, waives and releases Seller from any present or future claims, at law or in equity, whether known or unknown, foreseeable or otherwise, arising from or relating to, the Property, this Agreement or the transactions contemplated hereby, including without limitation the presence or alleged presence of asbestos, radon or any hazardous materials or harmful or toxic substances in, on, under or about the Property, including without limitation any claims under or on account of (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as the same may have been or may be amended from time to time, and similar state statutes, and any regulations promulgated thereunder, (ii) any other federal, state or local law, ordinance, rule or regulation, now or hereafter in effect, that deals with or otherwise in any manner relates to, environmental matters of any kind, (iii) this Agreement, or (iv) the common law. Purchaser hereby specifically acknowledges that Purchaser has carefully reviewed this Section 6 and has discussed its import with legal counsel and that the provisions of this Section 6 are a material part of this Agreement. This Section 6 shall survive the Closing forever. Section 7. Covenants and Agreements. A. Seller’s Covenants and Agreements. Seller covenants and agrees with Purchaser that: (i) Seller shall not make, enter into, grant, amend, extend, renew or grant any waiver or consent under any lease, tenancy, easement, license or other agreement allowing the use or occupancy of all or any portion of the Property, without Purchaser's prior written consent. Exhibit B Page 47 of 61 9 (ii) Seller shall not enter into or amend any contracts, agreements or undertakings that will be binding upon Purchaser or the Property, without Purchaser's prior written consent. (iii) Seller shall not create, or allow the creation of, any encumbrance on the title of the Property, without Purchaser’s prior written consent (except for any Permitted Exceptions). (iv) Seller shall not take any action, directly or indirectly, to encourage, initiate, or engage or participate in discussions or negotiations with any third party concerning a potential sale of all or any portion of, or any interest in, the Property. (v) Seller shall promptly inform Purchaser of any developments which would cause any of its representations or warranties contained in this Agreement to be no longer materially accurate. B. Purchaser’s Covenants and Agreements (i) The Purchaser shall not take any action, directly or indirectly, to encourage, initiate, or engage or participate in discussions or negotiations with any third party concerning a potential sale of all or any portion of, or any interest in, the Property, except as allowed by the Redevelopment Agreement. (ii) Purchaser shall promptly inform Seller of any developments which would cause any of its representations or warranties contained in this Agreement to be no longer materially accurate. (iii) Purchaser will use its best efforts to complete all of its requirements under this Agreement and the Redevelopment Agreement on a timely basis. (iv) Purchaser will take any and all actions necessary to obtain financing for it to perform its obligations under this Agreement and the Redevelopment Agreement. Section 8. Closing. A. Conveyance and Possession. Seller shall convey title to Purchaser (i) to the Property by delivery of a Quit Claim Deed ("Seller's Deed"). Seller shall cause the Seller’s Deed to be in recordable form, subject to Permitted Exceptions. Seller shall deliver full and complete possession of the Property to Purchaser upon the Closing. B. Time, Place; Closing Escrow. (i) Time. The Closing will occur (i) no later than the 30th day following the later of (a) the expiration of the Due Diligence Period and (b) the completion of any Exhibit B Page 48 of 61 10 Environmental Work that Seller is required, or has agreed, to complete or provide a Remediation Credit for; or (ii) on another date mutually agreed to in writing by the Parties (the “Closing Date”). (iii) Place. The Closing will be at the office of the Title Company at 10 S. LaSalle St. Chicago, Illinois. The Parties need not physically attend a Closing. (iii) Closing Escrow. On or before the Closing, Purchaser and Seller shall establish an escrow in the usual form of deed and money escrow agreement then in use by Title Company with such changes made as may be necessary to conform with the provisions of this Agreement (a "Closing Escrow"). The Closing will be a "New York" style closing. C. Seller Closing Deliveries. At the Closing, Seller shall deliver or cause to be delivered to Purchaser the following, in each case, fully executed (as applicable): (i) evidence reasonably satisfactory to the Title Company of the authority of Seller to consummate the Closing, to the extent such authority is not apparent in the documents recorded when Seller acquired title to the Property, (ii) Seller’s Deed and other instruments of transfer and conveyance transferring the Property, free of all liens other than the Permitted Exceptions, (iii) to the extent required by the Title Company, a “gap” undertaking in customary form and substance for the “gap” period” through the applicable Closing Date or the date of recording, as the case may be, (iv) a current form of ALTA Statement in customary form and substance as required by the Title Company, (v) a counterpart to the closing statement, (vi) real estate transfer declarations or exemptions required by Applicable Laws (as defined in Section 12 D ii), (vii) all other documents, certificates, forms and agreements required by this Agreement or Applicable Law or customarily required by the Title Company, in order to close the transaction, including any instrument, assurance or deposit required for the Title Company to insure over Unpermitted Exceptions in such form, terms, conditions and amount as may be required by the Title Company, (viii) a non-foreign affidavit under Section 1445 of the Internal Revenue Code, (ix) Certified and recordable copies of the ordinances, and resolutions, associated with this Agreement, and Exhibit B Page 49 of 61 11 (x) a marked-up signed Title Commitment or signed Pro Forma title policy. D. Purchaser’s Closing Deliveries. At Closing, Purchaser shall deliver or cause to be delivered to Seller the following, in each case, fully executed (as applicable) and in form and substance reasonably satisfactory to Seller: (i) the Purchase Price, subject to the credits and other adjustments contemplated herein, (ii) a counterpart to the closing statement, (iii) to the extent required by the Title Company, a “gap” undertaking in customary form and substance for the “gap” period” through the applicable Closing Date or the date of recording, (“Gap Undertaking”), as the case may be, however, if this is a “cash” transaction and no lender is involved in this purchase then the Title Company has indicated they will not require a Gap Undertaking from the Purchaser, (iv) a current form of ALTA Statement in customary form and substance as required by the Title Company, (v) real estate transfer declarations or exemptions required by Applicable Laws (as defined in Section 12 D ii), (vi) all other documents, certificates, forms and agreements required by this Agreement or Applicable Law or customarily required by the Title Company, in order to close the transaction, (vii) Certified and recordable copies of the Plat of Subdivision and the Redevelopment Agreement, as signed by the Parties, which shall be recorded against the property at Closing, (viii) such additional information and materials as the Title Company and Seller reasonably request to evidence Purchaser’s compliance with its obligations under this Agreement or as otherwise required to be delivered by Applicable Laws, E. Closing Costs. At Closing, Seller shall pay (i) 50% of the Title Company’s closing fees related to such Closing, (ii) Seller's attorneys' fees related to such Closing (subject to the Redevelopment Agreement), (iii) the Remediation Credit, if any, applicable to Environmental Work completed prior to such Closing, (iv) the cost of the Title Policy, and (v) the cost of the ALTA Survey. Purchaser shall pay (i) 50% of the Title Company’s closing fees related to such Closing, (ii) 100% of the costs incurred in recording the Seller’s Deed, the Plat of Subdivision and Exhibit B Page 50 of 61 12 the Redevelopment Agreement and any other document required to be recorded by any entity providing funding to Purchaser, (iii) any costs incurred in connection with Purchaser's Due Diligence Activities related to the Due Diligence Period, (iv) Purchaser's attorneys' fees related to such Closing, (v) the cost of the Plat of Subdivision, and (v) the cost of any additional endorsements to the Title Policy requested by Purchaser. F. Prorations. All ad valorem, special tax roll, or other real estate taxes, charges, and assessments, including special assessments and special service area taxes, affecting the Property (collectively, “Real Estate Taxes”) shall be prorated on an accrual basis and on a per diem basis, disregarding any discount or penalty and on the basis of the fiscal year of the authority levying the same. If any Real Estate Taxes are assessed against the Property as of Closing Date, then Seller shall give to Purchaser a credit at the Closing based on 100% of the last tax bill and the Parties agree that when the actual Real Estate Tax bill is issued that they will re-prorate the amount due. All water, sewer, and other utility charges, if any, shall be prorated as of Closing. Notwithstanding the foregoing, and as indicated in the Title Commitment, the Property has exempt status for Real Estate Taxes and therefore there will not be any credit for Real Estate Taxes at Closing unless the Seller loses its tax exempt status from the Cook County Assessor. Section 9. Casualty; Condemnation. Promptly upon learning thereof, Seller shall give Purchaser written notice of any condemnation, damage or destruction of the Property occurring prior to the Closing. If prior to the Closing all or a material portion of the Property is condemned, damaged or destroyed by an insured casualty, Purchaser shall have the option of either (i) applying the proceeds of any condemnation award or payment under any insurance policies (other than business interruption or rental loss insurance) toward the payment of the Purchase Price to the extent such condemnation awards or insurance payments have been received by Seller, receiving from Seller an amount equal to any applicable deductible under any such insurance policy and receiving an assignment from Seller of Seller’s right, title and interest in any such awards or payments not theretofore received by Seller, or (ii) terminating this Agreement by delivering written notice of such termination to Seller and Escrowee within ten (10) days after Purchaser has received written notice from Seller of such material condemnation, damage or destruction. If, prior to the Closing, a portion of the Property is condemned, damaged or destroyed and such portion is not a material portion of the Property, the proceeds of any condemnation award or payment and any applicable deductible under any insurance policies shall be applied toward the payment of the Purchase Price to the extent such condemnation awards or insurance payments have been received by Seller and Seller shall assign to Purchaser all of Seller’s right, title and interest in any unpaid awards or payments. For purposes of this Section 9, the term “material portion” shall mean greater than ten percent (10%) of the value of the Property or an absence of reasonable access to the Property. If the damage or destruction arises out of an uninsured risk, Seller shall elect, by written notice within ten (10) days of the occurrence of such damage or destruction either to terminate this Agreement or to close the transaction contemplated hereby with a reduction of the Purchase Price equal to the costs of repairing the Property, as reasonably estimated by an engineer engaged by Seller and reasonably acceptable to Purchaser. Exhibit B Page 51 of 61 13 Section 10. Brokers. Seller and Purchaser each represents and warrants to the other that it knows of no broker or other person or entity who has been instrumental in submitting or showing the Property to Purchaser. If any broker or other person asserts a claim against one of the parties for a broker's commission, finder's fee, or similar payment in connection with the transactions contemplated in this Agreement, then that party shall indemnify and hold harmless the other party from and against any damage, liability or expense, including costs and reasonable attorneys' fees that that party incurs because of such claim. Section 11. Patriot Act. A. Definitions. All capitalized words and phrases and all defined terms used in the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) ("Patriot Act") and in other statutes and all orders, rules and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001, are collectively referred to as the "Patriot Rules" and are incorporated into this Section. B. Representations and Warranties. Purchaser and Seller hereby represent and warrant, each to the other, that each and every "person" or "entity" affiliated with each respective party or that has an economic interest in each respective party or that has or will have an interest in the transaction contemplated by this Agreement or in any property that is the subject matter of this Agreement or will participate, in any manner whatsoever, in the purchase and sale of the Property is, to the best of Purchaser's or Seller's knowledge: (i) not a "blocked" person listed in the Annex to Executive Order Nos. 12947, 13099 and 13224, (ii) in full compliance with the requirements of the Patriot Rules and all other requirements contained in the rules and regulations of the Office of Foreign Assets Control, Department of the Treasury ("OFAC"), (iii) operated under policies, procedures and practices, if any, that are in compliance with the Patriot Rules and available to each other for review and inspection during normal business hours and upon reasonable prior notice, (iv) not in receipt of any notice from the Secretary of State or the Attorney General of the United States or any other department, agency or office of the United States claiming a violation or possible violation of the Patriot Rules, (v) not listed as a Specially Designated Terrorist or as a blocked person on any lists maintained by the OFAC pursuant to the Patriot Rules or any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of the OFAC issued pursuant to the Patriot Rules or on any other list of terrorists or terrorist organizations maintained pursuant to the Patriot Rules, Exhibit B Page 52 of 61 14 (vi) not a person who has been determined by competent authority to be subject to any of the prohibitions contained in the Patriot Rules, and (vii) not owned or controlled by or now acting and or will in the future act for or on behalf of any person or entity named in the Annex or any other list promulgated under the Patriot Rules or any other person who has been determined to be subject to the prohibitions contained in the Patriot Rules. C. Mutual Notice; Termination. Each party covenants and agrees that in the event it receives any notice that it or any of its beneficial owners or affiliates or participants become listed on the Annex or any other list promulgated under the Patriot Rules or indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, the party that receives such notice shall immediately notify the other (the “Non-Blocked Party”) and the effect of the issuance of a notice pursuant to the Patriot Rules is that the Non-Blocked Party may elect to either: (i) obtain permission from OFAC to proceed with the Closing, in which case, the Closing Date shall be delayed until such permission is obtained, or (ii) send written notice to the other party terminating this Agreement, in which event the Parties shall have no further rights or obligations under this Agreement, except for those rights, liabilities or obligations that survive a termination of this Agreement. Section 12 . General Provisions. A. Integration; Modification. This Agreement and the Redevelopment Agreement constitute the entire agreement between the Parties pertaining to the Property and supersedes all prior agreements, understandings, and negotiations pertaining thereto. This Agreement may be modified only by a written amendment or other agreement that is lawfully approved and executed by the Parties. B. Further Actions. The Parties shall execute all documents and take all other actions consistent with this Agreement that are reasonably necessary to consummate the transactions contemplated in this Agreement. C. Confidentiality. Parties shall keep all negotiations, information, and documents related to this Agreement (including without limitation any appraisals or financial information) (collectively, “Negotiation Information”), strictly confidential and shall not disclose (and shall cause its attorneys consultants, and agents not to disclose) Negotiation Information to any third party, without the other party’s prior written consent, which consent may be granted or withheld. The obligations of this Section will survive Closing or the termination of this Agreement. Nothing in this Section will be deemed to prohibit disclosure of any information that is generally available to the public or is required to be disclosed pursuant to the Illinois Freedom of Information Act (140 ILCS 5/1 et seq.). Exhibit B Page 53 of 61 15 D. Interpretation. (i) Presumption. There is no presumption that this Agreement is to be construed for or against Seller or Purchaser, or either party as the principal author of the Agreement. Instead, this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach the intended result. (ii) Compliance with Applicable Laws; Governing Law. In performing their obligations under this Agreement, the Parties shall comply will all applicable federal, state, and local statutes, regulations, requirements, ordinances, and other laws (“Applicable Laws”). The internal laws of the State of Illinois, without regard to its conflict of laws rules, shall govern the interpretation of this Agreement. (iii) Headings and Exhibits. The Section headings in this Agreement are used as a matter of convenience and do not define, limit, construe or describe the scope or intent of the text within such headings. The following Exhibits attached hereto are incorporated herein as an integral part of this Agreement: Exhibit A: Legal Description of Property (iv) Non-Waiver. Except as expressly provided in this Agreement, the mere failure by a party to insist upon the strict performance of any obligation of this Agreement or to exercise any right or remedy related to a default thereof shall not constitute a waiver of its rights. If a party waives a right under this Agreement, that waiver shall not be deemed a waiver of any other right. (v) Severability. If any provision of this Agreement is invalid or unenforceable against any party under certain circumstances, then this Agreement will be deemed to be amended by deleting such provision. This Agreement will be enforceable, as amended, to the fullest extent allowed by Applicable Laws and so long as the amendment does not result in a failure of consideration. (vi) Time. Time is of the essence in the performance of this Agreement. If any date upon which action is required under this Agreement is a Saturday, Sunday, or legal holiday, the date will be extended to the first business day after such date that is not a Saturday, Sunday or legal holiday. E. Enforcement. (i) Default. (a) Seller’s Remedies. In the event Purchaser shall default in its obligation to purchase the Property from Seller pursuant to this Agreement for any reason, except Seller’s default or the permitted termination of this Agreement by Purchaser or Seller as herein expressly provided, Purchaser shall be in breach of its obligations Exhibit B Page 54 of 61 16 hereunder and Seller shall be released from any further obligations hereunder. BY INITIALING BELOW, PURCHASER AND SELLER HEREBY ACKNOWLEDGE AND AGREE THAT SELLER’S ACTUAL DAMAGES IN THE EVENT OF SUCH A BREACH OF THIS AGREEMENT BY PURCHASER WOULD BE EXTREMELY DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT THE AMOUNT OF THE EARNEST MONEY DEPOSIT IS THE PARTIES’ BEST AND MOST ACCURATE ESTIMATE OF THE DAMAGES SELLER WOULD SUFFER IN THE EVENT THE TRANSACTION PROVIDED FOR IN THIS AGREEMENT FAILS TO CLOSE, AND THAT SUCH ESTIMATE IS REASONABLE UNDER THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT. PURCHASER AND SELLER AGREE THAT SELLER’S RIGHT TO RETAIN THE EARNEST MONEY DEPOSIT SHALL BE THE SOLE REMEDY OF SELLER AT LAW IN THE EVENT OF SUCH A BREACH OF THIS AGREEMENT BY PURCHASER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION, IF PURCHASER BRINGS AN ACTION AGAINST SELLER FOR AN ALLEGED BREACH OR DEFAULT BY SELLER OF ITS OBLIGATIONS UNDER THIS AGREEMENT, RECORDS A LIS PENDENS OR OTHERWISE ENJOINS OR RESTRICTS SELLER’S ABILITY TO SELL AND TRANSFER THE PROPERTY OR REFUSES TO CONSENT TO OR INSTRUCT RELEASE OF THE EARNEST MONEY DEPOSIT TO SELLER IF REQUIRED BY ESCROW AGENT (EACH A “PURCHASER’S ACTION”), SELLER SHALL NOT BE RESTRICTED BY THE PROVISIONS OF THIS SECTION FROM BRINGING AN ACTION AGAINST PURCHASER SEEKING EXPUNGEMENT OR RELIEF FROM ANY IMPROPERLY FILED LIS PENDENS, INJUNCTION OR OTHER RESTRAINT, AND/OR RECOVERING FEES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) WHICH SELLER MAY SUFFER OR INCUR AS A RESULT OF ANY PURCHASER’S ACTION; AND THE AMOUNT OF ANY SUCH FEES, COSTS AND EXPENSES AWARDED TO SELLER SHALL BE IN ADDITION TO THE LIQUIDATED DAMAGES SET FORTH HEREIN. NOTHING IN THIS AGREEMENT SHALL, HOWEVER, BE DEEMED TO LIMIT PURCHASER’S LIABILITY TO SELLER FOR DAMAGES OR INJUNCTIVE RELIEF FOR BREACH OF PURCHASER’S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT OR THE REDEVELOPMENT AGREEMENT. ACCEPTED AND AGREED TO: Seller Purchaser (b) Purchaser’s Remedies. In the event Seller shall default in its obligation to convey the Property to Purchaser pursuant to this Agreement for any reason, except Purchaser’s default or the permitted termination of this Agreement by Seller or Purchaser as herein expressly provided, Purchaser shall be entitled, as its sole and exclusive remedy, to either (i) (a) terminate this Agreement (by delivering notice to Seller which includes a waiver of any right, title or interest of Purchaser in the Property) or (b) if Purchaser so elects, pursue an action at law for recovery of Purchaser’s actual Exhibit B Page 55 of 61 17 out-of-pocket third-party costs incurred as part of Purchaser’s due diligence efforts hereunder, subject to the Maximum Liability Cap (as defined below in Section 12.E (v)), which action must be commenced, if at all, within the sixty (60) day period following the occurrence of such default of Seller (the “Limitation Period”); provided, however, that if, within the Limitation Period, Purchaser gives Seller written notice of such a breach and Seller commences to cure and thereafter terminates such cure effort, Purchaser shall have an additional thirty (30) days from the date of such termination within which to commence an action at law for third-party costs, as aforesaid, as a consequence of Seller’s failure to cure or (ii) treat this Agreement as being in full force and effect and pursue only the specific performance of this Agreement, provided that Purchaser must commence any action for specific performance within sixty (60) days after the scheduled Final Closing Date. Purchaser waives any right to pursue any other remedy at law or equity for such default of Seller, including, without limitation, any right to seek, claim or obtain damages, punitive damages or consequential damages. In no case shall Seller ever be liable to Purchaser under any statutory, common law, equitable or other theory of law, either prior to or following the Closing, for any lost rents, profits, “benefit of the bargain,” business opportunities or any form of consequential damage in connection with any claim, liability, demand or cause of action in any way or manner relating to the Property, the condition of the Property, this Agreement, or any transaction or matter between the parties contemplated hereunder. Purchaser’s remedies hereunder are in addition to the right to receive the return of the Earnest Money to the extent it is not applied to the Purchase Price in connection with Purchaser’s action for specific performance. (ii) Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and assigns, if any. In the event the Purchaser wishes to assign this Agreement then such assignment is subject to the Seller’s prior approval, the principals of the Purchaser must remain the principals of the assignee, and an assignment and assumption agreement, as approved by Seller must be signed by the Purchaser and its assignee. (iii) Attorney Fees. In any litigation filed to enforce this Agreement, the Parties will be responsible to pay its own attorney's fees, except as noted above in Section 12 E (i)(a). (iv) Venue. Venue for any litigation concerning the enforcement of this Agreement shall be in the Circuit Court of Cook County, Illinois, or the federal district court for the Northern District of Illinois. (v) Limitation on Liability. In any action or actions brought to enforce the obligations of Seller under this Agreement or any other document delivered in connection herewith, the judgment(s) or decree(s) shall be subject to the provisions of this Section and shall, otherwise in any event, be enforceable against Seller only up to an aggregate maximum amount of $50,000 (“Maximum Liability Cap”). F. Execution of Agreement. (i) Corporate Authority Approval Required. Exhibit B Page 56 of 61 18 (a) Effectiveness; Irrevocable Offer. Purchaser acknowledges that (1) this Agreement is not effective until it is approved by Seller’s City Council in accordance with Applicable Laws and executed by the Seller’s Mayor, (2) by executing this Agreement and delivering it to Seller, Purchaser has made an offer to Seller to enter into this Agreement, (3) such offer may be accepted by the lawful approval of the Agreement by Seller’s City Council, and (4) that such offer is irrevocable until 30 days after approval by the City Council and execution by the Mayor. (b) Consideration. Purchaser acknowledges that Seller’s good faith consideration of this Agreement and Purchaser’s irrevocable offer, is adequate consideration for Seller’s agreements in this Section. (ii) Counterparts and Effectiveness. The Parties may execute this Agreement in multiple counterparts, all of which taken together will constitute a single Agreement binding on the Parties, notwithstanding that the Parties are not signatories to the same counterpart. This Agreement will be deemed fully executed, and effective as of the Effective Date, when each party has executed at least one counterpart. Any signature of a party to this Agreement that is sent by that party to the other party via a telefax transmission or via an email transmission in a PDF format shall be deemed a binding signature hereto. Each party shall deliver an original signature to the other party upon the other party's request. (iii) Representations and Warranties. Purchaser and Seller, represents and warrants to each other that (i) it has the requisite power and authority to enter into and perform the terms of this Agreement, (ii) the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby (a) have been duly authorized by all necessary action and authority and (b) do not violate any agreement to which it is a party, and (iii) no other proceedings on its part, other than as noted in this Agreement, are necessary in order to permit him, her, or it to consummate the transactions contemplated hereby, and (iv) the person executing this Agreement on its behalf, is fully authorized to execute this Agreement, and, by doing so, to bind or it to the obligations under this Agreement. G. Notices. Notices under this Agreement must be delivered (i) personally, (ii) by overnight delivery by a nationally recognized courier service, or (iii) by email, with confirmation of each successful email transmission retained and provided by sender upon addressee’s request. Notices under this agreement must be sent to the following addresses or to such other or further addresses as a party may hereafter designate by notice: if to Seller: CITY OF DES PLAINES 1420 Miner St. Exhibit B Page 57 of 61 19 Des Plaines, IL 60016 Attn.: Michael Bartholomew, City Manager Email: mbartholomew@desplaines.org with a copy to: Holland & Knight LLP 131 South Dearborn, 30th Floor Chicago, Illinois 60603 Attn: Peter Friedman Email: peter.friedman@hklaw.com Cc: megan.cawley@hklaw.com if to Purchaser: REINVEST LLC 2500 E. Devon Ave, Suite 200 Des Plaines, IL 60018 Attn: Agnieszka Moore Stanislaw Dabrowski with a copy to: Loza Law Offices P.C. 2500 E. Devon Ave., Suite 200 Des Plaines, IL 60018 Attn: Marek A. Loza, Email: mloza@lozalaw.com Any notice shall be deemed given upon actual receipt. Nothing in this Section will be deemed to invalidate a notice that is actually received, even if it is not given in strict accordance with this Section. H. Time of Essence. Time is of the essence to this Agreement and to all dates and time periods set forth herein. I. Deliberately Omitted. J. Assignment by Purchaser. Purchaser may not assign its rights under this Agreement except as provided in the Redevelopment Agreement. K. Recordation. This Agreement may not be recorded and any attempt to do so shall be of no effect whatsoever. Exhibit B Page 58 of 61 21 The undersigned execute this Agreement on the dates next to their signatures and acknowledge that this Agreement will become effective as of the Effective Date. SELLER: CITY OF DES PLAINES, an Illinois home rule municipality By: Name: Matthew A. Bogusz Title: Mayor ATTEST: By: Name: Jennifer L. Tsalapatanis Title: City Clerk PURCHASER: RE INVEST, LLC, an Illinois limited liability company By: Name: Agdieszka Moore Title: Manager Attest: By: Name: Stanislaw Dabrowski Title: Manager Exhibit B Page 59 of 61 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: THE EAST 50 FEET OF LOT 28 AND ALL OF LOTS 29 AND 30 IN DEXTER ACRES, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOTS 1, 2 AND 3 IN DELGADO'S FIFTH RESUBDIVISION, BEING A RESUBDIVISION THE EAST 257 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THE SOUTH 380 FEET THEREOF), IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 7 IN THE FIRST ADDITION TO ORCHARD LAKE SUBDIVISION, BEING A SUBDIVISION OF THE EAST 257.0 FEET OF THE SOUTH 380.0 FEET (MEASURED ON THE EAST AND SOUTH LINE THEREOF) OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N.s: 09-29-101-100-0000, 09-29-101-101-0000, 09-29-101-134-0000, 09-29- 101-179-0000, 09-29-101-211-0000, 09-29-101-212-0000, 09-29-101-213- 0000 Commonly known as 1896-1930 Lee Street 1157-1175 Prospect Lane, Des Plaines, Illinois Exhibit B Page 60 of 61 EXHIBIT B APPROVED TREE LIST FRONTIER ELM The Frontier elm has a high tolerance to Dutch elm disease (DED) and grows to a mature height of 25’. This hardy, tolerant tree is a good choice for residential landscapes and along city streets. TRIUMPH ELM The Triumph Elm is an Asian hybrid that grows to a mature height of 60’ with an upright to vase-shaped form. Good resistance to Dutch elm disease, elm yellows and elm leaf beetle. Glossy green leaves, yellow fall color. AMERICAN HORNBEAM The American hornbeam is a native forest understory tree in the Chicago area growing to a mature height of 40’ making it useful for shady landscapes and naturalized or woodland gardens. SWAMP WHITE OAK The Swamp White Oak has a rounded crown shape that grows to a mature height of 50’. Excellent for planting in city conditions. GINKGO The Ginko tree grows to a mature height of 100’ with older individuals tending to have a more spreading appearance with irregular branches. AUTUMN BLAZE MAPLE The Autumn Blaze Maple will grow to a mature height of 50’ with a rounded crown. Maturity comes relatively quick making their fast growth a popular urban tree. KENTUCKY COFFEETREE The Kentucky Coffeetree will grow to a mature of 75’ and is tolerant to a wide range of soil types. It has a spreading canopy is capable of blocking sunlight and adds visual interest and beauty to landscaping. CHANTICLEER PEAR The Chanticleer Pear will grow to a mature height of 40’ and is a fruitless tree that with has a brilliant white blossoms in spring. COCKSPUR THORNLESS HAWTHORN The Cockspur Hawthorn will grow to a mature height of 25’. It is very tolerant to dry hot sites and is generally maintenance free. Spring flowers are white with dark green foliage turning orange in fall. SERVICEBERRY TREE The Serviceberry will grow to a mature height of 25’ and offers four seasons of beautiful blossoms, pome fruits, autumn leaf colors, and bark color in winter. AMERICAN SENTRY LINDEN The American Sentry linden will grow to a mature height of 45’. It is reported to have some resistance to Japanese beetle. It is a dense shade tree with heart-shaped leaves and fragrant flowers; this cultivar is particularly symmetrical. IVORY SILK TREE LILAC The Ivory Silk Tree will grow to a mature height of 25’. It has reddish brown, cherry-like bark which becomes gray and scaly with age. Exhibit B Page 61 of 61 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 20, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager Michael McMahon, Community and Economic Development Director From: Patrick Ainsworth, Economic Development Coordinator Subject: Resolution Amendment Request for Business Assistance Program, 1530-1534 Oakton Street (2nd Ward) Issue: The owners of American Wildburger are requesting an extension to the previously approved Resolution R-82-17 to complete build-out and façade enhancements to the property at 1530-1534 Oakton Street. Analysis: The owners of American Wildburger, which is currently located at 1550 Oakton Street, purchased the property next door, 1530-1534 Oakton Street. The owners are improving half of this building to move their restaurant into the unit at 1534 Oakton Street. They applied for a building permit, as well as a Business Assistance Grant Application under Interior Build-Out and Façade Improvement. On May 1, 2017, City Council approved Resolution R-82-17 for American Wildburger to receive $15,000 towards the interior build- out and $17,350 towards façade improvements for the property at 1530-1534 Oakton Street (Attachment 1). Per the Business Assistance Program Guidelines, the applicants have one year from the date of the award to complete their project and submit all necessary paperwork for the reimbursement. The new American Wildburger space is still under construction and the applicants are requesting an extension of the resolution to finish construction and submit all reimbursement documentation (Attachment 2). The applicants were administratively approved for a six-month extension on their current building permit. Attachment 3 shows the progress being made on the interior of the new American Wildburger Restaurant. Recommendation: I recommend approval of Resolution R-73-18 to extend the grant reimbursement deadline until October 1, 2018. Attachments: Attachment 1: Adopted Resolution R-82-17, Approving a Business Assistance Program Application for 1530- 1534 Oakton Street Attachment 2: Letter from American Wildburger owners requesting an extension of their Business Assistance Grant Attachment 3: Progress Photos of the Interior Build-Out Attachment 4: Resolution R-73-18, Approving an Extension for the Business Assistance Program Application for the property at 1530-1534 Oakton Street MEMORANDUM Page 1 of 7 CITY OF DES PLAINES RESOLUTION R - 82 - 17 A RESOLUTION APPROVING A BUSINESS ASSISTANCE PROGRAM GRANT FOR FA(ADE IMPROVEMENTS AND INTERIOR BUILD -OUT AT 1530- 1534 OAKTON STREET. WHEREAS, the City has appropriated funds for use by the Community and Economic Development Department during the 2017 fiscal year for the disbursement of grants through the Business Assistance Program ("Program "), which offers to grants to reimburse owners of eligible commercial properties within the City up to 50 percent of the cost of improving or rehabilitating the facades of the properties, up to a total amount of $20,000.00 ("Facade Improvement Grant"), and up to 50 percent of the cost of improving or rehabilitating the interior of the properties, up to a total amount of $15,000.00 ("Interior Build -Out Grant") (collectively, "Grants"); and WHEREAS, American Wildburger ("Applicant") is the owner of the vacant property commonly known as 1530-1534 Oakton Street in the City ("Subject Property") and plans to renovate the Subject Property to create two tenant spaces; and WHEREAS, the Applicant has applied for a Facade Improvement Grant to complete facade renovations on the Subject Property ("Facade Improvements") and to complete the interior build -out, which includes constructing a demising wall to create two tenant spaces, new common r t oomcand a fill restaurant renovation one thetenantspaces the Subject Propertyes_r....__ ,,, re VKKr . _.,_..,vat:on of .,n„ of on h,, Sub e t 1 t,rtj% Interior Improvements"); and WHEREAS, the estimated cost of the Facade Improvements is $34,700.00 and the Interior Improvements is $117,003.00; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve and authorize the Facade Improvement Grant to reimburse the Applicant for 50 percent of the cost of the Facade Improvements at the Subject Property, in an amount not to exceed 17,350.00, and the Interior Build -Out Grant to reimburse the Applicant for 50 percent of the cost of the Interior Improvements at the Subject Property, in an amount not to exceed $15,000.00; 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 GRANT. The City Council hereby approves the Facade Improvement Grant to reimburse the Applicant for the Facade Improvements at the Subject Property in accordance with the Program guidelines and in an amount not to exceed $17,350.00 and hereby approves the Interior Build -Out Grant for the Interior Improvements at the Subject Property in accordance with the Program guidelines and in an amount not to exceed $15,000.00. 1 Attachment 1 Page 2 of 7 SECTION 3: AUTHORIZATION TO DISBURSE GRANT. The City Council hereby authorizes and directs the City Manager or his designee to take all necessary and appropriate action to reimburse the Applicant for 50 percent of the cost of the Facade Improvements and the Interior Improvements at the Subject Property in accordance with the Program guidelines and in amounts not to exceed $17,350.00 for the Facade Improvements and $15,000.00 for the Interior Improvements. 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 _1Sr day of `l , 2017. APPROVED this'' day of Wilti 2017. VOTE: AYES NAYS () ABSENT 2 ATTEST: Approve to form: 42.41,64A. J-(1,67-- Wfir C1144,0( DE UTY CITY CLERK Peter M. Friedman, General Counsel DP -Resolution Approving the BAP Application for 1530- 1534 Oakton Street 7 Attachment 1 Page 3 of 7 March 14th, 2018 Ricardo Talavera American Wild Burger LLC 1550 E. Oakton St Des Plaines, IL 60018 Patrick M. Ainsworth Economic Development, City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 Re: 1530 - 1532 E. Oakton Patrick, I am providing an update of the progression of the build out at American Wild Burger. We first broke ground in the location 10 months ago. We put all new drainage underground that includes floor drains as well as grease traps and new large bathroom drains etc. Demolition of existing interiors and new framing have also been completed. We have removed old electrical services all the way to the utility pole and put in all new services to accommodate a modern electrical service. We have completed extensive exterior work by adding new entry and exit doors openings as well. We had a delay in the project due to some financing needs which have since been handled. We have secured the necessary funds to complete the project over the next 90 days. We expect to have our first rough inspections within 45 days. Our building permits have been extended by 6 months to accommodate our project completion. I am requesting an extension of 6 months for the reimbursement payment under the business assistance program from May 1st, 2018 to October 1st, 2018. We are very excited to open a new staple sit down restaurant in Des Plaines and our team is working vigorously to make this happen summer months. Thank you, Ricardo Talavera Attachment 2 Page 4 of 7 Attachment 3 Page 5 of 7 CITY OF DES PLAINES RESOLUTION R - 73 - 18 A RESOLUTION APPROVING AN EXTENSION OF THE BUSINESS ASSISTANCE PROGRAM GRANT FOR FAÇADE IMPROVEMENTS AND INTERIOR BUILD-OUT AT 1530-1534 OAKTON STREET. _______ WHEREAS, American Wildburger, LLC (“Applicant”) is the owner of the property commonly known as 1530-1534 Oakton Street in the City ("Subject Property"); and WHEREAS, on May 1, 2017, the City Council adopted Resolution No. R-82-17, granting Applicant a façade improvement grant and an interior build-out grant (collectively, “Grants”) through the City of Des Plaines Business Assistance Program (“Program”), subject to certain terms and conditions; and WHEREAS, pursuant to the Grants, Applicant would be reimbursed up to $17,350 of the cost of certain façade improvements at the Subject Property and up to $15,000 of the cost of interior improvements at the Subject Property (collectively, the façade improvements and the interior improvements are the “Improvements”); and WHEREAS, pursuant to the Program guidelines, and in order to receive the Grants, Applicant must complete the Improvements and submit all necessary paperwork for reimbursement to the City within 12 months after approval of the Grants (“Completion Deadline”); and WHEREAS, on March 14, 2018, Applicant submitted a request to the City to extend the Completion Deadline to October 1, 2018 ("Extension"); and WHEREAS, the Improvements are still under construction and Applicant’s building permit has been administratively approved for a six-month extension; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Extension; 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 EXTENSION. The City Council hereby approves the Extension of the Completion Deadline for the Grants, subject to, and contingent upon, the same terms and conditions set forth in Resolution No. R-82-17. Attachment 4 Page 6 of 7 2 SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage, approval according to law. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Granting 6 month extension for Business Assistance Grant 1530-1534 Oakton St. #55896205_v2 Attachment 4 Page 7 of 7 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 9, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Bid Award through NWMC –Thermoplastic Lane Marking Issue: The approved 2018 budget includes $55,000 for pavement marking improvements throughout the City. Analysis: The Public Works and Engineering Department contracts thermoplastic street lane marking each year based on a citywide survey of existing markings. Thermoplastic is a plastic resin applied while hot, which gives it a much longer wear life than latex paint. This project consists of removing and repainting centerlines, crosswalks, stop bars, and parking lane lines. Attached is a copy of the Suburban Purchasing Cooperative (Northwest Municipal Conference) contract #158 extension summary for thermoplastic lane marking. Below are the effective rates for 2018 which reflects a 5% increase in rates from 2016: Item Description Unit of Measure 2017 2018 4 inch marking line Linear feet $0.49 $0.52 6 inch marking line Linear feet $0.70 $0.76 12 inch marking line Linear feet $1.44 $1.52 24 inch marking Line Linear feet $3.34 $3.78 Letters & Symbols Square Feet $3.60 $3.51 Removal Square Feet $0.41 $0.41 Recommendation: We recommend approval of the thermoplastic lane marking bid award #158 through the Suburban Purchasing Cooperative (Northwest Municipal Conference), from Superior Road Striping Inc., 1967 Cornell Court, Melrose Park, Illinois 60160, in the not-to-exceed amount of $55,000. This project will be funded from budgeted Capital Projects Street Pavement Markings (400-00-000-0000.6165) and TIF #1 Miscellaneous Contractual Services (201-00-000-0000.6195). Attachments: Attachment 1 - Suburban Purchasing Cooperative Contract #158 Award Letter Resolution R-74-18 MEMORANDUM Page 1 of 4 Attachment 1 Page 2 of 4 1 CITY OF DES PLAINES RESOLUTION R - 74 - 18 A RESOLUTION AUTHORIZING THE PROCUREMENT OF STREET LANE MARKING WORK FROM SUPERIOR ROAD STRIPING, 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, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the City has appropriated funds in the Capital Projects Street Pavement Markings Fund and the TIF #1 Miscellaneous Contractual Services Fund for use by the Public Works and Engineering Department during the 2018 fiscal year for the procurement of pavement and street lane marking work (“Work”); and WHEREAS, the City is a member of the Northwest Municipal Conference ("NWMC"), a corporate organization representing municipalities and townships located within the State of Illinois and the Counties of Cook, DuPage, Kane, Lake and McHenry; and WHEREAS, the City participates in the NWMC Suburban Purchasing Cooperative ("SPC"), which permits local governments to purchase commodities and services according to contracts bid and negotiated by the NWMC, resulting in significant savings for the City; and WHEREAS, the SPC sought bids for SPC Contract #158 for the procurement of the Work; and WHEREAS, the SPC identified Superior Road Striping, Inc. (“Contractor”) as the lowest responsible bidder for SPC Contract #158; and WHEREAS, the City has determined that the SPC's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, the City Council has determined that it is in the best interest of the City to procure the Work from Contractor in accordance with Contract #158 in the unit price amounts of $0.52 per linear foot for four-inch lines, $0.76 per linear foot for six-inch lines, $1.52 per linear foot for 12-inch lines, $3.78 per linear foot for 24-inch lines, $3.51 per square foot for letters and symbols, and $0.41 per square foot for the removal of pavement and street markings, all in the total not-to-exceed amount of $55,000; Page 3 of 4 2 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 PROCUREMENT. The City Council approves the procurement of the Work from Contractor pursuant to SPC Contract #158 in the total not-to-exceed amount of $55,000. SECTION 3: AUTHORIZATION OF PROCUREMENT. The City Manager is authorized and directed to execute such documents approved by the General Counsel and to make such payments, on behalf of the City, as are necessary to complete the procurement of the Work from Contractor pursuant to SPC Contract #158 in the total not-to-exceed amount of $55,000. 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 _________________, 2018. APPROVED this ___ day of ____________________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Contract for Street Lane Marking with Superior Road Striping through NWMC 2018. Page 4 of 4 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: March 14, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Purchase through NJPA–Asphalt Roller Issue: The approved 2018 budget includes $55,000 for the purchase and delivery of an asphalt roller. Analysis: The Street Division primarily uses the asphalt roller during resurfacing operations. Staff assessed different manufacturers for this type of equipment and it has been determined that the Dynapac CC1300 asphalt roller will best suit the City’s needs. This equipment is competitively bid through the National Joint Powers Alliance (NJPA) Contract #032515-ACC and HGAC Buy contract #SM10-16. Both of these cooperative purchasing agencies provide the same pricing for this piece of equipment, however the NJPA contract utilizes the regional supplier for roller parts/warranty work. Per NJPA Contract, this asphalt roller can be purchased from Casey Equipment Company, Inc., in the amount of $52,425. Proposals were obtained from additional vendors for comparison purposes with the equipment costs shown in the chart below: NJPA contract pricing $52,425 HGAC Buy $52,425 Kion North America $54,270 CMC Construction Machinery Company $56,437 Recommendation: We recommend the purchase of a Dynapac CC1300 asphalt roller through the National Joint Powers Alliance Contract # 032515-ACC from Casey Equipment Company, 1603 E. Algonquin Rd, Arlington Heights, IL 60005, in the amount of $52,425. This purchase will be funded through the Equipment Replacement Fund (410-00-000-0000-8015). Attachments: Attachment 1 –NJPA Price Quote for Dynapac CC1300 asphalt roller Resolution R-75-18 MEMORANDUM Page 1 of 4 CONTRACTOR – MUNICIPAL – AGRICULTURAL EQUIPMENT SALES * SERVICE * PARTS * RENTAL 1603 E. Algonquin Road Arlington Heights, IL 60005 847-437-8686 Fax: 847-437-8738 16754 New Avenue Lemont, IL 60439 630-257-1261 Fax: 630-257-0614 1548 Huntwood Drive Cherry Valley, IL 61016 815-332-8222 Fax: 815-332-3056 HOW ORDERED CUSTOMER ORDER NUMBER DATE ORDERED 3/08/2018 INVOICE DATE SALESPERSON Todd Pinkston REQUISITION NUMBER DATE SHIPPED INVOICE NUMBER SOLD TO: CONTACT INFORMATION: COMPANY NAME Des Plaines Public Works CONTACT NAME Jason Ostrowski STREET ADDRESS 1111 Joseph Schwab Road PHONE FAX (847)391-5471 CITY STATE ZIP Des Plaines IL. 60016 EMAIL ADDRESS jostrowski@desplaines.org DATE REQUIRED DELIVERY COLLECTED F.O.B. Delivered CUSTOMER NUMBER TERMS Net 10 Days CHARGE C.O.D. PAID ORD. SHIP. DESCRIPTION PRICE EACH EXTENSION 1 Dynapac CC1300 Asphalt Roller – Kubota 45hp Diesel 51” Double Drum – 8,600# - Backup Alarm – Beacon - ROPS Lockable Instrument Panel – Dual F & R Controls - Worklights Pressurized Sprinkler System w/Timer – 53 Gal. Water Reservoir NJPA Delivered Price *** $51,395. Sun Canopy Add *** $1,030. Casey NJPA Delivered Price $52,425. Quote valid 30 days One Year/1,500 Hour Factory Warranty WRITTEN BY Todd Pinkston (847)826-3710 ORDERED BY: APPROVED BY: TITLE DATE REMARKS Price quoted based on NJPA Contract #032515-ACC *THIS IS NOT AN INVOICE: INVOICE WILL FOLLOW. ALL CHARGES PAYABLE IN ARLINGTON HEIGHTS, IL PER TERMS OF INVOICE. *FINAL ACCEPTANCE OF THIS ORDER REQUIRES SIGNED APPROVAL BY AN OFFICER OF CASEY EQUIPMENT COMPANY. *ALL PRICING IS FIRM FOR 30 DAYS FROM THE DATE ORDERED. Attachment 1 Page 2 of 4 1 CITY OF DES PLAINES RESOLUTION R - 75 - 18 A RESOLUTION AUTHORIZING THE PURCHASE OF AN ASPHALT ROLLER FROM CASEY EQUIPMENT COMPANY, INC. THROUGH THE NATIONAL JOINT POWERS ALLIANCE CONTRACT._____________________ WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage intergovernmental cooperation; and WHEREAS, the City has appropriated funds in the Equipment Replacement Fund for use by the Public Works and Engineering Department during the 2018 fiscal year for the purchase and delivery of an asphalt roller ("Equipment"); and WHEREAS, the City is a member of the National Joint Powers Alliance ("NJPA"), a public agency that provides cooperative purchasing solutions for government and educational agencies; and WHEREAS, the NJPA sought bids for the award of NJPA Contract #032515-ACC for the purchase of the Equipment; and WHEREAS, the NJPA identified Casey Equipment Company, Inc. ("Vendor") as the lowest responsible bidder for NJPA Contract #032515-ACC; and WHEREAS, the City has determined that the NJPA's purchasing policies satisfy the City's competitive bidding requirements; and WHEREAS, the City Council has determined that it is in the best interest of the City to purchase the Equipment from Vendor for the not-to-exceed amount of $52,425, in accordance with NJPA Contract #032515-ACC; 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 PURCHASE. The City Council hereby approves the purchase by the City of the Equipment from Vendor in a total not-to-exceed amount of $52,425 in accordance with NJPA Contract #032515-ACC. SECTION 3: AUTHORIZATION OF PURCHASE. The City Manager is hereby authorized and directed to execute such documents approved by the General Counsel and to make Page 3 of 4 2 such payments, on behalf of the City, as are necessary to complete the purchase of the Equipment from Vendor in a total not-to-exceed amount of $52,425 in accordance with NJPA Contract #032515-ACC. 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 _________________, 2018. APPROVED this ___ day of ____________________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of Dynapac CC1300 Asphalt Roller through NJPA. Page 4 of 4 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5390 desplaines.org Date: March 15, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: Potable Groundwater Use Restriction – 607 E Oakton Street Issue: Elmer’s Service Station, through their consultant, Gabriel Environmental Services, requests a potable groundwater use restriction ordinance for an area adjacent to their property at 607 E Oakton Street in order to obtain a No Further Remediation (NFR) letter from the Illinois Environmental Protection Agency (IEPA). Analysis: The NFR letter will complete a Leaking Underground Storage Tank incident (IEMA Incident No. 20030733) from the former service station at the southeast corner of Oakton Street and Wolf Road. The proposed ordinance prohibits the use of groundwater as a potable water source within the projected contamination plume shown on Exhibit B of the ordinance. Potable water is defined as any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. Recommendation: I recommend adoption of the potable groundwater use restriction ordinance. Attachments: Ordinance M-6-18 Exhibit A – Map of Affected Area MEMORANDUM Page 1 of 6 1 CITY OF DES PLAINES ORDINANCE M - 6 - 18 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD AT 607 EAST OAKTON STREET IN THE CITY OF DES PLAINES. ________ WHEREAS, certain properties in the City of Des Plaines, Illinois have been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater under the City may exceed Class I groundwater quality standards for potable resource groundwater as set forth in Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 620 or 35 Illinois Administrative Code 742; and WHEREAS, the City desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of said chemical constituents; NOW, THEREFORE, BE IT ORDAINED, by the 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: USE OF GROUNDWATER AS A POTABLE WATER SUPPLY IS PROHIBITED. The use or attempt to use, as a potable water supply, groundwater from within the specified limits described below and as illustrated on the map attached to this Ordinance as Exhibit A by the installation or drilling of wells or by any other method is hereby prohibited, including points of withdrawal by the City of Des Plaines: The limits are bounded by the northwest corner of the intersection of Maine West Drive and Howard Avenue. The limits will extend west along the north side of Howard Avenue to the northeast corner of the intersection of Howard Avenue and Chicago Northwestern Railroad. The boundary limits will continue north along the east side Page 2 of 6 2 of the Chicago Northwestern Railroad, to the southeast corner of the intersection of Oakton Street and the Chicago Northwestern Railroad. The boundary limits will extend east along the south side of Oakton Street until reaching the southeast corner of the intersection of Oakton Street and Oxford Road. The boundary limits will then extend north, crossing over Oakton Street along the east side of Oxford Road to the southeast corner of East Lincoln Avenue and Oxford Road. The boundary limits will then extend east along the south side of Lincoln Avenue to the southwest corner of the intersection of East Lincoln Avenue and South Wolf Road. The boundary limits will continue south along the west side of Wolf Road until reaching the southwest corner of South Wolf Road and East Lincoln Ave. The boundary limits then cross over South Wolf Road and extend east along the south side of East Lincoln Ave until reaching the southwest corner of the intersection of East Lincoln Avenue and South 5th Avenue. The boundary limits will extend south along the west side of South 5th Avenue, crossing over East Oakton Street to the southwest corner of the intersection of South 5th Avenue and East Oakton Street. The boundary limits will continue east along the south side of East Oakton Street to the southwest corner of the intersection of East Oakton Street and Maine West Drive. The limits will extend south along the west side of Maine West Drive to the northwest corner of the intersection of Maine West Drive and Howard Avenue which is the point of beginning. SECTION 3: PENALTIES. Any person violating the provisions of this ordinance shall be subject to a fine of up to $500.00 for each violation. Page 3 of 6 3 SECTION 4: DEFINITIONS. A. “Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. B. “Potable water” is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, washing dishes, or preparing foods. SECTION 5: REPEALER. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed insofar as they are in conflict with this ordinance. SECTION 6: 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 7: EFFECTIVE DATE. This Ordinance shall be in full force and effect after its passage and approval by the City Council and publication in pamphlet form in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Page 4 of 6 4 PASSED this _____day of ____________, 2018. APPROVED this _____ day of ____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2018. CITY CLERK Peter M. Friedman, General Counsel DP-Ordinance Prohibiting Use of Groundwater as Potable Water at 607 E Oakton St Page 5 of 6 Gabriel Environmental Services 1421 N. ElstonAve Chicago, IL 60622 phone (773) 486-2123 fax (773) 486-0004 Ordinance Map Client name: Elmer’s Service Station Site location: 607 Oakton Street, Des Plaines, IL Project # 05-016-11 Drawn by PB Date: 02/13/18 NBoring/Monitoring Well: 06/10/04 Subject Property Ordinance Zone to Nearest Street E Oakton S 5 t h A v e M a i n e W e s t D r . Proposed Ordinance Boundary S W o l f R d North Side of E Lincoln Ave C h i c a g o N o r t h w e s t e r n R a i l r o a d South Side of Howard Ave. E Lincoln Ave O x f o r d R d Proposed Ordinance Boundary North Side of Howard Ave. W e s t s i d e o f M a i n e W e s t D r . South Side of E Oakton W e s t S i d e o f S 5 t h A v e South Side of E Lincoln Ave W e s t S i d e o f S W o l f R d South Side of E Lincoln Ave E a s t S i d e o f O x f o r d R d E a s t S i d e o f C h i c a g o N o r t h w e s t e r n R a i l r o a d 384’0 1/8” = 48’ Exhibit A Page 6 of 6 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: March 22, 2018 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-76-18, April 2, 2018 Warrant Register Recommendation: I recommend that the City Council approve the April 2, 2018 Warrant Register Resolution R-76-18. Warrant Register……………………………$2,332,723.09 MEMORANDUM Estimated General Fund Balance Balance as of 12/31/2017: $26,000,515 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenue from the State and 1st & 2nd installments of property tax revenue. Page 1 of 41 CITY OF DES PLAINES RESOLUTION R-76-18 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. April 2, 2018 Page 2 of 41 Line #Vendor Invoice Invoice Description Amount 1 4300 Vehicle Licenses 7236 Ali, Syed Mehboob Refund 03/05/18 Vehicle Sticker Refund 03/05/2018 30.00 2 4300 Vehicle Licenses 7237 Baez, Martha Refund 03/08/18 Vehicle Sticker Refund 03/08/2018 30.00 3 4300 Vehicle Licenses 7238 Dahdal, Samen Refund 03/08/18 Vehicle Sticker Refund 03/08/2018 60.00 4 4300 Vehicle Licenses 7239 Lee, Achamma E Refund 03/13/18 Vehicle Sticker Refund 03/13/2018 60.00 5 4300 Vehicle Licenses 7240 Lopez, Coral Refund 03/13/18 Vehicle Sticker Refund 03/13/2018 55.00 6 4300 Vehicle Licenses 7241 R&R Window Refund 03/13/18 Vehicle Sticker Refund 03/13/2018 80.00 7 4400 Building Permits 4803 Roto Rooter Services Company 2017-0800098 Sewer Permit Refund Originally Issued 08/09/2017 300.00 8 4400 Building Permits 3993 J&S Plumbing Inc 2018-01000031 Sewer Permit Refund Originally Issued 01/11/2018 300.00 9 4400 Building Permits 7227 Madden Sewerage & Drainage Inc 2018-01000035 Sewer Permit Refund Originally Issued 01/11/2018 300.00 10 4400 Building Permits 7228 Karl Meyer Expert Plumbing Company 2018-01000040 Sewer Permit Refund Originally Issued 01/12/2018 300.00 11 4400 Building Permits 5075 Precision Plumbing Services Inc 2018-01000097 Sewer Permit Refund Originally Issued 01/25/2018 300.00 12 4400 Building Permits 7226 Castillo, George 2018-02000012 Sewer Permit Refund Originally Issued 02/02/2018 300.00 13 4400 Building Permits 5253 ABC Plumbing Heating Cooling & Electric Inc 2018-02000048 Sewer Permit Refund Originally Issued 02/15/2018 300.00 14 4400 Building Permits 7234 Malony, Michael 2018-02000054 Sewer Permit Refund Originally Issued 03/09/2018 300.00 15 4400 Building Permits 4803 Roto Rooter Services Company 2018-02000069 Sewer Permit Refund Originally Issued 02/22/2018 300.00 16 4400 Building Permits 4802 Rick's Sewer & Drainage Incorporated 2018-02000087 Sewer Permit Refund Originally Issued 02/26/2018 300.00 17 4400 Building Permits 7229 Green, David 2018-02000090 Sewer Permit Refund Originally Issued 02/26/2018 300.00 18 4500 Court Costs, Fees & Charges 7245 Melikhov, Anthony P0245202 Overpayment for Parking Ticket 3/13/2018 40.00 City of Des Plaines Warrant Register 04/02/2018 Account Fund: 100 - General Fund Department: 00 - Non Departmental Page 3 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 19 4631 Nonresident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 1744933 Medical Reimbursement for DOS 11/07/2017 239.20 20 4631 Nonresident Ambulance Fees 1459 Blue Cross Blue Shield of Illinois 179378 Medical Reimbursement for DOS 03/08/2017 747.47 4,641.67 21 6000 Professional Services 1016 Alfred G Ronan LTD March 2018 Lobbyist Services - March 2018 R-171-17 5,000.00 5,000.00 22 5310 Membership Dues 1503 Rotary Club of Des Plaines TSALAPATANIS20 18 2018 Rotary Club Dues for City Clerk 960.00 23 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 16.68 976.68 5,976.68 24 7000 Office Supplies 1220 Runco Office Supply 708212-0 Copy Paper, Confidential Envelopes, and File Folders 111.37 25 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 55.96 167.33 26 6005 Legal Fees 3447 Holland & Knight LLP 5635400 1-18 Reimb Redevelopment 148.00 27 6005 Legal Fees 3447 Holland & Knight LLP 5635401 1-18 Reimb Redevelopment 210.00 28 6005 Legal Fees 3447 Holland & Knight LLP 5635403 1-18 Non-Retainer IEMA & FEMA Review FEMA 1935 1,127.50 29 6005 Legal Fees 3447 Holland & Knight LLP 5635404 1-18 Non-Retainer IEMA & FEMA Review FEMA 1935 7,291.50 30 6005 Legal Fees 3447 Holland & Knight LLP 5635405 1-18 Non-Retainer IEMA & FEMA Review FEMA 4116 12,910.00 31 6005 Legal Fees 3447 Holland & Knight LLP 5635406 1-18 Reimb Redevelopment 450.50 32 6005 Legal Fees 3447 Holland & Knight LLP 5635408 1-18 Non-Retainer Litigation*3,839.17 33 6005 Legal Fees 3447 Holland & Knight LLP JAN 2018 RET January 2018 Retainer 18,500.00 City Administration Division: 210 - City Manager Total 210 - City Manager Total 10 - Elected Office Total 00 - Non Departmental Elected Office Division: 110 - Legislative Total 110 - Legislative Division: 220 - Legal Division: 120 - City Clerk Total 120 - City Clerk Page 4 of 41* On-going City litigation items provided separately to the City Council Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 34 6009 Legal Fees - Admin Hearings/Prosecu tions 1073 Bartel, Raymond 18-05 Legal Services 03/01- 03/12/2018 987.50 35 6010 Legal Fees - Labor & Employment 1127 Clark Baird Smith LLP 9682 Legal Services February 2018 25,318.75 36 7500 Postage & Parcel 1041 Federal Express 6-102-50079 Delivery Services 02/01- 02/06/2018 19.39 70,802.31 37 6000 Professional Services 7202 Workterra 0087040-IN Flex Account Admin Fee 02/01-02/28/2018 470.40 38 6110 Printing Services 4889 Konica Minolta Business Solutions USA Inc 9004367937 Copy Charges For City Copier 02/03/2018 - 03/02/2018 1,839.99 39 6110 Printing Services 4889 Konica Minolta Business Solutions USA Inc 9004376907 Copy Charges For 2 Of The City Copiers 02/03/2018 - 03/02/2018 342.64 40 6305 R&M Equipment 4288 Burwood Group Incorporated INV30457 Cisco SMARTnet Renewal 3/1/18 - 2/28/19 11,450.67 41 7005 Printer Supplies 1505 Clifford-Wald & Co IN00107800 4 Plotter Ink Cartridges For Engineering 434.52 42 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 41.74 14,579.96 43 6108 Public Relations & Communications 5079 RV Enterprises Ltd 3180124 100 Customized Bags for Giveaways 578.00 44 6108 Public Relations & Communications 7141 Move Sales Inc RTL0019628 February Advertising on Realtor.com 02/01- 02/28/2018 2,309.58 45 6195 Miscellaneous Contractual Services 6365 Siteimprove Inc 54380 Auto Renew 2018 Service Fee for Website Analytics 01/01- 12/31/18 7,052.00 46 6195 Miscellaneous Contractual Services 5826 Granicus Inc 94308 Website Maintenance, Hosting, Support 01/01- 12/31/2018 10,200.00 47 6195 Miscellaneous Contractual Services 4715 SHI International Corporation B07941776 3 Adobe Creative Cloud Subscriptions 04/17/2018- 04/16/2019 2,442.00 48 7000 Office Supplies 1644 Warehouse Direct Inc 3828040-0 Cover Sheets and Binding Combs for Binding Machine 66.50 Division: 240 - Media Services Division: 230 - Information Technology Total 230 - Information Technology Total 220 - Legal Page 5 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 49 7000 Office Supplies 1220 Runco Office Supply 708066-0 20 Clear Pocket Document Sleeves 71.80 22,719.88 50 5340 Pre-Employment Testing 6969 CareerBuilder Employment Screening LLC AUR1059566 5 Applicant Background Screenings 01/31-02/28/2018 779.75 51 6000 Professional Services 7202 Workterra 0086380-IN Flex Account Admin Fee & Cobra Admin Fee 01/01- 01/31/2018 1,137.00 52 6000 Professional Services 3279 Isaac Ray Forensic Group LLC 1914 Fee for Giving Testimony 01/30-03/06/2018 6,812.50 53 7000 Office Supplies 1220 Runco Office Supply 708538-0 2 Boxes of File Folders 71.97 54 7000 Office Supplies 1220 Runco Office Supply 708969-0 11 Custom Ink Stamps 321.60 55 7000 Office Supplies 1220 Runco Office Supply 708991-0 1 Box File Folders & 2 2-Hole Punchers 58.73 56 7000 Office Supplies 1220 Runco Office Supply 709015-0 2 File Folder Holders & 1 Cork Board 97.97 57 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 40.98 9,320.50 58 6110 Printing Services 1106 Chromatech Printing Inc 7730/25019 810 Pads of Taxi Cab Vouchers 1,291.00 59 6550 Subsidy - Senior Citizen Cab Service 2200 Rosemont Elite Taxi Dispatch 1087 Subsidized Taxi Voucher Program February 2018 M-12- 11 57.00 60 6550 Subsidy - Senior Citizen Cab Service 3344 Taxi One of Des Plaines Inc 53 Subsidized Taxi Voucher Program February 2018 M-12- 11 483.00 1,831.00 119,420.98 61 7000 Office Supplies 1644 Warehouse Direct Inc 3739868-0 2 Cartons of Storage Boxes 100.80 62 7000 Office Supplies 1644 Warehouse Direct Inc 3757300-0 1 Stamp Pad & 2 Desk Pads 49.35 63 7000 Office Supplies 1644 Warehouse Direct Inc 3759766-0 1 Desk Pad 38.48 64 7000 Office Supplies 1644 Warehouse Direct Inc 3818902-0 2 Ctns of Copy Paper, 2 Bxs of File Folders, Etc 98.03 Total 20 - City Administration Department: 30 - Finance Division: 260 - Health & Human Services Total 260 - Health & Human Services Total 240 - Media Services Division: 250 - Human Resources Total 250 - Human Resources Page 6 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 65 7000 Office Supplies 1644 Warehouse Direct Inc 3827238-0 1 Box of Folders & Misc Paper Products for Breakroom 16.81 66 7000 Office Supplies 1233 Press Tech Inc 42104 1 Box of Business Cards 20.00 67 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 110.91 68 7200 Other Supplies 1644 Warehouse Direct Inc 3827238-0 1 Box of Folders & Misc Paper Products for Breakroom 31.59 465.97 69 6000 Professional Services 6315 B&F Construction Code Services Inc 48853 Plan Review 03/02/2018 695.50 70 6000 Professional Services 3309 Elevator Inspection Services Inc 74707 25 Elevator Inspections Performed 2/19-2/23/2018 225.00 71 6000 Professional Services 3309 Elevator Inspection Services Inc 74968 13 Elevator Inspections on 02/26-02/27/2018 117.00 72 6005 Legal Fees 3447 Holland & Knight LLP 5635398 1-18 Non-Retainer Property Enforcement Matters 53.00 73 6005 Legal Fees 3447 Holland & Knight LLP 5635407 1-18 Non-Retainer Property Enforcement Matters 2,747.00 74 6005 Legal Fees 3447 Holland & Knight LLP 5635413 1-18 Non-Retainer Property Enforcement Matters 342.25 75 6005 Legal Fees 3447 Holland & Knight LLP 5635413 1-18 Non-Retainer Property Enforcement Matters 693.75 76 6005 Legal Fees 3447 Holland & Knight LLP 5638921 1-18 Non-Retainer Property Enforcement Matters 2,518.50 77 6105 Records Preservation 1370 Microsystems Inc I000078472 7 Bx of 2017 Permits/25 Rolled Large Plans Scanned 1/26-2/26/18 2,503.74 78 6195 Miscellaneous Contractual Services 7230 ServiceMaster by Metzler 44932 Emergency Hoarding Clean Up 3/6/2018 6,560.00 79 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 61.95 16,517.69 80 6100 Publication of Notices 1050 Journal & Topics 176173 Planning and Zoning Board Legal Notice 3/7/2018 118.58 Division: 410 - Building & Code Enforcement Total 410 - Building & Code Enforcement Division: 420 - Planning & Zoning Total 30 - Finance Community Development Page 7 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 81 6100 Publication of Notices 1069 Paddock Publications Inc T4494604 City Council Meeting Legal Notice 3/2/2018 83.70 82 6195 Miscellaneous Contractual Services 4070 Cerabona, Gale M 87 Planning and Zoning Board Meeting Minutes 02/27/2018 90.00 83 7000 Office Supplies 1644 Warehouse Direct Inc 3812143-0 Post-It Notes, Binder Clips, & Pens 43.48 84 7000 Office Supplies 1644 Warehouse Direct Inc 3821291-0 Copy Paper, AAA and AA Batteries, Heavy Duty Staples 90.54 85 8010 Furniture & Fixtures 4392 Office Furniture Resources INV1013979 Overhead Bin and Wall Track for EDC Coor Office 2/27/2018 216.00 642.30 86 6000 Professional Services 1332 Kane McKenna & Associates 15310 Document Prep and Review 02/12/2018 87.50 87 6601 Incentive - Business Assistance 6362 Science & Arts Academy BAP 03/07/2018 Business Assistance Facade Grant 03/07/2018 9,950.00 10,037.50 27,197.49 88 5310 Membership Dues 1753 American Public Works Association - APWA 148414-2018 Membership Dues (Group of 11) - 06/01/2018-05/31/2019 1,748.00 89 6040 Waste Hauling & Debris Removal 1021 Republic Svc #551 0551-013945114 Refuse & Recycling - February 2018, R-35-14 258,350.00 90 6300 R&M Software 6055 Axiom Human Resource Solutions Inc 0000020845 Kronos User Fees - February 2018 181.50 260,279.50 91 7500 Postage & Parcel 1041 Federal Express 6-102-50079 Delivery Services 02/01- 02/06/2018 51.58 51.58 92 5345 Post-Employment Testing 7133 Mid-West Truckers Association Inc P 663834 Pre-Employment Tests - 2 Maint Operators 02/26/2018 157.50 157.50Total 520 - Geographic Information Systems Division: 510 - Engineering Total 510 - Engineering Division: 520 - Geographic Information Systems Total 40 - Community Development Public Works & Engineering Division: 100 - Administration Total 100 - Administration Total 420 - Planning & Zoning Division: 430 - Economic Development Total 430 - Economic Development Page 8 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 93 5325 Training 1576 Illinois Section American Water Works Association 200034883 Class C Renewal Training - Street Foreman - 04/04/2018 60.00 94 6040 Waste Hauling & Debris Removal 1021 Republic Svc #551 0551-013944950 Additional Roll Off Dumpsters - Construction Debris - Feb 2018 845.00 95 6045 Utility Locate Services 1052 Julie Inc 2018-0445 2ndQtr Utility Locate Services - 2018 2nd Qtr 936.72 96 6170 Tree Maintenance 6555 Landscape Concepts Management Inc 137561 19 Tree Removals - 01/17/2018-02/28/2018, R- 168-16 13,523.57 97 6195 Miscellaneous Contractual Services 1559 Continental Weather Svc 16656 Weather Forecasting - March 2018 150.00 98 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180305 Sidewalk Snow Removal - 03/06/2018, R-161-17 310.00 99 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180307 Sidewalk Snow Removal - 03/07/2018, R-161-17 310.00 100 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180313 Sidewalk Snow Removal Services - 03/13/20018, R- 13/2018 640.00 101 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 3982726a Credit - Chainsaw Chain (24.30) 102 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 4762910 Chaps, 3 Wedges, Throw Line & 2 Chain Loops 187.46 103 7030 Supplies - Tools & Hardware 1520 Russo Power Equipment 4765649 Dewatering Pump - Track 247 419.99 104 7030 Supplies - Tools & Hardware 1103 Casey Equipment Co C14875 4 Asphalt Shovels 177.00 105 7035 Supplies - Equipment R&M 1520 Russo Power Equipment 4771759 Replacement Blade & Chisel Chain 123.95 106 7050 Supplies - Streetscape 1941 Global Equipment Company 112297725 36 Gal Waste Receptacle, Liner, Lid, Security Cable/Anchor Kit 446.51 107 7050 Supplies - Streetscape 1057 Menard Incorporated 12352 Mailbox Standard Post Mount 14.24 108 7050 Supplies - Streetscape 1057 Menard Incorporated 12729 4 LP Propane Tanks, Gas Can, Broom, Sprayer & Hose Reel - PW 247 280.01 109 7050 Supplies - Streetscape 2438 Flag Lady Corp The 26495 165' Flag Pole Halyards 146.85 110 7050 Supplies - Streetscape 2438 Flag Lady Corp The 26500 6 American Flags 449.04 111 7050 Supplies - Streetscape 1047 Home Depot Credit Svcs 4021055 Mailbox Post 118.75 Division: 530 - Street Maintenance Page 9 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 112 7055 Supplies - Street R&M 1057 Menard Incorporated 12601 Sidewalk Repair Material - Track 247 49.21 113 7055 Supplies - Street R&M 1550 Addison Building Material Co 876783 Sidewalk Repair Material - Track 247 65.34 114 7200 Other Supplies 1057 Menard Incorporated 12734 2 Post Mounts, 3 Mounting Boards & 4 Cans Spray Paint 63.09 115 7200 Other Supplies 1057 Menard Incorporated 12797 10" Ratchet & Anchor Points 32.47 19,324.90 116 6145 Custodial Services 6549 B&B Maintenance Inc 77406 Custodial Services - PW - February 2018, R-169-16 1,850.00 117 6145 Custodial Services 6549 B&B Maintenance Inc 77409 Custodial Services - Police - February 2018, R-169-16 2,600.00 118 6145 Custodial Services 6549 B&B Maintenance Inc 77411 Custodial Services - City Hall - February 2018, R-169-16 3,500.00 119 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-362 Exterior Pest Control - City Hall, Police, Train - 03/11/2018 40.00 120 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-362 Exterior Pest Control - City Hall, Police, Train - 03/11/2018 40.00 121 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-363 Interior Pest Control - City Hall & Police - 03/01/2018 97.00 122 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-363 Interior Pest Control - City Hall & Police - 03/01/2018 96.00 123 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 165.00 124 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 113.00 125 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 78.00 126 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 74.00 127 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 78.00 128 6195 Miscellaneous Contractual Services 7146 JOS Services Inc 1800 Emergency Plumbing Repair - City Hall Lobby - 01/22/2018 1,114.25 Division: 535 - Facilities & Grounds Maintenance Total 530 - Street Maintenance Page 10 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 129 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 768381347 Cleaners, Mats, Soap, Air Freshener - PW 02/28/2018 120.80 130 6315 R&M Buildings & Structures 1025 Bedco Inc 094684 Heat Inspect & Repairs - Police 01/30/2017- 02/01/2017, R-170-16 2,200.00 131 6315 R&M Buildings & Structures 1025 Bedco Inc 094706 Ceiling Heat Inspect & Repairs - Police - 02/05/2018, R-170- 16 796.50 132 6315 R&M Buildings & Structures 1025 Bedco Inc 094707 Heater Repair - City Hall Room 101 - 02/07/2018, R-170-16 110.00 133 6315 R&M Buildings & Structures 1025 Bedco Inc 094708 Heater Inspection & Repairs - Police - 02/08/2018, R-170-16 495.05 134 6315 R&M Buildings & Structures 1025 Bedco Inc 094715 Heater Inspection & Repairs - Police - 02/22/2018, R-170-16 1,486.90 135 6315 R&M Buildings & Structures 1025 Bedco Inc 094716 Heater Inspect & Repairs - Police - 02/21-02/22/2018, R- 170-16 919.35 136 6315 R&M Buildings & Structures 1025 Bedco Inc 094717 Gun Range Filter Change - Police - 02/22/2018, R-170-16 311.55 137 6315 R&M Buildings & Structures 1025 Bedco Inc 094718 Garage Heater Igniter Replace - Fire 63 - 02/26/2018, R-170- 16 258.65 138 6315 R&M Buildings & Structures 1025 Bedco Inc 094719 No Heat Service Call - Fire 63 - 02/20/2018, R-170-16 275.00 139 6315 R&M Buildings & Structures 1025 Bedco Inc 094729 A/C Repair - City Hall 2nd Floor - 03/02/2018, R-170-16 915.00 140 6315 R&M Buildings & Structures 1025 Bedco Inc 094730 Heater Inspection & Repairs - Police - 02/23/2018, R-170-16 475.60 141 6315 R&M Buildings & Structures 1025 Bedco Inc 094734 HVAC Maintenance - April 2018, R170-16 572.50 142 6315 R&M Buildings & Structures 1025 Bedco Inc 094734 HVAC Maintenance - April 2018, R170-16 572.50 143 6315 R&M Buildings & Structures 7146 JOS Services Inc 1799 Plumbing Repair - 6th Floor - 02/01/2018 909.50 144 6315 R&M Buildings & Structures 7146 JOS Services Inc 1810 Installed Hot Water Heater - Food Pantry - 03/11/2018 1,083.00 145 6315 R&M Buildings & Structures 2350 Anderson Elevator Co 220487 Elevator Service - March 2018 472.04 146 6315 R&M Buildings & Structures 2350 Anderson Elevator Co 220487 Elevator Service - March 2018 239.98 Page 11 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 147 7025 Supplies - Custodial 1029 Cintas Corporation 768381347 Cleaners, Mats, Soap, Air Freshener - PW 125.98 148 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 9020395 Cabinet Mounting Template Kit - Police 2nd Floor Conference Room 8.48 149 7030 Supplies - Tools & Hardware 1208 Steiner Electric Company S005970439.001 Drill Bit & Hole Cutter - PW 98.19 150 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0968606 6 Ball Bearing Hinges - Police 68.52 151 7045 Supplies - Building R&M 1057 Menard Incorporated 12221 2 Refrigerator Light Bulbs - History Society 11.98 152 7045 Supplies - Building R&M 1057 Menard Incorporated 12552 70 Pkgs Tile - Police 2,484.30 153 7045 Supplies - Building R&M 1702 Diamond Paint & Home Center LLC 231832 6 Gals Paint, Rollers, Tray & Frame - Fire 63 229.55 154 7045 Supplies - Building R&M 1702 Diamond Paint & Home Center LLC 231835 Primer, Paint, Masking Tape & Hazard Tape - History Center 112.75 155 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7020642 5 Light Bulbs - PW 31.40 156 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8031024 Flag Pole Repair Supplies - City Hall 66.11 157 7045 Supplies - Building R&M 1550 Addison Building Material Co 876003 10 Metal Studs & 4 Metal Tracks - Finance Doorway 56.92 158 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 9020392 Drywall, 12 Cabinet Pulls, & Machine Screw - Finance & Police 60.94 159 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 9020392 Drywall, 12 Cabinet Pulls, & Machine Screw - Finance & Police 42.40 160 7045 Supplies - Building R&M 1208 Steiner Electric Company S005966283.001 Key Switch - PW 60.61 161 7045 Supplies - Building R&M 1208 Steiner Electric Company S005972531.001 3 Combination Outlet Plates - PW Restroom 9.56 162 7140 Electricity 1033 ComEd 2607132134- 03/18 Electricity Services 02/05- 03/06/2018 219.39 163 7140 Electricity 1033 ComEd 4974507003- 03/18 Electricity Services 02/06- 03/07/2018 370.40 164 7140 Electricity 1033 ComEd 5222730006- 03/18 Electricity Services 02/02- 03/05/2018 223.02 165 7300 Uniforms 2067 Cutler Workwear 106751 3 Shirts & Boots - Facilities & Grounds Foreman 239.33 166 8010 Furniture & Fixtures 1941 Global Equipment Company 112314120 10 Task Chairs - PW Conference Room 1,166.00 167 8010 Furniture & Fixtures 1057 Menard Incorporated 12200 5-Shelf Steel - City Hall 69.99 27,814.99Total 535 - Facilities & Grounds Maintenance Page 12 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 168 6135 Rentals 1029 Cintas Corporation 022591978 Mechanic's Uniform Rental - 02/26/2018 124.43 169 6135 Rentals 1029 Cintas Corporation 022594936 Mechanic's Uniform Rental - 03/05/2018 124.43 170 6135 Rentals 1029 Cintas Corporation 022597918 Mechanic's Uniform Rental - 03/12/2018 124.43 171 6305 R&M Equipment 4989 Illini Power Products SWO018412-1 Generator Repair - Police Generator 6100 - 02/28/2018 321.59 172 6310 R&M Vehicles 3157 Nemeth Glass of Illinois Inc 137693 Windshield Repair - Police 6035 - 02/28/2018 75.00 173 6310 R&M Vehicles 2164 JB Metal Works Inc 18143 Fabricate Shelves - Fire 7607 390.00 174 7030 Supplies - Tools & Hardware 2012 Gard Specialists Co Inc 110455 7 Drill Bits 68.35 175 7035 Supplies - Equipment R&M 1062 NAPA of Des Plaines 5741-677490 8 Couplers - Stock 73.52 176 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000231912 Power Control & Strobe Light Assembly - Police 6909 247.69 177 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000232081 9 Plow Stands - PW Stock 271.31 178 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc 01P467159 2 Transmission Cooling Lines - Fire 7702 413.96 179 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake & Supply Co 1280670104 Compression Switch & Switch Assembly - PW 5084 174.38 180 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132072048 Antifreeze, Motor Oil, & Windshield Washer Fluid 447.54 181 7040 Supplies - Vehicle R&M 6244 Valvoline LLC 132072048 Antifreeze, Motor Oil, & Windshield Washer Fluid 831.14 182 7040 Supplies - Vehicle R&M 1148 WS Darley & Co 17314387 Charging Base w/Plugs, Lantern, 2 Plugs - Fire 7602 250.95 183 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 180348-B Freight - Return Parts 118.75 184 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 180348P 25 Curb Guards 1,720.96 185 7040 Supplies - Vehicle R&M 1345 Lindco Equipment Sales Inc 180348P-CM Returned 25 Curb Guards (1,599.00) 186 7040 Supplies - Vehicle R&M 3315 Regional Truck Equipment 210085 Lock Cylinder & Keys - Police 6901 19.25 187 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-341378 2 Caliper Brackets - PW 5062 48.18 188 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-341940 (6) 2.5 Gals Diesel Exhaust Fluid-Fire 7702, 7703, 7706, 7707, 7607 75.00 Division: 540 - Vehicle Maintenance Page 13 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 189 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 280080529 2 Tires - Fire 7801 1,394.00 190 7040 Supplies - Vehicle R&M 4280 Rush Truck Centers of Illinois Inc 3009755783 2 Oil Pressure Sensors - PW 5045 & Stock 360.00 191 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC060925 Tensioner - Police 6044 63.98 192 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC060933 2 Arm Assemblies - Police Stock 187.72 193 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC062069 2 Hose Assemblies - Police 6013 32.18 194 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 30IC062192 Filters: 6 Air, 12 Oil, 2 Trans, & 4 Cab - Stock 401.30 195 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 3378-332785 2 Core Return - PW 5062 (10.00) 196 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1123621 2 Wiper Blades & 12 Qts Transmission Fluid - Police Stock 76.66 197 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1123710 2 Cig Light Wiring - Fire #7707 16.78 198 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1123894 2 Brake Pads, Pin Boot Kit & 2 Guide Pins - PW 5062 98.95 199 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124010 2 Ball Joints, 2 Control Arms, & 2 Hub Assemblies - Fire 7500 533.34 200 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124012 2 Ball Joints - Fire 7500 76.18 201 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124047 Fuel Filter - Fire 7400 11.65 202 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124108 5 Air Filters & 8 Oil Filters - Stock 104.99 203 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124344 4 Spark Plugs - Police 6013 11.16 204 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124561 2 Brake Rotors and Brake Pads - Fire 7500 288.67 205 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124621 Serpentine Belt, Rad Coolant, Water Pump & Tensioner - Police 6042 111.16 206 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124624 2 Radiator Coolant & Oil Cooler Hose - Police 6042 94.47 207 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124629 Guide Pin & Brake Caliper Lube - Fire 7500 23.58 208 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124630 Disc Housing Bolt - Fire 7500 7.89 209 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124827 Fuel Filter - Fire 7501 7.00 210 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124911 2 Air Filters, 1 Fuel Filter & 1 Oil Filter - Fire 7511 58.38 211 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1124946 Radiator & Radiator Coolant - EMA 6507 246.48 Page 14 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 212 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 410555094 4 Tires - CED 2014 & PW 2015 230.90 213 7040 Supplies - Vehicle R&M 1071 Pomp's Tire Service Inc 410555094 4 Tires - CED 2014 & PW 2015 230.90 214 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 434210P Track Assembly, Pad, Cover - Police 6059 1,302.80 215 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 434347P Bracket - Fire 7401 55.34 216 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 434788P Tube Assembly & 2 O-Ring Kits - Fire 7500 167.31 217 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 434863P Axle Seal Kit - Fire 7500 36.62 218 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 434934P 2 Axle Seal Kits - Fire 7500 36.62 219 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 6185204 10 Hydraulic Fittings & 50 Tie Wraps - Stock 122.37 220 7040 Supplies - Vehicle R&M 1043 WW Grainger Inc 9719498751 Anti-Slip Tape - PW 5101 12.64 221 7040 Supplies - Vehicle R&M 5985 Winter Equipment Company Inc IV36503 2 Plow Bolt Kits - PW 5089 186.03 222 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P04211 Sweeper Broom & Body Latch - PW 5085 437.45 223 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P04257 Hydraulic Filter & Vented Cap - PW 5085 334.19 224 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W61778 Cutting Edges and Bolt Kit - PW 5005 799.60 225 7320 Equipment < $5,000 4640 Albany Steel & Brass Corporation 027923 Angle Grinder, Saw Blades & Grinding Wheels 541.80 13,012.95 320,641.42 226 5325 Training 7214 FBI-LEEDA Inc 200016141 Supervisor Leadership Institute (Cmndr) May 14-18, 2018 650.00 227 5325 Training 7214 FBI-LEEDA Inc 200016142 Supervisor Leadership Institute (Cmndr) May 14-18, 2018 650.00 228 5325 Training 7214 FBI-LEEDA Inc 200016143 Supervisor Leadership Institute (Cmndr) May 14- 18,2018 650.00 229 5325 Training 7214 FBI-LEEDA Inc 200016144 Command Leadership Institute (Cmndr) June 18-22, 2018 650.00 230 5325 Training 7214 FBI-LEEDA Inc 200016145 Executive Leadership Institute (Cmndr) August 8-10, 2018 650.00 Total 50 - Public Works & Engineering Police Department Division: 610 - Uniformed Patrol Total 540 - Vehicle Maintenance Page 15 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 231 5325 Training 7214 FBI-LEEDA Inc 200016146 Command Leadership Institute (Cmndr) June 18-22, 2018 650.00 232 5325 Training 7214 FBI-LEEDA Inc 200016148 Executive Leadership Institute (Cmndr) August 8-10, 2018 650.00 233 5325 Training 7214 FBI-LEEDA Inc 200016149 Command Leadership Institute (Cmndr) June 18-22, 2018 650.00 234 5325 Training 7214 FBI-LEEDA Inc 200016150 Executive Leadership Institute (Cmndr) August 8-10, 2018 650.00 235 5325 Training 1261 Northeast Multiregional Training 232089 Reid Interview & Interrogation 2 Ofcrs 02/13- 02/15/2018 800.00 236 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1494166 Stapler, Staples, Tape and Dispenser, Paper Clips, Note Paper 167.02 237 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1494911 Scissors (8), Pencil Holders (9), Tape Dispensers (2), Staplers 115.69 238 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1495467 Tape, Poster Frame (2), Bulletin Board, Paperware 204.21 239 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1495780 Recycle Bin 6.89 240 7200 Other Supplies 1389 Garvey's Office Products Inc PINV1495467 Tape, Poster Frame (2), Bulletin Board, Paperware 28.89 7,172.70 241 5325 Training 1239 Public Agency Training Council Inc 227440 Smartphone Forensics & Cell Tech Certification 4/9- 4/13/18-Det 695.00 242 5325 Training 7096 ALICE Training Institute LLC 27599 ALICE Instructor Course 4/16- 17/2018 (2 Ofc) 1,190.00 243 6195 Miscellaneous Contractual Services 1517 Trans Union LLC 02853567 Investigations Database February 2018 149.24 244 6195 Miscellaneous Contractual Services 1572 LexisNexis Risk Solutions 1037713- 20180228 Investigations Database February 2018 342.30 245 6195 Miscellaneous Contractual Services 3701 LeadsOnline LLC 244788 LEADS Online Total Track Investigations System 5/15/18- 5/14/19 5,158.00 246 6195 Miscellaneous Contractual Services 1683 Thomson Reuters 837824136 Investigations Database February 2018 296.64 247 7000 Office Supplies 1389 Garvey's Office Products Inc CM171187 Refund for Bulletin Board (7) Inv PINV1481468 (832.43) Total 610 - Uniformed Patrol Division: 620 - Criminal Investigation Page 16 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 248 7320 Equipment < $5,000 1389 Garvey's Office Products Inc PINV1487878 Electric Pencil Sharpener 33.38 7,032.13 249 5325 Training 1261 Northeast Multiregional Training 232664 40 Hr Juvenile Specialist/Mandatory Review & Test-1 Ofc 3/7/2018 75.00 250 5325 Training 1261 Northeast Multiregional Training 232773 Breath Alcohol Testing Class 3/5-6/2018 (1 Ofc) 125.00 251 5325 Training 7221 Imprimus Forensic Services LLC 859 Crime Scene Sketching and Diagramming Sept. 10-12, 2018 (2 Ofc) 730.00 252 6000 Professional Services 5975 Aero Removals Trisons Inc 20386CR Removal and Transport of 3 Deceased Feb 2018 1,050.00 253 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 15,628.71 254 6015 Communication Services 1265 NIPAS Northern Illinois Police Alarm Sys 12240 Language Line January 2018 96.00 255 6110 Printing Services 1233 Press Tech Inc 42065 DPPD Envelopes, Windowed and Non-Window, (1000 Each) 338.00 256 6110 Printing Services 1142 Copyset Center 51652 Door Hangers (1000) Program 360.00 257 6110 Printing Services 1142 Copyset Center 51699 Automobile Release Form (1000) 296.00 258 6185 Animal Control 2950 When Nature Calls 8203 Nuisance Animal Control 2018 February 2018 1,150.00 259 6190 Tow/Storage/Aba ndoned Fees 1567 Schimka Auto Wreckers, Inc 03-01-2018 Towing Service February 2018 (3) 110.00 260 6195 Miscellaneous Contractual Services 1652 All Traffic Solutions Inc Q-32107 Annual Maintenance Fee for 6 Msg Boards 8/20/18-8/20/19 8,550.00 261 6345 R&M Police Range 1224 Patriot Range Technologies 618-396-PS Range Repairs Lanes #2 and #5. 12/18/17 1,326.00 262 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1477148 Copy Paper (8 Cases), Hi- Lighters, Pens, Chalk and Holder, Binder 328.18 263 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1487097 Wall Files (7), Labels 122.01 264 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1488631 Colored Paper, CD/DVD Sleeves (3 Boxes) 37.03 265 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1491672 Batteries, Disinfectant Wipes 88.89 266 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1493191 Paper Certificates, Batteries, Copy Paper (8 Cases) 292.01 Division: 630 - Support Services Total 620 - Criminal Investigation Page 17 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 267 7000 Office Supplies 1389 Garvey's Office Products Inc PINV1500422 Copy Paper (6 Cases), DVD+R (2), Post-It Notes, Markers, Labels 352.77 268 7015 Supplies - Police Range 1722 Brownells Inc 15232288.01 Sili Kroil Gun Oil (4)93.68 269 7015 Supplies - Police Range 1164 Uniform Den East Inc 55427 Stingerhawk Deluxe Shooter Kit (2) 209.90 270 7015 Supplies - Police Range 6851 Axon Enterprise Inc SI-1525471 DPM Battery Pack (5), TPPM Battery Pack (5) 520.00 271 7200 Other Supplies 2016 Signarama 39173 Name Plate for "Supply" Room 71.47 31,950.65 46,155.48 272 6305 R&M Equipment 1124 Braniff Communications Inc 0031307 2018 Outdoor Warning Sirens Preventive Maintenance 4,795.00 273 7200 Other Supplies 1057 Menard Incorporated 12404 3 Storage Bins For Equipment 59.97 4,854.97 274 5310 Membership Dues 1743 IL Fire Chiefs Association 18-840 2018 Annual Membership Dues - Fire Chief 450.00 450.00 275 5325 Training 1252 NIPSTA 17512 Basic Fire Academy-1 New Recruit 04/16-06/15/2018 3,395.00 276 6035 Dispatch Services 5973 Emergency Twenty Four Inc 46244 Elevator Alarms-Feb 2018 1,262.00 277 6135 Rentals 6853 3G Safety Supply 181023 28 Cylinder Rentals-February 2018 532.00 278 6195 Miscellaneous Contractual Services 1745 Suburban Accents Inc 26140 Veh Number Repl & State Mandated Amb Sticker Install- A63 to A64 02/22/2018 819.00 279 6195 Miscellaneous Contractual Services 1745 Suburban Accents Inc 26141 Veh Number Repl & State Mandated Amb Sticker Install- A64 to A65 02/22/2018 1,599.00 280 6195 Miscellaneous Contractual Services 1745 Suburban Accents Inc 26142 Veh Number Repl & State Mandated Amb Sticker Install- A61 62 & 63 02/23/2018 477.00 Total 100 - Administration Division: 710 - Emergency Services Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Fire Department Division: 100 - Administration Total 630 - Support Services Total 60 - Police Department Page 18 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 281 6305 R&M Equipment 2501 FireService Management LLC 18211 (3) Clean/Repairs TurnOut Gear 02/22/2018 1,503.55 282 6305 R&M Equipment 2501 FireService Management LLC 18236 Clean/Repair TurnOut Gear 03/02/2018 333.00 283 7000 Office Supplies 1644 Warehouse Direct Inc 3815949-1 2 Boxes C Batteries 66.00 284 7025 Supplies - Custodial 1057 Menard Incorporated 12557 Caulk & CLR for Bathroom-Sta 61 20.45 285 7025 Supplies - Custodial 1304 HP Products I3346671 Floor Mats, Towels, Can Liners, Bowl Cleaner, Tissue, Dish Soap 1,428.93 286 7025 Supplies - Custodial 1304 HP Products I3356679 12 Cases Wash Brushes 387.48 287 7035 Supplies - Equipment R&M 1702 Diamond Paint & Home Center LLC 000232091 Spackle & Paint for Station Maintenance-Sta 63 132.33 288 7035 Supplies - Equipment R&M 6224 Bumper to Bumper 408-1125202 Air Tool Oil-Tw61 3.99 289 7200 Other Supplies 1076 Sam's Club Direct 1386 10 Cases Bottled Water for Rigs-Sta 61 33.60 290 7200 Other Supplies 3297 Bound Tree Medical LLC 82760272 EMS Supplies-Catheters, Gloves, Cables & Supply Bags 1,839.91 291 7200 Other Supplies 3297 Bound Tree Medical LLC 82794558 EMS Supplies-Handles, Chest Seals, Oxygen Bags, Bandages, Triage 1,584.32 292 7200 Other Supplies 2413 Iorio, Michael Reimb 03/11/2018 Reimb for Replacement Tool Set & Bits for E62 40.91 293 7300 Uniforms 1080 Air One Equipment Inc 130821 1 Pair of Replacement Cosmas Rubber Boots 128.00 294 7300 Uniforms 1080 Air One Equipment Inc 130822 1 Pair of Replacement Ultimate FF Boots 407.37 295 7300 Uniforms 1080 Air One Equipment Inc 130823 1 Pair of Replacement Ultimate FF Boots 407.40 296 7300 Uniforms 3212 On Time Embroidery Inc 47190 Cargo Pocket Pants - 1 Paramedic 56.00 297 7300 Uniforms 3212 On Time Embroidery Inc 47788 Class A Trousers, Oxfords, Pants, L/S& S/S Shirts, Shorts, Cap 769.00 298 7300 Uniforms 3212 On Time Embroidery Inc 47798 3 T-Shirts, Polo, Pants - 1 Lieutenant 345.00 299 7300 Uniforms 3212 On Time Embroidery Inc E 46638 Zip Job Shirt - 1 Engineer 65.00 300 7300 Uniforms 3212 On Time Embroidery Inc E 48396 2 S/S Polos - 1 Paramedic 84.00 301 7300 Uniforms 3212 On Time Embroidery Inc E 48527 S/S Polo - 1 Paramedic 42.00 Page 19 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 302 7300 Uniforms 3212 On Time Embroidery Inc E 48747 Zip Job Shirt, Twill Cap - 1 Engineer 84.00 303 7300 Uniforms 3212 On Time Embroidery Inc ES 47875 2 T-Shirts, 2 L/S Polos, Steel Toe Boot - 1 Engineer 281.00 304 7300 Uniforms 3212 On Time Embroidery Inc ES 48393 2 T-Shirts, Pants, 2 Polos, Zip Job Shirt - 1 Paramedic 227.00 305 7300 Uniforms 3212 On Time Embroidery Inc ES 48395 3 Pants, 2 T-Shirts, Shoes, L/S T-Shirt, 2 S/S Polos - 1 PM 365.00 306 7300 Uniforms 3212 On Time Embroidery Inc ES 48528 3 T-Shirts, Zip Job Shirt, Twill Cap, Shorts - 1 Paramedic 139.00 307 7300 Uniforms 3212 On Time Embroidery Inc O 49518 Oxfords, Class A Trousers/Shirt/Coat/Cap, Belt, Tie, Nameplate 427.00 308 7300 Uniforms 3212 On Time Embroidery Inc OE 48978 Zip Job Shirt, Knit Cap - 1 Lieutenant 85.00 309 7300 Uniforms 3212 On Time Embroidery Inc OES 46662 Zip Job Shirt - 1 Lieutenant 70.00 310 7300 Uniforms 3212 On Time Embroidery Inc OES 48252 3 T-Shirts, Zip Job Shirt, Twill Cap, L/S T-Shirt - 1 Lieutenant 137.00 311 7300 Uniforms 3212 On Time Embroidery Inc OES 48616 5 T-Shirts, Twill Cap, Belt, Boots, 4 Pants, Zip Job Shirt-1 D/C 574.00 312 7300 Uniforms 3212 On Time Embroidery Inc OES 49295 3 T-Shirts, 2 L/S Shirts, 2 L/S T- Shirts, 4 Polos, Sweatpants, Fleece Jkt 537.00 313 7300 Uniforms 3212 On Time Embroidery Inc OS 48328 2 Pants, T-Shirt, L/S T-Shirt, L/S Shirt - 1 Paramedic 177.00 314 7300 Uniforms 3212 On Time Embroidery Inc S 47189 2 Pants - 1 Paramedic 112.00 315 7300 Uniforms 3212 On Time Embroidery Inc S 48332 Steel Toe Boots, Pants, T-Shirt - 1 Lieutenant 227.00 316 7300 Uniforms 3212 On Time Embroidery Inc S 48756 2 T-Shirts, 2 Pants, L/S T-Shirt - 1 Engineer 138.00 317 7300 Uniforms 3212 On Time Embroidery Inc S 48866 3 T-Shirts, Pants, L/S T-Shirt - 1 Lieutenant 107.00 318 7300 Uniforms 3212 On Time Embroidery Inc S 48889 2 Pants, Shorts, Belt, 4 T- Shirts, 1 L/S T-Shirt - 1 Paramedic 215.00 319 7300 Uniforms 3212 On Time Embroidery Inc S 49145 6 T-Shirts, 4 Pants - 1 Paramedic 270.00 320 7300 Uniforms 3212 On Time Embroidery Inc S 49151 1 L/S T-Shirt - 1 Paramedic 12.00 Page 20 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 321 7320 Equipment < $5,000 6452 Rock River Sports LLC 371 4 Dive Ice Rescue Suits 3,199.80 25,146.04 322 6110 Printing Services 1233 Press Tech Inc 42088 2 Boxes of Business Cards 40.00 323 7200 Other Supplies 1046 Hinckley Spring Water Co 2533573 031018 Water Supply 02/09/2018 14.00 54.00 25,650.04 324 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 4,537.23 325 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 143215A Collection Services Jan 2018 Ambulance Fees 7,790.55 326 6030 AMB Fee Processing Services 3640 Andres Medical Billing Ltd 143239 Collection Services Feb 2018 Ambulance Fees 5,401.85 327 6500 Subsidy - Historical Museum 1717 Des Plaines Historical Society April 2018 April 2018 Subsidy for the Des Plaines Historical Society 4,166.67 21,896.30 576,901.00 328 6000 Professional Services 1199 Spaceco Inc 74575 Const Engr-Downtown Streetscape Ph II 01/28- 02/24/2018 3,640.00 329 6005 Legal Fees 3447 Holland & Knight LLP 5635397 1-18 Non-Retainer Property Enforcement Matters 5,742.50 330 6145 Custodial Services 6549 B&B Maintenance Inc 77407 Custodial Services - Library Parking Deck - February 2018 400.00 331 6145 Custodial Services 6549 B&B Maintenance Inc 77408 Custodial Services - MetroSq Parking - February 2018 400.00 332 6145 Custodial Services 6549 B&B Maintenance Inc 77410 Custodial Services - Metra Station - February 2018 1,000.00 333 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-362 Exterior Pest Control - City Hall, Police, Train - 03/11/2018 40.00 Fund: 201 - TIF #1 Downtown Fund Department: 90 - Overhead Total 90 - Overhead Total 100 - General Fund Division: 720 - Fire Prevention Total 720 - Fire Prevention Total 70 - Fire Department Total 710 - Emergency Services Page 21 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 334 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 03-364 Pest Control - 7 Locations - 03/01/2018 97.00 335 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180305 Sidewalk Snow Removal - 03/06/2018, R-161-17 1,889.00 336 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180307 Sidewalk Snow Removal - 03/07/2018, R-161-17 1,889.00 337 6195 Miscellaneous Contractual Services 7050 DGO Premium Services Company 180313 Sidewalk Snow Removal Services - 03/13/20018, R- 13/2018 3,859.00 338 6195 Miscellaneous Contractual Services 2027 American National Skyline Inc 249416 Window Washing - Metra Station - 09/23/2017 223.22 339 6195 Miscellaneous Contractual Services 5930 Precision Control Systems of Chicago Inc 33605 Installation of Cameras - Metra Station - 03/13/2018 1,490.00 340 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769381346 Mats - Metra Station - 02/28/22018 50.21 341 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 769385551 Mats - Metra Station - 03/07/2018 50.21 342 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 0968786 5 Keys - Knox Box - Train Station 23.95 343 7045 Supplies - Building R&M 5699 March Industries Inc 195165 Dispenser & Disposable Seat Cover Refills - Train Station 73.75 344 7140 Electricity 1033 ComEd 0237106099- 03/18 Electricity Services 02/06- 03/07/2018 309.54 345 7140 Electricity 1033 ComEd 0392121005- 03/18 Electricity Services 02/06- 03/07/2018 154.89 346 7140 Electricity 1033 ComEd 0445091056- 03/18 Electricity Services 02/06- 03/07/2018 271.60 347 7140 Electricity 1033 ComEd 2901166089- 03/18 Electricity Services 02/06- 03/07/2018 659.89 348 7140 Electricity 1033 ComEd 5310657021- 03/18 Electricity Services 02/06- 03/07/2018 41.11 349 7140 Electricity 1033 ComEd 5310658082- 03/18 Electricity Services 02/06- 03/07/2018 54.46 350 7140 Electricity 1033 ComEd 6045062008- 03/18 Electricity Services 02/06- 03/07/2018 110.44 22,469.77 351 6000 Professional Services 1123 Christopher B Burke Engineering LTD 141852 Engr Svcs - Willow Creek Floodway LOMR 01/28- 02/24/2018 3,003.85 Total 201 - TIF #1 Downtown Fund Fund: 207 - TIF #7 Mannheim/Higgins South Page 22 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 352 6005 Legal Fees 3447 Holland & Knight LLP 5635396 1-18 Non-Retainer TIF #7 Matters 1,219.00 4,222.85 353 6330 R&M Traffic Signals 2032 Mount Prospect, Village of 2018-00550001 Traffic Signal Maintenance- Feehanville 10/01- 12/31/2017 451.49 354 7140 Electricity 1033 ComEd 0725000037- 03/18 Electricity Services 02/07- 03/08/2018 7.05 355 7140 Electricity 1033 ComEd 1521117181- 03/18 Electricity Services 02/06- 03/07/2018 367.29 356 7140 Electricity 1033 ComEd 2644104014- 03/18 Electricity Services 02/05- 03/06/2018 237.73 357 7140 Electricity 1033 ComEd 3471079047- 03/18 Electricity Services 02/06- 03/07/2018 40.13 358 7140 Electricity 1033 ComEd 3657136067- 03/18 Electricity Services 02/06- 03/07/2018 295.86 1,399.55 359 6000 Professional Services 3338 Gabriel Environmental Services 0218A0200 Asbestos Inspection - 1729 Junior Terrace 02/07- 02/28/2018 1,865.00 360 6000 Professional Services 3338 Gabriel Environmental Services 0218A0201 Asbestos Inspection - 1776 Sherwood Rd 02/08- 02/28/2018 2,405.00 361 6000 Professional Services 3338 Gabriel Environmental Services 0218A0202 Asbestos Inspection- 1987 Big Bend Dr 02/17-02/28/2018 1,100.00 362 6000 Professional Services 3338 Gabriel Environmental Services 0218A0224 Asbestos Inspection - 312 Hawthorne Ln 02/21- 02/28/2018 2,245.00 363 6000 Professional Services 3338 Gabriel Environmental Services 0218A0226 Asbestos Inspection - 275 Hawthorne Ln 02/15- 02/28/2018 1,100.00 364 6000 Professional Services 3338 Gabriel Environmental Services 0218A0228 Asbestos Inspection - 1718 Hawthorne 02/15-02/22/2018 1,190.00 365 6000 Professional Services 3338 Gabriel Environmental Services 2018A0203 Asbestos Inspection - 1899 Big Bend 02/12-02/28/2018 1,235.00 366 6000 Professional Services 1126 Civiltech Engineering Inc 2866-25 Engr Svcs- Rand Rd Sidepath 11/25/2017-02/23/2018 3,100.43 Program: 2520 - Capital Grants Fund: 230 - Motor Fuel Tax Fund Total 230 - Motor Fuel Tax Fund Fund: 250 - Grant Projects Fund Total 207 - TIF #7 Mannheim/Higgins South Page 23 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 367 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4816.200-22 Engr Svcs-Lee @ Forest Traffic Signal Ph 2 11/20/2017- 01/21/2018 3,452.22 17,692.65 17,692.65 368 2484 Seized/Pending Forfeit 1320 IL State Police 17-19937-A Forfeiture Award 1,367.00 369 2484 Seized/Pending Forfeit 1320 IL State Police 17-19937-B Forfeiture Award 448.00 370 5325 Training 3685 Mid-South Institute of Self Defense Shooting Inc 3758 Tactical Response Team Training 20 Attendees April 3- 6, 2018 22,720.00 371 5345 Post-Employment Testing 2377 North Shore University Health System 208371567- 021218 NIPAS Annual Physical (Ofc) 2/12/18 101.00 372 7320 Equipment < $5,000 7215 CR Milazzo - Gunsmithing 201436M Rings and Mounts for 4 Sniper Rifles 1,125.00 23,946.00 373 7300 Uniforms 1489 JG Uniforms Inc 33622 Black Ballistic Vest Cover (Delta Ofc) 162.00 162.00 25,923.00 374 6005 Legal Fees 3447 Holland & Knight LLP 5635373 1-18 Non-Retainer ETSB Restructuring 53.00 53.00 375 6000 Professional Services 1123 Christopher B Burke Engineering LTD 141853 Engr Services-Rawl Rd Flood Study 01/28-02/24/2018 2,962.00 376 6000 Professional Services 1394 Gewalt Hamilton Associates Inc 4816.200-22 Engr Svcs-Lee @ Forest Traffic Signal Ph 2 11/20/2017- 01/21/2018 3,452.22 377 6000 Professional Services 1199 Spaceco Inc 74571 Task Order 1 - 2017 CIP Construction Engr 01/28- 02/24/2018 405.00 378 6155 Sidewalk Improvements 1281 Des Plaines Park District DPPD-1 Sidewalk Installation 255 ft. - 800 Madelyn 05/31- 08/09/2017 7,650.00 Total 280 - Emergency Telephone System Fund Fund: 400 - Capital Projects Fund Total 2620 - DEA Total 260 - Asset Seizure Fund Fund: 280 - Emergency Telephone System Fund Fund: 260 - Asset Seizure Fund Program: 2610 - Customs Total 2610 - Customs Program: 2620 - DEA Total 2520 - Capital Grants Total 250 - Grant Projects Fund Page 24 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 379 6195 Miscellaneous Contractual Services 1462 Sidwell Co 109706 2017 Cook County Atlas Pages 217.40 14,686.62 380 8005 Computer Hardware 1035 Dell Marketing LP 10228991176 Dell Latitude 5414 Rugged Laptop 1,993.76 381 8005 Computer Hardware 1035 Dell Marketing LP 10229347235 16 Replacement Dell Computers 7,382.08 9,375.84 382 5325 Training 1576 Illinois Section American Water Works Association 200034257 SCADA Training - Crew Leader Water Systems - 02/22/2018 80.00 383 5325 Training 1576 Illinois Section American Water Works Association 200034759 Water Distribution Seminar - Water Sys. Crew Leader - 04/10/2018 75.00 384 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 437.98 385 6045 Utility Locate Services 1052 Julie Inc 2018-0445 2ndQtr Utility Locate Services - 2018 2nd Qtr 937.00 386 6180 Water Sample Testing 1642 Suburban Laboratories, Inc 153127 IEPA Testing - 02/09, 02/16, 02/23, & 02/27/2018 735.00 387 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 180152 41 Meter Bench Tests - 02/22/2018 1,430.00 388 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 180161 8 Meter Bench Tests - 03/06/2018 184.00 389 6315 R&M Buildings & Structures 1237 Pro-Line Door Systems Inc 82011 Replace Inoperable Gate Opener - Water Plant - 02/28/2018 5,986.00 390 6335 R&M Water Distribution System 2789 Cardinal Fence and Supply Inc 28642 Dulles Tank Fence Repairs - 03/01/2018 4,124.00 391 7020 Supplies - Safety 2067 Cutler Workwear 106105 Winter Clothing - Crew Leader 214.17 392 7020 Supplies - Safety 2067 Cutler Workwear 106341 Winter Clothing - Maintenance Operator 210.58 393 7030 Supplies - Tools & Hardware 1274 O'Leary's Contractors Equipment & Supply Inc 242669 12' Ladder 150.00 394 7035 Supplies - Equipment R&M 1709 Ziebell Water Service Products Inc 240565-000 Shell Cutter & Pilot Drill for Tap Machine 677.93 395 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-341938 Sway Bar Bushing - PW 9023 16.34 Fund: 420 - IT Replacement Fund Total 420 - IT Replacement Fund Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 400 - Capital Projects Fund Page 25 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 396 7040 Supplies - Vehicle R&M 1154 West Side Tractor Sales W61944 5 Bucket Teeth- PW 9018 108.57 397 7045 Supplies - Building R&M 1043 WW Grainger Inc 9690735643 Digital Keypad for Maple St Water Plant 171.26 398 7070 Supplies - Water System Maintenance 1057 Menard Incorporated 11956 Brass Nipple, Reducer, Copper Union, Drywall Blades, Knife, etc. 70.61 399 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12808 6.49 Tons Asphalt - Mainbreak Repair - 02/20/2018 850.19 400 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12832 6.85 Tons Asphalt - Mainbreak Repair - 02/23/2018 897.35 401 7070 Supplies - Water System Maintenance 1086 Arrow Road Construction 12856 6.03 Tons Asphalt - Mainbreak Repair - 02/27/2018 789.93 402 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 240566-000 Tap Sleeve 205.00 403 7070 Supplies - Water System Maintenance 1072 Prairie Material 888456890 4.5 Cu Yds Concrete - Mainbreak Repairs - 02/01/2018 833.75 404 7140 Electricity 1033 ComEd 0718079040- 03/18 Electricity Services 02/06- 03/07/2018 137.44 405 7140 Electricity 1033 ComEd 1602149012- 03/18 Electricity Services 02/05- 03/06/2018 158.31 406 7140 Electricity 1033 ComEd 2382141015- 03/18 Electricity Services 02/06- 03/07/2018 68.17 407 7140 Electricity 1033 ComEd 2902009038- 03/18 Electricity Services 02/02- 03/05/2018 569.82 408 7140 Electricity 1033 ComEd 3526170000- 03/18 Electricity Services 02/02- 03/05/2018 82.56 409 7140 Electricity 1033 ComEd 5646761001- 03/18 Electricity Services 02/02- 03/05/2018 34.01 410 7140 Electricity 1033 ComEd 6152054027- 03/18 Electricity Services 02/05- 03/06/2018 3,651.68 411 7150 Water Treatment Chemicals 1082 Alexander Chemical Corporation SCL 10019107 10 Containers Deposit Refund - 02/26/2018 (1,000.00) 412 7150 Water Treatment Chemicals 1082 Alexander Chemical Corporation SLS 10068604 10 Containers Chlorine 2,390.00 413 7300 Uniforms 6599 Gehrett, Joel Reimb 03/15/2018 Shirts & Pants - Utilities Superintendent 321.33 414 7320 Equipment < $5,000 7244 Midwest Water Group Inc 9601 Light for Mainbreak and Night Repairs 2,095.00 27,692.98Total 550 - Water Systems Page 26 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 415 5325 Training 1576 Illinois Section American Water Works Association 200034685 Sewer Collection Seminar - 2 Sewer Maint. Operators - 02/28/2018 220.00 416 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 416.22 417 6045 Utility Locate Services 1052 Julie Inc 2018-0445 2ndQtr Utility Locate Services - 2018 2nd Qtr 936.72 418 6505 Subsidy - Sewer Lateral Program 7242 Kurien, Saji SLP18-008 Sewer Rebate 03/14/2018 89.95 419 6510 Subsidy - Flood Assistance 7243 Puralewski, Adam FRP18-015 Flood Rebate 3/14/2018 1,096.04 420 7020 Supplies - Safety 1047 Home Depot Credit Svcs 1621754 Blow Gun, Pliers & Gloves 12.97 421 7020 Supplies - Safety 2053 USA Bluebook 494936 8 Prs Gloves 23.92 422 7020 Supplies - Safety 2053 USA Bluebook 510408 Nitrile Gloves & Multi- Purpose Wipes 128.16 423 7030 Supplies - Tools & Hardware 1047 Home Depot Credit Svcs 1621754 Blow Gun, Pliers & Gloves 94.31 424 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000232268 Freight Charges - Flashlight Repair - PW 8027 23.63 425 7040 Supplies - Vehicle R&M 1246 RNOW Inc 2018-53297 2 Flange Gaskets - PW 8020 28.66 426 7040 Supplies - Vehicle R&M 1202 Standard Equipment Co P04422 4 Flange Gaskets - PW 8020 40.68 427 7140 Electricity 1033 ComEd 0096017042- 03/18 Electricity Services 02/06- 03/07/2018 3,301.58 428 7140 Electricity 1033 ComEd 0575134020- 03/18 Electricity Services 02/02- 03/05/2018 301.94 429 7140 Electricity 1033 ComEd 0640144010- 03/18 Electricity Services 02/06- 03/07/2018 185.99 430 7140 Electricity 1033 ComEd 0762050019- 03/18 Electricity Services 02/07- 03/08/2018 70.12 431 7140 Electricity 1033 ComEd 2038128006- 03/18 Electricity Services 02/02- 03/05/2018 140.77 432 7140 Electricity 1033 ComEd 2148094073- 03/18 Electricity Services 02/07- 03/08/2018 122.58 433 7140 Electricity 1033 ComEd 3240002012- 02/18 Electricity Services 01/26- 02/27/2018 1,213.16 434 7140 Electricity 1033 ComEd 3461136053- 03/18 Electricity Services 02/05- 03/06/2018 32.70 435 7140 Electricity 1033 ComEd 3526009006- 03/18 Electricity Services 02/06- 03/07/2018 123.14 436 7140 Electricity 1033 ComEd 4995025051- 03/18 Electricity Services 02/05- 03/06/2018 141.93 437 7140 Electricity 1033 ComEd 5060090016- 03/18 Electricity Services 02/07- 03/08/2018 324.62 Division: 560 - Sewer Systems Page 27 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 438 7140 Electricity 1033 ComEd 5814097012- 03/18 Electricity Services 02/06- 03/07/2018 117.66 439 7140 Electricity 1033 ComEd 6331089024- 03/18 Electricity Services 02/02- 03/05/2018 207.19 9,394.64 440 6000 Professional Services 2506 Trotter & Associates Inc 14285 TO #3 Bid & Construction Eng Services - Feb 2018, R-12-17 388.00 388.00 37,475.62 441 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 173.10 442 6015 Communication Services 1027 Call One 03/15/2018 Communication Service 03/15- 04/14/2018 882.22 443 6320 R&M Parking Lots 7146 JOS Services Inc 1798 Floor Drain Pipe Repair - Library Parking - 02/21/18 1,835.00 444 6320 R&M Parking Lots 2350 Anderson Elevator Co 220487 Elevator Service - March 2018 139.80 445 6320 R&M Parking Lots 2350 Anderson Elevator Co 220487 Elevator Service - March 2018 280.17 446 7140 Electricity 1033 ComEd 0354464001- 03/18 Electricity Services 02/06- 03/07/2018 3,900.75 447 7140 Electricity 1033 ComEd 2239082030- 03/18 Electricity Services 02/06- 03/07/2018 1,068.38 448 7140 Electricity 1033 ComEd 4722388001- 03/18 Electricity Services 02/06- 03/07/2018 24.01 449 7140 Electricity 1033 ComEd 4791127023- 03/18 Electricity Services 02/06- 03/07/2018 2,720.78 450 7140 Electricity 1033 ComEd 5310303000- 03/18 Electricity Services 02/06- 03/07/2018 240.95 11,265.16 451 7060 Supplies - Parking Lots 1047 Home Depot Credit Svcs 0020169 Reciprocal Blades, 2x4 Plywood, Square Box & Cover 47.76 452 7060 Supplies - Parking Lots 1057 Menard Incorporated 12001 2 Outlets - Cumberland Train Station 11.94 453 7060 Supplies - Parking Lots 1043 WW Grainger Inc 9713283431 Access Door - Cumberland Station 123.35 454 7140 Electricity 1033 ComEd 5310666002- 03/18 Electricity Services 02/06- 03/07/2018 1,027.37 1,210.42 Fund: 510 - City Owned Parking Fund Total 510 - City Owned Parking Fund Fund: 520 - Metra Leased Parking Fund Total 520 - Metra Leased Parking Fund Division: 580 - CIP - Water/Sewer Total 580 - CIP - Water/Sewer Total 500 - Water/Sewer Fund Total 560 - Sewer Systems Page 28 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 455 5325 Training 6337 PMA Companies Inc I83703NPN 2nd Qtr 2018 Risk Mgmt Training for PW Personnel 4,011.00 456 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2078927 050531 MICA Claim Deductible 07/12/2017 L002078927 574.45 457 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2100219 050509 MICA Claim Deductible 07/30/2017 L002100219 986.18 458 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2100900 050510 MICA Claim Deductible 08/13/2016 L002100900 927.32 459 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2100900 050550 MICA Claim Deductible 08/13/2016 L002100900 72.68 460 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2138230 050511 MICA Claim Deductible 08/16/2017 L002138230 304.00 461 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2138230 050561 MICA Claim Deductible 08/16/2017 L002138230 4,696.00 462 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2139782 050532 MICA Claim Deductible 08/24/2017 L002139782 5,000.00 463 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2144112 050533 MICA Claim Deductible 12/12/2016 L002144112 351.11 464 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2145885 050571 MICA Claim Deductible 09/02/2017 L002145885 5,000.00 465 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2154149 050535 MICA Claim Deductible 09/19/2017 L002154149 5,000.00 466 5545 MICA Deductible 1061 Municipal Insurance Cooperative Agency 2185729 050551 MICA Claim Deductible 09/20/2017 L002185729 75.00 467 5570 Self Insured P&L Expense 1089 Autokrafters of Des Plaines L002246774 Accident Repair Claim #L002246774 2/20/18 Sqd #K10 RD #18-02284 3,119.99 468 6005 Legal Fees 3447 Holland & Knight LLP 5635377 1-18 Non-Retainer PSEBA Proceedings 2,668.92 469 6005 Legal Fees 3447 Holland & Knight LLP 5635399 1-18 Non-Retainer PSEBA Proceedings 635.45 470 6005 Legal Fees 3447 Holland & Knight LLP 5635411 1-18 Non-Retainer PSEBA Proceedings 15,749.58 49,171.68 Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Page 29 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2018 Account 471 6195 Miscellaneous Contractual Services 1412 Discovery Benefits Inc 0000857202-IN Commuter-Monthly & FSA- Monthly 02/01-02/28/2018 558.50 558.50 472 2221 Taste of Des Plaines 7222 Belliveau, Steve 03-02-2018 Deposit for Performance at 2018 Taste on 06/16/2018 50.00 473 2493 Escrow - CED Development 3447 Holland & Knight LLP 5635401 1-18 Reimb Redevelopment 77.00 474 2493 Escrow - CED Development 3447 Holland & Knight LLP 5635401 1-18 Reimb Redevelopment 378.00 475 2493 Escrow - CED Development 3447 Holland & Knight LLP 5635402 1-18 Reimb Redevelopment 1,617.00 476 2493 Escrow - CED Development 3447 Holland & Knight LLP 5635409 1-18 Reimb Redevelopment 1,039.50 477 2493 Escrow - CED Development 3447 Holland & Knight LLP 5635412 1-18 Reimb Redevelopment 115.50 478 2493 Escrow - CED Development 7235 Tameling, Bernard J CED 4300 Escrow Refund 3/13/2018 1,004.50 4,281.50 776,687.16Grand Total Total 610 - Health Benefits Fund Fund: 700 - Escrow Fund Total 700 - Escrow Fund Fund: 610 - Health Benefits Fund Page 30 of 41 Line #Vendor Invoice Invoice Description Amount 479 2471 Red Light Payable 4297 Des Plaines Photo Enforcement Program 17056004691197 43 Red Light Cash Payment 03/06/2018 100.00 480 4210 Personal Property Replacement Tax 4999 Des Plaines Public Library 1st Qtr 2018 PPRT Allocation for 1st Qtr 2018 23,247.00 481 4210 Personal Property Replacement Tax 4999 Des Plaines Public Library 4th Qtr 2017 PPRT Allocation for 4th Qtr 2017 23,247.00 482 4530 Vehicle Boot 7225 McGraw, Patricia E Refund 03/07/18 Refund for Vehicle Boot Fee 100.00 46,694.00 483 6015 Communication Services 1533 Wide Open West LLC 11526044Feb201 8A Internet/Cable Service 02/21- 03/20/2018 146.96 146.96 484 6195 Miscellaneous Contractual Services 5826 Granicus Inc 95213 2017 Annual Maintenance & Support for City Website 5,400.00 5,400.00 485 6535 Subsidy - Youth Commission 7049 Head, Andy 03102018AH 2 Hours of Juggling @ YC Fun Fair Event 03/10/2018 500.00 486 6535 Subsidy - Youth Commission 3604 Ummel, Patti 31018 3 Hrs of Balloon Twisting @ YC Fun Fair Event 03/10/2018 375.00 875.00 6,421.96 487 5310 Membership Dues 1430 Law Enforcement Record Managers of IL 2018 2018 Membership Dues for Police Records Clerk 25.00 488 6015 Communication Services 1009 AT&T 847R18054602-18 Communication Service 02/28- 03/27/2018 63.45 88.45 88.45 Total 630 - Support Services Total 60 - Police Department Police Department Division: 630 - Support Services Total 260 - Health & Human Services Total 20 - City Administration Division: 240 - Media Services Total 240 - Media Services Division: 260 - Health & Human Services Total 00 - Non Departmental City Administration Division: 230 - Information Technology Total 230 - Information Technology City of Des Plaines Warrant Register 04/02/2016 Account Fund: 100 - General Fund Manual Checks Page 31 of 41 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 04/02/2016 Account Manual Checks 489 6015 Communication Services 1032 Comcast Cable 02/22/2018 x6716 Internet/Cable Service for Mar 2018 14.65 490 8000 Computer Software 6107 Grey Wall Software LLC 3532 Veoci SaaS Software License 06/01-10/15/2017 3,515.62 3,530.27 491 6015 Communication Services 1533 Wide Open West LLC 11526044Feb201 8B Internet/Cable Service 02/21- 03/20/2018 2,791.12 492 6015 Communication Services 1533 Wide Open West LLC 11526044Feb201 8C Internet/Cable Service 02/21- 03/20/2018 1,139.50 3,930.62 60,665.30 493 2400 Escrow 7233 Blue, James & June 2017-1x106-032 Refund of Prop Tax Paid-1771 Sherwood Rd Pin 09-16-106- 032-0000 3,974.29 3,974.29 494 6015 Communication Services 1533 Wide Open West LLC 11526044Feb201 8D Internet/Cable Service 02/21- 03/20/2018 420.00 420.00 420.00 65,059.59Grand Total Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 550 - Water Systems Total 500 - Water/Sewer Fund Total 100 - General Fund Fund: 250 - Grant Projects Fund Total 250 - Grant Projects Fund Total 65 - Emergency Management Agency Department: 90 - Overhead Total 90 - Overhead Department: 65 - Emergency Management Agency Page 32 of 41 Line #Vendor Invoice Invoice Description Amount 495 5335 Travel Expenses 4444 Misc Vendor for Procurement Card PC - 19203 Taxi Fare for City Mgr Metra Sta to IL Gaming Board 02/09/2018 8.75 496 5335 Travel Expenses 4444 Misc Vendor for Procurement Card PC - 19204 Taxi Fare for City Mgr IL Gaming Board to Metra Sta 02/09/2018 8.50 17.25 497 6195 Miscellaneous Contractual Services 6008 Network Solutions LLC PC - 19219 Cityofdesplaines.info Renewal 2/7/18 - 2/7/19 81.96 498 6195 Miscellaneous Contractual Services 6008 Network Solutions LLC PC - 19248 Tasteofdesplaines.com 1/13/17 - 2/13/18 1.99 499 7005 Printer Supplies 4348 Amazon.Com PC - 19155 4 Pks of Color HP Cartridges for IT Department 125.60 500 7005 Printer Supplies 4348 Amazon.Com PC - 19190 1 Pk of Color HP Cartridges for Media Services Department 34.28 501 7200 Other Supplies 4348 Amazon.Com PC - 19165 Bubble Wrap for IT Department 16.88 502 7200 Other Supplies 4348 Amazon.Com PC - 19264 1 Black Electric Tape Roll for IT Department 5.99 503 7320 Equipment < $5,000 4348 Amazon.Com PC - 19177 6 Crucial 8GB Memory Sticks for Police Department 437.70 504 7320 Equipment < $5,000 4348 Amazon.Com PC - 19181 10 Otterbox iPhone 6 Cases for City Use & 1 Data Phone Assortment Kit 202.79 505 7320 Equipment < $5,000 4348 Amazon.Com PC - 19186 Refund for Phoenix Wire Connectors (4.71) 506 7320 Equipment < $5,000 4348 Amazon.Com PC - 19188 Phoenix Wire Connectors for IT Department 4.71 507 7320 Equipment < $5,000 4348 Amazon.Com PC - 19198 2 Seagate 3TB Drives for IT Department 198.00 508 7320 Equipment < $5,000 4348 Amazon.Com PC - 19202 20 Logitech Wireless Keyboard and Mouse for City Use 387.00 509 7320 Equipment < $5,000 4348 Amazon.Com PC - 19227 6 Replacement UPS Batteries for City Use 97.80 1,589.99 Bank of America Division: 210 - City Manager Total 210 - City Manager Division: 230 - Information Technology Total 230 - Information Technology City of Des Plaines Warrant Register 04/02/2018 Account Fund: 100 - General Fund City Administration Page 33 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 510 6195 Miscellaneous Contractual Services 4652 Survey Monkey PC - 19160 Annual Subscription Fee for Survey Monkey 02/27/2018- 02/26/2019 288.00 511 6195 Miscellaneous Contractual Services 6010 Constant Contact Inc PC - 19216 Monthly Subscription to Constant Contact 02/12/2018- 03/11/2018 20.00 512 6195 Miscellaneous Contractual Services 6010 Constant Contact Inc PC - 19217 Cancellation of Constant Contact Svcs 02/12- 03/11/2018 (20.00) 513 6195 Miscellaneous Contractual Services 5096 iStock PC - 19225 Purchase of Illustration Rights 02/06/2018-03/06/2018 40.00 514 7000 Office Supplies 4348 Amazon.Com PC - 19170 50 - 3/4 Inch Black Coil Bindings for Reports 12.99 515 7000 Office Supplies 4348 Amazon.Com PC - 19184 1 Pk Each of Clear Binding Covers, Presentation Binding Backs & Coil Bindings 41.86 516 7000 Office Supplies 4348 Amazon.Com PC - 19196 12 Pack of 3" x 3" Post-It Pop Up Notes 16.99 517 7310 Publications 1050 Journal & Topics PC - 19183 Feb 2018 Fee for Access to Journal & Topics Online- Mayor's Secretary 5.99 518 7310 Publications 1050 Journal & Topics PC - 19244 Feb 2018 Fee for Access to Journal & Topics Online-Fin Dir 5.99 519 7310 Publications 1050 Journal & Topics PC - 19245 Feb 2018 Fee for Access to Journal & Topics Online-City Mgr 5.99 520 7310 Publications 1050 Journal & Topics PC - 19252 Feb 2018 Fee for Access to Journal & Topics Online- Media Dir 5.99 521 7320 Equipment < $5,000 4348 Amazon.Com PC - 19182 Purchase of Punch and Bind Machine for Binding Various Reports 142.46 566.26 522 5325 Training 2255 NPELRA PC - 19192 IPELRA 2018 Employment Law Seminar 3/2/18-HR Specialist 195.00 195.00Total 250 - Human Resources Division: 240 - Media Services Total 240 - Media Services Division: 250 - Human Resources Page 34 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 523 6535 Subsidy - Youth Commission 4347 Oriental Trading Co PC - 19169 Youth Commission Fun Fair Giveaways for March 10, 2018 703.57 703.57 3,072.07 524 5310 Membership Dues 5072 IAPPO - IL Assoc of Public Procurement Officials PC - 19200 2018 Membership Dues for Purchasing Manager 45.00 525 7000 Office Supplies 4348 Amazon.Com PC - 19222 1 Stackable Letter Tray Desk Organizer 18.99 526 7000 Office Supplies 4348 Amazon.Com PC - 19257 2 Stackable Letter Tray Desk Organizers 36.98 527 7320 Equipment < $5,000 4348 Amazon.Com PC - 19246 1 Folding Steel Step Stool 14.09 115.06 528 5310 Membership Dues 2493 IL Dept of Financial & Professional Regulation PC - 19206 IL Dept of Financial & Prof Reg Health Insp License 2018 150.00 529 5310 Membership Dues 2493 IL Dept of Financial & Professional Regulation PC - 19209 IL Dept of Financial & Prof Reg Health Insp 2018 Service Fee 3.53 530 5325 Training 5331 IL Plumbing Heating Cooling Contractors Assoc PC - 19193 IL Plumbing Htg Cooling Cont Training Plumbing Insp 3/23/2018 35.00 531 5325 Training 1214 Suburban Building Officials Conference PC - 19237 SBOC Annual Training Seminar-7 Inspectors 03/02- 03/23/2018 2,375.00 532 5325 Training 1019 Anderson Pest Solutions PC - 19260 Training for Health Inspector 2/1/2018 50.00 2,613.53 533 5310 Membership Dues 3568 Illinois Economic Development Assoc PC - 19259 2018 IEDA Membership Director of CED 250.00 534 8010 Furniture & Fixtures 1076 Sam's Club Direct PC - 19249 Book Case for EDC Coordinator 1/30/2018 134.98 384.98 2,998.51 Total 420 - Planning & Zoning Total 40 - Community Development Community Development Division: 410 - Building & Code Enforcement Total 410 - Building & Code Enforcement Division: 420 - Planning & Zoning Total 20 - City Administration Department: 30 - Finance Total 30 - Finance Division: 260 - Health & Human Services Total 260 - Health & Human Services Page 35 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 535 5320 Conferences 1576 Illinois Section American Water Works Association PC - 19172 Conference - WaterCon 2018 3/19-3/22/2018 Dir of PW/ENG 150.00 536 7500 Postage & Parcel 4128 United Parcel Service Inc PC - 19171 Shipping for CDL Testing Documents 02/23/2018 9.94 159.94 537 5325 Training 4444 Misc Vendor for Procurement Card PC - 19173 Designated Erosion Control Insp Class 04/05/2018-Civil Eng 60.00 538 5325 Training 1753 American Public Works Association - APWA PC - 19234 APWA Suburban Branch QBS Conf 02/22/18-Civil Eng 35.00 539 7200 Other Supplies 1753 American Public Works Association - APWA PC - 19156 APWA Natl PW Week Posters 2018 32.40 540 7200 Other Supplies 4348 Amazon.Com PC - 19230 2 -I-Phone Lighting Cable Packs 26.98 541 7310 Publications 1563 American Water Works Assoc (AWWA) PC - 19251 Digital Book - M28 Rehabilitation of Water Mains 3rd Edition 72.00 542 7320 Equipment < $5,000 4348 Amazon.Com PC - 19255 Logitech Wireless Keyboard 19.35 245.73 543 5325 Training 4444 Misc Vendor for Procurement Card PC - 19256 Fuel Storage Tank Training for Mechanic 2/1/18 12.95 544 5325 Training 4444 Misc Vendor for Procurement Card PC - 19263 Fuel Storage Tank Training for Mechanic 1/31/18 12.95 545 7040 Supplies - Vehicle R&M 5872 Jones Trailer Company PC - 19166 Fan Cover for Animal Control Cage - PD #6078 99.69 546 7110 Natural Gas 4315 Chicago GTI/Clean Energy PC - 19167 Natural Gasoline 2/22/2018 12.78 547 7110 Natural Gas 4315 Chicago GTI/Clean Energy PC - 19187 Natural Gasoline 2/14/2018 13.42 548 7110 Natural Gas 4315 Chicago GTI/Clean Energy PC - 19208 Natural Gasoline 2/7/2018 13.33 549 7110 Natural Gas 4315 Chicago GTI/Clean Energy PC - 19258 Natural Gasoline 1/30/2018 13.74 178.86 584.53 Division: 540 - Vehicle Maintenance Total 540 - Vehicle Maintenance Total 50 - Public Works & Engineering Division: 100 - Administration Total 100 - Administration Division: 510 - Engineering Total 510 - Engineering Public Works & Engineering Page 36 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 550 5325 Training 4416 Comfort Inns PC - 19162 Hotel Stay for Police Training Class 2/25-26/2018 4 Attendees 199.36 551 7320 Equipment < $5,000 1047 Home Depot Credit Svcs PC - 19207 Refrigerator for 2nd Floor Bureau Remodel 2/9/2018 705.42 904.78 552 7015 Supplies - Police Range 1047 Home Depot Credit Svcs PC - 19262 Spray Adhesive, Gorilla Tape, Washers and Nuts 168.85 553 7200 Other Supplies 1057 Menard Incorporated PC - 19159 5 Gallon Bucket (2), Light Bulbs (4 Packs) 38.76 554 7200 Other Supplies 4633 Walgreens PC - 19176 2 Packs of Batteries for TRT 13.58 555 7500 Postage & Parcel 1566 UPS Store The PC - 19161 Postage Fee for Taser Return for Repair 2/27/2018 55.01 556 7550 Miscellaneous Expenses 5288 Dunkin Donuts, Inc PC - 19228 Coffee for New Hire Swear-In Ceremony 02/05/2018 17.09 557 7550 Miscellaneous Expenses 5288 Dunkin Donuts, Inc PC - 19229 Tax Refund for Coffee for New Hire Swear-In Ceremony 02/05/2018 (18.97) 558 7550 Miscellaneous Expenses 5288 Dunkin Donuts, Inc PC - 19233 Coffee for New Hire Swear-In Ceremony 02/05/2018 18.97 559 7550 Miscellaneous Expenses 2318 Jewel Food Stores PC - 19235 Cake for New Hire Swear in 2/5/2018 40.28 333.57 1,238.35 560 7000 Office Supplies 1057 Menard Incorporated PC - 19254 28 Storage Bins for Volunteer Equipment 160.85 561 7200 Other Supplies 4444 Misc Vendor for Procurement Card PC - 19210 200 Helmets EMA Stickers 446.00 562 7200 Other Supplies 4444 Misc Vendor for Procurement Card PC - 19253 200 Wooden Hangers for Volunteers Uniforms and PPEs 199.98 563 7550 Miscellaneous Expenses 5130 Cumberland Station Bake Shop PC - 19168 Chief Kushner Law Enf/Volunteer Area Mtg-EOC 2/22/18-Refreshments 27.12 833.95 Department: 65 - Emergency Management Agency Total 65 - Emergency Management Agency Division: 630 - Support Services Total 630 - Support Services Total 60 - Police Department Police Department Division: 620 - Criminal Investigation Total 620 - Criminal Investigation Page 37 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 564 5325 Training 4360 Paypal PC - 19164 (2) for Metro Chiefs' 2018 Spring Symposium 03/01/2018 70.00 565 5325 Training 3360 Evanston, City of PC - 19231 2 Leadership Classes 02/15/2018 - Deputy Fire Chief 100.00 170.00 566 5325 Training 2419 FireCompanies.com PC - 19247 Quarterly Website Training 02/01-04/30/2018-Fire Dept 89.97 567 7000 Office Supplies 4348 Amazon.Com PC - 19197 Self-Inking Date Stamper-B/C 12.95 568 7000 Office Supplies 4348 Amazon.Com PC - 19201 Pre-Inked Date Stamp-B/C 17.00 569 7200 Other Supplies 4348 Amazon.Com PC - 19179 2 Flashdrives 34.99 570 7200 Other Supplies 4348 Amazon.Com PC - 19211 2 20-Packs Slotted Key Tags 11.96 571 7200 Other Supplies 4348 Amazon.Com PC - 19226 2 iPad/iPhone Charger Cords for Ambulances 33.96 200.83 572 5325 Training 4291 Will Cook Grundy Counties Fire Invest. Task Force PC - 19189 Fire Investigation Task Force Conf-4 Attendees 03/05- 03/08/18 440.00 573 7310 Publications 1253 National Fire Protection Assn PC - 19232 NFPA Subscription Renewal 02/18/2018-02/18/2019 1,345.50 1,785.50 2,156.33 574 7200 Other Supplies 4444 Misc Vendor for Procurement Card PC - 19236 4 Name Plates for Fire & Police Commissioners 67.75 67.75 11,066.55 575 7300 Uniforms 4444 Misc Vendor for Procurement Card PC - 19178 2 Pair TRT Uniform Pants-New Officer 119.96 119.96 Fund: 260 - Asset Seizure Fund Program: 2610 - Customs Total 2610 - Customs Department: 75 - Fire & Police Commission Total 75 - Fire & Police Commission Total 100 - General Fund Division: 720 - Fire Prevention Total 720 - Fire Prevention Total 70 - Fire Department Total 100 - Administration Division: 710 - Emergency Services Total 710 - Emergency Services Fire Department Division: 100 - Administration Page 38 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 576 6115 Licensing/Titles 1744 IL Secretary of State PC - 19194 2018 Renewal of Vehicle Registration K863743 Squad #8 101.00 577 6115 Licensing/Titles 1744 IL Secretary of State PC - 19195 Processing Fee-2018 Veh. Reg. Renewal Squad #8 2.37 578 6115 Licensing/Titles 1744 IL Secretary of State PC - 19218 Processing Fee-2018 Veh. Reg. Renewal Squad #2 2.37 579 6115 Licensing/Titles 1744 IL Secretary of State PC - 19220 2018 Renewal of Vehicle Registration N278632 Squad #2 101.00 580 6115 Licensing/Titles 1744 IL Secretary of State PC - 19221 2018 Renewal of Vehicle Registration N278856 Squad #3 101.00 581 6115 Licensing/Titles 1744 IL Secretary of State PC - 19223 Processing Fee-2018 Veh. Reg. Renewal Squad #3 2.37 582 6195 Miscellaneous Contractual Services 5010 Petsmart Inc PC - 19261 Fee for K9 Bane Wash 2/1/2018 20.00 583 7200 Other Supplies 5065 Pet Supplies Plus PC - 19163 Food for K9 Bane 2/26/2018 54.98 584 7200 Other Supplies 7186 Bentley's Pet Stuff-SC PC - 19191 Food for K9 Jager 2/15/2018 94.99 585 7200 Other Supplies 5065 Pet Supplies Plus PC - 19199 Food for K9 Bane 2/12/2018 54.98 535.06 655.02 586 5310 Membership Dues 4311 123SignUp PC - 19157 Split - IAFSM City Membership 5/1/17-4/30/18 (10.42%) 50.00 587 5310 Membership Dues 4311 123SignUp PC - 19212 Split - IAFSM Membership 5/1/17-4/30/18-Asst Dir Eng (11.9%) 50.00 588 5310 Membership Dues 4311 123SignUp PC - 19214 Split - IAFSM Membership 5/1/17-4/30/18-Civil Eng (11.9%) 50.00 589 5325 Training 4311 123SignUp PC - 19158 Split - IAFSM Conf 3/14- 3/15/18 Dir PW/ENG (89.58%) 430.00 590 5325 Training 4311 123SignUp PC - 19213 Split - IAFSM Conf 3/14- 3/15/18-Asst Dir Eng (88.1%) 370.00 Fund: 500 - Water/Sewer Fund Division: 510 - Engineering Total 2640 - Forfeit Total 260 - Asset Seizure Fund Program: 2640 - Forfeit Page 39 of 41 Line #Vendor Invoice Invoice Description Amount Bank of America City of Des Plaines Warrant Register 04/02/2018 Account 591 5325 Training 4311 123SignUp PC - 19215 Split - IAFSM Annual Conf 3/14-3/15/18-Civil Eng (88.1%) 370.00 1,320.00 592 5310 Membership Dues 1576 Illinois Section American Water Works Association PC - 19180 AWWA Membership-2 Maint Oprs 2/28/18-2/28/19 166.00 593 7200 Other Supplies 1821 U-Haul of America PC - 19185 Refill Propane Tanks & Dispose of Expired Tanks- Water #9044 89.80 594 7320 Equipment < $5,000 4348 Amazon.Com PC - 19174 UPS and Storage Drive for SCADA 280.96 595 7320 Equipment < $5,000 4348 Amazon.Com PC - 19205 USB Adapter and 2 Display Adapters for SCADA 105.88 642.64 1,962.64 13,684.21Grand Total Division: 550 - Water Systems Total 550 - Water Systems Total 500 - Water/Sewer Fund Total 510 - Engineering Page 40 of 41 Amount Transfer Date Automated Accounts Payable 776,687.16$ **4/2/2018 Manual Checks 65,059.59$ **3/16/2018 Payroll 1,259,351.58$ 3/16/2018 -$ Electronic Transfer Activity: Bank of America Credit Card 13,684.21$ **3/20/2018 Chicago Water Bill ACH 211,527.36$ 3/30/2018 Postage Meter Direct Debits 6,278.09$ *3/16/2018 Utility Billing Refunds -$ First Merit Bank Fees 135.10$ 3/15/2018 IMRF Payments -$ FEMA Buyouts -$ Employee Medical Trust -$ Total Cash Disbursements:2,332,723.09$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Second Day of April 2018 Ayes ______ Nays _______ Absent _______ Jennifer L. Tsalapatanis, City Clerk Matthew J. Bogusz, Mayor City of Des Plaines Warrant Register 04/02/2018 Summary RHS Payout Page 41 of 41 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 14, 2018 To: Michael G. Bartholomew, MCP, LEED AP, City Manager From: Michael McMahon, Community and Economic Development Director Johanna Bye, AICP, Senior Planner Subject: Final Plat of Subdivision and Subdivision Variation for 1405 Oxford Road, 18-004-SUB-V (3rd Ward) Issue: The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation, under Section 13- 2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for lot depths less than 125 feet. Variation Report Analysis: Address: 1405 Oxford Road Owner: Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Petitioner: Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Case Number: 18-004-SUB-V Real Estate Index Number: 09-19-405-001-0000 Ward: #3, Alderman Denise Rodd Existing Zoning R-1 Single-Family Residential Existing Land Use Residential Surrounding Zoning North: M-3 Special Manufacturing MEMORANDUM Page 1 of 27 South: R-1 Single-Family Residential East: R-1 Single-Family Residential West: R-1 Single-Family Residential Surrounding Land Use North: Industrial South: Residential East: Residential West: Residential Street Classification The Comprehensive Plan designates Oxford Road as a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The applicant, Caan Homes, LLC, proposes to subdivide a single lot in the R-1 Single-Family Residential District into three lots. The existing 21,987 square- foot lot has a frontage on both Oxford Road and Forest Avenue. If subdivided, the applicant is proposing to construct a new single-family home facing Forest Avenue on each lot. Lot 1 will have a width of a 70.00 feet and an area of 8,237 square feet, Lot 2 will have a width of 62.03 feet and an area of 6,875 square feet, and Lot 3 will have a width of 60.35 feet and an area of 6,875 square feet. All three lots meet the required area and width zoning regulations for interior and corner lots in the R-1 Single-Family Residential District, as listed in Section 12-7-2(J) of the Zoning Ordinance. However, the City’s Subdivision Code (Section 13-2-5(R)) requires lots to have a depth of at least 125 feet. The proposed lots have depths between 109.40 and 115.61 feet and do not meet this regulation. Per Section 13-2-6 of the Subdivision Code, the Planning and Zoning Board has the authority to recommend variations from subdivision regulations, so long as the variations do not alter the requirements of the Zoning Code. In this case, all other zoning regulations for the R-1 Single-Family Residential District have been met and no other variations are requested. There is currently a single-family home and a detached garage on the property. The petitioner proposes to tear down this home in order to construct the three new ones. Redevelopment of this property can aid in the revitalization of the neighborhood. Note that one of the objectives for land use and development from the 2007 City of Des Plaines Comprehensive Plan is to protect the integrity and high quality of single-family residential neighborhoods throughout Des Plaines. Subdivision Variation Findings Subdivision Variation requests are subject to the standards set forth in Section 13-2-6(B) of the City of Des Plaines Municipal Code. They are not subject to the standards set forth in Section 12-3-6(H) of the Zoning Ordinance for Zoning Variations. In reviewing these standards, staff has the following comments: 1. That there are no special circumstances or conditions affecting said property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Comment: Despite the lots not being more than 125 feet deep, they still meet the required lot widths and areas for corner and interior lots and can still be developed with single-family homes that meet all Page 2 of 27 required zoning regulations for the district, including setbacks and building coverage. Denial of the Subdivision Variation would mean that the property owner cannot develop the subject lot with three new homes, despite meeting all zoning regulations. The existing lot was legally platted and at half an acre in size, much larger than required by code. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Comment: The petitioner proposes to develop three lots per all zoning regulations for the R-1 Single- Family Residential District, and is not requesting to deviate from the required lot widths and areas for corner and interior lots. Denial of the Subdivision Variation would mean that the property owner cannot develop the subject lot, despite meeting all zoning regulations. It appears that other lots through the neighborhood have been developed on lots that have depths less than 125 feet, including the following: 510 E. Oakton Street, 520 Lincoln Avenue, 583 Forest Avenue, and the neighboring property at 515 Forest Avenue (see Attachment 6). Despite the lots not being more than 125 feet deep, they can still be developed with single-family homes that meet all required zoning regulations for the district. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. Comment: The petitioner proposes to develop the lots with single-family homes, just as the rest of the neighborhood has been developed. Despite the lots not being more than 125 feet deep, they can still be developed with single-family homes that meet all required zoning regulations for the district, including setbacks and building coverage. As the lot widths proposed are greater than the lot widths required for the zoning district, from the street, the proposed lots will look no different than other lots throughout the neighborhood. The lot cannot be subdivided in the opposite direction (two lots facing Oxford Road), as the lots would not meet the minimum required lot width. Final Plat of Subdivision Report Name of Subdivision: Caan Homes Development Subdivision Address: 1405 Oxford Road Request: Approval of Tentative and Final Plat of Subdivision Total Acreage of Subdivision: 21,987 square feet (0.50 acres) Lot Descriptions and Construction Plans: The petitioner’s Final Plat of Subdivision shows the existing 21,987 square-foot lot being subdivided into three lots with areas of 8,237 square feet (Lot 1), 6,875 square feet (Lot 2), and 6,875 square feet (Lot 3). The Final Plat of Subdivision shows 5- and 10-foot public utility easements along the side and rear property lines of the lots. A 30-foot building line along the west property line of Lot 1 and a 15-foot building along the front (north) property lines of all lots are shown as well. These are original subdivision regulations that still apply to the lots, even the case of a re-subdivision. Note that while the subdivision regulation requires a 15-foot building setback along the front property line, the Zoning Ordinance requires 25 feet. All future homes constructed are required to abide Page 3 of 27 by the more restrictive regulation (25-foot setback). Planning and Zoning Board Review: The Planning and Zoning Board met on March 13, 2018 to consider the Tentative and Final Plat of Subdivision and Subdivision Variation for 1405 Oxford Road. The petitioner presented the proposal for three new lots. He stated that each lot would meet the required lot width and area for lots in the R-1 Single-Family Residential District; however, a Subdivision Variation is needed for the lot depth, as less than 125 feet is proposed for each lot. He stated that the proposed new homes would meet all zoning regulations (setbacks, building coverage, etc.) for the zoning district. The Community and Economic Development Department recommended approval of the subdivision and variation. Zoning code variations and subdivision variations have different standards, and the proposed lots meet all zoning requirements for the zoning district. No members of the public spoke in either support or opposition of the proposal. The Planning and Zoning Board, after having heard and fully considering the evidence, recommended (7-0) that the City Council approve the Final Plat of Subdivision and Subdivision Variation at 1405 Oxford Road. Recommendations: I recommend approval of Ordinance Z - 7 - 18 Approving a Tentative and Final Plat of Subdivision for 1405 Oxford Road and a Variation from Section 13-2-5.R of the City of Des Plaines Subdivision Regulations with the following conditions: 1. Prior to recording the Final Plat of Subdivision, a grading and drainage plan is approved by the Director of Public Works and Engineering that would include storm sewer construction to drain the proposed lots both in the rear yards and within the Forest Avenue right of way and a surety is posted to guarantee the improvements are constructed. 2. Prior to Building Permit issuance, the Director of Public Works and Engineering’s review comments of January 21, 2018 are satisfied. Pursuant to Section 13-2-8 of the Subdivision Regulations, the City Council has the authority to approve, approve with modifications, or disapprove the applications. It is requested that this item be placed on the Committee of the Whole agenda at the April 2, 2018 City Council meeting. JB/jb Attachments: Attachment 1: Subdivision Application Attachment 2: Location Map Attachment 3: Site and Context Photos Attachment 4: Plat of Survey Attachment 5: Letter from Planning & Zoning Board to the Mayor Attachment 6: Minutes of the March 13, 2018 Planning & Zoning Board hearing Attachment 7: Ordinance Z - 7 - 18 Approving a Tentative and Final Plat of Subdivision for 1405 Oxford Road and a Variation from Section 13-2-5.R of the City of Des Plaines Subdivision Regulations. Exhibit A: Plat of Caan Homes Development Subdivision dated February 28, 2018 and prepared by Central Survey LLC. Page 4 of 27 Attachment 1Attachment 1 Page 5 of 27 Attachment 1Attachment 1 Page 6 of 27 Attachment 1 Page 7 of 27 Attachment 1 Page 8 of 27 Attachment 1 Page 9 of 27 Attachment 1 Page 10 of 27 M-3 R-1 R-1R-1 M-2 Attachment 2Attachment 2 Page 11 of 27 1405 Oxford – Public Notice 1405 Oxford – Looking South at Rear of Existing Lot 1405 Oxford – Looking East at Existing Home 1405 Oxford – Looking North from Rear of Existing Lot At t a c h m e n t 3 Pa g e 1 2 o f 2 7 Attachment 4 Page 13 of 27 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org March 14, 2018 Mayor Bogusz and Des Plaines City Council CITY OF DES PLAINES Subject: Planning and Zoning Board, 1405 Oxford Road, 18-004-SUB-V, 3rd Ward RE: Consideration of Final Plat of Subdivision and Subdivision Variation at 1405 Oxford Road Honorable Mayor and Members of the Des Plaines City Council: The Planning and Zoning Board met on March 13, 2018 to consider a Tentative and Final Plat of Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation, under Section 13-2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for lot depths less than 125 feet, at 1405 Oxford Road. 1. The petitioner presented the proposal for three new lots. He stated that each lot would meet the required lot width and area for lots in the R-1 Single-Family Residential District; however, a Subdivision Variation is needed for the lot depth. He stated that the proposed new homes would meet all zoning regulations (setbacks, building coverage, etc.) for the zoning district. 2. The Community and Economic Development Department recommended approval of the subdivision and variation. Staff clarified that the variation is from the Subdivision Code, not the Zoning Code. 3. No members of the public spoke in either support or opposition of the proposal. 4. The Planning and Zoning Board recommended (7-0) that the City Council approve the Final Plat of Subdivision and Subdivision Variation at 1405 Oxford Road. Respectfully submitted, James Szabo, Des Plaines Planning and Zoning Board, Chairman Cc: City Officials Aldermen Attachment 5 Page 14 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING MARCH 13, 2018 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, March 13, 2018, at 7 p.m. in Room 102 of the Des Plaines Civic Center. ZONING BOARD PRESENT: Bader, Catalano,Fowler, Hofherr, Saletnik Schell, Szabo ALSO PRESENT: Johanna Bye, AICP, Senior Planner/Community & Economic Development Gale Cerabona/Recording Secretary Chairman Szabo called the meeting to order at 7:03 p.m. and read this evening’s cases. Roll call was conducted. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Fowler, to approve the minutes of February 27, 2018, as presented. AYES: Bader, Fowler, Hofherr, Schell, Szabo NAYES: None ABSTAIN: Catalano, Saletnik ***MOTION CARRIED UNANIMOUSLY*** PUBLIC COMMENT There was no Public Comment. PUBLIC HEARING NEW BUSINESS 1. Address: 1405 Oxford Road Case 18-004-SUB-V The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of three lots from a single lot in the R-1 Single Family Residential District, and a Standard Variation, Attachment 6 Page 15 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 2 under Section 13-2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for lot depths less than 125 feet. PIN: 09-19-405-001-0000 Petitioner: Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Owner: Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Chairman Szabo swore in Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL, who advised the plan is to build three single-family residential homes. The first would be a model home; all roughly 2,500-3,000 sq. ft. The lot depth is not 125 ft. which requires a subdivision variation. Chairman Szabo asked if Petitioner has spoken to the neighbors. Mr. Hardy advised he has, and they support brand-new construction with a price point that would increase their property values. Chairman Szabo asked if the Board has any questions. There was none. He asked Staff to provide the Staff Report that Senior Planner Bye did: Issue: The petitioner is requesting a Tentative and Final Plat of Subdivision, under Section 13-2-5 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for the creation of three lots from a single lot in the R-1 Single Family Residential District, and a Subdivision Variation, under Section 13-2-6 of Subdivision Regulations of the City of Des Plaines Municipal Code, to allow for lot depths less than 125 feet. Variation Report Analysis: Address: 1405 Oxford Road Owner: Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Petitioner: Jason Hardy, Caan Homes, LLC, 70 S. Cumberland Parkway, Des Plaines, IL 60016 Case Number: 18-004-SUB-V Real Estate Index Number: 09-19-405-001-0000 Ward: #3, Alderman Denise Rodd Attachment 6 Page 16 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 3 Existing Zoning R-1 Single-Family Residential Existing Land Use Residential Surrounding Zoning North: M-3 Special Manufacturing South: R-1 Single-Family Residential East: R-1 Single-Family Residential West: R-1 Single-Family Residential Surrounding Land Use North: Industrial South: Residential East: Residential West: Residential Street Classification The Comprehensive Plan designates Oxford Road as a local street Comprehensive Plan Residential – Traditional Single Family is the recommended use of the property Project Description The applicant, Caan Homes, LLC, proposes to subdivide a single lot in the R-1 Single-Family Residential District into three lots. The existing 21,987 square-foot lot has a frontage on both Oxford Road and Forest Avenue. If subdivided, the applicant is proposing to construct a new single-family home facing Forest Avenue on each lot. Lot 1 will have a width of a 70.00 feet and an area of 8,237 square feet, Lot 2 will have a width of 62.03 feet and an area of 6,875 square feet, and Lot 3 will have a width of 60.35 feet and an area of 6,875 square feet. All three lots meet the required area and width zoning regulations for interior and corner lots in the R-1 Single-Family Residential District, as listed in Section 12-7-2(J) of the Zoning Ordinance. However, the City’s Subdivision Code (Section 13-2- 5(R)) requires lots to have a depth of at least 125 feet. The proposed lots have depths between 109.40 and 115.61 feet and do not meet this regulation. Per Section 13-2-6 of the Subdivision Code, the Planning and Zoning Board has the authority to recommend variations from subdivision regulations, so long as the variations do not alter the requirements of the Zoning Code. In this case, all other zoning regulations for the R-1 Single-Family Attachment 6 Page 17 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 4 Residential District have been met and no other variations are requested. There is currently a single-family home and a detached garage on the property. The petitioner proposes to tear down this home in order to construct the three new ones. Redevelopment of this property can aid in the revitalization of the neighborhood. Note that one of the objectives for land use and development from the 2007 City of Des Plaines Comprehensive Plan is to protect the integrity and high quality of single-family residential neighborhoods throughout Des Plaines. Subdivision Variation Findings Subdivision Variation requests are subject to the standards set forth in Section 13-2-6(B) of the City of Des Plaines Municipal Code. They are not subject to the standards set forth in Section 12- 3-6(H) of the Zoning Ordinance for Zoning Variations. In reviewing these standards, staff has the following comments: 1. That there are no special circumstances or conditions affecting said property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land. Comment: Despite the lots not being more than 125 feet deep, they still meet the required lot widths and areas for corner and interior lots and can still be developed with single-family homes that meet all required zoning regulations for the district, including setbacks and building coverage. Denial of the Subdivision Variation would mean that the property owner cannot develop the subject lot with three new homes, despite meeting all zoning regulations. The existing lot was legally platted and at half an acre in size, much larger than required by code. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. Comment: The petitioner proposes to develop three lots per all zoning regulations for the R-1 Single-Family Residential District, and is not requesting to deviate from the required lot widths and areas for corner and interior lots. Denial of the Subdivision Variation would mean that the property owner cannot develop the subject lot, despite meeting all zoning regulations. It appears that other lots through the neighborhood have been developed on lots that have depths less than 125 feet, including the following: 510 E. Oakton Street, 520 Lincoln Avenue, 583 Forest Avenue, and the neighboring property at 515 Forest Avenue (see Attachment 6). Despite the lots not Attachment 6 Page 18 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 5 being more than 125 feet deep, they can still be developed with single-family homes that meet all required zoning regulations for the district. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. Comment: The petitioner proposes to develop the lots with single-family homes, just as the rest of the neighborhood has been developed. Despite the lots not being more than 125 feet deep, they can still be developed with single-family homes that meet all required zoning regulations for the district, including setbacks and building coverage. As the lot widths proposed are greater than the lot widths required for the zoning district, from the street, the proposed lots will look no different than other lots throughout the neighborhood. The lot cannot be subdivided in the opposite direction (two lots facing Oxford Road), as the lots would not meet the minimum required lot width. Final Plat of Subdivision Report Name of Subdivision: Caan Homes Development Subdivision Address: 1405 Oxford Road Request: Approval of Tentative and Final Plat of Subdivision Total Acreage of Subdivision: 21,987 square feet (0.50 acres) Lot Descriptions and Construction Plans: The petitioner’s Final Plat of Subdivision shows the existing 21,987 square-foot lot being subdivided into three lots with areas of 8,237 square feet (Lot 1), 6,875 square feet (Lot 2), and 6,875 square feet (Lot 3). The Final Plat of Subdivision shows 5- and 10- foot public utility easements along the side and rear property lines of the lots. A 30-foot building line along the west property line of Lot 1 and a 15-foot building along the front (north) property lines of all lots are shown as well. These are original subdivision regulations that still apply to the lots, even the case of a re-subdivision. Please note that while the subdivision regulation requires a 15-foot building setback along the front property line, the Zoning Ordinance requires 25 feet. All future homes constructed are required to abide by the more restrictive regulation (25-foot setback). Final Comments Staff Recommendation: I recommend approval of the requested Final Plat of Subdivision and Subdivision Variation from Section 13-2-6 of the Subdivision Regulations of the City of Des Plaines Municipal Code to allow for the creation of three lots at 1405 Oxford Road with lot depths less Attachment 6 Page 19 of 27 Case #18-004-SUB-V 1405 Oxford – Tentative, Final Plat of Subdivision, & Variations Case#18-009-V 1700 Higgins – Variation March 13, 2018 Page 6 than 125 feet. Though a variation from the Subdivision Code is required for the lot depth, the proposed lots still meet the required lot width and area for the R-1 Single-Family Residential District. Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to approve, approve with modifications, or disapprove the Subdivision Variation. The Planning and Zoning Board has final authority over the Subdivision Variation. Board Member Hofherr asked Petitioner: • when he expects to perform this project. Mr. Hardy advised they would break ground on Lot 3 as soon as they receive approval. • if the corner house would be removed. Mr. Hardy replied in the affirmative. • if the house is occupied. Mr. Hardy replied it is not. Board Member Catalano asked if Petitioner plans to live there. Mr. Hardy stated he does not. Chairman Szabo asked if anyone in the audience is in favor or opposed to this proposal. No one responded. Senior Planner Bye stated the final authority over the proposal is with City Council. A motion was made by Board Member Schell, seconded by Board Member Catalano, to recommend approval for a Tentative & Final Plat of Subdivision. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** A motion was made by Board Member Schell, seconded by Board Member Hofherr, to recommend approval for the Subdivision Variation. AYES: Bader, Catalano, Fowler, Hofherr, Saletnik Schell, Szabo NAYES: None ***MOTION CARRIED UNANIMOUSLY*** Chairman Szabo advised a recommendation for these approvals would be submitted to City Council. 2. Address: 1700 Higgins Road Case 18-009-V The petitioner is requesting a Standard Variation from Section 12-11-6(B) of the 1998 Des Plaines Zoning Ordinance, as amended, to allow a monument sign with a setback of 10 feet from the front property line, when 20 feet is required, based on the height of the sign (10 feet). Attachment 6 Page 20 of 27 1 CITY OF DES PLAINES ORDINANCE Z - 7 - 18 AN ORDINANCE APPROVING A TENTATIVE AND FINAL PLAT OF SUBDIVISION FOR 1405 OXFORD ROAD AND A VARIATION FROM SECTION 13-2-5.R OF THE CITY OF DES PLAINES SUBDIVISION REGULATIONS (CASE #17- 011). ________________________ WHEREAS, Caan Homes, LLC (“Owner”) is the owner of the property consisting of 0.50 acres and commonly known as 1405 Oxford Road, Des Plaines, Illinois (“Subject Property”); and WHEREAS, the Subject Property is located in the R-1 Single Family Residential District of the City and is currently improved with a single-family home and a detached garage; and WHEREAS, Owner desires to subdivide the Subject Property into three lots of record, with lot areas ranging from 6,875 square feet to 8,237 square feet and lot depths ranging from 109.4 feet to 115.61 feet (“Subdivision”); and WHEREAS, the City’s subdivision regulations are set forth in Title 13 of the City Code of the City of Des Plaines, as amended (“Subdivision Regulations"); and WHEREAS, Section 13-2-5.R of the Subdivision Regulations requires that all lots resulting from subdivision have a minimum lot depth of 125 feet; and WHEREAS, Jason Hardy (“Petitioner”), on behalf of Owner, submitted an application to the City of Des Plaines Department of Community and Economic Development (“Department”) for the Subdivision; and WHEREAS, pursuant to Section 13-2-6 of the Subdivision Regulations, Petitioner also submitted an application to the Department for a variation from Section 13-2-5.R of the Subdivision Regulations to reduce the minimum lot depth required for the Subdivision from 125 feet to 109.40 feet for “Lot 1”, 112.54 feet for “Lot 2”, and 115.61 feet for “Lot 3” (collectively, the “Variation”); and WHEREAS, Petitioner's applications for the Subdivision and the Variation were referred by the Department, within 15 days after its receipt, to the Planning and Zoning Board of the City of Des Plaines ("PZB"); and WHEREAS, within 90 days after the date of Petitioner's applications, a public hearing was held by the PZB on March 13, 2018, pursuant to publication of notice in the Des Plaines Journal on February 21, 2018; and WHEREAS, notice of the public hearing was mailed to all owners of property located within 300 feet of the Subject Property; and Attachment 7 Page 21 of 27 2 WHEREAS, during the public hearing, the PZB heard competent testimony and received evidence with respect to Petitioner's applications for the Subdivision and Variation; and WHEREAS, on March 14, 2018, the PZB filed a written report with the City Council summarizing the testimony received by the PZB and stating that the PZB’s motion to recommend approval of the Subdivision and Variation passed by a vote of 7-0; and WHEREAS, Petitioner made representations to the PZB with respect to the requested Variation, which representations are hereby found by the City Council to be material and upon which the City Council relies in granting the Subdivision and Variation subject to certain terms and conditions; and WHEREAS, the City Council has studied the written report of the PZB, the applicable standards set forth in the Subdivision Regulations, and the Staff Memorandum dated March 14, 2018, 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 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 part of the factual basis for this Ordinance granting the Variations. SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject Property is legally described as follows: LOT 14 IN BLOCK 2 IN HOMELAND ACRES BEING A SUBDIVISION OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 12 EACH OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 1, 1944, AS DOCUMENT NUMBER 1338820, IN COOK COUNTY, ILLINOIS. Permanent Index No.: 09-19-405-001-0000 SECTION 3: APPROVAL OF FINAL PLAT. The City Council hereby approves the Final Plat for the Subject Property, titled “Caan Homes Development Subdivision,” prepared by Central Survey, LLC, consisting of one sheet, and with a latest revision date of February 28, 2018 Attachment 7 Page 22 of 27 3 for the Subject Property, a copy of which is attached hereto and made a part hereof as Exhibit A (“Final Plat”). The City Council authorizes the Mayor to sign, and the City Clerk to attest and seal, with the corporate seal of the City of Des Plaines, the Final Plat. SECTION 4: RECORDATION OF FINAL PLAT. Subject to the satisfaction of the conditions set forth in Section 6 of this Ordinance, City Council hereby authorizes and directs the City Clerk to cause the executed and sealed Final Plat to be recorded with the office of the Cook County Recorder of Deeds any time after the Effective Date of this Ordinance and the execution of the Final Plat by all other necessary parties and agencies. SECTION 5. VARIATION. Pursuant to the City’s home rule power, the City Council finds that the Variation satisfies the standards set forth in Section 13-2-6 of the Subdivision Regulations, finds that the Variation is otherwise necessary and appropriate, and hereby grants the Variation for the Subject Property to the Petitioner. SECTION 6. CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Zoning Ordinance and the Subdivision Ordinance, and any other rights that the Owner may have, the approvals granted in Sections 3 and 5 of this Ordinance are subject to and contingent upon compliance with each and all of the following conditions, restrictions, limitations, and provisions: A. Compliance with Law and Regulations. The development, use, operation, and maintenance of the Subject Property must comply with all applicable City codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. B. Storm Water Drainage and Detention Easement. A drainage and detention easement allowing for the construction and shared maintenance of a private storm water drainage Attachment 7 Page 23 of 27 4 improvement for all three lots to be created by the subdivision approved herein shall be added to the Final Plat prior to recordation in substantially the form attached to, and by this reference made a part of, this Ordinance as Exhibit B. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval according to law. [SIGNATURE PAGE FOLLOWS] Attachment 7 Page 24 of 27 5 PASSED this _____day of ____________, 2018. APPROVED this _____ day of ____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT ______ MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: ______ day of ________________, 2018. CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Tentative and Final Plat of Subdivision 1405 Oxford Road. Page 25 of 27 State of Illinois ) ) S.S. County of Cook ) I, ____________________________, a notary public in and for the said County in the State aforesaid, do hereby certify that ______________________________________, personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this ______ day of ___________________, 20 ______. ____________________________________________________________________________ Notary Public My Commission Expires: _______________________________________________________ Caan Homes, LLC, a corporation in the State of Illinois, owner of the property shown and described hereon hereby adopt this plat of subdivision; establish the minimum building restriction lines, dedicates the roads streets, alleys, walks and other areas indicated thereon to the public use and establishes any other easements shown hereon. corporate seal to be hereon affixed this ______ day of _________________, 20 _____. BY: _________________________________________________ TITLE: _______________________________________________ ATTEST: ______________________________________________ TITLE: _______________________________________________ 81.76'R a d = 2 5 .0 'C h o r d = 3 4 .3 6 ' @ N 4 3 °3 2 '4 0 " E37.8 8 'Re c & Meas = 2 00.26 ' @ N 8 7°05'2 0" E54.18'62.03'60.35'S 0° 00'00" W 115.61' 60.27'61.95' Rec & Meas = 200.0' @ S 89°59'31" W 77.78' R e c & M e a s A r c =R e c & M e a s =R e c & M e a s =15 Ft. Building Line30 Ft. Building Line 10 Ft. Grading, Drainage & Public Utility EasementRec & Meas = 105.46' @ N 0°00'0" EOxford Road F or es t Av e nu e 5 Ft. Grading, Drainage & Public Utility Easement 109.40'112.54'(Heretofore Dedicated 66 ft. Public Right-of-Way)(Heretofore Dedicated 66 ft. Public Right-of-Way)5 Ft. Grading, Drainage & Public Utility Easement5 Ft. Grading, Drainage & Public Utility Easement5 Ft. Grading, Drainage & Public Utility Easement5 Ft. Grading, Drainage & Public Utility Easement This professional service conforms to current Illinois minimum standards for a boundary survey. m Lot 14 in Block 2 in Homeland Acres, being a Subdivision of the Southwest ¼ of the Southeast ¼ of Section 19, Township 41 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois ProfessionalLandSurveyor 2190 State of Illinois W i l l i a R. W e b b C h i cago,I l I i n o i s 09-19-405-001-0000 Scale: 1" = 15'0'15'30' To the best of our knowledge and belief, the drainage of surface waters will not be changed by the construction of this subdivision or any part thereof, or, if such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such surface waters into public areas, or drains which the owner has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of this subdivision. OWNER REGISTERED PROFESSIONAL ENGINEER ____________________________________________ ____________________________________________ Name: ______________________________________ Name: _______________________________________ Date: _______________________________________ Firm: ________________________________________ Date: ________________________________________ Dated this 11th Day of December 2017 ofContaining 8,237 Sq. Ft.Lot 1 Lot 2 Containing 6,875 Sq. Ft.Lot 3Caan Homes Development Subdivision Legend Cook County Permanent Identification numbers (PINs) N. = North S. = South E. = East W. = West (TYP) = Typical Rec = Record Meas = Measure St. = Street Ave. = Avenue Central Survey LLCPlat of Subdivision Scale: 1 Inch Equals 15 Feet. Ordered By: Caan Homes LLC . Order Number: 1405 . Assume no dimension from scaling upon this plat. Compare all points before building and report any difference at once. For building restrictions refer to you abstract, deed, contract and local ordinances by 6415 N. Caldwell Ave., Chicago, Illinois 60646-2713 Containing 6,875 Sq. Ft.Found Iron Pipe 0.07' S. & 0.48' E. ofIntersection of Property Lines Extended Found Iron Pipe @ Corner Found Iron Pipe 0.06' S. & 0.11' W. Found Iron Pipe 0.58' S. & 0.22' E. City of Des Plaines Department of Community Development 1420 Miner Street, Room 301 Des Plaines, Illinois 60016 Return Plat Mylar to:Tax Bill Recipent: Phone (773) 631-5285 www.Centralsurvey.com Fax (773) 775-2071 REVISIONS DATENO.DESCRIPTION 1 02-28-2018 Certificates were revised as necessary and easements added Jaason Hardy 70 S. Cumberland Pkwy Des Plaines, Illinois 60016 William R. Webb P.L.S. #2190 (expires 11/30/2018) Professional Design Firm Land Surveying Corporation (License #184-004113) Approved by the Mayor and City Council of the City of Des Plaines, Illinois, on this ____ day of _______________, 20 _____. Mayor: _________________________________________ Attest: _________________________________________ State of Illinois ) ) S.S. County of Cook ) I, William R. Webb, hereby certify certify that I have prepared the plat shown hereon and that it is correct; the iron pipes and concrete monuments have been placed in the ground as indicated hereon, in accordance with Subdivision Regulations of the Des Plaines City Code; that the property is within the corporate limits of the City of Des Plaines or within 1½ miles of the corporate limits of the City of Des Plaines, which has adopted an official comprehensive plan; that the property is not within a Special Flood Hazard Area, as identified by the Federal Emergency Management Agency on the most recent Flood Insurance Rate Map Panel 0218J of 832, Community Panel No. 170081. MAYOR NOTARY SEAL LAND SURVEYORS CERTIFICATE PROPERTY OWNERS CERTIFICATE DRAINAGE CERTIFICATE Approved by the Planning and Zoning Board of the City of Des Plaines, Illinois on this ____ day of _______________, 20 _____. ______________________________________________ Chairman PLANNING AND ZONING BOARD I certify that there are no delinquint of current unpaid special assessments on the property shown on this plat. Date: __________________________________________ _______________________________________________ Director of Finance DIRECTOR OF FINANCE Approved by the City Engineer of the City of Des Plaines, Illinois on this ____ day of _______________, 20 _____. ______________________________________________ City Engineer CITY ENGINEER Exhibit A P a g e 2 6 o f 2 7 7 EXHIBIT B STORM WATER DRAINAGE EASEMENT LANGUAGE To be inserted onto the Final Plat prior to recordation: RESTRICTIVE COVENANTS AND EASEMENT FOR STORM WATER DETENTION AND DRAINAGE AREA 1. The area of the property designated on this plat as “Storm Water Detention and Drainage Area” shall be continuously maintained in a first rate manner by owners of Lots 1, 2, and 3 (the “Drainage Area Lots”) and an easement on, under and above the Storm Water Detention and Drainage Area is hereby granted to, and for the use and benefit of, all of the lots in this subdivision for the sole purpose of storm water detention and drainage. 2. No change shall be made in the finished grade of the land within the Storm Water Detention and Drainage Area, nor shall any construction of any kind whatsoever be erected or permitted to exist within the Storm Water Detention and Drainage Area that might materially impede storm water drainage therein or materially reduce the storm water detention capacity thereof. Trees, shrubs, fences and normal landscape planting shall be permitted within the Storm Water Detention and Drainage Area only with the prior written approval of the City Manager of the City of Des Plaines, Cook County, Illinois (the “City”). Each owner of a Drainage Area Lot shall maintain a grass cover on the surface of that portion of his lot located within the Storm Water Detention and Drainage Area and shall keep such grass in a neat and trimmed condition. 3. In the event the City determines, in its sole and absolute discretion, that prior maintenance of the Storm Water Detention and Drainage Area is not performed at any time, the City, after ten (10) days prior written notice to the owners of the Drainage Area Lots, may, but shall not be obligated to, enter upon any or all of the Drainage Area Lots for the purpose of performing maintenance work on and to the Storm Water Detention and Drainage Area. 4. In the event that the City shall cause to be performed any work pursuant to these paragraphs, the City shall have the right to charge the owners of the Drainage Area Lots an amount sufficient to defray the entire cost of such work or action, including administrative costs, either before or after such cost is incurred. If the amount so charged is not paid by the owners of the Drainage Area Lots within thirty (30) days following a demand in writing by the City for such payment, such charge, together with interest and costs of collection, shall become a lien upon the Drainage Area Lots and the City shall have the right to collect such charge, with interest and costs, and to enforce such lien as in foreclosure proceedings as permitted by law. 5. Nothing in these paragraphs shall be construed to constitute a dedication of any portion of the Storm Water Detention and Drainage Area or of the Drainage Area Lots to, or an acceptance thereof by, the City. 6. The City shall be under no obligation to exercise the rights granted in these paragraphs except as it shall determine to be in its best interest. No failure to exercise at any time any right herein granted to the City shall be construed as a waiver of that or any other rights. 7. These covenants shall run with the land in the subdivision shown on this plat, and shall be binding upon and inure to the benefit of the owners of all lots of record therein, their respective successors, assigns and grantees and all parties claiming by, through and under them. Enforcement of these covenants may be sought by the owners of any lots of record in this subdivision, any person with an interest in any of said lots of record, or the City of Des Plaines by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation, to compel affirmative action, or to recover damages, and against the land to enforce any lien created by these covenants. Page 27 of 27 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: March 20, 2018 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager Michael McMahon, Community and Economic Development Director From: Patrick Ainsworth, Economic Development Coordinator Subject: Class 6b Resolution Amendment Requests for 100 E Howard Ave. (5th Ward), 1794 S Winthrop Dr. (5th Ward) and 2392 S Wolf Rd. (5th Ward) Issue: Cook County recently enacted new requirements for their property tax incentive application where specific language has to be in the resolutions from the municipality supporting and consenting to property tax incentives such as Class 6bs. As such, there are three resolutions that were formerly approved by City Council which need to be amended to reflect these new requirements. Analysis: The properties at 100 E. Howard Ave., 1794 S Winthrop Dr. and 2392 S Wolf Rd. individually came before the City Council in 2017 requesting support of their individual Cook County Class 6b Incentive applications. In 2017, Cook County amended their Ordinance requiring the municipality to insert specific language into each resolution. The specific language required in each resolution acknowledges that the applicant has filed an Economic Disclosure Statement with the municipality as part of their application. The specific criteria that needs to be disclosed in the Economic Disclosure Statement includes a list of all property the applicant owns in Cook County, acknowledgement that all their Cook County properties are not delinquent in taxes and a disclosure of the ownership structure. Additionally, the updated Cook County Ordinance requires the supporting resolution to contain language identifying the specific type of incentive eligibility being applied under the property tax incentives application. The eligibility criteria generally includes: new construction, substantial rehabilitation, special circumstance and vacancy. There are three new resolutions attached that contain the new required language. Recommendation: I recommend approval to amend the Resolutions Supporting and Consenting to the Class 6b applications for 100 E. Howard Ave., 1794 S Winthrop Dr. and 2392 S Wolf Rd. Attachments: Attachment 1: Adopted Resolution R-69-17, Supporting a 6b Application for 100 E Howard Ave. Attachment 2: Adopted Resolution R-138-17, Supporting a 6b Application for 2392 S Wolf Rd. Attachment 3: Adopted Resolution R-180-17, Supporting a 6b Application for 1794 S Winthrop Dr. Attachment 4: Amended Resolution R-70-18, Supporting a 6b Application for 100 E Howard Ave. Attachment 5: Amended Resolution R-71-18, Supporting a 6b for Application for 2392 S Winthrop Dr. Attachment 6: Amended Resolution R-72-18, Supporting a 6b for Application for 1794 S Winthrop Dr. MEMORANDUM Page 1 of 29 CITY OF DES PLAINES RESOLUTION R - 69 - 17 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 100 EAST HOWARD AVENUE. WHEREAS, MLRP Messenger, LLC ("Applicant"), is the owner of that certain property commonly known as 100 East Howard Ave in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is approximately a 7.6 acre site improved with one 127,800 square -foot building, which has been vacant and unused since July 2014; and WHEREAS, the Applicant intends to make improvements to the Subject Property Proposed Improvements") and secure a tenant that will use the Subject Property as a third -party logistics center or industrial use ("Proposed Use"); and WHEREAS, the Applicant estimates that the Proposed Improvements will cost $40,000; and WHEREAS, the Applicant expects that a tenant will invest approximately $65,000 to build -nut the Subject Property for the Proposed Use; and WHEREAS, pursuant to Section 74-63 of the Cook County Real Property Assessment Classification Ordinance ("Classification Ordinance"), certain real property that qualifies as abandoned property" pursuant to Section 74-62(b) of the Classification Ordinance, or is substantially renovated, or is the site of new construction and used primarily for industrial purposes may be classified as Class 6b, which temporarily reduces the property tax assessment in order to promote the construction of and rehabilitation of industrial facilities; and WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property only in the event that the Applicant finds a tenant for the Subject Property; and WHEREAS, the Applicant would be unable to complete the additional investment and to cause the Subject Property to be reoccupied for industrial purposes but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, the Applicant's use of the Subject Property will provide needed employment opportunities to residents of the City; 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: 1 Attachment 1 Page 2 of 29 SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the City Council. SECTION 2: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the rehabilitation and reoccupation of the Subject Property; and c) the Subject Property constitutes an abandoned property for the purpose of Class 6b classification due to special circumstances. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY'S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant has secured a tenant for the Subject Property and provided evidence to the City, in the form of a valid and effective lease, that such tenancy will commence on a date no later than two years after the adoption of this resolution; and B. The Applicant has evidenced a commitment in conjunction with its tenant to conduct the Proposed Improvements in the amount of no less than $40,000 and required build out improvements of no less than $65,000. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by a date no later than three years after the adoption of this resolution, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. SIGNATURE PAGE FOLLOWS] Attachment 1 Page 3 of 29 PASSED this APPROVED day of this day of 2017. i 141 , 2017. VOTE: AYES 6 NAYS ABSENT 0 ATTEST: C1TY CLERK DP -Resolution Supporting Class 6b Classification 100 E. Howard Ave 3 Approve o form: Peter M. Friedman, General Counsel Attachment 1 Page 4 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1: LOTS 1 AND 2 IN MESSENGER RESUBDIVISION OF LOT 3 IN HOWARD STREET SUBDIVISION OF PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/ 4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 21, 1987AS DOCUMENT 87568271, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID AS CREATED BY AGREEMENT AND GRANT OF EASEMENT FOR RAILROAD SIDE TRACK DATED JULY 20, 1979 AND RECORDED JULY 27, 1979 AS DOCUMENT 25072467, MADE BY LASALLENATIONAL BANK, ANATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 16, 1979 AND KNOWN AS TRUST NUMBER 101382 TO ILLINOIS TOOL WORKS, INC., A DELAWARE CORPORATION TO USE AND ENJOY THE RAILROAD SIDE TRACK AND RELATED FACILITIES LOCATED ON THE FOLLOWING DESCRIBED 2 PARCELS OF LAND, TO -WIT: A STRIP OF LAND, 19 FEET WIDE, IN PARTS OF LOT 3 (EXCEPT THE NORTH 3 ACRES THEREOF) AND LOT 6 IN GEORGE H. GEILS' SUBDIVISION OF THAT PART OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF AND THE SOUTH 14.70 FEET OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE DES PLAINES VALLEY RAILROAD, AS SHOWN ON PLAT RECORDED SEPTEMBER 10, 1928, AS DOCUMENT NO. 10142179, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID LOT 6 AND THE SOUTH LINE OF THE SAID NORTH 3 ACRES OF LOT 3; THENCE EASTERLY ON THE SAID SOUTH LINE, EXTENDED EAST, IN A STRAIGHT LINE, A DISTANCE OF 154.23 FEET; THENCE NORTHEASTERLY ON A CURVED LINE, CONVEXED SOUTHEASTERLY, TANGENT TO LAST DESCRIBED LINE, HAYING A RADIUS OF 292.06 FEET, A DISTANCE OF 226.35 FEET (ARC) TO A POINT ON THE WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD (100 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE, BEING A CURVED LINE, CONVEXED SOUTHEASTERLY, HAYING A RADIUS OF 5679.65 FEET, A DISTANCE OF 39.13 FEET (ARC); THENCE SOUTHWESTERLY ALONG A CURVED LINE, CONVEXED SOUTHEASTERLY, CONCENTRIC WITH THE FIRST DESCRIBED CURVED LINE, HAVING A RADIUS OF 311.06 FEET, A DISTANCE OF 205.78 FEET ARC); THENCE WESTERLY ALONG A STRAIGHT LINE, DRAWN PARALLEL WITH FIRST DESCRIBED STRAIGHT LINE, ALSO TANGENT TO LAST DESCRIBED CURVED LINE, A DISTANCE OF 154.97 FEET TO THE WEST LINE OF SAID LOT 6 OR THE EAST LINE OF SAID LOT 3; THENCE CONTINUING WESTERLY ALONG SAID STRAIGHT LINE, A DISTANCE OF 10629 FEET TO ITS INTERSECTION WITH A CURVED LINE, CONVEXED TO THE NORTHWEST, HAVING A RADIUS OF 311.06 Attachment 1 Page 5 of 29 FEET, A DISTANCE OF 109.28 FEET (ARC) TO THE POINT OF BEGINNING, SAID POINT BEING TANGENT TO THE FIRST DESCRIBED STRAIGHT LINE. PARCEL 3: PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY EASEMENT AGREEMENT DATED NOVEMBER 1, 1988 AND RECORDED MAY 10, 1989 AS DOCUMENT 89209969, MADE BY AND AMONG O'HARE AIRPORT PARTNERS LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 19, 1983 AND KNOWN AS TRUST NO. 104330 AND LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER 1, 1968 AND KNOWN AS TRUST NO. 38615, TO USE AND ENJOY RAILROAD SIDE TRACK AND RELATED FACILITIES OVER AND UPON A PARCEL OF LAND DESCRIBED AS FOLLOWS: A STRIP OF LAND, 19 FEET WIDE, IN PART OF LOT 3 (EXCEPT THE NORTH 3 ACRES THEREOF) IN GEORGE H. GEILS' SUBDIVISION OF THAT PART OF THE SOUTH 1/ OF THE NORTH % AND THE SOUTH 14.70 FEET OF THE NORTH % OF THE NORTH 1/z OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE DES PLAINES VALLEY RAILROAD AS SHOWN ON PLAT RECORDED SEPTEMBER 10, 1928, AS DOCUMENT NO. 10142179, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 3 ACRES OF SAID LOT 3 AND THE EAST LINE OF SAID LOT 3; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH 3 ACRES OF SAID LOT 3, A DISTANCE OF 345.05 FEET TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 950 FEET EAST OF THE WEST LINE OF THE NORTHWEST 1/ OF SECTION 30, AFORESAID (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTH ALONG SAID PARALLEL LINE, A DISTANCE OF 19.02 FEET; THENCE EAST PARALLEL WITH THE AFORESAID SOUTH LINE, A DISTANCE OF 238.76 FEET; THENCE NORTHEASTERLY ON A CURVED LINE, CONVEXED TO THE NORTHWEST, HAVING A RADIUS OF 311.06 FEET, A DISTANCE OF 109.28 FEET (ARC) TO THE POINT OF BEGINNING. PIN: 09-30-101-035-0000 Commonly known as 100 E. Howard Ave, Des Plaines, Illinois. Attachment 1 Page 6 of 29 Attachment 2 Page 7 of 29 Attachment 2 Page 8 of 29 Attachment 2 Page 9 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1 LOT TWO (2) IN BUTLER PAPER COMPANY’S DES PLAINES SUBDIVISION NO.1 BEING A SUBDIVISION OF PART OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 3. TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO PLAT OF BUTLER’S PAPER COMPANY’S DES PLAINES SUBDIVISION NO. 1, REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON NOVEMBER 1, 1977 AS DOCUMENT NO 2978436, IN COOK COUNTY ILLINOIS (EXCEPTING THEREFROM THAT PART TAKEN FOR STREET PURPOSES IN CONDEMNATION CASE 91L50427). PARCEL 2 TOGETHER WITH AN EASEMENT TO USE, CONSTRUCT, RECONSTRUCTION, INSTALL, MAINTAIN, REPAIR AND REMOVE A SWITCH TRACK OR SWITCH TRACKS AND APPURTENANCES THERETO OVER ALONG AND ACROSS THE FOLLOWING DESCRIBED PORTION OF THE REAL ESTATE A STRIP OF LAND 20 FEET WIDE ACROSS THAT PART OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE SOUTHERLY LINE OF THE ILLINOIS TOLL ROAD AS DESCRIBED IN DOCUMENT NUMBER 1747978 (REGISTERED IN THE REGISTRAR’S OFFICE OF COOK COUNTY, ILLINOIS) AND LYING EAST OF A LINE 489.423 FEET, MEASURED ALONG THE SOUTH LINE OF SAID SOUTHEAST ¼ EAST FROM AND PARALLEL WITH THE EAST LINE OF THE RIGHT OF WAY OF THE DES PLAINES VALLEY RAILROAD AND LYING WEST OF A LINE 461.25 FEET MEASURED AT RIGHT ANGLES WEST FROM AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ¼ OF SECTION 30 AFORESAID SAID STRIP OF LAND BEING 10 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING ON SAID LINE 461.25 FEET MEASURED AT RIGHT ANGLES WEST FROM AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ¼ OF SECTION 30 AT A POINT 38.35 FEET SOUTH FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH THE SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD AND RUNNING THENCE NORTHWESTWARDLY ALONG A STRAIGHT LINE A DISTANCE OF 126.77 FEET TO A POINT OF CURVE DISTANT 36.70 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FROM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG THE ARC OF A CIRCLE CONVEX TO THE SOUTHWEST AND HAVING A RADIUS OF 300.0 FEET A DISTANCE OF 72.86 FEET TO A POINT 28.28 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FORM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG A STRAIGHT LINE A DISTANCE OF 41.82 FEET TO A POINT OF CURVE, A DISTANCE OF 18.43 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FROM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG THE ARC OF A CIRCLE CONVEX TO THE NORTHEAST AND HAVING A RADIUS OF 300 FEET A DISTANCE OF 56.00 FEET TO AN INTERSECTION WITH SAID LINE 489.423 FEET (MEASURED ALONG THE SOUTH LINE OF SAID SOUTHEAST ¼) EAST FROM AND PARALLEL WITH THE EAST LINE Attachment 2 Page 10 of 29 OF SAID DES PLAINES VALLEY RAILROAD AND SAID POINT BEING 11.05 FEET MEASURED ALONG SAID PARALLEL LINE SOUTH FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH SAID SOUTHERLY LINE OF SAID TOLL ROAD AS RESERVED IN WARRANTY DEED DATED NOVEMBER 10, 1977 AND RECORDED DECEMBER 9, 1977 AS DOCUMENT NUMBER 2986949 IN COOK COUNTY, ILLINOIS. PIN: 09-30-400-042-0000 Commonly known as 2392 Wolf Road, Des Plaines, Illinois. Attachment 2 Page 11 of 29 CITY OF DES PLAINES RESOLUTION R - 180 - 17 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 1794 WINTHROP DRIVE WHEREAS, DB CI -1794 W, LLC ("Applicant"), is the owner of that certain property commonly known as 1794 Winthrop Drive in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is an approximately 4.7 acre parcel improved with one 104,610 square -foot building, which has been vacant and unused since September 2016; and WHEREAS, the Applicant intends to make improvements to the Subject Property Proposed Improvements") and secure a tenant that will use the Subject Property for an industrial use; and WHEREAS, the Applicant estimates that the Proposed Improvements will cost $160,000; and WHEREAS, pursuant to Section 74-63 of the Cook County Real Property Assessment Classification Ordinance ("Classification Ordinance"), certain real property that qualifies as abandoned property" pursuant to Section 74-62(b) of the Classification Ordinance, or is substantially renovated, or is the site of new construction and used primarily for industrial purposes may be classified as Class 6b, which temporarily reduces the property tax assessment in order to promote the construction of and rehabilitation of industrial facilities; and WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property; and WHEREAS, the Applicant would be unable to complete the Proposed Improvements and to cause the Subject Property to be reoccupied for industrial purposes but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, the Applicant's use of the Subject Property will provide needed employment opportunities to residents of the City; 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. 1 Attachment 3 Page 12 of 29 SECTION 2: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the rehabilitation and reoccupation of the Subject Property; and c) the Subject Property constitutes an abandoned property for the purpose of Class 6b classification due to special circumstances. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY'S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant has secured a tenant for the Subject Property and provided evidence to the City, in the form of a valid and effective lease, that such tenancy will commence on a date no later than two years after the adoption of this resolution; and B. The Applicant has evidenced a commitment to conduct the Proposed Improvements in the amount of no less than $160,000. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by a date no later than three years after the adoption of this resolution, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. SIGNATURE PAGE FOLLOWS] 2 Attachment 3 Page 13 of 29 PASSED this ;!; ' day of til f t , 2017. APPROVED this [ 1. day of /JG , 2017. VOTE: AYES NAYS ABSENT , ATTEST: Approve s to form: DP -Resolution Supporting Class 6b Classification 1794 Winthrop Drive 3 I Peter M. Friedman, General Counsel Attachment 3 Page 14 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 1 IN IRVING M. FOOTLIK RESUBDIVISION IN THE NORTH HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF RESUBDIVISION RECORDED APRIL 24, 1969 AS DOCUMENT NO. 20821057 IN BOOK 789 OF PLATS, PAGE 33 IN THE RECORDER'S OFFICE IN COOK COUNTY, ILLINOIS. PIN: 09-30-101-027-0000 Commonly known as 1794 Winthrop Drive, Des Plaines, Illinois. Attachment 3 Page 15 of 29 1 CITY OF DES PLAINES RESOLUTION R - 70 - 18 A RESOLUTION AMENDING AND RESTATING RESOLUTION R-69-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 100 EAST HOWARD AVENUE. WHEREAS, MLRP Messenger, LLC ("Applicant") is the owner of that certain property commonly known as 100 East Howard Ave in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is approximately a 7.6 acre site improved with one 127,800 square-foot building, which was vacant from July 2014 through the application date of January 31, 2017; and WHEREAS, the Applicant intends to make improvements to the Subject Property ("Proposed Improvements") and secure a tenant that will use the Subject Property as a third-party logistics center or other industrial use (“Proposed Use”); and WHEREAS, the Applicant estimates that the Proposed Improvements will cost $40,000; and WHEREAS, the Applicant expects that a tenant will invest approximately $65,000 to build-out the Subject Property for the Proposed Use; and WHEREAS, pursuant to Section 74-62(b) of the Cook County Real Property Assessment Classification Ordinance ("County Classification Ordinance"), the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property under the eligibility criteria of reutilization of “abandoned property under special circumstances”; and WHEREAS, although the Subject Property does not meet the definition of “abandoned property” under the County Classification Ordinance because there has been no purchase for value, the City Council finds that special circumstances exist to justify supporting and consenting the Applicant’s Class 6b application because the Subject Property was vacant and unused for more than 24 months, and Applicant will have to make significant investments in the Subject Property to re-occupy the Subject Property; and WHEREAS, the Class 6b classification temporarily reduces the property tax assessment of qualifying properties in order to promote commercial projects which would not be economically feasible without assistance; and WHEREAS, in order to qualify for the 6b Classification, the Applicant must receive the consent of the City in the form of an ordinance or resolution from the City Council; and Attachment 4 Page 16 of 29 2 WHEREAS, the Applicant would be unable to complete the additional investment and to cause the Subject Property to be reoccupied for industrial purposes but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, on April 3, 2017, the City Council approved Resolution R-69-17, Supporting and Consenting to Approval of Class 6b Classification of the Subject Property for the Applicant; and WHEREAS, following the City Approval of Resolution R-69-17, the Assessor of Cook County requested that the City adopt a new resolution confirming the City’s receipt and review of an Economic Disclosure Statement completed by the Business and clarifying the applicable eligibility criteria; and WHEREAS, as part of the Class 6b application filed with the City for the Subject Property, the Applicant submitted a Cook County compliant Economic Disclosure Statement, which the City has reviewed and found sufficient for the City to complete its review of the application; and WHEREAS, the City Council hereby find that it is in the best interest of the City and the public to amend and restate Resolution R-69-17 in its entirety. 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the rehabilitation and reoccupation of the Subject Property; and (c) the Subject Property constitutes an abandoned property under special circumstances for the purpose of Class 6b classification. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY’S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant has secured a tenant for the Subject Property and provided evidence to the City, in the form of a valid and effective lease, that such tenancy will commence on a date no later than April 3, 2019; and Attachment 4 Page 17 of 29 3 B. The Applicant has evidenced a commitment in conjunction with its tenant to conduct the Proposed Improvements in the amount of no less than $40,000 and required build out improvements of no less than $65,000. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by a date no later than April 3, 2019, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification 100 E. Howard Ave Attachment 4 Page 18 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1: LOTS 1 AND 2 IN MESSENGER RESUBDIVISION OF LOT 3 IN HOWARD STREET SUBDIVISION OF PART OF THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 21, 1987 AS DOCUMENT 87568271, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID AS CREATED BY AGREEMENT AND GRANT OF EASEMENT FOR RAILROAD SIDE TRACK DATED JULY 20, 1979 AND RECORDED JULY 27, 1979 AS DOCUMENT 25072467, MADE BY LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED JULY 16, 1979 AND KNOWN AS TRUST NUMBER 101382 TO ILLINOIS TOOL WORKS, INC., A DELAWARE CORPORATION TO USE AND ENJOY THE RAILROAD SIDE TRACK AND RELATED FACILITIES LOCATED ON THE FOLLOWING DESCRIBED 2 PARCELS OF LAND, TO-WIT: A STRIP OF LAND, 19 FEET WIDE, IN PARTS OF LOT 3 (EXCEPT THE NORTH 3 ACRES THEREOF) AND LOT 6 IN GEORGE H. GEILS' SUBDIVISION OF THAT PART OF THE SOUTH ONE-HALF OF THE NORTH ONE-HALF AND THE SOUTH 14.70 FEET OF THE NORTH ONE-HALF OF THE NORTH ONE-HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE DES PLAINES VALLEY RAILROAD, AS SHOWN ON PLAT RECORDED SEPTEMBER 10, 1928, AS DOCUMENT NO. 10142179, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID LOT 6 AND THE SOUTH LINE OF THE SAID NORTH 3 ACRES OF LOT 3; THENCE EASTERLY ON THE SAID SOUTH LINE, EXTENDED EAST, IN A STRAIGHT LINE, A DISTANCE OF 154.23 FEET; THENCE NORTHEASTERLY ON A CURVED LINE, CONVEXED SOUTHEASTERLY, TANGENT TO LAST DESCRIBED LINE, HAYING A RADIUS OF 292.06 FEET, A DISTANCE OF 226.35 FEET (ARC) TO A POINT ON THE WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD (100 FEET WIDE); THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE, BEING A CURVED LINE, CONVEXED SOUTHEASTERLY, HAYING A RADIUS OF 5679.65 FEET, A DISTANCE OF 39.13 FEET (ARC); THENCE SOUTHWESTERLY ALONG A CURVED LINE, CONVEXED SOUTHEASTERLY, CONCENTRIC WITH THE FIRST DESCRIBED CURVED LINE, HAVING A RADIUS OF 311.06 FEET, A DISTANCE OF 205.78 FEET (ARC); THENCE WESTERLY ALONG A STRAIGHT LINE, DRAWN PARALLEL WITH FIRST DESCRIBED STRAIGHT LINE, ALSO TANGENT TO LAST DESCRIBED CURVED LINE, A DISTANCE OF 154.97 FEET TO THE WEST LINE OF SAID LOT 6 OR THE EAST LINE OF SAID LOT 3; THENCE CONTINUING WESTERLY ALONG SAID STRAIGHT LINE, A DISTANCE OF 106.29 FEET TO ITS INTERSECTION WITH A CURVED LINE, CONVEXED TO THE NORTHWEST, HAVING A RADIUS OF 311.06 FEET, A DISTANCE OF 109.28 FEET (ARC) TO THE POINT OF BEGINNING, SAID POINT BEING TANGENT TO THE FIRST DESCRIBED STRAIGHT LINE. Attachment 4 Page 19 of 29 PARCEL 3: PERPETUAL EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS CREATED BY EASEMENT AGREEMENT DATED NOVEMBER 1, 1988 AND RECORDED MAY 10, 1989 AS DOCUMENT 89209969, MADE BY AND AMONG O'HARE AIRPORT PARTNERS LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIA TION, AS TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 19, 1983 AND KNOWN AS TRUST NO. 104330 AND LASALLE NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED OCTOBER l , 1968 AND KNOWN AS TRUST NO. 38615, TO USE AND ENJOY RAILROAD SIDE TRACK AND RELATED FACILITIES OVER AND UPON A PARCEL OF LAND DESCRIBED AS FOLLOWS: A STRIP OF LAND, 19 FEET WIDE, IN PART OF LOT 3 (EXCEPT THE NORTH 3 ACRES THEREOF) IN GEORGE H. GEILS' SUBDIVISION OF THAT PART OF THE SOUTH ½ OF THE NORTH ½ AND THE SOUTH 14.70 FEET OF THE NORTH ½ OF THE NORTH ½ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE DES PLAINES VALLEY RAILROAD AS SHOWN ON PLAT RECORDED SEPTEMBER 10, 1928, AS DOCUMENT NO. 10142179, ALL IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 3 ACRES OF SAID LOT 3 AND THE EAST LINE OF SAID LOT 3; THENCE WEST ALONG THE SOUTH LINE OF THE NORTH 3 ACRES OF SAID LOT 3, A DISTANCE OF 345.05 FEET TO ITS INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND 950 FEET EAST OF THE WEST LINE OF THE NORTHWEST ¼ OF SECTION 30, AFORESAID (MEASURED AT RIGHT ANGLES THERETO); THENCE SOUTH ALONG SAID PARALLEL LINE, A DISTANCE OF 19.02 FEET; THENCE EAST PARALLEL WITH THE AFORESAID SOUTH LINE, A DISTANCE OF 238.76 FEET; THENCE NORTHEASTERLY ON A CURVED LINE, CONVEXED TO THE NORTHWEST, HAVING A RADIUS OF 311.06 FEET, A DISTANCE OF 109.28 FEET (ARC) TO THE POINT OF BEGINNING. PIN : 09-30-101-035-0000 Commonly known as 100 E. Howard Ave, Des Plaines, Illinois. Attachment 4 Page 20 of 29 1 CITY OF DES PLAINES RESOLUTION R - 71 - 18 A RESOLUTION AMENDING AND RESTATING RESOLUTION R-138-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 2392 WOLF ROAD._______ WHEREAS, DCT Wolf Road, LLC ("Applicant") is the owner of that certain property commonly known as 2392 Wolf Road in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is an approximately 3.65 acre site improved with one 84,730 square-foot building, which has been vacant and unused since July 2010; and WHEREAS, the Applicant intends to make improvements to the Subject Property ("Proposed Improvements") and secure a tenant that will use the Subject Property for an industrial use; and WHEREAS, the Applicant estimates that the Proposed Improvements will cost $630,000; and WHEREAS, pursuant to Section 74-62(b) of the Cook County Real Property Assessment Classification Ordinance ("County Classification Ordinance"), the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property under the eligibility criteria of reutilization of “abandoned property under special circumstances” and “substantial rehabilitation”; and WHEREAS, although the Subject Property does not meet the definition of “abandoned property” under the County Classification Ordinance because there has been no purchase for value, the City Council finds that special circumstances exist to justify supporting and consenting the Applicant’s Class 6b application because the Subject Property has been vacant and unused for more than 24 months, and Applicant will have to make significant investments in the Subject Property to re-occupy the Subject Property; and WHEREAS, the Class 6b classification temporarily reduces the property tax assessment of qualifying properties in order to promote commercial projects which would not be economically feasible without assistance; and WHEREAS, in order to qualify for the 6b Classification, the Applicant must receive the consent of the City in the form of an ordinance or resolution from the City Council; and WHEREAS, the Applicant would be unable to complete the additional investment and to cause the Subject Property to be reoccupied for industrial purposes but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and Attachment 5 Page 21 of 29 2 WHEREAS, on August 7, 2017, the City Council approved Resolution R-138-17, Supporting and Consenting to Approval of Class 6b Classification of the Subject Property for the Applicant; and WHEREAS, following the City Approval of Resolution R-138-17, the Assessor of Cook County requested that the City adopt a new resolution confirming the City’s receipt and review of an Economic Disclosure Statement completed by the Business and clarifying the applicable eligibility criteria; and WHEREAS, as part of the Class 6b application filed with the City for the Subject Property, the Applicant submitted a Cook County compliant Economic Disclosure Statement, which the City has reviewed and found sufficient for the City to complete its review of the application; and WHEREAS, the City Council hereby find that it is in the best interest of the City and the public to amend and restate Resolution R-138-17 in its entirety. 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the rehabilitation and reoccupation of the Subject Property; and (c) the Subject Property constitutes an abandoned property under special circumstances and a substantial rehabilitation for the purpose of Class 6b classification. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY’S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant has secured a tenant for the Subject Property and provided evidence to the City, in the form of a valid and effective lease, that such tenancy will commence on a date no later than August 7, 2019; and B. The Applicant has evidenced a commitment to conduct the Proposed Improvements in the amount of no less than $630,000. Attachment 5 Page 22 of 29 3 The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by a date no later than August 7, 2019, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification 2392 Wolf Road Attachment 5 Page 23 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1 LOT TWO (2) IN BUTLER PAPER COMPANY’S DES PLAINES SUBDIVISION NO.1 BEING A SUBDIVISION OF PART OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 3. TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO PLAT OF BUTLER’S PAPER COMPANY’S DES PLAINES SUBDIVISION NO. 1, REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON NOVEMBER 1, 1977 AS DOCUMENT NO 2978436, IN COOK COUNTY ILLINOIS (EXCEPTING THEREFROM THAT PART TAKEN FOR STREET PURPOSES IN CONDEMNATION CASE 91L50427). PARCEL 2 TOGETHER WITH AN EASEMENT TO USE, CONSTRUCT, RECONSTRUCTION, INSTALL, MAINTAIN, REPAIR, AND REMOVE A SWITCH TRACK OR SWITCH TRACKS AND APPURTENANCES THERETO OVER ALONG AND ACROSS THE FOLLOWING DESCRIBED PORTION OF THE REAL ESTATE A STRIP OF LAND 20 FEET WIDE ACROSS THAT PART OF THE WEST ½ OF THE SOUTHEAST ¼ OF SECTION 30, TOWNSHIP 41, NORTH RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE SOUTHERLY LINE OF THE ILLINOIS TOLL ROAD AS DESCRIBED IN DOCUMENT NUMBER 1747978 (REGISTERED IN THE REGISTRAR;S OFFICE OF COOK COUNTY, ILLINOIS) AND LYING EAST OF A LINE 489.423 FEET, MEASURED ALONG THE SOUTH LINE OF SAID SOUTHEAST ¼ EAST FROM AND PARALLEL WITH THE EAST LINE OF THE RIGHT OF WAY OF THE DES PLAINES VALLEY RAILROAD AND LYING WEST OF A LINE 461.25 FEET MEASURED AT RIGHT ANGLES WEST FROM AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST ¼ OF SECTION 30 AFORESAID SAID STRIP OF LAND BEING 10 FEET IN WIDTH ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNNING ON SAID LINE 461.25 FEET MEASURE AT RIGHT ANGLES WEST FROM AND PARALLEL WITH THE EAST LINE OF SAID SOUTH EAST ¼ OF SECTION 30 AT A POINT 38.35 FEET SOUTH FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH THE SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD AND RUNNING THENCE NORTHWESTWARDLY ALONG A STRAIGHT LINE A DISTANCE OF 126.77 FEET TO A POINT OF CURVE DISTANT 36.70 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FROM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG THE ARC OF A CIRCLE CONVEX TO THE SOUTHWEST AND HAVING A RADIUS OF 300.0 FEET A DISTANCE OF 72.86 FEET TO A POINT 28.28 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FORM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG A STRAIGHT LINE A DISTANCE OF 41.82 FEET TO A POINT OF CURVE, A DISTANCE OF 18.43 FEET MEASURED AT RIGHT ANGLES SOUTHWESTERLY FROM SAID SOUTHERLY LINE OF SAID ILLINOIS TOLL ROAD THENCE NORTHWESTWARDLY ALONG THE ARC OF A CIRCLE CONVEX TO THE NORTHEAST AND HAVING A RADIUS OF 300 FEET A DISTANCE OF 56.00 FEET TO AN INTERSECTION WITH SAID LINE 489.423 FEET (MEASURED ALONG THE SOUTH LINE OF SAID SOUTHEAST ¼) EAST FROM AND PARALLEL WITH THE EAST LINE OF SAID DES PLAINES VALLEY RAILROAD AND SAID POINT BEING 11.05 FEET Attachment 5 Page 24 of 29 MEASURED ALONG SAID PARALLEL LINE SOUTH FROM THE POINT OF INTERSECTION OF SAID PARALLEL LINE WITH SAID SOUTHERLY LINE OF SAID TOLL ROAD AS RESERVED IN WARRANTY DEED DATED NOVEMBER 10, 1977 AND RECORDED DECEMBER 9, 1977 AS DOCUMENT NUMBER 2986949 IN COOK COUNTY, ILLINOIS. PIN: 09-30-400-042-0000 Commonly known as 2392 Wolf Road, Des Plaines, Illinois. Attachment 5 Page 25 of 29 1 CITY OF DES PLAINES RESOLUTION R - 72 - 18 A RESOLUTION AMENDING AND RESTATING RESOLUTION R-180-17 SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY LOCATED AT 1794 WINTHROP DRIVE.___________________________________________ WHEREAS, DB CI-1794 W, LLC ("Applicant") is the owner of that certain property commonly known as 1794 Winthrop Drive in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is an approximately 4.7 acre parcel improved with one 104,610 square-foot building, which has been vacant and unused since September 2016; and WHEREAS, the Applicant intends to make improvements to the Subject Property ("Proposed Improvements") and secure a tenant that will use the Subject Property for an industrial use; and WHEREAS, the Applicant estimates that the Proposed Improvements will cost $160,000; and WHEREAS, pursuant to Section 74-62(b) of the Cook County Real Property Assessment Classification Ordinance ("Classification Ordinance"), the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property under the eligibility criteria of “substantial rehabilitation” and reutilization of “abandoned property” pursuant to the Temporary Emergency Economic Recovery Modification Program (“TEERM Program”); and WHEREAS, the Class 6b classification temporarily reduces the property tax assessment of qualifying properties in order to promote commercial projects which would not be economically feasible without assistance; and WHEREAS, in order to qualify for the 6b Classification, the Applicant must receive the consent of the City in the form of an ordinance or resolution from the City Council; and WHEREAS, the Applicant would be unable to complete the Proposed Improvements and to cause the Subject Property to be reoccupied for industrial purposes but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, on November 20, 2017, the City Council approved Resolution R-180-17, Supporting and Consenting to Approval of Class 6b Classification of the Subject Property for the Applicant; and Attachment 6 Page 26 of 29 2 WHEREAS, following the City Approval of Resolution R-180-17, the Assessor of Cook County requested that the City adopt a new resolution confirming the City’s receipt and review of an Economic Disclosure Statement completed by the Business and clarifying the applicable eligibility criteria; and WHEREAS, as part of the Class 6b application filed with the City for the Subject Property, the Applicant submitted a Cook County compliant Economic Disclosure Statement, which the City has reviewed and found sufficient for the City to complete its review of the application; and WHEREAS, the City Council hereby find that it is in the best interest of the City and the public to amend and restate Resolution R-180-17 in its entirety. 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the rehabilitation and reoccupation of the Subject Property; and (c) the Subject Property constitutes (i) a substantial rehabilitation, and (ii) an abandoned property pursuant to the TEERM Program because it has been vacant for at least 12 months and there has been no purchase for value. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY’S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant has secured a tenant for the Subject Property and has provided evidence to the City, in the form of a valid and effective lease, that such tenancy will commence on a date no later than November 20, 2019; and B. The Applicant has evidenced a commitment to conduct the Proposed Improvements in the amount of no less than $160,000. The Applicant agrees and acknowledges that if either of the conditions set forth in this Section 4 have not been satisfied by a date no later November 20, 2019, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted. In the event that the City Council revokes its consent, the City Clerk is directed to Attachment 6 Page 27 of 29 3 promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification 1794 Winthrop Drive Attachment 6 Page 28 of 29 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 1 IN IRVING M. FOOTLIK RESUBDIVISION IN THE NORTH HALF OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF RESUBDIVISION RECORDED APRIL 24, 1969 AS DOCUMENT NO. 20821057 IN BOOK 789 OF PLATS, PAGE 33 IN THE RECORDER’S OFFICE IN COOK COUNTY, ILLINOIS. PIN: 09-30-101-027-0000 Commonly known as 1794 Winthrop Drive, Des Plaines, Illinois. Attachment 6 Page 29 of 29 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: March 27, 2018 To: Mayor and Members of City Council From: Michael G. Bartholomew, ICMA-CM, City Manager Subject: Third amendment to the City Manger’s employment agreement Attached is a resolution and third amendment to the City Manager’s employment agreement. The only change to the agreement is the consideration base salary. Attachments: Attachment 1 – Resolution R-78-18 Page 1 of 5 1 CITY OF DES PLAINES RESOLUTION R - 78 - 18 A RESOLUTION APPROVING A THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MICHAEL G. BARTHOLOMEW. 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 and Michael G. Bartholomew entered into a City Manager Employment Agreement dated as of April 16, 2012, as amended by the First Amendment to the City Manager Employment Agreement on November 4, 2013 and the Second Amendment to the Agreement dated on July 20, 2015 (collectively, "Agreement"), pursuant to which the City agreed to employ Mr. Bartholomew, and Mr. Bartholomew agreed to be employed by the City, to perform the duties of City Manager of the City of Des Plaines; and WHEREAS, the City and Mr. Bartholomew desire to enter into a Third Amendment to the City Manager Employment Agreement to amend the Agreement regarding Mr. Bartholomew's annual base salary ("Third Amendment"); and WHEREAS, the City Council has determined that it is in the best interest of the City to approve the Third Amendment; 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 THIRD AMENDMENT. The City Council hereby approves the Third Amendment 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 THIRD AMENDMENT. The City Council hereby authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the final Third Amendment. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Attachment 1 Page 2 of 5 2 PASSED this _____ day of ____________, 2018. APPROVED this _____ day of _____________, 2018. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Third Amendment to City Manager Employment Agreement #3607002 Attachment 1 Page 3 of 5 THIRD AMENDMENT TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MICHAEL G. BARTHOLOMEW THIS THIRD AMENDMENT is made and entered into as of the ____ day of _____________, 2018, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“Employer”), and Michael G. Bartholomew ("Employee"). In consideration of the recitals and mutual covenants and agreements set forth in this Third Amendment, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: Section 1. Recitals. A. The Employer and the Employee entered into that certain "City Manager Employment Agreement" dated as of April 16, 2012, as amended by the First Amendment to the Agreement on November 4, 2013, and the Second Amendment to the Agreement on July 20, 2015 (collectively, "Agreement"). Pursuant to the Agreement, the Employer agreed to employ the Employee, and the Employee agreed to be employed by the Employer, to perform the duties of City Manager of the City of Des Plaines. B. Section 3 of the Agreement sets forth the annual base salary that the Employer agreed to pay the Employee in exchange for the performance by the Employee of the duties of City Manager of the City of Des Plaines. Under the Agreement, the annual base salary is currently $187,575. C. Section 1.2 of the Agreement provides that the Agreement may be modified in writing by mutual agreement of the parties, and Section 3.3 of the Agreement provides that the Employer can increase the compensation of the Employee based on the results of a performance evaluation process set forth in Section 12 of the Agreement. D. Pursuant to Section 1.2, Section 3.3, and Section 12 of the Agreement, the Employer and the Employee desire to further amend the Agreement to increase the Employee's annual base salary by ____ percent. E. The parties therefore hereby amend the Agreement as follows. Section 2. Third Amendment to the Agreement. Section 3.1 of the Agreement is hereby amended to read as follows: "Section 3: Compensation 1. Base Salary: Employer agrees to pay Employee an annual base salary of $___________, payable in installments at the same time that the other management employees of the Employer are paid." Section 3. Effect; Effective Date. All terms, conditions and provisions of the Agreement that are not expressly amended or modified by this Third Amendment shall remain unchanged and in full force and effect as if fully set forth herein. To the extent that the terms and provisions of this Third Amendment conflict with the Agreement, the terms and provisions of this Third Amendment shall control. The effective date of this Third Amendment shall be April 21, 2018. Exhibit A Page 4 of 5 2 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives as of the date and year first written above. ATTEST: CITY OF DES PLAINES By: _________________________ By:____________________________ Jennifer L. Tsalapatanis, City Clerk Matthew Bogusz, Mayor Date: ________________________ Date: __________________________ WITNESS: MICHAEL G. BARTHOLOMEW By: _________________________ _______________________________ Jennifer L. Tsalapatanis, City Clerk Date: _______________________ Date: __________________________ #55953789_v1 Exhibit A Page 5 of 5