MAYOR VILLAGE MANAGER Andrew Przybylo Steven C. Vinezeano
TRUSTEES VILLAGE CLERK George D. Alpogianis Marlene J. Victorine John C. Jekot Joe LoVerde Phone: (847) 588-8000 Danette O'Donovan Matyas Fax: (847) 588-8051 Denise M. McCreery www.vniles.com Dean Strzelecki 1000 Civic Center Drive, Niles, Illinois 60714
AGENDA NILES VILLAGE BOARD MEETING COUNCIL CHAMBERS August 22, 2017 7:00 PM REGULAR MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS Niles Chamber of Commerce Week - September 11 - 15, 2017 Constitution Week - September 17 - 23, 2017 PRESENTATIONS Recognition of Lakhani Hospitality's Sponsorship of the Niles Cycling Classic Crime Prevention Action Plan (Chief of Police Luis Tigera) O'Hare Noise Compatibility Commission Update (J. Annunzio) ANNOUNCEMENTS Niles Community Block Party - Saturday, August 26, 2017, 11:00 a.m. to 2:00 p.m., Niles Senior Center Parking Lot 999 Civic Center Drive and Culver School Maria SS. Lauretana Society Feast - September 1 - 4, 2017, Church Street & Golf Mill Park Labor Day Holiday - September 4, 2017 - Village offices will be closed Stormwater Open House - Thursday, September 21, 2017, 4:30 p.m. to 6:30 p.m., Niles Senior Center, 999 Civic Center Drive PRESIDENT'S REPORT President Przybylo * COMMITTEE REPORTS Finance Committee (Trustee LoVerde) General Government/IT Committee (Trustee Alpogianis) Public Services Committee (Trustee Matyas) PUBLIC COMMENTS The floor is open for public comments on agenda items only. Please step up to the microphone, state your name and city, and make your comment. You will be allotted three minutes. Please make sure you sign in at the reception desk. OLD BUSINESS Item 1 Board Approval - Additional Scope of Services with Strand Associates, Inc. for Trustee Matyas Reservoir Observation and Rehabilitation in the Amount of $50,000
CONSENT AGENDA-NEW BUSINESS All items on the Consent Agenda are considered to be routine and will be enacted in one motion. There will be no individual discussion of these items unless a Trustee so requests, in which event the item will be removed from the Consent Agenda and considered at the end of New Business. Item 1 Approval of Minutes - July 25, 2017 Regular Board Meeting Item 2 Ordinance Accepting a Plat of Utility Easement for Certain Property Located at 9201 North Maryland Street in the Village of Niles
Item 3 Resolution Authorizing the Renewal of the Lease Agreement and Vehicle Storage Agreement with SVAP Golf Mill Retail, L.P. for Niles Teen Center for One Year in the Amount of $16,200
Item 4 Board Approval - Granting Permission for Relief to Allow Illinois Department of Transportation (IDOT) to Perform Construction Work Beyond the Allotted Hours at Touhy Avenue from the Village Crossing Entrance to Illinois Route 50 (Cicero Avenue) as Per Sec.18-193 of the Niles Code of Ordinances
Item 5 Resolution Authorizing a Residency Exemption for Part-Time Employee Brian K. Thompson in the Position of Crisis Worker, pursuant to Sec. 2-11(d) of the Niles Code of Ordinances
NEW BUSINESS Item 1 Resolution Authorizing a Contractual Agreement with Tyler Technologies, Inc. Trustee Alpogianis for Enterprise Resource Planning (ERP) Software and Implementation for Financial, Human Resources, Payroll and Timekeeping Software in the Amount of $785,294.
Item 2 Resolution Authorizing a Contractual Agreement with Matrix Consulting Group Trustee LoVerde for an Organizational Analysis and Staffing Study of the Finance Department in the Amount of $20,000 Item 3 Ordinance Approving a Zoning Map Amendment from an R-3 Two-Family Trustee McCreery Residential District to M Limited Industrial District for a Self-Storage Facility and Parking Lot for the Property Known as 7421, 7431, 7437, and 7443 Waukegan Road (17-ZP-14) Item 4 Ordinance Approving a Special Use Permit to Allow a Self-Storage Facility and Trustee McCreery Parking Lot Located at 7421, 7431, 7437 and 7443 Waukegan Road (17-ZP- 15) Item 5 Ordinance Amending Chapter 2 Administration, Article V. Boards, Committees Trustee Jekot and Commissions, Division 1 Generally, Sec. 2-281. Boards, Committees and Commissions; Membership of the Niles Code of Ordinances Item 6 Resolution Amending Resolution 2013-44R by Approving an Amended Trustee McCreery Economic Incentive Agreement with Grand Golf LLC d/b/a Fresh Farms and the Village of Niles for the Operation of 8203 W. Golf Road and Certain Incentives, Including Sharing of Retailers' Tax Revenues Item 7 Resolution Authorizing a Contractual Agreement with ESI Consultants, Ltd. to Trustee Matyas Provide Phase I Professional Engineering Services for Milwaukee Avenue Streetscape Improvements from Monroe Street to Greenwood Avenue in the Amount of $203,125 Item 8 Resolution Authorizing the Appropriation of Motor Fuel Tax (MFT) Funds for Trustee Matyas Phase I Engineering Services Related to Streetscape Improvements on Milwaukee Avenue from Monroe Street to Greenwood Avenue
Item 9 Resolution Authorizing a Contractual Agreement with Baxter & Woodman, Inc. Trustee Matyas to Provide Phase I Professional Engineering Services for Milwaukee Avenue Streetscape Improvements from Howard Street to Jonquil Terrace in the Amount of $49,965 Item 10 Resolution Authorizing the Appropriation of Motor Fuel Tax (MFT) Funds for Trustee Matyas Phase I Engineering Services Related to Streetscape Improvements on Milwaukee Avenue from Howard Street to Jonquil Terrace
Item 11 Resolution Authorizing a Contractual Agreement with Garland/DBS, Inc. for the Trustee Matyas Replacement of Exterior Soffit and Doors at the South Entrance of Village Hall and Exterior Doors in the Council Chambers Located at 1000 Civic Center Drive in the Amount of $67,981
Item 12 Resolution Authorizing a Contractual Agreement with Tria Architecture Inc., to Trustee Matyas Provide AEC Master Plan and Schematic Design for the Public Services Campuses Located at 6849 and 7104 W. Touhy in the Amount of $48,428
Item 13 Resolution Authorizing a Bid Award and Contract with M.E. Simpson Co., Inc. Trustee Maytas for the 2018 Fire Hydrant Flow Testing Program in the Amount of $51,018.50
Item 14 Board Approval - Authorization of Use of the NJPA Contractual Pricing Trustee Matyas Pursuant to Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with CIT Trucks for the Purchase of a Tandem Dump Truck and Accessories in the Amount of $248,381
Item 15 Board Approval - Authorizing the Extension of the Municipal Partnering Trustee Matyas Initiative (MPI) Contractual Pricing Pursuant to Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with G & L Contractors, Inc. for Debris Hauling, in the Amount of $72,000
FINANCIAL REPORTS Treasurer's Report - July 2017 NEXT MEETINGS September 12, 2017 - 7:00 p.m. Board Informal Consideration Rescheduled to 6:00 p.m. Presentation of Niles Arts and Culture Master Plan by the Lakota Group Followed by a Special Board Meeting September 26, 2017 at 7:00 p.m. Regular Board Meeting
PUBLIC COMMENTS EXECUTIVE SESSION (if necessary) ADJOURNMENT
Proclamation
CHAMBER OF COMMERCE WEEK
SEPTEMBER 11 - 15, 2017
WHEREAS, this year marks the 46th anniversary since the Niles Chamber of Commerce & Industry was incorporated, a non-profit representing local businesses; and
WHEREAS, the Niles Chamber of Commerce works with the businesses, merchants, and industry to advance the civic, economic, industrial, professional and cultural life of the Village of Niles; and
WHEREAS, the Chamber of Commerce encourages the growth of existing industries, services, and commercial firms and encourages new firms and individuals to locate in the Village of Niles; and
WHEREAS, the Chamber of Commerce and its members provide citizens with a strong business environment that increases employment, retail trade and commerce, and industrial growth in order to make the Village of Niles a better place to live.
NOW THEREFORE, President Andrew Przybylo and the Board of Trustees of the Village of Niles do hereby proclaim September 11 through September 15, 2017 as
CHAMBER OF COMMERCE WEEK in the Village of Niles and encourage its citizens to “Discover Niles” through this fine organization.
Dated this 22nd day of August, 2017.
______Andrew Przybylo, Village President
Attested:
______Marlene J. Victorine, Village Clerk Proclamation
CONSTITUTION WEEK
SEPTEMBER 17 - 23, 2017
WHEREAS, September 17, 2017 marks the two hundred and thirtieth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebration which will commemorate the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week.
NOW THEREFORE, President Andrew Przybylo and the Board of Trustees of the Village of Niles do hereby proclaim the week of September 17 through 23, 2017 as
CONSTITUTION WEEK
in the Village of Niles. Our citizens are encouraged to reaffirm the ideals of the Constitution by vigilantly protecting and defending the freedoms guaranteed to us through this guardian of our liberties.
Dated this 22nd day of August, 2017.
______Andrew Przybylo, Village President
Attested:
______Marlene J. Victorine, Village Clerk
CRIME PREVENTION ACTION PLAN To increase police & community interaction
To increase police presence within neighborhoods of the Village
To address quality of life issues that impact residents
To reduce crime that impacts our business partners
To increase police & school interactions
To reduce the risk of traffic related accidents due to distracted and or impaired driving
To increase transparency between community members and the police department
OBJECTIVES 1. Re-establish the School Resource Officer program in all Niles Schools 2. Community Policing initiative in the neighborhoods, including a neighborhood watch program 3. Traffic Safety initiative around schools, targeted neighborhoods and high risk intersections 4. Business Crime Reduction Initiative 5. Family oriented community relations program 6. Senior Crime Reduction Awareness Measures outreach program 7. Auxiliary Services Unit
INITIATIVES - OVERVIEW The School Resource Officer program (SRO) will be re-instated to a full- time dedicated officer. The Officer’s responsibility will follow the tenants of the SRO program, mentor, educator and law enforcement officer. The SRO program will reach out to all grade levels within the Village. In addition the SRO program will partner with local community organizations that address drug, alcohol and addiction issues, this may include: . MCYAF . Niles Family Services . Other Organizations as identified
SCHOOL RESOURCE OFFICER PROGRAM The C.O.R.E. Team is a multi-faceted program. It includes the creation of the village being sub divided into 16 individual beats. Each beat will be assigned two officers, who work on different shifts. The assigned beat officers will be responsible in following up on issues that impact their specific beat. This may include: Crime Prevention Notices Police Reports Filed Neighbor Complaints Quality of Life issues Crime Free Housing Program Each CORE Team member will be supported by members of the Crime Prevention Bureau.
COMMUNITY ORIENTED REACTION TEAM
The Traffic Safety Unit (TSU) is tasked with enforcement in all areas of traffic safety with special emphasis on distracted and impaired driving. The TSU will also target specific neighborhoods based upon the Village of Niles, Traffic Calming program (TCP) and Neighborhood Complaints forum. The TSU will target:
. Truck- operation with unsafe equipment & overweight.
. Distracted & impaired driving
. Unsafe intersection or areas identified by the TCP The TSU will be supported through the use of hi-tech speed analysis equipment. The TSU will be supported by a civilian members of the Crime Prevention Bureau.
TRAFFIC SAFETY UNIT The Theft Awareness Program (TAP) recognizes that crime that affect the business community in Niles frequently impacts multiple establishments in quick successive bursts. As a result the T.A.P. program will provide a series of approaches with the goal of reducing that impact by:
. Educating local business partners in the following: . Robbery/Theft prevention . Identity Theft trends . The creation of a regional notification system that will provide our local business partners with information regarding current theft crews that our targeting our community. . Omnipresence patrol of our retail community partners parking lots and business locations by the Auxiliary Services Unit. The TAP program will be supported by members of the CPB, key members from the Operations Division and Auxiliary Services. THEFT AWARENESS PROGRAM The Community Affairs Team (CAT) involves all personnel of the Niles Police Department. The Community Affairs Team’s will be an interactive neighborhood program. The goal is to provide resources to families by building relationships one neighborhood at a time, through police -resident contact. This will be accomplished by: . Block Party Program . Mobile Outreach Program– Mobile Command Unit usage . Coffee-With-A-Cop . Event specific contact – NNO, 4th of July, Holly Jolly, Harvest Hustle, etc. . Walking Patrol by both Sworn Police Officers and Auxiliary Services Unit members . Citizens Police Academy The Community Affairs Team will be supported by our Volunteers In Police Service (VIPS) members.
COMMUNITY AFFAIRS TEAM The SCRAM program recognizes that Senior Citizens and future seniors are targeted at an ever increasing rate. The SCRAM program will continue to deliver monthly presentations on crimes that impact our senior citizen community. In addition, outreach and follow up on crimes that have occurred involving senior citizens will be conducted by members from our Community Affairs Team to offer support, guidance and tools to reduce their likelihood of being impacted by a crime. The SCRAM program will look to reach out to a greater portion of our senior community through:
. Assisted living facilities . Residential Association . Local Church and Community groups The SCRAM program will be supported by sworn and civilian members of the CPB and our VIPS program.
SCRAM PROGRAM Identification of Target Areas Training of Staff Through review of crimes through Training will be conducted amongst data analysis and crime mapping. all members of the Niles Police Department to include 1. Community partner requests . Program scope & Core Objectives 2. Village department requests . Job specific responsibilities 3. Residential complaints or requests . Cross training 4. CORE Team member requests
HOW WILL THIS BE ACCOMPLISHED TO MAKE THE VILLAGE OF NILES A SAFER COMMUNITY FOR ALL NILES RESIDENTS AND BUSINESS PARTNERS
“IT’S POSSIBLE HERE”
Portable Noise Monitor Report
Chicago O’Hare International Airport
Site G 8104 Wisner Street, Niles April 9, 2017 through July 10, 2017
Visit the O’Hare Noise webpage on the Internet at USH09-ILH15-ILS08 www.flychicago.com/ORDNoise Portable Noise Monitor Report
City of Chicago Department of Aviation Portable Noise Monitor Report Chicago O’Hare International Airport
Site G deployed at 8104 Wisner Street, Niles April 9, 2017 to July 10, 2017
Report Descriptions
Background
Installed in 1996, the Airport Noise Management System (ANMS) enables the City of Chicago to monitor the amount of noise being generated over the communities surrounding O’Hare by the aircraft operating at the Airport. The ANMS collects, analyzes and processes data from a number of sources of information including a network of 44 noise monitors around O’Hare and Midway, Federal Aviation Administration (FAA) radar data, weather data and noise complaints. Over 150,000 flights and 400,000 noise events are recorded by the ANMS each month for the Chicago Department of Aviation (CDA). The City of Chicago and the O’Hare and Midway Noise Compatibility Commissions utilize data from the ANMS to facilitate the development and management of noise abatement programs at the Airport.
The purpose of the portable noise monitors is to provide aircraft noise information at specific residences that may be of interest to citizens living around the airport. The City also uses this data to supplement the noise data measured by the permanent sites. The following paragraphs summarize pertinent information from the data collected at the portable noise monitoring site.
Description of Noise Monitoring Location
The noise monitor was placed at 8104 Wisner Street, Niles between April 9 and July 10, 2017. The monitor was located approximately 5.5 miles northeast from the center of the airport, as shown on the vicinity map
Chicago Department of Aviation Page 1 Printed August 2017 Portable Noise Monitor Report
on page 4. The operations that primarily affected this location during the monitoring period were Departures on Runways 9R and 10L as shown on the map on page 12.
Runway Use Reports
O’Hare has eight runways that are all utilized at different times depending primarily upon the prevailing wind conditions on the airfield, as well as any runway maintenance. Aircraft performance requirements make it necessary for aircraft to depart and land into the wind for safety purposes.
The Runway Use Report presents the average daily runway use and the percentage of use for each runway. The percentage of use of each runway is also shown graphically at the bottom of the page for departures and arrivals separately.
Noise Level Reports
The Noise Level Reports summarize measurement results at the noise monitoring site. The data presented summarizes the noise levels and the individual measured aircraft events. The noise data presents the measured noise during the period of the measurements for aircraft, community and total noise in Day-Night Average Sound Levels (DNL’s). DNL is a 24-hour time-averaged sound exposure level with a 10 decibel (dB) nighttime (10 p.m. to 7 a.m.) weighting to account for the lower background noise levels during the nighttime hours. Aircraft noise is noise attributable to aircraft operating at O'Hare. Community noise is noise from all other sources such as highways, railroads as well as background noise. Total noise is both sources combined logarithmically. The relative noise level of each of these sources is also shown graphically in this report.
The daily aircraft noise level varies from day to day. This is primarily because different runways are used under different wind conditions which affect where the aircraft fly. The daily noise levels measured, while this monitor was at this location, are only a short sample and are indicative of the levels during the time period when the monitor was installed. The measured noise levels in this report are not necessarily representative of the noise level on an annual basis, nor are they used to determine eligibility for the Residential Sound Insulation Program.
Chicago Department of Aviation Page 2 Printed August 2017 Portable Noise Monitor Report
The average number of measured aircraft events per day is also summarized in the table for each site. This includes a summary of all measured aircraft events as well as the number of noise level events above 85 dB. The total measured aircraft events are also shown graphically in the table on page 9.
Top Noise Level Reports
The 25 loudest aircraft noise events, while the monitor was at this location, are shown in the attached report with the highest event presented at the top. This report lists the date and time of the noise event, the noise level of the event and the type of aircraft that was identified as causing that event.
The noise data presented for each aircraft event is the Lmax. The Lmax is the maximum or peak level that the noise reached during the aircraft overflight. When comparing Aircraft Noise Levels to other everyday sounds the Lmax is the appropriate measure to use.
Operational information includes which runway the aircraft used, if it was a departure or arrival (D or A), the airline, and the aircraft type. FAR Part 36 is a government regulation that certifies the noise levels of different aircraft types with Stage 2 generally being the louder aircraft and Stage 3 the quieter aircraft. All louder Stage 2 aircraft weighing more than 75,000 lbs. were phased out of operation after December 31, 1999.
The data shows that the aircraft that generated the highest noise events were departures by MD-80’s (McDonnell Douglas 80).
Aircraft Operations within the Vicinity of the Noise Monitor
The map on page 12 shows a graphical representation of traffic that flew within the vicinity of the monitoring location. A virtual gate was established to extend one mile on either side of the monitoring location. The day that presented the highest daily level of aircraft noise for the monitoring period was chosen to display. Green tracks represent aircraft that departed O’Hare and red tracks represent arrivals that flew within the vicinity of the monitoring location. Also included in the analysis is a penetration plot showing the altitudes of the aircraft that flew through the established gate.
Chicago Department of Aviation Page 3 Printed August 2017
Runway Use Report Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Time of Day: All Hours
Runway Use (All Hours) Source: Airport Noise Management System (ANMS)
Runway Utilization 4L 4R 9L 9R 10L 10C 10R 15 22L 22R 27L 27R 28L 28C 28R 33 Average Daily Operations Departures 6002882492002210100640117 Arrivals 0 6 197 12 20 235 73 1 5 7 277 165 0 178 14 n/a Percentage Utilization Departures 0% 0% 0% 24% 21% 0% 0% 0% 19% 0% 0% 0% 0% 1% 34% 1% Arrivals 0% 1% 16% 1% 2% 20% 6% 0% 0% 1% 23% 14% 0% 15% 1% 0%
Departures Arrivals 40% 40%
30% 30%
20% 20%
10% 10%
0% 0%
Percentage Departure Utilization Percentage Arrival Utilization
0 1 #R #
0 0 16 14
1 0
0 24 1 23
0 0 34 21 2 1
1 0 20 15
0 6 0 0 # # 0 0 0 0 19 1
Chicago Department of Aviation Page 5 Printed August 2017 Noise and Aircraft Events Report Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Site: G - 8104 Wisner Street, Niles
Measured DNL Aircraft Noise Events Day Daily Loud Events Aircraft Community Total Events >85 Lmax
Apr 9 40.2 55.8 55.9 10 0 Apr 10 56.6 56.4 59.5 69 0 Apr 11 38.8 52.6 52.8 13 0 Apr 12 52.7 54.1 56.4 83 0 Apr 13 56.0 55.1 58.6 94 0 Apr 14 54.3 56.7 58.6 82 0 Apr 15 27.3 57.2 57.2 1 0 Apr 16 28.2 58.1 58.1 2 0 Apr 17 52.1 57.0 58.2 65 0 Apr 18 44.6 56.0 56.3 4 0 Apr 19 53.2 56.1 57.9 104 0 Apr 20 33.1 58.0 58.1 1 0 Apr 21 51.6 60.0 60.6 54 0 Apr 22 50.3 53.6 55.3 50 0 Apr 23 52.1 54.8 56.7 54 0 Apr 24 ------Apr 25 ------Apr 26 33.2 54.8 54.9 1 0 Apr 27 31.1 56.8 56.9 4 0 Apr 28 56.7 59.4 61.3 123 0 Apr 29 55.4 59.6 61.0 95 0 Apr 30 56.8 57.6 60.3 155 0 May 1 41.2 60.0 60.1 5 0 May 2 41.8 56.7 56.8 5 0 May 3 46.7 54.7 55.3 41 0 May 4 55.0 56.0 58.6 69 0 May 5 52.1 59.0 59.8 49 0 May 6 52.1 57.5 58.6 54 0 May 7 49.1 55.7 56.6 41 0 May 8 53.3 57.1 58.6 83 0 May 9 54.3 57.5 59.2 108 0 May 10 56.1 56.1 59.1 161 0 May 11 55.7 59.6 61.1 59 0 May 12 55.8 59.9 61.3 96 0 May 13 47.0 56.8 57.2 17 0 May 14 54.1 56.6 58.5 84 0 May 15 54.6 56.1 58.4 105 0 May 16 29.8 56.8 56.8 2 0 May 17 54.5 58.9 60.2 83 0 May 18 ------
Note: Total DNL represents the logarithmic sum of Aircraft and Community noise. --No data due to equipment malfunction.
Chicago Department of Aviation Page 6 Printed August 2017 Noise and Aircraft Events Report, Continued Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Site: G - 8104 Wisner Street, Niles
Measured DNL Aircraft Noise Events Day Daily Loud Events Aircraft Community Total Events >85 Lmax
May 19 ------May 20 ------May 21 ------May 22 ------May 23 ------May 24 ------May 25 ------May 26 53.9 61.8 62.5 94 0 May 27 54.9 56.5 58.8 107 0 May 28 51.1 55.7 57.0 26 0 May 29 39.0 57.0 57.1 10 0 May 30 44.7 55.0 55.4 7 0 May 31 38.1 55.7 55.8 7 0 Jun 1 47.3 55.7 56.3 32 0 Jun 2 50.7 58.7 59.3 32 0 Jun 3 52.1 55.5 57.1 71 0 Jun 4 43.7 55.2 55.5 20 0 Jun 5 52.9 56.1 57.8 76 0 Jun 6 53.6 56.0 58.0 76 0 Jun 7 53.3 55.1 57.3 72 0 Jun 8 37.3 56.1 56.2 4 0 Jun 9 50.3 60.1 60.6 49 0 Jun 10 31.3 57.2 57.2 4 0 Jun 11 23.6 58.0 58.0 1 0 Jun 12 29.4 57.8 57.8 2 0 Jun 13 55.5 58.5 60.2 148 0 Jun 14 54.6 58.2 59.8 44 0 Jun 15 39.3 59.0 59.1 5 0 Jun 16 ------Jun 17 ------Jun 18 ------Jun 19 ------Jun 20 54.7 57.3 59.2 104 0 Jun 21 54.9 56.4 58.7 155 0 Jun 22 34.2 58.1 58.1 1 0 Jun 23 48.6 61.9 62.1 29 0 Jun 24 50.6 56.3 57.3 44 0 Jun 25 52.5 54.4 56.6 48 0 Jun 26 35.2 54.4 54.5 4 0 Jun 27 36.1 55.0 55.0 7 0
Note: Total DNL represents the logarithmic sum of Aircraft and Community noise. --No data due to equipment malfunction.
Chicago Department of Aviation Page 7 Printed August 2017 Noise and Aircraft Events Report, Continued Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Site: G - 8104 Wisner Street, Niles
Measured DNL Aircraft Noise Events Day Daily Loud Events Aircraft Community Total Events >85 Lmax
Jun 28 28.7 59.0 59.0 2 0 Jun 29 38.1 57.9 58.0 3 0 Jun 30 49.2 59.8 60.1 48 0 Jul 1 34.2 59.1 59.1 7 0 Jul 2 53.3 56.4 58.1 50 0 Jul 3 ------Jul 4 ------Jul 5 52.9 56.4 58.0 106 0 Jul 6 44.4 56.2 56.4 5 0 Jul 7 55.0 57.5 61.0 122 0 Jul 8 51.2 54.8 56.4 45 0 Jul 9 21.7 54.0 54.0 1 0 Jul 10 52.5 58.3 59.3 57 0
Average DNL Average Average Aircraft Community Total All Events >85 Lmax 51.7 57.4 58.5 50 0
Note: Total DNL represents the logarithmic sum of Aircraft and Community noise. --Excluded due to high community noise.
Chicago Department of Aviation Page 8 Printed August 2017 Aircraft Noise Events Graph Report (Lmax) Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Site: G - 8104 Wisner Street, Niles
Total Number of Measured Aircraft Noise Events 400
350
300
250
200
150 Number of Events 100
50
0 20 31 42 53 64 75 86 97 108 dBA Max Noise Levels
Chicago Department of Aviation Page 9 Printed August 2017
Loudest Aircraft Noise Events Report Chicago O'Hare International Airport Period: April 9, 2017 to July 10, 2017 Site: G - 8104 Wisner Street, Niles
1 Aircraft Airline Event Time Aircraft Stage Ops Rwy Lmax Graph Of Lmax
75 85 95 May 12, 13:51 MD83 3 D 9R 84.8 Apr 30, 17:30 MD83 3 D 9R 84.7 Apr 12, 13:15 MD82 3 D 9R 84.5 Apr 12, 17:29 MD82 3 D 9R 84.5 May 07, 17:44 MD83 3 D 9R 84.2 May 26, 10:27 MD83 3 D 9R 83.8 Apr 29, 18:09 MD88 3 D 9R 83.8 Apr 14, 17:52 MD83 3 D 9R 83.7 Jul 05, 09:29 MD83 3 D 9R 83.5 Apr 28, 16:21 B744 3 D 9R 83.5 Jul 05, 10:26 MD83 3 D 9R 83.4 Apr 19, 12:41 MD83 3 D 10L 83.4 May 07, 15:11 MD82 3 D 9R 83.4 Jun 13, 14:27 MD83 3 D 9R 83.3 May 04, 15:05 B744 3 D 10L 83.2 May 08, 14:04 MD83 3 D 9R 83.2 Jul 05, 10:25 MD83 3 D 9R 83.0 Jun 03, 17:49 MD88 3 D 9R 83.0 Apr 12, 17:59 MD88 3 D 9R 82.9 May 11, 16:04 MD82 3 D 9R 82.7 May 08, 11:33 MD88 3 D 9R 82.5 May 12, 07:09 MD88 3 D 9R 82.4 May 03, 17:08 MD83 3 D 9R 82.4 Apr 13, 17:26 MD82 3 D 9R 82.4 Jun 03, 16:27 B744 3 D 9R 82.3
1 "D" represents departures, "A" represents arrivals.
Chicago Department of Aviation Page 11 Printed August 2017 Gate Location Report Chicago O'Hare International Airport Period: April 30, 2017 Operations: Arrivals and Departures Site: G - 8104 Wisner Street, Niles Summary
Arrivals: 17 Departures: 140 Total Operations: 157 Operations Left of Center: 70 (45%) Operations Right of Center: 87 (55%)
Source: Airport Noise Management System (ANMS) : Left Boundary of Gate : Center of Gate : Right Boundary of Gate
Chicago Department of Aviation Page 12 Printed August 2017 Aircraft Altitude Report Chicago O'Hare International Airport Period: April 30, 2017 Operations: Arrivals and Departures Site: G - 8104 Wisner Street, Niles Summary
Arrivals: 17 Departures: 140 Total Operations: 157 Operations Left of Center: 70 (45%) Operations Right of Center: 87 (55%)
11,000
10,000
9,000
8,000
7,000
6,000
5,000
4,000
3,000 Above Airport Elevation (feet) (feet) Elevation Airport Above
2,000
1,000
0 -1.0 -0.8 -0.6 -0.4 -0.2 0.0 0.2 0.4 0.6 0.8 1.0
Deviation From Center of Gate (miles)
Note: Airport elevation is based on published aeronautical charts Source: Airport Noise Management System (ANMS) Chicago Department of Aviation Page 13 Printed August 2017
O’Hare Noise Hotline: 1-800-435-9569 www.flychicago.com/ORDNoise
117th JOIN US IN NILES! Anniversary
JOIN US IN NILES!Religious Feast HONORING MARIA SS. LAURETANA OF ALTAVILLA MILICIA LABOR DAY WEEKEND SEPTEMBER 1 - 4, 2017 GREAT ITALIAN FOOD RIDES • GAMES • FIREWORKS
Visit our website: mariasslauretana.com Join us again in Niles on Church Street between Greenwood and Cumberland (Adjacent to Golf Mill Park and the south side of the Golf Mill Shopping Center) Presented by the Deputazione, Fratellanza & Sorrellenza of the Maria SS. Lauretana Society of Alta Villa Milicia ENTERTAINMENT SCHEDULE ON REVERSE Religious Services: SOLEMN NOVENA From August 24th to August 31st at 7:30 PM At The Chapel of The Blessed Mother, 5854 W. Lawrence Avenue, Chicago, IL September 1st - Final Novena on the Festival Grounds SUNDAY, SEPT. 3rd FIELD MASS AT 10:00 AM 9:00 am Procession of Torches on Church Street Followed By Solemn High Mass at 10:00 am in Golf Park Celebrated By: Bishop Raymond Goedert, Rev. Gino Dalpiaz, C.S., and Rev. Augusto Feccia, C.S. Beato Giovanni Battista Scalabrini Choir directed by LILIANA BARTOLOTTA 3:00 pm Traditional Procession with The Venerated Image of Maria SS. Lauretana Followed By: The Traditional Flight of the Angels SPECTACULAR FIREWORKS – Approximately 9:00 PM Entertainment: NIGHTLY CONCERTS BY: SICILIAN BAND OF CHICAGO FRIDAY NIGHT SEPT. 1st MONDAY NIGHT SEPT. 4th THE TONY OCEAN BAND: 8:45 PM APPROXIMATELY: 7:00 PM
SATURDAY NIGHT SEPT. 2nd VINCENZO MIKE & LA FRONZA VITTORIA
THE WIND GYPSYS: 4:30 PM DJ ALEX TONY SPAVONE
EMCEE GINO NUCCIO
7th heaven: 9:00 PM BOARD AGENDA ITEM EXPLANATION FORM
Board Approval - Additional Scope of Services with Strand Associates, Inc. for Reservoir Observation and Rehabilitation in the Amount of $50,000 Meeting 8/22/2017 Item Number 1 Date Action REQUEST FOR BOARD APPROVAL Requested Mary Anderson, Director of Public Requested by Services Assigned to: Trustee Matyas Prepared Tom Powers, Village Engineer by
ATTACHMENTS: Type Description Department Memo * Memo Agreement * Agreement Backup Material * Previous Agreement Backup Material Change Order 1
MOTION I move for Board approval of additional scope of services against P.O. P47793 with Strand Associates, Inc. for Reservoir Observation and Rehabilitation Design in the amount of $50,000.
REASON FOR REQUEST / BACKGROUND During the inspection of the reservoirs the scope of work was expanded based on the condition of the reservoirs. The Village also budgeted to carry over the design engineering into the construction phase to provide additional assistance during construction.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 5020 Total Amount for Approval $50,000
ACCT# 3810 Budget Amount $50,000
Variance $
BOARD AGENDA ITEM EXPLANATION FORM
Approval of Minutes - July 25, 2017 Regular Board Meeting Meeting 8/22/2017 Item Number 1 Date Action REQUEST FOR BOARD APPROVAL Requested Village Clerk Marlene Requested by Victorine Assigned to: Prepared by Village Clerk Marlene Victorine
ATTACHMENTS: Type Description Minutes * July 25, 2017 Minutes Exhibit * Minutes Exhibit 1
MOTION I move for Board approval of the July 25, 2017 Regular Board Meeting minutes.
REASON FOR REQUEST / BACKGROUND
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance BOARD AGENDA ITEM EXPLANATION FORM
Ordinance Accepting a Plat of Utility Easement for Certain Property Located at 9201 North Maryland Street in the Village of Niles Meeting Date 8/22/2017 Item Number 2
Requested by Mary Anderson, Director of Public Services Action Requested ORDINANCE
Prepared by Tom Powers, Village Engineer Assigned to:
ATTACHMENTS: Type Description Department Memo * Board Memo Ordinance Ordinance Exhibit Plat of Easement
MOTION I move for Board Approval of an Ordinance accepting a plat of utility easement for certain property located at 9201 North Maryland Street in the Village of Niles.
REASON FOR REQUEST / BACKGROUND A utility easement is being granted to the Village of Niles as part of the property redevelopment process.
Will this action involve an expenditure of funds? No
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance ORDINANCE 2017-
ORDINANCE ACCEPTING A PLAT OF UTILITY EASEMENT FOR CERTAIN PROPERTY LOCATED AT 9201 NORTH MARYLAND STREET IN THE VILLAGE OF NILES
NOW, THEREFORE, BE IT ORDAINED, by the President and the Board of Trustees of the Village of Niles, Cook County, Illinois, as follows:
SECTION 1: The Plat of Utility Easement for property commonly known as, 9201 North Maryland Street, as further described and situated in the Village of Niles, Cook County, Illinois, be the same hereby accepted and attached as Exhibit “A”, hereto and incorporated herein by reference:
THAT PART OF THE NORTHEAST 114 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED BY A LINE DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF MARYLAND STREET, HERETOFORE DEDICATED, 175.0 FEET EASTERLY OF THE INTERSECTION OF SAID LINE WITH THE NORTHEASTERLY LINE OF MILWAUKEE AVENUE, AS WIDENED, BEING THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF ILLINOIS RECORDED IN THE RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS AS DOCUMENT NUMBER 18193647; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MARYLAND STREET, 331.39 FEET TO THE NORTHWESTERLY CORNER OF LOT 1 IN CALLERO AND CA TINOS GOLFVIEW GARDENS, BEING A SUBDIVISION IN SAID NORTHEAST 114; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 1, 145.0 FEET TO THE SOUTHWESTERLY CORNER THEREOF, BEING ALSO A POINT ON THE NORTHWESTERLY LINE OF THE RESUBDIVISION OF GOLF MILL SUBDIVISION, A SUBDIVISION IN SAID NORTHEAST 114; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID RESUBDIVISION, 185.19 FEET TO AN INTERSECTION WITH A LINE 147.84 FEET NORTH, AS MEASURED ALONG THE ORIGINAL CENTER LINE OF MIL WAUKEE AVENUE AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE WEST ALONG SAID PARALLEL LINE, 183.13 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE NORTHEASTERLY LINE OF MILWAUKEE AVENUE AS WIDENED, AS AFORESAID, AND DRAWN THROUGH THE PLACE OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID LINE, 206.68 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
SECTION 2: The Village is obligated to give unto the grantors One Dollar and Zero Cents ($1.00) in consideration for the plat of utility easement as referenced. Ordinance 2017-
SECTION 3: The Village shall hereby file a certified copy of the Ordinance and Plat of Utility Easement with the Recorder of Deeds of Cook County, Illinois.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
SECTION 5: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict.
SECTION 6: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.
PASSED: This 22nd day of August, 2017 AYES: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing the Renewal of the Lease Agreement and Vehicle Storage Agreement with SVAP Golf Mill Retail, L.P. for Niles Teen Center for One Year in the Amount of $16,200 Meeting Date 8/22/2017 Item Number 3
Requested by Mark Williams, Teen Center Director Action Requested RESOLUTION
Prepared by Mark Williams, Teen Center Director Assigned to:
ATTACHMENTS: Type Description Resolution Resolution Agreement * 2nd Lease Amendment Exhibit * Vehicle Storage Agreement Exhibit Current Lease 7/24/15
MOTION I move for Board approval of a resolution authorizing a second amendment to the lease and vehicle storage agreement with SVAP Golf Mill Retail, L.P. for Niles Teen Center.
REASON FOR REQUEST / BACKGROUND The new lease term is for October 1, 2017 through September 30, 2018. This is the second extension with SVAP Golf Mill Retail. There is no increase in the facility rental costs and there are no material changes to the terms of the lease.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 1070 Total Amount for Approval $16,200
ACCT# 3040 Budget Amount $16,200
Variance $0
RESOLUTION 2017-
RESOLUTION AUTHORIZING A SECOND AMENDMENT TO THE LEASE AGREEMENT AND VEHICLE STORAGE AGREEMENT WITH SVAP GOLF MILL RETAIL, L.P. FOR NILES TEEN CENTER
WHEREAS, the Village of Niles has determined that the Teen Center is important to the residents and is an integral part of Village services; and
WHEREAS, on June 23, 2015, the President and Board of Trustees authorized the contractual lease agreement and vehicle storage agreement for the Teen Center set to expire on September 30, 2017; and
WHEREAS, SVAP Golf Mill Retail, L.P. and the Village of Niles have agreed to extend the term of the lease agreement and vehicle storage agreement for period of one year commencing as of October 1, 2017 and ending September 30, 2018.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby authorize the President or his designee of the Village of Niles to execute the first amendment to the lease agreement and vehicle storage agreement with SVAP Golf Mill Retail, L.P.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk LEASE AGREEMENT GOLF MILL SHOPPING CENTER
THIS LEASE AGREEMENT( this" Lease"), dated as of 2015( the" Effective Date"), is between SVAP GOLF MILL RETAIL, L.P., a Delaware limited partnership(" Landlord'), and VILLAGE OF NILES, ILLINOIS(" Tenant"). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, the Premises( as defined below), subject to the terms set forth in this Lease.
1. Definitions; Interpretation.
1. 1 Definitions. The following terms will have the following meanings in this Lease:
ADA" means the Americans with Disabilities Act of 1990, as amended from time to time, or any successor statute, together with all regulations promulgated thereunder.
Additional Rent" means, other than Base Rent all amounts, costs and expenses payable by Tenant to Landlord under this Lease.
Affiliate" means, with respect to any Person, any other Person that directly, or indirectly through one or more intermediaries, Controls, or is Controlled by, or is under common Control with, such Person.
Alteration" means any alteration, addition or improvement in or to the Premises of any kind or nature.
AmAicable Interest Rate" means the rate of eighteen percent( 18%) per annum or the maximum rate ofinterest allowed by law, whichever is lower.
Bankruotcv Code" means the Bankruptcy Code of 1978, 11 U.S. C. Section 101 et seq., as amended from time to time, or any successor statute, together with all regulations promulgated thereunder.
Base Rent" means the following amounts for the following period:
Period Annual Monthly Base Rent ` Base Rent
Commencement Date through the Expiration Date 16, 200.00 $ 1, 350.00
Blocked Person" means any Person with whom U.S. Persons are restricted from doing business under regulations of the Office ofForeign Asset Control of the U.S. Department ofthe Treasury( including those named on its Specially Designated and Blocked Persons List) or under any statute, executive order( including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental statutes, regulations, orders or directives.
Broker( s)"means Sterling Retail Services, Inc., a Florida corporation.
Building Standard" means the type, brand, grade or quality of materials Landlord designates from time to time to be the minimum quality to be used in the Center or, as the case may be, the exclusive type, brand, grade or quality ofmaterial to be used in the Center.
Center" means the center commonly known as Golf Mill Shopping Center, or such portion thereof, located upon the Land, including the building( s) situated on the Land, the Common Areas and all related improvements, whether currently located on the Land or constructed on the Land after the Effective Date, all as Landlord may from time to time modify in accordance with this Lease.
Claims" mean any claims, losses, damages, fines, penalties, demands, liabilities, costs, expenses, fees( including reasonable attorneys' fees and costs), actions, counterclaims, and obligations of any nature whatsoever.
Commencement Date" means October 1, 2015.
Common Areas" mean those areas and facilities which, from time to time, may be furnished by Landlord in or near the Center for the non- exclusive general common use oftenants and other occupants ofthe Center and their agents, employees and customers, including parking areas, driveways, loading docks, passageways, walkways, roofs, ramps, common seating areas, landscaped areas, stairways, escalators, elevators, restroom and other similar areas or facilities.
Control" means, with respect to any specified Person, the power to direct the management and policies and make all decisions on behalfof such Person, directly or indirectly, whether through the ownership ofvoting securities or other beneficial interest, by contract or otherwise; and the terms" Controlling" and" Controlled" will have the meanings correlative to the foregoing.
Early Termination Date" means the date designated in Section 51 by Landlord or Tenant in a written notice to the other party to terminate the Lease.
Effective Date" has the meaning set forth in the Preamble to this Lease.
P:\ Golf Mill Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl.doc Page 1 Emergency" means the threat of imminent injury or damage to Persons or property or the imminent imposition of a civil or criminal fine or penalty.
Environmental Law" means all applicable environmental ordinances, rules, regulations, statutes, orders, and laws of all local, state, or federal agencies or bodies with jurisdiction over the Premises or the Center or the activities conducted on the Premises or the Center, as amended from time to time, and any successor statutes, together with all regulations promulgated of 42 U.S. C.§§ 960 et thereunder, including the Comprehensive Environmental Response, Compensation and Liability Act 1980( seq.), the Hazardous Materials Transportation Act( 42 U.S. C.§ 1801 et seq.), and the Resource Conservation and Recovery Act 42 U.S. C.§§ 9601 et seq.).
Event of Default" means the occurrence of any of the events set forth in Section 19. 1 of this Lease or any other incident that is described as an Event of Default elsewhere in this Lease.
Expiration Date" means September 30, 2016.
Governmental Authority" means any federal, state, county, municipal or other governmental or quasi- governmental entity or any agency or any instrumentality thereof.
Governmental Requirement" means any law, statute, code, ordinance, regulation, permit, license or requirement of any Governmental Authority, as amended or enacted from time to time, including the ADA, Environmental Laws and any use, occupational or similar licenses applicable to Tenant in connection with Tenant' s use and occupation of the Premises.
Hazardous Materials' mean any hazardous materials, flammable explosives, radioactive materials, hazardous wastes, hazardous or toxic substances or related materials defined in and regulated by any Environmental Law.
HVAC" means heating, ventilation and air conditioning.
HVAC System" means the HVAC system servicing the Premises, including all HVAC units and all associated mechanical, electrical and plumbing components associated therewith.
Land" means the land described on Exhibit A to this Lease.
Landlord" has the meaning set forth in the Preamble to this Lease.
Landlord' s Property' means all fixtures, equipment, improvements, appurtenances, and carpeting attached to or built into the Premises at the Commencement Date or during the Term, whether or not by or at the expense of Tenant, and any personal property in the Premises on the Commencement Date, unless the personal property was paid for by Tenant. All Alterations, whether temporary or permanent in character, including the HVAC System, wall coverings, carpeting and other floor coverings, ceiling tiles, blinds and other window treatments, lighting fixtures and bulbs, built in or attached shelving, built in furniture, millwork, counter tops, cabinetry, all doors( both exterior and interior), bathroom fixtures, sinks, kitchen area improvements, and wall mirrors, made by Landlord or Tenant in or on the Premises will be deemed to be Landlord' s Property.
Landlord' s Recovery Costs" mean all costs and expenses ofevery kind and nature incurred by Landlord in connection with dispossessing Tenant from and re-letting the Premises after an Event ofDefault, including, but not limited to, all costs and expenses of improvements, alterations and repairs in or to the Premises as determined in Landlord' s sole discretion, to be necessary to enable Landlord to re-let the Premises, as well as the payment of any brokerage commissions.
Landlord' s Representatives' mean all direct and indirect members, partners, shareholders, directors, officers, employees, Affiliates, representatives and agents of Landlord.
Landlord' s Restoration Work" means the work described on Exhibit F to this Lease.
Late Charge" means an administrative fee of Five Hundred and 00/ 100 Dollars($ 500. 00).
Lease" means this Lease Agreement, together with all exhibits and riders, if any, attached to this Lease Agreement.
Mold" means mold, mildew, fungus or other potentially dangerous organisms.
Mold Condition" means the presence or suspected presence of Mold or any condition that reasonably can be expected to give rise to or indicate the presence of Mold, including observed or suspected instances of water damage or intrusion, the presence of wet or damp wood, cellular wallboard, floor coverings or other materials, inappropriate climate control, discoloration of walls, ceilings or floors, or complaints of respiratory ailment or eye irritation by Tenant' s employees or any other occupants or invitees in the Premises.
Mortgagee" means any Person holding, or the beneficiary under, from time to time a Superior Instrument constituting a mortgage, deed of trust or similar instrument encumbering the Center or any portion of the Center.
Partial Damage" means damage or destruction to the improvements to the Center, to the extent that the cost to repair
such damage or destruction is less than fifty percent( 50%) of the replacement cost of the improvements in the Center immediately prior to such damage or destruction.
Partial Taking" means any Taking of less than all of the Premises.
Permitted Use" means, on a non-exclusive basis, the Village of Niles program which provides social services and recreation for community youth.
P:\ GolfMill Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vLdoc Page 2 Person" means any person, corporation, partnership, limited liability company or other legal entity.
Plans" means a permit set( final construction drawings) of plans and specifications for any Alterations prepared by a licensed architect and/ or a licensed professional engineer, as the case may be.
Premises" means space in the Center commonly known as Unit 373, as of the Effective Date, as more particularly shown on Exhibit B attached to this Lease. Landlord and Tenant agree that, for the purposes ofall calculations under this Lease, the rentable square footage of the Premises will be deemed to be 2, 513 rentable square feet, and that there will be no re measurement of such square footage or adjustment of any amount calculated upon such square footage.
Previous Lease" means the Lease Agreement, dated September 24, 2014, between Landlord and Tenant with respect to the Premises.
Prohibited Use" means any exclusive or prohibited use set forth on Exhibit C attached to this Lease.
REA" means, collectively, any and all construction, operation and/ or reciprocal easement agreements, declarations of covenants and restrictions, easements and easement agreements, and other matters of record now or hereafter encumbering, affecting and/or benefiting the Center, all as same may be modified, amended, supplemented, and/ or amended and restated from time to time. As used in this Lease, the term" REA" shall be deemed to include, without limitation, those, documents, instruments, easements and agreements more particularly described on Exhibit I attached hereto and made a part hereof,as same may be modified, amended, supplemented, and/ or amended and restated from time to time.
REA Reauirement" means each term, covenant, condition, restriction and other requirement of any REA.
Recapture Option" means the option, but not the obligation, of Landlord to terminate this Lease as set forth in Section 13. 2 of this Lease.
Rent" means Base Rent and Additional Rent payable by Tenant to Landlord under this Lease.
Requirement" means, collectively, any Governmental Requirement and/ or REA Requirement.
Rules and Regulations" means the rules and regulations for the Center promulgated by Landlord from time to time. The Rules and Regulations which apply as of the Effective Date are attached as Exhibit D to this Lease.
Sign Criteria" means the sign criteria attached as Exhibit H to this Lease, as the same may be amended, from time to time, by Landlord.
State" means the State of Illinois.
Store Hours" means the operating hours for the Center, as adjusted by Landlord, from time to time.
Successor Landlord" means any Person who purchases the Center or otherwise succeeds to Landlord' s right, title and interest in and to this Lease through foreclosure, deed-in-lieu of foreclosure or otherwise.
Superior Instrument" means any ground lease, underlying lease, mortgage, deed oftrust or similar instrument, that may now or hereafter affect the Center or any portion of the Center, and all advances, renewals, modifications, replacements and extensions of any such ground lease, underlying lease, mortgage, deed of trust or similar instrument.
Taking" means if any portion of the Premises or any portion of the Center, as the case may be, is( i) taken or condemned through the exercise of the power ofeminent domain by any governmental or private board, body, or agency having the right to exercise such power, or( ii) conveyed by Landlord to any condemning authority under a threat of taking or condemnation before or after proceedings have been commenced to acquire the property by the condemning authority.
Tenant" has the meaning set forth in the Preamble to this Lease.
Tenant' s Property" means all( i) machinery, equipment and trade fixtures installed in the Premises by Tenant( without expense to Landlord) that can be removed without damage to the Premises or the Center, and( ii) furniture, merchandise and other moveable personal property owned by Tenant and located in the Premises.
Tenant' s Representatives" mean all Affiliates, representatives, employees, agents, contractors, subcontractors, customers and invitees of Tenant.
Term" means the period between the Commencement Date and the Expiration Date, as extended or sooner terminated under the terms of this Lease.
Total Destruction" means damage or destruction to the improvements to the Center, to the extent that the cost ofrepair such damage or destruction is fifty percent( 50%) or more of the replacement cost of the improvements in the Center immediately prior to such damage or destruction.
Total Taking" means the Taking of all of the Premises.
1. 2 Interpretation. Wherever the context permits, the singular will include the plural and the plural will include the singular. The use ofany gender will be deemed to include all or no genders. Whenever the word" including" is used in this Lease it will be deemed to mean" including, but not limited to" or" including, without limitation". The captions and section
P:\ Golf Mill Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl.doc Page 3 numbers in this Lease are for convenience of reference only and will in no way be used to construe or modify any terms set forth in this Lease. This Lease has been negotiated at arm' s length by Landlord and Tenant. Therefore, this will be interpreted without regard to any presumption or rule requiring construction against the party causing this Lease to be drafted.
2. Use of Premises.
2. 1 Use. Tenant is in possession ofthe Premises pursuant to the Previous Lease as ofthe Effective Date and will be deemed to have accepted possession ofthe Premises on the Commencement Date. Tenant will, during the Term, continuously use the Premises for the Permitted Use and to the extent that such use shall not violate or conflict with any Prohibited Use. Tenant will not use the Premises for any Prohibited Use or any other purpose or name whatsoever without Landlord' s prior written consent, which consent will be in Landlord' s sole discretion. Tenant acknowledges that Landlord has or may hereafter grant exclusive agreements and agreements imposing restrictions and/or prohibitions for the benefit of certain tenants) or other occupant( s) ofthe Center, and further acknowledges that such tenant(s) and/ or occupant(s) may be third- party beneficiaries of Tenant' s covenants and agreements set forth in this Section 2. 1 and that such covenants and agreements may be enforced directly by such third-party beneficiaries against Tenant in the event of Tenant' s violation thereof. The terms of this Section are in the nature ofrestrictive covenants affecting real estate and it will be unnecessary for Landlord to prove irreparable harm in order to obtain an injunction mandating compliance with this Section. Landlord makes no representation or warranty as to whether the Permitted Use is allowed under applicable Requirements. The failure of the Permitted Use to comply with applicable Requirements will not reduce or otherwise modify Tenant' s obligations under this Lease.
2. 2 Operation. The Premises will be fully staffed and continuously remain open for business to the general public at least during the Store Hours. If Tenant fails to continuously operate the Premises in accordance with this Section 2 for more than sixty( 60) days, then, in addition to all other rights and remedies available to Landlord, Landlord will have the right,but not the obligation, to terminate this Lease( without the payment of any termination fee or other compensation to Tenant) upon written notice to Tenant. If Landlord exercises such termination right, the effective date of termination will be thirty( 30) days after the delivery of Landlord' s notice therefor.
2. 3 Compliance. Tenant will, at Tenant' s sole cost and expense, occupy and use the Premises in compliance with all Requirements. If,as a result of Tenant' s use ofthe Premises or the making of any Alterations by Tenant, Landlord is required to make any additions, alterations or improvements to any part ofthe Premises or the Center to comply with any requirements of the ADA, Tenant will reimburse Landlord on demand for the costs incurred by Landlord to effect such compliance. Tenant will obtain all licenses and permits from time to time required to enable Tenant to conduct its business under this Lease. No failure of Tenant to obtain or maintain any licenses or permits, or extensions or renewals thereof, will reduce or otherwise modify Tenant' s obligations under this Lease. Tenant will not take any action to cause a cancellation or an increase in the rate of any insurance policy covering the Premises or the Center. If the use of the Premises by Tenant increases any insurance rate concerning the Center, Tenant will reimburse Landlord for the additional costs. Tenant will not occupy or use( or permit any other Person to occupy or use) the Premises for any immoral purpose or in any manner that would cause any nuisance in or about the Premises or the Center. Furthermore, Tenant will not commit or suffer to be committed any waste in or about the Premises. If Tenant fails to comply with this Section 2, then, in addition to all other rights and remedies available to Landlord, Landlord will have the right to seek injunctive relief to enforce this Section 2 without the necessity of having to post any bond or similar security.
3. Rent.
3. 1 Base Rent. Tenant will pay each monthly installment of Base Rent, in advance ofthe first day ofeach month during the Term commencing on the Commencement Date. Monthly installments for any fractional calendar month, at the beginning or end ofthe Term, will be prorated based on the number of days in such month within the Term. Tenant will pay all Rent, without demand, deduction, abatement or set off, to Landlord at the place specified for notice in Section 25 ofthis Lease or such other location as Landlord requests. Tenant also will pay a Late Charge for each payment of Rent which is not received within five( 5) days ofthe due date; provided, however, that the imposition of any Late Charge will not( a) extend the date for the payment of, or relieve Tenant of any obligation to pay, any sums required to be paid by Tenant under this Lease or( b) be construed as a cure for any Event of Default on the part of Tenant.
3. 2 Sales Tax. Tenant will pay to Landlord all sales or similar taxes payable to or levied or assessed by any applicable Governmental Authority on the payment or receipt ofany ofthe Rent payable to Landlord under this Lease. Tenant will make such payments to Landlord on a monthly basis together with the payment of Rent.
4. Intentionally Deleted.
5. Utilities. Tenant will be responsible, at Tenant' s sole cost and expense, for all utility services that exclusively serve the Premises irrespective of whether the utility services are located inside or outside the Premises. If any such utilities are not separately metered or sub-metered, or are used in common with other tenants in the Center, Tenant will pay Tenant' s share ofthe cost of such utilities as Additional Rent as reasonably determined by Landlord taking into account Tenant' s use of such utilities as well as the use of such utilities by other tenants of the Center served from any common meter. In no event will Landlord be liable for any damage to the Premises or property therein, loss of business, or otherwise, and in no event will Rent be abated, because of any interruption, modification or cessation of such utility services.
6. Tenant' s Alterations.
6. 1 Alterations. Tenant will not make any Alterations without Landlord' s prior written consent in each instance, which consent will not be unreasonably withheld; provided, however, that Landlord will not have any obligation to approve any Alterations affecting the structural or exterior portions ofthe Premises or any ofthe mechanical, electrical or plumbing systems servicing any part of the Premises or the Center. If, as a result of any Alterations, Landlord is required to make any improvements to the structural or exterior portions of the Premises or upgrade or otherwise modify any of the mechanical, electrical or plumbing systems serving any part ofthe Premises or the Center, Tenant will be solely obligated to pay for all costs
P:\ Go1fMi1I Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 4 and expenses associated with such improvements, upgrades and modifications. Landlord may, upon written notice to Tenant, require Tenant, at its sole cost and expense, to remove any Alterations( including those not removable without causing any damage to the Premises or the Center) and to restore the Premises to the same condition as when originally leased to Tenant, reasonable wear and tear excepted.
6.3 Compliance. Tenant will apply for all permits and licenses necessary to commence any Alterations promptly upon approval by Landlord of such Alterations. Any contractors performing any Alterations must be approved by Landlord. Landlord' s approval of any Alterations will not constitute a representation or other assurance that the same comply with Requirements. Prior to Tenant commencing any Alterations, Tenant will provide to Landlord, at Tenant' s expense, certificates of insurance for all policies of Tenant and Tenant' s contractors( including builder' s risk, commercial general liability and workers' compensation insurance), which certificates must be in all respects acceptable to Landlord. At Landlord' s option, Tenant will provide a payment and performance bond in the amount of Tenant' s Alterations and Tenant will deposit the cost of all Tenant' s Alterations into a construction escrow, with a title insurance company acceptable to Landlord. The terms of such escrow will provide for periodic payments directly to contractors upon the deposit ofall appropriate mechanic' s lien waivers and contractor' s affidavits duly executed and acknowledged before a notary public, necessary to ensure Landlord of lien-free construction. All Alterations will be performed in a good, workmanlike and lien free manner, using not less than Building Standard materials, in accordance with all Requirements and without any interference or disruption to Landlord or other tenants of the Center. Any damage to any part of the Center that occurs as a result of any Alterations will be promptly repaired by Tenant. If,as part of any Alteration, Tenant installs any equipment in excess of the capacity of any mechanical, electrical or plumbing lines in the Premises, then Tenant, at its sole cost and expense, will promptly make whatever changes are necessary to increase such capacity and otherwise remedy such condition to Landlord' s satisfaction. Tenant will also comply with the requirements set forth on Exhibit G to this Lease as well as all other reasonable rules and regulations concerning Alterations as Landlord may promulgate from time to time.
7. Property of Landlord and Tenant. All of Landlord' s Property will be and remain a part of the Premises at the expiration or earlier termination of the Term( without compensation to Tenant) and will not be removed or replaced by Tenant without the prior written consent of Landlord. On the expiration or earlier termination of the Term, if there is then no Event of Default, Tenant will at its sole cost and expense, remove from the Premises all ofTenant' s Property and will repair any damage to the Premises caused by the removal. If Tenant fails to remove Tenant' s Property, Landlord may do so and store, sell or dispose ofTenant' s Property in Landlord' s sole discretion and without any liability to Tenant, in which event the proceeds ofany such sale or other disposition will belong to Landlord. Furthermore, Landlord may charge the cost ofany such removal, storage or disposition to Tenant. This Section will survive the expiration or earlier termination of the Term.
8. Tenant' s Maintenance and Repair. Tenant, at its sole cost and expense, will keep the Premises at all times in good condition and repair, in a neat, clean and sanitary condition and in compliance with all Requirements. Except as otherwise provided in Section 9 below, Tenant, at its sole cost and expense, will maintain, repair and replace all parts of the Premises in good condition and repair including the HVAC System, all mechanical, electrical and plumbing systems servicing the Premises, and all fixtures and equipment located in, on or about the Premises, exterior and interior portions of all doors and lock sets, door frames, and door checks, interior windows, plate and window glass, floor coverings, wall coverings, decorations, furniture, fixtures, equipment and appliances. As part of its maintenance obligations, Tenant will enter into an annual maintenance contract with an HVAC company, fully licensed to repair HVAC units in the State of Illinois. The HVAC company will( a) regularly service and inspect the HVAC System on a monthly basis, changing belts, filters and other parts, as required,( b) perform Emergency repairs to the HVAC System, as required,( c) keep a detailed record ofall services performed to the HVAC System, and( d) prepare a yearly service report to be furnished to Tenant at the end of each calendar year. Tenant will furnish to Landlord, at the end of each calendar year, a copy of such yearly service report. Not later than thirty( 30) days after the Commencement Date and annually thereafter, Tenant will furnish to Landlord a copy ofthe HVAC maintenance contract and proof that the annual premium for the HVAC maintenance contract has been paid. The fact that Tenant enters into a HVAC maintenance contract will not limit Tenant' s obligation to maintain, repair and replace the HVAC System in accordance with this Section throughout the Term. Furthermore, Tenant, at its sole cost and expense, will repair any damage to the Premises caused by Tenant or any of Tenant' s Representatives. IfTenant fails to fulfill any of its obligations under this Section and such failure continues for five( 5) days after written notice from Landlord, Landlord may( in addition to any other right or remedy available to Landlord) perform such obligation on behalf of Tenant, in which event, the cost of performing such obligation, plus a ten percent( 10%) administrative charge, will be payable by Tenant as Additional Rent within ten( 10) days ofwritten demand from Landlord.
9. Landlord' s Maintenance and Repair. Landlord will maintain and repair only the roof, foundation and structural soundness ofthe exterior walls( excluding all windows and doors) ofthe Premises; provided, however, that unless attributable to the gross negligence of Landlord, and further subject to the waivers of subrogation set forth in this Lease, Landlord will not be responsible for any damage to the Premises, any improvements to the Premises or any property within the Premises caused by any roof leaks. Landlord makes no representations, warranties or covenants hereunder with respect to the moisture content ofthe foundation or floor slab ofthe Premises. Landlord will not be required to make any repairs or undertake any maintenance under this Section where the same were made necessary by any act or omission of Tenant or any of Tenant' s Representatives.
10. Condition of Premises. Tenant is fully familiar with the physical condition of the Premises and, Tenant will accept possession of the Premises on the Commencement Date in an " AS IS" " WHERE IS" condition ( and, except for the representations and warranties expressly made by Landlord in this Lease,) without any representation or warranty, express or implied by law, by Landlord or its agents, and without recourse to Landlord or its agents. Accordingly, Landlord will not perform any Alterations in order to make the Premises suitable and ready for occupancy and use by Tenant.
11. Manaeement and Operation of Common Areas. Landlord grants to Tenant and Tenant' s Representatives a non- exclusive license to use the Common Areas in common with others during the Term subject to the exclusive control and management thereof at all times by Landlord or others, and subject to all of the other terms, covenants and conditions of this Lease, including the Rules and Regulations. Except for particular parking spaces and areas, if any, designated from time to time by Landlord for reserved parking( such as" ATM" parking," Take Out" parking, or" Customer Only" parking) or for specific tenant parking, all parking in the Common Areas will be on an unreserved, first come, first served basis. Landlord will operate
P:\ Golf Mill Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl.doc Page 5 and maintain, or will cause to be operated and maintained, the Common Areas in a manner deemed by Landlord to be reasonable and appropriate and in the best interests of the Center. Landlord will have the right( a) to establish, modify and enforce reasonable Rules and Regulations from time to time with respect to the Common Areas;( b) to enter into, modify and terminate easements and other agreements pertaining to the use and maintenance ofthe Common Areas;( c) to close all or any portion of the Common Areas to such extent as may, in the opinion of Landlord, be necessary to prevent a dedication thereofor the accrual of any rights to any Person or to the public therein;( d) to close temporarily any or all portions of the Common Areas;( e) to discourage non-customer parking; and( f) to do and perform such other acts in and to the Common Areas as, in the exercise of good business judgment, Landlord will determine to be advisable. If the amount, size or configuration of any portion of the Common Areas will be diminished or changed,( i) this Lease will remain in full force and effect,( ii) Landlord will not be subject to any liability,( iii) Tenant will not be entitled to any compensation or reduction ofany Rent, and( iv) such diminution or change will not be deemed to be a constructive or actual eviction. Furthermore, Tenant will have no rights in the roofor exterior ofthe building or buildings of which the Premises constitute a part and will have no right to access the roof except as may be required in connection with Tenant' s maintenance of the HVAC System as set forth herein.
12. Insurance; Indemnity.
12. 1 Landlord' s Insurance. Landlord will, throughout the Tenn, procure and maintain insurance for the Center in amounts and type of coverage Landlord may determine, in its sole discretion, to be appropriate.
12. 2 Tenant' s Insurance. Tenant will, at its sole costs and expense, procure and maintain in the name ofTenant and naming Landlord, any company designated by Landlord for management ofthe Center, and the holder of,or beneficiary under, any Superior Instrument( including any Mortgagee) as an additional insured as their respective interests appear, the following insurance:
12. 2. 1 Special Form( formerly" all-risk") insurance, in an amount equal to the full replacement cost of all improvements, equipment and property of every designation and kind in or serving the Premises or for which Tenant is legally liable, with a maximum deductible of$ 1, 000;
12. 2. 2 business interruption insurance in an amount equal to the Rent payable hereunder for a period ofnot less than the total of twelve( 12) months;
12. 2. 3 Commercial General Liability Insurance, to include personal injury liability, contractual liability, non- owned automobile liability and owners' and contractors' protective insurance coverage, written on an occurrence basis with inclusive limits of not less than$ 2, 000,000 for bodily injury to any one or more Persons, or property damage, or such higher limits as Landlord, acting reasonably, requires from time to time, and containing severability of interests and cross-liability clauses;
12. 2. 4 plate glass insurance;
12.2.5 builder's risk insurance during the course ofany Alterations in amounts reasonably required by Landlord;
12.2.6 so called" Dram Shop" insurance ifalcoholic beverages are sold by Tenant on or offthe Premises for
consumption;
12.2. 7 Automobile Insurance on a primary and non-contributory basis covering all owned, non-owned and hired automobiles with limits of liability of not less than$ 1, 000,000 for bodily injury to any one person, and$ 1, 000,000 for property damage for each accident;
12. 2. 8 Umbrella or Excess Liability coverage in amounts not less than$ 5, 000,000 in excess of the CGL insurance required in Section 12. 2. 3 hereinabove;
12.2. 9 Worker' s Compensation Insurance covering all employees, agents and contractors of Tenant performing work in, on, or with respect to the Premises, in amounts not less than those required by applicable law;
12.2. 10 Employer' s liability insurance insuring against claims alleging employer negligence that result in work-related injuries, illness or death that are not covered under applicable workers compensation statutes in an amount not less than( i)$ 1, 000,000 bodily injury by accident,( ii)$ 1, 000,000 bodily injury by disease— policy limit, and( iii)$ 1, 000,000 bodily injury by disease— per employee; and
12.2. 11 any other form of insurance as Landlord reasonably requires from time to time.
12.3 Evidence of Insurance. Tenant's policies will:( a) contain the standard mortgage clause and contain a waiver of or authorization for waiver of any subrogation rights which Tenant's insurers may have against Landlord and those for whom Landlord is responsible;( b) be procured from insurance companies reasonably acceptable to Landlord and in a form reasonably satisfactory to Landlord;( c) be non-contributing with and apply only as primary and not as excess to any other insurance available to Landlord;( d) not be invalidated as to Landlord or the holder of, or beneficiary under, any Superior Instrument( including any Mortgagee) by reason of any breach or violation of any warranties, representations, declarations or conditions contained in the policies; and( e) contain an undertaking by the insurance company to notify Landlord and the holder of,or beneficiary under, any Superior Instrument( including any Mortgagee) in writing not less than thirty( 30) days prior to any material change, cancellation or termination. Tenant agrees that certificates of insurance in a form reasonably acceptable to Landlord, will be delivered to Landlord prior to Tenant occupying the Premises, and thereafter at least thirty( 30) days before the expiration dates of expiring policies.
12.4 Cancellation of Insurance. If(a) any insurance company ofLandlord cancels, threatens to cancel or reduces the coverage under any insurance policy for the Center by reason ofthe use and occupation ofthe Premises by Tenant, and( b) Tenant fails to remedy the condition giving rise to such cancellation, threatened cancellation or reduction ofcoverage within forty eight( 48) hours after written notice by Landlord to Tenant, Landlord may, at its option, either( i) exercise its rights of re-entry( including termination) under Section 19, or( ii) at Tenant's expense, enter upon the Premises and remedy the condition giving rise to the cancellation, threatened cancellation or reduction of coverage.
P:\ GolfMill Retail\ Leasing\ Draft Leases\Niles Teen Center\Niles Teen Center Lease vl.doc Page 6 12. 5 No Liability. Landlord will not be liable to Tenant for any Claims arising out ofany occurrence in or relating to the Center or the Premises, whether or not resulting from the acts or omissions ofany third party, or any other causes whatsoever, including any Claims arising out ofor caused by theft, explosion, falling plaster, steam, gas, electricity, water( including leaks from the roof ofthe Center or water intrusion from the street, surface or subsurface surrounding the Center), rain, snow, the backing up, leaking or malfunctioning of sewers, drains, pipes or plumbing systems or malfunctioning of climate control or electrical systems; provided, however that Landlord will be responsible to Tenant for Claims arising out ofthe gross negligence ofLandlord, but only to the extent that the Claims are not covered by any insurance which Tenant is obligated to maintain under Section 12.2 or any other insurance actually maintained by Tenant, in each case without taking into account any deductible or co-insurance provision contained in Tenant's coverage( s).
12. 6 Tenant' s Indemnity. Tenant will indemnify, defend( with counsel acceptable to Landlord) and hold harmless Landlord and Landlord' s Representatives from and against any and all Claims arising out ofor in connection with( a) any loss of life, personal injury or damage from the occupancy or use by Tenant of the Premises or any other part of the Center caused wholly or in part by any act or omission of Tenant or any of Tenant' s Representatives,( b) any breach of, or default under, any term or provision of this Lease by Tenant or any of Tenant' s Representatives( including any violation of the Rules and Regulations), and( c) any violation by Tenant or Tenant' s Representatives of any Governmental Requirements.
12. 7 Waiver of Subrogation. Landlord and Tenant each hereby waive any right of subrogation for any Claim covered by insurance( or that would have been covered if required insurance were maintained) that they or their insurance carrier(s) may, and any right of recovery or cause of action for injury or loss that they or any other person claiming by, through or under them may have to the extent that such injury or loss is covered by( a) insurance policies required to be obtained and maintained under this Lease, as if there were a zero deductible thereunder( or which would have been covered if the party claiming such right of subrogation or recovery or cause of action had carried the insurance required by this Lease), or( b) any other insurance maintained by the waiving party. Tenant and Landlord agree that all policies of insurance obtained by either of them will contain appropriate waiver of subrogation clauses.
13. Assignment: Subletting.
13. 1 Prohibitions. The identity and financial condition of Tenant is a material consideration ofLandlord entering into this Lease. Tenant will not, directly or indirectly, assign this Lease, sublet any portion ofthe Premises, or permit any portion of the Premises to be used or occupied by another Person, without obtaining the prior written consent of Landlord in each instance, which consent may be withheld or conditioned in Landlord's sole discretion.
13. 2 Conditions. Any( a) assignment or subletting made without Landlord's consent will be voidable by Landlord; b) consent by Landlord to any assignment or subletting will not relieve Tenant( or any Guarantor, as the case may be) from any obligations under this Lease( or the Guaranty, as the case may be); and( c) assignment or sublease must be in writing and signed by Tenant and the assignee or subtenant, as the case may be, setting forth the entire consideration being given and received, and consented to in writing by Landlord. Any consent to an assignment or subletting will only be for the Permitted Use and for no other purpose without obtaining the prior written consent of Landlord in each instance, which consent may be withheld or conditioned in Landlord's sole discretion. The acceptance of any Rent from any Person other than Tenant will neither be deemed to be a waiver by Landlord of any ofthe provisions of this Lease nor be deemed to be consent by Landlord to any assignment or sublease. If Landlord will consent to any assignment or sublease,( x) the assignee will assume all obligations of Tenant under this Lease,( y) the subtenant will acknowledge that( i) the sublease will be subject and subordinate to this Lease, and( ii) in the event of the termination of this Lease, the subtenant, at Landlord' s option, will attorn to Landlord, and( z) neither Tenant, Guarantor, nor any assignee nor any subtenant will be relieved of any liability under this Lease or under the sublease, as applicable, in the Event of Default by such assignee or subtenant, as the case may be, in the performance of any of the terms, covenants and conditions of this Lease. If Tenant will request the consent ofLandlord to any assignment or subletting, Tenant will pay, as Additional Rent, the amount of$2, 000 for Landlord's administrative and processing costs in connection therewith upon submission of such request regardless of whether or not Landlord consents to any such assignment or subletting. Upon receipt from Tenant of its request for consent to an assignment or sublease, Landlord will have a Recapture Option. IfLandlord exercises its Recapture Option, Tenant will surrender the entire Premises or the applicable portion thereof if a request to sublease without the payment of any termination fee or other compensation to Tenant) on the date set forth in Landlord' s recapture notice in accordance with the provisions of this Lease related to surrender of the Premises at the expiration of the Term. Ifthis Lease is terminated as to a portion of the Premises only, Base Rent shall be readjusted proportionately.
14. No Liens. Tenant will not, under any circumstances, have the power to subject the interest ofLandlord in the Premises or the Center to any lien of any nature whatsoever. It is understood that neither Tenant nor anyone claiming by, through or under Tenant, including contractors, subcontractors, materialmen, mechanics and laborers, will have any right to file or record any lien of any nature whatsoever on the Premises or the Center or any improvements therein or thereto. If, at any time, a lien or encumbrance is filed or recorded against the Premises or the Center as a result of any act or omission of Tenant or any of Tenant' s Representatives, Tenant will promptly remove such lien or encumbrance. If such lien or encumbrance has not been removed of record within ten( 10) days from the date of filing, such failure will be deemed to bean Event of Default and, in addition to any other remedies available to Landlord, Landlord will have the right, but not the obligation, to remove any such lien or encumbrance of record. In such event, Tenant will pay to Landlord, as Additional Rent, a sum equal to the amount Landlord was required to pay to remove such lien or encumbrance of record, plus all costs and expenses incurred by Landlord in connection therewith, including reasonable attorneys' fees and costs.
15. Damage and Destruction.
15. 1 Partial Damage. If, at any time during the Term, there is Partial Damage, Landlord may, at Landlord' s option, either( a) repair or restore such Partial Damage, in which event this Lease will continue in full force and effect, or( b) terminate this Lease upon written notice to Tenant within thirty( 30) days after the date of the occurrence ofsuch Partial Damage, in which event this Lease will terminate effective as of the date of the occurrence of such Partial Damage.
P:\ GolfMiII Retail\Leasing\ Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 7 15. 2 Total Destruction. If,at any time during the Term, there is a Total Destruction, Landlord may, at Landlord' s option, either( a) repair or restore such Total Destruction within twelve( 12) months ofthe date insurance proceeds are received by Landlord, in which event this Lease will continue in full force and effect, or( b) terminate this Lease upon written notice to Tenant within ninety( 90) days after the date of the occurrence of such Total Destruction, in which event this Lease will terminate effective as ofthe date of the occurrence of such Total Destruction.
15.3 Abatement of Rent. If a Partial Damage or Total Destruction renders the Premises un-tenantable, in whole or in part, and this Lease is not terminated as a result thereof, then Rent payable under this Lease for the period during which the repair or restoration ofthe Premises continues will be abated in proportion to the degree to which the Premises and/ or Tenant's use ofthe Premises is impaired as is equitable under the circumstances. Such abatement shall continue until the earlier of( a) one hundred twenty( 120) days after the date on which the Premises is delivered to Tenant with all repair/restoration work to be performed by Landlord under this Section 15 substantially completed, or( b) the date Tenant re- opens for business in the portion ofthe Premises previously rendered un-tenantable with all ofthe repair/restoration work to be performed by Landlord under this Section 15 substantially completed. Except for the abatement of Rent provided for herein, if any, Tenant will have no Claims against Landlord as a result of any Partial Damage or Total Destruction.
15.4 Additional Conditions. Notwithstanding anything set forth in this Section 15 to the contrary,( a) Landlord will not be obligated to commence any repairs until insurance proceeds are received by Landlord, and Landlord' s obligation under this Lease will be limited to proceeds actually received by Landlord under any insurance policies which have not been required to be applied toward the reduction of any indebtedness secured by a Superior Instrument,( b) Landlord' s obligations under this Section 15 will be limited to the scope of Landlord' s Restoration Work,( c) Landlord will have no obligation to repair, replace or rebuild any permanent leasehold improvements to the Premises or Tenant' s personal property, moveable trade fixtures or contents, and( d) no damage or destruction to the Premises will allow Tenant to surrender possession ofthe Premises or affect Tenant' s obligation to pay Rent, except as provided in Section 15. 3. Unless Landlord terminates this Lease under this Section 15, Tenant will repair and re- fixture all parts of the Premises, in a prompt and diligent manner, to a condition equal to that existing prior to its damage or destruction. Tenant will give Landlord prompt notice ofany damage or destruction to any portion of the Premises.
16. Takim!
16. 1 Partial Condemnation of Premises. If there is a Partial Taking of twenty five percent( 25%) or more ofthe usable area ofthe Premises, then Landlord will have the right to terminate this Lease by written notice to Tenant within sixty( 60) days after receiving notice of such Partial Taking, which termination will be effective as ofthe date Tenant ceases to have full possession ofthe Premises. Tenant will pay Landlord Rent through the date of such termination and Landlord will refund Tenant any Rent prepaid by Tenant for any period after such date oftermination. Furthermore, ifthere is a Partial Taking of(a) twenty five percent( 25%) or less of usable area of the Premises, or( b) twenty five percent( 25%) or more of the usable area of the Premises, but Landlord elects to extend or build an addition to the Center so that the usable area of the Premises is not less than seventy five percent( 75%) ofthe usable area ofthe Premises as ofthe date Landlord receives notice ofsuch Partial Taking, then this Lease will not terminate, but Base Rent payable under this Lease will be reduced in the same proportion that the rentable square footage ofthe Premises is reduced by or as a consequence of such Partial Taking.
16. 2 Total Condemnation of Premises. If there is a Total Taking, then this Lease will terminate as ofthe date Tenant ceases possession of the Premises. Tenant will pay Landlord Rent through the date of such termination and Landlord will refund Tenant any Rent prepaid by Tenant for any period after such date of termination.
16. 3 Condemnation of Center. If there is a Taking of more than twenty five percent( 25%) ofthe gross area ofthe Center, then Landlord will have the right to terminate this Lease by written notice to Tenant within sixty( 60) days after surrendering possession ofthe Center to such authority, which termination will be effective thirty( 30) days after the date of such termination notice. Tenant will pay Landlord Rent through the date of such termination and Landlord will refund Tenant any Rent prepaid by Tenant for any period after such date of termination.
16. 4 Condemnation of Common Areas. If there is a Taking of any part of the Common Areas,( a) except as otherwise hereinafter provided, this Lease will not terminate,( b) Rent payable under this Lease will not be reduced or abated, and( c) Tenant will not be entitled to any part ofthe compensation or damages awarded for such Taking. Furthermore, ifthe area ofthe Common Areas remaining following such Taking, plus any additional parking area provided by Landlord, is less than sixty five percent( 65%) of the square footage of the Common Areas at the time of such Taking, Landlord will have the right to terminate this Lease by written notice to Tenant within sixty( 60) days after surrendering possession of the Center to such authority, which termination will be effective thirty( 30) days after the date ofsuch termination notice. Tenant will pay Landlord Rent through the date of such termination and Landlord will refund Tenant any Rent prepaid by Tenant for any period after such date of termination.
16. 5 Compensation. All compensation and damages awarded for any Taking( including any Partial Taking or Total Taking) will be the sole property of Landlord, whether such compensation or damages will be awarded for the unexpired portion ofthe Term, diminution in the value of this Lease or otherwise. Tenant hereby assigns to Landlord all of Tenant's right, title and interest in and to any and all such compensation and damages; provided, however, that nothing in this Section 16 will be construed to preclude Tenant from prosecuting any separate Claim directly against the applicable authority( but not against Landlord) for the value of, damages to or the cost of removal of Tenant's Property which under the terms of this Lease would remain Tenant's Property upon the expiration ofthe Term, so long as such Claim will not diminish or otherwise affect Landlord' s compensation or damages awarded for any Taking( including any Partial Taking or Total Taking). Landlord will not be liable to Tenant or any ofTenant' s Representatives for any Claims( including any Claims for loss of property or loss ofbusiness) which Tenant or any of Tenant' s Representatives may suffer as a consequence of any Taking( including any Partial Taking or Total Taking).
17. Access. Tenant will permit Landlord to enter the Premises at all reasonable times, and on reasonable advance oral or
P:\ GolfMill Retail\Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 8 written notice, for the purposes of( a) inspecting the Premises,( b) making repairs, alterations or improvements required or permitted to be made by Landlord under this Lease,( c) facilitating repairs, alterations or improvements to other parts of the Center, and( d) showing the Premises to prospective purchasers, the holder of(or beneficiary under) any Superior Instrument or other tenants. Landlord will use reasonable efforts to minimize any inconvenience to or disruption of Tenant; provided, however, that in no event will Landlord be obligated to employ overtime or premium labor or incur any extraordinary expenses in connection with any repairs, alterations or improvements by Landlord. Landlord and persons authorized by Landlord may enter the Premises at anytime without notice to Tenant in the event ofan Emergency. Any entry by Landlord under this Section will not constitute an eviction of Tenant, impose any liability to Landlord for trespass or give grounds for Tenant to terminate this Lease.
18. Sins and Awnings. Tenant will maintain its store signage in accordance with the Sign Criteria. Notwithstanding the foregoing, all sign installation by Tenant must have prior written approval from Landlord. The failure of Tenant to install such sign will be deemed to be an Event of Default. Tenant agrees that, throughout the Tenn, all of Tenant' s signs and symbols in connection with the Premises, will( a) be prepared professionally,( b) be maintained in good condition and repair,( c) comply with all Requirements, and( d) comply with the Sign Criteria. Upon the expiration or earlier termination ofthis Lease, Tenant will promptly remove all of its signs and repair any damage resulting from such removal, failing which Landlord may remove, sell or dispose of such signs and repair such damage on Tenant' s behalf, in which event Tenant will reimburse Landlord, as Additional Rent, all costs and expenses incurred by Landlord in connection therewith, and in which event the proceeds of any such sale or other disposition will belong to Landlord. Tenant' s obligation under this Section will survive the expiration or earlier termination ofthis Lease. Furthermore, Tenant may not install any awning on the exterior building in which the Premises is located without the prior written consent of Landlord in each instance, which consent may be withheld in Landlord' s sole discretion.
19. Tenant Default.
19. 1 Events of Default. Each ofthe following will constitute an Event of Default by Tenant:( a) Tenant will fail to pay any Base Rent, Additional Rent or any other amount under this Lease when due, and such failure continues for five( 5) days after notice from Landlord to Tenant; provided, however, that Landlord need only give such notice, and Tenant will have such time to cure, not more than one( 1) time in any twelve( 12) month period;( b) Tenant will fail to perform or observe any of its other obligations under this Lease, and such failure continues for a reasonable period of time not to exceed ten( 10) days after written notice from Landlord to Tenant or, ifsuch violation or failure will reasonably require longer than ten( 10) days to cure, if Tenant will fail to commence to cure the same within ten( 10) days after written notice from Landlord to Tenant and continuously prosecute the curing ofthe same to completion with due diligence; provided, however, that such additional period will in no event be longer than ninety( 90) days;( c) Tenant or Guarantor will make a general assignment for the benefit of creditors or will file a petition for bankruptcy, reorganization, liquidation, dissolution or similar relief under the Bankruptcy Code or under any State insolvency laws;( d) a petition for bankruptcy, reorganization, liquidation, dissolution or similar proceeding is filed against Tenant or Guarantor under the Bankruptcy Code or under any State insolvency laws and the same is not discharged within forty- five( 45) days of filing;( e) Tenant rejects this Lease in any proceeding under the Bankruptcy Code or any State insolvency laws;( f)a trustee, receiver or liquidator will be appointed for the property ofTenant or any Guarantor, and the same is not vacated or set aside within forty-five( 45) days ofthe appointment;( g) Tenant will fail to accept possession ofthe Premises on the Commencement Date;( h) Tenant will vacate or abandon the Premises;( i) Tenant assigns this Lease or subleases the Premises, except as expressly permitted under Section 13 ofthis Lease; 0) Tenant will be late a total ofthree( 3) times in any twelve( 12) month period in the payment of Rent due Landlord under this Lease, or will repeatedly default in the keeping, observing or performing ofany other obligations of Tenant under this Lease; provided, however, that notice ofsuch non-payment or other defaults will have been given to Tenant as provided in this Lease, but irrespective of whether or not Tenant will have timely cured any such payment or other defaults for which notice was given;( k) Tenant' s acts or omissions cause any fines, penalties or similar charges to be assessed against Landlord or the Center;( 1) Tenant' s failure to provide to Landlord, within twenty( 20) days after written demand from Landlord, adequate assurances( including supporting documentation reasonably requested by Landlord) of Tenant' s intent and ability to pay and perform all of Tenant' s obligations under this Lease; and( m) any default under the Previous Lease
19. 2 Risht of Re- Entrv. Landlord, in its sole discretion and without further notice to Tenant, may at anytime after an Event of Default re- enter and take possession ofthe Premises with or without terminating this Lease. No re- entry or taking possession ofthe Premises by Landlord will( a) constitute a forfeiture of any Rents payable by, or a waiver ofany obligations of, Tenant under this Lease, or( b) be construed as an election on Landlord' s part to accept a surrender of the Premises unless written notice of such intention is given by Landlord to Tenant. In the event of such re- entry, Landlord will have the right, but not the obligation, to re-lease all or a portion ofthe Premises for such periods oftime, at such rental rates, for such uses and upon such other terms and conditions as Landlord may elect in its sole discretion. If Landlord re- leases all or a portion of the Premises, then Landlord will apply the net rent actually received by Landlord from such re- letting first to the payment of Landlord' s Recovery Costs. The balance, if any, will be applied by Landlord, from time to time, toward the Rent due and payable by Tenant under this Lease, with the right reserved to Landlord to bring such action or proceedings for the recovery of any deficiency remaining unpaid from time to time without the obligation to await the end ofthe Term for the final determination of Tenant' s total remaining obligations under this Lease. The failure of Landlord to re-let any portion ofthe Premises or, if Landlord re- lets any portion ofthe Premises, the failure of Landlord to collect any rent from such re- letting, will not release, limit or otherwise affect any of Tenant' s obligations under this Lease. Landlord may make such improvements, alterations and repairs in or to the Premises as Landlord, in its sole discretion, deems necessary or desirable for the purpose of re-letting the Premises and the same will not release, limit or otherwise affect any of Tenant' s obligations under this Lease.
19. 3 Riaht to Terminate. Landlord, irrespective ofthe date on which its right of reentry will have accrued or be exercised, will have the right, whether for rent or possession or otherwise, to terminate this Lease and the tenancy hereby created. Except to the extent required by applicable law, Landlord is under no affirmative duty to maximize the rent collected from any replacement tenant or otherwise mitigate Landlord' s damages and Tenant waives any legal or equitable right or defense that Landlord mitigate its damages. This right to terminate is exercisable by a written notice to Tenant, which written notice may be part of a notice of default previously delivered to Tenant, and, as such, may be conditioned upon Tenant' s failure to cure the default and the Event of Default. The termination maybe made effective as of the Event of Default, or thereafter, and, if not
P:\ GolfMill Retail\Leasing\ Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 9 otherwise specified, will be deemed to be effective immediately. Upon such termination, Landlord will be entitled to and may take immediate possession ofthe Premises, and any other notice or demand being hereby waived. Such termination does not, however, release Tenant from liability for Rent then overdue or remaining under this Lease but will, if permitted by the laws of the State where the Premises are located, operate to accelerate the entire balance ofthe Term Rent and other charges due over the entire Lease Tenn, which will become immediately due and payable by Tenant, along with all overdue Rent and charges.
If Landlord terminates this Lease as provided above, Landlord will be entitled to recover from Tenant all damages and other sums which Landlord is entitled to recover under any provision of this Lease or at law or in equity or otherwise, including, but not limited to, all ofthe accrued Base Rent and Additional Rent for the period up to and including such termination date, as well as all other additional sums payable by Tenant or for which Tenant is liable or in respect of which Tenant has agreed to indemnify Landlord under any ofthe provisions of this Lease which may be then owing and unpaid and all costs and expenses, including without limitation, court costs and reasonable attorneys' fees incurred by Landlord in the enforcement of its rights and remedies hereunder and, in addition, any damages provable by Landlord as a matter of law including, without limitation, an amount equal to the then present value( using a discount rate of five percent( 5%)) ofthe excess ofthe Base Rent and Additional Rent provided to be paid for the remainder ofthe Term over the fair market rental value ofthe Premises( determined at the date of termination of this Lease by Landlord in Landlord' s reasonable discretion) after deduction of all anticipated expenses of reletting. In the alternative, Landlord will have the right, at Landlords option, from time to time, to recover from Tenant, and Tenant will remain liable for all Base Rent, Additional Rent and other amounts due and owing under this Lease, plus( x) damages equal to all other sums which would have accrued under this Lease after the date of termination had it not been terminated, such damages to be due and payable as such sums would have become due, less( y) such amounts as Landlord may receive from reletting, if any, after first paying all costs of such reletting, including, without limitation, brokerage commissions and the costs of reasonable repairs, alterations, additions and redecorations, and the expenses of re-entry. The net amounts of rent from any re- letting collected remaining after such expenses will operate only as an off-setting credit against the amount due hereafter with any excess or residue belonging to Landlord solely. Should the fair market rental value ofthe Premises after deduction of all anticipated expenses of reletting exceed the Base Rent and Additional Rent provided to be paid by Tenant for the remainder ofthe Tenn, Landlord will not be obligated to pay to Tenant any part of such excess or to credit any part of such excess against any other sums or damages for which Tenant may be liable to Landlord.
19.4 Right to Remove Property. If Landlord re- enters the Premises under this Lease, Landlord may remove, sell, dispose of and/ or store Tenant' s Property at the sole risk, cost and expense of Tenant, and Landlord will in no event be responsible for safekeeping any of Tenant' s Property and the proceeds of any such sale or other disposition will belong to Landlord. Within ten( 10) days of demand by Landlord, Tenant will pay to Landlord, as Additional Rent, all costs and expenses incurred by Landlord in connection with such removal or storage of Tenant' s Property.
19. 5 Right to Perform; Reimbursement for Costs of Enforcement. If Tenant fails to make any payment or perform any other obligation under this Lease, after applicable notice and cure periods, Landlord will have the right( in its sole discretion), but not the obligation, to make such payment or perform such other obligation on behalfof Tenant, without waiving or releasing Tenant from any obligation under this Lease. Within ten( 10) days of demand by Landlord, Tenant will pay to Landlord, as Additional Rent, all payments made by Landlord on behalf of Tenant, and all costs and expenses incurred by Landlord on behalf ofTenant, together with interest thereon at the Applicable Interest Rate from the date such sums were paid by Landlord through the date of repayment by Tenant. Tenant will reimburse and pay to Landlord all costs and expenses of Landlord in connection with Landlord' s enforcement of its rights and remedies hereunder, including court costs and reasonable attorneys' fees all of which will be deemed Additional Rent.
19. 6 Dishonored Check. Ifany check of Tenant is dishonored by Tenant' s bank, a Late Charge will be imposed on the amount due. In addition, Tenant will pay a service charge to Landlord in the amount of Two Hundred Fifty Dollars 250.00) per such check to cover administrative expenses ofLandlord. If,during the Term, more than two( 2) checks ofTenant are dishonored by Tenant' s bank, then, upon Landlord' s request, Tenant will pay all future Rent by cashier' s check or money order only.
19.7 Interest. In addition to any Late Charge, if Tenant fails to pay any amount due under this Lease, after applicable notice and cure periods, then such unpaid amount will bear interest at the Applicable Interest Rate from the date when the particular amount became due through the date of repayment to Landlord. Notwithstanding anything set forth in this Lease to the contrary, Tenant will not be obligated to pay, and Landlord will not be entitled to collect, any Late Charges or interest which collectively would be greater than the highest legal rate of interest which may be charged under the laws of the State. Accordingly, any such charges which would be in violation of the laws of the State will be reduced to the extent necessary to avoid such violation.
19.8 Remedies Cumulative. In the event of a breach or threatened breach by Tenant of any ofthe terms of this Lease, Landlord will have all rights and remedies available to Landlord under this Lease, at law or in equity, including the right to( a) obtain injunctive and declaratory relief(temporary or permanent),( b) summary proceedings, and( c) institute a distress for rent action; it being agreed that( i) Tenant expressly waives any bonding requirements,( ii) Landlord will not be required to file any bond in any distress action, and( iii) Tenant expressly waives any right to replevy distrained property. All rights and remedies of Landlord will be cumulative and no right or remedies under this Lease will exclude any other rights or remedies of Landlord.
19.9 Mitigation. To the extent required by applicable law, Landlord will use commercially reasonable efforts to mitigate the damages it suffers as a result of Tenant' s default under this Lease; provided, however, that Tenant agrees that( i) Landlord will have satisfied its obligation to mitigate damages ifLandlord endeavors, in good faith, to re- lease the Premises,( ii) Landlord will not be required to give preference to the Premises over other vacant space in the Center or any other property owned or controlled by Landlord or any affiliates thereof,( iii) Landlord may reject any prospective tenant who, in Landlord' s reasonable discretion, is disreputable, whose business does not enhance the Center, who does not have sufficient business experience, or who lacks the financial ability to perform the tenant' s obligations under Landlord' s then current form Lease,( iv) under no circumstances will Landlord be required or obligated to relet or attempt to relet the Premises for any period of time beyond the then applicable Expiration Date, and( v) Landlord may reject any offer to lease the Premises at a rate which is less
P:\ Golf Mill Retail\Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vLdoc Page 10 than the rate being charged for comparable space in the Center or on terms that are less favorable than those contained in this Lease or which( in Landlord' s reasonable discretion) is not in the best interests of the Center.
20. Landlord Default. If Landlord fails to perform or observe any of its obligations under this Lease and such failure continues for more than thirty( 30) days after Tenant has delivered written notice thereofto Landlord and Landlord' s Mortgagee, such failure will constitute a default under this Lease unless Landlord disputes the claimed default in good faith by written notice to Tenant within such thirty( 30) day period; provided, however, that ifthe nature ofLandlord' s obligation is such that more than thirty( 30) days are required for performance, then Landlord will not be in default if Landlord commences performance within such thirty( 30) day period and thereafter diligently prosecutes the same to completion. Tenant will identify the Lease provisions containing the Landlord' s obligations that are the subject of Tenant' s complaint and specify in reasonable detail the nature and extent of Landlord' s failure with respect thereto. If Landlord or Landlord' s Mortgagee fails to cure any default within the applicable grace period, Tenant will have the right to seek injunctive relief to remedy such default. Tenant will not be entitled to terminate this Lease, or seek to recover damages, in connection with any default by Landlord.
21. Landlord' s Lien and Security Interest. In addition to any statutory lien which Landlord may have under applicable law, Tenant hereby grants to Landlord a first priority lien on and security interest in and to Tenant' s Property, together with any insurance proceeds or other proceeds thereof. Tenant will not grant a lien or security interest to any other Person. This Lease constitutes a security agreement and creates a security interest in personal property under the Uniform Commercial Code. Tenant will execute and deliver to Landlord such financing statements and such further assurances as Landlord may, from time to time, consider necessary to create, perfect and preserve its lien and security interest. Furthermore, Tenant hereby designates Landlord as Tenant' s attorney- in-fact for the sole and limited purpose of executing such financing statements and other instruments and any such execution by Landlord pursuant to this Lease will be effective and binding upon Tenant as though executed originally by Tenant. Tenant hereby also authorizes Landlord at any time and from time to time to file any such initial financing statements and any amendments thereto and continuation statements with or without signature ofTenant as authorized by applicable law. Upon an Event of Default, in addition to all other rights and remedies available to Landlord, Landlord will have the right, but not the obligation, to( a) remove and store Tenant' s Property at the sole risk, cost and expense ofTenant, and Landlord will in no event be responsible for safekeeping any of Tenant' s Property,( b) sell or otherwise dispose of Tenant' s Property, with or without notice, in such manner as Landlord will determine in its sole discretion, and( c) become the purchaser of any Tenant' s Property upon offering the highest price at any such sale. The proceeds ofany such sale will be applied, first to the cost and expense ofsuch sale, second to any cost and expense of such storage and removal, and, third to the payment of any amounts owed from Tenant to Landlord under this Lease. The balance, if any, will be paid to Tenant.
22. Ouiet Enioyment. If and so long as Tenant pays all Rent and performs all other obligations ofTenant under this Lease, Tenant will quietly enjoy the Premises during the Term without material hindrance by Landlord or anyone claiming by, through or under Landlord, subject to the terms of this Lease and any Superior Instrument.
23. Holdover Tenancy. IfTenant will hold over after the expiration ofthe Term without the written consent ofLandlord, which consent may be withheld in Landlord' s sole discretion, then Landlord may at its option( a) exercise any right or remedy available to Landlord under this Lease or otherwise, or( b) deem Tenant to be occupying the Premises on a month-to-month basis, which tenancy may be terminated by either party on thirty( 30) days written notice to the other party. During any holdover tenancy, Tenant will be bound by all terms of this Lease; provided, however, that Tenant will pay to Landlord, monthly in advance, Rent in an amount equal to two hundred percent( 200%) of the Rent which was payable in the last full calendar month of the Tenn. Without limiting any of Landlord' s other rights and remedies, if Landlord re- lets the Premises( or any portion of the Premises) to another Person and the term of such lease commences during the period in which Tenant holds over, Landlord will be entitled to recover from Tenant any and all Claims( including loss ofprofits) ofLandlord arising out of Tenants failure or inability to vacate and surrender possession of the Premises to Landlord as and when required under this Lease.
24. No Oral Amendment; No Waiver; No Oral Consent. This Lease will not be amended, supplemented or otherwise modified except by a further agreement in writing duly executed and delivered by Landlord and Tenant. The failure ofLandlord or Tenant to exercise any right in one or more instances will not be construed as a waiver by Landlord or Tenant of such right or of any subsequent breach of any such right. Wherever this Lease requires consent or approval of Landlord, such consent or approval will only be effective if given in a written instrument duly executed and delivered by Landlord.
25. Notices. All notices, requests and other communications under this Lease must be in writing and either( x) delivered by hand( against a signed receipt),( y) delivered to a nationally recognized overnight air courier service for" next business day" delivery, or( z) delivered by U.S. certified mail, postage prepaid and return receipt requested, in each case addressed as follows:
If to Landlord: SVAP Golf Mill Retail, L.P. 340 Royal Poinciana Way, Suite 316 Palm Beach, Florida 33480 Attn: Gregory Moross
If to Tenant:
Village of Niles 1000 Civic Center Drive Niles, Illinois 60714 Attn: Steve Vinezeano
Such notices, requests and other communications under this Lease will be deemed to have been received( a) on the date of delivery or refusal of delivery, if delivered by hand( against a signed receipt),( b) on the first business day after having been delivered to a nationally recognized overnight air courier service for" next business day" delivery, or( c) three( 3) business days after mailing, if sent by U.S. certified mail, postage prepaid and return receipt requested. Either party may change its address
P:\ GolfMill Retail\Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 11 under this Lease by giving written notice of such change to the other party in the manner provided in this Section. The respective attorneys for each party are authorized to give any notices, make any requests and send any other communications under this Lease on behalf of their respective clients.
26. Exhibits; Riders. All exhibits and riders, if any, attached to this Lease are made a part of this Lease by this reference and the terms of any such exhibits or riders will control over any inconsistent terms of this Lease.
27. Limitation of Landlord' s Liability. The term" Landlord" as used in this Lease will mean only the owner, at the time in question, of the fee title or ground lease estate, as the case may be, to the Center. In the event of any transfer of such fee title or ground lease estate, the then Landlord named in this Lease will be relieved of all of its obligations under this Lease from and after the date of such transfer; provided, however, that such Landlord will deliver to the grantee any funds then held by Landlord in which Tenant has an interest. The obligations of Landlord under this Lease will, subject to this Section, be binding on Landlord' s successors and assigns, only during each Landlord' s respective period of ownership. The obligations of Landlord under this Lease do not constitute personal obligations of Landlord or any Landlord' s Representatives. Thus, Tenant will look solely to Landlord' s then existing interest in the Center, and to no other assets of Landlord, for satisfaction of any liability of Landlord under this Lease, and will not seek recourse against any ofLandlord' s Representatives, or any oftheir personal assets for such satisfaction. No other properties or assets of Landlord will be subject to levy, execution or other enforcement procedures for the satisfaction of any judgment( or other judicial process) or the satisfaction of any other remedy of Tenant arising out of or in connection with this Lease, the relationship of the parties to this Lease or Tenant's use ofthe Premises. In no event will Landlord be liable or responsible for any consequential, punitive, incidental or special damages.
28. Landlord' s Reserved Ri¢hts. Landlord reserves the right at any time to( a) make or permit changes or revisions in the plan for the Center, including additions or supplements to, and reductions, rearrangements, alterations or modifications of,the building areas and the Commons Areas comprising the Center,( b) construct improvements in, and make alterations of, the Center, including the right to build additional stories on any building comprising the Center and the right to construct areas for kiosks, pushcarts and other displays in the Common Areas,( c) erect temporary scaffolds and similar aids to construction on the exterior of the Premises and the Center; provided, however, that access to the Premises will not be denied,( d) install, maintain, use, repair and replace within the Premises pipes, ducts, conduits, wires and all other mechanical equipment serving the Premises and other occupants of the Center; provided, however, that the same will be in locations within the Premises that will not unreasonably deny Tenant' s use ofthe Premises, and( e) convey portions ofthe Center to others for the purpose of,among other things, constructing buildings or improvements thereon; provided, however, that no such conveyance will reduce the parking areas below the number ofparking spaces required by applicable Requirements. In addition, Landlord will have the exclusive right to use the roof of the Premises, the side or rear walls of the Premises, and the other structural elements of the Premises including free- standing columns and footings for all columns), for any purpose; provided, however, that such use will not encroach on the interior of the Premises unless( i) all work carried on by Landlord with respect to such encroachment will be done during hours when the Premises are not open for business and otherwise will be carried out in such a manner as not to unreasonably interfere with Tenant' s operations in the Premises,( ii) Landlord, at its sole cost and expense, will provide any security services to the Premises required by such work, and( iii) Landlord, at its sole cost and expense, will repair all physical damage to the Premises resulting from such work. Tenant acknowledges that the Center has been developed as a shopping center for the mutual use and enjoyment of its various tenants and occupants, and further acknowledges that, from time to time, such other tenants and/ or occupants of the Center may engage in such activities, including, without limitation, construction and/ or renovation of their respective premises, which activities may, from time to time, generate noise and/ or vibrations affecting portions of the Center, including, without limitation, the Premises. Without waiving any rights and/ or remedies which Tenant may have at law or in equity against such other tenants and/ or occupants of the Center, including, without limitation, claims of nuisance and/ or trespass, Tenant acknowledges that such activities, and the noise and vibrations generated thereby, shall in no event constitute a breach by Landlord of any provision of this Lease, a breach of Tenant' s quiet enjoyment, an actual or constructive eviction, or release Tenant from any ofits obligations under this Lease, including, without limitation, its obligation to pay Rent.
29. Successor Landlord. If a Successor Landlord acquires title to the Center( or any portion of the Center), the then Landlord will have the right to assign this Lease to such Successor Landlord, in which event Landlord will be released from all subsequent obligations under this Lease and Tenant will attorn to such Successor Landlord as Landlord under this Lease. Any Successor Landlord will not be: ( a) liable for any act or omission of Landlord,( b) subject to any defense, claim, counterclaim, set- off or offset which Tenant may have against Landlord,( c) bound by any prepayment of more than one month' s Rent,( d) bound by any obligation to make any payment to Tenant which was required to be made prior to the time such Successor Landlord acquired title to the Center,( e) bound by any obligation to perform any work or to make improvements to the Premises or the Center,( f) intentionally deleted( g) liable for the payment of any unfunded tenant improvement allowance, refurbishment allowance or similar obligation. In addition, in the event any proceedings are brought for the foreclosure of, or in the event of conveyance by deed in lieu of foreclosure of,or in the event ofexercise of the power ofsale under, any mortgage or deed oftrust made by Landlord covering the Premises, upon assumption ofthis Lease by such Successor Landlord, Tenant shall attomto, and covenants and agrees to execute an instrument in writing reasonably satisfactory to such Successor Landlord whereby Tenant attorns to, such Successor Landlord and recognizes such Successor as Landlord under this Lease, although any such instrument shall not be necessary to effectuate Tenant' s agreement to attorn hereunder.
30. Estoppel Certificate. Within ten( 10) days after Landlord' s request, Tenant will from time to time execute and deliver in recordable form) a certificate, together with a true and correct copy ofthis Lease, certifying( a) that this Lease is in full force and effect without modifications,( b) the amount, if any, of the prepaid Rent under this Lease,( c) the dates to which Rent has been paid under this Lease,( d) that Landlord has performed all of its obligations, and Tenant has no claims or counterclaims against Landlord, under this Lease,( e) that Tenant has no defenses, deductions or offsets with respect to its obligations under this Lease,( f) there is no event or condition that would give Tenant the right to terminate this Lease, and( g) any other fact reasonably requested by Landlord. Tenant' s failure to properly execute and deliver such certificate( with such exceptions or modifications that Tenant may assert in good faith) within such ten( 10) day period, will constitute an Event of Default that is not thereafter subject to being cured. Furthermore, Tenant acknowledges that Landlord will suffer substantial damages if Tenant does not execute and deliver such certificate in accordance with this Section. Therefore, in addition to any other right or remedy available to Landlord, Tenant will pay Landlord the sum of$ 100 per day for each day of delay in delivering such certificate. The parties
P:\ GolfMill Retail\ Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 12 agree that this is a fair and reasonable estimation of Landlord' s actual costs and damages which would be incurred in the event of a delay in the delivery of such certificate and does not constitute a penalty.
31. Intentionally Deleted.
32. No Accord or Satisfaction. No receipt and retention by Landlord of any payment by Tenant in connection with this Lease will give rise to or otherwise constitute an accord or satisfaction, compromise or other settlement, notwithstanding any accompanying statement, instruction or other assertion to the contrary. Landlord may apply any such payment to any Rent due and payable by Tenant under this Lease in such manner as Landlord determines, in its sole discretion, without prejudice to Landlord' s right to recover the balance of any Rent or to pursue any other right or remedy. In addition, Landlord' s acceptance of the keys to the Premises from Tenant before the expiration of the Term will not operate as a termination of this Lease or a surrender of the Premises.
33. Severabilitv. The parties intend this Lease to be legally valid and enforceable in accordance with all of its terms to the fullest extent permitted bylaw. If any term of this Lease is held to be invalid or unenforceable, then such term will be stricken from this Lease and the remaining terms will continue to be valid and enforceable.
34. Subordination. This Lease, and the rights of Tenant hereunder, will be subject and subordinate to any Superior Instrument; provided, however, that the holder of any Superior Instrument will have the right at any time, upon written notice to Tenant, to subordinate such Superior Instrument, without Tenant' s consent, in which event this Lease will be deemed prior and superior to such Superior Instrument without regard to their respective dates of execution, delivery or recording. This Section will be self-operative and no further instrument of subordination will be required by the holder of any Superior Instrument; provided, however, that within ten( 10) days after Landlord' s request, Tenant will from time to time execute and deliver documentation that may be reasonably required to confirm the provisions ofthis Section. Tenant' s failure to properly execute and deliver such documentation within such ten( 10) day period, will constitute an Event of Default that is not thereafter subject to being cured.
35. Time. Time is of the essence with respect to all obligations of Tenant under this Lease. All days set forth in this Lease will be deemed to be calendar days unless specifically stated to be business days.
36. Successors and Assians. This Lease will be binding on and inure to the benefit of Landlord and Tenant and their respective heirs, personal representatives, administrators, and, except as otherwise provided, successors and assigns.
37. Relationship of Parties. Neither party will be deemed to be a partner of the other, and neither party will be liable for any debts or obligations incurred by the other in the conduct ofsuch other party' s business or otherwise. The relationship ofthe parties will at all times be that of landlord and tenant. There is no fiduciary relationship between Landlord and Tenant and neither party will owe any fiduciary duties to the other.
38. Authority; Liability. If Tenant is a corporation, partnership, limited liability company or other entity, Tenant represents and warrants to Landlord that( a) Tenant is duly organized, validly existing and in good standing under the laws ofthe state in which it was formed and is duly qualified to transact business in the State,( b) Tenant has full power to execute, deliver and perform its obligations under this Lease,( c) the execution and delivery ofthis Lease, and the performance by Tenant of its obligations under this Lease, have been duly authorized by all necessary action ofTenant, and do not contravene or conflict with any organizational documents of Tenant or any other agreement binding on Tenant, and( d) the individual executing this Lease on behalf ofTenant has full authority to do so. Ifthere is more than one Person constituting Tenant, each Person will be jointly and severally liable with the other Person constituting Tenant for the performance of all ofthe obligations of Tenant under this Lease. If Tenant is a partnership, each and every present and future general partner of Tenant will be and remain at all times jointly and severally liable under this Lease and neither the death, resignation or withdrawal ofany partner, nor the subsequent modification or waiver of any of the terms of this Lease, will operate to release any partner under this Lease.
39. No Third Party Beneficiaries. This Lease is not intended to benefit or confer any rights upon any third party, and no such other party may enforce any rights or obligations arising under this Lease against any of the parties to this Lease as a third party beneficiary, except rights contained herein for the benefit of the holder of any Superior Instrument( including any Mortgagee).
40. _ Applicable Law; Venue. This Lease will be construed according to the laws of the State without application of conflicts oflaws principles. Any legal action or proceeding arising out of this Lease will be instituted in a court( federal or state) located in the County in which the Center is located, which will be the exclusive jurisdiction and venue. In addition, Landlord and Tenant waive any objection either may now or hereafter have to the laying ofvenue of any legal action or proceeding in such courts, and further waive the right to plead or claim that any legal action or proceeding brought in such courts has been brought in an inconvenient forum. This provision will not be construed as a waiver of service of process in any action or proceeding.
41. Broker Indemnification. Tenant represents and warrants to Landlord that, other than Broker, Tenant has not dealt with any broker, finder or similar agent in connection with the negotiation, execution or delivery of this Lease. Tenant will indemnify, defend( with counsel acceptable to Landlord) and hold harmless Landlord and Landlord' s Representatives from and against any and all Claims for any commission, finder' s fee or other compensation in connection with the negotiation, execution or delivery of this Lease by any Person claiming by, through or under Tenant. Tenant' s obligations under this Section will survive the expiration or earlier termination of this Lease.
42. Effect of Bankruptcy. Tenant will not assign, mortgage or encumber this Lease, or permit any part ofthe Premises to be subleased, except as specifically set forth in Section 13 above; provided, however, that ifthis Lease is assigned to any Person pursuant to the Bankruptcy Code, all consideration payable in connection with such assignment will be paid to Landlord, remain the exclusive property of Landlord and will not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. If any such consideration is paid to Tenant, then Tenant will hold the same in trust for the
P:\ Golf Mill Retail\ Leasing\Draft Leases\ Niles Teen Center\Niles Teen Center Lease vl. doc Page 13 benefit of Landlord and pay Landlord as promptly as possible. When, under the Bankruptcy Code, any trustee or debtor in possession is obligated to pay reasonable use and occupancy charges for the use ofall or part ofthe Premises, such charges will be not less than the Base Rent and Additional Rent then payable under this Lease. Ifa proceeding under the Bankruptcy Code is instituted by or against Tenant, Tenant will not seek an extension of time within which it must assume or reject this Lease under Section 365( d)( 4) ofthe Bankruptcy Code and Tenant irrevocably waives and relinquishes any right it may have to seek an extension to the fullest extent permitted by applicable law. Failure of Tenant to assume this Lease within the sixty( 60)- day time period provided in Section 365( d)( 4) of the Bankruptcy Code, without extension of that time period, will conclusively and irrevocably constitute Tenant' s rejection of this Lease and waiver of any rights of Tenant to assume or assign this Lease. Tenant' s rejection ofthis Lease under the Bankruptcy Code will constitute an Event of Default, which will entitle Landlord to terminate this Lease upon written notice to Tenant.
43. Surrender of Premises. At the expiration or earlier termination ofthis Lease, Tenant will( a) surrender the Premises to Landlord in good order and condition, broom cleaned, casualty, condemnation and ordinary wear and tear excepted,( b) surrender all keys for the Premises, inform Landlord of all locks and remove all safes, if any, on the Premises, and( c) remove Tenant' s Property from the Premises and repair any damage caused by such removal. If Tenant fails to perform any of its obligations under this Section, Landlord will have the right( in its sole discretion), but not the obligation, to perform such obligations on behalfof Tenant, without waiving or releasing Tenant from any obligation under this Lease. IfLandlord elects to perform any ofthe obligations of Tenant under this Section, then within ten( 10) days of demand by Landlord, Tenant will pay to Landlord all costs and expenses incurred by Landlord on behalf of Tenant, together with interest thereon at the Applicable Interest Rate from the date such sums were paid by Landlord through the date of repayment by Tenant. Landlord' s rights and Tenant' s obligations under this Section will survive the expiration or earlier termination of this Lease.
44. Attorneys' Fees. If Landlord files any suit, action or proceeding arising out or relating to this Lease, the Premises or the Center( including( a) the enforcement or interpretation of either party' s rights or obligations under this Lease whether in contract, tort, or both, or( b) the declaration of any rights or obligations under this Lease), and Landlord is the prevailing party, as determined by the court, Landlord will be entitled to recover from Tenant reasonable attorneys' fees and costs. In addition, if Landlord( i) becomes a party to any suit, action or proceeding involving this Lease, the Premises or the Center, other than a suit, action or proceeding between Landlord and Tenant,( ii) engages counsel to collect any amounts owed by Tenant under this Lease, or( iii) engages counsel to enforce the performance ofany obligations ofTenant under this Lease, without commencing a suit, action or proceeding, then Tenant will, within ten( 10) days ofwritten demand by Landlord, pay to Landlord all reasonable attorneys' fees and costs incurred by Landlord in connection therewith. All references in this Lease to attorneys' fees will also be deemed to include fees ofall legal assistants, fees ofthe in-house legal staff ofLandlord or its Affiliates, and will include all fees incurred through all postjudgment and appellate levels.
45. Recording In no event will this Lease be recorded; provided, however, that Tenant will, within ten( 10) days of written request from Landlord, execute and deliver to Landlord, for recording purposes, a memorandum ofthis Lease prepared by Landlord.
46. Force Maieure. Landlord will not be required to perform any obligation under this Lease if such performance is delayed or prevented by force majeure, which will include acts of God, labor disputes( whether lawful or not), material or labor shortages, restrictions by any Governmental Authority, floods, hurricanes and any other cause that is not within the reasonable control of Landlord.
47. Tender and Delivery of Lease. Submission of this Lease by Landlord does not constitute an offer, right of first refusal, reservation or option for the Premises or any other space in the Center. The execution and delivery of this Lease by Tenant to Landlord will be deemed to be Tenant' s offer to lease the Premises in accordance with the terms of this Lease. This Lease will only become binding on Landlord if Landlord executes and unconditionally delivers this Lease to Tenant.
48. Hazardous Materials, Mold; Radon Gas.
48. 1 No Hazardous Materials. Tenant will not cause or permit:( a) the Premises to be used to manufacture, process, transport, store, handle or dispose of any Hazardous Materials, except for de minimus amounts used in the normal course ofthe operation ofTenant' s business in compliance with all applicable Requirements, or( b) any release ofany Hazardous Materials in or about the Premises or the Center as a result ofany act or omission of Tenant or any ofTenant' s Representatives.
48.2 No Mold Conditions. Tenant will not create or permit to exist any Mold Conditions in or about the Premises or the Center. Tenant will, at its sole cost and expense, regularly monitor the Premises for the presence of any Mold Conditions. In the event ofany suspected or actual Mold Conditions at the Premises, Tenant will immediately notify Landlord in writing of the same and the precise location thereof. If any Mold Conditions in or about the Premises or any other part ofthe Center area result ofany actions or omissions ofTenant or any Tenant' s Representatives, Tenant will promptly, at its sole cost and expense, retain a licensed and experienced Mold remediation contractor to completely clean-up and remove from the Premises and the Center all such Mold Conditions. All such clean-up, removal and remediation will, in each instance, be conducted to the satisfaction ofLandlord and any applicable Governmental Authority and otherwise in compliance with applicable Requirements. There will be no abatement of Rent on account ofany clean-up, removal or remediation ofany such Mold Condition.
48.3 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels ofradon that exceed federal and state guidelines have been found in buildings in Illinois. Additional information regarding radon and radon testing may be obtained from your county public health unit.
48.4 Indemnity. Tenant will indemnify, defend( with counsel acceptable to Landlord) and hold harmless Landlord and Landlord' s Representatives from and against any and all Claims arising out of or in connection with any ofthe following caused by Tenant or any of Tenant' s Representatives: ( a) the presence, disposal, release or threatened release ofany Hazardous Materials with respect to the Premises or the Center,( b) any personal injury, including wrongful death, or damage to property,
P:\ Golf Mill Retail\Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 14 real or personal, arising out of or related to such Hazardous Materials,( c) any suit, action or proceeding brought, threatened or settled by any Governmental Authorities in connection with such Hazardous Materials,( d) any violation ofany Environmental Law, or any rules and regulations ofLandlord, which are based upon or in any way related to such Hazardous Materials, and( e) any Mold Conditions in or about the Premises or the Center.
48.5 No Limitations: Survival. The provisions of this Section 48 will be in addition to any other obligations Tenant may have to Landlord at law or in equity. Landlord' s rights and Tenant' s obligations under this Section 48 will survive the expiration or earlier termination of this Lease.
49. Relocation ofPremises. Recognizing that the Center has a number oftenant spaces, and the needs oftenants for space may vary from time to time, Landlord will have the right( but will in no event be obligated) prior to and during the Term, at its expense, to remove Tenant from the Premises and relocate Tenant in other comparable space, selected by Landlord, of approximately the same dimensions and size within the Center. Tenant will fully cooperate with Landlord and Landlord' s Representatives in all aspects ofthe relocation. Landlord may use installations, equipment, fixtures, machinery, decorations and materials from Tenant' s then-existing space( as well as other materials), so that the space to which Tenant is relocated will be comparable in its interior design and decoration to the space from which Tenant is removed. During the relocation period, Landlord will use reasonable efforts not to unduly interfere with Tenant' s business activities. Landlord will substantially complete the relocation within a reasonable time under all then-existing circumstances. This Lease will remain in full force and effect and be applicable to any such replacement space, and such replacement space will be deemed to be the" Premises" under this Lease, except that Base Rent will be adjusted to reflect the square footage ofthe replacement space, a substitute Exhibit B showing the replacement space as the" Premises" will be added to this Lease and any computations which are based on the floor area will be based on the square footage of the replacement space, all to be effective from and after the date that the relocation occurs. Upon request, Tenant will execute and deliver to Landlord any documents which Landlord may reasonably request to evidence and confirm the relocation. Landlord' s exercise of its right to remove and relocate Tenant will not release Tenant in whole or in part from any of its obligations under this Lease for the remainder ofthe Term. Furthermore, no rights granted in this Lease to Tenant, including the right of peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord' s exercise of its right to remove and relocate Tenant under this Section.
50. REA. This Lease, and the rights of Tenant hereunder, are and shall be subject and subordinate to any REA. This Section will be self-operative and no further instrument ofsubordination will be required in order to give effect to the provisions ofthis Section. Tenant acknowledges that an REA may contain, inter alia, terms, covenants, conditions, restrictions and/or other requirements( including, without limitation, with respect to construction, alterations, operations, easements, signage, insurance, casualty and condemnation, maintenance standards, building height restrictions, permissible building areas, use restrictions, parking restrictions, and other similar and dissimilar matters) which may affect Tenant' s occupancy, use, and enjoyment ofthe Premises and other portions ofthe Center, and may affect and/or otherwise limit the express rights of Tenant set forth in this Lease. Anything in this Lease to the contrary notwithstanding, Tenant covenants and agrees that it shall be bound by the covenants, conditions, restrictions and/ or other requirements ofthe REA, and shall not by act or omission cause( or permit any of Tenant' s Representatives to cause) any violation ofany REA, and shall comply( and cause each of Tenant' s Representatives to comply) with each and every provision of any REA applicable to Tenant' s use and occupancy of the Premises and the Center throughout the Term.
51. Termination of Lease. Each of Landlord and Tenant will have the right to terminate the Lease upon not less than ninety( 90) days prior written notice to the other party, which notice will set forth the Early Termination Date. Any termination ofthe Lease under this Section 51 will be subject to the following conditions:
51. 1 Tenant' s Conditions Precedent. If Tenant elects to terminate the Lease, then( a) Tenant will not be in default under any of the terms, covenants, and conditions ofthe Lease beyond any applicable grace period;( b) no part of the Premises will be sublet for a term extending beyond the Early Termination Date; and( c) the Lease will not have been assigned by Tenant; all three of the preceding conditions must be met both at the date of delivery by Tenant of its written election to terminate and on the Early Termination Date.
51. 2 Termination of Term. Upon termination under this Section 51, the Lease will cease and expire on the Early Termination Date with the same force and effect as ifthe Early Termination Date were the date originally provided in the Lease as the expiration date ofthe Lease term. However, Tenant' s obligations to pay rent and to perform all other obligations under the Lease for the period up to and including the Early Termination Date will survive the termination of the Lease.
51. 3 Surrender of Premises. Tenant will vacate and surrender possession ofthe Premises to Landlord on or before the Early Termination Date, with time being of the essence, in broom clean condition, with all of Tenant' s personal property removed and otherwise in accordance with the terms ofthis Lease as ifthe Early Termination Date was the original expiration date of the Term. Tenant will not be released from any of its obligations under this Lease until Tenant has vacated and surrendered possession of the Premises in accordance with this Lease. Therefore, Tenant will remain liable for all Rent and all other sums payable under this Lease through and including the Early Termination Date and will pay all such amounts in accordance with this Lease. If Tenant vacates and surrenders the Premises on or before the Early Termination Date, and pays all amounts due and payable to Landlord under this Lease through and including the Early Termination Date, then Tenant will have no further obligations under this Lease after the Early Termination Date, except for those obligations that expressly survive the expiration ofthis Lease.
51. 4 Failure to Surrender Premises. If Tenant fails to vacate and surrender the Premises on or before the Early Termination Date, then such failure will constitute an Event ofDefault by Tenant under this Lease and, in addition to any other right or remedy available to Landlord,( a) Tenant will pay, as Additional Rent, Landlord the amount ofFive Hundred Dollars 500.00) per full or partial day for which Tenant occupies the Premises beyond the Early Termination Date, which payment will be in addition to Base Rent and Additional Rent payable to Landlord under the Lease;( b) Landlord will be entitled to recover from Tenant any and all Claims( including loss ofprofits and other consequential damages) of Landlord arising out of Tenant' s
P:\ Golf Mill Retail\Leasing\Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 15 failure or inability to vacate and surrender the Premises to Landlord on or before the Early Termination Date; and( c) Landlord will have the right to rescind the termination of this Lease and elect to accelerate the Rent in accordance with this Lease.
51. 5 Proration of Rent. If the Early Termination Date is not the last day of a calendar month, all rent for the month in which the Early Termination Date occurs will be appropriately apportioned.
52. Previous Lease. Tenant represents and warrants to Landlord that as ofthe Effective Date,( a) Tenant is in occupancy of the Premises pursuant to the Previous Lease, and shall remain in occupancy pursuant to the Previous Lease until the Commencement Date, after which this Lease shall govern and control,( b) Landlord is not in default under the Previous Lease, c) there is no event which, with the giving of notice or the passage of time would constitute a default by Landlord under the Previous Lease,( d) there is no event or condition that would give Tenant the right to terminate the Previous Lease,( e) Tenant has no rights of offset against any rent payable by Tenant under the Previous Lease, and( f) Tenant has no defenses to Tenant' s obligations under the Previous Lease. In addition, if and to the extent any amounts are due and payable by Tenant to Landlord under the Previous Lease for any period prior to the Commencement Date, Tenant shall pay such amounts to Landlord as Additional Rent under this Lease. Furthermore, Tenant unconditionally and irrevocably releases, satisfies and discharges Landlord and Landlord' s Representatives from all Claims arising under or in connection with the Previous Lease, the Premises or the Center, for any period of time prior to the Effective Date.
53. Office of Foreign Asset Control Compliance. Tenant represents and warrants to Landlord that neither Tenant, any Affiliate of Tenant, nor any ofTenant' s Representatives, is a Blocked Person. Tenant will not permit any portion ofthe Premises to be used, occupied or operated by or for the benefit of any Blocked Person. Tenant will provide documentary and other evidence of Tenant' s identity and ownership as may be reasonably requested by Landlord at any time to enable Landlord to verify Tenant' s identity or to comply with any legal requirement or applicable Requirements. Tenant acknowledges that as a condition to the requirement or effectiveness of any consent by Landlord to any assignment, subletting or other transfer pursuant to this Lease, Tenant will cause the assignee, sublessee or other transferee, as applicable, for the benefit of Landlord, to reaffirm, on behalfof such party, the representations of,and to otherwise comply with the obligations set forth in, this Section. It will be reasonable for Landlord to refuse to consent to an assignment, subletting or other transfer in the absence of such reaffirmation and compliance. Tenant agrees to Landlord' s legal obligations( a) not to do business with Blocked Persons, and( b) to freeze any assets of Blocked Persons which may come into Landlord' s possession. Tenant releases Landlord from any liability to Tenant for any actions taken by Landlord in good faith efforts to comply with the foregoing obligations. Tenant will defend, indemnify and hold harmless Landlord from and against any and all Claims arising from or related to any breach of this Section by Tenant.
54. Advice of Counsel. Each of Landlord and Tenant has reviewed this Lease with its own legal counsel or had an opportunity to review this Lease with its own legal counsel.
55. Counterparts. This Lease may be executed in two or more counterparts, each ofwhich will be deemed an original, but all of which together will constitute one and the same instrument.
56. JURY WAIVER; COUNTERCLAIMS. LANDLORD AND TENANT WAIVE TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING INVOLVING ANY MATTER WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH ( A) THIS LEASE, ( B) THE RELATIONSHIP OF LANDLORD AND TENANT, ( C) TENANT' S USE OR OCCUPANCY OF THE PREMISES, OR( D) THE RIGHT TO ANY STATUTORY RELIEF OR REMEDY. TENANT FURTHER WAIVES THE RIGHT TO INTERPOSE ANY PERMISSIVE COUNTERCLAIM OF ANY NATURE IN ANY SUIT, ACTION OR PROCEEDING COMMENCED BY LANDLORD TO OBTAIN POSSESSION OF THE PREMISES. IF TENANT VIOLATES THIS PROVISION BY FILING A PERMISSIVE COUNTERCLAIM, WITHOUT PREJUDICE TO LANDLORD' S RIGHT TO 14AVE THE COUNTERCLAIM DISMISSED, THE PARTIES STIPULATE THAT SHOULD THE COURT PERMIT TENANT TO MAINTAIN THE COUNTERCLAIM, THE COUNTERCLAIM WILL BE SEVERED AND TRIED SEPARATELY FROM THE ACTION FOR POSSESSION UNDER APPLICABLE LAW. THE WAIVERS SET FORTH IN THIS SECTION ARE MADE KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY BY TENANT.
57. INTEGRATION. THIS LEASE CONSTITUTES THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE SUBJECT MATTER OF THIS LEASE. ALL PRIOR UNDERSTANDINGS AND AGREEMENTS BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE SUBJECT MATTER OF THIS LEASE ARE MERGED INTO THIS LEASE. LANDLORD ACKNOWLEDGES THAT NO REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT HAS BEEN MADE, ORALLY OR OTHERWISE, BY TENANT OR ANYONE ACTING ON BEHALF OF TENANT, UNLESS SUCH REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT IS EXPRESSLY SET FORTH IN THIS LEASE. LIKEWISE, TENANT ACKNOWLEDGES THAT NO REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT HAS BEEN MADE, ORALLY OR OTHERWISE, BY LANDLORD OR ANYONE ACTING ON BEHALF OF LANDLORD, UNLESS SUCH REPRESENTATION, WARRANTY, INDUCEMENT, PROMISE OR AGREEMENT IS EXPRESSLY SET FORTH IN THIS LEASE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH PARTY HEREBY EXPRESSLY WAIVES ANY CLAIM FOR FRAUD IN THE INDUCEMENT. IN ADDITION TO EXECUTING AND DELIVERING THIS LEASE, A DULY AUTHORIZED REPRESENTATIVE OF LANDLORD AND TENANT IS INITIALING THIS SECTION WHERE INDICATED BELOW TO AVOID ANY DOUBT WHATSOEVER THAT LANDLORD AND TENANT UNDERSTAND THE PROVISIONS OF THIS SECTION.
INITIALS INITIALS
LANDLO TENANT
P:\ GolfMill Retail\ Leasing\ Draft Leases\Niles Teen Center\Niles Teen Center Lease vl.doc Page 16 THE PARTIES have executed and delivered this Lease as of the Effective Date.
WITNESSES: LANDLORD:
SVAP GOLF MILL RETAIL, L.P., a Delaware limited partnership
By: SVAP Golf Mill Retail GP, LLC, a Delaware limited liability company, its general partner
By: SVAP Golf Mill, L.P., a Delaware limited partnership, its manager Print Name: By: SVAP GP, LLC, a Delaware limited liability company, its general partner 1I/Gy) Print Name: Q r
By:
BriaYkosoy w President pJ
TENANT:
VILLAGE OF NILES, ILLINOIS
Print Nam : By: s Name: Vl V t G Jrt vt f Title: Village President
Print Nam . 2,4 TNEp-i,,)E SPAA o By:
itle: Village Manager
game: Title: Village Clerk
BUSINESS APPROVED
P:\ Golf Mill Retail\Leasing\ Draft Leases\Niles Teen Center\Niles Teen Center Lease vl. doc Page 17 X lJ// Exhibit A
Land
PARCEL 1:
THAT PART OF T14E NORTHEAST 1/ 4 OF THE NORTHWEST 1/ 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/ 4 OF THE NORTHWEST 1/ 4, WHICH IS THE INTERSECTION OF THE CENTER LINE OF GOLF ROAD AND THE CENTER LINE OF GREENWOOD AVENUE; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHEAST 1/ 4 OF THE NORTHWEST 1/ 4 FOR A DISTANCE OF 1150.00 FEET TO A POINT; THENCE ON AN ASSUMED BEARING OF NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 52. 88 FEET TO A POINT ON THE EAST LINE OF GREENWOOD AVENUE AS DEDICATED NOVEMBER 21, 1932 BY DOCUMENT 11167090, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 320.51 FEET TO A POINT; THENCE SOUTH 19 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 39. 80 FEET TO A POINT; THENCE NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 37. 56 FEET TO THE NORTHWESTERLY CORNER OF A BRICK BUILDING OCCUPIED BY A SEARS ROEBUCK RETAIL STORE; THENCE NORTH 71 DEGREES 01 MINUTES 33 SECONDS EAST ALONG THE NORTHERLY FACE OF SAID BUILDING FOR A DISTANCE OF 154. 76 FEET TO A POINT; THENCE NORTH 11 DEGREES 48 MINUTES 57 SECONDS WEST ALONG SAID NORTHERLY FACE QF BUILDING FOR A DISTANCE OF 6. 00 FEET TO A POINT; THENCE NORTH 78 DEGREES 27 MINUTES 31 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 2534 FEET TO A POINT; THENCE NORTH 12 DEGREES 35 MINUTES 44 SECONDS WEST ALONG SAID NORTHERLY FACE OF BUILDING FORA DISTANCE OF 0.99 FEET TO A POINT; THENCE NORTH 76 DEGREES 04 MINUTES 43 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 53 FEET TO A POINT; THENCE NORTH 19 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 37 FEET TO A POINT; THENCE NORTH 70 DEGREES 35 MINUTES 38 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 82 FEET TO A POINT; THENCE SOUTH 19 DEGREES 13 MINUTES 42 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 53 FEET TO A POINT; THENCE NORTH 74 DEGREES 19 MINUTES 47 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 23. 76 FEET TO A POINT; THENCE NORTH 18 DEGREES 51 MINUTES 04 SECONDS WEST ALONG SAID NORTHERLY FACE OF BUILDING FORA DISTANCE OF 3. 90 FEET TO A POINT; THENCE NORTH 71 DEGREES 03 MINUTES 23 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 30. 44 FEET TO A POINT; THENCE SOUTH 18 DEGREES 48 MINUTES 28 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 95 FEET TO A POINT; THENCE NORTH 67 DEGREES 24 MINUTES 28 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 23. 78 FEET TO A POINT; THENCE NORTH 19 DEGREES 27 MINUTES 37 SECONDS WEST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 2.49 FEET TO A POINT; THENCE NORTH 70 DEGREES 32 MINUTES 23 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 85 FEET TO A POINT; THENCE SOUTH 18 DEGREES 55 MINUTES 41 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 43 FEET TO A POINT; THENCE NORTH 66 DEGREES 02 MINUTES 52 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 58 FEET TO A POINT; THENCE SOUTH 20 DEGREES 04 MINUTES 23 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FORA DISTANCE OF 1. 05 FEET TO A POINT; THENCE NORTH 63 DEGREES 28 MINUTES 27 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 50 FEET TO A POINT; THENCE SOUTH 25 DEGREES 26 MINUTES 36 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FORA DISTANCE OF 6. 06 FEET TO A POINT; THENCE NORTH 71 DEGREES 01 MINUTES 14 SECONDS EAST ALONG SAID NORTHERLY FACE OF BUILDING FOR A DISTANCE OF 50. 75 FEET TO THE NORTHEASTERLY CORNER OF SAID BRICK BUILDING; THENCE NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 36.00 FEET TO A POINT; THENCE NORTH 19 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 40.06 FEET TO A POINT; THENCE NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 338. 03 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE, SAID POINT BEING 55. 00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF MILWAUKEE AVENUE; THENCE NORTH 36 DEGREES 24 MINUTES 03 SECONDS WEST ALONG A LINE 55. 00 FEET SOUTHWESTERLY OF AND PARALLEL TO SAID CENTER LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 859.03 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100.00 FEET AND A CHORD BEARING NORTH 64 DEGREES 21 MINUTES 28 SECONDS WEST FOR A DISTANCE OF 97. 25 FEET TO A POINT OF TANGENCY; THENCE SOUTH 87 DEGREES 47 MINUTES 00 SECONDS WEST ALONG A LINE 55.00 FEET SOUTH OF AND PARALLEL TO THE CENTER LINE OF GOLF ROAD, FOR A DISTANCE OF 421. 02 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 50. 00 FEET AND A CHORD BEARING SOUTH 43 DEGREES 53 MINUTES 30 SECONDS WEST FOR A DISTANCE OF 76. 61 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF GREENWOOD AVENUE FOR A DISTANCE OF 1031. 57 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE NORTH 1/ 2 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT LOCATED 50. 00 FEET EAST AND 40.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTH EAST 1/ 4 OF THE NORTHWEST 1/ 4 OF SECTION 14; THENCE ON AN ASSUMED BEARING OF NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF CHURCH STREET, SAID LINE BEING 40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH 1/ 2 OF SECTION 14, FOR A DISTANCE OF 335.54 FEET TO A POINT OF BEGINNING; THENCE CONTINUING NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF CHURCH STREET FOR A DISTANCE OF 1388. 64 FEET TO A POINT ON A CURVE, SAID CURVE BEING THE NORTHWESTERLY LINE OF MARYLAND STREET AS DEDICATED SEPTEMBER 30, 1959 BY DOCUMENT 1888825; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE ON THE NORTHWESTERLY LINE OF MARYLAND STREET, SAID CURVE BEING CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 136. 00 FEET AND A CHORD BEARING NORTH 29 DEGREES 21 MINUTES 37 SECONDS EAST FORA DISTANCE OF 151. 51 FEET TO A POINT OF TANGENCY; THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHERLY LINE OF MARYLAND STREET ON A BEARING OF NORTH 61 DEGREES 14 MINUTES 05 SECONDS EAST FOR A DISTANCE OF 213. 57 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE AS DESCRIBED IN A QUIT CLAIM DEED
Exhibit A DATED JUNE 29, 1961 AND RECORDED AS DOCUMENT 18316718; THENCE NORTH 28 DEGREES 45 MINUTES 55 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 314.00 FEET TO A POINT, SAID POINT BEING 49.62 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF MILWAUKEE AVENUE; THENCE SOUTH 61 DEGREES 14 MINUTES 05 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 5. 00 FEET TO A POINT; THENCE NORTH 28 DEGREES 46 MINUTES 10 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 280.04 FEET TO A POINT, SAID POINT BEING 54. 68 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF MILWAUKEE AVENUE; THENCE NORTH 28 DEGREES 49 MINUTES 24 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 101. 65 FEET TO A POINT, SAID POINT BEING 54. 73 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER BLINE OF MILWAUKEE AVENUE; THENCE NORTH 28 DEGREES 40 MINUTES 58 SECONDS WEST ALONG THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 345. 62 FEET TO A POINT OF CURVATURE, SAID POINT BEING 55. 00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF MILWAUKEE AVENUE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE, SAID CURVE BEING ON THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5400.37 FEET AND A CHORD BEARING NORTH 30 DEGREES 32 MINUTES 45 SECONDS WEST, FOR A DISTANCE OF 319.52 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LAND CONVEYED BY MILWAUKEE-GOLF DEVELOPMENT CORPORATION TO SEARS ROEBUCK AND COMPANY BY WARRANTY DEED DATED APRIL 12, 1957 AND RECORDED APRIL 26, 1957 AS DOCUMENT 16887721, IN THE OFFICE OF THE RECORDER OF DEEDS, IN AND FOR COOK COUNTY, ILLINOIS; THENCE SOUTH 71 DEGREES 00 MINUTES 00 SECONDS WEST ALONG SAID SOUTHEASTERLY LINE OF LAND CONVEYED BY DEED DATED APRIL 12, 1957, FOR A DISTANCE OF 456.31 FEET TO A POINT; THENCE NORTH 19 DEGREES 00 MINUTES 00 SECONDS WEST FORA DISTANCE OF 97. 06 FEET TO A POINT; THENCE SOUTH 71 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 36.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID BRICK BUILDING OCCUPIED BY A SEARS ROEBUCK RETAIL STORE; THENCE SOUTH 71 DEGREES 04 MINUTES 44 SECONDS WEST ALONG THE SOUTHERLY FACE OF SAID BUILDING FOR A DISTANCE OF 50. 86 FEET TO A POINT; THENCE SOUTH 12 DEGREES 37 MINUTES 40 SECONDS EAST ALONG SAID SOUTHERLY FACE OF SAID BUILDING FOR A DISTANCE OF 5. 95 FEET TO A POINT; THENCE SOUTH 78 DEGREES 20 MINUTES 39 SECONDS WEST ALONG SAID SOUTHERLY FACE OF SAID BUILDING FORA DISTANCE OF 25.46 FEET TO A POINT; THENCE SOUTH 13 DEGREES 19 MINUTES 16 SECONDS EAST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 1. 10 FEET TO A POINT; THENCE SOUTH 76 DEGREES 09 MINUTES 58 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 54 FEET TO A POINT; THENCE SOUTH 18 DEGREES 40 MINUTES 02 SECONDS EAST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 44 FEET TO A POINT; THENCE SOUTH 71 DEGREES 36 MINUTES 50 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 80 FEET TO A POINT; THENCE NORTH 17 DEGREES 11 MINUTES 36 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FORA DISTANCE OF 2. 54 FEET TO A POINT; THENCE SOUTH 74 DEGREES 42 MINUTES 36 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FORA DISTANCE OF 23. 82 FEET TO A POINT; THENCE SOUTH 19 DEGREES 08 MINUTES 37 SECONDS EAST ALONG SAID SOUTHERLY FACE OF BUILDING FORA DISTANCE OF 4. 00 FEET TO A POINT; THENCE SOUTH 71 DEGREES 20 MINUTES 19 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 30. 46 FEET TO A POINT; THENCE NORTH 18 DEGREES 24 MINUTES 45 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 90 FEET TO A POINT; THENCE SOUTH 68 DEGREES 07 MINUTES 09 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 23. 76 FEET TO A POINT; THENCE SOUTH 19 DEGREES 13 MINUTES 19 SECONDS EAST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 48 FEET TO A POINT; THENCE SOUTH 70 DEGREES 02 MINUTES 43 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 2. 75 FEET TO A POINT; THENCE NORTH 19 DEGREES 57 MINUTES 17 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 3. 00 FEET TO A POINT; THENCE SOUTH 65 DEGREES 53 MINUTES 12 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 58 FEET TO A POINT; THENCE NORTH 22 DEGREES 18 MINUTES 45 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 1. 10 FEET TO A POINT; THENCE SOUTH 63 DEGREES 32 MINUTES 35 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 25. 34 FEET TO A POINT; THENCE NORTH 27 DEGREES 11 MINUTES 53 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FORA DISTANCE OF 5. 96 FEET TO A POINT; THENCE SOUTH 70 DEGREES 58 MINUTES 00 SECONDS WEST ALONG SAID SOUTHERLY FACE OF BUILDING FOR A DISTANCE OF 78. 18 FEET TO THE SOUTHWESTERLY CORNER OF SAID BRICK BUILDING; THENCE CONTINUING SOUTH 70 DEGREES 58 MINUTES 00 SECONDS WEST ALONG THE SOUTHERLY FACE OF A BRICK WALL FOR A DISTANCE OF 57. 86 FEET TO THE SOUTHWESTERLY CORNER OF SAID BRICK WALL; THENCE SOUTH 71 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 69. 29 FEET TO A POINT; THENCE SOUTH 19 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 97. 06 FEET TO A POINT; THENCE SOUTH 71 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 453. 76 FEET TO A POINT ON THE EAST LINE OF GREENWOOD AVENUE; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF GREENWOOD AVENUE FORA DISTANCE OF 636. 59 FEET TO A POINT; THENCE NORTH 71 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 276.39 FEET TO A POINT; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 236. 53 FEET TO A POINT; THENCE NORTH 87 DEGREES 44 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 73. 98 FEET TO A POINT; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 236.43 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING: THAT PART OF THE NORTHWEST 1/ 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/ 4 OF SAID NORTHWEST 1/ 4 OF SECTION 14; THENCE ON AN ASSUMED BEARING OF DUE NORTH ALONG THE WEST LINE OF THE EAST 1/ 2 OF THE NORTHWEST 1/ 4 OF SECTION 14( ALSO BEING THE CENTERLINE OF GREENWOOD AVENUE) FOR A DISTANCE OF 764.66 FEET TO A POINT; THENCE DUE EAST FOR A DISTANCE OF 817. 41 FEET TO A POINT; SAID POINT BEING THE CENTER OF A CIRCLE OF RADIUS 45. 00 FEET, THE CIRCUMFERENCE OF SAID CIRCLE BOUNDING THE AREA THAT IS DESCRIBED HEREIN, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE SOUTHWEST 1/ 4 OF THE NORTHEAST 1/ 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID QUARTER SECTION WITH THE CENTER LINE OF MILWAUKEE AVENUE; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER SECTION FOR A DISTANCE OF 233.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 68 DEGREES 49 MINUTES 10 SECONDS, MEASURED FROM
Exhibit A WEST TO NORTHWEST FROM THE SOUTH LINE OF THE NORTHEAST 1/ 4 OF SAID SECTION 14, FORA DISTANCE OF 76. 15 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 123 DEGREES 54 MINUTES 20 SECONDS, MEASURED FROM THE SOUTHEAST TO THE NORTHEAST FROM THE LAST DESCRIBED LINE, FORA DISTANCE OF 57.38 FEET TO AN INTERSECTION WITH A LINE PARALLEL TO THE SOUTH LINE OF THE AFORESAID NORTHEAST 1/ 4 OF SECTION 14, WHICH IS 132 FEET NORTHWESTERLY THEREFROM, AS MEASURED ALONG THE CENTER LINE OF MILWAUKEE AVENUE, THENCE EAST ALONG SAID PARALLEL LINE, THIS LINE ALSO BEING THE NORTH LINE OF LAND CONVEYED TO THE EVANGELICAL LUTHERAN ST. MATHAUS GEMEINDE OF THE TOWN OF MAINE, BY QUIT CLAIM DEED DATED MARCH 17, 1947 AND RECORDED AS DOCUMENT 14022778, FORA DISTANCE OF 116. 59 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF MILWAUKEE AVENUE AS DESCRIBED ON A QUIT CLAIM DEED DATED JUNE 29, 1961 AND RECORDED AS DOCUMENT 18316718; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF MILWAUKEE AVENUE FOR A DISTANCE OF 89.68 FEET TO A POINT ON THE SOUTHERLY LINE OF MARYLAND STREET AS DEDICATED SEPTEMBER 30, 1959 BY DOCUMENT 1888825; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE OF MARYLAND STREET FOR A DISTANCE OF 213.57 FEET TO A POINT OF CURVATURE; THENCE CONTINUING SOUTHWESTERLY ALONG THE ARC OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 70. 00 FEET FOR A DISTANCE OF 77. 60 FEET TO A POINT ON THE NORTH LINE OF CHURCH STREET AS VACATED BY DOCUMENT 18363273; THENCE SOUTHERLY TO THE SOUTH LINE OF THE NORTHEAST 1/ 4 OF SAID SECTION 14 A DISTANCE OF 40.03 FEET; THENCE EASTERLY ALONG THE SOUTH LINE OF THE NORTHEAST 1/ 4 OF SECTION 14 FOR A DISTANCE OF 149. 55 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PARCEL 4:
A TRACT OF LAND IN THE SOUTH EAST 1/ 4 OF THE NORTHWEST 1/ 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT LOCATED 50. 00 FEET EAST AND 40.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTH EAST 1/ 4 OF THE NORTHWEST 1/ 4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN; PROCEED NORTHERLY ALONG A LINE 50.00 FEET EAST OF AND PARALLEL TO T14E WEST LINE OF AFORESAID SOUTH EAST 1/ 4, 393. 31 FEET TO A POINT; THENCE PROCEED NORTHEASTERLY 109 DEGREES 00 MINUTES COUNTERCLOCKWISE FROM THE AFORESAID LINE, 276. 39 FEET TO A POINT; THENCE PROCEED SOUTHERLY 236.53 FEET ALONG A LINE PARALLEL TO THE WEST LINE OF AFORESAID SOUTH EAST 1/ 4 TO A POINT; THENCE PROCEED EASTERLY ALONG A LINE PARALLEL TO THE SOUTH LINE OF THE AFORESAID SOUTH EAST 1/ 4 73. 98 FEET TO A POINT; THENCE PROCEED SOUTHERLY ALONG A LINE PARALLEL TO THE AFORESAID WEST LINE OF THE SOUTH EAST 1/ 4, 236.43 FEET TO A POINT IN THE NORTH LINE OF CHURCH STREET; THENCE PROCEED WESTERLY ALONG A LINE 40.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE AFORESAID SOUTH EAST 1/ 4 335.54 FEET TO A POINT, THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
Exhibit A Exhibit B
Premises
GOLF MILL SHOPPING CENTER nnauiN-uNe
239 Golf Mill Center, Mlles( Chicaco}, IL 60714 S T E R L I N G
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Exhibit B Exhibit C
Prohibited Uses
1. GENERAL RESTRICTIVE USES:
a) Bowling alley b) Funeral parlor
c) Office d) Restaurant
e) Automotive sales or repairs f) Hotel or lodging facilities g) Gun range h) " Flea market'; except antiques, estate merchandise," upscale merchandise" or consignment merchandise i) Night club, discotheque or dance hall Q) Warehouse k) Game room 1) Skating rink m) Billiard room or pool hall
n) Health spa or studio
o) Gymnasium
p) Massage parlor q) Adult bookstore r) Theater primarily showing" X" rated or other sexually explicit, youth-restricted movies s) " Head shop" or drug paraphernalia store t) Store showing so called" peep" shows u) Store selling items primarily concerning sexuality( e.g. a so-called" sex shop") v) Off-track betting parlor w) Bar serving alcoholic beverages; except as an incidental to a full kitchen restaurant operation x) Training or educational facility y) For the purposes of manufacturing
2. SPECIFIC EXCLUSIVE AND RESTRICTIVE USES:
II. SEARS AGREEMENT
10. Restrictive Covenants iii) There shall be no selling activities conducted on the Sears Parcels or the Developer Parcels outside the buildings constructed within the Permissible Building Areas other than( a) gasoline pump facilities on Sears Parcel No. 1,( b) a maximum often( 10) kiosks in the Enclosed Mall at the locations shown therefor on the Site Plans provided, however, that no such kiosks shall( aa) contain more than two hundred fifty( 250) square feet ofFloor Area,( bb) be erected so as to provide less than twelve( 12) feet of clearance between the kiosk and the walls of the Enclosed Mall as to kiosks on Developer Parcel No. 1 and ten( 10) feet of clearance as to kiosks on Developer Parcel No. 2, cc) not exceed ten( 10) feet in height, except that the kiosk on Developer Parcel No. 2 closest to the Sears Store shall not exceed eight( 8) feet in height and the kiosk on Developer Parcel No. 1 closest to the Sears Store shall not exceed eight( 8) feet in height, shall have a counter level not to exceed forty-two( 42) inches in height and shall have no top band element perpendicular to the Enclosed Mall which is in excess of forty-eight( 48) inches in width or twenty-four( 24) inches in height,( dd) be erected within one hundred( 100) feet of the entrance ofthe Sears Store onto the Enclosed Mall on Developer Parcel No. 1,( cc) be devoted to a use which results in obnoxious odors or untidiness, or( ff) offer food or beverages for sale other than packaged foods intended for consumption off the Shopping Center,( c) any Mall boutique shops located in the Enclosed Mall adjacent to the southerly wall of the Sears Store at the location shown on the Site Plans, d) drive-in bank or savings and loan auto- teller stations on the Sears or Developer Parcels or restaurant drive-thru windows on the Developer Parcels,( e) infrequent events sponsored or approved by the Shopping Center Merchants Association, or( f)temporary outdoor seasonal sales of lawn and garden supplies on the Sears Parcels in an area not to exceed five thousand( 5, 000) square feet, the location of which shall be subject to the prior approval of Developer, which approval shall not be unreasonably withheld...
viii) ... the use of the Developer Parcels and the Sears Parcels shall be limited to operations oriented to consumer goods and services and which are compatible with the operation of a regional shopping center, such use to include retail and service stores, offices, medical buildings, restaurants, banks and other financial institutions, theatres, and other uses which are now or hereafter customary in regional shopping center development.
3. Limited Use Restriction. Developer covenants and agrees that it will not permit any building, improvements or space within the new Permissible Building Area located in the southeasterly portion ofthe Shopping Center which is adjacent to the intersections of Milwaukee Avenue and Maryland Street and Church Street and Maryland Street and referred to in Paragraph 2( d) hereof to be used for the sale, service, display or storage of tires, batteries or other automotive parts, equipment and accessories normally sold in Sears' tire and battery stores."
Exhibit C
Pagel of 9 Jr y 4i. stn
III. SPECIFIC EXCLUSIVE AND RESTRICTIVE USES:
AMC
Article 22. 2- Restrictions Unon Landlord
Landlord shall not:( i) sell or lease any portion of the Shopping Center for the operation ofa motion picture theatre;( ii) sell or lease any property adjoining the Shopping Center which is owned or controlled by Landlord to any party for the operation ofa motion picture theatre; or( iii) consent to or allow any other tenant of the Shopping Center to change its Permitted Use so as to be able to operate a motion picture theatre within the Shopping Center."
BOOST
Landlord shall[ not] lease space within fifteen( 15) feet of the Premises in the Shopping Center to a Competing Business( defined below) for the Exclusive Use( as defined below)... " Exclusive Use" shall mean the operation of a business selling cellular phones and service. Competing Business" shall mean a business not affiliated with Tenant which uses its premises in the Shopping Center primarily for the Exclusive Use, excluding:
a) any business occupying its premises directly or( as an assignee, sublessee, licensee or concessionaire) indirectly under a lease that was executed prior to the execution of this Lease but is in effect as of the date of this Lease( a" Prior Lease"), a renewal or extension ofa Prior Lease, or a new lease that is executed by a business which leased or occupied premises in the Shopping Center directly or indirectly under a Prior Lease;
b) any anchor or variety and specialty store, theatre, drug or grocery store or any portion of the Shopping Center not controlled by Landlord;
c) any business which incidentally engages in the Exclusive Use;( For purposes ofthis Reference Provision 1. 28, a business shall be deemed to be using its premises primarily for the Exclusive Use if,on an annual basis, more than 50% of its premises are devoted to the Exclusive Use. A business shall be deemed to be using its premises in the Shopping Center incidentally for the Exclusive Use if,on an annual basis, less than 50% of its premises are devoted to the Exclusive Use.);
d) any business which engages in the Exclusive Use, but is not specifically permitted to do so in its lease, and,
e) any tenant located in any area of the Shopping Center which is expanded subsequent to the execution of this Lease."
DOLLAR BLITZ
1. 28 ... Landlord shall[ not] lease space in the Shopping Center to a Competing Business( defined below) for the Restricted Use( as defined below) during the Term...' Restricted Use" shall mean the operation ofa business whose primary use is a dollar store offering the retail sale of merchandise priced at$ 1. 00 or less." Competing Business" shall mean a business not affiliated with Tenant which uses at least 80% of its premises in the Shopping Center primarily for the Restricted Use, excluding:
a) any business occupying its premises directly or( as an assignee, sublessee, licensee or concessionaire) indirectly under a lease that was executed prior to the execution ofthis Lease but is in effect as ofthe date ofthis Lease( a" Prior Lease") or a temporary lease with a term of less than 1 year;
b) any anchor, variety or specialty store;
c) any business which incidentally engages in the Restricted Use;( A business shall be deemed to be using its premises in the Shopping Center incidentally for the Restricted Use if,on an annual basis, less than 10% of its premises are devoted to the Restricted Use.); and,
d) any business which engages in the Restricted Use, but is not specifically permitted to do so in its lease; provided, however, Landlord agrees to use commercially reasonable efforts to enforce its lease against such business in order to stop such business from engaging in the Restricted Use."
Exhibit C
Page 2 of 9 Certain words used in the foregoing are defined as follows:
An" anchor" is any operation, land, building, store or business whether occupied or vacant, and whether owned or leased, which leases or occupies 50,000 contiguous square feet or more of space in the Shopping Center. A" variety or specialty store" is( aa) an occupant which leases or occupies between 10,000 and 49,999 square feet of space in the Shopping Center, or is( bb) a restaurant occupant having an exterior entrance."
EXTREME FITNESS
Section 4. 01. Use of Premises.
b) ... Landlord Parties shall not allow another person or entity to lease, license, occupy, possess or operate( i) any space in the Shopping Center( exclusive of Tenant) or( ii) any space owned or leased by a Landlord Party located within a three( 3) mile radius of the Demised Premises(" Other Space") for the ownership or operation ofa gym, health club, or fitness center, or for the ownership or operation ofa tanning salon providing tanning services' provided, however, Landlord Parties may allow other tenants in the Shopping Center to install and operate tanning beds in their premises as a use ancillary to their primary business, provided that the aggregate number oftanning beds in the Shopping Center does not exceed five( 5) beds( exclusive of Tenant). Notwithstanding anything contained to the contrary in this Lease, this Article 4.01( b) shall not prohibit Landlord from leasing space in the Shopping Center to tenants whose Permitted Use is the practice of physical therapy, physical rehabilitation or chiropractic therapy."
GFS MARKETPLACE
USE OF THE PROPERTY.
b. Restrictions. Other than the Leased Land...[ but specifically excluding( i) any current tenant of any portion of the Shopping Center, through all expansions( provided that except with respect to Target and/ or Shop-N- Save, Landlord shall not permit such expansions to be utilized for the Primary Use set forth at§ 20( a)), extensions, and renewals of existing leases; any successors- in- interest to a current tenant; and any other entity whose business would be similar to that of an establishment currently located in the Shopping Center; and( ii) any future tenant( except as set forth below) ofthe Shopping Center with a gross floor area in excess of 50,000 square feet,] no part ofthe Shopping Center shall be used by( a) any business which derives more than twenty( 20) percent ofsales from the following items, either collectively or individually: unprepared food items, food related warehouse- type club pack items or restaurant supplies;( b) any business engaged in the sale of goods or services catering to adult prurient interest as reasonably determined by Landlord; or( c) a Sam's Club or Costco."
JCPENNY
14. MAINTENANCE OF ENCLOSED MALL, PARKING AND OTHER COMMON FACILITIES:
B. ... Except for promotions sponsored by the Merchants Association, kiosks located within Permissible Kiosk Areas, wall boutiques located in the Enclosed Mall adjacent to the Sears Store in the location shown on Exhibit B as Boutique Shops" and the area designated" Food Court" on Exhibit B, the Enclosed Mall shall not be used for the display or sale ofmerchandise or for any other purpose not contemplated by this Lease. Except for promotions sponsored by the Merchants Association and except for the uses permitted by Paragraph 10A( iii) of the Sears Agreement, no selling activities shall be permitted within the parking areas or on the sidewalks within the Entire Premises.
Landlord agrees that each lease or agreement under which space in the Entire Premises is rented to or occupied by an operator of a store or other establishment will require such operator to exert every reasonable effort to cause its employees to use for parking purposes only the area so designated.
26. ADDITIONAL COVENANTS OF LANDLORD:
a) All buildings located on portions of the Landlord's Parcel lying outside the Demised Premises, except for the building constructed in the" Proposed Department Store No. 3 Permissible Building Area" and those buildings having some other specific use which is designated on Exhibit B hereto or which comprise part of the Common Facilities, shall be used only for the operation of establishments selling goods, wares, merchandise, food, beverages and services to the public at retail and for such office and storage areas as may reasonably be needed in connection with the operation of the Shopping Center.
c) No kiosk shall be erected within the Enclosed Mall which is not located within a Permissible Kiosk Area as shown on said Exhibit B or, if in a location where permitted, which exceeds 10 feet in height, which occupies an area of more than 250 square feet, which is located closer than twelve( 12) feet from any adjacent wall or storefront if such kiosk is located on Parcel I ofLandlord's Parcel or closer than ten( 10) feet if such kiosk is located on Parcel III of Landlord's Parcel, which has ceiling projections with less than ten( 10) feet clearance above the finished floor, or which is used for a purpose causing obnoxious odors or untidiness.
e) No food or beverage dispensing facility of any kind whatsoever shall be located within 150 feet of an entrance to Tenant's Main Store Building.
4. Outdoor Sales Area. Anything contained in the Lease to the contrary notwithstanding. Tenant hereby agrees that the portion of the Common Area shown on Exhibit A and labeled" Outside Sales Area" may be used for the sale( out of doors and/ or from tents or othe
r
Exhibit C
Page 3 of 9 temporary structures) of seasonal merchandise during the months of April through July, both inclusive; provided, however that the parking ratio set forth in the Lease shall continue to be maintained notwithstanding the reduction in spaces caused by the Outside Sales Area when the same is utilized."
KOHL' S
Section 9.01 Landlord's Operating Covenant.
a. ... Landlord's Parcel shall be used only for the operation of establishments selling goods, wares, merchandise, food, beverages and services to the public at retail and for such office and storage areas as may reasonably be needed in connection with the operation of a shopping center; provided that... no more than 20% of the Floor Area in the North Stores shall be used for non-retail purposes.
Section 11. 02 Kiosks and Wall Boutiques. During the term of this lease kiosks and wall boutiques may be erected in that portion ofthe Enclosed Mall on the North Tract only within the areas, if any, shown therefor on Exhibit B. During the term of Landlord's operating covenant, kiosks and wall boutiques may be erected in that portion ofthe Enclosed Mall on the South Tract only within the areas shown therefor on Exhibit B. None of said kiosks shall exceed twelve( 12) feet in the horizontal direction perpendicular to the direction of the mall concourse in which it is located, nor occupy in excess oftwo hundred fifty( 250) square feet of Floor Area. Neither kiosks nor wall boutiques shall be used for any activity which gives rise to loud noises or obnoxious odors or, if located within 150 feet ofthe entrance to the Tenant Store Building from the Enclosed Mall, involve the sale of food or beverages, except those sold in packages and intended for consumption offthe Shopping Center Parcel. Any and all kiosks and wall boutiques maintained in the Enclosed Mall shall comply with the provisions of Section 11. 04 hereof.
Section 11. 03 Manner of Operation. ... Landlord shall... use its best efforts to prohibit( and all leases hereafter entered into for space in the buildings now on or hereafter located on the Landlord's Parcel shall forbid) any occupant of the buildings now or hereafter located on the Landlord's Parcel from conducting or permitting any auction, fire, bankruptcy, or going out of business sale within the Landlord's Parcel...
Landlord] shall not( i) use, or permit to be used on[ Landlord' s] Parcels, any advertising medium that might constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs or radios or television broadcasts, in a manner which can be heard outside of the premises ofthe occupant employing such medium;( ii) burn or permit to be burned trash or store or permit to be stored any trash or garbage in any area other than the occupant's own premises or within appropriate enclosed receptacles;( iii) use or permit the use ofany portion of the buildings on[ Landlord' s] Parcels by any types of occupants that create undue noise, litter or odor, or by clearly objectionable types of occupants, including for purposes of illustration establishments selling pornographic materials; or( iv) park or permit the parking of trucks and delivery vehicles so as to unreasonably interfere with, or suffer or permit any other use thereof to interfere with, the use of any driveways, walks, roadways, highways, street malls, or other Common Areas. In addition to all other restrictions herein contained, Landlord agrees]... the Landlord's Parcel... shall not be used for any ofthe following purposes:( i) funeral parlor;( ii) lumber yard or junk yard;( iii) automobile( including passenger cars, trucks, farm machinery, and any other vehicle that customarily travels on the highway) or boat dealer or repair shop;( iv) garage, TBA[ includes automotive parts and accessories like tires, batteries, brakes, etc.]( except in Permissible Building Areas as shown on Exhibit B adjacent to and in connection with the operation of a department store located in the South Tract), or gas station; or( v) for industrial or manufacturing purposes.
Section 11. 04 Location of Selling Activities. Except as provided in Section 11. 05 hereof or in Section IOA.(iii) of the Shopping Center Operating Agreement, there shall be no selling activities conducted outside the permitted buildings on the Shopping Center Parcel. Landlord agrees that no movie theater shall be located on the North Tract. ... Landlord agrees that no merchandise shall be displayed, sold or offered for sale in the Enclosed Mall except( a) in kiosks and wall boutiques constructed, operated, and located as provided in Section 11. 02 hereof;( b) automatic bank teller machines and postage machines may be located along interior walls of the Enclosed Mall, which machines shall not be located within one hundred fifty feet( 150') ofthe Tenant's Store Building' s entrance onto the Enclosed Mall;( c) as a part oftemporary, irregular promotions by the Merchants' Association, which promotions shall not be held within 150 feet ofthe Tenant' s Store Building' s entrance onto the Enclosed Mall unless Tenant, in its sole discretion, shall otherwise agree; or( d) as part ofthe operation ofthe Food Court shown on Exhibit B hereto. No video game machines, vending machines, juke boxes or any other coin operated devices( other than lockers and telephones) shall be located within the Enclosed Mall or outside ofthe permitted Buildings on Landlord' s Parcel.
Landlord shall not permit the use of any space contained in the Mall Store Buildings and opening into the Enclosed Mall( i) within one hundred feet( 100') ofthe Tenant' s Store Building' s entrance onto the Enclosed Mall for any restaurant, cafeteria, food carry- out, delicatessen, pizza parlor, bakery, liquor store, record or tape store, radio, television or sound equipment store, beauty or barber shop, piano or organ store, amusement arcade or parlor, or pet store, nor( ii) within one hundred fifty feet( 150') ofthe Tenant' s Store Building' s entrance onto the Enclosed Mall for a fruit store, a meat or fish market, a laundry or dry cleaning establishment or a Laundromat, or a bar, cocktail lounge or tavern.
Section 11. 05 Obstruction to Parking Areas.
a) ... Landlord further agrees that the said parking areas, sidewalks, access roads, streets and driveways[ of the Shopping Center] shall not be used for the display or sale of merchandise or for any other purpose not contemplated by this lease except 1) as expressly allowed as to the Sears Tract by Section IOA( iii) of the Shopping Center Operating Agreement, 2) for temporary, irregular promotions approved by the Merchant' s Association which promotions shall not be held within 300 feet ofany boundary ofTenant' s Parcel unless Tenant, in its sole discretion, shall otherwise agree, and, 3) for drive-in bank or savings and loan auto teller stations located on the South Tract, or restaurant drive thru windows operated in connection with buildings located within Permissible Building Areas shown on Exhibit B.
Exhibit C
Page 4 of 9 Section 8. Closure of Interior Entrance.
Furthermore, if Tenant[ closes the] mall entrance[ between the Premises and the Enclosed Mall], the following shall occur:
a) ... Landlord shall not permit the following uses in the Enclosed Mall:
i) Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled in the Common Area of the Enclosed Mall( except that.this provision shall not prohibit normal cooking odors which are associated with a first-class
restaurant operation);
ii) Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, or distilling operation;
iii) Any" second hand" store or" surplus" store, thrift shop or other business principally engaged in the sale ofused merchandise( except that this provision shall not prohibit the operation of a" Play It Again Sports" store or similar concept provided that such store or concept has a regional or national presence);
iv) Any dumping, disposing, incineration, or reduction ofgarbage( exclusive ofgarbage compactors located near the rear of the Enclosed Mall);
v) Any fire sale, going out of business sale, bankruptcy sale( unless pursuant to a court order) or auction house operation;
vi) Any central laundry, central dry cleaning plant or laundromat;
vii) Any service station or automobile, truck, trailer or recreational vehicles sales, leasing, display, body shop or repair operation;
viii) Any bowling alley or movie theater, provided, however, that this provision shall not prohibit the operation of a bowling alley or movie theater located in that portion of the Enclosed Mall located south of the south line of the premises identified on Exhibit B as Sears;
ix) Any night club or live performance theater;
x) Any living quarters, sleeping apartments or lodging rooms;
xi) Any veterinary hospital or animal raising facility( except that this prohibition shall not prohibit pet shops or pet supply superstores and veterinary services which are incidental thereto);
xii) Any mortuary, funeral home or crematory;
xiii) Any adult book store, adult video store, adult movie theater or other establishment selling, renting or exhibiting pornographic materials or drug-related paraphernalia( except that this provision shall not prohibit the operation ofa bookstore or video store which carries a broad inventory of books or videos and other materials directed towards the interest of the general public( as opposed to specific segment thereof]);
xiv) Any bar, tavern, Restaurant or other establishment whose reasonably projected annual gross revenues from the sale of alcoholic beverages for on- premises consumption exceeds forty percent( 40%) of the gross revenues of such business;
xv) Any flea market, pool or billiard hall, tattoo parlor or dance hall;
xvi) Any church, school, day care center or related religious or educational facility or religious reading room;
xvii) Any massage parlor( except that this provision shall not prohibit massages in connection with a beauty salon, health club or athletic facility); and
xviii) Any casino or other gambling facility or operation, including but not limited to, off-track or sports betting parlors, table games such as blackjack or poker, slot machines, video gambling machines and similar devices, and bingo halls except that this provision shall not prohibit government sponsored gambling activities or charitable gambling activities if such activities are incidental to the business operation being conducted by the occupant)."
MCDONALD' S
AS TO PARAGRAPHS 1( 0) AND 21:... Landlord[ shall not] enter into a lease with a tenant or occupant for, or consent to the use of, a store location within the enclosed mall of the Shopping Center( hereinafter referred to as the" Restricted Zone") whose permitted use includes the sale of fast-food hamburgers sold over the counter or through a drive-thru window,( including, by way of example, but not limited to the following: Carl' s Jr., Jack-in-the-Box, Burger King, Wendy's, A& W and Sonic etc.)..."
PANDA EXPRESS
1. 28 ... Landlord shall[ not] lease more than two( 2) spaces within the food court area in the Shopping Center to a Competing Business
Exhibit C
Page 5 of 9 defined below) for the Exclusive Use( as defined below) during the Term... " Exclusive Use" shall mean the operation of a business whose primary use is the sale of" Asian" food( Asian food shall be defined as Chinese, Japanese including Sushi, Vietnamese, Thai, Hawaiian, Mongolian, Cajun, Indian, and Korean foods, foods cooked in a wok, food generally recognized as Chinese food, soy sauce based food, and Asian food in a buffet format." Competing Business" shall mean a business not affiliated with Tenant which uses its premises in the Shopping Center primarily for the Exclusive Use, excluding:
a) any business occupying its premises directly or( as an assignee, sublessee, licensee or concessionaire) indirectly under a lease that was executed prior to the execution of this Lease but is in effect as of the date of this Lease( a" Prior Lease"), a renewal or extension ofa Prior Lease, or a new lease that is executed by a business which leased or occupied premises in the Shopping Center directly or indirectly under a Prior Lease;
b) any anchor, variety or specialty store;
c) any business which incidentally engages in the Exclusive Use( A business shall be deemed to be using its premises in the Shopping Center incidentally for the Exclusive Use if,on an annual basis, 25% of net sales are devoted to the Exclusive Use.); and
d) any business which engages in the Exclusive Use, but is not specifically permitted to do so in its lease, provided Landlord shall use reasonable efforts to have such business cease engaging in the Exclusive Use."
Certain words used in the foregoing are defined as follows:
An" anchor" is any operation, land, building, store or business whether occupied or vacant, and whether owned or leased, which leases or occupies 30, 000 contiguous square feet or more of space in the Shopping Center. A" variety or specialty store" is( aa) an occupant which leases or occupies between 10, 000 and 29, 999 contiguous square feet of space in the Shopping Center, or is( bb) a restaurant occupant having an exterior entrance."
ROSS DRESS FOR LESS
3. 2. Nature of the Shopping Center.
3. 2. 1. Retail Use.
a) General. ... Landlord's Parcel is and shall remain retail in character, and, further, no part of Landlord' s Parcel except as provided below, shall be used for office or residential purposes or as a theater, auditorium, meeting hall, school, church or other place of public assembly," flea market," gymnasium, veterinary services or pet vaccination clinic or overnight stay pet facilities( except as an incidental use in conjunction with the operation of a national or regional pet store retailer, provided such pet store retailer is not located within one hundred fifty( 150) feet ofthe front and side perimeter walls ofthe Store), health club, dance hall, billiard or pool hall, massage parlor, video game arcade, bowling alley, skating rink, car wash, facility for the sale, display, leasing or repair of motor vehicles( provided that one( 1) facility for the temporary display, sale or leasing of motor vehicles in the Vehicle Sales Area shall be permitted), night club, the sale of adult products or adult bookstores or adult audio/ video products stores( which are defined as stores in which at least ten percent 10%) of the inventory is not available for sale or rental to children under the age of majority in the state in which the Store is located because such inventory explicitly deals with or depicts human sexuality). No ATM or similar machine shall be permitted in the Shopping Center within one hundred( 100) feet of the front and side perimeter walls of the Store, except if located wholly within the interior of another tenant's or occupant's premises. With the exception of( i) tenants or occupants of the Shopping Center who are occupying their premises in the Shopping Center pursuant to leases or occupancy agreements executed prior to the Effective Date( as the same may be renewed, relocated or expanded),( ii) grocery stores,( iii) tenants or occupants of the Shopping Center leasing more than five thousand 5, 000) square feet ofLeasable Floor Area in the Shopping Center,( iv) tenants or occupants with less than three thousand( 3, 000) locations in the United States, or( v) specialty retailers like Dunkin' Donuts whose focus or primary use is not the sale of coffee, Landlord shall not permit any tenant or occupant of the Shopping Center, other than Tenant, to use its premises for the sale of whole bean and ground coffee. Further, with the exception of the interior food court, the Outparcels and Spaces 294 and 310, as those spaces are designated on Exhibit B attached hereto, no restaurant or other" High Intensity Parking User"( as hereinafter defined) shall be permitted to occupy any space in Landlord's Parcel with front or side perimeter walls within five hundred( 500) feet of the front and side perimeter walls of the Store. A High Intensity Parking User" is a tenant or occupant whose use requires more than five( 5) parking spaces per one thousand( 1, 000) square feet of Leasable Floor Area in accordance with either customary shopping center practices or governmental regulations, whichever has a higher parking requirement. The foregoing use restrictions are referred to herein as the" Ross Prohibited Uses." The Ross Prohibited Uses set forth in this Section 3. 2. 1 shall not apply to those tenants or occupants of the Shopping Center who, in accordance with the terms of existing leases or occupancy agreements in effect on the Effective Date, as the same may be renewed, expanded or, relocated( provided, however, that if the use by such tenant or occupant constitutes a" High Intensity Parking User," such tenant or occupant shall not be permitted to relocate to a space with front or side perimeter walls within five hundred( 500) feet of the front and side perimeter walls of the Store)(" Existing Tenants"), cannot be prohibited from so operating. Landlord covenants and agrees that ifLandlord has the right to consent to a change in use of the premises occupied by any such Existing Tenant, Landlord shall not consent to a change in use of the premises which violates the Ross Prohibited Uses.
b) Exception to Retail Use. Notwithstanding the foregoing, during the entire Term ofthis Lease the following uses shall be permitted in Landlord's Parcel:
i) Offices which are ancillary to primary retail uses or used by a retail occupant for administrative purposes and not open to the general public, and" Retail Service Offices," which are defined as service offices, such as bank, tide company, or insurance office, except that( A) no Retail Service Offices shall be located within one hundred( 100) feet of any perimeter wall of the Store, and( B) all Retail Service Offices located within Landlord' s Parcel shall not exceed, in the aggregate, ten percent( 10%) ofthe total Leasable Floor Area of Landlord's Parcel;
ii) One( 1) first class health club, gymnasium or day spa, provided that the front or side perimeter walls ofsuch first class health club or day spa shall not be located within four hundred fifty( 450) feet of any perimeter wall of the Store;
Exhibit C
Page 6 of 9 iii) One( 1) first class video game arcade as an ancillary use to a restaurant;
iv) One( 1) first class billiards or pool hall, provided that the front or side perimeter walls of such first class billiards or pool hall shall not be located within four hundred fifty( 450) feet of any perimeter wall of the Store; and
v) One( 1) movie multiplex in the location set forth on Exhibit B, which movie multiplex may be relocated to another portion of Landlord' s Parcel so long as the side and perimeter walls of such relocated movie multiplex are no closer to the front or side perimeter walls of the Store than they are on the Effective Date.
3. 2. 2. Further Prohibited Uses. Landlord agrees that the Ross Prohibited Uses set forth in Section 3. 2. 1 and the" Landlord' s Prohibited Uses" which are listed in Exhibit D( collectively, the" Prohibited Uses") shall not be permitted in Landlord's Parcel.[ Note: Exhibit D reflects prohibited uses for the Sears Agreement as set forth in Section 2 of this Exhibit C]
3. 6. 3 No Kiosk Area, Interior Control Area. ... No kiosks, pushcarts or retail merchandise units whatsoever may be placed in that portion of the Interior Control Area that is designated as the No Kiosk Area on Exhibit B...
J
j h
15. 5 Other Exclusives Not Binding on Tenant.
Landlord] shall[ not] lease to or permit occupancy in the Shopping Center by any tenant, subtenant, assignee or other occupant, which has imposed or proposes to impose a restriction on Tenant or Tenant' s business..."
SARKU JAPAN
Landlord shall[ not] lease more than three( 3) spaces within the food court area in the Shopping Center to a Competing Business( defined below) for the Exclusive Use( as defined below) during the Term...
Exclusive Use" shall mean the operation of a business whose primary use is the sale of" Asian" food( Asian food shall be defined as Chinese, Japanese including Sushi, Vietnamese, Thai, Hawaiian, Mongolian, Cajun, Indian, and Korean foods, foods cooked in a wok, food generally recognized as Chinese food, soy sauce based food, and Asian food in a buffet format." Competing Business" shall mean a business not affiliated with Tenant which uses its premises in the Shopping Center primarily for the Exclusive Use, excluding:
a) any business occupying its premises directly or( as an assignee, sublessee, licensee or concessionaire) indirectly under a lease that was executed prior to the execution of this Lease but is in effect as of the date of this Lease( a" Prior Lease"), a renewal or extension ofa Prior Lease, or a new lease that is executed by a business which leased or occupied premises in the Shopping Center directly or indirectly under a Prior Lease,
b) any anchor, variety or specialty store; theatre, drug or grocery store or any portion ofthe Shopping Center not controlled by Landlord;
c) any business which incidentally engages in the Exclusive Use( a business shall be deemed to be using its premises in the Shopping Center incidentally for the Exclusive Use if,on an annual basis, 20% of net sales are devoted to the Exclusive Use), and,
d) any business which engages in the Exclusive Use, but is not specifically permitted to do so in its lease, provided Landlord shall use reasonable efforts to have such business cease engaging in the Exclusive Use."
SHAPES BROW BAR
4. 2. 1 Exclusive Use. ... Licensor shall not permit more than two( 2) occupants in the Center whose primary business is eyebrow threading( the" Exclusive Use"). The restriction in this Section 4.2. 1 shall not apply to( a) any occupant operating in more than 4, 000 square feet of space within Center from time to time,( b) any occupant of the Center( or any successor, assignee, subtenant or replacement of any such occupant) that, as of the date hereof, has the right to use its premises for the Exclusive Use,( c) any full service to time, derives less than percent( 50%) of its gross revenue from the salon, or( d) any occupant in the Center which, from time fifty Exclusive Use. Moreover, the restriction in this Section 4. 2. 1 shall not prohibit Licensor from entering into a new lease or license for the Exclusive Use that becomes effective after the expiration or earlier termination of this License."
Exhibit C
Page 7 of 9 T-MOBILE
AS TO PARAGRAPH 1( 0): Landlord shall limit placement of another competing and licensed T-Mobile kiosk operator from the food court to center court as marked on the attached Exhibit A PG 3.
7- t
TARGET
B. Landlord agrees that it shall not permit to be constructed in the Target Mall without the prior written approval ofTenant( a) any kiosk which exceeds nine( 9) feet in height or two hundred eighty( 280) square feet of Floor Area,( b) any kiosk, push can or other setup which is used as a food or beverage dispensing facility for on-premises consumption, or for a purpose causing obnoxious odors or untidiness, or( c) any amusement center, family game center, or other facility for a purpose causing obnoxious odors or untidiness, located within one hundred twenty( 120) feet of the entrance from the Target Mall to the Target Building. Exhibits to the original Sears REA designated three locations within the Target Mall within which kiosks may be maintained. Landlord agrees that it will maintain only two kiosks in the Target Mall, to be situated in the two southernmost locations ofthe three locations designated on the Sears REA exhibits; the northernmost of those three locations will not be used for any kiosk. Landlord agrees to maintain 10 foot clearances on either side of any kiosk located within the Target Mall."
As used herein, the term" Target Mall" means the north-south enclosed mall lying between the Sears Property and the entrance to the Target Building from the enclosed mall.
VALUE CITY FURNITURE
1. 23 Kiosk Restriction: Landlord shall not place any permanent kiosks or any other obstructions or objects, within the cross- hatched area shown on Exhibit" K" which is attached hereto and made a part hereof.Notwithstanding the foregoing, this kiosk restriction shall not apply to any directories or interior light posts located in the Joint Use Areas ofthe Shopping Center provided that such directories or light posts do not materially affect the visibility of or access to the Leased Premises.
S sae
NOTE: The restrictions and prohibitions described in this Exhibit C shall apply to Tenant only. The restrictions and prohibitions described in this Exhibit C shall not apply to Landlord or any other tenant or occupant ofthe Center, nor shall such restrictions or prohibitions limit Landlord from using, permitting any other Person to use, or leasing or licensing to any Person, any part ofthe Center for any purpose which may be restricted or otherwise prohibited by this Exhibit C. Capitalized terms used in the excerpted provisions above shall have the respective meanings set forth in the documents from which said provisions are excerpted.
Furthermore, the restrictions and prohibitions described in this Exhibit C will be effective throughout the Term of this Lease. Any conditions to the effectiveness of such restrictions and prohibitions, and any durational limitations on such restrictions and prohibitions, expressed in this Exhibit C shall be for the benefit ofLandlord only, it being agreed that( x) any such conditions may be waived by Landlord and any such durational limitations may be waived and/or extended by Landlord, in either case, in Landlord' s sole discretion without notice
Exhibit C
Page 8 of 9 to Tenant, and( y) Tenant shall be prohibited from relying upon the failure of any such conditions or the expiration of any such durational limitations( i.e., shall be prohibited from using its premises in violation of the applicable prohibition or restriction in reliance upon such failure or expiration) in the absence ofan express written agreement by Landlord permitting such reliance by Tenant. Without limiting the foregoing, the restrictions and prohibitions described in this Exhibit C shall apply to Tenant throughout the Term of this Lease, notwithstanding( i) that the lease or other instrument containing such prohibition or restriction is not then in full force and effect, or( ii) that the tenant under any lease containing such prohibition or restriction is not then in occupancy of its leased premises, or has assigned its lease or subleased all or any portion of its premises, in either case, without regard to any provision set forth in the applicable lease or other instrument to the contrary.
In addition, wherever an exception to a prohibition or restriction is provided by any lease or other instrument described in this Exhibit C, and such exception is limited in any manner, such that such exception applies only to a limited number of users, limited floor area( whether by percentage, square footage, or otherwise), limited volume of gross sales, or is otherwise so limited, such exception shall be reserved only for Landlord to be allocated by Landlord only to such tenants and other occupants ofthe Center as determined by Landlord in Landlord' s sole and absolute discretion, it being agreed in such case that Tenant shall be prohibited from relying upon such exception( i.e., shall be prohibited from using its premises in violation of the applicable prohibition or restriction in reliance upon such exception) in the absence of an express written agreement by Landlord permitting such reliance by Tenant.
Exhibit C
Page 9 of 9 Exhibit D
Rules and Regulations
Tenant covenants and agrees that Tenant will comply with( and require all of Tenant's Representatives to comply with) all reasonable Rules and Regulations set by Landlord from time to time for the operation of the Center or the Premises, including but not limited to the following:
1. Tenant will not affix or maintain upon the glass panes and supports ofthe show windows( and within twenty- four( 24) inches of any window), doors, roof and the exterior walls of the Premises, any signs, advertising placards, names, insignias, trademarks, descriptive material or any other such like item or items, nor will any of said signs or items be placed within the Premises if such signs or items are located in such a manner as to materially obstruct a view ofTenant's store from the Center or from any part of the outside. Landlord will have the right, without giving prior notice to Tenant and without any liability for damage to the Premises or property kept or stored by Tenant, reasonably caused thereby, to remove any of the same from the Premises.
2. No awning, vent, structure, improvements, obstructions or projections of any kind will be placed on or to the exterior walls of the Premises or the building of which they form a part without, in each instance, the prior written consent ofLandlord.
3. All loading and unloading ofgoods will be done only at such times, in the areas and through the entrances designated for such purpose by Landlord.
4. All garbage, recycling materials, and refuse will be kept in the kind of container specified by Landlord, and will be placed in the areas designated by Landlord, prepared for collection in the manner and at the times and places specified from time to time by Landlord. Landlord will provide or designate a service for collection of refuse and garbage. Tenant will use same, at Tenant's expense, which may be billed directly to Tenant by designated waste service provider.
5. No radio, satellite, or television equipment will be erected on the roof or exterior walls ofthe Premises without the prior written consent of Landlord. Any equipment so installed will be subject to removal without notice at anytime, and any damage to the walls or roof caused by such removal will be the responsibility of Tenant. Landlord will designate satellite service systems available at the mail, and Tenant will contract directly, and at Tenant's expense, with designated satellite service systems.
6. No loudspeakers, televisions, phonographs, radios, flashing lights, machinery, or other devices will be used in a manner so as to be heard or seen outside of the Premises without the prior written consent of Landlord.
7. No auction, fire, bankruptcy, lost-our-lease, or similar sales will be conducted on or about the Premises without the prior written consent of Landlord.
8. Tenant will keep Tenant's display windows illuminated and the signs lighted each and every day ofthe Term during Mall Hours.
9. The outside areas immediately adjoining the Premises will be kept clear at all times by Tenant, and Tenant will not place nor permit any obstructions, garbage, refuse, improvements, merchandise or displays in such areas.
10. Nothing is to be attached or placed on the roof or exterior walls of the Premises, except as follows:
a) Tenant will obtain Landlord's written approval before placing any equipment on roof,details ofthe method of mounting of such equipment will be submitted to Landlord for Landlord' s approval.
b) Tenant's access to the roof is limited to maintenance of equipment installed with Landlord's approval, and inspections for damage. At no time will Tenant enter the roof without the express prior approval of Landlord.
11. Tenant and Tenant's Representatives will not park their motor vehicles in those portions of the parking area designated for customer parking by Landlord. Tenant will furnish Landlord the state automobile license numbers assigned to Tenant's motor vehicle or vehicles and the vehicles of Tenant's employees within five( 5) days after request by Landlord, and Tenant will thereafter notify Landlord of any changes of the same within five( 5) days after such changes occur. If Tenant or Tenant's Representatives park in portions of the parking area designated for customer parking, and such unauthorized parking will continue after written notice is given to Tenant by Landlord, Landlord may at any time thereafter, in addition to any other remedies Landlord may have, charge Tenant TWENTY-FIVE AND NO/100 DOLLARS($ 25. 00) per day for each day or partial day per vehicle parked in any areas other than those designated, and have any such vehicle removed at Tenant's expense.
12. Tenant will use, at Tenant's expense, such pest extermination contractor as Landlord may direct and at such intervals as Landlord may require, said expense may be included as part ofthe common area costs; and Tenant will not keep or permit any live animals ofany kind in, upon or about the Premises, unless expressly allowed by Landlord.
13. Tenant and Tenant' s Representatives, will not solicit business in the parking or other joint use areas, nor will Tenant and Tenant' s Representatives, distribute any handbills or other advertising matter in the joint use area, or on automobiles parked in the parking areas of the joint use areas.
14. Tenant will not carry on any trade or occupation or operate any instrument or apparatus or equipment which emits an odor or causes a noise discernible outside of the Premises and which may be deemed offensive in nature.
Exhibit D 15. Tenant will not place or maintain any temporary sign(s) or fixture(s)( including portable trade fixtures, displays or folding tables) for the display of merchandise within three( 3) feet to either side of any entrance within the Premises without prior written consent of Landlord, and in no event will a merchandise display extend beyond the frontage line of the Premises. This will not preclude the use of permanent fixed merchandise displays within the confines ofthe Premises provided such permanent displays do not in any manner block the entrance to the Premises and such permanent displays are approved by Landlord.
16. Tenant will not use the plumbing facilities for any purpose other than for that which they are constructed, and no grease or foreign substance of any kind will be thrown therein, and the expense of any breakage, stoppage or damage( whether on or off the Premises) resulting therefrom will be borne by Tenant.
17. Tenant and Tenant' s Representative will not loiter in the Common Areas ofthe Center, nor in any way obstruct the sidewalks, entry passages, pedestrian passageways, driveways, truckways, loading docks, package pick-up stations, ramps, stairways, entrances and exits to the Center, and will use the same only as passageways to and from the Premises. Landlord reserves the right to exclude or expel from the Center any Person who, in the judgment ofLandlord, is intoxicated or under the influence of liquor or drugs, or who will in any manner do any act in violation of the Rules and Regulations of the Center.
18. Unless indicated as a Permitted Use, no cooking will be done or permitted in the Premises without Landlord's prior written consent, except that equipment for brewing coffee, tea, hot chocolate and similar beverages will be permitted, provided that such equipment and use is in accordance with all Governmental Requirements and such food preparation is limited exclusively to food consumed by Tenant or Tenant's employees.
19. Tenant is required to observe all security regulations issued by Landlord and to comply with instructions and/or directions ofthe duly authorized personnel for the protection ofthe Center and all Tenants therein. Access by Tenant to the Premises or the Center before or after Mall Hours will be subject to clearance by the security personnel of the Center and to compliance with such procedures as may be imposed by such personnel, including presentation of identification satisfactory to such personnel.
20. Tenant or Tenant' s Representative will not go on the roof of the building without the prior approval of Landlord.
21. The requirements Tenant will be attended to only upon written application to Landlord at the general offices ofthe Center, and employees of Landlord will not perform any work or do anything outside of their regular duties except upon instructions from Landlord.
22. Landlord may waive any one or more of these rules for the benefit of any particular tenant or tenants, but no such waiver by Landlord will be construed as a waiver ofsuch rules in favor of any other tenant or tenants, nor prevent Landlord from thereafter enforcing any such rules against any or all of the tenants of the Center. No waiver of any rule or regulation by Landlord will be effective unless expressed in writing signed by Landlord.
23. Landlord reserves the right, at any time, to change or rescind any one or more ofthese Rules and Regulations or to make such other and further reasonable Rules and Regulations as in Landlord's judgment may from time to time be necessary for the management, safety, care and cleanliness ofthe Center, for the preservation of good order therein and for the convenience of Tenant and visitors to the Center. Any such amendments, deletions or additions to these Rules and Regulations will be effective immediately upon delivery ofwritten notice thereof to Tenant.
24. Tenant will abide by any additional Rules or Regulations which are ordered or requested by any Governmental Authority. Tenant and Tenant' s Representatives will be responsible for the observance of these rules.
25. Landlord will not be responsible to Tenant or to any other person for the nonobservance or violation of these Rules and Regulations by any other tenant or other Person.
26. Tenant will pay Landlord the sum of$500 per occurrence for any infraction of any ofthe Rules and Regulations.
Exhibit D Exhibit E
Intentionally Deleted
Exhibit E Exhibit F
Landlord' s Restoration Work
Landlord' s Restoration Work below has been described solely for the purpose of determining and outlining the extent ofwork under Section 15 of the Lease in the event of Partial Damage or Total Destruction.
1. Washroom
Washrooms to code( fan, light, ceiling and accessories to be supplied and installed by Landlord).
2. Electrical
100 amp., 3 phase, 4 wire electrical service at 120/208 V, location to be determined by Landlord. Landlord will also provide 2 foot by 4 foot lay in fixtures based on one fixture per 80 square feet of area and install receptacles per code. Tenant will provide all other electrical work including, but not limited to, additional lighting, outlets and wiring required.
3. HVAC
One( 1) ton ofcooling capacity per 300 square feet of area will be supplied and installed on the roof of the Premises. HVAC System to be completed by Landlord based on an open retail unit( i.e. no partition walls, bulkheads, etc.). Tenant is required to make its own inquiries regarding the adequacy of the HVAC capacity provided by Landlord above. Tenant will be responsible for the costs of any additional HVAC equipment and distribution in which it requires.
4. Walls
Unpainted plasterboard on interior face of demising walls, finished to a maximum height often( 10) feet, ready for paint. Masonry fire walls( Landlord's obligation will be to a maximum 1- hour rating) and exterior walls will be concrete block with flushjoints ready for paint.
5. Floor
Concrete floor with a smooth finish.
6. Storefront
Landlord's standard storefront.
7. Ceiline
Ceiling tile to be Armstrong 2' x 4' x 5/ 8", fissured,# 895, white or approved equivalent.
8. Sprinklers
If required by code, Landlord will provide a complete sprinkler system within the unit based on open area.( i.e. no partition walls, bulkheads, etc.). Tenant will be responsible for any alterations to the system to maintain proper coverage as per code due to the construction or installation of any obstruction such as walls, bulkheads, shelving, etc.
9. General
If Tenant requests a credit in lieu of any work which Landlord was to have provided, the credit will, at the option of the Landlord, be determined either( a) by an estimate by Landlord as to the amount ofthe credit, or( b) to equal the amount offered by Landlord' s contractor as a credit to delete the work from its contract, in each case, less fifteen percent( 15%) which Landlord will retain for coordination charges.
Exhibit F Exhibit G
Tenant' s Alterations
1. Permits
Tenant will, in a timely fashion, apply for and pay for Tenant' s own building, renovation and occupancy permit(s) and any other Requirements required for Tenant's Alterations. Tenant will not commence its work prior to furnishing Landlord with copies ofall necessary permits and other approvals.
2. Approval
Tenant acknowledges that any work undertaken by Tenant without Landlord's prior written approval in accordance with Section 6 ofthe Lease may, in the discretion of the Landlord, be removed from the Premises, or the Premises be restored to the original condition, in either case, at the expense of Tenant.
3. Tenant' s Representatives
Tenant' s Alterations will be performed by competent workmen whose labor union affiliations are not incompatible with those ofLandlord's contractors and subtrades.
4. Utilities
Tenant will be responsible for all charges of utilities consumed in the Premises commencing from the Commencement Date, or the date Tenant or Tenant' s Representatives occupies the Premises to commence its work.
5. Clean Up
Tenant will be responsible for all clean up of construction debris caused by Tenant' s Representatives involved in connection with the performance of Tenant's Alterations. Tenant will provide its own garbage bins for the disposal of refuse and other debris and will be prohibited from using the Landlord's bins. If Tenant does not comply with these requirements and remedy any default to Landlord's satisfaction within twenty-four( 24) hours ofwritten notice, Landlord has the right, but not the obligation, to arrange for the necessary clean with administration fee of fifteen percent( 15%) up and bin rental, the cost of which, together an of such cost, will be paid by Tenant to Landlord as Additional Rent.
6. Fascia Signs
All Tenant signs will be in accordance with Exhibit H of the Lease.
7. Fixtures and Eauit)ment
Tenant will use only new fixtures and equipment in the Premises.
8. Sprinklers
If code requires, or Landlord provides a sprinkler system, Tenant will be responsible for any alterations needed to the sprinkler system to maintain proper coverage to the satisfaction of Governmental Authorities due to Tenant' s Alterations.
9. Fire Protection Equipment
Where occupancy includes cooking or hazardous process areas, Tenant will install and maintain a chemical or CO2 automatic fire protection system approved by the appropriate Governmental Authorities and notify Landlord ofany interruption to or flaw or defect in the system coming to the attention of Tenant.
10. Grease Disposal and Storage
Where occupancy includes cooking which results in the Tenant requiring temporary storage and disposal of greases, oil or similar matter, Tenant agrees to construct a secure storage facility in a location to be specified by Landlord. The cost for construction and maintaining the storage facility will be borne solely by Tenant and subject to Landlord's approval as to design and fabrication. The right to this exterior storage facility is subject to Requirements throughout the Term.
11. Alterations to Exterior
Any work to the exterior walls or roofofthe Premises which Tenant may request will be performed at the sole option ofLandlord by either Tenant's or Landlord's contractor' s or subcontractor' s at Tenant's sole cost and expense.
12. Roof
Tenant and Tenant' s Representatives will not at any time be permitted on the roof.
Exhibit G
Page 1 of 2 13. Tender Rieht
Tenant hereby grants Landlord and/or Landlord's designated contractor(s), the right to tender for all or a portion of Tenant's Alterations. Tenant will famish Landlord or its designated contractor(s), with detailed Plans which are of sufficient detail to allow the preparation of a tender bid. Tenant agrees that it will accept Landlord's( or its designated contractor's) bid if it is the lowest tender, and will otherwise advise Landlord of any lower tender which Tenant is prepared to accept and Landlord will have the option for a period of five( 5) business days thereafter to match such tender price in which case, it will then be awarded the construction contract. If Landlord or its designated contractor is awarded the contract, Tenant covenants to execute a formal construction contract prepared by Landlord or contractor within five( 5) days following submission of the contract to Tenant.
14. Work Performed by Landlord
For any work which Landlord may perform on behalf of Tenant, at Tenant' s sole cost and expense, Landlord will charge Tenant fifteen percent( 15%) of the cost of the work as a co-ordination fee. Any work which Landlord performs for Tenant will not delay Tenant's acceptance of the Premises.
Exhibit G
Page 2 of 2 Exhibit H
Sign Criteria
The design and location of all signs, either for the interior or the exterior of the Premises, shall be subject to prior written approval by Landlord; provided, however, Landlord' s approval will not relieve Tenant from complying with any and all applicable Governmental Requirements. Tenant shall submit detailed sign drawings to Landlord and no sign shall be installed until Landlord' s written approval has been received by Tenant. Drawings submitted shall contain dimensions, material, color and type of illumination. Color samples of all signs, if not white, shall be submitted to Landlord. However, the following limitations will apply: 1. Wording of all signs shall be limited to the trade name and logo only. 2. The size and location of all signs shall be limited. 3. Only one sign will be permitted and all signs must be parallel to elevation. 4. All signs will be self-illuminated. 5. Sign contractors will repair any damage to the building caused by the sign work. 6. Electrical service to all signs will be on Tenant' s meter. 7. The following is not permitted and is expressly prohibited: a. Signs with exposed neon or fluorescent tubing or exposed lamps. b. Signs with flashing, blinking, moving, flickering, animated or audible effects or type.
c. Printed signs on storefronts or show windows. d. Paper signs, stickers, banners or flags.
e. Exposed raceways, ballast boxes or electrical transformers. f Exposed sign company names or stamps.
g. Exposed sign illumination or illuminated sign cabinets or modules. h. Painted signs on the exterior surface or any building. i. Signs located at or on the side or rear or exterior of any building except where the Premises contains a customer service entrance opening directly onto parking areas and except for small identifying signs to facilitate deliveries, in accordance with Landlord' s standard sign format for rear and service corridor doors. No other signs will be permitted. j. Rooftop signs. k. Sign boxes and box signs. 1. Exterior illumination of signs from mall ceilings.
Notwithstanding the foregoing, the following criteria shall also apply in accordance with Kohl' s lease agreement: I. AS TO LANDLORD'S PARCEL AND ANY BUILDINGS THEREON:
A. Whether or not in conformity with the following criteria, Landlord may maintain any signs which exist as of the date hereofor any replacements therefor, including, but not limited to, Mall Store signs maintained by tenants not required to provide new signs under the terms of their leases. B. There shall be no flashing, rotating or moving signs or markers of any type. C. There shall be no signs painted on the exterior masonry surface of any building. D. Temporary signs which are constructed of or made up on cloth material, paper or cardboard shall not be permitted. E. Landlord may erect within the Shopping Center( i) not more than six( 6) pylon shopping center identification signs at the locations on Exhibit B,( ii) not more than one( 1) identification sign for each drive-in bank and/ or savings and loan, and( iii) not more than one( 1) theatre attraction board sign at the permissible sign location shown on Exhibit B near the existing theatre building. F. All Mall Store signs which front on the Enclosed Mall shall be ( i) not more than four( 4) feet in height, ( ii) approximately flush with the walls ofthe building, and( iii) ofa length which does not exceed 80% ofthe linear width of the elevation to which it is attached. G. There shall be no roof-top signs. H. Except for small identification signs on delivery doors, there shall be no exterior signs other than signs for stores located on the Landlord's Parcel at the ends ofthe main mall or cross malls or stores having customer entrances from the parking area, which signs shall be( i) not more than four( 4) feet in height,( ii) approximately flush with the wall of the building, and( iii) of a length which does not exceed 80% ofthe linear width ofthe elevation to which it is attached. I. With respect to any department store building on the Owner's Parcel containing not less than 50,000 square feet of Floor Area, in lieu ofthe requirements set forth in Subsections A and H above, the requirements set forth below in Part II hereof shall apply."
Exhibit H Exhibit I
REA Documents
Amended and Restated Agreement, dated February 21, 1985, by and between Milwaukee Golf Development Company, an Illinois limited partnership, and Sears, Roebuck and Co., a New York corporation, recorded March 18, 1985, as Document No. 274177633.
First Amendment to Amended and Restated Agreement, dated October 23, 1997, by and between Milwaukee Golf Development Company and Sears, Roebuck and Co., a New York corporation, recorded November 14, 1997, in the Official Records of Cook County, Illinois, Book 4099, Page 92.
Page 3 of 3 BOARD AGENDA ITEM EXPLANATION FORM
Board Approval - Granting Permission for Relief to Allow Illinois Department of Transportation (IDOT) to Perform Construction Work Beyond the Allotted Hours at Touhy Avenue from the Village Crossing Entrance to Illinois Route 50 (Cicero Avenue) as Per Sec.18-193 of the Niles Code of Ordinances Meeting 8/22/2017 Item Number 4 Date Action REQUEST FOR BOARD APPROVAL Requested Mary Anderson, Director of Public Requested by Services Assigned to: Prepared Tom Powers, Village Engineer by
ATTACHMENTS: Type Description Department Memo * Board Agenda Memo Backup Material * IDOT Letter
MOTION I move for board approval to grant relief to Illinois Department of Transportation (IDOT) to perform construction work beyond the allotted hours as per Sec. 18-193 of the Niles Code of Ordinances.
REASON FOR REQUEST / BACKGROUND IDOT has requested written approval to perform weekday nighttime construction on Touhy Avenue adjacent to Village Crossing. IDOT believes the traffic impacts from daytime construction would be detrimental to the motoring public, therefore they have requested approval for nighttime construction.
Will this action involve an expenditure of funds? No
If yes, is this a budgeted item? No
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Residency Exemption for Part-Time Employee Brian K. Thompson in the Position of Crisis Worker, pursuant to Sec. 2-11(d) of the Niles Code of Ordinances Meeting Date 8/22/2017 Item Number 5
Requested by Hadley Skeffington-Vos, Deputy Village Manager Action Requested
Prepared by Hadley Skeffington-Vos, Deputy Village Manager Assigned to:
ATTACHMENTS: Type Description Resolution Resolution - Thompson Backup Material EE Handbook - Residency
MOTION I move for Board approval of a resolution authorizing a residency exemption for part-time employee Brian K. Thompson in the position of Crisis Worker pursuant to Section 2-11(d) of the Niles Code of Ordinances.
REASON FOR REQUEST / BACKGROUND The Village of Niles Employee Handbook states that "Residency within the specific area as stated in the Niles Code of Ordinances, Chapter 2 (Administration), Section 2-11, is a condition of continued employment unless the Village Board of Trustees exempts employees through resolution.
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance
RESOLUTION 2017-
RESOLUTION AUTHORIZING A RESIDENCY EXEMPTION FOR BRIAN K. THOMPSON, EMPLOYEE IN THE POSITION OF CRISIS WORKER, PURSUANT TO SECTION 2-11(d)
WHEREAS, Section 2-11 of the Niles Code of Ordinances requires all employees of the Village to live within geographic boundaries as defined by the Section 2-11(a);
WHEREAS, the President and the Board of Trustees may from time to time, by resolution, exempt an employee from the residency requirement of Section 2-11(d);
WHEREAS, due to the hardship it would cause Brian K. Thompson, the President and the Board of Trustees are exercising their ability to exempt him from the residency requirement of Section 2-11(d).
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, hereby authorize Brian K. Thompson to be exempt under the residency requirement of Section 2-11(d).
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk All medical examinations as stated above will be performed at the Village of Niles' expense by a health professional of the Village's choice. Information on an employee's medical condition or history will be kept separate from other employee information and maintained confidentially. Be assured that all medical tests will be based on business need and we will test only job- related information pursuant to the ADA.
Section 1.10 Immigration Law Compliance The Village of Niles is committed to employing only those individuals who are legally authorized to work in the United States. We do not discriminate against individuals on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility within three days of hire. Former employees who are rehired must also complete the form if they have not completed an I-9 with the Village within the past three years, or if their previous I-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration law issues are encouraged to contact the Personnel Office. Employees may raise questions or complaints about immigration law compliance without fear of reprisal.
Section 1.11 Residency Requirements Residency within the specific area as stated in the Niles Code of Ordinances, Chapter 2 (Administration), Section 2-11, is a condition of continued employment. Said section reads as follows:
• All Village of Niles employees shall be actual full-time, permanent residents of and maintain their domicile within the geographical area described as follows:
• The Illinois/Wisconsin state line on the north; Lake Michigan on the east; Cermak Road/Route 56 on the south; and Illinois State Route 47 on the west.
• There is not a residency requirement for applicants for employment; however, within six months from the date of employment, newly hired employees must comply with the provisions of sub-section (a) of this section. For the purposes of this subsection, persons in the classified service shall be deemed to be employed upon successful completion of their probationary period.
• The President and Village Board of Trustees may, in their discretion, from time to time by resolution, require Department Heads to be actual full-time permanent residents of and maintain their domicile within the corporate limits of the Village.
• The President and Village Board of Trustees may, in their discretion, from time to time by resolution, exempt an employee from the residency requirement of this section if compliance would impose an undue hardship on such employee. 9
• Any employee who violates any provision of this section shall be deemed to have resigned from his/her position of employment with the Village of Niles.
Section 1.12 Ethical Conduct The Niles’ Code of Ethics is incorporated by reference and is made a part of this Employee Handbook. The Niles’ Code of Ethics can be found on the Village of Niles website under Government, Village Ordinance Section 2-401 to 2-430. This Code of Ethics was passed to ensure that all Niles employees and officers act at all times with integrity and honesty. This Code of Ethics further imposes an obligation on each employee and officer to act in an honest and proper manner at all times when representing the Village and further to avoid any possible conflict of interest or appearance of a conflict of interest. Each employee is required to read the Code of Ethics and to govern their conduct by the Code of Ethics. Employees are given instruction on the Code of Conduct each year or more often as needed to assure that all employees understand what is expected of them.
As an employee of the Village of Niles, you have an obligation to seek direction from your Department Head whenever you have a question as to conduct that you are about to undertake or that you are being asked to undertake on behalf of the Village. If you have any question about the accuracy of the answer that is given to you by your Department Head, you are expected to seek further guidance from the Village Compliance Officer. In addition, you have a further obligation to report to the Village Compliance Officer any conduct that you observe that is engaged in by another employee, Village Officer, or Board member that you believe may be improper. This obligation requires that you do this regardless of who is involved in the questionable conduct.
The materials, products, designs, plans, ideas, and data of the Village are the property of the Village of Niles and should never be given to an outside firm or individual except through normal channels and with appropriate authorization. Any improper transfer of material or disclosure of information, even though it is not apparent that an employee has personally gained by such action, constitutes unacceptable conduct. Any employee who participates in such a practice will be subject to disciplinary action, up to and including termination of employment. The Village will report to the appropriate law enforcement authorities any conduct of an employee which may contravene federal or state law. No retaliation will be taken or tolerated against any employee who reports an actual or potential violation of Code of Ethics.
Section 1.13 Outside Employment or Appointments Employees should consider the impact that outside employment may have on their well-being and attention level. All employees will be judged by the same performance standards and will be subject to the Village of Niles' scheduling demands regardless of any existing outside work requirements.
Employees holding outside jobs shall not conduct any business or preparations concerning their outside jobs during their normal work schedule nor on the Village's premises. Village
10
BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with Tyler Technologies, Inc. for Enterprise Resource Planning (ERP) Software and Implementation for Financial, Human Resources, Payroll and Timekeeping Software in the Amount of $785,294. Meeting Date 8/22/2017 Item Number 1
Requested by Hadley Skeffington-Vos, Deputy Village Manager Action Requested RESOLUTION
Prepared by Hadley Skeffington-Vos, Deputy Village Manager Assigned to: Trustee Alpogianis
ATTACHMENTS: Type Description Department Memo * Memo to Board Resolution Resolution Backup Material Tyler Backup Material * Project Summary Backup Material * Cost Allocations Backup Material * Contract Amendment Presentation Finance Committee Presentation Backup Material * Breakdown of Costs Per Module Backup Material * Breakdown of Costs Per Module 2
MOTION I move for Board approval of a resolution authorizing a Contractual Agreement with Tyler Technologies Inc. for Enterprise Resource Planning (ERP) Software and Implementation for Financial, Human Resources, Payroll and Timekeeping Software in the Amount of $785,294.
REASON FOR REQUEST / BACKGROUND With support from the General Government/IT Committee and Finance Committee, staff is recommending approval of Tyler Technologies Inc. for Financial, Human Resources, payroll and timekeeping software.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 1060, 1120, 1720 Total Amount for Approval $785,294.00
ACCT# 3370, 3820, 3085 Budget Amount $501,017.33 FY18 ($228,854.45 FY19)
Variance $(33,193.78) RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH TYLER TECHNOLOGIES INC., TO PROVIDE THE VILLAGE WITH FINANCIAL, HUMAN RESOURCES, PAYROLL, AND TIMEKEEPING SOFTWARE
WHEREAS, the Village determined that it was in need of a comprehensive software package which will would accommodate aspect such as financial, human resource, payroll and timekeeping; and
WHEREAS, Tyler Technologies Inc., was determined to be the best solution for the Village needs after an extensive interview process and recommendation of the General Government/IT Committee; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Tyler Technologies Inc., will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Tyler Technologies Inc., is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by
Resolution 2017- the Village Clerk at least one original copy of the Contract executed by Tyler Technologies Inc.; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
7/25/2017 4:29 PM Village of Niles Page 1 of 3 2016 Human Resources/Payroll Software Evaluation Form
Name Munis - Tyler Vendor Address Additional Information
Section 1: Qualifications (Maximum of 230) Score Score Score Average Comments Software vs service - Tyler U (service) course catalog to learn system, along with webinars Human Resources (1-15) 15 14 14 14.333 Customizable home page - set up by VON, templates by munis Document Storage DCM organizes within system and holds each document for each employee - levels of security to hide certain 1 - 5 5 5 5 5.00 information, and can track who is reviewing documents May also acknowledge of forms Can set up 99 levels within workflow, can also track, very flexible in workflow, so can edit to our needs 1 - 5 5 4 4 4.33 Candidate thru Retiree Workflow 1 - 5 Fully Integrated Solution 5 5 5 5.00 One system
Can request HR/payroll items, incl employees into future Does not provide liability Payroll (1-35) 27 27 28 27.333 New Hire/Termination/Change of Status Workflow Yes, and can also track all leave taken, step increases ; including IT and departmental needs, can then track 1 - 5 5 5 5 5.00 inventory of needs for each employee 1 - 5 Integration with Vendors 3 5 4 4.00 Will not push directly to IMRF, will need to run reports 1 - 5 Retro pay Ability 4 5 4 4.33 Union Membership Group bargaining unit first, then can drill down into further nuances 1 - 5 5 5 5 5.00 Salary and benefit projections in order to project and run 1 - 5 Contract Pay Adjustment Assistance (Specialist) 3 3 4 3.33 Would be the HR/Payroll specialists 1 - 5 Print & Deliver Pay Checks 4 2 3 3.00 Not printing - images stored 1 - 5 Tax Filing 3 2 3 2.67 Does not file, but creates
Await confirmation that benefits will accept 834 Benefits Administration (1-35) 32 31 31 31.333 Including for retirees Portal for Employees 1 - 5 Manage Benefits 4 4 4 4.00 Autopopulate 834 file - upload once a month; open enrollment; and no change enrollment notification 1 - 5 Manage Contact Info 5 5 5 5.00 Within portal - and can also request documentation 1 - 5 Manage Beneficiaries 5 5 5 5.00 Can calculate review exemptions and request (approval needed) 1 - 5 Access to Forms (W2,Check Stubs, …) 5 5 5 5.00 Can still access check stubs; can send w2s and direct deposit via email, password protected view checks, paid to date, etc, can defer view to be date they hit the bank; compare health insurance costs - 1 - 5 5 5 5 5.00 View/Compare Costs oaycheck simulator Automated Benefits Mgmt. with Providers Employees go to self service portal in order to update life events and workflow created; can set rules to have Ees be 1 - 5 5 3 3 3.67 sent another update 1 - 5 Bill Payment 3 4 4 3.67
ACA Reporting (1-20) 19 17 18 18 1 - 5 1094-C & 1095-C Preparation 5 5 5 5.00 Because marrying of benefit and paycheck - will autopopulate the codes 1 - 5 Automatic Data Input 5 4 4 4.33 Because marrying of benefit and paycheck - will autopopulate the codes 1 - 5 Review and Filing 5 3 4 4.00 Will not file 1 - 5 ACA Specialist 4 5 5 4.67 YES - wiki page associated, goes to blog, tyler community, blog thread
First responder tracking - custom fields can be created (user defined); including case management and nofitcations Talent Management (1-20) 20 20 20 20 for discipline, WC, light duty, etc. Performance Evaluations Can set up task lists on top of this, can view within employee portal; can attach documents evaluations 1 - 5 5 5 5 5.00 Can change based on matrix of job Goal setting - can set merit based on evals as well 1 - 5 Peer-Peer Recognition 5 5 5 5.00 And PEER award recommendations 1 - 5 Workflows and Approvals 5 5 5 5.00 Can have up to 99 steps for workflows (can have and/or's in order to accommodate mayor's needs) 1 - 5 Training Maintenance 5 5 5 5.00 Will auto notify of training and certifications notice; workflows and alerts; can include training and
Executime - will show if submittal of payroll is required Time and Labor Management (1-35) 35 35 35 35 Can choose different jobs and different statuses (light duty) 7/25/2017 4:29 PM Village of Niles Page 2 of 3 2016 Human Resources/Payroll Software Evaluation Form
Name Munis - Tyler Vendor Address Additional Information Time Tracking 1 - 5 Punch In/Out Capability 5 5 5 5.00 Can also do schedule based; graceperiod allowed 1 - 5 Geofencing 5 5 5 5.00 Supported - with mobile aspect 1 - 5 Import 3rd Party Time Data 5 5 5 5.00 YES - flexible form import 1 - 5 Eliminates Double Entry 5 5 5 5.00 Absolutely 1 - 5 Biometric Integration 5 5 5 5.00 Supported, and can be a combination Scheduling Can provide scheduling software 1 - 5 5 5 5 5.00 Can create overtime rules Manage PTO Requests Will show department members who has taken time off, EE may make decision to not request certain times because 1 - 5 5 5 5 5.00 of this. And can manage overtime requests
Mobile Capability (1-15) 15 15 15 15 1 - 5 View Paychecks/Benefits 5 5 5 5.00 YES 1 - 5 View Schedule 5 5 5 5.00 Executime Mobile capability will notify of new approvals - less information than on laptop, but can put items on hold in order to 1 - 5 5 5 5 5.00 Time Off Requests Workflow explore later
May allow department heads to block off time to allow applicants to schedule interviews Onboarding (1-20) 19 19 19 19 1 - 5 Welcome Information 5 5 5 5.00 Training and orientation within training system and track progress of new hires 1 - 5 Form Tracking Workflows 5 5 5 5.00 May also create training within system and tracking Internal Approvals/Workflow Hire function to allow employee add wizard - combines information with submitted application info and other 1 - 5 5 5 5 5.00 All workflow enabled, and checklist for employee
Application has set modules, can add modules on top 1 - 5 4 4 4 4.00 Intelligent Application (Adjusts to Position) Will then rank applicants
May have user defined fields here 14 9 10 11 First, requisition processed - may require internal posting Applicant Tracking (1-15) Workflow along with recruitment 1 - 5 Post Jobs to Multiple Job Boards 4 2 3 3.00 Yes via a link 1 - 5 Integration with Social Media 5 3 3 3.67 YES 1 - 5 Pre-Screening Capability 5 4 4 4.33 Applications built from scratch and based on positions
Department which does customizable reports 24 19 21 21.333 May track number hours within multiple departments/orgs for FLSA requirements as well Reporting and Analytics (1-25) Side by side analysis within workforce central 1 - 5 Census 4 2 3 3.00 Query like we do now, so customizable 1 - 5 Billing 5 2 3 3.33 Linked to finanical - yes 1 - 5 Excel Integration 5 5 5 5.00 YES 1 - 5 Ability to Integrate with Data from other Software 5 5 5 5.00 Yes 1 - 5 View Data in Multiple Formats 5 5 5 5.00 Tracking day of week taken off most,
Section 2: Savings (Maximum of 20) 17 20 20 9.00 1 - 10 Cost Savings 7 10 10 10.00 1 - 10 Efficiency Savings 10 10 10 10.00
Section 3: Organization and Overall Solution (Maximum of 30) 22 26 26 24.667 Headquarters in Maine/Texas 1 - 5 Organization is Local 1 3 3 2.33 1 - 5 Complete Integration of all systems 5 5 5 5.00 One system 7/25/2017 4:29 PM Village of Niles Page 3 of 3 2016 Human Resources/Payroll Software Evaluation Form
Name Munis - Tyler Vendor Address Additional Information 1 - 5 Back End Access to Data 5 5 5 5.00 1 - 5 Time To Complete 5 5 5 5.00 9 months 1 - 5 Solution Platform/Innovation 3 5 5 4.33 Platform does not look as pretty as others, nice that it would integrate into CD and Finance Dedicated Representative Dedicated department by module - payroll and HR support, financial etc. 1 - 5 3 3 3 3.00 But not dedicated representative
Section 4: Independent References & Background (Maximum of 20) 20 20 20 20 1 - 20 References/Background #DIV/0! NEED - will send 1 - 20 Municipal Experience 20 20 20 20.00 40 others in IL -
Cost
Summary 59 Total Evaluations Rating (Maximum 325) 279 272 277 276
Average 276 HR/Payroll Solution
Needs and Recommendations from a Village-wide Perspective Agenda
∗ Why do we need a solution? ∗ What capability is required of a solution and which companies can accommodate the Village’s needs? ∗ What companies were interviewed and how did staff review each solution? ∗ How much will it cost? Discovery of Need
HR Needs Finance Needs ∗ Lack of software ∗ Payroll Software – 1990 – obsolete ∗ Automation of recruitment, ∗ Manual retro pay calculation approvals, reports, compliance ∗ Streamlining of time/attendance ∗ Retirement of HR Director data and timeclocks ∗ Increase of Village staffing ∗ Increase checks and balances complexities and/or controls ∗ Increased demand on HR staff ∗ Redundant manual entry and ∗ Analytics control ∗ Multiple union contracts ∗ Streamlining of W-2 process ∗ Increased benefit management ∗ Unified scheduling capability and ∗ ACA reporting paid time off tracking ∗ Capability to run analytic reports Discovery of Solutions
Reviewed 13 companies in total Interviewed 6 companies multiple times over course of 10 months: Paylocity Employco Paychex ADP Ceridian Munis/Tyler Requirements
∗ List of qualifications and scoring system created ∗ Finance, HR, and IT ranked all systems utilizing same scoring system ∗ Companies were scored on a total of 335 points ∗ Human Resource needs: ACA reporting, talent management, streamline recruitment processes ∗ Payroll needs: time tracking and scheduling, tax compliance, automated retro pay, solution specialists ∗ Village wide needs: employee self service portal, mobile capability, reporting and analytics, cost savings, improved efficiencies, security ∗ Companies were then vetted by the General Government/IT Chair along with Administration and the HR/Payroll Software Review Team Solution Comparison Chart
VILLAGE REQUIREMENTS Paylocity Employco Paychex ADP Ceridian Munis Automatic Enrollment of Benefits Manage/Review Benefits ACA Reporting Recruitment
HR Perspectives Talent Management Retropay Calculation Scheduling Digital PTO Requests Payroll Payroll
Perspectives Print/View/Deliver Paychecks Approval System Mobile Capability Reporting and Analytics Cost Savings and and Municipal Experience
Other Other Rankings References based on calls
Village-Wide Perspectives Average Overall Score 255 169 242 265 283 276 Solution Cost
Year 1 Year 2 Total 1st Year Total Cost Total Cost Over Set Up Fees Recurring Recurring COMPANY Cost Over 2 Years 5 Years Fees Fees Paylocity $ 23,230.18 $ 85,436.00 $ 108,666.18 $ 85,436.00 $ 194,102.18 $ 450,410.18 Employco $ 32,795.00 $ 145,368.00 $ 178,163.00 $ 145,368.00 $ 323,531.00 $ 759,635.00 Paychex $ 14,365.00 $ 98,384.33 $ 112,749.33 $ 98,384.33 $ 211,133.66 $ 506,286.65 ADP $ 49,400.00 $ 174,240.60 $ 223,640.60 $ 174,240.60 $ 397,881.20 $ 920,603.00 Ceridian $ 105,183.00 $ 107,919.30 $ 213,102.30 $ 136,853.55 $ 349,955.85 $ 762,536.50 Munis $ 225,205.00 $ 0 $ 225,205.00 $ 16,238.00 $ 241,443.00 $ 290,157.00 Total Cost Over 5 Year Period ∗ Munis/Tyler: $290,157.00 ∗ Paylocity: $450,410.18 ∗ Paychex: $506,286.65 ∗ Employco: $759,635.00 ∗ Ceridian: $762,536.50 ∗ ADP: $920,603.00 Conclusion
∗ There are many reasons for a new payroll/HR solution for the Village of Niles from both a payroll and HR perspective, as well as from a Village wide standpoint. ∗ 6 companies were interviewed and scored based on the same scorecard of needs for the Village. ∗ Payroll and HR needs are extensive – from daily functions of HR and payroll departments to reporting and maintaining compliance. ∗ Ceridian and Munis were the two top ranking companies from staff scoring based on Village needs. ∗ After careful review, Village staff recommends Munis as the Village solution as it is able to connect with proposed Financial Software. ∗ This package is also the least expensive in terms of cost over a 5 year period. ∗ Recommendations from HR software consultants BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with Matrix Consulting Group for an Organizational Analysis and Staffing Study of the Finance Department in the Amount of $20,000 Meeting Date 8/22/2017 Item Number 2
Requested by Hadley Skeffington-Vos, Deputy Village Manager Action Requested RESOLUTION
Prepared by Hadley Skeffington-Vos, Deputy Village Manager Assigned to: Trustee LoVerde
ATTACHMENTS: Type Description Department Memo * Memo to Board Resolution Resolution Agreement * Contract Backup Material Matrix RFP Submission/Response Backup Material * Matrix Pricing
MOTION I move for Board approval of a resolution of a contractual agreement with Matrix Consulting Group for an organizational analysis and staffing study of the Finance Department in the amount of $20,000.
REASON FOR REQUEST / BACKGROUND The Finance Committee heard presentations from staff's top ranked consultants at their August meeting. Staff is recommending Matrix Consulting. Matrix has demonstrated a strong knowledge of the issues and experience in the field of Finance.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 1060 Total Amount for Approval $20,000
ACCT# 3370 Budget Amount $20,000
Variance $0 RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH MATRIX CONSULTING GROUP, TO PROVIDE AN ORGANIZATIONAL ANALYSIS AND STAFFING STUDY OF THE FINANCE DEPARTMENT
WHEREAS, the Village determined that it was in need of a organizational analysis and staffing study; and
WHEREAS, Matrix Consulting Group, was determined to be the best solution for the Village needs after an extensive selection process and recommendation of the Finance Committee; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Matrix Consulting Group, will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Matrix Consulting Group, is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by the Village Clerk at least one original copy of the Contract executed by Matrix Consulting
Resolution 2017-
Group; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
TABLE OF CONTENTS
Proposal Section Page
LETTER OF TRANSMITTAL i
1. COMPANY BACKGROUND, EXPERIENCE AND PROJECT TEAM 1
2. PROJECT APPROACH 9
3. LEVEL OF EFFORT AND TIMELINE 13
4. PROPOSED FEE SCHEDULE AND PROJECT COST 14
LETTER OF TRANSMITTAL
1. COMPANY BACKGROUND, EXPERIENCE AND PROJECT TEAM
VILLAGE OF NILES, ILLINOIS Proposal to Conduct a Finance Department Staffing / Operations Study
1. COMPANY BACKGROUND, EXPERIENCE AND PROJECT TEAM
In this section of the proposal we are providing a general introduction to the Matrix Consulting Group, an overview of our qualifications and experience including references, and a description of our project team.
1. INTRODUCTION TO THE MATRIX CONSULTING GROUP
The Matrix Consulting Group’s only business focus is the provision of organization, staffing and management analytical services to the public sector. While we work with all types of public sector entities, over 95% of our clients are local governments. Our philosophy in providing management consulting services is to address our clients’ issues and needs in a fact-based manner that not only solves immediate problems, but also provides management and staff with implementation assistance and ways to continue to manage effectively into the future.
The following points provide specific information regarding the firm’s background, focus and composition:
• The Matrix Consulting Group was founded in 2002 and is an independent organization, not a subsidiary of any firm.
• The firm is domestically incorporated in California but also incorporated in Illinois as a foreign corporation. Our headquarters are in Northern California (in Mountain View). In addition, we have regional offices in Illinois, the Pacific Northwest (2 offices), North Carolina, Texas and Massachusetts.
• Our only market and service focus is management, staffing and operations analysis of local government.
• We currently have 18 full-time and 8 part-time staff.
This project would be managed and principally staffed out of our Illinois office. Two of the three staff people assigned to the project work out of this office.
2. OUR MANAGEMENT STUDIES PHILOSOPHY
Our market niche is based on providing detailed analysis through extensive data collection, input and interaction with our clients. The cornerstone of our philosophy in conducting organization and management studies is summarized in the following points:
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• A principal of the firm is always involved in our work for our government clients. For this project, we would commit the Vice President of the company, who leads our general consulting practice. He has 12 years of local government consulting experience and almost 15 years of local government work experience.
• Our projects are approached with a firm grounding in formal analytical methodologies. All impacts are identified and analyzed in detail to ensure that recommendations are implemented and our clients (and the public they serve) can understand the reasons for recommended changes. This is achieved by:
– Use of substantive project management techniques.
– Extensive input of municipal staff members through interviews and surveys; extensive input from other stakeholders (e.g., elected officials as well as community representatives).
– Detailed data collection and analysis derived from primary sources.
– Extensive internal reviews of facts, findings, conclusions and recommendations as studies proceed.
– Detailed implementation plans.
This philosophy and approach has provided our clients with valuable assistance and advice in dealing with important public policy issues. It also provides a high level of buy-in from all affected stakeholders, as they have multiple opportunities for participation in the study and have the opportunity to be apprised of our progress throughout the term of the engagement. As noted above, it has also resulted in very high levels of implementation of our recommendations.
3. PROJECT MANAGEMENT AND CONTROLS
We believe very strongly in the science of our craft. As a result, we utilize formal project management techniques in our studies. These techniques include:
• All project work activities are defined in advance and tied to each project team member, deliverables, the schedule and the budget.
• The project manager briefs each project team member on his/her roles and expectations. This is accomplished in writing and in person.
• The project manager and lead analysts develop general and project specific data collection plans and interview guides for all of our staff.
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• Internal (project team) and external (client) expectations and results are managed on a weekly basis. Formal project schedules and accountability reporting mechanisms are used to report this.
• The project manager designs and personally reviews all interim and final products before they are delivered to the client.
• We have frequent client review meetings to discuss the quality and direction of the project through interim deliverables. We commit to monthly formal reviews, including project steering committee meetings as well as ongoing status reports.
These project management approaches have resulted in all of our projects being delivered at a high level of quality, on time and on budget.
4. PRIOR FINANCE DEPARTMENT STUDIES.
The Matrix Consulting Group have conducted over 1,000 local government management studies since the firm was founded in 2002 including numerous department specific evaluations of Finance Departments. The following table provides specific finance department studies we have conducted:
Finance Department Studies Broward County, Florida Pasadena, California Charlotte, North Carolina Peoria, Arizona Hilton Head, South Carolina Reno-Washoe County, Utah Irvine, California Riverside, California Los Angeles County, California Salt Lake City, Utah Moorpark California San Luis Obispo, California
These studies focused on comparable scopes of work to those requested by the Village of Niles.
5. PRIOR FINANCE DEPARTMENT EXPERIENCE AS PART OF LARGER STUDIES
Our experience also encompasses a wide variety of organization-wide studies that included the evaluation of organizational structure, staffing and efficiency evaluations. All of these studies have included assessments of finance department operations. We have conducted over 75 organization-wide studies in our careers, as shown in the following table.
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Albany, New York Lathrop, California Rancho Mirage, California Albuquerque, New Mexico Lawrence, Massachusetts Rancho Palos Verdes, California Augusta, Georgia Monroe County, Michigan Raymore, Missouri Barstow, California Monrovia, California Roseville, California Brattleboro, Vermont Montgomery College, Maryland San Clemente, California Chatham County, Georgia Montpelier, Vermont San Rafael, California DeKalb County, Florida Niles Library District, Illinois Spokane, Washington Deltona, Florida Orland Park, Illinois Sunnyvale, California Franklin Township, NJ Orleans, Massachusetts Walnut Creek, California Fort Morgan, Colorado Peoria County, Illinois Waltham, Massachusetts Goodyear, Arizona Portsmouth, New Hampshire Washington State Ferries Half Moon Bay, California Portsmouth, Virginia Washoe County, Nevada Johnson County, Kansas Poway, California West Covina, California
We are also currently conducting organization-wide assessments for the Village of Tinley Park (IL); Town of Groton (MA); and City of Orting (WA). These studies include an assessment of their financial operations.
6. CLIENT REFERENCES
The following table provides project references for prior work of the Matrix Consulting Group and the project team.
Client and Project Project Summary Reference
Orland Park, The Village had implemented significant staff Paul Grimes Illinois reductions in the prior years. They asked the Formerly Orland Park Village firm to provide recommendations for reallocation Manager now City Manager Organizational of staff, revised organizations, and operational of McKinney, TX Staffing Analysis improvements to enable them to maintain high- level services with existing staff. We provided 972.547.7500 recommendations for reallocation of positions [email protected] focused on enhancing core services within existing financial constraints.
Broward County, Principal recommendations included (1) Paul W. Cissell Florida enhancing internal controls; (2) increasing Assistant Director staffing in Financial Reporting and Payroll, but Accounting Division Management reducing staffing in Accounts Payable; (3) Study of the streamlining and simplifying work practices; (4) 954.357.7242 Accounting enhancing the depth and extent of financial [email protected] Division reporting and (5) enhancing accounting management by the management and supervisory team.
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Client and Project Project Summary Reference
Riverside, This project included a comprehensive Cheryl Johannes California evaluation of the City’s Finance Department. Internal Audit Manager The scope of work for the study included evaluation of organizational structure, staffing 951.826.5688 Financial and allocations, processes utilized, and a [email protected] Performance Audit compliance review of financial and operational of the Finance practices with existing policies and procedures. Department Key recommendations included organizational restructuring, staffing modifications, various enhancements to service levels, and increasing use of technology. We identified staffing levels (and position types) required to provide necessary services needed by the organization as well as the staffing necessary to address identified deficiencies. Given existing fiscal limitations, we prioritized how staff should be allocated to achieve the greatest impact or service delivery within the existing staffing allocations until such time as the necessary staff positions can be funded.
Irvine, California This study involved an overall operational Grace Leung assessment of the Administrative Services Assistant City Manager Evaluation of the Department including finance and human Administrative resources functions. The assessment included an 949.724.6000 Services evaluation of operational practices, policies and [email protected] Department procedures, technology utilization, customer service levels, and staffing and organizational structure issues. Key recommendations included development of a new organizational structure (longer-term to provide separate departments for each function), modifications to policies and procedures, implementation of performance metrics for key service areas, and staffing level modifications.
We encourage you to talk with the prior clients regarding the quality and depth of our work.
7. PROJECT TEAM
Our proposed project team includes the following individuals, who have extensive municipal government consulting experience evaluating financial operations and have previously worked together as a team on numerous engagements.
• ALAN PENNINGTON – Alan Pennington is a Vice President and is based in our St. Louis metro office. Mr. Pennington has over 20 years of practitioner and consulting experience in human resources. Mr. Pennington served for over 15 years in various public sector positions in Illinois and Maine before joining Matrix. The positions included Assistant City Manager, Assistant Human Resources
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Director, and Labor Relations Manager / Chief Negotiator. Mr. Pennington’s experience evaluating Finance operations as part of organization-wide studies includes: Albuquerque (NM), Carroll County (NH) Franklin Township (NJ), Johnson County (KS), Mt. Lebanon (PA), Orland Park (IL), Peoria County (IL), Rancho Mirage (CA), Rancho Palos Verdes (CA), Raymore (MO), Roseville (CA), Washington State Ferries. His experience conducting dedicated financial studies includes: Avon (CT), Irvine (CA), Rockingham County (NH), Riverside (CA), Springfield (MA), and Sunnyvale (CA). Mr. Pennington is a member of the following relevant professional associations: The International City/County Management Association and the Association of Local Government Auditors. Mr. Pennington has a BA (Public Management) and MPA from the University of Maine. Mr. Pennington would serve as the Project Manager and Lead Analyst for this engagement.
• KHUSHBOO HUSSAIN is a Manager with the firm based in our Mountain View Headquarters. Ms. Hussain has been a part of our Financial Services Division for more than five years and has also been a member of our management studies practice over the last three years. Prior to joining the Matrix Consulting Group, Ms. Hussain was an analyst in international relations and government service delivery and interned at the State Assembly. Ms. Hussain’s experience includes evaluating financial processes and internal controls for the following representative clients: Irvine, Los Angeles, Los Angeles County, Riverside, and Sunnyvale (CA), Austin (TX), DeKalb County (GA). Additionally, she has conducted cost allocation plans and user fee studies for over two dozen clients. Ms. Hussain received her B.A. and M.A. in International Economics from University of California, San Diego. Ms. Hussain will serve as a Project Analyst supporting all senior staff.
• DAVID LEE BRANCH is a Senior Consultant assigned to support our senior staff in all subject areas. In his time with the firm he has contributed to dozens of studies, including Coral Gables (FL), Montgomery College (MD), Springfield Water and Sewer Commission (MA), Rockingham County (NH), DeKalb County (GA), Kissimmee (FL), Niles (IL), and Flower Mound (TX). Specific studies focused on the evaluation of financial operations include: Riverside (CA), Rockingham County (NH), and Tinley Park (IL). Mr. Branch received his B.S. in Public Policy, Management, and Planning from USC, and his Masters in Secondary Education from the University of Missouri – St. Louis. Mr. Branch will serve as a Project Analyst supporting all senior staff.
The project manager and lead analyst’s resume is provided on the following page.
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ALAN D. PENNINGTON VICE PRESIDENT, MATRIX CONSULTING GROUP
Background: Alan Pennington is a Vice President with the Matrix Consulting Group and leads our General Consulting Practice. He has been employed by the Matrix Consulting Group since 2005. Prior to that he served for over 15 years in public sector positions in Maine and Illinois. He served in Peoria, Illinois (from 1992 to 2005), in various positions including Assistant City Manager, Assistant Human Resources Director, and Labor Relations Manager. Mr. Pennington has conducted operational studies and analysis, budget preparation, implementation of performance measurement systems, direct supervision of an emergency communications center, equal opportunity unit and a labor negotiator. Mr. Pennington is trained in Six Sigma.
Administrative Services: Conducted studies of administrative support services including Human Resources, Finances, Procurement, and City Clerk. Study scope of work included performance measurement, customer service (internal and external), technology utilization, staffing evaluations, policy and procedure review, and comparison to best management practices.
Avon (CT) - HR, Finance, Maintenance Peoria County (IL) - HR, Procurement, Finance Carroll County (NH) – Human Resources Portsmouth (NH) - Labor Relations, Overtime Charlotte (NC) - Procurement Riverside (CA) - Finance CPS Consultants (CA) – Organizational, HR Riverside (CA) – Human Resources Highland Park (IL) – HR Rockingham County (NH) – Human Resources Ketchikan (AK) – HR Division Assessment Salt Lake City (UT) - Human Resources Los Angeles (CA) – Payroll Santa Clara Valley Water (CA) – Procurement Irvine (CA) – Administrative Services incl. HR Seattle City Light (WA) – Worker’s Compensation Imperial Irrigation District (El Centro, CA) – HR Springfield (MA) - City Clerk Madison Area Technical College - HR Springfield (MA) - Finance, Procurement Marshall University (WV) - Procurement Sunnyvale (CA) – Finance, Procurement Matanuska (AK) - School Site Selection University of Maryland University College -HR Missouri Department of Conservation - HR VTPO (FL) – Human Resources Program Study West Virginia University (WV) - Procurement
Agency-Wide Studies: Participated on project teams conducting evaluations of entire city organizations. Work scope included evaluation of service levels and policies and procedures, staffing levels, evaluation of spans of control, and reviewing alternatives options for overall organizational structure.
Corporation for Public Broadcasting, Wash., D.C. Peoria County, Illinois Fort Morgan, Colorado Rancho Mirage, California Franklin Township, New Jersey Rancho Palos Verdes, California Half Moon Bay, California Raymore, Missouri Johnson County, Kansas Roseville, California Montpelier, Vermont South Coast Water District, California Mt. Lebanon, Pennsylvania University at Albany - SUNY Orland Park, Illinois Washington State Ferries
Parks and Recreation: Evaluated parks and recreational functions including scope of services provided, utilization of facilities, public-private partnerships, preventive maintenance and long-range planning, and technology utilization.
Elmhurst Park District, IL Orleans, Massachusetts Grand Rapids, Michigan Seattle, Washington Los Angeles, California Southlake, Texas
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ALAN D. PENNINGTON VICE PRESIDENT, MATRIX CONSULTING GROUP
Community Development (Planning, Building, Code Enforcement): Evaluated the development review and permitting processes. Conducted assessment of staffing, operations, process mapping, technology utilization, performance level assessment, and customer service. Cupertino, California Lee’s Summit, Missouri (Code Administration) Dayton, Ohio Lee’s Summit, Missouri (Planning) Des Moines, Washington Little Rock, Arkansas Greenville, South Carolina Manatee County, Florida Gwinnett County, Georgia Marion County, Oregon Hanover County, Virginia San Jose, California Hilton Head Island, South Carolina Springfield, Massachusetts Johnson City, Tennessee Sunrise, Florida (two studies) Lawrence, Kansas West Palm Beach, Florida
Public Works and Utilities: Conducted studies of full service public works departments including maintenance, fleet, traffic, engineering, and roads. Studies have focused on evaluation of maintenance management, crew sizes and staff utilization, technology, organizational structure, standard operating procedures, levels of performance management, and feasibility of shares services with neighboring governmental units.
Alexandria, Virginia Nashville-Davidson County, Tennessee Charleston County, South Carolina Orleans, Massachusetts Franklin, Tennessee (Water/Wastewater) Rock County, Wisconsin Franklin, Tennessee (Fleet Management) Washington County, New York Milwaukee, Wisconsin White Plains, New York
Public Safety: Mr. Pennington has conducted a variety of studies related to public safety areas covering the range of Police and Fire Services. On larger studies, Mr. Pennington has focused on evaluation and assessment of the Administrative Services (Human Resources, Finance, Records Administration, etc.).
Des Peres, Missouri (Public Safety) Orange County Sheriff, Florida (Admin. Services) Jacksonville, Florida Sheriff (Admin. Services) Raymore, Missouri (Police) Omaha, Nebraska (Collective Bargaining) West Des Moines, Iowa (Fire) Portsmouth, New Hampshire (Collective Bargaining) Winnipeg, Canada (Police)
PROFESSIONAL ASSOCIATIONS: American Planning Association (APA) Association of Local Government Auditors (ALGA) International City-County Management Association (ICMA) International Code Council (ICC)
EDUCATION: BA, University of Maine – Public Management; 1990. MPA, University of Maine – Public Administration, 1992.
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2. PROJECT APPROACH
VILLAGE OF NILES, ILLINOIS Proposal to Conduct a Finance Department Staffing / Operations Study
2. PROJECT APPROACH
This section of the proposal provides a proposed work plan for this engagement based upon our understanding of the Village of Niles and the scope of work outlined in the RFP.
3. PROPOSED PROJECT PLAN
The proposed tasks that we would perform to meet the Village’s requirements for the evaluation of the Finance Department Staffing and Operations study are presented below.
Task 1 Develop an Understanding of the Village of Niles’ Finance Department and Collect Data Necessary for the Study
It is important that the project team fundamentally understand how the Village is currently providing financial services including staff allocations and duties, service levels, and workload. To develop this understanding, we will accomplish the following work steps:
• Conduct interviews of Finance Department staff to: (1) collect and document basic operational data; (2) develop descriptions of the organizational structure; (3) document the allocation of all functions, programs and services; and (4) document the staffing levels and responsibilities for staff in each function. Representative data to be collected to perform this task includes:
– The structure of each functional area under review;
– Staffing levels of each functional unit;
– Inter-relationship with other Departments and how these units coordinate/share work;
– Basic job responsibilities for management, supervisory and operational staff in these functions; and
– The primary tools, equipment (including computer equipment), and facilities available.
• Develop an understanding of the major management systems for financial reporting and budgeting and those systems used to plan, schedule, monitor and adjust approaches to service delivery, including:
– Policies and procedures that have been established;
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– Common practices that have been observed;
– Financial reporting and budgeting systems;
– Organizational business processes and procedures;
– Use and capabilities of any computerized management information systems, and,
– Performance monitoring systems.
• Identify workload and service levels for each of the major functions.
• Develop an understanding of key performance indicators.
• Document all key programs and operations including:
– Programs scope and content;
– Workload data;
– Financial and related transactional data;
– Basic service levels; and
– The extent of contracted services.
Once these initial data collection activities have been completed, the project team will prepare a descriptive profile that presents our understanding of the current organizational areas under study to include staffing, inter-relationships, operations and costs. This profile will be circulated to ensure the accuracy of our understanding. Once completed and reviewed, the profile information will provide the basis for financial and performance analysis conducted and completed in subsequent study tasks.
Task Result: The deliverable for this task would be a profile describing our overall understanding of the Finance Department.
Task 2 Benchmark the Finance Department Against Best Management Practices and Comparable Communities
The purpose of this task is to evaluate the Finance Department in the context of best management practices in the profession and against comparable public sector entities. The Matrix Consulting Group would evaluate operations in the context of best management practices for public sector financial operations and identify existing strengths and opportunities for improvement within the financial operation. This assessment would focus both on quantitative and qualitative measures for each of the
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Department’s service areas. This product would be utilized to identify those areas in which service level targets are being met, and where gaps may exist in service efficiency or effectiveness. The best management practices assessment will identify opportunities for improvement to be addressed in later tasks.
Additionally, we would compare the Village of Niles’ Finance Department against 5 to 7 comparable communities to assess: (1) staffing levels, (2) organizational structure, (3) technology utilization, and (4) major operating practices employed. This comparative assessment will identify how the Village compares to selected peer entities. The use of both a best practices assessment, in conjunction with the comparative assessment, will provide a holistic framework for evaluating alternatives and ensuring recommendations are implementable.
Task Result: The deliverable of this task would be an evaluation of the actual finance practices in comparison to best management practices and benchmarking key elements of the department against those of comparable public sector entities.
Task 3 Evaluate the Staffing, Work Practices, and Service Levels
During this task, the project team would evaluate staffing allocations (including duties of specific positions, organizational structure, policies and procedures that guide financial service provision, and the operating practices of the department. High priority focus will be placed on those issues identified from prior tasks. Examples of the types of analytical activities the project team would perform for each of the scope of work area are portrayed below.
• Evaluate the levels of service delivered and interactions with other departments.
• Evaluate the adequacy of major work practices utilized specifically for:
- Water billing inquiries - Accounts receivables - Cash receipts - Accounts payables - Customer inquiries - Payroll - Purchasing / Fixed Assets
• Evaluate work planning and scheduling in all functional areas.
• Evaluate the productivity and staffing levels against work output guidelines and applicable regulatory requirements that may impact staffing levels.
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• Evaluate Information Technology utilized to provide financial services and impact on staffing and operational practices (to the extent feasible given that the financial system will be changing in the coming year).
• Evaluate internal and external customer service.
• Evaluate opportunities to implement best practices that are not currently being met.
• Develop staffing allocations and a recommended organizational structure for the Department.
This task will result in the detailed analysis of operations and performance leading to the specific recommendations for improvement to be contained in the final report.
Task Result: The deliverable of this task will be improvement opportunities and proposed adjustments in staffing, work practices, service levels, customer service, etc.
Task 4 Prepare a Draft and Final Report and Provide Detailed Plans for Implementing Identified Improvement Opportunities
Upon conclusion of the aforementioned tasks, we will prepare a detailed report that summarizes the results of each of the previous work tasks described above. This report will include the following:
• An Executive Summary of all key findings and recommendations.
• An evaluation of key Finance Department service areas including financial review, management, staffing, technology and organizational issues.
• A comparative analysis against performance measurement statistics and best practices to identify opportunities for organizational refinement relative to financial and management operations, staffing practices, etc.
• An implementation plan covering all recommended improvements consisting of specific implementation work steps, suggested responsibility for implementation, as well as cost and/or savings associated with implementation.
The draft report will be reviewed with the Village prior to finalization. Once finalized, we would be happy to present findings to the Village Board in a public meeting or whatever forum desired.
Task Result: The analysis would be reviewed in draft with appropriate Village representatives. Once finalized, it will be presented to the Village Board.
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3. LEVEL OF EFFORT AND TIMELINE
VILLAGE OF NILES, ILLINOIS Proposal to Conduct a Finance Department Staffing / Operations Study
3. LEVEL OF EFFORT AND TIMELINE
The chart, below, shows our proposed timeline for accomplishing each of the tasks associated with the project work plan presented in the previous section of our proposal. We propose conducting this study over a twelve (12) week schedule as shown:
TASK 1 2 3 4 5 6 7 8 9 10 11 12 1. Develop a Profile / Data Collection 2. Conduct a Best Practices / Comparative Analysis
3. Analyze Staffing and Operational Practices
4. Develop Draft & Final Reports
We are typically available to begin within two weeks of receipt of a notice to proceed.
As requested, we have delineated the level of effort by project team members in the following table:
Branch / Task Pennington Hussain 1. Develop a Profile / Data Collection 12 32 2. Conduct a Best Practices / Comparative Analysis 12 24 3. Analyze Staffing and Operational Practices 20 40 4. Develop Draft & Final Reports 12 16 TOTAL HOURS 56 112
As shown, Mr. Pennington would be responsible for 56 (33%) of the project hours and be involved in each task of the project. The remaining two-thirds of the hours would be handled by the assigned consultants: Mr. David Lee Branch and Ms. Khushboo Hussain. The actual split of hour is anticipated to be equal between the two consultants but may vary depending on specific issues identified during the study.
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4. PROPOSED FEE SCHEDULE AND ESTIMATED PROJECT COST
VILLAGE OF NILES, ILLINOIS Proposal to Conduct a Finance Department Staffing / Operations Study
4. PROPOSED FEE SCHEDULE AND ESTIMATED PROJECT COST
The table, below, provides a detailed budget for the engagement outlining hours by task and by level of consultant. As shown, we are proposing to complete this project for $27,500 inclusive of all time and expenses.
Project Project Task Manager / Totals Analyst Lead Analyst 1. Develop a Profile / Data Collection 12 32 44 2. Conduct a Best Practices / Comparative Analysis 12 24 36 3. Analyze Staffing and Operational Practices 20 40 60 4. Develop Draft & Final Reports 12 16 28 TOTAL HOURS 56 112 168 RATE PER HOUR $195 $125 TOTAL PROFESSIONAL SERVICES $10,920 $14,000 $24,920 EXPENSES $2,580
TOTAL PROJECT COST $27,500
We would be happy to enter into a fixed price contract for this amount.
Matrix Consulting Group Page 14 BOARD AGENDA ITEM EXPLANATION FORM
Ordinance Approving a Zoning Map Amendment from an R-3 Two-Family Residential District to M Limited Industrial District for a Self-Storage Facility and Parking Lot for the Property Known as 7421, 7431, 7437, and 7443 Waukegan Road (17-ZP-14) Meeting Date 8/22/2017 Item Number 3
Requested Charles Ostman, Director of Community Action ORDINANCE by Development Requested
Prepared by Bruce Sylvester, Senior Planner Assigned to: Trustee McCreery
ATTACHMENTS: Type Description Ordinance Ordinance Backup Material Staff Report Minutes Minutes - July 10, 2017
MOTION I move for Board approval of an ordinance approving a zoning map amendment as required in Appendix B, Section 15.2 from an R-3, Two-Family Residential, to M, Limited Industrial District, for a self-storage facility and parking lot for the property known as 7421, 7431, 7437, and 7443 Waukegan Road.
REASON FOR REQUEST / BACKGROUND The Planning and Zoning Board voted 6 to 1 to recommend approval at their public hearing on July 10, 2017.
Will this action involve an expenditure of funds? No
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance ORDINANCE 2017-
APPROVING A ZONING MAP AMENDMENT AS REQUIRED IN APPENDIX B, SECTION 15.2 FROM AN R-3 TWO-FAMILY RESIDENTIAL DISTRICT TO M LIMITED INDUSTRIAL DISTRICT FOR A SELF-STORAGE FACILITY AND PARKING LOT FOR THE PROPERTY KNOWN AS 7421, 7431, 7437 AND 7443 WAUKEGAN RD., NILES, ILLINOIS
WHEREAS, the question of granting a zoning map amendment to 7421, 7431, 7437 and 7443 Waukegan Rd., included in this ordinance, was referred to the Planning and Zoning Board for a public hearing;
WHEREAS, a public hearing was held on July 10, 2017, after proper notice in a manner provided by law;
WHEREAS, the Planning and Zoning Board has made an report, containing findings of fact and recommending the granting of the zoning map amendment to allow a self-storage facility and parking lot located at 7421, 7431, 7437 and 7443 Waukegan Rd., Niles, IL 60714; and
WHEREAS, the corporate authorities of the Village of Niles, Cook County, Illinois have duly considered said Planning and Zoning Board recommendation.
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, as a Home Rule Municipality, as follows:
SECTION 1: The materials and exhibits attached to this ordinance are incorporated by reference and made a part of this ordinance.
SECTION 2: The zoning map amendment designating as required in Appendix B, Section 15.2 for the property known as 7421, 7431, 7437 and 7443 Waukegan Rd., Ordinance 2017- from an R-3 Two-Family Residential District to M Limited Industrial District, is approved.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.
PASSED: This 22nd day of August, 2017 AYES: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com
Approved Meeting Minutes
Monday, July 10, 2017
7:00 PM
Village Hall
Planning and Zoning Board
Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Karabatsos Barbara Nakanishi Thomas Parala Robert Schulter Angelo Troiani, Emeritus Staff Liaison Bruce Sylvester
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______CALL TO ORDER/ROLL CALL
The Niles Planning and Zoning Board was called to order at 7:09 P.M. All rose for the Pledge of Allegiance.
PRESENT: 6 Chairman Thomas Kanelos, Commissioners Susan DeBartolo, Robert Schulter, Barbara Nakanishi, Thomas Parala, Morgan Dubiel
Also present was Director of Community Development Charles Ostman, Senior Planner Bruce Sylvester and Village Attorney Danielle Grcic.
Commissioner Ted Karabatsos and Commissioner Emeritus Angelo Troiani were absent.
APPROVAL OF MINUTES
Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of June 5, 2017. There were none.
Commissioner Dubiel moved to approve the minutes of June 5, 2017.
Seconded by Commissioner Parala, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Chairman Kanelos wished Ginger Troiani well and hopes for a speedy recovery from everyone on this Board. Also, since three of tonight’s cases will take a good deal of time, he adjusted the agenda and put 17-ZP-14, 17-ZP-15 and 17-ZP-16 as the last items in tonight’s meeting.
OLD BUSINESS – None
NEW BUSINESS
17-ZP-12 Requesting approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave.
Page 2 of 28
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______17-ZP-13 Requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set-back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue.
17-ZP-14 Requesting approval of a Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M-Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road.
17-ZP-15 Requesting approval of a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road, both per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed new self-storage and business incubator development at 7421 Waukegan Road and associated parking at 7431, 7437 and 7443 Waukegan Road.
17-ZP-16 Requesting approval of variations for 1)Front yard set- back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3) – all for a proposed self-storage and business incubator facility at 7421 Waukegan and the associated parking lot which will be the principle use of the properties at 7431, 7437 and 7443 Waukegan Road.
Page 3 of 28
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______17-ZP-17 Requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street.
DISCUSSIONS
ADJOURNMENT
Chairman Kanelos called for the first item on tonight's agenda.
17-ZP-12 Requesting approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave.
Bruce Sylvester presented the case. This will be for a new building and drive-through for a Panda Express restaurant in the parking lot of the Millbrook Shopping Center at 9347 Milwaukee Ave. Any business that has a drive-through has to obtain a special use permit. As part of this proposal, a portion of an existing part of the Millbrook Center will be demolished. It is the portion of the center closest to Milwaukee Ave. It is currently a vacant space that was once occupied by a dry cleaning business. This is shown on the overhead aerial photo, and there is also a copy of the photo in tonight’s packet. For any new construction projects, developers must submit a complete landscape plan. All landscape projects must be approved upfront. Once that is done, Staff proceeds with architecture viewing, parking, etc. He then explained the site plan shown on the overhead. He showed what will remain of the Millbrook Center and the footprint of the Panda Express restaurant. There is sufficient parking on the site for Panda Express and the existing businesses. Public notification was placed in the newspaper and mailed notices to all property owners in the vicinity. The action tonight would be a recommendation that would go to the Village Board.
Chairman Kanelos asked about the artistic rendering showing outdoor seating. He thinks it is a very narrow sidewalk.
Mr. Sylvester said to ask the architect about the sidewalk.
Commissioner Dubiel asked about parking calculations.
Mr. Sylvester said the kitchen area is not included in parking calculations.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______As a general policy, outdoor seating is not included in parking calculations.
Commissioner Schulter asked about the utility posts shown in the photo on the overhead. It is, in fact, a photo – not a rendering.
There were no more questions from the Commissioners for Staff.
Chairman Kanelos called the petitioner to the podium to be sworn in.
Henry Clover, Architect, 1955 Lowell, Overland Park, KS., was sworn in. He has worked with Panda and CFT in the past on other projects. With him tonight is Randall Drueck, Engineer, Manhardt Consulting Ltd., 900 Woodlands Pkwy, Vernon Hills, IL 60061 and current owner of the property. They are here tonight petitioning for a special use for a drive-through facility for Panda Express. Staff has been exceptionally helpful. He said the sidewalk will be in alignment with the rest of the sidewalks in the area. The outdoor dining area is typical for Panda, approximately 7 ft. wide. There is still 8 ft. of green and fencing to protect it from the driveway as well. There is room to landscape along the chain-link fence on the north side of the property, adjacent to car storage for Golf-Mil Ford. They will build in trash enclosures. The center will be rehabbed as well. Panda is a high class organization. He explained the design of the building. From a safety factor, they are removing one of the drive-through lanes, as there were two shown. They are closing off the one to the left of the one that is remaining. It is shown on the plan. Circulation around the building will come back around to the front of the building.
Chairman Kanelos asked about the outdoor seating area. From the building to the decorative railing, how far is that?
Mr. Clover said 7 ft. clear. There is also an additional 8 ft. past that. The rendering is prototype but changes have been made to accommodate safe space.
Commissioner Schulter asked if patrons going to the drive-through window find out their order is not ready, is there a place to pull up and wait outside of the line?
Mr. Clover said yes.
Chairman Kanelos asked if there were more questions. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve item 17-ZP-12 requesting
Page 5 of 28
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave. The special use is consistent with the zoning ordinance of the adoptive Comprehensive Plan; it will not endanger the public health, safety and welfare; the proposed special use is compatible with the general land use of adjacent properties; and the proposed special use is necessary for the public convenience at this proposed location.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary.
Chairman Kanelos called for the next item.
17-ZP-13 Requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set-back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue.
Mr. Sylvester said this is a request for a variation for an expansion of an existing carport. This is not the first case like this one. There are others dating back to 2010. All had narrow driveways. He showed a picture of the carport on the overhead screen. What makes this more challenging to maneuver a car through the carport to the detached garage at the rear of the property is the fact there are stairs on the side of the house that lead into the house. There are materials in the packet from the petitioner’s architect outlining how he plans to widen this carport. All notifications have been met – in the newspaper and mailed to homeowners in the vicinity.
Commissioner Dubiel asked what harm Staff sees if they were to approve
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______this particular petition.
Mr. Ostman said he didn’t see any harm in it – these particular types of variations granted for carports have been approved in the past.
Commissioner Dubiel proposed that at the August 14, 2017 meeting, the Board revisits the code to allow these in general and save the public some time and cost in coming to this Board for approval.
Chairman Kanelos said that could be taken into consideration. He asked what the fee is for filing for this. However he doesn’t think every case is the same.
Mr. Sylvester said for a residential variation like this one the fee is $75.00. The process takes about 2 months to get the notification into the newspaper and notify all the neighbors.
There were no other questions for Staff.
Chairman Kanelos called on the petitioner to be sworn in.
Robert Adams, 8728 Oleander, Niles, IL came to the podium and was sworn in. He had nothing else to add. He’s lived there 51 years.
Chairman Kanelos asked if there were any questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve 17-ZP-13 requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set- back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue. The findings of fact have been met. The strict application determines this ordinance would result in undue hardship, [inaudible]. The variation will not alter the essential character of the locality; the plight of the owner …..[inaudible]
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chariman Kanelos called for the next item on the agenda.
17-ZP-17 Requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street.
Mr. Sylvester said this request is from Rich Foods to build an expansion to the current building to accommodate some additional storage area at their plant in Niles at the northeast corner of Mulford and Merrimac. The site currently has some parking for visitors. They also have parking to the north of that area which is sufficient. They need 2 variations: one for set-backs and one for exterior building materials. The 2 set-backs will be from the front yard along Mulford where 25 ft. is required but they would like a 4 ft. 10-1/2 in. variation so they can be closer to the street. The corner side yard is similar. They require a 25 ft. set-back and they are requesting a 20 ft. 7 in. variation so the building can be closer to the side street. The third requirement is for building materials. The zoning ordinance states some materials are prohibited, including aluminum, steel and other metal sidings. However, the existing building does have metal siding and the applicant and Staff agreed the most attractive building addition would match the existing building. Included in the packet is the site plan. An aerial photo is shown on the overhead.
Chairman Kanelos said it looks like the adjacent existing building is set back the same amount.
Mr. Sylvester said the addition would be in line with the existing building.
Chairman Kanelos then said therefore it is already existing non-conforming.
Mr. Sylvester said yes. The zoning ordinance says you can expand an existing non-conforming wall unless the non-conformity is more than 20%. So this is more than 20% of the required 25 ft. hence the need to come before this Board. All the required notifications have been met.
Commissioner Nakanishi read part of the petitioner’s request concerning building materials. This request for building materials is also part of the food manufacturing process, not just appearance. It helps with the proper functioning of the building.
Commissioner Ted Karabatsos arrived and joined the panel of Commissioners at 7:45 p.m.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Commissioner Dubiel had questions about the set-backs.
Mr. Sylvester said the idea is to have some amount of yard [green space/open space] in the manufacturing district.
There were no more questions for Staff.
Chairman Kanelos then called the petitioner forward.
Brit Haslow, Engineer for Rich Products, 6200 Mulford St., Niles, IL, came forward and was sworn in. He’s here to propose freezer expansion. This will be used to increase more production at the Rich Products facility. The freezer temp inside is 25 degrees so there are materials that work and materials that don’t. The company attorney looked back in records regarding set-backs all the way to 1962. The easements were granted to a realtor who developed the entire area. They now have the release from Commonwealth Edison and are trying to track down other things pertaining to the easement. Rich Products bought the building in 1994; before that it was Nutra Sweet; before that it was a sausage factory. He doesn’t know what it was before that. They made a warehouse expansion in 1994 that had these same requirements.
Commissioner Schulter said the Village Engineer had a concern about an easement on the property in the 1960’s. Was that actual easement vacated?
Mr. Haslow said they did a JULIE on the area they will be building. Commonwealth Edison granted permission to vacate so Rich Products will be able to do this project.
Commissioner Schulter asked if they also obtained permission from Nicor, Comcast, AT&T?
Mr. Haslow said that’s where he mentioned the original easement was granted to a realtor in 1962. They are trying to find the realtor now and pay attorney fees to get it released in total.
Commissioner Schulter asked if the attorney will contact the other utility companies to get the permission to vacate that easement.
Mr. Haslow said yes, they are working on that. They do know the Commonwealth Edison poles are on the side of the building.
Chairman Kanelos asked if there were any more questions for the petitioner from either the Commissioners or the public. There were none. He entertained a motion.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Commissioner Dubiel moved to approve 17-ZP-17 requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street. The evidence of findings of fact have been met. [Inaudible] Granting of this application will not alter the essential character locale; the plight of the owner is due to unique circumstances …subject property.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried.
Chairman Kanelos called for the final three related items on tonight’s agenda.
17-ZP-14 Requesting approval of a Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M-Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road.
Mr. Sylvester stated this proposal is for a self-storage building on the properties formerly occupied by Ideal Uniform Co. and a small parking lot to the north of the facility. This proposal requires three zoning approvals. The applicant, architect and other interested parties are in attendance. The site is between Niles Terrace and Jarvis on the east side of Waukegan. An aerial photo of the site is on the overhead screen. The larger parcel is the site of the proposed building. The smaller 3 parcels to the north would be for the proposed parking lot. There is also a parcel for a small storm water detention facility. All this property is for tonight’s request. The owner of these pieces of land also owns a small single family lot east of the alley. There are no plans to do anything with this lot but it is not included with the proposal tonight. All the information shown on the overhead is included in the packet. The first of the 3 zoning approvals required is a zoning map amendment. The properties are currently zoned R-3 residential. In Niles self-storage facilities require M-manufacturing. In the M district, self-storage facilities require a special use permit. That would be the next step [17-ZP-15]. Also, stand-alone parking lots require a special use permit. So this would require 2 special use permits. One for the larger piece of land and the other for the
Page 10 of 28
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______parking lot. Third and finally, variations are required for the specific building being proposed and specific configuration of the parking lot to meet the needs of the applicant. Those requirements are listed in the Staff report [17-ZP-16].
This is set up as three separate items and Staff feels they should be voted on separately: 1. Zoning map amendment; 2. The special use permits; 3. The variations. All required notifications were provided. Legal notice in the newspaper and mail notices along with notification on the property. Also included in the packet are all the various approval standards provided regarding a map amendment.
17-ZP-15 Requesting approval of a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road, both per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed new self-storage and business incubator development at 7421 Waukegan Road and associated parking at 7431, 7437 and 7443 Waukegan Road.
17-ZP-16 Requesting approval of variations for 1)Front yard set- back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3) – all for a proposed self-storage and business incubator facility at 7421 Waukegan and the associated parking lot which will be the principle use of the properties at 7431, 7437 and 7443 Waukegan Road.
Mr. Sylvester described again the site and site plan. The applicant has also designated an area at the corner of the building for a small office and/or a
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______small retail center, perhaps a FedEx office. He thinks it is an attractive building; the proposed height is 50 ft. In the M district, that is the maximum height allowed. It would be 4 stories tall.
Chairman Kanelos asked the highest height allowed in R-3 districts.
Mr. Sylvester said he believes it is 32 ft. He will check on that. It did not change with the new zoning code.
Commissioner Karabatsos asked if it is 32 ft. for this district.
Mr. Sylvester said it is 32 ft. for R-3 district. The proposal is to rezone for M district; then the max would be 50 ft.
Commissioner Dubiel thinks the building is very attractive compared to what is there now with an empty lot. He asked Mr. Sylvester to walk through the zoning map amending process because he feels that is the key to this case. He mentioned items A through K listed in the Commissioners’ packet.
Mr. Sylvester said the Comprehensive Plan show this as residential but it’s not far from the C-3 district which is a mixed use district along Milwaukee Ave. Across the street [Waukegan Rd.] is a taller residential building, commercial buildings and a swim school. To the east of the proposed storage facility is R-2; to the west C-3. R-2 is single family only. He believes there aren’t any impacts on health, safety and welfare of the residents. The Village Engineer does not see any negative traffic impacts related to the subject property. Police had no concerns on this proposal. He feels the applicant should address these issues. There have been other proposals for this property but they didn’t come to fruition. Residential density was a problem for the residential development inquiries.
Mr. Ostman said this property has been vacant for many years. It was originally zoned manufacturing. It was rezoned to R-3 approximately 10-15 years ago. The intent was to try to get residential on that lot. The Village was not successful in doing so.
Mr. Sylvester said they talk to developers all the time – maybe 20 for every 1 that makes it to this Board.
Chairman Kanelos asked if developers are told they have a right to seek a variation for number of units requested – because of density.
Mr. Sylvester said they tell people what the rules are and what they need to do to meet the rules. If they don’t, we explain the option of a variation.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______There was much discussion about the possible density issues of this property with other developers. There was additional talk of non-conformities. Just re-zoning a piece of vacant manufacturing land will not create non- conformities.
Mr. Sylvester said there is not a lot of recent development in that area. Aldi across the street was recently converted to a swim school. The only reason the applicant is requesting M zoning is because that is the only district the Village of Niles allows self-storage buildings.
Chairman Kanelos asked if would have been better to make a text amendment to C-3 to allow storage buildings ….because façade requirements are very strict in C-3; it would be guaranteed it would look good.
Mr. Sylvester said among Staff they were certain discussions of ways to get this by. A text amendment was one option. If we were open to C-3, perhaps these storage buildings would be popping up where we didn’t think appropriate – such as along Milwaukee Ave. If you look at the description for M district, yes it calls for manufacturing. But it also takes in warehousing and distribution and other non-manufacturing uses.
Commissioner Dubiel asked once this is rezoned M and if this building were to fail, what restrictions would be in place to stop this from going to any use permitted in the M district.
Mr. Sylvester said the zoning would allow for anything pertaining to the M district.
Mr. Ostman clarified height restrictions for R-3 district - 32 ft. for residential, 50 ft. for others which could be under a PUD, a school, religious use. So there are a few things that could go on that property up to 50 ft.
Chairman Kanelos added R-4 is 3 stories or 40 ft. per the Village Attorney. Can you define business incubator?
Commissioner Karabatsos asked if a storage facility was approved on Natchez not too long ago.
Mr. Sylvester said the developer pulled the project and the property was sold another entity. It was already zoned M.
Chairman Kanelos asked why Community Development is recommending this project so robustly.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Mr. Ostman said the appearance of the building itself, since it looks like a condominium building. But it offers a lot less impact. This property would now revert to the original M zoning. Ten or fifteen years ago he recommended re-zoning to R-2 in hopes of getting a residential developer to do something with the property. It came before the zoning board and was changed to R-2 at that time. Now the petitioner would like to rezone it back to M in order to fulfill this project.
Chairman Kanelos said he’d like to move forward to get information from the petitioners but each item needs to be discussed individually.
There was discussion regarding the zoning of the proposed parking lot. Mr. Ostman went to get the zoning code book to clarify this.
Village Attorney Danielle Grcic said this Board can only do the map amendment that is on the agenda tonight. Nothing can be changed unless it is rejected and restarted with another request. That means an additional appearance before the Zoning Board.
Mr. Sylvester said in answer to the earlier question, in the C-3 district a stand-alone parking lot would be allowed with a special use permit, as it is in the M district.
Chairman Kanelos called the petitioners to the podium.
The following petitioners came forward to be sworn in: Jim Adams, Adams French Property, LLC, 9000 Keystone Crossing, Indianapolis, IN John Green, Groundwork, Ltd., 351 W. Dundee Rd., Ste A, Buffalo Grove, IL 60089 William Woodward, KLOA Traffic Engineers, 9575 W. Higgins Rd., #400, Rosemont, IL 60018
Jim Adams said he and his partner have owned this property for many years. He gave some history on Ideal Laundry which was on the property originally. When his partner and partner’s family acquired the property in the early 80’s, no one knew about all the environmental problems that had come before. When they sold the company, this site was no longer needed and was shutdown. The new buyer did not want the property. The French group took that property through a closure process with Illinois EPA , demolished the building and put $300,000 into the ridding the property of all chemical solvents in order to get it in shape to be developed. There have been more than 4 contracts on the property within a 10 year period. They have not been able to be completed. Their core business is self-storage. He’s been in the
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______business 17 years. His partner, 15 years. In their facilities, there is a mix of residential and commercial usage. By industry average, 75% is residential usage; 25% commercial. This market is underserved. They see a demand for the product. They would possibly have a FedEx store at the corner of the building along with a small office for the storage business. The building is an $8 million investment and they want to make sure it is viable. Self-storage has a low impact in that there is not a lot of traffic. It’s lower than residential and commercial.
Chairman Kanelos asked if he could define business incubator.
Mr. Adams said they found with commercial users, when folks want to start a business, self-storage has become a place to facilitate that. Let’s say they are working out of their homes. They need a place for their inventory. Then as the businesses expand, they will locate to an office nearby so they can continue using the storage space and it is convenient to get to. The square footage of the retail area is 2,000 ft. The office for the storage business would be 600 sq. ft. for retail of boxes, tape, locks, etc. then for the rental space 1,400 to 1,500 sq. ft. depending on the layout. The two places would have 2 separate entrances – one for the storage office and one for a FedEx place. They have not had any discussions with FedEx or other potential tenants.
Commissioner Karabatsos asked how many of Mr. Adams’ current storage facilities have retail space.
Mr. Adams said he has 2 facilities under construction of this same multi- story type. They are working with tenants such as a construction office, a veterinarian. It’s market development. They are in partnership with another developer in their office that is a preferred developer for Walgreens. This certainly isn’t a Walgreens type space –but they have contacts with a lot of different retailers.
Commissioner Karabatsos asked how a retailer fits in with the M district.
Mr. Sylvester said they allow a small amount of accessory retailing in the M district.
Commissioner Dubiel said he thinks this is an interesting proposal.
Mr. Adams explained storage space per capita within 3 miles. In a 1 mile radius there are no facilities like this of any kind. In a 3 mile radius 75% of renters do not want to travel more than 15 minutes. The office hours are 9 a.m. until 6 p.m. Saturday office hours are 11 a.m. until 4 p.m. There are no Sunday office hours. Typical access hours are dependent. Some businesses
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______pay additional for 24 hour access. Residential users are not granted 24 hour access. For example, someone who delivers newspapers, they would pay additional to have access at 4 a.m. Typical access hours are 6 a.m. until 10 p.m. A facility of this size is going to have 50+ cameras; every entry is a key code entry. There is solid control of the building.
Commissioner Karabatsos asked who might be coming in during the night, let’s say a contractor.
Mr. Adams said this particular facility is all interior, climate controlled units. He doesn’t feel contractors would be storing things here and coming in during the night. This facility may not be the perfect fit for what a contractor needs to store. A manager would ask a potential tenant why they need to come in at 3:00 in the morning.
Chairman Kanelos said if this passes, there can be a condition put in place about the hours of access.
Commissioner Dubiel asked how long Mr. Adams owned the property.
Mr. Adams said his partner [the French family] has owned it since the early 80’s. He has been a partner for 8 years. There are several of their properties adjacent to residential. Regarding noise, a facility of this size would have 25 to 38 cars per day visiting. People will be moving things in and out but everything is enclosed in the facility. It is not a lot of noise.
Commissioner Dubiel asked if Mr. Adams knew the intent of previous contracts on this property.
Mr. Adams thought they were all residential. He thinks it is a busy road. He thinks it would be too tight for residential. Also feels the road needs a buffer.
John Green said they approached the Staff 6 months ago. The Staff has been exceedingly professional and helpful to them. Since the property was previously M zoned, his group chose to follow that path and return the site to M status. This Village is looking for a building with public benefit, consideration for use and demand. He explained all the details on how this site fit his plans. They were told to make it look good and let it blend. The site is 3 non-contiguous sites all under 1 ownership separated by 2 streets and an alley. They chose to put the building as close to Waukegan Road as possible to maximize the separation from the residential area. They tried to blend it to the residential area. He spoke about all the set-backs. He spoke extensively about lot sizes. There is a total of about 1.31 acres. .22 of those
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______acres is the third lot and it is a residential lot and they are not doing anything with that lot. Currently all of the land [1. 31 acres] has run-off to the residential area to the east. No control, no detention, no inhibitors. They chose to build a berm on that parcel so the water can be routed to the street into the storm sewer. They will put in a swale which will control an acre of the water running over land. It will now be channeled off site. He went on to explain the total detention area and how the rain water will be gradually let into the sewer system on Waukegan instead of Jarvis.
Chairman Kanelos had questions regarding the swale.
Mr. Green answered all of them. He spoke of the alley that needs work. They are not accessing it but they are replacing it – taking out the existing asphalt. It will be a concrete alley pitched in a V shape so the water can run. He then spoke of zoning amendment in detail and went over the findings of fact. They are providing a lot of landscaping for the proposed buffer.
Chairman Kanelos asked the public to speak relative to the zoning portion. If it is a question regarding special use or variances, he will ask you to sit down and he’ll call you back at that time during the presentation.
David Friese, 7450 N. Waukegan Rd., Niles, IL was sworn in. He’s one of 36 owners in the condo building across the street from this site. He spoke of the height. The request started out incubator self-storage facility. Now it’s also retail and 24 hour facility. He is pleased but concerned about the height being 50 ft. on Waukegan but the back could be 56 ft. or more since the streets slope down east of Waukegan. Also concerned about hours. Questioned the proposed residential being 3 stories in height; the proposed storage is 4 stories in height.
Chairman Kanelos answered the petitioner is asking for re-zoning. So it is the zoning classification that allows the height.
Mr. Friese asked if the parking lot would turn into vehicle storage.
Chairman Kanelos said outdoor storage is not an option.
John Warneke, 7020 W. Jarvis, Niles, IL came to the podium to be sworn in. He is adjacent to the property in question. He has small children. He’s concerned about the retention pond and have it filled with water. Will there be fencing around it? Another concern is parking and traffic. He’s done some research and finds property values go down and residential crime goes up when near a storage facility.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chairman Kanelos said there won’t be standing water there all the time. It is a detention, not retention, pond.
Mr. Warneke said having this traffic come in off Jarvis is going to be a problem. No one on this street has had water problems other than seepage. He did not receive notification. The notice he got was addressed to the previous owner. He’s had 20 permits in the last 5 years to renovate his home and each time he had to send out certified notifications to neighbors and brings the receipts to the Building Department as proof.
Chairman Kanelos asked Staff if notices are sent registered.
Mr. Sylvester said no. The Village relies on the most current data available and it comes from Cook County when they send notifications. But they also put a notification sign on the property because they know all the notices won’t necessarily get to the correct parties.
Chairman Kanelos said he wants this put on the August 14th meeting agenda. He doesn’t see why we can’t send all notifications certified.
Mr. Green said the detention area is designed to be a dry pond. After a rainfall, it would be empty in 24 to 36 hours. There will be fencing around it and also an existing retaining wall that will be repaired.
Commissioner Dubiel asked about a bumper guard in the parking lot.
Mr. Green said the bumper guard is on the east side of the parking lot. 6 parking spaces face the detention area so the bumper guard will be there. The area will have continuous solid landscaping and a 3 ft. ornamental rail.
Elizabeth Rolla, 7450 N. Waukegan Rd., Niles, IL came to the front and was sworn in. She said it’s a beautiful building but doesn’t belong there. It should have gone on Howard St. Morton Grove has the same type building [not that tall] on Oakton St. It shouldn’t be near residences. It’s too big.
Jeremy Foszcz, 6955 W. Niles, Terr., Niles, IL was sworn in next. He did not get a notification letter. He moved in about a year ago. Will the air conditioning units be on top of the building or the side? Many residents from the condo building park in the vacant parking area. This would force them to park on the street in front of the single family homes. There aren’t sidewalks all the way down the street and he’s concerned that traffic will come down Niles Terr. People walk their dogs in the street. Many residents would rather it be residential. He said there are 3 storage facilities within 1-1/2 miles of the property. He’d rather see it as a vacant lot.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chairman Kanelos said the air conditioning will be on the roof and properly screened. The condo residents do not have a right to park in that lot. It is someone else’s property. Can that be a right turn only out of the parking lot onto Waukegan Road?
Lester Gadek, 7450 N. Waukegan Rd., Niles, IL came to the podium and was sworn in. He’s also a broker. He had a meeting with Bruce and Paul Kolpak. He said there was always resistance to get it developed. What changed their mind today?
Mr. Ostman said he’d have to look back at his notes regarding this.
Chairman Kanelos asked if Mr. Gadek considered appealing for a variation.
Mr. Gadek said no, Paul told him - no way can you win. So he walked away.
Don Shaw, 7049 W. Birchwood, Niles, IL came forward and was sworn in. His street dead-ends into Waukegan Road directly across from the proposed self-storage site. This building is more beautiful that he thought it would be and agrees there is a need for it. He doesn’t feel it belongs in this residential neighborhood. He retired to Niles 9 years ago. He went on to talk about the area and hopes this does not go through. There are plenty of places east of Waukegan on Howard Street that are for sale or for rent. He feels this would be a better location.
Louise Sudi, 7055 W. Birchwood, Niles, IL was next to be sworn in at the podium. Birchwood begins and ends between Waukegan and Milwaukee. Auto Zone at Milwaukee and Birchwood has semi-tractor trailer trucks delivering and the semis go in and out of their street to make those deliveries. A big bus recently came down her street to turn onto Waukegan and all the glasses in her china cabinet rattled. What will happen when people are moving their things in and out of this storage facility? There are children on her block riding bikes in the street. This short cut between Milwaukee and Waukegan gets busy. What will this building do to their property taxes?
Chairman Kanelos said more retail helps keep property taxes down. The same houses in Park Ridge or Morton Grove pay a lot more tax than Niles, and that is because of all the retail in the Village. The traffic engineer will address that issue next.
William Woodward, KLOA Traffic Engineer, said they looked at this from a traffic and parking perspective and what is proposed on funneling traffic is low impact on the surrounding neighborhood. There is minimal amount of
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______traffic going through these types of developments. According to studies on self-storage traffic, there are less than 10 cars going in and out during peak hours of the morning and afternoon on a typical weekday. It is a one way circulation so cars will be coming in and going out in order. They could place additional signage such as ‘local traffic only’ on Jarvis. The same thing can be done on Niles Terr. Exiting can have a sign at Niles Terr. ‘right turn only’. They can also physically restrict the outbound drive aisle so there is no choice but to turn right. Majority of traffic will be coming off Waukegan Road to access the facility. Size of storage units would average 85 sq. ft. so you are looking at smaller rental U-Haul type trucks coming in and out. Not the size of a Jewel truck. He compared this to a bank with safety deposit boxes. There could be a couple hundred boxes but you don’t see a lot people going in and out at one time. Studies from Self-Storage Assn. show tenants visit their storage unit once or less than once a month.
Commissioner Dubiel asked if there is a truck weight limit on Jarvis.
Mr. Ostman said he is unaware of that. He is not familiar with signage that can be placed on a side road.
Walter Sudi, 7055 W. Birchwood, Niles, IL came to the podium and was sworn in. He’s questioning the sign about right turn only on Jarvis. On Touhy at Aldi/Costco Gas entrance, there is a sign ‘no left turn’ yet people are lined up there to turn left. So what good will ‘right turn only’ do for Jarvis? Then they will cut over on Birchwood to get to Milwaukee Ave. or go to the dangerous intersection of Howard and Waukegan. Why are they taking up the entire property with the building? There is no room for yard or trees.
Chairman Kanelos explained again why people exiting the facility have to turn either left or right on Waukegan, depending on where they are going. They want to get as many units as possible in the building so they are going to use the entire piece of property. There is green space on the north and south of the building. There is not a lot of green space on the west or east sides of the building.
David Friese spoke again. His experience with the Commission in the past has always been positive. He’s not sure what happened in the past with Mr. Gadek , but Chuck and Bruce have always been cooperative and actually came to their condo building with Commissioner Dubiel to explain the zoning changes.
Christine Buth, 6949 W. Jarvis, Niles, IL was at the podium to be sworn in. She has lived there for 40 years. On Jarvis there are very few sidewalks on either side of the street. Everyone walks in the street. At rush hour people
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______cut down their side street to avoid the backup at Howard & Waukegan in order to get to Howard. There is a lot of traffic on Waukegan. There are a lot of children and dogs on Jarvis. Her mother, who lives with her, uses a walker and walks in the street. She is concerned about this facility coming into the neighborhood.
Mr. Green said this project proposes to install sidewalks along Niles Terr. and Jarvis where they currently do not exist. They will be removing and replacing the sidewalks along Waukegan Rd. as well with handicap accessibility at Jarvis and Niles Terr. This will take place along the property lines of the parcel.
Mr. Woodward said they did not do a formal traffic study along Waukegan Road or at the intersections as part of their study. Regardless of what is developed here, it will generate traffic. Posted on the overhead is the report of anticipated traffic with a storage facility and another if it were an apartment building. He explained the flow of traffic with these two types of developments.
Mr. Adams uses data from the Self-Storage Association.
Commissioner Karabatsos questioned where the association gets their spread. What’s the spread on retail association.
Mr. Adams said he would look into it. There might be a facility that has 100 units or possibly 1,000 units.
Commissioner Dubiel asked about the traffic of facilities he already owns.
Mr. Adams said they owned 6 and recently sold 6 and they don’t track traffic.
Jeremy Foszcz spoke again. This was regarding cars parked on the street [on Waukegan]. It is always difficult to see if you are coming out of Niles Terr. onto Waukegan. Plus now there will be a building there.
There is discussion about whether or not Waukegan Road is a state road.
Commissioner Schulter said he has been in Niles 50 years. There was always a building there [Ideal Uniform]. Now there would be another building there. People have been pulling out of those side streets for years. The Board will look into a ‘no parking from here to corner’ sign.
Mr. Ostman verified Waukegan Road is a state route.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______George Dabek, 7004 W. Jarvis, Niles, IL was sworn in. He has lived there 18 years. It is a nice building but this is a residential area. You changed it from manufacturing to residential. Now you want to change it back. There are few solid answers. All the people that live in the area should be here tonight. He received the notice. But his neighbor didn’t receive one. The entire community behind this building should be able to vote on it. This does not belong in their neighborhood.
Chairman Kanelos said he understands but you can’t impose on someone else’s property what you don’t like. They have to go through a set of criteria and if they meet those criteria, it comes before this Board. This Board goes through the same thing if someone wants to put an addition on their house. There has to be more than someone’s opinion and emotion. And it is difficult when you have the interface of commercial and residential.
Commissioner Dubiel said this Board is a recommending body to the Board of Trustees for the zoning map amendment. This is all tied together even though this Board has the final say on the variations. The public comment is at the beginning of the meeting.
Lawrence Piekos, 7014 Niles Terr., Niles, IL came forward to be sworn in. He’s lived there for 30 years and his home is adjacent to the alley. The back of the building is not going to be 4 stories; it will be 4-1/2 because of the slope of the lot. The traffic in the alley will increase.
Mr. Green said the first floor is actually set below the grade level of Waukegan. The front will be a little less than 4 stories. The back will be 4 stories. The 50 ft. height is from the back. It is set into the ground because of the slope.
Tim Bozedel, 7015 Niles Terr., Niles, IL came to the podium and was sworn in. Is there any security in the alley?
Mr. Adams said there is no key code to get into the driveway. The entrance to the building is key coded. The back of the building has outside surveillance. The cameras are running at all times and are on a 30 day loop. The loading and unloading area is key code access only. The typical use of their facility does not have 24 hour access. But if someone has a specific need, that would be a reasonable use of the facility. A percentage of their customers may require access outside of normal business hours. At other locations, they have had restrictions on deliveries, snow plowing, trash removal.
Chairman Kanelos said if Niles says they don’t have 24 hour access for
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______anyone…… [he wasinterupted.]
Mr. Adams said they no longer operate the storage places themselves. They now use Extra Space, the number one in operational prowess. During the check in process, you have a valid driver’s license; a credit card on file; insurance on the unit; a photo on the signed lease. They don’t allow controlled substances or chemical items in their storage units.
Mr. Bozedel still thinks this answer is vague. But the old Ideal Uniform building was a mess and an eyesore. Residents were happy when it was rezoned to residential. But now going back to M…… not good.
Mr. Adams said about 10% of renters at their other facilities would request and qualify for 24 hour access.
Lester Gadek came to the podium and spoke again. He says the property values will go down once the warehouse is built. None of you [on the Board] would want to live by this new building.
Jeremy Foszcz had another question for Mr. Adams. Why did you close and/or sell the other storage facilities you owned?
Mr. Adams said the word closed means closed in the real estate sense. They had 6 facilities that were older. They sold and started newer ones. They want to be good neighbors. The retail center will not be a 24 hour center. It is their intent to be the buffer between Waukegan Road and the neighborhood.
Commissioner Nakanishi asked if the architect and owner would consider making the east elevation more like the 3 other elevations. The people in the residential area are going to have to look at this and it would be more pleasing if it looked like the west, north or south sides of the building.
Chairman Kanelos asked what the lighting is like in the back.
Mr. Green said they are working on the plans to make it look the same on all 4 sides. They are not putting windows on the back because they don’t want interior light shining on the east. Lighting on the building will be mounted low – directional light only. The highest lighting on the back is under the canopy at 12 ft. The other lighting is below that at about 8 or 9 ft.
Commissioner Nakanishi asked if the east elevation could look exactly like the west side except put in false windows.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Mr. Green said they will try to add some and already made some changes. The neighbors will be looking at landscaping but the 6 ft. fence will be beyond that view. The arborvitae and other foliage will eventually fill in and neighbors won’t see the fence at all. The east elevation will look like the north elevation – not as many windows as the west side.
Jeffrey Evens, attorney, 6767 N. Milwaukee Ave., Niles, IL 60714 came to the podium to speak. He represents the petitioners. He thanked everyone for coming in. This looks like an outstanding, potential development for this property. It has been vacant for 10-15 years. Before that it was a blight on the neighborhood. Waukegan Road has always been a commercial area. He made his case for developing the area pointing out there are a lot of vacancies along the way. This will be an improvement. They can’t make it residential because there isn’t enough room for what developers want to build. This will be a good buffer between all the commercial [on the west side of Waukegan] and residential to the east. He went on to explain all the pluses. He feels it will benefit the neighborhood; it’s a beautiful building that will provide services to people in the area.
Chairman Kanelos said if there are no other comments, the Board has to come to some type of resolution. First they will vote on the re-zoning [yes or no], then on the 2 special uses, finally on the 9 requested variances. This Board will be the final answer on the 9 requested variances. But it’s irrelevant if the first 2 items [zoning and special uses] that have to go to the Board of Trustees don’t pass at that meeting. If they don’t pass at that meeting, then neither will the 9 variances. This is a process they have to go through. He entertained a motion. However there was added comment at this time.
Commissioner Dubiel said they can’t put any conditions on the map amendment but they can put conditions on the special uses and variances. Can they be discussed before voting?
Chairman Kanelos said yes, let’s discuss them now. If it were up to him and he was making a motion to approve, he would add a condition on the hours of operation to not allow 24 hour access; have a right only out of the southern exit onto Niles Terr. and engineering should design the exit as such; they must have 1,600 sq. ft. of isolated retail [not just their office with tape and cardboard boxes for sale]; and the east elevation must match the north elevation with regard to percentage of masonry vs. siding and windows/faux windows. Those are 4 conditions he would put into place.
Commissioner Dubiel said if this is approved, they want it to succeed. No testimony indicated there would be excessive noise or problems if there were
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______24 hour access. And what about the defined retail space?
Chairman Kanelos said that at 3 or 4 in the morning, it doesn’t take much noise to cause a problem. He wants to make sure there is some retail on Waukegan, not just the owner’s office. There should be some benefit to the citizens of Niles.
Mr. Adams is in agreement with the condition of 1,600 sq. ft. isolated retail. He really has to check on the 24 hour access condition. This will be an $8 to $9 million investment. Now they would not be competing with other facilities with their having limited hours. His concern is what is that impact going to be.
Chairman Kanelos said he understands that as a business person as well. One of the storage facilities in the area does not allow 24 hour access. If he lived there he would be concerned about people that can be loud and inconsiderate in the early morning hours. He has a concern about that noise and the 2 or 3 people who live adjacent to the property.
Mr. Evens asked if the lockers are 100% interior. [Yes, they are.] If someone is coming in to pick up tools, they have to go into the facility, right. [Correct.]
Chairman Kanelos gave an example of the back door of a panel van slamming or the radio turned up. So those would be 4 conditions he would put in place. Access to the building should be 6 a.m. until 10 p.m. as hours of operation.
Mr. Evens said perhaps there could be a percentage of those who would be allowed 24 hours access.
Mr. Ostman said the petitioner can come back to this Board if they want to change their hours of operation. It would be an amendment to a special use permit requiring notification.
Commissioner Dubiel moved that they approve 17-ZP-14 the Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M- Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road; that they have met with conditions discussed.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Commissioner Dubiel moved to approve 17-ZP-15 for a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road with the following conditions: 1) access is limited from 6 a.m. until 10 p.m. at the facility 2) the alley behind the building is right way only onto Niles Terr. 3) there be 1,600 sq. ft. isolated retail space 4) the east and north façades match with regard to percentages of masonry, windows and faux windows
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Commissioner Dubiel moved to approve 17-ZP-16 for a request of 9 variations** and that findings of fact have been met as required in zoning ordinance Appendix B Section 15.4(d) and Subsection (e).
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
** 1)Front yard set-back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3)
For items 17-ZP-14 and 17-ZP-15 Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary.
For item 17-ZP-16 this Board has the final say.
DISCUSSIONS – None
ADJOURNMENT
Chairman Kanelos made a motion to adjourn.
Commissioner Dubiel moved to adjourn.
Seconded by Commissioner Parala, on roll call the vote was:
AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala
NAYS: 0 There being seven (7) affirmative votes the motion carried.
The meeting adjourned at 11:20 p.m.
Kathleen Janessa, Recording Secretary
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______The following people wish to be notified of the next Board of Trustees meeting concerning items 17-ZP-14 and 15: David Friese, 7450 N. Waukegan Rd., 847.708.7001 Jeremy Foszcz, 6955 W. Niles, Terr., 815.790.0035 Lester Gadek, 7450 N. Waukegan Rd., 773.415.4113 Don Shaw, 7049 W. Birchwood, 847.679.5112 Christine Buth, 6949 W. Jarvis, 847.647.1260 George, Dabek, 7004 W. Jarvis, 773.450.7865 Lawrence Piekos, 7014 Niles Terr., 847.219.9521 There were others who spoke but did not leave their phone numbers.
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BOARD AGENDA ITEM EXPLANATION FORM
Ordinance Approving a Special Use Permit to Allow a Self-Storage Facility and Parking Lot Located at 7421, 7431, 7437 and 7443 Waukegan Road (17-ZP-15) Meeting Date 8/22/2017 Item Number 4
Requested Charles Ostman, Director of Community Action ORDINANCE by Development Requested
Prepared by Bruce Sylvester, Senior Planner Assigned to: Trustee McCreery
ATTACHMENTS: Type Description Ordinance Ordinance Backup Material Staff Report Backup Material Letter Minutes Minutes - July 10, 2017
MOTION I move for Board approval of an ordinance approving special use permit as required in Appendix B, Section 8.2(A) to allow a self-storage facility and parking lot - principal use located at 7421, 7431, 7437 and 7443 Waukegan Road, with the following conditions: 1) Access to storage units will only be allowed between 6 a.m. and 10 p.m.; 2) Vehicles exiting the driveway/rear-access shall only be allowed to turn right onto Niles Terrace. This will be accomplished through a poured curb forcing a right turn and a sign stating ‘Right-Turn-Only’; 3) The building must contain a space for retail use of at least 1,600 square feet, and this space shall not be used for the management office of the self-storage business 4) The façade of the east side of the building must be modified to match the appearance of the north façade with regards to brick and materials, windows, etc.
REASON FOR REQUEST / BACKGROUND The Planning and Zoning Board voted 6 to 1 to recommend approval at their public hearing on July 10, 2017.
Will this action involve an expenditure of funds? No
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance ORDINANCE 2017-
APPROVING A SPECIAL USE PERMIT AS REQUIRED IN APPENDIX B, SECTION 8.2(A) TO ALLOW A SELF-STORAGE FACILITY AND PARKING LOT – PRINCIPAL USE LOCATED AT 7421, 7431, 7437 AND 7443 WAUKEGAN RD., NILES, ILLINOIS
WHEREAS, the question of granting a special use permit to 7421, 7431, 7437 and 7443 Waukegan Rd., included in this ordinance, was referred to the Planning and Zoning Board for a public hearing;
WHEREAS, a public hearing was held on July 10, 2017, after proper notice in a manner provided by law;
WHEREAS, the Planning and Zoning Board has made an report, containing findings of fact and recommending the granting of the special use permit to allow a self- storage facility and parking lot located at 7421, 7431, 7437 and 7443 Waukegan Rd., Niles, IL 60714; and
WHEREAS, the corporate authorities of the Village of Niles, Cook County, Illinois have duly considered said Planning and Zoning Board recommendation.
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, as a Home Rule Municipality, as follows:
SECTION 1: The materials and exhibits attached to this ordinance are incorporated by reference and made a part of this ordinance.
SECTION 2: A special use permit as required in Appendix B, Section 8.2(A) to allow self-storage facility located at 7421 Waukegan Rd., Niles, IL 60714, with the following conditions: 1) Access to storage units will only be allowed between 6 a.m. and Ordinance 2017-
10 p.m.; 2) Vehicles exiting the driveway/rear-access shall only be allowed to turn right onto Niles Terrace. This will be accomplished through a poured curb forcing a right turn and a sign stating ‘Right-Turn-Only’;3) The building must contain a space for retail use of at least 1,600 square feet, and this space shall not be used for the management office of the self-storage business; 4) The façade of the east side of the building must be modified to match the appearance of the north façade with regards to brick and materials, windows, etc., is approved.
SECTION 3: A special use permit as required in Appendix B, Section 8.2(A) to allow parking lot – principal use located at 7431, 7437 and 7443 Waukegan Rd., Niles, IL 60714, is approved.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.
PASSED: This 22nd day of August, 2017 AYES: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
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VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com
Approved Meeting Minutes
Monday, July 10, 2017
7:00 PM
Village Hall
Planning and Zoning Board
Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel Ted Karabatsos Barbara Nakanishi Thomas Parala Robert Schulter Angelo Troiani, Emeritus Staff Liaison Bruce Sylvester
Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______CALL TO ORDER/ROLL CALL
The Niles Planning and Zoning Board was called to order at 7:09 P.M. All rose for the Pledge of Allegiance.
PRESENT: 6 Chairman Thomas Kanelos, Commissioners Susan DeBartolo, Robert Schulter, Barbara Nakanishi, Thomas Parala, Morgan Dubiel
Also present was Director of Community Development Charles Ostman, Senior Planner Bruce Sylvester and Village Attorney Danielle Grcic.
Commissioner Ted Karabatsos and Commissioner Emeritus Angelo Troiani were absent.
APPROVAL OF MINUTES
Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of June 5, 2017. There were none.
Commissioner Dubiel moved to approve the minutes of June 5, 2017.
Seconded by Commissioner Parala, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Chairman Kanelos wished Ginger Troiani well and hopes for a speedy recovery from everyone on this Board. Also, since three of tonight’s cases will take a good deal of time, he adjusted the agenda and put 17-ZP-14, 17-ZP-15 and 17-ZP-16 as the last items in tonight’s meeting.
OLD BUSINESS – None
NEW BUSINESS
17-ZP-12 Requesting approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______17-ZP-13 Requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set-back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue.
17-ZP-14 Requesting approval of a Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M-Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road.
17-ZP-15 Requesting approval of a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road, both per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed new self-storage and business incubator development at 7421 Waukegan Road and associated parking at 7431, 7437 and 7443 Waukegan Road.
17-ZP-16 Requesting approval of variations for 1)Front yard set- back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3) – all for a proposed self-storage and business incubator facility at 7421 Waukegan and the associated parking lot which will be the principle use of the properties at 7431, 7437 and 7443 Waukegan Road.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______17-ZP-17 Requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street.
DISCUSSIONS
ADJOURNMENT
Chairman Kanelos called for the first item on tonight's agenda.
17-ZP-12 Requesting approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave.
Bruce Sylvester presented the case. This will be for a new building and drive-through for a Panda Express restaurant in the parking lot of the Millbrook Shopping Center at 9347 Milwaukee Ave. Any business that has a drive-through has to obtain a special use permit. As part of this proposal, a portion of an existing part of the Millbrook Center will be demolished. It is the portion of the center closest to Milwaukee Ave. It is currently a vacant space that was once occupied by a dry cleaning business. This is shown on the overhead aerial photo, and there is also a copy of the photo in tonight’s packet. For any new construction projects, developers must submit a complete landscape plan. All landscape projects must be approved upfront. Once that is done, Staff proceeds with architecture viewing, parking, etc. He then explained the site plan shown on the overhead. He showed what will remain of the Millbrook Center and the footprint of the Panda Express restaurant. There is sufficient parking on the site for Panda Express and the existing businesses. Public notification was placed in the newspaper and mailed notices to all property owners in the vicinity. The action tonight would be a recommendation that would go to the Village Board.
Chairman Kanelos asked about the artistic rendering showing outdoor seating. He thinks it is a very narrow sidewalk.
Mr. Sylvester said to ask the architect about the sidewalk.
Commissioner Dubiel asked about parking calculations.
Mr. Sylvester said the kitchen area is not included in parking calculations.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______As a general policy, outdoor seating is not included in parking calculations.
Commissioner Schulter asked about the utility posts shown in the photo on the overhead. It is, in fact, a photo – not a rendering.
There were no more questions from the Commissioners for Staff.
Chairman Kanelos called the petitioner to the podium to be sworn in.
Henry Clover, Architect, 1955 Lowell, Overland Park, KS., was sworn in. He has worked with Panda and CFT in the past on other projects. With him tonight is Randall Drueck, Engineer, Manhardt Consulting Ltd., 900 Woodlands Pkwy, Vernon Hills, IL 60061 and current owner of the property. They are here tonight petitioning for a special use for a drive-through facility for Panda Express. Staff has been exceptionally helpful. He said the sidewalk will be in alignment with the rest of the sidewalks in the area. The outdoor dining area is typical for Panda, approximately 7 ft. wide. There is still 8 ft. of green and fencing to protect it from the driveway as well. There is room to landscape along the chain-link fence on the north side of the property, adjacent to car storage for Golf-Mil Ford. They will build in trash enclosures. The center will be rehabbed as well. Panda is a high class organization. He explained the design of the building. From a safety factor, they are removing one of the drive-through lanes, as there were two shown. They are closing off the one to the left of the one that is remaining. It is shown on the plan. Circulation around the building will come back around to the front of the building.
Chairman Kanelos asked about the outdoor seating area. From the building to the decorative railing, how far is that?
Mr. Clover said 7 ft. clear. There is also an additional 8 ft. past that. The rendering is prototype but changes have been made to accommodate safe space.
Commissioner Schulter asked if patrons going to the drive-through window find out their order is not ready, is there a place to pull up and wait outside of the line?
Mr. Clover said yes.
Chairman Kanelos asked if there were more questions. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve item 17-ZP-12 requesting
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______approval of a ‘drive-through facility’ special use permit per Village Ordinance Appendix B, Section 8.2(A) to allow a new restaurant with a drive-through facility to be constructed and operated at 9347 Milwaukee Ave. The special use is consistent with the zoning ordinance of the adoptive Comprehensive Plan; it will not endanger the public health, safety and welfare; the proposed special use is compatible with the general land use of adjacent properties; and the proposed special use is necessary for the public convenience at this proposed location.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary.
Chairman Kanelos called for the next item.
17-ZP-13 Requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set-back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue.
Mr. Sylvester said this is a request for a variation for an expansion of an existing carport. This is not the first case like this one. There are others dating back to 2010. All had narrow driveways. He showed a picture of the carport on the overhead screen. What makes this more challenging to maneuver a car through the carport to the detached garage at the rear of the property is the fact there are stairs on the side of the house that lead into the house. There are materials in the packet from the petitioner’s architect outlining how he plans to widen this carport. All notifications have been met – in the newspaper and mailed to homeowners in the vicinity.
Commissioner Dubiel asked what harm Staff sees if they were to approve
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______this particular petition.
Mr. Ostman said he didn’t see any harm in it – these particular types of variations granted for carports have been approved in the past.
Commissioner Dubiel proposed that at the August 14, 2017 meeting, the Board revisits the code to allow these in general and save the public some time and cost in coming to this Board for approval.
Chairman Kanelos said that could be taken into consideration. He asked what the fee is for filing for this. However he doesn’t think every case is the same.
Mr. Sylvester said for a residential variation like this one the fee is $75.00. The process takes about 2 months to get the notification into the newspaper and notify all the neighbors.
There were no other questions for Staff.
Chairman Kanelos called on the petitioner to be sworn in.
Robert Adams, 8728 Oleander, Niles, IL came to the podium and was sworn in. He had nothing else to add. He’s lived there 51 years.
Chairman Kanelos asked if there were any questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He entertained a motion.
Commissioner Dubiel moved to approve 17-ZP-13 requesting approval of a variation from Niles Zoning Ordinance Section 9.3(C)(2) for side yard set- back requirements for a proposed expansion of an existing carport at 8728 Oleander Avenue. The findings of fact have been met. The strict application determines this ordinance would result in undue hardship, [inaudible]. The variation will not alter the essential character of the locality; the plight of the owner …..[inaudible]
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0
ABSENT: 1 Karabatsos There being six (6) affirmative votes the motion carried.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chariman Kanelos called for the next item on the agenda.
17-ZP-17 Requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street.
Mr. Sylvester said this request is from Rich Foods to build an expansion to the current building to accommodate some additional storage area at their plant in Niles at the northeast corner of Mulford and Merrimac. The site currently has some parking for visitors. They also have parking to the north of that area which is sufficient. They need 2 variations: one for set-backs and one for exterior building materials. The 2 set-backs will be from the front yard along Mulford where 25 ft. is required but they would like a 4 ft. 10-1/2 in. variation so they can be closer to the street. The corner side yard is similar. They require a 25 ft. set-back and they are requesting a 20 ft. 7 in. variation so the building can be closer to the side street. The third requirement is for building materials. The zoning ordinance states some materials are prohibited, including aluminum, steel and other metal sidings. However, the existing building does have metal siding and the applicant and Staff agreed the most attractive building addition would match the existing building. Included in the packet is the site plan. An aerial photo is shown on the overhead.
Chairman Kanelos said it looks like the adjacent existing building is set back the same amount.
Mr. Sylvester said the addition would be in line with the existing building.
Chairman Kanelos then said therefore it is already existing non-conforming.
Mr. Sylvester said yes. The zoning ordinance says you can expand an existing non-conforming wall unless the non-conformity is more than 20%. So this is more than 20% of the required 25 ft. hence the need to come before this Board. All the required notifications have been met.
Commissioner Nakanishi read part of the petitioner’s request concerning building materials. This request for building materials is also part of the food manufacturing process, not just appearance. It helps with the proper functioning of the building.
Commissioner Ted Karabatsos arrived and joined the panel of Commissioners at 7:45 p.m.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Commissioner Dubiel had questions about the set-backs.
Mr. Sylvester said the idea is to have some amount of yard [green space/open space] in the manufacturing district.
There were no more questions for Staff.
Chairman Kanelos then called the petitioner forward.
Brit Haslow, Engineer for Rich Products, 6200 Mulford St., Niles, IL, came forward and was sworn in. He’s here to propose freezer expansion. This will be used to increase more production at the Rich Products facility. The freezer temp inside is 25 degrees so there are materials that work and materials that don’t. The company attorney looked back in records regarding set-backs all the way to 1962. The easements were granted to a realtor who developed the entire area. They now have the release from Commonwealth Edison and are trying to track down other things pertaining to the easement. Rich Products bought the building in 1994; before that it was Nutra Sweet; before that it was a sausage factory. He doesn’t know what it was before that. They made a warehouse expansion in 1994 that had these same requirements.
Commissioner Schulter said the Village Engineer had a concern about an easement on the property in the 1960’s. Was that actual easement vacated?
Mr. Haslow said they did a JULIE on the area they will be building. Commonwealth Edison granted permission to vacate so Rich Products will be able to do this project.
Commissioner Schulter asked if they also obtained permission from Nicor, Comcast, AT&T?
Mr. Haslow said that’s where he mentioned the original easement was granted to a realtor in 1962. They are trying to find the realtor now and pay attorney fees to get it released in total.
Commissioner Schulter asked if the attorney will contact the other utility companies to get the permission to vacate that easement.
Mr. Haslow said yes, they are working on that. They do know the Commonwealth Edison poles are on the side of the building.
Chairman Kanelos asked if there were any more questions for the petitioner from either the Commissioners or the public. There were none. He entertained a motion.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Commissioner Dubiel moved to approve 17-ZP-17 requesting approval of variations from Niles Zoning Ordinance Sections 6.3(A) and 6.3(B)(3) for front and side yard set-back requirements and allowable exterior building materials for a proposed building addition/expansion at 6200 Mulford Street. The evidence of findings of fact have been met. [Inaudible] Granting of this application will not alter the essential character locale; the plight of the owner is due to unique circumstances …subject property.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried.
Chairman Kanelos called for the final three related items on tonight’s agenda.
17-ZP-14 Requesting approval of a Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M-Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road.
Mr. Sylvester stated this proposal is for a self-storage building on the properties formerly occupied by Ideal Uniform Co. and a small parking lot to the north of the facility. This proposal requires three zoning approvals. The applicant, architect and other interested parties are in attendance. The site is between Niles Terrace and Jarvis on the east side of Waukegan. An aerial photo of the site is on the overhead screen. The larger parcel is the site of the proposed building. The smaller 3 parcels to the north would be for the proposed parking lot. There is also a parcel for a small storm water detention facility. All this property is for tonight’s request. The owner of these pieces of land also owns a small single family lot east of the alley. There are no plans to do anything with this lot but it is not included with the proposal tonight. All the information shown on the overhead is included in the packet. The first of the 3 zoning approvals required is a zoning map amendment. The properties are currently zoned R-3 residential. In Niles self-storage facilities require M-manufacturing. In the M district, self-storage facilities require a special use permit. That would be the next step [17-ZP-15]. Also, stand-alone parking lots require a special use permit. So this would require 2 special use permits. One for the larger piece of land and the other for the
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______parking lot. Third and finally, variations are required for the specific building being proposed and specific configuration of the parking lot to meet the needs of the applicant. Those requirements are listed in the Staff report [17-ZP-16].
This is set up as three separate items and Staff feels they should be voted on separately: 1. Zoning map amendment; 2. The special use permits; 3. The variations. All required notifications were provided. Legal notice in the newspaper and mail notices along with notification on the property. Also included in the packet are all the various approval standards provided regarding a map amendment.
17-ZP-15 Requesting approval of a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road, both per Village Ordinance Appendix B, Section 8.2(A) to allow a proposed new self-storage and business incubator development at 7421 Waukegan Road and associated parking at 7431, 7437 and 7443 Waukegan Road.
17-ZP-16 Requesting approval of variations for 1)Front yard set- back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3) – all for a proposed self-storage and business incubator facility at 7421 Waukegan and the associated parking lot which will be the principle use of the properties at 7431, 7437 and 7443 Waukegan Road.
Mr. Sylvester described again the site and site plan. The applicant has also designated an area at the corner of the building for a small office and/or a
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______small retail center, perhaps a FedEx office. He thinks it is an attractive building; the proposed height is 50 ft. In the M district, that is the maximum height allowed. It would be 4 stories tall.
Chairman Kanelos asked the highest height allowed in R-3 districts.
Mr. Sylvester said he believes it is 32 ft. He will check on that. It did not change with the new zoning code.
Commissioner Karabatsos asked if it is 32 ft. for this district.
Mr. Sylvester said it is 32 ft. for R-3 district. The proposal is to rezone for M district; then the max would be 50 ft.
Commissioner Dubiel thinks the building is very attractive compared to what is there now with an empty lot. He asked Mr. Sylvester to walk through the zoning map amending process because he feels that is the key to this case. He mentioned items A through K listed in the Commissioners’ packet.
Mr. Sylvester said the Comprehensive Plan show this as residential but it’s not far from the C-3 district which is a mixed use district along Milwaukee Ave. Across the street [Waukegan Rd.] is a taller residential building, commercial buildings and a swim school. To the east of the proposed storage facility is R-2; to the west C-3. R-2 is single family only. He believes there aren’t any impacts on health, safety and welfare of the residents. The Village Engineer does not see any negative traffic impacts related to the subject property. Police had no concerns on this proposal. He feels the applicant should address these issues. There have been other proposals for this property but they didn’t come to fruition. Residential density was a problem for the residential development inquiries.
Mr. Ostman said this property has been vacant for many years. It was originally zoned manufacturing. It was rezoned to R-3 approximately 10-15 years ago. The intent was to try to get residential on that lot. The Village was not successful in doing so.
Mr. Sylvester said they talk to developers all the time – maybe 20 for every 1 that makes it to this Board.
Chairman Kanelos asked if developers are told they have a right to seek a variation for number of units requested – because of density.
Mr. Sylvester said they tell people what the rules are and what they need to do to meet the rules. If they don’t, we explain the option of a variation.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______There was much discussion about the possible density issues of this property with other developers. There was additional talk of non-conformities. Just re-zoning a piece of vacant manufacturing land will not create non- conformities.
Mr. Sylvester said there is not a lot of recent development in that area. Aldi across the street was recently converted to a swim school. The only reason the applicant is requesting M zoning is because that is the only district the Village of Niles allows self-storage buildings.
Chairman Kanelos asked if would have been better to make a text amendment to C-3 to allow storage buildings ….because façade requirements are very strict in C-3; it would be guaranteed it would look good.
Mr. Sylvester said among Staff they were certain discussions of ways to get this by. A text amendment was one option. If we were open to C-3, perhaps these storage buildings would be popping up where we didn’t think appropriate – such as along Milwaukee Ave. If you look at the description for M district, yes it calls for manufacturing. But it also takes in warehousing and distribution and other non-manufacturing uses.
Commissioner Dubiel asked once this is rezoned M and if this building were to fail, what restrictions would be in place to stop this from going to any use permitted in the M district.
Mr. Sylvester said the zoning would allow for anything pertaining to the M district.
Mr. Ostman clarified height restrictions for R-3 district - 32 ft. for residential, 50 ft. for others which could be under a PUD, a school, religious use. So there are a few things that could go on that property up to 50 ft.
Chairman Kanelos added R-4 is 3 stories or 40 ft. per the Village Attorney. Can you define business incubator?
Commissioner Karabatsos asked if a storage facility was approved on Natchez not too long ago.
Mr. Sylvester said the developer pulled the project and the property was sold another entity. It was already zoned M.
Chairman Kanelos asked why Community Development is recommending this project so robustly.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Mr. Ostman said the appearance of the building itself, since it looks like a condominium building. But it offers a lot less impact. This property would now revert to the original M zoning. Ten or fifteen years ago he recommended re-zoning to R-2 in hopes of getting a residential developer to do something with the property. It came before the zoning board and was changed to R-2 at that time. Now the petitioner would like to rezone it back to M in order to fulfill this project.
Chairman Kanelos said he’d like to move forward to get information from the petitioners but each item needs to be discussed individually.
There was discussion regarding the zoning of the proposed parking lot. Mr. Ostman went to get the zoning code book to clarify this.
Village Attorney Danielle Grcic said this Board can only do the map amendment that is on the agenda tonight. Nothing can be changed unless it is rejected and restarted with another request. That means an additional appearance before the Zoning Board.
Mr. Sylvester said in answer to the earlier question, in the C-3 district a stand-alone parking lot would be allowed with a special use permit, as it is in the M district.
Chairman Kanelos called the petitioners to the podium.
The following petitioners came forward to be sworn in: Jim Adams, Adams French Property, LLC, 9000 Keystone Crossing, Indianapolis, IN John Green, Groundwork, Ltd., 351 W. Dundee Rd., Ste A, Buffalo Grove, IL 60089 William Woodward, KLOA Traffic Engineers, 9575 W. Higgins Rd., #400, Rosemont, IL 60018
Jim Adams said he and his partner have owned this property for many years. He gave some history on Ideal Laundry which was on the property originally. When his partner and partner’s family acquired the property in the early 80’s, no one knew about all the environmental problems that had come before. When they sold the company, this site was no longer needed and was shutdown. The new buyer did not want the property. The French group took that property through a closure process with Illinois EPA , demolished the building and put $300,000 into the ridding the property of all chemical solvents in order to get it in shape to be developed. There have been more than 4 contracts on the property within a 10 year period. They have not been able to be completed. Their core business is self-storage. He’s been in the
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______business 17 years. His partner, 15 years. In their facilities, there is a mix of residential and commercial usage. By industry average, 75% is residential usage; 25% commercial. This market is underserved. They see a demand for the product. They would possibly have a FedEx store at the corner of the building along with a small office for the storage business. The building is an $8 million investment and they want to make sure it is viable. Self-storage has a low impact in that there is not a lot of traffic. It’s lower than residential and commercial.
Chairman Kanelos asked if he could define business incubator.
Mr. Adams said they found with commercial users, when folks want to start a business, self-storage has become a place to facilitate that. Let’s say they are working out of their homes. They need a place for their inventory. Then as the businesses expand, they will locate to an office nearby so they can continue using the storage space and it is convenient to get to. The square footage of the retail area is 2,000 ft. The office for the storage business would be 600 sq. ft. for retail of boxes, tape, locks, etc. then for the rental space 1,400 to 1,500 sq. ft. depending on the layout. The two places would have 2 separate entrances – one for the storage office and one for a FedEx place. They have not had any discussions with FedEx or other potential tenants.
Commissioner Karabatsos asked how many of Mr. Adams’ current storage facilities have retail space.
Mr. Adams said he has 2 facilities under construction of this same multi- story type. They are working with tenants such as a construction office, a veterinarian. It’s market development. They are in partnership with another developer in their office that is a preferred developer for Walgreens. This certainly isn’t a Walgreens type space –but they have contacts with a lot of different retailers.
Commissioner Karabatsos asked how a retailer fits in with the M district.
Mr. Sylvester said they allow a small amount of accessory retailing in the M district.
Commissioner Dubiel said he thinks this is an interesting proposal.
Mr. Adams explained storage space per capita within 3 miles. In a 1 mile radius there are no facilities like this of any kind. In a 3 mile radius 75% of renters do not want to travel more than 15 minutes. The office hours are 9 a.m. until 6 p.m. Saturday office hours are 11 a.m. until 4 p.m. There are no Sunday office hours. Typical access hours are dependent. Some businesses
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______pay additional for 24 hour access. Residential users are not granted 24 hour access. For example, someone who delivers newspapers, they would pay additional to have access at 4 a.m. Typical access hours are 6 a.m. until 10 p.m. A facility of this size is going to have 50+ cameras; every entry is a key code entry. There is solid control of the building.
Commissioner Karabatsos asked who might be coming in during the night, let’s say a contractor.
Mr. Adams said this particular facility is all interior, climate controlled units. He doesn’t feel contractors would be storing things here and coming in during the night. This facility may not be the perfect fit for what a contractor needs to store. A manager would ask a potential tenant why they need to come in at 3:00 in the morning.
Chairman Kanelos said if this passes, there can be a condition put in place about the hours of access.
Commissioner Dubiel asked how long Mr. Adams owned the property.
Mr. Adams said his partner [the French family] has owned it since the early 80’s. He has been a partner for 8 years. There are several of their properties adjacent to residential. Regarding noise, a facility of this size would have 25 to 38 cars per day visiting. People will be moving things in and out but everything is enclosed in the facility. It is not a lot of noise.
Commissioner Dubiel asked if Mr. Adams knew the intent of previous contracts on this property.
Mr. Adams thought they were all residential. He thinks it is a busy road. He thinks it would be too tight for residential. Also feels the road needs a buffer.
John Green said they approached the Staff 6 months ago. The Staff has been exceedingly professional and helpful to them. Since the property was previously M zoned, his group chose to follow that path and return the site to M status. This Village is looking for a building with public benefit, consideration for use and demand. He explained all the details on how this site fit his plans. They were told to make it look good and let it blend. The site is 3 non-contiguous sites all under 1 ownership separated by 2 streets and an alley. They chose to put the building as close to Waukegan Road as possible to maximize the separation from the residential area. They tried to blend it to the residential area. He spoke about all the set-backs. He spoke extensively about lot sizes. There is a total of about 1.31 acres. .22 of those
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______acres is the third lot and it is a residential lot and they are not doing anything with that lot. Currently all of the land [1. 31 acres] has run-off to the residential area to the east. No control, no detention, no inhibitors. They chose to build a berm on that parcel so the water can be routed to the street into the storm sewer. They will put in a swale which will control an acre of the water running over land. It will now be channeled off site. He went on to explain the total detention area and how the rain water will be gradually let into the sewer system on Waukegan instead of Jarvis.
Chairman Kanelos had questions regarding the swale.
Mr. Green answered all of them. He spoke of the alley that needs work. They are not accessing it but they are replacing it – taking out the existing asphalt. It will be a concrete alley pitched in a V shape so the water can run. He then spoke of zoning amendment in detail and went over the findings of fact. They are providing a lot of landscaping for the proposed buffer.
Chairman Kanelos asked the public to speak relative to the zoning portion. If it is a question regarding special use or variances, he will ask you to sit down and he’ll call you back at that time during the presentation.
David Friese, 7450 N. Waukegan Rd., Niles, IL was sworn in. He’s one of 36 owners in the condo building across the street from this site. He spoke of the height. The request started out incubator self-storage facility. Now it’s also retail and 24 hour facility. He is pleased but concerned about the height being 50 ft. on Waukegan but the back could be 56 ft. or more since the streets slope down east of Waukegan. Also concerned about hours. Questioned the proposed residential being 3 stories in height; the proposed storage is 4 stories in height.
Chairman Kanelos answered the petitioner is asking for re-zoning. So it is the zoning classification that allows the height.
Mr. Friese asked if the parking lot would turn into vehicle storage.
Chairman Kanelos said outdoor storage is not an option.
John Warneke, 7020 W. Jarvis, Niles, IL came to the podium to be sworn in. He is adjacent to the property in question. He has small children. He’s concerned about the retention pond and have it filled with water. Will there be fencing around it? Another concern is parking and traffic. He’s done some research and finds property values go down and residential crime goes up when near a storage facility.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chairman Kanelos said there won’t be standing water there all the time. It is a detention, not retention, pond.
Mr. Warneke said having this traffic come in off Jarvis is going to be a problem. No one on this street has had water problems other than seepage. He did not receive notification. The notice he got was addressed to the previous owner. He’s had 20 permits in the last 5 years to renovate his home and each time he had to send out certified notifications to neighbors and brings the receipts to the Building Department as proof.
Chairman Kanelos asked Staff if notices are sent registered.
Mr. Sylvester said no. The Village relies on the most current data available and it comes from Cook County when they send notifications. But they also put a notification sign on the property because they know all the notices won’t necessarily get to the correct parties.
Chairman Kanelos said he wants this put on the August 14th meeting agenda. He doesn’t see why we can’t send all notifications certified.
Mr. Green said the detention area is designed to be a dry pond. After a rainfall, it would be empty in 24 to 36 hours. There will be fencing around it and also an existing retaining wall that will be repaired.
Commissioner Dubiel asked about a bumper guard in the parking lot.
Mr. Green said the bumper guard is on the east side of the parking lot. 6 parking spaces face the detention area so the bumper guard will be there. The area will have continuous solid landscaping and a 3 ft. ornamental rail.
Elizabeth Rolla, 7450 N. Waukegan Rd., Niles, IL came to the front and was sworn in. She said it’s a beautiful building but doesn’t belong there. It should have gone on Howard St. Morton Grove has the same type building [not that tall] on Oakton St. It shouldn’t be near residences. It’s too big.
Jeremy Foszcz, 6955 W. Niles, Terr., Niles, IL was sworn in next. He did not get a notification letter. He moved in about a year ago. Will the air conditioning units be on top of the building or the side? Many residents from the condo building park in the vacant parking area. This would force them to park on the street in front of the single family homes. There aren’t sidewalks all the way down the street and he’s concerned that traffic will come down Niles Terr. People walk their dogs in the street. Many residents would rather it be residential. He said there are 3 storage facilities within 1-1/2 miles of the property. He’d rather see it as a vacant lot.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Chairman Kanelos said the air conditioning will be on the roof and properly screened. The condo residents do not have a right to park in that lot. It is someone else’s property. Can that be a right turn only out of the parking lot onto Waukegan Road?
Lester Gadek, 7450 N. Waukegan Rd., Niles, IL came to the podium and was sworn in. He’s also a broker. He had a meeting with Bruce and Paul Kolpak. He said there was always resistance to get it developed. What changed their mind today?
Mr. Ostman said he’d have to look back at his notes regarding this.
Chairman Kanelos asked if Mr. Gadek considered appealing for a variation.
Mr. Gadek said no, Paul told him - no way can you win. So he walked away.
Don Shaw, 7049 W. Birchwood, Niles, IL came forward and was sworn in. His street dead-ends into Waukegan Road directly across from the proposed self-storage site. This building is more beautiful that he thought it would be and agrees there is a need for it. He doesn’t feel it belongs in this residential neighborhood. He retired to Niles 9 years ago. He went on to talk about the area and hopes this does not go through. There are plenty of places east of Waukegan on Howard Street that are for sale or for rent. He feels this would be a better location.
Louise Sudi, 7055 W. Birchwood, Niles, IL was next to be sworn in at the podium. Birchwood begins and ends between Waukegan and Milwaukee. Auto Zone at Milwaukee and Birchwood has semi-tractor trailer trucks delivering and the semis go in and out of their street to make those deliveries. A big bus recently came down her street to turn onto Waukegan and all the glasses in her china cabinet rattled. What will happen when people are moving their things in and out of this storage facility? There are children on her block riding bikes in the street. This short cut between Milwaukee and Waukegan gets busy. What will this building do to their property taxes?
Chairman Kanelos said more retail helps keep property taxes down. The same houses in Park Ridge or Morton Grove pay a lot more tax than Niles, and that is because of all the retail in the Village. The traffic engineer will address that issue next.
William Woodward, KLOA Traffic Engineer, said they looked at this from a traffic and parking perspective and what is proposed on funneling traffic is low impact on the surrounding neighborhood. There is minimal amount of
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______traffic going through these types of developments. According to studies on self-storage traffic, there are less than 10 cars going in and out during peak hours of the morning and afternoon on a typical weekday. It is a one way circulation so cars will be coming in and going out in order. They could place additional signage such as ‘local traffic only’ on Jarvis. The same thing can be done on Niles Terr. Exiting can have a sign at Niles Terr. ‘right turn only’. They can also physically restrict the outbound drive aisle so there is no choice but to turn right. Majority of traffic will be coming off Waukegan Road to access the facility. Size of storage units would average 85 sq. ft. so you are looking at smaller rental U-Haul type trucks coming in and out. Not the size of a Jewel truck. He compared this to a bank with safety deposit boxes. There could be a couple hundred boxes but you don’t see a lot people going in and out at one time. Studies from Self-Storage Assn. show tenants visit their storage unit once or less than once a month.
Commissioner Dubiel asked if there is a truck weight limit on Jarvis.
Mr. Ostman said he is unaware of that. He is not familiar with signage that can be placed on a side road.
Walter Sudi, 7055 W. Birchwood, Niles, IL came to the podium and was sworn in. He’s questioning the sign about right turn only on Jarvis. On Touhy at Aldi/Costco Gas entrance, there is a sign ‘no left turn’ yet people are lined up there to turn left. So what good will ‘right turn only’ do for Jarvis? Then they will cut over on Birchwood to get to Milwaukee Ave. or go to the dangerous intersection of Howard and Waukegan. Why are they taking up the entire property with the building? There is no room for yard or trees.
Chairman Kanelos explained again why people exiting the facility have to turn either left or right on Waukegan, depending on where they are going. They want to get as many units as possible in the building so they are going to use the entire piece of property. There is green space on the north and south of the building. There is not a lot of green space on the west or east sides of the building.
David Friese spoke again. His experience with the Commission in the past has always been positive. He’s not sure what happened in the past with Mr. Gadek , but Chuck and Bruce have always been cooperative and actually came to their condo building with Commissioner Dubiel to explain the zoning changes.
Christine Buth, 6949 W. Jarvis, Niles, IL was at the podium to be sworn in. She has lived there for 40 years. On Jarvis there are very few sidewalks on either side of the street. Everyone walks in the street. At rush hour people
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______cut down their side street to avoid the backup at Howard & Waukegan in order to get to Howard. There is a lot of traffic on Waukegan. There are a lot of children and dogs on Jarvis. Her mother, who lives with her, uses a walker and walks in the street. She is concerned about this facility coming into the neighborhood.
Mr. Green said this project proposes to install sidewalks along Niles Terr. and Jarvis where they currently do not exist. They will be removing and replacing the sidewalks along Waukegan Rd. as well with handicap accessibility at Jarvis and Niles Terr. This will take place along the property lines of the parcel.
Mr. Woodward said they did not do a formal traffic study along Waukegan Road or at the intersections as part of their study. Regardless of what is developed here, it will generate traffic. Posted on the overhead is the report of anticipated traffic with a storage facility and another if it were an apartment building. He explained the flow of traffic with these two types of developments.
Mr. Adams uses data from the Self-Storage Association.
Commissioner Karabatsos questioned where the association gets their spread. What’s the spread on retail association.
Mr. Adams said he would look into it. There might be a facility that has 100 units or possibly 1,000 units.
Commissioner Dubiel asked about the traffic of facilities he already owns.
Mr. Adams said they owned 6 and recently sold 6 and they don’t track traffic.
Jeremy Foszcz spoke again. This was regarding cars parked on the street [on Waukegan]. It is always difficult to see if you are coming out of Niles Terr. onto Waukegan. Plus now there will be a building there.
There is discussion about whether or not Waukegan Road is a state road.
Commissioner Schulter said he has been in Niles 50 years. There was always a building there [Ideal Uniform]. Now there would be another building there. People have been pulling out of those side streets for years. The Board will look into a ‘no parking from here to corner’ sign.
Mr. Ostman verified Waukegan Road is a state route.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______George Dabek, 7004 W. Jarvis, Niles, IL was sworn in. He has lived there 18 years. It is a nice building but this is a residential area. You changed it from manufacturing to residential. Now you want to change it back. There are few solid answers. All the people that live in the area should be here tonight. He received the notice. But his neighbor didn’t receive one. The entire community behind this building should be able to vote on it. This does not belong in their neighborhood.
Chairman Kanelos said he understands but you can’t impose on someone else’s property what you don’t like. They have to go through a set of criteria and if they meet those criteria, it comes before this Board. This Board goes through the same thing if someone wants to put an addition on their house. There has to be more than someone’s opinion and emotion. And it is difficult when you have the interface of commercial and residential.
Commissioner Dubiel said this Board is a recommending body to the Board of Trustees for the zoning map amendment. This is all tied together even though this Board has the final say on the variations. The public comment is at the beginning of the meeting.
Lawrence Piekos, 7014 Niles Terr., Niles, IL came forward to be sworn in. He’s lived there for 30 years and his home is adjacent to the alley. The back of the building is not going to be 4 stories; it will be 4-1/2 because of the slope of the lot. The traffic in the alley will increase.
Mr. Green said the first floor is actually set below the grade level of Waukegan. The front will be a little less than 4 stories. The back will be 4 stories. The 50 ft. height is from the back. It is set into the ground because of the slope.
Tim Bozedel, 7015 Niles Terr., Niles, IL came to the podium and was sworn in. Is there any security in the alley?
Mr. Adams said there is no key code to get into the driveway. The entrance to the building is key coded. The back of the building has outside surveillance. The cameras are running at all times and are on a 30 day loop. The loading and unloading area is key code access only. The typical use of their facility does not have 24 hour access. But if someone has a specific need, that would be a reasonable use of the facility. A percentage of their customers may require access outside of normal business hours. At other locations, they have had restrictions on deliveries, snow plowing, trash removal.
Chairman Kanelos said if Niles says they don’t have 24 hour access for
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______anyone…… [he wasinterupted.]
Mr. Adams said they no longer operate the storage places themselves. They now use Extra Space, the number one in operational prowess. During the check in process, you have a valid driver’s license; a credit card on file; insurance on the unit; a photo on the signed lease. They don’t allow controlled substances or chemical items in their storage units.
Mr. Bozedel still thinks this answer is vague. But the old Ideal Uniform building was a mess and an eyesore. Residents were happy when it was rezoned to residential. But now going back to M…… not good.
Mr. Adams said about 10% of renters at their other facilities would request and qualify for 24 hour access.
Lester Gadek came to the podium and spoke again. He says the property values will go down once the warehouse is built. None of you [on the Board] would want to live by this new building.
Jeremy Foszcz had another question for Mr. Adams. Why did you close and/or sell the other storage facilities you owned?
Mr. Adams said the word closed means closed in the real estate sense. They had 6 facilities that were older. They sold and started newer ones. They want to be good neighbors. The retail center will not be a 24 hour center. It is their intent to be the buffer between Waukegan Road and the neighborhood.
Commissioner Nakanishi asked if the architect and owner would consider making the east elevation more like the 3 other elevations. The people in the residential area are going to have to look at this and it would be more pleasing if it looked like the west, north or south sides of the building.
Chairman Kanelos asked what the lighting is like in the back.
Mr. Green said they are working on the plans to make it look the same on all 4 sides. They are not putting windows on the back because they don’t want interior light shining on the east. Lighting on the building will be mounted low – directional light only. The highest lighting on the back is under the canopy at 12 ft. The other lighting is below that at about 8 or 9 ft.
Commissioner Nakanishi asked if the east elevation could look exactly like the west side except put in false windows.
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______Mr. Green said they will try to add some and already made some changes. The neighbors will be looking at landscaping but the 6 ft. fence will be beyond that view. The arborvitae and other foliage will eventually fill in and neighbors won’t see the fence at all. The east elevation will look like the north elevation – not as many windows as the west side.
Jeffrey Evens, attorney, 6767 N. Milwaukee Ave., Niles, IL 60714 came to the podium to speak. He represents the petitioners. He thanked everyone for coming in. This looks like an outstanding, potential development for this property. It has been vacant for 10-15 years. Before that it was a blight on the neighborhood. Waukegan Road has always been a commercial area. He made his case for developing the area pointing out there are a lot of vacancies along the way. This will be an improvement. They can’t make it residential because there isn’t enough room for what developers want to build. This will be a good buffer between all the commercial [on the west side of Waukegan] and residential to the east. He went on to explain all the pluses. He feels it will benefit the neighborhood; it’s a beautiful building that will provide services to people in the area.
Chairman Kanelos said if there are no other comments, the Board has to come to some type of resolution. First they will vote on the re-zoning [yes or no], then on the 2 special uses, finally on the 9 requested variances. This Board will be the final answer on the 9 requested variances. But it’s irrelevant if the first 2 items [zoning and special uses] that have to go to the Board of Trustees don’t pass at that meeting. If they don’t pass at that meeting, then neither will the 9 variances. This is a process they have to go through. He entertained a motion. However there was added comment at this time.
Commissioner Dubiel said they can’t put any conditions on the map amendment but they can put conditions on the special uses and variances. Can they be discussed before voting?
Chairman Kanelos said yes, let’s discuss them now. If it were up to him and he was making a motion to approve, he would add a condition on the hours of operation to not allow 24 hour access; have a right only out of the southern exit onto Niles Terr. and engineering should design the exit as such; they must have 1,600 sq. ft. of isolated retail [not just their office with tape and cardboard boxes for sale]; and the east elevation must match the north elevation with regard to percentage of masonry vs. siding and windows/faux windows. Those are 4 conditions he would put into place.
Commissioner Dubiel said if this is approved, they want it to succeed. No testimony indicated there would be excessive noise or problems if there were
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______24 hour access. And what about the defined retail space?
Chairman Kanelos said that at 3 or 4 in the morning, it doesn’t take much noise to cause a problem. He wants to make sure there is some retail on Waukegan, not just the owner’s office. There should be some benefit to the citizens of Niles.
Mr. Adams is in agreement with the condition of 1,600 sq. ft. isolated retail. He really has to check on the 24 hour access condition. This will be an $8 to $9 million investment. Now they would not be competing with other facilities with their having limited hours. His concern is what is that impact going to be.
Chairman Kanelos said he understands that as a business person as well. One of the storage facilities in the area does not allow 24 hour access. If he lived there he would be concerned about people that can be loud and inconsiderate in the early morning hours. He has a concern about that noise and the 2 or 3 people who live adjacent to the property.
Mr. Evens asked if the lockers are 100% interior. [Yes, they are.] If someone is coming in to pick up tools, they have to go into the facility, right. [Correct.]
Chairman Kanelos gave an example of the back door of a panel van slamming or the radio turned up. So those would be 4 conditions he would put in place. Access to the building should be 6 a.m. until 10 p.m. as hours of operation.
Mr. Evens said perhaps there could be a percentage of those who would be allowed 24 hours access.
Mr. Ostman said the petitioner can come back to this Board if they want to change their hours of operation. It would be an amendment to a special use permit requiring notification.
Commissioner Dubiel moved that they approve 17-ZP-14 the Zoning Map Amendment to rezone the properties at 7421, 7431, 7437 and 7443 Waukegan Road from the current ‘R-3 Two Family Residential’ to the proposed ‘M- Manufacturing’ to allow a proposed self-storage business incubator facility at 7421 Waukegan and an associated parking lot at 7431, 7437 and 7443 Waukegan Road; that they have met with conditions discussed.
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Commissioner Dubiel moved to approve 17-ZP-15 for a ‘self-storage’ special use permit at 7421 Waukegan Road and a ‘parking lot-principle use’ special use permit at 7431, 7437 and 7443 Waukegan Road with the following conditions: 1) access is limited from 6 a.m. until 10 p.m. at the facility 2) the alley behind the building is right way only onto Niles Terr. 3) there be 1,600 sq. ft. isolated retail space 4) the east and north façades match with regard to percentages of masonry, windows and faux windows
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
Commissioner Dubiel moved to approve 17-ZP-16 for a request of 9 variations** and that findings of fact have been met as required in zoning ordinance Appendix B Section 15.4(d) and Subsection (e).
Seconded by Commissioner DeBartolo, on roll call the vote was:
AYES: 6 Dubiel, DeBartolo, Schulter, Nakanishi, Parala, Kanelos
NAYS: 1 Karabatsos There being six (6) affirmative votes the motion carried.
** 1)Front yard set-back as required in zoning ordinance section 6.3(A); 2) Rear yard set-back as required in zoning ordinance section 6.3(A); 3) Corner-side yard set-back (south side) as required in zoning ordinance section 6.3(A); 4) Corner-side yard set-back (north side) as required in zoning ordinance section 6.3(A); 5) Minimum lot width as required in zoning ordinance section 6.3(A); 6) Minimum separation between a self-storage building and adjacent residential properties as required in zoning ordinance section 6.3(B); 7) Minimum driveway throat depth as required in zoning ordinance section 10.3(C)(3); 8) Minimum amount of parking stalls as required in zoning
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______ordinance section 10.4(A); and 9) Minimum width for a landscape buffer around a storm water detention facility as required in zoning ordinance section 11.10(A)(3)
For items 17-ZP-14 and 17-ZP-15 Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary.
For item 17-ZP-16 this Board has the final say.
DISCUSSIONS – None
ADJOURNMENT
Chairman Kanelos made a motion to adjourn.
Commissioner Dubiel moved to adjourn.
Seconded by Commissioner Parala, on roll call the vote was:
AYES: 7 Dubiel, Karabatsos, DeBartolo, Schulter, Nakanishi, Parala
NAYS: 0 There being seven (7) affirmative votes the motion carried.
The meeting adjourned at 11:20 p.m.
Kathleen Janessa, Recording Secretary
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Planning and Zoning Board Approved Meeting Minutes July 10, 2017 ______The following people wish to be notified of the next Board of Trustees meeting concerning items 17-ZP-14 and 15: David Friese, 7450 N. Waukegan Rd., 847.708.7001 Jeremy Foszcz, 6955 W. Niles, Terr., 815.790.0035 Lester Gadek, 7450 N. Waukegan Rd., 773.415.4113 Don Shaw, 7049 W. Birchwood, 847.679.5112 Christine Buth, 6949 W. Jarvis, 847.647.1260 George, Dabek, 7004 W. Jarvis, 773.450.7865 Lawrence Piekos, 7014 Niles Terr., 847.219.9521 There were others who spoke but did not leave their phone numbers.
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BOARD AGENDA ITEM EXPLANATION FORM
Ordinance Amending Chapter 2 Administration, Article V. Boards, Committees and Commissions, Division 1 Generally, Sec. 2-281. Boards, Committees and Commissions; Membership of the Niles Code of Ordinances Meeting Date 8/22/2017 Item Number 5
Requested by President Przybylo Action Requested
Prepared by Village Attorney Grcic Assigned to: Trustee Jekot
ATTACHMENTS: Type Description Ordinance Ordinance
MOTION I move for Board approval of an Ordinance amending Chapter 2 Administration, Article V. Boards, Committees and Commissions, Division 1 Generally, Sec. 2-281. Boards, Committees and Commissions; Membership of the Niles Code of Ordinances.
REASON FOR REQUEST / BACKGROUND Each board, committee and commission member shall be entitled to receive a Niles Family Fitness Center membership during the course of their active term, unless that person resigns or is otherwise removed from his or her position. This membership shall not be construed as compensation under the Niles Code of Ordinances.
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance ORDINANCE 2017-
ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE V. BOARDS, COMMITTEES AND COMMISSIONS, DIVISION 1 GENERALLY, SEC. SEC. 2-281. BOARDS, COMMITTEES AND COMMISSIONS; MEMBERSHIP TO THE NILES CODE OF ORDINANCES
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees of the Village of Niles, Cook County, Illinois, as follows:
SECTION 1: Chapter 2 Administration, Article V. Boards, Committees and Commissions, Division 1 Generally, Sec. Sec. 2-281. Boards, Committees and Commissions; Membership to the Niles Code of Ordinances shall be amended as follows: * * *
ARTICLE V. BOARDS, COMMITTEES AND COMMISSIONS
DIVISION 1. GENERALLY
Sec. 2-281. Boards, committees and commissions; membership.
Village boards, committees and commissions may be created or established by the President with the consent of the Board of Trustees. The appointment of persons to serve as members of village boards, committees or commissions shall be made annually by the President with the advice and consent of the Board of Trustees. Each board, committee and commission member shall be entitled to receive a Niles Family Fitness Center Membership during the course of their active term, unless that person resigns or is otherwise removed from his or her position. This membership shall not be construed as compensation under the Niles Code of Ordinances.
SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict.
Ordinance 2017-
SECTION 4: That any section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter.
PASSED: This 22nd day of August, 2017 AYES: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2 BOARD AGENDA ITEM EXPLANATION FORM
Resolution Amending Resolution 2013-44R by Approving an Amended Economic Incentive Agreement with Grand Golf LLC d/b/a Fresh Farms and the Village of Niles for the Operation of 8203 W. Golf Road and Certain Incentives, Including Sharing of Retailers' Tax Revenues Meeting Date 8/22/2017 Item Number 6
Requested Charles Ostman, Director of Community Action RESOLUTION by Development Requested
Prepared by Ross Klicker, Economic Development Coordinator Assigned to: Trustee McCreery
ATTACHMENTS: Type Description Department Memo *Staff Memo Resolution Amended Resolution Exhibit Exhibit A - Economic Incentive Agreement Exhibit Exhibit 2 to the Economic Incentive Agreement Resolution Resolution 2013-44R
MOTION I move for Board approval of a Resolution amending Resolution 2013-44R by approving an amended economic incentive agreement with Grand Golf LLC d/b/a Fresh Farms and the Village of Niles for the operation of 8203 W. Golf Road and certain incentives, including sharing of retailers' tax revenues.
REASON FOR REQUEST / BACKGROUND Grand Golf LLC, d/b/a/ Fresh Farms located at 8203 Golf Road is requesting a one year extension on the Economic Incentive Agreement entered on July 23, 2013 per Resolution 2013-44R.
Will this action involve an expenditure of funds? No
If yes, is this a budgeted item? No
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance RESOLUTION 2017-
RESOLUTION AMENDING RESOLUTION 2013-44R BY APPROVING AN AMENDED ECONOMIC INCENTIVE AGREEMENT WITH GRAND GOLF LLC D/B/A FRESH FARMS AND THE VILLAGE OF NILES FOR THE OPERATION OF 8203 W. GOLF ROAD AND CERTAIN INCENTIVES, INCLUDING SHARING OF RETAILERS' TAX REVENUES
WHEREAS, the Village of Niles ("Village") is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq.; and
WHEREAS, Grand Golf LLC, leases certain property located at 8203 Golf Road, Niles, Illinois ("Property"); and
WHEREAS, Grand Golf LLC has made significant investment to develop a Fresh Farms grocery store at this location; and
WHEREAS, Grand Golf LLC., and the Village had previously entered into an Economic Incentive Agreement as adopted by Resolution 2013-44R which laid out terms of the incentive agreement including beginning and ending dates of the incentive; and
WHEREAS, Grand Golf, LLC, seeks a one year extension for the Economic Incentive due to unforeseen construction delays that caused the Fresh Farms to open over twelve months behind schedule, attached hereto as Exhibit "A" and incorporated herein by reference as if fully set forth, for the sharing of the municipal retailers' occupation tax received attributable to the redevelopment of the Property for an additional year added on to the original term; and
WHEREAS, after due consideration and investigation of the Grand Golf LLC proposal, the Board of Trustees of the Village find that the proposed sharing of the retailers' occupation tax from the redevelopment of the Property for an additional year is appropriate and meets all of the requirements of Section 8-11-20 of the Illinois Municipal Code therefor as follows:
1. That the redevelopment of the Property into a Fresh Farms has created new jobs within the Village; and
2. That the redevelopment project has served to maintain and further Resolution 2017-
stimulate development of properties along and adjacent to the Four Flags Shopping Center; and
3. That Grand Golf LLC, meets high standards of creditworthiness and financial strength, as demonstrated by specific evidence of equity financing for not less than 10% of the total project costs; and 4. That the redevelopment project has strengthened the commercial sector of the municipality by enhancing retail sales at Four Flags Shopping Center; and
7. That the project has enhanced the tax base of the municipality by generation of additional retailers' occupation tax revenues; and
8. That entering into a one year extension of the Economic Incentive Agreement is in the best interest of the Village; and
WHEREAS, the creation of jobs, generation of additional retailers' occupation taxes, and the maintenance and improvement of Four Flags Shopping Center, which has resulted from the Village’s entry into the Economic Incentive Agreement, will continue to contribute to the reliability and stability of the Village; and
NOW, THEREFORE, BE IT RESOLVED, by the President and the Board of Trustees of the Village of Niles, Cook County, Illinois, as follows:
SECTION 1: That the recitals set forth above are hereby incorporated herein and made a part hereof.
SECTION 2: That the upon the findings set forth in the foregoing recitals, the Board of Trustees of the Village hereby determines that the entry of the Village into the Amended Economic Incentive Agreement, attached hereto as Exhibit "A" is authorized and appropriate.
SECTION 3: That the President is hereby authorized to execute the Amended Economic Incentive Agreement on behalf of the Village, and the Village Clerk to attest thereto.
SECTION 4: That the President, the Village Manager, the Village Attorney, and such other Village officers and staff are further authorized to execute all documents and perform all other acts necessary to carry out the Amended Economic Incentive agreement.
2
Resolution 2017-
SECTION 5: That all other ordinances and resolutions, in conflict with the provisions of this Resolution are, to the extent of such conflict, expressly repealed.
SECTION 6: That this Resolution shall take effect immediately upon its passage and approval as provided by law.
PASSED: This 22nd day of August, 2017. AYES: NAYS: ABSENT: ABSTAIN: ______Village Clerk
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
3
EXHIBIT “A"
ECONOMIC INCENTIVE AGREEMENT BY AND BETWEEN THE VILLAGE OF NILES AND GRAND GOLF, LLC
THIS ECONOMIC INCENTIVE AGREEMENT is made and entered into as of the ____ day of _____, 2017, by and between the Village of Niles, an Illinois home rule municipal corporation (hereafter "Village") and Grand Golf, LLC.
IN CONSIDERATION OF the recitals and mutual covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Village and, Grand Golf LLC (collectively hereafter the "Parties") agree as follows:
SECTION 1. RECITALS.
A. The Village is a home rule municipality organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1 et seq. and Article VI of the Illinois Constitution, and is authorized under Sections 8-11-20 and 8-11-21 thereof to enter into economic incentive agreements with private persons relating to the redevelopment of land within its corporate limits.
B. Grand Golf LLC is the Owner and Operator of Fresh Farms.
C. Grand Golf LLC have agreed to enter into a long term Building Lease with Inland Four Flaggs L.L.C. for the Subject Property. ("Lease")
D. The Subject Property has remained significantly unoccupied or underutilized for months as of the date of this Agreement. Grand Golf LLC intends to substantially redevelop and expand the Subject Property for the purposes of accommodating Fresh Farms.
E. The Corporate Authorities of the Village have reviewed the Project and determined that the Project will: 1) create job opportunities within the City; 2) stimulate the development of adjacent areas; 3) strengthen the commercial sector of the City; and 4) enhance the City's tax base.
F. The parties acknowledge, Grand Golf LLC represents and warrants, that economic assistance from the Village is necessary to undertake the Project and that without this Agreement, the Project would not proceed.
G. The Corporate Authorities have additionally determined that Grand Golf LLC, meets high standards of credit worthiness and financial strength based upon the following:
1. Evidence of equity financing of at least ten percent (l 0%) of the total cost of the Project; 2. A letter from a financial institution with assets of more than ten million dollars ($10,000,000), attesting to financial strength; or 3. Corporate debenture ratings of BBB or Higher by Standard & Poor's Corporation, or Baa or higher by Moody's Investor Services, Inc.
H. The Corporate Authorities of the Village further have determined that this Agreement is in the best interests of the Village and that it meets all of the conditions set forth in Section 8- 11-20 of the Illinois Municipal Code for economic incentive agreements.
I. In consideration of the foregoing recitals and the covenants and conditions hereinafter set forth, and for other good and valuable consideration, the adequacy and sufficiency of which the Parties hereby stipulate, the Parties hereby agree as follows:
SECTION 1. INCORPORATION OF RECITALS.
The foregoing recitals are incorporated herein by reference as if fully set forth above .
SECTION 2. DEFINITIONS.
Whenever used in this Agreement, the following terms shall have the following meanings unless a different meaning is required by the context:
"Agreement" means this Economic Incentive Agreement dated ______2017, between the Village and Fresh Farms.
"Effective Date" means the date of this Agreement.
"Subject Property" means a certain parcel of property, commonly known as 8203 W. Golf Road, Niles, Illinois, describe in Exhibit" 1 " which is attached hereto and incorporated herein by reference as if fully set forth
"Project" means the redevelopment of the existing building on the Subject Property into an image building by Grand Golf LLC, pursuant to its lease agreement, to serve as Grand Golf’s LLC, Fresh Farms facility, substantially in the form as depicted in Exhibit "2," which is attached hereto and incorporated herein by reference as if fully set forth.
"Gross Receipts" means this term as defined in Section 1 of the Retailers' Occupation Tax Act, 35 ILCS 120/1.
"Sales Tax" means only the one percent (1 %) portion of the tax collected by the State of Illinois pursuant to the Retailers' Occupation Tax Act, 35 ILCS 120/1 et seq., presently distributed by the State to municipalities, and excludes any increase in the percentage of the said tax which may be distributed to municipalities in the future; the home rule municipal retailers occupation tax provided for in Section 8-11-1 of the Illinois Municipal Code, "Home Rule Municipal Retailers' Occupation Tax Act," 65 ILCS 8-11-1.
"Term" means the period set forth in Section 7. Term, below.
SECTION 3. SALES TAX PAYMENTS.
A. Schedule of the Sales Tax Incentive
• In 2014 there will be no Incentive
• In 2015 the Village will retain the first $143,380.00 in sales tax generated from this location with any amount generated over this amount split 50 % to the Village and 50% to Fresh Farms.
• In 2016 the Village will retain the first $153,416.60 in sales tax generated from this location with any amount generated over this amount split 50 % to the Village and 50% to Fresh Farms.
• In 2017 the Village will retain the first $164,155.76 in sales tax generated from this location with any amount generated over this amount split 50 % to the Village and 50% to Fresh Farms.
• In 2018 the Village will retain the first $175,646.67 in sales tax generated from this location with any amount generated over this amount split 50 % to the Village and 50% to Fresh Farms.
• In 2019 the Village will retain the first $187,941.93 in sales tax generated from this location with any amount generated over this amount split 50 % to the Village and 50% to Fresh Farms.
• In 2020 the Village will retain the first $201,097.87 in sales tax generated from this location with any amount generated over this amount split 50% to the Village and 50% to Fresh Farms.
C. Grand Golf Obligations.
i. Grand Golf LLC must provide the Village with certified copies of transmittals of the Illinois Department of Revenue ST-l and/or ST-2 form on a monthly basis, as well as proof of payment as evidenced by a copy of the check remitted to the State. Said reporting is a material term and condition of this Agreement. ii. Also, if requested by the Village, Grand Golf LLC shall execute all required authorizations in favor of the Village necessary for the Village to receive directly from the Illinois Department of Revenue any information possessed by the Department relating to Grand Golf LLC’s collection and payment of sales taxes. iii. Throughout the Term of this Agreement, Grand Golf LLC shall maintain at a minimum a retail sales facility in the building equal in area to that depicted on the building plans in Exhibit "2."
D. Eligibility for Rebate Payments. Only Grand Golf LLC shall be entitled to the Sales Tax rebate payments provided for herein. Neither the Owner or any other owner or any lessee, sublesse or occupant of all or any portion of the Subject Property other than Grand Golf LLC shall be entitled to all or part of any rebate payments. Rebate payments shall be made only from Sales Taxes generated from the retail sales conducted by Grand Golf LLC on the Subject Property and by no other person and from no other business.
SECTION 4. TERMINATION OF THE AGREEMENT
Notwithstanding any other provision in the Agreement, the Village, on its own volition, may terminate this Agreement anytime during its Term upon the occurrence of any of the following: i. The cessation of retail sales on the Subject Property. ii. The operation of a business other than Grand Golf LLC and the retail sales, on the Subject Property. iii. Failure of Grand Golf LLC to maintain the standards of credit worthiness and financial strength forth in Section 1. F. of this Agreement. iv. Noncompliance with any ordinance, rule, or regulation of the Village or other unit of local government or with any state or federal law and the failure to cure such within sixty (60) days after notice by the Village or other governmental body.
Should the City terminate this Agreement pursuant to this section, Grand Golf LLC shall be entitled to a rebate payment of Sales Taxes prorated to the date of termination, and the Village shall have no further obligation to Grand Golf LLC under this Agreement.
SECTION 5. LITIGATION AND DEFENSE OF AGREEMENT.
A. Litigation. If, during the term of this Agreement, any lawsuits or other proceedings are filed or initiated against a Party before any court, commission, board, bureau, agency, unit of government or sub-unit thereof, arbitrator, or other instrumentality, that may materially affect or inhibit the ability of either party to perform its obligations under, or otherwise to comply with, this Agreement ("Litigation"), the Party against which the Litigation is filed or initiated shall promptly deliver a copy of the complaint or charge related thereto to the other Parties and shall thereafter keep the other Parties fully informed concerning all aspects of the Litigation. Each Party shall, to the extent necessary, cooperate with the other party in this event. In the event any lawsuit or other proceedings are filed or initiated by either party to perform its obligations under, or otherwise to comply with, this Agreement, the Village's obligation to pay the rebate of municipal sales tax monies agreed to herein is stayed. The prevailing Party shall be entitled to recovery of reasonable attorneys' fees and costs. B. Defense. The City and Grand Golf LLC each agree to use their respective best efforts to defend the validity of this Agreement, and all ordinances and resolutions adopted and agreements executed pursuant to this Agreement, including every portion thereof and every approval given, and every action taken, pursuant thereto.
SECTION 6. REMEDIES.
A. Remedies. In the event of a breach or an alleged breach of this Agreement by a Party, the other Party may, by suit, action, mandamus, or any other proceeding, in law or in equity, including specific performance, or in an administrative proceeding, enforce or compel the performance of this Agreement. In the event the Parties are required to institute any proceeding or action, whether legal or equitable, to enforce any provision of this Agreement, the Parties shall be entitled to recover all costs and expenses incurred as a result of said action' or proceeding, including reasonable attorneys' fees and costs associated therewith. This Agreement shall be governed by the laws of the State of Illinois and the venue for any action shall be in the Circuit Court of Cook Count, Illinois.
B. Notice and Cure. No Party may exercise the right to bring any suit, action, mandamus or any other proceeding pursuant to Subsection A of this Section without first giving written notice to the other party of the nature of the breach or alleged breach and allowing sixty (60) days to cure the breach or alleged breach; provided, however, that if the party accused of the breach or alleged breach cannot cure the condition within thirty (30) days after the notice, notwithstanding the party's diligent and continuous effort, promptly commenced and diligently continued upon receipt of the notice, then the period to cure the violation or failure shall be extended for the time necessary to cure the violation with diligence and continuity, but in no event longer than and additional thirty (30) days, unless extended in writing by the Village.
SECTION 7. TERM.
Unless terminated by the City as provided for in Section 4, this Agreement shall be in effect for a period of eight (8) years from the Effective Date.
SECTION 8. INFORMATION.
Grand Golf LLC agrees to sign all documentation necessary to cause the Illinois Department of Revenue to release to the City the amount of Sales Tax generated by the Project from the during each of the calendar years covered by this Agreement. During each of such years, Grand Golf LLC shall also forward copies of the Project's monthly Illinois Municipal Sales Tax Returns, ST-l and ST-2, as appropriate, to the Village. The forms provided shall detail the amount of Sales Tax collected and paid to the Illinois Department of Revenue as well as taxable Gross Receipts for Grand Golf LLC. Grand Golf LLC obligations under this paragraph are material terms and a condition of this Agreement. Grand Golf LLC and the Village shall keep all Sales Tax information confidential except where disclosure of such information is required by law.
SECTION 9. GENERAL PROVISIONS.
A. Complete Agreement; Supersedence. This Agreement constitutes the complete agreement of the Parties regarding the payment of Sales Tax and shall supersede and nullify any and all prior drafts and agreements concerning the payment of Sales Tax to Grand Golf LLC.
B. Amendments. No amendment to or modification of this Agreement shall be effective unless and until it is in writing and is approved by the authorized representatives of Grand Golf LLC and by the Village’s Corporate Authorities by Ordinance or Resolution duly adopted, and executed and delivered by the authorized representatives of each Patty.
C. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and delivered in person or by United States certified or registered mail, return receipt requested, postage prepaid, properly addressed to the Parties, respectively, as set forth below, and shall be deemed delivered to and received by the addressee thereof when delivered in person at the address set forth below, or upon a Party's receipt of the notice of registered or certified from the United States Postal Service
For notices and communications to the Village: Village of Niles 1000 Civic Center Dr. Niles, Illinois 60714 Attention: Village Manager
Copy to: Danielle Grcic Village Attorney, Village of Niles 1000 Civic Center Dr. Niles, Illinois 60714
For notices and communications to Grand Golf LLC: Dino Svigos Grand Golf LLC 20 S. Milwaukee Wheeling, Illinois 60090
By notice complying with the foregoing requirements of this paragraph, each Party shall have the right to change the address or addressee or both for all future notices and communications to such patty, but no notice of change of address shall be effective until actually received. Notice of the name and address of all successors to Grand Golf LLC shall be effective as to the other Patties only when made as provided herein. Said notice shall be in writing and tendered as required herein.
D. Governing Law. This Agreement and the rights of the Parties hereunder shall be governed by, and construed, interpreted and enforced in accordance with the laws of the State of Illinois.
E. Interpretation. This Agreement has been negotiated by all Parties and shall not be interpreted or construed against the party drafting the Agreement.
F. Change in Laws. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules, or regulations of any kind shall include such laws, ordinances, rules, or regulations of any kind as they may be amended or modified from time to time hereafter.
G. Headings. The headings of the sections, paragraphs, and other parts of this Agreement are for convenience and reference only and in no way define, extend, limit, or describe the meaning, scope, or intent of this Agreement, or the meaning, scope, or intent of any provision hereof.
H. Time of Essence. Time is of the essence in the performance of all terms and provisions of this Agreement.
I. Severability. It is the express intent of the Pal1ies hereto that should any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property be held void, invalid, or unenforceable by a court of competent jurisdiction, such action shall not affect the remainder of this Agreement, which shall continue in full force and effect.
J. No Third Party Beneficiaries. Nothing in this Agreement shall create, or be construed to create, any third party beneficiary rights in any person or entity not a signatory to this Agreement, except as provided herein.
K. Assignment. Grand Golf LLC may not assign this Agreement or the amounts, in whole or part, to be paid hereunder without the express written consent of the Village. The Parties acknowledge that this Agreement is an obligation that runs with the conduct of retail sales on the Subject Property by Grand Golf LLC and is not a covenant running with the land.
L. Inspection and Audit of Books and Records. Upon prior written notice to Grand Golf LLC and at a place and time that is mutually beneficial to all Parties, the Village shall have the right to inspect, review, and audit Grand Golf LLC books and records which are directly related to establishing sales for any calendar year or portion thereof.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.
______Village of Niles Grand Golf LLC
______Date Date
BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with ESI Consultants, Ltd. to Provide Phase I Professional Engineering Services for Milwaukee Avenue Streetscape Improvements from Monroe Street to Greenwood Avenue in the Amount of $203,125 Meeting Date 8/22/2017 Item Number 7
Requested by Mary Anderson, Director of Public Services Action Requested RESOLUTION
Prepared by Tom Powers, Village Engineer Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Department Memo * ITEP V Board Agenda Memorandum Resolution Resolution Backup Material * ESI Consultants Proposal - ITEP V (RFP #17-08) Backup Material * IDOT Preliminary Services Agreement for MFT Funds Backup Material * Cost Sheet
MOTION I move for Board approval of a resolution authorizing a contractual agreement with ESI Consultants, Ltd. to provide Phase I professional engineering services for Milwaukee Avenue Streetscape Improvements from Monroe Street to Greenwood Avenue in the amount of $203,125.
REASON FOR REQUEST / BACKGROUND This is a continuation of the Village's streetscape efforts,and will help provide information needed for the next Illinois Transportation Enhancement Program (ITEP) grant application cycle.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 2210 Total Amount for Approval $203,125
ACCT# 3390 Budget Amount $120,000
Variance $83,125 over budget
RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH ESI CONSULTANTS, LTD., PHASE I PROFESSIONAL ENGINEERING SERVICES FOR MILWAUKEE AVENUE STREETSCAPE IMPROVEMENTS FROM MONROE STREET TO GREENWOOD AVENUE
WHEREAS, the Village determined that it was in need professional engineering services for Milwaukee Avenue Streetscape Improvements from Monroe Street to Greenwood Avenue; and
WHEREAS, ESI Consultants Ltd., was determined to be the best solution for the Village needs after an extensive selection process; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with ESI Consultants Ltd., will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and ESI Consultants Ltd., is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations Resolution 2017- under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by the Village Clerk at least one original copy of the Contract executed by ESI Consultants Ltd.; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2 BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing the Appropriation of Motor Fuel Tax (MFT) Funds for Phase I Engineering Services Related to Streetscape Improvements on Milwaukee Avenue from Monroe Street to Greenwood Avenue Meeting Date 8/22/2017 Item Number 8
Requested by Mary Anderson, Director of Public Services Action Requested
Prepared by Tom Powers, Village Engineer Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Resolution ITEP V - MFT Resolution - Phase 1 Engineering Milwaukee - Monroe to Greenwood
MOTION I move for Board approval of a Resolution authorizing the use of Motor Fuel Tax (MFT) Funds to pay for Phase I Engineering services related to streetscape improvements on Milwaukee Avenue from Monroe Street to Greenwood Avenue.
REASON FOR REQUEST / BACKGROUND The resolution is required to authorize the Village to use Motor Fuel Tax funds to pay for Phase I engineering services in the amount of $203,125 for streetscape improvements on Milwaukee Avenue from Monroe Street to Greenwood Avenue.
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance
Resolution for Improvement by Municipality Under the Illinois Highway Code
BE IT RESOLVED, by the President and Board of Trustees of the Council or President and Board of Trustees Village of Niles Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare Route From To Milwaukee Avenue Monroe Street Greenwood Ave
BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Phase I Engineering Services for proposed streetscape improvements.
and shall be constructed wide and be designated as Section 17-00128-00-LS
2. That there is hereby appropriated the (additional Yes No) sum of Two Hundred Three Thousand One Hundred Twenty Five and 00/100 Dollars ( $203,125.00 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds.
3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.
Approved I, Marlene Victorine Clerk in and for the Village of Niles City, Town or Village County of Cook , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the President and Board of Trustees Council or President and Board of Trustees Department of Transportation at a meeting on August 22, 2017 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 22nd day of August, 2017 Regional Engineer (SEAL)
City, Town, or Village Clerk
Printed 8/15/2017 BLR 09111 (Rev. 11/06) BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with Baxter & Woodman, Inc. to Provide Phase I Professional Engineering Services for Milwaukee Avenue Streetscape Improvements from Howard Street to Jonquil Terrace in the Amount of $49,965 Meeting Date 8/22/2017 Item Number 9
Requested by Mary Anderson, Director of Public Services Action Requested
Prepared by Tom Powers, Village Engineer Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Department Memo * ITEP VI - Board Agenda Memorandum Resolution Resolution Backup Material * Baxter & Woodman Proposal ITEP VI (RFP #17- 09) Backup Material * Baxter & Woodman Contract ITEP VI (RFP #17- 09)
MOTION I move for Board approval of a resolution authorizing a contractual agreement with Baxter & Woodman, Inc. to provide Phase I professional engineering services for Milwaukee Avenue Streetscape Improvements from Howard Street to Jonquil Terrace in the amount of $49,965.
REASON FOR REQUEST / BACKGROUND This is a continuation of the Village's streetscape efforts, and provides engineering services for a project that received $698,620 in funding under the Illinois Transportation Enhancement Program (ITEP).
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 2210 Total Amount for Approval $49,965
ACCT# 3390 Budget Amount $120,000
Variance $70,035 remaining for Phase 2 engineering
RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH BAXTER & WOODMAN, INC., PHASE I PROFESSIONAL ENGINEERING SERVICES FOR MILWAUKEE AVENUE STREETSCAPE IMPROVEMENTS FROM HOWARD STREET TO JONQUIL TERRACE
. WHEREAS, the Village determined that it was in need of Milwaukee Avenue Streetscape Improvements from Howard Street to Jonquil Terrace; and
WHEREAS, Baxter & Woodman, Inc., was determined to be the best solution for the Village needs after an extensive selection process; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Baxter & Woodman, Inc., will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Baxter & Woodman, Inc., is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations Resolution 2017- under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by the Village Clerk at least one original copy of the Contract executed by Baxter & Woodman, Inc.; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2 BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing the Appropriation of Motor Fuel Tax (MFT) Funds for Phase I Engineering Services Related to Streetscape Improvements on Milwaukee Avenue from Howard Street to Jonquil Terrace Meeting Date 8/22/2017 Item Number 10
Requested by Mary Anderson, Director of Public Services Action Requested
Prepared by Tom Powers, Village Engineer Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Resolution ITEP VI - MFT Resolution Phase 1 Engineering Milwaukee - Howard St to Jonquil Terrace
MOTION I move for Board approval of a Resolution authorizing the use of Motor Fuel Tax (MFT) Funds to pay for Phase I Engineering services related to streetscape improvements on Milwaukee Avenue from Howard Street to Jonquil Terrace.
REASON FOR REQUEST / BACKGROUND The resolution is required to authorize the village to use Motor Fuel Tax funds to pay for Phase I engineering services in the amount of $49,965 for streetscape improvements on Milwaukee Avenue from Howard Street to Jonquil Terrace.
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance
Resolution for Improvement by Municipality Under the Illinois Highway Code
BE IT RESOLVED, by the President and Board of Trustees of the Council or President and Board of Trustees Village of Niles Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare Route From To Milwaukee Avenue Howard Street Jonquil Terrace
BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Phase I Engineering Services for proposed streetscape improvements.
and shall be constructed wide and be designated as Section 17-00129-00-LS
2. That there is hereby appropriated the (additional Yes No) sum of Forty Nine Thousand Nine Hundred Sixty Five and 00/100 Dollars ( $49,965.00 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds.
3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation.
Approved I, Marlene Victorine Clerk in and for the Village of Niles City, Town or Village County of Cook , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the President and Board of Trustees Council or President and Board of Trustees Department of Transportation at a meeting on August 22, 2017 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this 22nd day of August, 2017 Regional Engineer (SEAL)
City, Town, or Village Clerk
Printed 8/15/2017 BLR 09111 (Rev. 11/06) BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with Garland/DBS, Inc. for the Replacement of Exterior Soffit and Doors at the South Entrance of Village Hall and Exterior Doors in the Council Chambers Located at 1000 Civic Center Drive in the Amount of $67,981 Meeting Date 8/22/2017 Item Number 11
Requested by Mary Anderson, Public Services Director Action Requested RESOLUTION
Prepared by Fred Braun, Streets Superintendent Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Department Memo * Memo to Board Resolution Resolution Agreement *Contract Backup Material Proposal With Bid Tabulation
MOTION I move for Board approval of a resolution authorizing a contractual agreement with Garland/DBS, Inc., for the replacement of the exterior soffit and doors at the south entrance of Village Hall and exterior doors in Council Chambers located at 1000 Civic Center Drive in the amount of $67,981.
REASON FOR REQUEST / BACKGROUND Garland/DBS, Inc. is the lowest bidder via U.S. Communities. They have performed well for the Village previously. This proposal is slightly over budget, but will be covered by savings on other budgeted projects.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 1460 Total Amount for Approval $67,981
ACCT# 3810 Budget Amount $66,000
Variance $1,981
RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH GARLAND/DBS, INC., FOR THE REPLACEMENT OF THE EXTERIOR SOFFIT AND DOORS AT THE SOUTH ENTRANCE OF VILLAGE HALL AND EXTERIOR DOORS IN COUNCIL CHAMBERS LOCATED AT 1000 CIVIC CENTER DRIVE
WHEREAS, the Village determined that it was in need of replacement of the exterior soffit and doors at the south entrance of Village Hall and exterior doors in the Council Chambers located at 1000 Civic Center Dr.; and
WHEREAS, the Village of Niles has determined that Garland/DBS, Inc., is the lowest qualified bidder as determined by the U.S. Communities bidding process; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Garland/DBS, Inc., will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Garland/DBS, Inc., is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract Resolution 2017- upon receipt by the Village Clerk at least one original copy of the Contract executed by Garland/DBS, Inc.; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055
PROPOSAL
Village of Niles Village Hall 1000 Civic Center Drive Niles, IL 60714 Date Submitted: 7/21/2017 Proposal #: 25-IL-170792 MICPA # 14-5903 Illinois Roofing Contractor License #: 104.015673
Please Note: The following estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible.
Scope of Work: Storefront Entrance (Des Plaines Glass Company) 1 Glass, glazing and aluminum work to remove existing entry and replace. Second Floor Windows (Des Plaines Glass Company) 1 Wet seal all glass windows to the frames with ALL SIL by GARLAND IND. 2 Seal all seams in the aluminum frames with ALL SIL by GARLAND IND. 3 Seal the perimeter joint between the masonry wall and window frame with TUFF STUFF caulking by GARLAND IND. 4 Final sweep clean of job site and haul away of all construction debris. First Floor Steel Doors (Des Plaines Glass Company) 1 Material and labor to remove and replace (2) 3’ x 7’ 10” steel doors and frames, complete with exit only rim panics and surface mount closers Soffit Panels at Entrance (RE Burke Roofing & Sheet Metal Co., Inc.) 1 Furnish and install new flush mounted prefinished metal soffit panel assembly over existing substrate.
* - Prevailing Wage Rates are Included Storefront Entrance - Line Item Pricing
Item # Item Description Unit Price Quantity Unit Extended Price
Labor & Garland Materials - Des Plaines Glass Company $ 39,794.00 1 EA $ 39,794 Sub Total Prior to Multipliers $ 39,794 Additional Repair Options 23.171 Option 1 - Estimating repairs can be done on a labor and material cost plus basis 14% % $ 5,571 TOTAL: $ 45,365
Storefront Entrance: Proposal Price Based Upon Market Experience: $ 45,365
Second Floor Windows - Line Item Pricing
Item # Item Description Unit Price Quantity Unit Extended Price
Labor & Garland Materials - Des Plaines Glass Company $ 2,635.00 1 EA $ 2,635 Sub Total Prior to Multipliers $ 2,635 Additional Repair Options 23.171 Option 1 - Estimating repairs can be done on a labor and material cost plus basis 14% % $ 369 TOTAL: $ 3,004
Second Floor Windows: Proposal Price Based Upon Market Experience: $ 3,004
First Floor Steel Doors - Line Item Pricing
Item # Item Description Unit Price Quantity Unit Extended Price
Labor & Garland Materials - Des Plaines Glass Company $ 8,928.00 1 EA $ 8,928 Sub Total Prior to Multipliers $ 8,928 Additional Repair Options 23.171 Option 1 - Estimating repairs can be done on a labor and material cost plus basis 14% % $ 1,250 TOTAL: $ 10,178
First Floor Steel Doors: Proposal Price Based Upon Market Experience: $ 10,178 Soffit Panels at Entrance - Line Item Pricing
Item # Item Description Unit Price Quantity Unit Extended Price
Labor & Garland Materials - RE Burke Roofing & Sheet Metal Co., Inc. $ 8,275.00 1 EA $ 8,275 Sub Total Prior to Multipliers $ 8,275 Additional Repair Options 23.171 Option 1 - Estimating repairs can be done on a labor and material cost plus basis 14% % $ 1,159 TOTAL: $ 9,434
Soffit Panels at Entrance: Proposal Price Based Upon Market Experience: $ 9,434
Proposal Price Summary Proposal Price (Storefront Entrance): $ 45,365 Proposal Price (Second Floor Windows): $ 3,004 Proposal Price (First Floor Steel Doors): $ 10,178 Proposal Price (Soffit Panels at Entrance): $ 9,434 ^Proposal Price Based Upon Market Experience (TOTAL): $ 67,981
^All options listed above must be awarded simultaneously for the amount of $67,981.00.
Competitive Bid Results (Excluding Soffit Panels) Des Plaines Glass Company $ 58,547 Ajax Construction $ 66,814 Edwin-Anderson Construction Company $ 70,504
Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Proposal pricing valid through 12/31/2017.
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted,
Matt Egan
Matt Egan Garland/DBS, Inc. (216) 430-3662 BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Contractual Agreement with Tria Architecture Inc., to Provide AEC Master Plan and Schematic Design for the Public Services Campuses Located at 6849 and 7104 W. Touhy in the Amount of $48,428 Meeting Date 8/22/2017 Item Number 12
Requested by Mary Anderson, Director of Public Services Action Requested RESOLUTION
Prepared by Tom Powers, Village Engineer Assigned to: Trustee Matyas
ATTACHMENTS: Type Description Department Memo * Contract Explanation Memo Resolution Resolution Agreement * Placeholder _contract Backup Material * Cost Sheet
MOTION I move for Board approval of a resolution authorizing a contractual agreement with Tria Architecture Inc., to provide AEC master plan and schematic design for the Public Service campuses located at 6849 and 7104 W. Touhy in the amount of $48,428.
REASON FOR REQUEST / BACKGROUND The demolition of 7104 W. Touhy will require replacement of various functions. Tria Architecture will provide master planning layout and schematic design services to determine how these functions will be replicated. This is the first phase of a multi-phase architecture and engineering plan.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 4121 Total Amount for Approval $48,428
ACCT# 3810 Budget Amount $200,000
Variance $151,572 for remaining phases RESOLUTION 2017-
RESOLUTION AUTHORIZING A CONTRACTUAL AGREEMENT WITH TRIA ARCHITECTURE, INC., TO PROVIDE AEC MASTER PLAN AND SCHEMATIC DESIGN FOR THE PUBLIC SERVICES CAMPUSES LOCATED AT 6849 AND 7104 W. TOUHY
WHEREAS, the Village determined that it was in need of a AEC Master Plan for Public Services Campuses Schematic Design; and
WHEREAS, Tria Architecture, Inc., was determined to be the best solution for the Village needs after an extensive selection process; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Tria Architecture, Inc., will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Tria Architecture, Inc., is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by the Village Clerk at least one original copy of the Contract executed by Tria Architecture, Inc.;
Resolution 2017- provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60 days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
BOARD AGENDA ITEM EXPLANATION FORM
Resolution Authorizing a Bid Award and Contract with M.E. Simpson Co., Inc. for the 2018 Fire Hydrant Flow Testing Program in the Amount of $51,018.50 Meeting Date 8/22/2017 Item Number 13
Requested by Mary Anderson, Director of Public Services Action Requested RESOLUTION
Prepared by Jack Grana, Utilities Superintendent Assigned to: Trustee Maytas
ATTACHMENTS: Type Description Department Memo * Board Agenda Memo Resolution Resolution Agreement * Contract Exhibit * Hydrant Fire Flow Testing Specs Minutes Bid Minutes Backup Material Bid Tab
MOTION I move for Board approval of a resolution authorizing a bid award and contract with M.E. Simpson Co., Inc. for the 2018 Fire Hydrant Flow Testing Program in the amount of $51,018.50.
REASON FOR REQUEST / BACKGROUND Regular hydrant testing is a significant component of a water supply program. Performing a fire hydrant flow testing provides the actual static pressure, residual pressure, and the flow from the hydrant.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 5030 Total Amount for Approval $51,018.50
ACCT# 3370 Budget Amount $54,000.00
Variance $2,981.50 under budget RESOLUTION 2017-
RESOLUTION AUTHORIZING A BID AWARD AND CONTRACT WITH M.E. SIMPSON CO. INC., FOR THE 2018 FIRE HYDRANT FLOW TESTING PROGRAM
WHEREAS, the Village sought bid proposals for the award of the 2018 Fire Hydrant Flow Testing Program (“Project”); and
WHEREAS, M.E. Simpson Co., Inc., of Valparaiso, Indiana, (“Simpson”), submitted the lowest responsible bid proposal to the Village; and
WHEREAS, the President and Board of Trustees have determined that entering into the Contract with Simpson will serve and be in the best interest of the Village.
NOW, THEREFORE, BE IT RESOLVED that the President and Board of Trustees of the Village of Niles, Cook County, Illinois, do hereby approve the following:
SECTION 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the President and Board of Trustees.
SECTION 2: Authorization of Contract. The Contract between the Village and Simpson is attached to this Resolution as Exhibit A.
SECTION 3: Execution of Contract. The President and Board of Trustees of the Village of Niles authorize and direct the Village Manager, or his designee, to execute the final version of the Agreement, which may contain certain non-substantive and non-financial modifications that are approved by the Village Attorney, and to execute and deliver all other instruments and documents and pay all costs that are necessary to fulfill Niles’s obligations under the Agreement. The Village Clerk shall attest, on behalf of the Village, the Contract upon receipt by the Village Clerk at least one original copy of the Contract executed by Simpson; provided, however, that if the executed copy of the Contract is not received by the Village Clerk within 60
Resolution 2017- days after the effective date of this Resolution, then this authority to execute and attest shall, at the option of the President and Board of Trustees, be null and void.
SECTION 4: Effective Date. This Resolution shall be in full force and effect upon its passage and approval by a majority of the members of the Board of Trustees.
PASSED: This 22nd day of August, 2017 YEAS: NAYS: ABSENT: ABSTAIN:
APPROVED by me this 22nd day of August, 2017.
______President of the Village of Niles Cook County, Illinois
ATTESTED AND FILED in my office this 22nd day of August, 2017, and published in pamphlet form as provided by law in the Village of Niles, Illinois.
______Village Clerk
2
VILLAGE OF NILES
BID TAB
August 9, 2017
FY2018 FIRE HYDRANT FLOW TESTING PROGRAM
TOTAL BID BIDDER YEAR—1 YEAR—2 YEAR—3 AMOUNT
M.E. SIMPSON CO., INC. $51,018.50 $51,935.00 $52,546.00 $155,499.50 Valparaiso, IN
WACHS WATER SERVICES $56,089.80 $56,089.80 $57,800.60 $169.980.20 Buffalo Grove, IL
BOARD AGENDA ITEM EXPLANATION FORM
Board Approval - Authorization of Use of the NJPA Contractual Pricing Pursuant to Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with CIT Trucks for the Purchase of a Tandem Dump Truck and Accessories in the Amount of $248,381 Meeting 8/22/2017 Item Number 14 Date Action REQUEST FOR BOARD APPROVAL Requested Mary Anderson, Director of Public Requested by Services Assigned to: Trustee Matyas Prepared Mike Haws, Fleet Manager by
ATTACHMENTS: Type Description Backup Material * CIT Trucks - Proposal
MOTION I move for Board approval to authorize the use of the National Joint Powers Alliance (NJPA) contractual pricing pursuant to the Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with CIT Trucks for the purchase of a Tandem Dump Truck and Accessories in the amount of $248,381.
REASON FOR REQUEST / BACKGROUND This vehicle is replacing Unit #488, a 2002 tandem dump truck. The accessories include the plow, salt spreader and salt pre-wetting system.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 6120 Total Amount for Approval $248,381
ACCT# 3820 Budget Amount $250,000
Variance $1,619 under budget BOARD AGENDA ITEM EXPLANATION FORM
Board Approval - Authorizing the Extension of the Municipal Partnering Initiative (MPI) Contractual Pricing Pursuant to Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with G & L Contractors, Inc. for Debris Hauling, in the Amount of $72,000 Meeting 8/22/2017 Item Number 15 Date Action REQUEST FOR BOARD APPROVAL Requested Mary Anderson, Director of Public Requested by Services Assigned to: Trustee Matyas Prepared Jack Grana, Utilities Superintendent by
ATTACHMENTS: Type Description Department Memo * Board Explanation Memo Backup Material * Bid Docs and specs Backup Material * G&L Bid Agreement * Proposal/Contract Agreement * Niles Contract Extension
MOTION I move for Board approval authorizing the extension of the Municipal Partnering Initiative (MPI) contractual pricing pursuant to Government Joint Purchasing Act, 30 ILCS 525/0.01, et. seq., with G & L Contractors Inc, for the hauling of various materials both to and from the Public Services yard in the amount of $72,000.
REASON FOR REQUEST / BACKGROUND Debris from Public Services maintenance activities like spoils from underground utility work is stored at Public Services yard until it can be disposed of by the contractor. Crushed stone and sand is delivered and stored at Public Services. This is the first contract extension.
Will this action involve an expenditure of funds? Yes
If yes, is this a budgeted item? Yes
ORG# 5040 Total Amount for Approval $72,000
ACCT# 3380 Budget Amount $72,000
Variance $0 BOARD AGENDA ITEM EXPLANATION FORM
Treasurer's Report - July 2017 Meeting Date 8/22/2017 Item Number Action Requested Requested by Finance Director Assigned to: Trustee LoVerde Prepared by Finance Director
ATTACHMENTS: Type Description Report July 2017 Treasurer's Report
MOTION First motion to approve the accounts payable, including payroll in the amount of $6,172,351 for the month ending July 2017.
Second motion - I move that the Treasurer's Report for the month ending July 31, 2017 be approved and filed for audit with a beginning cash balance of $46,439,185 receipts of $9,241,448 disbursements of $8,336,363 and ending cash balance of $47,344,270.
REASON FOR REQUEST / BACKGROUND
Will this action involve an expenditure of funds?
If yes, is this a budgeted item?
ORG# Total Amount for Approval
ACCT# Budget Amount
Variance