HomeMy WebLinkAbout2017-11-13 AgendaMORTON . GROVE
Incredibly Close '< Amazingly Open
VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
November 13, 2017
6:00 pm
(The hour between 6:00 and 7.00 pm is set aside for Executive Session
per 1-5-7A of the Village of Morton Grove Municipal Code.
If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.)
1. Call to Order
2. Pledge of Allegiance
3. Executive Session
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes Special Meeting — October 17, 2017
8. Special Reports
a. Presentation by American Legion Post #134 Regarding Naval Recruit Thanksgiving Dinner
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal
Conference, Strategic Plan Committee
a. Proclamation — Niles Township Food Pantry Awareness Month — December 2017
12. Clerk's Report — Condominium Association, Strategic Plan Committee
13. Staff Reports
a. Village Administrator
1) Reminder of the December 25, 2017, Village Board meeting cancellation
2) Budget Review and Updates
3) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Building Department, Community and Economic Development Department,
Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission,
Traffic Safety Commission (Trustee Minx)
1) Ordinance 17-27 (Introduced October 23, 2017) (Second Reading)
Authorizing an Economic Incentive and Tax Increment Allocation Financing
Redevelopment Agreement ("RDA") By and Between the Village and Lexington Homes,
LLC
b. Trustee Minx — Capital Projects, Chamber of Commerce, Natural Resource Commission, Plan
Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear)
c. Trustee Ramos — Appearance Commission, Environmental Health, IT, Legal Department
(Trustee Travis)
d. Trustee Thill — Advisory Commission on Aging, Emergency Management Agency, Family and
Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC
(Trustee Witko)
e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance
Advisory Commission, Finance Department (Trustee Ramos)
1) Ordinance 17-28 (Introduced November 13, 2017) (First Reading)
Adopting the Budgets for All Corporate Purposes of the Village and the Morton Grove
Library, Cook County, Illinois for the Calendar Year Effective January 1, 2018 and
ending December 31, 2018
2) Ordinance 17-29 (Introduced November 13, 2017) (First Reading)
Levying and Assessing Taxes for the Village, Cook County, Illinois for Fiscal Year
Beginning January 1, 2017 and Ending December 31, 2017
f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police
Commission, NIPSTA, Police Department, Police Pension Board, Water Commission (Trustee
Thill)
1) Ordinance 17-30 (Introduced November 13, 2017) (First Reading)
Amending Title 5, Chapter 8, Section 7 to be Newly Titled "Permits for Vehicles
Exceeding Size and Weight Limits" of the Municipal Code of the Village of Morton
Grove
15. Other Business
16. Presentation of Warrants $755,403.65
17. Residents' Comments
18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate
19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities
who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220)
promptly to allow the Village to make reasonable accommodations.
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MORTON GROVE
Incredibly Close ?( Amazingly Open
MINUTES OF THE OCTOBER 17, 2017
SPECIAL MEETING/ BUDGET WORKSHOP OF THE BOARD OF TRUSTEES
RICHARD T. FLICKINGER CENTER 6101 CAPULINA
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to
order at 6:05 p.m. by Mayor Daniel P. DiMaria who led the assemblage in the pledge of allegiance. Clerk
Eileen Scanlon Harford called the roll. In attendance were:
Elected Officials: Mayor Daniel P. DiMaria, Trustees Bill Grear, Janine Witko, John Thill, Rita Minx,
Ed Ramos, and Connie Travis, and Clerk Eileen Scanlon Harford.
Absent: None
Village Staff :
Village Administrator Ralph E. Czerwinski, Assistant to the Village Administrator
Tom J. Friel, Corporation Counsel Teresa Hoffman Liston, Finance Director Hanna
Sullivan, Public Works Director Andy DeMonte, Assistant Public Works Director Joe
Dahm, Public Works Supervisor Paul Tobin, Police Chief Mike Simo, Fire Chief
Frank Rogers, IT Manager Boyle Wong, Village Engineer Chris Tomich,
Guests: None
Village Administrator Czerwinski reviewed the presentation from October 10, 2017, including the 2018
budget priorities. He noted the kitchen at Fire Station 4 needed updating, private sanitary sewers were
scheduled to be replaced, and stress on the budget was reactive to current conditions with emphasis on
stabilizing the Village's bond rating and contributing a greater percentage to the public pension.
Mr. Czerwinski reviewed staffs request for a property tax increase in large part to partially make up for
state budget cuts, expected to be $376,773 for 2018. The Village Administrator opined these revenue cuts
would be permanent. He also noted all fees would be looked at, and in the future, the Village would pre-
pare a single fee ordinance which would list all fees in one code section.
Mr. Czerwinski then presented and reviewed the Enterprise Funds. The Sewer account showed an in-
crease of $408,550 due to the Oakton Street improvement project. The Water account showed a $317,505
decrease. The Administration budget increased by $125,829 due to increased pension costs. Alarm fund
expenditures increased due to a reallocation of salaries. The Capital Projects budget decreased by
$1,313,400 as funds in the 2015 bond have been exhausted. No resurfacing will occur in 2018, but Austin
Avenue and many streets will be replaced and paid for by the Morton Grove -Niles Water Commission as
part of its Transmission Main and Facility Improvement Project. The Debt Service Fund decreased by
$578,932 due to the retirement of the Waukegan Road General Obligation Bonds which will be paid off in
part by transferring funds from healthier TIF districts. The E911 fund increased by $50,000 to pay Central
Dispatch expenses. The Morton Grove Days funds was essentially balanced as revenues were expected
to match expenditures. In total, the General fund showed a decrease of $103,869 predominately due to
decreased street resurfacing.
Mr. Czerwinski noted the budget for the TIF funds were more realistic. In the past, the TIF budget showed
expenditures for projects not likely to occur in the budget year. This year's budget reflected a more bal-
anced approach. The Waukegan Road TIF budget has been reduced by $791,434 as no debt serve
6101 Capulina Avenue At Morton Grove, IL 60053-2985
Tel: 847 965-4100 www.mortongroveil.org =' Fax: 847 9654162 Recycled raper
payment will be due. Trustee Thill asked if budget reflected transfers to the Waukegan Road TIF. Mr.
Czerwinski replied "no" as the fund transfers will be made in 2017. Mr. Czerwinski also noted he was in-
vestigating the pros and cons of ending TIF early.
Trustee Witko asked staff to address additional revenue opportunities, possibly charging the Chamber of
Commerce for use of its space. A general discussion ensued about finding a fair allocation.
Mr. Czerwinski and Ms. Sullivan then explained more revenue had been allocated to the pension funds to
reflect probable expenditures and increased contributions for investments. He noted a major concern of
Moody's in setting the Village's bond rating was the level of pension funding.
Tom Friel discussed health care benefits and cost projections. He distributed a one page summary of the
plans and benefits provided to employees. Uncertainty relating to the Affordable Care Act creates volatility
and apprehension among venders. The Village joined IPBC a cooperative/pool of 72 communities to self -
insure and purchase stop gap insurance. The PBC analyzes market place, makes recommendation and
charges a fee to cover Village costs. Contribution is set annually by the IPBC and will increase in 2018 due
to the Village's experience modifier and market increases. The Village's current plans provide different
benefits for represented and non -represented employees. Currently the PPO plan for non -represented
employees is more favorable than that for the represented, and hence more expensive to the Village. Staff
is recommending eliminating the PPO plan currently used by the unrepresented employees, who will then
have the same plan as the represented employees, and eliminating the more expensive HMO plan. Em-
ployees pay 10% of the premiums for the plans. By eliminating the more expensive PPO plan, the employ-
ee premium costs will not go up, but deductibles, out-of-pocket, and prescription costs will increase. The
HMO costs will increase by about $4.00 per month. The net effect will save the Village $50,000 to $60,000
(off projected increases) with a minimal impact on employees. He also noted employees could also chose
less expensive plans with less coverage.
Mr. Czerwinski then excused staff. Mr. Friel then lead a discussion on employee compensation. A year
ago, the Board asked staff to investigate merit pay. Staff looked at several situations during the past year,
and looked at neighboring communities and others who have tried to implement merit pay. Benefits could
include costs controls, and increased customer services. Negatives include subjectivities, difficult to set
measurement, perception of disparate treatment, or discrimination. He noted it is difficult to measure
things like attitude. Staff reviewed other municipal merit pay models and found a few examples, which
were mostly for non-union employees. Evanston, Glenview, and Buffalo Grove have some form of merit
pay; under these models there is a base pay increase for everyone, and with increased pay over that
based on merit. Increased pay is pensionable. Some employers use a bonus system. He then discussed
a proposed solution. Noting the average employee salary was $80,000, 1% is $800 per employee or
$60,000 for all employees. He then proposed an employee safety and recognition program which would
give each department funds for training and employee relations and give incentive for people to perform at
a high level.
Trustee Ramos questioned whether incentives would be an additional expense. Mr. Czerwinski stated his
focus would be to "follow the money". He also had concerns the program could be fracturing. His focus
would be to invest funds to improve customer service, increase safety, and reduce health insurance costs.
A discussion then ensued. Trustee Minx talked about the benefits of training in the Village of Skokie.
Mayor DiMaria noted many of our employees had never had training.
Mr. Czerwinski then reviewed salary increases from other Villages which ranged from 2.0% to 2.25%. The
CPI for the area was 1.8%. Mr. Czerwinski recommended a 1.75% increase and allocated funds for train-
ing. A general discussion then ensued.
Mr. Czerwinski stated all budget topics had been discussed, and there probably not be a need for an add
tional workshop.
2
There being no further business, Trustee ThiII moved to adjourn the budget workshop. The motion was
seconded by Trustee Minx and approved unanimously pursuant to a voice vote at 7:44 p.m.
Respectfully Submitted
Eileen Scanlon Harford
Village Clerk
3
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Village of Morton Grove
WHEREAS, as Thanksgiving approaches, we are grateful our country is rich in caring citizens who
establish and maintain food pantries which serve people in time of need; and
WHEREAS, many struggling families work hard for themselves and their families in the hopes of
building a better future and these families deserve the opportunity to succeed particularly for their children;
and
WHEREAS, now is the perfect time to educate Morton Grove residents and businesses that many
households face food insecurity on a daily basis and that 1 in 3 high school students in District 219 arc found
to go to bed hungry and go to school each day without enough food in their stomachs; and
WHEREAS, it is important to educate everyone, bring awareness, and advocate on behalf of those
who are hungry, particularly children; and
WHEREAS, the Niles Township Food Pantry provides assistance to roughly 1,800 households in our
area and distributes 100,000 pounds of food each month to families in need; and
WHEREAS, the Niles Township Food Pantry and food pantries around the country deserve the
thanks and cooperation of all residents as they work tirelessly to help stamp out hunger.
NOW, THEREFORE, I, Daniel P. DiMaria, Mayor of the Village of Morton Grove, Illinois, do
hereby proclaim December 2017, as
NILES TOWNSHIP FOOD PANTRY AWARENESS MONTH
in Morton Grove because no one deserves to go hungry, especially our children. Look for donation canisters
this holiday season and give generously so everyone has enough to eat this holiday season and throughout
this coming year.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to
be affixed the seal of the Village of Morton Grove.
Daniel P. DiMaria, Village President
Legislative Summary
Ordinance 17-27
AUTHORIZING AN ECONOMIC INCENTIVE AND TAX INCREMENT ALLOCATION
FINANCING REDEVELOPMENT AGREEMENT ("RDA") BY AND BETWEEN THE VILLAGE
OF MORTON GROVE AND LEXINGTON HOMES, LLC
October 23, 2017
This ordinance will authorize an economic incentive and tax increment allocation financing redevelopment
agreement ("Agreement") with Lexington Homes, LLC and the Village for a new townhome development on
a two acre vacant development site located at the southwest corner of Capulina and Ferris Avenues.
Between 2005 and 2009 the Village acquired this property and demolished the structures. Environmental
hazardous conditions remain in the underlying soil which has deterred redevelopment of this site. Lexington
Homes, LLC has submitted a proposal to purchase the property and develop a 26 -unit townhome community
in a total of seven buildings. Those units will consist of either 2 bedrooms plus den or 3 bedrooms, all with
2.5 baths and 2 car garages. Per Ordinance 17-24 the Village has granted a special use permit for the
development. The developer has stated this project is not economically feasible unless the Village provides
fmancial assistance pursuant to the TIF Act (65 ILCS 5/11-74.4-3(q) to help pay for certain preparations and
environmental remediation costs. This development is anticipated to achieve some of the long-term
objectives of the Lehigh/Ferris TIF Redevelopment Plan including:
1. The removal of a vacant, obsolete and deteriorated industrial building and the remediation of
environmentally contaminated land to residential level safety standards.
2. Return the l2 tax-exempt parcels back to the tax rolls producing approximately $395,000 in annual
property taxes upon full valuation and over $4.2 million over the next ten years.
3. 36 new townhomes will be added to the mix of housing options available to residents thereby furthering
the transit oriented objectives of the Lehigh/Ferris Framework Plan. This project will also fit within the
density and design standards of the CR -zoning district.
4. The creation of full and part-time construction jobs during the construction of the development.
The Village and the developer have negotiated an agreement (RDA) which provides:
1. The Village will sell the property to the developer for $710,000.
2. The developer will construct the development in accordance to the terms and conditions set forth in the
special use ordinance and pursuant to the terms of the RDA.
3. The Village will pay up to $900,000 for environmental remediation costs incurred by the developer.
4. The Village will pay up to $537,000 to bury certain utility wires underground.
5. The Village will reimburse the developer up to $268,000 for TIF eligible expenses incurred by the
developer which will be paid from incremental property taxes generated by the development.
This Ordinance will approve the Redevelopment Agreement.
Introduced:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
espectfully submitted:
Ralph
Administration, Community and Economic Development, Finance and Legal
The development will generate approximately $4.2 million over the next ten years in property taxes, for the
benefit of the Village and other taxing bodies.
Community and Economic Development, Finance and Legal will administer as part of their regular duties.
Approval as presented
November 13, 2017
None
Reviewed by:
Nancy M.
adzevich
dministrator
Prepared by:
Teresa Hoffman Liston, Corporation Counsel
ity & Economic Development Director
Reviewed by:
Hanna Sullivan, Finance Director
ORDINANCE 17-27
AUTHORIZING AN ECONOMIC INCENTIVE AND TAX INCREMENT
ALLOCATION FINANCING REDEVELOPMENT AGREEMENT ("RDA")
BY AND BETWEEN THE VILLAGE OF MORTON GROVE
AND LEXINGTON HOMES, LLC
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village has the authority pursuant to the laws of the State of Illinois to
promote the health, safety, and welfare of the Village and its residents, to prevent the spread of blight,
to encourage private development to enhance the local tax base, to increase employment, and to enter
into contractual agreements with developers and redevelopers for the purpose of achieving such
objectives; and
WHEREAS, the Village is authorized under the provisions of Article VII, Section 10 of the
State of Illinois Constitution, 1970, to contract and otherwise associate with individuals, associations,
and corporations in any manner not prohibited by law; and
WHEREAS, the Village is authorized under the provisions of the Tax Increment Allocation
Redevelopment Act, as amended, 65 ILCS 5/11-74.4-1 et seq. ("the Act"), to convey and finance
redevelopment projects in accordance with and pursuant to the Act; and
WHEREAS, the Village is authorized under the provisions of the Illinois Municipal Code 65
ILCS 5/8-11-20 to enter into an economic incentive agreement relating to the development or
redevelopment of land within the corporate limits of the municipality; and
WHEREAS, On January 24, 2000, the Village, pursuant to and in accordance with the Act,
adopted (i) Ordinance No. 00-01 approving a Tax Increment Redevelopment Plan and a Tax Increment
Redevelopment Project, (ii) Ordinance No. 00-02 designating a Tax Increment Redevelopment Project
Area, and (iii) Ordinance No. 00-03 adopting Tax Increment Allocation Financing (collectively, "TIF
Ordinances"), which established the Lehigh Ferris Tax Increment Finance Redevelopment Project
Area ("TIF District"); and
WHEREAS, The Village is the owner of a 2.0 -acre vacant development site located at the
southwest corner of Capulina and Ferris Avenue and legally described in Exhibit A (the "Property");
and
1
WHEREAS, the Property is located entirely within the corporate limits of the Village, in the
CR Commercial Residential Zoning District and the TIF District; and
WHEREAS, the Property was formerly occupied by industrial and commercial uses, that closed
more than two decades ago. Between 2005 to 2009, the Village acquired the Property and demolished
the existing structures on the site. Environmental hazardous conditions remain in the underlying soil,
the unknown extent to which has dissuaded previous redevelopment of the site; and
WHEREAS, the Village does and continues to seek proposals for the Property by advertising
the property for sale, to qualified buyers who will develop the property in a manner which will achieve
the objectives of the redevelopment plan and project. Reasonable opportunities have been and
continue to be offered for anyone wishing to make an alternative bid for this Village property; and
WHEREAS, Lexington Homes, LLC, (the "Developer") has submitted a proposal to purchase
the Property and develop it as a 36 -unit townhome community in a total of seven (7) buildings. The
units will consist of 2 -bedroom plus den and 3 -bedrooms, all with 2.5 baths and 2 car garages (`the
Development"); and
WHEREAS, the Developer pursuant to Ordinance 17-24, has been granted a special use permit
for the Development; and
WHEREAS, the Developer has requested the Village pay for certain Redevelopment Project
Costs (as defined here, in the TIF Act, 65 ILCS 5/11-74.4-3(q), including certain site preparation and
environmental remediation costs, all of which will serve a public purpose and are necessary to foster
redevelopment of the Property, and
WHEREAS, it is economically infeasible for the Developer to undertake the Development
without certain assistance from the Village pursuant to the TIF Act which the Village has been, and
continues to be, willing to provide under certain terms and conditions; and
WHERAS, the Corporate Authorities fmd the Development will achieve some of the long-term
objectives of the Lehigh Ferris TIF Redevelopment Plan including:
a) The removal of a vacant, obsolete and deteriorated industrial building and the remediation
of environmentally contaminated land to residential level safety standards.
b) Returning 12 tax-exempt parcels to the tax rolls, producing approximately $395,000 in
annual property taxes upon full valuation, and over $4.2 million over the next 10 years.
c) Adding 36 new townhomes that adds to the mix of housing options available to residents
and furthers the transit oriented objectives of the Lehigh Ferris Framework Plan and fits
with density and design standards of the CR -Zoning district.
d) Creating full and part-time construction jobs during the construction of the Development.
WHEREAS, the Village and the Developer have negotiated, subject to Board approval, an
Economic Incentive and Tax Increment Allocation Financing Redevelopment Agreement ("RDA"), a
copy of which is attached hereto as Exhibit B whereby:
a) The Village of Morton Grove shall sell the Developer the Property for $710,000;
b) The Developer shall construct the Development in accordance to the terms and conditions
set forth in the Special Use Ordinance and pursuant to the terms of the RDA;
c) The Village shall pay up to $900,000 for environmental remediation costs incurred by the
Developer;
d) The Village shall pay up to $537,000 to bury certain utility wires underground; and
e) The Village will reimburse the Developer for up to $268,000 in TIF eligible expenses
incurred by the Developer to be paid from incremental property taxes generated by the
Development, and
WHEREAS, the Village has and continues to actively solicit proposals from other developers
for the development of the Property and to date, the proposal that best meets the goals and objective of
the Lehigh Ferris TIF Redevelopment Plan, was the proposal from the Developer; and
WHEREAS, the Corporate Authorities find the development of the Village's property pursuant
to the terms and conditions of the RDA is an important project which achieves the objectives of the
redevelopment plan and project of the TIF; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein making the findings as hereinabove set
forth.
SECTION 2: Notice is hereby given that unless the Village receives and accepts an alternative
proposal for the sale of the Village properties pursuant to terms and conditions more favorable than
those set forth in this ordinance, the Corporate Authorities hereby intends to sell the Property to the
Developer and to approve and execute an RDA with Lexington Homes, LLC pursuant to the terms and
conditions set forth above on November 13, 2017.
SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to
attest to the RDA between the Village of Morton Grove and Lexington Homes, LLC consistent with
3
the terms and conditions set forth in Exhibit B which may contain certain non -substantive and non-
financial modifications that are approved by the Village Administrator and Corporation Counsel.
SECTION 3: The Village Administrator or his designee is authorized to take all steps
necessary to finalize the terms and conditions of the RDA, implement and administer the RDA, and is
authorized to execute all contracts, deeds, and other documents necessary to comply and implement
said agreement.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage by the
Corporate Authorities and approval in a manner provided by law.
PASSED THIS 13th DAY OF November 2017
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 13th DAY OF November 2017
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 14`h DAY OF November 2017
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
4
STATE OF ILLINOIS
SS
COUNTY OF COOK
EXHIBIT "A".
SURVEY FOR LEXINGTON WALK, LLC
1731 NORTH MARCEY STREET, #200
CHICAGO, ILLINOIS 60614
I, JEFFREY W. GLUNT, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED AND
RESUBDIVIDED THE FOLLOWING DESCRIBED PROPERTY:
PARCEL 1:
LOTS 1 & 2 IN THE SUBDIVISION OF THAT PART OF LOT 45 OF COUNTY CLERK'S DIVISION OF SECTION 20
AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 13
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE CHICAGO, MILWAUKEE, SAINT PAUL &
PACIFIC RAIL ROAD, RIGHT-OF-WAY, EXCEPTING A TRACT DESCRIBED AS, COMMENCING 1293.15 FEET
SOUTH AND 171.6 FEET EAST OF THE NORTHWEST CORNER OF SECTION 20 HENCE SOUTH PARALLEL
WITH THE WEST LINE OF SECTION 20. 295.6 FEET TO THE CENTER OF MILLER'S MILL ROAD: THENCE
NORTH 66 DEGREES 9 MINUTES WEST ALONG CENTER OF ROAD, 29.4 FEET TO THE EAST LINE OF
RAILROAD, THENCE NORTHWESTERLY ALONG EASTERLY LINE OF RAILROAD, TO A POINT DUE WEST OF
THE PLACE OF BEGINNING (BEING ON A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION 20)
THENCE EAST 142.5 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, AND 11 IN BLOCK 1 IN BINGHAM AND FERNALD'S MORTON GROVE
SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 40 OF COUNTY CLERK'S DIVISION OF SECTION 20
AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19 (EXCEPT A TRACT 200 FEET NORTH &
SOUTH BY 118.9 FEET EAST & WEST AT THE SOUTHWEST CORNER OF SAID LOT 40, IN COOK COUNTY,
ILLINOIS.
PARCEL 3:
THAT PART OF THE PUBLIC ALLEY ESTABLISHED BY BINGHAM AND FERNALD'S MORTON GROVE
SUBDIVISION LYING WEST OF BLOCK 1 IN SAID SUBDIVISION, BEING A SUBDIVISION IN SECTION 20 AND
SECTION 19, ALL IN TOWNSHIP 41 NORTH RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3, 1891, AS DOCUMENT NUMBER 1443602,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 1: THENCE SOUTH 00 DEGREES 59 MINUTES 06
SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK, 256.09 FEET; THENCE NORTH 89 DEGREES 00
MINUTES 54 SECONDS WEST, 16.00 FEET TO THE WEST LINE OF SAID PUBLIC ALLEY; THENCE NORTH 00
DEGREES 59 MINUTES 06 SECONDS EAST ALONG SAID WEST LINE, 255.63 FEET TO THE WESTERLY
EXTENSION OF THE NORTH LINE OF AFORE SAID BLOCK 1; THENCE NORTH 89 DEGREES 20 MINUTES 45
SECONDS EAST ALONG SAID WESTERLY EXTENSION, 16.01' TO THE POINT OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
PARCEL 4:
THAT PART OF THE AREA DEDICATED FOR STREETS, SIDEWALKS, DRAINAGE, VILLAGE OWNED UTILITIES,
AND PUBLIC UTILITIES DEDICATED BY THE CROSSINGS OF MORTON GROVE, A PLANNED UNIT
DEVELOPMENT, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 19 AND PART
OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 2006 AS DOCUMENT
NUMBER 0607544008, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN THE SUBDIVISION OF PART OF LOT 45 OF COUNTY
CLERKS DIVISION IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 11, 1930, AS DOCUMENT NUMBER
10702094; THENCE NORTH 21 DEGREES 30 MINUTES 20 SECONDS WEST ALONG THE NORTHERLY RIGHT-
OF-WAY LINE OF THE CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD (METRA MILWAUKEE
NORTH DISTRICT LINE) 35.31 FEET TO THE SOUTH LINE OF LOT 2 IN SAID CROSSINGS OF MORTON GROVE
SUBDIVISION; THENCE NORTH 89 DEGREES 20 MINUTES 45 SECONDS EAST, ALONG SAID SOUTH LINE,
72.73 FEET; THENCE SOUTH 00 DEGREES 39 MINUTES 15 SECONDS EAST, 6.00 FEET; THENCE
SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 60.00 FEET, AN
ARC DISTANCE OF 28.01 FEET, THE CHORD OF SAID ARC HAVING A LENGTH OF 27.75 FEET AND A
BEARING OF SOUTH 14 DEGREES 01 MINUTES 33 SECONDS EAST TO THE NORTH LINE OF AFORESAID LOT
1: THENCE SOUTH 89 DEGREES 20 MINUTES 45 SECONDS WEST, ALONG SAID NORTH LINE, 66.58 FEET TO
THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
IN THE MANNER REPRESENTED ON THE PLAT HEREON DRAWN AND THAT SAID PLAT IS CORRECT
REPRESENTATION OF SAID SURVEY AND RESUBDIVISION. DIMENSIONS ARE SHOWN IN FEET AND
DECIMAL PARTS THEREOF.
I DO HEREBY FURTHER CERTIFY THAT UPON COMPLETION OF CONSTRUCTION, IRON PIPES AT ALL
INTERIOR LOT CORNERS AND POINTS OF CHANGE IN ALIGNMENT WILL BE SET, AS REQUIRED BY THE PLAT
ACT (765 ILCS 205.0.01 ET SEQ.). I FURTHER CERTIFY THAT ALL EXTERIOR CORNERS OF THE SUBDIVISION
HAVE BEEN MONUMENTED PRIOR TO RECORDATION OF THE SUBDIVISION PLAT AND THAT CONCRETE
MONUMENTS HAVE BEEN SET AS REQUIRED.
I FURTHER CERTIFY THAT THE ABOVE DESCRIBED PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE
VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS WHICH HAS ADOPTED A COMPREHENSIVE CITY
PLAN AND IS EXERCISING THE SPECIAL POWER AUTHORIZED BY DIVISION 12 OF ARTICLE 11 OF THE
ILLINOIS MUNICIPAL CODE.
I FURTHER CERTIFY THAT BASED ON INFORMATION PROVIDED ON THE FLOOD INSURANCE RATE MAP
COMMUNITY- PANEL NO. 17031CO241J DATED AUGUST 19, 2008, PRODUCED BY THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) FOR COOK COUNTY, ILLINOIS, THE PROPERTY SHOWN AND
DESCRIBED HEREON 15 LOCATED WITHIN ZONE X, WHICH IS DEFINED BY FEMA AS "AREAS DETERMINED
TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN".
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A
BOUNDARY SURVEY.
SCHAUMBURG, ILLINOIS MAY 25, 2017.
BY:
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3695
HAEGER ENGINEERING LLC
ILLINOIS PROFESSIONAL DESIGN FIRM NO. 184-003152
CONSULTING ENGINEERS AND LAND SURVEYORS
100 E. STATE PARKWAY, SCHAUMBURG, ILLINOIS 60173
TEL: 847/394-6600 FAX: 847/394-6608
THIS INSTRUMENT PREPARED BY:
AND AFTER RECORDING
RETURN TO:
Teresa Hoffman Liston
Corporation Counsel
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, II, 60053
This Space for Recorder's Use Only
EXHIBIT "B"
REDEVELOPMENT AGREEMENT
BETWEEN
THE VILLAGE OF MORTON GROVE,
AND
LEXINGTON HOMES, LLC
DATED AS OF , 2017
REDEVELOPMENT AGREEMENT
THIS REDEVELOPMENT AGREEMENT ("Agreement") is made as of the _ day of 2017, and is
by and between the VILLAGE OF MORTON GROVE, an Illinois home rule municipal corporation
("Village"); and LEXINGTON HOMES, LLC., an Illinois limited liability company ("Developer").
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in this
Agreement, and pursuant to the Village's home rule powers, the parties hereto agree as follows:
SECTION 1. RECITALS.
A. The Village is a home rule unit by virtue of the provisions of the 1970 Constitutions of
the State of Illinois.
B. The Village, as of the Effective Date, is the owner of a 2.0 -acre vacant development site
located at the southwest corner of Capulina and Ferris Avenue and legally described in Exhibit A (the
"Property").
C. The Property is located entirely within the corporate limits of the Village and is in the C1
General Commercial District.
D. The Property was formerly occupied by industrial and commercial uses, that closed
more than two decades ago. Between 2005 to 2009, the Village acquired the Property and demolished
the existing structures on the site. Environmentally hazardous conditions remain in the underlying soil,
the unknown extent to which has dissuaded previous redevelopment of the site.
E. The Village has the authority, pursuant to the laws of the State of Illinois, to promote
the health, safety, and welfare of the Village and its inhabitants, to prevent the spread of blight, to
encourage private development to enhance the local tax base, to increase employment, and to enter
contractual agreements with third parties to achieve these purposes.
F. The Village is authorized under the provisions of the Tax Increment Allocation
Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as amended, ('?IFAct") to finance redevelopment in
accordance with the conditions and requirements set forth in the TIF Act.
G. To stimulate and induce redevelopment pursuant to the TIF Act, the Village has, after
giving all notices required by law and after conducting all public hearings required by law, adopted the
TIF Ordinances (as defined herein).
H. Developer desires and seeks purchase the Property and develop it as a 36 -unit
townhome community in a total of seven (7) buildings. The units will consist of 2 -bedroom plus den and
3 -bedrooms, all with 2.5 baths, 2 car garages, fee simple ownership, and a homeowner's association
(HOA) to manage all common elements. The Developer proposes to start construction in the Fall of
2017, complete construction by October 2019, and complete all sales by October 2019.
I. The Developer seek approval of, and has filed an application for, a special use permit
("Special Use") for the Property.
J. Pursuant to public notice published in the Pioneer Press on June 1, 2017, a public
hearing was held by the Plan Commission on June 19, 2017, to consider the Developer's request for (i)
approval of a Special Use; and (ii) any such other variations, waivers and zoning relief as may be
LEXINGTON SITE B RDA 10-19-17
necessary to accomplish the development and use of the Property as requested by the Developer
(collectively, "Requested Relief'). The Plan Commission made its recommendation to approve the
Requested Relief on June 19, 2017.
K. The Developer has requested that the Village pay for certain Redevelopment Project
Costs (as defined here, in the TIF Act, 65 ILCS 5/11-74.4-3(q), including certain costs of property
acquisition, site preparation, environmental remediation, demolition, and construction of certain
Improvements, all of which will serve a public purpose and are necessary to foster redevelopment of the
Property.
I. It is necessary for the successful completion of the Development that the Village enter
into this Agreement with the Developer.
M. It is economically infeasible for the Developer to undertake the Development, and the
Developer thus is unable to undertake the redevelopment of the Property, without certain assistance
from the Village pursuant to the TIF Act which the Village has been, and continues to be, willing to
provide under the terms and conditions contained in this Agreement.
N. The Developer, after due and careful consideration and with advice and input from
their own legal counsel, have agreed to subject the Property to the terms, provisions, and conditions of
this Agreement.
O. The Corporate Authorities, after due and careful consideration, have concluded that
granting the requested relief for the Development on the Property pursuant to and in accordance with
this Agreement would further enable the Village to control the development of the area and would
serve the best interests of the Village.
P. The Corporate Authorities find that the Development will achieves some of the long-
term objectives of the Lehigh Ferris TIF Redevelopment Plan by:
a) The removal of a vacant, obsolete and deteriorated industrial building and the remediation of
environmentally contaminated land to residential level safety standards.
b) Returning 12 tax-exempt parcels to the tax rolls, producing approximately $395,000 in annual
property taxes upon full valuation, and over $4.2 million over the next 10 years.
c) Adding 36 new townhomes that adds to the mix of housing options available to residents and
furthers the transit oriented objectives of Lehigh Ferris Framework Plan and fits with density
and design standards of the CR -Zoning district.
d) Creating full and part-time construction jobs during the construction of the Development.
Q. The Village and the Developer desire that the Property be developed, used, operated
and maintained only in compliance with this Agreement.
SECTION 2. DEFINITIONS; RULES OF CONSTRUCTION.
A. Definitions. Whenever used in this Agreement, the following terms shall have the
following definitions:
"Common Improvements": Those certain Improvements that will be privately owned but of
common or general benefit to the Development, including parking lots and vehicular access ways in
accordance with approved engineering plans; Storm Water Facilities, private water system (pipes,
LEXINGTON SITE B RDA 10-19-17
valves, fire hydrants, and related system improvements including hook-ups to the public water system),
private sanitary sewer system (pipes, manholes, lift stations, and related system improvements,
including hook up to the public sewer), private walkways, landscaping, grading and related site
preparation work, erosion and sediment controls during the various phases of site development
(including site and lot grading, construction entrances, diversion dikes, silt fences, sediment traps,
seeding and site stabilization); and other special environmental protection measures which are a
component of the engineering Final Plans.
"Corporate Authorities": The President and Board of Trustees of the Village.
"Development": Defined in Section 4.A of this Agreement
"Effective Date": The date of execution of this Agreement by all parties hereto, which date shall
be deemed to be the date set forth in the first paragraph of Page 1 of this Agreement.
"Final Plans and Elevations": Defined in Section 6.A. After approval by the Village Administrator
or his designee, the Final Plans shall, automatically and without further action by the Corporate
Authorities, be deemed to be incorporated in, and made a part of, this Agreement and shall, for all
purposes in this Agreement, replace and supersede the Preliminary Plans.
"Improvements": Except as specifically excepted in this definition, all of the public and private
improvements and facilities necessary to serve the Property, including, without limitation, all other
storm water detention facilities, water mains, storm sewers, sanitary sewers, parking lots, lighting,
sidewalks, access driveways, parkways, rough and final grading, trees, sod, seeding, and other
landscaping, and all other improvements required pursuant to this Agreement, the Preliminary Plans or
the Final Plans, and the Requirements of Law.
"Incremental Property Taxes": An amount equal to (i) the ad valorem taxes, if any, arising from
the taxes levied upon the Property, which taxes are attributable to the increases in the then current
equalized assessed valuation ("EAV") of each taxable lot, block, tract, or parcel in the Property over and
above the total Initial EAV of each such lot, block, tract, or parcel of real property, all as determined by
the County Clerk of Cook County, Illinois, pursuant to and in accordance with the TIF Act, the TIF
Ordinances and this Agreement, minus (ii) any required payments to other taxing districts, including
those made pursuant to 65 ILCS 5/11-74.4-3(q)(7.5 and 7.7) and further minus (iii) any amounts
returned (or which would be subject to return) to Developer pursuant to any appeal, objection or other
proceeding that reduces the assessed valuation of the Property or the amount of ad valorem taxes paid
on the Property during the Term, and minus (iv) any other amounts required to be paid by
Requirements of Law, when such taxes are collected and paid to and received by the Treasurer of the
Village for deposit in the TIF Fund.
"Initial EAV": The "initial equalized assessed value" (as defined in Section 11-74.4-9 of the TIF
Act) of the Property.
"Municipal Code": The Municipal Code of Morton Grove, as the same has been and may, from
time to time hereafter, be amended.
LEXINGTON SITE B RDA 10-19-17
"Person": Any corporation, partnership, limited liability company, individual, joint venture,
trust, estate, association, business, enterprise, proprietorship, or other legal entity of any kind, either
public or private, and any legal successor, agent, representative, or authorized assign of the above.
"Plan Commission": The Plan Commission of the Village, established by Section 2-5-1 of the
Municipal Code.
"Preliminary Plans": The following preliminary plans and elevations:
A. Site Plan, submitted by Haeger Engineering, dated May 24, 2017;
B. Fire Truck Turning Exhibit, submitted by Haeger Engineering, dated May 24, 2017;
C. Lexington Walk Final Plat of Subdivision, submitted by Haeger Engineering, dated May
25, 2017
D. Lexington Walk Preliminary Engineering Plans submitted by Haeger Engineering, dated
May 24, 2017
E. Sales Trailer Exhibit, submitted by Haeger Engineering, dated May 24, 2017
F. Off-site Sign Exhibit, submitted by Haeger Engineering, dated May 24, 2017
G. Preliminary Landscape Plan, submitted by Krogstad Land Design Limited, dated May 26,
2017
H. Summary of Traffic and Parking Evaluation, submitted by KLOA Inc., dated May 24, 2017,
revised June 12, 2017
I. Photometric Plan, submitted by Legacy Design Inc., dated May 26, 2017
J. Colored Elevations and Floor Plans, submitted by BSB, dated May 30, 2017
K. Preliminary Stormwater Management Report, submitted by Haeger Engineering, dated
May 31, 2017
L. Colored Site Plan, submitted by Krogstad Land Design Limited, dated May 26, 2017
"Property": That certain tract of land consisting of a 2.0 -acre vacant development site located
at the southwest corner of Capulina and Ferris Avenue and legally described in Exhibit A.
"Public Improvements": Those certain Improvements located or to be located on public
property or public rights-of-way or within easements to the Village or another governmental entity.
"Special Use Ordinance": Ordinance 17-24 attached hereto as Exhibit B approved and adopted
by the Corporate Authorities on September 11, 2017 approving a Special Use permit for a PUD
governing the development of the Property, and granting certain waivers from the requirements of the
Unified Development Code.
"Redevelopment Project Costs": Costs defined as "Redevelopment Project Costs" in the TIF Act,
65 ILCS 5/11-74.4-3(q).
"Requirements of Law": All applicable federal, state, and Village laws, statutes, codes,
ordinances, resolutions, rules and regulations.
"Site Restoration": Defined in Section 7.D.1 of this Agreement.
"Storm water Facilities": The following specific Improvements, as depicted on the Preliminary
Engineering Plan: the storm water detention basin, and private storm sewers, related equipment,
appurtenances, and structures installed and maintained on the Property to ensure adequate storm
LEXINGTON SITE B RDA 10-19-17
water drainage and management and to collect and direct storm water into the Village's storm sewer
system.
"TIF Act": The Tax Increment Allocation Redevelopment Act, as amended, 65 ILCS 5/11-74.4-1
et seq.
"TIF Ordinances":) Ordinance No. 00-01 approving a Tax Increment Redevelopment Plan and a
Tax Increment Redevelopment Project, (ii) Ordinance No. 00-02 designating a Tax Increment
Redevelopment Project Area, and (iii) Ordinance No. 00-03 adopting Tax Increment Allocation Financing,
all which established the Lehigh Ferris Tax Increment Finance Redevelopment Project Area.
"Uncontrollable Circumstance": Any of the following events and circumstances that materially
change the costs or ability of the Developer to carry out its obligations under this Agreement:
a. a change in the Requirements of Law;
b. insurrection, riot, civil disturbance, sabotage, act of public enemy, explosion,
nuclear incident, war, or naval blockade;
c. epidemic, hurricane, tornado, landslide, earthquake, lightning, fire, windstorm,
other extraordinary weather condition, or other similar act of God;
d. governmental condemnation or taking other than by the Village; or
e. strikes or labor disputes, other than those caused by the unlawful acts of the
Developer, its partners, or affiliated entities.
Uncontrollable Circumstance shall not include economic hardship, impracticability of performance,
commercial, economic, or market conditions, or a failure of performance by a contractor (except as
caused by events which are Uncontrollable Circumstances as to the contractor).
"Unified Development Code": The Village of Morton Grove Unified Development Code, as the
same has been and may, from time to time hereafter, be amended.
B. Rules of Construction.
1. Grammatical Usage and Construction. In construing this Agreement, pronouns
include all genders, and the plural includes the singular and vice versa.
2. Headings. The headings, titles, and captions in this Agreement have been
inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this
Agreement.
3. Calendar Days. Unless otherwise provided in this Agreement, any reference in
this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving
of any notice required to be given, or the performance of any obligation, under this Agreement falls on a
Saturday, Sunday, or federal holiday, then the notice or obligation may be given or performed on the
next business day after that Saturday, Sunday, or federal holiday.
LEXINGTON SITE B RDA 10-19-17
4. Other Defined Terms. Capitalized terms not defined in this Agreement shall
have the meanings set forth in the Unified Development Code.
SECTION 3. SALE OF PROPERTY TO DEVELOPER.
The Developer agrees to purchase from the Village, and the Village agrees to sell to the Developer the
Property in "As Is" condition for the price of Seven Hundred Ten Thousand and No/100 Dollars
($710,000.00) (the "Purchase Price") paid in cash at closing plus or minus usual and customary
prorations, credits and deductions. The Closing of the sale of the Property shall take place on or before
November 15, 2019
SECTION 4. DEVELOPMENT OF PROPERTY.
A. Development. The Developer shall construct the Development on the Property in
accordance with the terms and conditions of this Agreement and the Special Use Ordinance. The
Development shall consist of 36 -unit townhome community in a total of seven (7) residential buildings.
The units will consist of 2 -bedroom plus den and 3 -bedrooms, all with 2.5 baths. The units will be
approximately 1,800 to 2,000 square feet and will include 2 attached car garages. Ownership of each
unit shall be conveyed pursuant to a fee simple deed. The Development shall include seventeen (17) on-
site visitor parking spaces. In addition, the developer will add six (6) on—street parking spaces on the
south side of Capulina Avenue, immediately north of the proposed development, which will be open for
use by all area residents and visitors, but will be time restricted to discourage all day parking by Metra
riders. The Developer expects to sell the units between $355,000 and $365,000, including upgrades.
A homeowner's association (HOA) shall be established by the Developer to manage all common
elements two buildings. The Developer shall also construct a noise attenuation wall to reduce the noise
and visual impact of the adjacent Metra rail line and enhance the safety for residents. The Developer
expects to invest approximately twelve million, three hundred thousand ($12,300,000.00) dollars for the
Development.
B. Environmental Remediation. The Developer, will conduct the environmental
remediation of the site in strict accordance with IEPA standards and procedures and secure a No Further
Remediation Letter upon completion of all project construction in the Development.
C. General Use and Development Restrictions. Development of the Property, except for
minor alterations due to final engineering and site work approved by the Village Administrator or his
designee shall be pursuant to and in accordance with the following (upon their respective approval,
adoption, and effective date):
1. This Agreement;
2. The Special Use Ordinance, and all documents and plans incorporated in the
Special Use Ordinance;
3. The Final Plans;
4. The Unified Development Code; and
LEXINGTON SITE B RDA 10-19-17
5. The Requirements of Law.
Unless otherwise provided in this Agreement, in the event of a conflict between or among any of the
above plans or documents, the plan or document that provides the greatest control and protection for
the Village, as determined by the Village Administrator, shall control. All of the above plans and
documents shall be interpreted so that the duties and requirements imposed by any one of them are
cumulative among all of them, unless otherwise provided in this Agreement. In the event of an
inconsistency between the Special Use Ordinance and the Unified Development Code, the Special Use
ordinance shall be controlling.
SECTION 5. IMPROVEMENTS.
A. Description of Improvements. The Developer shall, construct, install, or perform all the
Improvements on the Property as set forth in the Final Plans.
B. Dedication and Maintenance of the Improvements.
1. Final Inspection and Approval of the Improvements. The Developer shall notify
the Village when it believes that any or all the Improvements have been fully and properly completed
and shall request final inspection, approval, and where appropriate, acceptance of the Improvement or
Improvements by the Village. Such notice and request shall comply with, and include, all requirements
of Section 12-9-4 of the Unified Development Code and shall be given far enough in advance to allow
the Village time to inspect the Improvements and to prepare a punch list of items requiring repair or
correction and to allow the Developer time to make all required repairs and corrections prior to the
scheduled completion date. The Developer shall promptly make all necessary repairs and corrections as
specified on the punch list. The Village shall not be required to approve or accept any portion of the
Improvements until all the Improvements for the Development, including all punch list items, have been
fully and properly completed.
2. Dedication and Acceptance of Specified Improvements. The execution of this
Agreement shall not constitute an acceptance by the Village of any public facilities that are depicted as
"dedicated" on the engineering sheets of the Final Plans, if any, or of any Improvements. The
acceptance of all Improvements shall be made only in compliance with the requirements of the Unified
Development Code, including, without limitation, Section 12-9-4 of that Code.
C. Transfer of Ownership of Public Improvements and Easements to the Village. Upon
the approval of, and prior to acceptance of, any Public Improvements to be accepted by the Village the
Developer shall execute, or cause to be executed, such documents as the Village shall request to
transfer ownership of such Public Improvements to, and to evidence ownership of such Public
Improvements by, the Village, free and clear of all liens, claims, encumbrances, and restrictions unless
otherwise approved by the Village in writing. The Developer shall, at the same time, grant, or cause to
be granted, to the Village all such easements or other property rights as the Village may require to
install, operate, maintain, service, repair, and replace any Public Improvements that have not previously
been granted to the Village, free and clear of all liens, claims, encumbrances, and restrictions unless
otherwise approved by the Village in writing.
D. Two -Year Guaranty of Improvements. Pursuant to Section 12-8-3 of the Unified
Development Code, the Developer hereby guarantees the prompt and satisfactory correction of all
defects and deficiencies in the Improvements, including, without limitation, any landscaping installed by
LEXINGTON SITE B RDA 10-19-17
the Developer on public lands or within public rights-of-way or easements, that occur or become
evident within two years after approval and, where appropriate, acceptance of the Improvements by
the Village pursuant to this Agreement. If any such defect or deficiency occurs or becomes evident
during such period, then the Developer shall, after 10 days prior written notice from the Village (subject
to Uncontrollable Circumstances), correct it or cause it to be corrected. In the event any Improvement is
repaired or replaced pursuant to such a demand, the guaranty provided by this Subsection shall be
extended, as to such repair or replacement, for two full years from the date of such repair or
replacement. Any Public Improvements under the jurisdiction of IDOT shall have a warranty of at least
two years or longer, if an extended warranty period is required by IDOT.
SECTION 6. CONSTRUCTION.
A. Final Plans Approval. Prior to applying for a building permit for the construction of any
of the Improvements, the Developer shall submit to the Village Administrator or his
designee for review, acceptance, and approval, in the Village Administrator's or his
designee's sole and absolute discretion, final building plans, elevations, lighting plan,
engineering plans, landscaping plans and tree removal plan and any related and
supporting documents for the development of the Property. Such plans shall be in
substantial compliance with the Preliminary Plans and all applicable Village codes,
ordinances, rules, and regulations, and the Requirements of Law, including the Special
Use Ordinance. Upon approval, those plans shall be the Final Plans.
B. Design and Construction.
1. General Standards. The Development shall be designed and constructed
pursuant to and in accordance with the Final Plans, the Special Use Ordinance and Requirements of Law.
All work performed on the Development shall be conducted in a good and workmanlike manner and
with due dispatch in accordance with the schedule established in Subsection 7.C.2 of this Agreement. All
materials used for construction of the Development shall be new and of first quality.
2. Improvements. The design and construction of the Improvements shall be
subject to the reasonable written satisfaction of the Village Administrator or his designee in accordance
with the Unified Development Code.
3. Contract Terms; Prosecution of the Work. The Developer shall include in every
contract for work on the Development terms requiring the contractor to prosecute the work diligently,
continuously, in full compliance with, and as required by or pursuant to, this Agreement, the Final Plans,
the Special Use Ordinance, and the Requirements of Law, until the work is properly completed, and
terms if the Developer may take over and prosecute the work if the contractor fails to do so in a timely
and proper manner.
4. Architect or Engineering Services. The Developer shall provide, at its sole cost
and expense, all engineering services for the design of the Development by a professional architect or
engineer responsible for overseeing the of the Development. The Developer shall promptly provide the
Village with the name of the construction project manager and a telephone number or numbers at
which the construction project manager can be reached at all times.
5. Village Inspections and Approvals. All work on the Development shall be subject
to inspection and approval by Village representatives at all times.
LEXINGTON SITE B RDA 10-19-17
6. Other Approvals. Where the construction and installation of the Development
requires the consent, permission, or approval of any public agency other than the Village or private
party, the Developer shall promptly file all applications, enter into all agreements, post all security, pay
all fees and costs, and otherwise take all steps that may be reasonably required to obtain the required
consent, permission, or approval.
C. Construction Traffic and Parking.
1. Designated Traffic Routes. Prior to or concurrent with the Developer's
application for the first work to be performed on the Property, the Developer shall submit a
construction management traffic and parking plan for review and approval by the Village Administrator
or his designee. Such plan shall include all designated traffic routes, construction fencing and
construction sequencing plans. Notwithstanding the plan, the Village may designate alternate routes of
access to the Property for construction traffic to protect pedestrians and to minimize disruption of
traffic and damage to paved street surfaces; provided, however, that the designated routes shall not
unduly hinder or obstruct direct and efficient access to the Property for construction traffic. The plan
shall include the proposed methods by which the Developer will keep all routes used for construction
traffic free and clear of mud, dirt, debris, obstructions, and hazards. The Developer shall repair all
damage caused by the construction traffic.
2. Parking. The construction management plan shall show the location where all
construction vehicles, including passenger vehicles, and construction equipment shall be parked within
the Property. Any proposed parking area located outside the Property shall be identified and subject to
approval by the Village Administrator or his designee.
D. Issuance of Permits and Certificates. The Village has the right to withhold the issuance
of certificates of occupancy for any building or structure located on the Property until the Improvements
are completed by the Developer or until other arrangements satisfactory to the Village Administrator or
his designee, in his reasonable sole and absolute discretion, shall have been made. The issuance of any
building permit or certificate of occupancy by the Village at any time prior to completion of all the
Improvements and, where appropriate, acceptance thereof by the Village shall not confer on the
Developer any right or entitlement to any other building permit or certificate of occupancy. Any
amendment to the Village's local building codes solely related to new construction, which is approved
after the first complete building permit application has been filed with the Village, shall not require
changes in the Final Plans.
E. Damage to Public Property. The Developer shall maintain the Property and all streets,
sidewalks and other public property in and adjacent to the Property in a good and clean condition at all
times during development of the Property and construction of each phase of the Development. Further,
the Developer shall (1) promptly clean all mud, dirt, or debris deposited on any street, sidewalk, or other
public property in or adjacent to the Property by the Developer or any agent of or contractor hired by,
or on behalf of, the Developer; and (2) repair any damage that may be caused by the activities of the
Developer or any agent of or contractor hired by, or on behalf of, the Developer.
F. Burial of Public Utility Lines. Developer shall, at its expense, bury at the locations
approved by the Village Engineer, all overhead public utility lines that are newly constructed and
installed within the Property to serve the Development. The Developer will contract with a contractor
mutually approved by the Village and the Developer, for the removal of the existing overhead utility
LEXINGTON SITE B RDA 10-19-17
lines and the replacement thereof with underground utilities pursuant to terms and conditions mutually
approved by the parties.
G. Compliance with Prevailing Wage. The Developer shall comply, and shall cause all
contractors constructing the Development to comply, with the Illinois Prevailing Wage Act (820 ILCS
130/0.01 et seq.), as it may be applicable. Without limiting anything in prior sentence, the Developer
acknowledges and agrees, and will take all necessary steps to insure, that the Illinois Prevailing Wage Act
applies to each contract pursuant to which Developer will construct, or cause the construction of, an
Improvement that will be dedicated or transferred to the Village or other public entity upon its
completion and acceptance.
SECTION 7. COMMENCEMENT AND COMPLETION OF CONSTRUCTION.
A. Prohibition of Construction of Any Kind Prior to All Approvals. The Developer
acknowledges and agrees that, unless specifically authorized in writing by the Village Administrator, in
his sole and absolute discretion, no Environmental Remediation, grading, site work, tree or landscape
removal, construction, improvement, or development of any kind shall be permitted on any portion of
the Property unless and until the Final Plans have all been approved by the Village Administrator or his
designee. Notwithstanding the provisions of this Section, the Developer may apply for and the Village
Administrator may permit limited Environmental Remediation and or may issue limited site work
permits prior to the approval of the Final Plans.
B. Commencement of Construction. In addition to the restriction set forth in Section 7.A
of this Agreement, the following shall apply to the construction of the Development:
1. Foundation Construction. No construction of any kind shall be permitted on or
with respect to the foundation portion of the Development unless and until the Developer obtains
written approval from the Village Administrator or his designee.
2. Vertical Construction. No vertical construction of any kind shall be permitted on
the Development unless and until the Developer delivers to the Village Administrator evidence of a
written financial commitment(s) from one or more reputable lending institution(s) agreeing to make a
loan to the Developer that, in an amount which is sufficient to reasonably satisfy the Village that
Developer has sufficient financial resources to cover the costs of construction of the Development and
of all Improvements related to the first phase of construction. The form, substance, and adequacy of
the written financing commitment shall be acceptable to the Village Administrator in his reasonable
determination.
C. Diligent Pursuit of Construction.
1. Once commencement of construction is authorized pursuant to this Agreement,
the Developer shall pursue the construction of the Development in a diligent and expeditious manner.
2. The Developer shall complete the Development within the time prescribed in
the applicable building permits, but in event no later than December 31, 2019 The Developer shall be
allowed extensions of time beyond the completion dates set forth in such permits only for unavoidable
delay caused by Uncontrollable Circumstances or as may be approved by the Village Administrator.
LEXINGTON SITE B RDA 10-19-17
D. Failure to Complete Construction.
1. Removal of Partially Constructed Structures and Improvements. Subject to
Uncontrollable Circumstances, if the Developer fails to diligently pursue all construction as required
within the time period prescribed in the building permit or permits issued by the Village for the
construction or in accordance with the schedule approved by the Village Administrator or his designee
pursuant to Subsection 7.C.2, and if a perfected application to renew the building permit or permits is
not filed and approved within 30 days after the expiration of the permit or permits, the Developer shall,
subject to the rights of the project lenders within 60 days after notice from the Village: (a) remove or
commence to remove any partially constructed or partially completed buildings, structures, or
Improvements for that phase from the Property; and (b) perform site restoration and modification
activities to establish a passive park -like setting on the affected portion of the Property in accordance
with plans approved by the Village ("Site Restoration").
2. Removal and Restoration by Village. In the event the Developer fails or refuses
to remove the buildings, structures, and Improvements, or to perform the Site Restoration, as required
pursuant to Section 7.D.1 of this Agreement, the Village shall have, and is hereby granted, the right, at
its option (but subject to the rights of the project lenders), to enter upon the Property to: (a) demolish
and/or remove any of the buildings, structures and Improvements from any and all portions of the
Property, and to perform the Site Restoration; or (b) cause the Improvements to be completed in
accordance with the plans submitted and any of the buildings or structures to be secured and weather
tight. The Developer shall fully reimburse the Village for all costs and expenses, including legal and
administrative costs, for such work within 30 days after a request therefor. If the Developer does not
fully reimburse the Village for all such costs and expenses, and the Bonds described in Section 10 of this
Agreement have no funds remaining in them or are otherwise unavailable to finance such work, then,
subordinate to the project lenders, the Village shall have the right to place a lien on Property for all such
costs and expenses in the manner provided by law. The rights and remedies provided in this Section
shall be in addition to, and not in limitation of, any other rights and remedies otherwise available to the
Village at law and/or in equity.
E. Certificate of Completion.
1. Conditions for Certificate of Completion. The Village will issue Developer a
certificate of completion ("Certificate of Completion") upon the Developer's satisfaction of the following
conditions ("Completion Conditions"):
a. All residential units in the Development have been constructed and the
Village has issued a final certificate of occupancy for at least 33 residential units;
b. No fewer than 85 percent of the residential units in the Development
have been sold;
c. The Development conforms to this Agreement, the Special Use
Ordinance, and Requirements of Law.
2. Request for Certificate of Completion. The Developer shall notify the Village
when it believes that the Completion Conditions have been satisfied and shall request an inspection and
a Certificate of Completion. The Village shall respond to the Developer's request for the Completion
Certificate within 30 days by issuing either the Completion Certificate or a written statement detailing
LEXINGTON SITE B RDA 10-19-17
the ways in which the Completion Conditions have not been satisfied and the measures which must be
taken by the Developer to obtain the Completion Certificate.
F. Other Transactions. Developer shall not enter into any transaction prior to the issuance
of the Certificate of Completion that materially or adversely affects its ability to finance or complete the
Development.
G. Maintenance of the Development Upon Completion. Upon the issuance of the
Certificate of Completion, Developer shall maintain the Development in accordance with the Special Use
Ordinance, the Final Plans, and the Requirements of Law ("Maintenance Obligation"). If (i) Developer
defaults on its Maintenance Obligation and fails to cure such default after ninety (90) days' written
notice from the Village, or as soon as practicable after written notice in the case of a default that creates
a hazard to public health and safety, and (ii) the Village substantially prevails in a judicial action
regarding such default, Developer shall post a letter of credit in an amount not less than the cost of six
months of maintenance for the Property, as determined by the Village Administrator, based on
generally acceptable maintenance standards for properties of similar size and use, within ninety (90)
days of a final order issued in the judicial action, which letter of credit the Village may draw upon to cure
any future or continued breach of the Maintenance Obligation. The Village's remedies pursuant to this
Section 7.G are in addition, and without prejudice, to any other rights and remedies available to the
Village for Developer's breach of its Maintenance Obligation. This Section runs with the land.
SECTION 8. RECAPTURES.
The Village has no recapture fees that the Developer is required to pay pursuant to this
Agreement. There are no costs for which the Developer is entitled to recapture under this Agreement.
SECTION 9. PAYMENT OF VILLAGE FEES AND COSTS.
A. Village Impact Fees. The Village has no Village impact fees in effect that will be caused
by the Development
B. General Requirements. In addition to any other costs, payments, fees, charges,
contributions, or dedications required by this Agreement, the Developer shall pay to the Village, as and
when due, all application, inspection, and permit fees, alt water and sewer general and special
connection fees, tap -on fees, charges and contributions, and all other fees, charges, and contributions
required by applicable Village codes, ordinances, resolutions, rules, or regulations.
C. Special Requirements. In addition to any other costs, payments, fees, charges,
contributions, or dedications required by this Agreement or by applicable Village codes, ordinances,
resolutions, rules or regulations, the Developer shall pay to the Village, immediately upon presentation
of a written demand or demands therefor, all reasonable legal, engineering, and other consulting or
administrative fees, costs, and expenses incurred or accrued in connection with the review and
processing of plans for the development of the Property and in connection with the negotiation,
preparation, consideration, and review of this Agreement and all of its exhibits. Payment of all such
fees, costs, and expenses for which demand has been made, but payment has not been received, by the
Village prior to execution of this Agreement shall be made by a certified or cashier's check immediately
upon execution of this Agreement by the Village President. Further, the Developer agrees that it will
continue to be liable for and to pay, immediately upon presentation of a written demand or demands
therefor, such fees, costs, and expenses incurred in connection with any applications, documents, or
LEXINGTON SITE B RDA 10-19-17
proposals, whether formal or informal, of whatever kind submitted by the Developer during the term of
this Agreement in connection with the development and use of the Property. Further, the Developer
agrees that it shall be liable for and shall pay upon demand all costs incurred by the Village for
publications and recordings required in connection with the aforesaid matters.
SECTION 10. PERFORMANCE SECURITY.
A. Performance and Payment Bonds. As security to the Village for the performance by the
Developer of the Developer's obligations to construct and complete the Public Improvements and the
Common Improvements pursuant to and in accordance with this Agreement, the Developer hereby
irrevocably elects, on behalf of itself and its successors, and agrees to provide the Village, no later than
the date of the approval of the Final Plans, performance and payment security for the Public
Improvements and the Common Improvements ("Guarantee") in the form of irrevocable surety bonds
("Bonds") in the amount set forth in Section 12-8-3.0 of the Unified Development Code, and in
accordance with the terms set forth therein. The Bonds shall be in form and satisfactory to the Village's
Corporation Counsel, from a surety company licensed to do business in the State of Illinois with a
general rating of A and a financial size category of Class X or better in Best's Insurance Guide. The
Guarantee shall be administered pursuant to Section 12-8-3.0 of the Unified Development Code.
B. Use of Funds in the Event of Breach of Agreement. If the Developer fails or refuses to
complete the Public Improvements, the Common Improvements, or both in accordance with this
Agreement, or fails or refuses to correct any defect or deficiency in the Public Improvements, the
Common Improvements, or both, or remove partially completed buildings or structures as required by
this Agreement, or fails or refuses to perform Site Restoration in accordance with a demand made
pursuant to his Agreement, or fails or refuses to pay any amount demanded by the Village as and when
required pursuant to this Agreement, or in any other manner fails or refuses to meet fully any of its
obligations under this Agreement, then the Village in its reasonable discretion may draw on and retain
all or any of the funds remaining in the Bonds. The Village thereafter shall have the right, subject to 30
days notice and opportunity for cure, to exercise its rights under this Agreement, to take any other
action it deems reasonable and appropriate to mitigate the effects of any failure or refusal, and to
reimburse itself from the proceeds of the Bonds for all of its costs and expenses, including legal fees and
administrative expenses, resulting from or incurred as a result of the Developer's failure or refusal to
fully meet its obligations under this Agreement. If the funds remaining in the Bonds are insufficient to
repay fully the Village for all costs and expenses, then the Developer shall upon demand of the Village
therefor deposit with the Village any additional funds as the Village determines are necessary, within 30
days of a request therefor, to fully repay such costs and expenses.
SECTION 11. TIF Assistance.
A. Redevelopment Project Costs Eligible for Reimbursement. The parties acknowledge
that Developer will pay, or has paid, for expenses which qualify as Redevelopment Project Costs as
defined in the TIF Act ("TIF Eligible Expenses"). The Developer has estimated that it has spent or will
spend approximately three million seven hundred and nineteen thousand dollars, five hundred and
sixty-three ($3,719,563.00) dollars TIF Eligible Expenses
B. Village to Provide a Subsidy to Developer for Certain TIF Eligible Expenses. The Village
shall provide a subsidy the Developer to reimburse the Developer for the following expenses, provided
such expenses qualify as TIF Eligible Expenses. However, under no circumstances shall the total TIF
LEXINGTON SITE B RDA 10-19-17
subsidy paid to the Developer exceed one million seven hundred and five thousand ($1,705,000) or such
lesser sums as set forth in Section 11.F of this Agreement ("TIF Subsidy").
1. The Village shall reimburse or remit to Developer up to $1,431,700.00 for the TIF Eligible
Expenses incurred by the Developer to complete the Environmental Remediation work set
forth in Section 4.B of this Agreement, and to bury overhead utility lines on the Property as
set forth in Section 6.E of the Agreement.
2. The Developer stipulates that the Village has already paid Commonwealth Edison
$35,000.00 for engineering services for burying existing overhead utilities, which shall be
counted against the $1,431,700.00. The Village shall reimburse the Developer for its actual
out of pocket costs incurred for this work, 30 days after the work has been completed and
approved by the Village and the Developer has satisfied the conditions of Section 11. C
below.
3. As work is performed pursuant to Section 11.6.1, provided Developer has complied with
Section 11.C, the Village shall reimburse Developer for the actual out-of-pocket costs
incurred for such work, or at the request of Developer, the Village shall cause to be
deposited in an escrow with Chicago Title and Trust Company, pursuant to escrow
instructions acceptable to the Village, the sum of $1,430,700.00 which shall be deposited
upon establishment of the escrow and to be disbursed as work is performed and draw
requests are submitted..
4. The Village shall reimburse the Developer for an additional amount of the out-of-pocket TIF
Eligible Expenses to maximum of $273,300.00 ("The 11. 8.4 Reimbursement). The 11.8.4
Reimbursement will be reduced by: (i) the amount equal to $35,000.00 for every quarter
percent (0.25%) increase in the Developer's unleveraged return on total costs (with TIF
Assistance from the Village) over 6% ("Increased Development Profitability"); and (ii) the
amount the work pursuant to section 11.B.1 is less than $1,430,700.00. The Section 11.6.4
Reimbursement shall be paid to the Developer after: (i) the Village has issued the Developer
a Certificate of Completion pursuant to Section 7.E of this Agreement, (ii) the Developer
satisfies the conditions of Section 11. C below and (iii) when Developer has transferred title
to all the 36 units to be constructed by Developer to third party purchasers thereof.
C. Conditions for Reimbursement of TIF Eligible Expenses. To be reimbursed for the TIF
Eligible Expenses set forth in Section 11. B. 1 and 3. Above, the Developer shall provide the Village with
or deposit in the escrow referred to in section Section 11. B. 3 : (i) sworn statements and lien waivers
for any material, fixtures, apparatus, machinery, services, or labor provided by any contractor,
subcontractor, or other Person entitled to file a lien under the Mechanics Lien Act, 770 ILCS 60/1, for the
TIF Eligible Expense for which reimbursement is sought; (ii) bills, contracts, invoices and paid receipts
(provided that Developer need not advance payment for work which is to be paid through the escrow)
evidencing the costs and payment by the Developer of the TIF Eligible Expense; (iii) other documents or
information that the Village reasonably requires to evidence appropriate payment of the TIF Eligible
Expense; and (iv) in the case of Section 11.6.4 a certified statement from the Developer as to the
Developer's unleveraged return on total costs (with TIF Assistance from the Village) based on its actual
expenses and revenues. Within thirty (30) days after the Village receives a TIF Certification Request, the
Village shall send the Developer written notice (i) approving or disapproving the TIF Eligible Expense or
LEXINGTON SITE B RDA 10-19-17
(ii) if the Village disapproves the TIF Eligible Expense, the Village shall specify the reason for such
disapproval in reasonable detail.
D. Creation of Separate Tax Code. The Parties acknowledge that (i) under the TIF Act, the
Cook County Clerk is required, for each individual tax parcel within the TIF District with a current EAV
greater than its Initial EAV, to annually calculate, allocate, collect, and pay to the Village an amount
equal to the Incremental Property Taxes attributable to such increase, (ii) as a matter of practice, the
Cook County Clerk has not always followed this requirement and, instead of calculating Incremental
Property Taxes on a parcel by parcel basis, has been calculated Incremental Property Taxes on an
aggregate basis, taking the entire Incremental Property Taxes for an entire redevelopment project area,
reducing that amount by the total reduction in property taxes that are paid for tax parcels that have a
then -current EAV that is less than the Initial EAV, and allocating proportionate shares of that aggregate
amount to the tax parcels within the redevelopment project area that have current EAV's greater than
the Initial EAV, (iii) the "aggregate" method could result in an improper overpayment to certain taxing
bodies and an improper underpayment of Incremental Property Taxes to the Village, and (iv) to avoid
such improper underpayments, the Cook County Clerk and Cook County Assessor have sometimes
assigned specific and unique tax code designations to certain tax parcels within a redevelopment project
area to effectively allow Incremental Property Taxes to be calculated on a the basis of the tax codes.
The Village has, prior to the Effective Date, submitted a request to the Cook County Clerk to petition for
a separate tax code for the Property. The Village and Developer shall work cooperatively with the
Offices of the Cook County Clerk and Assessor to create a separate tax code designation for the tax
parcels located within the Property, so that Incremental Property Taxes can be properly calculated on a
parcel by parcel basis.
E. Property Tax Appeals. At any time during the Term of this Agreement, if the Owner or
Developer, or any other Person with the legal authority to do so, files or submits any appeal, objection,
or other proceeding to any official, agency or other entity with jurisdiction, that seeks to reduce the
assessed value of the Property or any part thereof, or to otherwise reduce the total amount of ad
valorem taxes paid on the Property or any part thereof, during the term of this Agreement, copies of all
documents, evidence or other materials filed by the Owner, Developer or such other Person shall also
be submitted to the Village not later than thirty (30) days after each such filing with such official, agency
or other entity with jurisdiction.
F. Reduced TIF Subsidy Based on Increased Development Profitability. The maximum TIF
Subsidy of 51,705,000 shall be reduced by 535,000 for every quarter percent (.25%) increase in the
Developer's unleveraged return on total costs (with TIF Assistance from the Village) over six percent
(6%).
SECTION 12. LIABILITY AND INDEMNITY OF VILLAGE.
A. Village Review. The Developer acknowledges and agrees that the Village is not, and
shall not be, in any way liable for any damages or injuries that may be sustained as the result of the
Village's review and approval of any plans for the Property, the Development, or the Improvements, or
the issuance of any approvals, permits, certificates, or acceptances, for the development or use of the
Property, the Development, or the Improvements, and that the Village's review and approval of any
such plans and the Improvements and issuance of any such approvals, permits, certificates, or
acceptances does not, and shall not, in any way, be deemed to insure the Developer, or any of its heirs,
LEXINGTON SITE B RDA 10-19-17
successors, assigns, tenants, and licensees, or any third party, against damage or injury of any kind at
any time.
B. Village Procedure. The Developer acknowledges and agrees that all notices, meetings,
and hearings have been properly given and held by the Village with respect to the approval of this
Agreement and agrees not to challenge such approval on the grounds of any procedural infirmity or of
any denial of any procedural right.
C. Indemnity. The Developer agrees to, and does hereby, hold harmless and indemnify the
Village, the Corporate Authorities, the Plan Commission, and all Village elected or appointed officials,
officers, employees, agents, representatives, engineers, and attorneys, from any and all claims that may
be asserted at any time against any of such parties in connection with (1) the Village's review and
approval of any plans for the Property or the Improvements; (ii) the issuance of any approval, permit,
certificate or acceptance for the Property or the Improvements; (iii) the development, construction,
maintenance or use of any portion of the Property, the Development or the Improvements; and (iv) the
collection and distribution of amounts paid by the Developer pursuant to this Agreement.
D. Defense Expense. The Developer shall, and does hereby agree to, pay all reasonable
expenses, including legal fees and administrative expenses, incurred by the Village in defending itself
regarding all the claims referenced in Subsection 12.0 of this Agreement.
SECTION 13. SUBDIVISION, SUCCESSORS IN INTEREST, AND TRANSFER OF OBLIGATIONS.
A. Future Subdivision of Property. Any proposed subdivision of the Property shall comply
in all respects with the Requirements of Law, including without limitation Section 12-8-1 et seq. of the
Unified Development Code, and may require an amendment to the Special Use Ordinance and the
Redevelopment Agreement. No part of the Property may be withdrawn from the Special Use Ordinance
or this Agreement nor transferred to another party, without express approval of the Corporate
Authorities.
B. Binding on Successors. All obligations assumed by the Developer under this Agreement
shall be binding upon Developer, its successors and assigns, and upon all the respective successor legal
or beneficial owners of all or any portion of the Property. To assure that all such successors, assigns and
successor owners have notice of this Agreement and the obligations created by it, the Developer shall:
1. Upon request, provide any consents or other documents necessary to authorize
the Village to record this Agreement with the Office of the Cook County Recorder of Deeds; and
2. Notify the Village in writing at least 30 days prior to any date upon which such
party transfers a legal or beneficial interest in any portion of the Property to any party not a
party to this Agreement; and
3. Require, prior to the transfer of all or any portion of the Property, or any legal or
equitable interest therein, except for individual residential units of the Development for which
the Village has issued Certificates of Occupancy, to any party not a party to this Agreement , the
transferee of the Property or of said portion of or interest in the Property to execute an
enforceable written agreement, in a form approved by the Village's Corporation Counsel in
which such party agrees to be bound by the provisions of this Agreement and to provide the
LEXINGTON SITE B RDA 10-19-17
Village, upon request, with such reasonable assurance of the financial ability of such transferee
to meet those obligations as the Village may require.
C. Limited Release of the Developer. Subject to the terms and conditions of this
Agreement, this Agreement is transferable and assignable only with the written consent of the Village
and upon a successor becoming bound to the personal obligation created in the manner provided in this
Agreement and providing the financial assurances required herein. In such event, the personal liability of
the Developer shall be released to the extent of the transferee's assumption of such liability. The failure
of the Developer to provide the Village with a fully executed copy of a Transferee Assumption
Agreement required above by the transferee to be bound by the provisions of this Agreement and, if
requested by the Village, with the transferee's proposed assurances of financial capability before
completing any such transfer shall result in the Developer remaining fully liable for all of the
Developer's and Developer's obligations under this Agreement but shall not relieve the transferee of its
liability for all such obligations as a successor to the Developer.
SECTION 14. TERMINATION OF AGREEMENT.
A. Termination due to Non-performance. In the event that (1) the sale of the
Property does not occur on or before 12:00 noon on December 31, 2017; or (11) construction does not
commence on or before 12:00 noon on March 1, 2018, the Village shall have the right to terminate this
Agreement, by delivering to the other parties to this Agreement a notice of termination.
B. The provisions of this Agreement shall run with and bind the Property, and shall
inure to the benefit of, and be enforceable by, the Developer, the Village, and any of their respective
legal representatives, heirs, grantees, successors, and assigns, from the Effective Date of this
Agreement and until the last to occur of (1) the termination of tax increment financing district
established pursuant to the TIF Ordinances, and (ii) final resolution of any appeal, objection or other
proceeding that reduces the assessed valuation of the Property or the amount of ad valorem taxes paid
on the Property during the Term. Any rights of the Parties or causes of action accruing to the parties
during the Term of this Agreement shall survive its termination and be enforceable against the other
party or parties. In addition, notwithstanding anything to the contrary in this Section 16, the
Developer's indemnity and defense obligations as set forth in Section 12 of this Agreement, and
Sections 7.G. and 13, shall survive the termination of this Agreement.
SECTION 15. DEVELOPER'S REPRESENTATIONS, COVENANTS. AND WARRANTIES.
A. By the Developer. The Developer, and the persons executing this Agreement on
behalf of the Developer, represent, warrant, and covenant, as of the date of this Agreement,
that:
1. the Developer is an Illinois limited liability company duly organized, validly
existing, qualified to do business in Illinois;
2. the Developer has the right, power, and authority to enter into, execute, deliver
and perform this Agreement, and the Developer is in compliance with all
Requirements of Law, the failure to comply with which could affect the ability of
the Developer to perform its obligations under this Agreement;
LEXINGTON SITE B RDA 10-19-17
3. the execution, delivery and performance by the Developer of this Agreement
has been duly authorized by all necessary corporate action, and does not and
will not violate its organizational documents, as amended and supplemented,
any of the applicable Requirements of Law, or constitute a breach of or default
under, or require any consent under, any agreement, instrument, or document
to which the Developer is now a party or by which the Developer is now or may
become bound;
4. there are no actions or proceedings by or before any court, governmental
commission, board, bureau or any other administrative agency pending,
threatened, or affecting the Developer which would impair its ability to perform
under this Agreement;
5. the Developer, to the extent it elects to proceed with the construction of the
Development, shall apply for or cause to be applied for, and upon receipt,
thereafter, maintain or caused to be maintained, all government permits,
certificates, and consents (including, without limitation, appropriate
environmental approvals) necessary to conduct its business and to construct
and complete the Development and operate the Development as required by
this Agreement; and
6. the Developer has sufficient financial and economic resources to implement and
complete its obligations under this Agreement. The Developer has no
knowledge of any liabilities, contingent or otherwise, of Developer which might
have a material adverse effect upon its ability to perform its obligations under
this Agreement.
SECTION 16. VILLAGE'S REPRESENTATIONS, COVENANTS, AND WARRANTIES.
The Village represents, warrants and agrees as the basis for the undertakings on its part
contained in this Agreement that:
1. The Village is a municipal corporation duly organized and validly existing under
the law of the State of Illinois and has all requisite corporate power and
authority to enter into this Agreement.
2. The execution, delivery and the performance of this Agreement and the
consummation by the Village of the transactions provided for herein and the
compliance with the provisions of this Agreement: (i) have been duly authorized
by all necessary corporate action on the part of the Village, (ii) require no other
consents, approvals or authorizations on the part of the Village in connection
with the Village's execution and delivery of this Agreement, and (iii) shall not, by
lapse of time, giving of notice or otherwise result in any breach of any term,
condition or provision of any indenture, agreement or other instrument to
which the Village is subject.
3. To the best of the Village's knowledge, there are no proceedings pending or
threatened against or affecting the Village or the Property in any court or before
any governmental authority that involves the possibility of materially or
LEXINGTON SITE B RDA 10-19-17
adversely affecting the ability of the Village to perform its obligations under this
Agreement.
SECTION 17. ENFORCEMENT.
The parties to this Agreement may, in law or in equity, by suit, action, mandamus or any other
proceeding, including without limitation, specific performance, enforce or compel the performance of
this Agreement: provided, however, that the Developer agrees that it will not seek, and does not have
the right to seek, to recover a judgment for monetary damages against the Village or any elected or
appointed officials, officers, employees, agents, representatives, engineers, or attorneys thereof, on
account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement.
In addition to every other remedy permitted by law for the enforcement of the terms of this Agreement,
the Village shall be entitled to withhold the issuance of building permits or certificates of occupancy for
any building or structures within the Property at any time when the Developer or Developer has failed
or refused to meet fully any of its obligations under this Agreement after notice and an opportunity to
cure as provided in Section 18. In the event of a judicial proceeding brought by one party to this
Agreement against another party to this Agreement, the prevailing party in such judicial proceeding
shall be entitled to reimbursement from the unsuccessful party of all costs and expenses, including
reasonable attorneys' fees, incurred in connection with such judicial proceeding.
SECTION 18. DEFAULT.
A. Events of Default by the Developer. The following shall be Events of Default with
respect to this Agreement:
1. A statement or representation by the Developer in this Agreement, or in any
certificate, notice, demand or request made and delivered to the Village that is
untrue or incorrect in any material respect as of the date made; provided,
however, that such default shall constitute an Event of Default only if the
Developer does not remedy the default, within 15 days after written notice
from the Village.
2. Default by the Developer for a period of 15 days after written notice thereof in
the performance or breach of any covenant, warranty, or obligation contained
in this Agreement, including without limitation any covenant concerning the
existence, structure or financial condition of the Developer; provided, however,
that such default or breach shall not constitute an Event of Default if such
default cannot be cured within said 15 days and the Developer, within said 15
days, initiates and diligently pursues appropriate measures to remedy the
default and in any event cures such default within ninety (90) days after such
notice.
3. The entry of a decree or order for relief by a court having jurisdiction in the
premises in respect of the Developer in an involuntary case under the federal
bankruptcy laws, as now or hereafter constituted, or any other applicable
federal or state bankruptcy, insolvency or other similar law, or appointing a
receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar
official) of the Developer for any substantial part of its property, or ordering the
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winding -up or liquidation of its affairs and the continuance of any such decree
or order unstayed and in effect for a period of 60 consecutive days.
4. The commencement by the Developer of a voluntary case under the federal
bankruptcy laws, as now or hereafter constituted, or any other applicable
federal or state bankruptcy, insolvency or other similar law, or the consent by
the Developer to the appointment of or taking possession by a receiver,
liquidator, assignee, trustee, custodian, sequestrator (or similar official) of the
Developer or of any substantial part of the Property, or the making by any such
entity of any assignment for the benefit of creditors or the failure of the
Developer generally to pay such entity's debts as such debts become due or the
taking of action by the Developer in furtherance of any of the foregoing, or a
petition is filed in bankruptcy by others.
5. Failure to have funds to meet the Developer's obligations.
6. Sale, assignment, or transfer of the Property except in accordance with the
transferee assumption provisions in Section 13 of this Agreement.
7. Change in the organizational status of the Developer except in accordance with
the transferee assumption provisions in Section 13 of this Agreement.
8. The Developer abandons the development and construction on the Property.
Abandonment shall be deemed to have occurred when, after the
commencement of construction on the Property as contemplated in Section 7.B
of this Agreement, the construction work stops for more than 60 days for any
reason other than Uncontrollable Circumstances. Neither the failure of the
Developer to secure any approvals required for the Development or
construction, nor the failure of the Developer to deliver the evidence of
construction financing required pursuant to Section 7.B of this Agreement shall
be valid defenses to abandonment.
9. The Developer fails to comply with the Requirements of Law in relation to the
construction and maintenance of the buildings contemplated by this
Agreement.
B. Events of Default by the Village. The following shall be Events of Default with
respect to this Agreement:
1. If any material representation made by the Village in this Agreement, or in any
certificate, notice, demand or request made by a party hereto, in writing and
delivered to the Developer pursuant to or in connection with any of said
documents, shall prove to be untrue or incorrect in any material respect as of
the date made; provided, however, that such default shall constitute an Event of
Default only if the Village does not remedy the default, within 15 days after
written notice from the Developer.
2. Default by the Village in the performance or breach of any material covenant
contained in this Agreement concerning the existence, structure or financial
LEXINGTON SITE B RDA 10-19-17
condition of the Village; provided, however, that such default or breach shall
constitute an Event of Default if the Village does not, within 15 days after
written notice from the Developer, initiate and diligently pursue appropriate
measures to remedy the default.
C. Remedies for Default. In the case of a party's Event of Default under this Agreement:
1. The defaulting party shall, upon written notice from the non -defaulting party,
take immediate action to cure or remedy such Event of Default. If, in such case,
any monetary Event of Default is not cured, or if in the case of a non -monetary
Event of Default, action is not taken or not diligently pursued, or if action is
taken and diligently pursued but such Event of Default or breach shall not be
cured or remedied within a reasonable time, but in no event more than 30
additional days unless otherwise provided for in this this agreement or
extended by mutual agreement, the non -defaulting party may institute such
proceedings as may be necessary or desirable in its opinion to cure or remedy
such default or breach, including, but not limited to, proceedings to compel
specific performance of the defaulting party's obligations under this Agreement.
2. In the case of an Event of Default by the Developer occurring and continuing
after the expiration of any applicable notice and cure period set forth in this
Agreement, the Village may, and without prejudice to any other rights and
remedies available to the Village, exercise all rights available to it by law and
equity and any or all the following options:
a) if no building permits have been issued for the Development, the
Village may require Site Restoration in accordance with the terms and
provisions of Section 7.D of this Agreement, and the Developer shall
transfer title back to the Village, and the Developer shall return any
payments or credits given to it from the Village for the Development
and reimburse the Village for any costs or expenses it has incurred or
paid due to the Developer's Special Use application or otherwise
relating to the Development;
b) if one or more building permits have been issued for the
Development, the Village may require demolition, removal, and
restoration work in accordance with the terms and provisions of Section
7.D of this Agreement, and the Developer shall transfer title back to the
Village, and the Developer shall return any payments or credits given to
it from the Village for the Development and reimburse the Village for
any costs or expenses it has incurred or paid due to the Developer's
Special Use application or otherwise relating to the Development;
c) The Corporate Authorities may initiate the process for revocation of
the Zoning and Special Use Ordinance, in accordance with the provisions
of that Ordinance. In such case, revocation shall be without protest or
objection by the Developer.
LEXINGTON SITE B RDA 10-19-17
3. In case the Village shall have proceeded to enforce its rights under this
Agreement and such proceedings shall have been discontinued or abandoned
for any reason, then, and in every such case, the Developer and the Village shall
be restored respectively to their several positions and rights hereunder, and all
rights, remedies and powers of the Village shall continue as though no such
proceedings had been taken.
SECTION 19. GENERAL PROVISIONS.
A. Notice. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be delivered: (i) personally, (ii) by a reputable overnight courier,
(iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless
otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a)
actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of
deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By
notice complying with the requirements of this Section, each party shall have the right to change the
address or the addressee, or both, for all future notices and communications to such party, but no
notice of a change of addressee or address shall be effective until actually received.
Notices and communications to Village shall be addressed to, and delivered at, the following
address:
Village of Morton Grove
6101 Capulina Ave
Morton Grove, IL 60053
Attention: Village Administrator
With a copy to:
Village of Morton Grove
6101 Capulina Ave
Morton Grove, IL 60053
Attention: Corporation Counsel
Notices and communications to the Developer shall be addressed to, and delivered at, the
following addresses:
Developer,
Lexington Homes LLC
1731 N. Marcey Street
Suite 200
Chicago, IL 60614
Attention: Mr. Jeff Compton
With a copy to:
Ash, Anos, Freedman & Logan, L.L.C.
77 W. Washington Street, Suite 1211
LEXINGTON SITE B RDA 10-19-17
Chicago, Illinois 60602
Attention: Lawrence M. Freedman
B. Time of the Essence. Time is of the essence in the performance of all terms and
provisions of this Agreement.
C. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements and negotiations between the parties, whether written or
oral, relating to the subject matter of this Agreement.
D. Exhibits. Exhibits A through E attached to this Agreement are, by this reference,
incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the
text of this Agreement, this Agreement shall control.
E. Amendments and Modifications. No amendment or modification to this Agreement
shall be effective unless and until it is reduced to writing and approved and executed by all parties to
this Agreement in accordance with all applicable statutory procedures.
F. Governing Law. This Agreement shall be governed by, and enforced in accordance with,
the internal laws, but not the conflicts of laws rules, of the State of Illinois.
G. Changes in Laws. Unless otherwise explicitly provided in this Agreement, any reference
to any Requirements of Law shall be deemed to include any modifications of, or amendments to such
Requirements of Law as may, from time to time, hereinafter occur.
H. Non -Waiver. The Village shall be under no obligation to exercise any of the rights
granted to it in this Agreement. The failure of the Village to exercise at any time any right granted to the
Village shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect
the Village's right to enforce that right or any other right.
1. Severability. It is hereby expressed to be the intent of the parties hereto that should
any provision, covenant, agreement, or portion of this Agreement or its application to any person,
entity, or property be held invalid by a court of competent jurisdiction, the remaining provisions of this
Agreement and the validity, enforceability, and application to any person, entity, or property shall not
be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to
achieve, as near as may be, the purpose and intent of this Agreement to the greatest extent permitted
by applicable law.
1. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement
by any Person shall be made, or be valid, against the Village, or the Developer.
SIGNATURE PAGES TO FOLLOW
LEXINGTON SITE B RDA 10-19-17
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the date and year first
above written.
VILLAGE OF MORTON GROVE, an Illinois
home rule municipal corporation
By:
Daniel P. DiMaria, Village President
ATTEST:
By:
Eileen Scanlon Harford, Village Clerk
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
The foregoing instrument was acknowledged before me on _ day of 2017, by Daniel P.
DiMaria, the Village President of the VILLAGE OF MORTON GROVE, an Illinois home rule municipal
corporation, and by Eileen Scanlon Harford, the Village Clerk of said municipal corporation.
SEAL
My Commission expires:
Signature of Notary
LEXINGTON SITE B RDA 10-19-17
IN WITNESS WHEREOF, the parties hereto have affixed their signatures the date and year first above
written.
ATTEST:
By:
its:
STATE OF ILLINOIS
SS
COUNTY OF COOK
Lexington Homes, LLC, an Illinois limited liability
company
By:
Its:
On 2017 ,the
of Lexington Homes, LLC, an Illinois limited liability company, which
individual is personally known to me, appeared before me and acknowledged that he signed the
foregoing instrument for and on behalf of said limited liability company as his free and voluntary act and
as the free and voluntary act of said company for the uses and purposes herein mentioned.
SEAL
Signature of Notary
My Commission expires:
LEXINGTON SITE 13 RDA 10-19-17
LIST OF EXHIBITS
Exhibit A
Exhibit B
Legal Description of the Property
Special Use Ordinance
LEXINGTON SITE B RDA 10-19-17
Legislative Summary
Ordinance 17-28
ntroduced:
'urpose:
3ackground:
3udget
iummary:
Admin Recommd
Second Reading:
Special Consider
AN ORDINANCE ADOPTING THE BUDGETS FOR ALL CORPORATE PURPOSES OF THE
VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY,
COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR
EFFECTIVE JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018
November 13, 2017
The 2018 Budget represents the Corporate Authorities' projections of revenue that are expected to become
available during fiscal year 2018, as well as recommended expenditures for the Village.
The Budget was presented at Village Workshops held on October 10 and October 17, 2017, and a public
hearing on the budget was held on November 27, 2017. Public notice of the hearing was published in the
Pioneer Press newspaper on November 16, 2017. The Budget has been available for inspection at the office
of the Village Administrator, the Public Library, and posted on the Village's website since at least
November 17, 2017.
Fund# Fund 2018 Expenses
02 General Fund
Legislative $ 115,000
Media/Communication $ 41,690
Administration $ 639,675
Legal $ 308,700
Community & Economic Development $ 287,200
Finance $ 2,682,973
Information Technology $ 663,633
Reserves $ 510,000
Police & Animal Control $10,728,772
Fire & EMA $ 8,572,295
Public Works $ 3,728,485
Family & Senior/Civic Center $ 227,692
Building & Inspectional Service $ 782,750
Municipal Buildings $ 785,900
General Fund Sub Total $30,074,765
General Operations
03 Motor Fuel Tax $ 599,000
07 Emergency 911 $ 261,750
18 Commuter Parking $ 162,450
20 Debt Service $ 840,557
30 Capital Projects $ 1,357,500
40 Water & Sewer $11,620,125
41 Fire Alarm $ 207,000
42 Municipal Parking $ 13,800
43 Solid Waste $ 2,153,468
54 Seizure $ 366,180
45 MG Days $ 145,000
General Operations Sub Total $17,726,830
TIF/Economic Develop
13 Dempster -Waukegan TIF $ 1,342,900
15 Lehigh -Ferris TIF $ 3,952,710
16 Economic Development $ 1,078,884
17 Waukegan Road TIF $ 117,941
TIF/Economic Develop Total $ 6,492,435
Non -Pension Total $54,294,030
Pensions*
51 Municipal Employees Retire $ 1,176,000
52 Firefighters Pension $ 3,116,250
53 Police Pension $ 3,757,200
Pensions Total $ 8,049,450
Library $ 3,427,663
Village and Library Total $65,771,143
*Excludes IMRF, SLEP and OPEB Liabilities
Approval as presented.
Required
The budget is r iced to be passed�efore Dggember 31, 2017
Respectfully submitted
Reviewed by:
er Prepared by:
a h Fj. Czerwinski, llage Administrator Hanna Sullivan, Finance Director
Teresa HofGnh Liston, Corporation Counsel
ORDINANCE 17-28
AN ORDINANCE ADOPTING THE BUDGETS
FOR ALL CORPORATE PURPOSES OF THE
VILLAGE OF MORTON GROVE AND THE MORTON GROVE LIBRARY,
COOK COUNTY, ILLINOIS FOR THE CALENDAR YEAR
EFFECTIVE JANUARY 1, 2018, AND ENDING DECEMBER 31, 2018
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, pursuant to Ordinance 97-53 enacted on the 1 day of November 1997, the
Corporate Authorities of the Village of Morton Grove established by a two-thirds majority vote of the
Village Board then holding office, the budget system, all as authorized pursuant to Statute 65 ILCS
5/8-2-9.1 and pursuant to said statute and local ordinance, the Village Administrator of the Village of
Morton Grove has previously prepared and compiled the contents of the 2018 Budget and presented
said Budget in tentative form for consideration by the Village Board; and
WHEREAS, the proposed annual budget has been made conveniently available for public
inspection in the Office of the Village Administrator and at the Morton Grove Public Library at least
by November 17, 2017, such date being at least ten (10) days prior to the date of passage of this
Ordinance by the Village Board; and
WHEREAS, the Village Board held a public hearing on the proposed annual budget on the 27th
day of November 2017, such date being not less than one week after the proposed budget was made
available for inspection; and
WHEREAS, notice of such hearing was given by publication in the Pioneer Press Newspaper
which is a newspaper of general circulation in the Village, at least one week prior to the time of said
hearing; and
WHEREAS, the budget documents are too voluminous to attach to this ordinance, but comport
with the budget recapitulation attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The annual budget of the Village of Morton Grove, Illinois for the calendar year
beginning January 1, 2018 and ending December 31, 2018, pursuant to the official budget documents
currently kept in the Office of the Village Administrator shall be and is hereby adopted.
SECTION 3: The Annual Budget of the Morton Grove Public Library for the fiscal year
beginning January 1, 2018 and ending December 31, 2018, is attached hereto as Exhibit "B" shall be
and is hereby adopted
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 27th day of November 2017.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 27th day of November 2017.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 28th day of November 2017.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
VILLAGE OF MORTON GROVE AND MORTON GROVE PUBLIC LIBRARY
BUDGET ORDINANCE 17-28
CALENDAR YEAR JANUARY 1, 2018 TO DECEMBER 31, 2018
RECAPITULATION
Fund # Fund 2018 Expenses
02 General Fund
MG Days -Separate Fund
Legislative $ 115,000
Media/Communication $ 41,690
Administration $ 639,675
Legal $ 308,700
Community & Economic Development $ 287,200
Finance $ 2,682,973
Information Technology $ 663,633
Reserves $ 510,000
Police & Animal Control $10,728,772
Fire & EMA $ 8,572,772
Public Works $ 3,728,485
Family & Senior/Civic Center $ 227,692
Building & Inspectional Service $ 782,750
Municipal Buildings $ 785,900
General Fund Sub Total $30,074,765
General Operations
03 Motor Fuel Tax $ 599,000
07 Emergency 911 $ 261,750
18 Commuter Parking $ 162,450
20 Debt Service $ 840,557
30 Capital Projects $ 1,357,500
40 Water & Sewer $11,620,125
41 Fire Alarm $ 207,000
42 Municipal Parking $ 13,800
43 Solid Waste $ 2,153,468
54 Seizure $ 366,180
MG Days $ 145,000
General Operations Sub Total $17,726,830
TIF/Economic Develop
13 Dempster -Waukegan TIF $ 1,342,900
15 Lehigh -Ferris TIF $ 3,952,710
16 Economic Development $ 1,078,884
17 Waukegan Road TIF $ 117,941
TIF/Economic Develop Total $ 6,492,435
Non -Pension Total $54,294,030
Pensions*
51 Municipal Employees Retire $ 1,176,000
52 Firefighters Pension $ 3,116,250
53 Police Pension $ 3,757,200
Pensions Total $ 8,049,450
Library $ 3,427,663
Village and Library Total $65,771,143
*Excludes IMRF, SLEP and OPEB Liabilities
EXHIBIT "B"
MORTON GROVE PUBLIC LIBRARY
APPROPRIATIONS AND LEVY
CALENDAR YEAR 2018
Revenues / Reciepts
Property Tax
Replacement Tax
Fines
Lost Book Payment Photocopy/ Printing
Miscellaneous Income
Grants
Interest lncome
Book Sale
Donations
Vending Income
Total Revenues / Reciepts
Expenses (Summary)
Salaries
Other Personnel Expenses
Materials / Services
Operations
Special Taxes
Transfer to Other Funds
Total Expenses
Change in Fund Balance
2018 Budget
$
3,338,463
$ 29,000
$ 20,000
$
5,500
$ 2,500
$
17,900
$ 5,000
$
3,000
$ 200
$ 6,100
$ 3,427,663
$
1,660,863
$ 571,700
$
570,600
$ 439,000
$ 185,500
3,427,663
Legislative Summary
ORDINANCE 17-29
Introduced:
Synopsis
Purpose:
Background:
Summary of
Appropriations to
be levied and
Assessed:
Admin Recommd:
Second Reading:
Special Consider
or Requirements:
AN ORDINANCE LEVYING AND ASSESSING TAXES
FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS
FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018
November 13, 2017
This ordinance sets the 2017 property tax levy amount that will be collected and will fund the 2018 budget.
This ordinance must be adopted and filed with the Cook County Clerk in order to levy property taxes within
the Village of Morton Grove.
Pursuant to Ordinance 17-28, the amount necessary to be levied for the 2017 property taxes is: $10,039,565 for
Village operational expenses, $586,019 for Village debt service and $3,338,463 for the Library. This will
result in a levy of $10,625,584 for the Village and $3,338,463 for the Library for a total levy of $13,964,047.
By law the Village is required to levy an additional $3,168,109 for Village debt service payments authorized
by general obligation notes and bonds for a total levy before abatements in the amount of $17,132,156.
However, the Village Board intends to adopt Resolutions that will immediately abate $3,168,109 from the levy
resulting in the net levy as intended by the Corporate Authorities in the amount of $13,964,047. The effective
result is a 3.9% increase in the Village's portion of the tax levy and a I% increase in the Library's portion of
the tax levy, resulting in an overall increase of 3.2% from the final extended tax levy from the previous year.
Fund
u
Fund Name
Purpose
2018 Budget
Expenditures
Tax Levy
Requirements
Abatements
2017
Net Levy
Village of Morton Grove
02 General Fund
Corporate Purposes
General $ 16,838,475 $ 737,669 $ - $ 737,669
Police Operations (note 1) $ 6,971,572 $ 1,500,000 $ - $ 1,500,000
Fire Operations (note 1) $ 5,456,045 $ 1,500,000 $ - $ 1,500,000
IMRF Pension $ 279,585 $ 279,585 $ - $ 279,585
C.N.A. Pension $ 697,838 $ 697,838 $ - $ 697,838
General Fund sub -total $ 30,243,515 $ 4,715,092 $ - $ 4,715,092
30 Capital Projects Fund $ 1,357,500 $ - $ -
52 Fire Pension Fund $ 3,005,100 $ 2,647,365 $ - $ 2;647,365
53 Police Pension Fund $ 3,721,000 $ 2,677,108 $ - $ 2,677,108
Non -Debt sub -total $ 38,327,115 $ 10,039,565 $ - $ 10,039,565
Debt
20 2015 G.O. New Money $ 840,557 $ 168,750 $ 168,750
15 2015 G.O. LF TIF Refinance $ 3,952,710 $ 777,800 $ (777,800) $ -
15 2014 G.O. Bond $ 33,900 $ - $ 33,900
20 2010A&B G.O. Bond $ 805,596 $ (422,227) $ 383,369
20 2009A G.O. Note $ 545,890 $ (545,890) $
17 2009 Waukegan Rd. TIF $ 117,941 $ 1,278,775 $ (1,278,775) $
2007 Lehigh Ferris TIF
17 1998A Waukegan Rd. TIF Note $ 143,417 $ (143,417) $ -
Debt sub -total ,$ 4,070,651 $ 3,754,128 $ (3,168,109) $ 586,019
Village Total $ 42,397,766 $ 13,793,693 $ (3,168,109) $ 10,625,584
Village of Morton Grove Library
General $ 3,427,663 $ 3,338,463 $ - $ 3,338,463
Grand Total $ 45,825,429 $ 17,132,156 $ (3,168,109) $ 13,964,047
Notes
(1) Excludes pension cost which is reflected in fund #52 and fund tl53 as a sepa rate tax levy category.
Approval as presented.
Required
A certified copy of this resolution must be filed with the Cook County Clerk on or before the last Tuesday in
December.
Respectfully submitted:
Reviewed by:
zerwinski, Vilcge Administrator
Teresa
offjirah j iston, Corporation Counsel
Prepared by:
Hanna Sullivan, Finance Director
ORDINANCE 17-29
AN ORDINANCE LEVYING AND ASSESSING TAXES
FOR THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS
FOR FISCAL YEAR
BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, on November 27, 2017, the President and Board of Trustees of the Village passed
and approved by roll call vote, the annual Budget Ordinance 17- of said Village for the fiscal year
beginning January 1, 2018, and ending December 31, 2018. The Ordinance was duly signed and
approved by the President and Board of Trustees of the Village and attested by the Village Clerk; and
thereafter it was duly published in pamphlet form by order of the President and Board of Trustees of
the Village; and
WHEREAS, Pursuant to Ordinance 17-28, the amount necessary to be levied for 2017 property
taxes is $10,625,584 for the Village and $3,338,463 for the Library for a total levy of Thirteen Million
Nine Hundred Sixty -Four Thousand Forty -Seven Dollars ($13,964,047).
WHEREAS, by law the Village is required to levy an additional $3,168,109 for debt service
payments authorized by general obligation notes and bonds for a total levy before abatement in the
amount of Seventeen Million One Hundred Thirty -Two Thousand One Hundred Fifty -Six Dollars
($17,132,156).
WHEREAS, the Village Board has adopted Resolutions that will immediately abate $3,168,109
from the levy resulting in the net levy as intended by the Corporate Authorities in the amount of
$13,964,047.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The total amount of appropriations for all corporate purposes legally made and to
be collected from the tax levy of 2017 is hereby ascertained to be the sum of Seventeen Million One
Hundred Thirty -Two Thousand One Hundred Fifty -Six Dollars ($17,132,156) of which Three Million
One Hundred Sixty -Eight Thousand One Hundred Nine Dollars ($3,168,109) is abated, leaving a net
property tax levy of Thirteen Million Nine Hundred Sixty -Four Thousand Forty -Seven Dollars
($13,964,047).
SECTION 3: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 27th day of November 2017
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 27th day of November 2017.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
28th day of November 2017.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Ordinance 17-30
AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 7 TO 13E NEWLY TITLED
"PERMITS FOR VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS" OF THE MUNICIPAL
CODE OF THE VILLAGE OF MORTON GROVE
November 13, 2017
Introduced:
Purpose:
Background:
Departments
Affected
Fiscal Impact:
Source of Funds:
Workload
Impact:
Administrator
Recommendation:
Second Reading:
Special
Considerations or
Requirements:
To establish a permitting process for oversized overweight vehicles travelling through the
Village.
The Village is allowed by state law to issue permits for oversized and overweight
vehicles. While requests for such permits are infrequent, they are complex as the
Village does not currently have legislation or policies in place to issue and regulate
these permits.
The Metropolitan Mayors Conference has developed a streamlined regional
permitting process for oversized and overweight vehicles and has recommended
municipalities utilize Oxcart Permit Systems LLC which offers an online permit
application system that interfaces with the state of Illinois and other municipalities
thereby creating a single point of contact for permitting throughout the region.
Oxcart Permit Systems LLC does not charge municipalities for this service; instead
they charge the permitee a small service charge on top of the permit fee. In order
utilize the services of Oxcart LLC., it is necessary update the Village Code to
require and regulate permitting of oversized and overweight vehicles travelling
upon Village rights of way.
Police, Finance, and Administration Departments
The Village will realize a small amount of revenue from permit registration. The
service fee charged by Oxcart Permit Systems, LLC will be paid by the permitee.
Not Applicable
The Police Department and Finance Department will include the issuance of the permits
into their daily routine as it becomes part of their normal work day
Approval as presented.
November 27, 2017 — Municipal Code Change
None
Respectfully submitted:
Ralph E. Cz
Reviewed by:
•
ilia e d mistr
ki, V g ator
Mike Si o, Police Chief
Prepared by: f A141
Teresa Ho man Lisikn, Corporation Counsel
ORDINANCE 17-30
AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 7
TO BE NEWLY TITLED
"PERMITS FOR VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS"
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, can exercise any power and perform any function pertaining to its government affairs,
including but not limited to the power to tax and incur debt; and
WHEREAS, the Village, routinely reviews ordinances throughout the Village to ensure those
ordinances accurately reflect the needs of the community; and
WHEREAS, the Village is permitted by state law to issue permits for oversized and overweight
vehicles travelling through Village rights of ways. While requests for such permits are infrequent, they
are complex as the Village does not currently have legislation or policies in place to issue and regulate
these permits; and
WHEREAS, the Metropolitan Mayors Conference has developed a streamlined regional
permitting process for oversized and overweight vehicles and has recommended municipalities utilize
a third party online permit application system in order to interface with the state of Illinois and other
municipalities. The Caucus has recommended the Village utilize Oxcart Permit Systems LLC to create
a single point of contact for permitting throughout the region. Oxcart Permit Systems LLC does not
charge municipalities for this service; instead they charge the permitee a small service charge on top of
the permit fee.
WHEREAS, in order to meet the state requirements, it is necessary to amend he Village Code
to establish permit requirements for oversized and overweight vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: Title 5, Chapter 8, Section 7 Entitled "Loads Restricted Weight Limits" is
hereby replaced in its entirety and amended to read as follows:
5-8-7: PERMITS FOR VEHICLES EXCEEDING SIZE AND WEIGHT LIMITS:
A. Permit Required:
1. A permit issued by the Chief of Police or his designee shall be required for the
movement of any vehicle or combination of vehicles, which is non -divisible or is
carrying a load which is non -divisible, while operating on highways and bridges within
the jurisdiction of the Village while exceeding the maximum size and weight limits
described in 625 ILCS 5.0/15-102 f the Illinois Vehicle Code.
2. The following vehicles shall be exempt from the permit requirements of this Section:
a. Village owned vehicles;
b. Utility company vehicles responding to an emergency;
B. Application for Overweight and Over -Dimension Permits:
1. Applications for all overweight and over -dimension permits shall be submitted in the
method and form required by the Chief of Police or his designee and shall include at a
minimum:
a. The type of vehicle;
b. The weights and dimensions of the vehicle(s);
c. The description of the load;
d. The requested route to be taken by the vehicle;
e. The destination of the vehicle within the Village;
f. The name of the carrier, if different than the applicant.
2. No application for a permit shall be processed or approved until the applicant submits a
completed application and proof of payment of the applicable fee.
3. An application for a permit shall be denied unless the Chief of Police or his designee
determines the Village's highways and bridges will not be unduly damaged, and the
safety of the traveling public will be adequately protected under the terms of the permit.
4. In consideration of seasonal or other time limitations, the Chief of Police or his
designee may restrict the number and/or time of daily trips authorized by each permit, as
is consistent with the public safety.
5. In establishing the routes to be traveled, the Chief of Police or his designee may
establish the route consistent with public safety, taking into consideration existing
traffic, the character of the road(s) and the configuration of the terrain.
C. Fee schedule for permits: Upon application for a permit, the applicant shall pay a permit fee
pursuant to the following fee schedules:
1. Limited Continuous Operation (LCO) overweight permits. LCO permits are issued to a
single power unit and may tow or carry non -divisible, interchangeable loads for the
duration of the permit. The maximum gross weight for any LCO permit is 120,000
pounds. Permits for limited continuous operation shall be based on the following fee
schedule:
a. Fifty dollars ($50.00) daily - expires at 11:59 pm the date of issue.
b. Two hundred fifty dollars ($250.00) weekly - valid for (7) days from the
requested date and time of issuance.
c. Five hundred dollars ($500.00) monthly — valid for thirty (30) days from the
requested date and time of issuance.
2. Other Loads. Permits for all non -divisible overweight (includes any over -dimension)
movements not covered by subsection a) of this section shall be based on the following
fee schedule:
Overweight Permit Fee Schedule
Weight (with load)
Up to 100,000 lbs.
100,001 — 120,000 lbs.
120,001 —150,000 lbs.
150,001 lbs. or more
Single Trip **
$ 75.00
$100.00
$125.00
$150.00
Round Trip***
$150.00
$200.00
$250.00
$300.00
**Single trip. One (1) move from the point of origin to the point of destination. Any
additional stops between the point of origin and the point of destination are expressly
prohibited. Single Trip permits are valid for five (5) days from the requested date and
time of issuance.
***Round trip. Two (2) trips over the same route in opposite directions. Any additional
stops between the point of origin and point of destination (and reverse) are expressly
prohibited. Round trip permits shall be valid for a period not to exceed ten (10) days
from the date and time of issuance.
3. Over -dimension only permits may be applied for and may be granted in the amount of
$50 for single trips and $100 round trips.
4. No refunds of the permit fee shall be made to the applicant following the issuance of a
permit.
D. Conditions of Permits:
1. The Chief of Police or his designee is authorized to create and amend reasonable
provisions for permits;
2. It is the duty of the permittee to read and understand the permit provisions. The
permittee has the responsibility to report to the Police Department any inaccuracies or
errors on the part of either the Village or the permittee before starting any move.
Undertaking of the peuiiit move is deemed prima facie evidence of acceptance of the
permit and the permittee's representation and agreement that:
a. The permittee shall comply with all operational requirements of the permit;
b. All dimension and weight limitations specified in the permit will not be
exceeded;
c. The permittee shall comply with all township, village, county, and state statues,
ordinances, regulations, rules and other requirements pertaining to the transport
of goods or operation of a vehicle engaged in the transport of goods;
d. All financial responsibilities, obligations, and other legal requirements have
been met;
e. The permittee assumes all responsibility for injury or damage to persons or to
public or private property, including his own, or to the object being
transported, caused directly or indirectly by the transportation or movement of
vehicles and objects authorized under the permit; and
f. The permittee agrees to hold the Village harmless from all suits, claims,
damages, or proceedings of any kind and to indemnify the Village for any
claim it may be required to pay arising from the movement.
3. The permit shall be carried in the vehicle, in either paper or electronic form, always
while operating on highways within the Village and shall be exhibited upon demand to
any enforcement officer, police officer, or other authorized official of the Village.
4. Permits for vehicles are valid only for the period beginning one half hour before
sunrise and ending a half hour after sunset, and only on days which a permit issued by
the Illinois Department of Transportation is valid.
5. All permits shall be nontransferable and shall be valid only for the applicant or his
agent or employee and the specific vehicle listed on the application.
6. The permits issued under this section constitute a grant of a privilege by the Village and
may be denied, suspended or revoked for such reasons as the Village may deem
rationally related to its governmental interests, including if:
a. The permit has been altered for the purpose of deception;
b. A permittee fraudulently provides incorrect information in an application for a
permit;
c. The permitee or its agents or employees is not in compliance with township,
village, county, and state statues, ordinances, regulations, rules and other
requirements pertaining to the transport of goods or operation of a vehicle
engaged in the transport of goods;
8. Any applicant or permittee denied a permit or who has had a permit suspended or
revoked shall upon written request, be given a hearing before the Chief of Police first,
then the Village Administrator if the permittee is still unsatisfied.
9. Whenever any vehicle is operated in violation of the provisions of a Village permit
whether it be by size, weight, or general provisions, and either or both the owner or
driver of such vehicle shall be deemed guilty and either or both the owner or the driver
of such vehicle may be prosecuted for such violation.
10. Moving on Village highways without a valid permit as required under this section may,
in the discretion of the Chief of Police, be revoked for up to twelve (12) months.
SECTION 3: The Village Administrator is authorized to enter into an agreement with Oxcart
Permit Systems LLC or such other third party permit service company selected by the Village
Administrator to manage the permit process for the Village. The Village Administrator, the Police
Chief or their designees are authorized to take all steps necessary to implement and manage the permit
process.
SECTION 4: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable by any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full
force and effect.
SECTION 5: In the event this ordinance or any Code amendment herein is in conflict with any
statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling
and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict.
Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village
Code are hereby restated, readopted, and shall remain in full force and effect.
SECTION 6: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 27th day of November 2017.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 27`h day of November 2017.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 28th day of November 2017.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois