VILLAGE OF MUNDELEIN

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VILLAGE OF MUNDELEIN

AGENDA

VILLAGE BOARD MEETING

NO. 3001 February 14, 2011 –7:00 P.M.

Fire Headquarters, 1000 N. Midlothian Road, Mundelein, IL

I. CALL TO ORDER

II. ROLL CALL

III. PLEDGE OF ALLEGIANCE

IV. APPROVAL OF MINUTES

A. Village Board Meeting – January 24, 2011 (Exhibit 1)

V. PUBLIC COMMENTARY

VI. PRESENTATIONS/AWARDS

A. Proclamation Recognizing Kenneth A. Miller, for 32 Years of Service to the Village of Mundelein (Exhibit 2)

B. Human Relations Commission – Annual Report (Exhibit 3)

VII. PUBLIC HEARINGS

VIII. MAYOR’S REPORT

A. Human Relations Commission – Diversity Award Program (Exhibit 3)

1. Motion to authorize staff to draft a Resolution adopting the Diversity Award Program.

B. Appointment of Joseph V. DeVito as Acting Director of Public Works (Exhibit 4)

1. Motion to adopt A Resolution Appointing Joseph V. DeVito as Acting Director of Public Works Following the Retirement of Kenneth Miller as Director of Public Works

C. Proclamation of a Disaster – February 2, 2011 – February 14, 2011 (Exhibit 5)

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D. Creation of Liquor License Category M1 and M2 for Microbrewey/Brew Pub (Exhibit 6)

1. Motion to pass An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of Alcoholic Liquor in the Village of Mundelein, Illinois.

E. Microbrewery Liquor License – Tighthead Brewery (Exhibit 7)

1. Motion to pass An Ordinance Amending Ordinance No. 04-12-69, An Ordinance Regulating the Sale of Alcoholic Liquor in the Village of Mundelein, Illinois to Increase the Number of Class M1 Liquor Licenses from Zero (0) to One (1)

F. Tall Grass Ridge (Exhibit 8)

1. Motion to adopt a Resolution Conditionally Approving Assignments of Developers Rights and Responsibilities Regarding the Tall Grass Ridge Subdivision

2. Motion to adopt a Resolution Conditionally Reapproving the Builder’s Agreement with Revisions Between the Village of Mundelein and K. Hovnanian T & C Homes at Illinois LLC, Regarding the Tall Grass Ridge Subdivision

3. Motion to authorize the Village Attorney to sign all escrow instructions pertaining to the Village of Mundelein regarding Tall Grass Ridge Subdivision and deliver into such escrows all documents executed by Village officials as authorized by the Board of Trustees.

G. Other Reports

IX. TRUSTEE REPORTS

A. Public Works Committee (Semple)

B. Finance Committee (Sullivan)

1. Motion to approve the payment of bills, as indicated on Disbursement Pending Report dated 02/14/11 for AT&T invoices totaling $12,663.78. (Exhibit 9)

C. Public Safety Committee (Meier)

D. Community Development Committee (Voss)

E. Permits Committee (Nutschnig)

1. Meeting Call – February 28, 2011 – 6:45 p.m.

Re: Insite RE, Inc. on behalf of T-Mobile 251 N. Pershing

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F. Transportation & Infrastructure Committee (Lentz)

1. Report on prior Committee meeting and action on the recommendation of the Committee

2. Motion to approve the Local Agency Agreement with the Illinois Department of Transportation for the US 45 (Lake Street) Streetscape (Park Street to Wellington Avenue) Preliminary Engineering under the Illinois Transportation Enhancement Program and authorize the Mayor to sign the Agreement. (Exhibit 10)

3. Motion to approve the Preliminary Engineering Services Agreement for Federal Participation with HR Green, Inc. to perform engineering services related to the US 45 (Lake Street) Streetscape (Park Street to Wellington Avenue) in an amount not to exceed $36,006.83 and authorize the Mayor and Clerk to sign the agreement. (Exhibit 11)

G. Other Reports

X. SCHEDULED BUSINESS

Omnibus Vote Items

Exhibit A Motion to approve the purchase order and payment in the amount of $18,004.00

from Berger Excavating Contractor, Inc. for IRMA Claim – 1301 Allanson Road – Water Main Break.

B Motion to approve the replacement of the sanitary sewer service for the property located at 1355 S. lake Street in an amount not to exceed $8,500.00.

C Motion to approve the purchase order and payment in the amount of $19,703.55 from State of IL Department of Employment Security for Unemployment charges ending 12/31/10.

D Motion to pass An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of Alcoholic Liquor in the Village of Mundelein, Illinois to Increase the Number of Class B Liquor Licenses from thirteen (13) to Fourteen (14).

E Motion to approve the purchase order request to Morton International Inc. in the amount of $74,979.00 in order to purchase ice/snow control material.

F Motion to adopt A Resolution Waiving the Formal Bidding Procedure for the Purchase of Digital Capable Portable Radios and Accessory Equipment by the Mundelein Police Department and Authorizing the Police Chief to Execute the Proposal with Motorola, Inc. of Schaumburg, IL in the amount of $15,842.94.

G Motion to approve the payment of bills, as indicated in the Governing Body Report for the period 01/25/11 through 02/14/11 in the amount of $721,505.93.

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XI. VILLAGE STAFF REPORTS

A. Village Administrator

1. Liquor License Ordinance Amendment Discussion (Exhibit 12)

B. Village Attorney

C. Village Clerk

XII. EXECUTIVE SESSION

A. Motion to recess into Executive Session to discuss pending litigation pursuant to 5 ILCS 120, Section 2(c)(11), land acquisition pursuant to 5 ILCS 120, Section 2(C)(5), personnel pursuant to 5 ILCS 120, Section 2(C)(1), and minutes pursuant to 5 ILCS 120, Section 2 (c)(21).

B. Motion to reconvene Village Board Meeting

C. Attendance

D. Action from Executive Session

XIII. OTHER BUSINESS

XIV. ADJOURNMENT

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UPCOMING MEETING SCHEDULE*

Pebrumy 14, 2011

Fcbruary 14, 2011

February 14,2011

February 28, 2011

February 28, 2011

6:15 p.m.

7:00 p.m.

8:00 p.m.

6:45 p.m.

7:00 p.m.

Transportation & Infrastructure COlnnuttceRc: NPDES Permit

Regular Village Board Meeting

Liquor Commission MeetingRe: Liquor Violation

Pennits C01111mttcc

Re: Insite RE, Inc. on Behalf ofT-J\!obilc251 N. Pershing

Regular Village Board Meeting

* All meetings will be held at Village of Mundelein Fire Headquarters, 1000 N. Midlothian Road, Mundelein, Illinois,unless otherwise stated.

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The 3000nd Regular Meeting of the Board of Trustees of the Village of Mundelein was held Monday, January 24, 2011 at 1000 North Midlothian Road, Mundelein. Mayor Kessler called the meeting to order at 7:09 pm. Clerk Dahlstrom took the roll. It indicated these members present: Trustees Lentz, Meier, Nutschnig, Sullivan, and Voss; absent: Semple. Village attendance: Village Administrator Lobaito, Assistant Village Administrator Flynn, Chief Rose, MPD; Chief Sashko, MFD; Director of Finance Hatton, Village Engineer Emmerich, Facility Maintenance Superintendent of Public Works Schafernak, Director of Building Schubkegel, and Attorney Marino. Mayor Kessler led the pledge of allegiance. Motion by Voss, seconded by Lentz to approve the Minutes of the Regular Village Board Meeting of January 10, 2011. Trustee Voss corrected page 3, there was no VIP training, but a ribbon cutting ceremony for VIP Fitness, 1421 Armour Boulevard. Trustee Meier corrected page 5, paragraph 2, a spelling correction to the word “to”. Upon roll call vote, the vote was as follows: Ayes: Voss, Lentz, Meier, Nutschnig, and Sullivan; nays: none; absent and not voting: Semple. Motion carried. Mayor Kessler opened the floor for public commentary. No comments were made. The public commentary was closed. Mayor Kessler announced two Good Neighbor Awards; for SuperTarget and Medline Industries, Incorporated. Mayor Kessler introduced Chief Rose to present the awards. Chief Rose introduced and presented a proclamation to Mr. Bill Abrahams, Medline Foundations for their participation in the Shop with a Cop program. Mayor Kessler complimented Mr. Abrahams on the recent expansion to the Medline building and was impressed with the tour he was given. Chief Rose introduced and presented a proclamation to Ms. Nadia Popova, Executive Team Leader for SuperTarget for their participation in Shop with a Cop program and National Night Out, which would not have been held without their sponsorship. Motion by Nutschnig, seconded by Sullivan to pass An Ordinance Granting a Variation at 1795 Barnhill Drive. Trustee Voss stated she was opposed to the request because she feels it does not meet the hardship justification. Trustee Voss urged her fellow Board

3000nd Regular Meeting Attendance Pledge of Allegiance Motion to Approve the Minutes of Regular Board Meeting of 01.10.11 Floor Opened to Public Floor Closed to Public Good Neighbor Awards: Medline Industries SuperTarget Mayor’s Report 1795 Barnhill Drive

EXHIBIT 1

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members to reconsider a change to the ordinance to add a restriction to the parking on the walkway since a deed restriction was not made a condition. Discussion continued regarding restricting parking on the walkway, enforcing the no parking. Motion by Voss, seconded by Lentz to amend the Ordinance Granting a Variation at 1795 Barnhill Drive, with the condition no parking be allowed on the western 6 feet of the driveway. Upon roll call vote, the vote was as follows: Ayes: Voss, Lentz, Meier, Nutschnig, and Sullivan; nays: none; absent and not voting: Semple. Motion carried. Motion Nutschnig, seconded by Sullivan to pass An Ordinance Granting a Variation at 1795 Barnhill Drive, as amended. Upon roll call vote, the vote was as follows: Ayes: Nutschnig, Sullivan, Lentz, Meier, and Voss; nays: none; absent and not voting: Semple. Motion carried. (Ordinance No. 11-01-04) Motion by Voss, seconded by Sullivan to Adopt a Resolution Conditionally Approving the Sixth Amendment to the Development Agreement by and between the Village of Mundelein and Tall Grass Ridge, LLC. Trustee Sullivan asked why the Park & Recreations District would be maintaining the wetlands. Administrator Lobaito stated the Park & Recreations District already controls part of the wetlands and the Village felt a public entity maintain control on that property. Upon roll call vote, the vote was as follows: Ayes: Voss, Sullivan, Lentz, Meier, and Nutschnig; nays: none; absent and not voting: Semple. Motion carried. (Resolution No. 11-01-03) Motion by Sullivan, seconded by Meier to approve the payment of bills, as indicated on Disbursement Pending Report dated 01/24/11 for Motorola invoices totaling $654.88. Trustee Nutschnig stated due to a conflict of interest, he would abstain from the motion. Upon roll call vote, the vote was as follows: Ayes: Sullivan, Meier, Lentz, and Voss; nays: none; abstain: Nutschnig; absent and not voting: Semple. Motion carried. Motion by Sullivan, seconded by Lentz to approve the payment of bills, paid under protest, as indicated on the Disbursements Pending Report dated 01/24/11 for North Shore Gas (165 N. Archer) invoices totaling $2,615.76. Upon roll call vote, the vote was as follows: Ayes: Voss, Lentz, Meier, Nutschnig, and Sullivan; nays: none; absent and not voting: Semple. Motion carried. Motion by Sullivan, seconded by Nutschnig to approve the payment of bills, as indicated on Disbursements Pending Report dated 01/24/11 for AT&T

Mayor’s Report (Continued) 1795 Barnhill Drive Tall Grass Ridge Finance Committee Motion to Approve Payment of Bills Dated 01.24.11 for Motorola Invoices Totaling $654.88 Motion to Approve Payment of Bills Paid Under Protest, Dated 01.24.11 for North Shore Gas Invoices Totaling $2,615.76

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invoices totaling $5,446.98. Trustee Meier stated due to a conflict of interest, she would abstain from the motion. Upon roll call vote, the vote was as follows: Ayes: Sullivan, Nutschnig, Lentz, and Voss; nays: none; abstain: Meier; absent and not voting: Semple. Motion carried. Trustee Sullivan highlighted the financial expenses and added as Chairman of the Finance Committee, each item on the bill list is carefully scrutinized along with the bill paying policies already established. Motion by Meier, seconded by Lentz to adopt A Resolution Approving Letter Agreement Between the Mundelein Fire Department and the Port Authority of New York and New Jersey Regarding 911 Artifact. Trustee Voss stated she asked Chief Sashko what the cost to the Village would be and was assured any cost to the Village would be paid for by donations to the Village. Trustee Voss stated she would not want any Village funds to be used towards the 911 artifact. Mayor Kessler stated he was confident donations would be raised to cover any cost to the Village, and added sufficient funds were raised to cover the restoration of Old Number One. Upon roll call vote, the vote was as follows: Ayes: Meier, Lentz, Nutschnig, Sullivan, and Voss; nays: none; absent and not voting: Semple. Motion carried. (Resolution No. 11-01-04) Motion by Meier, seconded by Voss to authorize the Mayor and Village Clerk to sign the voting authorization for Chief Sashko and Deputy Chief Leidig for the Lake and McHenry Counties Fire Departments Specialized Response Team. Upon roll call vote, the vote was as follows: Ayes: Meier, Voss, Lentz, Nutschnig, and Sullivan; nays: none; absent and not voting: Semple. Motion carried. Trustee Meier announced 400 students from Fremont School, West Oak School, and St. Mary’s School who would be graduating this week from the D.A.R.E. Program provided by the Police Department. Trustee Meier congratulated Ms. Krina Adhikari, Mundelein After School Coalition member, who was selected to the 2010-2011 Daily Herald Leadership Team recognizing high school students who excel in volunteerism and community service. Trustee Voss announced the Comprehensive Plan would be discussed at the Plan Commission meeting Wednesday January 26, 2011 at 7:00 pm.

Motion by Nutschnig, seconded by Sullivan to approve the minutes of the

Finance Committee (Continued) Motion to Approve Payment of Bills Dated 01.24.11 for AT&T Invoices Totaling $5,446.98 Financial Highlights Public Safety Committee September 11th Artifact Lake & McHenry Counties Fire Department Specialized Response Teams D.A.R.E. Graduations MHS Student Krina Adhikari - Daily Herald Leadership Team Recognition Community Development Committee

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January 10, 2011 Zoning Board of Appeals Meeting. Trustee Voss corrected page 2, 3rd paragraph, stating “Commissioner Semple stated it sent the wrong message” instead of “it tells the residents”. Upon roll call vote, the vote was as follows: Ayes: Nutschnig, Sullivan, Lentz, Meier, and Voss; nays: none; absent and not voting: Semple. Motion carried. Trustee Lentz called a Transportation and Infrastructure Committee meet for Monday February 14, 2011 at 6:15 pm to discuss NPDES MS4 Permits as required by the State. Trustee Lentz reported an informational meeting for affected residents Wednesday January 26, 2011 at 6:00 pm to discuss the street project. Mayor Kessler asked how the residents were notified. Trustee Lentz stated all affected residents received door-to-door flyers. Mayor Kessler presented the Omnibus Vote Agenda asking for any additions, deletions or corrections. Trustee Meier removed Item N. Trustee Voss thanked staff regarding Item H, reducing the collection rate from 45% to 35%. There were no other additions, deletions or corrections.

Motion by Voss, seconded by Nutschnig to approve the following Omnibus Vote Agenda, excluding Item N:

A Motion to authorize payment to the Registered Owner of Tier 1 Tax Increment Allocation Note (Cardinal Square) in the amount of $218,284.97 due on February 1, 2011. (Omnibus Vote)

B Motion to adopt A Resolution Authorizing Release of 2008 TIF Fund Reserves, Establishment of 2009 TIF Fund Reserves, Acknowledges TIF Fund Requests from Grade School, High School and Library District Prior to September 30, 2010, and Reimbursement of Funds from TIF Fund for Payment of Eligible Costs. (Omnibus Vote) (Resolution No. 11-01-05)

C Motion to adopt A Resolution Identifying the Eligible Redevelopment Project Costs to December 31, 2010 with Respect to the Downtown TIF District and Further Identifying Those Redevelopment Project Costs for Which Third Parties Have Agreed to Reimburse the Village. (Omnibus Vote) (Resolution No. 11-01-06)

Permits Committee Motion to Approve Minutes of the 01.10.11 ZBA Meeting Transportation & Infrastructure Committee Meeting Call 02.14.11 – 6:15 PM Street Project Meeting 01-26-11 – 6 PM Omnibus Vote Agenda Items Removed from Omnibus Agenda Motion to Approve Omnibus Vote Agenda

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D Motion to approve the Departmental Purchase Request in the amount of $217,481.39 for SB Mundelein LLC and the payment of principal and interest for February 2011 on the Mundelein Crossing Economic Incentive Agreement approved with Ordinance 03-08-24 and Resolution 05-08-23. (Omnibus Vote)

E Motion to approve the purchase order and payment in the amount of $89,763.00 from Charles F. Marino for Legal Services for Fiscal Year 2010 - May 1, 2009 – April 30, 2010. (Omnibus Vote)

F Motion to approve the Departmental Purchase Request in the amount of $15,000.00 and payment in the amount of $1,587.50 from Kane McKenna & Associates for consulting services/Weston Redevelopment. (Omnibus Vote)

G Motion to accept the 2010 Safety Program Year-End Report and Recommendation. (Omnibus Vote)

H Motion to authorize the Mayor to execute the Amendment to Collection Services Agreement between Municipal Collection Services, Inc. and the Village of Mundelein. (Omnibus Vote)

I Public Works Standby Power Generator 1. Motion to accept all bids received. (Omnibus Vote)

2. Motion to reject all bids received. (Omnibus Vote) 3. Motion to authorize Public Works to re-bid the standby power generator as a diesel fuel powered unit as opposed to a natural gas powered unit. (Omnibus Vote)

J Motion to approve the Departmental Purchase Order for $12,000.00 and payment in the amount of $9,520.00 from T.P.I. for Del Webb Inspection Services. (Omnibus Vote)

K Motion to pass An Ordinance Amending Ordinance No. 09-12-77, an Ordinance Providing for the Regulation and Registration of Rental Housing Properties Within the Village of Mundelein. (Omnibus Vote) (Ordinance No. 11-01-05)

L Motion to pass An Ordinance Amending Ordinance No. 11-01-03, an Ordinance Establishing the Office of Director of Engineering and Public Works. (Omnibus Vote) (Ordinance No. 11-01-06)

Motion to Approve Omnibus Vote Agenda (Continued)

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M Motion to adopt A Resolution Approving An Application by the Village of Mundelein for an Illinois Community Development Block Grant (CDBG) Disaster Recovery “Ike” Program Grant in the Amount of $750,000 to Reline Sanitary Sewer Mains and Manholes and Perform Related Construction Activities Associated with the Sewer Relining in the Diamond Lake Area. (Omnibus Vote) (Resolution No. 11-01-07)

N REMOVED

Upon roll call vote, the vote was as follows: Ayes: Voss, Nutschnig, Lentz, Meier, Sullivan; nays: none; absent and not voting: Semple. Motion carried. Motion by Sullivan, seconded by Nutschnig to approve the payment of bills, as indicated in the Governing Body Report for the period 01/11/11 through 01/24/11 in the amount of $1,188,549.63. Trustee Meier stated due to a conflict of interest regarding the payment to Dixon Engineering, Incorporated she would abstain from the motion. Trustee Sullivan reiterated the Governing Body Report was a 17 page report and stated this was an indication all trustees review each individual payment prior to the approval of the Omnibus Agenda. Upon roll call vote, the vote was as follows: Ayes: Sullivan, Nutschnig, Lentz, and Voss; nays: none; abstain: Meier; absent and not voting: Semple. Motion carried. Administrator Lobaito stated the AT&T bill was renegotiated by Staff and were able to reduce the cost by 10%, approximately $26,000 over the life of the contract. Administrator Lobaito thanked Assistant Administrator Flynn and the IT Department. Motion by Voss, seconded by Meier to authorize the Mayor to sign the Nondisclosure Agreement between Weston Solutions, Inc. and the Village of Mundelein. Upon roll call vote, the vote was as follows: Ayes: Voss, Meier, Lentz, Nutschnig, and Sullivan; nays: none; absent and not voting: Semple. Motion carried. Attorney Marino called an Executive Session with action to follow after the Regular Board meeting is reconvened. Motion by Nutschnig, seconded by Meier to recess into an Executive Session to discuss pending litigation pursuant to 5 ILCS 120, Section 2(c)(11). Upon roll call vote, the vote was as follows: Ayes: Nutschnig, Meier, Lentz, Sullivan, and Voss; nays: none; absent and not voting: Semple. Motion carried.

Motion to Approve Omnibus Vote Agenda (Continued) Motion to Approve Payment of Bills, as indicated in the Governing Body Report for the period 01/11/11 through 01/24/11 in the amount of $1,188,549.63 Administrator’s Report AT&T Phone Bill Weston Solutions, Inc. Nondisclosure Agreement Attorney’s Report Motion to Recess Into Executive Session

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The 3000nd Regular meeting was recessed at 7:56 pm. Motion by Meier, seconded by Lentz to reconvene the 3000nd Regular meeting. Upon roll call vote, the vote was as follows: Ayes: Meier, Lentz, Nutschnig, Sullivan, and Voss; nays: none; absent and not voting: Semple. Motion carried. The 3000nd Regular meeting was reconvened at 8:21 pm. Clerk Dahlstrom took the roll. It indicated these members present: Trustees Lentz, Meier, Nutschnig, Sullivan, and Voss; absent: Semple. Village attendance: Village Administrator Lobaito, Assistant Village Administrator Flynn, Attorney Marino, and Attorney LaLuzerne.

Motion by Lentz, seconded by Meier to Approve the Settlement Agreement in the Ivanhoe Case and Authorize the Mayor and Village Clerk to Execute the Settlement Agreement and the Accompanying Release Upon the Village Receiving Copies of the Settlement Agreement and Release Executed by all of the Other Parties. Upon roll call vote, the vote was as follows: Ayes: Lentz, Meier, Nutschnig, Sullivan, and Voss; nays: none; absent and not voting: Semple. Motion carried. Motion by Sullivan, seconded by Lentz to adjourn the 3000nd Regular Board meeting. Upon roll call vote, the vote was as follows: Ayes: Sullivan, Lentz, Meier, Nutschnig, and Voss; nays: none; absent and not voting: Semple. Motion carried. The 3000nd Regular meeting was adjourned at 8:22 pm. Village Clerk

3000nd Regular Meeting Recessed Motion to Reconvene the 3000nd Regular Meeting 3000nd Regular Meeting Reconvened Attendance Motion to Approve Settlement Agreement in Ivanhoe Case & Authorize Mayor to Execute the Settlement Agreement & Accompanying Release Motion to Adjourn Adjournment

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Exhibit 2

MAYORAL PROCLAMATIONRECOGNIZING I(ENNETH A. MILLER FOR 32 YEARS OF SERVICE TO

THE VILLAGE OF MUNDELEIN UPON HIS RETIREMENT FEBRUARY 28, 20ll

WHEREAS, Ken Miller began his employment with the Village of Mundelein on January 29,1979 as a Sewer Operator Class IVat $4.00 per hour; and

WHEREAS, Afr. Miller rose through the ranks of the Public Works Department as CollectionSystem Supervisor, and Assistant Superintendent ofPublic Works, before being appointed as the DirectorofPublic Works on July 10, 1989; and

WHEREAS, Mr. Miller also served the Village as a paid-on-call fireman, Ji'om 1983 lIntil hisappointment as Director ofPublic Works, achieving the rank ofFire Lieutenant; and

WHEREAS, Mr. Miller has served as the Village Safety DirectorJi'om October 22, 1990 to thepresent; and

WHEREAS, Mr. Miller has been active with the Intergovernmental Risk Management Agency'sPublic Works Steering Committee, an advismy group for improving the safety ofMunicipal Public WorksDepartments; and

WHEREAS, Mr. Miller has served his profession as a board member of the Lake Branch of theAmerican Public Works Association; and

WHEREAS, Mr. Miller was afounding member ofthe Illinois Public Works Mutual Aid Networkwhich now numbers over 100 member comlJlunities,· and

WHEREAS, Mr. Miller has been a se/jless public servant for 32 years.

NOW THEREFORE BE IT PROCLAIMED by Mayor Kenneth H. Kessler and the VillageBoard ofTrustees that Kenneth A. Miller is hereby commendedfor 32 years ofloyal service to the Villageof Mundelein and its residents. It is with deep gratitude and appreciation that we thank you for yourdedication and devotion to the people ofMundelein. We will miss your leadership. We wish you the best.

Proclaimed this 14th day ofFebruary, 2011 in the Village ofMundelein, Lake County, Illinois.

Atiest: _Village Clerk

Mayor

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VILLAGE BOARD REPORT

ivfayor Kelllleth H. KesslerBoard of Trustees

Exhibit 3

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For:

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Attachments:

[-Jum;ll1 Relations Commission

FebrLlar)' j,r, 2011

Annual Updatc

Diversity A\\lard Jnfonnation

Please accept this rncmol'<lncluID as the first anlltlCll report by the r-I111l1;m RcI<ltiol1s Commission to the VillageBoard. \'\/c afC vcry excited to share with yOLl our experiences and ideas as the newly reinstated HumanRelations Comm.ission. Om activities and works in progress arc outlined below.

I. 2009 National Night OutManned a booth at the event to promote the HRC and the 2010 Census.

2. 20 IaCensusInvokctllcllt included contacting the Census Bureau about getting materials in Spanish. Itwas discovered tint the Census Bmeau wiII not be making available in Spanish the materialschosen by Commissioners. It wa::, also learned that unless amunieipality is at least 40%Latino, no Spanish language qucstiont1<lires will be mailed. Mundelein \vas 29110 Latino as ofthe last census. Mundelein needed to set up a "Be Counted Center," so that nOll-Englishspeaking persons will be able to get help in filling out the questionnaires.

3. Village Organization ListCompiled a list of Village leaders to ])(:ttcr l1ndcrsl(lnd who is av,lilable for outreach indifferent typcs of organizations.

4. ResearchResearched mhcr COnlll11Ulitics' human rclations and diversity C\'Cllls to obtain irk',ls.

a. Hoffman Estatcs holds a Unity Day, which is 10 years old and includes 2k and Sk r:tccs J

photogmphy exhibits, family-friendly activities, and a wide rClngc of multi--ethnicperformances Bnd food.

b. Chicago has a movie-jn~thc-park summer program that has been such an overwhelmingsuccess, and a locnl version might be focllsed on international films, \vith approprialc foodvendors.

c. \\'11ecling hotds a multi-cullural [;\ir, \vhich consists of crafts, music, g:Hlles and fooel from\':'lriOUS countries around the world.

d. Quarterly meetings of the Illinois l\-lullicipa[ Human Relations Association arc held, withaddition:ll fllll1Ual events such as a\vards luncheons or prayer breakfasts to mark the Dr.Martin Luther I<.ing holiday in Jalluary.

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HRC lpda'ecebn,",} 14, 2011Page.2 of.2

5. Work PlanDeveloped short-term, mid-term, and long-term objectives. \'\'c bcg,m a work pi<lI1, butbecause of other priorities, we bad to put this on hold. [n the next few mOllths we intend torefocus our efforts of creating a \vork plan.

6. Photo ContestThe Commission laullched the first Photo Contest looking for images th~j[ promoted Unity

during the :L\Iuncletein Days 20lO festivities.7. Mundelein Oars Booth

The Commission manned a booth at the Arts and Crafts Filir during the i\Iunclelein Days2010. The purpose of the booth was to meet members of the community and shaLe1\Iundclcin's initiat1\'es for promoting diversity find unity.

8. Diversity A. \vardsThe Commission is working on a progr;'ltn to award a member or organi%ntion of thecommunity for promoting diversity. i\ttnched you will find a brief overview of the progmmand a Diversity Awnrd Packet. The Commission envisions adoption of a Resolution by theBonrd to show formal 5uppon for the program.

9. Mundelein Days 201 Ia. Idens for exhibits include an art installation, a dance program, an entry into the parade, a

music act, a game, or other event. This is Cll1Tently under discussion.b. Suggestions have been provided for music groups to the ?vlundelein Days Committee.

[n the coming months we hope to wrap up the launch of the Diversity Award program and create a workplan with specific project goals. A fcw activitics we have discussed are developing a signanlre event forhfundelein Days, seeking speakers that can provide insight to human relations issues, developing study circles,and pt'Omoting human relations at the farmers market. Any guidance the Vill;lgc Board may have as to whattypes of projects \ve should focus on would be welcome.

.As this is a commission that has been in operation less them two rears, there <'Ire (l lot of great ideas underdiscussion that have yet to come to fruition. \'\/e hope to continue out work bringing the communitytogether and assuring all residents are afforded the opportunity for mutual respect, cooperation andunderstanding, and acknowledge the value of all forms of diversity within the community through our eventsand materials with the support of the Village Board.

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VILLAGE BOARD REPORT

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hfayor Kenneth H. KesslerBoard ofTruslcc$

1IUlllnu Relations COlllllli"ioll ~().U-;~_;__;;,vp.f(l'1M~'r1Fcbnwxy l·~, 2011

Subject: Diversity :\\vard Packet

ReeD llllllcndation: ;\ motion to authorize staff to draft a resolutioll.

Attachments: Divetsity i\\Vard Packet

Please accept this mcmorandurn as an introduction to a project the Human Relations Commission has beendeveloping for sc\'cral month$~ Diycrsity Awards. 'I"hrough research efforts by the Commission, it was foundthat a Ilumber of communities celebrate the actions of individuals and organiziltions by acceptingnominations for extraordinary efforts and selecting recipients of a diversity award. The Commission fdt it isimportant to b{~comc ~\\varc of these activities and ideas that occur in l\lundclein or St{~111 from indi\'iduab orgroups related to l'vfundclcin, while additionally meeting the Commission's purpose to assure all lTsidcnts areafforded the opportunity for mutual respect. cooperation and llnderst'lllding, and acknowledge the value ofall forms of diversity within the community,

Attached you will find the Diversity Award nomination packet~ which olltlines the process and the criteria forthe award. Although the Commission envisions the recipients of this award to be varied (businesses,organizations. students, etc.)~ the focus for the rn::lrkctillg <Jnd <J\vards for this early initiative will be on schools(faculty, staff, students, stmlclll organizations).

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Distributlon/rvfarkctinp: of Award to Schools

The Commission is humbly requesting the support of the Village Hoard by adoption of;l Resolution. Shouldthc Commission receive your support, the following timelinc is cnvisioned:

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Tucsda\', March 1,201 IWedncsda\', Match 2, 2011 Deter.mine vendor and price for award

Thursda\', March 31, 2011 Nominations for Diversitv Award Due\\'edncsda}", April 6, 20 II Rcview Nomination Packets, Determine winner ofDivcrsity ,\ward~

Place order for AwardMonday. ,\ptil 25, 20 II i\·fayor presents rccipient with <1\vard.

Recommendation

The Human Relations Commission recommcnds the Village Board m,lke a motion to authorize staff to drafta resolution adopting dle Diversity Award Program.

HRCj.\MO

VILLAGE OF MUNDELEINDIVERSITY AWARD 2011

The HUl1Ull Relations Commission, on behalf of the Village of :tYfundclcin is launching a newtradition of recognizing and celebrating individuals who promote, initiate programs and advocate forcultural or social awareness.

The hIayor and the Village Board will present the award to an outstanding individual [rotn one ofour schools who meet the award criteria.

AWARD CATEGORIES

Student Student Organization Faculty/Staff

AWARD CRITERIA

• Supports or creates a program to recognize diversity.

• Demonstrates peaceful problem solving.

• Pr01110tes social or cultural understanding and builds cross-cultural relations.

• Provides an opportunity for others to learn innovative methods of promoting tolerance.

• The activity will be ongoing and can be replicated.

• DetTIonstrates leadership or serves as a role tTIodel.

• The n01TIinee n1ust live in Mundelein, attend school in Mundelein or work in l\Iundelein.

NOMINATIONS

lvlembers of the comtTIunity and outside of the cotTImunity tnay submit nominations forconsideration by the Human Relations Cotnmission. Nomination forms are available through theVillage of Mundelein website, www.mundelein.org, or by calling the I-Iuman Relations Commissionstaff liaison at (847) 949-3282.

SELECTION COMMITTEE

The Human Relations Commission is a sub-committee of the Village Board, appointed by theMayor. The purpose of this group is to assure that all residents are afforded the opportunity formutual respect, cooperation and understanding and acknowledge the value of diversity within thecotnmunity.

All nominations must be received by March 31, 2011. Nomination forms must be fully completedto receive consideration. Send nominations to the following address:

Human Relations CommissionVillage of Mundelein

440 East Hawley StreetMundelein, Illinois 60060

Or email to: [email protected] Subject Line: Diversity Award Non1ination

1

CRITERIA DESCRIPTIONS

• Supports or creates a program to recognize diversity.

• Demonstrates peaceful problem solving.

• Promotes social or cultural understanding and builds cross-cultural rclations.

• Provides an opportunity for others to learn innovative methods to promote tolerance.

• The activity will be ongoing and can be replicated.

• Demonstrates leadership or serves as a role modeL

• The nominee must live in Iviundelein, attend school in rvfundclcin or work in I\hmdclcin.

2

VILLAGE OF MUNDELEINDIVERSITY AWARD 2011NOMINATION FORM

ALL NOMINATIONS MUST BE RECEIVED BY MARCH 31, 2011

Il/stmdioJls: Please type (or legibly print) all fields of this nomination fonn and return it with a typed,one-page narrative about how the individual, student organization, or faculty/staff exemplifies oneor 1110re of the eligibility criteria. For consideration, the narrative must be no more tll'Jl1 onc page inlength. For additional help, see the attached narrative sample and criteria descriptions.

Nominee Inforolation:

Name ofInclividual: _

Address: ~ _

City: ZIP: _

Email: _

-or-

Organization: _

Address: _

City: ZIP: _

Email: _

Date: _

Occupation:

Phone: _

Contact Person: ~ _

Phone: _

Nominated By:

Name:

Address: _

City: ZIP: _

Email: ~ _

Signature of Nominator:

All nominations must be received by March 31, 2011.

3

Date: _

Phone: _

lloomis-smith

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VILLAGE OF MUNDELEINOFFICE OF THE VILLAGE ADMINISTRATOR

STAFF REPORT

E,xhibit 4

To: Mayor Kessler and Board of Trustees

From: John A. Lobaito, Village Administrator

For: Village Board Meeting of February 14,2011

Subject: Resolution Appointing Joseph V. DeVito as Acting Director of Public Works Following the Retirement ofKenneth !'diller as Director of Public Works

Summarv:

The attached Resolution appoints Joseph V. DeVito as the Acting Director of Public Works from Ken lVuller'sretirement on February 28, 2011 until s new Director of Engineering and Public \\/01'ks is appointed.

Recommendation:

Motion to pass A Resolution AppointingJoseph V. De Vito as Acting Director of Public \Xlorks Following theRetirement of Kenneth lVuller as Director of Public Works.

SignatureVillage Administrator Recommendation

Approve the I\fotion

t- fj::;r Digi"lly signed by JO,hl1

A- . Lobaito . . .Date: 201102.09 15:15:53-06'00'

lloomis-smith

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RESOLUTION NO. _

RESOLUTION APPOINTING JOSEPH V. DE VITO ASACTING DIRECTOR OF PUBLIC WORKS FOLLOWING THE RETIREMENT OF

KENNETH MILLER AS DIRECTOR OF PUBLIC WORKS

WHEREAS, the Public Works Director, Kenneth Miller, is retiring as of February 28,

2011; and

WHEREAS, the position of Director of Public Works will be vacant until a new Director

of Engineering and Public Works is appointed by the Mayor with the consent of the Board of

Trustees; and

WHEREAS, Deputy Director of Public Works, Joseph V. De Vito, is duly qualified to

serve as the Acting Director of Public Works following the retirement of Kenneth Miller as

Director of Public Works; and

WHEREAS, Mayor Kenneth H. Kessler has recommended the appointment of Deputy

Director of Public Works, Joseph V. De Vito, to serve in the capacity of Acting Director of

Public Works following the retirement of Kenneth Miller as Director of Public Works in

accordance herewith.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF MUNDELEIN, COUNTY OF LAKE, STATE OF

ILLINOIS, that:

SECTION I. Joseph V. De Vito is hereby appointed as Acting Director of Public

Works commencing as of the last day of work of Kenneth Miller, the retiring Public Works

Director.

SECTION II. The appointment of Joseph V. De Vito as Acting Director of Public

Works shall end as of the first day of work of a new Director of Engineering and Public Works

following appointment by the Mayor with the consent of the Board of Trustees.

PASSED this 14th day of February, 2011 by a roll call vote.

NAYS ABSENT AND/OR NOT VOTING

PASSED: _

APPROVED: __

ATTEST: ~c:_____::c,---:-----_Village Clerk

2

President

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STAFF REPORT

Exhibit 5


From: John A Lobaito, Village Administrator

For: Village Board Meeting of February 14, 2011

Subject: Proclamation of a Disaster in the Village of Ivlundelein

Summary:

..Attached for your information is a Proclamation of a Disaster in the Village of rvlundclein that was signed by 1'vIayorKessler. This is necessary should any FEI'viA cn1crgcncy reimbursement funds be made available to Lake County.This proclamation expires on February 14, 2011 unless extended by the Village Board.

Recommendation:

It is not necessary that the Village Board extend this proclan1atioll.

SignatureVillage I1dministrator Recommendation

Approve the ;\.Iotion

f- #;r Digitally signed by John

A-. LobaitoDate, 2011.02.10 H39,28-06'00'

lloomis-smith

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MUNDELEINRoor~dill Our Past...

Rel/chil1g/or Our F"h<TrINCORPORATED 1909

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VILLAGE OF MUNDELEINKenneth H. Kessler, Mayor

PROCLAMATIONOF A DISASTER IN THE VILLAGE OF MUNDELEIN

Under authority of the Illinois Emergency Management Agency Act (P.A. 87-168 et. Seq.), I,Kenneth H. Kessler, Mayor of the Village of Mundelein, upon recommendation of the VillageAdministrator, Fire Chief, Police Chief, and the Director of Public Works, do hereby proclaimthat a disaster exists in the Village of Mundelein due to the following reasons:

Significant snowfall, high winds, and blizzard conditions, making travel dangerous or impossibleacross the county and within the Village of Mundelein. Village departments are ordered toproceed with all haste to bring said disaster to a rapid conclusion for the best interest of theresidents of the Village of Mundelein, pursuant to the Illinois Emergency Management AgencyAct, as amended and Village of Mundelein Ordinance #79-01-03.

This Proclamation is effective February 2, 2011 and shall expire February 14, 2011, unless

extende by .!he Villa~o~~oard of Trustees.

By:-----::--,-----____::-~::_c_____::____::-Mayor Kenneth H. Kessler

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STAFF REPORT

Exhibit 6

To:

From:

For:

Subject:

Summary:

Mayor Kessler and Board of Trustees

Mike Flynn

Village Board Meeting of February 14, 2011

An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of Alcoholic Liquor in

the Village of Mundelein, Illinois

This ordinance creates a liquor license category (1vfl) for a microbrcwcry as proposed by Bruce Dir of TightheadBrewing Company, and a liquor license category (M2) for a brew pub similar to Mickey Finn's in Libertyville. Tighthead

Brewery has a liquor license application pending. There is no application pending for a brew pub license, but since the

two are very similar, staff thought it best to provide for them at the saine time.

The provisions of the Class Ml and M2 were patterned after the Village of Warrenville ordinance. Warrenville waschosen because this is the villagc where the Two Brothers :LvIicrobrcwery and brcw pub arc located. Two Brothers was

the type of operation Tighthead Brewing was modeling.

This ordinance has been reviewed by Attorncy LaLuzerne, the Police Department and administrative staff. Bruce Dir

of Tighthead Brewing Company also reviewed the ordinance and provided input.

Recommendation:

Motion to adopt An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of Alcoholic

Liqnor in the Village of Mundelein, Illinois

Signauuc

Digitally ~iglled by mike flynn

I1Moi2JDN: cn=mikc flynn,

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!)atc: 20 11.02.0tl14:54:30 -06'00'

Village .Administrator Recommendation

.Approve the l\Jotion

f- f,I:7r Digitally signed by JohnA-. Lobaito

Date: 2011.02.08 15:10:30-06'00'

lloomis-smith

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ORDINANCE NO.~~~~_

AN ORDINANCE AMENDING ORDINANCE NO. 04-12-69,AN ORDINANCE REGULATING THE SALE OF ALCOHOLIC LIQUOR

IN THE VILLAGE OF MUNDELEIN, ILLINOIS

WHEREAS, the Mundelein Board of Trustees has determined that it would be in the best

interest of the Village to amend the Village Liquor Ordinance No. 04-12-69 to create a liquor

license class for microbreweries and brew pubs.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF MUNDELEIN, COUNTY OF LAKE, STATE OF ILLINOIS

as follows:

SECTION I. Section I - Definitions, is hereby amended to add the following definitions:

GROWLER: A glass jug no larger than a U.S. half gallon (1890 ml) used totransport draft beer, sold at breweries and brew pubs, as a means to sell takeout beer.

MICROBREWERY: A brewery that produces less than 30,000 barrels (35,300hectoliters) of beer or ale per calendar year from malt and hops by infusion, bailingand fermentation.

BREW PUB: A microbrewery, as defined herein, that conducts the retail sale ofbeer manufactured on the premises, and other alcoholic beverages not manufacturedon premises, in conjunction with the operation of a restaurant on the premises.

SECTION II. Section 14, License - Classification; Fees; Numbers; Hours is hereby

amended to add the following:

M. CLASS MI LICENSE (Microbrewery), which shall authorize the operation of amicrobrewery producing less than 30,000 barrels of beer or ale per license yearin compliance with state and federal licenses authorizing the production, storageand distribution of an alcoholic beverage.

A Class M I microbrewery license shall further authorize:

(I) The retail sale, at a bar or table, of the beer and ale produced on thepremises. No retail sale of beer and ale produced off-premises or otheralcoholic liquor shall be permitted.

(2) As part of a microbrewery tour, the consumption of up to four (4) samples,which do not exceed four (4) fluid ounces per sample, of the beer and aleproduced on the premises may be provided without charge.

(3) The sale of beer and ale dispensed into growlers for consumption offpremises, provided the growlers are properly sealed for transport incompliance with state law.

The annual fee for each Class M I license shall be Two Thousand Five HundredDollars ($2,500.00). There shall be no more than a total of zero (0) Class Mllicense outstanding and in force at anyone time.

The retail portion of said establishment shall be closed from 12:00 a.m. through6:00 a.m. on weekdays, Saturdays, Sundays and holidays during which noalcoholic liquor shall be sold, or offered for sale, on the premises.

N. CLASS M2 LICENSE (Brew Pub), which shall authorize the operation of amicrobrewery producing less than 30,000 barrels of beer per license year incompliance with state and federal licenses authorizing the production, storageand distribution of an alcoholic beverage.

A Class M2 brew pub license shall further authorize:

(I) The retail sale, at a bar or table, of the beer and ale produced on thepremIses.

(2) Retail sale at a full service bar of alcohol produced off-site.

(3) As part of a microbrewery tour, the consumption of up to four (4) samples,which do not exceed four (4) fluid ounces per sample, of the beer and aleproduced on the premises may be provided without charge.


The annual fee for each Class M2 license shall be Three Thousand Five HundredDollars ($3,500.00). There shall be no more than a total of zero (0) Class M2license outstanding and in force at anyone time.

The retail portion of said establishment shall be closed from 2:00 a.m. through6:00 a.m. on weekdays, and from 3:00 a.m. through 6:00 a.m. on Saturdays,Sundays and holidays, during which no alcoholic liquor shall be sold, or offeredfor sale, on the premises.

2

SECTION III. Except as amended above, Ordinance No. 04-12-69, as amended, is hereby

ratified, confirmed and approved.

SECTION IV. Severability. If any section, clause, paragraph, or provIsion of this

Ordinance shall be found invalid by a court of competent jurisdiction, such judgment shall not

affect, impair, invalidate, or nullify the remainder of this Ordinance, but only that part found invalid

by such court.

SECTION V. Effective Date. This Ordinance shall be in full force and effect from and

after its passage, approval, and publication in pamphlet form as required by law.

The foregoing ordinance was adopted by a roll call vote as follows:


PresidentPASSED: ~

APPROVED: __

PUBLISHED in pamphlet form: _

ATTEST: -----c:c:-:::__~___,__----~Village Clerk

3

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STAFF REPORT

Exhibit 7

To:

Frotn:

For:

Subject:

Sum111ary:


]\{ike Flynn

Village Board Meeting of Februa,y 14, 2011

An Ordinance },mending Ordinance No. 04-12-69, an Ordinance Regulating the S"le of £\lcoholic Liquor inthe Village of Mundelein, Illinois

This ordinance raises the 11Ulnber of tnicrobrewery liquor licenses from zero to one to accommodate Tighthead

Brewing Company.

On December 13, 2010, Bruce Dir of Tighthead Brewing appeared before the Liquor Commission. The cotnmissionauthorized 1\..1r. Dir to proceed with the license application process, with the understanding that a background check wasnecessary and a new liquor license category would have to be created.

The background investigation of tv!r. Dir and his i\Tanager of Brewing Operations have been completed. Nothing of a

derogatory or negative nature could be found to prevent a license from being issued, once the appropriate liquor license

is created.

Mr. Dir has signed a lease with I-lawley Street Partners to rent 3,750 square feet of sp"ce "t 165 North Archer St. Adiagram of the production and tasting 1'00111 is attached,

Recommendation:

Motion to adopt An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of AlcoholicLiquor in the Village of Mundelein, Illinois

Signature

Digitally signed by mike flynn

I1wv DN: cn=mikc flynn,. ~M..J O=a~millistratioll, ot1=administratioll:?J"' ". - [email protected],c=US

Date: 2011.02.0S 12:39:4-4 ·06'O[)'

Village Administrator Recommendation

.i\pprovc the I\fotion

f- fj:7r Digitally signed by John

A-. LobaitoDate: 2011.02.0814:06:53-06'00'

lloomis-smith

agenda button

ORDINANCE NO. _


IN THE VILLAGE OF MUNDELEIN, ILLINOIS TO INCREASE THE NUMBEROF CLASS Ml LIQUOR LICENSES FROM ZERO (0) TO ONE (I)

WHEREAS, Tighthead Brewing Company has requested a Class Ml microbrewery

liquor license; and


interest of the Village to increase the number of Class Mlliquor licenses from zero (0) to one (1)

for Tighthead Brewing Company.

NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the

Village of Mundelein, Lake County, Illinois, that:

SECTION I. Section 14 (M), License - Classification; Fees; Numbers; I-lours; is hereby

amended to increase the number of Class M 1 licenses from zero (0) to one (I), and shall

henceforth read as follows:

M. CLASS Ml LICENSE (Microbrewery), which shall authorize the operation ofa microbrewery producing less than 30,000 barrels of beer or ale per licenseyear in compliance with state and federal licenses authorizing the production,storage and distribution of an alcoholic beverage.

A Class M I microbrewery license shall further authorize:

(1) The retail sale, at a bar or table, of the beer and ale produced on thepremises. No retail sale of beer and ale produced off-premises or otheralcoholic liquor shall be permitted.

(2) As part of a microbrewery tour, the consumption of up to four (4)samples, which do not exceed four (4) fluid ounces per sample, of thebeer and ale produced on the premises may be provided without charge.


The annual fee for each Class MI license shall be Two Thousand FiveHundred Dollars ($2,500.00). There shall be no more than a total of one (I)Class MI license outstanding and in force at anyone time.

The retail portion of said establishment shall be closed from 12:00 a.m.through 6:00 a.m. on weekdays, Saturdays, Sundays and holidays duringwhich no alcoholic liquor shall be sold, or offered for sale, on the premises.

SECTION II. Except as amended above, Ordinance No. 04-12-69, as amended, IS

hereby ratified, confirmed and approved.

SECTION III. Severability. If any section, clause, paragraph, or proVIsIon of this


affect, impair, invalidate, or nullify the remainder of this Ordinance, but only that part found

invalid by such court.

SECTION IV. Effective Date. This Ordinance shall be in full force and effect from

and after its passage, approval, and publication in pamphlet form as required by law.



PASSED: _

APPROVED: __

PUBLISHED in pamphlet form:. _

ATTEST: _Village Clerk

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Recommendations:

Attachments:

BACKGROUND

Exhibit 8

'f ILLl-\..u~ VI' .1.'..I.Ul'lU~L~l1'l

PLANNING & DEVELOPMENT

VILLAGE BOARDSTAFF REPORT

Mayor Kenneth H, Kessler

Bonrd·of Trustecs / /

Victor lvi, Barrera, Director !,clif'.;;t('rebntary 14, 2011 Villagc Boml Meeting

Tall Grass Ridge Subdivision.

1. Motion to Adopt a Rcsolution Conditiollnll}' Approving Assignmcnts of Dcvelopcl"sRights and Responsiblities regarding the Tall Grass Ridge Subdivision

2, Motion to Adopt a Resolution Conditionally Reapproving the Builder's Agreement withRevisions between the Village of Mundelein and I<. Hovnanian l' & C Homes atIllinois, LLC regarding the Tall Grass Ridge Subdivision

3. Motion Authorizing the Village Attome)' to (a) sign all cscrow instmctiol1s pcrtaining tothe Village of Mundelein regarding the Tall Grass Ridge Subdivision and (b) deliver intosuch escrows nil documcnts executcd b}' Village officials as authorized b)' thc Board ofTrustees

1. Resolution Conditionally Approving Assignments of Developers Rights andResponsibilities regarding the Tall Grass Ridge Subdivision

2. Resolution Conditionally Reapproving the Buildcr's Agrccment with Rcvisions betwccnthe Village of Mlllldelein and I<. Hovnanian T & C Homes at Illinois LLC, regardingthe Tall Grass Ridge Subdivision

3. Escrow Trust Instructions to Chicago Title Jnsurance Campau)' rcgarding sale of ccrtainlots in the Tall Grass Ridge Subdivision by Tall Grass Ridge, LLC to Bel AireInvestments, Inc, (Escrow No. SA3905192)

4. Escrow Trust Inst1"llctions to Chicago Title Insurance Compnll)' regarding sale of certainlots in the Tall Grass Ridge Subdivision by Bel Au' Investmcnts, Inc. to K. HOvnrtllian T& C Homes at Illinois, LLC (Escrow No. SA3905270)

The matters up for consideration involve revising the Builder's Agrecmcnt to bring it into confonnit1' with thc SixthAmendment with respect to the stockpile of black dirt, assignments that become null and void if thc closing docs notOCCllr b)' March 31, 2011, and tHe establishment of escrows for the anticipatcd closing later this week.

VMI3/sd

lloomis-smith

agenda button

RESOLUTION NO. _

RESOLUTION CONDITIONALLY REAPPROVING THE BUILDER'SAGREEMENT WITH REVISIONS BETWEEN THE VILLAGE OF MUNDELEIN

AND K. HOVNANIAN T & C HOMES AT ILLINOIS, LLC REGARDING THETALL GRASS RIDGE SUBDIVISION

WHEREAS, at a public meeting on September 27,2010, the Village Board of Trustees

conditionally approved a certain Builder's Agreement regarding the Tall Grass Ridge

Subdivision between the Village of Mundelein and K. Hovnanian T & C Homes at Illinois, LLC;

and

WHEREAS, since said conditional approval, K. Hovnanian T & C Homes at Illinois,

LLC has requested that certain revisions be made to said Builder's Agreement which revisions

are underlined ill a revised draft thereof, dated 01/28/2011, a copy of which is attached hereto as

Exhibit A; and

WHEREAS, the revisions will bring said Builder's Agreement in conformity with the

Sixth Amendment to the Development Agreement for the Tall Grass Ridge Subdivision which

was conditionally approved by the Village Board of Trustees in Resolution No. 11-01-03 passed

at a public meeting on January 24, 2011 ;and

WHEREAS, the Village Board of Trustees has determined that it is in the best interests

of the Village to i'eapprove said Builder's Agreement with such revisions.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE PRESIDENT AND

BOARD OF TRUSTEES OF THE VILLAGE OF MUNDELEIN, COUNTY OF LAKE, STATE

OF ILLINOIS as follows:

SECTION 1: Said Builder's Agreement with revisions regarding the Tall Grass Ridge

Subdivision between the Village of Mundelein and K. Hovnanian T & C Homes at Illinois, LLC,

as shown on Exhibit A hereto, is hereby conditionally reapproved.

SECTION 2: The conditions for this reapproval of said Builder's Agreement are the

same as the conditions set forth in Resolution No. 11·01·03 passed on January 24, 2011

approving the Sixth Amendment to the Development Agreement for the Tall Grass Ridge

Subdivision.

SECTION 3: The Mayor and Village Clerk are authorized to execute said Builder's

Agreement with revisions 011 behalf of the Village upon the conditions set forth in said

Resolution No. 11-01-03 passed on January 24, 2011 being satisfied and, in addition thereto, the

Village having received a copy of said Builder's Agreement with revisions executed by K.

Hovnanian T & C Homes at Illinois, LLC.

PASSED this 14'h day of February, 2011, by a roll call vote.


PresidentPASSED: ~

APPROVED:

ATTEST: ~,------=~ _Village Clerk

BUILDER'S AGREEMENT REGARDING TALL GRASS SUBDIVISION

This Builder's Agreement regarding Tall Grass Subdivision (the "Builder's Agreement")

is made, effective as provided herein, by and between the Village of Mundelein, an Illinois

municipal corporation and home rule unit of local government (the "Village") and K. Hovnanian

T&C Homes at Illinois, LLC., an Illinois limited liability company ("Town & Country"). The

Village and Town & Country are sometimes collectively referred to herein as the "Parties".

PREAMBLES;

WHEREAS, on or about August 26, 2005, the Village and Tall Grass Ridge, LLC (the

"Developer") entered into that certain Development Agreement (the "Original Development

Agreement") for the development of certain property commonly known as the Tall Grass

Subdivision which Development Agreement was recorded with the Lake County, Illinois

Recorder on August 26, 2005 as Document No. 5847793; and

WHEREAS, said Development Agreement was amended by: (i) the First Amendment

thereto, dated October 9, 2006, recorded with the Lake County, Illinois Recorder on November

17, 2006 as Document No. 6093590; (ii) the Second Amendment thereto, dated November 12,

2008, recorded with the Lake County, Illinois Recorder on December 5, 2008 as Document No.

6415575; the Third Amendment thereto, dated January 28, 2009, recorded with the Lake County,

Illinois Recordet· on February 13, 2009 as Document No. 6436415; the Fourth Amendment

thereto, dated , 20 I0, and recorded with the Lake County, Illinois Recorder on

2010 as Document No. the Fifth Amendment thereto,

dated , 2010; and recorded with the Lake County, Illinois Recorder on

______,2010 as Document No. ; and the Sixth Amendment thereto,

______,2011 as Document No. . (The parties acknowledge that the

Fourth Amendment, Fifth Amendment and Sixth Amendment are being executed

contemporaneously herewith and authorize the Village staff to insert the dates of those

amendments and the Recorder's document numbers and dates of recording upon such

information becoming available.)

WHEREAS, the Original Development Agreement and the First, Second, Third, Fourth,

Fifth and Sixth Amendments thereto are sometimes collectively referred to herein as the

"Development Agreement;" and

WHEREAS, the Tall Grass Subdivision consists of 43 residential lots of which the

Developer has completed the construction of four single family residences which have been sold

and are occupied by the purchasers thereof, one model residence and an unfinished residence;

and

WHEREAS, the Developer has entered into a contact with Bel-Air Investments, Inc., an

Illinois corporation ("Bel-Air"), pursuant to which Bel-Ail' shall purchase 39 of the residential

lots from the Developer; and

WHEREAS, at the closing between the Developer and Bel-Air (the "Bel-Ail' Closing"),

the Developer will assign to Bel-Air and Bel-Air will assume all of the Developer's rights and

responsibilities W1der the Development Agreement, the Declaration of Covenants and the

Subdivision Improvements Agreement regarding the Tall Grass Ridge Subdivision; and

WHEREAS, at the Bel-Air Closing, the Developer will assign to Bel-Ail' and Bel-Air

will assume all of the Developer's rights and responsibilities under the Impact Fee Agreements

with Mundelein Elementary School District No. 75, Mundelein Consolidated High School

District No. 120 and Mundelein Park and Recreation District and the Donation Fee Agreement

with Fremont Public Library District (collectively, the "Impact Fee Agreements"); and

WHEREAS, at the Bel-Air Closing the Developer will convey to Bel-Air all of the

Developer's right, title and interest in the Tall Grass Subdivision, including but not limited to the

model residence, the unfinished residence and the remaining 37 vacant residential lots; and

WHEREAS, Bel-Air has entered into a contract with Town & Country wherein Town &

Country will acquire the remaining 37 vacant residential lots legally described on Exhibit A

attached hereto and made a part hereof; and

WHEREAS, at the closing between Bel-Air and Town & Country, Bel-Air will assign to

Town & Country and Town & Country will assume all of Bel-Air's rights and responsibilities

under the Impact Fee Agreements and the Declaration of Covenants, but Bel-Air will retain all of

the Developer's rights and obligations under the Development Agreement and the Subdivision

Improvements Agreement regarding the Tall Grass Ridge Subdivision; and

WHEREAS, the Village and Town & Country are entering into this Builder's

Agreement pursuant to the Village's home rule powers, the Illinois Municipal Code and any and

all other applicable laws and regulations; and

WHEREAS, the corporate authorities of the Village, after due and careful consideration,

have concluded that the completion of the development of the Tall Grass Subdivision in

accordance with this Builder's Agreement, will enhance, promote and serve the best interests and

general welfare of the Village and its residents.

NOW, THEREFORE, in consideration of the foregoing preambles and in consideration

of the mutual covenants, agreements and conditions hereinafter contained, and the benefits

SECTION 1: INCORPORATION. The foregoing preambles and all exhibits attached

hereto are material to this Builder's Agreement and are incorporated herein as if restated in their

entirety in this Section I.

SECTION 2: THE ELEVATION PLANS/ARCHITECTURAL STANDARDS.

(a) The Elevation Plans attached to the Development Agreement as Exhibit D shall

be replaced with the revised Elevation Plans attached hereto as Exhibit B (the "Revised

Elevation Plans"). The Revised Elevation Plans were reviewed and approved by the Village's

Appearance Review Commission at a public meeting on September 14, 20 I0 pursuant to Section

2.39.080(c) of the Mundelein Municipal Code with the condition that the asphalt shingles be

replaced with architectural shingles. The Revised Elevation Plans have been approved with said

condition by the Village Board of Trustees in the same Resolution Approving and Authorizing

the Mayor and Village Clerk to execute this Builder's Agreement; and

(b) Notwithstanding anything to the contrary herein, (i) only the Plans indentified as

the 603 (2,638 sq. ft.), 605 (3,145 sq. ft.), and 606 (3,238 sq. ft.) shall be constructed on lots 35,

37, 38 and 43 (those adjacent to the foul' single family residences that are presently constructed

and occupied in the Tall Grass Subdivision), and (ii) a home shall not be built on a lot

immediateiy adjacent to a home 01' directly across the street from a home with the same 01'

substantially similar exterior design and elevation, notwithstanding Section 3.1.6 of the

Development Agreement to the contrary.

(c) On lots 29,30,31, and 32, an unenclosed front porch shall be allowed to extend

six (6) feet into the front setback line, to the extent permitted by Section 20.12.110(5)(a)(x) of

the Mundelein Municipal Code which provides as follows: "(a) In all required yards the

covered may project not more than ten (10) feet from the principal building, and not more than

eighteen (18) inches above grade."

SECTION 3: BILLBOARDS AND DIRECTIONAL SIGNAGE. Subject to the

limitations and conditions set forth in Section 3.3 of the Development Agreement, Town &

Country shall be permitted to erect billboard and directional signage upon approval by the

Village Board of this Builder's Agreement and maintain such signage until the first to occur of

(1) the completion of construction and sale by Town & Country of all the remaining single

family residences to be constructed by Town & Country in the Tall Grass Subdivision or (2) the

third anniversary of the effective date of this Builder's Agreement, provided that the Village

shall not unreasonably withhold its consent to extending said three (3) year period for additional

periods of one (1) year each so long as Town & Country is actively engaged in the construction

and sale of the remaining single family residences in the Tall Grass Subdivision. On the

expiration of such period and any approved extensions, Town & Country shall promptly remove

all billboard and directional signage.

SECTION 4: PAYMENT BY TOWN & COUNTRY OF VILLAGE IMPACT

FEES AND OTHER FEES. Notwithstanding anything to the contrary in Section 7.1 of the

Development Agreement and Section 3 of the Second Amendment thereto, Town & Country

shall only be required to pay the Sewer Addition and Expansion Fee (currently $166,500.00 or

$4,500.00 per residential lot) and Water Addition and Expansion Fee (currently $18,500.00, or

$500.00 per residential lot), on a lot by lot basis, upon the Village's issuance of a building permit

for each of the 37 remaining residential lots in the Tall Grass Subdivision as provided in Section

2 of the Fourth Amendment to the Development Agreement. The Village hereby confirms that

Development Agreement does not require the Developer to pay a Transportation Fee. Town &

Country shall also pay all applicable permits, inspection and other fees required by Village

ordinances, codes, rules and regulations.

SECTION 5: PAYMENT BY TOWN & COUNTRY OF REMAINING ONE

HALF OF COST OF MIDLOTHIAN ROAD IMPROVEMENTS. The Village and

Town & Country acknowledge that the cost of restoring the drainage swale adjacent to

Midlothil\n Road and installing a public sidewalk within the Midlothian Road right-of-way from

Courtland to Hillside is $117,000.00 of which one-half thereof, i.e. $58,500.00 has been or will

be paid to the Village by the Developer, Tall Grass Ridge, LLC, prior to the closing between

Bel-Air and Town & Country, as provided in Section 3(a) of the Fourth Amendment to the

Development Agreement. Notwithstanding anything to the contrary in Section 3(b) of the Fourth

Amendment to the Development Agreement, Town & Country shall pay to the Village the

remaining one-half of the cost of restoring the drainage swale adjacent to Midlothian Road and

installing a public sidewalk within the Midlothian Road right-of-way from Courtland to Hillside,

on a lot by lot basis in the amount of $1 ,581.00 per lot, upon the Village's issuance of a building

permit for each of the 37 remaining residential lots in the Tall Grass Subdivision.

SECTION 6: WATER AND SANITARY SEWER AVAILABILITY. The Village

hereby confirms that water and sanitary sewer service shall be available to the remaining 37

residential lots in the Tall Grass Subdivision on a "first come, first served" basis as provided in

Section 6.2 of the Development Agreement.

SECTION 7: PAYMENT BY TOWN & COUNTRY OF SCHOOL, PARK

DISTRICT AND LIBRARY DONATIONS AND FEES,

(al Prior to the Village's issuance of a building permit for each of the 37 remaining

residential lots in the Tall Grass Subdivision, Town & Country shall make donations to School

District No. 120 and School District No. 75 in accordance with the agreements which are

attached to the Development Agreement as Exhibits J a'nd K and as provided in Section 7.3 of

the Development Agreement;

(b) Prior to the Village's issuance of a building permit for each of the 37 remaining

residential lots in the Tall Grass Subdivision, Town & Country shall pay fees to the Mundelein

Park and Recreation District in accordance with the agreement which is attached to the

Development Agreement as Exhibit L and as provided in Section 7.4 of the Development

Agreement; and

(c) Prior to the Village's issuance of a building permit for each of the 37 remaining

residential lots in the Tall Grass Subdivision, Town & Country shall make donations to the

Fremont Public Library District in accordance with the agreement attached to the Development

Agreement as Exhibit M and as provided in Section 7.5 of the Development Agreement.

SECTION 8: SECURITY FOR DAMAGE TO SUBDIVISION

IMPROVEMENTSISIDEWALK REPLACEMENT, With respect to the construction of

single family residences on the remaining 37 lots in the Tall Grass Subdivision, prior to the

issuance of a building permit for each such residence, Town & Country shall post with the

Village a surety bond in the amount of One Thousand Dollars ($1,000) per residential lot to

secure against damage to the subdivision improvements resulting from Town & Country's

to Town & Country upon issuance of a certificate of occupancy for each such single family

residence. Except as noted above, Town & Country need not post any other subdivision security

or warranty security with the Village. Notwithstanding anything to the contrary herein, Town &

Country agrees that, during construction of single family residences on the remaining 37

residential lots, Towll & Country shall remove the existing sidewalk where the same crosses the

driveway apron and shall replace the sidewalk across said apron with a six (6) inch thick

concrete sidewalk as required by Village ordinance, code, rule or regulation.

SECTION 9: MODEL HOMES. Town & Country shall have such rights as are

provided in Section 9 of the Development Agreement to construct model homes and sales and

construction offices.

SECTION 10: BUILDING CODES. The applicable building codes that shall apply to

the single family residences to be constructed by Town & Country are indentified on Exhibit C

hereto. If, from time to time during the term of this Builder's Agreement, any of said building

codes are amended 01' modified so as to impose requirements upon the construction of the single

family residences to be constructed by Town & Country, which are more stringent than those

existing as of the Effective Date of this Builder's Agreement, such amendment or modification

shall not be effective as applied to said residences: (a) unless such amendment or modification is

adopted by an affirmative vote of two-thirds (2/3) of the Village Board of Trustees and is of

general application to all property situated within the Village, and (b) until 180 days after such

amendment or modification is adopted by said two-thirds (2/3) majority; provided the Village

gives notice of such adoption to Town & Country within 10 days thereafter. If the Village does

not give said notice within said 10-day period, the 180 days shall commence to run as of the

SECTION 11: NON APPLICABILITY OF FUTURE FIRE SUPPRESSION

ORDINANCE. The Village agrees that, notwithstanding any future adoption of a fire

suppressiou ordinance, the Village shall not require Town & Country to install any fire

suppression sprinklers for any single family residence constructed by Town & Country in the

Tall Grass Subdivision, although Town & Country agrees to offer such sprinklers as an option to

its customers.

SECTION 12: BUILDING PERMITS AND OCCUPANCY CERTIFICATES.

Section II of the Development Agreement shall apply to the issuance of building permits and

occupancy certificates, provided that the Village agrees to accept surety bonds as a condition of

issuing temporary occupancy certificates due to the conditions described in Section 11.3 of the

Development Agreement.

SECTION 13: ADJUSTMENT IN GRADES. The Village acknowledges that to

accommodate Town & Country's product on certain lots Town & Country may need to adjust

grades to convert from a walkout condition to a lookout condition, or to convert from a lookout

condition to a standard basement condition. In connection therewith, the Village agrees to take

such actions to cooperate with and to assist Town & Country so that Town & Country may make

the necessary adjustments to grades and utilities in order to accommodate the foregoing. Such

adjustments shall be done on a building permit by building permit basis. Notwithstanding the

foregoing, no adjustments shall be permitted which are inconsistent with good and customary

engineering plans or practices or which otherwise materially conflict with the final engineering

plans for the remaining lots in the Tall Grass Subdivision, prepared by lAS Associates, Inc.,

1355 Remington Road, Suite U., Schaumburg, Illinois 60173 and last revised December 1,2005

SECTION 14: PLANTING OF REQUIRED TREES. Town & Country shall plant

the remaining 93 trees to be planted in the Tall Grass Subdivision in accordance with the

Landscape Plan attached to the Development Agreement as Exhibit E and as provided in Section

3.11 of the Development Agreement. The Village has received the $37,200.00 tree deposit as

provided in Section 5 of the Second Amendment and Section 4 of the Fourth Amendment. The

Village shall release the sum of $400.00 to Town & Country for each of the required trees

planted by Town & Country upon receiving a written confirmation that such tree has been

planted.

SECTION 15: MAILBOXES. Town & Country, at its expense, shall install mailboxes

in accordance with regulations of the U.S. Postal Service and in accordance with Exhibit H

attached to the Development Agreement and as provided in Section 3.15 of the Development

Agreement.

SECTION 16: ADDRESS SIGNS. Town & Country, at its expense, shall install

permanent address signs (and temporary address signs, during construction) on all single family

residences which it constructs in the Tall Grass Subdivision as provided in Section 3.4 of the

Development Agreement.

SECTION 17: SOIL STOCKPILE. A small stockpile of approximately 1500 cy of

black dirt is located on Lots 33 and 34 in the Tall Grass Subdivision, which has been leveled,

spread and stabilized (the "Stockpile") and which is needed to finish the buildout of the

Subdivision. Town & Country hereby agrees that the Stockpile may not be located adjacent to

any lot in the Subdivision on which a Dwelling Unit (as such term is defined in the Development

Agreement) has been constructed 01' on which an application for a building permit is submitted to

lot which is adjacent to the Stockpile for as long as it remains, except that with respect to the

final eight Dwelling Units to be constructed, the Owner may apply for building permits on lots

adjacent to the Stockpile and the Village, in its sole discretion, may issue such building permits

on the condition that no certificate of occupancy or temporary certificate of occupancy shall be

issued for any of such Dwelling Units for as long as the Stockpile remains adjacent to the lot on

which said Dwelling Unit has been constructed. The Village Staff may review exceptions on a

case by case bases. The Stockpile shall be hereafter removed by Town & Country upon

receiving a written notice from the Village to do so in the event it is determined by the Village,

in its sole discretion, that the Stockpile has become an attractive nuisance. Such removal of the

Stockpile shall be done as expeditiously as possible, but not later than 30 days after delivery of

such written notice.

SECTION 18: DEVELOPMENT AGREEMENTINON-SUCCESSION/LOTS 2

AND 41 IN THE TALL GRASS RIDGE SUBDIVISIONIDECLARATION OF

COVENANTS.

(a) The Village hereby acknowledges that Town & Country shall not be deemed a

successor Developer under the Development Agreement and the Subdivision Improvement

Agreement. Accordingly, Town & Country shall have no obligations with respect to the

subdivision improvements and shall have no other rights or obligations under the Development

Agreement and the Subdivision Improvement Agreement, except as otherwise specifically

provided for in this Builder's Agreement.

(b) The parties acknowledge that Town & Country is not acquiring Lots 2 and 41 in

the Tall Grass Ridge Subdivision. A previously constructed model residence is located on Lot 2

for all obligations with respect to Lots 2 and 41 and the model residence and unfinished

residence thereon as provided in Sections 5, 6 and 7 of the Fourth Amendment to the

Development Agreement. The Village shall not withhold or delay the issuance of building

permits on any of the 37 vacant residential lots being acquired by Town & Country because of

any failure by Bel-Air Investments, Inc. to fulfill its obligations regarding Lots 2 and 41 and the

model residence and unfinished residence thereon.

(c) If a proposed Amendment to Section 6-2 of the Declaration of Covenants

reducing the minimum square footage required of multi-level residences from 2,400 square feet

to 2,052 square feet of living space on not more than ten percent (10%) of the buildable lots in

the Tall Grass Subdivision is presented to the Village Board for approval, the Village Board shall

grant its approval as provided in Section 8-5 of the Declaration of Covenants.

SECTION 19: TIME OF ESSENCE/COOPERATION OF PARTIES. Time is of

the essence of this Builder's Agreement and of each and every provision hereof. The Parties

shall cooperate with one another on an ongoing basis and make every commercially reasonable

effort to further the implementation of the provisions of this Builder's Agreement.

SECTION 20: CONFLICT WITH ORDINANCES. If any pertinent existing

resolutions or ordinances, or interpretations thereof, of the Village are inconsistent or in conflict

with any provision hereof, then the provisions of this Builder's Agreement and the ordinances

passed pursuan(hereto shall constitute lawful and binding amendments to and shall supersede

the terms of said inconsistent ordinances or resolutions, or interpretations thereof, as they may

relate to the Tall Grass Subdivision.

SECTION 21: TERM. This Builder's Agreement shall be binding upon and inure to

single family residences on the 37 of the remaining lots in the Tall Grass Subdivision, (b)

received certificates of occupancy thereon, (c) closed on the sale thereof, (d) rcmoved all

billboards and directional signage as provided in Section 3 hereof; and (e) complied with all of

the other terms, conditions and provisions contained herein.

SECTION 22: NOTICES. All notices or other writings which any Party is required to,

or may wish to, serve upon any other party in connection with this Builder's Agreement shall be

in writing and shall be delivered personally or sent by certified or registered mail, return receipt

requested, postage prepaid, to the following addresses or faxes at the following facsimile

numbers:

(a) If to Village:

With copies to:

Village ClerkVillage of Mundelein440 E. Hawley StreetMundelein, Illinois 60060FAX: (847) 949-0143

Charles F. Marino, Esq.100 W. Monroe StreetSuite 902Chicago, Illinois 60603FAX: (312) 236-1065

(b) If to Town & Counlly:K. Hovnanian T&C Homes at Illinois, LLC1806 S. Highland AveLombard, Illinois 60148FAX: (630) 953-1171

With copies to: William L. GoldbeckDrinker Biddle & Reath LLP191 North Wacker Drive, Suite 3700Chicago, IL 60606·1698FAX: (312) 569-3225

or to such other address 01' facsimile number as any party may from time to time designate in

wrift~11 110fic.e, to the ofh~r Perlv. Allnotic.e' ,h"1I he cJe~lllecJ eff~c.tive", offh~ cJ"t~ ofr~ceinl.

sent by certified or registered mail; and as of the date of transmission, if delivered by fax

(provided the tri\nsmitting machine provides a record confirmation of the day and time of

transmission).

SECTION 23: SEVERABILITY. If any provision of this Builder's Agreement is held

invalid, such provision shall be deemed to be removed therefrom and the invalidity thereof shall

not affect any ofthe other provisions contained herein.

SECTION 24: REMEDIES. Any Party to this Builder's Agreement may, either in law

or equity, by suit, action, mandamus, or other proceedings, enforce or compel performance of

this Builder's Agreement. No action taken by any Party hereto pursuant to the provisions of this

Section or pursuant to the provisions of any other Section of this Builder's Agreement shall be

deemed to constitute an election of remedies, and all remedies set forth in this Builder's

Agreement shall be cumulative and non-exclusive.

SECTION 25: BREACH OF AGREEMENT. In the event of a material breach of this

Builder's Agreell1ent, the Parties agree that the Party alleged to be in breach shall have 30 days

notice of said breach to correct the same prior to the non-breaching Party's seeking any remedy

provided for herein (provided, however, that said 30 day period shall be extended if the

defaulting Party has initiated the cure of said default and is diligently proceeding to cure the

same).

SECTION 26: DEFAULT/CURE. If any of the Parties shall fail to perform any of its

obligations hereunder, and the Party affected by such default shall have given notice of such

default to the defaulting Pal1y, and such defaulting Party shall have failed to cure such default

within 30 days of such default notice (or any extension of said 3D-day period if the defaulting

addition to any and all other remedies that may be available, either in law or equity, the Party

affected by such default shall have the right (but not the obligation) to take such action as in its

reasonable discretion and judgment shall be necessary to cure such default. In such event, the

defaulting Party hereby agrees to pay and reimburse the Party affected by such default for all

reasonable costs and expenses incurred by it in connection with action taken to cure such default.

SECTION 27: NO PUNITIVE DAMAGES. Notwithstanding the foregoing, under no

circumstances shall any of he Parties be liable to the other Parties for any consequential or

punitive damages as a result of a default by any Party under this Builder's Agreement.

SECTION 28: NO WAIVER. The failure of any of the Parties to insist upon the strict

and prompt performance of the terms, covenants, agreements, and conditions herein contained,

or any of them, imposed upon any other Party, shall not be construed as a waiver or

relinquishment of any Party's right thereafter to enforce any such term, covenant, agreement, or

condition, but the same shall continue in full force and effect.

SECTION 29: CAPTIONS. Throughout this Builder's Agreement, the singular shall

include the plural and the masculine gender shall include the feminine and neuter, and vice versa,

unless the context otherwise requires. Section numbers and caption headings are purely

descriptive and shall be disregarded in construing this Builder's Agreement.

SECTION 30: INTEGRATIONIEXHIBITS. This Builder's Agreement constitutes

the entire agreement and understanding of the Pat1ies relative to the subject matter hereof

superseding all prior agreements, understandings and negotiations (all of which are expressly

luerged herein). All exhibits to this Builder's Agreement are incorporated herein by this

reference thereto.

SECTION 31: INCONSISTENCY/CONTROL. In the event of any inconsistency

between this Builder's Agreement and the Development Agreement, or between this Builder's

Agreement and that certain Subdivision Improvements Agreement, dated February 13, 2006,

between the Village and the Developer, the provisions of this Builder's Agreement shall control.

This Builder's Agreement may be executed in counterpat1S, each of which shall be deemed an

original.

SECTION 32: EFFECTIVE DATE. This Builder's Agreement shall be effective from

and after the date on which it is executed by the Village; provided, however, that this Builder's

Agreement and all of the parties' rights, obligations and liabilities under this Builder's

Agreement shall terminate and become null and void, if Town & Country fails to acquire fee

simple ownership of the 37 vacant residential lots and deliver a written notice of such acquisition

to the Village on or before March 31, 2011 or such extended date as the Village Board of

Trustees, in its sole discretion, may approve by Resolution.

[Signature page follows]


By: ----------

Its: Mayor

Attest: --~-c:---,-,--c--Village Clerk

Date of Execution: _

K. HOVNANIAN T&C HOMES ATILLINOIS LLC

By: _

Its: _

Attest: _

Its: _

Date of Execution: _

EXHIBIT A

LEGAL DESCRIPTION

Lots 1, 3 through 35, each inclusive, 37, 38 and 43 in the Tall Grass Ridge Subdivision, asdepicted on the Final Plat thereof recorded on March 17, 2006 as Document No. 5963559 inLake County, Illinois.

Plan Name - Horizon Series

600

601

602

603

605

606

EXHIBIT B

Building Elevations

Elevations

A,B,C

A,B,C,D

A,B,C

A,B,C

A,B,C,D

A,B,C,D

Approximate Square Footage

2,052

2,252

2,396

2,638

3,145

3,238

EXHIBIT C

Building Codes

• 2006 International Building Code with local amendments• 2006 International Residential Code• 2004 Illinois State Plumbing Code with local amendments• 2006 International Mechanical Code.. 2008 National Electrical Code with local amendments• 2006 International Fire Prevention Code with local amendments• 1997 Illinois State Handicap Accessibility Code• 2006 International Property Maintenance Code with local amendments• 2006 Energy Code

l<'~~VLUJ.IVl"'ll J,lVo _

RESOLUTION CONDITIONALLY APPROVINGASSIGNMENTS OF DEVELOPERS RIGHTS AND RESPONSIBILITIES

REGARDING THE TALL GRASS RIDGE SUBDIVISION

WHEREAS, Tall Grass Ridge, LLC, the Developer of the Tall Grass Ridge Subdivision,

wishes to· assign to Bel-Air Investments, Inc. all of its rights and responsibilities under the

Development Agreement, the Subdivision Improvements Agreement and the Declaration of

Covenants; and

WHEREAS, Tall Grass Ridge, LLC has requested that the Village ofMundelein approve

the following Assignments to Bel-Air Investments, Inc.:

1. Assignment and Assumption of Developer's Rights and Responsibilities under

Development Agreement Regarding Tall Grass Ridge Subdivision, a copy of

which is attached hereto as Exhibit A.


Subdivision Improvements Agreement Regarding Tall Grass Ridge Subdivision, a

copy of which is attached hereto as Exhibit B.


Declaration of Covenants Regarding Tall Grass Ridge Subdivision, a copy of

which is attached hereto as Exhibit C.


Declaration of Covenants Regarding Tall Grass Ridge Subdivision, a copy of

which is attached hereto as Exhibit D.

WHEREAS, Bel-Air Investments, Inc. wishes to assign to K. Hovnanian T & C Homes

the Tall Grass Ridge Subdivision; and

WHEREAS, Bel-Air Investments, Inc. has requested the Village to approve an

Assignment thereof, a copy of which is attached hereto as Exhibit D; and

WHEREAS, the Village Board of Trustees has determined that it is in the best interests

of the Village to conditionally approve the above Assignments as provided herein.

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE PRESIDENT AND

BOARD OF TRUSTEES OF THE VILLAGE OF MUNDELEIN, COUNTY OF LAKE, STATE

OF ILLINOIS as follows:

SECTION 1: The above described Assignments, copies of which are attached hereto as

Exhibits A, B, C and D, are hereby conditionally approved.

SECTION 2: The conditions for this approval of said Assignments are the same

conditions as set forth in Resolution No. 11-01-03 passed on January 24, 2011 approving the

Sixth Amendment to the Development Agreement for the Tall Grass Ridge Subdivision.

SECTION 3: The Mayor and Village Clerk are authorized to execute the approval of

said Assignments on behalf of the Village upon the conditions set forth in said Resolution No.

11-01-03 passed on January 24, 2011 being satisfied and, in addition thereto, the Village having

received copies of said Assignments executed by the respective parties thereto.

PASSED this 14th day of February, 2011, by a roll call vote.

PASSED:


President

Above Space for Recorder's Use Only

ASSIGNMENT AND ASSUMPTION

OF

DEVELOPER'S RIGHTS AND RESPONSIBILITIES

UNDER DEVELOPMENT AGREEMENT REGARDING

TALL GRASS RIDGE SUBDIVISION

Prepared by:

Thomas G. Moffitt, Esq.Stahl Cowen Crowley55 West Monroe StreetSuite 1200

After Recording, return to:

Victor BarreraVillage of Mundelein440 East Highway StreetMundelein, Illinois 60060847.949.3200

ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S RIGHTS ANDRESPONSIBILITIES UNDER DEVELOPMENT AGREEMENT

REGARDING TALL GRASS RIDGE SUBDIVISION

This Assignment and Assumption of Developer's Rights and Responsibilities underDevelopment Agreement ("Assignment") is entered into as of , 2011, by andbetween TALL GRASS RIDGE, LLC, an Illinois limited liability company ("Assignor") andBEL-AIR INVESTMENTS, INC., an Illinois corporation ("Assignee").

RECITALS:

A. Assignor and Assignee entered into a certain Real Estate Purchase and SaleAgreement dated July 29, 2009, as modified by that certain Amendment to Contract datedSeptember 29, 2009, as further modified by that certain Second Amendment to Contract datedSeptember 29, 2009, as further modified by that certain Third Amendment to Contract datedJanuary 18, 2010, and as further modified by that certain Fourth Amendment to Contract datedJuly 7, 2010 (collectively, the "Contract"), relating to certain real property known as certain lotsin the Tall Grass Ridge Subdivision, in the Village of Mundelein, Lake County, Illinois, andlegally described on Exhibit A hereto (the "Propcrty");

B. Assignor, as "Devclopcr", entered into that certain Development Agreement withrespect to the Property with the Village of Mundelein (the "ViIlagc") dated August 26, 2005, andrecorded with the Lake County Recorder of Deeds on August 26, 2005 as document no.5847793, as modified by that certain First Amendment to Development Agreement by andbetween Assignor and the Village dated October 9, 2006 and recorded on November 17,2006 asdocument no. 6093590, as further modified by that certain Second Amendment to DevelopmentAgreement by and between Assignor and the Village dated November 12, 2008 and recorded onDecember 5, 2008 as document No. 6415575, as further modified by that certain ThirdAmendment to the Development Agreement by and between Assignor and the Village datedJanuary 28, 2009 and recorded on February 13, 2009 as document no. 6436415, as furthermodified by that certain Fourth Amendment to the Development Agreement by and between theAssignor and the Village dated , 2011 and recorded on , 20 II asdocument No. , and as further modified by that certain Fifth Amendment to theDevelopment Agreement by and between the Assignor and the Village dated , 2011and recorded on , 2011 as document No. , and as further modifiedby that certain Sixth Amendment to the Development Agreement by and between the Assignorand the Village dated , 2011 and recorded on , 2011 as documentNo. (collectively, the "Development Agreement"), a copy of which is attached hereto as ExhibitJ2 and incorporated herein by reference;

C. [n connection with the sale and purchase of the Property, Assignor desires toassign to Assignee and Assignee desires to accept from Assignor, all of Assignor's rights and",hl;,-.,ilt;rmc ole' np\/p)rVt'\Pl' lIn~pr thp n".vplrlntYlPllf Aat"f'f':tl1ptH. to he.c()me effective as of the

NOW, THEREFOllli, tor and In consloeraUUIl U1 lIlC lUUll1a1 I.IIlU .... 1H.J\.I ..5'"' ........ '-''''~ .. 'V .....

herein, the mutual undertakings set forth in the Contract, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, the parties heretoagree as follows:

I. Assignor does hereby quit claim and assign to Assignee all of the right, title andinterest which the Assignor has in, to and under the Development Agreement as the Developer,as defined therein, subject to all of the terms and conditions contained therein. The foregoingassignment shall become effective as of the Closing.

2. Assignee does hereby accept the foregoing assignment and hereby assumes andagrees to perform and be bound by all of the covenants, conditions and obligations of Assignorunder the Development Agreement to be performed or complied with by the Developerthereunder or arising thereunder on or after the Closing.

3. If the Closing does not occur by March 31, 2011, then this Assignment shall benull and void and of no force or effect.

4. After the Closing, the address for notice to the Developer under the DevelopmentAgreement shall be as follows:

Bel-Ail' Investments, Inc.c/o Kenneth D. BellahLaw Offices of Kenneth D. Bellah525 West Monroe Street, Suite 2360Chicago, Illinois 60661

5. This Assignment, and the acceptance hereof, shall be binding upon and shall inureto the benefit of each of the respective parties hereto and their respective successors and assigns.

6. This Assignment may be executed in two or more counterparts, each of whichshall be .deemed an original, but all of which together shall constitute one and the sameinstrument. Assignor and Assignee may circulate such counterparts via electronic transmissionor facsimile, with originals to follow.

[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATUREPAGE FOLLOWS]

IN WITNESS WHERICOl<', the pal1les l1erero nave CXC~Ul~" u"o ,.oO'6,auym yUVVu, v

as of the date first written above,

ASSIGNOR:

TALL GRASS RIDGE, LLC, an Illinois limited liability companyBy: OPH MOMT LLC, an Illinois limited liability company, its Manager

By: Orand Pointe Homes Holdings, Inc., an Illinois corporation, its Manager

By: --'

Name: Jeffrey S. PelockTitle: President

ASSIGNEE:

BEL-AIR INVESTMENTS, INC., an Illinois corporation

By: -:- _Name: William 1. BellahTitle: President

APl'ROVAL OF ASSIGNMENT:

The Village of Mundelein hereby approves of the foregoing Assignment of Assignor's rights andobligations under the Development Agreement to Assignee and hereby waives the requirementset forth in Section 14.8 thereof that the Assignee be an experienced, reputable, qualified andsignificant developer of residential developments.

Date: -:- _ ____,2011

VILLAGE OF MUNDELEIN, an Illinois municipal corporation

By: _Name: _Title: _

STATE OF ILLINOIS )) SS

COUNTY OF LAKE )

I, a Notary Public, do hereby certify that Jeffrey S. Pelock, personally known to me to be thePresident of Grand Point Homes Holdings, Inc., an Illinois corporation, the Manager of GPHMGMT LLC, an Illinois limited liability company, the Manager of TALL GRASS RIDGE,LLC, an Illinois limited liability company, and personally known to me to be the person whosename is subscribed in the foregoing instrument, appeared before me this day in person andacknowledged that he signed and delivered the said instrument as such President of the Managerof the Manager of said company, as his free and voluntary act, and as the free and voluntary actof said company, for the purposes therein set forth.

Given under my hand and notarial seal this __ day of February, 2011.

Notary Public

My commission expires: _


COUNTY OF LAKE )

I, a Notary Public, do hereby certify that William J. Bellah, personally known to me to be thePresident of BEL-AIR INVESTMENTS, INC" an Illinois and personally known to me to bethe person whose name is subscribed in the foregoing instrument, appeared before me this day inperson and acknowledged that he signed and delivered the said instrument as such President ofsaid corporation, as his free and voluntary act, and as the free and voluntary act of saidcorporation, for the purposes therein set forth.

Given under my hand and notarial seal this_~ day of February, 2011.

Notary Public



COUNTY OF LAKE )

I, a Notary Public, do hereby certify that , personally known to me to bethe of VILLAGE OF MUNDELEIN, an Illinois municipal corporation,and personally known to me to be the person whose name is subscribed in the foregoinginstrument, appeared before me this day in person and acknowledged that he signed anddelivered the said instrument as such , as his free and voluntary act, and as thefree and voluntary act of said Village, for the purposes therein set forth.


Notary Public


LEGAL DESCRIPTION

LOTS 1 TO 35, 37, 38, 41, 43 TO 45 OF THE FINAL PLAT OF TALL GRASS RIDGESUBDIVISION BEING A RESUBDIVISION OF BLOCKS 9 THROUGH 16, BOTHINCLUSIVE, IN ARTHUR DUNAS' MUNDELEIN MANOR, BEING A SUBDIVISION OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEASTQUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 44 NORTH,RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLATTHEREOF RECORDED MARCH 17,2006 AS DOCUMENT 596559.

Permanent Index Numbers:

10-25-301-026-0000 (AFFECTS LOT I)10-25-301-027-0000 (AFFECTS LOT 2)10-25-301-028-0000 (AFFECTS LOT 3)10·25-316·001-0000 (AFFECTS LOT 4)10-25-316-002-0000 (AFFECTS LOT 5)10-25-316-003-0000 (AFFECTS LOT 6)10-25-316-004-0000 (AFFECTS LOT 7)10-25·316-005-0000 (AFFECTS LOT 8)10-25-316-006-0000 (AFFECTS LOT 9)10-25-316-007-0000 (AFFECTS LOT 10)10-25-316-008-0000 (AFFECTS LOT 11)10-25-316-009-0000 (AFFECTS LOT 12)10-25-316-023-0000 (AFFECTS PART OF LOTS 18 & 44)10-25-316-024-0000 (AFFECTS LOT 13)10-25-316-025,0000 (AFFECTS LOT 14)10·25-316-026-0000 (AFFECTS PARTITION OF LOTS 14 TO 17)10-25-316-027-0000 (AFFECTS PART OF LOT 15)10-25-316-022-0000 (AFFECTS PART OF LOT 16)10-25-316-021 ~OOOO (AFFECTS PART OF LOT 17)10-25-316-020-0000 (AFFECTS PART OF LOT 18)10-25-316-019-0000 (AFFECTS LOT 19)10-25-316-018-0000 (AFFECTS LOT 20)10-25-316-017-0000 (AFFECTS LOT 21)10-25-316-016-0000 (AFFECTS LOT 22)10-25-316-015-0000 (AFFECTS LOT 23)10-25-316-014-0000 (AFFECTS LOT 24)10-25-316-013-0000 (AFFECTS LOT 25)10-25-316-012-0000 (AFFECTS LOT 26)10-25-316-011-0000 (AFFECTS LOT 27)10-25-301-029-0000 (AFFECTS LOT 28)

10-25-301-032-0000 (AFFbCI~ LUl 01)

10-25-301-032-0000 (AFFECTS LOT 32)10-25-301-034-0000 (AFFECTS LOT 33)10-25-301-035-0000 (AFFECTS LOT 34)10-25-301-036-0000 (AFFECTS LOT 35)10-25-301-038-0000 (AFFECTS LOT 37)10-25-301-039-0000 (AFFECTS LOT 38)10-25-301-046-0000 (AFFECTS LOT 41)10-25-301-048-0000 (AFFECTS LOT 43)10-25-316-010-0000 (AFFECTS PART OF LOT 44)10-25-301-043-0000 (AFFECTS PART OF LOT 45)

Above S ace for Recorder's Use ani


OF


UNDER SUBDIVISION IMPROVEMENTS AGREEMENT REGARDING


Prepared by:

Thomas G. Moffitt, Esg.Stahl Cowen Crowley55 West Monroe Street>:11; Ie 1700


Victor BarreraVillage of Mundelein440 East Highway StreetMundelein, Illinois 60060

ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S RIGHTS ANDRESPONSIBILITIES UNDER SUBDIVISION IMPROVEMENTS AGREEMENT

REGARDING TALL GRASS RIDGE SUBDIVISION

This Assignment and Assumption of Developer's Rights and Responsibilities underSubdivision Improvements Agreement ("Assignment") is entered into as of , 20 I I,by and between TALL GRASS RIDGE, LLC, an Illinois limited liability company("Assignor") and BEL·AIR INVESTMENTS, INC., an Illinois corporation ("Assignee").

RECITALS:

A. Assignor and Assignee entered into a certain Real Estate Purchase and SaleAgreement dated July 29, 2009, as modified by that certain Amendment to Contract datedSeptember 29, 2009, as further modified by that certain Second Amendment to Contract datedSeptember 29, 2009, as further modified by that certain Third Amendment to Contract datedJanuary _, 2010, as further modified by that certain Fourth Amendment to Contract, dated July7,2010, (collectively, the "Contract"), relating to certain real property known as certain lots inthe Tall Grass Ridge Subdivision, in the Village of Mundelein, Lake County, Illinois, and legallydescribedon Exhibit A hereto (the "Property");

B. Assignor, as "Developer", entered into that certain Subdivision ImprovementsAgreement with respect to the Property with the Village of Mundelein (the "Village") datedFebruary 13, 2006 (the "Agl'eement"), a copy of which is attached hereto as Exhibit Bandincorporated herein by reference;

C. In connection with the sale and purchase of the Property, Assignor desires to assignto Assigllee and Assignee desires to accept from Assignor, all of Assignor's rights andobligations as Developer under the Agreement, to become effective as of the closing ofAssignee's purchase of the Property from Assignor (the "Closing").

NOW, THEREFORE, for and in consideration of the mutual undertakings as set forthherein, the mutual undertakings set forth in the Contract, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, the parties heretoagree as follows:

I. Assignor does hereby quit claim and assign to Assignee all of the right, title andinterest which the Assignor has in, to and under the Agreement as the Developer, as definedtherein, subject to all of the terms and conditions contained therein, The foregoing assignmentshall become effective as of the Closing.

2. Assignee does hereby accept the foregoing assignment and hereby assumes andagrees to perform and be bound by all of the covenants, conditions and obligations of Assignor'''''~a,' tho 6. ",'ppmpl1t tn he nerformed or complied with by the Developer thereunder or arising

3. If the Closing does not occur by Marcil j j, LU 1 I, \nen mls AsslgnmeIll SHall uenull and void and of no force or effect.

4. After the Closing, the address for notice to the Developer under the Agreementshall be as follows:

Bel Air Investments, Inc.c/o Kenneth D. BellahLaw Offices of Kenneth D. Bellah525 West Monroe Street, Suite 2360Chicago, lIlinois 6066 I


6. This Assignment may be executed in two or more counterparts, each of whichshall be deemed an original, but all of which together shall constitute one and the sameinstrument. Assignor and Assignee may circulate such counterparts via electronic transmissionor facsimile, with originals to follow.


IN WITNESS WHEHli;UF, the parties hereto nave exel:lIleu lW;) t"\.;:';:'le liLlJl,..lH ..... 1.1\.''''\.1 v .....

as of the date first written above.

ASSIGNOR:

TALL GRASS RIDGE, LLC, an Illinois limited liability companyBy: OPH MOMT LLC, an Illinois limited liability company, its Manager

By: Oi'and Pointe Homes Holdings, Inc., an Illinois corporation, its Manager

By: _

Name: Jeffrey S. PelockTitle: President

ASSIGNEE:


By:, _

Name: William 1. BellahTitle: President

APPROVAL OF ASSIGNMENT:

The Village of Mundelein hereby approves of the foregoing Assignment of Assignor's rights andobligations under the Subdivision Improvements Agreement to Assignee.

Date: , 2011

VILLAGE OF MUNDELEIN, an Illinois municipal corporation

By: _Name: _Title: _

STATE OF ILLINUtS )) SS

COUNTY OF LAKE )

I, a Notary Public, do hereby certify that Jeftl"ey S. Pelock, personally known to me to be thePresident of Grand Point Homes Holdings, Inc., an Illinois corporation, the Manager of GPHMGMT LLC, an Illinois limited liability company, the Manager of TALL GRASS RIDGE,LLC, an Illinois limited liability company, and personally known to me to be the person whosename is subscribed in the foregoing instrument, appeared before me this day in person andacknowledged that he signed and delivered the said instrument as such President of the Managerof the Manager of said company, as his free and voluntary act, and as the free and voluntary actof said company, for the purposes therein set forth.

Given under my hand and notarial seal this __ day of February, 20 I!.

Notary Public


STATE OF ILLiNOIS )) SS

COUNTY OF LAKE )

I, a Notary Public, do hereby certify that William J. Bellah, personally known to me to be thePresident of BEL-AIR INVESTMENTS, INC., an J1linois and personally known to me to bethe person whose name is subscribed in the foregoing instrument, appeared before me this day inperson and acknowledged that he signed and delivered the said instrument as such President ofsaid corporation, as his free and voluntary act, and as the free and voluntary act of saidcorporation, for the purposes therein set forth.

Given under my hand and notarial seal this __ day of February, 20 I J.

Notary Public



COUNTY OF LAKE )

I, a Notary Public, do hereby certify that , personally known to me to bethe of VILLAGE OF MUNDELEIN, an Illinois municipal corporation,and personally known to me to be the person whose name is subscribed in the foregoinginstrument, appeared before me this day in person and acknowledged that he signed anddelivered the said instrument as such , as his free and voluntary act, and as thefree and voluntary act of said Village, for the purposes therein set forth.


Notary Public


LEGAL DESCRIPTION

LOTS 1 TO 35, 37, 38,41, 43 TO 45 OF THE FINAL PLAT OF TALL GRASS RIDGESUSDIVISION BEING A RESUBDIVISION OF BLOCKS 9 THROUGH 16, BOTHINCLUSIVE, IN ARTHUR DUNAS' MUNDELEIN MANOR, BEING A SUBDIVISION OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEASTQUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 44 NORTH,RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLATTHEREOF RECORDED MARCH 17,2006 AS DOCUMENT 596559.


JO-25-301-026-0000 (AFFECTS LOT I)10-25-301-027-0000 (AFFECTS LOT 2)10-25-301-028-0000 (AFFECTS LOT 3)10-25-316-001 -0000 (AFFECTS LOT 4)10-25-316-002-0000 (AFFECTS LOT 5)10-25-316-003-0000 (AFFECTS LOT 6)10-25-316-004-0000 (AFFECTS LOT 7)10-25-316-005-0000 (AFFECTS LOT 8)10-25-316-006-0000 (AFFECTS LOT 9)10-25-316-007-0000 (AFFECTS LOT 10)10-25-316-008-0000 (AFFECTS LOT II)10-25-316-009-0000 (AFFECTS LOT 12)10-25-316-023-0000 (AFFECTS PART OF LOTS 18 & 44)10-25-316-024-0000 (AFFECTS LOT 13)10-25-316-025-0000 (AFFECTS LOT 14)10-25-316-026-0000 (AFFECTS PARTITION OF LOTS 14 TO 17)10-25-316-027-0000 (AFFECTS PART OF LOT 15)10-25-3 16-022-0000 (AFFECTS PART OF LOT 16)10-25-316-021-0000 (AFFECTS PART OF LOT 17)10-25-316-020-0000 (AFFECTS PART OF LOT 18)10-25-316-019-0000 (AFFECTS LOT 19)10-25-316-018-0000 (AFFECTS LOT 20)10-25-316-017-0000 (AFFECTS LOT 21)10-25-316-016-0000 (AFFECTS LOT 22)10-25-316-01.5-0000 (AFFECTS LOT 23)10-25-316-014-0000 (AFFECTS LOT 24)10-25-3 J6-0 13-0000 (AFFECTS LOT 25)10-25-316-012-0000 (AFFECTS LOT 26)10-25-316-011-0000 (AFFECTS LOT 27)1 () -"J"_,01-029-0000 (AFFECTS LOT 28)

- .....~r; 1" f\'T' ')01

10-25-301-032-000U VU-, U~ -

JO-25-301-032-0000(AFFECTS LOT 32)10-25-301-034-0000 (AFFECTS LOT 33)10-25-301-035-0000 (AFFECTS LOT 34)JO-25-301-036-0000 (AFFECTS LOT 35)10-25·301-038-0000 (AFFECTS LOT 37)10-25-301-039-0000 (AFFECTS LOT 38)10-25-301-046-0000 (AFFECTS LOT 41)10.25-301-048-0000 (AFFECTS LOT 43)10-25-316-010-0000 (AFFECTS PART OF LOT 44)10-25.301-043-0000 (AFFECTS PART OF LOT 45)

Above S ace for Recorder's Use Onl


OF


UNDER DECLARATION OF COVENANTS REGARDING


l'repal'ed by:

Thomas G. Moffitt, Esq.Stahl Cowen Crowley55 West Monroe StreetC'l1itp 1'Jon


Victor BarreraVillage of Mundelein440 East Highway StreetMundelein, Illinois 60060011'1 (lAO 1.')()O

ASSIGNMENT AND ASSUMPTION OF l)}<;VJ<;LUl'M{'~lUl7tll ~ AI'U

RESPONSIBILITIES UNDER DECLARATION OF COVENANTSREGARDING TALL GRASS RIDGE SUBDIVISION

This Assignment and Assumption of Developer's Rights and Responsibilities underDeclaration of Covenants ("Assignment") is entered into as of , 20 II, by andbetween TALL GRASS RIDGE, LLC, an Illinois limited liability company ("Assignor") andBEL-AIR INVESTMENTS, INC., an Illinois corporation ("Assignee").

RECITALS:

A, Assignor and Assignee entered into a certain Real Estate Purchase and SaleAgreement dated July 29, 2009, as modified by that cel1ain Amendment to Contract datedSeptember 29, 2009, as further modified by that certain Second Amendment to Contmct datedSeptember 29, 2009, as further modified by that certain Third Amendment to Contract datedJanuary _, 2010, on further modified by that certain Fourth Amendment to Contract, datedJuly 7, 2010 (collectively, the "Contract"), relating to certain real property known as certain lotsin the Tall Grass Ridge Subdivision, in the Village of Mundelein, Lake County, minois, andlegally described on Exhibit A hereto (the "Property");

B, Assignor, as "Developer''', entered into that certain Declaration of Covenants andRestrictions for Tall Grass Ridge dated April 20, 2007, and recorded with the Lake CountyRecorder of Deeds on June 12,2007 as document no. 6196226 (the "Declaration"), a copy ofwhich is attached hereto as Exhibit B and incorporated herein by reference;

C, In connection with the sale and purchase of the Property, Assignor desires to assignto Assignee and Assignee desires to accept from Assignor, all of Assignor's rights andobligations as Developer under the Declaration, to become effective as of the closing ofAssignee's purchase of the Property from Assignor (the "Closing").

NOW, THEREFORE, for and in consideration of the mutual undel1akings as set forthherein, the mutual undertakings set forth in the Contract, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, the parties heretoagree as follows:

I. Assignor does hereby quit claim and assign to Assignee all of the right, title andinterest which ihe Assignor has in, to and under the Declaration as the Developer, as definedtherein, subject to all of the terms and conditions contained therein. The foregoing assignmentshall become effective as of the Closing.

2. Assignee does hereby accept the foregoing assignment and hereby assumes andagrees to perform and be bound by all of the covenants, conditions and obligations of Assignorunder the Declaration to be performed or complied with by the Developer thereunder or arising-1-1.. 0 ...0 " .... 1""1"',. rln ,..,1' ~-A-pl' thp rl()(;1,lno-

3. If the Closing does not occur by lVlarcn .J 1 > .LV 11, lllvll lUI;:) n..:>;:)!l$lIlW.... lI ..."n'B OJ"",

null and void and of no force or effect.

4. After the Closing, the address for notice to the Developer under the Declarationshall be as follows:

Bel Air Investments, Inc.c/o Kenneth D. BellahLaw Offices of Kenneth D. Bellah525 West Monroe Street, Suite 2360Chicago, Illinois 6066 I




IN WITNESS WHEREOF, the parties hereto nave exeCUlea !IllS f\SSlglllllClll CllC:"" VC:


ASSIGNOR:

TALL GRASS RIDGE, LLC, an Illinois limited liability companyBy: GPH MGMT LLC, an Illinois limited liability company, its Manager

By: Grand Pointe Homes Holdings, Inc., an Illinois corporation, its Manager

By:--::-::c:-----:c-:------c-------Name: Jeffrey S. PelockTitle: President

ASSIGNEE:


By: _

Name: William J. BellahTitle: President


The Village of Mundelein hereby approves the foregoing Assignment of Assignor's rights andobligations under the Declaration of Covenants to Assignee.

Date: , 2011

VILLAGE OF MUNDELEIN, an Illinois Municipal Corporation

By: _Name: _

Title:


COUNTY OF LAKE )

I,.a Notary Public, do hereby certify that Jeffrey S. Pelock, personally known to me to be thcPresident of Orand Point Homes Holdings, Inc., an Illinois corporation, the Manager of OPBMGMT LLC, an Illinois limited liability company, the Manager of TALL GRASS RIDGE,LLC, an Illinois limited liability company, and personally known to me to be the person whosename is subscribed in the foregoing instrument, appeared before me this day in person andacknowledged that he signed and delivered the said instrument as such President of the Managerof the Manager of said company, as his free and voluntary act, and as the free and voluntary actof said company, for the purposes therein set forth.

Given under my hand and notarial seal this __ day of February, 20 II,

Notary Public

My commission expires:' _


COUNTY OF LAKE )

I, a Notary Public, do hereby certify that William J. Bellah, personally known to me to be thePresident of BEL-AIR INVESTMENTS, INC., an Illinois and personally known to me to bethe person whose name is subscribed in the foregoing instrument, appeared before me this day inperson and acknowledged that he signed and delivered the said inst1Ument as such President ofsaid corporation, as his free and voluntary act, and as the free and voluntary act of saidcorporation, for the purposes therein set forth,


Notary Public



COUNTY OF LAKE )

I, a Notary Public, do hereby certify that , personally known to me to bethe of VILLAGE OF MUNDELEIN, an Illinois municipal corporation,and personally known to me to be the person whose name is subscribed in the foregoinginstrument, appeared before me this day in person and acknowledged that he signed anddelivered the said instrument as such , as his free and voluntary act, and as thefi'ee and voluntary act of said Village, for the purposes therein set forth.


Notary Public


EXHIBIT A

LEGAL DESCRIPTION

LOTS 1 TO 35, 37, 38, 41, 43 TO 45 OF THE FINAL PLAT OF TALL GRASS RIDGESUBDIVISION BEING A RESUBDIVISION OF BLOCKS 9 THROUGH 16, BOTHINCLUSIVE, IN ARTHUR DUNAS' MUNDELEIN MANOR, BEING A SUBDIVISION OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEASTQUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 44 NORTH,RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLATTHEREOF RECORDED MARCH 17,2006 AS DOCUMENT 596559.


10-25-301-026-0000 (AFFECTS LOT 1)10-25-301-027-0000 (AFFECTS LOT 2)10-25-301-028-0000 (AFFECTS LOT 3)10-25-316-001-0000 (AFFECTS LOT 4)10-25-316-002-0000 (AFFECTS LOT 5)10-25-316-003-0000 (AFFECTS LOT 6)10-25-316-004-0000 (AFFECTS LOT 7)10-25-316-005-0000 (AFFECTS LOT 8)10-25-316-006-0000 (AFFECTS LOT 9)10-25-316-007-0000 (AFFECTS LOT 10)10-25-316-008-0000 (AFFECTS LOT 11)10-25-316-009-0000 (AFFECTS LOT 12)10-25-316-023-0000 (AFFECTS PART OF LOTS 18 & 44)10-25-316-024-0000 (AFFECTS LOT 13)10-25-316-025-0000 (AFFECTS LOT 14)10-25-316-026-0000 (AFFECTS PARTITION OF LOTS 14 TO 17)10-25-316-027-0000 (AFFECTS PART OF LOT 15)10-25-316-022-0000 (AFFECTS PART OF LOT 16)10-25-316-021-0000 (AFFECTS PART OF LOT 17)10-25-316-020-0000 (AFFECTS PART OF LOT 18)10-25-316-019-0000 (AFFECTS LOT 19)10-25-316-018-0000 (AFFECTS LOT 20)10-25-316-017-0000 (AFFECTS LOT 21)10-25-316-016-0000 (AFFECTS LOT 22)10-25-316-015-0000 (AFFECTS LOT 23)10-25-316-014-0000 (AFFECTS LOT 24)10-25-316-013.0000 (AFFECTS LOT 25)1n_J ,_"< 1(,.n 1)-0000 (AFFECTS LOT 26)

10-25-301-030-0000 (AtttLJ" LV' ~/J

10-25-301-031-0000 (AFFECTS LOT 30)10-25-301-032-0000 (AFFECTS LOT 31)10-25-301-032-0000 (AFFECTS LOT 32)10-25-301-034-0000 (AFFECTS LOT 33)10-25-301-035-0000 (AFFECTS LOT 34)10-25-301-036-0000 (AFFECTS LOT 35)10-25-301-038-0000 (AFFECTS LOT 37)10-25-301-039-0000 (AFFECTS LOT 38)10-25-301-046-0000 (AFFECTS LOT 41)10-25-301-048-0000 (AFFECTS LOT 43)10-25-316-010-0000 (AFFECTS PART OF LOT 44)10-25-301;043-0000 (AFFECTS PART OF LOT 45)

Above S ace for Recorder's Use Only


OF


UNDER DECLARATION OF COVENANTS REGARDING


Prepared by:

Thomas G. Moffitt, Esq.Stahl Cowen Crowley55 West Monroe StreetSuite 1200Chicago, Illinois 6060311? hill (j(jh(j


Victor BarreraVillage of Mundelein440 East Highway StreetMundelein, Illinois 60060847.949.3200

ASSIGNMENT AND ASSUMPTION OF DEVELOPER'S lUliHTS ANV

RESPONSIBILITIES UNDER DECLARATION OF COVENANTSREGARDING TALL GRASS RIDGE SUBDIVISION

This Assignment and Assumption of Developer's Rights and Responsibilities underDeclaration of Covenants ("Assignment") is entered into as of February __, 201 I, by andbetween BEL-AIR INVESTMENTS, INC" an Illinois corporation ("Assignor") and K.HOVNANIAN T&C HOMES AT ILLINOIS, LLC, an Illinois limited liability company("Assignee"),

RECITALS:

A. Assignor and Assignee entered into a certain Real Estate Sale Agreement datedAugust 4, 20 I0, as amended by that certain First Amendment to Real Estate Sale Agreementdated as of September 14, 2010, as further modified by that certain Second Amendment toContract dated October 20, 20 I0, as further modified by that certain Third Amendment toContract dated February __, 20 I I (collectively, the "Contract"), whereby Seller agreed to selland Purchaser agreed to purchase thirty-seven (37) subdivided building lots and two (2) commonarea lots located in the Tall Grass Ridge subdivision in the Village of Mundelein, Lake County,Illinois, and legally described on Exhibit A hereto (the "Property").

B. Assignor, as "Developer", received an assignment from Tall Grass Ridge, LLC, anIllinois limited liability company, of even date herewith, of all the rights and responsibilities ofthe Developer under that certain Declaration of Covenants and Restrictions for Tall Grass Ridge,dated April 20, 2007, and recorded with the Lake County Recorder of Deeds on June 12,2007 asdocument no. 6I96226 (the "Declaration"), a copy of which Declaration is attached hereto asExhibit B and incorporated herein by reference;

C. In connection with the sale and purchase of the Property, Assignor desires to assignto Assignee and Assignee desires to accept from Assignor, all of Assignor's rights andobligations as Developer under the Declaration, to become effective as of the closing ofAssignee's purchase of the Propelty from Assignor (the "Closing").

NOW, THEREFORE, for and in consideration of the mutual undertakings as set forthherein, the mutual undertakings set forth in the Contract, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged, the parties heretoagree as follows:

I. Assignor does hereby quit claim and assign to Assignee all of the right, title andinterest which the Assignor has in, to and under the Declaration as the Developer, as definedtherein, subject to all of the terms and conditions contained therein. The foregoing assignmentshall become effective as of the Closing.

? A"i,mee ones herehv accent the forel.!oinl.! assil.!nment and hereby assumes and

under the Declaration to be performed or complied wIth by the lJeVeloper lllereunoer or ansmgthereunder on or after the Closing.

3. Ifthe Closing does not occur by March 31, 2011, then this Assignment shall benull and void and of no force 01' effect.

4. After the Closing, the address for notice to the Developer llllder the Declarationshall be as follows:

K. Hovnanian T&C Homes at Illinois, LLC1806 S. Highland AvenueLombard, IL 60148Attention: Andrew Mouw




IN WITNESS WH]£l{J<:U~', the parues nerelU rmvc CAC~"'~U ''''0 ',oO'6UU>~>" _ ••__ ••. _


ASSIGNOR:


By: _

Name: William J. BellahTitle: President

ASSIGNEE:

K. HOVNANIAN T&C HOMES AT ILLINOIS, LLC, an Illinois limited liability company

By:_~_~ _Name: ~_

Title: _


The Village of Mundelein hereby approves the foregoing Assignment of Assignor's rights andobligations under the Declaration of Covenants to Assignee.

Date: , 2011

VILLAGE OF MUNDELEIN, an Illinois Municipal Corporation

By: -'--Name: ~ ~ _Title: _

STATE OF ILLlNOIS )) SS

COUNTY OF LAKE )

I, a Notary Public, do hereby certify that William 1. Bellah, personally known to me to be thePresident of BEL-AIR INVESTMENTS, INC., an Illinois and personally known to me to bethe person whose name is subscribed in the foregoing instrument, appeared before me this day inperson and acknowledged that he signed and delivered the said instrument as such President ofsaid corporation, as his free and voluntary act, and as the free and voluntary act of saidcorporation, for the purposes therein set forth.


Notary Public



COUNTY OF LAKE )

I, a Notary Public, do hereby certify that , personally known to me to bethe of K. HOVNANIAN T&C HOMES AT ILLINOIS, LLC, an Illinoislimited liability company, and personally known to me to be the person whose name issubscribed in the foregoing instrument, appeared before me this day in person and acknowledgedthat he signed and delivered the said instrument as such of said company, ashis free and voluntary act, and as the free and voluntary act of said company, for the purposestherein set forth.


Notary Public



COUNTY OF LAKE )

I, a Notary Public, do hereby certify that , personally known to me to bethe of VILLAGE OF MUNDELEIN, an Illinois mllllicipal corporation,and personally known to me to be the person whose name is subscribed in the foregoinginstrument, appeared before me this day in person and acknowledged that he signed anddelivered the said instrument as such , as his free and voluntary act, and as thefree and voluntary act of said Village, for the purposes therein set forth.


Notary Public


I<.;Xl1l1Ul A

LEGAL DESCRIPTION

LOTS I TO 35, 37, 38,41,43 TO 45 OF THE FINAL PLAT OF TALL GRASS RIDGESUBDIVISION BEING A RESUBDIVISION OF BLOCKS 9 THROUGH 16, BOTHINCLUSIVE, IN ARTHUR DUNAS' MUNDELEIN MANOR, BEING A SUBDIVISION OFTHE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEASTQUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 44 NORTH,RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLATTHEREOF RECORDED MARCH 17,2006 AS DOCUMENT 596559.


10-25-301-026-0000 (AFFECTS LOT I)10-25-301-027-0000 (AFFECTS LOT 2)10-25-301-028-0.000 (AFFECTS LOT 3)10-25-316-001-0000 (AFFECTS LOT 4)10-25-316-002-0000 (AFFECTS LOT 5)10-25-316-003-0000 (AFFECTS LOT 6)10-25-316-004-0000 (AFFECTS LOT 7)10-25-316-005-0000 (AFFECTS LOT 8)10-25-316-006-0000 (AFFECTS LOT 9)10-25-316-007-0000 (AFFECTS LOT 10)10-25-316-008-0000 (AFFECTS LOT II)10-25-316-009-0000 (AFFECTS LOT 12)10-25-316-023-0000 (AFFECTS PART OF LOTS 18 & 44)10-25-316-024-0000 (AFFECTS LOT 13)10-25-316-025-0000 (AFFECTS LOT 14)10-25-316-026-0000 (AFFECTS PARTITlON OF LOTS 14 TO 17)10-25-316-027-0000 (AFFECTS PART OF LOT 15)10-25-316-022-0000 (AFFECTS PART OF LOT 16)10-25-316-021-0000 (AFFECTS PART OF LOT 17)10-25-316-020-0000 (AFFECTS PART OF LOT 18)10-25-316-019-0000 (AFFECTS LOT 19)10-25-316-018-0000 (AFFECTS LOT 20)10-25-316-017-0000 (AFFECTS LOT 21)10-25-316-016-0000 (AFFECTS LOT 22)10-25-316-015-0000 (AFFECTS LOT 23)10-25-316-014-0000 (AFFECTS LOT 24)10-25-316-013~0000 (AFFECTS LOT 25)10-25-316-012-0000 (AFFECTS LOT 26)10-25-316-011-0000 (AFFECTS LOT 27)]()"K,01-0?9-0000 (AFFECTS LOT 28)

10-25-301-032-0000 (AFFECTS LOT 31)10-25-301-032-0000 (AFFECTS LOT 32)10-25-301-034-0000 (AFFECTS LOT 33)10-25-301-035-0000 (AFFECTS LOT 34)10-25-301-036-0000 (AFFECTS LOT 35)10-25-301-038-0000 (AFFECTS LOT 37)10-25-301-039-0000 (AFFECTS LOT 38)10-25-301-046-0000 (AFFECTS LOT 41)10-25-301-048-0000 (AFFECTS LOT 43)10-25-316-010-0000 (AFFECTS PART OF LOT 44)10-25-301-043-0000 (AFFECTS PART OF LOT 45)

From:Sent:To:Cc:Subject:Attachments:

To:

cc:

From:

Re:

Date:

Monsuite [[email protected])Wednesday, February 09, 2011 3:45 PMJohn LobaitoVictor BarreraTall Grass Ridge SUbdivision - Escrow InstructionsEscrow Instructions-Tall Grass to Bel-Air.02092011.doc; Escrow Instructions- Bel-AiUoj'&C.02082011.doc - - --

MEMORANDUM

John Lobaito, Village Administrator(Via E-Mail: [email protected])

Victor Barrera, Community Development Director(Via E-Mail: [email protected])

Charles F. Marino, Attorney

Tall Grass Ridge Subdivision· Escrow Instructions

February 9, 2011

Enclosed for your review are drafts of the following two Escrow Instructions sent to me by Tom Moffitt.

I. Escrow Trust Instructions to Chicago Title Insurance Company regarding sale of certain lots in the TallGrass Ridge Subdivision by Tall Grass Ridge, LLC to Bel Air Investments, Inc. (Escrow No.SA3905192)

2. Escrow Trust Instructions to Chicago Title Insurance Company regarding sale of certain lots in the TallGrass Ridge Subdivision by Bel Air Investments, Inc. to K. Hovnanian T & C Homes at Illinois, LLC(Escrow No.SA3905270)

Ml'. Moffitt is also preparing a third set of Escrow Trust Instructions to Chicago Title Insurance Companyregarding the conveyance of Lot 45 to the Mundelein Park & Recreation District by Tall Grass Ridge, LLC. Iwill send you that set of Escrow Trust Instructions when I receive it from Mr. Moffitt.

Please place a Motion on the Village Board's agenda for February 14,2011 authorizing me to (a) sign allescrow instructions pertaining to the Village of Mundelein regarding the Tall Grass Ridge Subdivision and (b)deliver into such escrows all documents executed by Village officials as authorized by the Board of Trustees.

If you have any questions, please advise.

J<;:SCl{UW Tl<U:S 1 ll~IH l~UL llUj~'"

To: Chicago Title Insurance Company ("Escrow Agent")171 N. Clark St.Chicago, IL 6060 IAttn.: _

Date: February __,2011 (the "Effective Date")

Re: Closing Escrow for Order No. SA3905I92 (the "Escrow"), for the sale and purchase ofthe real estate commonly known as celiain lots in the Tall Grass Ridge Subdivision, Mundelein,Illinois (the "Propcrty").

In connection with the sale of the Property by TALL GRASS RIDGE, LLC, an Illinoislimited liability company ("Scller"), to BEL AIR INVESTMENTS, INC., an Illinoiscorporation ("Purchaser"), this document constitutes the instructions of Seller, Purchaser andthe Village of Mundelein (the "Village") to you as Escrow Agent with respect to the closing ofthe transaction which is the subject of the above referenced Escrow (the "EscrowInstrllctions"). .

1. DEPOSITS.

A. Seller's Deposits. Seller or Seller's attorney hereby deposits or hereafter willdeposit into the Escrow the following documents, containing original signatures andnotarization, where applicable:

I: Special Warranty Deed (the "Decd").

2. Bill of Sale.

3. Assignment oflntangible Property.

4. State of Illinois Transfer Declaration (PTAX 203 & 203A).

5. ALTA Statement.

6. Certification ofNo Property Manager.

7. FIRPTA Affidavit.

8. GAP Personal Undertaking.

9. Form 1099-S.

10. Certificate of Representations and Warranties of Seller.

12. Certltlcate or llOOO ;:'lanomg 01 jail UIct» r..IUl;;~, LL~.

13. Pay-off letter (the "Pay-Off Letter") from Bank of America, N.A.("Mortagee").

14. Sixth Amendment to Development Agreement by and between the Villageand Seller.

15. Fifth Amendment to Development Agreement by and between the Villageand Seller.

16. Fourth Amendment to Development Agreement by and between theVillage and Seller.

17. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Declaration of Covenants Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.

18. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Subdivision Improvements Agreement Regarding Tall Grass RidgeSubdivision from Seller to Purchaser.

19. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Development Agreement Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.

20. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Impact Fee Agreement with Mundelein Park and Recreation District(the "Park District") regarding Tall Grass Ridge Subdivision from Sellerto Purchaser, with approval executed by the Park District.

21. Amendment to Builder's Impact Fee Agreement by and between Sellerand Park District, executed by Seller and the Park District.

22. Escrow Agreement by and between Seller and the Park District (the "ParkDistrict Escrow Agreement"), executed by Seller and the Park District.

23. Warranty Deed to Lot 45 from Seller to the Park District, which shall bedeposited into the Park District Escrow Agreement.

24. Acknowledgement of Receipt of Sixth Amendment to DevelopmentAgreement by and between the Village and Seller, executed by the ParkDistrict.

25. Assignment and Assumption of Developer's Rights and Responsibilities",vIp,' 1mn"~1 Fpp Aol'ppmpnl with Mundelein Elementarv School District

:lb. Asslgnmem anu f\"UlIlI'IlUIl Ul 1.Jvvv'VpU 0 "'5"'" """ 'wVl"~'""'~"''''~

under Impact Fee Agreement with Mundelein Consolidated High SchoolDistrict No. 120 regarding Tall Grass Ridge Subdivision, with approvalexecuted by the School District.

27. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Donation Fee Agreement with Fremont Public Library Districtregarding Tall Grass Ridge Subdivision, with approval executed by theLibrary District.

28. Seller's Closing Statement.

29. Escrow Trust Disbursement Statement (as hereafter defined).

B. Purchaser's Deposits. Purchaser or Purchaser's attorney hereby deposits 01'

hereafter will deposit into the Escrow the following documents, containing originalsignatures and notarization, where applicable:

I. Assumption of Assignment of Intangible Property.


3. ALTA Statement.

4. Certification of the Articles of Incorporation, Incumbency and Resolutionof Bel-Air Investments, Inc.

5. Certificate of Good Standing of Bel-Air Investments, Inc.

6. Acknowledgement of Receipt of Sixth Amendment to DevelopmentAgreement by and between The Village of Mundelein and Tall GrassRidge, LLC.

7. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Declaration of Covenants Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.

8. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Subdivision Improvements Agreement Regarding Tall Grass RidgeSubdivision from Seller to Purchaser.

9. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Development Agreement Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.

1n AssiQI1ll1ent and Assumption of Developer's Rights and Responsibilities

(the "YarK Ulsu'lcr') regarmng 1 an vlass l~"lg" .:lUUUI VI>JUH U VJH '-'~H~J

to Purchaser.

11. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Impact Fee Agreement with Mundelein Elementary School DistrictNo. 75 Regarding Tall Grass Ridge Subdivision from Seller to Purchaser.

12. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Impact Fee Agreement with Mundelein Consolidated High SchoolDistrict No. 120 regarding Tall Grass Ridge Subdivision.

13. Assignment and Assumption of Developer's Rights and Responsibilitiesunder Donation Fee Agreement with Fremont Public Library Districtregarding Tall Grass Ridge Subdivision.

14, Seller's Closing Statement.

15, Escrow Tl1\st Disbursement Statement.

16. Wire transfer of funds sufficient to pay the balance of the purchase priceand Purchaser's share of closing fees, title fees and recording fees asreflected on the Escrow Trust Disbursement Statement.

C. Village's Deposits. Seller or Seller's attorney hereby deposits or hereafter willdeposit into the Escrow the following documents, containing original signatures andnotarization, where applicable:

1. Sixth Amendment to Development Agreement by and between TheVillage of Mundelein and Tall Grass Ridge, LLC.

2. Fifth Amendment to Development Agreement by and between TheVillage of Mundelein and Tall Grass Ridge, LLC.

3, Fourth Amendment to Development Agreement by and between TheVillage of Mundelein and Tall Grass Ridge, LLC.

4. Approval of Assignment and Assumption of Developer's Rights andResponsibilities under Declaration of Covenants Regarding Tall GrassRidge Subdivision.

5. Approval of Assignment and Assumption of Developer's Rights andResponsibilities under Subdivision Improvements Agreement RegardingTall Grass Ridge Subdivision.

6. Approval of Assignment and Assumption of Developer's Rights andf.l"H'nn.nc;hilitipc lltl~Pl' npvpll'lnmpnt ApTf~ement Regarding Tall Grass

II. CUNUITIUNIS I U CLU~ll'll>. J ne conulllo,," pJCCC<lCIlt IU yu,,, C1U>JlIlS '11~ LOUU'"

are that yOU:

A. Have provided each of the undersigned with a copy of these Escrow Instructionssigned by you as escrow agent.

B. Have received all the deposits described in Section I of these Escrow Instructionsand have forwarded fully executed copies thereof attorney by facsimile or by email in pdfformat as directed by Seller's attorney, Purchaser's attorney and the Village's attorney,respectively.

C. Have received the funds necessary to make the disbursements set forth in SectionIV of these Escrow Instructions to consummate the contemplated acquisition of theProperty (the "Escrowed Funds").

D. Are prepared to unconditionally issue to Purchaser an owner's title insurancepolicy which conforms with the pro forma policy attached hereto as Exhibit A (the "TitlePolicy").

E. Are prepared to comply with theseinstructions executed by the undersigned asundersigned.

Escrow Instructions and such furtheryou may hereafter receive from the

F. Have received written confirmation (by facsimile or email) that each of theundersigned have authoJ'ized you to make the disbursements set forth in set forth inSection IV of these Escrow Instructions.

III. ACTIONS AT CLOSING. When all of the conditions precedent specified above havebeen satisfied, you are authorized and instructed to close Escrow by doing all of the following onthe Closing Date (the date on which you disburse the funds to and record the documents asinstructed below being referred to herein as the "Closing Date"):

A. Insert the Closing Date, or such other date as instructed by the undersigned, whereappropriate on all documents.

B. Prepare an Escrow Trust Disbursement Statement reflecting all funds receivedinto the Escrow and all disbursements to be made from the Escrow, which shall beapproved by the Seller's attorney and Purchaser's attorney (the "Escrow TntstDisbursement Statement")

C. Disburse in accordance with the instructions set forth in these EscrowInstructions.

D. Record the Deed.

IV. lllSHUl{SENIENT~. ATIer complYlIlg WlLIl lilt: 111:5l1lllVllUlI~ ~Cl J.Vllll !ll >...J"'VHVl.l J..L1

above, you are authorized and directed to:

A. Pay Seller's share of closing fees, title fees and recording fees as reflected on theEscrow Trust Disbursement Statement.

B. Pay an amount sufficient to cause Mortgagee to release its liens andencumbrances against the Property as reflected in the Pay"Off Letter.

C. Pay Purchaser's share of closing fees, title fees and recording fees as reflected onthe Escrow Trust Disbursement Statement.

D. Make any additional disbursements as advised in writing by Seller's attorneyand/or Purchaser's attorney.

E. Disburse the remainder of the Escrowed Funds in the manner specified in theEscrow Trust Disbursement Statement.

F. Disburse the net sale proceeds reflected on the Escrow Trust DisbursementStatement to Seller or such other party as you are directed by Seller's attorney.

G. Return any over deposit by Purchaser to Purchaser or such other party as you aredirected by the Purchaser's attorney.

H. Deliver originals or copies of the Deposits listed in Section I of these EscrowInstructions as directed by as directed by Seller's attorney, Purchaser's attorney and theVillage's attorney, respectively.

1. Deliver to the Purchaser's attorney the original Title Policy within thirty (30) daysafter Closing.

V. COMPLIANCE WITH ESCROW INSTRUCTIONS. The Escrow is to close as soonas possible, but not later than February __, 2011. If the Escrow fails to close and alldocuments and funds are not disbmsed by said date, or if you are unable to comply with any ofthese Escrow Instructions, then you are directed to continue to comply with these EscrowInstructions until you are in receipt of a written demand from any party hereto ("DemandParty") for the return of any of the Deposits set forth in Section I above made by said DemandParty (a "Demand"). Upon receipt ofa Demand you are to return to the Demand Party all of theDeposits set forth in Section I above made by said Demand Party, and provide written notice tothe other parties hereto of the return of said Deposits. All other Deposits are to be retained byyou in the Escrow until receipt of a Demand from the party that made such Deposits. When theEscrow closes, you will confirm such closing in writing (by email) to each of the undersigned.

VI. GENERAL.

H. Amendment. l11ese bscrow InSlfUCllUllS way uc allICll\.I~U VI 111VU1l1VU V1J.1)' VJ

amendments in writing signed by each of the undersigned and delivered before theEscrow closes. All amendments or supplemental instructions, properly executed, shall beconsidered part of these Escrow Instructions and Escrow Agent shall comply with same.

C. Right to Commingle. Escrow Agent may commingle the Deposits with otherdeposits or with its own funds in the manner provided for the administration of fundsunder Section 2-8 of the Corporate Fiduciary Act (205 ILCS 620/2-8) and may use anypart of all such funds for its own benefit without obligations to any party for interest orearnings derived thereby, if any. Provided, however, nothing herein shall diminishEscrow Agent's obligation to apply the full amount of the Deposits in accordance withthe terms of these Escrow Instructions.

D. Business Dav. Whenever under the terms and prOVISIOns of these EscrowInstructions the time for performance of a condition falls upon a Saturday, Sunday, orlegal holiday, such time for performance shall be extended to the next business day.

E. Contract. The parties have heretofore entered into a Purchase and SaleAgreement ("Contract") pertaining to the transaction to be consummated by theseEscrow Instructions. These Escrow Instructions shall not supersede the terms andprovisions contained in the Contract and in the event of a conflict the terms and

. provisions contained in the Contract shall prevail. It is agreed by the parties hereto thatEscrow Agent is not to be considered a party to the Contract and the Contract is not to beconstrued as a part of these Escrow Instructions. Escrow Agent shall be governed solelyby the terms and provisions contained in these Escrow Instructions.

F. Written Notice. All notices and demands required or permitted to be madehereto shall be made to the Escrow Agent in writing. All notices required to be served bythe Escrow Agent pursuant to instructions hereto shall be in writing and sent to theattorneys for the respective parties hereto at the addresses shown herein by fax or emailtransmission.

G. Execution. These Escrow Instructions are governed by and are to be construedunder the laws of the State of Illinois. The Escrow Instructions, amendments orsupplemental instructions hereto, may be executed in counterparts, each of which shall bedeemed an original and all such counterpal1s together shall constitute one and the sameinstrument.

H. Joint Deposits. Any of the Deposits which require the signature of more thanone pat1y shall be deemed to have been properly deposited by a party notwithstandingthat the document does not contain another party's signature.

VII. CONFIRMAnON BY ESCROW AGENT. Escrow Agent shall confirm its agreementto comply with the foregoing Escrow Instructions by acknowledging these Escrow InstructionsBUrl l'eturninQ an executed COpy of same by facsimile or electronic mail in pdf format to the

will consider Escrow Agel1l s r<;aca,,, an", v, ,,_~. _ .... _ •

and/or any disbursement by Escrow Agent of any of the Escrowed Funds as conclusive evidenceof Escrow Agent's agreement to comply with these Escrow Inst11lctions.

[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGEFOLLOWS]

IN WITNESS WHEREOF, the undersigned have executea tnese I:scrow Ill,,, U~lJva, lV v"

effective as of the Effective Date.

SELLER'S ATTORNEY:

Thomas G. MoffittStahl Cowen Crowley Addis LLC55 West Monroe Street, Suite 1200Chicago, Illinois 60603Tel.: 312-377-7861Fax: 3\2-423-8176Email: [email protected]

VILLAGE'S ATTORNEY:

Charles F. Marino100 West Monroe StreetChicago, IL 60603Tel.: 312-236-4260Fax: 312-236-1065Email: [email protected]

PURCHASER'S ATTORNEY:

Ken BellahLaw Offices of Kenneth D. Bellah525 West Monroe Street, Suite 2360Chicago, IL 60661Tel.: 312-648-9878Fax: 312-648-0438Email: [email protected]

ACKNOWLEDGMENT AND AlJIU;J!;!V1J!;N 1

Chicago Title Insurance Company, as Escrow Agent, hereby acknowledges receipt of theforegoing Escrow Instructions and agrees to comply with all terms and provisions thereof.

Datcd: , 2011

Chicago Title Insurance Company

By:Name: _

Title:

To: Chicago Titlc Insurance Company ("Escrow Agent")171 N. Clark St.Chicago, lL 60601Attn.: _

Date: February __,2011 (the "Effectivc Date")

Re: Closing Escrow for Order No. SA3905270 (the "Escrow"), for the sale and purchase ofthe real estate commonly known as certain lots in the Tall Grass Ridge Subdivision, Mundelein,Illinois (the "Properly").

In connection with the sale of the Property by BEL AIR INVESTMENTS, INC., anIllinois corporation ("Scller"), to K. HOVNANIAN T&C HOMES AT ILL1NOIS, LLC, anIllinois limited liability company ("Purchascr"), this documcnt constitutes the instructions ofSeller, Purchaser and the Village of Mundelein (the "Village") to you as Escrow Agent withrespect to the closing of the transaction which is the subject of the above referenced Escrow (the"Escrow Instructions").

I. DEPOSITS.

A. Sellel"s Deposits. Sellcr or Seller's attorney hereby deposits or hereafter willdeposit into the Escrow the following documents, containing original signatures andnotarization, where applicable:

I. Special Warranty Deed (the "Deed").

2. Bill of Sale.

3. Affidavit ofTitle.


5. ALTA Statement.

6. Certification ofNo Property Manager.

7. FIRPTA Affidavit.

8. GAP Personal Undertaking.

9. Form 1099-S.

10. Certification of the Articles ofIncorporation, Incumbency and Resolutionof ReI-Air Investments.lnc.

IL. l).:::'.::Jle.11111,"-,lH 'lUl,.l ~ .."'''' ....u.!' ......... ~~ - _. ---.1-..... •

under Declaration of Covenants Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.

13. A fully executed copy of that certain Sixth Amendment to DevelopmentAgreement by and between the Village and Tall Grass Ridge, LLC, anIllinois limited liability company ("TGR").

14. A fully executed copy of that ccrtain Fifth Amendment to DevelopmentAgreement by and between the Village and TGR.

15. A fully executed copy of that certain Fourth Amendment to DevelopmentAgreement by and between the Village and TGR.


17. Escrow Trust Disbursement Statement (as hereafter defined).

B. Purchaser's Deposits. Purchaser or Purchaser's attorney hereby deposits 01'

hereafter will deposit into the Escrow the following documents, containing originalsignatures and notarization, where applicable:

I. State of Illinois Transfer Declaration (PTAX 203 & 203A).

2. ALTA Statement.

3, Assignment and Assumption of Developer's Rights and Responsibilitiesunder Declaration of Covenants Regarding Tall Grass Ridge Subdivisionfrom Seller to Purchaser.


5. Escrow Trust Disbursement Statement.

6. Wire transfer of funds sufficient to pay the balance of the purchase priceand Purchaser's share of closing fees, title fees and recording fees asreflected on the Escrow Trust Disbursement Statement.

C. Village's Deposits. Seller or Seller's attorney hereby deposits or hereafter willdeposit into the Escrow the following documents, containing original signatures andnotarization, where applicable:

1. Approval of Assignment and Assumption of Developer's Rights andResponsibilities under Declaration of Covenants Regarding Tall GrassRidge Subdivision from Seller to Purchaser.

J-\. llaVv }.JIVYIU ....U ....~~VU Vi UJ\.' ~ ....... \.' .. ..,~t>..."' ... ,.£u£ ... --J~'; -~ ---- __ ----_

signed by you as escrow agent.

B. Have received all the deposits described in Section I of these Escrow Instructionsand have forwarded fully executed copies thereof attorney by facsimile or by email in pdfformat as directed by Seller's attorney, Purchaser's attorney and the Village's attorney,respectively.

C. Have received the funds necessary to makc the disbursemcnts set forth in SectionIV of these Escrow Instructions to consummate the contemplated acquisition of theProperty (the "Escrowed Funds").

D. Are prepared to unconditionally issue to Purchaser an owner's title insurancepolicy which conforms with the pro forma policy attached hereto as Exhibit A (the "TitlePolicy").

E. Are prepared to comply with theseinstructions executed by the undersigned asundersigned.

Escrow Instructions and such furtheryou may hereafter receive from the

F. Have received written confirmation (by facsimile or email) that each of theundersigned have authorized you to make the disbursements set forth in set forth inSection IV of these Escrow Instructions.

III. ACTIONS AT CLOSING. When all of the conditions precedent specified above havebeen satisfied, you are authorized and instructed to close Escrow by doing all of the following onthe Closing Date (the date on which you disburse the funds to and record the documents asinstructed below being referred to herein as the "Closing Date"):

A. Insert the Closing Date, or such other date as instructed by the undersigned, whereappropriate on all documents.

B. Prepare an Escrow Trust Disbursement Statement reflecting all funds receivedinto the Escrow and all disbursements to be made from the Escrow, which shall beapproved by the Seller's attorney and Purchaser's attorney (the "Escrow TrustDisbursement Statement")

C. Disburse in accordance with the instructions set forth in these EscrowInstructions.

D. Record the Deed.

E. Record such other documents as directed by the undersigned.

IV. DISBURSEMENTS. After complying with the instructions set forth in Section III<;thrnrp VOll ~l·P ::mthnri7p.n ~mci ciil'ected to:

A. l'ay ~el1er's snare or CIOSll1g rees, nlle lees allu rt:l:UrUlJlg, It:C:::S 1:1.:5 ll;UC:I,..;LI;;U UI1 LUI;;

Escrow Trust Disbursement Statement.

B. Pay the sum of$58,500.00 from Seller's sale proceeds to the Village.

c: Pay the sum of$25,000.00 from Seller's sale proceeds to the Village.

D. Disburse the sum of $55,000.00 from Seller's sale proceeds to that certain escrowestablished with Escrow Agent by TOR and the Village of Mundelein Park andRecreation District.

E. Pay Purchaser's share of closing fees, title fees and recording fees as reflected onthe Escrow Trust Disbursement Statement.

F. Make any additional disbursements as advised in writing by Seller's attorneyand/or Purchaser's attorney.

O. Disburse the remainder of the Escrowed Funds in the manner specified in theEscrow Trust Disbursement Statement.

H. Disburse the net sale proceeds reflected on the Escrow Trust DisbursementStatement to Seller or such other party as you are directed by Seller's attorney.

I. Return any over deposit by Purchaser to Purchaser or such other pat1y as you arcdirected by the Purchaser's attorney.

1. Deliver originals or copies of the Deposits listed in Section I of these EscrowInstructions as directed by as directed by Seller's attorney, Purchaser's attorney and theVillage's attorney, respectively.

K. Deliver to the Purchaser's attorney the original Title Policy within thirty (30) daysafter Closing.

V. COMPLIANCE WITH ESCROW INSTRUCTIONS. The Escrow is to close as soonas possible, but not later than February __, 2011. If the Escrow fails to close and alldocuments and funds are not disbursed by said date, or if you are unable to comply with any ofthese Escrow Instructions, then you are directed to continue to comply with these EscrowInstructions until you are in receipt of a written demand from any party hereto ("DemandParly") for the return of any of the Deposits set forth in Section I above made by said DemandParty (a "Demand"). Upon receipt of a Demand you are to return to the Demand Party all of theDeposits set forth in Section I above made by said Demand Party, and provide written notice tothe other parties hereto of the return of said Deposits. All other Deposits are to be retained byyou in the Escrow until receipt of a Demand from the party that made such Deposits. When theEscrow closes, you will confirm such closing in writing (by email) to each of the undersigned.

A. IllveSlmCnl. l'4Ullt: UJ. lIlt: VC;VU::Sll::S lllauc; jJUl::SUCUH ~V lllv.;)v Lj.;)\•.olVVV .ll1.)l1l.lvI.1VU'"

shall be invested by you.

B. Amendment. These Escrow Instructions may be amended or modified only byamendments in writing signed by each of the undersigned and delivered before theEscrow closes. All amendments or supplemental instructions, properly executed, shall beconsidered part of these Escrow Instructions and Escrow Agent shall comply with same.

C. Right to Commingle. Escrow Agent may commingle the Deposits with otherdeposits or with its own funds in the manner provided for the administration of fundsunder Section 2-8 of the Corporate Fiduciary Act (205 ILCS 620/2-8) and may use anypart of all such funds for its own benefit without obligations to any party for interest orearnings derived thereby, if any. Provided, however, nothing herein shall diminishEscrow Agent's obligation to apply the full amount of the Deposits in accordance withthe terms of these Escrow Instructions.

D. Business Day. Whenever under the terms and provIsIOns of these EscrowInstructions the time for performance ofa condition falls upon a Saturday, Sunday, orlegal holiday, such time for performance shall be extended to the next business day.

E. Contract. The parties have heretofore entered into a Purchase and SaleAgreement ("Contract") pertaining to the transaction to be consummated by theseEscrow Instructions. These Escrow Instructions shall not supersede the terms andprovisions contained in the Contract and in the event of a conflict the terms andprovisions contained in the Contract shall prevail. It is agreed by the parties hereto thatEscrow Agent is not to be considered a party to the Contract and the Contract is not to beconstrued as a part of these Escrow Instructions. Escrow Agent shall be governed solelyby the terms and provisions contained in these Escrow Instructions.

F: Written No.tice. All notices and demands required 01' permitted to be madehereto shall be made to the Escrow Agent in writing. All notices required to be served bythe Escrow Agent pursuant to instructions hereto shall be in writing and sent to theattorneys for the respective parties hereto at the addresses shown herein by fax or emailtransmission.

G. ·Execution. These Escrow Instructions are governed by and are to be construedunder the laws of the State of Illinois. The Escrow Instructions, amendments orsupplemental instructions hereto, may be executed in counterparts, each of which shall bedeemed an original and all such counterpar1s together shall constitute one and the sameinstrument.

H. Joint Deposits. Any of the Deposits which require the signature of more thanone party shall be deemed to have been properly deposited by a party notwithstandingthat the document does not contain another party's signature.

undersIgned as soon as possible, It loscrow Agelll snoulO lau 10 sena me unm:rsigneaacknowledgment and agreement to the terms of these Escrow Instructions, then the undersignedwill consider Escrow Agent's release and/or recordation of any documents described hereinand/or any disbursement by Escrow Agent of any of the Escrowed Funds as conclusive evidenceof Escrow Agent's agreement to comply with these Escrow Instl'llctions.

[THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGEFOLLOWS]

IN WITNE:S::S WliEliliUl', the unaerslgnea nave executeci lllese loscrow 1I1struCtlons to beeffective as of the Effective Date.

SELLER'S ATTORNEY:

Thomas G. MoffittStahl Cowen Crowley Addis LLC55 West Monroe Street, Suite 1200Chicago, Illinois 60603Tel.: 312-377-7861Fax: 312-423-8176Email: [email protected]

VILLAGE'S ATTORNEY:

Charles F. Marino100 West Monroe StreetChicago, IL 60603Tel.: 312-236-4260Fax: 312-236-1065Email: [email protected]

PURCHASER'S ATTORNEY:

William L. GoldbeckDrinker Biddle & Reath LLP191 North Wacker Drive, Suite 3700Chicago, Illinois 60606Tel.: (312) 569-1225Fax: (312) 569-3225Email: [email protected]

ACKNOWLEDGMENT AND AlYRJ<;J<;lVlEJ'Il

Chicago Title Insurance Company, as Escrow Agent, hereby acknowledges receipt of theforegoing Escrow Instructions and agrees to comply with all terms and provisions thereof.

Dated: , 2011

Chicago Title Insurance Company

By:Name: _

Title:

lloomis-smith

agenda button

MUNDELEINR«uJIII O",I\N",

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FINANCECOMMITTEE REPORT

Exhibit 9

To:

From:

For:

Subject:


Row Kho, Accountant

February 14, 2011 Village Board Meeting

Separated Bills for Approval

SUmmal}/:

The Village's Bill Approval policy requires bill approval at each board meeting. Board approval is respectfully requestedThe attached was pulled from the Governing Body Report, so the item or items could be voted upon separately..

Recommendation:

T\Jotion to approve the payment of bills, as indicated on Disbursement Pending Report for:

Dated Vendor Name Invoices Totaling02/14/11 AT&T $9,095.0902/14/11 AT&T Mobility $3,446.1202/14/11 AT&T Long Distance $122.57

Row

Signahue

Di!,titally signed by Row Kho

}/1_ DN: cn=Row Kho, o=Village of'-110 l\ill1:dclein, tlu=Financc Derartllle~ll,

cmall=rkho@11lundc!cln.org,c:=USDate: 201 l.()2.09 09:57:56 "()(/OO'

Village Administrator Recommendation.Approve the j\fotiol1

t- /J7r Digitally signed by John

A-. Lobaito .Date: 2011.02.09 13:10:13-06'00'

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TRANSPORTATION & INFRASTRUCTURECOMMITTEE REPORT

Exhibit 10


From: Bill Emmerich, Village Engineer

For: February 14, 2011 Village Board Meeting

Subject: US 45 (Lake Street) Streetscape (park Street to Wellington Avenue)Local Agency Agreen1cnt for Federal Participation - Preliminary Engineering

Illinois 'l'ransportation Enhancetncnt Program Grant

SummalY:l\.fundclein must execute, and the Illinois Dcpartn1ent ofTransportation must approve, the Local Agency Agreementfor Federal Participation priof to the expenditure of Illinois Transportation EnhanCC111cnt Program grant funds. The

Local Agency j\greemcnt indicates the Jlnount of funding provided by either the Federal Highway Administration(FI-IWA) or the State of Illinois. In this case the FHWA is reimbursing 80% of the cost to perform preliminatyengineering for US 45 (Lake Street) Streetscape (park Street to Wellington Avenue) improvements in the not to exceedamount of $28,800.

Recolnmendation:

Motion to approve the Local Agency Agreement with the Illinois Department of Transportation for the US 45 (LakeStreet) Streetscape (park Street to Wellington Avenue) Preliminary Engineering under the Illinois TransportationEnhancement Program and authorize the IvIayor to sign the Agreement.

Signature

Digitally signed by Bill.~ Emmerich7 Date: 2011.02.01 10A9:0S

-06'00'

Village ..Administrator RecommendationI\pprove the j\lotion

f- fj:5r Digitally signed by John,4- . Lobaito .

Date: 2011.02.0814,04,16-06'00'

lloomis-smith

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MUNDELEIN/?""",JinO",.P,m..,

f?MJ,i~"t !<xOv rHl..,~'Ne<)~~"~"'H" 1000

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",~·,·,c",· ...."'. ".,,,,,,,.VILLAGE OF MUNDELEIN

TRANSPORTATION & INFRASTRUCTURECOMMITTEE REPORT

Exhibit 11


From: Bill Emmerich, Village Engineer

For: Februaty 14, 2011 Village Board Meeting

Subject: US 45 (Lake Street) Streetscape (Park Street to Wellington Avenue)Preliminary Engineering Services Agreement for Federal ParticipationIllinois Transportation Enhancement Program Grant

Summary:In October, 2010 Mundelein was awarded an Illinois Transportation Enhancement Program (ITEP) Grant in theamount of $312,730 to continue the streetscape improvetnents within Lake Street generally between Park Street and

\X1ellington Avenue. This new grant is in addition to the $202,400 grant awarded to l'vfundclcin for the presentstreetscape improvetnent along the same street segment which consists only of decorative light poles. Under the newgrant, additional streetscape itnproven1ents will include new driveway aprons, new curb and gutter, landscaping,

decorative sidewalk and other special features such as planters, benches and tree grates. See attached sumtnaryanddetail scope of work.

Recon1mendation:

I\!fotion to approve the Preliminary Engineering Services Agreetnent for Federal Participation with I-IR Green, Inc. to

perform engineering services related to the US 45 (Lake Street) Streetscape (park Street to Wellington Avenue) in anamount not to exceed $36,006.83 and authorize the Mayor and Clerk to sign the agreement.

Signature

Digitally signed by Bill. ~Emmcrich/ Date: 2011.02.01 10:55:38

-06'00'


Approve the i\fotion

t- tf:3r Digitally signed by JohnA-. Lobaito

Date: 2011.02.08 14:00:59-06'00'

------

lloomis-smith

agenda button

Streetscape ImprovementsUS Route 45 Part V

Summary of Scope of Work

I) Provide mOT with all Paper work prior to start of Project• Complete the Job Request Form• Complete mOT fonn BLRl9100

o Required to get approval for CE I - no phase I report will then be required2) Update Contract Plans

• Contract Plans dated October 2004 were completed assuming a local letting utilizing localfunds.

• Federal funds are being utilized and therefore Contract plans are required to be updatedto be in accordance with current federal standards.

• The following plan sheets are required to be updated:a) Cover Sheet (l sheet);b) Index/General Notes (l sheet);c) Summary of Quantities (l sheet);d) Typical Sections (1 sheet);e) Suggested Staging of ConstlUction (2 sheets);f) Existing Conditions and Proposed Plan (no profile) (20 scale) (1 sheet);g) Miscellaneous Details (4 sheets)

• The following additional plan sheets are required:a) Cross-Sections every 25 feet, including driveways (20 cross scctions);b) mOT Standards (2 sheets)

• The Opinion of Probable Construction Cost is required to be updated with current unit costsand mOT pay items.

• Estimate of Time is required for all federal funded projects; this was not included ill previouspreliminary permit plans.

&) Special Provisions are required and were not provided with previous preliminmy pemlitplans.

2. Multiple Submittals Required• During the development of the contract plans and specifications, interim submittals will be

made to the Village and mOT. Three submittals will occur: preliminary (50% - to Village),pre-final (90% - to mOT, Village and Utility Companies), and final (100% - to JDOT,Village and Utility Companies). Comments received will be addressed and a disposition ofcomments will be prepared by SEC.

3. Topographic survey is required due to the following:o SEC has not received a topographic survey of the existing conditions.o Age ofprcliminary pennit plans (October 2004).• Changes within the project limits. (i.e. installation of new light poles).

4. Special Waste• An Environmental Survey Request is required for this project will be submitted to mOT to

be processed for special waste screening.

5. Meetings & Coordination• The following meetings are required for this project:

i. At Village;

Page 1

Streetscapc ImprovementsUS Route 45 Part V

Summary of Scope of Work

• Review Village plan comments - preliminary (1);• Review Village plan comments - pre-final (1).

ii. At !DOT1. Kick-off Meeting (1);2. Review Plan Review Cormnents (I).

Page 2

EXHIDITESCOPE OF SERVICES

VILLAGE OF MUNDELEINUS ROUTE 45 PART V

STREETSCAPE IMPROVEMENTSPHASE IT ENGINEERING

Project Understanding

The Village previously had Part V of the US Route 45 Streetscape project designed by another consultant.Project plans were fmalized but never permitted through mOT. The Village halted the project in 2004.

In 2009, utilizing leftover ITEP fimds, Contract Plans for Parl V were developed and approved through!DOT for the installation of the decorative street lights. hI 2010, the project was awarded and thedecorative slreet lights are currently being installed. This contract is for devcloping Contract Plans of theUS Route 45 Strectscape Plans utilizing ITEP funds recently awarded to the Village.

The Village has secured additionalITEP fimding for streetscape enhancements to Part V of the US Route45 Streetscape project and is therefore seeking to develop contract plans for all remaining featnrespreviously designed for Part V. The Scope ofWork will consist streetscape improvements including newdriveway aprons, new curb and gutter, landscaping, decorative sidewalks, and special slreetscape featuressuch as benches, tree grates, etc. No roadway, lighting, or utility related work is anticipated in this project.

All work will be completed within the existing right-of-way.

[ Scope of Work ]'------,SEC will prepare Phase IT contracts plans, special provisions, and other related Phase II documents asnoted in this scope of work for the streetscapc improvements as described in this document and inaccordance to previously completed plans.

I) Design Guidelines

The Phase II engineering and contract documents will be developed according to mOT and applicablelocal requirements. These include the following design guidelines and ordinances:

a. Bureau ofLaca! Roads (BLR) Manualb. Bureau of Design and Environment (BDE) Manual

2) Pavement Design

Pavement design is not required and is not included in this scope of work.

3) Suggested Maintenance ofTraffic

The scope of work was prepared assuming that the closure of one lane of US Route 45 during weekdays will take place during eonstmction. Signs, baITicades, and flag persons will be utilized inaccordance with State Standards

Village of MundeleinPhase II EngineeringUS Route 45 Pal, V

Strcctscape ImprovementsJal1ualY 17, 2011

Page 2 of 5

4) Drainage

No utility related work is included in this scope of work.

5) Streetscape

Streetscape improvements include new driveway aprons, new curb and gutter, landscaping, decorativesidewalks, and special streetscape features such as benches, tree grates, etc. The landscapingimprovements will be comprised of restoration of disturbed areas with sod and/or seed only and theinstallation of trees and will be detailed on the existing and proposed plan.

6) Lighting

No lighting related work is included in this scope of work.

7) Traffic Signals

No traffic signal related work is included in this scope of work.

8) Geotechnical Services

Geoteclmical services will not be required and is not included in this scope of services.

9) Topographic survey

Survey - Locate existing visible topographic information for 600 feet of US Route 45. Thetopographic limits will extend from 150 feet north of Wellington Avenue to 450 feet south ofWellington Avenue. The width of the survey will extend to 10 feet outside of the Right of Way onboth sides of US Route 45. The topographic survey will include location of existing visible utilitymarkings by I.U.L.I.E. utility identification (as requested by Owner/Client), existing buildings,roadways, driveways, sidewalks, light poles, signs, and landscaping features. The size and depth ofdry utilities (i.e. gas, phone, cable TV, and power) will be the Owner's responsibility. Municipalutilities (i.e. storm sewer, sanitary sewer, and water main) will be located and shown on the survey.Invert data for all municipal utilities will not be collected. Individual trees will be located larger than3 inches in diameter. The Right of Way will be shown on the survey based on work provided byothers. One foot contours will be generated based on the topographic grid network.

Horizontal & Vertical Control - Horizontal coordinates will be based on Illinois State PlaneCoordinates NAD 1983 datum (2007 adjustment) and vertical elevations will be based on NAVD 1988datum established from NGS and local control monuments. One benchmark will be located on the siteand referenced on the survey.

Topographic Survey Drawing - Final drafting product to be created using MicroStation v8, showingexisting features and I' contours. The topographic survey will be coordinated with the engineeringdepartment.

Village of MundeleinPhase II EngineeringUS Route 45 Part V

Streetscape ImprovementsJanuary 17, 2011

Pagc30f5

10) Right-of way

Right of way acquisition for this project will not be required. All work is to occur within theroadway's right of way.

11) Permits

It has been assumed that no Permit will be required for this project

12) fu!ecial Waste

An Enviroll1nental Survey Request will be submitted to IDOT to be processed for special wastescreemng.

13) Meetings & Coordinationa) The following meetings are estimated:

i. At Village;• Review Village plan comments - preliminaly (I);• Review Village plan connnents - pre-flllal (1)

ii. AtIDOT

• Kick-off Meeting (1);

b) Meeting Requirements:i. SEC will have two (2) representatives at all meetings;ii. SEC will prepare the meeting minntes;111. A maximum ofsix (6) hours per meeting have been allotted, including meetiJlg preparation,

travel time, and the preparation of the meetiJlg minutes.

c) Coordinationi. SEC's coordination effort will include:

• Project related discussions with IDOT, Village, and the utility companies.

14) Administration & Management

For the duration of this project, this task will iJlvolve the management oversight of tile project whichwill include the on-going review of the project execution, work product, document control scope,schedule and budget, contract file management and preparation of monthly progress reports.

15) OAlOCa) Project Work Plan

Building upon the SEC QAlQC Manual, a project specific Project Work Plan (PWP) will bedeveloped for the project. Project team members will be informed on the project and QAlQCrequirements for this project. The PWP will be updated, as needed, throughout the projectduration.

h) QA AuditsSEC will perform QA audits of the project documents to ensure the project staff is followiug theprocedures set forth in the PWP.


Streetscape ImprovementsJanuary 17, 2011

Page 4 of5

c) Peer ReviewsPrior to all milestone submittal to the client) peer reviews will be performed in accordance withthe PWP.

16) Submittals

a) During the development ofthe contract plans and specifications, interim submittals will be madeto the Village and IDOT. Three submittals will occur: preliminary (50% - to Village), pre-fillal(90% - to IDOT and Village), and final (100% - to IDOT, and Village). Comments received willbe addressed and a disposition of comments will be prepared by SEC.

b) Preliminary (50%)i. The preliminary submittal (50%) will include the following:

• Contract Plans(a) Cover Sheet (1 sheet);(b) Index/General Notcs (1 sheet);(c) Smllinary of Quantities (1 sheet);(d) Typical Sections (1 sheet);(e) Suggested Staging ofConstmction (2 sheets);(f) Existing Conditions and Proposed Plan (no profile) (20 scalc) (I sheet);(g) Cross-Sections every 25 feet; including driveways (20 cross sections)(h) Miscellaneous Details (4 sheets)(i) IDOT Standards (2 sheets)

• Preliminary Opinion of Probable Construction Cost.Ii. The following will be submitted to the Village for review and eonnnent:

• Two (2) 11" x 17" paper copies of the contract plans;• Two (2) copies of the preliminary opinion of probable construction cost;

c) Pre-final submittal (90%)i. The pre-final submittal (90%) will include the following:

• Contract Plans(a) Cover Sheet (I sheet);(b) Index/General Notes (1 sheet);(c) Sununary of Quantities (1 sheet);(d) Typical Sections (1 sheet);(e) Suggested Staging of Construction (2 sheets);(f) Existing Conditions and Proposed Plan (no profile) (20 scale) (1 sheet);(g) Cross-Sections every 25 feet; including driveways (20 cross sections)(h) Miscellaneous Details (4 sheets)(i) IDOT Standards (2 sheets);

• Special Provisions• Estimate of Time; and• Opinion of Probable Construction Cost.

ii. The following will be submitted to the Village for review and comment:• Two (2) II" x 17" paper copies of the contract plans;• Two (2) copies of the special provisions;• Two (2) copies ofthe opinion of probable construction cost;


Strectscape ImprovementsJanuary 17, 2011

Page 5 of 5

• Two (2) copies of the estimate of time.111. The following will be snbmittcd to Utilities for review and comment:

• Five (5) 22" x 34" paper copies of the contract plans;iv. The following wi!! be submitted to !DOT for review and comment:

• Nine (9) II" x 17" paper copies of the contract plans;• Nine (9) copies of the special provisions;• Two (2) copies of the opinion of probable construction cost;• Two (2) copies ofthe estimate of time.

v. SUbmittals to tlle !DOT and Village will occur concurrently.

d) Final submittal (100%)i. The plans wi!! be revised per comments on the pre-final plans (90%) received from the

Village and mOT.• Contract Plans

(a) Cover Sheet (I sheet);(b) Indcx/General Notes (I sheet);(c) Swmnary of Quantities (I sheet);(d) Typical Sections (I sheet);(e) Suggested Staging ofConstmction (2 sheets);(I) Existing Conditions and Proposed Plan (no profile) (20 scale) (I sheet);(g) Cross-Sections every 25 feet; including driveways (20 cross sections)(h) Miscellaneous Details (4 sheets)(i) mOT Standards (2 sheets)

• Special Provisions

•• Estimate ofTime; and• Opinion of Probable Constmction Cost.

ii. The following will be submitted to the Vi!!age:• Two (2) II" x 17" paper copies ofthe contract plans;• Two (2) copies of the special provisions;• Two (2) copies of the opinion of probable constmction cost;• Two (2) copies of the estimate of time.

iii. The following wi!! be submitted to Utilities for review and comment:• Five (5) 22" x 34" paper copies of the contract plans;

iv. The submittal to !DOT will include:• One (I) 22" x 24" mylar copy ofthe conlract plans;• Four (4) II" x 17" copies of the contract plans;• Six (6) copies of the special provisions;• Four (4) copies of the opinion ofprobable constmction cost;• Four (4) copies of the estimate oftime.

v. Snbmittals to the !DOT and Village will occur concurrently.vi. The project will be placed on a State letting.

O:\080511.01IAdmillisllalioo\conlraCI\Pba.<;e IllTEP Scope PIlJ1I1 ofScclion 5.doc

lloomis-smith

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OMNIBUS VOTE AGENDA ITEMFor Board :0.Jeeting of: FebrualJ 14, 2011

Exhibit .A

TO: ~layor Kessler and Board of Trustees

FROi\f: Row Kho, .l-\ccountant on behalf of

DXfE: January 21, 2011

RE: Purchase Order Approval

EXPL\NATION:

Public \X!orks

The Village's purchase order policy requires the Village Board's approval prior to issuing a purchase order or acquiring products or

services over $10,000. Attached is a Departmental Purchase Request exceeding the $10,000 limitation. Board approval isrespectfully requested.

~IOTION REQUESTED:

i\Jotion to approve Purchase Order & Payment in the amount of

$ 18,004.00

FRO:0.J: Berger Excavating Contractor, Inc.

FOR: IR.i\L\ Clai11l-1301.Allansol1 Road-\\latcr j\hin BreakComEd hit a Village oL\lundclein 16" \\later Main

BUDGETED ITEM: YES 0

YES ~

NO ~

NO 0

Signature

Row I<hoDi.s>1rally ~igncd by Row KhoDN: cn=Row Kho, o=Vilbgc of.1\lunddein,ou=lo'inancc,[email protected],c=USDate: 2011.01.21 15:37:19 "(J(j'OO'

Village .Administrator Recommendation.Approve the i\fotion

fj5r Digitally signed by John

A- . Lobaito . .Date: 2011.02.01 10:15:10-06'00'

lloomis-smith

agenda button

Encumbrance j'urchuscOrder Number

Village of Mundelein

Encumbrance Purchase RequestDate: 01/1812Ql.!-

Purchase From: Vendor No: DeHver To:_...,

,Berger ExcavaHng Contractor, Inc.

. 1205 Garland Road

8220 Village of Mundelein

Waler Division.._.-.~

428 N Chicago Ave

iWauconda, IL 60084 , Mnudeleln, IL 60060

APPROVEDB¥

DeplIrhnent AutboizlIlion

4620 6504

DISTRIBUTION

ORe ACCT

so.ooSO.00

SO.OO

SO.OO

SO.OO

01/18/2011

SO.OO

$18.004.00

$0.00

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$18,004.00

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$0.000

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$0.000

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$0.000 SO.OO... --- -_._ ...

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SO.OOO $0.00

SO.OOO

$0.000

UNlTPRICE

S18.004.000

.. !.

_____ .L .. _._

OESeRJPTlON

1301 ""anson Road· Watcr M.in Break

. C!Jn\ed Ed Hit a Vmage ofMundclciQ ]611

iWaler MainI

. DO NOT SEND

UN~T :'.. j

EA . IRMA Claim

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Autborizatlons Required

For Finance Use - Budget Verlficatlon

DolO

Hold ItemAcet. Ovvr BudgQIAe<t Under Budgetudgol

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Item III 6ul1gelChecf<

Applicable

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OMNIBUS VOTE AGENDA ITEMFor Board :0.Ieeting of: Febrwny 14, 2011

Exhibit B

TO:

FROill:

DATE:

RE:

:0.hyor Kessler and Board of Trustees

Kenneth I\. I\Iiller, Director of Public \Vorks

Jannar)' 25, 2011

Sanitary Sewer Service Replacement

EXPL\NATION:

Please refer to the attached memo for details.

"lOTION REQUESTED:

To approve the replacement of the sanitary sewer service for the property located at 1355 S. Lake Street in an amount not to

exceed $8,500.00

BUDGETED ITE~I1: YES 0

YES 129

NO 0

NO 0


Approve the i-.lotion

f- /J5rDigitally signed by John

,it. Lobaito . . .Date: 2011.02.01 10:18:07-06'00'

lloomis-smith

agenda button

MUNDELEINRoat.,J:'" 0",' 1~<Jf...

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VILLAGE OF MUNDELEINPublic Works Administration

Memorandum

To:From:

Date:

Rc:

John i\. Lobaito, Village :\dmini:-;tratorKennl'th A J\lillcr, Director of Public \\'orksFdday. .JrU1uarr 21, 20llj :"55 South Lake Street "- Sanitary Sewer Service

I:nllowjng the repair of;1I1 eXICnSJYC water main break beneath the p:l\'c/l1cnt of Ruute -IS at this address, theproperty reported h,wil1g i,::slICS in timcs with the sanitary :;C\\'('[ serving the property.

The property is served by ;111 ejector pllmp Sp;U.'Jll aDd a 2- inch force main. The force main - ~l'wcr ,,('[\'lCC

extends beneath and across all of the pa\Tmenr to the other side of Route 45. (East to \\·cst).

The Public \\'orl~s Department has investigated the marter, and has con finned that there IS at least oneob5tJlIciion of s<llld/gravd ill the 2· inch $('[\,icc. Atlt'mpt::. to dislodge or rcmove the debris has becnU 11 success fu L

It is not known, nor call it be determincd, whethcr or not the debris collected in the service as a result of thew,lter main btl",lk.

Further ii is no! known whether thel'(' ilr(' morc than the une locatiun thal is obstTucted in the slT\'ice, or thecxtent of the known obstruction.

~-\ll IR1\L-\ claim WilS filed in order to determinc whether there is coverage for the needed force rnaill -,. sewersCl'yice replacelllellt. IRi\L\ has indicated that thel'e is not Ctwcrage, and it is the Village's dlllf 10 rlv!:lce orrepair sc.t.'Yiccs that Inn' or may have been damaged.

It is the recommendatioll of the departmcnt to have a ne\\' 2-inch force main -- sewer sen'rCl' installed for theproperty at the Village's opensc.

Tilt: dcpmtmcnt !ta:; obtained two proposals for the Ill'\V sel:yicc inst;1.llatioll. The lowest prnpns;tI is at ;\ COS I

of beLween ~:q_,3(10.00 amI S8.300.00. The higher estimate 1S the cost to remove and restore j1<1w'mcnt Ilcarthe service connection point to the Vilbge main, only should it become necessary.

The :'ccond proposal was at: a cost: of S l 'I ,sou.no

--------------------------

440 East Crystal Street· !Ylundelein) Illinois 60060

Phone (847) 949-3270 • Fa' (847) 949·9208

p;\gc .2US5 South I,;\kc StrCl:l - S;111iLlI'~' ,)CWC'!' SCI\'icclall\LlfV 21. '}(JIO

'This itcm is being brought- fOl:\vard (or consideration only clue to the rarity of such incidents ltwoh'ing asanitary SCW(;T selyicc of this nature and location, 1\1'O$t gencndly, sewer sen-ices damnged bY;l \'ilbgc activityHrc repaired with lit tic further disruption and costs.

Th<lnk you,

Cc: Michael A. Flynn. Assistant Vil1agc Administrator.Ioe 1)(' Vito, Deputy Director of Public \'('orksRob I-J:1lcr, Superintendent \\'ater DivisionPaul Cacioppo, Superintcndent \\!astewatcr DivisionRob Crccnficld, Assis!ant Superintendcnt: \\/nstcwatcr Division

lloomis-smith

agenda button

MUNDELEINRNUJin Our P"" ..

f&-"d,ingfcrOlic Nwarm"O,.PO,.Ano 1lX>!l

,."c"""r.,ov<' HO".c",

""""",,,.' M'" "\i~.'"''

OMNIBUS VOTE AGENDA ITEMror Board ;\Ieeting of: February 14, 2011

Exhibit C

TO; i\Iayor Kessler and Board of Trustees

FROl\f: Row Kho, ~\ccountanton behalf of I\dministration

DATE:

RE:

January 31, 2011

Purchase Order Approval

EXPLf\NATION:

The Village's purchase order policy requires the 'Tillage Boardls approval prior to issuing a purchase oreler or acquiring products or

services over $10,000..Attached is a Departmental Purchase Request exceeding the $10,000 limitation. Board approval is

respectfully requested.

MOTION REQUESTED:

i\lotiOll to approve Department Purchase Order & Payment in the amount of

$ 19,703.55

PROj\l: St of IL Dept. of Employment Security

FOR: Unemployment Charges ending 12/31/10

BUDGETED ITEc.!:

ATfACHMENTS:

YES [g]

YES [g]

NO 0

NO 0

Row

Signature

Digitally ~igncJ by Row Kho

T71_ DN; cll~Row KI;o, o=Villagc of

l.~10 MUI:dclclll,ou=hnanc.e, ,cmru][email protected],c=USDate; 2011.01.3110:30:40 -()(j'OO'


Approve the Motion

t- fj7r Digitally signed by John

A- . Lobairo . .Date, 2011.02.01 m19:11-06'00'

lloomis-smith

agenda button

Village of MundeleinDepartmental Purchase Request

Encumbrance Purchase

Order Number~__

DATE: 01128/11

Deliver To'Purchase From'.State of Illinois Dept. of Employment Security Vendor No: Village of Mundelein

260 East lOdian Trail Rd.

Aurora, lL 60505

Mundelein,lL 60060

DISTRIBUTION

Board

AuthorJZlltlOIlS Re ulredSig".lure Required YIN Signature

Finance Director

Adminis[l'a.tor

ITEM UNIT '1'1 '1\.. '1'tNO. Q'fY UNIT DESCRIPTION PRICE TOT"L oaG "Cel.

I 1 En J. Gallgan "l'I'\~ '\'( $A.m. ~79. 3102 6004

1 1 En S. C.stllio $2695. $2695. 2202 6004

3 1 Ea K. Monsen $4242. $4242. 3105 6004

4 1 Ea E. Talkington $3080. $3080. 2203 6004

5 I Ea lA. Streicher $1155. S1155. 4402 6004

6 1 Eo J.Glbb :;''1 ;;.I,')" ~717. $;m-]. 4402 6004

7 YlNN)

81)(\ e MoI"\l mu I'I-!- -eo. A.. • \A1,.,,l, ()

9

10

-

~jandI'll $" .Jf~ IC'1,"lo ?>.5s

// I JP-'For DeparfmellJ Use I

IREQUESTED BV: Lyo"'" r/!?/a,/'i1I~;"PP!tOYGD~ MI!~ )/~ IO"TE: II . 'IV/ "" l--n..v OlmillV

I)~JI

For finance USE'

Budeet Veriftcatlon L.-:?ICheck I Item III V- IItem Not V IAcct. UlldeV A<:ct. Over

Applicable !ludget Budeet Bud.et !lud"e!. . .

MUNDELEINR"oua'" (fl'T/1m...

1I'4("""l/*' O~T /illow, ..COAI'O .....y[D 11;09

'«'"'"'H'~>'''·'''''''O'''~"".".',,,•• A... ' ..."",,,,,

OMNIBUS VOTE AGENDA ITEMFor Board I\1eeting of: Febntary 14,2011

]':xhibit D

TO:

FROM:

DI\TE:

RE:

I\1ayor Kessler and Board of Trustees

Michael Flynn

February 8, 2011

An Ordinance Amending Ordinance Na. 04~12-69, an Ordinance Regulating the Sale of _-\lcohalic Liquor in the Villageof I\1undclein, Illinois ta Increase the Number of Class B Liquor Licenses from Thirteen (13) to Fourteen (14)

Sunrise Produce, 325 North Seymour ~-\.ve., submitted a letter of interest far a Class B liquor license. The Police Department hascompleted the appropriate background checks. ~-\.t this time a license is ready to be issued to Sunrise Produce.,

This ordinance increases the number af Class A-1liquor licenses from 13 to 14.

~[OTION REQUESTED:

]\10tion to adopt .An Ordinance Amending Ordinance No. 04-12-69, an Ordinance Regulating the Sale of Alcoholic Liquor in theVillage of 1\1undelcin, Illinois to Increase the Number of Class B Liquor Licenses from 'l'hirteen (13) to Fourteen (14)

BUDGETED [TE~I:

K[TACH~!EN'rs:

YES 0

YES [gJ

NO 0

NO 0

N/A [gJ

Signature

Dil-,>1tally signed by mike flynn

I1MMJ DN: cn=mike flynll. ~~ 'o=a~minis([ati(Jll, o:l:::::ad.ministra(ion~

(J" v' ~, cm;[email protected],c=US

Datc: 2011.02.08 13:05:59 -06'00'

Village .A.dministrator RecommendationApprove the ]\10tion

t- fj:5r Digitally signed by John

A. Lobaito ,Date: 2011.02.08 14: 19:29-06'00'

lloomis-smith

agenda button

ORDINANCE NO. _


IN THE VILLAGE OF MUNDELEIN, ILLINOIS TO INCREASE THE NUMBEROF CLASS B LIQUOR LICENSES FROM THIRTEEN (13) TO FOURTEEN (14)


interest of the Village to increase the number of Class B liquor licenses from thirteen (13) to

fourteen (14) due to the approval ofa Class B liquor license for Armando's Sunrise Produce.



SECTION 1. Section 14 (C), License - Classification; Fees; Numbers; Hours; is hereby

amended to increase the number of Class B licenses from thirteen (13) to fourteen (14), and shall

henceforth read as follows:

C. CLASS B LICENSE, which shall authorize the retail sale on the licensed premisesdescribed of alcoholic liquor in their original packages, but not for consumption onthe premises where sold. The annual fee for each such license shall be OneThousand Five Hundred Dollars ($1,500.00). There shall be no more than a total offourteen (14) Class B licenses outstanding and in force at anyone time. Sale ofalcoholic liquor shall be prohibited from 12:00 midnight through 6:00 a.m.

SECTION II. Except as amended above, Ordinance No. 04-12-69, as amended, IS

hereby ratified, confirmed and approved.

SECTION Ill. Severability. If any section, clause, paragraph, or prOVlSlOn of this


affect, impair, invalidate, or nullify the remainder of this Ordinance, but only that part found


SECTION IV. Effective Date. This Ordinance shall be in full force and effect from

and after its passage, approval, and publication in pamphlet form as required by law.



PresidentPASSED: _

APPROVED: __

PUBLISHED in pamphlet form: _

ATTEST:__----=-=:::-_:::-:--:-- _Village Clerk

2

lloomis-smith

agenda button

MUNDELEINR"om/in ONr ['<iiI...

RI,,(hi"l.!Q' O~, F"'~r(

1""oRr".....Tto 1909

,.,,·,w'''''''e.>,·<. "..,,'"'~.~"",." ... " •• A'... , .... ,."" ..

OMNIBUS VOTE AGENDA ITEMFor Board ~deeting of: February 14,2011

Exhibit E

TO:

FROM:

DATE:

RE:

j\layor Kessler and Board ofTrustces

Joseph V. De Vito, Acting Director of Public \'\!orks

Februat)' 8, 2011

Purchase Order Approval

EXPJ,,\NXfJON:

The Village's purchase order policy requires the Village Board's approval prior to issuing a purchase order or acquiring products orservices over $10,000. Attached is a Departmental Purchase Request exceeding the $10,000 limitation. Board approval is

respectfully requested.

110TION REQUESTED:To approve the purchase order request to Morton International Inc. in the amount of $74,979.00, in order to purchase ice/snow

control material.

BUDGETED ITEM: YES ~

YES ~

NO 0

NO 0

N/A 0


Approve the l\Iotion

f- fj::;r Digitally signed by John

A. LobaitoDate: 2011.02.09 12:32:06-06'00'

lloomis-smith

agenda button

Village of MundeleinPublic Works Division Purchase Request

Purchnsc From: Vendor No: Deliver To:

Morton International Inc. 4534 Village of Mnndelein - Public Works

Morton Salt Division Strcet Maintenance Division

123 N. Wacker Drive 440 E. Crystal Street

Mundelein, IL 60060

DISTRIBllTION

ton Road Salt for Snow & Icc Control -l__-=S:.:S:.:S.::.S_4:.:0+__S_:7_4_.9_7_9_.0_0-ll-4_4_4_0-j-7_S_4_1-1

MFT Funds For 201 0-2011 Season SO.OOO SO.OO

ORe AceTTOTAL

SO.OOO SO.OO

SO.OOO SO.OO

SO.OOO SO.OO

lINITDESCHIIYI'ION

or P\V Admin.l1s needed

Season Joint Purchasing II 13800 $0.000 SO.()Ot--- --1/--+---1

____t-_._~)_.O_O_O SO.OO

To be ordered by Craig Sehaul,Joe DeVito SO.OOO SO.OO-------------.--I------=---=--+--.---ll-----l---1

SO.OOO SO,OO·----+-----tt------j!---I

SO.OOO SO,OO

Send

oo

oo

o

oo

oo()

QTY UNIT

13S0

o

Grand Total $74,979.00

-- .. ]' .-- -- ---.--- .-..---..-- -- -.. -- -..-- ..-.. 'r' --- .APPROVf'f) By DI\ 1:.lOll II;?,> ' DA r [. ]

._ ...... L~xI~.. .. ()!/2S/2011

For Public Works Use

AuthorizationsR~d

L''''''""''7!JiY:i"""",__==___"",,,,,,,=,,,,,,,-,,, '" """"~,,,.--=- ..='=4"~""

="""~ "''''

._.•_.~ .._. L , ,;r;:__~___..__._.___ _........___._.. __....~.Dro / DP(I IssueType Dat6 Issued l'lU!lllJt:f Issue

DPO

DPR

17903

Encumurancc PUIThascOrder Number


Encumbrance Purchase RequestDate: 01/2()/2011

Pun'hasc From: Vendor No: Deli"er To:

iVlortoll Intcrnational Inc. 4534 Village of Mundelein

i\tortoll Salt Division Strcet l\laintcllancc Division

123 N. Wacker Drive 440 E. Crystal Street

Chicago, IL 60606 Mnudelein, IL 60060

1350 tall Road Sail for Sno\\' & Ice Control

DISTHIBCTIO\'

nHe AceTQTV U:,,\'IT

o

o

o

ooo

o

o

o

o

o

))ESCHII'TIO~

iv1FT Funds For 2010-2011 Senson

Season Joint Purchasing If- L3800

To be ordered by Craig Schaul,Joe DeVito

or PW Admin.as needed

Send

UNIT 'I'UL\l.l'mCR

555.540 574.979.00

50.000 50.00

50.000 5000

50.000 50.00

50.000 50.00

50.000 50.00

50.000 50.00

50.000 50.00

50.000 50.00

50.000 50.00

50.000 5000

so 000 50.00

4440 7541

GRAND TOTAL $74,979.00

LA_I_'I'_R(_)\_"_'J)_ll_Y__.p.:.."-cWf-'-:..;".,oL.L =J),.::\I~E:...' _-,O::.:J~I2.()/2",0c.:Jc.:I _/; J<_

For Finance lJs~t Budget Verifieation. -,-----_.._.- ---_.__........_... _- -,,------

Check Item In Budget Item NOlilljl Budget Acel. Under BudgeI AccL Over Budgel Hold Item

Applicable

Authorizations Required

Signatures Required YIN Signature Dale

Finance Oireclo-_..--

Administrator

Board------._-----" ~"'--_.-

17903

lloomis-smith

agenda button

MUNDELEINNQ9/,d i" 011, /'<1:"•••

R"",/,;"t.J~' o~( F"!'iffmc<},woAAT<D lOOP

"'<C""" ".".,.•.. "'Mo~,"'".''''''''' ~",. "·""m,,

OMNIBUS VOTE AGENDA ITEMFor Board J\Ieeting of: February 14,2011

Exhibit r

TO:

FROH

DATE:

RE:


Raymond]. Rose, Chief of Police

February 9, 2011

Purchase of Portable Radios

EXPL,\N,~TION:

The new federal requirements mandate that public safety communications be updated to assure interoperational compatibility so

that departments can communicate in a multi-jurisdictional emergency. ..t\ttached is a summary of the Police Department's reviewof the options regarding the radio upgrade. This is a budgeted item and the purchase is under the budgeted amount.

~IOTIONREQUESTED:j\lotion to adopt A Resolution \\laiving the formal Bidding Procedures for the Purchase of Digital Capable Portable Radios and

~"\ccessoryEquipment by the j\[undelein Police Department and ~-\.uthorizing the Police Chief to Execute the Proposal with

I\Iotorola, Inc. of Schaumburg, IL in the amount of $15,842.94.

BUDGETED ITEH YES [gJ

YES [gJ

NO 0

NO 0

N/A 0

Signature

~n DIgHally signed by Raymond

~~\~~~:: 20110210081257"' \--=rs 06'00'

Village Administrator RecommendationApprove the ;\Iotion

f- f,;Pr Digitally signed by John

A-. LobaitoDate 20 I102.10 09: 12:06-06'00'

lloomis-smith

agenda button

RESOLUTION NO. _

A RESOLUTION WAIVING THE FORMAL BIDDING PROCEDURES FOR THEPURCHASE OF DIGITAL CAPABLE PORTABLE RADIOS AND ACCESSORY

EQUIPMENT BY THE MUNDELEIN POLICE DEPARTMENT AND AUTHORIZINGTHE POLICE CHIEF TO EXECUTE THE PROPOSAL FROM COMMUNICATIONS

DIRECT IN THE AMOUNT OF $15,842.94

WHEREAS, Illinois Compiled Statutes 65 ILCS 5/8-9-1 provides that a contract in which

the expense to be incurred by a municipality exceeds $20,000.00 shall be competitively bid,

except that such contract may be entered into by the proper municipal officers without

advertising for bids if authorized by a vote of two-thirds (2/3) of all the Trustees then holding

office; and

WHEREAS, Section 3.04.020 of the Mundelein Municipal Code provides that a contract

for which the cost to the Village exceeds $10,000.00 shall be based on competitive bids, except

that, by a two-thirds vote of the Trustees then holding office, the Village Board may waive the

required competitive bidding prior to entry into the contract; and

WHEREAS, the Village of Mundelein Police Department has determined that there is the

need to acquire new portable radios for the Mundelein Police Department to meet new federal

requirements regarding public safety radio communications for first responders, known as

Project 25 radio operability enhancements; and

WHEREAS, the Village has received a proposal from Communications Direct, an

authorized Motorola Manufacturers Representative, for the purchase of 15 Motorola Astro

Digital XTS 1500 radios with accessory equipment in the amount of $15,842.94 attached hereto

to Exhibit A; and

WHEREAS, Motorola Inc. has confirmed that Communications Direct is an authorized

Manufacturers Representative for Motorola and that the Motorola XTS 1500 radio is compliant

with Project 25 radio interoperability requirements for public safety communications; and

WHEREAS, the quote for the Motorola XTS 1500 radios given by Communications

Direct is less than the state bid pricing for the same radio and saves the Village the costs of a

9600 baud piece of equipment that is not needed at this time.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the

Village of Mundelein, County of Lake, State of Illinois, as follows;

SECTION I. The formal bidding requirements of Section 3.04.020 of the Mundelein

Municipal Code, is hereby waived.

SECTION II. The Police Chief is hereby authorized to execute the proposal from

Motorola Inc. attached hereto as Exhibit A, and issue a purchase order in the amount of

$15,842.94 to Communications Direct for the radios and accessory equipment included in the

proposal.


PresidentPASSED:

APPROVED: _

ATTEST: cc=c-----=-:--:- _

Village Clerk

2

MOTOROLAQuote Number:

Effective:Effective To:

EXHIBIT AQUOOOOl30581

09 DEC 2010

30 MAR 2011

Bill-To:MUNDELEIN POLICE DEPT

221 N LAKE ST

MUNDELEIN, IL 60060

United States

Shin-To:MUNDELEIN POLiCE DEPT

221 N LAKE ST

MUNDELEIN, IL 60060

United States

Ultimate [)estination:MUNDELEIN POLICE DEPT

221 N LAKE ST

MUNDELEIN, II. 60060

United States

Attention:

Name: Gary DuHamel

Phone: 847-968-4600

Sales Contact:

Name: Bill Chmclik

Email: [email protected]

Phone: 630-406-5402

Freight terms:Payment terms:

Prepay and Add to Invoice

Net 30 Due

Item Quantity Nomenclature I>cscriplioll

15 H66SDC9l'W5IJN ASnw DIGITAL XTSISUU UHF MODEL1450-520 MHZ ]·5\V 4S CHANNELlJASE

la 15 HI27;\1{ ALT: ANTENNA UHF HELICAL 470-520(NAE654!i)

Ib 15 Q~lIBJ ENH; SOFTWARE 1'25CONVENTIONAL

IS PMMN4U5lB REMOTE SPEAKER MIC, I{X-JACK

II Wl'LN4111AR 110V SUC SMART CHARGER

WI'LN410~BR l.\1l'RES MULTI UNIT CHARGER- llOV

Total Quote in usn

-----

List price Your price Extended P!'ice------

$650,00 $520.00 $7,1)00.00

$344.00 $275,20 $4,ln.OO

$!\9.00 $63.19 S94H5

$165.00 SI17.15 $1,2l;l!.65

$7SS.00 S559.4l{ $1,671).44

$15,842.94

PO Issued to Motorola must:>Bc a valid Purchase Order (PO)/Contract/Noticc to Proceed on Company Letterhead. Note: Purchase Requisitions cannot be accepted>Have a PO Number/Contract Number & Date>Idcntify "Motorola" as the Vendor>Have Payment Terms or Contract Number>8e issued in the Legal Entity's Name>lnclude a Bill-To Address with a Contact Name and Phone Nl.llllber>Include a Ship-To Address with a Contact Name and Phonc Number>lnclude an Ultimate Address (only ifdifferent than the Ship-To)>Be Greater than or Equal to the Value of the Order>Be in a Non-Editable Format>Identify Tax Exemption Status (where applicable)>Include a Signature (as Required)

Phone: 847-968-3770

Fax: 847-968-3757


Encumbrance Purchase Order

Purchase From

EncumbrancePurchase Order #

Date 0111812011

: Motorola Vendor # Village of Mundelein Police Department

13108 Collections eTR Dr Attn:

Chicago. IL 60693 221 North Lake Street

6197 Mundelein, IL 60060

Distribution BudgetItem QTY Unit DeserioUon unit Price Total Oro Acct Line

1. 15 ea Motorola Astro Digital xrs 1500 UHF Radio 520.00 7.800.00 3105 8420 4

2. 15 eo ALT: Antenna UHF Helical 470-520 Mhz 0.00 0.00 3105 8420 4

3. 15 ea Enhanced Software P25 Conventional 275.20 4.128.00 3105 8420 4

4. 15 ea Remote Speaker Mic, RX·Jack 63.19 947.85 3105 8420 4

5. 11 eO 11 OV Desk Smart Charger 117.15 1.288.65 3105 8420 4

6. 3 ea IMPRES Multi Unit Charger·110V 559.48 1.878.44 3105 8420 4

7. 0.00

8. 0.00

9. 0.00

10. 0.00

11. 0.00

12. 0.00

13. 0.00

14. 0.00

Grand Total 1l15.842.94 Remaining Fund.:~'IS1.Obj /

-; I ""7IAooroved Bv / ilJ'ZI (r; .J::./ IJ?ho,/Reouested Bv: GlIIi6 #259 =. Date

J I I

For Finance Use BudgetV.rltrcatlon ICheck litem Item N0~tl IACC!. Under) Acc1. Over IADDllcable In Budget In Budget BUdget Budget

Authorization ReQuiredSignatures Reaulred YIN Signature Date

Finance Director

lAdministrator

Board

Terms and Conditions

Purchaler is ~rempt from Federal Ercise and Slate SaJes Taxe~ (E9995-7582-06)

Vendor must be in compliance wit1l all provisions of the rHinois Prevailing Wage Acl

Prompdy admowled8e this order and advise by fax or mail when shipmen will be made

All purchases a.re subjeci to lerms and conditions oft1lis Purchase Order.

Deliveries are 10 be made both in quantities aM al times specified lit schedules fumlshe:l by Bu~rSeller expressly warranlS thal all the material and work covered by l!'.is order wiU conform to the specifications, ~ll!l1ples or other descriptions furnished or specified by Bu}'Cr. and will bemerchanlable Or 8000 matenal and workmanship and free from defecl Seiler erpressly WllITancs that all the malerial covered by this order which is Ihe product of the Seller or is in accordancewith Seller's specificatlons, will be (11 ar.d sufficient for the purposes intended.


Authorized By

2011 Radio pUfchase Motorola 1-18-2011.xls

Village of MundeleinDepartment of Police

Date: December 9, 2010

To: Chief Rose

From: =;:z.L -~c..,-_

Gafy W. DuHamel #259Sergeant-Administration

Subj: Portable radio purchase

Chief, this memorandwn is in regards to a proposal to purchase new portable radios. Wecurrently have 15 Motorola HT 1000 radios in active use (11- Conunand Staff, I-CSOand 3-Patrol) and will need to outsource them from our fleet due to the upcoming 1-12013 Narrow banding compliance regulations and the fact that Motorola no longerproduces replacement parts for these radios. I have obtained a quote from our previoussupplier, Communications Direct, Inc., (A sole source Motorola provider), 735 HunterDrive, Unit F, Batavia, IL 60510, (630) 406-5400. Bill Clunelik is our contact atCommunications Direct, Inc. and has guaranteed this quote (See attached docwnents)through February 6, 2011. The quote is for the Motorola Astro Digital XTS 1500 UHFmodel radio, quoted at $520.00 per radio (Retail price is $650.00- A $130.00 savings perunit). The required P25 Conventional Programming, (This programming allows the radioto be narrowband compliant to the 12.5 KHZ standard), costs $275.20 per radio (Retailprice is $344.00 per radio- A savings of$69.00 per unit. On a side note, thisprogramming has fallen drastically in price from our March 20I0 radio unit purchase,where the P25 programming cost $544.00 per radio). The required public safetymicrophones for these radios are quoted at $63.19 each (Retail price is $89.00 each- Asavings of $26.00 per unit). Eleven of these fifteen radios will also need a single deskcharger, as they are to replace the conunand staff radios which each member ofconunandstaffhas a desk. The new Impres single chargers were quoted at $117.15 per unit (Retailprice is $165.00- A savings ofnearly $48.00 each unit).

The police department also has three (3) older style multi-unit radio chargers in use.These chargers each hold six (6) radios but are not designed to be compatible with theImpres smart charging batteries that the radios come equipped with. These older stylechargers will need to be replaced to ensure the maximwn battery life and performance ofthe new radios. Bill Chmelik has also provided a quote for these chargers at $559.48 each(Retail price of$788.00 per unit- A savings ofnearly $230.00 per unit).

I will sumroarize the above quote infonnation as follows:

• 15- Motorola XTS 1500 Astro Digital radios at a cost of $520.00 each is$7,800.00.

• 15- P25 Conventional Programming (Narrow Banding) at a cost of$275.20 eachis $4.128.00.

• 15- Public Safety microphones at a cost of $63 .19 each is $947.85.• 11- Impres single desk chargers at a cost of$117.15 each is $1.288.65.• 3- Impres multi-unit chargers at a cost of$559.48 each is $1.678.44.

The total expenditure would be $15,842.94.

I have spoken further with Bill Chmelik about the programming required in this purchaseand he stated that the subsequent programming for the IS radios is included in the totalprice quoted above.

I have not sought quotes on the Motorola XTS 2500 or the Motorola PR 1500. The XTS2500 radio is significantly more expensive than the XTS 1500 as is the PR 1500. Wehave had the 21 XTS 1500 units in service since April of 20I0 with no issues reported.The radio has proven reliable thus far, and is more cost effective than the more expensiveXTS 2500 and PR 1500. The PR 1500 radio has the additional drawback of being ananalog radio only, with no digital capability. lfthe radio network should convert to adigital signal in the future, a significant radio purchase would need to be made to replacethese radios. This would not be cost effective in any budget situation. I have provided thefollowing sumroary of the Motorola XTS 1500 below:

Motorola XTS 1500-Model I (No display). This model is a UHF radio in the 450·520MHZ range, with the following:

• 48 channels• 1-Year manufacturer warranty• Narrow Banded• Programmable Officer Identifier• Radio is digital capable (9600 BAUD programming at an additional expense-Not

Quoted) should the radio network convert from its current analog to digital in thefuture.

Motorola is not currently offering any promotional coupons on the XTS 1500 at this time.

Based on all of the above information, I recommend that the Mundelein PoliceDepartment go forward with the purchase of fifteen (15) Motorola Astro Digital XTS1500 radios, with the P25 Conventional Enhanced programming (Narrow Banding),fifteen (15) public safety microphones, eleven (11) Irnpres single desk chargers and thethree (3) multi unit Impres chargers from Communications Direct, a sole-sourceMotorola provider, for the total price of $I5,842.94.

Please contact me ifyou need additional information and refer to the items attached tothis memorandum.

www.mundelein.org/agendas_minutes/2011/boardagendasfull/2011FEB14/2011FEB14_Agenda.pdf

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MUNDELEIN.J<,wudi"OMJIl;/...

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OMNIBUS VOTE AGENDA ITEMFor Board i\Iceting of: February 14,2011

Exhibit G

TO:

FROM:

[),\TE:

RE:

:Mayor Kessler and Board of Trustees

Row Kho, .Accountant

February 9, 2011

Bills for ~--\pproval

EXPL£INATION:

The Village's Bill.Approval Polic), requires bill approval at each board meeting. Board approval is respectfully rcquestcd. The fullGovcrning Body rcport has been posted on the Village's internct site. This is nct of any invoices Trustces havc rcquestcd bepulled for separate vote.

M:OTION REQUESTED:

i\Jotion to approve the payment of bills, as indicated in the Govcrning Body Report for the period bct\vecn:

BEGINNING DArE: January 25, 2011

ENDING DATE: February 14, 2011

IN THE M,jOUNT OF $721,505.93

BUDGETED ITEM::

ATTACHM:ENTS:

YES 0

YES 0

NO 0

NO 0

Row

Signature

Digitally ~igncd by Row Kho

T71.- DN: cn==:How Kho, o==:ViUagc of

1"--110 l\[lll~ddein, ou=Jiinanc.c Dcpartmc:lt,[email protected],c=USDate: 2011.02.09 09:S7:19 -O(j'OO'


~\pprove the i\Iotion

t-/f .k:::tI- Digitally signed by John

A- .fr/f-// . Lobaito. .Date: 2011.02.09 12:33:04-06'00'

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STAFF REPORT

Exhibit 12


From: John A Lobaito, Village Adrrunistrator

For: Village Board Meeting of February 14, 2011

Subject: Liquor License Ordinance Atnendment

Smnmary:

Attached is a draft amendment to the Village liquor license ordinance that addresses a number of questions and

conflicts in the current liquor license ordinance. The ordinance is still in draft form, but it has been reviewed anddiscussed with Attorney LaLuzerne, the Police Department, and the adtninistrative staff. Before bringing this to the

Board for consideration I thought it best to give the Board a preview of what is being considered for your review andcomment. The attached draft is a redline version showing you the proposed additions and changes to the currentordinance.

The major changes are as follows:

1. Clarification that customers are not pct1uitted to bring their own alcohol into a licensed facility.2. The addition of a Class K license for banquet facilities.

3. Clarifying banquet services for other license holders.

4. Clarifying the provisions of a Class H golf course license.5. Adding hotels to the Class .1 license.

Recommendation:

Please review the draft and provide tnc your comments

SignahneViIJage Administrator Recommendation

Approve the j\Iotion

t-./f.k:::z:f-' Digitally signed by John

A- .jr/f-// LobaitoDate 2011.02.08 15,54,15-06'00'

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DRAFTORDINANCE NO. _

·AN ORDINANCE AMENDING ORDINANCE NO. 04-12-69AN ORDINANCE REGULATING THE SALE OF ALCOHOLIC LIQUOR

IN THE VILLAGE OF MUNDELEIN, ILLINOIS



. SECTION I. Section I - Definitions, is hereby amended to add the following

definitions:

BANQUET SERVICE shallmcan an activity conducted by a liquor license holderon the premises. at which the catering of private parties is performed. whereatthere is service for food consumption at tables. at a prearranged fixed unit price.of a full multiple course meal. hars d'oeuvres, buffet or smorgasbord. and atwhich alcoholic liquor may be served or sold in conjunction with such services:provided that each of such private parties is prearranged under the sponsorship ofa particular person or organization.

CORKAGE FEE: A charge imposed by a restaurant on a customer who bringstheir own bottle of wine into the restaurant for the purpose of consuming it at therestaurant.

SECTION II. Section 3 - Separate Licenses: Change of Location, is hereby deleted and

replaced with the following:

Section 3: SEPARATE LICENSES: CHANGE OF LOCATION. A Retail

liquor dealer's license issued hereunder shall permit the sale of alcoholic liquor only on the

premises described in the application and in the license issued thercon:. fai*l--eQnly one (1)

location shall be so described in each license1. unless (a) a Class L liquor license authorizing the

holder to conduct a beer. wine or liquor tasting event on the premises has been issued: or (b) a

Class A or Class· A I liquor license has been issued for a restaurant on the premises and a Class J

license is issllcd to permit banquet services at the same address.

After a license has been granted for a particular premises, the local Liquor Control

Commissioner, upon proper showing, may endorse upon and license permission to abandon the

premises therein described and move therefrom to other premises approved by him/her, but in

order to obtain such approval, the licensee shall file with the local Liquor Control Commissioner,

a request in writing and a statement under oath which shall show that the proposed new location

is a proper one for the retail sale of alcoholic liquor under the Liquor Control Act and the

ordinances of the Village.

SECTION III. Section 14, License - Classification: Fees: Numbers: Hours. is hereby

deleted and replaced with the following:

Section 14: LICENSE-CLASSIFICATION; FEES: NUMBER: HOURS. Thc

local Liquor Control Commissioner is authorized to grant liquor licenses for the selling at retail

of alcoholic liquor for the period beginning on the first day of May of any year and ending on the

thirtieth day of Apri I of tlie next or succeeding year.

Such licenses shall be, and are hereby divided into the following classes and are to

adhere to the following specifications provided. No license holder shall pennit a customer to

supply their own alcoholic liquor for sale. distribution or consumption on a licensed premises.

Restaurant shall not pennit patrons to bring their own wine only to be consumed on the premises

with their meal. Corkage fees are not permitted. Restaurants may permit a patron to take wine

off premises that has been sold to be consumed with the meal. but unfinished. provided the

bottles have been properly sealed for transport in compliance with state law.

A. CLASS A LICENSE (Establishments with Off-Premises Beer Sales), whichshall authorize the retail sale on the licensed premises described of alcoholicliquor for consumption on such premises as well as other retail sales of beeronly. 'Said premises shall have a full service bar thereon. The annual fee foreach such license shall be Two Thousand Five Hundred Dollars ($2,500.00).There shall be no more than a total of five (5) Class A licenses outstanding

2

and in force at anyone time. Said establishment shall be closed from 2:00a.m. through 6:00 a.m. on weekdays, and from 3:00 a.m. through 6:00 a.m.on Saturdays, Sundays and holidays, during which no alcoholic liquor shallbe sold, or offered for sale, on the prcmises. Sale of bcer not to be consumedon the licensed premises shall be prohibited from 12:00 a.m. to 6:00 a.m.

Class A license holders are permitled to ofTer banquet services within thelicensed facility. provided the facility and room meets the occupancyrequircments set by the Mundelein Fire Department.

B. CLASS A I LICENSE (Establishments without Off-Premises Beer Sales),which shall authorize the retail sale on the licensed premises described ofalcoholic liquor for consumption on such premises. Said premises shall havea full service bar thereon. The annual fcc for each such license shall be TwoThousand Dollars ($2,000.00). There shall be no more than a total of twelve(12) Class A I licenses outstanding and in force at anyone time. Saidestablishment shall be closed from 2:00 a.m. through 6:00 a.m. on weekdays,and from 3:00 a.m. through 6:00 a.l11. on Saturdays, Sundays and holidays,during which no alcoholic liquor shall be sold, or ofTered for sale, on thepremises.

Class A I license holders are permitted to offer banquet services within thelicensed facilily. provided the facility and room meets the occupancyrequirements set by the Mundelein Fire Department.

C. CLASS B LICENSE (Packaged Liquor Sales), which shall authorize theretail sale on the licensed premises described of alcoholic liquor in theiroriginal packages, but not for consumption on the premises where sold. Theannual fee for each such license shall be One Thousand Five HundredDollars ($1,500.00). There shall be no more than a total of thirteen (13)Class B licenses outstanding and in force at anyone time. Sale of alcoholicliquor shall be prohibited from 12:00 a.m. through 6:00 a.m.

D. CLASS D LICENSE (Special Eventl, which shall authorize the retail sale onthe lic.ensed premises described of alcoholic beverages, including any gift,sale or dispensing of same, for special event~.

Class D licenses shall be limited to not-for-profit organizations. Under nocircumstances, shall a Class D license be issued to persons, firms orcorporations operating a for profit business where alcoholic liquor is servedeither to the public or persons attending a private party where a charge ismade therefore either directly or indirectly through an admission fee, servicecharge, meal charge, donation, or any other charge whatsoever.

Class D licenses shall nol be issued for more than a one week duration, andmay be less at the discretion of the local Liquor Control Commissioner.

J

The fee for a Class D license shall be Twenty-five Dollars ($25.00) per day,not to exceed One Hundred Filly Dollars ($150.00).

There shall be no limit on the number arnot-for-profit organizations receivinga Class D license in anyone year. However, no not-for-profit organizationshall be issued more than six (6) Class D licenses in any year. Said premisesshall be closed from 2:00 a.m. to 6:00 a.m. on weekdays, and from 3:00 a.m.to 6:00 a.m. on Saturdays, Sundays and holidays, during which no alcoholicliquor shall be sold, or offered for sale, given or dispensed on the premises.

In addition to the usual requirements for application of licenses, the applicantfor a Class 0 license shall furnish the Village Clerk with evidence of theliquor liability insurance covering the special event. Class 0 licenseapplications shall be filed with the Village Clerk at least filleen (15) daysprior to the special event.

E. CLASS E LICENSE (Bingo), which shall authorize the retail sale on thelicensed premises described of beer for consumption on such premises,subject to the following provisions:

(1) Application is limited to not-for-profit organizations;

(2) The applicant shall hold a current bingo license, issued under the BingoLicense and Tax Act of the State of Illinois;

(3) Any license issued under this Section shall only be valid when held inconjunction with a licensed bingo activity;

(4) The retail sale of beer shall be limited to a period not exceeding twohours prior to the commencement of the first bingo game and shallterminate at the completion of the last bingo game 011 the day on whichsuch bingo activity is held;

(5) The day of the week and the place for which application is made shall belisted on the application and the license. The day of the week only maybe changed by the applicant after receiving approval by the local LiquorControl Commissioner of an amendment to the original application andlicense;

(6) No other alcoholic liquor may be consumed on the premises during thevalid time of a Class E license;

(7) The license shall be valid for only one day pel' week as specified;

4

(8) The license shall be subject to all applicable provisions under thisOrdinance.

The fee for a Class E Iieense shall be One Hundred Dollars ($100.00) forthe license year, May 1st through April 30th, and no provision shall bemade for a prorated license fee. There shall be no limit on the numberof Class E (bingo) licenses issued in any year.

F. CLASS F LICENSE (Restaurants!No Bar), which shall authorize the retailsale in restauranls of alcoholic liquor for consumption only at tables on thelicensed premises where sold. Consumption of alcoholic liquor at or over abar or counter is specifically prohibited 011 premises covered by a Class Flicense. Such licenses may be issued and retained by those establishmentswhich:

(I) Have a seating capacity at tables for a minimum offifly (50) persons forfood service; and

(2) Arc, in fact, operated and Iicensed as restaurants; and

(3) Offer their patrons full and complete meals, including dinner menu, andin which the service of alcoholic beverages is incidental andcomplementary to the service of such meals.

(4) Class F license holders are permitted to offer banquet services within thelicensed facility, provided the facility and room meets the occupancyrequirements set by the Mundelein Fire Department.

The annual fee for each such license shall be Two Thousand Dollars($2,000.00) and there shall be no more than a total of three (3) Class Flicenses outstanding and in force at anyone time. Said establishment shall beclosed from 2:00 a.m. to 6:00 a.m. on weekdays, and from 3:00 a.m. to 6:00a.m. on Saturdays, Sundays, and holidays, during which no alcoholic liquorshall be sold, or offered for sale, on the premises.

G. CLASS G LICENSE (Restaurants/Beer and Wine Sales Only), whieh shallauthorize the retail sale in restaurants of beer and wine and no other type ofalcoholic liquor, for consumption only at tables or booths on the licensedpremise where sold. Consumption of beer or wine at or over a counter or baris specifically prohibited on premises covered by a Class G license. Suchlicense may be issued and retained by those establishmcnts which:

(I) Havc a seating capacity at tables and booths for a minimum of twentyfive (25) persons for food service;

(2) Are, in fact, operated and licensed as restaurants, as defined herein;

5

(3) OfTer their patrons full and complete meals, including a dinner menu,and in which the serving of becr and wine is incidental andcomplementary to thc service of such meals;

(4) Have no coin-operated amusement machines on the premises; and

(5) Do not have drive-through facilities which are designed to allowcustomers to be served without dining in Ihe restaurant.

(6) ciass G license holders are not permitted to offer banquet services withinthe licensed facility.

The annual fee for each license shall be One Thousand Five Hundred($1,500.00) and there shall be no Illore than a total of five (5) Class G licensesoutstanding and in force at anyone time. A licensee which possesses a validClass G license shall not selve, or oITer for sale, beer or wine between thehours of 12:00 a.m. and 6:00 a.m. and shall not allow any beer or wine to bepresent on the tables or booths in the cstablishment between 1:00 a.m. and6:00 a.lll.

The term "full and complete meals, including a dinner menu" means foodservice provided by a licensee on the licensed premises on not less than five(5) days each week, between at least the hours of 5:00 p.lll. and 8:00 p.lll.continuously. Pizza, spaghetti, chop sucy, and similar items, (but notsandwiches and snack-type foods), shall bc considered a "full and completemeal."

H. CLASS H LICENSE (Golf Courses), which shall authorize the retail sale onthe licensed premises described of alcoholic liquor for consumption only onsuch premises. Said premises may have a full service bar thereon. Suchlicenses may be issued and retained by those establishments which:

(I) Have a seating capacity at tables and booths for a minimum of twentyfive (25) persons for food service, which may consist of sandwiches,snacks and items similar thereto;

(2) Have a daily fee golf course having not less than 18 holes; and

f31 Are, in faet, Bl3emtea Bna lieellsea as galf eSI;:IFses iR wAieA tAc servingafaleahelie eevemges is iReiEteRtal BRa eSl11l3lcFAenta",' ta the )3laying af.·game afgalf.

The following shall be permitted at a Class H licensed facility:

(I) The sale of alcoholic liquor at a bar in the clubhouse or at tables.

6

... ---_.

..-- ...

Formatted: Indent: left: 1.25·, first line: o·Tab stops: 1.75", left

Formatted: Indent: left: 1.25", Hanging:0.38"

Formatted: Indent: left: 1.25·, First line: 0·,Tab stops: 1.75·, left

(2) The sale of alcoholic liquor from a motorized "beverage cal1" or from abeverage facility on the golf course.

(3) Consumption of alcoholic liquor on the golf course grounds.

(4) The sale of alcoholic liquor in conjunction with restaurant meal service.

(5) The sale of alcoholic liquor as part of banquet service. provided thefacility is equipped with a banquet room that meets the occupancyrequirements of the Mundelein Fire Department.

(6) The sale of alcoholic liquor from a temporary structure erected on thepremises for the purpose of expanding the banquet service capabilities oftlie facility. provided the tent is erected with the proper penn its andapproval of the Village of Mundelein.

The annual fee for each such license shall be One Thousand Five HundredDollars ($1,500.00) and Ihere shall be no more Ihan a total of 1'1'0 (2) Class Hlicenses outstanding and in force at anyone time. Between May I andOetsl3er 31 sf eaeh year, He aleeJ:telie lil:ll:lar shalll3e served sr affered fer salean tJ:te lieeHsea f3reHlises frerR 19 f3.m. te €i a.m. BetweeH JilsveAll3er 1 anaMareh I eaah )'ear, He No alcoholic liquor shall be served or offered for saleon the ,licensed premises from &-fr.»r. 12:00 a,m, to 6:00 a,m,

I. CLASS J LICENSE (Hotel, MOlel and University). which shall authorize theretail sale in hotels and motels, having at least seventy-live (75) individualrental units, and at universities of higher education with overnightaccommodations having at least 100 dormitory rooms, of alcoholic liquor forconsumption on the licensed premises where sold. CensUAlf3tisH sf aleehelieliEJHeF at ar ever 8 bar ar saunter is sf.leeitisally I3rehibiteel SR f3rel'Risessa...erea l3y a Class J lieeRse, Alcoholic liquor may only be sold in:

(I) Designated meetinglbanquet rooms approved by the local liquorcommissioner;

(2) In a lounge area providing a maximum seating capacity of 50 persons;

(3) In a swimming pool area.

(4) IR an area wRich is Rlare tJ:taR 199 feet li=eAl 8 ehl:lreh bHilaiRg. Banquetservices are permitted provided the banquet room meets Mundelein FireDepal1ment standards for a place of assembly.

Alcoholic liquor may be consumed in the individual rental units or dormitoryroomS. Alcoholic liquor may not be sold from individual rental units ordormitory rooms.

7

{ Formatted: tndent: Left: 1.25-, First line: o· 1

Alcoholic liquor for sale or distribution in any of the pennitted locations onpremises must be provided by the license holder.

Alcoholic liquor shall not be sold or offered for sale through room service.

The annual fee for each such license shall be One Thousand Five HundredDollars ($1 ,g~OO.OO) and there shall be no more than a total of two (2) Class Jlicenses outstanding and in force at an)' one time. No alcoholic liquor shall besold, or offered for sale, on the premises between 12:99 f11iElAig"'t 2:00 a.m. teand 12:00 p.m. on all days of the week. Alsa, na al.ahali. li~"a, shall hesolEi, or efl'ereEi far sale, eA !"'e J3remises t"'reug'" ream serviee.

J. CLASS K LICENSE (Banquet Services Only), shall authorize the serving andretail sale of alcoholic liquor for consumption on the premises ofestablishments constructed as banquet service facilities and authorized forbanquet services as the principal use, or in such public facilities in whichbanquet services are permitted. but where no other type of liquor license hasbeen issued for the facility.

(I) Alcoholic liquor under this license may be served and sold only to invited"'--'--guests.

(2) No such banquet facility shall have a bar, lounge, or similar area devotedprimarily to the service and consumption of alcoholic beverages only.

(3) No retail sale of alcoholic beverages shall be made at any time to thegeneral public. other than those in ·attendance at the banquet event.

rormatted: Indent: left: 1.25", Hanging:0.31", Tab stops: 1.19", left + 1.56", left +3.]8", left + Not at 1.25"

No such banquet facility shall have a bar. lounge. or similar area devoted..... --,,{ Formatted: Space Before: 0 pt:

primarily to the service and consumption of alcoholic beverages only. Noretail sale of alcoholic beverages shall be made at any time to the generalpublic, other than those in attendance at the banquet event.

formatted: Font: 12 pi111c'a-n;luaTfee 'fo~'eac'h' iice~'se' shaH' be' i\~;o' Tho~sii~d' Ff~e'Hu'~dred' Doiiars-' ,..' ~F:':o::;,m:::::;.tt:::ed:::;":':F""=':":,:',:::pt~-----~($2,500.0ql.~_I~~ there shall be no more th~!I a to'tal of zero (OtG1~ss K licenses :~~, .. , >',"o"',m=.tt"'ed='"',,,,,=,,-',;;',"'pt'--------<outstanding and in force at anyone time. A licensee which possesses a valid -', formatted: Font: 12 pt

Class K license shall not serve. or offer for sale. alcoholic liquor between thehours of2:00 a.m. and 8:00 a.m.

K. CLASS L (Tasting Events). A Class L liquor license shall authorize theholder to conduct beer, wine or liquor tasting events subject to the provisionslisted below at which alcoholic liquor is sampled by the public to promoteretail sale b)' the liquor license holder.

Nothing in this section shall prohibit the holder of a Class B liquor licensefrol11 holding a beer, wine or liquor tasting event on the premises of the

8

. I

license holder for the purpose of featuring a limited quantity of new productswithout the receipt of a Class L license or payment of an additional fcc.

Holders of a Class B liquor license shall be required to obtain a Class Llicense to hold a tasting promoting the sale of alcoholic liquor off thepremises of the license holder. In addition, holders ofa Class F, G, H, I, J orK shall be required to obtain a Class L license to hold a tasting promoting thesale of alcoholic liquor on the premises of the license holder.

Nothing in this section shall permit the holders of Class A, AI, F, G, I-I, J, Kor M to hold a promotional tasting event off the premises of the licenseholder.

The following provisions are required for any Class L liquor license holder:

(I) Beer, wine and liquor tastings are permitted as promotional events,which shall be limited to a maximum of four (4) per year. No singletasting shall exceed two (2) consecutive days.

(2) A Class A, AI, B, F, G, H, f-ef J or M liquor license holder must applyfor and be isslled a Class L license for each separate tasting period fromthe local Liquor Control Commissioner.

(3) The tasting shall be supervised by an employee of the licensed liquorestablishment who has completed BASSET training in accordance withSection 31 of this Ordinance, and may only be conducted in a designatedarea approved by the local Liquor Control Commissioner.

(4) Food must be served as pmt of the tasting.

(5) No licensee shall give or offer to give away alcoholic liquors as a gift,gratuity, or tie-in \vith the sale of nonalcoholic products or to induce thepurchase of or promote the sale of nonalcoholic products.

(6) If the establishment's existing liquor license is restricted to the sale ofbeer or wine, the tasting shall also be so restricted.

(7) The fee for each such license shaB be One Hundred DoBars ($100,00)per day.

SECTION IV. Except as amended above, Ordinance 04-12-69, as amended, is hereby

ratified, confirmed and approved.

9

SECTION V, Severability. If any section, clause, paragraph, or provision of this

Ordinance shall be found invalid by a court of competent jurisdiction, such judgmcnt shall not

affect, impair, invalidate,. or nullify the remainder of this Ordinance, but only that part found


SECTION VI. Effective Date. This Ordinance shall be in full force and effect from

and after its passage, approval, and publication in pamphlct form as required by law,

This Ordinance was adopted by a roll call vote as follows:

ABSENT AND/OR NOT VOTING

President

PASSED: _

APPROVED: _

PUBLISHED in pamphlet form:

ATTEST: ~~=-=_;_----Acting Village Clerk

10

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