MONDAY, NOVEMBER 1, :00 P.M. 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School.

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1 MONDAY, NOVEMBER 1, :00 P.M. 1. Pledge of Allegiance led by Cub Scout Pack #85 from Middleton School. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held October 18, * 5. Approve Voucher List #12-FY11 of November 1, * 6. Proclamations and Resolutions. 7. Recognition, Presentations and Awards. 8. Appointments, Reappointments and Resignations. A. Appointments: Appearance Commission (Three-Year Term): Swearing in of Joel Bauer by Village Clerk Marlene Williams * Board of Health (Two-Year Term): Dr. Lesley Luka * B. Resignations: Appearance Commission: Vip R. Shah Consumer Affairs Commission: Monica Grayless 9. Report of the Village Manager. A. Recommendation for Cook County Class 6B Property Tax Incentive 8151 Ridgeway Avenue. * B. Bid Report Aerial Platform Ladder Refurbishment Global Emergency Products, Inc., Appleton, WI - $307,450. C. Request for Executive Session. 10. Report of the Corporation Counsel. CONSENT * A. An ordinance approving a plat of dedication for a portion of property located on the east side of 8050 Elmwood Street, Skokie, Illinois in a CX Core Mixed-use district. This item is on the consent agenda for second reading and adoption. * B. An ordinance amending Chapter 118, Article III, Section of the Skokie Village Code pertaining to outdoor dining regulations ( P). This item is on the consent agenda for second reading and adoption. * C. An ordinance granting site plan approval for modifications to a planned development at Old Orchard Road, Skokie, Illinois in an OR Office Research district, and relief from certain sections of Chapter 118 of the Skokie Village Code, and the repeal of Village Ordinances 80-5-Z-1276, 80-9-Z-1299, 83-4-Z-1516 and Z-2462 pertaining to the aforementioned property ( P). This item is on the consent agenda for second reading and adoption. * D. An ordinance granting a special use permit to allow cremation services at 7334 Lawndale Avenue, Skokie, Illinois in a M3 Industry district and relief from Chapter 118, Sections (2), (5), (5) and (c)(2) of the Skokie Village Code ( P). This item is on the consent agenda for second reading and adoption

2 * E. A resolution approving a plat of subdivision for the property located at 5151 Dempster Street, Skokie, Illinois in a B3 Business district ( P). This item is on the consent agenda for second reading and adoption. * F. An ordinance granting a special use permit to allow automobile rental, including the rental and storage of trucks, at 5151 Dempster Street, Skokie, Illinois in a B3 Business district and the repeal of Village Ordinance Number 77-7-Z-1019 ( P). This item is on the consent agenda for second reading and adoption. * G. An ordinance providing for the installation and establishment of a four-way stop sign control at the intersection of Payne Street and Karlov Avenue, Skokie, Illinois. This item is on the consent agenda for second reading and adoption. * H. An ordinance providing for the installation and establishment of a four-way stop sign control at the intersection of Keeler Avenue and Grant Street, Skokie, Illinois. This item is on the consent agenda for second reading and adoption. FIRST READING I. An ordinance approving a plat of dedication for a portion of property located at 4435 Oakton Street, Skokie, Illinois in a B2 Commercial district. This item is on the agenda for first reading and will be on the November 15, 2010 agenda for second reading and adoption. 11. Unfinished Business. 12. New Business. 13. Plan Commission. A. Plan Commission Case P A request by the Assyrian National Council of Illinois for an amendment to its special use permit ordinances through the modified review procedure to allow for the phasing of its development for its cultural center at 9131 Niles Center Road. 14. Citizen Comments. 15. Adjournment

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12 JPH: 11/1/10 Manager s Report THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION R- RESOLUTION FOR CLASS 6(b) REAL ESTATE TAX INCENTIVE FOR THE REAL PROPERTY LOCATED AT 8151 RIDGEWAY AVENUE IN THE VILLAGE OF SKOKIE, ILLINOIS PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE WHEREAS, the Village of Skokie (hereinafter referred to as Village ), a home rule municipality situated in Cook County, State of Illinois, is a duly organized and existing Village created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code and the Constitution of the State of Illinois; and WHEREAS, the Mayor and Board of Trustees constitute the duly elected qualified and acting officials of the Village; and WHEREAS, the Cook County Board of Commissioners has amended the Cook County Real Property Classification Ordinance (hereinafter County Ordinance ), to provide real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used for industrial purposes; and WHEREAS, the Village, consistent with the County Ordinance, as amended, desires to induce industry to locate and expand in the Village by offering financial incentives in the form of property tax relief; and WHEREAS, Class 6(b) of the County Ordinance requires that the municipality, in which such real estate proposed for Class 6(b) designation is located, to make a determination through the adoption of a resolution that such real estate is appropriate for incentive abatement; and WHEREAS, Symbol Tool, Inc., an Illinois corporation, (the Applicant ) has purchased an abandoned vacant industrial facility located on a 20,300 square foot site at 8151 Ridgeway Avenue (hereinafter referred to as the Subject Property ), in the East Industrial Area of Skokie, Illinois. The Applicant will undertake substantial rehabilitation and renovation of the existing industrial structure and Subject Property to enable it to be used primarily for industrial purposes; and WHEREAS, the single story building has an area of approximately 10,200 square feet, and it is anticipated that the entire property would be eligible for Class 6(b) tax incentives pursuant to the County Ordinance, as amended; and WHEREAS, the Applicant intends to file with the Office of the Assessor of Cook County an Eligibility Application for Class 6(b) classification for an abandoned property on the basis of the Subject Property having been damaged by fire and abandoned since February, 2007; and Page 1 of 3 VOSDOCS-# v1-Resolution Class_6(b)_Real_Estate_Incentive 8151_Ridgeway

13 WHEREAS, the Subject Property will be utilized for industrial purposes in compliance with the Skokie Village Code; and WHEREAS, the grant of Class 6(b) tax incentives for the Subject Property is necessary for the rehabilitation, renovation and re-utilization of the Subject Property; and WHEREAS, the proposed rehabilitation and renovation of the Subject Property will provide significant future employment, both temporary and permanent; and WHEREAS, notwithstanding the Class 6(b) status of the Subject Property the rehabilitation, renovation and re-utilization thereof will generate significant new revenues to the Village and other local governments in the form of additional real estate taxes and other tax revenues; and WHEREAS, the Applicant has indicated to the Mayor and Board of Trustees that such incentive provided for in said County Ordinance is necessary for the desired level of rehabilitation, renovation and re-utilization of the Subject Property to occur; and WHEREAS, the permanent Real Estate Tax Index Number for the Subject Property is ; NOW THEREFORE, BE IT RESOLVED by the Mayor and the Board of Trustees of the Village of Skokie, County of Cook, State of Illinois: Section 1: The above stated Recitals are hereby restated and incorporated herein as if fully set forth. Section 2: The Subject Property is appropriate for Class 6(b) tax incentive benefits pursuant to the County Ordinance, as amended. Section 3: The Mayor and Board of Trustees hereby find that the incentives provided by the Class 6(b) real property assessment classification are applicable to the entire value of the Subject Property and necessary for the rehabilitation and re-utilization to occur on the Subject Property. Section 4: Pursuant to the County Ordinance, as amended, the Village of Skokie hereby approves, consents and supports the filing of the Class 6(b) application for the classification of the entire value of the Subject Property, and the Class 6(b) tax incentives shall apply to the entire value of the Subject Property identified as Permanent Index Number Section 5: The Clerk of the Village of Skokie is authorized to and shall send a certified copy of this Resolution to the Office of the Cook County Assessor, Room 312, County Building, Chicago, Illinois Page 2 of 3 VOSDOCS-# v1-Resolution Class_6(b)_Real_Estate_Incentive 8151_Ridgeway

14 Section 6: This resolution shall be effective immediately upon its passage and approval, or as otherwise provided by law. PASSED this day of November, Ayes: Nays: Village Clerk Absent: Approved by me this day of November, 2010 Attest: Village Clerk Mayor, Village of Skokie Page 3 of 3 VOSDOCS-# v1-Resolution Class_6(b)_Real_Estate_Incentive 8151_Ridgeway

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21 A JPH: 10/18/10 1 st *11/1/10 reading THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER Z- AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR A PORTION OF PROPERTY LOCATED ON THE EAST SIDE OF 8050 ELMWOOD STREET, SKOKIE, ILLINOIS IN A CX CORE MIXED-USE DISTRICT WHEREAS, the owner of the following described real property: THE EAST 33.0 FEET (MEASURED AT RIGHT ANGLES TO THE EAST LINE OF LOT 37) OF THE SOUTH 40 FEET OF LOT 37 IN PETER BLAMEUSER S SUBDIVISION OF THE SOUTH 105 ACRES OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED OCTOBER 24, 1872 AS DOCUMENT 64272, IN COOK COUNTY, ILLINOIS. PIN: more commonly known as a portion of land located on the east side of 8050 Elmwood Street, Skokie, Illinois (hereinafter the Subject Property ) in the CX Core Mixed-use district, as depicted on the Plat of Dedication dated July 2, 2010, a copy of which is attached hereto as Exhibit 1, is dedicating the Subject Property to the Village of Skokie as part of the Elmwood Street public right of way; and WHEREAS, the Subject Property is generally described as a six-sided parcel measuring feet and feet on the westerly sides, feet on the north side, feet and 6.79 feet on the easterly sides and feet on the south side; and WHEREAS, the Subject Property is currently being used as part of the Elmwood Street right of way but has never been dedicated as public right of way. It is being dedicated to develop a consistent public right of way throughout the Village s downtown area, in order to provide public streets, sidewalks, lighting and streetscape improvements; and WHEREAS, this dedication is being made without compensation to the property owner; and WHEREAS, the Community Development Director reviewed the Plat of Dedication dated July 2, 2010, and determined that the dedication meets all Village requirements and has recommended its acceptance, as indicated in his memorandum, dated September 23, 2010; and Page 1 of 2 VOSDOCS-# v1-Ordinance Plat_of_Dedication 8050_Elmwood_St_

22 WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on November 1, 2010, concurred in the aforesaid recommendation of the Skokie Plan Commission: NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: 6 7 Section 1: stated in full. That the above stated Recitals are restated and incorporated as if Section 2: That the dedication of the Subject Property, legally described above and commonly known as a portion of land located on the east side of 8050 Elmwood Street, Skokie, Illinois, in a CX Core Mixed-use district, as depicted on the Plat of Dedication, dated July 2, 2010, be and the same is hereby approved. Section 3: The public purpose of the dedication of the Subject Property is to develop a consistent public right of way for Elmwood Street. Section 4: That the Plat of Dedication, dated July 2, 2010, attached as Exhibit 1, is hereby accepted and approved, except as it may be revised subject to the approval of the Corporation Counsel and the Village Manager or designee. The Plat shall be recorded with the Cook County Recorder of Deeds Office. Section 5: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 6: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of November, Ayes: Village Clerk Nays: Absent: Approved by me this day of November, Attested and filed in my office this day of November, Village Clerk Mayor, Village of Skokie Page 2 of 2 VOSDOCS-# v1-Ordinance Plat_of_Dedication 8050_Elmwood_St_

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25 JPH: *11/1/10 PC: P B THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER C- AN ORDINANCE AMENDING CHAPTER 118, ARTICLE III, SECTION OF THE SKOKIE VILLAGE CODE PERTAINING TO OUTDOOR DINING REGULATIONS WHEREAS, Chapter 118, Article III, Section of the Skokie Village Code provides for regulations and requirements for food establishments and food services; and WHEREAS, due to the number of inquires from Skokie business owners regarding clarification of the required standards for outdoor dining and the Community Development Department staff s (hereinafter Staff ) concern for the need for clarification of the current provisions in the Skokie Village Code (hereinafter Code ), the Site Plan Review Committee undertook a review of the outdoor dining regulations in Section for Food Establishments and Food Service Requirements; and WHEREAS, as part of its review, the Staff studied the regulations of surrounding communities as well as the current provisions in the Code. Subsequent to their review, the SPRC determined that the following general modifications were appropriate: - exempting outdoor dining from parking requirements, - clarifying the location and better defining the perimeters of an outdoor dining area, - providing businesses a chance to use outdoor dining areas during the off-season time and on a limited basis; and WHEREAS, the Skokie Plan Commission (hereinafter SPC ), at a public meeting duly held June 17, 2010, for which proper notice was achieved, heard testimony from the owner of the Curragh, who stated that the specific details of the modifications were too restrictive. The SPC accepted a submitted from the Curragh s attorney, which stated his objections to the proposed revisions and requested to continue the case. The SPC granted a continuance to September 2, 2010, in order to clarify the requested modifications; and WHEREAS, subsequent to the July 15, 2010 meeting, Staff was able to review the comments submitted by a representative of Westfield LLC and those of the owner of the Curragh regarding the proposed modifications. The Staff, after final review, revised the recommended modifications to Section of the Code; and WHEREAS, the Staff is confident that these revised modifications will allow businesses to utilize outdoor dining as a seasonal amenity without burdening a business owner with the task of providing additional parking and will clarify where outdoor dining areas can be placed; and WHEREAS, the Skokie Plan Commission at a public meeting duly held September 2, 2010, which was the date this case was continued to and at which no interested parties Page 1 of 4 VOSDOCS-# v1-Ordinance P Code_Amendment Chapter_118 Outdoor_Dining_Regulations

26 spoke, concurred in Staff s revised recommendations and voted to recommend to the Mayor and Board of Trustees that Chapter 118, Article III, Section of the Skokie Village Code be amended as outlined in the Plan Commission Report dated September 20, 2010; and WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on September 20, 2010, concurred in the aforesaid recommendation of the Skokie Plan Commission; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois; Section 1: That Chapter 118, Article III, Section of the Skokie Village Code be and the same is hereby amended in the manner hereinafter indicated. The new material is highlighted in bold and the material to be deleted is highlighted and stricken through (a) (b) (c) (d) (e) Sec Food establishments and food services requirements. A screened garbage corral with an impermeable surface shall be provided to contain all dumpsters. No tables or eating counters shall be allowed at food establishments. The addition of tables or eating counters shall constitute the addition of a food service use at that location, and all additional regulations for that food service use shall apply. At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the site property and clear it of debris. The sale of open alcoholic beverages at carryout restaurants is prohibited. Outdoor dining. (1) Standard conditions. The following shall apply to all outdoor dining areas: a. Barriers, fencing, landscaping, and other features shall be utilized to define the outdoor dining area. b. Hours of operation for the outdoor dining Use of the area shall be limited to between 8:00 AM and 10:00 PM, but not longer than the posted operational hours of the associated food service facility. c. Dates of operation shall be limited to between April 1 and October 31 in a calendar year. d. Outdoor dining areas shall be exempt from parking regulations if used or set up less than 7 months in a calendar year. ce. All food preparation must take place inside the associated food service establishment. df. Adequate refuse disposal shall exist as determined by the Health Department. eg. Advertising or promotional features shall be limited to umbrellas or canopies. fh. All applicable village and state health requirements shall be met. Page 2 of 4 VOSDOCS-# v1-Ordinance P Code_Amendment Chapter_118 Outdoor_Dining_Regulations

27 gi. Dining areas will be reviewed each year during the annual restaurant inspection. The outdoor dining permit may be revoked by the Village Manager at any time on 14 days' notice for failure to comply with the regulations set forth in this subsection. j. The outdoor dining area shall not be enclosed on more than two sides with walls if roofed over. k. The outdoor dining area must be located on a surface approved by the Village Manager or designee. l. The outdoor dining area shall not be located in a required parking space or block a private or public sidewalk. (2) Outdoor dining on private property shall be a permitted use with an outdoor dining permit from the Village Manager or designee in TX, CX, B3, and B4 districts under subject to the following conditions: a. All conditions in subsection (e)(1) are met. b. The outdoor dining shall be on the same lot as or within a development that received site plan approval as its associated food service establishment. c. An outdoor dining area shall not be located within a 15-foot sight distance triangle or within 3 feet from any public alley. (3) Outdoor dining shall be permitted on private property between November 1 and March 31, of the next calendar year, with an administrative permit from the Village Manager or designee, subject to the following conditions: a. An outdoor dining permit or a special use permit for outdoor dining has been issued for the site. b. The outdoor dining area must be in the same location as the approved outdoor dining permit or special use permit. c. The outdoor dining area cannot be used more than 4 periods during this time. d. The outdoor dining area cannot be used or set up for more than a period of 3 consecutive days. e. A site and floor plan must be approved by the Village Manager or designee. f. Administrative permit fee must be paid to the Village of Skokie prior to using the outdoor dining area. (34) Outdoor dining on private property shall be a special use in NX, B1, B2, B6, and M1 districts or if relief is needed from any condition in subsections (e)(1), (e)(2), or (e)(3) is needed in NX,TX, CX, B1, B2, B3, and B4, B6, and M1 districts. (45) Outdoor dining on a public right-of-way shall be a permitted use between May 1 and October 31 with an outdoor dining permit from the Village Page 3 of 4 VOSDOCS-# v1-Ordinance P Code_Amendment Chapter_118 Outdoor_Dining_Regulations

28 (f) (g) Manager or designee in TX and CX districts under subject to the following conditions: a. All conditions in subsection (e)(1) are met. b. The use of public right-of-way for outdoor furniture and appurtenances shall only be permitted incidental to the operation of a restaurant on private abutting property, and the outdoor dining area shall not extend laterally beyond the frontage of the permittee's establishment. c. All public sidewalks and parkways shall be maintained in accordance with Sections and d. A Use of Public Way for Outdoor Dining Agreement between the Village and both the operator of the food service and the abutting land owner shall be approved by the Village. (56) Outdoor dining on public right-of-way shall be a special use: a. In NX, B1, B2, B3, B4, B6, and M1 districts in conjunction with an approved Use of Public Way for Outdoor Dining Agreement between the Village and the operator of the food service. b. In TX and CX districts if relief from any condition in subsection (e)(45) is needed. Existing limited service restaurants are allowed with a special use permit in the B1 and M3 districts and may rebuild, modernize, and/or add outdoor dining if the Plan Commission deems that the restaurant is operated and maintained in a manner consistent with the purpose of the district. New limited service restaurants are prohibited in these districts. Drive-through facilities are prohibited at carryout and full-service restaurants Section 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of November, Ayes: Nays: Absent: Attested and filed in my office this day of November, 2010; and published in pamphlet form according to law from November, 2010 to November, Village Clerk Approved by me this November, Mayor, Village of Skokie day of 27 Village Clerk Page 4 of 4 VOSDOCS-# v1-Ordinance P Code_Amendment Chapter_118 Outdoor_Dining_Regulations

29 JPH: *11/1/10 PC: P SPA: THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER Z- C AN ORDINANCE GRANTING SITE PLAN APPROVAL FOR MODIFICATIONS TO A PLANNED DEVELOPMENT AT OLD ORCHARD ROAD, SKOKIE, ILLINOIS IN AN OR OFFICE RESEARCH DISTRICT, AND RELIEF FROM CERTAIN SECTIONS OF CHAPTER 118 OF THE SKOKIE VILLAGE CODE, AND THE REPEAL OF VILLAGE ORDINANCES 80-5-Z-1276, 80-9-Z-1299, 83-4-Z-1516 AND Z-2462 PERTAINING TO THE AFOREMENTIONED PROPERTY WHEREAS, the owner of the following described real property: PARCEL 1: ALL THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 15 ACRES OF SAID FRACTIONAL QUARTER AND EASTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY OF AND MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; EXCEPT THE NORTH 20 FEET OF THE SOUTH 50 FEET OF THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 15 ACRES OF SAID FRACTIONAL QUARTER AND EASTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY OF AND MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY, AS DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 3, 1972 AS DOCUMENT AND ALSO EXCEPT THAT PART FALLING IN HARRISON STREET, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOTS 1 AND 2 IN OLD ORCHARD OFFICE CENTRE RESUBDIVISION OF KIDDER S SUBDIVISION OF WITTBOLD S RAPID TRANSIT TERRACE NO. 4 AND VACATED STREETS AND ALLEYS IN THE EAST ½ OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 22, 1983 AS DOCUMENT PINS: (Parcel 1), and (Parcel 2) more commonly described as Old Orchard Road, Skokie, Illinois (hereinafter Subject Property ), petitioned the Village of Skokie for site plan approval for modifications to a planned development, consisting of an existing three building office complex, known as Old Orchard Towers, in an OR Office Research district; and WHEREAS, the original site plan approval was adopted by the Village Board in 1980 and the existing three building office complex is currently being used for multi-tenant Page 1 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

30 occupancy which requires continuous review of uses, individual floor plans, and parking requirements; and WHEREAS, the requested modification to the site plan would be to allow a 4,696 square foot building addition under an existing second floor concourse to accommodate a new tenant, Block Medical, an integrative cancer treatment clinic, which will occupy a total of 17,696 square feet; and WHEREAS, the addition will result in the loss of 15 parking spaces under the concourse and an additional 3 parking spaces due to the re-striping of the area near the proposed patient drop-off, resulting in a parking deficiency when the buildings approach full occupancy; and WHEREAS, the staff of the Community Development Department (the Staff ) has determined that shared parking by multiple uses reduces the total number of parking spaces needed. Therefore the staff recommended to the Plan Commission that the number of parking spaces required for the Subject Property be determined utilizing gross floor area (the GFA ) rather than net floor area ratios. The GFA methodology reflects how a property owner leases spaces to tenants and allows maximum flexibility in leasing without any shortage in real parking demand; and WHEREAS, the Skokie Village Code (the Code ) requires the use of net floor area ratios for parking space determinations, therefore the use of the GFA methodology is considered a request for relief from the appropriate provisions of the Code. 3 parking spaces for each 1000 square feet of gross floor area would be required for uses that would have required one parking space per 200 square feet of net floor area; and WHEREAS, prior to requesting any future relief for parking being considered, the petitioner has also committed that 22 spaces in the parking garage that were converted to a car wash in a previous site plan revision will be converted back to vehicle parking spaces; and WHEREAS, the Skokie Plan Commission is also requiring 52 bicycle parking spaces be provided on site in accordance with the Village s current requirements, noting the planned Skokie Valley Trail multiuse path is within 500 feet of the Subject Property; and WHEREAS, in addition to the site plan approval, the petitioner is also seeking a continuation of the relief from the following sections of the Code: (i) Chapter 118, Section (1)a, to exceed the yard to building height ratio of 2.5 to 1 for builds above 60 feet for the north building (5202 Old Orchard Road) from the residential property in the Village of Wilmette to the north; (ii) Chapter 118, Section (3) to permit encroachment of buildings into the east side yard less than the required 50 feet; (iii) Chapter 118, Section (6) for relief from site coverage by buildings to exceed 30%; (iv) Chapter 118, Section (10) to allow parking within 50 feet of the west and east lot lines; and Page 2 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

31 WHEREAS, there are several ordinances affecting the Subject Property that are no longer relevant. Therefore, Village Ordinance Numbers 80-5-Z-1276, 80-9-Z-1299, 83-4-Z- 1516, and Z-2462, pertaining to the Subject Property, should be repealed; and WHEREAS, the Skokie Plan Commission, at a public hearing duly held on September 16, 2010: (i) determined that proper legal notice had been achieved, (ii) made the appropriate findings of fact in the affirmative, as required under Section of the Skokie Village Code, and (iii) voted to recommend to the Mayor and Board of Trustees that: (a) the requested site plan approval be granted subject to the conditions contained in the Plan Commission Report dated October 18, 2010 or as subsequently modified by Staff; (b) relief be granted from Sections (1)a, (3), (6), and (10) of the Code and from the appropriate portion of Section to allow GLA to be utilized in determining the number of certain required parking spaces; (c) Village Ordinance Numbers 80-5-Z-1276, 80-9-Z-1299, 83-4-Z-1516, and Z-2462, pertaining to the Subject Property, be repealed; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on October 18, 2010, voted to concur in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the site plan approval requested by the petitioner for modifications to a Planned Development at the property legally described above and commonly known as Old Orchard Road, Skokie, Illinois in an OR Office Research district is hereby granted and approved subject to each of the conditions set forth below: 1. The petitioners shall develop the Subject Property in substantial conformance with the final Village approved site plan, dated October 8, 2010, garage level plans, dated October 6, 2010, and existing landscape inventory dated October 6, 2010, except as may be modified by the removal of trees associated with the new water main construction; 2. 1,018 vehicle parking spaces and 52 bicycle parking spaces shall be provided on-site; 3. The required number of on-site motor vehicle parking spaces for any use with a parking requirement of 1 parking space for each 300 ft 2 of net floor area shall be 3 parking spaces for each 1000 ft 2 of gross floor area. The on-site motor vehicle parking requirements for all other uses shall be as required by the Village Code; 4. Before any future reduction in the required number of off-street parking spaces for any use is considered by the Village Board, the Petitioners shall agree to return the enclosed car wash area spaces in the parking garage to motor vehicle parking spaces and add them to the existing inventory of on-site parking spaces; 5. Prior to the start of any construction under the existing concourse of 5230 Old Orchard Road, the Public Works and Fire Departments shall approve a solution to or relocation of the water main that is located under the proposed addition to the concourse building, Page 3 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

32 an IEPA permit must be obtained, and the Petitioners must sign an agreement to a maintain and operate a looped water main system; 6. Prior to the occupancy of the building addition, the petitioners shall submit to the Village of Skokie Community Development Department a Cook County Assessor's Office Petition to Consolidation of Property with associated fees to consolidate property identification numbers and into a single tax parcel or evidence that the petition was submitted to the Cook County; 7. A minimum 5 foot walkway clear of any obstructions shall be provided along any occupied building adjoining an off-street parking area; 8. Installation of a 5-foot wide public sidewalk along the Central Street and remaining Lockwood Avenue frontage shall occur when 5300 Old Orchard Road is developed, when connecting sidewalks are developed to the north in Wilmette, or immediately following any amendment of this site plan approval, whichever is sooner; 9. In the event Police traffic control is warranted at the Old Orchard Road intersection, the Petitioners shall provide a Traffic Control Officer to be present at the said intersection during A.M. and P.M. rush hours. The cost shall be shared based on Village negotiations and agreement by other businesses to pay their proportionate share of the cost; 10. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner; 11. Any new or replacement parking lot and exterior lighting shall meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division; 12. All off-street parking spaces shall be legibly striped and maintained; 13. The Subject Property must conform to the Village's storm water control requirements as they pertain to existing structures and for additions to existing structures as contained in the Skokie Village Code, including the disconnection of any downspouts; 14. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission; 15. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit; 16. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility requirements and the Skokie Village Code; 17. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code; 18. Vehicles shall always be parked between and not overlap the striped lines of designated parking spaces and shall not block driveways, sidewalks, aisles, or other points of access; 19. All employees shall park on the Subject Property; Page 4 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

33 All overhead utilities on the Subject Property or in adjacent right-of-way shall be placed or relocated underground. The petitioner shall bear the full cost of any utility relocation and/or conflicts. The burying of the remaining utilities and removal of the utility poles at the northeast corner of the site shall occur either when 5300 Old Orchard Road, which is immediately west Lockwood Avenue, is developed or immediately following any amendment of this site plan approval, whichever is sooner. The removal of the pole on the west side of the property shall occur when 5300 Old Orchard Road is developed; 21. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel; 22. All landscaping shall be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance; 23. The petitioners shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming, watering, and replacing of dead plant materials in a timely manner in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit A and hereby made part of this Ordinance. This Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioners expense; 24. The petitioners shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM.dwg AutoCad format; 25. Prior to the issuance of building permits, the petitioners shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit; 26. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; 27. The petitioners shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; and 28. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioners shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. Page 5 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

34 Section 2: That relief from Chapter 118, Section (1)a, of the Skokie Village Code to exceed the yard to building height ratio of 2.5 to 1 for buildings above 60 feet, for the north building (5202 Old Orchard Road) from the residential property in the Village of Wilmette to the north, is hereby approved. Section 3: That relief from Chapter 118, Section (3) to permit encroachment of buildings into the east side yard less than the required 50 feet, is hereby approved. Section 4: That relief from Chapter 118, Section (6) for relief from site coverage by buildings to exceed 30%, is hereby approved. Section 5: That relief from Chapter 118, Section (10) to allow parking within 50 feet of the west and east lot lines, is hereby approved. Section 6: That Village Ordinances 80-5-Z-1276, 80-9-Z-1299, 83-4-Z-1516, and Z-2462, be and the same, are hereby repealed. Any previous Village Ordinances which were repealed by the foregoing Ordinances shall remain repealed and are null and void. Nothing in this Ordinance shall be construed to reinstate any previously repealed ordinances. Section 7: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 8: That this Ordinance shall be in full force and effect from and after its passage, approval, and recordation as provided by law. ADOPTED this day of November Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my November office this day of November Mayor, Village of Skokie Village Clerk Page 6 of 6 VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

35 Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case P This Agreement is entered into this day of 2010 by and between Zeller-Old Orchard L.L.C., a Delaware limited liability company, PMZ-Old Orchard L.L.C., a Delaware limited liability company, Aurora-Old Orchard L.L.C., a Delaware limited liability company, JPG-Old Orchard L.L.C., a Delaware limited liability company, DTC-Old Orchard L.L.C., a Delaware limited liability company, Canis Major-Old Orchard L.L.C., a Delaware limited liability company, DLB-Old Orchard L.L.C., a Delaware limited liability company, Passaglia-Old Orchard L.L.C., a Delaware limited liability company, by their Designated Representative, Zeller-Old Orchard L.L.C., a Delaware limited liability company, hereinafter referred to as "PROPERTY OWNER", and the VILLAGE OF SKOKIE, an Illinois municipal corporation hereinafter referred to as "VILLAGE". The parties to this Agreement hereby agree as follows: 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie, described as follows: PARCEL 1: ALL THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 15 ACRES OF SAID FRACTIONAL QUARTER AND EASTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY OF AND MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; EXCEPT THE NORTH 20 FEET OF THE SOUTH 50 FEET OF THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE EAST 15 ACRES OF SAID FRACTIONAL QUARTER AND EASTERLY OF A LINE DRAWN PARALLEL WITH AND 135 FEET EASTERLY OF AND MEASURED AT RIGHT ANGLES TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY, AS DESCRIBED IN WARRANTY DEED RECORDED NOVEMBER 3, 1972 AS DOCUMENT AND ALSO EXCEPT THAT PART FALLING IN HARRISON STREET, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOTS 1 AND 2 IN OLD ORCHARD OFFICE CENTRE RESUBDIVISION OF KIDDER S SUBDIVISION OF WITTBOLD S RAPID TRANSIT TERRACE NO. 4 AND VACATED STREETS AND ALLEYS IN THE EAST ½ OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 9, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 22, 1983 AS DOCUMENT PINS: (Parcel 1), and (Parcel 2) commonly known as Old Orchard Road, Skokie, Illinois. 2. At or near the time of execution of this Agreement, the VILLAGE granted an Occupancy Permit, Business License, or Special Use Permit hereinafter collectively referred to as permit pursuant to state statutes and local ordinances. VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

36 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install and maintain landscaping in accordance with the plan dated October 6, 2010 or as it may be subsequently revised with the approval of the Village Manager, or designee, and the Corporation Counsel. 4. The parties to this Agreement recognize that the installation and maintenance of landscaping is an integral part of the PROPERTY OWNER's plan for development and/or use of the property and is necessary to carry out the purpose and intent of the VILLAGE's land use objectives, and that the permit would not have been approved by the VILLAGE without the assurance that this Agreement would be executed by the PROPERTY OWNER. 5. The purpose of this Agreement is to assure: (a) installation of the landscaping in accordance with the landscaping plan approved by the VILLAGE, and (b) continued maintenance and care of the landscaping, including any landscaping indicated in the parkway area. 6. The property, which is the subject matter of this Agreement, is legally described above. The portions of the subject property which are to be landscaped and maintained pursuant to the terms and conditions of this Agreement are indicated on the Landscape Plan attached hereto, marked Exhibit 1 and are hereby made a part of this Agreement. 7. PROPERTY OWNER agrees that the installation and maintenance of the landscaping which is required in accordance with the permit issued by the VILLAGE and this Agreement will materially benefit the subject property. Such landscaping is necessary in order for the PROPERTY OWNER to comply with the conditions of the permit issued or granted by the VILLAGE for the PROPERTY OWNER s requested development or use of the property. 8. PROPERTY OWNER shall diligently maintain and care for the landscaping which is installed and required by the permit and this Agreement, using generally accepted methods of cultivation and watering. The PROPERTY OWNER shall maintain a standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. If Exhibit 1, attached hereto or permit specifies maintenance standards or procedures, such procedures are hereby adopted as part of this Agreement, and by such adoption, become enforcement conditions of this Agreement. 9. Failure to maintain the landscaping as required by this Agreement shall be a nuisance. In the event the PROPERTY OWNER fails to meet the standard of maintenance necessary to keep the landscaping in a healthy condition as required by this Agreement, the VILLAGE shall give written notice of the deficiency to the PROPERTY OWNER who shall have 20 days to make the necessary correction or replacement. If such correction or replacement is not made within the aforesaid 20- day period, the VILLAGE may elect to abate the nuisance and take necessary action to assure that the landscaping is replaced and/or maintained. In the event, the VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the premises for this purpose. The VILLAGE shall either personally serve the notice VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

37 upon the PROPERTY OWNER or mail a copy of it by certified mail to the PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when the VILLAGE or its agent intends to enter the premises. 10. For this purpose, the VILLAGE or its agent may enter upon the property and perform such work as it considers reasonably necessary and proper to restore, maintain, or replace the landscaping required by this Agreement. The VILLAGE may act either through its own employees or through an independent contractor. 11. The VILLAGE shall be entitled to reimbursement for abating the nuisance in restoring, maintaining or replacing the landscaping, provided that the VILLAGE follows the procedures set forth in this Agreement. Costs shall include but shall not be limited to actual costs incurred by the VILLAGE and administrative costs. The VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the PROPERTY OWNER fails to pay the costs within 30 days of the date on which demand is made, the VILLAGE may cause a lien to be placed on the subject property. The VILLAGE may record a notice with the Recorder of Deeds for Cook County stating that it has incurred expenses under the terms this Landscape Agreement. The VILLAGE shall be entitled to collect interest at the statutory rated on the amount owed. 12. In addition to having a lien placed on the subject property, the VILLAGE may institute a legal action to collect the amount owed. The PROPERTY OWNER agrees to pay the VILLAGE a reasonable sum for attorney's fees and court costs. 13. If either party upon the execution of this Agreement or during the course of performance considers that it is necessary to have the PROPERTY OWNER post additional security to guarantee the performance of his obligations hereunder, the VILLAGE may require the PROPERTY OWNER to post additional security. The VILLAGE may require either a cash deposit or a surety bond guaranteeing performance in a form signed by sureties satisfactory to the VILLAGE. The condition of the security shall be that if the PROPERTY OWNER fails to perform any obligation under this Agreement, the VILLAGE may, act on behalf of the PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a surety bond, require the securities to perform the obligations of this Agreement. 14. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions or causes of action for personal injury, property damage or otherwise, including reasonable attorneys fees, which may arise from the VILLAGE exercising any of its rights or obligations and performance under this Agreement. 15. All notices required or to be given pursuant hereto shall be in writing and either delivered personally or by a nationally recognized "over-night" courier service or mailed by United States certified or registered mail, postage prepaid, addressed to the VILLAGE and the PROPERTY OWNER as follows: VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

38 If to VILLAGE: Village of Skokie 5127 Oakton Street Skokie, IL Attention: Village Clerk With copies to: Village Manager 5127 Oakton Street Skokie, IL Corporation Counsel 5127 Oakton Street Skokie, IL If to the PROPERTY OWNER: Zeller Old Orchard L.L.C. c/o Janice Sava Goldsmith Vice President 401 North Michigan Avenue Suite 250 Chicago, IL With copies to: Old Orchard Towers 5202 Old Orchard Road Skokie, IL Attention: Property Manager Either Party may change the names and addresses of the persons to whom notices or copies thereof shall be delivered, by written notice to the other Party, as the case may be, in the manner herein provided for the service of notice. 16. The Parties and the individuals whose signature is affixed to this Agreement, each acting with due authority have executed this Agreement. 17. This Agreement pertains to, runs with the subject property, and shall be binding on the successors, assigns, and heirs in interest. 18. This Agreement shall be recorded at the PROPERTY OWNER s expense in the Office of the Recorder of Deeds for County of Cook. Remainder of this page intentionally left blank VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

39 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. Zeller-Old Orchard L.L.C., a Delaware limited liability company, PMZ-Old Orchard L.L.C., a Delaware limited liability company, Aurora-Old Orchard L.L.C., a Delaware limited liability company, JPG-Old Orchard L.L.C., a Delaware limited liability company, DTC-Old Orchard L.L.C., a Delaware limited liability company, Canis Major-Old Orchard L.L.C., a Delaware limited liability company, DLB-Old Orchard L.L.C., a Delaware limited liability company, Passaglia-Old Orchard L.L.C., a Delaware limited liability company, Village of Skokie By: its Village Manager ATTEST: Village Clerk By their Designated Representative, Zeller-Old Orchard L.L.C., a Delaware limited liability company, By: Janice Sava Goldsmith Its Vice President ATTEST: Its: VOSDOCS-# v1-Ordinance P Site_Plan_Approval Old_Orchard_Towers _Old_Orchard_Rd_

40 Exhibit 1

41

42 JPH: *11/1/10 PC: P SUP: THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER Z- D AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW CREMATION SERVICES AT 7334 LAWNDALE AVENUE, SKOKIE, ILLINOIS, IN A M3 INDUSTRY DISTRICT AND RELIEF FROM SECTIONS (2), (5), (5), AND (c)(2) OF THE SKOKIE VILLAGE CODE WHEREAS, the owner of the following described real property: LOTS 83 AND 84 IN KRENN AND DATO S WEST ROGERS PARK L SUBDIVISION OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: more commonly described as 7334 Lawndale Avenue, Skokie, Illinois (the Subject Property ), petitioned the Village of Skokie for a special use permit to allow cremation services for Smith- Corcoran Funeral Home in a M3 Industry district; and WHEREAS, in addition, relief is being requested from Sections (2), (5), (5), and (c)(2) of the Skokie Village Code (the Code ); and WHEREAS, the Subject Property consists of an existing industrial building near the intersection of Lawndale Avenue and Jarvis Avenue, which is owned and occupied by the petitioner. In addition to installation of crematory facilities, the Petitioner will continue to use the building as a storage and warehouse facility for its funeral-related equipment; and WHEREAS, since the building was built in 1959 and no alterations or remodeling to the building are being contemplated other than the installation of the cremation devices, the following relief is requested from the sections of the Code that have been revised subsequent to 1959: (a) (2) to allow a building setback of feet instead of the required minimum 25-foot setback; (b) (5) to allow a land coverage of 64.7% instead of the required maximum of 60% land coverage; and WHEREAS, relief from the landscaping requirements stated in Sections (5) and (c)(2) of the Code is necessary because compliance with these sections would create a noncompliant parking situation; and Page 1 of 4 VOSDOCS-# v1-Ordinance P SUP Cremation_Services 7334_Lawndale

43 WHEREAS, cremation services shall only be conducted between 7:00 a.m. and 9:00 p.m., with one employee at the facility during the process. Only one crematory facility will be installed and utilized. However, an additional crematory facility may be added at a later date; and WHEREAS, although employees will not routinely be present at the Subject Property, one or two employees may be present to operate the crematory facility, perform clean-up duties, or for purposes associated with the storage operations; and WHEREAS, at a public hearing before the Skokie Plan Commission, duly held on September 2, 2010, for which proper legal notice had been achieved, two individuals, that own a building west of the Subject Property, testified that the presence of a crematory would negatively impact neighboring properties. A Commissioner commented that another funeral home and crematory, located in Downtown Skokie next to residential condominiums, has operated without incident or complaints regarding the crematory; and WHEREAS, the Commission made the appropriate findings of fact as required under Section of the Skokie Village Code and voted to recommend to the Mayor and Board of Trustees that the requested special use permit and requested relief from the Village Code be granted subject to the conditions contained in the Plan Commission Report, dated October 4, 2010; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on October 4, 2010, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the special use permit requested by the petitioner to allow cremation services for Smith-Corcoran Funeral Home in a M3 Industry district at the Subject Property, described above and commonly known as 7334 Lawndale Avenue, Skokie, Illinois, in a M3 Industry district be and the same is hereby granted and approved subject to each of the conditions set forth below: 1. The petitioner shall operate the crematory services, together with storage and warehouse space, in substantial conformance with the final approved Site Plan, dated July 14, 2010, and the Smith-Corcoran Layout (Option A), dated August 27, 2009; 2. The petitioner shall submit the following with the building permit application: a. Copies of any and all necessary permit(s), licenses, and supporting documentation required by the Illinois Environmental Protection Agency, the Illinois Pollution Control Board, and the Illinois Office of the Comptroller authorizing the construction and operation of the crematorium; b. Design and specifications of a fire alarm system for approval by the Fire Prevention Bureau; c. Documentation indicating that all aspects of the crematory are in compliance with the Crematory Regulation Act within the Illinois Compiled Statutes Chapter 410 Public Health (410 ILCS 18); 3. The location for a minimum of one (1) bicycle parking space and the cut sheets for the selected bicycle parking rack; Page 2 of 4 VOSDOCS-# v1-Ordinance P SUP Cremation_Services 7334_Lawndale

44 Should Petitioner desire to wash or detail its vehicles at the Subject Property, a catch basin for the north warehouse area must be designed, approved and installed on the premises; 5. All trash shall remain out of sight at all times; 6. The Subject Property shall have 10 off-street parking spaces as indicated on the Site Plan, dated July 14, Any modifications to the parking lot striping must be approved by the Village Traffic Engineer; 7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner; 8. Parking lot and exterior lighting shall meet IES standards, be full cut-off design and be directed away from adjacent properties, subject to the approval of the Engineering Division; 9. Any sound from audio systems shall not be a nuisance in accordance with Village Code; 10. All off-street parking spaces shall be legibly striped and maintained; 11. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit; 12. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced; 13. Handicapped ramps are to be provided as necessary and meet State of Illinois Accessibility requirements and the Skokie Village Code; 14. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code; 15. Vehicles shall always be parked between and not overlap the striped lines of designated parking spaces and shall not block driveways, sidewalks, aisles, or other points of access; 16. All employees shall park on the Subject Property; 17. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel; 18. All buildings shall meet current International Building and NFPA Life Safety Codes as amended; 19. The petitioner shall submit to the Planning Division electronic files of the plat of survey and site plan in their approved and finalized form. The files shall be scaled CADD 2D drawing files on non-compressed, non-read only CD-ROM.dwg AutoCAD format; 20. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit; 21. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property Page 3 of 4 VOSDOCS-# v1-Ordinance P SUP Cremation_Services 7334_Lawndale

45 damage or personal injury related to work on or use of public property; 22.The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; and 23. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. Section 2: That relief is granted from Section (2) of the Skokie Village Code to allow a building setback of feet instead of the required minimum 25-foot setback. Section 3: That relief is granted from Section (5) of the Skokie Village Code to allow land coverage of 64.7% instead of the required maximum of 60% land coverage. Section 4: That relief is granted from the landscaping requirements of Sections (5) and (c)(2) of the Skokie Village Code to allow the Subject Property to meet all parking requirements. Section 5: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 6: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of November Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my November office this day of November Mayor, Village of Skokie Village Clerk Page 4 of 4 VOSDOCS-# v1-Ordinance P SUP Cremation_Services 7334_Lawndale

46 JPH: *11/1/10 PC: P E THIS RESOLUTION MAY BE CITED AS VILLAGE RESOLUTION NUMBER R- A RESOLUTION APPROVING A PLAT OF SUBDIVISION FOR THE PROPERTY LOCATED AT 5151 DEMPSTER STREET, SKOKIE, ILLINOIS IN A B3 BUSINESS DISTRICT WHEREAS, the owners of the following described real property: A PART OF LOT 1 IN NICKOLAS DAHM S SUBDIVISION OF PART OF THE NORTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JULY 31, 1922, AS DOCUMENT AND A PART OF LOT 1 IN ASSESSOR S DIVISION OF SAID NORTHEAST ¼ OF SECTION 21 LYING EAST OF GROSS POINT ROAD AND EAST OF LARAMIE AVENUE EXCEPT ALLEY AND EXCEPT THAT PART OF SAID LOT 1 HAVING BEEN RESUBDIVIDED BY THE FOLLOWING SUBDIVISIONS: NICKOLAS DAHM S SUBDIVISION, KRENN AND DATO S DEMPSTER STREET TERMINAL SUBDIVISION, AND CAROL AVENUE SUBDIVISION, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 IN SAID NICKOLAS DAHM S SUBDIVISION; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF FEET TO A POINT IN THE SOUTH LINE OF DEMPSTER STREET AS NOW LOCATED, SAID POINT BEING THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF A 16-FOOT PUBLIC ALLEY A DISTANCE OF FEET TO A POINT IN THE NORTH LINE OF A 16-FOOT EAST-WEST PUBLIC ALLEY; THENCE SOUTH 89 DEGREES 53 MINUTES 11 SECONDS WEST ALONG SAID NORTH LINE A DISTANCE OF FEET TO A POINT IN THE EASTERLY LINE OF GROSS POINT ROAD; THENCE NORTH 25 DEGREES 04 MINUTES 14 SECONDS EAST ALONG SAID EASTERLY LINE A DISTANCE OF FEET TO A POINT IN THE SOUTH LINE OF DEMPSTER STREET AS NOW LOCATED; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE A DISTANCE OF FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. PINS: , more commonly known as 5151 Dempster Street, Skokie, Illinois (hereinafter the Subject Property ) in a B3 Business district, petitioned the Village of Skokie for a subdivision of the Subject Property for the purpose of consolidating two existing parcels into one lot, as shown on the 5151 Dempster Subdivision Plat, dated revised August 19, 2010, a copy of which is marked as Exhibit 1 and attached hereto; and WHEREAS, subsequent to the subdivision of the Subject Property, the legal description of the Subject Property will be as follows: LOT 1 IN THE 5151 DEMPSTER SUBDIVISION BEING A PART OF THE NORTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Page 1 of 3 VOSDOCS-# v1-Resolution P Plat_of_Subdivision 5151_Dempster

47 and will continue to be commonly known as 5151 Dempster Street, Skokie, Illinois; and WHEREAS, this case is related to Plan Commission Case P; and WHEREAS, the Skokie Plan Commission, after public hearing duly held September 2, 2010 voted to recommend to the Mayor and Board of Trustees that the requested subdivision be granted subject to the conditions stated in the Plan Commission Report dated October 4, 2010; WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on October 4, 2010, concurred in the aforesaid recommendation of the Skokie Plan Commission; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section1: That the requested subdivision of the Subject Property, legally described above and commonly known as 5151 Dempster Street, Skokie, Illinois, in a B3 Business district, be and the same is hereby approved subject to the following conditions: 1. The property shall be subdivided pursuant to the 5151 Dempster Subdivision plat, dated August 19, 2010, or as may be further revised with the approval of the Village Manager or designee, and Corporation Counsel; 2. Subsequent to passage of the Resolution by the Board of Trustees, the Mylar of the 5151 Dempster Subdivision shall be submitted to the Village with all signatures other than Village staff or elected officials; 3. The 5151 Dempster Subdivision shall be effective upon its recordation of this Resolution with the Office of the Recorder of Deeds of Cook County, Illinois; 4. All monuments shall be set no later than 1 year after the date of the recording of the plat; 5. In accordance with Village of Skokie Map Data Policy, the property must be surveyed, reference, and rectified to at least the 2 nearest Village Control Monuments (previously surveyed to Second Order Class I [1:50,000]) with a survey accuracy of one part in 20,000 or better (Second Order Class II, Supplemental Horizontal Control), thus the 2 monuments at opposite subdivision corners need to state SPCS (NAD83 HARN 2007) referenced to at least 2 nearby Village Control Monuments; 6. The petitioner shall submit to the Planning Division electronic files of the plat of subdivision in approved and finalized form. The files shall be scaled drawing files in AutoCAD format (version 2010 or older). The drawings shall be formatted to SPCS, NAD83, HARN 2007, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements shall be contained within a single file, no XREF or PDF attachment files shall be used; 7. If work is to be performed on public property or if public property is utilized or impacted during construction and or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any Page 2 of 3 VOSDOCS-# v1-Resolution P Plat_of_Subdivision 5151_Dempster

48 and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; and 8. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. Section 2: That the 5151 Dempster Subdivision plat, dated revised August 19, 2010, attached hereto and marked as Exhibit 1 be and the same is hereby accepted and shall be recorded at the Petitioner s expense with the Cook County Recorder of Deeds Office. Section 3: That a notice of approval the of this Resolution incorporating the conditions contained herein shall be approved by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the Petitioner s expense. Section 4: That this Resolution shall be in full force and effect from and after its passage, approval and recordation as provided by law. PASSED this day of November, Ayes: Nays: Village Clerk Absent: Approved by me this day of Attest: November, Village Clerk Mayor, Village of Skokie Page 3 of 3 VOSDOCS-# v1-Resolution P Plat_of_Subdivision 5151_Dempster

49 Exhibit 1

50 JPH: *11/1/10 PC: P SUP: THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER Z- F AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AUTOMOBILE RENTAL, INCLUDING THE RENTAL AND STORAGE OF TRUCKS, AT 5151 DEMPSTER STREET, SKOKIE, ILLINOIS IN A B3 BUSINESS DISTRICT AND THE REPEAL OF VILLAGE ORDINANCE NUMBER 77-7-Z WHEREAS, the owner, of the following described real property: LOT 1 IN 5151 DEMPSTER SUBDIVISION BEING A PART OF THE NORTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINS: , more commonly described as 5151 Dempster Street, Skokie, Illinois (hereinafter Subject Property ), on behalf of Budget Rent-A-Car Systems, Inc. (hereinafter Budget ), petitioned the Village of Skokie for a modification of an existing special use permit to allow the rental and storage of trucks, in addition to automobiles, in a B3 Business district; and WHEREAS, pursuant to Village Ordinance Number 77-7-Z-1019, Plan Commission Case 77-21P, a special use permit was originally approved for the Subject Property to permit the rental of automobiles and cargo vans only; and WHEREAS, the Community Department staff has recommended a new special use permit with new conditions and the repeal of the existing special use permit; and WHEREAS, over the past ten years, Budget has expanded its fleet to include larger trucks. The number of larger trucks parked on the Subject Property increased several years ago when a portion of the east side of the building was removed and the parking lot was expanded; and WHEREAS, Budget will make the following modifications to the Subject Property: i. reconfigure the existing parking lot to properly accommodate the storage and maneuvering of the larger trucks; ii. provide new fencing along Dempster Street and the east property line so the vehicles are screened from the public right of way; iii. install new low-growing landscaping within the new sight distance triangles at the northeast and southwest corners of the Subject Property; and WHEREAS, the Skokie Plan Commission, at a public hearing duly held on September 2, 2010, for which proper legal notice had been achieved and no interested Page 1 of 4 VOSDOCS-# v1-Ordinance P SUP Automobile &_Truck_Rental_&_Storage 5151_Dempster

51 parties appeared, (a) made the appropriate findings of fact as required under Section of the Skokie Village Code and (b) voted to recommend to the Mayor and Board of Trustees that the requested special use permit be granted subject to the conditions contained in the Plan Commission Report, dated October 4, 2010; and WHEREAS, the Skokie Plan Commission further recommended that the Village Ordinance 77-7-Z-1019 be repealed; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on October 4, 2010, concurred in the aforesaid recommendations and findings of fact of the Skokie Plan Commission; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That the special use permit requested by the petitioner to allow automobile rental, including the rental and storage of trucks, at the Subject Property, described above and commonly known as 5151 Dempster Street, Skokie, Illinois, in a B3 Business district, be and the same is hereby granted and approved, subject to each of the conditions set forth below: 1. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved Site Plan (includes landscaping), dated July 30, 2010, and revised September 20,2010; 2. No more than three 32-foot-long trucks shall be stored on the subject site at any given time. No more than one 32-foot-long truck shall be parked in each bay; 3. Trucks exceeding 32 feet in length shall be prohibited from parking on the Subject Property; 4. No truck, 24 feet in length or longer, shall park in any parking space on the Subject Property other than within the 4 truck bays at the northeast corner of the property; 5. At least once during the day and before opening and closing of the business, employees shall patrol the Subject Property and clear it of all debris; 6. The plan to restripe the parking areas must be approved by the Village Traffic Engineer prior to restriping the lot; 7. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner; 8. All off-street parking spaces shall be legibly striped and maintained; 9. Regulatory signage or pavement markings shall be provided to help assure proper vehicular traffic movement; 10. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission; 11. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform therewith prior Page 2 of 4 VOSDOCS-# v1-Ordinance P SUP Automobile &_Truck_Rental_&_Storage 5151_Dempster

52 to the issuance of an occupancy permit; 12. All existing damaged public sidewalks or sidewalks damaged due to the implementation of this plan shall be replaced; 13. Vehicles shall always be parked in designated parking spaces, and not overlap the striped lines of designated parking spaces or parked in or otherwise block driveways, sidewalks, aisles, or other points of access. All employees shall park on the Subject Property; 14. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel; 15. All landscaping shall be maintained to a maximum height of 30 inches for a distance of 15 feet from any vehicular access point or intersection in order to maintain adequate sight distance; 16. The petitioner shall sign an "Agreement for Installation and Maintenance of Landscaping" to assure that the Subject Property and parkway landscaping is completed and maintained, including trimming and watering, in accordance with the final approved landscape plan. A copy of said Agreement is attached hereto, marked Exhibit A and hereby made part of this Ordinance. This Agreement for Installation and Maintenance of Landscaping" shall be recorded at the petitioner s expense. All dead landscaping shall be replaced in a timely manner; 17. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit; 18. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property; 19. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations; 20. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked; and 21. The petitioner shall pay all costs related to any hearings conducted as a result of noncompliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing; Section 2: That Village Ordinance Number 77-7-Z-1019, be and the same, is herby repealed. Any previous Village Ordinances which were repealed by the aforementioned Ordinance shall remain repealed and are null and void. Nothing in this Ordinance shall be construed to reinstate any previous repealed ordinances. Page 3 of 4 VOSDOCS-# v1-Ordinance P SUP Automobile &_Truck_Rental_&_Storage 5151_Dempster

53 Section 3: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of November Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my November office this day of November Mayor, Village of Skokie Village Clerk Page 4 of 4 VOSDOCS-# v1-Ordinance P SUP Automobile &_Truck_Rental_&_Storage 5151_Dempster

54 Exhibit A AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING Plan Commission Case P This Agreement is entered into this day of 2010 by and between 5151 DEMPSTER PROPERTIES, L.L.C., hereinafter referred to as "PROPERTY OWNER", and the VILLAGE OF SKOKIE, an Illinois municipal corporation hereinafter referred to as "VILLAGE". The parties to this Agreement hereby agree as follows: 1. PROPERTY OWNER is the owner of real property located in the Village of Skokie, described as follows: LOT 1 IN 5151 DEMPSTER SUBDIVISION BEING A PART OF THE NORTHEAST ¼ OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINS: , commonly known as 5151 Dempster Street, Skokie, Illinois. 2. At or near the time of execution of this Agreement, the VILLAGE granted an Occupancy Permit, Business License, or Special Use Permit hereinafter collectively referred to as permit pursuant to state statutes and local ordinances. 3. By the terms of the aforesaid permit, the PROPERTY OWNER is required to install and maintain landscaping in accordance with the site plan dated July 30, 2010, and revised September 20, 2010, or as it may be subsequently revised with the approval of the Village Manager, or designee, and the Corporation Counsel. 4. The parties to this Agreement recognize that the installation and maintenance of landscaping is an integral part of the PROPERTY OWNER's plan for development and/or use of the property and is necessary to carry out the purpose and intent of the VILLAGE's land use objectives, and that the permit would not have been approved by the VILLAGE without the assurance that this Agreement would be executed by the PROPERTY OWNER. 5. The purpose of this Agreement is to assure: (a) installation of the landscaping in accordance with the landscaping plan approved by the VILLAGE, and (b) continued maintenance and care of the landscaping, including any landscaping indicated in the parkway area. 6. The property, which is the subject matter of this Agreement, is legally described above. The portions of the subject property which are to be landscaped and

55 maintained pursuant to the terms and conditions of this Agreement are indicated on the Landscape Plan attached hereto, marked Exhibit 1 and are hereby made a part of this Agreement. 7. PROPERTY OWNER agrees that the installation and maintenance of the landscaping which is required in accordance with the permit issued by the VILLAGE and this Agreement will materially benefit the subject property. Such landscaping is necessary in order for the PROPERTY OWNER to comply with the conditions of the permit issued or granted by the VILLAGE for the PROPERTY OWNER s requested development or use of the property. 8. PROPERTY OWNER shall diligently maintain and care for the landscaping which is installed and required by the permit and this Agreement, using generally accepted methods of cultivation and watering. The PROPERTY OWNER shall maintain a standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. If Exhibit 1, attached hereto or permit specifies maintenance standards or procedures, such procedures are hereby adopted as part of this Agreement, and by such adoption, become enforcement conditions of this Agreement. 9. Failure to maintain the landscaping as required by this Agreement shall be a nuisance. In the event the PROPERTY OWNER fails to meet the standard of maintenance necessary to keep the landscaping in a healthy condition as required by this Agreement, the VILLAGE shall give written notice of the deficiency to the PROPERTY OWNER who shall have 20 days to make the necessary correction or replacement. If such correction or replacement is not made within the aforesaid 20- day period, the VILLAGE may elect to abate the nuisance and take necessary action to assure that the landscaping is replaced and/or maintained. In the event, the VILLAGE so elects; the VILLAGE shall serve notice of its intent to enter the premises for this purpose. The VILLAGE shall either personally serve the notice upon the PROPERTY OWNER or mail a copy of it by certified mail to the PROPERTY OWNER's last known address, or as shown on the tax rolls, at least 15 days in advance of the date when the VILLAGE or its agent intends to enter the premises. 10. For this purpose, the VILLAGE or its agent may enter upon the property and perform such work as it considers reasonably necessary and proper to restore, maintain, or replace the landscaping required by this Agreement. The VILLAGE may act either through its own employees or through an independent contractor. 11. The VILLAGE shall be entitled to reimbursement for abating the nuisance in restoring, maintaining or replacing the landscaping, provided that the VILLAGE follows the procedures set forth in this Agreement. Costs shall include but shall not be limited to actual costs incurred by the VILLAGE and administrative costs. The VILLAGE shall make demand upon the PROPERTY OWNER for payment. If the PROPERTY OWNER fails to pay the costs within 30 days of the date on which demand is made, the VILLAGE may cause a lien to be placed on the subject property. The VILLAGE may record a notice with the Recorder of Deeds for Cook County stating that it has incurred expenses under the terms this Landscape Agreement. The VILLAGE shall be entitled to collect interest at the statutory rated on the amount owed.

56 12. In addition to having a lien placed on the subject property, the VILLAGE may institute a legal action to collect the amount owed. The PROPERTY OWNER agrees to pay the VILLAGE a reasonable sum for attorney's fees and court costs. 13. If either party upon the execution of this Agreement or during the course of performance considers that it is necessary to have the PROPERTY OWNER post additional security to guarantee the performance of his obligations hereunder, the VILLAGE may require the PROPERTY OWNER to post additional security. The VILLAGE may require either a cash deposit or a surety bond guaranteeing performance in a form signed by sureties satisfactory to the VILLAGE. The condition of the security shall be that if the PROPERTY OWNER fails to perform any obligation under this Agreement, the VILLAGE may, act on behalf of the PROPERTY OWNER and use the proceeds of the cash bond, or in the case of a surety bond, require the securities to perform the obligations of this Agreement. 14. The PROPERTY OWNER hereby agrees to indemnify and hold harmless the VILLAGE, its trustees, officials, employees and agents for any costs, claims, actions or causes of action for personal injury, property damage or otherwise, including reasonable attorneys fees, which may arise from the VILLAGE exercising any of its rights or obligations and performance under this Agreement. 15. All notices required or to be given pursuant hereto shall be in writing and either delivered personally or by a nationally recognized "over-night" courier service or mailed by United States certified or registered mail, postage prepaid, addressed to the VILLAGE and the PROPERTY OWNER as follows: If to VILLAGE: Village of Skokie 5127 Oakton Street Skokie, IL Attention: Village Clerk With copies to: Village Manager 5127 Oakton Street Skokie, IL If to the PROPERTY OWNER: 5151 Dempster Properties, L.L.C Jinke Drive Northbrook, IL Attention: Ronald Durchin Corporation Counsel 5127 Oakton Street Skokie, IL Either Party may change the names and addresses of the persons to whom notices or copies thereof shall be delivered, by written notice to the other Party, as the case may be, in the manner herein provided for the service of notice. 16. The Parties and the individuals whose signature is affixed to this Agreement, each acting with due authority have executed this Agreement.

57 17. This Agreement pertains to, runs with the subject property, and shall be binding on the successors, assigns, and heirs in interest. 18. This Agreement shall be recorded at the PROPERTY OWNER s expense in the Office of the Recorder of Deeds for County of Cook. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above DEMPSTER PROPERTIES, L.L.C. VILLAGE OF SKOKIE By: Title: By: its Village Manager ATTEST: ATTEST: Its: Village Clerk

58 Exhibit 1

59 JPH: 10/18/10 Manager s Report *11/1/10 G THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER T- AN ORDINANCE PROVIDING FOR THE INSTALLATION AND ESTABLISHMENT OF A FOUR-WAY STOP SIGN CONTROL AT THE INTERSECTION OF PAYNE STREET AND KARLOV AVENUE, SKOKIE, ILLINOIS WHEREAS, due to the concerns of representatives of Highland School, the Village Manager directed the Engineering Division to review the traffic patterns in and around the area of the school; and WHEREAS, the Traffic Engineering Division conducted a study of the local streets in the area of Highland School and specifically, the Payne Street and Karlov Avenue intersection, which has an existing two-way stop sign on Payne Street; and WHEREAS, an analysis of the information collected for the study revealed the following: i. Gaps in the public sidewalk system exist in this area; ii. On-street parking is permitted in the area and with an absence of No Parking Here to Corner signs, parked vehicles encroach into the intersections; iii. The activity level for the intersection of Payne Street and Karlov Avenue has increased to a very high level and includes pedestrians, student drop-off and pickup activity, and school bus routes; and WHEREAS, based upon the above information, the Director of Engineering has determined that an upgrade to four-way stop signs at the subject intersection, along with stop lines and crosswalk lines, would be beneficial as an additional safety feature. Additionally, No Parking Here to Corner signs will be placed at the intersection and at the T intersection to the east to improve visibility; and WHEREAS, Village staff, including a representative from the Police Department, met with representatives of Highland School regarding the enhanced safety measures, which were well received; and WHEREAS, in order to improve traffic safety in the subject area and school safety operations, the Director of Engineering recommended to the Village Manager to install and establish four-way stop signs at the intersection of Payne Street and Karlov Avenue; and WHEREAS, on October 18, 2010, the Village Manager recommended to the Mayor and Board of Trustees that four-way stop signs be installed and established at the intersection of Payne Street and Karlov Avenue; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held October 18, 2010, concurred in the aforesaid recommendation; Page 1 of 2 VOSDOCS-# v1-Ordinance Stop_Sign Payne_and_Karlov

60 NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That pursuant to the provisions Chapter 106, Article II, Division 1, Section of the Skokie Village Code and the Illinois Vehicle Code, four-way stop signs shall be installed at the intersection of Payne Street and Karlov Avenue in accordance with the diagram attached hereto and marked Exhibit "A" and hereby made a part of this Ordinance. Section 2: That the Village Manager is hereby directed and authorized to erect the necessary signs in accordance with the provisions of this Ordinance. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of November Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my office this November day of November 2010; and published in pamphlet form according to law from November, 2010 Mayor, Village of Skokie to November, Village Clerk Page 2 of 2 VOSDOCS-# v1-Ordinance Stop_Sign Payne_and_Karlov

61 Exhibit A

62 JPH: 10/18/10 Manager s Report *11/1/10 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER T- H AN ORDINANCE PROVIDING FOR THE INSTALLATION AND ESTABLISHMENT OF FOUR-WAY STOP SIGN CONTROL AT THE INTERSECTION OF KEELER AVENUE AND GRANT STREET, SKOKIE, ILLINOIS WHEREAS, due to the concerns of the residents in and around the vicinity of the Keeler Avenue and Grant Street intersection, the Village Manager directed the Engineering Division to review the traffic patterns in this area; and WHEREAS, the Traffic Engineering Division conducted a study of the intersection s characteristics that may result in accident potential with the existing two-way stop sign at the Keeler Avenue and Grant Street intersection; and WHEREAS, an analysis of the information collected for the study led to the following determinations: i. Both Keeler Avenue and Grant Street are local streets in the street network system, and are within an area bounded by Gross Point Road, Golf Road, Old Orchard Road and Crawford Avenue ( Subject Area ), ii. Both Keeler Avenue and Grant Street act as internal collectors, as defined by a threshold of 1,000 vehicles per day, iii. In this area, street widths vary and there are no public sidewalks on certain street sections, resulting in pedestrians at times using the street for walking; and WHEREAS, based upon the above determinations, the Director of Engineering made the recommendation to the Village Manager to change the current two-way stop sign to a four-way stop sign at the intersection of Keeler Avenue and Grant Street, in order to improve the safety characteristics of the operation of the intersection and Subject Area; and WHEREAS, on October 18, 2010, the Village Manager recommended to the Mayor and Board of Trustees that the four-way stop sign be installed and established at the intersection of Keeler Avenue and Grant Street; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held October 18, 2010, concurred in the aforesaid recommendation; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Section 1: That pursuant to the provisions of Chapter 106, Article II, Division 1, Section of the Skokie Village Code and the Illinois Vehicle Code, a four way stop sign Page 1 of 2 VOSDOCS-# v1-Ordinance Stop_Sign Keeler_&_Grant

63 control shall be installed at the intersection of Keeler Avenue and Grant Street in accordance with the diagram attached hereto and marked Exhibit "A" and hereby made a part of this Ordinance. Section 2: That the Village Manager is hereby directed and authorized to erect the necessary signs in accordance with the provisions of this Ordinance. Section 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of November Village Clerk Ayes: Nays: Absent: Approved by me this day of Attested and filed in my office this November day of November 2010; and published in pamphlet form according to law from November, 2010 Mayor, Village of Skokie to November, Village Clerk Page 2 of 2 VOSDOCS-# v1-Ordinance Stop_Sign Keeler_&_Grant

64 Exhibit A

65 I JPH: 11/1/10 1 st Reading *11/15/10 THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER Z- AN ORDINANCE APPROVING A PLAT OF DEDICATION FOR A PORTION OF PROPERTY LOCATED AT 4435 OAKTON STREET, SKOKIE, ILLINOIS IN A B2 COMMERCIAL DISTRICT WHEREAS, the owner of the following described real property: THE NORTH 7 FEET OF LOTS 1, 2 AND 3 IN BLOCK 2 IN BLAMEUSER S OAKTON-KOSTNER SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED JUNE 28, 1924 AS DOCUMENT , IN COOK COUNTY, ILLINOIS. PINS: , , more commonly known as a portion of land located on the north side of 4435 Oakton Street, Skokie, Illinois (hereinafter the Subject Property ) in a B2 Commercial district, as depicted on the Plat of Dedication, dated August 17, 2010, a copy of which is attached hereto as Exhibit 1, is dedicating the Subject Property to the Village of Skokie as part of the Oakton Street public right of way; and WHEREAS, the Subject Property is generally described as a rectangular shaped parcel measuring 7.00 feet on the east and west sides and feet on the north and south sides; and WHEREAS, the Subject Property is being dedicated to develop a consistent public right of way along Oakton Street where full street dedication has not occurred. This dedication is being made without compensation to the property owner; and WHEREAS, the Community Development Department Director reviewed the Plat of Dedication, dated August 17, 2010, and determined that the dedication meets all Village requirements and has recommended its acceptance, as indicated in his memorandum dated October 13, 2010; and WHEREAS, the Mayor and Board of Trustees, at a public meeting duly held on November 15, 2010, concurred in the aforesaid recommendation of the Skokie Plan Commission: NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Skokie, Cook County, Illinois: Page 1 of 2 VOSDOCS-# v1-Ordinance Plat_of_Dedication 4435_Oakton

66 1 2 Section 1: stated in full. That the above stated Recitals are restated and incorporated as if Section 2: That the dedication of the Subject Property, legally described above and commonly known as a portion of land on the north side of 4435 Oakton Street, Skokie, Illinois, in a B2 Commercial district, as depicted on the Plat of Dedication, dated August 17, 2010, be and the same is hereby approved. Section 3: The public purpose of the dedication of the Subject Property is to develop a consistent public right of way for Oakton Street. Section 4: That the Plat of Dedication, dated August 17, 2010, attached as Exhibit 1, except as it may be revised subject to the approval of the Corporation Counsel and the Village Manager or designee, be and the same is hereby accepted. The Plat shall be recorded with the Cook County Recorder of Deeds Office. Section 5: That a notice of the approval of this Ordinance incorporating the conditions contained herein shall be executed by the owner of the property in writing and duly recorded with the Cook County Recorder of Deeds Office at the owner s expense. Section 6: That this Ordinance shall be in full force and effect from and after its passage, approval and recordation as provided by law. ADOPTED this day of November Ayes: Village Clerk Nays: Absent: Approved by me this day of November Attested and filed in my office this day of November, Village Clerk Mayor, Village of Skokie Page 2 of 2 VOSDOCS-# v1-Ordinance Plat_of_Dedication 4435_Oakton

67 Exhibit 1

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69 building was previously used for religious assembly uses the full use of the existing building will not overburden the site or cause a change in use. The Appearance Commission review was not necessary. Thus, it is respectfully recommended that the request to amend special use permit ordinance #05-7-Z-3369 to allow an interim operating plan for the Assyrian National Council of Illinois Community Center be approved subject to the following conditions. All new language is in bold print and highlighted and all language to be deleted is struck through and highlighted. 1. That the petitioner shall be allowed to use and develop the subject site in two phases. Phase 1 shall be in substantial conformance with the Plat of Survey dated March 17, 2005 and Existing Building Floor Plans, received September 23, Prior to the approval of the special use permit ordinance the petitioner shall submit an existing landscape plan for the site that includes the parkway adjacent to the site. Two missing trees on Niles Center Road and two trees on Kenton Avenue must be shown. Phase 2 shall be in substantial conformance with the final Village approved Site Plan, Floor Plan, Elevations, and Landscape Plan, dated June 3, 2005; 4. The fixed seating area shall not be utilized for assembly uses at the same time as the gymnasium, social hall, or lower-level assembly hall and the gymnasium in Phase 2 other than in conjunction with the general use of the building; 6. Petitioner shall notify the Village of the cessation of the Religious Assembly Use by Congregation B nai Emunah; 7. The petitioner shall file a plat of dedication with the Village pertaining to the 10 x10 triangle located at the southeast corner of Church Street and Niles Center Road, prior to the issuance of a Certificate of Occupancy A trash enclosure shall be constructed at the current trash collection site. Trash shall only be allowed within a designated trash enclosure, and shall be screened from public view in an enclosure of material matching the building. All trash shall be contained in such a way as to remain out of sight at all times; 10. In Phase 1 the existing development shall have a minimum of 106 off-street parking spaces. The entire parking lot shall be patched, sealed and striped and the driveway apron on Kenton Avenue shall be repaired in compliance with Village requirements prior to June 1, The striping plan must be submitted to the Engineering Division for review and approval. In Phase 2 tthe proposed development shall have a minimum of 121 off-street parking spaces including 5 handicapped parking spaces. A total of 18 bicycle parking spaces must be provided which meet the requirements of Sec of the Village Code. The location and type of bicycle parking facilities shall be approved by the Director of Community Development; 17. In Phase 2 the site All sites must conform to the Village's Storm Water Control Ordinance as contained in the Skokie Village Code, including the disconnection of any downspouts; #

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77 KILPATRICK AVENUE SHOPPING CENTER B1 R4 R3 R2 CHURCH R4 GENERAL RESIDENTIAL NILES CENTER DAVIS R2 R4 R1 ROAD B2 B2 R1 AVENUE KENTON CHURCH STREET STREET P: 9131 Niles Center Road (Modified Review) B2 SINGLE-FAMILY RESIDENTIAL R4 GENERAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENTIAL R1 KOLMAR AVENUE NORTH